Colorado Electrical Licensing Law

Colorado Code · 552 sections

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

C.R.S. § 10-4-1601

10-4-1601. Definitions. As used in this part 16, unless the context otherwise requires:

(1)  Administrator means the person who is responsible for the

administration of any service contracts issued by a provider or who is responsible for any submission required by this part 16 on behalf of a provider.

(2)  Commissioner means the commissioner of insurance.


(3)  Consumer means a natural person who buys, other than for purposes of

resale, any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or research purposes.

(4)  Consumer product means any tangible personal property that is

distributed in commerce and is normally used for personal, family, or household purposes, including any tangible personal property intended to be attached to or installed in any real property without regard to whether it is so attached or installed.

(5)  Maintenance agreement means a contract of limited duration that

provides for scheduled maintenance only and does not include repair or replacement.

(6)  Nonoriginal manufacturer's parts means replacement parts not made

for or by the original manufacturer of the property.

(7)  Person has the same meaning as set forth in section 2-4-401, C.R.S.


(8)  Premium means the consideration paid to an insurer for a

reimbursement insurance policy.

(9)  Provider means a person who is contractually obligated to the service

contract holder under the terms of the service contract.

(10)  Provider fee means the consideration paid for a service contract.


(11)  Reimbursement insurance company means an insurer that issues any

reimbursement insurance policy.

(12)  Reimbursement insurance policy means a policy of insurance issued to

a provider to either provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider.

(13)  Related service contract seller means any employee of the provider

who is responsible for marketing, selling, or offering to sell service contracts on the provider's behalf.

(14)  Service contract means a contract or agreement of a specific duration,

for a separately stated consideration, to perform the repair, replacement, or maintenance of a consumer product or indemnify the consumer for the repair, replacement, or maintenance of a consumer product for the operational or structural failure of the consumer product due to a defect in materials, workmanship, accidental damage from handling, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances. Service contracts may provide for the repair, replacement, or maintenance of a consumer product for damage resulting from power surges or interruption. Service contracts are not insurance in this state or otherwise regulated under this title.

(15)  Service contract holder or contract holder means a person who is the

purchaser or holder of a service contract.

(16)  Warranty means a warranty that is made solely by the manufacturer,

importer, or seller of tangible personal property or services without consideration, that is not negotiated or separated from the sale of the property and is incidental to the sale of the product, and that guarantees either:

(a)  Indemnity for defective parts or for damage resulting from a mechanical

or electrical breakdown, including labor; or

(b)  Other remedial measures, such as repair or replacement of the property

or repetition of services.

Source: L. 2014: Entire part added, (HB 14-1199), ch. 204, p. 741, � 2, effective

January 1, 2015.

C.R.S. § 11-105-304

11-105-304. Bank investments - customers' orders. (1) In addition to other investments, expressly authorized by this code or the rules promulgated by the banking board, a state bank may purchase:

(a)  Obligations that satisfy the requirements of this code or the rules

promulgated by the banking board for loans;

(b)  Obligations of, or fully guaranteed by, the United States, a state of the

United States, or the Dominion of Canada;

(c)  Obligations of the international bank for reconstruction and

redevelopment;

(d)  Farm loan bonds issued by any federal land bank organized pursuant to

an act of congress approved July 17, 1916, entitled: An Act to provide capital for agricultural development, to create standard forms of investment based upon farm mortgages, to furnish a market for United States bonds, to create government depositories and financial agents for the United States, and for other purposes. and known as the Federal Farm Loan Act, and acts amendatory thereto. Such farm loan bonds shall be accepted as security for all public deposits and in all cases where bonds are required by law to be deposited with any department or public official of this state, but this section shall not be so construed as to prohibit such moneys or deposits from being invested in such other securities provided for by law.

(e)  General obligations of a territory of the United States, a province of the

Dominion of Canada, a political subdivision or instrumentality of a state or territory of the United States;

(f)  Obligations of a corporation chartered by the United States or a state

thereof doing business in the United States; an authority organized under state law, an interstate compact, or by substantially identical legislation adopted by two or more states if any of the foregoing under this paragraph (f) are approved by the banking board for investment;

(g)  Revenue obligations issued to provide, enlarge, or improve electric

power, gas, water, and sewer facilities by any city or town having a population of not less than two thousand people at the time of the investment, located in any state in the United States or territories thereof;

(h)  Such other obligations as the general assembly has designated or may

from time to time designate as legal investments for public funds.

(2)  A state bank may invest an amount not exceeding ten percent of its

capital as defined in the rules promulgated by the banking board in the stock of a corporation exclusively engaged in trust business and incorporated as a trust company under article 109 of this title, but every such investment shall be subject to prior approval of the banking board.

(3)  A state bank's investment in the stock of a safe deposit company is

governed by section 11-105-501.

(4)  A state bank may purchase or sell without recourse any security,

including corporate stock, upon the order of a customer and for such customer's account.

(5)  A state bank may, to the extent that banks subject to the laws of the

federal government are permitted so to do and to the extent permitted by the rules of the banking board, purchase shares of stock in small business investment companies organized under Public Law No. 85-699, 85th Congress, known as the Small Business Investment Act of 1958, and as amended, but in no event shall any state bank hold shares in small business investment companies in an amount aggregating more than three percent of the bank's capital and surplus.

(6)  No limitation or prohibition otherwise imposed by any provision of state

law relating to banks shall prevent a state bank from investing not more than ten percent of the bank's capital as defined in the rules promulgated by the banking board in a bank service corporation as defined in 12 U.S.C. secs. 1861 to 1865, inclusive, and as amended, subject to the rights, powers, and limitations contained therein, and such investment by state banks is expressly authorized to the extent permitted by the rules of the banking board.

(7)  Notwithstanding any restrictions upon investments in obligations,

powers, or activities contained in this code, a state bank may invest in any obligation, exercise such powers, and engage in such activities that such bank could legally acquire, exercise, and engage in were it operating as a national bank at the time such investment was made, such powers were exercised, or such activities were engaged in, to the extent permitted by the rules promulgated by the banking board.

(8)  A state bank may invest an amount not exceeding ten percent of its

capital as defined in the rules promulgated by the banking board in the stock of any bank or bank holding company that provides services solely to depository institutions and their shareholders, directors, officers, and employees, wherein the ownership of stock of the bank or bank holding company, except for any stock required by law to be owned by directors of the bank or bank holding company, is restricted to banks or bank holding companies. The amount of stock owned by a state bank in any such bank or bank holding company shall not be in excess of five percent of the voting shares of such bank or bank holding company.

(9) (a)  Notwithstanding the provisions of section 11-105-102 (2), a state bank

may directly engage in activities that are primarily investments in real estate or may acquire and hold the voting stock of one or more corporations the activities of which are primarily investments in real estate. Such activities may include subdividing and developing real property and building residential housing or commercial improvements on such property and may also include owning, renting, leasing, managing, operating for income, or selling such property. Investments in real estate subject to section 11-105-401 may, at the bank's option, be included in investments authorized in this subsection (9) and thereby be removed from the restrictions of section 11-105-401. Such property shall be entered on the books at not more than cost or fair market value, whichever is less, but without any charge off as required under section 11-105-401 (1)(d). The total of all investments made by a state bank pursuant to the authority of this subsection (9), including any loans and guarantees made by the bank on such property or made to or for the benefit of corporations the stock of which it holds pursuant to the authority of this subsection (9), shall not exceed ten percent of its total assets. The authority provided in this subsection (9) is in addition to investment in fixed assets of the bank pursuant to section 11-105-402.

(b)  Upon finding that such restrictions are necessary according to the criteria

set forth in section 11-102-105 and the policies set forth in section 11-101-102, the banking board may adopt rules that restrict the total investments of a state bank under this subsection (9) to a percentage less than ten percent of the bank's total assets. Nothing in this subsection (9) shall authorize a state bank to contravene a lawful order of the banking board or commissioner with respect to investments by the state bank in real estate or corporations engaging in real estate activities. A state bank that intends to initiate a program of investments under the authority of this subsection (9) shall give sixty days' advance notice to the division of such intent; except that such notice may be waived in the banking board's discretion where such notice is impracticable or unnecessary. The state bank shall also notify the division within ten days after the commencement of the investment program. If similar notices are required by the bank's federal supervisory agency, the same form of notice may be used for purposes of notice under this subsection (9).

(10)  A state bank may invest in the securities of, or other interests in, any

open-end and closed-end management type investment company or investment trust registered under the federal Investment Company Act of 1940, 15 U.S.C. sec. 80a-1 et seq., if the portfolio of such investment company or investment trust is limited to United States government obligations that are backed by the full faith and credit of the United States government and to repurchase agreements fully collateralized by such obligations and if any such investment company or investment trust actually takes delivery of such collateral, either directly or through an authorized custodian.

Source: L. 2003: Entire article added with relocations, p. 1121, � 3, effective

July 1. L. 2010: (2) amended, (HB 10-1422), ch. 419, p. 2067, � 16, effective August 11.

Editor's note: This section is similar to former � 11-7-106 as it existed prior to

2003.

Cross references: The Federal Farm Loan Act, referenced in this section,

was repealed in 1971 by the Farm Credit Act of 1971, which also provided that references to the Farm Loan Act shall be deemed to refer to the comparable provisions of the Farm Credit Act of 1971, Pub.L. 92-181, codified at 12 U.S.C. � 2001 et seq.

C.R.S. § 11-109-902

11-109-902. Investments. (1) In addition to other investments expressly authorized by this article or the rules promulgated by the banking board, a trust company may purchase:

(a)  Obligations that satisfy the requirements of this article or the rules

promulgated by the banking board for loans for state banks;

(b)  Obligations of, or fully guaranteed by, the United States, a state of the

United States, or the Dominion of Canada;

(c)  Obligations of the international bank for reconstruction and

redevelopment;

(d)  Farm loan bonds issued by any federal land bank organized pursuant to

an act of congress approved July 17, 1916, entitled: An Act to provide capital for agricultural development, to create standard forms of investment based upon farm mortgages, to furnish a market for United States bonds, to create government depositories and financial agents for the United States, and for other purposes. and known as the Federal Farm Loan Act, and acts amendatory thereto. Such farm loan bonds shall be accepted as security for all public deposits and in all cases where bonds are required by law to be deposited with any department or public official of this state, but this section shall not be so construed as to prohibit such moneys or deposits from being invested in such other securities provided for by law.

(e)  General obligations of a territory of the United States, a province of the

Dominion of Canada, or a political subdivision or instrumentality of a state or territory of the United States;

(f)  Obligations of a corporation chartered by the United States or a state

thereof doing business in the United States; or an authority organized under state law, an interstate compact, or by substantially identical legislation adopted by two or more states if any of the foregoing under this paragraph (f) are approved by the banking board for investment;

(g)  Revenue obligations issued to provide, enlarge, or improve electric

power, gas, water and sewer facilities by any city or town having a population of not less than two thousand people at the time of the investment, located in any state in the United States or territories thereof;

(h)  Such other obligations as the general assembly has designated or may

from time to time designate as legal investments for public funds;

(i)  The capital stock of other corporations, including the stock of a

corporation regulated under the federal Investment Company Act of 1940, as amended, 15 U.S.C. section 80a-1 et seq., and the land or lands and building or buildings in which the business of the trust company is carried on, including its trust company offices, other property in the same building to rent as a source of income, and fixtures, and furniture, safe deposit vaults and boxes, and other personal property such as may be appropriate to carry on its business.

(2)  A trust company may, to the extent that banks subject to the laws of the

federal government are permitted so to do and to the extent permitted by the rules of the banking board, purchase shares of stock in small business investment companies organized under Public Law No. 85-699, 85th Congress, known as the Small Business Investment Act of 1958, as amended, but in no event shall any trust company hold shares in small business investment companies in an amount aggregating more than three percent of the trust company's capital and surplus.

(3)  No limitation or prohibition otherwise imposed by any provision of state

law relating to trust companies shall prevent a trust company from investing not more than ten percent of the trust company's capital as defined in the rules promulgated by the banking board in a bank service corporation as defined in 12 U.S.C. 1861 to 1865, inclusive, and as amended, subject to the rights, powers, and limitations contained therein, and such investment by trust companies is expressly authorized to the extent permitted by the rules of the banking board.

(4)  A trust company may acquire or retain an equity investment in a

subsidiary of which the trust company is the majority owner, so long as the subsidiary is engaged in activities that are allowed pursuant to this article.

(5)  Notwithstanding any restrictions upon investments in obligations,

powers, or activities contained in this article, a trust company may invest in any obligation, exercise such powers, and engage in such activities that such trust company could legally acquire, exercise, and engage in were it operating as a national bank at the time such investment was made, such powers were exercised, or such activities were engaged in, to the extent permitted by the rules promulgated by the banking board.

(6)  A trust company may invest an amount not exceeding ten percent of its

capital as defined in the rules promulgated by the banking board in the stock of any bank or bank holding company that provides services solely to depository institutions and their shareholders, directors, officers, and employees, wherein the ownership of stock of the bank or bank holding company, except for any stock required by law to be owned by directors of the bank or bank holding company, is restricted to banks, trust companies, or bank holding companies. The amount of stock owned by a trust company in any such bank or bank holding company shall not be in excess of five percent of the voting shares of such bank or bank holding company.

(7) (a)  A trust company may directly engage in activities that are primarily

investments in real estate or may acquire and hold the voting stock of one or more corporations the activities of which are primarily investments in real estate. Such activities may include subdividing and developing real property and building residential housing or commercial improvements on such property and may also include owning, renting, leasing, managing, operating for income, or selling such property. Such property shall be entered on the books at not more than cost or fair market value, whichever is less. The total of all investments made by a trust company pursuant to the authority of this subsection (7) shall not exceed ten percent of its capital.

(b)  Upon finding that such restrictions are necessary according to the criteria

set forth in section 11-101-102, the banking board may adopt rules that restrict the total investments of a trust company under this subsection (7) to a percentage less than ten percent of the trust company's capital. Nothing in this subsection (7) shall authorize a trust company to contravene a lawful order of the banking board or commissioner with respect to investments by the trust company in real estate or corporations engaging in real estate activities. A trust company that intends to initiate a program of investments under the authority of this subsection (7) shall give sixty days' advance notice to the division of banking of such intent; except that such notice may be waived in the banking board's discretion where such notice is impracticable or unnecessary. The trust company shall also notify the division within ten days after the commencement of the investment program. If similar notices are required by the trust company's federal supervisory agency, the same form of notice may be used for purposes of notice under this subsection (7).

Source: L. 2003: Entire article added with relocations, p. 1203, � 3, effective

July 1.

Editor's note: This section is similar to former � 11-23-110 as it existed prior to

2003.

Cross references: The Federal Farm Loan Act, referenced in this section,

was repealed in 1971 by the Farm Credit Act of 1971, which also provided that references to the Farm Loan Act shall be deemed to refer to the comparable provisions of the Farm Credit Act of 1971, Pub.L. 92-181, codified at 12 U.S.C. � 2001 et seq.

C.R.S. § 11-30-104

11-30-104. Powers. (1) A credit union has the following powers to:

(a)  Receive the savings of its members either as payment on shares or as

deposits, including the right to conduct Christmas clubs, vacation clubs, and other such thrift organizations or plans within the membership;

(b)  Make loans to its members;


(c)  Make loans to other credit unions as provided in this article;


(d)  Deposit in state and national financial institutions insured by an agency of

the federal government and to invest in the shares and deposits of the central credit union organized pursuant to this article;

(e)  Invest in any of the following: Obligations of the United States or

securities guaranteed or insured by any agency of the United States; obligations of any state or territory of the United States, or of any political subdivision or instrumentality thereof, except revenue obligations issued to provide, enlarge, or improve electric power, gas, water, or sewer facilities, or any combination thereof, issued by any city or town, or other similar municipal corporation having a population of less than five thousand persons, as determined by the latest federal decennial census; and, to an extent which shall not exceed ten percent of its shares, deposits, and undivided earnings, in shares of mutual funds or investment companies, stocks, bonds, or other securities of any corporation or religious or educational organizations, as may be approved as prudent and sound by the commissioner;

(f)  Borrow money as provided in section 11-30-115;


(g)  Apply for and hold membership in a central credit union organized

pursuant to this article, in any other central credit union authorized to transact business in this state, and in any organization or association of credit unions;

(h)  Acquire, through purchase or other lawful transactions, and to hold title

to real and personal property necessary and incidental to the operation of the credit union, and to sell, mortgage, or otherwise dispose of the same;

(i)  Exercise such incidental powers as shall be necessary to enable it to carry

on effectively the business for which it is incorporated;

(j)  Upon the written approval of the commissioner, engage in any activity in

which such credit union could engage were it operating under a federal charter at the time, provided such activity is not prohibited by the laws of this state;

(k)  Sell all or any portion of its assets and purchase all or any portion of the

assets of another credit union and assume the liabilities of the selling credit union and its field of membership, subject to the approval of the commissioner;

(l)  Allow shares and deposits to be paid for, transferred, and withdrawn for

payment to the account holder or to third parties in such manner and with such procedures as may be established by the board of directors. This paragraph (l) shall apply only with respect to share draft accounts in which the entire beneficial interest is held by one or more individuals or members or by an organization which is operated primarily for religious, philanthropic, charitable, educational, or other similar purposes and which is not operated for profit.

(m)  Make loans to, or permit the assumption of loans by, officers or

employees of the division who are members of the credit union;

(n)  Participate with other credit unions, credit union organizations, or

financial organizations in making loans to credit union members when the borrower is a member of either the credit union originating the loan or the credit union purchasing a participation interest in the loan;

(o)  Act as trustee or custodian of individual retirement accounts for the

credit union's members authorized by federal or state law or as trustee or custodian of any plan established pursuant to the federal Self-Employed Individuals Tax Retirement Act of 1962, as amended, or the federal Employee Retirement Income Security Act of 1974, as amended, if a significant portion of the participants in any such plan are eligible for membership in the credit union and the funds held in the trustee or custodial capacity are invested in the credit union's shares or deposits;

(p)  Act as fiscal agent for and receive payments on shares and deposits from

nonmember units of the federal government or the state of Colorado or any agency or political subdivision thereof;

(q)  Receive payment on deposits from nonmember financial institutions

which are supervised under the laws of this state, the United States, or another state or territory of the United States.

(2)  As authorized pursuant to section 10-2-601 (2), C.R.S., a credit union may,

pursuant to federal law or under such rules as may be adopted by the financial services board or the commissioner of insurance pursuant to section 10-2-601, C.R.S., act as the agent, through the credit union or any credit union service organization, for any insurance company authorized to do business in this state by soliciting and selling insurance and collecting premiums on policies issued by such company. For such services, a credit union or credit union service organization may receive such fees or commissions as may be agreed between such entity and the insurance company.

Source: L. 31: p. 297, � 4. CSA: C. 47, � 4. L. 41: p. 372, � 4. CRS 53: � 38-1-4.

C.R.S. 1963: � 38-1-4. L. 67: p. 316, � 3. L. 75: (1)(d) amended, p. 394, � 1, effective June 16; (1)(j) added, p. 374, � 3, effective June 26. L. 79: (1)(k) added, p. 415, � 1, effective July 1. L. 81: (1)(l) and (1)(m) added, p. 612, � 1, effective July 1. L. 83: (1)(k) amended and (1)(n) and (1)(o) added, p. 484, � 3, effective July 1. L. 84: (1)(d) and (1)(e) amended and (1)(p) and (1)(q) added, p. 373, � 3, effective July 1. L. 90: (1)(e), (1)(j), (1)(k), and (1)(m) amended, p. 1837, � 8, effective May 31. L. 96: (1)(q) amended, p. 185, � 2, effective April 8. L. 97: (2) added, p. 432, � 8, effective April 24. L. 2003: (1)(m) amended, p. 1207, � 7, effective July 1. L. 2004: (1)(m) and (1)(n) amended, p. 130, � 2, effective July 1.

Cross references: For the Self-Employed Individuals Tax Retirement Act of

1962, see Pub.L. 87-792, 76 Stat. 809; for the Employee Retirement Income Security Act of 1974, see Pub.L. 93-406, codified at 29 U.S.C. � 1001 et seq.

C.R.S. § 11-41-114

11-41-114. How funds invested. (1) A savings and loan association may invest any portion of its funds in any of the following:

(a)  Loans to its members, secured by first lien trust deeds or mortgages

upon improved real estate, and upon such plans of repayment, as provided in section 11-41-119, and in such other loans to its members as the commissioner may approve;

(b)  Bonds and other obligations of, or guaranteed as to interest and principal

by, the United States;

(c)  Bonds or debentures issued by any federal home loan bank in accordance

with the provisions of the Federal Home Loan Bank Act;

(d)  Consolidated federal home loan bank bonds or debentures issued by the

federal home loan bank administration in accordance with the provisions of the Federal Home Loan Bank Act;

(e)  Bonds or debentures issued by the federal deposit insurance corporation

or its successor in accordance with the provisions of Title IV of the National Housing Act, and any amendments thereto;

(f)  Insured shares of savings and loan associations to the extent that each

investment is insured by the federal deposit insurance corporation or its successor and uninsured shares of savings and loan associations but not to exceed ten thousand dollars in any one uninsured association, if such associations are incorporated under the laws of this state or the federal government and are doing business in this state and if such associations are functioning and operating without any restrictions imposed by order of the commissioner or federal home loan bank administration;

(g)  Bonds and legal registered warrants as are a direct obligation of the

state of Colorado or of any county, city and county, school district, or incorporated city or town therein which has continuously existed as a lawful corporation for a period of at least fifteen years prior to the date thereof and whose bonds have not been in default as to principal or interest for a period of five years prior to the purchase of the same by any savings and loan association;

(h)  Other investments, as approved by the commissioner, in which and to the

same extent that savings and loan associations, chartered in accordance with the provisions of the Home Owners' Loan Act of 1933, as amended, may invest;

(i) (I)  Capital stock, obligations, or other securities of any corporation, if such

corporation is engaged only in such businesses and activities as may be engaged in by corporations whose capital stock is a lawful investment for federal savings and loan associations under the laws, rules, and regulations applicable to all federal savings and loan associations similarly situated. The maximum total investment by any association in any such corporation or combination of corporations shall not exceed the maximum investment which federal savings and loan associations are permitted to maintain in capital stock, obligations, or other securities of similar corporations.

(II)  In addition to the maximum total investment provided in subparagraph (I)

of this paragraph (i), an association may invest an additional three percent of its assets in such corporation or combination of corporations solely for residential real estate development through joint ventures. Nothing in this subparagraph (II) shall authorize participation in such joint ventures conditioned upon utilization of any real property held, directly or indirectly, by such corporation. This subparagraph (II) shall not be construed to authorize such corporation or combination of corporations to invest in real property unless such investment is initiated through a joint venture.

(III)  An association organized under the laws of this state shall not acquire

the capital stock, obligations, or other securities of any corporation described in subsection (1)(i)(I) of this section until the corporation has filed in the office of the commissioner a statement agreeing to permit and pay all costs of any examinations or audits of the corporation by the commissioner that the commissioner deems necessary in order to confirm compliance with this subsection (1)(i).

(j)  Investments in real property and obligations secured by liens on real

property located within a geographic area or neighborhood receiving concentrated development assistance by a local government under Title I of the Housing and Community Development Act of 1974, as amended, but no investment in real property may exceed an aggregate investment of two percent of the assets of the association;

(k)  Loans as to which the association has the benefit of any guaranty under

Title IV of the Housing and Urban Development Act of 1968, as amended, or under part B of the National Urban Policy and New Community Development Act of 1970, as amended, or under section 802 of the Housing and Community Development Act of 1974, as amended, or of a commitment or agreement therefor;

(l)  Revenue obligations issued to provide, enlarge, or improve electric power,

gas, water, and sewer facilities by any city or town having a population of not less than two thousand people at the time of the investment located in any state in the United States and such investment shall be in accordance with the laws of this state.

(2)  In addition to the acceptance of deposit or share accounts, any

association may borrow money and negotiate for and receive such long-time or short-time loans evidenced by notes, bonds, debentures, or other securities as may be found necessary to advance the purposes of the association, subject to any limitations as to the total aggregate amount of such borrowings contained in the charter or articles of incorporation of the association or imposed by rules and regulations duly adopted by the commissioner. Except as limited by the terms of its charter or articles of incorporation or by duly adopted rules and regulations of the commissioner, an association may secure such borrowings by the mortgage, pledge, collateral assignment, or other hypothecation of its properties, including a trust or pool or mortgages or other encumbrance held by it. Without limiting the generality of the foregoing, an association may issue and sell securities guaranteed pursuant to section 306 (g) of the National Housing Act, as amended, and may secure such securities as permitted in this subsection (2) and may issue and sell any other guaranteed or unguaranteed securities of a type or kind which may be issued and sold by federal savings and loan associations and secure the same with the property of the association to the same extent as permitted for federal savings and loan associations.

(3)  Any association may invest in real estate or interests therein, including

buildings and related parking facilities, for use in the conduct of the business of the association or for the conduct of such business and for rental to others of excess space; but no such investment may be made without the prior approval in writing of the commissioner if the total amount of all of such investments made by the association exceeds the aggregate amount of the association's general reserves, undivided profits, and surplus. A permitted investment under the foregoing provision shall be deemed to include the ownership of stock of a wholly-owned subsidiary corporation having as its exclusive activity the ownership and management of such property or interests.

(4)  An association may loan an amount not exceeding three percent of the

association's assets in a manner not otherwise authorized by articles 40 to 47 of this title, on condition that such loans are related to real estate or housing.

(5)  An association may invest in real estate, real estate interests, and real

estate related enterprises for the purpose of producing income, for inventory and sale, improvement, or rental by direct purchase or otherwise. The maximum total investment by an association pursuant to this subsection (5) shall not exceed ten percent of its assets reduced by the amount invested by the association in real estate through service corporations pursuant to paragraph (i) of subsection (1) of this section. In connection with such investment, the association may exercise all rights of an owner.

Source: L. 33: p. 303, � 11(13). CSA: C. 25, � 14. L. 39: p. 240, �� 10, 11. L. 45: p.

238, � 1. CRS 53: � 122-2-14. L. 57: p. 650, � 1. L. 59: p. 664, � 6. C.R.S. 1963: � 122-2-14. L. 69: p. 1014, � 6. L. 71: pp. 1145, 1146, �� 2, 3. L. 72: p. 617, � 151. L. 77: (4) added, p. 570, � 3, effective July 1. L. 79: (1)(j), (1)(k), and (1)(l) added, p. 431, � 4, effective June 19. L. 83: (1)(i) amended, p. 495, � 1, effective May 25. L. 85: (5) added, p. 397, � 2, effective May 16. L. 2004: (1)(e) and (1)(f) amended, p. 149, � 54, effective July 1. L. 2020: (1)(k) amended, (HB 20-1402), ch. 216, p. 1044, � 18, effective June 30. L. 2024: IP(1) and (1)(i)(III) amended, (HB 24-1381), ch. 350, p. 2370, � 22, effective August 7.

Cross references: For other legal investments, see �� 32-4-544 and 32-11-810; for the Federal Home Loan Bank Act, see Pub.L. 72-304, codified at 12 U.S.C.

� 1421 et seq.; for the National Housing Act, see Pub.L. 73-479, codified at 12 U.S.C. � 1701 et seq.; for the Home Owners' Loan Act of 1933, see Pub.L. 73-43, codified at 12 U.S.C. � 1461 et seq.; for the Housing and Community Development Act of 1974, see Pub.L. 93-383, codified at 42 U.S.C. � 5301 et seq.; for the Housing and Urban Development Act of 1968, see Pub.L. 90-448; for the National Urban Policy and New Community Development Act of 1970, see Pub.L. 91-609, codified at 42 U.S.C. � 4501 et seq.

C.R.S. § 11-51-307

11-51-307. Exempt securities. (1) The following securities are exempted from sections 11-51-301 and 11-51-305:

(a)  Any security (including a revenue obligation) issued or guaranteed by the

United States, any state, any political subdivision of a state, or any agency or corporate or other instrumentality of one or more of any of them or any certificate of deposit for any of them;

(b)  Any security issued or guaranteed by Canada, any Canadian province, any

political subdivision of any such province, any agency or corporate or other instrumentality of one or more of any of them, or any other foreign government with which the United States currently maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer or guarantor;

(c)  Any security issued by and representing an interest in or a debt of, or

guaranteed by, any depository institution organized under the laws of the United States or any depository institution organized and supervised under the laws of any state;

(d)  Any security issued or guaranteed by any federal credit union or any

credit union, industrial loan association, or similar association organized and supervised under the laws of this state;

(e)  Any security issued or guaranteed by any railroad, other common carrier,

public utility, or holding company which is: Subject to the jurisdiction of the surface transportation board; a registered holding company under the federal Public Utility Holding Company Act of 1935 or a subsidiary of such a company within the meaning of that act; or regulated in respect of its issuance or guarantee of the security by a governmental authority of the United States, any state, Canada, or any Canadian province;

(f)  Any security listed or approved for listing upon notice of issuance on any

national securities exchange registered under the federal Securities Exchange Act of 1934, 15 U.S.C. sec. 78f, as amended, or any other security of the same issuer that is of a senior or substantially equal rank; any security called for by subscription rights or warrants so listed, designated, or approved; or any warrant or right to purchase or subscribe to any of them;

(g)  Any security which is issued by any person organized and operated not

for private profit but exclusively for religious, educational, benevolent, or charitable purposes or as a chamber of commerce or trade or professional association and which is offered or sold to a bona fide constituent or member of such organization or association, if no direct or indirect commission or remuneration is paid in connection with the offer or sale of such security except to a licensed broker-dealer; or any security which is issued by any cooperative association engaged in the sale or production of electricity and regulated by the public utilities commission of this state;

(h)  Any commercial paper which arises out of a current transaction or the

proceeds of which have been or are to be used for current transactions and which evidences an obligation to pay cash within nine months of the date of issuance, exclusive of days of grace, or any renewal of such paper which is likewise limited, or any guarantee of such paper or of any such renewal;

(i)  Any security issued in connection with an employee's stock purchase,

savings, pension, profit-sharing, or similar benefit plan; and

(j)  Any security issued by a cooperative association as defined in article 55 of

title 7, C.R.S.

(k)  Repealed.


(2)  Repealed.


Source: L. 90: Entire article R&RE, p. 715, � 1, effective July 1. L. 2001: (1)(e)

amended, p. 1267, � 7, effective June 5. L. 2008: (1)(f) amended, p. 21, � 10, effective August 5. L. 2018: (1)(k) and (2) repealed, (HB 18-1388), ch. 280, p. 1756, � 5, effective August 8.

Editor's note: This section is similar to former � 11-51-113 as it existed prior to

1990.

Cross references: For the Public Utility Holding Company Act of 1935, see

Pub.L. 74-333, codified at 15 U.S.C. � 79 et seq.

C.R.S. § 12-10-201

12-10-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1)  Commission means the real estate commission created in section 12-10-206.


(2)  Employing real estate broker or employing broker means a broker

who is shown in commission records as employing or engaging another broker.

(3)  Limited liability company shall have the same meaning as it is given in

section 7-80-102 (7).

(4)  Option dealer means any person, firm, partnership, limited liability

company, association, or corporation that, directly or indirectly, takes, obtains, or uses an option to purchase, exchange, rent, or lease real property or any interest therein with the intent or for the purpose of buying, selling, exchanging, renting, or leasing the real property or interest therein to another or others, whether or not the option is in that person's or its name and whether or not title to said property passes through the name of the person, firm, partnership, limited liability company, association, or corporation in connection with the purchase, sale, exchange, rental, or lease of the real property or interest therein.

(5)  Partnership includes, but is not limited to, a registered limited liability

partnership.

(6) (a)  Real estate broker or broker means any person, firm, partnership,

limited liability company, association, or corporation that, in consideration of compensation by fee, commission, salary, or anything of value or with the intention of receiving or collecting such compensation, engages in or offers or attempts to engage in, either directly or indirectly, by a continuing course of conduct or by any single act or transaction, any of the following acts:

(I)  Selling, exchanging, buying, renting, or leasing real estate, or interest

therein, or improvements affixed thereon;

(II)  Offering to sell, exchange, buy, rent, or lease real estate, or interest

therein, or improvements affixed thereon;

(III)  Selling or offering to sell or exchange an existing lease of real estate, or

interest therein, or improvements affixed thereon;

(IV)  Negotiating the purchase, sale, or exchange of real estate, or interest

therein, or improvements affixed thereon;

(V)  Listing, offering, attempting, or agreeing to list real estate, or interest

therein, or improvements affixed thereon for sale, exchange, rent, or lease;

(VI)  Auctioning or offering, attempting, or agreeing to auction real estate, or

interest therein, or improvements affixed thereon;

(VII)  Buying, selling, offering to buy or sell, or otherwise dealing in options on

real estate, or interest therein, or improvements affixed thereon, or acting as an option dealer;

(VIII)  Performing any of the foregoing acts as an employee of, or on behalf

of, the owner of real estate, or interest therein, or improvements affixed thereon at a salary or for a fee, commission, or other consideration;

(IX)  Negotiating or attempting or offering to negotiate the listing, sale,

purchase, exchange, or lease of a business or business opportunity or the goodwill thereof or any interest therein when the act or transaction involves, directly or indirectly, any change in the ownership or interest in real estate, or in a leasehold interest or estate, or in a business or business opportunity that owns an interest in real estate or in a leasehold unless the act is performed by any broker-dealer licensed under the provisions of article 51 of title 11 who is actually engaged generally in the business of offering, selling, purchasing, or trading in securities or any officer, partner, salesperson, employee, or other authorized representative or agent thereof; or

(X)  Soliciting a fee or valuable consideration from a prospective tenant for

furnishing information concerning the availability of real property, including apartment housing that may be leased or rented as a private dwelling, abode, or place of residence. Any person, firm, partnership, limited liability company, association, or corporation or any employee or authorized agent thereof engaged in the act of soliciting a fee or valuable consideration from any person other than a prospective tenant for furnishing information concerning the availability of real property, including apartment housing that may be leased or rented as a private dwelling, abode, or place of residence, is exempt from this definition of real estate broker or broker. This exemption applies only in respect to the furnishing of information concerning the availability of real property.

(b)  Real estate broker or broker does not apply to any of the following:


(I)  Any attorney-in-fact acting without compensation under a power of

attorney, duly executed by an owner of real estate, authorizing the consummation of a real estate transaction;

(II)  Any public official in the conduct of his or her official duties;


(III)  Any receiver, trustee, administrator, conservator, executor, or guardian

acting under proper authorization;

(IV)  Any person, firm, partnership, limited liability company, or association

acting personally or a corporation acting through its officers or regularly salaried employees, on behalf of that person or on its own behalf as principal in acquiring or in negotiating to acquire any interest in real estate;

(V)  An attorney-at-law in connection with his or her representation of clients

in the practice of law;

(VI)  Any person, firm, partnership, limited liability company, association, or

corporation, or any employee or authorized agent thereof, engaged in the act of negotiating, acquiring, purchasing, assigning, exchanging, selling, leasing, or dealing in oil and gas or other mineral leases or interests therein or other severed mineral or royalty interests in real property, including easements, rights-of-way, permits, licenses, and any other interests in real property for or on behalf of a third party, for the purpose of, or facilities related to, intrastate and interstate pipelines for oil, gas, and other petroleum products, flow lines, gas gathering systems, and natural gas storage and distribution;

(VII)  A natural person acting personally with respect to property owned or

leased by that person or a natural person who is a general partner of a partnership, a manager of a limited liability company, or an owner of twenty percent or more of such partnership or limited liability company, and authorized to sell or lease property owned by the partnership or limited liability company, except as provided in subsection (4) of this section;

(VIII)  A corporation with respect to property owned or leased by it, acting

through its officers or regularly salaried employees, when the acts are incidental and necessary in the ordinary course of the corporation's business activities of a non-real-estate nature (but only if the corporation is not engaged in the business of land transactions), except as provided in subsection (4) of this section. For the purposes of this subsection (6)(b)(VIII), the term officers or regularly salaried employees means persons regularly employed who derive not less than seventy-five percent of their compensation from the corporation in the form of salaries.

(IX)  A principal officer of any corporation with respect to property owned by

it when the property is located within the state of Colorado and when the principal officer is the owner of twenty percent or more of the outstanding stock of the corporation, except as provided in subsection (4) of this section, but this exemption does not include any corporation selling previously occupied one-family and two-family dwellings;

(X)  A sole proprietor, corporation, partnership, or limited liability company,

acting through its officers, partners, or regularly salaried employees, with respect to property owned or leased by the sole proprietor, corporation, partnership, or limited liability company on which has been or will be erected a commercial, industrial, or residential building that has not been previously occupied and where the consideration paid for the property includes the cost of the building, payable, less deposit or down payment, at the time of conveyance of the property and building;

(XI) (A)  A corporation, partnership, or limited liability company acting

through its officers, partners, managers, or regularly salaried employees receiving no additional compensation therefor, or its wholly owned subsidiary or officers, partners, managers, or regularly salaried employees thereof receiving no additional compensation, with respect to property located in Colorado that is owned or leased by the corporation, partnership, or limited liability company and on which has been or will be erected a shopping center, office building, or industrial park when such shopping center, office building, or industrial park is sold, leased, or otherwise offered for sale or lease in the ordinary course of the business of the corporation, partnership, limited liability company, or wholly owned subsidiary.

(B)  For the purposes of this subsection (6)(b)(XI): Shopping center means

land on which buildings are or will be constructed that are used for commercial and office purposes around or adjacent to which off-street parking is provided; office building means a building used primarily for office purposes; and industrial park means land on which buildings are or will be constructed for warehouse, research, manufacturing, processing, or fabrication purposes.

(XII)  A regularly salaried employee of an owner of an apartment building or

complex who acts as an on-site manager of such an apartment building or complex. This exemption applies only in respect to the customary duties of an on-site manager performed for his or her employer.

(XIII)  A regularly salaried employee of an owner of condominium units who

acts as an on-site manager of such units. For purposes of this subsection (6)(b)(XIII) only, the term owner includes a homeowners' association formed and acting pursuant to its recorded condominium declaration and bylaws. This exemption applies only in respect to the customary duties of an on-site manager performed for his or her employer.

(XIV)  A real estate broker licensed in another state who receives a share of a

commission or finder's fee on a cooperative transaction from a licensed Colorado real estate broker;

(XV)  A sole proprietor, corporation, partnership, or limited liability company,

acting through its officers, partners, or regularly salaried employees, with respect to property located in Colorado, where the purchaser of the property is in the business of developing land for residential, commercial, or industrial purposes;

(XVI)  Any person, firm, partnership, limited liability company, association, or

corporation, or any employee or authorized agent thereof, engaged in the act of negotiating, purchasing, assigning, exchanging, selling, leasing, or acquiring rights-of-way, permits, licenses, and any other interests in real property for, or on behalf, of a third party for the purpose of, or facilities related to:

(A)  Telecommunication lines;


(B)  Wireless communication facilities;


(C)  CATV;


(D)  Electric generation, transmission, and distribution lines;


(E)  Water diversion, collection, distribution, treatment, and storage or use;

and

(F)  Transportation, so long as the person, firm, partnership, limited liability

company, association, or corporation, including any employee or authorized agent thereof, does not represent any displaced person or entity as an agent thereof in the purchase, sale, or exchange of real estate, or an interest therein, resulting from residential or commercial relocations required under any transportation project, regardless of the source of public funding.

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

614, � 1, effective October 1.

Editor's note: This section is similar to former � 12-61-101 as it existed prior to

2019; except that � 12-61-101 (1.2) was relocated to � 12-10-101 (3).

C.R.S. § 12-10-403.5

12-10-403.5. Broker engagement contracts - residential premises - prohibited terms - definition. (1) As used in this section, unless the context otherwise requires, broker engagement contract means a written contract in which a seller, buyer, landlord, or tenant of a residential premises becomes the client of a broker or agrees to retain the services of a broker in the future and promises to pay the broker a valuable consideration or agrees that the broker may receive a valuable consideration from another person in exchange for the broker:

(a)  Producing a seller, buyer, tenant, or landlord ready, able, and willing to

sell, buy, or rent the residential premises; or

(b)  Performing other services.


(2)  A broker engagement contract must not:


(a)  Purport to be a covenant running with the land or to be binding on future

owners of interests in the real property;

(b)  Allow for assignment of the right to provide service without notice and

agreement of the owner of the residential premises; or

(c)  Purport to create a recordable lien, encumbrance, or other real property

security interest. Any such lien, encumbrance, or other real property security interest is void and unenforceable.

(3)  A person who offers to a consumer a broker engagement contract that

includes a provision in violation of subsection (2) of this section commits an unfair or deceptive trade practice, as provided in section 6-1-105 (1)(uuu).

(4)  This section does not apply to:


(a)  A home warranty service contract, as defined in section 12-10-901 (2)(a);


(b)  A building warranty or similar product that covers the cost of

maintenance of a major housing or building system, such as a plumbing or an electrical system, for a specific period of time after the date on which a house or building is sold;

(c)  An insurance contract;


(d)  An option to purchase, a put requirement to purchase, a right of first

offer, or a right of refusal;

(e)  A declaration created in the formation of a common interest community,

as defined in section 38-33.3-103 (8), or an amendment to the declaration;

(f)  A maintenance or repair agreement entered into by a unit owners'

association, as defined in section 38-33.3-103 (3);

(g)  A loan or a commitment to make or receive a loan, which loan or

commitment is secured by real estate;

(h)  A security agreement under the Uniform Commercial Code relating to

the sale or rental of personal property or fixtures;

(i)  Water, sewer, electrical, telephone, cable, or other regulated utility

service providers; or

(j)  A property management agreement by which the owner of real property

contracts with a party to provide management services for the maintenance, ownership, operation, or lease of a residential premises.

Source: L. 2023: Entire section added, (SB 23-077), ch. 50, p. 179, � 1,

effective August 7.

Cross references: For the Uniform Commercial Code, see title 4.

C.R.S. § 12-10-501

12-10-501. Definitions. As used in this part 5, unless the context otherwise requires:

(1)  Accredited investor has the same meaning as defined in the securities

and exchange commission's rule 501 of regulation D, 17 CFR 230.501 (a).

(1.5)  Commission means the real estate commission established under

section 12-10-206.

(2)  Developer means any person, as defined in section 2-4-401 (8), that

participates as owner, promoter, or sales agent in the promotion, sale, or lease of a subdivision or any part thereof.

(3) (a)  Subdivision means any real property divided into twenty or more

interests intended solely for residential use and offered for sale, lease, or transfer.

(b) (I)  The term subdivision also includes:


(A)  The conversion of an existing structure into a common interest

community, as defined in article 33.3 of title 38, of twenty or more residential units;

(B)  A group of twenty or more time shares intended for residential use; and


(C)  A group of twenty or more proprietary leases in a cooperative housing

corporation, as described in article 33.5 of title 38.

(II)  The term subdivision does not include:


(A)  The selling of memberships in campgrounds;


(B)  Bulk sales and transfers between developers;


(C)  Property upon which there has been or upon which there will be erected

residential buildings that have not been previously occupied and where the consideration paid for the property includes the cost of the buildings;

(D)  Lots that, at the time of closing of a sale or occupancy under a lease, are

situated on a street or road and street or road system improved to standards at least equal to streets and roads maintained by the county, city, or town in which the lots are located; have a feasible plan to provide potable water and sewage disposal; and have telephone and electricity facilities and systems adequate to serve the lots, which facilities and systems are installed and in place on the lots or in a street, road, or easement adjacent to the lots and which facilities and systems comply with applicable state, county, municipal, or other local laws, rules, and regulations; or any subdivision that has been or is required to be approved after September 1, 1972, by a regional, county, or municipal planning authority pursuant to article 28 of title 30 or article 23 of title 31;

(E)  Sales by public officials in the official conduct of their duties.


(4)  Time share means a time share estate, as defined in section 38-33-110

(5), or a time share use, but the term does not include group reservations made for convention purposes as a single transaction with a hotel, motel, or condominium owner or association. For the purposes of this subsection (4), time share use means a contractual or membership right of occupancy, that cannot be terminated at the will of the owner, for life or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or specific or nonspecific segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the property has been divided.

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

655, � 1, effective October 1. L. 2024: (1) amended and (1.5) added, (HB 24-1094), ch. 263, p. 1736, � 2, effective August 7.

Editor's note: This section is similar to former � 12-61-401 as it existed prior

to 2019.

Cross references: For additional definitions relating to this part 5, see � 38-30-150.

C.R.S. § 12-10-503

12-10-503. Application for registration. (1) Every person who is required to register as a developer under this part 5 shall submit to the commission an application that contains the information described in subsections (2) and (3) of this section. If the information is not submitted, the commission may deny the application for registration. If a developer is currently regulated in another state that has registration requirements substantially equivalent to the requirements of this part 5 or that provide substantially comparable protection to a purchaser, the commission may accept proof of the registration along with the developer's disclosure or equivalent statement from the other state in full or partial satisfaction of the information required by this section. In addition, the applicant shall be under a continuing obligation to notify the commission within ten days of any change in the information so submitted, and a failure to do so shall be a cause for disciplinary action.

(2) (a)  Registration information concerning the developer shall include:


(I)  The principal office of the applicant wherever situate;


(II)  The location of the principal office and the branch offices of the applicant

in this state;

(III)  The names and residence and business addresses of all natural persons

who have a twenty-four percent or greater financial or ultimate beneficial interest in the business of the developer, either directly or indirectly, as principal, manager, member, partner, officer, director, or stockholder, specifying each such person's capacity, title, and percentage of ownership. If no natural person has a twenty-four percent or greater financial or beneficial interest in the business of the developer, the information required in this subsection (2)(a)(III) shall be submitted regarding the natural person having the largest single financial or beneficial interest.

(IV)  The length of time and the locations where the applicant has been

engaged in the business of real estate sales or development;

(V)  Any felony of which the applicant has been convicted within the

preceding ten years. In determining whether a certificate of registration shall be issued to an applicant who has been convicted of a felony within such period of time, the commission shall be governed by the provisions of section 24-5-101.

(VI)  The states in which the applicant has had a license or registration similar

to the developer's registration in this state granted, refused, suspended, or revoked or is currently the subject of an investigation or charges that could result in refusal, suspension, or revocation;

(VII)  Whether the developer or any other person financially interested in the

business of the developer as principal, partner, officer, director, or stockholder has engaged in any activity that would constitute a violation of this part 5.

(b)  If the applicant is a corporate developer, a copy of the certificate of

authority to do business in this state or a certificate of incorporation issued by the secretary of state shall accompany the application.

(3)  Registration information concerning the subdivision shall include:


(a)  The location of each subdivision from which sales are intended to be

made;

(b)  The name of each subdivision and the trade, corporate, or partnership

name used by the developer;

(c)  Evidence or certification that each subdivision offered for sale or lease is

registered or will be registered in accordance with state or local requirements of the state in which each subdivision is located;

(d)  Copies of documents evidencing the title or other interest in the

subdivision;

(e)  If there is a blanket encumbrance upon the title of the subdivision or any

other ownership, leasehold, or contractual interest that could defeat all possessory or ownership rights of a purchaser, a copy of the instruments creating the liens, encumbrances, or interests, with dates as to the recording, along with documentary evidence that any beneficiary, mortgagee, or trustee of a deed of trust or any other holder of the ownership, leasehold, or contractual interest will release any lot or time share from the blanket encumbrance or has subordinated its interest in the subdivision to the interest of any purchaser or has established any other arrangement acceptable to the commission that protects the rights of the purchaser;

(f)  A statement that standard commission-approved forms will be used for

contracts of sale, notes, deeds, and other legal documents used to effectuate the sale or lease of the subdivision or any part thereof, unless the forms to be used were prepared by an attorney representing the developer;

(g)  A true statement by the developer that, in any conveyance by means of

an installment contract, the purchaser shall be advised to record the contract with the proper authorities in the jurisdiction in which the subdivision is located. In no event shall any developer specifically prohibit the recording of the installment contract.

(h)  A true statement by the developer of the provisions for and availability of

legal access, sewage disposal, and public utilities, including water, electricity, gas, and telephone facilities, in the subdivision offered for sale or lease, including whether such are to be a developer or purchaser expense;

(i)  A true statement as to whether or not a survey of each lot, site, or tract

offered for sale or lease from the subdivision has been made and whether survey monuments are in place;

(j)  A true statement by the developer as to whether or not a common interest

community is to be or has been created within the subdivision and whether or not the common interest community is or will be a small cooperative or small and limited expense planned community created pursuant to section 38-33.3-116;

(k)  A true statement by the developer concerning the existence of any

common interest community association, including whether the developer controls funds in the association.

(4)  The commission may disapprove the form of the documents submitted

pursuant to subsection (3)(f) of this section and may deny an application for registration until such time as the applicant submits the documents in a form that is satisfactory to the commission.

(5)  Each registration shall be accompanied by fees established pursuant to

section 12-10-215.

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

657, � 1, effective October 1.

Editor's note: This section is similar to former � 12-61-403 as it existed prior

to 2019.

C.R.S. § 12-10-901

12-10-901. Definitions. As used in this part 9, unless the context otherwise requires:

(1)  Gas-fueled appliance means a furnace, HVAC system, boiler, water

heater, oven, stove, or dryer that directly combusts a gaseous or liquid fuel to provide services within a home.

(2)  Heat pump means an electrical device that uses a refrigeration cycle to:


(a)  Heat the internal space of a structure by transferring thermal energy

from outside of the structure to inside the structure; or

(b)  Cool the internal space of a structure by transferring thermal energy

from the inside of the structure to the outside of the structure.

(3)  Home warranty service company or company means any person that

undertakes a contractual obligation on a new or preowned home through a home warranty service contract.

(4) (a)  Home warranty service contract means any contract or agreement

whereby a person undertakes for a predetermined fee, with respect to a specified period of time, to maintain, repair, or replace any or all of the following elements of a specified new or preowned home:

(I)  Structural components, such as the roof, foundation, basement, walls,

ceilings, or floors;

(II)  Utility systems, such as electrical, air conditioning, plumbing, HVAC, and

heating systems, including furnaces; and

(III)  Appliances, such as stoves, washers, dryers, and dishwashers.


(b)  Home warranty service contract does not include:


(I)  Any contract or agreement whereby a public utility undertakes for a

predetermined fee, with respect to a specified period of time, to repair or replace any or all of the elements of a specified new or preowned home as specified in subsection (4)(a)(II) or (4)(a)(III) of this section; or

(II)  A builder's warranty provided in connection with the sale of a new home.


(5)  HVAC system means a heating, ventilation, and air conditioning system.


(6)  Person includes an individual, company, corporation, association, agent,

and every other legal entity.

(7)  Preowned means any of the following that is occupied as a residence

and not owned by the builder-developer or first occupant:

(a)  A single-family residence;


(b)  A residential unit in a multiple-dwelling structure; or


(c)  A mobile home on a foundation.


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

715, � 1, effective October 1. L. 2023: Entire section amended, (HB 23-1134), ch. 43, p. 165, � 2, effective August 7.

Editor's note: This section is similar to former � 12-61-602 as it existed prior

to 2019.

Cross references: For the legislative declaration in HB 23-1134, see section 1

of chapter 43, Session Laws of Colorado 2023.

C.R.S. § 12-10-903

12-10-903. Contract requirements. (1) Every home warranty service contract shall contain the following information:

(a)  A specific listing of all items or elements excluded from coverage;


(b)  A specific listing of all other limitations in coverage, including the

exclusion of preexisting conditions if applicable;

(c)  The procedure that is required to be followed in order to obtain repairs or

replacements;

(d)  A statement as to the time period, following notification to the company,

within which the requested repairs will be made or replacements will be provided;

(e)  The specific duration of the home warranty service contract, including an

exact termination date that is not contingent upon an unspecified future closing date or other indefinite event;

(f)  A statement as to whether the home warranty service contract is

transferable;

(g)  A statement that actions under a home warranty service contract may be

covered by the provisions of the Colorado Consumer Protection Act or the Unfair Practices Act, articles 1 and 2 of title 6, and that a party to such a contract may have a right of civil action under those laws, including obtaining the recourse or penalties specified in those laws.

(2) (a)  A home warranty service contract issued or renewed in this state on or

after July 1, 2024, that provides coverage for the replacement of a gas-fueled appliance must include terms:

(I)  Allowing the homeowner the option to replace the gas-fueled appliance

with a similar device of the homeowner's choosing that operates on electricity rather than gas. A home warranty service contract may require a homeowner to pay any additional cost to replace a gas-fueled appliance with an appliance that has a cost that exceeds the cost of replacing the gas-fueled appliance with another gas-fueled appliance under the terms of the home warranty service contract; except that any additional cost to the homeowner for the replacement electric appliance, excluding any installation or other associated costs, must not exceed the retail cost of the replacement electric appliance minus the retail cost of a replacement gas-fueled appliance.

(II)  Providing that the home warranty service company is required to provide

a replacement appliance that satisfies the efficiency requirements set forth in article 7.5 of title 6 and any other state law.

(b) (I)  In the case of replacement of a gas-fueled furnace, HVAC system,

boiler, or water heater, a home warranty service contract must include terms that allow the homeowner to replace the furnace, HVAC system, boiler, or water heater with a heat pump-based system.

(II)  In the case of replacement of a gas-fueled stove, a home warranty

service contract must include terms that allow the homeowner to replace the gas-fueled stove with either an electric stove or an induction stove, at the homeowner's discretion.

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

716, � 1, effective October 1. L. 2023: (2) added, (HB 23-1134), ch. 43, p. 166, � 3, effective August 7.

Editor's note: This section is similar to former � 12-61-611.5 as it existed prior

to 2019.

Cross references: For the legislative declaration in HB 23-1134, see section 1

of chapter 43, Session Laws of Colorado 2023.

C.R.S. § 12-105-104

12-105-104. Definitions. As used in this article 105, unless the context otherwise requires:

(1)  Barber means a person who engages in any of the practices of

barbering.

(2)  Barbering means any one or combination of the following practices

when done upon the upper part of the human body for cosmetic purposes and not for the treatment of disease or physical or mental ailments and when done for payment either directly or indirectly or when done without payment for the public generally: Shaving or trimming the beard; cutting the hair; giving facial or scalp massage or treatment with oils, creams, or lotions, or other chemical preparations, either by hand or with mechanical appliances; dyeing the hair or applying hair tonic; applying cosmetic preparations, antiseptics, powders, oils, clays, or lotions to the scalp, face, neck, or shoulders.

(3)  Barber school means an establishment operated by a person for the

purpose of teaching barbering that is certified by the private occupational school division or the Colorado community college system, or is an accredited technical school that teaches barbering.

(4)  Barbershop or beauty salon means a fixed establishment, temporary

location, or place in which one or more persons engage in the practice of barbering or cosmetology. The term temporary location includes a motor home as defined in section 42-1-102 (57).

(5)  Beauty school means an establishment operated by a person for the

purpose of teaching cosmetologists, estheticians, hairstylists, and nail technicians that is certified by the private occupational school division or the Colorado community college system, or is an accredited technical school that teaches cosmetology.

(6)  Cosmetologist means a person who engages in any of the practices of

cosmetology.

(7)  Cosmetology means any one act or practice, or any combination of acts

or practices, not for the treatment of disease, physical illness, or a behavioral, mental health, or substance use disorder, when done for payment either directly or indirectly or when done without payment for the public generally, usually performed by and included in or known as the profession of beauty culturists, beauty operators, beauticians, estheticians, cosmetologists, or hairdressers or of any other person, partnership, corporation, or other legal entity holding itself out as practicing cosmetology by whatever designation and within the meaning of this article 105. In particular, cosmetology includes, but is not limited to, any one or a combination of the following acts or practices: Arranging, dressing, curling, waving, cleansing, cutting, singeing, bleaching, coloring, or similar work upon the hair of a person by any means and, with hands or a mechanical or electrical apparatus or appliance or by the use of cosmetic or chemical preparations; manicuring or pedicuring the nails of a person; giving facials, applying makeup, giving skin care, or applying eyelashes involving physical contact with a person; beautifying the face, neck, arms, bust, or torso of the human body by use of cosmetic preparations, antiseptics, tonics, lotions, or creams; massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of the human body with the use of antiseptics, tonics, lotions, or creams; removing superfluous hair from the body of a person by the use of depilatories or waxing or by the use of tweezers; and the trimming of the beard.

(8)  Esthetician means any person who engages in any one or more of the

following practices not for the treatment of disease or physical ailments:

(a)  Giving facials, applying makeup, giving skin care, or applying eyelashes,

involving physical contact, to any person;

(b)  Beautifying the face, neck, arms, bust, or torso of the human body by the

use of cosmetic preparations, antiseptics, tonics, lotions, or creams;

(c)  Massaging, cleaning, or stimulating the face, neck, arms, bust, or torso of

the human body by means of the hands, devices, apparatus, or appliances with the use of cosmetic preparations, antiseptics, tonics, lotions, or creams;

(d)  Removing superfluous hair from the body of any person by the use of

depilatories or waxing or by the use of tweezers.

(9)  Hairstyling means providing one or more of the following hair care

services not for the treatment of disease or physical or mental ailments upon the upper part of the human body for cosmetic purposes for payment either directly or indirectly, or when done without payment for the public generally:

(a)  Cleansing, massaging, or stimulating the scalp with oils, creams, lotions,

or other cosmetic or chemical preparations, using the hands or with manual, mechanical, or electrical implements or appliances;

(b)  Applying cosmetic or chemical preparations, antiseptics, powders, oils,

clays, or lotions to the scalp;

(c)  Cutting, arranging, applying hair extensions to, or styling the hair by any

means using the hands or with manual, mechanical, or electrical implements or appliances;

(d)  Cleansing, coloring, lightening, waving, or straightening the hair with

cosmetic or chemical preparations, using manual, mechanical, or electrical implements or appliances;

(e)  Trimming the beard.


(10)  Hairstylist means a person who engages in any of the practices of

hairstyling.

(11)  Manicuring means any one act or practice, or combination of acts or

practices, not for the treatment of disease or physical or mental ailments, when done for direct or indirect payment or when done without payment for the public generally. Manicuring includes, but is not limited to, the filing, buffing, polishing, cleansing, extending, protecting, wrapping, covering, building, pushing, or trimming of nails or any other similar work upon the nails of a person by any means, including the softening of the hands, arms, ankles, or feet of a person by use of hands, a mechanical or electrical apparatus or appliance, cosmetic or chemical preparations, antiseptics, lotions, or creams or by massaging, cleansing, stimulating, manipulating, or exercising the arms, hands, feet, or ankles of a person. Manicuring also includes waxing or the use of depilatories on the leg up to the knee and the waxing or the use of depilatories on the arm up to the elbow.

(12)  Nail technician means a person who engages in the limited practices of

cosmetology known as manicuring. Unless otherwise licensed under this article 105, a nail technician shall not engage in the practice of cosmetology, except manicuring.

(13)  Natural hair braiding means a service that results in tension on hair

strands or roots by twisting, wrapping, weaving, extending, locking, or braiding by hand or with a mechanical device, as long as the service does not include hair cutting or the application of dyes, reactive chemicals, or other preparations to alter the color of the hair or to straighten, curl, or alter the structure of the hair.

(14)  Owner includes any person who has a financial interest in a barbershop

or beauty salon or any other place of business entitling the person to participate in the promotion, management, or proceeds thereof. It does not include a person whose connection with the barbershop, beauty salon, or other place of business entitles the person only to reasonable salary or wages for services actually rendered. The owner of a place of business is the person responsible for registering the place of business with the director.

(15)  Place of business means a fixed establishment, temporary location, or

place, including any mobile barber shop or beauty salon, in which one or more persons engage in the practice of barbering, hairstyling, or cosmetology or practice as a nail technician or an esthetician. The term temporary location includes a motor home as defined in section 42-1-102 (57).

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

819, � 1, effective October 1.

Editor's note: This section is similar to former � 12-8-103 as it existed prior to

2019.

C.R.S. § 12-110-116

12-110-116. Repeal of article - subject to review. This article 110 is repealed, effective September 1, 2026. Before the repeal, the office and the commission are scheduled for review in accordance with section 24-34-104.

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

843, � 1, effective October 1.

Editor's note: This section is similar to former � 12-10-111 as it existed prior to

2019.

ARTICLE 115

Electricians

Editor's note: This title 12 was repealed and reenacted, with relocations, in

1. This article 115 was numbered as article 23 of this title 12 prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-table.pdf.

C.R.S. § 12-115-101

12-115-101. Legislative declaration. The general assembly hereby declares that the state electrical board shall be specifically involved in the testing and licensing of electricians and shall provide for inspections of electrical installations where local inspection authorities are not providing the service to the standards required by this article 115.

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

843, � 1, effective October 1.

Editor's note: This section is similar to former � 12-23-100.2 as it existed prior

to 2019.

C.R.S. § 12-115-103

12-115-103. Definitions. As used in this article 115, unless the context otherwise requires:

(1)  Apprentice means a person who is required to be registered as such

under section 12-115-115 (3)(a), who is in compliance with the provisions of this article 115, and who is working at the trade in the employment of a registered electrical contractor and is under the direct supervision of a licensed master electrician, journeyman electrician, or residential wireman.

(2)  Board means the state electrical board created in section 12-115-104.


(2.5)  Direct supervision means that the supervising licensed master

electrician, journeyman electrician, residential wireman, or photovoltaic installer is physically present at the same physical address where the apprentice is working.

(3)  Electric light, heat, and power means the standard types of electricity

that are regulated in accordance with the national electrical code, excluding chapter 8, communications systems.

(4)  Electrical contractor means any person, firm, copartnership,

corporation, association, or combination thereof that undertakes or offers to undertake for another the planning, laying out, supervising, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power. A licensed professional engineer who plans or designs electrical installation shall not be classed as an electrical contractor.

(5)  Electrical work means wiring for, installing, and repairing electrical

apparatus and equipment for electric light, heat, and power.

(6)  Journeyman electrician means a person having the necessary

qualifications, training, experience, and technical knowledge to wire for, install, and repair electrical apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work.

(7)  Master electrician means a person having the necessary qualifications,

training, experience, and technical knowledge to properly plan, lay out, and supervise the installation and repair of wiring apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work, such as the national electrical code.

(7.5)  NABCEP means the North American Board of Certified Energy

Practitioners.

(7.7)  NABCEP PV installation professional means an individual who is

certified by the NABCEP to install photovoltaic systems.

(8)  National electrical code means the code for the safe installation of

electrical wiring and equipment, as amended, published by the National Fire Protection Association and approved by the American National Standards Institute, or successor organizations.

(9)  Permanent state highway tunnel facilities means all permanent state

highway tunnels, shafts, ventilation systems, and structures and includes all structures, materials, and equipment appurtenant to the facilities. The term includes all electrical equipment, materials, and systems to be constructed, furnished, and installed as part of the final construction features specified by the applicable contract plans and specifications or by the national electrical code. For the purposes of this article 115 and article 20 of title 34, permanent state highway tunnel facilities shall be deemed to be mines during the construction of the facilities.

(9.3)  Photovoltaic installer has the meaning set forth in section 40-2-128

(2)(a.5).

(9.5)  PV installation training means training concerning photovoltaic

systems installation practices described in the PV Installation Professional Job Task Analysis document published by the NABCEP.

(10)  Qualified state institution of higher education means:


(a)  One of the state institutions of higher education established under,

specified in, and located upon the campuses described in sections 23-20-101 (1)(a) and 23-31-101, limited to the buildings owned or leased by those institutions on the campuses;

(b)  The institution whose campus is established under and specified in

section 23-20-101 (1)(b), but limited to the buildings located in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475 Lawrence street; and

(c)  The institution whose campus is established under and specified in

section 23-20-101 (1)(d), but limited to current and future buildings owned, leased, or built on land owned on or before January 1, 2015, by the university of Colorado on the campus described in section 23-20-101 (1)(d).

(11)  Residential wireman means a person having the necessary

qualifications, training, experience, and technical knowledge to wire for, and install, electrical apparatus and equipment for wiring one-, two-, three-, and four-family dwellings.

(12)  Supervision means the management of a project to ensure that work

on the project is done correctly and according to the law.

(13)  Tiny home has the meaning set forth in section 24-32-3302 (35).


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

843, � 1, effective October 1; (2.5) and (12) added and (3) amended, (SB 19-156), ch. 346, p. 3203, � 10, effective October 1. L. 2022: (13) added, (HB 22-1242), ch. 172, p. 1136, � 27, effective August 10. L. 2025: (2.5) and (3) amended and (7.5), (7.7), (9.3), and (9.5) added, (SB 25-165), ch. 370, p. 1996, � 1, effective August 6.

Editor's note: (1)  This section is similar to former � 12-23-101 as it existed

prior to 2019.

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

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

C.R.S. § 12-115-104

12-115-104. State electrical board. (1) There is hereby established a state electrical board, which consists of nine members appointed by the governor, with the consent of the senate, who must be residents of the state of Colorado. The governor shall strongly consider appointing an electrician who works primarily in the residential sector to at least one of the four seats allotted to master or journeyman electricians pursuant to subsection (1)(a) or (1)(b) of this section. The qualifications of the members are as follows:

(a)  Two members shall be electrical contractors who have masters' licenses;


(b)  Two members shall be master or journeymen electricians who are not

electrical contractors;

(c)  One member shall be a representative of private, municipal, or

cooperative electric utilities rendering electric service to the ultimate public;

(d)  One member shall be a building official from a political subdivision of the

state performing electrical inspections;

(e)  One member shall be a general contractor actively engaged in the

building industry; and

(f)  Two members shall be appointed from the public at large.


(2)  All members of the board shall serve for three-year terms and all

appointees shall be limited to two full terms each. Any vacancy occurring in the membership of the board shall be filled by the governor by appointment for the unexpired term of the member. The governor may remove any member of the board for misconduct, incompetence, or neglect of duty.

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

845, � 1, effective October 1; IP(1) amended, (SB 19-156), ch. 346, p. 3203, � 11, effective October 1.

Editor's note: (1)  This section is similar to former � 12-23-102 as it existed

prior to 2019.

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

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

C.R.S. § 12-115-105

12-115-105. Repeal of article - subject to review. This article 115 is repealed, effective September 1, 2032. Before the repeal, the state electrical board, including provisions relating to qualified state institutions of higher education, is scheduled for review in accordance with section 24-34-104.

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

845, � 1, effective October 1; entire section amended, (SB 19-156), ch. 346, p. 3204, � 12, effective October 1.

Editor's note: (1)  This section is similar to former � 12-23-102.5 as it existed

prior to 2019.

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

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

C.R.S. § 12-115-106

12-115-106. Board under department of regulatory agencies. The state electrical board is a type 1 entity, as defined in section 24-1-105. The state electrical board exercises its powers and performs its duties and functions under the department and is allocated to the division.

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

846, � 1, effective October 1. L. 2022: Entire section amended, (SB 22-162), ch. 469, p. 3393, � 118, effective August 10.

Editor's note: This section is similar to former � 12-23-103 as it existed prior

to 2019.

Cross references: For the short title (the Debbie Haskins 'Administrative

Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

C.R.S. § 12-115-107

12-115-107. Board powers and duties - rules - definitions. (1) (a) The board, annually in the month of July, shall elect from its membership a chair and vice-chair. The board shall meet at least annually and at such other times as it deems necessary.

(b)  A majority of the board shall constitute a quorum for the transaction of

all business.

(2)  In addition to all other powers and duties conferred or imposed upon the

board by this article 115, the board is authorized to:

(a) (I)  Adopt, and from time to time revise, rules pursuant to section 12-20-204. In adopting the rules, the board shall be governed when appropriate by the

standards in the most current edition of the national electrical code or by any modifications to the standards made by the board after a hearing is held pursuant to the provisions of article 4 of title 24. These standards are adopted as the minimum standards governing the planning, laying out, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power in this state. A copy of the code shall be kept in the office of the board and open to public inspection. Nothing contained in this section prohibits any city, town, county, city and county, or qualified state institution of higher education from making and enforcing any such standards that are more stringent than the minimum standards adopted by the board, and any city, town, county, city and county, or qualified state institution of higher education that adopts more stringent standards shall furnish a copy thereof to the board. The standards adopted by the board shall be prima facie evidence of minimum approved methods of construction for safety to life and property. The affirmative vote of two-thirds of all appointed members of the board is required to set any standards that are different from those set forth in the national electrical code. If requested in writing, the board shall send a copy of newly adopted standards and rules to any interested party at least thirty days before the implementation and enforcement of the standards or rules. The copies may be furnished for a fee established pursuant to section 12-20-105.

(II)  In the event of a conflict between the 2021 international energy

conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code developed by the energy code board pursuant to section 24-38.5-401 (5), or any energy codes adopted by either a local government or divisions in the executive branch of state government and the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a), the national electrical code or the standards adopted by the board pursuant to this subsection (2)(a) prevail.

(b)  Register apprentices and register and renew the registration of qualified

electrical contractors and examine, license, and renew licenses of journeymen electricians, master electricians, and residential wiremen as provided in this article 115;

(c)  Cause the prosecution and enjoinder, in accordance with section 12-20-406, of all persons violating this article 115 and incur necessary expenses therefor;


(d)  Inspect and approve or disapprove the installation of electrical wiring,

renewable energy systems, apparatus, or equipment for electric light, heat, and power according to the minimum standards in the national electrical code or as prescribed in this article 115. With respect to:

(I)  An inverter-based hydroelectric energy facility generating one hundred

kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, an inspector shall inspect a hydroelectric energy installation in accordance with the minimum standards set forth in the edition of the national electrical code in effect on May 29, 2015; however, if a micro hydro assembly manufactured for the purpose of generating electricity in a micro hydro system uses an inverter that is listed and identified for interconnection service, the inspector shall deem the system's equipment compliant with section 705.4 of the edition of the national electrical code in effect on May 29, 2015. For purposes of this subsection (2)(d), a micro hydro system means a hydroelectric generation system that generates one hundred kilowatts or less.

(II)  An induction-based hydroelectric energy facility generating one hundred

kilowatts or less, regardless of whether the facility is connected to utility or other distribution lines, the installation of a hydroelectric energy turbine, induction generator, and control panel shall be certified:

(A)  To a listing standard by a field evaluation body or nationally recognized

testing laboratory; or

(B)  By a professional engineer, by means of signing and stamping

documentation of the project, as required in a form and manner determined by the board, indicating that the installation meets design criteria set forth in the Institute of Electrical and Electronics Engineers' (IEEE) standard for interconnecting distributed resources with electric power systems.

(e)  Apply any hydroelectric energy provisions of an updated national

electrical code, notwithstanding any provision in subsection (2)(d) of this section to the contrary, if the national electrical code is updated to address hydroelectric energy specifically;

(f) (I)  Regulate a licensed master electrician, journeyman electrician,

residential wireman, or photovoltaic installer who, acting within their scope of competence, supervises a solar photovoltaic installation pursuant to section 40-2-128.

(II)   All photovoltaic electrical work for installations of at least three hundred

kilowatts, including the interconnection of the modules, grounding of the modules, any balance of system wiring, and the customer-side point of connection to the utility grid, must:

(A)  Be performed by a licensed master electrician, a licensed journeyman

electrician, a licensed residential wireman, or properly supervised electrical apprentices; and

(B)  Comply with all applicable requirements of this article 115, including

sections 12-115-109 and 12-115-115, and all applicable rules of the board.

(III)  Only an electrical contractor or a photovoltaic installer may perform or

offer to perform photovoltaic electrical work for installations of less than three hundred kilowatts.

(f.5)  Regulate photovoltaic electrical work for installations of less than three

hundred kilowatts performed in accordance with section 40-2-128;

(g)  Review and approve or disapprove requests for exceptions to the national

electrical code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens, as long as public safety is not compromised;

(h)  Conduct investigations and hearings and gather evidence in accordance

with the provisions of sections 12-20-403 and 24-4-105;

(i)  Enter into reciprocal licensing agreements with the electrical board, or its

equivalent, of another state or states where the qualifications for electrical licensing are substantially equivalent to licensure requirements in Colorado;

(j)  Find, upon holding a hearing, that an incorporated town or city, county,

city and county, or qualified state institution of higher education fails to meet the minimum requirements of this article 115 if the local inspection authority, including a qualified state institution of higher education, has failed to adopt or adhere to the minimum standards required by this article 115 within twelve months after the board has adopted the standards by rule pursuant to this subsection (2);

(k)  Issue an order to cease and desist from issuing permits or performing

inspections under this article 115 to an incorporated town or city, county, city and county, or qualified state institution of higher education upon finding that the public entity or qualified state institution of higher education fails to meet the minimum requirements of this article 115 pursuant to subsection (2)(j) of this section;

(l)  Apply to a court to enjoin an incorporated town or city, county, city and

county, or qualified state institution of higher education from violating an order issued pursuant to subsection (2)(k) of this section.

(3) (a)  No later than September 1, 2023, the board shall promulgate rules

requiring that, to obtain an electrical permit under this article 115 on or after March 1, 2024, a permit applicant must comply with the EV power transfer infrastructure requirements for multifamily buildings in the model electric ready and solar ready code.

(b) (I)  If the rules adopted in accordance with this subsection (3) conflict with

a provision of the building or zoning code, the rules prevail unless the provision provides for greater access to parking supplied by EV power transfer infrastructure than is required by the rules.

(II)  If a provision of a local building or zoning code prevents a project or

development from complying with the rules adopted in accordance with this subsection (3), then the rules prevail.

(c) (I)  This subsection (3) applies to electrical permits for new construction of

or for major renovations of multifamily buildings that must comply with the EV power transfer infrastructure requirements of the model electric ready and solar ready code.

(II)  The board and the department shall not enforce the rules promulgated

under subsection (3)(a) of this section before March 1, 2024.

(III)  If an electrical permit application is submitted to a local electrical

inspection authority before the enforcement date in subsection (3)(c)(II) of this section but an electrical permit has not yet been issued, the local electrical inspection authority may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.

(IV)  If a site development plan application is submitted to a local government

and has been approved by March 1, 2024, the local government may determine how to apply the requirements of the rules developed in accordance with subsection (3)(a) of this section.

(d) (I)  In promulgating the rules required under subsection (3)(a) of this

section, the board shall ensure all requirements adopted in the rules are in compliance with the requirements of the national electrical code, as amended under subsection (2)(a)(I) of this section.

(II)  Within ninety days after any update made by the energy code board to

the EV power transfer infrastructure requirements for multifamily housing in the model electric ready and solar ready code, the board shall update the rules promulgated under subsection (3)(a) of this section with the same changes. The board shall not enforce the updated rules until two hundred seventy days after the updated rules are adopted.

(III)  The rules promulgated under subsection (3)(a) of this section do not

supersede or preempt the safety requirements of other building codes, whether promulgated by an agency of the state of Colorado or of a local government.

(e)  Any installations or upgrades performed in accordance with the rules

promulgated under this subsection (3) on the load side of the utility meter must comply with this article 115, including subsection (2)(a) of this section, which requires compliance with the national electrical code, and sections 12-115-109 and 12-115-115, and all rules of the board.

(f)  For all electric vehicle infrastructure or charging stations owned by an

electric utility, the utility shall comply with section 40-5-107 (3)(b).

(g)  As used in this subsection (3) and in subsection (4) of this section:


(I)  Electric vehicle charging system has the meaning set forth in section

38-12-601 (6)(a).

(II)  EV power transfer infrastructure means any system that is used to

charge electric vehicles and that is addressed in or required by the model electric ready and solar ready code.

(III)  Major renovations means renovations that change a minimum of fifty

percent or more of the parking area.

(IV)  Model electric ready and solar ready code means the code developed

by the energy code board under section 24-38.5-401 (5)(a) to make buildings electric ready as specified in section 24-38.5-401 (5)(b).

(4) (a)  Notwithstanding any authority granted to the board by this section,

the board shall not promulgate rules prohibiting the installation of electric vehicle charging systems unless the rules are narrowly drafted to address a bona fide safety concern.

(b)  Any rule promulgated by the board that prohibits the installation of

electric vehicle charging systems is subject to judicial review as authorized in article 4 of title 24.

(5) (a)  Notwithstanding any authority granted to the board by this section

and after rules are adopted by the state housing board pursuant to section 24-32-3304 (1)(h)(III), the board does not have jurisdiction over and the rules of the board do not apply to activity required to undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).

(b)  Electrical installations that connect these structures to external utility

sources and that are not considered actions to complete the installation of a factory-built structure as required by a registered installer must be completed by a licensed electrician under a registered electrical contractor.

(c)  The inspection and inspectors of these installations, other than those

authorized to be performed by a registered installer, are regulated in this article 115 and must be performed by licensed electrical inspectors.

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

846, � 1, effective October 1; (2)(f) amended, (HB 19-1003), ch. 360, p. 3339, � 4, effective October 1. L. 2022: (2)(a) amended, (HB 22-1362), ch. 301, p. 2178, � 2, effective June 2. L. 2023: (3) and (4) added, (HB 23-1233), ch. 245, p. 1317, � 2, effective May 23. L. 2025: (5) added, (SB 25-002), ch. 172, p. 713, � 3, effective May 8; (2)(f) amended (2)(f.5) added, (SB 25-165), ch. 370, p. 2000, � 5, effective August 6.

Editor's note: (1)  This section is similar to former � 12-23-104 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in HB 19-1003.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1003, chapter 360, Session Laws of Colorado 2019.

Cross references: For the legislative declaration in HB 23-1233, see section 1

of chapter 245, Session Laws of Colorado 2023. For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 12-115-109

12-115-109. Electrician must have license - control and supervision. (1) No person shall engage in or work at the business, trade, or calling of a journeyman electrician, master electrician, or residential wireman in this state until the person has received a license from the division upon written notice from the board or the program director, acting as the agent thereof, or a temporary permit from the board, the program director, or agent of the director.

(2)  A residential wireman shall not perform electrical work of a type that is

beyond the authorization of the license held.

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

849, � 1, effective October 1.

Editor's note: This section is similar to former � 12-23-105 as it existed prior

to 2019.

C.R.S. § 12-115-110

12-115-110. License requirements - rules - continuing education - photovoltaic installer registration - repeal. (1) Master electrician. (a) An applicant for a master electrician's license shall furnish written evidence that:

(I)  The applicant is a graduate electrical engineer of an accredited college or

university and has one year of practical electrical experience in the construction industry;

(II)  The applicant is a graduate of an electrical trade school or community

college and has at least four years of practical experience in electrical work; or

(III)  The applicant has had at least one year of practical experience in

planning, laying out, supervising, and installing wiring, apparatus, or equipment for electric light, heat, and power beyond the practical experience requirements for the journeyman's license.

(b)  Each applicant for a license as a master electrician must file an

application on forms prepared and furnished by the board, together with the application fee provided in section 12-115-117 (1). The board shall notify each applicant that the evidence submitted with the application is sufficient to qualify the applicant for licensure or that the evidence is insufficient and the application is rejected. If the application is rejected, the board shall set forth the reasons for the rejection in the notice to the applicant.

(2)  Journeyman electrician. (a)  An applicant for a journeyman electrician's

license shall furnish written evidence that the applicant has had the following:

(I)  Eight thousand hours over a period of at least four years' apprenticeship

in the electrical trade or eight thousand hours over a period of at least four years' practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power;

(II)  Two thousand hours over a period of at least two years of the applicant's

experience required by subsection (2)(a)(I) of this section has been in commercial, industrial, or substantially similar work; and

(III)   During the last eight years of the applicant's training, apprenticeship, or

practical experience in wiring for, installing, and repairing electrical apparatus and equipment for electric light, heat, and power, completion of at least two hundred eighty-eight hours of training in safety, the national electrical code and its applications, and any other training required by the board that is provided by an accredited college or university, an established industry training program, or any other provider whose training is conducted in compliance with rules adopted by the board, in collaboration with established industry training programs and industry representatives. The board may grant an applicant credit toward the training requirement in this subsection (2)(a)(III) for training that occurred before the last eight years of the applicant's training, apprenticeship, or practical experience if the applicant provides proof of completion of no less than four hours of additional training on the current or immediately previous edition of the national electrical code or the standards adopted by the board pursuant to section 12-115-107 (2)(a).

(b)  An applicant may substitute for required practical experience evidence of

academic training or practical experience in the electrical field, which is credited as follows:

(I)  If the applicant is a graduate electrical engineer of an accredited college

or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit.

(II)  If the applicant has academic training, including military training or PV

installation training, that does not qualify under subsection (2)(b)(I) of this section, the board may provide work experience credit for the training or for substantially similar training established by rule.

(c)  Any application for a license and notice to the applicant shall be made

and given as provided for in the case of a master electrician's license.

(3)  Residential wireman. (a)  An applicant for a residential wireman's license

shall furnish written evidence that the applicant has at least two years of accredited training or four thousand hours over a period of at least two years of practical experience in wiring one-, two-, three-, and four-family dwellings.

(b)  An applicant may substitute for required practical experience evidence of

academic training in the electrical field, which is credited as follows:

(I)  If the applicant is a graduate electrical engineer of an accredited college

or university or the graduate of a community college or trade school program approved by the board, the applicant shall receive one year of work experience credit.

(II)  If the applicant has academic training, including military training or PV

installation training, that is not sufficient to qualify under subsection (3)(b)(I) of this section, the board may provide work experience credit for the training according to a uniform ratio established by rule.

(c)  Any residential wireman's license issued under this section shall be

clearly marked as such across its face.

(4) (a)  The board shall provide for licensing examinations. Any examination

that is given for master electricians, journeymen electricians, and residential wiremen shall be subject to board approval. The board, or its designee, shall conduct and grade the examination and shall set the passing score to reflect a minimum level of competency. If it is determined that the applicant has passed the examination, the division, upon written notice from the board or the program director, acting as an agent thereof, and upon payment by the applicant of the fee provided in section 12-115-117, shall issue to the applicant a license that authorizes him or her to engage in the business, trade, or calling of a master electrician, journeyman electrician, or residential wireman.

(b)  All license and registration expiration and renewal schedules shall be in

accord with the provisions of section 12-20-202. Fees in regard to such renewals shall be those set forth in section 12-115-117.

(c)  Licenses issued pursuant to this article 115 are subject to the renewal,

expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 115 or section 12-20-202 (1).

(d) (I) (A)  Except as otherwise provided in subsection (4)(d)(I)(B) of this

section, on or after January 1, 2018, the department shall not renew or reinstate a license unless the applicant has completed twenty-four hours of continuing education since the date of issuance of the applicant's initial license or, if the applicant's license was renewed or reinstated, the most recent renewal or reinstatement.

(B)  Subsection (4)(d)(I)(A) of this section does not apply to the first renewal

or reinstatement of a license for which, as a condition of issuance, the applicant successfully completed a licensing examination pursuant to subsection (4)(a) of this section.

(II)  On or before April 1, 2017, the board, in collaboration with established

industry training programs and industry representatives, shall adopt rules establishing continuing education requirements and standards, which requirements and standards must include course work related to the national electrical code, including core competencies as determined by the board. A renewal or reinstatement license applicant shall furnish or cause to be furnished to the board, in a form and manner required by the board, documentation to demonstrate compliance with this subsection (4)(d)(II) and rules promulgated pursuant to this subsection (4)(d)(II). To ensure consumer protection, the board's rules may include audit standards for licensee compliance with continuing education requirements and requirements pertaining to the testing of licensees by the continuing education vendor.

(5) (a)  No person, firm, copartnership, association, or combination thereof

shall engage in the business of an electrical contractor without having first registered with the board. The board shall register the contractor upon payment of the fee as provided in section 12-115-117, presentation of evidence that the applicant has complied with the applicable workers' compensation and unemployment compensation laws of this state, and satisfaction of the requirements of subsection (5)(b) or (5)(c) of this section.

(b)  If either the owner or the part owner of any firm, copartnership,

corporation, association, or combination thereof has been issued a master electrician's license by the division and is in charge of the supervision of all electrical work performed by the contractor, upon written notice from the board or the program director, acting as the agent thereof, the division shall promptly, upon payment of the fee as provided in section 12-115-117, register the licensee as an electrical contractor.

(c)  If any person, firm, copartnership, corporation, association, or

combination thereof engages in the business of an electrical contractor and does not comply with subsection (5)(b) of this section, it shall employ at least one licensed master electrician, who shall be in charge of the supervision of all electrical work performed by the contractor.

(d)  No holder of a master's license shall be named as the master electrician,

under subsection (5)(b) or (5)(c) of this section, for more than one contractor, and a master name shall be actively engaged in a full-time capacity with that contracting company. The qualifying master license holder shall be required to notify the board within fifteen days after his or her termination as a qualifying master license holder. The master license holder is responsible for all electrical work performed by the electrical contracting company. Failure to comply with a notification may lead to discipline of the master license holder as provided in section 12-115-122.

(6) (a)  For the purposes of subsections (2)(a)(I) and (3)(a) of this section, in

addition to other means of earning practical experience, an applicant earns practical experience by working:

(I)  Two thousand hours as a NABCEP PV installation professional working for

or working as a photovoltaic installer;

(II)  Up to two thousand hours of practical experience working under the

supervision of a NABCEP PV installation professional working for or working as a photovoltaic installer, so long as the supervising NABCEP PV installation professional provides proof of the applicant's employment and an affidavit attesting that the applicant earned the hours working under the supervision of a NABCEP PV installation professional; or

(III)  Up to four thousand hours as a NABCEP PV installation professional

working for or working as a photovoltaic installer if the applicant submits additional documentation to the board, including payroll records, work orders, project descriptions, or other relevant materials that document significant solar industry work that qualifies as electrical hours. The board shall review the documentation and determine how many hours of practical experience the applicant earns beyond the two thousand hours permitted by subsection (6)(a)(I) of this section.

(b)  For every two hours that an applicant works as described in subsection

(6)(a)(II) or (6)(a)(III) of this section, the applicant earns one hour for the purposes of subsection (2)(a)(I) or (3)(a) of this section.

(7) (a)  A contractor that is operating as of September 1, 2025, and that

performs work as a photovoltaic installer pursuant to section 40-2-128 with at least one NABCEP-certified employee shall register as a photovoltaic installer with the board on or before December 31, 2026; except that a contractor may register with the board during a sixty-day grace period in accordance with section 12-20-202 (1)(e).

(b)  A contractor registering as a photovoltaic installer pursuant to this

subsection (7) shall designate an agent or agents for the purpose of registration with the board.

(c)  If none of the agents designated pursuant to subsection (7)(b) of this

section are affiliated with the contractor:

(I)  The contractor's registration as a photovoltaic installer with the board is

invalid; and

(II)  The contractor's registration is ineligible for reinstatement.


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

849, � 1, effective October 1; (1)(b) amended, (SB 19-156), ch. 346, p. 3204, � 13, effective October 1. L. 2025: (2)(a), IP(2)(b), (2)(b)(II), (3)(a), IP(3)(b), and (3)(b)(II) amended and (6) and (7) added, (SB 25-165), ch. 370, p. 1997, � 2, effective August 6.

Editor's note: (1)  This section is similar to former � 12-23-106 as it existed

prior to 2019.

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

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

C.R.S. § 12-115-111

12-115-111. Credit for experience not subject to supervision of a licensed electrician. For all applicants seeking work experience credit toward licensure, the board may give credit for electrical work that is not required to be performed by or under the supervision of a licensed electrician if the applicant can show that the particular experience received or the supervision under which the work has been performed is adequate.

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

852, � 1, effective October 1. L. 2025: Entire section amended, (SB 25-165), ch. 370, p. 1999, � 3, effective August 6.

Editor's note: This section is similar to former � 12-23-106.5 as it existed prior

to 2019.

C.R.S. § 12-115-112

12-115-112. Unauthorized use of title. No person, firm, partnership, corporation, or association shall advertise in any manner or use the title or designation of master electrician, journeyman electrician, or residential wireman unless qualified and licensed under this article 115.

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

852, � 1, effective October 1.

Editor's note: This section is similar to former � 12-23-107 as it existed prior

to 2019.

C.R.S. § 12-115-113

12-115-113. License by endorsement or reciprocity - rules. (1) The board shall issue an electrical license by endorsement in this state to any person who is licensed to practice in another jurisdiction if the person presents proof satisfactory to the board that, at the time of application for a Colorado license by endorsement, the person possesses credentials and qualifications that are substantially equivalent to requirements in Colorado for licensure.

(2)  The board shall issue an electrical license by reciprocity where a

reciprocal agreement for an equivalent license exists, pursuant to section 12-115-107 (2)(i), between the board and the electrical board, or its equivalent, of the state or states where the applicant is licensed. The board shall strive to reduce barriers for Colorado licensees to be licensed by endorsement or through reciprocity in other states.

(3)  The board may specify by rule what shall constitute substantially

equivalent credentials and qualifications.

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

852, � 1, effective October 1.

Editor's note: This section is similar to former � 12-23-109 as it existed prior

to 2019.

C.R.S. § 12-115-114

12-115-114. Temporary permits - rules. The board or the program director or the director's agent, as provided in the rules promulgated by the board, shall issue temporary permits to engage in the work of a master electrician in cases where an electrical contractor no longer has the services of any master electrician as required under this article 115 and shall issue temporary permits to engage in the work of a journeyman electrician or residential wireman to any applicant who furnishes evidence satisfactory to the board that the applicant has the required experience to qualify for the examination provided in this article 115 and who pays the fee provided in section 12-115-117 for the permits. In addition, and in a similar manner, the board or the program director or the director's agent shall issue temporary permits to any applicant who furnishes evidence satisfactory to the board that the applicant qualifies for a master electrician's license and who pays the required fee. Temporary permits shall continue in effect for no more than thirty days after issuance and may be revoked by the board at any time.

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

853, � 1, effective October 1.

Editor's note: This section is similar to former � 12-23-110 as it existed prior

to 2019.

C.R.S. § 12-115-115

12-115-115. Apprentices - supervision - registration - data-sharing agreement - discipline - rules. (1) Any person may work as an apprentice but shall not do any electrical wiring for the installation of electrical apparatus or equipment for light, heat, or power except under the direct supervision of a licensed electrician. A licensed electrician shall not directly supervise more than three apprentices at a job site.

(2)  An electrical contractor, journeyman electrician, master electrician, or

residential wireman who is the employer or direct supervisor of any electrical apprentice working at the trade is responsible for the work performed by the apprentice. The board may take disciplinary action against the contractor, electrician, or residential wireman under section 12-115-122 for any improper work performed by an electrical apprentice working at the trade while employed by and under the direct supervision of that person. The registration of the apprentice may also be subject to disciplinary action under section 12-115-122.

(3) (a)  Upon employing an apprentice to work at the trade, the electrical

contractor, within thirty days after the initial employment, shall register the apprentice with the board. The employer shall also remove each apprentice that is no longer employed as an apprentice from the apprenticeship program and annually notify the board of the termination of the employment.

(b)  An apprentice must be under the direct supervision of a licensed

electrician as set forth in subsection (1) of this section.

(c)  By January 1 each year, an electrical contractor, an apprenticeship

program registered with the United States department of labor's office of apprenticeship, and a state apprenticeship agency recognized by the United States department of labor that employs an apprentice in this state shall report to the board the name and contact information of each apprentice in the apprenticeship program and the cumulative number of practical training hours and certified classroom hours each apprentice has completed toward the journeyman electrician licensure requirements specified in section 12-115-110. The board shall keep the information reported pursuant to this subsection (3)(c) confidential from all parties other than from the apprentice through the apprentice's individual registration account. The department of regulatory agencies shall, if existing resources are available or if the department receives gifts, grants, or donations pursuant to subsection (7) of this section, indicate whether the apprentice has completed the required practical training hours and classroom hours in the department of regulatory agency's online apprenticeship directory.

(3.5) [Editor's note: Subsection (3.5) is effective January 1, 2027.]

(a) (I) An electrical contractor shall not register with the board pursuant to subsection (3) of this section an apprentice who is in a construction industry apprenticeship program registered with the United States department of labor or a state apprenticeship agency recognized by the United States department of labor unless the apprentice is enrolled in an apprenticeship program training the apprentice for an occupation officially recognized by the United States department of labor as an electrical occupation, as defined by the United States department of labor, bureau of labor statistics, occupational employment and wage statistics occupation code 47.2111.

(II)  On or before July 1, 2027, the state apprenticeship agency and the

department, if existing resources are available or if the department receives sufficient gifts, grants, or donations pursuant to subsection (7) of this section, shall establish a data-sharing agreement to allow verification of eligibility for registration with the board pursuant to subsection (3.5)(a)(I) of this section.

(b) (I)  If the board determines that an apprentice is not in compliance with

subsection (3.5)(a) of this section, the board shall notify the electrical contractor that registered the apprentice with the board. Within thirty days after notification of noncompliance, the electrical contractor shall provide proof that the apprentice is eligible to be registered as an electrical apprentice with the board. If the board verifies within sixty days after notification of noncompliance that the apprentice is eligible to be registered as an electrical apprentice, the apprentice will remain registered with the board.

(II)  If the board cannot verify that an apprentice is eligible to be registered as

an electrical apprentice within sixty days after notice of noncompliance pursuant to subsection (3.5)(b)(I) of this section, the board shall remove the apprentice's registration with the board, and the noncompliant apprentice shall not perform work as an electrical apprentice in the state.

(III)  This subsection (3.5) does not apply to an electrical apprentice whose

training is provided directly by the electrical contractor or another electrical training program that is not an apprenticeship program registered with the United States department of labor or a state apprenticeship agency.

(4)  On and after January 1, 2021, contingent on the availability of existing

resources within the department or the receipt of gifts, grants, and donations pursuant to subsection (7) of this section:

(a) (I)  An apprentice who has been registered for at least six years, has

completed eight thousand hours of practical training, and meets all other journeyman electrician license requirements specified in section 12-115-110 shall take the journeyman electrician license examination at least every three years in alignment with the license renewal cycle until the apprentice receives a passing score.

(II)  If an apprentice has failed to pass the license examination in two

consecutive three-year periods, the apprentice may request an exemption from the board from future examination requirements. The board shall grant the exemption if the board determines that the apprentice has legitimate educational or professional circumstances that justify the exemption. The board shall promulgate rules concerning the process of requesting and approving license examination exemptions.

(b)  An apprentice who has been registered for at least six years and who

does not meet the journeyman electrician license requirements specified in section 12-115-110 shall take the journeyman electrician license examination at least once every three years in alignment with the license renewal cycle until the apprentice receives a passing score. Once the apprentice passes the license examination, the apprentice must meet all other journeyman electrician license requirements specified in section 12-115-110 before the board may issue a journeyman electrician license to the apprentice.

(5) (a)  If the cumulative training and classroom hours of an apprentice are

not reported as required by subsection (3)(c) of this section or if an apprentice fails to take the license examination as required by subsection (4) of this section, the board may suspend the apprentice's registration until the requirements are met.

(b)  If an apprentice who is required to take the license examination pursuant

to subsection (4) of this section has a learning disability, the apprentice, electrical contractor, or apprenticeship program may request that the board make accommodations for the apprentice to take the examination with the appropriate level of support.

(6)  Repealed.


(7)  The department may seek, accept, and expend gifts, grants, or donations

from private or public sources for the purposes of this section.

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

853, � 1, effective October 1; (1), (2), and (3)(b) amended, (SB 19-156), ch. 346, p. 3204, � 14, effective October 1. L. 2020: (3)(a) amended and (3)(c) and (4) to (7) added, (SB 20-120), ch. 244, p. 1171, � 1, effective September 14. L. 2023: (3)(c) amended, (SB 23-051), ch. 37, p. 144, � 16, effective March 23. L. 2025: (3.5) added, (HB 25-1284), ch. 403, p. 2301, � 1, effective January 1, 2027.

Editor's note: (1)  This section is similar to former � 12-23-110.5 as it existed

prior to 2019.

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

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

(3)  Subsection (6)(b) provided for the repeal of subsection (6), effective July

1, 2021. (See L. 2020, p. 1173.)

C.R.S. § 12-115-116

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

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

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

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

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

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

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

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

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

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

public.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(11)  Repealed.


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

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

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

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

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

to:

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

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

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

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

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

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

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


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

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

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

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

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

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

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

(1) of this section;

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

and

(C)  Antenna systems other than community antenna television systems

beyond the terminals of the controllers.

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

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

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

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

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

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

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

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

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

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

(16)  Nothing in this article 115 applies to:


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

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

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

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

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

requires licensure for that work.

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

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

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

prior to 2019.

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

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

C.R.S. § 12-115-117

12-115-117. Fees. (1) As established pursuant to section 12-20-105, fees shall be charged by the board for the following:

(a)  Master electrician's license or permit;


(b)  Renewal of master electrician's license;


(c)  Journeyman electrician's license or permit;


(d)  Renewal of journeyman electrician's license;


(e)  Examination for master electrician;


(f)  Examination for journeyman electrician;


(g)  Electrical contractor registration;


(h)  Renewal of electrical contractor registration;


(i)  Residential wireman's license or permit;


(j)  Renewal of residential wireman's license;


(k)  Examination for residential wireman;


(l)  Apprentice registration; and


(m)  Photovoltaic installer registration.


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

858, � 1, effective October 1. L. 2025: (1)(l) amended and (1)(m) added, (SB 25-165), ch. 370, p. 2001, � 6, effective August 6.

Editor's note: This section is similar to former � 12-23-112 as it existed prior

to 2019.

C.R.S. § 12-115-119

12-115-119. Inspectors - qualifications - enforcement of licensing and apprentice-supervision-ratio requirements - rules - legislative declaration - definitions. (1) (a) (I) The director of the division is hereby authorized to appoint or employ, with the power of removal, competent persons licensed under this article 115 as journeymen or master electricians as state electrical inspectors. The director is also authorized to appoint or employ, with the power of removal, for the purpose of inspecting one-, two-, three-, or four-family dwellings, competent persons with the following qualifications:

(A)  Persons who have passed the written residential wireman's examination

described in section 12-115-110.

(B)  Repealed.


(I.5)  For purposes of conducting compliance checks specified in subsection

(3) of this section, the director shall appoint or employ two individuals to conduct the compliance checks. The director may appoint or employ individuals who are licensed under this article 115 or may appoint or employ individuals who are not licensed under this article 115 but who demonstrate substantial prior work experience in the electrical or construction industry. Individuals appointed or employed pursuant to this subsection (1)(a)(I.5) shall limit their activities to conducting compliance checks of matters specified in said subsection (3).

(II)  State electrical inspectors and individuals performing compliance checks

pursuant to subsection (3) of this section may be employed either on a full-time or on a part-time basis as the circumstances in each case warrant; except that the director may contract with any electrical inspector regularly engaged as such and certify the electrical inspector to make inspections in a designated area at such compensation as fixed by the director. State electrical inspectors and individuals performing compliance checks pursuant to subsection (3) of this section have the right of ingress and egress to and from all public and private premises during reasonable working hours where this article 115 applies for the purpose of making electrical inspections, conducting compliance checks pursuant to subsection (3) of this section, or otherwise determining compliance with this article 115. In order to avoid conflicts of interest, a state electrical inspector hired under this section shall not inspect any electrical work in which the inspector has any financial or other personal interest and shall not engage in the electrical business by contracting, supplying material, or performing electrical work.

(b)  Any employee of a private, municipal, or cooperative electric utility

rendering service to the ultimate public shall be prohibited from employment as an electrical inspector only when in the performance of any electrical work as defined in this article 115. Electrical inspectors performing electrical inspections who are employed by any city, town, county, city and county, or qualified state institution of higher education shall possess the same qualifications required of state electrical inspectors under this section; shall be registered with the board prior to the assumption of their duties; shall not inspect any electrical work in which the inspector has any financial or other personal interest; and shall not be engaged, within the jurisdiction employing the inspector, in the electrical business by contracting, supplying material, or performing electrical work as defined in this article 115. Additionally, electrical inspectors performing electrical inspections who are employed by a qualified state institution of higher education shall possess an active journeyman or master electrician license. A supervisor overseeing the work of an electrical inspector who is employed by a qualified state institution of higher education shall not direct the electrical inspector to violate any provision of this article 115. An electrical inspector employed by a qualified state institution of higher education shall not be coerced by a supervisor when filing a complaint with the board or when the electrical inspector disapproves an electrical installation that violates the provisions of this article 115.

(c)  Nothing in this article 115 shall be construed to limit any inspector from

qualifying as an inspector in other construction specialties.

(2) (a)  State electrical inspectors appointed or employed pursuant to

subsection (1) of this section may:

(I)  Conduct inspections and investigations pursuant to section 12-115-122 (2)

on behalf of the program director; and

(II)  Provide service of process for a citation served pursuant to section 12-115-122 (4)(b) in compliance with rule 4 of the Colorado rules of civil procedure.


(b)  Individuals appointed or employed pursuant to subsection (1)(a)(I.5) of this

section who are not licensed master or journeyman electricians but who demonstrate substantial prior work experience in the electrical or construction industry may conduct compliance checks pursuant to subsection (3) of this section.

(3) (a)  The general assembly finds and declares that it is a matter of

statewide concern to protect public safety and health by ensuring that individuals who perform electrical work have the skills necessary to perform the work. The general assembly therefore determines that board enforcement of the licensing requirements in this article 115 and the limits on the number of apprentices a licensed electrician is permitted to supervise specified in section 12-115-115 (1) is essential to protect public safety and health.

(b)  The board shall direct individuals appointed or employed pursuant to

subsection (1)(a)(I.5) of this section to:

(I)  Conduct compliance checks to ensure compliance with the licensing and

supervisor-to-apprentice ratio requirements specified in this article 115 on projects throughout the state where electrical work is being performed, regardless of whether the permit for the electrical work was issued by the board, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education; and

(II)  Prioritize for compliance checks projects that provide or will provide

critical services to residents of the state.

(c)  To ensure compliance with the licensing and supervisor-to-apprentice

ratio requirements pursuant to subsection (3)(b)(I) of this section, individuals appointed or employed pursuant to subsection (1)(a)(I.5) of this section shall conduct compliance checks at projects throughout the state where electrical work is being performed to ensure that:

(I)  The individual performing the electrical work is licensed as a master

electrician, journeyman electrician, or residential wireman or is a registered apprentice being directly supervised by a licensed master electrician, journeyman electrician, or residential wireman; and

(II)  A master electrician, journeyman electrician, or residential wireman is

complying with the limit on the number of apprentices the electrician may supervise per job site specified in section 12-115-115 (1).

(d)  Nothing in this subsection (3) affects the ability of a local government to

permit or inspect electrical work in accordance with section 12-115-120 (1).

(e)  As used in this subsection (3):


(I)  Local government means an incorporated town or city, a county, or a city

and county.

(II)  Project that provides or will provide critical services means a project

involving the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including:

(A)  A public building;


(B)  A public school or institution of higher education;


(C)  An airport;


(D)  A train station or public transit station;


(E)  A hospital, nursing facility, assisted living residence, or other health-care

facility required to be licensed or certified by the department of public health and environment under title 25;

(F)  A renewable energy installation or a project of a utility regulated by the

public utilities commission pursuant to title 40; and

(G)  Any other commercial or multifamily residential public project specified

by the board by rule.

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

858, � 1, effective October 1. L. 2022: (1)(a)(I.5) and (3) added and (1)(a)(II) and (2) amended, (HB 22-1346), ch. 483, p. 3506, � 1, effective January 1, 2023.

Editor's note: (1)  This section is similar to former � 12-23-115 as it existed

prior to 2019.

(2)  Subsection (1)(a)(I)(B) provided for the repeal of subsection (1)(a)(I)(B),

effective January 1, 2023. (See L. 2019, p. 858.)

C.R.S. § 12-115-120

12-115-120. Inspection - electrical permits - application - standard - definition. (1) (a) (I) An individual required to have electrical inspection under this article 115 shall apply to the board for an electrical permit, referred to within this section as a permit, except where an incorporated town or city, county, city and county, or qualified state institution of higher education has a building department that meets the minimum standards of this article 115 and that processes applications for building permits and inspections, in which case the individual shall apply to the building department.

(II)  A qualified state institution of higher education with a building

department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution. Each inspection must include a contemporaneous review to ensure that the requirements of this article 115, and specifically section 12-115-115, have been met.

(III) (A)  Only a qualified applicant may apply for a permit. A licensed master

electrician who is not a registered electrical contractor and who is operating as an independent contractor for another business shall not apply for a permit.

(B)  Before issuing a permit pursuant to this subsection (1), the board or, if

applicable, the building department of an incorporated town or city, county, city and county, or qualified state institution of higher education shall verify that the permit applicant is a qualified applicant.

(C)  The entity issuing the permit may use the permit application process to

verify compliance with this subsection (1).

(b)  Upon final inspection and approval by the state electrical inspector,

notice shall be issued by the board to the utility, and the office of the board shall retain one copy of the record of approval.

(c)  A utility shall not provide service to any person required to have electrical

inspection under this article 115 without proof of final approval as provided in subsection (1)(b) of this section; except that the utility shall provide service:

(I)  In those situations determined by the local electrical inspection authority,

or by the board, whichever has jurisdiction, to be emergency situations for a maximum period of seven days or until the inspection has been made; or

(II)  If the board or local electrical inspection authority has approved a tiny

home connection for electric utility service in accordance with section 24-32-3329.

(2) (a)  The owner of an electrical installation in any new construction, other

than manufactured units certified by the division of housing pursuant to section 24-32-3311 or a tiny home manufactured to the standards of section 24-32-3328 (1), or remodeling or repair of an existing construction, except in any incorporated town or city, county, city and county, or qualified state institution of higher education having its own electrical code and inspection program equal to the minimum standards as are provided in this article 115, shall have the electrical portion of the installation, remodeling, or repair inspected by a state electrical inspector. A qualified state institution of higher education with a building department that meets or exceeds the minimum standards adopted by the board under this article 115 shall process applications for permits and inspections only from the institution and from contractors working for the benefit of the institution and shall conduct inspections only of work performed for the benefit of the institution.

(b)  A state electrical inspector shall inspect any new construction,

remodeling, or repair subject to this subsection (2) within three working days after the receipt of the application for inspection. Prior to the commencement of any electrical installation, the person making the installation, who must be a qualified applicant, shall apply for a permit and pay the required permit fee.

(c)  A manufactured home, mobile home, tiny home, or movable structure

owner shall have the electrical installation for the manufactured home, mobile home, tiny home, or movable structure inspected prior to obtaining electric service. An inspection of a tiny home performed in accordance with section 24-32-3329 complies with this subsection (2)(c).

(3) (a)  A state electrical inspector shall inspect the work performed, and, if

the work meets the minimum standards set forth in the national electrical code referred to in section 12-115-107 (2)(a), the inspector shall issue a certificate of approval.

(b) (I)  If the installation is disapproved, the inspector shall give written notice

of the disapproval and of the reasons for the disapproval to the qualified applicant. If the installation is hazardous to life or property, the inspector disapproving it may order the electrical service to the installation discontinued until the installation is rendered safe and shall send a copy of the notice of disapproval and order for discontinuance of service to the supplier of electricity. The qualified applicant may appeal the disapproval to the board, and the board shall grant a hearing within seven days after notice of appeal is filed with the board.

(II)  After removing the cause of the disapproval, the qualified applicant shall

apply for reinspection in the same manner as for the original inspection and pay the required reinspection fee.

(4)  The person or inspector making an application, certificate of approval, or

notice of disapproval shall include the name of the property owner, if known; the location and a brief description of the installation; the name of the electrical contractor and state registration number; the state electrical inspector; and the fee charged for the permit. The notice of disapproval and corrective actions to be taken shall be submitted to the board, and a copy of the notice shall be submitted to the electrical contractor within two working days after the date of inspection. The inspector shall post a copy of the notice at the installation site. The board shall furnish the forms. A copy of each application, certificate, and notice made or issued shall be filed with the board.

(5)  Nothing in this section shall be construed to require any utility as defined

in this article 115 to collect or enforce collection or in any way handle the payment of any fee connected with the application.

(6) (a)  All permits issued by the board are valid for a period of twelve months,

and the board shall cancel the permit and remove it from its files at the end of the twelve-month period, except in the following circumstances:

(I)  If a qualified applicant demonstrates at the time of application for a

permit that the electrical work is substantial and is likely to take longer than twelve months, the board may issue a permit to be valid for a period longer than twelve months, but not exceeding three years.

(II)  If the qualified applicant notifies the board prior to the expiration of the

twelve-month period of extenuating circumstances, as determined by the board, during the twelve-month period, the board may extend the validity of the permit for a period not to exceed six months.

(b)  If a qualified applicant requests an inspection after a permit has expired

or has been canceled, the qualified applicant must apply for and be issued a new permit before an inspection is performed.

(7)  Notwithstanding the fact that any incorporated town or city, any county,

or any city and county in which a public school is located or is to be located has its own electrical code and inspection authority, any electrical installation in any new construction or remodeling or repair of a public school shall be inspected by a state electrical inspector.

(8)  In the event that any incorporated town or city, county, city and county, or

qualified state institution of higher education intends to commence or cease performing electrical inspections in its respective jurisdiction or, in the case of a qualified state institution of higher education, for buildings owned, leased, or on its land, the public entity or institution shall commence or cease the same only as of July 1 of any year, and written notice of the intent must be given to the board on or before October 1 of the preceding calendar year. If the notice is not given and the use of state electrical inspectors is required within the notice requirement, the respective local government or qualified state institution of higher education of the respective jurisdiction or building requiring the inspections shall reimburse the state electrical board for any expenses incurred in performing the inspections, in addition to transmitting the required permit fees.

(9) (a)  A person claiming to be aggrieved by the failure of a state electrical

inspector to inspect property after proper application or by notice of disapproval without setting forth the reasons for rejecting the inspection may request the program director to review the actions of the state electrical inspector or the manner of the inspection. The request may be made by an authorized representative and shall be in writing.

(b)  Upon the filing of a request, the program director shall cause a copy to be

served upon the state electrical inspector complained of, together with an order requiring the inspector to answer the allegations of the request within a time fixed by the program director.

(c)  If the request is not granted within ten days after it is filed, it may be

treated as rejected. Any person aggrieved by the action of the program director in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for a hearing with the board, specifying the grounds relied upon.

(d)  Any hearing before the board shall be held pursuant to the provisions of

section 24-4-105.

(10) (a)  An inspector performing an inspection for the state, an incorporated

town or city, a county, a city and county, or a qualified state institution of higher education may verify compliance with this article 115; however, for each project, inspections performed by the state, an incorporated town or city, a county, a city and county, or a qualified state institution of higher education must include a contemporaneous review to ensure that the specific requirements of sections 12-115-109 and 12-115-115 have been met. A contemporaneous review may include a full or partial review of the electricians and apprentices working on a job site being inspected.

(b) (I)  To ensure that enforcement is consistent, timely, and efficient, each

entity, including the state, as described in this subsection (10), shall develop standard procedures to advise its inspectors how to conduct a contemporaneous review. Each entity's standard procedures need not require a contemporaneous review for each and every inspection of a project, but the procedures must preserve an inspector's ability to verify compliance with sections 12-115-109 and 12-115-115 at any time. Each entity's procedures must also include provisions that allow for inspectors to:

(A)  Conduct occasional, random, on-site inspections while actual electrical

work is being conducted, with a focus on large commercial and multi-family residential projects permitted by the entity; and

(B)  Request documentation indicating who performed the electrical work to

ensure compliance with sections 12-115-109 and 12-115-115.

(II)  Each entity, including the state, shall post its current procedures

regarding contemporaneous reviews in a prominent location on its public website. Each entity shall provide a website link to or an electronic copy of its procedures to the board, and the board shall post all of the procedures on a single location on the department's website.

(c)  An inspector may file a complaint with the board for any violation of this

article 115.

(d) (I)  The board shall ensure compliance with this section. If the board

determines, as a result of a complaint, that an entity other than the state is conducting electrical inspections that do not comply with this section, the board may issue to that entity an order to show cause, in accordance with sections 12-20-405 and 12-115-122 (6), as to why the board should not issue a final order directing that entity to cease and desist conducting electrical inspections until that entity comes into compliance to the satisfaction of the board.

(II)  The board shall not issue a cease-and-desist order to an inspecting entity

because the inspecting entity approved the occupancy of one or more tiny homes if the tiny homes have been approved in accordance with section 24-32-3329.

(III)  If the use of state electrical inspectors is required after the issuance of a

final cease-and-desist order pursuant to this subsection (10)(d), that entity shall reimburse the board for any expenses incurred in performing that entity's inspections, in addition to transmitting the required permit fees.

(11)  As used in this section, qualified applicant means:


(a)  A licensed master electrician, including a licensed master electrician who

is operating as a sole proprietor, so long as the licensed master electrician is also a registered electrical contractor;

(b)  A licensed master electrician who is directly employed by a registered

electrical contractor; or

(c)  A homeowner performing work on the homeowner's home.


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

860, � 1, effective October 1; (10) amended, (SB 19-156), ch. 346, p. 3206, � 16, effective October 1. L. 2022: (1)(c), (2)(a), (2)(c), and (10)(d) amended, (HB 22-1242), ch. 172, p. 1136, � 28, effective August 10; (1)(a), (2)(b), (3), (6), and (10)(b) amended and (11) added, (HB 22-1346), ch. 483, p. 3508, � 2, effective January 1, 2023.

Editor's note: (1)  This section is similar to former � 12-23-116 as it existed

prior to 2019.

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

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

(3)  Subsection (11) was numbered as (13) in HB 22-1346 but was renumbered

on revision for ease of location.

C.R.S. § 12-115-121

12-115-121. Inspection fees. (1) As established pursuant to section 12-20-105, inspection fees shall be charged by the board and shall be set and categorized based upon the actual expense of inspecting each type of electrical installation.

(2) (a)  The maximum fee, established annually, chargeable for electrical

inspections by any city, town, county, city and county, or qualified state institution of higher education shall not be more than one hundred twenty dollars, as adjusted annually, starting January 1, 2021, based on the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index. Additionally, a local government described in this subsection (2) or a qualified state institution of higher education may adjust the fee by imposing an additional tiered charge based on size or valuation of the improvement and a multiplier of eight percent of the fee. Neither a local government described in this subsection (2) nor a qualified state institution of higher education shall impose or collect any other fee or charge related to electrical inspections or permits.

(b)  A qualified state institution of higher education may choose not to require

fees as part of the permitting process. A documented permitting and inspection system must be instituted by each qualified state institution of higher education as a tracking system that is available to the board for the purpose of investigating any alleged violation of this article 115. The permitting and inspection system must include information specifying the project, the name of the inspector, the date of the inspection, the job-site address, the scope of the project, the type of the inspection, the result of the inspection, the reason and applicable code sections for partially passed or failed inspections, and the names of the contractors on the project who are subject to inspection.

(3)  If an application is not filed in advance of the commencement of an

installation, the inspection fee shall be twice the amount of the inspection fee set by the board pursuant to subsection (1) of this section.

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

863, � 1, effective October 1; (2) amended, (HB 19-1035), ch. 93, p. 341, � 2, effective October 1.

Editor's note: (1)  This section is similar to former � 12-23-117 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in HB 19-1035.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1035, chapter 93, Session Laws of Colorado 2019.

C.R.S. § 12-115-122

12-115-122. Violations - citations - settlement agreements - hearings - fines - rules. (1) The board may take disciplinary or other action as authorized by section 12-20-404 in regard to any license or registration issued or applied for under the provisions of this article 115 or may issue a citation to a licensee, registrant, or applicant for licensure for any of the following reasons:

(a)  Violation of or aiding or abetting in the violation of any of the provisions of

this article 115 or an applicable provision of article 20 of this title 12;

(b)  Violation of the rules or orders promulgated by the board in conformity

with the provisions of this article 115 or aiding or abetting in the violation;

(c)  Failure or refusal to remove within a reasonable time the cause of the

disapproval of any electrical installation as reported on the notice of disapproval, but a reasonable time shall include time for appeal to and a hearing before the board;

(d)  Failure or refusal to maintain or adhere to the minimum standards set

forth in rules adopted by the board pursuant to section 12-115-107 (2)(a);

(e)  Any cause for which the issuance of the license could have been refused

had it then existed and been known to the board;

(f)  Commitment of one or more acts or omissions that do not meet generally

accepted standards of electrical practice;

(g)  Conviction of or acceptance of a plea of guilty or nolo contendere by a

court to a felony. In considering the disciplinary action, the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

(h)  Advertising by any licensee or registrant that is false or misleading;


(i)  Deception, misrepresentation, or fraud in obtaining or attempting to obtain

a license;

(j)  Failure of a master electrician who is charged with supervising all

electrical work performed by a contractor pursuant to section 12-115-110 (5)(c) to adequately supervise the work or failure of any licensee to adequately directly supervise an apprentice who is working at the trade pursuant to section 12-115-115;

(k)  Employment of any person required by this article 115 to be licensed or

registered or to obtain a permit who has not obtained the license, registration, or permit;

(l)  Disciplinary action against an electrician's license or registration in

another jurisdiction. Evidence of the disciplinary action shall be prima facie evidence for denial of licensure or registration or other disciplinary action if the violation would be grounds for disciplinary action in this state.

(m)  Providing false information to the board during an investigation with the

intent to deceive or mislead the board;

(n)  Practicing as a residential wireman, journeyman, master, contractor, or

apprentice during a period when the licensee's license or the registrant's registration has been suspended or revoked;

(o)  Selling or fraudulently obtaining or furnishing a license to practice as a

residential wireman, journeyman, or master or aiding or abetting therein;

(p)  In conjunction with any construction or building project requiring the

services of any person regulated by this article 115, willfully disregarding or violating:

(I)  Any building or construction law of this state or any of its political

subdivisions;

(II)  Any safety or labor law;


(III)  Any health law;


(IV)  Any workers' compensation insurance law;


(V)  Any state or federal law governing withholdings from employee income,

including but not limited to income taxes, unemployment taxes, or social security taxes; or

(VI)  Any reporting, notification, or filing law of this state or the federal

government;

(q)  Applying for an electrical permit pursuant to section 12-115-120 (1) if the

applicant is not a qualified applicant, as defined in section 12-115-120 (11).

(2) (a)  If, pursuant to an inspection or investigation by a state electrical

inspector, the board concludes that any licensee, registrant, or applicant for licensure has violated any provision of subsection (1) of this section and that disciplinary action is appropriate, the program director or the program director's designee may issue a citation in accordance with subsection (4) of this section to the licensee, registrant, or applicant.

(b) (I)  The licensee, registrant, or applicant to whom a citation has been

issued may make a request to negotiate a stipulated settlement agreement with the program director or the program director's designee, if the request is made in writing within ten working days after issuance of the citation that is the subject of the settlement agreement.

(II)  All stipulated settlement agreements shall be conducted pursuant to

rules adopted by the board pursuant to section 12-115-107 (2)(a). The board shall adopt a rule to allow any licensee, registrant, or applicant unable, in good faith, to settle with the program director to request an administrative hearing pursuant to subsection (2)(c) of this section.

(c) (I)  The licensee, registrant, or applicant to whom a citation has been

issued may request an administrative hearing to determine the propriety of the citation if the request is made in writing within ten working days after issuance of the citation that is the subject of the hearing or within a reasonable period after negotiations for a stipulated settlement agreement pursuant to subsection (2)(b) of this section have been deemed futile by the program director.

(II)  For good cause the board may extend the period of time in which a

person who has been cited may request a hearing.

(III)  All hearings conducted pursuant to subsection (2)(c)(I) of this section

shall be conducted in compliance with section 24-4-105.

(d)  Any action taken by the board pursuant to this section shall be deemed

final after the period of time extended to the licensee, registrant, or applicant to contest the action pursuant to this subsection (2) has expired.

(3) (a)  The board shall adopt a schedule of fines pursuant to subsection (3)(b)

of this section as penalties for violating subsection (1) of this section. The fines shall be assessed in conjunction with the issuance of a citation, pursuant to a stipulated settlement agreement, or following an administrative hearing. The schedule shall be adopted by rule in accordance with section 12-115-107 (2)(a).

(b)  In developing the schedule of fines, the board shall:


(I)  Provide that a first offense may carry a fine of up to one thousand dollars;


(II)  Provide that a second offense may carry a fine of up to two thousand

dollars;

(III)  Provide that any subsequent offense may carry a fine of up to two

thousand dollars for each day that subsection (1) of this section is violated;

(IV)  Consider how the violation impacts the public, including any health and

safety considerations;

(V)  Consider whether to provide for a range of fines for any particular

violation or type of violation; and

(VI)  Provide uniformity in the fine schedule.


(4) (a) (I)  Any citation issued pursuant to this section shall be in writing, shall

adequately describe the nature of the violation, and shall reference the statutory or regulatory provision or order alleged to have been violated.

(II)  Any citation issued pursuant to this section shall clearly state whether a

fine is imposed, the amount of the fine, and that payment for such fine must be remitted within the time specified in the citation if such citation is not contested pursuant to subsection (2) of this section.

(III)  Any citation issued pursuant to this section shall clearly set forth how

the citation may be contested pursuant to subsection (2) of this section, including any time limitations.

(b)  A citation or copy of a citation issued pursuant to this section may be

served by certified mail or in person by a state electrical inspector or the program director's designee upon a person or the person's agent in accordance with rule 4 of the Colorado rules of civil procedure.

(c)  If the recipient fails to give written notice to the board that the recipient

intends to contest the citation or to negotiate a stipulated settlement agreement within ten working days after service of a citation by the board, the citation shall be deemed a final order of the board.

(d) (I)  The board may take disciplinary action as specified in section 12-20-404 (1)(b) or (1)(d) if the licensee or registrant fails to comply with the requirements

set forth in a citation deemed final pursuant to subsection (4)(c) of this section.

(II)  Upon completing an investigation, the board shall make one of the

following findings:

(A)  The complaint is without merit and no further action need be taken.


(B)  There is no reasonable cause to warrant further action.


(C)  The investigation discloses an instance of conduct that does not warrant

formal action and should be dismissed, but the investigation also discloses indications of possible errant conduct that could lead to serious consequences if not corrected. If this finding is made, the board shall send a confidential letter of concern to the licensee or registrant in accordance with section 12-20-404 (5).

(D)  The investigation discloses an instance of conduct that does not warrant

formal action but should not be dismissed as being without merit. If this finding is made, the board may send a letter of admonition to the licensee or registrant by certified mail in accordance with section 12-20-404 (4).

(E)  The investigation discloses facts that warrant further proceedings by

formal complaint. If this finding is made, the board shall refer the complaint to the attorney general for preparation and filing of a formal complaint.

(III)  The board shall conduct all proceedings pursuant to this subsection (4)

expeditiously and informally so that no licensee or registrant is subjected to unfair and unjust charges and that no complainant is deprived of the right to a timely, fair, and proper investigation of a complaint.

(e)  The failure of an applicant for licensure to comply with a citation deemed

final pursuant to subsection (4)(c) of this section is grounds for denial of a license.

(f)  No citation may be issued under this section unless the citation is issued

within the six-month period following the occurrence of the violation.

(5) (a)  Any fine collected pursuant to this section shall be transmitted to the

state treasurer, who shall credit one-half of the amount of the fine to the general fund, and one-half of the amount of the fine shall be shared with the appropriate city, town, county, or city and county, which amounts shall be transmitted to the entity on an annual basis.

(b)  Any fine assessed in a citation or an administrative hearing or any amount

due pursuant to a stipulated settlement agreement that is not paid may be collected by the program director through a collection agency or in an action in the district court of the county in which the person against whom the fine is imposed resides or in the county in which the office of the program director is located.

(c)  The attorney general shall provide legal assistance and advice to the

program director in any action to collect an unpaid fine.

(d)  In any action brought to enforce this subsection (5), reasonable attorney

fees and costs shall be awarded.

(6)  The board may issue cease-and-desist orders under the circumstances

and in accordance with the procedures specified in section 12-20-405.

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

863, � 1, effective October 1; (1)(j) amended, (SB 19-156), ch. 346, p. 3207, � 17, effective October 1. L. 2022: (1)(q) added, (HB 22-1346), ch. 483, p. 3511, � 3, effective January 1, 2023.

Editor's note: (1)  This section is similar to former � 12-23-118 as it existed

prior to 2019.

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

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

C.R.S. § 12-115-123

12-115-123. Unauthorized practice - penalties. Any person who practices or offers or attempts to practice the profession of an electrician without an active license issued under this article 115 is subject to penalties pursuant to section 12-20-407 (1)(a).

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

870, � 1, effective October 1.

Editor's note: This section is similar to former � 12-23-119 (2) as it existed

prior to 2019.

C.R.S. § 12-120-205

12-120-205. Unlawful practice - penalties - enforcement. (1) It is unlawful for any individual to hold oneself out to the public as a professional engineer unless the individual has complied with this part 2.

(2)  It is unlawful for any individual, partnership, professional association,

joint stock company, limited liability company, or corporation to practice, or offer to practice, engineering in this state unless the individual in responsible charge has complied with the provisions of this part 2.

(3)  Unless licensed or exempted pursuant to this part 2, it is unlawful for any

individual, partnership, professional association, joint stock company, limited liability company, or corporation to use any of the following titles: Civil engineer, structural engineer, chemical engineer, petroleum engineer, mining engineer, mechanical engineer, or electrical engineer. In addition, unless licensed pursuant to this part 2, it is unlawful for any individual, partnership, professional association, joint stock company, limited liability company, or corporation to use the words engineer, engineered, or engineering in any offer to the public to perform the services set forth in section 12-120-202 (6). Nothing in this subsection (3) shall prohibit the general use of the words engineer, engineered, and engineering so long as such words are not being used in an offer to the public to perform the services set forth in section 12-120-202 (6).

(4)  It is unlawful for any individual to use in any manner a certificate or

certificate number that has not been issued to the individual by the board.

(5)  The practice of professional engineering in violation of any of the

provisions of this part 2 shall be either:

(a)  Restrained by injunction in an action brought by the attorney general or

by the district attorney in accordance with section 12-20-406; or

(b)  Ceased by order of the board pursuant to section 12-20-405.


(6)  Any person who practices or offers or attempts to practice professional

engineering without an active license issued under this part 2 is subject to penalties pursuant to section 12-20-407 (1)(a).

(7)  After finding that an individual, partnership, professional association,

joint stock company, limited liability company, or corporation has unlawfully engaged in the practice of engineering, the board may jointly and severally assess a fine against the unlawfully engaged party in an amount not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.

(8)  An individual practicing professional engineering who is not licensed or

exempt shall not collect compensation of any kind for the practice, and, if compensation has been paid, the compensation shall be refunded in full.

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

878, � 1, effective October 1. L. 2024: (1) amended, (HB 24-1329), ch. 342, p. 2316, � 16, effective August 7.

Editor's note: This section is similar to former � 12-25-105 as it existed prior

to 2019.

C.R.S. § 12-120-402

12-120-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Architect means a person licensed under this part 4 and entitled

thereby to conduct a practice of architecture in the state of Colorado.

(2)  Buildings means buildings of any type for public or private use,

including the structural, mechanical, and electrical systems, utility services, and other facilities required for the buildings.

(3)  Drawings means the original documents produced to describe a project.

The original documents may be produced by computer-assisted design and drafting software, commonly known as CADD, or other means.

(4)  Dwellings means private residences intended for permanent occupancy

by one or more families but does not include apartment houses, lodging houses, hotels, or motels.

(5) (a)  Practice of architecture means providing any of the following

services in connection with the design, construction, enlargement, or alteration of a building or group of buildings and the space within and the site surrounding those buildings, which have as their principal purpose human occupancy or habitation:

(I)  Predesign;


(II)  Programming;


(III)  Planning;


(IV)  Providing designs, drawings, specifications, and other technical

submissions;

(V)  Administering construction contracts; and


(VI)  Coordinating any elements of technical submissions prepared by others.


(b)  An architect's professional services, unless performed pursuant to the

exemptions set forth in section 12-120-403 by a person who is not an architect, may include any or all of the following:

(I)  Investigations, evaluations, schematic and preliminary studies, designs,

working drawings, and specifications for construction, or for one or more buildings, and for the space within and surrounding the buildings or structures;

(II)  Coordination of the work of technical and special consultants;


(III)  Compliance with generally applicable codes and regulations and

assistance in the governmental review process;

(IV)  Technical assistance in the preparation of bid documents and

agreements between clients and contractors;

(V)  Contract administration; and


(VI)  Construction observation.


(c)  An individual practices or offers to practice architecture within the

meaning and intent of this subsection (5) if the individual, by oral claim, sign, advertisement, letterhead, card, or in any other way, represents oneself to be an architect, implies that the individual is licensed under this part 4, or performs or offers to perform a service listed in subsection (5)(b) of this section.

(6)  Responsible control means that amount of control over and detailed

knowledge of the content of plans, designs, drawings, specifications, and reports during their preparation as is ordinarily exercised by a licensed architect applying the required standard of care.

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

905, � 1, effective October 1. L. 2024: (5)(c) amended, (HB 24-1329), ch. 342, p. 2317, � 20, effective August 7.

Editor's note: This section is similar to former � 12-25-302 as it existed prior

to 2019.

C.R.S. § 12-120-403

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

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

buildings commonly associated with those dwellings;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


(A)  The structural frame system supporting a building;


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

vertical transportation systems;

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


(D)  Fire-related protection of structural elements;


(E)  Smoke evacuation and compartmentalization;


(F)  Emergency sprinkler systems;


(G)  Emergency alarm systems; or


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

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

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

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

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


(I)  Engages in:


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

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

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

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

(C)  Designing for fabrication nonstructural elements within and surrounding

interior spaces of buildings; or

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

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

(II)  Possesses written documentation that the interior designer:


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


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

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

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

Qualification or its successor organization.

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

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

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

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

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

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

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

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

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

to 2019.

C.R.S. § 12-155-106

12-155-106. Colorado plumbing code - amendments - variances - Colorado fuel gas code. (1) In accordance with article 4 of title 24, the board shall establish a Colorado plumbing code, as defined in section 12-155-103 (1.4). The code must represent the minimum standards for installation, alteration, and repair of plumbing equipment and systems throughout the state.

(2)  Local governments are permitted to amend the code for their

jurisdictions as long as the amendments are at least equal to the minimum requirements set forth in the Colorado plumbing code.

(3)  If petitioned, the board shall annually hold public hearings to consider

amendments to the Colorado plumbing code.

(4)  The board is authorized to review and approve or disapprove requests for

exceptions to the code in unique construction situations where a strict interpretation of the code would result in unreasonable operational conditions or unreasonable economic burdens as long as public safety is not compromised.

(4.5)  In the event of a conflict between the 2021 international energy

conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code developed by the energy code board pursuant to section 24-38.5-401 (5), or any energy codes adopted by either a local government or divisions in the executive branch of state government and the Colorado plumbing code, the Colorado plumbing code prevails.

(5)  The board shall adopt a Colorado fuel gas code for the gas piping

installations inspection requirement of section 12-155-105 (1)(k).

(6) (a)  Notwithstanding any authority granted to the board by this section

and after rules are adopted by the state housing board pursuant to section 24-32-3304 (1)(h)(III), the board does not have jurisdiction over and the rules of the board do not apply to any activity required to undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).

(b)  Plumbing installations that connect these structures to external utility

sources and that are not considered actions to complete the installation of a factory-built structure as required by a registered installer must be completed by a licensed plumber under a registered plumbing contractor.

(c)  The installation of gas piping on the service side must be completed by a

qualified gas piping installer.

(d)  The inspection and inspectors of these installations, other than those

authorized to be performed by a registered installer, are regulated in this article 155 and must be performed by licensed plumbing inspectors.

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

993, � 1, effective October 1. L. 2022: (4.5) added, (HB 22-1362), ch. 301, p. 2179, � 3, effective June 2. L. 2025: (6) added, (SB 25-002), ch. 172, p. 713, � 2, effective May 8; (1) amended, (HB 25-1306), ch. 204, p. 926, � 3, effective August 6.

Editor's note: This section is similar to former � 12-58-104.5 as it existed prior

to 2019.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 12-20-104

12-20-104. Excise tax on renewal fees - report to joint budget committee - definition. (1) Notwithstanding any provision of law to the contrary, there is imposed, and the executive director shall collect, an excise tax of one dollar for each year of the renewal period upon the payment of renewal fees that are required to be paid by individuals for the renewal of a license, registration, or certificate granting the individual authority or permission from the state to continue the practice of a profession or occupation; except that the excise tax shall not be imposed on the renewal fee paid by nurse aides pursuant to section 12-255-107.

(2)  For the purposes of this section, renewal fees includes all fees for the

renewal, reinstatement, and continuation of a license, registration, or certificate for the practice of a profession or occupation in this state as provided in section 12-20-202 (1) and (2). Renewal fees does not include fees paid for initial licensure, registration, or certification; application fees; examination fees; penalty late fees; duplicate license fees; regulator action fees; verification fees; license change fees; fees for the verification of licensure, registration, or certification status to other states; electrical inspection permit fees; plumbing inspection fees; and fees for certification of grades.

(3)  Money collected pursuant to subsection (1) of this section shall be

credited to the legal defense account created within the division of professions and occupations cash fund pursuant to section 12-20-105 (5).

(4)  On October 1 of each year, the executive director shall report to the joint

budget committee the amount of money credited to the legal defense account created within the division of professions and occupations cash fund pursuant to subsection (3) of this section for the preceding fiscal year.

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

732, � 1, effective October 1. L. 2020: (1) amended, (HB 20-1183), ch. 157, p. 695, � 33, effective July 1.

Editor's note: This section is similar to former � 24-34-104.4 as it existed

prior to 2019.

C.R.S. § 12-20-202

12-20-202. Licenses, certifications, and registrations - renewal - reinstatement - fees - occupational credential portability program - exceptions for military personnel, spouses, gold star military spouses, and dependents - rules - consideration of criminal convictions or driver's history - executive director authority - definitions. (1) Renewal. (a) Licenses, certifications, and registrations issued pursuant to a part or article of this title 12 expire pursuant to a schedule established by the director and must be renewed or reinstated in accordance with this section. The director shall establish renewal fees and delinquency fees for reinstatement pursuant to section 12-20-105. If a person fails to renew the person's license, certification, or registration pursuant to the schedule established by the director, the license, certification, or registration expires. A person whose license, certification, or registration has expired is subject to the penalties set forth in this section and any other penalties authorized in the applicable part or article of this title 12 that regulates the person's profession or occupation.

(b)  Notwithstanding any provision of the law to the contrary, the director

may change the renewal date of any license, certification, or registration issued by a regulator so that approximately the same number of licenses, certifications, or registrations are scheduled for renewal in each month of the year. Where any renewal date is so changed, the fee for the license, certification, or registration is proportionately increased or decreased, as the case may be. Except for a license, certification, or registration issued in accordance with subsection (3)(f) of this section, a license, certification, or registration is valid for a period of no less than one year and no longer than three years, as determined by the director in consultation with the applicable regulator. A licensee, certificate holder, or registrant shall submit an application for renewal to the applicable regulator on forms and in the manner prescribed by the director.

(c)  Notwithstanding any provision of the law to the contrary, upon the

approval and recommendation of a regulator, the executive director may change the period of the validity of any license, certification, or registration issued by the regulator for a period not to exceed three years. If the executive director changes the period of validity of a license, certification, or registration pursuant to this subsection (1)(c), the director shall proportionately increase or decrease the fee for the license, certification, or registration, as the case may be, but the director shall not impose a fee increase that would result in hardship to the licensee, certificate holder, or registrant.

(d)  A regulator may prescribe renewal requirements, which must include

compliance with any continuing education or continuing competency requirements adopted pursuant to the regulator's authority.

(e)  The director shall allow for a grace period for licenses, certifications, or

registrations issued by a regulator. A licensee, certificate holder, or registrant has a sixty-day grace period after the expiration of his or her license, certification, or registration to renew the license, certification, or registration without the imposition of a disciplinary sanction by the regulator for the profession for practicing on an expired license, certification, or registration. The licensee, certificate holder, or registrant shall satisfy all renewal requirements pursuant to the applicable part or article of this title 12 and shall pay a delinquency fee in an amount determined pursuant to sections 12-20-105 and 24-79.5-102.

(2)  Reinstatement. (a)  If a licensee, registrant, or certificate holder does not

renew his or her license, registration, or certificate within the sixty-day grace period pursuant to subsection (1)(e) of this section, the license, registration, or certificate is treated as an expired license, registration, or certificate, and the licensee, registrant, or certificate holder is ineligible to practice until the license, registration, or certificate is reinstated.

(b)  The regulator shall reinstate the expired license, certificate, or

registration of any active military personnel, including any National Guard member or reservist who is currently on active duty for a minimum of thirty days, and any veteran who has not been dishonorably discharged, if the military personnel or veteran meets the requirements of this subsection (2).

(c)  The regulator, in its discretion and pursuant to its authority, may reinstate

an expired license, registration, or certificate of any person other than the active military personnel or veterans specified in subsection (2)(b) of this section pursuant to the following requirements:

(I) (A)  The licensee, registrant, or certificate holder submits an application

for reinstatement of the license, registration, or certificate to the regulator sixty days or more after the date of expiration, and the licensee, registrant, or certificate holder complies with all requirements of the applicable part or article of this title 12.

(B)  If the licensee, registrant, or certificate holder practiced with an expired

license, registration, or certificate, the regulator may impose disciplinary actions against the licensee, registrant, or certificate holder.

(II)  If the license, registration, or certificate has been expired for more than

two years, the person with the expired license, registration, or certificate shall pay all applicable renewal and reinstatement fees and shall satisfactorily demonstrate to the regulator that the person is competent to practice within his or her profession. The regulator, as it deems appropriate, shall accept one or more of the following as a demonstration of competency to practice:

(A)  A license, registration, or certificate from another state that is in good

standing for the applicant where the applicant demonstrates active practice;

(B)  Practice for a specified time under a restricted license, registration, or

certificate;

(C)  Successful completion of prescribed remedial courses ordered by the

regulator that are within the authority of the regulator to require;

(D)  Successful completion of any continuing education or continuing

competency requirements prescribed by the regulator that are within the authority of the regulator to require;

(E)  Passage of an examination for licensure, registration, or certification as

approved by the regulator that the regulator has the authority to require; or

(F)  Other professional standards or measures of continued competency as

determined by the regulator.

(III)  The regulator may waive the requirements for reinstatement of an

expired license, registration, or certificate by an applicant who demonstrates hardship, so long as the regulator considers the protection of the public in the hardship petition.

(3)  Occupational credential portability program - definitions. (a)  There is

hereby created in the division the occupational credential portability program by which a regulator may approve an application for licensure, certification, registration, or enrollment by endorsement, reciprocity, or transfer. Each regulator shall strive to reduce barriers for applicants under the occupational credential portability program, including through reciprocity agreements, compacts, or other means to expedite licensure, certification, registration, or enrollment and shall adopt rules to implement the program in the least burdensome way necessary to protect the public. Unless there are specific reasons to withhold a license, certification, registration, or enrollment, a regulator shall issue a license, certification, registration, or enrollment, as applicable, to an applicant who meets the requirements of this subsection (3) and rules adopted by the regulator pursuant to this subsection (3).

(b) (I)  Except as specified in subsections (3)(c) and (3)(f) of this section, a

person duly licensed, certified, registered, or enrolled in good standing in another state or United States territory or through the federal government to practice a particular profession or occupation, or who holds a military occupational specialty, as defined in section 24-4-201, is, upon application to the division for licensure, certification, registration, or enrollment in that profession or occupation in this state, entitled to the issuance of the applicable license, certification, registration, or enrollment if all of the following apply:

(A)  Submission of satisfactory proof to the regulator, under penalty of

perjury, of the applicant's substantially equivalent experience or credentials, as required by the part or article of this title 12 that regulates the applicable profession or occupation, or satisfactory proof that the applicant has held for at least one year a current and valid license, certification, registration, or enrollment under a jurisdiction with a scope of practice that is substantially similar to the scope of practice of the profession or occupation as specified in this title 12 and that the applicant has not committed an act that would be grounds for disciplinary action under the law governing the applicable profession or occupation;

(B)  Payment of applicable fees established pursuant to section 12-20-105;

and

(C)  Compliance with any other applicable requirement, including passing an

exam, of the part or article of this title 12 that regulates the applicable profession or occupation.

(II)  For the purposes of this subsection (3)(b), in good standing means that

a license, certification, registration, or enrollment has not been revoked or suspended and against which there are no outstanding disciplinary or adverse actions.

(c)  An applicant is not entitled to licensure, certification, registration, or

enrollment pursuant to this subsection (3) if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant:

(I)  Lacks the requisite substantially equivalent education, experience, or

credentials to practice the applicable profession or occupation; or

(II)  Has committed an act that would be grounds for disciplinary action under

the law governing the applicable profession or occupation.

(d)  A regulator may specify by rule what constitutes substantially equivalent

experience or credentials and, unless otherwise prohibited by this title 12, shall allow an applicant for certification, registration, or licensure by endorsement to demonstrate competency in a specific profession or occupation as determined by the regulator in lieu of a requirement that the applicant has worked or practiced in that profession or occupation for a period of time prior to the application for endorsement.

(d.5)  Nothing in this subsection (3) prohibits a person from applying for an

occupational license, registration, or certification pursuant to another statute or rule.

(e)  Subsections (3)(a) to (3)(d) of this section do not apply to the following

professions or occupations:

(I)  Combative sports, regulated pursuant to article 110 of this title 12;


(II)  Electricians, regulated pursuant to article 115 of this title 12;


(II.5)  Engineers, surveyors, and architects, regulated pursuant to article 120

of this title 12;

(III)  Repealed.


(IV)  Mortuaries and crematories, regulated pursuant to article 135 of this

title 12;

(V)  Nontransplant tissue banks, regulated pursuant to article 140 of this title

12;

(VI)  Outfitters and guides, regulated pursuant to article 145 of this title 12;


(VII)  Passenger tramways, regulated pursuant to article 150 of this title 12;


(VIII)  Plumbers, regulated pursuant to article 155 of this title 12;


(IX)  Repealed.


(IX.5)  Dental therapists, regulated pursuant to article 220 of this title 12;


(X)  Direct-entry midwives, regulated pursuant to article 225 of this title 12;

or

(XI)  Surgical assistants and surgical technologists, regulated pursuant to

article 310 of this title 12.

(f) (I)  Except as specified in subsection (3)(f)(III) of this section, a military

spouse, gold star military spouse, military dependent, or spouse or dependent of any other qualified servicemember duly licensed, certified, registered, or enrolled in good standing in another state or United States territory to practice a particular profession or occupation is, upon application to the division for licensure, certification, registration, or enrollment in that profession or occupation in this state, entitled to the issuance of a license, certification, registration, or enrollment upon submission of satisfactory proof to the regulator, under penalty of perjury, of the applicant's active license, certification, registration, or enrollment in another state or United States territory in good standing.

(II)  As used in this subsection (3)(f):


(A)  Gold star military spouse or gold star spouse means the spouse of a

servicemember, which servicemember died while on military orders, who was relocated to Colorado.

(B)  In good standing means that a license, certification, registration, or

enrollment has not been revoked, expired, or suspended and against which there are no outstanding disciplinary or adverse actions.

(C)  Military dependent means the dependent of a servicemember serving in

the United States uniformed services who was relocated to Colorado.

(D)  Military spouse or spouse means the spouse of a servicemember

serving in the United States uniformed services who was relocated to Colorado.

(E)  Relocated means that a servicemember in the United States uniformed

services and the servicemember's spouse or dependent have, or the servicemember's gold star spouse has, moved to Colorado, as a result of: An assignment to a duty station in Colorado; a reassignment, either as a result of a permanent change of station or permanent change of assignment to Colorado, between two duty stations; or a transfer from a regular component of a uniformed service into a selected reserve of the Ready Reserve of a uniformed service, if the member is authorized to make a final move from the member's last duty station to Colorado.

(F)  Servicemember means a member of the uniformed services, as defined

in 10 U.S.C. sec. 101 (a)(5).

(III)  An applicant is not entitled to licensure, certification, registration, or

enrollment pursuant to this subsection (3)(f) if approving the licensure, certification, registration, or enrollment would violate an existing compact or reciprocity agreement or if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant's license, certification, registration, or enrollment issued by another state or United States territory is not in good standing.

(IV)  Notwithstanding any provision of law to the contrary:


(A)  A license, certification, registration, or enrollment issued to a military

spouse, a gold star military spouse, a military dependent, or the spouse or dependent of any other qualified servicemember pursuant to this subsection (3)(f) is valid for six years after the date of issuance and may be renewed.

(B)  Each regulator shall waive the application fee for single state licenses,

certifications, registrations, or enrollments issued pursuant to this subsection (3)(f).

(4)  Military personnel. A regulator shall, upon presentation of satisfactory

evidence by an applicant for licensure, certification, or registration, accept education, training, or service completed by an individual as a member of the armed forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the qualifications to receive the license, certification, or registration. Each regulator shall promulgate rules to implement this subsection (4).

(5)  Criminal convictions. (a)  Unless there is a specific statutory

disqualification that prohibits an applicant from obtaining licensure, certification, or registration based on a criminal conviction, if a regulator determines that an applicant for licensure, certification, or registration has a criminal record, the regulator is governed by sections 12-20-206 and 24-5-101 for purposes of granting or denying, or placing any conditions on, licensure, certification, or registration.

(b)  A regulator may require an applicant for a license, certification, or

registration issued pursuant to the following sections to submit to a fingerprint-based criminal history record check:

(I)  A funeral director licensed pursuant to parts 5 and 6 of article 135 of this

title 12;

(II)  A mortuary science practitioner licensed pursuant to parts 5 and 7 of

article 135 of this title 12;

(III)  An embalmer licensed pursuant to parts 5 and 8 of article 135 of this

title 12;

(IV)  A cremationist licensed pursuant to parts 5 and 9 of article 135 of this

title 12;

(V)  A natural reductionist licensed pursuant to parts 5 and 9 of article 135 of

this title 12;

(VI)  An audiologist licensed pursuant to article 210 of this title 12;


(VII)  A dental hygienist licensed pursuant to sections 12-220-405 to 12-220-407;


(VIII)  A dentist licensed pursuant to sections 12-220-401 to 12-220-404;


(IX)  A physician assistant licensed pursuant to section 12-240-113;


(X)  A social worker licensed pursuant to part 4 of article 245 of this title 12;


(XI)  A licensed professional counselor licensed pursuant to part 6 of article

245 of this title 12;

(XII)  A certified midwife licensed pursuant to section 12-255-111.5;


(XIII)  An occupational therapist licensed pursuant to sections 12-270-106 (1)

and 12-270-107;

(XIV)  An occupational therapy assistant licensed pursuant to sections 12-270-106 (2) and 12-270-108; or


(XV)  A speech-language pathologist certified pursuant to article 305 of this

title 12.

(c)  An applicant submitting to a fingerprint-based criminal history record

check pursuant to subsection (5)(b) of this section must pay the costs associated with the fingerprint-based criminal history record check.

(d)  After submitting an application for a license, certification, or registration,

if the applicant submits to a fingerprint-based criminal history record check, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or a third party approved by the Colorado bureau of investigation. The applicant shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(e)  If an approved third party takes the applicant's fingerprints, the

fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. A third-party vendor shall not keep the applicant's information for more than thirty days after the information is collected.

(f)  The Colorado bureau of investigation shall use the applicant's fingerprints

to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, the applicant, the department, and the entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(g)  The Colorado bureau of investigation shall return the results of its

criminal history record check to the department, and the department is authorized to receive the results of the federal bureau of investigation's criminal history record check. The department shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified to hold a license, certification, or registration pursuant to this section and the following section for the following applicant or licensee:

(I)  Section 12-135-503 for a cremationist, an embalmer, a funeral director, a

mortuary science practitioner, or a natural reductionist;

(II)  Section 12-210-108 for an audiologist;


(III)  Section 12-220-201 for a dentist or a dental hygienist;


(IV)  Section 12-240-121 for a physician assistant;


(V)  Section 12-245-224 for a licensed professional counselor or a social

worker;

(VI)  Section 12-255-120 for a certified midwife;


(VII)  Section 12-270-114 for an occupational therapist or an occupational

therapy assistant; or

(VIII)  Section 12-305-112 for a speech-language pathologist.


(h)  When the results of a criminal history record check of an applicant

performed pursuant to this section reveal a record of arrest without a disposition, the department shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

(5.5)  Driver's history. A regulator shall not consider an event in an

applicant's driver's history when determining whether to issue to the applicant a new, renewal, reactivated, or reinstated license, certification, or registration unless:

(a)  The event is relevant to the performance of the profession or occupation

that is the subject of the application; and

(b) (I)  The operation of a motor vehicle is a duty of the profession or

occupation that is the subject of the application;

(II)  The event is a part of a pattern of behavior that is relevant to the

performance of the profession or occupation that is the subject of the application; or

(III)  The event occurred within three years before the date that the applicant

submitted the application to the regulator.

(6)  Executive director authority. (a)  Form of license, certification, or

registration. The executive director, after consultation with the regulator concerned, shall determine the form and content of any license, certification, or registration issued by the regulator, including any document evidencing renewal of a license, certification, or registration.

(b)  Review of examinations and procedures. Notwithstanding any entity

status as a type 1 entity, as defined in section 24-1-105, the executive director may review any examination or procedure for granting a license, certification, or registration by any regulator prior to the execution of the examination or procedure. After the review, if the executive director has reason to believe the examination or procedure is unfair to the applicants or unreasonable in content, the executive director shall call on five people licensed, certified, or registered in the occupation or profession to review the examination or procedure jointly with the executive director. The executive director and the licensees, certificate holders, or registrants, acting jointly, may make findings of fact and recommendations to the regulator concerning any examination or procedure. The findings of fact and recommendations are public documents.

(c)  Employment of administrative law judges. Notwithstanding any entity

status as a type 1 entity, as defined in section 24-1-105, the executive director may employ an administrative law judge, and may require any regulator to use an administrative law judge in lieu of a hearing by the regulator, to conduct hearings on any matter within the jurisdiction of the regulator, subject to appropriations made to the department of personnel. Administrative law judges are appointed pursuant to part 10 of article 30 of title 24. An administrative law judge employed pursuant to this subsection (6)(c) shall conduct hearings in accordance with section 24-4-105, and the administrative law judge has the authority specified in section 24-4-105.

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

735, � 1, effective October 1. L. 2020: (3) amended, (HB 20-1326), ch. 126, p. 528, � 4, effective June 25. L. 2021: (3)(e)(III) repealed, (SB 21-266), ch. 423, p. 2796, � 9, effective July 2; (5.5) added, (SB 21-040), ch. 59, p. 239, � 2, effective September 7. L. 2022: IP(3)(b)(I), (3)(b)(I)(A), IP(3)(c), and (3)(c)(I) amended and (3)(d.5) and (3)(e)(II.5) added, (SB 22-116), ch. 146, p. 949, � 2, effective August 10; (3)(e)(IX) repealed, (SB 22-212), ch. 421, p. 2967, � 20, effective August 10; (3)(e)(IX.5) added, (SB 22-219), ch. 381, p. 2723, � 27, effective January 1, 2023. L. 2023: (6)(b) and (6)(c) amended, (HB 23-1301), ch. 303, p. 1817, � 11, effective August 7. L. 2024: (5) amended, (HB 24-1004), ch. 371, p. 2497, � 2, effective August 7; (1)(b) and (3)(f) amended, (HB 24-1097), ch. 70, p. 231, � 3, effective September 1. L. 2025: (5) amended, (SB 25-146), ch. 342, p. 1849, � 1, effective June 2.

Editor's note: Subsection (1)(a) is similar to former � 12-5.5-202 (2);

subsection (1)(b) is similar to former � 24-34-102 (8)(a); subsection (1)(c) is similar to former � 24-34-102 (7); subsection (1)(d) is similar to former � 24-34-102 (8)(b); subsection (1)(e) is similar to former � 24-34-102 (8)(c); subsection (2) is similar to former � 24-34-102 (8)(d); subsection (3) is similar to former � 24-34-102 (8)(e); subsection (4) is similar to former � 24-34-102 (8.5); subsection (5) is similar to former � 24-34-102 (8.7); subsection (6)(a) is similar to former � 24-34-102 (10); subsection (6)(b) is similar to former � 24-34-102 (11); and subsection (6)(c) is similar to former � 24-34-102 (12), as those sections existed prior to 2019.

Cross references: (1)  For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020. For the short title (Red Tape Reduction Act of 2022) in SB 22-116, see section 1 of chapter 146, Session Laws of Colorado 2022. For the short title (Military Family Employment Support Act) and the legislative declaration in HB 24-1097, see sections 1 and 2 of chapter 70, Session Laws of Colorado 2024.

(2)  For the legislative declaration in SB 22-219, see section 1 of chapter 381,

Session Laws of Colorado 2022.

C.R.S. § 12-20-404

12-20-404. Disciplinary actions - regulator powers - disposition of fines - mistreatment of at-risk adult - exceptions - definitions. (1) General disciplinary authority. If a regulator determines that an applicant, licensee, certificate holder, or registrant has committed an act or engaged in conduct that constitutes grounds for discipline or unprofessional conduct under a part or article of this title 12 governing the particular profession or occupation, the regulator may:

(a)  Issue a letter of admonition in accordance with subsection (4) of this

section;

(b) (I)  Place a licensee, certificate holder, or registrant on probation, except

as provided in subsection (1)(b)(II) of this section.

(II)  A regulator is not authorized under this subsection (1)(b) to impose

probation on a licensee, certificate holder, or registrant regulated under the following:

(A)  Article 150 of this title 12 concerning passenger tramways;


(B)  Repealed.


(C)  Article 255 of this title 12 concerning nurse aides; or


(D)  Article 310 of this title 12 concerning surgical assistants and surgical

technologists.

(c) (I)  Impose an administrative fine, subject to any limitations or

requirements specified in the part or article of this title 12 governing a particular profession or occupation and except as provided in subsection (1)(c)(II) of this section.

(II)  A regulator is not authorized under this subsection (1)(c) to impose a fine

on a licensee, certificate holder, or registrant regulated under the following:

(A)  Repealed.


(B)  Article 140 of this title 12 concerning nontransplant tissue banks;


(C)  Repealed.


(D)  Article 205 of this title 12 concerning athletic trainers;


(E)  Article 255 of this title 12 concerning nurse aides;


(F)  Article 265 of this title 12 concerning nursing home administrators;


(G)  Article 270 of this title 12 concerning occupational therapists and

occupational therapy assistants;

(H)  Article 300 of this title 12 concerning respiratory therapists; or


(I)  Article 310 of this title 12 concerning surgical assistants and surgical

technologists.

(d) (I)  Deny, refuse to renew, revoke, or suspend the license, certification, or

registration of an applicant, licensee, certificate holder, or registrant, except as provided in subsection (1)(d)(II) of this section.

(II)  A regulator is not authorized under this subsection (1)(d) to refuse to

renew the license, certification, or registration of a licensee, certificate holder, or registrant regulated under the following:

(A)  Article 105 of this title 12 concerning barbers and cosmetologists;


(B)  Article 110 of this title 12 concerning combative sports;


(C)  Repealed.


(D)  Article 140 of this title 12 concerning nontransplant tissue banks;


(E)  Article 145 of this title 12 concerning outfitters and guides;


(F)  Repealed.


(G)  Article 200 of this title 12 concerning acupuncturists;


(H)  Article 225 of this title 12 concerning direct-entry midwives;


(I)  Article 240 of this title 12 concerning medical practice;


(J)  Article 250 of this title 12 concerning naturopathic doctors;


(J.5)  Article 255 of this title 12 concerning nurses and certified midwives;


(K)  Article 255 of this title 12 concerning nurse aides;


(L)  Article 305 of this title 12 concerning speech-language pathologists; or


(M)  [Editor's note: This version of subsection (1)(d)(II)(M) is effective until

January 1, 2026.] Article 315 of this title 12 concerning veterinarians and veterinary technicians.

(M)  [Editor's note: This version of subsection (1)(d)(II)(M) is effective January

1, 2026.] Article 315 of this title 12 concerning veterinarians, veterinary technicians, and veterinary professional associates.

(2)  Deferral precluded. (a)  When a complaint or investigation discloses an

instance of misconduct that, in the opinion of a regulator, warrants formal action, the regulator shall not resolve the complaint by a deferred settlement, action, judgment, or prosecution.

(b)  This subsection (2) does not apply to the following:


(I)  Repealed.


(II)  Article 140 of this title 12 concerning nontransplant tissue banks;


(III)  Article 150 of this title 12 concerning passenger tramways; and


(IV)  Article 255 of this title 12 concerning nurse aides.


(3)  Waiting period after revocation or surrender. (a) (I)  Except as provided in

subsections (3)(a)(III) and (3)(c) of this section, a person whose license, certification, or registration to practice a profession or occupation under this title 12 is revoked is ineligible to apply for a new license, certification, or registration under the part or article of this title 12 that governs the particular profession or occupation for two years after the date of revocation of the license, certification, or registration.

(II)  In addition, the waiting period specified in subsection (3)(a)(I) of this

section applies when a person regulated under any of the following articles surrenders a license, certification, or registration to avoid discipline:

(A)  Article 105 of this title 12 concerning barbers and cosmetologists;


(B)  Article 145 of this title 12 concerning outfitters and guides;


(C)  Repealed.


(C.5)  Article 165 of this title 12 concerning radon professionals;


(D)  Article 200 of this title 12 concerning acupuncturists;


(D.5)  Article 205 of this title 12 concerning athletic trainers;


(E)  Article 210 of this title 12 concerning audiologists;


(F)  Article 230 of this title 12 concerning hearing aid providers;


(G)  Article 235 of this title 12 concerning massage therapists;


(H)  Article 240 of this title 12 concerning medical practice;


(I)  Article 250 of this title 12 concerning naturopathic doctors;


(J)  Article 255 of this title 12 concerning nurses, certified midwives, and

nurse aides;

(K)  Article 270 of this title 12 concerning occupational therapists and

occupational therapy assistants;

(L)  Article 285 of this title 12 concerning physical therapists and physical

therapist assistants;

(M)  Article 300 of this title 12 concerning respiratory therapists;


(N)  Article 305 of this title 12 concerning speech-language pathologists; and


(O)  Article 310 of this title 12 concerning surgical assistants and surgical

technologists.

(III) (A)  For a person whose license as a nursing home administrator issued

under article 265 of this title 12 is revoked, the person is ineligible to apply for a new nursing home administrator license under that article for one year after the date of revocation.

(B)  For a person whose license, certification, or registration as a mental

health professional issued under article 245 of this title 12 is revoked, or who surrenders the license, certification, or registration to avoid discipline, the person is ineligible to apply for a new license, certification, or registration under that article for three years after the date of revocation or surrender.

(b)  This subsection (3) applies to a person enrolled as an engineer-intern

pursuant to part 2 of article 120 of this title 12 or as a land surveyor-intern under part 3 of article 120 of this title 12.

(c)  This subsection (3) does not apply to the following:


(I)  Article 110 of this title 12 concerning combative sports;


(II)  Repealed.


(III)  Article 140 of this title 12 concerning nontransplant tissue banks;


(IV)  Article 150 of this title 12 concerning passenger tramways;


(V)  Repealed.


(VI)  Article 215 of this title 12 concerning chiropractors; and


(VII)  Repealed.


(VIII)  Article 295 of this title 12 concerning psychiatric technicians.


(IX)  Repealed.


(4)  Letter of admonition. (a)  When a complaint or investigation discloses an

instance of misconduct that, in the opinion of a regulator, does not warrant formal action by the regulator but that should not be dismissed as being without merit, the regulator may issue and send a letter of admonition to the licensee, certificate holder, or registrant.

(b) (I)  When a regulator sends a letter of admonition to a licensee, certificate

holder, or registrant pursuant to subsection (4)(a) of this section, the regulator shall also advise the licensee, certificate holder, or registrant that the person has the right to request in writing, within twenty days after receipt of the letter, that the regulator initiate formal disciplinary proceedings to adjudicate the propriety of the conduct upon which the letter of admonition is based.

(II)  If the licensee, certificate holder, or registrant timely requests

adjudication, the regulator shall vacate the letter of admonition and shall process the matter by means of formal disciplinary proceedings.

(c)  Repealed.


(5)  Confidential letter of concern. (a)  When a complaint or investigation

discloses an instance of conduct that does not warrant formal action by a regulator and, in the opinion of the regulator, should be dismissed, but the regulator has noticed indications of possible errant conduct by the licensee, certificate holder, or registrant that could lead to serious consequences if not corrected, the regulator may or shall, in accordance with the part or article of this title 12 governing the particular profession or occupation, send the licensee, certificate holder, or registrant a confidential letter of concern.

(b)  This subsection (5) does not apply to the following:


(I)  Repealed.


(II)  Article 140 of this title 12 concerning nontransplant tissue banks; and


(III)  Article 150 of this title 12 concerning passenger tramways.


(IV) and (V)  Repealed.


(6)  Disposition of fines. (a)  Except as specified in subsection (6)(b) of this

section, a regulator shall transmit all fines collected pursuant to a part or article of this title 12 to the state treasurer, who shall credit them to the general fund.

(b)  The disposition of fines collected by:


(I)  The state electrical board is governed by section 12-115-122 (5)(a);


(II)  The director for violations of laws governing the activities of outfitters

and guides is governed by section 12-145-110 (3); and

(III)  The state plumbing board is governed by section 12-155-123 (4)(a).


(7)  Mistreatment of at-risk adult. A licensee, certificate holder, or registrant

substantiated in a case of mistreatment of an at-risk adult while performing professional duties shall provide the licensee's, certificate holder's, or registrant's professional license number to county adult protective services, upon request.

(8)  Discipline based solely on marijuana activity. (a)  Notwithstanding

subsection (1) of this section or any other provision in this title 12, a regulator shall not deny licensure, certification, or registration to an applicant or impose disciplinary action against a licensee, certificate holder, or registrant pursuant to subsection (1) of this section based solely on:

(I)  A civil or criminal judgment against the applicant, licensee, certificate

holder, or registrant regarding the consumption, possession, cultivation, or processing of marijuana, if the underlying action:

(A)  Was lawful and consistent with professional conduct and standards of

care within Colorado; and

(B)  Did not otherwise violate Colorado law;


(II)  Previous professional disciplinary action concerning the applicant's,

licensee's, certificate holder's, or registrant's professional licensure in this or any other state or territory of the United States, if the professional disciplinary action:

(A)  Was based solely on the applicant's, licensee's, certificate holder's, or

registrant's consumption, possession, cultivation, or processing of marijuana; and

(B)  Did not otherwise violate Colorado law.


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


(I)  Civil judgment means a final court decision and order resulting from a

civil lawsuit or a settlement in lieu of a final court decision.

(II)  Criminal judgment means a guilty verdict, a plea of guilty, a plea of nolo

contendere, or a deferred judgment or sentence.

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

744, � 1, effective October 1. L. 2020: (1)(b)(II)(C), (1)(c)(II)(E), (1)(d)(II)(K), (2)(b)(IV), and (3)(a)(II)(J) amended and (3)(c)(VII) repealed, (HB 20-1183), ch.157, p. 695, � 34, effective July 1; (1)(d)(II)(J.5) added, (HB 20-1216), ch. 190, p. 878, � 22, effective July 1; (1)(c)(II)(A), (1)(d)(II)(C), (2)(b)(I), (3)(c)(II), and (5)(b)(I) repealed, (HB 20-1286), ch. 269, p. 1312, � 8, effective July 10. L. 2021: (1)(b)(II)(B), (3)(c)(V), and (5)(b)(IV) repealed, (3)(a)(II)(D.5) added, and (4)(c) amended, (SB 21-147), ch. 174, p. 950, � 2, effective September 1; (3)(a)(II)(M), (3)(a)(II)(N), (3)(c)(VI), (3)(c)(VIII), (4)(c), (5)(b)(III), and (5)(b)(IV) amended, (3)(a)(II)(O) added, and (3)(c)(IX) and (5)(b)(V) repealed, (SB 21-092), ch. 139, p. 781, � 3, effective September 1; IP(4)(c) repealed, (SB 21-266), ch. 423, p. 2796, � 10, effective September 1; (3)(a)(II)(C.5) added, (HB 21-1195), ch. 398, p. 2645, � 3, effective September 7; (7) added, (HB 21-1123), ch. 106, p. 429, � 6, effective September 7. L. 2022: (1)(d)(II)(F) and (3)(a)(II)(C) repealed, (SB 22-212), ch. 421, p. 2967, � 21, effective August 10; (1)(d)(II)(M) amended, (HB 22-1235), ch. 442, p. 3101, � 3, effective August 10; (1)(c)(II)(C) repealed, (HB 22-1263), ch. 254, p. 1849, � 3, effective September 1. L. 2023: (8) added, (SB 23-265), ch. 252, p. 1433, � 1, effective May 24; (1)(d)(II)(J.5) and (3)(a)(II)(J) amended, (SB 23-167), ch. 261, p. 1531, � 22, effective May 25. Initiated 2024: (1)(d)(II)(M) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619.

Editor's note: (1)  This section is similar to former � 12-5.5-302 as it existed

prior to 2019.

(2) (a)  Amendments to subsections IP(4)(c) and (4)(c) by SB 21-092, SB 21-147, and SB 21-266 were harmonized.


(b)  Amendments to subsection (5)(b)(IV) by SB 21-092 and SB 21-147 were

harmonized.

(3)  Subsection (1)(d)(II)(M) was changed by Proposition 129, effective January

1, 2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:

FOR:  1,572,545


AGAINST:  1,407,814


Cross references: For the legislative declaration in HB 20-1216, see section 1

of chapter 190, Session Laws of Colorado 2020.

C.R.S. § 12-20-407

12-20-407. Unauthorized practice of profession or occupation - penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person:

(I)  Violates section 12-100-112 or 12-100-116 (1)(a);


(II)  Engages in or offers or attempts to engage in the conduct, promotion, or

performance of live boxing matches without an active license or permit issued under article 110 of this title 12;

(III)  Repealed.


(IV)  Engages in or works at or offers or attempts to engage in or work at the

business, trade, or calling of a residential, journeyworker, master, or apprentice plumber; a water conditioning contractor; a water conditioning installer; or a water conditioning principal without an active license, permit, or registration issued under article 155 of this title 12; or

(V)  Practices or offers or attempts to practice any of the following

professions or occupations without an active license, certification, or registration issued under the part or article of this title 12 governing the particular profession or occupation:

(A)  Barbering, hairstyling, esthetics, manicuring, or cosmetology, as

regulated under article 105 of this title 12;

(B)  The profession of an electrician, as regulated under article 115 of this title

12;

(C)  Professional engineering, as regulated under article 120 of this title 12;


(D)  Professional land surveying, as regulated under article 120 of this title 12;


(E)  Architecture, as regulated under article 120 of this title 12;


(F)  Landscape architecture, as regulated under article 130 of this title 12;


(G)  Acupuncture, as regulated under article 200 of this title 12;


(H)  Audiology, as regulated under article 210 of this title 12;


(I)  Chiropractic, as regulated under article 215 of this title 12;


(J)  Dentistry, dental therapy, or dental hygiene, as regulated under article

220 of this title 12;

(K)  Direct-entry midwifery, as regulated under article 225 of this title 12;


(L)  Practice as a hearing aid provider or engages in the practice of

dispensing, fitting, or dealing in hearing aids, as regulated under article 230 of this title 12;

(M)  Medicine, practice as a physician assistant, or practice as an

anesthesiologist assistant, as regulated under article 240 of this title 12;

(N)  Practice as a psychologist, social worker, marriage and family therapist,

licensed professional counselor, unlicensed psychotherapist, or addiction counselor, as regulated under article 245 of this title 12;

(O)  Practical or professional nursing or practice as a certified midwife, as

regulated under article 255 of this title 12;

(P)  Nursing home administration, as regulated under article 265 of this title

12;

(Q)  Optometry, as regulated under article 275 of this title 12;


(R)  Pharmacy or as a pharmacy technician, as regulated under article 280 of

this title 12;

(S)  Physical therapy, as regulated under part 1 of article 285 of this title 12;


(T)  Podiatry, as regulated under article 290 of this title 12;


(U)  Practice as a psychiatric technician, as regulated under article 295 of

this title 12;

(V)  Respiratory therapy, as regulated under article 300 of this title 12;


(W)  [Editor's note: This version of subsection (1)(a)(V)(W) is effective until

January 1, 2026.] Veterinary medicine or as a veterinary technician, as regulated under article 315 of this title 12; or

(W)  [Editor's note: This version of subsection (1)(a)(V)(W) is effective January

1, 2026.] Veterinary medicine or as a veterinary technician or veterinary professional associate, as regulated under article 315 of this title 12; or

(X)  Facilitating natural medicine services, as regulated under article 170 of

this title 12.

(b)  A person commits a class 2 misdemeanor and shall be punished as

provided in section 18-1.3-501 if the person engages in any of the following activities:

(I)  Repealed.


(II)  Practices or offers or attempts to practice athletic training without an

active registration issued under article 205 of this title 12;

(III)  Practices or offers or attempts to practice massage therapy without an

active license issued under article 235 of this title 12 or knowingly aids or abets the unlicensed practice of massage therapy;

(IV)  Practices or offers or attempts to practice occupational therapy without

an active license as required by and issued under article 270 of this title 12 for occupational therapists or occupational therapy assistants;

(V)  Practices or offers or attempts to practice speech-language pathology

without an active certification issued under article 305 of this title 12;

(VI)  Performs the duties of a surgical assistant or surgical technologist

without being registered under article 310 of this title 12; or

(VII)  Conducts radon measurement or radon mitigation, claims to be a radon

measurement professional or radon mitigation professional, or uses the title radon measurement professional or radon mitigation professional or any other title suggesting that the individual is qualified to perform radon measurement or radon mitigation without an active license issued under article 165 of this title 12.

(c)  A person who practices or offers or attempts to practice as a

naturopathic doctor without an active registration issued under article 250 of this title 12 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(d)  A person who violates section 12-285-202 or 12-285-203 without an

active certification issued under part 2 of article 285 of this title 12 to practice as a physical therapist assistant commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(e)  A person commits a class 6 felony and shall be punished as provided in

section 18-1.3-401 if the person practices or offers or attempts to practice any of the following professions or occupations and intentionally and fraudulently represents oneself as a licensed, certified, or registered professional or practitioner of any of the following:

(I)  Professional engineering, as regulated pursuant to article 120 of this title

12;

(II)  Architecture, as regulated pursuant to article 120 of this title 12;


(III)  Audiology, as regulated pursuant to article 210 of this title 12;


(IV)  Dentistry, as regulated pursuant to article 220 of this title 12;


(V)  Direct-entry midwifery, as regulated pursuant to article 225 of this title

12;

(VI)  Medicine, practice as a physician assistant, or practice as an

anesthesiologist assistant, as regulated pursuant to article 240 of this title 12;

(VII)  Professional nursing or practice as a certified midwife, as regulated

pursuant to article 255 of this title 12;

(VIII)  Nursing home administration, as regulated pursuant to article 265 of

this title 12;

(IX)  Optometry, as regulated pursuant to article 275 of this title 12;


(X)  Pharmacy or as a pharmacy technician, as regulated pursuant to article

280 of this title 12; or

(XI)  Respiratory therapy, as regulated pursuant to article 300 of this title 12.


(2)  The penalties for:


(a)  Engaging in unauthorized activities regarding mortuaries and crematories

are governed by section 12-135-108;

(b)  Violating article 140 of this title 12 concerning nontransplant tissue banks

are governed by section 12-140-108;

(c)  Engaging in unauthorized activities regarding passenger tramways are

governed by section 12-150-108 (4);

(d)  Engaging in unauthorized activities regarding nurse aide practice are

governed by section 12-255-215; and

(e)  Providing, or offering or attempting to provide, outfitting services without

an active registration issued under article 145 of this title 12 are governed by section 33-6-113.

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

753, � 1, effective October 1; (1)(a)(V)(R) amended, (HB 19-1242), ch. 434, p. 3756, � 16, effective October 1. L. 2020: (2)(d) amended, (HB 20-1183), ch. 157, p. 696, � 36, effective July 1; (1)(a)(V)(N) amended, (HB 20-1206), ch. 304, p. 1544, � 43, effective July 14. L. 2021: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII) added, (HB 21-1195), ch. 398, p. 2645, � 4, effective September 7; IP(1)(a) and IP(1)(b) amended, (SB 21-271), ch. 462, p. 3154, � 140, effective March 1, 2022. L. 2022: (1)(e) added, (HB 22-1257), ch. 69, p. 351, � 1, effective April 7; (1)(a)(V)(W) amended, (HB 22-1235), ch. 442, p. 3101, � 4, effective August 10; (1)(b)(I) repealed, (SB 22-212), ch. 421, p. 2968, � 22, effective August 10; (1)(a)(V)(J) amended, (SB 22-219), ch. 381, p. 2723, � 29, effective January 1, 2023. L. 2023: (1)(a)(V)(O), IP(1)(e), and (1)(e)(VII) amended, (SB 23-167), ch. 261, p. 1531, � 24, effective May 25; (1)(a)(V)(V) and (1)(a)(V)(W) amended and (1)(a)(V)(X) added, (SB 23-290), ch. 249, p. 1388, � 17, effective July 1. L. 2024: IP(1)(e) amended, (HB 24-1450), ch. 490, p. 3407, � 18, effective August 7; (1)(a)(IV) amended, (HB 24-1344), ch. 343, p. 2330, � 27, effective July 1, 2025. Initiated 2024: (1)(a)(V)(W) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619. L. 2025: (1)(a)(III) repealed, (2)(c) and (2)(d) amended, and (2)(e) added, (SB 25-174), ch. 310, p. 1615, � 8, effective August 6.

Editor's note: (1)  Subsection (1)(a) is similar to former � 12-23-119 (2);

subsection (1)(b) is similar to former � 12-58.5-104 (2); subsection (1)(c) is similar to former � 12-37.3-113; and subsection (1)(d) is similar to former � 12-41-216, as those sections existed prior to 2019.

(2)  Subsection (1)(a)(V)(W) was changed by Proposition 129, effective January

1, 2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:

FOR:  1,572,545


AGAINST:  1,407,814


Cross references: For the legislative declaration in SB 22-219, see section 1

of chapter 381, Session Laws of Colorado 2022.

C.R.S. § 12-20-408

12-20-408. Judicial review. (1) Except as specified in subsection (2) of this section, the court of appeals has initial jurisdiction to review all final actions and orders of a regulator that are subject to judicial review and shall conduct the judicial review proceedings in accordance with section 24-4-106 (11); except that, with regard only to cease-and-desist orders, a district court of competent jurisdiction has initial jurisdiction to review a final action or order of a regulator that is subject to judicial review and shall conduct the judicial review proceedings in accordance with section 24-4-106 (3) for the following:

(a)  Article 115 of this title 12 concerning electricians;


(b)  Part 4 of article 120 of this title 12 concerning architects;


(c)  Article 225 of this title 12 concerning direct-entry midwives;


(d)  Article 250 of this title 12 concerning naturopathic doctors;


(e)  Article 275 of this title 12 concerning optometrists; and


(f)  [Editor's note: This version of subsection (1)(f) is effective until January 1,

2026.] Article 315 of this title 12 concerning veterinarians and veterinary technicians.

(f)  [Editor's note: This version of subsection (1)(f) is effective January 1,

2026.] Article 315 of this title 12 concerning veterinarians, veterinary technicians, and veterinary professional associates.

(2)  A district court of competent jurisdiction has initial jurisdiction to review

all final actions and orders of a regulator that are subject to judicial review and shall conduct the judicial review proceedings in accordance with section 24-4-106 (3) for the following:

(a)  Repealed.


(b)  Article 130 of this title 12 concerning landscape architects;


(c)  Article 135 of this title 12 concerning mortuaries and crematories; and


(d)  Article 140 of this title 12 concerning nontransplant tissue banks.


(e) to (g)  Repealed.


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

756, � 1, effective October 1. L. 2020: (2)(a) repealed, (HB 20-1286), ch. 269, p. 1313, � 11, effective July 10; (2)(e) and (2)(f) amended and (2)(g) repealed, (HB 20-1218), ch. 299, p. 1484, � 4, effective September 1; (2)(e) amended and (2)(f) repealed, (HB 20-1219), ch. 300, p. 1494, � 7, effective September 1. L. 2022: (1)(f) amended, (HB 22-1235), ch. 442, p. 3101, � 5, effective August 10; (2)(c) and (2)(d) amended and (2)(e) repealed, (HB 22-1263), ch. 254, p. 1849, � 4, effective September 1. Initiated 2024: (1)(f) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619.

Editor's note: (1)  This section is similar to former � 12-42.5-125 as it existed

prior to 2019.

(2)  Amendments to subsection (2)(f) by HB 20-1218 and HB 20-1219 were

harmonized.

(3)  Subsection (1)(f) was changed by Proposition 129, effective January 1,

2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:

FOR:  1,572,545


AGAINST:  1,407,814

ARTICLE 30

Provisions Applicable to Health-Care

Professions and Occupations

Editor's note: This title 12 was repealed and reenacted, with relocations, in

1. This article 30 contains provisions from several former C.R.S. sections of this title 12 and article 34 of title 24, as they existed prior to 2019. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title 12, see the comparative tables located in the back of the index or https://leg.colorado.gov/sites/default/files/images/olls/title-12-2019-table.pdf.

PART 1

MISCELLANEOUS PROVISIONS APPLICABLE TO

HEALTH-CARE PROFESSIONS AND OCCUPATIONS

C.R.S. § 12-200-103

12-200-103. Definitions. As used in this article 200, unless the context otherwise requires:

(1)  Acupuncture means a system of health care based upon traditional and

contemporary medical concepts that employs acupuncture diagnosis, treatment, and adjunctive therapies for the promotion, maintenance, and restoration of health and the prevention of disease.

(1.5)  Acupuncture aide means an unlicensed individual performing tasks

delegated to the individual by, and under the supervision of, an acupuncturist in accordance with rules promulgated by the director pursuant to section 12-200-114.

(2)  Acupuncturist means a person who is licensed pursuant to this article

200 to perform acupuncture.

(3)  Guest acupuncturist means an acupuncturist who is:


(a)  Licensed, registered, certified, or regulated as an acupuncturist in

another jurisdiction;

(b)  In this state for the purpose of instruction or education for not more than

seven days within a three-month period; and

(c)  Under the direct supervision of a Colorado licensed acupuncturist or

licensed chiropractor while performing instruction or education.

(4)  Injection therapy means the injection of sterile herbs, vitamins,

minerals, homeopathic substances, or other similar substances specifically manufactured for nonintravenous injection into acupuncture points by means of hypodermic needles used primarily for the treatment of musculoskeletal pain. Permissible substances include saline, glucose, lidocaine, procaine, sterile herbs, vitamin B-12, traumeel, sarapin, and homeopathic substances. Injection therapy includes the use of epinephrine and oxygen as necessary for patient care and safety, including for the purpose of addressing any risk of allergic reactions when using injection substances.

(5) (a) (I)  Practice of acupuncture means the insertion and removal of

acupuncture needles, dry needling, injection therapy, the application of heat therapies to specific areas of the human body, and adjunctive therapies. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, thermal, electrical, and electromagnetic treatment; the recommendation of therapeutic exercises; and, subject to federal law, the recommendation of herbs and dietary guidelines. The practice of acupuncture is based upon traditional and contemporary medical concepts and utilizes western medicine diagnostic codes.

(II)  Practice of acupuncture includes:


(A)  The delegation of specified tasks to and the supervision of acupuncture

aides in the performance of tasks as specified in rules promulgated by the director pursuant to section 12-200-114; and

(B)  The provision of acupuncture services through telehealth.


(b)  Nothing in this article 200 authorizes an acupuncturist to perform the

practice of medicine; surgery; or spinal adjustment, manipulation, or mobilization.

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

1022, � 1, effective October 1. L. 2022: (1), (2), (4), and (5) amended and (1.5) added, (HB 22-1263), ch. 254, p. 1850, � 6, effective September 1.

Editor's note: This section is similar to former � 12-29.5-102 as it existed prior

to 2019.

C.R.S. § 12-240-107

12-240-107. Practice of medicine defined - exemptions from licensing requirements - unauthorized practice by physician assistants and anesthesiologist assistants - penalties - definitions - rules. (1) As used in this article 240, practice of medicine means:

(a)  Holding out one's self to the public within this state as being able to

diagnose, treat, prescribe for, palliate, or prevent any human disease; ailment; pain; injury; deformity; physical condition; or behavioral, mental health, or substance use disorder, whether by the use of drugs, surgery, manipulation, electricity, telemedicine, the interpretation of tests, including primary diagnosis of pathology specimens, images, or photographs, or any physical, mechanical, or other means whatsoever;

(b)  Suggesting, recommending, prescribing, or administering any form of

treatment, operation, or healing for the intended palliation, relief, or cure of a person's physical disease; ailment; injury; condition; or behavioral, mental health, or substance use disorder;

(c)  The maintenance of an office or other place for the purpose of examining

or treating persons afflicted with disease; injury; or a behavioral, mental health, or substance use disorder;

(d)  Using the title M.D., D.O., physician, surgeon, or any word or

abbreviation to indicate or induce others to believe that one is licensed to practice medicine in this state and engaged in the diagnosis or treatment of persons afflicted with disease; injury; or a behavioral, mental health, or substance use disorder, except as otherwise expressly permitted by the laws of this state enacted relating to the practice of any limited field of the healing arts;

(e)  Performing any kind of surgical operation upon a human being;


(f)  The practice of midwifery, except:


(I)  Services rendered by certified nurse-midwives or certified midwives

properly licensed and practicing in accordance with part 1 of article 255 of this title 12.

(II)  Repealed.


(g)  The delivery of telemedicine. Nothing in this subsection (1)(g) authorizes

physicians to deliver services outside their scope of practice or limits the delivery of health services by other licensed professionals, within the professional's scope of practice, using advanced technology, including, but not limited to, telehealth, as defined in section 10-16-123 (4)(e).

(2)  If a person who does not possess and has not filed a license to practice

medicine, practice as a physician assistant, or practice as an anesthesiologist assistant in this state, as provided in this article 240, and who is not exempted from the licensing requirements under this article 240, performs any of the acts that constitute the practice of medicine as defined in this section, the person shall be deemed to be practicing medicine, practicing as a physician assistant, or practicing as an anesthesiologist assistant in violation of this article 240.

(3)  A person may engage in, and shall not be required to obtain a license or a

physician training license under this article 240 with respect to, any of the following acts:

(a)  The gratuitous rendering of services in cases of emergency;


(b)  The occasional rendering of services in this state by a physician if the

physician:

(I)  Is licensed and lawfully practicing medicine in another state or territory of

the United States without restrictions or conditions on the physician's license;

(II)  Does not have any established or regularly used medical staff

membership or clinical privileges in this state;

(III)  Is not party to any contract, agreement, or understanding to provide

services in this state on a regular or routine basis;

(IV)  Does not maintain an office or other place for the rendering of such

services;

(V)  Has medical liability insurance coverage in the amounts required

pursuant to section 13-64-302 for the services rendered in this state; and

(VI)  Limits the services provided in this state to an occasional case or

consultation;

(c)  The practice of dentistry under the conditions and limitations defined by

the laws of this state;

(d)  The practice of podiatry under the conditions and limitations defined by

the laws of this state;

(e)  The practice of optometry under the conditions and limitations defined by

the laws of this state;

(f)  The practice of chiropractic under the conditions and limitations defined

by the laws of this state;

(g)  The practice of religious worship;


(h)  The practice of Christian Science, with or without compensation;


(i)  The performance by commissioned medical officers of the armed forces of

the United States of America or of the United States public health service or of the United States veterans administration of their lawful duties in this state as officers;

(j)  The rendering of nursing or midwifery services and delegated medical

functions by registered or other nurses or certified midwives in the lawful discharge of their duties;

(k)  The rendering of services by students currently enrolled in an approved

medical college;

(l)  The rendering of services, other than the prescribing of drugs, by persons

qualified by experience, education, or training, under the personal and responsible direction and supervision of a person licensed under the laws of this state to practice medicine, but nothing in this exemption shall be deemed to extend or limit the scope of any license, and this exemption shall not apply to persons otherwise qualified to practice medicine but not licensed to practice in this state;

(m)  The practice by persons licensed or registered under any law of this

state to practice a limited field of the healing arts not specifically designated in this section, under the conditions and limitations defined by the law;

(n)  The administration and monitoring of medications in facilities as provided

in part 3 of article 1.5 of title 25;

(o)  The rendering of acupuncture services subject to the conditions and

limitations provided in article 200 of this title 12;

(p)  The administration of nutrition or fluids through gastrostomy tubes as

provided in sections 25.5-10-204 (2)(j) and 27-10.5-103 (2)(i), as a part of residential or day program services provided through service agencies approved by the department of health care policy and financing pursuant to section 25.5-10-208;

(q) (I)  The administration of topical and aerosol medications within the scope

of physical therapy practice as provided in section 12-285-116 (2);

(II)  The performance of wound debridement under a physician's order within

the scope of physical therapy practice as provided in section 12-285-116 (3) or the performance of noninvasive wound debridement within the scope of practice as a physical therapist assistant as provided in section 12-285-210 (1)(f);

(r)  The rendering of services by an athletic trainer subject to the conditions

and limitations provided in article 205 of this title 12;

(s) (I)  The rendering of prescriptions by an advanced practice registered

nurse or certified midwife pursuant to section 12-255-112.

(II)  On or after July 1, 2010, a physician who serves as a preceptor or mentor

to an advanced practice registered nurse or certified midwife pursuant to sections 12-240-108 and 12-255-112 (4) shall have a license in good standing without disciplinary sanctions to practice medicine in Colorado and an unrestricted registration by the federal drug enforcement administration for the same schedules as the collaborating advanced practice registered nurse or certified midwife.

(III)  It is unlawful and a violation of this article 240 for any person,

corporation, or other entity to require payment or employment as a condition of entering into a mentorship relationship with an advanced practice registered nurse or a certified midwife pursuant to sections 12-240-108 and 12-255-112 (4), but the mentor may request reimbursement of reasonable expenses and time spent as a result of the mentorship relationship.

(t) (I)  The provision, to a treating physician licensed in this state, of the

results of laboratory tests, excluding histopathology tests and cytology tests, performed in a laboratory certified under the federal Clinical Laboratories Improvement Act of 1967, as amended, 42 U.S.C. sec. 263a, to perform high complexity testing, as the term is used in 42 CFR 493.1701 and any related or successor provision;

(II)  The provision, to a pathologist licensed in this state, of the results of

histopathology tests and cytology tests performed in a laboratory certified under the federal Clinical Laboratories Improvement Act of 1967, as amended, 42 U.S.C. sec. 263a, to perform high complexity testing, as the term is used in 42 CFR 493.1701 and any related or successor provision;

(u)  The rendering of services by any person serving an approved internship,

residency, or fellowship as defined by this article 240 for an aggregate period not to exceed sixty days;

(v)  A physician lawfully practicing medicine in another state or territory

providing medical services to athletes or team personnel registered to train at the United States Olympic training center at Colorado Springs or providing medical services at an event in this state sanctioned by the United States Olympic Committee. The physician's medical practice shall be contingent upon the requirements and approvals of the United States Olympic Committee and shall not exceed ninety days per calendar year.

(w)  The rendering of services by an emergency medical service provider

certified or licensed under section 25-3.5-203 if the services rendered are consistent with rules adopted under section 25-3.5-206 defining the duties and functions of emergency medical service providers;

(x)  Rendering complementary and alternative health-care services

consistent with section 6-1-724;

(y)  Practicing as a medical director pursuant to the Recognition of

Emergency Medical Services Personnel Licensure Interstate Compact Act, part 35 of article 60 of title 24, so long as the person is licensed in good standing in a state that has enacted and is a member of the compact.

(4)  Nothing in this section shall be construed to prohibit patient consultation

between a practicing physician licensed in Colorado and a practicing physician licensed in another state or jurisdiction.

(5)  All licensees designated or referred to in subsection (3) of this section,

who are licensed to practice a limited field of the healing arts, shall confine themselves strictly to the field for which they are licensed and to the scope of their respective licenses and shall not use any title, word, or abbreviation mentioned in subsection (1)(d) of this section, except to the extent and under the conditions expressly permitted by the law under which they are licensed.

(6) (a)  A physician assistant may not provide care unless the physician

assistant has entered into a collaborative agreement with a physician licensed in good standing pursuant to this article 240 or article 290 of this title 12 or a physician group.

(b)  With a collaborative agreement in place, a physician assistant licensed by

the board pursuant to section 12-240-113 may perform acts within the physician assistant's education, experience, and competency that constitute the practice of medicine and acts that physicians are authorized by law to perform to the extent and in the manner authorized by rules promulgated by the board, including prescribing and dispensing medication, including controlled substances.

(c)  The collaborative agreement must be kept on file at the physician

assistant's primary location of practice and be made available to the board upon request.

(d)  An act by a physician assistant that constitutes the practice of medicine

must be consistent with generally accepted standards of medical practice. A physician assistant shall collaborate with the appropriate health-care provider as indicated by the condition of the patient, the standard of care, and the physician assistant's education, experience, and competence.

(e)  An employer shall not require a licensed physician to enter into a

collaborative agreement as a condition of the physician's employment.

(f)  All prescriptions issued by a physician assistant must include the

physician assistant's name, the name and address of the health facility, and, if the health facility is a multispecialty organization, the name and address of the speciality clinic within the health facility where the physician assistant is practicing. The dispensing of prescription medication by a physician assistant is subject to section 12-280-120 (6)(a).

(g)  While performing acts included in the practice of medicine, as defined in

subsection (1) of this section, a physician assistant shall clearly identify oneself, both visually and verbally, as a physician assistant. An employer, physician, or physician group must identify to patients that a physician assistant providing care is a physician assistant.

(h)  Pursuant to section 12-240-135 (7), the board may apply for an injunction

to enjoin any person from performing medical acts that are in violation of this section or of any rules promulgated by the board.

(i)  This subsection (6) does not apply to any person who performs medical

tasks within the scope of the exemption specified in subsection (3)(l) of this section.

(j)  A physician assistant is liable for the care provided by the physician

assistant.

(k)  A physician assistant shall comply with the financial responsibility

requirements specified in section 13-64-301 (1) and rules adopted by the board pursuant to that section.

(l)  Pursuant to section 12-240-138 (1)(d)(I), a physician assistant is not

authorized to own a majority of a medical practice.

(7) (a)  A physician licensed in this state who practices as an anesthesiologist

may delegate tasks constituting the practice of medicine to an anesthesiologist assistant licensed pursuant to section 12-240-112 who has been educated and trained in accordance with rules promulgated by the board. The delegated medical tasks referred to in this subsection (7)(a) are limited to the medical functions that constitute the delivery or provision of anesthesia services as practiced by the supervising physician.

(b)  An anesthesiologist assistant shall perform delegated medical tasks only

under the direct supervision of a physician who practices as an anesthesiologist. A patient or the patient's representative shall be advised if an anesthesiologist assistant is involved in the care of a patient. Unless approved by the board, a supervising physician shall not concurrently supervise more than three anesthesiologist assistants; except that the board may, by rule, allow an anesthesiologist to supervise up to four anesthesiologist assistants on and after July 1, 2016. The board may consider information from anesthesiologists, anesthesiologist assistants, patients, and other sources when considering a ratio change of supervision of anesthesiologist assistants. Direct supervision of anesthesiologist assistants may be transferred between anesthesiologists of the same group or practice in accordance with generally accepted standards of care.

(c)  Nothing in this subsection (7) affects the practice of dentists and dental

assistants practicing pursuant to article 220 of this title 12.

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

1175, � 1, effective October 1; (3)(w) amended, (SB 19-242), ch. 396, p. 3532, � 27, effective October 1; (6)(b)(I) amended, (HB 19-1095), ch. 411, p. 3621, � 6, effective October 1. L. 2020: (3)(s)(II) amended, (HB 20-1402), ch. 216, p. 1044, � 20, effective June 30; (1)(f)(I) amended, (HB 20-1183), ch. 157, p. 699, � 46, effective July 1. L. 2021: (1)(g) amended, (HB 21-1190), ch. 152, p. 875, � 2, effective May 18. L. 2023: IP(1), (1)(f)(I), (3)(j), and (3)(s) amended, (SB 23-167), ch. 261, p. 1542, � 43, effective May 25; (6) amended, (SB 23-083), ch. 114, p. 406, � 1, effective August 7.

Editor's note: (1)  This section is similar to former � 12-36-106 as it existed

prior to 2019.

(2) (a)  Before its relocation in 2019, this section was amended in SB 19-242.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 31, 2019, to October 1, 2019, see SB 19-242, chapter 396, Session Laws of Colorado 2019.

(b)  Before its relocation in 2019, this section was amended in HB 19-1095.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1095, chapter 411, Session Laws of Colorado 2019.

(3)  Subsection (1)(f)(II)(B) provided for the repeal of subsection (1)(f)(II),

effective September 1, 2023. (See L. 2019, p. 1175.)

C.R.S. § 12-285-104

12-285-104. Definitions. As used in this article 285, unless the context otherwise requires:

(1)  Accredited physical therapy program means a program of instruction in

physical therapy that is accredited as set forth in section 12-285-110 (1)(a)(I).

(2)  Adverse action means disciplinary action taken by the board based

upon misconduct, unacceptable performance, or a combination of both and includes any action taken pursuant to the following:

(a)  Section 12-285-122, except for any action taken pursuant to subsection

(4) of that section;

(b)  Section 12-285-129;


(c)  Section 12-285-130;


(d)  Section 12-285-212, except for any action taken pursuant to subsection

(4) of that section;

(e)  Section 12-285-218; and


(f)  Section 12-285-219.


(3)  Board means the state physical therapy board created in section 12-285-105.


(4)  Physical therapist means a person who is licensed to practice physical

therapy. The term physiotherapist is synonymous with the term physical therapist.

(5)  Physical therapist assistant means a person who is required to be

certified under part 2 of this article 285 and who assists a physical therapist in selected components of physical therapy.

(6) (a) (I)  Physical therapy means the examination, physical therapy

diagnosis, treatment, or instruction of patients and clients to detect, assess, prevent, correct, alleviate, or limit physical disability, movement dysfunction, bodily malfunction, or pain from injury, disease, and other bodily conditions.

(II)  As used in this article 285, physical therapy includes:


(A)  The administration, evaluation, and interpretation of tests and

measurements of bodily functions and structures;

(B)  The planning, administration, evaluation, and modification of treatment

and instruction;

(C)  The use of physical agents, measures, activities, and devices for

preventive and therapeutic purposes, subject to the requirements of section 12-285-116;

(D)  The administration of topical and aerosol medications consistent with the

scope of physical therapy practice subject to the requirements of section 12-285-116;

(E)  The provision of consultative, educational, and other advisory services for

the purpose of reducing the incidence and severity of physical disability, movement dysfunction, bodily malfunction, and pain;

(F)  General wound care and wound debridement, including the assessment

and management of skin lesions, surgical incisions, open wounds, and areas of potential skin breakdown in order to maintain or restore the integumentary system. Wound debridement includes sharp debridement and nonsharp debridement, such as mechanical, autolytic, enzymatic, and maggot.

(G)  The authorization to directly recommend and prescribe durable medical

equipment to patients without requesting a prescription from a licensed physician; and

(H)  Ongoing review, integration, and understanding of a patient's or client's

prescription and nonprescription medication regimen, with consideration of its impact on health, function, movement, and disability.

(b)  As used in subsection (6)(a)(II) of this section:


(I)  Physical agents includes, but is not limited to, heat, cold, water, air,

sound, light, compression, electricity, and electromagnetic energy.

(II) (A)  Physical measures, activities, and devices includes resistive, active,

and passive exercise, with or without devices; joint mobilization; mechanical stimulation; biofeedback; dry needling; postural drainage; traction; positioning; massage; splinting; training in locomotion; other functional activities, with or without assistive devices; and correction of posture, body mechanics, and gait.

(B)  Biofeedback, as used in this subsection (6)(b)(II), means the use of

monitoring instruments by a physical therapist to detect and amplify internal physiological processes for the purpose of neuromuscular rehabilitation.

(III)  Tests and measurements means standard methods and techniques

used to obtain data about the patient or client, including diagnostic imaging and electrodiagnostic and electrophysiological tests and measures.

(7)  Physical therapy compact commission means the national

administrative body whose membership consists of all states that have enacted the Interstate Physical Therapy Licensure Compact Act, and as enacted in this state in part 37 of article 60 of title 24.

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

1504, � 1, effective October 1. L. 2022: (3) amended, (SB 22-162), ch. 469, p. 3397, � 135, effective August 10. L. 2024: (4), IP(6)(a)(II), (6)(a)(II)(E), (6)(a)(II)(F), and (6)(b)(III) amended and (6)(a)(II)(G) and (6)(a)(II)(H) added, (HB 24-1327), ch. 421, pp. 2875, 2876, �� 1, 5, effective August 7.

Editor's note: (1)  This section is similar to former � 12-41-103 as it existed

prior to 2019.

(2)  Subsection (6)(a)(II)(F) was amended in section 1 of HB 24-1327. Those

amendments were superseded by the amendment of subsection (6)(a)(II)(F) in section 5 of HB 24-1327.

Cross references: For the short title (the Debbie Haskins 'Administrative

Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

C.R.S. § 12-285-108

12-285-108. Limitations on authority. (1) Nothing in this article 285 authorizes a physical therapist to perform any of the following acts:

(a)  Practice of medicine, surgery, or any other form of healing except as

authorized by the provisions of this article 285; or

(b)  Use of roentgen rays and radioactive materials for therapeutic purposes;

the use of electricity for surgical purposes; or the diagnosis of disease.

(2)  Nothing in this section prevents a physical therapist from making a

physical therapy diagnosis within the physical therapist's scope of practice.

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

1509, � 1, effective October 1.

Editor's note: This section is similar to former � 12-41-105 as it existed prior

to 2019.

C.R.S. § 12-285-203

12-285-203. Limitations on authority. (1) Nothing in this part 2 authorizes a physical therapist assistant to perform any of the following acts:

(a)  Practice of medicine, surgery, or any other form of healing except as

authorized by this part 2; or

(b)  Use of roentgen rays and radioactive materials for therapeutic purposes,

use of electricity for surgical purposes, or diagnosis of disease.

(2)  A physical therapist assistant shall not practice physical therapy unless

the assistant works under the supervision of a licensed physical therapist.

(3)  A physical therapist assistant:


(a)  Shall not perform sharp wound debridement;


(b)  May perform general wound care and nonsharp debridement, including

mechanical, autolytic, enzymatic, and maggot, under the supervision of a physical therapist when debridement is consistent with the scope of physical therapy practice.

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

1531, � 1, effective October 1. L. 2024: (3) added, (HB 24-1327), ch. 421, p. 2878, � 9, effective August 7.

Editor's note: This section is similar to former � 12-41-203 as it existed prior

to 2019.

C.R.S. § 12-290-102

12-290-102. Definitions. As used in this article 290, unless the context otherwise requires:

(1)  Board means the Colorado podiatry board established pursuant to

section 12-290-105.

(2)  Podiatric physician or podiatrist means any person who practices

podiatry.

(3) (a)  Practice of podiatry or podiatric medicine means:


(I)  Holding out one's self to the public as being able to treat, prescribe for,

palliate, correct, or prevent any disease, ailment, pain, injury, deformity, or physical condition of the human toe, foot, ankle, tendons that insert into the foot, and soft tissue below the mid-calf, by the use of any medical, surgical, mechanical, manipulative, or electrical treatment, including complications thereof consistent with the scope of practice;

(II)  Suggesting, recommending, prescribing, or administering any podiatric

form of treatment, operation, or healing for the intended palliation, relief, or cure of any disease, ailment, injury, condition, or defect of the human toe, foot, ankle, tendons that insert into the foot, and soft tissue wounds below the mid-calf, including complications thereof consistent with the scope of practice; and

(III)  Maintaining an office or other place for the purpose of examining and

treating persons afflicted with disease, injury, or defect of the human toe, foot, ankle, tendons that insert into the foot, and soft tissue wounds below the mid-calf, including the complications thereof consistent with the scope of practice.

(b)  The practice of podiatry does not include the amputation of the foot or

the administration of an anesthetic other than a local anesthetic.

(c)  A podiatrist may only treat a soft tissue wound below the mid-calf if the

patient is being treated by a physician for his or her underlying medical condition or if the podiatrist refers the patient to a physician for further treatment of the underlying medical condition.

(4)  Soft tissue wound means a lesion to the musculoskeletal junction that

include dermal and sub-dermal tissue that do not involve bone removal or repair or muscle transfer.

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

1544, � 1, effective October 1.

Editor's note: This section is similar to former � 12-32-101 as it existed prior

to 2019.

C.R.S. § 12-30-111

12-30-111. Electronic prescribing of controlled substances - exceptions - rules - definitions. (1) (a) Except as provided in subsection (1)(b) of this section, on and after July 1, 2021, a prescriber shall prescribe a controlled substance, as defined in section 18-18-102 (5), that is included in schedule II, III, or IV pursuant to part 2 of article 18 of title 18, only by electronic prescription transmitted to a pharmacy unless:

(I)  At the time of issuing the prescription, electronic prescribing is not

available due to technological or electrical failure;

(II)  The prescription is to be dispensed at a pharmacy that is located outside

of this state;

(III)  The prescriber is dispensing the controlled substance to the patient;


(IV)  The prescription includes elements that are not supported by the most

recent version of the National Council for Prescription Drug Programs SCRIPT Standard and 21 CFR 1311;

(V)  The federal food and drug administration or drug enforcement

administration requires the prescription for the particular controlled substance to contain elements that cannot be satisfied with electronic prescribing;

(VI)  The prescription is not specific to a patient and allows dispensing of the

prescribed controlled substance:

(A)  Pursuant to a standing order, approved protocol of drug therapy, or

collaborative drug management or comprehensive medication management plan;

(B)  In response to a public health emergency; or


(C)  Under other circumstances that permit the prescriber to issue a

prescription that is not patient-specific;

(VII)  The prescription is for a controlled substance under a research protocol;


(VIII)  The prescriber writes twenty-four or fewer prescriptions for controlled

substances per year;

(IX)  The prescriber is prescribing a controlled substance to be administered

to a patient in a hospital, nursing care facility, hospice care facility, dialysis treatment clinic, or assisted living residence or to a person who is in the custody of the department of corrections;

(X)  The prescriber reasonably determines that the patient would be unable

to obtain controlled substances prescribed electronically in a timely manner and that the delay would adversely affect the patient's medical condition; or

(XI)  The prescriber demonstrates economic hardship in accordance with

rules adopted by the regulator pursuant to subsection (2)(b) of this section.

(b)  A prescriber who is a licensed dentist or who is practicing in a rural area

of the state or in a practice consisting of only one prescriber shall comply with this subsection (1) on and after July 1, 2023.

(2)  The regulator for each prescriber subject to this section shall adopt rules:


(a)  Defining what constitutes a temporary technological or electrical failure

for purposes of subsection (1)(a)(I) of this section; and

(b)  Defining economic hardship for purposes of subsection (1)(a)(XI) of this

section and establishing:

(I)  The process for a prescriber to demonstrate economic hardship, including

the information required to be submitted to allow the regulator to make a determination;

(II)  The period during which the economic hardship exception is effective,

which period must not exceed one year; and

(III)  A process for a prescriber to apply to renew an economic hardship

exception, including the information required to be submitted that demonstrates the prescriber's continuing need for the exception.

(3) (a)  This section does not:


(I)  Create a private right of action;


(II)  Serve as the basis of a cause of action; or


(III)  Establish a standard of care.


(b)  A violation of this section does not constitute negligence per se or

contributory negligence per se.

(4)  As used in this section:


(a)  Prescriber means:


(I)  A dentist licensed pursuant to article 220 of this title 12;


(II)  A physician or physician assistant licensed pursuant to article 240 of this

title 12;

(III)  An advanced practice registered nurse or certified midwife with

prescriptive authority pursuant to section 12-255-112;

(IV)  An optometrist licensed pursuant to article 275 of this title 12; or


(V)  A podiatrist licensed pursuant to article 290 of this title 12.


(b)  Rural area means a county located in a nonmetropolitan area in the

state that either:

(I)  Has no municipality within its territorial boundaries with fifty thousand or

more permanent residents based upon the most recent population estimates published by the United States census bureau; or

(II)  Satisfies alternate criteria for the designation of a rural area as may be

promulgated by the federal office of management and budget.

Source: L. 2019: Entire section added, (SB 19-079), ch. 86, p. 316, � 18,

effective October 1. L. 2023: (4)(a)(III) amended, (SB 23-167), ch. 261, p. 1533, � 30, effective May 25.

Editor's note: This section is similar to �� 12-32-107.7, 12-35-114.5, 12-36-117.9, 12-38-111.7, and 12-40-109.9 as added in SB 19-079. Those sections were

superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former sections in effect from August 2, 2019, to October 1, 2019, see SB 19-079, chapter 86, Session Laws of Colorado 2019.

C.R.S. § 13-1-302

13-1-302. Definitions. As used in this part 3, unless the context otherwise requires:

(1)  Commission means the underfunded courthouse facility cash fund

commission created in section 13-1-303.

(2)  Court security cash fund commission means the court security cash

fund commission created in section 13-1-203.

(3)  Fund means the underfunded courthouse facility cash fund created in

section 13-1-304.

(4)  Imminent closure of a court facility means a court facility with health,

life, or safety issues that impact court employees or other court users and that is designated for imminent closure by the state court administrator in consultation with the state's risk management system or other appropriate professionals. Health, life, or safety issues include air quality issues, water intrusion problems, temperature control issues, structural conditions that cannot reasonably be mitigated, fire hazards, electrical hazards, and utility problems. Certain health, life, or safety issues may require additional third-party evaluations such as an environmental or structural engineering review.

(5)  Master planning means entering into contracts for professional design

services or engineering consulting to determine construction or remodeling options, feasibility, or cost estimates for a proposed building project.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 692, � 1, effective

May 14.

C.R.S. § 13-10-102

13-10-102. Definitions. As used in this article, unless the context otherwise requires:

(1)  Municipal court includes police courts and police magistrate courts

created or existing under previous laws or under a municipal charter and ordinances.

(2)  Municipal judges includes police magistrates as defined and used in

previous laws.

(3)  Qualified municipal court of record means a municipal court

established by, and operating in conformity with, either local charter or ordinances containing provisions requiring the keeping of a verbatim record of the proceedings and evidence at trials by either electric devices or stenographic means, and requiring as a qualification for the office of judge of such court that he has been admitted to, and is currently licensed in, the practice of law in Colorado.

Source: L. 69: p. 273, � 1. C.R.S. 1963: � 37-22-1. L. 70: p. 150, � 2. L. 72: p.

266, � 2.

C.R.S. § 13-20-401

13-20-401. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Electroconvulsive treatment means electroshock therapy, shock

treatment, shock therapy, ECT, or EST and is the passage of electrical current through a patient's head in a voltage sufficient to induce a seizure.

(2)  Patient means the person upon whom a proposed electroconvulsive

treatment is to be performed; except that nothing in this part 4 supersedes the provisions of article 65 of title 27 or any rule adopted by the behavioral health administration in the department of human services pursuant to section 27-65-118 (2) with regard to the care and treatment of any person unable to exercise written informed consent or of a person with a mental health disorder.

(3)  Physician means a person licensed to practice medicine or osteopathy.


(4)  Sufficient information relating to the proposed electroconvulsive

treatment means information provided to the patient including, but not limited to, the following:

(a)  The reason for such treatment;


(b)  The nature of the procedures to be used in such treatment, including its

probable frequency and duration;

(c)  The probable degree and duration of improvement or remission expected

with or without such treatment;

(d)  The nature, degree, duration, and probability of the side effects and

significant risks of such treatment commonly known by the medical profession, especially noting the possible degree and duration of memory loss, the possibility of permanent irrevocable memory loss, and the remote possibility of death;

(e)  The reasonable alternative treatments and why the physician is

recommending electroconvulsive treatment;

(f)  That the patient has the right to refuse or accept the proposed treatment

and has the right to revoke his consent for any reason at any time, either orally or in writing;

(g)  That there is a difference of opinion within the medical profession on the

use of electroconvulsive treatment.

(5)  Written informed consent means consent to the proposed

electroconvulsive treatment which a person knowingly and intelligently, without duress of any sort, clearly and explicitly manifests to the treating physician in writing and which is otherwise given in compliance with the provisions of this part 4.

Source: L. 79: Entire part R&RE, p. 611, � 1, effective July 1. L. 94: (2)

amended, p. 2641, � 91, effective July 1. L. 2006: (2) amended, p. 1395, � 36, effective August 7. L. 2010: (2) amended, (SB 10-175), ch. 188, p. 782, � 17, effective April 29. L. 2017: (2) amended, (SB 17-242), ch. 263, p. 1293, � 108, effective May 25. L. 2022: (2) amended (HB 22-1278), ch. 222, p. 1492, � 13, effective July 1; (2) amended, (HB 22-1278), ch. 222, p. 1600, � 248, effective August 10; (2) amended, (HB 22-1256), ch. 451, p. 3226, � 20, effective August 10.

Editor's note: (1)  This section is similar to former � 13-20-401 as it existed

prior to 1979.

(2)  Amendments to subsection (2) by HB 22-1256 and HB 22-1278 were

harmonized.

Cross references: For the legislative declaration contained in the 1994 act

amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

C.R.S. § 13-20-802.5

13-20-802.5. Definitions. As used in this part 8, unless the context otherwise requires:

(1)  Action means a civil action or an arbitration proceeding for damages,

indemnity, or contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third party claim for damages or loss to, or the loss of use of, real or personal property or personal injury caused by a defect in the design or construction of an improvement to real property.

(2)  Actual damages means the fair market value of the real property

without the alleged construction defect, the replacement cost of the real property, or the reasonable cost to repair the alleged construction defect, whichever is less, together with relocation costs, and, with respect to residential property, other direct economic costs related to loss of use, if any, interest as provided by law, and such costs of suit and reasonable attorney fees as may be awardable pursuant to contract or applicable law. Actual damages as to personal injury means those damages recoverable by law, except as limited by the provisions of section 13-20-806 (4).

(3)  Claimant means a person other than the attorney general or the district

attorneys of the several judicial districts of the state who asserts a claim against a construction professional that alleges a defect in the construction of an improvement to real property.

(4)  Construction professional means an architect, contractor,

subcontractor, developer, builder, builder vendor, engineer, or inspector performing or furnishing the design, supervision, inspection, construction, or observation of the construction of any improvement to real property. If the improvement to real property is to a commercial property, the term construction professional shall also include any prior owner of the commercial property, other than the claimant, at the time the work was performed. As used in this subsection (4), commercial property means property that is zoned to permit commercial, industrial, or office types of use.

(4.5)  Multifamily construction incentive program or program means the

program created in section 13-20-803.3 (1).

(5)  Notice of claim means a written notice sent by a claimant to the last-known address of a construction professional against whom the claimant asserts a

construction defect claim that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect.

(6)  Program claim means all actions for damages, indemnity, or

contribution brought against a construction professional to assert a claim, counterclaim, cross-claim, or third-party claim for damages or loss to, or the loss of use of, real or personal property for which the builder is a participant in the program or for personal injury caused by a defect in the design or construction of an improvement to real property for which the builder is a participant in the program.

(7)  Third-party inspection means a program of inspections of a residential

housing unit performed over the course of construction on the unit and designed to assist the construction professional performing the construction on the unit in identifying and rectifying any instances in which the work being performed by the construction professional deviates from applicable building codes or construction standards. The construction professional who signs the building permit application shall, subsequent to filing the permit application and prior to the issuance of a certificate of occupancy, certify in writing filed with the building department that the third-party inspector was qualified and the inspection complies with the following requirements for any component, system, or improvement alleged to be defective:

(a)  The inspection was performed by either a licensed construction

professional or a building code inspector, electrical inspector, energy conservation code inspector, fire code inspector, or mechanical code inspector, if such inspector provides evidence of successful completion of the most recent version of the commercial building inspector examination by the International Code Council or its successor organization:

(I)  Who has expertise designing, constructing, or inspecting the component,

system, or improvement being inspected;

(II) (A)  Who is an independent third party not otherwise employed by or

affiliated with the construction professional who was involved in the development, design, or construction of the component, system, or improvement; or

(B)  Who is an inspector acting under the direction of an insurer providing a

commercial general liability policy of insurance purchased to insure the subject residential housing unit against property damage resulting from defects in the design or construction of the unit;

(III)  Who is responsible for performing the inspection duties with a

reasonable degree of care; and

(IV)  Who is not designated as a nonparty at fault pursuant to section 13-21-111.5 (3)(b); and


(b)  The inspection includes, for each component, system, or improvement, a

signed certification that, for each component, system, or improvement, verifies that:

(I)  The component, system, or improvement was included in approved

construction documents and specifications, including addendums issued during construction, under the valid seal of an architect or engineer licensed in Colorado;

(II) (A)  Prior to inspection by the building department, the component,

system, or improvement was subject to a field inspection and approval by the third-party inspector who certifies that, at the time of inspection, the component, system, or improvement was sufficiently accessible to determine compliance with and did comply with applicable manufacturer's instructions or recommendations, approved construction documents and specifications, including addendums issued during construction, and the applicable building codes.

(B)  If the field inspection does not include every location where the

component, system, or improvement is constructed, the signed certification must include the permit number; the date of inspection; the type of inspection; the contractor's name and license number; the street address of the job location; the name, address, and telephone number of the inspector who performed the inspection; and a statement that the inspector inspected a sufficient number of locations to conclude with a reasonable degree of certainty that every location of the component, system, or improvement complies with the applicable manufacturer's instructions or recommendations, approved construction documents and specifications, including addendums issued during construction, and the applicable building codes.

(III)  The construction professional successfully repaired or resolved any

instance of noncompliant design or construction identified during an inspection and that the component, system, or improvement complies with the applicable manufacturer's instructions or recommendations and approved construction documents and specifications, including addendums issued during construction; and

(c)  The inspection is not an inspection performed by or on behalf of a

governmental authority having jurisdiction over the residential housing unit as a condition of any permitting or the issuance of a certificate of occupancy.

Source: L. 2003: Entire section added, p. 1361, � 2, effective April 25. L.

2025: (4.5), (5.5), and (6) added, (HB 25-1272), ch. 183, p. 783, � 2, effective August 6.

Editor's note: (1)  Subsections (6) and (7) were numbered as subsections (5.5)

and (6), respectively, in HB 25-1272 but were renumbered on revision for ease of location.

(2)  Section 8(2) of chapter 183 (HB 25-1272), Session Laws of Colorado

2025, provides that the act changing this section applies to construction defect claims brought on or after August 6, 2025.

Cross references: For the short title (Colorado American Dream Act) and

the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.

C.R.S. § 13-20-803.3

13-20-803.3. Multifamily construction incentive program - created - construction defect claims against architects and engineers - statute of limitations - affirmative defenses. (1) The multifamily construction incentive program is created. On and after January 1, 2026, a builder of multifamily, attached housing of two or more units may participate in the program by:

(a)  Providing a warranty that covers any defect and damage at no cost to the

homeowner for a minimum period of:

(I)  One year for workmanship and materials;


(II)  Two years for plumbing, electrical, and materials; and


(III)  Six years for major structural components;


(b)  Having a third-party inspection performed; and


(c)  Recording a notice of election to participate in the multifamily

construction incentive program in the real property records of the county in which the property is located for the project intended to be covered before the unit is offered for sale. After recording a notice of election to participate, a builder may withdraw from the program only before the issuance of the last certificate of occupancy for the project.

(2) (a)  Except as provided in subsection (3) of this section, a person must file

with a complaint a certificate of review in compliance with section 13-20-602 for a construction defect action that is:

(I)  Against a construction professional who is an architect or engineer; and


(II)  For a program claim.


(b)  The certificate of review filed in accordance with subsection (2)(a) of this

section must, based on facts known to the party filing the certificate of review:

(I)  Set forth the architect's or engineer's negligence, including any act or

omission in providing advice, exercising judgment, giving an opinion, or exercising a similar professional skill; and

(II)  Declare that the individual consulted can demonstrate by competent

evidence that, as a result of training, education, knowledge, and experience, the consultant is competent to express an opinion as to the negligence, including an act or omission, alleged.

(c)  If a claimant fails to file the certificate of review required in this

subsection (2), the court shall dismiss the complaint against the defendant unless the claimant shows good cause for the failure.

(3)  A claimant is not required to comply with the certificate of review

requirements of subsection (2) of this section if:

(a)  A claim is for construction in which a governmental entity contracted with

a single entity to provide both design and construction services for the construction, rehabilitation, alteration, or repair of a facility, a building or an associated structure, a civil works project, or a highway project; or

(b)  The period of limitation or repose could reasonably expire within ten days

after the date of filing and, because of the time constraint, the claimant has alleged that a certificate of review by a third-party architect or engineer could not be prepared. A claimant that does not file a certificate of review under this section shall supplement the complaint with a certificate of review within twenty-eight days after the filing of the complaint; except that a court may, on motion and for good cause, grant a claimant additional time to file the certificate of review.

(4)  A defendant that designates an architect or engineer as a nonparty at

fault in accordance with section 13-21-111.5 (3)(b) must file a subsequent certificate of review that complies with subsection (2) of this section and section 13-20-602. The defendant shall file a certificate of review at least forty-five days prior to any trial or proceeding on the claim. If the defendant fails to file the certificate of review as required in this subsection (4), a court shall not consider the negligence or fault of the nonparty.

(5)  Subsections (2) to (4) of this section do not:


(a)  Extend the applicable period of limitation or repose; or


(b)  Apply to a suit or action for the payment of fees arising out of the

provision of professional services.

(6)  A person shall not assert a program claim unless the defect has resulted

in one or more of the following:

(a)  Actual damage to real or personal property;


(b)  Actual loss of the use of real or personal property;


(c)  Actual bodily injury or wrongful death;


(d)  An unreasonable reduction in the capability of, or an actual failure of, a

building component to perform an intended function or purpose; or

(e)  An unreasonable risk of bodily injury or death to, or a threat to the life,

health, or safety of, the occupants of the residential property.

(7) (a) (I)  If the defendant is a construction professional who is not an

architect or engineer and who has provided the claimant a written warranty for the residence that complies with subsection (1)(a) of this section, and if the claimant discovered or should have discovered the alleged defect or damage within the longest applicable warranty period, the claimant must bring the suit not later than six years after the substantial completion of the improvement.

(II)  If the defendant is a construction professional who is an architect or

engineer, and the construction professional performed in a manner consistent with the degree of skill and care ordinarily exercised by members of the same profession currently practicing under the same or similar circumstances, the claimant must bring the suit not later than six years after the substantial completion of the improvement.

(b)  If a claim involves a defect or damage that is covered by the warranty

described in subsection (7)(a) of this section, the claimant shall pursue all reasonable remedies available under the warranty process before bringing an action for damages. The statute of limitations and repose shall be tolled from the date the claimant first pursued a remedy available under the warranty for no more than one year or until the completion of the warranty process, whichever is longer.

(c)  Section 13-80-104 (2) and (3) applies to the limitation of claims in this

subsection (7).

(8) (a)  For program claims, a construction professional who makes a

reasonable offer pursuant to subsection (9) of this section may be immune, in whole or in part, from an obligation, damage, loss, or liability under this part 8 related to or arising out of the construction defect, but only with respect to the portion of the claimant's damages, if any, the construction professional can demonstrate by a preponderance of the evidence were proximately caused or increased by an affirmative defense specified in subsections (8)(b) and (8)(c) of this section and not by the construction defect.

(b)  A construction professional is not liable for a damage or defect to the

extent the professional can prove, as an affirmative defense, that the damage or defect was caused:

(I)  By a weather condition, earthquake, or other natural phenomenon in

excess of the design criteria expressed by the applicable building codes, regulations, and ordinances in effect at the time of original construction;

(II)  By a human-caused event, such as war, terrorism, or vandalism;


(III)  By a homeowner's unreasonable failure to timely mitigate damages as

required in section 13-20-803.5 (1);

(IV)  By the homeowner or the homeowner's agent, employee, or construction

professional by virtue of their failure to follow the builder's or manufacturer's maintenance recommendations or to do commonly accepted homeowner maintenance obligations. In order to rely upon this defense as it relates to a construction professional's recommended maintenance schedule, the construction professional must show that the homeowner had written notice of these maintenance schedules and recommendations and that the maintenance recommendations and schedules were reasonable at the time they were issued and that the damage or defect did not directly prevent the homeowner from performing the recommended maintenance.

(V)  After sale or transfer of ownership to the claimant, by:


(A)  The homeowner's or homeowner's agent's alterations;


(B)  Ordinary wear and tear;


(C)  Misuse of the structure or component;


(D)  Abuse of the structure or component;


(E)  Neglect of the structure or component; or


(F)  The use of the structure or component for something other than the

structure's or component's intended purpose.

(c)  A construction professional may assert an affirmative defense to the

extent that:

(I)  The damage was caused by a particular violation covered by a valid

release obtained by the construction professional, if the release is enforceable against the claimant, was executed with knowledge of the particular violation, and does not violate section 13-20-806 (7); or

(II)  The construction professional's repair completed pursuant to section 13-20-803.5 (3) was successful in correcting the particular violation and any damage

resulting from the violation of the applicable standard.

(d)  The affirmative defenses set forth in this subsection (8) are in addition to,

and shall not limit, impair, replace, or otherwise affect, any other defense available to a construction professional under statute or common law.

(9) (a)  For program claims, a construction professional and the insurer, as

defined in section 10-1-102 (13), providing coverage related to the claim shall send or deliver to the claimant, by certified mail, return receipt requested, or by personal service:

(I)  An offer to settle the claim by:


(A)  Payment of a sum certain; or


(B)  Agreeing to remedy the claimed defect described in the notice of claim;


(II)  A written response that:


(A)  Identifies the standards that apply to the claimed defect's construction

or performance; and

(B)  Explains why the claimed defect does not require repair; or


(III)  A written response that explains the construction professional's scope of

work and why the claimed defect is not within the work and responsibility of the construction professional.

(b)  A written offer to remedy a construction defect must include a report of

the scope of the inspection, the findings and results of the inspection, a description of the additional construction work necessary to remedy the defect described in the notice of claim and all damage to the improvement to real property caused by the defect, and a timetable for the completion of the remedial construction work.

(c)  The construction professional shall provide an offer pursuant to

subsection (9)(a)(I) of this section within ninety days after the deadline to inspect the property and claimed defect pursuant to section 13-20-803.5 or a written response pursuant to subsection (9)(a)(II) or (9)(a)(III) of this section within thirty days after the deadline to inspect the property and claimed defect pursuant to section 13-20-803.5. Notwithstanding any provision in a contract or any requirement in the governing documents, if a construction professional requests an extension to provide an offer pursuant to subsection (9)(a)(I) of this section and the claimant does not agree to the requested extension, the parties shall designate a mutually agreeable third party in writing to determine whether the requested extension is reasonable. Notwithstanding any other provision in this section, the total time to provide an offer must not exceed two hundred ten days after the date of the notice of claim by the construction professional providing an offer pursuant to subsection (9)(a)(I) of this section.

(d)  If a claimant unreasonably rejects a reasonable written offer of

settlement made pursuant to this subsection (9) and subsequently commences an action against the construction professional, the court may award attorney fees and costs to the construction professional.

(e)  If a construction professional fails to make a reasonable written offer of

settlement pursuant to this subsection (9), the limitations on damages and defenses to liability provided in subsections (2), (5), (6), (7), and (8) of this section do not apply, and the court may award attorney fees and costs to the claimant.

(f) (I)  A construction professional's written offer of settlement is reasonable,

and a claimant's rejection of the offer is unreasonable, if the claimant recovers a final judgment in an amount that is less than the amount offered or the reasonable value of the repair offered by the construction professional.

(II)  A construction professional's written offer of settlement is unreasonable,

and a claimant's rejection of the offer is reasonable, if the claimant recovers a final judgment in an amount that exceeds the amount offered or the reasonable value of the repair offered by the construction professional.

(10) (a)  Within thirty days after the rejection of an offer made pursuant to

subsection (9) of this section, a claimant shall provide a construction professional with a written proposal to have the construction defect repaired at the construction professional's expense or to settle the claim.

(b)  If the construction professional does not accept the proposal provided by

the claimant pursuant to subsection (10)(a) of this section in writing within fifteen days after delivery of the proposal, the proposal is deemed to have been rejected.

(c)  If the construction professional accepts the proposal provided by the

claimant pursuant to subsection (10)(a) of this section, the construction professional shall pay the claimant's reasonable attorney fees and costs incurred in investigating the defect and proposing the repair.

(11)  Nothing in this section:


(a)  Affects the Colorado Governmental Immunity Act, article 10 of title 24,

or section 13-20-806 (7); or

(b)  Prohibits, limits, or impairs a contractual claim or expands the definition

of action in section 13-20-802.5 (1).

Source: L. 2025: Entire section added, (HB 25-1272), ch. 183, p. 785, � 3,

effective August 6.

Editor's note: Section 8(2) of chapter 183 (HB 25-1272), Session Laws of

Colorado 2025, provides that the act adding this section applies to construction defect claims brought on or after August 6, 2025.

Cross references: For the short title (Colorado American Dream Act) and

the legislative declaration in HB 25-1272, see section 1 of chapter 183, Session Laws of Colorado 2025.

C.R.S. § 13-21-108.1

13-21-108.1. Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity - definition. (1) The general assembly hereby declares that it is the intent of the general assembly to encourage the use of automated external defibrillators for the purpose of saving the lives of people in cardiac arrest.

(2)  As used in this section, unless the context otherwise requires, AED or

defibrillator means an automated external defibrillator that:

(a)  Has received approval of its premarket notification filed pursuant to 21

U.S.C. sec. 360 (k) from the federal food and drug administration;

(b)  Is capable of recognizing the presence or absence of ventricular

fibrillation or rapid ventricular tachycardia, and is capable of determining, without intervention by an operator, whether defibrillation should be performed; and

(c)  Upon determining that defibrillation should be performed, automatically

charges and requests delivery of an electrical impulse to an individual's heart.

(3) (a)  In order to ensure public health and safety, a person or entity who

acquires an AED shall ensure that:

(I)  Expected AED users receive training in cardiopulmonary resuscitation

(CPR) and AED use through a course that meets nationally recognized standards and is approved by the department of public health and environment;

(II)  The defibrillator is maintained and tested according to the

manufacturer's operational guidelines and that written records are maintained of this maintenance and testing;

(III)  (Deleted by amendment, L. 2009, (SB 09-010), ch. 52, p. 186, � 1, effective

March 25, 2009.)

(IV)  Written plans are in place concerning the placement of AEDs, training of

personnel, preplanned coordination with the emergency medical services system, medical oversight, AED maintenance, and reporting of AED utilization; and

(V)  Any person who renders emergency care or treatment to a person in

cardiac arrest by using an AED activates the emergency medical services system as soon as possible.

(b)  Any person or entity that acquires an AED shall notify an agent of the

applicable emergency communications or vehicle dispatch center of the existence, location, and type of AED.

(4) (a)  Any person or entity whose primary duties do not include the provision

of health care and who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall not be liable for any civil damages for acts or omissions made in good faith as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment, unless the acts or omissions were grossly negligent or willful and wanton.

(b)  The limited immunity provided in subsection (4)(a) of this section extends

to:

(I)  Repealed.


(II)  The person or entity who provides the CPR and AED site placement;


(III)  Any person or entity that provides teaching or training programs for CPR

to the site at which the AED is placed, which programs include training in the use of an AED; and

(IV)  The person or entity responsible for the site where the AED is located.


(c)  The limited immunity provided in this subsection (4) applies regardless of

whether the requirements of subsection (3) of this section are met; except that the person or entity responsible for the site where the AED is located shall receive the limited immunity only if the requirements of subparagraph (II) of paragraph (a) of subsection (3) of this section are met.

(5)  The requirements of subsection (3) of this section shall not apply to any

individual using an AED during a medical emergency if that individual is acting as a good samaritan under section 13-21-108.

Source: L. 99: Entire section added, p. 349, � 1, effective April 16. L. 2005:

(3)(a)(I) amended, p. 384, � 2, effective August 8. L. 2009: (3)(a)(III), (3)(a)(IV), (3)(a)(V), (4)(b), and (4)(c) amended, (SB 09-010), ch. 52, p. 186, � 1, effective March 25. L. 2025: (2), (3)(a)(IV), and IP(4)(b) amended and (4)(b)(I) repealed, (SB 25-191), ch. 164, p. 664, � 1, effective May 5.

C.R.S. § 13-4-102

13-4-102. Jurisdiction. (1) Any provision of law to the contrary notwithstanding, the court of appeals shall have initial jurisdiction over appeals from final judgments of, and interlocutory appeals of certified questions of law in civil cases pursuant to section 13-4-102.1 from, the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver, except in:

(a)  Repealed.


(b)  Cases in which a statute, a municipal charter provision, or an ordinance

has been declared unconstitutional;

(c)  Cases concerned with decisions or actions of the public utilities

commission;

(d)  Water cases involving priorities or adjudications;


(e)  Writs of habeas corpus;


(f)  Cases appealed from the county court to the district court, as provided in

section 13-6-310;

(g)  Review actions of the Colorado dental board in refusing to issue or renew

or in suspending or revoking a license to practice dentistry, dental therapy, or dental hygiene, as provided in section 12-220-208;

(h)  Cases appealed from the district court granting or denying

postconviction relief in a case in which a sentence of death has been imposed for an offense charged prior to July 1, 2020.

(2)  The court of appeals has initial jurisdiction to:


(a)  Review awards or actions of the industrial claim appeals office, as

provided in articles 43 and 74 of title 8, C.R.S.;

(b)  Review orders of the banking board granting or denying charters for new

state banks, as provided in article 102 of title 11, C.R.S.;

(c)  (Deleted by amendment, L. 2006, p. 761, � 19, effective July 1, 2006.)


(d)  Review all final actions and orders appropriate for judicial review of the

Colorado podiatry board, as provided in section 12-290-115;

(e)  Review all final actions and orders appropriate for judicial review of the

Colorado state board of chiropractic examiners, as provided in section 12-215-122;

(f)  Review actions of the Colorado medical board in refusing to grant or in

revoking or suspending a license or in placing the holder thereof on probation, as provided in section 12-240-127;

(g)  Review actions of the Colorado dental board in refusing to issue or renew

or in suspending or revoking a license to practice dentistry, dental therapy, or dental hygiene, as provided in section 12-220-208;

(h)  Review all final actions and orders appropriate for judicial review of the

state board of nursing, as provided in articles 255 and 295 of title 12;

(i)  Review actions of the state board of optometry in refusing to grant or

renew, revoking, or suspending a license, issuing a letter of admonition, or placing a licensee on probation or under supervision, as provided by section 12-275-122 (2);

(j)  Review all final actions and orders appropriate for judicial review of the

director of the division of professions and occupations, as provided in article 285 of title 12;

(k)  Review all final actions and orders appropriate for judicial review of the

state board of pharmacy, as provided in section 12-280-128;

(l)  Review decisions of the board of education of a school district in

proceedings for the dismissal of a teacher, as provided in section 22-63-302 (10), C.R.S.;

(m)  Review final decisions or orders of the Colorado real estate commission,

as provided in parts 2 and 5 of article 10 of title 12;

(m.5)  Repealed.


(n)  Review final decisions and orders of the Colorado civil rights commission,

as provided in parts 3, 4, and 7 of article 34 of title 24, C.R.S.;

(o)  Repealed.


(p)  Review decisions of the state personnel board, as provided in section 24-50-125.4, C.R.S.;


(q)  Review final actions and orders appropriate for judicial review of the

state electrical board, as provided in article 115 of title 12;

(r)  Review all final actions and orders appropriate for judicial review of the

state board of licensure for architects, professional engineers, and professional land surveyors, as provided in section 12-120-407 (4);

(s)  Review final actions and orders of the boards, as defined in section 12-245-202 (1), that are appropriate for judicial review and final actions;


(t)  (Deleted by amendment, L. 2008, p. 426, � 25, effective August 5, 2008.)


(u)  Review all final actions and orders appropriate for judicial review of the

coal mine board of examiners, as provided in section 34-22-107 (8), C.R.S.;

(v)  Review final actions and orders of the director of the division of

professions and occupations appropriate for judicial review, as provided in section 12-145-116;

(w)  Review final actions and orders appropriate for judicial review of the

examining board of plumbers;

(x)  Review decisions of the board of assessment appeals, as provided in

section 39-8-108 (2), C.R.S.;

(y) and (z)  Repealed.


(aa)  (Deleted by amendment, L. 98, p. 818, � 14, effective August 5, 1998.)


(bb)  Repealed.


(cc)  Review final actions and orders appropriate for judicial review of the

securities commissioner, as provided in section 11-59-117, C.R.S.;

(dd)  Review final actions and orders appropriate for judicial review of the

commissioner of insurance, pursuant to title 10, C.R.S.;

(ee)  Review final actions and orders appropriate for judicial review of the

Colorado racing commission, as provided in section 44-32-507 (4);

(ff)  Review final actions and orders appropriate for judicial review of the

Colorado passenger tramway safety board, as provided in section 12-150-109;

(gg)  Repealed.


(hh)  Review final actions and orders appropriate for judicial review of the

state board of veterinary medicine, as provided in section 12-315-113;

(ii)  Review all final actions and orders appropriate for judicial review of the

director of the division of professions and occupations, as provided in section 12-225-109 (4);

(jj)  Review all final actions and orders appropriate for judicial review of the

executive director of the department of labor and employment, as provided in section 8-20-104, C.R.S.;

(kk)  Review all final actions and orders appropriate for judicial review of the

director of the division of professions and occupations in the department of regulatory agencies, as provided in section 12-270-114 (8);

(ll)  Repealed.


(mm)  Review final decisions or orders of the administrator as provided in

article 20 of title 5; and

(nn)  Review final decisions or orders of the administrator as provided in

article 21 of title 5.

(3)  The court of appeals shall have authority to issue any writs, directives,

orders, and mandates necessary to the determination of cases within its jurisdiction.

(4)  (Deleted by amendment, L. 95, p. 235, � 4, effective April 17, 1995.)


Source: L. 69: p. 265, � 1. C.R.S. 1963: � 37-21-2. L. 73: p. 358, � 2. L. 74: (1)(a)

repealed, p. 236, � 4, effective July 1. L. 75: (2) amended, p. 555, � 2, effective April 9; (2) amended, p. 459, � 9, effective July 1. L. 77: (2) amended, p. 717, � 2, effective July 1. L. 78: (2) amended, p. 302, � 4, effective July 1. L. 79: (2) amended, p. 919, � 1, effective July 1; (2) amended, p. 803, � 5, effective July 1; (2) amended, p. 553, � 1, effective March 1, 1980. L. 80: (1)(g) amended, p. 438, � 2, effective January 1, 1981. L. 83: (2) amended, p. 473, � 4, effective April 5. L. 85: (2) amended, p. 566, � 12, effective July 1; (2) amended, p. 484, � 2, effective July 1; (2) amended, p. 532, � 12, effective July 1; (2) amended, p. 505, � 21, effective July 1; (2) amended, p. 510, � 8, effective July 1; (2) amended, p. 538, � 13, effective July 1; IP(1) and (1)(f) amended, p. 570, � 3, effective November 14, 1986. L. 86: (2) amended, p. 978, � 9, effective April 3; (2) amended, p. 653, � 31, effective July 1; (2) amended, p. 498, � 116, effective July 1; (2) amended, p. 621, � 34, effective July 1; (2) amended, p. 1217, � 14, effective July 1. L. 88: (2)(x) added, p. 1305, � 14, effective April 29; (2)(o) and (2)(p) amended and (2)(u) added, p. 1199, � 9, effective May 3; (2)(o) and (2)(p) amended and (2)(r) added, p. 470, � 12, effective July 1; (2)(o) amended and (2)(s) and (2)(t) added, p. 568, � 6, effective July 1; (2)(o) and (2)(p) amended and (2)(v) added, p. 582, � 2, effective July 1; (2)(q) added, p. 502, � 22, effective July 1; (2)(w) added, p. 593, � 19, effective July 1. L. 89: (2)(m) amended, p. 744, � 23, effective April 3; (2)(y), (2)(z), and (2)(aa) added, pp. 728, 747, 406, �� 31, 4, 6, effective July 1. L. 89, 1st Ex. Sess.: (2)(bb) added, p. 13, � 3, effective July 7. L. 90: (2)(l) amended, p. 1128, � 2, effective July 1. L. 91: (2)(cc) added, p. 2425, � 4, effective June 8; (2)(a) amended and (4) added, p. 1337, � 54, effective July 1. L. 92: (2)(dd) added, p. 1613, � 167, effective May 20; (1)(b) amended, p. 271, � 1, effective July 1. L. 93: (2)(ee) added, p. 1235, � 2, effective July 1; (2)(ee) added, p. 1033, � 14, effective July 1; (2)(ff) added, p. 1532, � 1, effective July 1. L. 94: (2)(y) repealed, p. 705, � 7, effective April 19; (1)(h) added, p. 1474, � 3, effective July 1. L. 95: (2)(a) and (4) amended, p. 235, � 4, effective April 17; (2)(f) amended, p. 1072, � 24, effective July 1; (2)(aa) amended, p. 419, � 6, effective July 1. L. 98: (2)(s) amended, p. 1158, � 28, effective July 1; (2)(gg) added, p. 1186, � 4, effective July 1; (2)(o) and (2)(aa) amended, p. 818, � 14, effective August 5. L. 2001: (2)(ii) added, p. 1260, � 8, effective June 5; (2)(hh) added, p. 480, � 13, effective July 1. L. 2003: (2)(jj) added, p. 1828, � 21, effective May 21; (2)(b) amended, p. 1209, � 18, effective July 1. L. 2004: (2)(c) amended, p. 1310, � 52, effective May 28; (2)(g) amended, p. 857, � 2, effective July 1. L. 2006: (2)(c) and (2)(r) amended, p. 761, � 19, effective July 1. L. 2008: (2)(kk) added, p. 830, � 3, effective July 1; (2)(s) and (2)(t) amended, p. 426, � 25, effective August 5. L. 2010: (2)(f) amended, (HB 10-1260), ch. 403, p. 1985, � 70, effective July 1; IP(1) amended, (HB 10-1395), ch. 364, p. 1719, � 1, effective August 11. L. 2011: IP(2) and (2)(i) amended, (SB 11-094), ch. 129, p. 451, � 29, effective April 22; IP(2) and (2)(s) amended, (SB 11-187), ch. 285, p. 1326, � 66, effective July 1. L. 2012: (2)(z) amended, (HB 12-1297), ch. 139, p. 506, � 4, effective April 26; (2)(k) amended, (HB 12-1311), ch. 281, p. 1617, � 33, effective July 1. L. 2013: (2)(m.5) added, (HB 13-1277), ch. 352, p. 2054, � 4, effective January 1, 2015. L. 2014: (2)(kk) amended and (2)(ll) added, (HB 14-1398), ch. 353, p. 1646, � 3, effective June 6; (2)(g) amended, (HB 14-1227), ch. 363, p. 1736, � 41, effective July 1. L. 2016: (1)(g) amended, (SB 16-189), ch. 210, p. 758, � 22, effective June 6. L. 2018: (2)(gg) amended, (SB 18-1375), ch. 274, p. 1696, � 9, effective May 29; (2)(ee) amended, (HB 18-1024), ch. 26, p. 321, � 8, effective October 1; (2)(gg) amended, (SB 18-036), ch. 34, p. 377, � 4, effective October 1. L. 2019: (2)(o) repealed, (SB 19-241), ch. 390, p. 3463, � 6, effective August 2; (2)(mm) added, (SB 19-002), ch. 157, p. 1872, � 4, effective August 2; (2)(d), (2)(e), (2)(f), (2)(g), (2)(h), (2)(i), (2)(j), (2)(k), (2)(m), (2)(o), (2)(q), (2)(r), (2)(s), (2)(v), (2)(bb), (2)(ff), (2)(hh), (2)(ii), and (2)(kk) amended, (HB 19-1172), ch. 136, p. 1661, � 66, effective October 1. L. 2020: (1)(h) amended, (SB 20-100), ch. 61, p. 204, � 2, effective March 23; (2)(m.5) repealed, (HB 20-1402), ch. 216, p. 1045, � 23, effective June 30; (2)(bb) repealed, (HB 20-1183), ch. 157, p. 699, � 49, effective July 1; (2)(gg) repealed, (HB 20-1001), ch. 302, p. 1516, � 13, effective July 14; (1)(g) amended, (HB 20-1056), ch. 64, p. 262, � 4, effective September 14; (2)(kk) amended and (2)(ll) repealed, (HB 20-1217), ch. 93, p. 369, � 3, effective September 14. L. 2021: (2)(kk) amended, (SB 21-003), ch. 4, p. 29, � 6, effective January 21; (2)(nn) added, (HB 21-1282), ch. 482, p. 3444, � 2, effective January 1, 2022. L. 2022: (1)(g) and (2)(g) amended, (SB 22-219), ch. 381, p. 2724, � 32, effective January 1, 2023.

Editor's note: (1)  Amendments to subsection (2) by House Bill 79-1234 and

Senate Bill 79-038 were harmonized with Senate Bill 79-099, effective March 1, 1980.

(2)  Amendments to subsection (2) by Senate Bill 85-013, Senate Bill 85-049,

House Bill 85-1030, House Bill 85-1031, House Bill 85-1032, and House Bill 85-1209 were harmonized.

(3)  Amendments to subsection (2) by Senate Bill 86-011, Senate Bill 86-012,

Senate Bill 86-165, House Bill 86-1029, and House Bill 86-1268 were harmonized.

(4)  Amendments to subsection (2)(ee) by House Bill 93-1034 and House Bill

93-1268 were harmonized.

(5)  Amendments to subsection (2)(gg) by HB 18-1375 and SB 18-036 were

harmonized.

(6)  Subsection (2)(o) was amended in HB 19-1172, effective October 1, 2019.

However, those amendments were superseded by the repeal of subsection (2)(o) in SB 19-241, effective August 2, 2019.

Cross references: For the legislative declaration contained in the 2003 act

enacting subsection (2)(jj), see section 1 of chapter 279, Session Laws of Colorado 2003. For the legislative declaration in SB 19-002, see section 1 of chapter 157, Session Laws of Colorado 2019. For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.

C.R.S. § 14-10-122

14-10-122. Modification and termination of provisions for maintenance, support, and property disposition - automatic lien - definitions. (1) (a) Except as otherwise provided in sections 14-10-112 (6) and 14-10-115 (11)(c), the provisions of any decree respecting maintenance may be modified only as to installments accruing subsequent to the motion for modification and only upon a showing of changed circumstances so substantial and continuing as to make the terms unfair, and, except as otherwise provided in subsection (5) of this section, the provisions of any decree respecting child support may be modified only as to installments accruing subsequent to the filing of the motion for modification and only upon a showing of changed circumstances that are substantial and continuing or on the ground that the order does not contain a provision regarding medical support, such as insurance coverage, payment for medical insurance deductibles and copayments, or unreimbursed medical expenses. The trial court retains continuing jurisdiction to modify a decree respecting maintenance or child support pursuant to this section during the pendency of an appeal. The court shall not revoke or modify the provisions as to property disposition unless the court finds the existence of conditions that justify the reopening of a judgment.

(b)  Application of the child support guidelines and schedule of basic child

support obligations set forth in section 14-10-115 to the circumstances of the parties at the time of the filing of a motion for modification of the child support order which results in less than a ten percent change in the amount of support due per month shall be deemed not to be a substantial and continuing change of circumstances.

(c)  In any action or proceeding in any court of this state in which child

support, maintenance when combined with child support, or maintenance is ordered, a payment becomes a final money judgment, referred to in this section as a support judgment, when it is due and not paid. Such payment is not retroactively modified except pursuant to subsection (1)(a) of this section and may be enforced as other judgments without further action by the court; except that an existing child support order with respect to child support payable by the obligor may be modified retroactively to the time that a mutually agreed upon change of physical custody occurs pursuant to subsection (5) of this section. A support judgment is entitled to full faith and credit and may be enforced in any court of this state or any other state. In order to enforce a support judgment, the obligee shall file with the court that issued the order a verified entry of support judgment specifying the period of time that the support judgment covers and the total amount of the support judgment for that period. The obligee or the delegate child support enforcement unit is not required to wait fourteen days to execute on such support judgment. However, a copy of the verified entry of support judgment must be provided to all parties pursuant to rule 5 of the Colorado rules of civil procedure, upon filing with the court. A verified entry of support judgment is not required to be signed by an attorney. A verified entry of support judgment may be used to enforce a support judgment for debt entered pursuant to section 14-14-104. The filing of a verified entry of support judgment revives all individual support judgments that have arisen during the period of time specified in the entry of support judgment and that have not been satisfied, pursuant to rule 54 (h) of the Colorado rules of civil procedure, without the requirement of a separate motion, notice, or hearing. Notwithstanding the provisions of this subsection (1)(c), no court order for support judgment nor verified entry of support judgment is required in order for the county and state child support enforcement units to certify past-due amounts of child support to the internal revenue service or to the department of revenue for purposes of intercepting a federal or state tax refund or lottery winnings.

(d)  If maintenance or child support is modified pursuant to this section, the

modification should be effective as of the date of the filing of the motion, unless the court finds that it would cause undue hardship or substantial injustice or unless there has been a mutually agreed upon change of physical custody as provided for in subsection (5) of this section. In no instance shall the order be retroactively modified prior to the date of filing, unless there has been a mutually agreed upon change of physical custody. The court may modify installments of maintenance or child support due between the filing of the motion and the entry of the order even if the circumstances justifying the modification no longer exist at the time the order is entered.

(1.5) (a)  Lien by operation of law. (I)  Commencing July 1, 1997, all cases in

which services are provided in accordance with Title IV-D of the federal Social Security Act, as amended, referred to in this subsection (1.5) as IV-D cases, shall be subject to the provisions of this subsection (1.5), regardless of the date the order for child support was entered. In any IV-D case in which current child support, child support when combined with maintenance, or maintenance has been ordered, a payment becomes a support judgment when it is due and not paid, and a lien therefor is created by operation of law against the obligor's real and personal property and any interest in any such real or personal property. The entry of an order for child support debt, retroactive child support, or child support arrearages or a verified entry of judgment pursuant to this section creates a lien by operation of law against the obligor's real and personal property and any interest in any such real and personal property.

(II)  The amount of such lien shall be limited to the amount of the support

judgment for outstanding child support, child support when combined with maintenance, maintenance, child support debt, retroactive child support, or child support arrearages, any interest accrued thereon, and the amount of any filing fees as specified in this section.

(III)  A support judgment or lien shall be entitled to full faith and credit and

may be enforced in any court of this state or any other state. Full faith and credit shall be accorded to such a lien arising from another state that complies with the provisions of this subsection (1.5). Judicial notice or hearing or the filing of a verified entry of judgment shall not be required prior to the enforcement of such a lien.

(IV)  The creation of a lien pursuant to this section shall be in addition to any

other remedy allowed by law.

(b)  Lien on real property. (I)  To evidence a lien on real property created

pursuant to this subsection (1.5), a delegate child support enforcement unit shall issue a notice of lien and record the same in the real estate records in the office of the clerk and recorder of any county in the state of Colorado in which the obligor holds an interest in real property. From the time of recording of the notice of lien, such lien shall be an encumbrance in favor of the obligee, or the assignee of the obligee, and shall encumber any interest of the obligor in any real property in such county.

(II)  The lien on real property created by this section shall remain in effect for

the earlier of twelve years or until all past-due amounts are paid, including any accrued interest and costs, without the necessity of renewal. A lien on real property arising pursuant to this subsection (1.5) may be extended or renewed indefinitely beyond twelve years by rerecording the lien every twelve years. Within twenty calendar days after satisfaction of the debt or debts described in the notice of lien, the delegate child support enforcement unit shall record a release of lien with the clerk and recorder of the county where the notice of lien was recorded. A release of lien shall be conclusive evidence that the lien is extinguished.

(III)  The child support enforcement unit shall be exempt from the payment of

recording fees charged by the clerk and recorder for the recording of notices of lien or releases of lien.

(c)  Lien on personal property other than wages, insurance claim payments,

awards, and settlements, and money held by a financial institution as defined in 42 U.S.C. sec. 669a (d)(1) or motor vehicles. (I) To evidence a lien on personal property, other than wages; insurance claim payments, awards, and settlements as authorized in section 26-13-122.7; accounts as authorized in section 26-13-122.3; and money held by a financial institution as defined in 42 U.S.C. sec. 669a (d)(1) or motor vehicles, created pursuant to this subsection (1.5), the state child support enforcement agency shall file a notice of lien with the secretary of state by means of direct electronic data transmission. From the time of filing the notice of lien with the secretary of state, the lien is an encumbrance in favor of the obligee, or the assignee of the obligee, and encumbers all personal property or any interest of the obligor in any personal property.

(II)  The lien on personal property created by this section shall remain in

effect for the earlier of twelve years or until all past-due amounts are paid, including any accrued interest and costs, without the necessity of renewal. A lien on personal property arising pursuant to this subsection (1.5) may be extended or renewed indefinitely beyond twelve years by rerecording the lien every twelve years. Within twenty calendar days after satisfaction of the debt or debts described in the notice of lien, the state child support enforcement agency shall file a release of lien with the secretary of state. The filing of such a release of lien shall be conclusive evidence that the lien is extinguished.

(III)  The state child support enforcement agency shall be exempt from

paying a fee for the filing of notices of liens or releases of liens with the secretary of state pursuant to this paragraph (c).

(IV)  For purposes of this paragraph (c), personal property means property

that the child support enforcement agency has determined has a net equity value of not less than five thousand dollars at the time of the filing of the notice of lien with the secretary of state.

(d)  Lien on motor vehicles. (I) (A)  To evidence a lien on a motor vehicle

created pursuant to this subsection (1.5), a delegate child support enforcement unit shall issue a notice of lien to the authorized agent as defined in section 42-6-102 (1.5) by first-class mail. From the time of filing of the lien for public record and the notation of such lien on the owner's certificate of title, such lien shall be an encumbrance in favor of the obligee, or the assignee of the obligee, and must encumber any interest of the obligor in the motor vehicle. In order for any such lien to be effective as a valid lien against a motor vehicle, the obligee, or assignee of the obligee, shall have such lien filed for public record and noted on the owner's certificate of title in the manner provided in sections 42-6-121 and 42-6-129.

(B)  Liens on motor vehicles created by this section shall remain in effect for

the same period of time as any other lien on motor vehicles as specified in section 42-6-127, C.R.S., or until the entire amount of the lien is paid, whichever occurs first. A lien created pursuant to this section may be renewed pursuant to section 42-6-127, C.R.S. Within twenty calendar days after satisfaction of the debt or debts described in the notice of lien, the delegate child support enforcement unit shall release the lien pursuant to the procedures specified in section 42-6-125, C.R.S. When a lien on a motor vehicle created pursuant to this subsection (1.5) is released, the authorized agent and the executive director of the department of revenue shall proceed as provided in section 42-6-126, C.R.S.

(C)  The child support enforcement unit shall not be exempt from the

payment of filing fees charged by the authorized agent for the filing of either the notice of lien or the release of lien. However, the child support enforcement unit may add the amount of the filing fee to the lien amount and collect the amount of such fees from the obligor.

(II)  For purposes of this subsection (1.5), motor vehicle means any self-propelled vehicle that is designed primarily for travel on the public highways and

that is generally and commonly used to transport persons and property over the public highways, trailers, semitrailers, and trailer coaches, without motive power; that has a net equity value based upon the loan value identified for such vehicle in the national automobile dealers' association car guide of not less than five thousand dollars at the time of the filing of the notice of lien and that meets such additional conditions as the state board of human services may establish by rule; and on which vehicle a lien already exists that is filed for public record and noted accordingly on the owner's certificate of title. Motor vehicle does not include low-power scooters, as defined in section 42-1-102, C.R.S.; vehicles that operate only upon rails or tracks laid in place on the ground or that travel through the air or that derive their motive power from overhead electric lines; farm tractors, farm trailers, and other machines and tools used in the production, harvesting, and care of farm products; and special mobile machinery or industrial machinery not designed primarily for highway transportation. Motor vehicle does not include a vehicle that has a net equity value based upon the loan value identified for such vehicle in the national automobile dealers' association car guide of less than five thousand dollars at the time of the filing of the notice of lien and does not include a vehicle that is not otherwise encumbered by a lien or mortgage that is filed for public record and noted accordingly on the owner's certificate of title.

(e)  Priority of a lien. (I)  A lien on real property created pursuant to this

section shall be in effect for the earlier of twelve years or until all past-due amounts are paid and shall have priority over all unrecorded liens and all subsequent recorded or unrecorded liens from the time of recording, except such liens as may be exempted by regulation of the state board of human services. A lien on real property arising pursuant to this subsection (1.5) may be extended or renewed indefinitely beyond twelve years by rerecording the lien every twelve years.

(II)  A lien on personal property, other than motor vehicles, created pursuant

to this section shall be in effect for the earlier of twelve years or until all past-due amounts are paid and shall have priority from the time the lien is filed with the central filing officer over all unfiled liens and all subsequent filed or unfiled liens, except such liens as may be exempted by regulation of the state board of human services. A lien on personal property arising pursuant to this subsection (1.5) may be extended or renewed indefinitely beyond twelve years by rerecording the lien every twelve years.

(III)  Liens on motor vehicles created pursuant to this section shall remain in

effect for the same period of time as any other lien on motor vehicles as specified in section 42-6-127, C.R.S., or until all past-due amounts are paid, whichever occurs first, and shall have priority from the time the lien is filed for public record and noted on the owner's certificate of title over all unfiled liens and all subsequent filed or unfiled liens, except such liens as may be exempted by regulation of the state board of human services.

(f)  Notice of lien - contents. (I)  The notice of lien must contain the following

information:

(A)  The name and address of the delegate child support enforcement unit

and the name of the obligee or the assignee of the obligee as grantee of the lien;

(B)  The name, social security number, and last-known address of the obligor

as grantor of the lien;

(C)  The year, make, and vehicle identification number of any motor vehicle

for liens arising pursuant to paragraph (d) of this subsection (1.5);

(D)  A general description of the personal property for liens arising pursuant

to paragraph (c) of this subsection (1.5);

(E)  The county and court case number of the court of record that issued the

order of current child support, child support debt, retroactive child support, child support arrearages, child support when combined with maintenance, or maintenance or of the court of record where the verified entry of judgment was filed;

(F)  The date the order was entered;


(G)  The date the obligation commenced;


(H)  The amount of the order for current child support, child support debt,

retroactive child support, child support arrearages, child support when combined with maintenance, or maintenance;

(I)  The total amount of past-due support as of a date certain; and


(J)  A statement that interest may accrue on all amounts ordered to be paid,

pursuant to sections 14-14-106 and 5-12-101, and may be collected from the obligor in addition to costs of sale, attorney fees, licensed legal paraprofessional fees, and any other costs or fees incident to the sale for liens arising pursuant to subsections (1.5)(b) and (1.5)(c) of this section.

(II)  For purposes of liens against motor vehicles, the notice of lien shall

include the information set forth in subparagraph (I) of this paragraph (f) in addition to the information specified in section 42-6-120, C.R.S.

(g)  Rules. The state board of human services shall promulgate rules and

regulations concerning the procedures and mechanism by which to implement this subsection (1.5).

(h)  Bona fide purchasers - bona fide lenders. (I)  The provisions of this

subsection (1.5) shall not apply to any bona fide purchaser who acquires an interest in any personal property or any motor vehicle without notice of the lien or to any bona fide lender who lent money to the obligor without notice of the lien the security or partial security for which is any personal property or motor vehicle of such obligor.

(II)  For purposes of this paragraph (h):


(A)  Bona fide purchaser means a purchaser for value in good faith and

without notice of an adverse claim, including but not limited to an automatic lien arising pursuant to this subsection (1.5).

(B)  Bona fide lender means a lender for value in good faith and without

notice of an adverse claim, including but not limited to an automatic lien arising pursuant to this subsection (1.5).

(i)  No liability. No clerk and recorder, authorized agent as defined in section

42-6-102 (1.5), financial institution, lienholder, or filing officer, nor any employee of any of such persons or entities, shall be liable for damages for actions taken in good faith compliance with this subsection (1.5).

(j)  Definition. For purposes of this subsection (1.5), child support debt shall

have the same meaning as set forth in section 26-13.5-102 (3), C.R.S.

(2) (a)  Unless otherwise agreed in writing or expressly provided in the

decree, the obligation to pay future maintenance is terminated upon the earlier of:

(I)  The death of either party;


(II)  The end of the maintenance term, unless a motion for modification is filed

prior to the expiration of the term;

(III)  The remarriage of or the establishment of a civil union by the party

receiving maintenance; or

(IV)  A court order terminating maintenance.


(b)  A payor spouse whose income is reduced or terminated due to his or her

retirement after reaching full retirement age is entitled to a rebuttable presumption that the retirement is in good faith.

(c)  For purposes of this subsection (2), full retirement age means the

payor's usual or ordinary retirement age when he or she would be eligible for full United States social security benefits, regardless of whether he or she is ineligible for social security benefits for some reason other than attaining full retirement age. Full retirement age shall not mean early retirement age if early retirement is available to the payor spouse, nor shall it mean maximum benefit retirement age if additional benefits are available as a result of delayed retirement.

(3)  Unless otherwise agreed in writing or expressly provided in the decree,

provisions for the support of a child are terminated by emancipation of the child but not by the death of a parent obligated to support the child. When a parent obligated to pay support dies, the amount of support may be modified, revoked, or commuted to a lump-sum payment, to the extent just and appropriate in the circumstances.

(4)  Notwithstanding the provisions of subsection (1) of this section, the

provisions of any decree respecting child support may be modified as a result of the change in age for the duty of support as provided in section 14-10-115 (15), but only as to installments accruing subsequent to the filing of the motion for modification; except that section 14-10-115 (15)(b) does not apply to modifications of child support orders with respect to a child who has already achieved the age of nineteen as of July 1, 1991.

(5)  Notwithstanding the provisions of subsection (1) of this section, when a

court-ordered, voluntary, or mutually agreed upon change of physical care occurs, the provisions for child support of the obligor under the existing child support order, if modified pursuant to this section, will be modified or terminated as of the date when physical care was changed. The provisions for the establishment of a child support order based on a court-ordered, voluntary, or mutually agreed upon change of physical care may also be entered retroactively to the date when the physical care was changed. When a court-ordered, voluntary, or mutually agreed upon change of physical care occurs, parties are encouraged to avail themselves of the provision set forth in section 14-10-115 (14)(a) for updating and modifying a child support order without a court hearing. The court shall not modify child support pursuant to this subsection (5) for any time more than five years prior to the filing of the motion to modify child support, unless the court finds that its application would be substantially inequitable, unjust, or inappropriate. The five-year prohibition on retroactive modification does not preclude a request for relief pursuant to any statute or court rule.

(6) (a)  Notwithstanding any other provisions of this article, within the time

frames set forth in paragraph (c) of this subsection (6), the individual named as the father in the order may file a motion to modify or terminate an order for child support entered pursuant to this article if genetic test results based on DNA testing, administered in accordance with section 13-25-126, C.R.S., establish the exclusion of the individual named as the father in the order as the biological parent of the child for whose benefit the child support order was entered.

(b)  If the court finds pursuant to paragraph (a) of this subsection (6) that the

individual named as the father in the order is not the biological parent of the child for whose benefit the child support order was entered and that it is just and proper under the circumstances and in the best interests of the child, the court shall modify the provisions of the order for support with respect to that child by terminating the child support obligation as to installments accruing subsequent to the filing of the motion for modification or termination, and the court may vacate or deem as satisfied, in whole or in part, unpaid child support obligations arising from or based upon the order determining parentage. The court shall not order restitution from the state for any sums paid to or collected by the state for the benefit of the child.

(c) (I)  A motion to modify or terminate an order for child support pursuant to

this subsection (6) must be filed within two years from the date of the entry of the initial order establishing the child support obligation.

(II)  Repealed.


(d)  Notwithstanding subsections (6)(a) and (6)(b) of this section, a court order

for child support must not be modified or terminated pursuant to this subsection (6) if:

(I)  The child support obligor acknowledged paternity pursuant to section 19-4-105 (1)(c) or (2)(a.5) knowing that he was not the father of the child;


(II)  The child was adopted by the child support obligor; or


(III)  The child was conceived by means of assisted reproduction.


(e)  A motion filed pursuant to this section may be brought by the individual

named as the father in the order and shall be served in the manner set forth in the Colorado rules of civil procedure upon all other parties. The court shall not modify or set aside a final order determining parentage pursuant to this section without a hearing.

(f)  For purposes of this subsection (6), DNA means deoxyribonucleic acid.


Source: L. 71: R&RE, p. 529, � 1. C.R.S. 1963: � 46-1-22. L. 86: (1) amended, p.

724, � 3, effective November 1. L. 87: (1)(c) added, p. 587, � 4, effective July 10. L. 88: (1)(c) amended, p. 633, � 7, effective July 1. L. 89: (1)(a) and (1)(c) amended, p. 792, � 16, effective July 1. L. 90: (1)(c) amended, p. 891, � 11, effective July 1. L. 91: (4) and (5) added, pp. 238, 253, �� 2, 8, effective July 1. L. 92: (1)(d) added, p. 203, � 10, effective August 1. L. 93: (1)(a) amended, p. 1557, � 2, effective July 1. L. 97: (1)(c) amended, p. 561, � 6, effective July 1; (1.5) added, p. 1266, � 9, effective July 1. L. 98: (1)(a), (1)(c), (1)(d), and (5) amended, p. 764, � 14, effective July 1; (5) amended, p. 1400, � 46, effective February 1, 1999. L. 99: (1.5)(c), (1.5)(e)(II), and (1.5)(i) amended, p. 751, � 21, effective January 1, 2000. L. 2000: (1.5)(b)(II) amended, p. 1704, � 1, effective July 1. L. 2001: (1.5)(c) amended, p. 1445, � 38, effective July 1. L. 2004: (1.5)(b)(II), (1.5)(c)(II), (1.5)(e)(I), and (1.5)(e)(II) amended, p. 386, � 2, effective July 1. L. 2007: (1)(b), (4), and (5) amended, p. 107, � 3, effective March 16. L. 2008: (6) added, p. 1656, � 3, effective August 15. L. 2009: (1.5)(d)(II) amended, (HB 09-1026), ch. 281, p. 1258, � 19, effective October 1. L. 2010: (1.5)(d)(II) amended, (HB 10-1172), ch. 320, p. 1493, � 18, effective October 1. L. 2012: (1)(c) amended, (SB 12-175), ch. 208, p. 831, � 28, effective July 1. L. 2013: (1.5)(c)(I) amended, (HB 13-1300), ch. 316, p. 1675, � 35, effective August 7; (1)(a) and (5) amended, (HB 13-1209), ch. 103, p. 354, � 3, effective January 1, 2014; (2) amended, (HB 13-1058), ch. 176, p. 652, � 2, effective January 1, 2014. L. 2014: (2)(a)(III) amended, (HB 14-1379), ch. 307, p. 1300, � 2, effective May 31. L. 2016: (1.5)(c)(I) and (5) amended, (HB 16-1165), ch. 157, pp. 490, 496, �� 2, 8, effective January 1, 2017. L. 2017: (1.5)(d)(I)(A) and (1.5)(i) amended, (SB 17-294), ch. 264, p. 1391, � 30, effective May 25. L. 2019: (1)(c) and (1.5)(c)(I) amended, (HB 19-1215), ch. 270, p. 2552, � 3, effective July 1. L. 2021: (1)(a) amended, (HB 21-1031), ch. 116, p. 450, � 2, effective May 7. L. 2024: IP(1.5)(f)(I) and (1.5)(f)(I)(J) amended, (HB 24-1291), ch. 131, p. 470, � 17, effective August 7. L. 2025: IP(6)(d) and (6)(d)(I) amended, (HB 25-1159), ch. 334, p. 1761, � 3, effective May 31.

Editor's note: (1)  Amendments to subsection (5) by Senate Bill 98-139 and

House Bill 98-1183 were harmonized, effective February 1, 1999.

(2)  The term custody has been changed in other places in the Colorado

Revised Statutes to correspond with the use of the term parental responsibility as described in � 14-10-124.

(3)  Subsection (6)(c)(II)(B) provided for the repeal of subsection (6)(c)(II),

effective July 1, 2011. (See L. 2008, p. 1656.)

(4)  Section 8 of chapter 116 (HB 21-1031), Session Laws of Colorado 2021,

provides that the act changing this section applies to any request to modify an order appealed on, after, or before May 7, 2021.

Cross references: For the legislative declaration contained in the 1997 act

enacting subsection (1.5), see section 1 of chapter 236, Session Laws of Colorado 1997. For the legislative declaration in HB 21-1031, see section 1 of chapter 116, Session Laws of Colorado 2021.

C.R.S. § 15-1-1502

15-1-1502. Definitions. In this part 15:

(1)  Account means an arrangement under a terms-of-service agreement in

which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.

(2)  Agent means an attorney-in-fact granted authority under a durable or

nondurable power of attorney.

(3)  Carries means engages in the transmission of an electronic

communication.

(4)  Catalog of electronic communications means information that identifies

each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.

(5)  Conservator means a person appointed by a court to manage the estate

of a living individual. The term includes a limited conservator.

(6)  Content of an electronic communication means information concerning

the substance or meaning of a communication that:

(a)  Has been sent or received by a user;


(b)  Is in electronic storage by a custodian providing an electronic-communication service to the public or is carried or maintained by a custodian

providing a remote-computing service to the public; and

(c)  Is not readily accessible to the public.


(7)  Court means the district court, except in the city and county of Denver

where it is the probate court.

(8)  Custodian means a person that carries, maintains, processes, receives,

or stores a digital asset of a user.

(9)  Designated recipient means a person chosen by a user using an on-line

tool to administer digital assets of the user.

(10)  Digital asset means an electronic record in which an individual has a

right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.

(11)  Electronic means relating to technology having electrical, digital,

magnetic, wireless, optical, electromagnetic, or similar capabilities.

(12)  Electronic communication has the meaning set forth in 18 U.S.C. sec.

2510(12), as amended.

(13)  Electronic-communication service means a custodian that provides to

a user the ability to send or receive an electronic communication.

(14)  Fiduciary means an original, additional, or successor personal

representative, conservator, agent, or trustee.

(15)  Information means data, text, images, videos, sounds, codes, computer

programs, software, databases, or the like.

(16)  On-line tool means an electronic service provided by a custodian that

allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.

(17)  Person means an individual; estate; business or nonprofit entity; public

corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.

(18)  Personal representative means an executor, administrator, special

administrator, or person that performs substantially the same function under law of this state other than this part 15.

(19)  Power of attorney means a record that grants an agent authority to act

in the place of a principal.

(20)  Principal means an individual who grants authority to an agent in a

power of attorney.

(21)  Protected person means an individual for whom a conservator has

been appointed. The term includes an individual for whom an application for the appointment of a conservator is pending.

(22)  Record means information that is inscribed on a tangible medium or

that is stored in an electronic or other medium and is retrievable in perceivable form.

(23)  Remote-computing service means a custodian that provides to a user

computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. sec. 2510(14), as amended.

(24)  Terms-of-service agreement means an agreement that controls the

relationship between a user and a custodian.

(25)  Trustee means a fiduciary with legal title to property under an

agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.

(26)  User means a person that has an account with a custodian.


(27)  Will includes a codicil, testamentary instrument that only appoints an

executor, and instrument that revokes or revises a testamentary instrument.

Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 179, � 1, effective

August 10.

C.R.S. § 15-11-1302

15-11-1302. Definitions. In this part 13:

(1)  Electronic means relating to technology having electrical, digital,

magnetic, wireless, optical, electromagnetic, or similar capabilities.

(2)  Electronic presence means the relationship of two or more individuals in

different locations communicating in real time to the same extent as if the individuals were physically present in the same location.

(3)  Electronic will means a will executed electronically in compliance with

section 15-11-1305 (1).

(4)  Record means information that is inscribed on a tangible medium or

that is stored in an electronic or other medium and is retrievable in perceivable form.

(5) (a)  Sign means, with present intent to authenticate or adopt a record,

and subject to subsection (5)(b) of this section, to execute or adopt a tangible symbol or to affix to or logically associate with the record an electronic symbol or process.

(b)  An electronic symbol of a testator or witness must be an electronic image

of the testator's or witness's signature in the testator's or witness's handwriting affixed to the electronic will.

(6)  State means a state of the United States, the District of Columbia,

Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

(7)  Will has the meaning set forth in section 15-10-201 (59).


Source: L. 2021: Entire part added with relocations, (SB 21-266), ch. 423, p.

2796, � 11, effective July 2.

C.R.S. § 15-14-702

15-14-702. Definitions. Except as otherwise provided under this part 7, and except as the context may otherwise require, in this part 7:

(1)  Agent means a person granted authority to act for a principal under a

power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent's authority is delegated.

(2)  Durable, with respect to a power of attorney, means not terminated by

the principal's incapacity.

(3)  Electronic means relating to technology having electrical, digital,

magnetic, wireless, optical, electromagnetic, or similar capabilities.

(4)  Good faith means honesty in fact.


(5)  Incapacity means inability of an individual to manage property or

business affairs because the individual:

(a)  Has an impairment in the ability to receive and evaluate information or

make or communicate decisions even with the use of technological assistance; or

(b)  Is:


(I)  Missing;


(II)  Detained, including incarcerated in a penal system; or


(III)  Outside the United States and unable to return.


(6)  Person means an individual, corporation, business trust, estate, trust,

partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(7)  Power of attorney means a writing or other record that grants authority

to an agent to act in the place of the principal, whether or not the term power of attorney is used.

(8)  Presently exercisable general power of appointment, with respect to

property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the creditors of the principal's estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.

(9)  Principal means an individual who grants authority to an agent in a

power of attorney.

(10)  Property means anything that may be the subject of ownership,

whether real or personal, or legal or equitable, or any interest or right therein.

(11)  Record means information that is inscribed on a tangible medium or

that is stored in an electronic or other medium and is retrievable in perceivable form.

(12)  Sign means, with present intent to authenticate or adopt a record:


(a)  To execute or adopt a tangible symbol; or


(b)  To attach to or logically associate with the record an electronic sound,

symbol, or process.

(13)  State means a state of the United States, the District of Columbia,

Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(14)  Stocks and bonds means stocks, bonds, mutual funds, and all other

types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes.

Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 384, � 1,

effective April 9. L. 2011: IP amended, (SB 11-083), ch. 101, p. 310, � 20, effective August 10.

C.R.S. § 15-18-113

15-18-113. Penalties - refusal - transfer. (1) A person who willfully conceals, defaces, damages, or destroys a declaration of another person, without the knowledge and consent of the declarant, commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(2)  A person who falsifies or forges a declaration of another person commits

a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

(3)  If a person falsifies or forges a declaration of another person and the

terms of the declaration are carried out, resulting in the death of the purported declarant, the person commits a class 2 felony and shall be punished as provided in section 18-1.3-401, C.R.S.

(4)  A person who willfully withholds information concerning the revocation

of a declaration of another person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(5)  An attending physician or advanced practice registered nurse who

refuses to comply with the terms of a declaration valid on its face shall transfer the care of the declarant to another physician or advanced practice registered nurse who is willing to comply with the declaration. Refusal of an attending physician or advanced practice registered nurse to comply with a declaration and failure to transfer the care of the declarant to another physician or advanced practice registered nurse shall constitute unprofessional conduct as defined in section 12-240-121 or grounds for discipline pursuant to section 12-255-120.

Source: L. 2010: Entire article R&RE, (HB 10-1025), ch. 113, p. 382, � 1,

effective August 11; (5) amended, (HB 10-1422), ch. 419, p. 2126, � 189, effective August 11. L. 2019: (5) amended, (HB 19-1172), ch. 136, p. 1670, � 82, effective October 1. L. 2021: (1) and (4) amended, (SB 21-271), ch. 462, p. 3159, � 162, effective March 1, 2022.

ARTICLE 18.5

Proxy and Surrogate Decision-makers for

Medical Treatment and Health-Care Benefit Decisions

Cross references: For the provisions relating to anatomical gifts and their

effect on advance health-care directives, see part 2 of article 19 of this title; for provisions relating to a medical durable power of attorney, see � 15-14-506; for provisions relating to declarations concerning medical treatment, see article 18 of this title; for provisions relating to cardiopulmonary resuscitation directives, see article 18.6 of this title.

Law reviews: For article, The Colorado Patient Autonomy Act: Opportunities

and Challenges -- Parts I and II, see 21 Colo. Law. 1901 and 2203 (1992); for article, Surrogate Decision-Making for 'Friendless' Patients, see 34 Colo. Law. 71 (April 2005); for article, Respecting and Responding to End-of-Life Choices, see 34 Colo. Law. 57 (Oct. 2005); for article, How to Reconcile Advance Care Directives With Attempted Suicide, see 42 Colo. Law. 97 (July 2013).

15-18.5-101.  Legislative declaration - construction of statute. (1)  The

general assembly hereby finds, determines, and declares that:

(a)  All adult persons have a fundamental right to make their own medical

treatment and health-care benefit decisions, including decisions regarding medical treatment, artificial nourishment and hydration, and private or public health-care benefits;

(b)  The lack of decisional capacity to provide informed consent to or refusal

of medical treatment should not preclude such decisions from being made on behalf of a person who lacks such decisional capacity and who has no known advance medical directive, or whose wishes are not otherwise known; and

(c)  The enactment of legislation to authorize proxy decision-makers to make

medical treatment decisions and surrogate decision-makers to make health-care benefit decisions on behalf of persons lacking the decisional capacity to provide informed consent to or refusal of medical treatment is appropriate.

(2)  The general assembly does not intend to encourage or discourage any

particular medical treatment or to interfere with or affect any method of religious or spiritual healing otherwise permitted by law.

(3)  Nothing in this article shall be construed as condoning, authorizing, or

approving euthanasia or mercy killing. In addition, the general assembly does not intend that this article be construed as permitting any affirmative or deliberate act to end a person's life, except to permit natural death as provided by this article.

Source: L. 92: Entire article added, p. 1984, � 3, effective June 4. L. 2006:

(1)(a) and (1)(c) amended, p. 841, � 3, effective May 4.

15-18.5-102.  Definitions applicable to medical durable power of attorney -

applicability. (1) The definitions set forth in section 15-14-505 shall apply to the provisions of this article.

(2)  The provisions of sections 15-14-506 to 15-14-509 shall apply to this

article. In addition, proxy decision-makers, surrogate decision-makers for health-care benefits, health-care providers, and health-care facilities shall be subject to the provisions of this article.

Source: L. 92: Entire article added, p. 1985, � 3, effective June 4. L. 2006: (2)

amended, p. 841, � 4, effective May 4.

15-18.5-103.  Proxy decision-makers for medical treatment authorized -

definitions. (1) A health-care provider or health-care facility may rely, in good faith, upon the medical treatment decision of a proxy decision-maker selected in accordance with subsection (4) of this section if an adult patient's attending physician determines that such patient lacks the decisional capacity to provide informed consent to or refusal of medical treatment and no guardian with medical decision-making authority, agent appointed in a medical durable power of attorney, person with the right to act as a proxy decision-maker in a designated beneficiary agreement made pursuant to article 22 of this title, or other known person has the legal authority to provide such consent or refusal on the patient's behalf.

(1.5)  As used in this section:


(a)  Interested person means a patient's spouse, either parent of the

patient, any adult child, sibling, or grandchild of the patient, or any close friend of the patient.

(b)  Proxy decision-maker does not mean the attending physician.


(2)  The determination that an adult patient lacks decisional capacity to

provide informed consent to or refusal of medical treatment may be made by a court or the attending physician, and the determination shall be documented in such patient's medical record. The determination may also be made by an advanced practice registered nurse who has collaborated about the patient with a licensed physician either in person, by telephone, or electronically. The advanced practice registered nurse shall document in the patient's record the name of the physician with whom the advanced practice registered nurse collaborated. The attending physician shall make specific findings regarding the cause, nature, and projected duration of the patient's lack of decisional capacity, which findings shall be included in the patient's medical record.

(3)  Upon a determination that an adult patient lacks decisional capacity to

provide informed consent to or refusal of medical treatment, the attending physician, the advanced practice registered nurse, or such physician's or nurse's designee, shall make reasonable efforts to notify the patient of the patient's lack of decisional capacity. In addition, the attending physician, or such physician's designee, shall make reasonable efforts to locate as many interested persons as practicable, and the attending physician or advanced practice registered nurse may rely on such individuals to notify other family members or interested persons. Upon locating an interested person, the attending physician, advanced practice registered nurse, or such physician's or nurse's designee, shall inform such person of the patient's lack of decisional capacity and that a proxy decision-maker should be selected for the patient.

(4) (a)  Interested persons who are informed of the patient's lack of decisional

capacity shall make reasonable efforts to reach a consensus as to who among them shall make medical treatment decisions on behalf of the patient. The person selected to act as the patient's proxy decision-maker should be the person who has a close relationship with the patient and who is most likely to be currently informed of the patient's wishes regarding medical treatment decisions. If any of the interested persons disagrees with the selection or the decision of the proxy decision-maker or, if, after reasonable efforts, the interested persons are unable to reach a consensus as to who should act as the proxy decision-maker, then any of the interested persons may seek guardianship of the patient by initiating guardianship proceedings pursuant to part 3 of article 14 of this title. Only said interested persons may initiate such proceedings with regard to the patient.

(b)  Nothing in this section precludes any interested person from initiating a

guardianship proceeding pursuant to part 3 of article 14 of this title for any reason any time after said persons have conformed with paragraph (a) of this subsection (4).

(c) (I)  An attending physician may designate another willing physician to

make health-care treatment decisions as a patient's proxy decision-maker if:

(A)  After making reasonable efforts, the attending physician or his or her

designee cannot locate any interested persons, or no interested person is willing and able to serve as proxy decision-maker;

(B)  The attending physician has obtained an independent determination of

the patient's lack of decisional capacity by another physician; by an advanced practice registered nurse who has collaborated about the patient with a licensed physician either in person, by telephone, or electronically; or by a court;

(C)  The attending physician or his or her designee has consulted with and

obtained a consensus on the proxy designation with the medical ethics committee of the health-care facility where the patient is receiving care; and

(D)  The identity of the physician designated as proxy decision-maker is

documented in the medical record.

(II)  For the purposes of subsections (4)(c)(I)(C), (4)(c)(V)(B), and (4)(c)(V)(C) of

this section, if the health-care facility does not have a medical ethics committee, the facility shall refer the attending physician or his or her designee to a medical ethics committee at another health-care facility.

(III)  The authority of the proxy decision-maker terminates in the event that:


(A)  An interested person is willing to serve as proxy decision-maker;


(B)  A guardian is appointed;


(C)  The patient regains decisional capacity;


(D)  The proxy decision-maker decides to no longer serve as the patient's

proxy decision-maker; or

(E)  The patient is transferred or discharged from the facility, if any, where

the patient is receiving care, unless the proxy decision-maker expresses his or her intention to continue to serve as proxy decision-maker.

(IV)  If the authority of a proxy decision-maker terminates for one of the

reasons described in subparagraph (III) of this paragraph (c), the attending physician shall document the reason in the patient's medical record.

(V)  The attending physician and the proxy decision-maker shall adhere to the

following guidelines for proxy decision-making:

(A)  For routine treatments and procedures that are low-risk and within

broadly accepted standards of medical practice, the attending physician may make health-care treatment decisions;

(B)  For treatments that otherwise require a written, informed consent, such

as treatments involving anesthesia, treatments involving a significant risk of complication, or invasive procedures, the attending physician shall obtain the written consent of the proxy decision-maker and a consensus with the medical ethics committee;

(C)  For end-of-life treatment that is nonbeneficial and involves withholding

or withdrawing specific medical treatments, the attending physician shall obtain an independent concurring opinion from a physician other than the proxy decision-maker, and obtain a consensus with the medical ethics committee.

(5)  When an attending physician determines that an adult patient lacks

decisional capacity, the attending physician or another health-care provider shall make reasonable efforts to advise the patient of such determination, of the identity of the proxy decision-maker, and of the patient's right to object, pursuant to section 15-14-506 (4)(a).

(6) (a)  Artificial nourishment and hydration may be withheld or withdrawn

from a patient upon a decision of a proxy only when the attending physician and a second independent physician trained in neurology or neurosurgery certify in the patient's medical record that the provision or continuation of artificial nourishment or hydration is merely prolonging the act of dying and is unlikely to result in the restoration of the patient to independent neurological functioning.

(b) (I)  Nothing in this article may be construed as condoning, authorizing, or

approving euthanasia or mercy killing.

(II)  Nothing in this article may be construed as permitting any affirmative or

deliberate act to end a person's life, except to permit natural death as provided by this article.

(6.5)  The assistance of a health-care facility's medical ethics committee

shall be provided upon the request of a proxy decision-maker or any other interested person whenever the proxy decision-maker is considering or has made a decision to withhold or withdraw medical treatment. If there is no medical ethics committee for a health-care facility, such facility may provide an outside referral for such assistance or consultation.

(7)  If any interested person or the guardian or the attending physician

believes the patient has regained decisional capacity, then the attending physician shall reexamine the patient and determine whether the patient has regained such decisional capacity and shall enter the decision and the basis therefore into the patient's medical record and shall notify the patient, the proxy decision-maker, and the person who initiated the redetermination of decisional capacity.

(8)  Except for a court acting on its own motion, a governmental entity,

including the state department of human services and the county departments of human or social services, may not petition the court as an interested person pursuant to part 3 of article 14 of this title 15. In addition, nothing in this article 18.5 authorizes the county director of any county department of human or social services, or designee of such director, to petition the court pursuant to section 26-3.1-104 in regard to any patient subject to the provisions of this article 18.5.

(9) (a)  Any attending physician, health-care provider, or health-care facility

that makes reasonable attempts to locate and communicate with a proxy decision-maker shall not be subject to civil or criminal liability or regulatory sanction therefor.

(b)  A physician acting in good faith as a proxy decision-maker in accordance

with paragraph (c) of subsection (4) of this section is not subject to civil or criminal liability or regulatory sanction for acting as a proxy decision-maker. An attending physician or his or her designee remains responsible for his or her negligent acts or omissions in rendering care to an unrepresented patient.

Source: L. 92: Entire article added, p. 1985, � 3, effective June 4. L. 94: (8)

amended, p. 2647, � 115, effective July 1. L. 2008: (2) and (3) amended, p. 125, � 5, effective January 1, 2009. L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 446, � 13, effective July 1. L. 2010: (1) amended, (SB 10-199), ch. 374, p. 1753, � 20, effective July 1. L. 2016: (1.5) added and (3), (4), (6), (6.5), (7), and (9) amended, (HB 16-1101), ch. 170, p. 537, � 1, effective August 10. L. 2017: (4)(c)(II) amended, (SB 17-294), ch. 264, p. 1392, � 33, effective May 25. L. 2018: (8) amended, (SB 18-092), ch. 38, p. 404, � 20, effective August 8.

Cross references: (1)  For the legislative declaration contained in the 1994

act amending subsection (8), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

(2)  For provisions relating to the time of taking effect or the provisions for

transition of this code, see � 15-17-101.

15-18.5-104.  Surrogate decision-makers for health-care benefits. (1)  A

proxy decision-maker for medical treatment selected in accordance with section 15-18.5-103 or a person with the right to act as a surrogate decision-maker in a designated beneficiary agreement made pursuant to article 22 of this title shall have authority to make health-care benefit decisions on behalf of an adult patient and may be known additionally as a surrogate decision-maker for health-care benefits.

(2)  A court or the attending physician may make the determination that a

person lacks the decisional capacity to make health-care benefit decisions. The determination shall be documented in such patient's medical record. The determination may also be made by an advanced practice registered nurse who has collaborated about the patient with a licensed physician either in person, by telephone, or electronically. The advanced practice registered nurse shall document in the patient's record the name of the physician with whom the advanced practice registered nurse collaborated. The attending physician or nurse shall make specific findings regarding the cause, nature, and projected duration of the person's lack of decisional capacity regarding health-care benefit decisions. Such determination and findings shall be documented in the person's medical record.

(3)  Upon a determination that an adult patient lacks decisional capacity to

make health-care benefit decisions, the attending physician, advanced practice registered nurse, or the physician's or nurse's designee shall make reasonable efforts to notify the patient of the patient's lack of decisional capacity. In addition, the attending physician or advanced practice registered nurse or the physician's or nurse's designee shall make reasonable efforts to locate as many interested persons as defined in this subsection (3) as practicable, and the attending physician or advanced practice registered nurse may rely on such individuals to notify other family members or interested persons. For the purposes of this section, interested persons means the patient's spouse; either parent of the patient; any adult child, sibling, or grandchild of the patient; or any close friend of the patient. Upon locating an interested person, the attending physician or advanced practice registered nurse or the physician's or nurse's designee shall inform such person of the patient's lack of decisional capacity and determine whether such interested person is available, willing, and has the capability to act as a surrogate decision-maker for health-care benefits for the patient.

(4)  If a proxy decision-maker for medical treatment or an interested person,

as defined in subsection (3) of this section, is unavailable, unwilling, or does not have the capability to make a health-care benefit decision on behalf of a person lacking the decisional capacity to make a health-care benefit decision pursuant to this section, then the attending physician or his or her designee may appoint a surrogate decision-maker for health-care benefits as described in subsection (5) of this section.

(5)  The surrogate decision-maker for health-care benefits appointed by an

attending physician or his or her designee may be a private individual or an individual acting on behalf of an organization, including an employee of the organization, willing to voluntarily assume the fiduciary responsibility to make health-care benefit decisions in the best interests of the person who lacks the decisional capacity to make health-care benefit decisions. The appointed surrogate decision-maker for health-care benefits shall be free of conflicts specified in subsection (9) of this section.

(6)  Community and charitable organizations may provide volunteers or

employees to serve as surrogate decision-makers for health-care benefits. The division of insurance, established in section 10-1-103, C.R.S., shall be available to provide assistance to surrogate decision-makers for health-care benefits regarding medicare benefits. A physician or his or her designee may contact nonprofit entities that serve the elderly or disability communities for assistance in locating an appropriate surrogate decision-maker for health-care benefits.

(7)  After a physician or his or her designee locates an individual willing to act

as the surrogate decision-maker for health-care benefits pursuant to subsection (3) of this section, the physician shall certify the appointment in writing on the form set forth in section 15-18.5-105.

(8)  If the surrogate decision-maker for health-care benefits, a proxy

decision-maker for medical treatment, an interested person, the person's guardian, or the attending physician believes the patient has regained decisional capacity, then the attending physician shall reexamine the patient and determine whether or not the patient has regained such decisional capacity and shall enter the decision and the basis therefor into the patient's medical record and shall notify the patient, the surrogate decision-maker for health-care benefits, and the person who initiated the redetermination of decisional capacity.

(9)  A surrogate decision-maker for health-care benefits may not be an

employee, a contractor, or an official representative of, or receive any remuneration of any kind from, a health-care provider, medical benefit provider, pharmaceutical company, pharmacy benefit management company, pharmacy, or any person or entity engaged in the sale of insurance.

(10)  A surrogate decision-maker for health-care benefits shall have access to

all necessary information, including but not limited to:

(a)  Personal health information as defined by the federal Health Insurance

Portability and Accountability Act of 1996, 42 U.S.C. sec. 1320d-7 (a)(2); and

(b)  Financial information needed to make appropriate health-care benefit

decisions; except that any bank, trust company, savings and loan association, credit union, or insurance company regulated under any laws of this state or the United States and any officer, employee, agent, or affiliate of any of the foregoing entities shall be exempt from any requirement to provide financial information to a surrogate decision-maker under the provisions of this section.

(11)  A surrogate decision-maker for health-care benefits shall make

decisions that are in the best interests of the person on whose behalf the decisions are made.

(12)  Any entity, including a financial entity, that relies in good faith on a

certificate of appointment of a surrogate decision-maker for health-care benefits received directly from the attending physician or his or her designee shall be immune from liability for actions taken on the basis of said certificate.

(13)  A surrogate decision-maker for health-care benefits shall be immune

from liability for decisions made in good faith.

(14)  An attending physician, health-care provider, or health-care facility that

acts in substantial compliance with this section shall not be subject to civil or criminal liability or regulatory sanction relating to the selection or actions of a surrogate decision-maker for health-care benefits.

(15)  Nothing in this section shall be construed as requiring a surrogate

decision-maker for health-care benefits to make a decision or from prohibiting an individual from consulting another person or entity to obtain assistance in making a health-care benefit decision.

Source: L. 2006: Entire section added, p. 841, � 5, effective May 4. L. 2008:

(2) and (3) amended, p. 125, � 6, effective January 1, 2009. L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 446, � 14, effective July 1. L. 2010: (1) amended, (SB 10-199), ch. 374, p. 1754, � 21, effective July 1.

Cross references: For provisions relating to the time of taking effect or the

provisions for transition of this code, see � 15-17-101.

15-18.5-105.  Statutory form for certificate of appointment of surrogate

decision-makers for health-care benefits. The following statutory form for certificate of appointment of surrogate decision-maker for health-care benefits is legally sufficient:

CERTIFICATE OF APPOINTMENT OF A SURROGATE

DECISION-MAKER FOR HEALTH-CARE BENEFITS

(1)  I, (name of attending physician), the attending physician, certify that

(name of person for whom decisions are being made) lacks the decisional capacity to make health-care benefit decisions. I further certify that I have made the necessary documentation to the medical record.

(2)  I, (name of attending physician), the attending physician or designee,

hereby appoint (name of surrogate), (driver's license number or state ID number) as the surrogate decision-maker for health-care benefits on behalf of (name of person for whom decisions are being made), (address, city, state) pursuant to section 15-18.5-104, C.R.S.

(3)  (Name of surrogate) shall have access to all necessary personal health

information as defined by the federal Health Insurance Portability and Accountability Act and any financial information necessary to make appropriate health-care benefit decisions on behalf of (name of person for whom decisions are being made), as provided for in section 15-18.5-104, C.R.S. (Name of surrogate) shall make such decisions in the best interests of (name of person for whom decisions are being made).

Executed this _______ day of _______________, ____.


__________________________


(Attending physician)


(Business address)


(Business phone)


(Business fax)


Source: L. 2006: Entire section added, p. 841, � 5, effective May 4.

ARTICLE 18.6

Directive Relating to

Cardiopulmonary Resuscitation

Cross references: For the provisions relating to anatomical gifts and their

effect on advance health-care directives, see part 2 of article 19 of this title; for provisions relating to a medical durable power of attorney, see � 15-14-506; for provisions relating to declarations concerning medical treatment, see article 18 of this title; for provisions relating to proxy decision-makers for medical treatment decisions, see article 18.5 of this title.

Law reviews: For article, The Colorado Patient Autonomy Act: Opportunities

and Challenges, see 21 Colo. Law. 1901 (1992); for article, CPR Directives in Colorado, see 23 Colo. Law. 845 (1994); for article, Surrogate Decision-Making for 'Friendless' Patients, see 34 Colo. Law. 71 (April 2005). For article, The Lawyer's Role in End-of-Life Planning Moving Beyond Advance Medical Directives, see 44 Colo. Law. 101 (July 2015).

15-18.6-101.  Definitions.  As used in this article 18.6, unless the context

otherwise requires:

(1)  Cardiopulmonary resuscitation or CPR means measures to restore

cardiac function or to support breathing in the event of cardiac or respiratory arrest or malfunction. CPR includes, but is not limited to, chest compression, delivering electric shock to the chest, or placing tubes in the airway to assist breathing.

(2)  CPR directive means an advance medical directive pertaining to the

administration of cardiopulmonary resuscitation.

(3)  Emergency medical service personnel means an emergency medical

service provider at any level who is certified or licensed by the department of public health and environment. Emergency medical service personnel includes an emergency medical responder registered by the department of public health and environment in accordance with section 25-3.5-1103.

Source: L. 92: Entire article added, p. 1988, � 3, effective June 4. L. 94: (3)

amended, p. 2731, � 350, effective July 1. L. 2002: (3) amended, p. 1211, � 7, effective June 3. L. 2012: (3) amended, (HB 12-1059), ch. 271, p. 1433, � 9, effective July 1; (3) amended, (HB 12-1283), ch. 240, p. 1131, � 37, effective July 1. L. 2019: IP and (3) amended, (SB 19-242), ch. 396, p. 3526, � 8, effective May 31.

Editor's note: Amendments to subsection (3) by House Bill 12-1059 and

House Bill 12-1283 were harmonized.

Cross references: For the legislative declaration contained in the 1994 act

amending subsection (3), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2012 act amending subsection (3), see section 1 of chapter 240, Session Laws of Colorado 2012.

15-18.6-102.  CPR directives for CPR - who may execute. Any adult over age

eighteen who has the decisional capacity to provide informed consent to or refusal of medical treatment or any other person who is, pursuant to the laws of this state or any other state, authorized to make medical treatment decisions on behalf of an adult who lacks such decisional capacity, may execute a CPR directive. After a physician issues a do not resuscitate order for a minor child, and only then, may the parents of the minor, if married and living together, the custodial parent or parent with decision-making responsibility for such a decision, or the legal guardian execute a CPR directive.

Source: L. 92: Entire article added, p. 1988, � 3, effective June 4. L. 94: Entire

section amended, p. 1058, � 1, effective May 4. L. 98: Entire section amended, p. 1402, � 54, effective February 1, 1999.

15-18.6-103.  CPR directive forms - duties of state board of health. (1)  On or

before January 1, 1993, the state board of health shall promulgate rules and protocols for the implementation of CPR directives by emergency medical service personnel. The protocols adopted by the board of health shall include uniform methods of identifying persons who have executed a CPR directive. Protocols adopted by the board of health shall include methods for rapid identification of persons who have executed a CPR directive, controlled distribution of the methods of identifying persons who have executed a CPR directive, and the information described in subsection (2) of this section. Nothing in this subsection (1) shall be construed to restrict any other manner in which a person may make a CPR directive.

(2)  CPR directive protocols to be adopted by the state board shall require the

following information concerning the person who is the subject of the CPR directive:

(a)  The person's name, date of birth, and sex;


(b)  The person's eye and hair color;


(c)  The person's race or ethnic background;


(d)  If applicable, the name of a hospice program in which the person is

enrolled;

(e)  The name, address, and telephone number of the person's attending

physician;

(f)  The person's signature or mark or, if applicable, the signature of a person

authorized by this article to execute a CPR directive;

(g)  The date on which the CPR directive form was signed;


(h)  The person's directive concerning the administration of CPR,

countersigned by the person's attending physician;

(i)  The person's directive in the form of a document with a written statement

as provided in section 15-19-205 (b), or a statement in substantially similar form, indicating a decision regarding tissue donation. The document shall be executed in accordance with the provisions of the Revised Uniform Anatomical Gift Act, part 2 of article 19 of this title 15. The written statement may be in the following form:

I hereby make an anatomical gift, to be effective upon my death, of:

A.___ Any needed tissues

B.___ The following tissues:

___ Skin


___ Cornea


___ Bone, related tissues, and tendons

Donor signature: _______

Source: L. 92: Entire article added, p. 1988, � 3, effective June 4. L. 98: (2) (i)

added, p. 1172, � 8, effective June 1. L. 2007: (2)(i) amended, p. 797, � 6, effective July 1. L. 2017: (2)(i) amended, (SB 17-223), ch. 158, p. 558, � 8, effective August 9.

15-18.6-104.  Duty to comply with CPR directive - immunity - effect on

criminal charges against another person. (1) Emergency medical service personnel, health-care providers, and health-care facilities shall comply with a person's CPR directive that is apparent and immediately available. Any emergency medical service personnel, health-care provider, health-care facility, or any other person who, in good faith, complies with a CPR directive shall not be subject to civil or criminal liability or regulatory sanction for such compliance.

(2)  Compliance by emergency medical service personnel, health-care

providers, or health-care facilities with a CPR directive shall not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.

(3)  In the absence of a CPR directive, a person's consent to CPR shall be

presumed.

Source: L. 92: Entire article added, p. 1989, � 3, effective June 4.


15-18.6-105.  Effect of declaration after inpatient admission. A CPR

directive for any person who is admitted to a health-care facility shall be implemented as a physician's order concerning resuscitation as directed by the person in the CPR directive, pending further physicians' orders.

Source: L. 92: Entire article added, p. 1990, � 3, effective June 4.


15-18.6-106.  Effect of CPR directive - absence - on life or health insurance.

Neither a CPR directive nor the failure of a person to execute one shall affect, impair, or modify any contract of life or health insurance or annuity or be the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase of a premium therefor.

Source: L. 92: Entire article added, p. 1990, � 3, effective June 4.


15-18.6-107.  Revocation of CPR directive. A CPR directive may be revoked

at any time by a person who is the subject of such directive or by the agent or proxy decision-maker for such person. However, only those CPR directives executed originally by a guardian, agent, or proxy decision-maker may be revoked by a guardian, agent, or proxy decision-maker.

Source: L. 92: Entire article added, p. 1990, � 3, effective June 4. L. 94: Entire

section amended, p. 1058, � 2, effective May 4.

15-18.6-108.  Effect of article on euthanasia - mercy killing - construction of

statute. Nothing in this article shall be construed as condoning, authorizing, or approving euthanasia or mercy killing. In addition, the general assembly does not intend that this article be construed as permitting any affirmative or deliberate act to end a person's life, except to permit natural death as provided by this article.

Source: L. 92: Entire article added, p. 1990, � 3, effective June 4.

ARTICLE 18.7

Directives Concerning Orders

for Scope of Treatment

Law reviews: For article, The Lawyer's Role in End-of-Life Planning Moving

Beyond Advance Medical Directives, see 44 Colo. Law. 101 (July 2015).

PART 1

DIRECTIVES CONCERNING MEDICAL ORDERS

FOR SCOPE OF TREATMENT

15-18.7-101.  Legislative declaration. (1)  The general assembly hereby finds

that:

(a)  Colorado law has traditionally recognized the right of an adult or his or

her authorized surrogate decision-maker to accept or reject medical treatment and artificial nutrition or hydration;

(b)  Each adult has the right to establish, in advance of the need for medical

treatment, directives and instructions for the administration of medical treatment in the event the adult later lacks the decisional capacity to provide informed consent to, withdraw from, or refuse medical treatment;

(c)  Current instruments for making advance medical directives are often

underutilized, hampered by certain institutional barriers, and inconsistently interpreted and implemented; and

(d)  The frail elderly, chronically or terminally ill, and nursing home resident

population is in particular need of a consistent method for identifying and communicating critical treatment preferences that each sector of the health-care community will recognize and follow.

(2)  The general assembly therefore concludes that it is in the best interests

of the people of Colorado to adopt statutes providing for medical orders for scope of treatment. Consistent with the goal of enhancing patient-centered, compassionate care through methods to enhance continuity across health-care settings, medical orders for scope of treatment will provide a process for timely discussion between individuals and their health-care providers about choices to accept, withdraw, or refuse life-sustaining treatment and, through the use of standardized forms, will ensure those preferences are clearly and unequivocally documented.

Source: L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1275, � 1,

effective August 11.

15-18.7-102.  Definitions.  As used in this part 1, unless the context otherwise

requires:

(1)  Adult means a person eighteen years of age or older.


(2)  Advance medical directive means a written instruction concerning

medical treatment decisions to be made on behalf of the adult who provided the instruction in the event that he or she becomes incapacitated. An advance medical directive includes, but need not be limited to:

(a)  A medical durable power of attorney executed pursuant to section 15-14-506;


(b)  A declaration executed pursuant to the Colorado Medical Treatment

Decision Act, article 18 of this title;

(c)  A power of attorney granting medical treatment authority executed prior

to July 1, 1992, pursuant to section 15-14-501, as it existed prior to that date; or

(d)  A CPR directive or declaration executed pursuant to article 18.6 of this

title.

(3)  Artificial nutrition or hydration means:


(a)  Nutrition or hydration supplied through a tube inserted into the stomach

or intestines; or

(b)  Nutrients or fluids injected intravenously into the bloodstream.


(4)  Authorized surrogate decision-maker means a guardian appointed

pursuant to article 14 of this title, an agent appointed pursuant to a medical durable power of attorney, a proxy decision-maker for medical treatment decisions appointed pursuant to article 18.5 of this title, or a similarly authorized surrogate, as defined by the laws of another state, who is authorized to make medical decisions for an individual who lacks decisional capacity.

(5)  Cardiopulmonary resuscitation or CPR shall have the same meaning

as set forth in section 15-18.6-101 (1).

(6)  CPR directive shall have the same meaning as set forth in section 15-18.6-101 (2).


(7)  Decisional capacity means the ability to provide informed consent to or

refusal of medical treatment or the ability to make an informed health-care benefit decision.

(8)  Emergency medical service personnel means an emergency medical

service provider who is certified or licensed by the department of public health and environment, created and existing under section 25-1-102, or an emergency medical responder registered by the department of public health and environment in accordance with section 25-3.5-1103.

(9)  Health-care facility means a hospital, a hospice inpatient residence, a

nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health-care agency, or another facility that provides or contracts to provide health-care services, which facility is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment.

(10)  Health-care provider means:


(a)  A physician or other individual who provides medical treatment to an

adult and who is licensed, certified, or otherwise authorized or permitted by law to provide medical treatment or who is employed by or acting for such an authorized person; or

(b)  A health maintenance organization licensed and conducting business in

this state.

(11)  Medical treatment means the provision, withholding, or withdrawal of

any:

(a)  Health care;


(b)  Medical procedure, including but not limited to surgery, CPR, and

artificial nutrition or hydration; or

(c)  Service to maintain, diagnose, treat, or provide for a patient's physical or

mental health care.

Source: L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1276, � 1,

effective August 11. L. 2012: (8) amended, (HB 12-1059), ch. 271, p. 1433, � 10, effective July 1; (8) amended, (HB 12-1283), ch. 240, p. 1131, � 38, effective July 1. L. 2019: IP and (8) amended, (SB 19-242), ch. 396, p. 3526, � 9, effective May 31; IP amended, (HB 19-1044), ch. 60, p. 211, � 3, effective August 2.

Editor's note: (1)  Amendments to subsection (8) by House Bill 12-1059 and

House Bill 12-1283 were harmonized.

(2)  The introductory portion to this section was amended in SB 19-242. Those

amendments were superseded by the amendment of the introductory portion in HB 19-1044.

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

subsection (8), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in HB 19-1044, see section 1 of chapter 60, Session Laws of Colorado 2019.

15-18.7-103.  Medical orders for scope of treatment forms - form contents.

(1) A medical orders for scope of treatment form must include the following information concerning the adult whose medical treatment is the subject of the medical orders for scope of treatment form:

(a)  The adult's name, date of birth, and sex;


(b)  The adult's eye and hair color;


(c)  The adult's race or ethnic background;


(d)  If applicable, the name of the hospice program in which the adult is

enrolled;

(e)  The name, address, and telephone number of the adult's physician,

advanced practice registered nurse, or physician assistant;

(f)  The adult's signature or mark or, if applicable, the signature of the adult's

authorized surrogate decision-maker;

(g)  The date upon which the medical orders for scope of treatment form was

signed;

(h)  The adult's instructions concerning:


(I)  The administration of CPR;


(II)  Other medical interventions, including but not limited to consent to

comfort measures only, transfer to a hospital, limited intervention, or full treatment; and

(III)  Other treatment options;


(i)  The signature of the adult's physician, advanced practice registered

nurse, or physician assistant.

Source: L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1278, � 1,

effective August 11. L. 2016: (1)(e) and (1)(i) amended, (SB 16-158), ch. 204, p. 725, � 11, effective August 10. L. 2023: IP(1) and (1)(i) amended, (SB 23-083), ch. 114, p. 415, � 11, effective August 7.

Cross references: For the legislative declaration in SB 16-158, see section 1

of chapter 204, Session Laws of Colorado 2016.

15-18.7-104.  Duty to comply with medical orders for scope of treatment

form - immunity - effect on criminal charges against another person - transferability. (1) (a) Except as provided in sections 15-18.7-105 and 15-18.7-107 (1), emergency medical service personnel, a health-care provider, or a health-care facility shall comply with an adult's executed medical orders for scope of treatment form that:

(I)  Has been executed in this state or another state;


(II)  Is apparent and immediately available; and


(III)  Reasonably satisfies the requirements of a medical orders for scope of

treatment form specified in section 15-18.7-103.

(b)  The fact that the physician, advanced practice registered nurse, or

physician assistant who signed an adult's medical orders for scope of treatment form does not have admitting privileges at the hospital or health-care facility where the adult is being treated does not remove the duty of emergency medical service personnel, a health-care provider, or a health-care facility to comply with the medical orders for scope of treatment form as required by paragraph (a) of this subsection (1).

(2)  Emergency medical service personnel, a health-care provider, a health-care facility, or any other person who complies with a legally executed medical

orders for scope of treatment form that is apparent and immediately available and that he or she believes to be the most current version of the form shall not be subject to civil or criminal liability or regulatory sanction for such compliance.

(3)  Compliance by emergency medical service personnel, a health-care

provider, or a health-care facility with an executed medical orders for scope of treatment form shall not affect the criminal prosecution of a person otherwise charged with the commission of a criminal act.

(4)  In the absence of an executed medical orders for scope of treatment

form declining CPR or a CPR directive, an adult's consent to CPR shall be presumed.

(5)  An adult's physician, advanced practice registered nurse, or physician

assistant may provide an oral confirmation to a health-care provider who shall annotate on the medical orders for scope of treatment form the time and date of the oral confirmation and the name and license number of the physician, advanced practice registered nurse, or physician assistant. The physician, advanced practice registered nurse, or physician assistant shall countersign the annotation of the oral confirmation on the medical orders for scope of treatment form within a time period that satisfies any applicable state law or within thirty days, whichever period is less, after providing the oral confirmation. The signature of the physician, advanced practice registered nurse, or physician assistant may be provided by photocopy, fax, or electronic means. A medical orders for scope of treatment form with annotated oral confirmation, and a photocopy, fax, or other electronic reproduction of the form, shall be given the same force and effect as the original form signed by the physician, advanced practice registered nurse, or physician assistant.

(6) (a)  Nothing in this part 1 shall be construed to modify or alter any

generally accepted ethics, standards, protocols, or laws for the practice of medicine or nursing, including the provisions in section 15-18.6-108 concerning euthanasia and mercy killing.

(b)  A medical orders for scope of treatment form shall not be construed to

compel or authorize a health-care provider or health-care facility to administer medical treatment that is medically inappropriate or prohibited by state or federal law.

(7)  If an adult who is known to have properly executed and signed a medical

orders for scope of treatment form is transferred from one health-care facility or health-care provider to another, the transferring health-care facility or health-care provider shall communicate the existence of the form to the receiving health-care facility or health-care provider before the transfer. The transferring health-care facility or health-care provider shall ensure that the form or a copy of the form accompanies the adult upon admission to or discharge from a health-care facility.

Source: L. 2010: Entire article added, (HB 10-1122), ch. 279, p. 1278, � 1,

effective August 11. L. 2016: (1)(b) and (5) amended, (SB 16-158), ch. 204, p. 725, � 12, effective August 10. L. 2019: (6)(a) amended, (HB 19-1044), ch. 60, p. 211, � 4, effective August 2. L. 2023: (5) amended, (SB 23-083), ch. 114, p. 415, � 12, effective August 7.

Cross references: For the legislative declaration in SB 16-158, see section 1

of chapter 204, Session Laws of Colorado 2016. For the legislative declaration in HB 19-1044, see section 1 of chapter 60, Session Laws of Colorado 2019.

15-18.7-105.  Moral convictions and religious beliefs - notice required -

transfer of a patient. (1) A health-care provider or health-care facility that provides care to an adult whom the health-care provider or health-care facility knows to have executed a medical orders for scope of treatment form shall provide notice to the adult or, if appropriate, to the authorized surrogate decision-maker of the adult, of any policies based on moral convictions or religious beliefs of the health-care provider or health-care facility relative to the withholding or withdrawal of medical treatment. The health-care provider or health-care facility shall provide the notice, when reasonably possible, prior to providing medical treatment or prior to or upon the admission of the adult to the health-care facility, or as soon as possible thereafter.

(2)  A health-care provider or health-care facility shall provide for the prompt

transfer of an adult who has executed a medical orders for scope of treatment form to another health-care provider or health-care facility if the transferring healt

C.R.S. § 15-20-102

15-20-102. Definitions. In this article 20:

(1)  Community property spouse means an individual in a marriage or other

relationship under which community property could be acquired during the existence of the relationship and that remains in existence at the time of death of either party to the relationship.

(2)  Electronic means relating to technology having electrical, digital,

magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3)  Jurisdiction means the United States, a state, a foreign country, or a

political subdivision of a foreign country.

(4)  Partition means to voluntarily divide property to which this act

otherwise would apply.

(5)  Person means an individual, estate, business or nonprofit entity, public

corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(6)  Personal representative means an executor, administrator, successor

personal representative, special administrator, and other person that performs substantially the same function.

(7)  Property means anything that may be the subject of ownership,

whether real or personal, tangible or intangible, legal or equitable, or any interest therein.

(8)  Reclassify means a change in the characterization or treatment of

community property to property owned separately by a community property spouse.

(9)  Record means information inscribed on a tangible medium or stored in

an electronic or other medium and retrievable in perceivable form.

(10)  Sign means, with present intent to authenticate or adopt a record, to

execute or adopt a tangible symbol or attach to or logically associate with the record an electronic symbol.

(11)  State means a state of the United States, the District of Columbia,

Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 101, � 1, effective

July 1.

C.R.S. § 15-23-103

15-23-103. Definitions. As used in this article 23, unless the context otherwise requires:

(1)  Agent means an attorney-in-fact granted authority under a durable or

nondurable power of attorney.

(2)  Certified by the state court administrator means a record certified by

the state court administrator as being a true copy of an electronic record maintained by the state court administrator.

(3)  Computer folder means a directory identified under the name of a

creator containing the creator's electronic documents and related electronic records that is established and maintained by the state court administrator pursuant to section 15-23-114 (3)(c).

(4)  Creator means an individual who, either alone, with one or more other

individuals, or through a fiduciary, has executed an original estate planning document, as defined in subsection (13) of this section, pursuant to the law of any jurisdiction.

(5)  Custodian means any of the following that has sole possession and

control of an original estate planning document of an individual:

(a)  An attorney licensed or formerly licensed to practice in Colorado, the

attorney's fiduciary, or an affiant of an affidavit of the deceased attorney's estate pursuant to part 12 of article 12 of this title 15;

(b)  An entity providing legal services pursuant to rule 265 of the Colorado

rules of civil procedure;

(c)  A professional fiduciary appointed under an original estate planning

document, the successor to the professional fiduciary, the professional fiduciary's or successor's fiduciary, or an affiant of an affidavit of the professional fiduciary's or successor's estate pursuant to part 12 of article 12 of this title 15;

(d)  A financial institution providing fiduciary services;


(e)  A financial institution or its subsidiary providing safe deposit box

services; or

(f)  An attorney appointed by the chief judge of a judicial district to inventory

files of an attorney pursuant to rule 251.32 (h) of the Colorado rules of civil procedure.

(6)  Diligent search means an attempt to locate and contact a creator by

two or more of the following means:

(a)  Searching a telephone directory covering at least the geographic area of

the last physical address of the creator known to the custodian;

(b)  Calling the creator at the last phone number of the creator known to the

custodian;

(c)  Sending an email to the last email address of the creator known to the

custodian;

(d)  Conducting an internet search for the creator; or


(e)  Subject to applicable law other than this article 23, attempting to contact

by any means described in this subsection (6):

(I)  An heir of the creator;


(II)  A fiduciary, devisee, or beneficiary designated in the creator's original

document; or

(III)  If applicable, another party to the document.


(7)  Electronic means relating to technology having electrical, digital,

magnetic, wireless, optical, electromagnetic, or similar capabilities.

(8)  Electronic estate planning document and electronic document mean

the electronic record created from an original estate planning document.

(9)  Fiduciary means an original, additional, or successor personal

representative, conservator, agent, or trustee.

(10)  Filing statement means information provided and declarations made

by a custodian pursuant to section 15-23-111.

(11)  Financial institution means a federal- or state-chartered commercial

bank, savings and loan association, savings bank, trust company, or credit union.

(12)  Index of creator names means the searchable database created by the

state court administrator pursuant to section 15-23-114 (2).

(13)  Original estate planning document and original document mean an

original instrument in writing that is any will document, including, but not limited to wills, as defined in section 15-10-201 (59); codicils; holographic wills; documents purporting to be wills; instruments that revoke or revise a testamentary instrument; testamentary instruments that merely appoint a personal representative; other testamentary instruments, such as memoranda distributing tangible personal property, as described in section 15-11-513; and testamentary appointments of guardian as described in section 15-14-202 (1).

(14)  Professional fiduciary means an individual or entity that is in the

business of acting as a fiduciary.

(15)  Profile means an electronic record created and maintained by the

state court administrator pursuant to section 15-23-114 (3)(d) under the name of each creator for whom the state court administrator has received an electronic estate planning document.

(16)  Proof of identity means any of the following:


(a)  For an individual, a record of the individual's:


(I)  Passport, driver's license, or government-issued non-driver identification

card that is current or expired not more than one year before the time of presentation; or

(II)  Other form of government identification that is current or has been

expired for not more than one year before the time of presentation, contains the signature or a photograph of the individual, and is satisfactory to the state court administrator;

(b)  For a court, a record of a certified court order;


(c)  For an entity, a record of a writing stating that the individual making the

request on behalf of the entity is an officer of the entity and proof of identity for the individual in the same manner as provided in subsection (16)(a) of this section; and

(d)  For a government agency, a record of a writing stating that the individual

making the request on behalf of the agency is a representative of the agency and proof of identity for the individual in the same manner as provided in subsection (16)(a) of this section.

(17)  Record means information that is inscribed on a tangible medium or

that is stored in an electronic or other medium and is retrievable in perceivable form.

(18)  State court administrator means the state court administrator

established pursuant to section 13-3-101.

Source: L. 2019: Entire article added, (HB 19-1229), ch. 252, p. 2433, � 1,

effective January 1, 2023 (see editor's note following the heading for this article 23).

C.R.S. § 15-24-102

15-24-102. Definitions. In this article 24:

(1)  Electronic means relating to technology having electrical, digital,

magnetic, wireless, optical, electromagnetic, or similar capabilities.

(2)  Electronic record means a record created, generated, sent,

communicated, received, or stored by electronic means.

(3)  Electronic signature means an electronic symbol or process attached to

or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(4)  Information includes data, text, images, codes, computer programs,

software, and databases.

(5)  Non-testamentary estate planning document means a record relating

to estate planning that is readable as text at the time of signing and is not a will or contained in a will. The term:

(a)  In this article 24, is limited to a record that creates, exercises, modifies,

releases, or revokes:

(I)  A trust instrument;


(II)  A trust power that under the terms of the trust requires a signed record;


(III)  A certification of a trust pursuant to section 15-5-1013;


(IV)  A power of attorney that is durable pursuant to the Uniform Power of

Attorney Act, part 7 of article 14 of this title 15;

(V)  An agent's certification pursuant to section 15-14-719 of the validity of a

power of attorney and the agent's authority;

(VI)  A power of appointment;


(VII)  An advance directive, including a health-care power of attorney,

directive to physicians, natural death statement, living will, and medical or physician order for life-sustaining treatment;

(VIII)  A record directing disposition of an individual's body after death;


(IX)  A nomination of a guardian for the signing individual;


(X)  A nomination of a guardian for a minor child or disabled adult child;


(XI)  A mental health treatment declaration;


(XII)  A disclaimer pursuant to the Uniform Disclaimer of Property Interests

Act, part 12 of article 11 of this title 15; and

(XIII)  A separate writing or memorandum pursuant to section 15-11-513;


(b)  Excludes all other non-testamentary estate planning documents,

including:

(I)  A deed of real property, including a beneficiary deed pursuant to part 4 of

article 15 of this title 15;

(II)  A certificate of title for a motor vehicle, watercraft, or aircraft; and


(III)  Subject to section 15-24-201 (2)(b)(III), any record of a multiple-party

agreement or other contractual arrangement not identified in subsection (5)(a) of this section.

(6)  Person means an individual, estate, business or nonprofit entity,

government or governmental subdivision, agency, or instrumentality, or other legal entity.

(7)  Power of attorney means a record that grants authority to an agent to

act in place of the principal, even if the term is not used in the record.

(8)  Record means information:


(a)  Inscribed on a tangible medium; or


(b)  Stored in an electronic or other medium and retrievable in perceivable

form.

(9)  Security procedure means a procedure to verify that an electronic

signature, record, or performance is that of a specific person or to detect a change or error in an electronic record. The term includes a procedure that uses an algorithm, code, identifying word or number, encryption, or callback or other acknowledgment procedure.

(10)  Settlor means a person, including a testator, that creates or

contributes property to a trust.

(11)  Sign means, with present intent to authenticate or adopt a record:


(a)  Execute or adopt a tangible symbol; or


(b)  Attach to or logically associate with the record an electronic signature.


(12)  State means a state of the United States, the District of Columbia,

Puerto Rico, the United States Virgin Islands, or other territory or possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe.

(13)  Terms of a trust means the manifestation of the settlor's intent

regarding a trust's provisions as:

(a)  Expressed in the trust instrument; or


(b)  May be established by other evidence in a judicial proceeding or in a

nonjudicial settlement agreement pursuant to section 15-5-111 or by alternate dispute resolution pursuant to section 15-5-113.

(14)  Trust instrument means an instrument executed by the settlor that

contains terms of the trust, including any amendments.

(15)  Will includes a codicil and a testamentary instrument that merely

appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession.

Source: L. 2024: Entire article added, (HB 24-1248), ch. 154, p. 679, � 1,

effective January 1, 2025.

C.R.S. § 17-1-119

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

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

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

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

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

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

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

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

C.R.S. § 18-1-901

18-1-901. Definitions. (1) Definitions set forth in any section of this title apply wherever the same term is used in the same sense in another section of this title unless the definition is specifically limited or the context indicates that it is inapplicable.

(2)  The terms defined in section 18-1-104 and in section 18-1-501, as well as

the terms defined in subsection (3) of this section, are terms which appear in various articles of this code. Other terms which need definition but which are used only in a limited number of sections of this code are defined in the particular section or article in which the terms appear.

(3) (a)  To aid or to assist includes knowingly to give or lend money or

extend credit to be used for, or to make possible or available, or to further the activity thus aided or assisted.

(b)  Benefit means any gain or advantage to the beneficiary including any

gain or advantage to another person pursuant to the desire or consent of the beneficiary.

(c)  Bodily injury means physical pain, illness, or any impairment of physical

or mental condition.

(d)  Deadly physical force means force, the intended, natural, and probable

consequence of which is to produce death, and which does, in fact, produce death.

(e)  Deadly weapon means:


(I)  A firearm, whether loaded or unloaded; or


(II)  A knife, bludgeon, or any other weapon, device, instrument, material, or

substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.

(III) and (IV)  (Deleted by amendment, L. 2013.)


(f)  Deface means to alter the appearance of something by removing,

distorting, adding to, or covering all or a part of the thing.

(g)  Dwelling means a building which is used, intended to be used, or

usually used by a person for habitation.

(h)  Firearm means any handgun, automatic, revolver, pistol, rifle, shotgun,

or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.

(h.5)  Gender identity and gender expression mean a person's gender-related identity and gender-related appearance or behavior whether or not that

gender-related identity, appearance, or behavior is associated with the person's assigned sex at birth.

(i)  Government includes the United States, any state, county, municipality,

or other political unit, any branch, department, agency, or subdivision of any of the foregoing, and any corporation or other entity established by law to carry out any governmental function.

(j)  Governmental function includes any activity which a public servant is

legally authorized to undertake on behalf of government.

(k)  Motor vehicle includes any self-propelled device by which persons or

property may be moved, carried, or transported from one place to another by land, water, or air, except devices operated on rails, tracks, or cables fixed to the ground or supported by pylons, towers, or other structures.

(l)  Repealed.


(m)  Pecuniary benefit means benefit in the form of money, property,

commercial interests, or anything else, the primary significance of which is economic gain.

(n)  Public place means a place to which the public or a substantial number

of the public has access, and includes but is not limited to highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas of public and private buildings and facilities.

(o)  Public servant means any officer or employee of government, whether

elected or appointed, and any person participating as an advisor, consultant, process server, or otherwise in performing a governmental function, but the term does not include witnesses.

(o.5)  Restorative justice practices means practices that emphasize

repairing the harm caused to victims and the community by offenses. Restorative justice practices include victim-offender conferences, family group conferences, circles, community conferences, and other similar victim-centered practices. Restorative justice practices are facilitated meetings attended voluntarily by the victim or victim's representatives, the victim's supporters, the offender, and the offender's supporters and may include community members. By engaging the parties to the offense in voluntary dialogue, restorative justice practices provide an opportunity for the offender to accept responsibility for the harm caused to the victim and community, promote victim healing, and enable the participants to agree on consequences to repair the harm, to the extent possible, including but not limited to apologies, community service, reparation, restoration, and counseling. Restorative justice practices may be used in addition to any other conditions, consequences, or sentence imposed by the court.

(p)  Serious bodily injury means bodily injury that, either at the time of the

actual injury or at a later time, involves a substantial risk of death; a substantial risk of serious permanent disfigurement; a substantial risk of protracted loss or impairment of the function of any part or organ of the body; or breaks, fractures, a penetrating knife or penetrating gunshot wound, or burns of the second or third degree.

(q)  Tamper means to interfere with something improperly, to meddle with

it, or to make unwarranted alterations in its condition.

(r)  Thing of value includes real property, tangible and intangible personal

property, contract rights, choses in action, services, confidential information, medical records information, and any rights of use or enjoyment connected therewith.

(r.5)  Transgender identity means identity based on an individual's gender

identity or expression being different from that typically associated with their sex at birth.

(s)  Utility means an enterprise which provides gas, sewer, electric, steam,

water, transportation, or communication services, and includes any carrier, pipeline, transmitter, or source, whether publicly or privately owned or operated.

Source: L. 71: R&RE, p. 413, � 1. C.R.S. 1963: � 40-1-1001. L. 73: p. 534, � 1. L.

75: (3)(l) amended, p. 1315, � 8, effective July 14. L. 77: (3)(l) amended, p. 949, � 11, effective August 1. L. 79: (3)(l) amended, p. 1212, � 1, effective June 21; (3)(r) amended, p. 726, � 2, effective July 1; (3)(e) amended, p. 731, � 1, effective October 1. L. 80: (3)(l) amended, p. 531, � 1, effective January 29. L. 81: (3)(e) and (3)(l) amended, p. 972, �� 2, 3, effective July 1. L. 82: (3)(l) amended, p. 384, � 2, effective April 30. L. 84: (3)(l) amended, p. 921, � 8, effective January 1, 1985. L. 85: (3)(p) amended, p. 664, � 1, effective March 1. L. 86: (3)(l) R&RE, p. 773, � 1, effective July 1; (3)(l)(III) amended, p. 1236, � 45, effective July 1. L. 87: (3)(l)(III) amended, p. 1489, � 1, effective April 30; (3)(l)(IV) amended, p. 817, � 20, effective October 1. L. 88: (3)(l)(II) and (3)(l)(IV) amended and (3)(l)(IV.5) added, pp. 664, 720, �� 5, 1, effective July 1. L. 89: (3)(l)(II) and (3)(l)(III) amended, p. 888, � 1, effective April 6; (3)(l)(II) amended, p. 890, � 1, effective April 8. L. 90: (3)(l)(IV) and (3)(l)(IV.5)(C) amended, pp. 1613, 565, �� 8, 38, effective July 1. L. 91: (3)(l)(III) amended, p. 1582, � 7, effective June 4; (3)(p) amended, p. 405, � 8, effective June 6. L. 92: (3)(l)(I), (3)(l)(II), and IP(3)(l)(IV.5) amended, p. 1097, � 6, effective March 6; (3)(l)(II) and (3)(l)(III) amended, p. 431, � 1, effective April 23. L. 93: (3)(l)(IV.5)(A) and (3)(l)(IV.5)(B) amended, p. 56, � 1, effective March 22; (3)(l)(II)(B) amended, p. 1776, � 38, effective June 6; (3)(l)(IV) amended, p. 1236, � 5, effective July 1. L. 94: (3)(l)(III) amended, p. 1731, � 11, effective May 31; (3)(l)(II)(A) amended, p. 1716, � 6, effective July 1; (3)(l)(IV) amended, p. 1311, � 11, effective July 1. L. 95: (3)(l)(II)(A) and (3)(l)(III) amended, p. 870, � 1, effective May 24; (3)(l)(III) amended, p. 109, � 1, effective July 1. L. 96: (3)(l)(III) and (3)(l)(IV) amended, p. 1004, � 10, effective May 23; (3)(l)(IV.5) and (3)(l)(V) amended and (3)(l)(IV.7) added, p. 1574, � 6, effective June 3; (3)(l)(IV) amended, p. 1691, � 24, effective January 1, 1997. L. 97: (3)(l)(III) amended, p. 301, � 12, effective July 1. L. 98: (3)(l)(III) amended, p. 1186, � 3, effective July 1. L. 99: (3)(l)(II)(A) and (3)(l)(III) amended, p. 424, � 4, effective April 30. L. 2000: (3)(l)(II)(A) amended, p. 42, � 1, effective March 10; (3)(l)(II)(A) amended, p. 230, � 4, effective March 29. L. 2002: (3)(l)(I) and (3)(l)(III) amended, p. 839, � 1, effective May 30; (3)(l)(II)(A) amended, p. 1212, � 8, effective June 3; (3)(l)(III) amended, p. 71, � 4, effective August 7; (3)(l)(III) amended, p. 1511, � 181, effective October 1. L. 2003: (3)(l) repealed, p. 1605, � 1, effective August 6. L. 2011: (3)(o.5) added, (HB 11-1032), ch. 296, p. 1402, � 6, effective August 10. L. 2013: (3)(e) amended, (HB 13-1043), ch. 39, p. 110, � 1, effective March 15; (3)(o.5) amended, (HB 13-1254), ch. 341, p. 1981, � 1, effective August 7. L. 2020: (3)(h.5) added, (SB 20-221), ch. 279, p. 1368, � 5, effective July 13. L. 2023: (3)(p) amended, (SB 23-034), ch. 316, p. 1916, � 1, effective July 1. L. 2024: (3)(r.5) added, (SB 24-189), ch. 305, p. 2068, � 3, effective July 1.

Editor's note: Amendments to subsection (3)(l)(II) in House Bill 89-1236 and

Senate Bill 89-66 were harmonized. Amendments to subsection (3)(l)(II) in House Bill 92-1192 and House Bill 92-1276 were harmonized. Amendments to subsection (3)(l)(III) in House Bill 95-1087 and House Bill 95-1280 were harmonized. Amendments to subsection (3)(l)(IV) in Senate Bill 96-176 and House Bill 96-1005 were harmonized, effective January 1, 1997. Amendments to subsection (3)(l)(II)(A) in Senate Bill 00-077 and House Bill 00-1421 were harmonized. Amendments to subsection (3)(l)(III) by House Bill 02-1313, House Bill 02-1046, and Senate Bill 02-005 were harmonized.

Cross references: For the legislative declaration contained in the 1992 act

amending subsections (3)(l)(I), (3)(l)(II), and IP(3)(l)(IV.5), see section 12 of chapter 167, Session Laws of Colorado 1992. For the legislative declaration contained in the 2002 act amending subsection (3)(l)(III), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in SB 20-221, see section 1 of chapter 279, Session Laws of Colorado 2020.

PART 10

ORDERS AND PROCEEDINGS AGAINST DEFENDANT

Law reviews: For article, 1994 Legislature Strengthens Domestic Violence

Protective Orders, see 23 Colo. Law. 2327 (1994); for article, Dissolution of Marriage and Domestic Violence: Considerations for the Family Law Practitioner, see 37 Colo. Law. 43 (Oct. 2008).

C.R.S. § 18-10-108

18-10-108. Exceptions. Nothing contained in this article 10 shall be construed to modify, amend, or otherwise affect the validity of any provisions contained in part 6 of article 21 of title 24 and articles 30 and 32 of title 44.

Source: L. 71: R&RE, p. 479, � 1. C.R.S. 1963: � 40-10-108. L. 91: Entire section

amended, p. 1582, � 9, effective June 4. L. 2018: Entire section amended, (HB 18-1024), ch. 26, p. 322, � 13, effective October 1; entire section amended, (HB 18-1375), ch. 274, p. 1726, � 94, effective October 1.

ARTICLE 10.5

Simulated Gambling Devices

18-10.5-101.  Legislative declaration. (1)  The general assembly finds,

determines, and declares that:

(a)  Recently, certain individuals and companies have developed electronic

machines, systems, and devices to enable gambling through pretextual sweepstakes relationships predicated on the sale of internet services, telephone cards, and other products at business locations that are or may be commonly known as internet sweepstakes cafes. These machines, systems, and devices, as more fully described in this article, appear designed to evade the existing constitutional and statutory regulations on gambling activity in Colorado and therefore are declared to be contrary to the public policy of this state.

(b)  The gambling occurring at internet sweepstakes cafes has none of the

protections that are afforded to players at legal gaming sites in Colorado. This absence of uniform regulation and ongoing, governmental oversight presents a danger to consumers throughout the state of Colorado. These sites comply with none of the regulatory requirements, such as surveillance and tracking of wagers and payouts, to assure consumers that gambling is being conducted fairly and honestly. The general assembly finds that these dangers are profound, putting at risk the financial resources of vulnerable persons and customers who are used to wagering based on clear regulatory standards and who have official lines of authority to which they may appeal when there are questionable or illegal practices used by a licensed gaming operator.

(c)  The proliferation of internet sweepstakes cafes presents an increasing

risk to consumers, particularly as these sweepstakes cafes have spread to sites throughout the state and are capable of operating without facing adverse consequences for their illegal, unfair, or unregulated acts;

(d)  The diversion of consumer dollars to these untaxed gambling activities

not only presents the opportunity for theft but also undermines state and local programs that are funded by revenue derived from legalized gambling, including parks and recreation, historic preservation, and the state's general fund;

(e)  There is no adequate local or federal regulation of internet sweepstakes

cafes, and the ability of the owners of those facilities to operate in any community in the state or to move their operations from one part of the state to another without notifying any regulatory body makes this an issue of statewide concern, appropriate for action by the general assembly;

(f)  The voters of Colorado have carefully chosen the forms of gambling to

which to give their approval and the conditions under which those forms of gambling may be conducted. At no time has the question of legalization of internet sweepstakes cafes been presented to the voters of this state. Without a vote of the people, the state of Colorado cannot permit the operation of unauthorized, unregulated, and unsupervised gambling or lotteries in violation of section 2 or 9 of article XVIII of the Colorado constitution.

Source: L. 2015: Entire article added, (HB 15-1047), ch. 24, p. 57, � 1, effective

March 13.

18-10.5-102.  Definitions.  As used in this article 10.5, unless the context

otherwise requires:

(1)  Electronic gaming machine means an electrically or electronically

operated machine or device that is used by a sweepstakes entrant and that displays the results of a game entry or game outcome to a participant on a screen or other mechanism at a business location, including a private club, that is owned, leased, or otherwise possessed, in whole or in part, by a person conducting the sweepstakes or by that person's partners, affiliates, subsidiaries, agents, or contractors. The term includes a machine or device that:

(a)  Uses a simulated game terminal as a representation of the prizes

associated with the results of the sweepstakes entries;

(b)  Uses software that simulates a game that influences or determines the

winning or value of the prize, or appears to influence or determine the winning or value of the prize;

(c)  Selects prizes from a predetermined, finite pool of entries;


(d)  Uses a mechanism that reveals the content of a predetermined

sweepstakes entry;

(e)  Predetermines the prize results and stores those results for delivery

when the sweepstakes entry is revealed;

(f)  Uses software to create a game result;


(g)  Requires a deposit of any currency or token or the use of any credit card,

debit card, prepaid card, or other method of payment to activate the machine or device;

(h)  Requires direct payment into the machine or device or remote activation

of the machine or device upon payment to the person offering the sweepstakes game;

(i)  Requires the purchase of a related product at additional cost in order to

participate in the sweepstakes game or makes a related product available for no cost but under restrictive conditions;

(j)  Reveals a sweepstakes prize incrementally even though the progress of

the images on the screen does not influence whether a prize is awarded or the value of any prize awarded; or

(k)  Determines and associates the prize with an entry or entries at the time

the sweepstakes is entered.

(2)  Enter or entry means the act or process by which a person becomes

eligible to receive a prize offered in a sweepstakes.

(3)  Entrant means a person who is or seeks to become eligible to receive a

prize offered in a sweepstakes.

(3.5)  Gambling, whether used alone or as part of the phrase simulated

gambling or simulated gambling device, has the meaning set forth in section 18-10-102 (2); except that, for purposes of this article 10.5, the exception set forth in section 18-10-102 (2)(a) does not apply.

(4)  Local jurisdiction means a town, city, city and county, or the

unincorporated area of a county.

(5) (a)  Prize means a gift, award, gratuity, good, service, credit, or anything

else of value, including a thing of value for a gain as defined in section 18-10-102 (1), that may be transferred to an entrant, whether or not possession of the prize is actually transferred or placed on an account or other record as evidence of the intent to transfer the prize.

(b)  Prize does not include:


(I)  Free or additional play;


(II)  Any intangible or virtual award that cannot be converted into money,

goods, or services; or

(III)  A paper or electronic coupon, whether issued to a player as a single

ticket or token or as multiple tickets or tokens, that is won in return for a single play of a device; has a value that does not exceed the equivalent of twenty-five dollars; cannot be exchanged or returned for money, monetary credits, or any financial consideration; and cannot be used to acquire or exchanged for any product that is, contains, or can be used as a constituent part of or accessory for:

(A)  Alcohol beverages;


(B)  Tobacco, tobacco products, marijuana, or smoking; or


(C)  Firearms or ammunition.


(6) (a)  Simulated gambling device means a mechanically or electronically

operated machine, network, system, program, or device that is used by an entrant and that displays simulated gambling displays on a screen or other mechanism at a business location, including a private club, that is owned, leased, or otherwise possessed, in whole or in part, by a person conducting the game or by that person's partners, affiliates, subsidiaries, agents, or contractors; except that the term does not include bona fide amusement devices, as authorized in section 44-3-103 (47), that pay nothing of value, cannot be adjusted to pay anything of value, and are not used for gambling. Simulated gambling device includes:

(I)  A video poker game or any other kind of video card game;


(II)  A video bingo game;


(III)  A video craps game;


(IV)  A video keno game;


(V)  A video lotto game;


(VI)  A video roulette game;


(VII)  A pot-of-gold;


(VIII)  An eight-liner;


(IX)  A video game based on or involving the random or chance matching of

different pictures, words, numbers, or symbols;

(X)  An electronic gaming machine, including a personal computer of any size

or configuration that performs any of the functions of an electronic gaming machine;

(XI)  A slot machine, where results are determined by reason of the skill of

the player or the application of the element of chance, or both, as provided by section 9 (4)(c) of article XVIII of the Colorado constitution; and

(XII)  A device that functions as, or simulates the play of, a slot machine,

where results are determined by reason of the skill of the player or the application of the element of chance, or both, as provided by section 9 (4)(c) of article XVIII of the Colorado constitution.

(b)  Simulated gambling device does not include any pari-mutuel totalisator

equipment that is used for pari-mutuel wagering on live or simulcast racing events and that has been approved by the director of the division of racing events for entities authorized and licensed under article 32 of title 44.

(7)  Sweepstakes means any game, advertising scheme or plan, or other

promotion that, with or without payment of any consideration, allows a person to enter to win or become eligible to receive a prize.

Source: L. 2015: Entire article added, (HB 15-1047), ch. 24, p. 58, � 1, effective

March 13. L. 2018: IP, (5), and (6) amended and (3.5) added, (HB 18-1234), ch. 381, p. 2298, � 3, effective June 6. L. 2019: IP(6)(a) and (6)(b) amended, (SB 19-241), ch. 390, p. 3465, � 13, effective August 2.

18-10.5-103.  Prohibition - penalties - exemptions. (1)  A person commits

unlawful offering of a simulated gambling device if the person offers, facilitates, contracts for, or otherwise makes available to or for members of the public or members of an organization or club any simulated gambling device where:

(a)  The person receives, directly or indirectly, a payment or transfer of

consideration in connection with an entrant's use of the simulated gambling device, admission to premises on which the simulated gambling device is located, or the purchase of any product or service associated with access to or use of the simulated gambling device, regardless of whether consideration in connection with such use, admission, or purchase is monetary or nonmonetary and regardless of whether it is paid or transferred before the simulated gambling device is used by an entrant; and

(b)  As a consequence of, in connection with, or after the play of the

simulated gambling device, an award of a prize is expressly or implicitly made to a person using the device.

(2)  Unlawful offering of a simulated gambling device is a class 2

misdemeanor.

(3)  Without regard to any penalty imposed under subsection (2) of this

section, the attorney general and each district attorney may apply to the district court of a district in which a person who violates subsection (1) of this section is located, advertises for entrants, or does business for appropriate additional relief, including:

(a)  Injunctive relief, including a temporary restraining order or preliminary or

permanent injunction, to restrain and enjoin violations of this section;

(b)  Damages, up to and including three times the total dollar amount of

business transacted or facilitated by any person who violates subsection (1) of this section, payable to the local jurisdiction in which the person is located, advertises for entrants, or does business; and

(c)  Other relief the district court deems appropriate.


(4)  A person who suffers any ascertainable loss of money or of any tangible

or intangible personal property as a result of a violation of this section and who also holds a license to offer gambling services under Colorado law may apply to the district court of any district where the person who violates subsection (1) of this section is or was located, advertises for entrants, or does business for appropriate additional relief, including:

(a)  Injunctive relief, including a temporary restraining order or preliminary or

permanent injunction, to restrain and enjoin violations of this section;

(b)  Damages up to and including three times the actual damages sustained

as a result of violations of this section;

(c)  Reasonable attorney fees and costs; and


(d)  Other relief the district court deems appropriate.


(5)  The court may award reasonable attorney fees and costs to a defendant

for any action filed pursuant to subsection (4) of this section that was substantially groundless, frivolous, or vexatious.

(6)  A criminal conviction against a named defendant under subsection (2) of

this section is prima facie evidence of the liability of that named defendant in an action brought under subsection (3) or (4) of this section.

(7)  A civil action under this section must be filed within one year after the act

or transaction giving rise to the cause of action.

(8)  Conducting or assisting in the conduct of gaming wagering activities and

live or simulcast racing and pari-mutuel wagering activities otherwise authorized by Colorado law is not a violation of this section.

(9)  Nothing in this section:


(a)  Prohibits, limits, or otherwise affects any purchase, sale, exchange, or

other transaction related to stocks, bonds, futures, options, commodities, or other similar instruments or transactions occurring on a stock or commodities exchange, brokerage house, or similar entity; or

(b)  Limits or alters the application of the requirements for sweepstakes,

contests, and similar activities that are otherwise established under the laws of this state.

(10)  The provision of internet or other online access, transmission, routing,

storage, or other communication-related services or website design, development, storage, maintenance, billing, advertising, hypertext linking, transaction processing, or other site-related services by a telephone company, internet service provider, software developer or licensor, or other party providing similar services to customers in the normal course of its business does not violate this section even if those customers use the services to conduct a prohibited game, contest, lottery, or other activity in violation of this article; except that this subsection (10) does not exempt from criminal prosecution or civil liability a software developer, licensor, or other party whose primary purpose in providing such service is to support the offering of simulated gambling devices.

(11)  This section does not apply to an owner, operator, employee, or customer

of a simulated gambling device, or of a business offering simulated gambling devices, who:

(a)  Ceased participating in such activity on or before July 1, 2018; and


(b)  Provides clear documentation to the district attorney that:


(I)  A lawful contract has been entered into for the sale or transfer of all

simulated gambling devices connected with the activity to a person by whom, or into a jurisdiction where, the activity is lawful; and

(II)  Consummates the contract by actually selling or transferring the

simulated gambling devices within one hundred eighty days after the contract was entered into or after any simulated gambling devices that were seized, confiscated, or forfeited by law enforcement authorities have been returned, whichever occurs later.

Source: L. 2015: Entire article added, (HB 15-1047), ch. 24, p. 60, � 1, effective

March 13. L. 2018: (1)(a) amended and (11) added, (HB 18-1234), ch. 381, p. 2300, � 4, effective June 6. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3208, � 341, effective March 1, 2022.

ARTICLE 11

Offenses Involving Disloyalty

Editor's note: This title was repealed and reenacted in 1971. For historical

information concerning the repeal and reenactment, see the editor's note following the title heading.

PART 1

TREASON AND RELATED OFFENSES

C.R.S. § 18-12-101

18-12-101. Peace officer affirmative defense - definitions. (1) As used in this article 12, unless the context otherwise requires:

(a)  Adult means any person eighteen years of age or older.


(a.2) [Editor's note: Subsection (1)(a.2) is effective July 1, 2026.]

Ammunition means an ammunition or cartridge case, primer, bullet, or propellant powder designed for use in a firearm. The term ammunition does not include:

(I)  A shotgun shot or pellet not designed for use as the single, complete

projectile load for one shotgun hull or casing; or

(II)  An unloaded, nonmetallic shotgun hull or casing that does not have a

primer.

(b)  Ballistic knife means any knife that has a blade that is forcefully

projected from the handle by means of a spring-loaded device or explosive charge.

(c)  Blackjack includes any billy, sand club, sandbag, or other hand-operated striking weapon consisting, at the striking end, of an encased piece of

lead or other heavy substance and, at the handle end, a strap or springy shaft that increases the force of impact.

(d)  Bomb means any explosive or incendiary device or molotov cocktail, as

defined in section 9-7-103, or any chemical device that causes or can cause an explosion, that is not specifically designed for lawful and legitimate use in the hands of its possessor.

(e)  Bureau means the Colorado bureau of investigation created in section

24-33.5-401.

(f)  Federal firearms licensee means a federally licensed firearm dealer,

federally licensed firearm importer, and federally licensed firearm manufacturer.

(g)  Federally licensed firearm dealer means a licensed dealer as defined in

18 U.S.C. sec. 921 (a)(11).

(h)  Federally licensed firearm importer means a licensed importer as

defined in 18 U.S.C. sec. 921 (a)(9).

(i)  Federally licensed firearm manufacturer means a licensed manufacturer

as defined in 18 U.S.C. sec. 921 (a)(10).

(j)  Firearm means any weapon, including a starter gun, that can, is

designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of a firearm; or a firearm silencer. Firearm does not include an antique firearm, as defined in 18 U.S.C. sec. 921 (a)(16). In the case of a licensed collector, firearm means only curios and relics. Firearm includes a weapons parts kit that is designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive. Firearm does not include a weapon, including a weapons parts kit, in which the frame or receiver of the firearm, as defined in subsection (1)(m) of this section, or the weapon, is destroyed.

(k)  Firearm silencer means any instrument, attachment, weapon, or

appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent or intended to lessen or muffle the noise of the firing of any such weapon.

(l)  Fire control component means a component necessary for the firearm to

initiate, complete, or continue the firing sequence, including any of the following: Hammer, bolt, bolt carrier, breechblock, cylinder, trigger mechanism, firing pin, striker, or slide rails.

(m)  Frame or receiver of a firearm means a part of a firearm that, when the

complete firearm is assembled, is visible from the exterior and provides housing or a structure designed to hold or integrate one or more fire control components, even if pins or other attachments are required to connect the fire control components. Any part of a firearm imprinted with a serial number is presumed to be a frame or receiver of a firearm, unless the federal bureau of alcohol, tobacco, firearms, and explosives makes an official determination otherwise or there is other reliable evidence to the contrary.

(n)  Gas gun means a device designed for projecting gas-filled projectiles

that release their contents after having been projected from the device and includes projectiles designed for use in such a device.

(o)  Handgun means a pistol, revolver, or other firearm of any description,

loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches.

(p)  Juvenile means any person under the age of eighteen years.


(q)  Knife means any dagger, dirk, knife, or stiletto with a blade over three

and one-half inches in length, or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds, but does not include a hunting or fishing knife carried for sports use. The issue that a knife is a hunting or fishing knife must be raised as an affirmative defense.

(r)  Locking device means a device that prohibits the operation or discharge

of a firearm and that can only be disabled with the use of a key, combination, or biometric data.

(s)  Machine gun means any firearm, whatever its size and usual

designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.

(t)  Repealed.


(u)  Personalized firearm means a firearm that has, as part of its original

manufacture, incorporated design technology that allows the firearm to be fired only by the authorized user and prevents any of the safety characteristics of the firearm from being readily deactivated by anyone other than the authorized user. The technology limiting the firearm's operational use may include, but is not limited to, fingerprint verification, magnetic encoding, radio frequency tagging, and other automatic user identification systems utilizing biometric, mechanical, or electronic systems.

(u.3)  Rapid-fire device means any device, part, kit, tool, accessory, or

combination of parts that has the effect of increasing the rate of fire of a semiautomatic firearm above the standard rate of fire for the semiautomatic firearm that is not otherwise equipped with that device, part, or combination of parts.

(u.7)  Semiautomatic firearm means a firearm that is not a machine gun and

that, upon initiating the firing sequence, fires the first chambered cartridge and uses a portion of the energy of the firing cartridge to extract the expended cartridge case, chamber the next round, and prepare the firing mechanism to fire again, and requires a separate pull, release, push, or initiation of the trigger to fire each cartridge. Semiautomatic firearm includes a semiautomatic rifle, semiautomatic shotgun, or semiautomatic handgun.

(v)  Short rifle means a rifle having a barrel less than sixteen inches long or

an overall length of less than twenty-six inches.

(w)  Short shotgun means a shotgun having a barrel or barrels less than

eighteen inches long or an overall length of less than twenty-six inches.

(x)  Stun gun means a device capable of temporarily immobilizing a person

by the infliction of an electrical charge.

(y)  Three-dimensional printer or 3-D printer means a computer-aided

manufacturing device capable of producing a three-dimensional object from a three-dimensional digital model through an additive manufacturing process that involves the layering of two-dimensional cross sections formed of a resin or similar material that are fused together to form a three-dimensional object.

(z)  Unfinished frame or receiver means any forging, casting, printing,

extrusion, machined body, or similar article that has reached a stage in manufacture when it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm; or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.

(2)  It shall be an affirmative defense to any provision of this article that the

act was committed by a peace officer in the lawful discharge of his duties.

Source: L. 71: R&RE, p. 481, � 1. C.R.S. 1963: � 40-12-101. L. 73: p. 540, � 12. L.

87: (1)(a) R&RE and (1)(a.5) and (1)(i.5) added, p. 674, �� 1, 2, effective May 16. L. 91: (1)(b) amended, p. 407, � 17, effective June 6. L. 93, 1st Ex. Sess.: (1)(a) amended and (1)(a.3), (1)(e.5), and (1)(e.7) added, p. 1, � 1, effective September 13. L. 2007: (1)(e) amended, p. 1688, � 6, effective July 1. L. 2013: (1)(b.5) added, (HB 13-1229), ch. 47, p. 137, � 6, effective March 20. L. 2017: IP(1) amended and (1)(e) and (1)(j) repealed, (SB 17-008), ch. 74, p. 234, � 1, effective August 9. L. 2021: (1)(f.5) and (1)(g.5) added, (HB 21-1106), ch. 39, p. 146, � 3, effective July 1. L. 2023: (1)(b.4), (1)(b.6), (1)(b.8), (1)(b.9), (1)(c.3), (1)(c.5), (1)(g.2), (1)(k), and (1)(l) added, (SB 23-279), ch. 311, p. 1893, � 1, effective June 2; (1)(b.7) and (1)(c.5) added, (SB 23-169), ch. 123, p. 458, � 1, effective August 7. L. 2025: (1)(g.2) repealed and (1)(g.7) and (1)(g.8) added, (SB 25-003), ch. 68, p. 288, � 1, effective April 10; (1) amended, (SB 25-300), ch. 428, p. 2443, � 17, effective August 6; (1)(a.2) added, (HB 25-1133), ch. 89, p. 368, � 1, effective July 1, 2026.

Editor's note: (1)  Amendments to subsection (1)(c.5) by SB 23-169 and SB 23-279 were harmonized.


(2)  Amendments to subsection (1) by SB 25-300 and HB 25-1133 were

harmonized, effective July 1, 2026.

(3)  Amendments to subsection (1) by SB 25-003 and SB 25-300 were

harmonized resulting in the relocation of subsection (1)(g.2), as repealed by SB 25-003, to (1)(t) and subsections (1)(g.7) and (1)(g.8), as added by SB 25-003, to (1)(u.3) nd (1)(u.7), respectively.

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


(2)  For the short title (Promoting Child Safety Through Responsible Firearm

Storage Act) and the legislative declaration in HB 21-1106, see sections 1 and 2 of chapter 39, Session Laws of Colorado 2021.

C.R.S. § 18-12-109

18-12-109. Possession, use, or removal of explosives or incendiary devices - possession of components thereof - chemical, biological, and nuclear weapons - persons exempt - hoaxes. (1) As used in this section:

(a) (I)  Explosive or incendiary device means:


(A)  Dynamite and all other forms of high explosives, including, but not

limited to, water gel, slurry, military C-4 (plastic explosives), blasting agents to include nitro-carbon-nitrate, and ammonium nitrate and fuel oil mixtures, cast primers and boosters, R.D.X., P.E.T.N., electric and nonelectric blasting caps, exploding cords commonly called detonating cord or det-cord or primacord, picric acid explosives, T.N.T. and T.N.T. mixtures, and nitroglycerin and nitroglycerin mixtures;

(B)  Any explosive bomb, grenade, missile, or similar device; and


(C)  Any incendiary bomb or grenade, fire bomb, or similar device, including

any device, except kerosene lamps, which consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound and can be carried or thrown by one individual acting alone.

(II)  Explosive or incendiary device shall not include rifle, pistol, or shotgun

ammunition, or the components for handloading rifle, pistol, or shotgun ammunition.

(b) (I)  Explosive or incendiary parts means any substances or materials or

combinations thereof which have been prepared or altered for use in the creation of an explosive or incendiary device. Such substances or materials may include, but shall not be limited to, any:

(A)  Timing device, clock, or watch which has been altered in such a manner

as to be used as the arming device in an explosive;

(B)  Pipe, end caps, or metal tubing which has been prepared for a pipe bomb;


(C)  Mechanical timers, mechanical triggers, chemical time delays, electronic

time delays, or commercially made or improvised items which, when used singly or in combination, may be used in the construction of a timing delay mechanism, booby trap, or activating mechanism for any explosive or incendiary device.

(II)  Explosive or incendiary parts shall not include rifle, pistol, or shotgun

ammunition, or the components for handloading rifle, pistol, or shotgun ammunition, or any signaling device customarily used in operation of railroad equipment.

(2) (a)  Any person who knowingly possesses or controls an explosive or

incendiary device commits a class 5 felony.

(b)  Any person who knowingly manufacturers, gives, mails, sends, or causes

to be sent an explosive or incendiary device commits a class 4 felony.

(2.5) (a)  Any person who knowingly possesses or controls a chemical,

biological, or radiological weapon commits a class 4 felony.

(b)  Any person who knowingly manufacturers, gives, mails, sends, or causes

to be sent a chemical, biological, or nuclear weapon commits a class 3 felony.

(3)  Subsection (2) of this section shall not apply to the following persons:


(a)  A peace officer while acting in his official capacity transporting or

otherwise handling explosives or incendiary devices;

(b)  A member of the armed forces of the United States or Colorado National

Guard while acting in his official capacity;

(c)  An authorized employee of the office of active and inactive mines in the

division of reclamation, mining, and safety while acting within the scope of his or her employment;

(d)  A person possessing a valid permit issued under the provisions of article

7 of title 9, C.R.S., or an employee of such permittee acting within the scope of his employment;

(e)  A person who is exempt from the necessity of possessing a permit under

the provisions of section 9-7-106 (5), C.R.S., or an employee of such exempt person acting within the scope of his employment;

(f)  A person or entity authorized to use chemical, biological, or radiological

materials in their lawful business operations while using the chemical, biological, or radiological materials in the course of legitimate business activities. Authorized users shall include clinical, environmental, veterinary, agricultural, public health, or radiological laboratories and entities otherwise licensed to possess radiological materials.

(4)  Any person who knowingly uses or causes to be used or gives, mails,

sends, or causes to be sent an explosive or incendiary device or a chemical, biological, or radiological weapon or materials in the commission of or in an attempt to commit a felony commits a class 2 felony.

(5)  Any person who removes or causes to be removed or carries away any

explosive or incendiary device from the premises where the explosive or incendiary device is kept by the lawful user, vendor, transporter, or manufacturer thereof, without the consent or direction of the lawful possessor, commits a class 4 felony.

(5.5)  Any person who removes or causes to be removed or carries away any

chemical, biological, or radiological weapon from the premises where the chemical, biological, or radiological weapon is kept by the lawful user, vendor, transporter, or manufacturer thereof, without the consent or direction of the lawful possessor, commits a class 3 felony.

(6)  Any person who possesses any explosive or incendiary parts commits a

class 5 felony.

(6.5)  Any person who possesses any chemical weapon, biological weapon, or

nuclear weapon parts commits a class 4 felony.

(7)  Any person who manufactures or possesses or who gives, mails, sends, or

causes to be sent any false, facsimile, or hoax explosive or incendiary device or chemical, biological, or radiological weapon to another person or places any such purported explosive or incendiary device or chemical, biological, or radiological weapon in or upon any real or personal property commits a class 5 felony.

(8)  Any person possessing a valid permit issued under the provisions of

article 7 of title 9, C.R.S., or an employee of such permittee acting within the scope of his employment, who knowingly dispenses, distributes, or sells explosive or incendiary devices to a person who is not authorized to possess or control such explosive or incendiary device commits a class 4 felony.

Source: L. 74: Entire section added, p. 256, � 1, effective March 21. L. 77: (4)

amended, p. 971, � 64, effective July 1; entire section R&RE, p. 992, � 1, effective July 1. L. 81: (1)(a)(I)(A) and (7) amended, p. 977, � 21, effective July 1. L. 84: (8) added, p. 539, � 18, effective July 1. L. 92: (3)(c) amended, p. 1970, � 72, effective July 1. L. 2001: (2) amended, p. 857, � 1, effective July 1. L. 2002: (2.5), (3)(f), (5.5), and (6.5) added and (4) and (7) amended, pp. 1195, 1196, �� 1, 2, effective June 3. L. 2003: (5) and (5.5) amended, p. 1428, � 11, effective April 29; (5.5) amended, p. 1433, � 26, effective July 1. L. 2006: (3)(c) amended, p. 213, � 3, effective August 7. L. 2023: (2), (2.5), (5), (5.5), (6), and (6.5) amended, (HB 23-1293), ch. 298, p. 1792, � 48, effective October 1.

Editor's note:  Amendments to subsection (5.5) by sections 11 and 26 of HB

03-1236 were harmonized.

C.R.S. § 18-18-426

18-18-426. Drug paraphernalia - definitions. As used in sections 18-18-425 to 18-18-430, unless the context otherwise requires:

(1)  Drug paraphernalia means all equipment, products, and materials of any

kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the laws of this state. Drug paraphernalia includes, but is not limited to:

(a)  Repealed.


(b)  Scales and balances used, intended for use, or designed for use in

weighing or measuring controlled substances;

(c)  Separation gins and sifters used, intended for use, or designed for use in

removing twigs and seeds from or in otherwise cleaning or refining marijuana;

(d)  Blenders, bowls, containers, spoons, and mixing devices used, intended

for use, or designed for use in compounding controlled substances;

(e)  Capsules, balloons, envelopes, and other containers used, intended for

use, or designed for use in packaging small quantities of controlled substances;

(f)  Containers and other objects used, intended for use, or designed for use

in storing or concealing controlled substances; or

(g)  Objects used, intended for use, or designed for use in ingesting, inhaling,

or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(I)  Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or

without screens, permanent screens, hashish heads, or punctured metal bowls;

(II)  Water pipes;


(III)  Carburetion tubes and devices;


(IV)  Smoking and carburetion masks;


(V)  Roach clips, meaning objects used to hold burning material, such as a

marijuana cigarette that has become too small or too short to be held in the hand;

(VI)  Miniature cocaine spoons and cocaine vials;


(VII)  Chamber pipes;


(VIII)  Carburetor pipes;


(IX)  Electric pipes;


(X)  Air-driven pipes;


(XI)  Chillums;


(XII)  Bongs; or


(XIII)  Ice pipes or chillers.


(2)  Drug paraphernalia does not include:


(a)  Any marijuana accessories as defined in section 16 (2)(g) of article XVIII of

the state constitution; or

(b)  Testing equipment used, intended for use, or designed for use in

identifying or in analyzing the strength, effectiveness, or purity of controlled substances.

Source: L. 92: Entire article R&RE, p. 376, � 1, effective July 1. L. 2010: (1)(c),

IP(1)(g), and (1)(g)(V) amended, (HB 10-1352), ch. 259, p. 1174, � 21, effective August 11. L. 2013: (2) added, (SB 13-283), ch. 332, p. 1891, � 6, effective May 28. L. 2014: (2) amended, (SB 14-129), ch. 387, p. 1938, � 7, effective June 6. L. 2019: IP(1) and (2) amended and (1)(a) repealed, (SB 19-227), ch. 273, p. 2580, � 8, effective May 23.

Editor's note: This section is similar to former � 12-22-502 as it existed prior

to 1992.

C.R.S. § 18-3-407.5

18-3-407.5. Victim evidence - forensic evidence - electronic lie detector exam without victim's consent prohibited. (1) A law enforcement agency with jurisdiction over a sexual assault must pay for any direct cost associated with the collection of forensic evidence from a victim who reports the assault to the law enforcement agency.

(2)  A law enforcement agency, prosecuting officer, or other government

official may not ask or require a victim of a sexual offense to submit to a polygraph examination or any form of a mechanical or electrical lie detector examination as a condition for proceeding with any criminal investigation or prosecution of an offense. A law enforcement agency shall conduct the examination only with the victim's written informed consent. Consent shall not be considered informed unless the law enforcement agency informs the victim in writing of the victim's right to refuse to submit to the examination. In addition, the law enforcement agency shall orally provide to the victim information about the potential uses of the results of the examination.

(3) (a)  A law enforcement agency, prosecuting officer, or other government

official may not ask or require a victim of a sexual offense to participate in the criminal justice system process or cooperate with the law enforcement agency, prosecuting officer, or other government official as a condition of receiving a forensic medical examination that includes the collection of evidence.

(b)  A victim of a sexual offense shall not bear the cost of a forensic medical

examination that includes the collection of evidence that is used for the purpose of evidence collection even if the victim does not want to participate in the criminal justice system or otherwise cooperate with the law enforcement agency, prosecuting officer, or other government official. The division of criminal justice in the department of public safety shall pay the cost of the examination.

(c)  When personnel at a medical facility perform a medical forensic

examination that includes the collection of evidence based on the request of a victim of a sexual offense and the medical facility performing the examination knows where the crime occurred, the facility shall contact the law enforcement agency in whose jurisdiction the crime occurred regarding preservation of the evidence. If the medical facility does not know where the crime occurred, the facility shall contact its local law enforcement agency regarding preservation of the evidence. Notwithstanding any other statutory requirements regarding storage of biological evidence, the law enforcement agency contacted by the medical facility shall retrieve the evidence from the facility and maintain it pursuant to section 18-1-1103, unless a victim objects to its destruction pursuant to section 24-4.1-303, in which case the law enforcement agency must maintain it for an additional ten years.

(d)  A law enforcement agency shall not submit medical forensic evidence

associated with an anonymous report submitted pursuant to section 12-240-139 to the Colorado bureau of investigation or any other laboratory for testing as described in section 24-33.5-113. Medical forensic evidence associated with a medical report submitted pursuant to section 12-240-139, when the victim has consented to evidence testing, shall be submitted to the Colorado bureau of investigation or another laboratory and tested, pursuant to section 24-33.5-113, regardless of whether the victim has chosen to participate in the criminal justice system.

Source: L. 95: Entire section added, p. 948, � 3, effective July 1. L. 2008: (2)

amended and (3) added, p. 263, � 1, effective March 31. L. 2013: (1) amended, (HB 13-1163), ch. 215, p. 895, � 2, effective May 13. L. 2015: (3)(c) amended and (3)(d) added, (SB 15-128), ch. 65, p. 181, � 2, effective March 30. L. 2019: (3)(d) amended, (HB 19-1172), ch. 136, p. 1675, � 92, effective October 1. L. 2021: (3)(c) amended, (HB 21-1143), ch. 191, p. 1013, � 6, effective May 27.

Cross references: For the legislative declaration in HB 21-1143, see section 1

of chapter 191, Session Laws of Colorado 2021.

C.R.S. § 18-3-602

18-3-602. Stalking - penalty - definitions - Vonnie's law. (1) A person commits stalking if directly, or indirectly through another person, the person knowingly:

(a)  Makes a credible threat to another person and, in connection with the

threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or

(b)  Makes a credible threat to another person and, in connection with the

threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or

(c)  Repeatedly follows, approaches, contacts, places under surveillance, or

makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

(2)  For the purposes of this part 6:


(a)  Conduct in connection with a credible threat means acts that further,

advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat.

(b)  Credible threat means a threat, physical action, or repeated conduct

that would cause a reasonable person to be in fear for the person's safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.

(c)  Immediate family includes the person's spouse and the person's parent,

grandparent, sibling, or child.

(d)  Repeated or repeatedly means on more than one occasion.


(3)  A person who commits stalking:


(a)  Commits a class 5 felony for a first offense except as otherwise provided

in subsection (5) of this section; or

(b)  Commits a class 4 felony for a second or subsequent offense, if the

offense occurs within seven years after the date of a prior offense for which the person was convicted.

(4)  Stalking is an extraordinary risk crime that is subject to the modified

presumptive sentencing range specified in section 18-1.3-401 (10).

(5)  If, at the time of the offense, there was a temporary or permanent

protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described in this section, the person commits a class 4 felony.

(6)  Nothing in this section shall be construed to alter or diminish the inherent

authority of the court to enforce its orders through civil or criminal contempt proceedings; however, before a criminal contempt proceeding is heard before the court, notice of the proceedings shall be provided to the district attorney for the judicial district of the court where the proceedings are to be heard and the district attorney for the judicial district in which the alleged act of criminal contempt occurred. The district attorney for either district shall be allowed to appear and argue for the imposition of contempt sanctions.

(7)  A peace officer shall have a duty to respond as soon as reasonably

possible to a report of stalking and to cooperate with the alleged victim in investigating the report.

(8) (a)  When a person is arrested for an alleged violation of this section, the

fixing of bail for the crime of stalking shall be done in accordance with section 16-4-105 (4), C.R.S., and a protection order shall issue in accordance with section 18-1-1001 (5).

(b)  This subsection (8) shall be known and may be cited as Vonnie's law.


(9)  When a violation under this section is committed in connection with a

violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentences imposed pursuant to this section and pursuant to section 18-6-803.5 or any sentence imposed in a contempt proceeding for violation of the court order shall be served consecutively and not concurrently.

Source: L. 2010: Entire part added with relocations, (HB 10-1233), ch. 88, p.

294, � 1, effective August 11. L. 2012: (5) amended and (8) and (9) added, (HB 12-1114), ch. 176, pp. 632, 631, � � 4, 1, effective May 11. L. 2014: (8)(a) amended, (SB 14-212), ch. 397, p. 2000, � 8, effective July 1.

Editor's note: This section is similar to former � 18-9-111 (4)(b), (4)(c), (5), and

(6), as they existed prior to 2010.

ARTICLE 3.5

Offenses Against Pregnant Women

Editor's note: This article was added in 2003 and was not amended prior to

1. It was repealed and reenacted in 2013, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article prior to 2013, consult the 2012 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

   Cross references: For the legislative declaration in the 2013 act amending this article, see section 1 of chapter 372, Session Laws of Colorado 2013.

   18-3.5-101. Definitions. As used in this article, unless the context otherwise requires:

   (1) Consent has the same meaning as provided in section 18-1-505.

   (2) Intentionally or with intent has the same meaning as provided in section 18-1-501.

   (3) Knowingly has the same meaning as provided in section 18-1-501.

   (4) Pregnancy, for purposes of this article only and notwithstanding any other definition or use to the contrary, means the presence of an implanted human embryo or fetus within the uterus of a woman.

   (5) Recklessly shall have the same meaning as provided in section 18-1-501.

   (6) Unlawful termination of pregnancy means the termination of a pregnancy by any means other than birth or a medical procedure, instrument, agent, or drug, for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained, or for which the pregnant woman's consent is implied by law.

   Source: L. 2013: Entire article R&RE, (HB 13-1154), ch. 372, p. 2186, � 2, effective July 1.

   18-3.5-102. Exclusions. (1) Nothing in this article shall permit the prosecution of a person for any act of providing medical, osteopathic, surgical, mental health, dental, nursing, optometric, healing, wellness, or pharmaceutical care; furnishing inpatient or outpatient hospital or clinic services; furnishing telemedicine services; or furnishing any service related to assisted reproduction or genetic testing.

   (2) Nothing in this article shall permit the prosecution of a woman for any act or any failure to act with regard to her own pregnancy.

   Source: L. 2013: Entire article R&RE, (HB 13-1154), ch. 372, p. 2186, � 2, effective July 1.

   18-3.5-103. Unlawful termination of pregnancy in the first degree. (1) A person commits the offense of unlawful termination of pregnancy in the first degree if, with the intent to terminate unlawfully the pregnancy of a woman, the person unlawfully terminates the woman's pregnancy.

   (2) Unlawful termination of pregnancy in the first degree is a class 3 felony but is a class 2 felony if the woman dies as a result of the unlawful termination of a pregnancy.

   (3) A defendant convicted pursuant to subsection (1) of this section shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.

   Source: L. 2013: Entire article R&RE, (HB 13-1154), ch. 372, p. 2187, � 2, effective July 1.

   18-3.5-104. Unlawful termination of pregnancy in the second degree. (1) A person commits the offense of unlawful termination of pregnancy in the second degree if the person knowingly causes the unlawful termination of the pregnancy of a woman.

   (2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), unlawful termination of pregnancy in the second degree is a class 4 felony.

   (b) If unlawful termination of pregnancy in the second degree is committed under circumstances where the act causing the unlawful termination of pregnancy is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the unlawful termination of pregnancy sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the unlawful termination of pregnancy sufficient for the voice of reason and humanity to be heard, it is a class 5 felony.

   (3) A defendant convicted pursuant to subsection (1) of this section shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.

   Source: L. 2013: Entire article R&RE, (HB 13-1154), ch. 372, p. 2187, � 2, effective July 1.

   18-3.5-105. Unlawful termination of pregnancy in the third degree. (1) A person commits the offense of unlawful termination of pregnancy in the third degree if, under circumstances manifesting extreme indifference to the value of human life, the person knowingly engages in conduct that creates a grave risk of death to another person, and thereby causes the unlawful termination of the pregnancy of a woman.

   (2) Unlawful termination of pregnancy in the third degree is a class 5 felony.

   Source: L. 2013: Entire article R&RE, (HB 13-1154), ch. 372, p. 2187, � 2, effective July 1.

   18-3.5-106. Unlawful termination of pregnancy in the fourth degree. (1) A person commits the offense of unlawful termination of pregnancy in the fourth degree if the person recklessly causes the unlawful termination of the pregnancy of a woman at such time as the person knew or reasonably should have known that the woman was pregnant.

   (2) (a) Unlawful termination of pregnancy in the fourth degree is a class 6 felony.

   (b) Unlawful termination of pregnancy in the fourth degree by any person is a class 5 felony if the pregnancy of the woman, other than a participant in the crime, is unlawfully terminated during the commission or attempted commission of or flight from the commission or attempted commission of murder, assault in the first or second degree, robbery, arson, burglary, escape, kidnapping in the first degree, sexual assault, sexual assault in the first or second degree as such offenses existed prior to July 1, 2000, or class 3 felony sexual assault on a child, but only to the extent that the person is a principal in the criminal act or attempted criminal act, as described in section 18-1-603.

   Source: L. 2013: Entire article R&RE, (HB 13-1154), ch. 372, p. 2188, � 2, effective July 1.

   18-3.5-107. Vehicular unlawful termination of pregnancy. (1) If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of the unlawful termination of the pregnancy of a woman, such person commits vehicular unlawful termination of pregnancy.

   (2) Vehicular unlawful termination of pregnancy in violation of subsection (1) of this section is a class 5 felony.

   Source: L. 2013: Entire article R&RE, (HB 13-1154), ch. 372, p. 2188, � 2, effective July 1.

   18-3.5-108. Aggravated vehicular unlawful termination of pregnancy - definitions. (1) (a) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of the unlawful termination of the pregnancy of a woman, such person commits aggravated vehicular unlawful termination of pregnancy. This is a strict liability crime.

   (b) As used in this subsection (1):

   (I) Driving under the influence means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affect such person to a degree that such person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

   (II) One or more drugs means all substances defined as a drug in section 12-280-103 (16), and all controlled substances defined in section 18-18-102 (5), and glue-sniffing, aerosol inhalation, or the inhalation of any other toxic vapor or vapors as defined in section 18-18-412.

   (c) The fact that a person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state shall not constitute a defense against any charge of violating this subsection (1).

   (2) Aggravated vehicular unlawful termination of pregnancy, in violation of paragraph (a) of subsection (1) of this section, is a class 4 felony.

   (3) In any prosecution for a violation of subsection (1) of this section, the amount of alcohol in the defendant's blood or breath at the time of the commission of the alleged offense or within a reasonable time thereafter, as shown by analysis of the defendant's blood or breath, shall give rise to the following presumptions:

   (a) If there was at such time 0.05 or less grams of alcohol per one hundred milliliters of blood, or if there was at such time 0.05 or less grams of alcohol per two hundred ten liters of breath, it shall be presumed that the defendant was not under the influence of alcohol.

   (b) If there was at such time in excess of 0.05 grams but less than 0.08 grams of alcohol per one hundred milliliters of blood, or if there was at such time in excess of 0.05 grams but less than 0.08 grams of alcohol per two hundred ten liters of breath, such fact may be considered with other competent evidence in determining whether or not the defendant was under the influence of alcohol.

   (c) If there was at such time 0.08 or more grams of alcohol per one hundred milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per two hundred ten liters of breath, it shall be presumed that the defendant was under the influence of alcohol.

   (4) The limitations of subsection (3) of this section shall not be construed as limiting the introduction, reception, or consideration of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol.

   (5) (a) If a law enforcement officer has probable cause to believe that a person was driving a motor vehicle in violation of paragraph (a) of subsection (1) of this section, the person, upon the request of the law enforcement officer, shall take and complete, and cooperate in completing, any test or tests of the person's blood, breath, saliva, or urine for the purpose of determining the alcohol or drug content within his or her system. The type of test or tests shall be determined by the law enforcement officer requiring the test or tests. If the person refuses to take, complete, or cooperate in completing any test or tests, the test or tests may be performed at the direction of a law enforcement officer having probable cause, without the person's authorization or consent. If a person refuses to take, complete, or cooperate in taking or completing any test or tests required by this paragraph (a), the person shall be subject to license revocation pursuant to the provisions of section 42-2-126 (3), C.R.S. When the test or tests show that the amount of alcohol in a person's blood was in violation of the limits provided for in section 42-2-126 (3)(a), (3)(b), (3)(d), or (3)(e), C.R.S., the person shall be subject to license revocation pursuant to the provisions of section 42-2-126, C.R.S.

   (b) Any person who is required to submit to testing shall cooperate with the person authorized to obtain specimens of his or her blood, breath, saliva, or urine, including the signing of any release or consent forms required by any person, hospital, clinic, or association authorized to obtain such specimens. If such person does not cooperate with the person, hospital, clinic, or association authorized to obtain such specimens, including the signing of any release or consent forms, such noncooperation shall be considered a refusal to submit to testing.

   (c) The tests shall be administered at the direction of a law enforcement officer having probable cause to believe that the person committed a violation of paragraph (a) of subsection (1) of this section and in accordance with rules and regulations prescribed by the state board of health concerning the health of the person being tested and the accuracy of the testing. Strict compliance with the rules and regulations shall not be a prerequisite to the admissibility of test results at trial unless the court finds that the extent of noncompliance with a board of health rule has so impaired the validity and reliability of the testing method and the test results as to render the evidence inadmissible. In all other circumstances, failure to strictly comply with such rules and regulations shall only be considered in the weight to be given to the test results and not to the admissibility of the test results. It shall not be a prerequisite to the admissibility of test results at trial that the prosecution present testimony concerning the composition of any kit used to obtain blood, urine, saliva, or breath specimens. A sufficient evidentiary foundation concerning the compliance of such kits with the rules and regulations of the department of public health and environment shall be established by the introduction of a copy of the manufacturer's or supplier's certificate of compliance with the rules and regulations if the certificate specifies the contents, sterility, chemical makeup, and amounts of chemicals contained in such kit.

   (d) No person except a physician, a registered nurse, an emergency medical service provider certified or licensed under section 25-3.5-203 who is authorized within his or her scope of practice to draw blood, or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse may withdraw blood for the purpose of determining the alcohol or drug content in the blood. In any trial for a violation of subsection (1)(a) of this section, testimony of a law enforcement officer that the officer witnessed the taking of a blood specimen by a person who the officer reasonably believed was authorized to withdraw blood specimens is sufficient evidence that the person was so authorized, and testimony from the person who obtained the blood specimens concerning the person's authorization to obtain blood specimens is not a prerequisite to the admissibility of test results concerning the blood specimens obtained. Civil liability does not attach to any person authorized to obtain blood, breath, saliva, or urine specimens or to any hospital, clinic, or association in or for which the specimens are obtained pursuant to this subsection (5) as a result of the act of obtaining the specimens from any person if the specimens were obtained according to the rules prescribed by the state board of health; except that this subsection (5) does not relieve any such person from liability for negligence in obtaining any specimen sample.

   (e) Any person who is dead or unconscious shall be tested to determine the alcohol or drug content of his or her blood or any drug content of his or her system as provided in this subsection (5). If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endanger the person's life or health, the law enforcement agency shall be allowed to test any blood, urine, or saliva that was obtained and not utilized by a health-care provider and shall have access to that portion of the analysis and results of any tests administered by the provider that show the alcohol or drug content of the person's blood or any drug content within his or her system. Such test results shall not be considered privileged communications, and the provisions of section 13-90-107, C.R.S., relating to the physician-patient privilege shall not apply. Any person who is dead, in addition to the tests prescribed, shall also have his or her blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment. Any information obtained shall be made a part of the law enforcement officer's accident report.

   (f) If a person refuses to take, complete, or cooperate in completing any test or tests as provided in this subsection (5) and the person subsequently stands trial for a violation of subsection (1)(a) of this section, the refusal to take, complete, or cooperate with completing any test or tests shall be admissible into evidence at the trial, and the person may not claim the privilege against self-incrimination with regard to the admission of his or her refusal to take, complete, or cooperate with completing any test or tests.

   (g) Notwithstanding any provision of section 42-4-1301.1, C.R.S., concerning requirements that relate to the manner in which tests are administered, the test or tests taken pursuant to the provisions of this section may be used for the purposes of driver's license revocation proceedings under section 42-2-126, C.R.S., and for the purposes of prosecutions for violations of section 42-4-1301 (1) or (2), C.R.S.

   (6) In all actions, suits, and judicial proceedings in any court of this state concerning alcohol-related or drug-related traffic offenses, the court shall take judicial notice of methods of testing a person's alcohol or drug level and of the design and operation of devices, as certified by the department of public health and environment, for testing a person's blood, breath, saliva, or urine to determine his or her alcohol or drug level. This subsection (6) shall not prevent the necessity of establishing during a trial that the testing devices used were working properly and that such testing devices were properly operated. Nothing in this subsection (6) shall preclude a defendant from offering evidence concerning the accuracy of testing devices.

   Source: L. 2013: Entire article R&RE, (HB 13-1154), ch. 372, p. 2188, � 2, effective July 1. L. 2018: (5)(d) and (5)(f) amended, (HB 18-1375), ch. 274, p. 1702, � 26, effective May 29. L. 2019: (5)(d) amended, (SB 19-242), ch. 396, p. 3527, � 12, effective May 31; (1)(b)(II) amended, (HB 19-1172), ch. 136, p. 1675, � 93, effective October 1.

   18-3.5-109. Careless driving resulting in unlawful termination of pregnancy - penalty. (1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, electric scooter, or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, and causes the unlawful termination of a pregnancy of a woman is guilty of careless driving resulting in unlawful termination of pregnancy. A person convicted of careless driving of a bicycle, electrical assisted bicycle, or electric scooter resulting in the unlawful termination of pregnancy is not subject to section 42-2-127.

   (2) Any person who violates any provision of this section commits a class 1 misdemeanor traffic offense.

   Source: L. 2013: Entire article R&RE, (HB 13-1154), ch. 372, p. 2192, � 2, effective July 1. L. 2019: (1) amended, (HB 19-1221), ch. 271, p. 2566, � 18, effective May 23.

   18-3.5-110. Construction. Nothing in this article shall be construed to confer the status of person upon a human embryo, fetus, or unborn child at any stage of development prior to live birth.

   Source: L. 2013: Entire article R&RE, (HB 13-1154), ch. 372, p. 2192, � 2, effective July 1.

ARTICLE 4

Offenses Against Property

Editor's note: This title was repealed and reenacted in 1971. For historical

information concerning the repeal and reenactment, see the editor's note following the title heading.

PART 1

ARSON

Cross references: For the Fraudulent Claims and Arson Information

Reporting Act, see part 10 of article 4 of title 10.

C.R.S. § 18-4-506.5

18-4-506.5. Tampering with a utility meter - penalty. (1) Any person who connects any pipe, tube, stopcock, wire, cord, socket, motor, or other instrument or contrivance with any main, service pipe, or other medium conducting or supplying gas, water, or electricity to any building without the knowledge and consent of the person supplying such gas, water, or electricity commits a class 2 misdemeanor.

(2)  Any person who in any manner alters, obstructs, or interferes with the

action of any meter provided for measuring or registering the quantity of gas, water, or electricity passing through said meter without the knowledge and consent of the person owning said meter commits a class 2 misdemeanor.

(3)  Nothing in this section shall be construed to apply to any licensed

electrical or plumbing contractor while performing usual and ordinary services in accordance with recognized customs and standards.

Source: L. 80: Entire section added, p. 534, � 1, effective July 1.

C.R.S. § 18-4-701

18-4-701. Theft of cable service - definitions. (1) As used in this part 7, unless the context otherwise requires:

(a)  Cable operator means any person who:


(I)  Provides cable service over a cable system in which such person directly

or through one or more affiliates owns a significant interest; or

(II)  Controls or is responsible for the management and operation of such

cable system through any arrangement.

(b)  Cable service means:


(I)  The one-way transmission to subscribers of a video programming service;


(II)  Two-way interactive services delivered over a cable system;


(III)  Subscriber interaction, if any, that is required for the selection or use of

such video programming or interactive service.

(c)  Cable system means a facility consisting of a set of closed transmission

paths and associated signal operation, reception, and control equipment that is designed to provide cable service.

(2)  A person commits theft of cable service if such person knowingly:


(a)  Obtains cable service from a cable operator by trick, artifice, deception,

use of an unauthorized device or decoder, or other means without authorization or with the intent to deprive such cable operator of lawful compensation for the services rendered;

(b) (I)  Makes or maintains, without authority from or payment to a cable

operator, a connection or connections, whether physical, electrical, mechanical, acoustical, or otherwise with any cable, wire, component, or other device used for the distribution of cable services.

(II)  Notwithstanding subparagraph (I) of this paragraph (b), this paragraph (b)

shall not include circumstances where a person has attached a wire or cable to extend service that the person has paid for or that has been authorized to an additional outlet, or where the cable operator has failed to disconnect a previously authorized cable service.

(c)  Modifies, alters, or maintains a modification or alteration to a device

installed or capable of being installed with the authorization of a cable operator, which modification or alteration is for the purpose of intercepting or receiving cable service carried by such cable operator without authority from or payment to such cable operator;

(d)  Possesses without authority, with the intent to receive cable operator

services without authorization from or payment to a cable operator, a device or printed circuit board designed in whole or in part to facilitate the following acts:

(I)  To receive cable services offered for sale over a cable system; or


(II)  To perform or facilitate the performance of any act set forth in

paragraphs (a) to (c) of this subsection (2).

(e)  Manufactures, imports into this state, distributes, sells, leases, or offers

or advertises for sale or lease, with the intent to receive cable services or with the intent to promote the reception of cable services without payment or authorization from a cable operator, any device, printed circuit board, or plan or kit for a device or printed circuit board designed in whole or in part to facilitate the following acts:

(I)  To receive any cable services offered for sale over a cable system; or


(II)  To perform or facilitate the performance of any act set forth in

paragraphs (a) to (c) of this subsection (2).

(f)  Fails to return or surrender equipment used to receive cable service and

provided by a cable operator, after such service has been terminated for any reason.

(3)  This section does not apply to satellite dishes.


(4)  Any person who violates this section commits a petty offense.


Source: L. 84: Entire part added, p. 544, � 1, effective July 1. L. 98: Entire

section amended, p. 411, � 1, effective August 5. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3181, � 226, effective March 1, 2022.

C.R.S. § 18-9-115

18-9-115. Endangering public transportation and utility transmission. (1) A person commits endangering public transportation if such person:

(a)  Tampers with a facility of public transportation with intent to cause any

damage, malfunction, nonfunction, theft, or unauthorized removal of material which would result in the creation of a substantial risk of death or serious bodily injury to anyone; or

(b)  Repealed.


(c)  On a public conveyance, knowingly threatens any operator, crew member,

attendant, or passenger:

(I)  With death or imminent serious bodily injury; or


(II)  With a deadly weapon or with words or actions intended to induce belief

that such person is armed with a deadly weapon.

(d)  Repealed.


(1.5)  A person commits endangering utility transmission if such person

tampers with a facility of utility transmission with intent to cause any damage, malfunction, nonfunction, theft, or unauthorized removal of material which would:

(a)  Interrupt performance of utility transmission; or


(b)  Result in a creation of a substantial risk of death or serious bodily injury

to anyone.

(2)  Public means offered or available to the public generally, either free or

upon payment of a fare, fee, rate, or tariff, or offered or made available by a school or school district to pupils regularly enrolled in public or nonpublic schools in preschool through grade twelve.

(3)  Public conveyance includes a passenger or freight train, airplane, bus,

truck, car, boat, tramway, gondola, lift, elevator, escalator, or other device intended, designed, adapted, and used for the public carriage of persons or property.

(4)  Facility of public transportation includes a public conveyance and any

area, structure, or device which is designed, adapted, and used to support, guide, control, permit, or facilitate the movement, starting, stopping, takeoff, landing, or servicing of a public conveyance or the loading or unloading of passengers, freight, or goods.

(4.5)  Facility of utility transmission includes any area, structure, or device

that is designed, adopted, or used to support, guide, control, permit, or facilitate transmission of:

(a)  Electrical energy in excess of thirty thousand volts; or


(b)  Water, liquid fuel, or gaseous fuel by pipeline.


(5)  Endangering public transportation or endangering utility transmission is

a class 3 felony.

Source: L. 71: R&RE, p. 471, � 1. C.R.S. 1963: � 40-9-116. L. 77: (1)(c) amended,

p. 969, � 56, effective July 1. L. 94: (1) amended, p. 1344, � 1, effective July 1. L. 96: (2) amended, p. 1335, � 1, effective July 1. L. 2014: (1)(a), (3), (4), and (5) amended and (1.5) and (4.5) added, (SB 14-049), ch. 271, p. 1089, � 1, effective July 1. L. 2021: (1)(c)(II) amended, (SB 21-271), ch. 462, p. 3204, � 318, effective March 1, 2022; (1)(b)(II) and (1)(d)(II) added by revision, (SB 21-271), ch. 462, pp. 3204, 3331, �� 318, 803.

Editor's note: Subsections (1)(b)(II) and (1)(d)(II) provided for the repeal of

subsections (1)(b) and (1)(d), respectively, effective March 1, 2022. (See L. 2021, pp. 3204, 3331.)

C.R.S. § 2-3-126

2-3-126. Performance audits of Colorado electric transmission authority. At the discretion of the legislative audit committee, the state auditor shall conduct or cause to be conducted a performance audit of the Colorado electric transmission authority created in article 42 of title 40. The state auditor shall prepare a report and recommendations on each audit conducted and shall present the report and recommendations to the committee. The state auditor shall pay the costs of any audit conducted pursuant to this section.

Source: L. 2021: Entire section added, (SB 21-072), ch. 329, p. 2127, � 5,

effective June 24.

C.R.S. § 22-3-102

22-3-102. Courses in which devices to be used - substances and activities dangerous to eyes. (1) Eye protective devices shall be worn in courses including, but not limited to, vocational or industrial art shops or laboratories and chemistry, physics, or combined chemistry-physics laboratories, at any time at which the individual is engaged in, or observing, an activity or the use of hazardous substances likely to cause injury to the eyes.

(2)  Hazardous substances likely to cause physical injury to the eyes include

materials which are flammable, toxic, corrosive to living tissues, irritating, strongly sensitizing, or radioactive or which generate pressure through heat, decomposition, or other means.

(3)  Activity or the use of hazardous substances includes, but is not limited to,

the following:

(a)  Working with hot molten metal;


(b)  Milling, sawing, turning, shaping, cutting, grinding, and stamping of any

solid materials;

(c)  Heat treating, tempering, or kiln firing of any metal or other materials;


(d)  Gas or electric arc welding;


(e)  Working with hot liquids, solids, or chemicals which are flammable, toxic,

corrosive to living tissues, irritating, sensitizing, or radioactive or which generate pressure through heat, decomposition, or other means.

Source: L. 69: p. 1039, � 2. C.R.S. 1963: � 123-36-2.

C.R.S. § 22-32-153

22-32-153. School ventilation and energy efficiency verification and repair - applicability of section - ventilation verification assessment - filtration - HVAC assessment report - mechanical engineer review - adjustments, repairs, upgrades, and replacements - HVAC verification report - certified contractors - grants - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:

(a)  ACCA means the Air Conditioning Contractors of America.


(b)  ASHRAE means the American Society of Heating, Refrigerating and

Air-Conditioning Engineers.

(c)  Certified contractor means a contractor on the certified contractor list.


(d)  Certified contractor list means the certified contractor list created by

the department of labor and employment pursuant to section 40-3.2-105.6 (3)(a).

(e)  Certified TAB technician means a technician certified to perform

testing, adjusting, and balancing of HVAC systems by:

(I)  The Associated Air Balance Council;


(II)  The National Environmental Balancing Bureau;


(III)  The Testing, Adjusting and Balancing Bureau; or


(IV)  A successor organization of an organization named in subsection (1)(e)(I),

(1)(e)(II), or (1)(e)(III) of this section.

(f)  CO2 means carbon dioxide.


(g)  Department means the department of education created in section 24-1-115.


(h)  HVAC means heating, ventilation, and air conditioning.


(i)  HVAC assessment report means an HVAC assessment report described

in subsection (4) of this section.

(j)  International mechanical code means the 2021 international mechanical

code published by the International Code Council or the most recent version adopted by the office of the state architect created in section 24-30-1302.5.

(k)  ISO/IEC 17024 personnel certification standard means the ISO/IEC

17024 personnel certification accreditation standard developed by the International Organization for Standardization and the International Electrotechnical Commission for the purpose of certifying personnel.

(l)  Local education provider means:


(I)  A local education provider, as defined in section 22-16-103 (4); and


(II)  The Colorado school for the deaf and the blind described in section 22-80-102.


(m)  Mechanical engineer means a professional engineer who is licensed

pursuant to part 2 of article 120 of title 12 and has professional experience with HVAC systems.

(n)  MERV means minimum efficiency reporting value, as established by:


(I)  ANSI/ASHRAE standard 52.2-2017, Method of Testing General

Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size;

(II)  ANSI/ASHRAE standard 62.1-2022, Ventilation and Acceptable Indoor

Air Quality;

(III)  ANSI/ASHRAE/ACCA standard 180-2018, Standard Practice for

Inspection and Maintenance of Commercial Building HVAC Systems; and

(IV)  ASHRAE standard 241-2023, Control of Infectious Aerosols.


(o)  NOx has the meaning set forth in section 25-7-1502 (8).


(p)  Occupied areas means the classrooms, auditoriums, gymnasiums,

cafeterias, nurses' offices, restrooms, and offices of a school.

(q)  Project labor agreement has the meaning set forth in 48 CFR 52.222-34.


(r)  Qualified adjusting personnel means:


(I)  A certified TAB technician; or


(II)  A worker who is under the direct supervision of a certified TAB technician.


(s)  Qualified personnel means qualified testing personnel, qualified

adjusting personnel, or other workforce that is hired by and under the direct supervision of a certified contractor for the purpose of performing HVAC work.

(t)  Qualified testing personnel means:


(I)  A certified TAB technician; or


(II)  An individual certified to perform ventilation assessments of HVAC

systems by the International Certification Board or through an equivalent certification program or body accredited under the ISO/IEC 17024 personnel certification standard.

(u)  School means an educational facility operated by a local education

provider.

(v)  TAB means testing, adjusting, and balancing of an HVAC system.


(2)  Applicability of section. On and after August 6, 2025, if a local education

provider undertakes HVAC infrastructure improvements at a school using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall comply with the procedures set forth in this section in implementing the HVAC infrastructure improvements.

(3)  Ventilation verification assessment. Qualified personnel shall perform

all of the following:

(a)  Filtration. MERV 13 or better filtration must be installed in a school's

HVAC system where feasible. Qualified personnel shall:

(I)  Review system capacity and airflow to determine the highest MERV

filtration that can be installed without adversely impacting equipment; and

(II)  Replace or upgrade filters where needed and verify that filters are

installed correctly.

(b)  Ventilation and exhaust. After assessing the filtration as described in

subsection (3)(a) of this section, qualified personnel shall assess the ventilation rates in the school's occupied areas to determine whether they meet the minimum ventilation rate requirements set forth in the international mechanical code. Assessment of the ventilation and exhaust must include all the following:

(I)  Calculation of the estimated minimum outside air ventilation rates for

each occupied area based on the maximum anticipated occupancy and the minimum required ventilation rate per occupant. Calculations must be based on maximum anticipated classroom or other occupied area occupancy rates and determined by the international mechanical code.

(II)  Measurement of outside air and verification that the system provides at

least the minimum outside air ventilation rates calculated pursuant to subsection (3)(b)(I) of this section;

(III)  Verification of coil velocities and unit discharge air temperatures

required to maintain desired indoor conditions and to avoid moisture carryover from cooling coils;

(IV)  Verification that separation between outdoor air intakes and exhaust

discharge outlets meets the requirements of the international mechanical code;

(V)  Confirmation that the air handling unit is bringing in outdoor air and

removing exhaust air as intended by the system design; and

(VI)  Measurement of all exhaust air volume for exhaust fans, such as

restroom exhaust fans, including documentation of any discrepancies from system design.

(c)  Economizers. For HVAC systems with economizers, qualified personnel

shall test system economizer dampers and controls for proper operation. Economizer dampers and controls that are not properly functioning shall be repaired by a certified contractor or the certified contractor's qualified personnel. Qualified personnel shall record recommendations for additional maintenance, replacements, or upgrades in the HVAC assessment report.

(d)  Demand control ventilation. (I)  If demand control ventilation systems are

installed, qualified personnel shall verify their proper operation.

(II)  Demand control ventilation systems that are not properly functioning

shall be repaired by a certified contractor or the certified contractor's qualified personnel.

(III)  If a demand control ventilation system is recommended to be disabled or

is unable to provide recommended ventilation rates, the HVAC system must be configured to meet the minimum ventilation rate requirements without use of the demand control ventilation system and must be tested and adjusted to achieve at least the estimated minimum outside air ventilation rate, as described in subsection (3)(b)(I) of this section.

(e)  Air distribution and building pressurization. (I)  Qualified personnel shall:


(A)  Perform survey readings of inlets and outlets to verify that all ventilation

is reaching the served zones and that there is adequate air distribution;

(B)  Verify that inlets and outlets are balanced within tolerance of the system

design; and

(C)  Document read values and deficiencies. If the original system design

values are not available, qualified personnel shall document available information and note the unavailability of system design values in the HVAC assessment report.

(II)  Qualified personnel shall verify building and space pressure to ensure

that:

(A)  The pressure differential is within tolerance of design, if known; and


(B)  The school building is not over pressurized.


(f)  General maintenance. Qualified personnel shall verify coil condition,

condensate drainage, cooling coil air temperature differential (entering and leaving dry bulb), heat exchanger air temperature differential (entering and leaving dry bulb), and drive assembly condition.

(g)  Operational controls. Qualified personnel shall review control sequences

to verify that systems will maintain intended ventilation, temperature, and humidity conditions during school operation.

(4)  HVAC assessment report. Qualified personnel shall prepare an HVAC

assessment report for review by a mechanical engineer. The HVAC assessment report must include all of the following information:

(a)  The name and address of the school and the certified contractor

completing the work, including the name of the qualified personnel preparing the assessment report and the name of the mechanical engineer certifying the assessment report;

(b)  A description of assessment, maintenance, adjustment, and repair

activities and outcomes;

(c)  Documentation of HVAC equipment model numbers, serial numbers, the

general condition of units, and any additional information that could be used to assess replacement and repair options given the potential for increased energy efficiency benefits;

(d)  Verification that either:


(I)  MERV 13 filters have been installed; or


(II)  The maximum MERV-rated filter that the system is able to effectively

handle has been installed, including an indication of the MERV rating of that filter;

(e)  Verification that all requirements described in this subsection (4) have

been satisfied;

(f)  The verified ventilation rates for occupied areas and whether those rates

meet the estimated requirements set forth in the international mechanical code;

(g)  The verified exhaust rates for occupied areas and whether those rates

meet the requirements of the system's design; and

(h)  Documentation of system deficiencies and recommendations for

additional maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions, if any.

(5)  Mechanical engineer review. A mechanical engineer shall:


(a)  Review the HVAC assessment report;


(b)  Verify or adjust the estimated minimum outside air ventilation rates;


(c)  Determine what, if any, additional adjustments, repairs, upgrades, or

replacements are necessary to meet the minimum ventilation and filtration requirements of the international mechanical code;

(d)  Recommend a pathway for reducing NOx emissions and greenhouse gas

emissions; and

(e)  Provide a cost estimate for all recommended work.


(6)  Adjustments, repairs, upgrades, and replacements. All HVAC repairs,

upgrades, and replacements shall be performed by a certified contractor or the certified contractor's qualified personnel. All HVAC adjustments shall be performed by qualified adjusting personnel.

(7)  HVAC verification report. (a)  A certified contractor or a member of the

certified contractor's qualified personnel shall prepare an HVAC verification report within ten business days after completion of all work described in subsections (3) to (6) of this section.

(b)  The HVAC verification report must include all of the following

information:

(I)  The name and address of the school and the person preparing and

certifying the report;

(II)  A description of assessment, maintenance, adjustment, repair, upgrade,

and replacement activities and outcomes;

(III)  Verification that the certified contractor or the certified contractor's

qualified personnel has complied with all requirements of this section;

(IV)  Verification that either:


(A)  MERV 13 filters have been installed; or


(B)  The maximum MERV-rated filter that the system is able to effectively

handle has been installed, including an indication of the MERV rating of that filter;

(V)  The verified ventilation rates for occupied areas and whether those rates

meet the requirements set forth in the international mechanical code. If ventilation rates do not meet applicable guidance, then the HVAC verification report must include an explanation of why the current system is unable to meet those rates.

(VI)  The verified exhaust rates for occupied areas and whether those rates

meet the requirements set forth in the system's design;

(VII)  Documentation of repairs, upgrades, or replacements performed in

response to:

(A)  The HVAC assessment report; and


(B)  The mechanical engineer's recommendations made pursuant to

subsection (5) of this section;

(VIII)  Documentation of recommendations for additional maintenance,

repairs, replacements, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions;

(IX)  Documentation of the mechanical engineer's recommended pathway for

reducing NOx emissions and greenhouse gas emissions;

(X)  Documentation of initial operating verifications, adjustments, and final

operating verifications and documentation of any adjustments or repairs performed; and

(XI)  Verification that all work has been performed by a certified contractor or

the certified contractor's qualified personnel, including the contractor's name, the names of the qualified personnel, the certification numbers of any qualified personnel, and verification that all construction work has been performed by a certified contractor or the certified contractor's qualified personnel.

(c)  A local education provider shall maintain a copy of the HVAC verification

report for at least five years and make it available to the public upon request.

(8)  Certified contractors (a)  If a local education provider undertakes HVAC

infrastructure improvements as described in this section using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall:

(I)  Obtain and make use of the certified contractor list to assist in contractor

selection and ensure compliance with federal funding requirements; and

(II)  Employ only certified contractors or contractors that use prevailing

wages and apprentices registered with the federal department of labor or the state apprenticeship agency created in section 8-15.7-102 for the performance of the HVAC infrastructure improvements.

(b)  The department shall publish the certified contractor list on its website

and include or reference the list in all of the relevant marketing material for school infrastructure improvement programs to assist in contractor selection and ensure compliance with federal funding requirements.

(c)  The requirement described in subsection (8)(a) of this section does not

apply to mechanical, plumbing, and electrical work that is performed pursuant to a project labor agreement that allows a contractor and all subcontractors to compete for contracts and subcontracts without regard to whether they are parties to a collective bargaining agreement.

(d) (I)  Upon evaluation of bids submitted for an HVAC infrastructure

improvement contract, the local education provider may waive the requirements of this subsection (8) if the local education provider determines that there is substantial evidence that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract.

(II)  A local education provider that undertakes HVAC infrastructure

improvements subject to the requirements of this subsection (8) shall make public all waivers and the specific rationale for granting a waiver. The local education provider shall post notice of a waiver and a justification for the waiver on its website.

Source: L. 2025: Entire section added, (HB 25-1245), ch. 400, p. 2262, � 2,

effective August 6.

Cross references: For the legislative declaration in HB 25-1245, see section 1

of chapter 400, Session Laws of Colorado 2025.

ARTICLE 32.5

Innovation Schools and Innovation School Zones

Within School Districts

22-32.5-101.  Short title. This article shall be known and may be cited as the

Innovation Schools Act of 2008.

Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28.


22-32.5-102.  Legislative declaration. (1)  The general assembly hereby finds

that:

(a)  The constitutional provisions regarding the public education system

direct the general assembly to establish a thorough and uniform statewide system of public education, but they also recognize the importance of preserving local flexibility by granting to each school district board of education the control of instruction in the schools of the school district;

(b)  The constitution's requirement that each school district board of

education is responsible for controlling the instruction in its schools is based on the belief that the delivery of educational services must be tailored to the specific population of students they are intended to serve and that the parents of those students should have great opportunity for input regarding the educational services their children receive;

(c)  In tailoring the delivery of educational services, it is also important that

the persons delivering those services, the principal of the public school and the faculty employed at that school, have the maximum degree of flexibility possible to determine the most effective and efficient manner in which to meet their students' needs;

(d)  To further the goals of high-quality public education throughout the

state, therefore, each school district board of education should have the authority to grant public schools of the school district the maximum degree of flexibility possible to meet the needs of individual students and the communities in which they live; and

(e)  While the ultimate responsibility for controlling the instruction in public

schools continues to lie with the school district board of education of each public school, each school district board of education is strongly encouraged to delegate to each public school a high degree of autonomy in implementing curriculum, making personnel decisions, organizing the school day, determining the most effective use of resources, and generally organizing the delivery of high-quality educational services, thereby empowering each public school to tailor its services most effectively and efficiently to meet the needs of the population of students it serves.

(2)  The general assembly therefore finds that it is in the best interests of the

people of Colorado to enact the Innovation Schools Act of 2008 to achieve the following purposes:

(a)  To grant to Colorado's school districts and public schools greater ability

to meet the educational needs of a diverse and constantly changing student population;

(b)  To encourage intentionally diverse approaches to learning and education

within individual school districts;

(c)  To improve educational performance through greater individual school

autonomy and managerial flexibility;

(d)  To encourage school districts, where appropriate, to create and manage a

portfolio of schools that meet a variety of education needs, including identifying elementary, middle or junior high, and high schools to collectively operate as a vertically integrated innovation zone of schools;

(e)  To encourage innovation in education by providing local school

communities and principals with greater control over levels of staffing, personnel selection and evaluation, scheduling, and educational programming with the goal of achieving improved student achievement;

(f)  To encourage school districts and public schools to find new ways to

allocate resources, including through implementation of specialized school budgets, for the benefit of the students they serve; and

(g)  To hold public schools that receive greater autonomy under this article

accountable for student academic achievement, as measured by the Colorado student assessment program, other more specifically tailored accountability measures, and the federal requirements of adequate yearly progress.

(3)  The general assembly further declares that:


(a)  Since the Innovation Schools Act of 2008 was passed, innovations have

been used to leverage outcomes for students and support creative school models to meet the needs of students, educators, and families;

(b)  The cornerstone of innovation work is empowering educators and families

to be part of the design process, helping to develop an innovation plan, and voting to approve the school's plan and any revisions to the innovation plan;

(c)  The Innovation Schools Act of 2008 identifies areas of innovation that

schools are encouraged to explore, including innovations in governance;

(d)  Local school boards and innovation school zones have implemented

alternative governance models for innovation school zones and schools within the innovation school zones, including delegation of some management activities from a local school board to a nonprofit organization affiliated with an innovation school zone;

(e)  Innovation schools were designed as an opportunity for schools that

operate within their school district to exercise autonomy and flexibility to adapt to meet the needs of schools and students whom innovation schools serve;

(f)  If disputes arise between an innovation school zone as a whole, or a

school within the innovation school zone, and the local school board that oversees the innovation school zone regarding the administration of an innovation plan, a fair and consistent resolution process is needed to address the dispute; and

(g)  The dispute resolution process described in this article 32.5 is modeled

from existing statutory dispute resolution processes and intends to support both parties, encourage innovation school zones to practice innovative governance, and allow the local school board to reach solutions with innovation school zones with alternative governance.

Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28. L. 2022:

(3) added, (SB 22-197), ch. 307, p. 2213, � 1, effective August 10.

22-32.5-103.  Definitions.  As used in this article 32.5, unless the context

otherwise requires:

(1)  Commissioner means the commissioner of education appointed by the

state board of education pursuant to section 22-2-110.

(1.5)  Community school means a public school that implements the

following:

(a)  An annual asset and needs assessment of and by both the school and the

community that engages at least seventy-five percent of families, students, and educators in the community;

(b)  A strategic plan that includes the creation of problem-solving teams who

are dedicated to continuous school improvement and define how educators and community partners use all available assets to meet specific student needs and achieve better results and utilize key tools and lessons from improvement science in the continuous improvement process;

(c)  A process to engage partners who bring assets and expertise to

implement the school's goals; and

(d)  A community school coordinator who is a school staff member at the

community school site and who:

(I)  Has the primary responsibility to facilitate the problem-solving teams

implemented pursuant to subsection (1.5)(b) of this section; and

(II)  In consultation with school leadership, shall assemble relevant

stakeholders to solve problems identified by the assessment performed pursuant to subsection (1.5)(a) of this section.

(1.7)  Department means the department of education created in section

24-1-115.

(2)  District of innovation means a school district that is designated as a

district of innovation pursuant to section 22-32.5-107.

(3)  Innovation school means a school in which a local school board

implements an innovation plan pursuant to section 22-32.5-104.

(4)  Innovation school zone means a group of schools of a school district

that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education and in which a local school board implements a plan for creating an innovation school zone pursuant to section 22-32.5-104.

(4.5)  Innovation school zone with alternative governance means an

innovation school zone that either operates as an innovation school zone with alternative governance on or before August 10, 2022, or submits to its local school board an innovation plan, which the local school board approves, that authorizes alternative governance and delegates management activities to another organization pursuant to section 22-32.5-104 (5), including but not limited to a nonprofit organization. An organization does not include a for-profit organization.

(5)  Local school board means the board of education of a school district.


(5.5)  Neutral third party means a trained individual who assists disputants

in reaching a mutually acceptable resolution of their disputes by identifying and evaluating alternatives, and is on an approved list by the office of dispute resolution established in section 13-22-303 or the American arbitration association, or its successor.

(6)  State board means the state board of education created pursuant to

section 1 of article IX of the state constitution.

Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2019:

IP amended and (1.5) added, (SB 19-102), ch. 82, p. 293, � 1, effective August 2. L. 2022: (1.7), (4.5), and (5.5) added, (SB 22-197), ch. 307, p. 2214, � 2, effective August 10.

22-32.5-104.  Innovation plans - submission - contents. (1) (a)  A public

school of a school district may submit to its local school board an innovation plan as described in subsection (3) of this section. A group of public schools of a school district that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education may jointly submit to their local school board a plan to create an innovation school zone as described in subsection (4) of this section.

(b)  A local school board shall receive and review each innovation plan or plan

for creating an innovation school zone submitted pursuant to paragraph (a) of this subsection (1). The local school board shall either approve or disapprove the innovation plan or plan for creating an innovation school zone within sixty days after receiving the plan.

(c)  If the local school board rejects the plan, it shall provide to the public

school or group of public schools that submitted the plan a written explanation of the basis for its decision. A public school or group of public schools may resubmit an amended innovation plan or amended plan for creating an innovation school zone at any time after denial.

(d)  If the local school board approves the plan, it may proceed to seek

designation of the school district as a district of innovation pursuant to section 22-32.5-107.

(2)  A local school board may initiate and collaborate with one or more public

schools of the school district to create one or more innovation plans, as described in subsection (3) of this section, or one or more plans to create innovation school zones, as described in subsection (4) of this section. In creating an innovation plan or a plan to create an innovation school zone, the local school board shall ensure that each public school that would be affected by the plan has opportunity to participate in creation of the plan. A local school board may approve or create a plan to create an innovation school zone that includes all of the public schools of the school district. If the local school board creates an innovation plan or a plan for creating an innovation school zone, the local school board may seek designation of the school district as a district of innovation pursuant to section 22-32.5-107.

(3)  Each innovation plan, whether submitted by a public school or created by

a local school board through collaboration between the local school board and a public school, must include the following information:

(a)  A statement of the public school's mission and why designation as an

innovation school would enhance the school's ability to achieve its mission;

(b)  A description of the innovations the public school would implement,

which may include, but need not be limited to, innovations in school staffing; curriculum and assessment; class scheduling; use of financial and other resources; faculty recruitment, employment, evaluation, and compensation; whether the school will operate as a community school; and implementation of transformational school strategies such as shared leadership, culturally relevant curriculum, student and family supports, positive discipline practices, and family and community engagement;

(c)  A listing of the programs, policies, or operational documents within the

public school that would be affected by the public school's identified innovations and the manner in which they would be affected. The programs, policies, or operational documents may include, but need not be limited to:

(I)  The research-based educational program the public school would

implement;

(II)  The length of school day and school year at the public school;


(III)  The student promotion and graduation policies to be implemented at the

public school;

(IV)  The public school's assessment plan;


(V)  The proposed budget for the public school; and


(VI)  The proposed staffing plan for the public school.


(d)  An identification of the improvements in academic performance that the

public school expects to achieve in implementing the innovations;

(e)  An estimate of the cost savings and increased efficiencies, if any, the

public school expects to achieve in implementing its identified innovations;

(f)  Evidence that a majority of the administrators employed at the public

school, a majority of the teachers employed at the public school, and a majority of the school accountability committee for the public school consent to designation as an innovation school;

(g)  A statement of the level of support for designation as an innovation

school demonstrated by the other persons employed at the public school, the students and parents of students enrolled in the public school, and the community surrounding the public school;

(h)  A description of any statutory sections included in this title or any

regulatory or district policy requirements that would need to be waived for the public school to implement its identified innovations;

(i)  A description of any provision of the collective bargaining agreement in

effect for the personnel at the public school that would need to be waived for the public school to implement its identified innovations; and

(j)  Any additional information required by the local school board of the

school district in which the innovation plan would be implemented.

(4)  Each plan for creating an innovation school zone, whether submitted by a

group of public schools or created by a local school board through collaboration with a group of public schools, shall include the information specified in subsection (3) of this section for each public school that would be included in the innovation school zone. A plan for creating an innovation school zone shall also include the following additional information:

(a)  A description of how innovations in the public schools in the school

innovation zone would be integrated to achieve results that would be less likely to be accomplished by each public school working alone;

(b)  An estimate of any economies of scale that would be achieved by

innovations implemented jointly by the public schools within the innovation school zone;

(c)  Evidence that a majority of the administrators and a majority of the

teachers employed at each public school that would be included in the innovation school zone and a majority of the school accountability committee for each public school that would be included in the innovation school zone consent to creating the innovation school zone; and

(d)  A statement of the level of support for creating an innovation school zone

demonstrated by the other persons employed at each public school that would be included in the zone, the students and parents of students enrolled in each public school that would be included in the zone, and the community in which the local school board would approve the innovation school zone. In determining the level of support, each public school shall specifically solicit input concerning the selection of public schools included in the innovation school zone and the strategies and procedures that would be used in implementing and integrating the innovations within the public schools in the zone.

(5)  A group of schools that submits a plan to create an innovation school

zone as provided in this section and seeks to have management activities delegated by the local board to an organization that forms a partnership with the local school board must, in addition to the provisions specified in subsection (4) of this section, include the following information in the innovation plan:

(a)  An explanation of how alternative governance will help achieve the vision

and goals of the group of schools in a school district;

(b)  A description of the organization and the organization's governing board

and governance structure;

(c)  A description of the roles and duties of the organization's governing

board, which duties must include, at a minimum, overseeing the implementation of the innovation plan and supporting academic progress;

(d)  A description of the zone staffing structure and management the

organization would provide;

(e)  A description of how funds will be used to achieve the mission and

academic performance of the innovation plan;

(f)  A description of where an easily accessible link to the federal form 990,

990-EZ, or 990-PF, as required by section 22-44-304, or other relevant financial information if the organization does not receive a federal form 990, is located on the zone website;

(g)  A description of the terms under and process by which a school within an

innovation school zone may elect to leave the innovation school zone; and

(h)  A description of the method the school district will use for determining

the cost of services and a corresponding financial agreement with the innovation school zone.

Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2009:

(3)(f) and (4)(c) amended, (SB 09-163), ch. 293, p. 1542, � 44, effective May 21; (3)(f) and (4)(c) amended, (SB 09-090), ch. 291, p. 1444, � 17, effective August 5. L. 2018: IP(3) and (3)(b) amended, (HB 18-1355), ch. 324, p. 1954, � 18, effective May 30. L. 2019: (3)(b) amended, (SB 19-102), ch. 82, p. 294, � 2, effective August 2. L. 2022: (5) added, (SB 22-197), ch. 307, p. 2214, � 3, effective August 10.

22-32.5-105.  Suggested innovations. (1)  In considering or creating an

innovation plan or a plan for creating an innovation school zone, each local school board is strongly encouraged to consider innovations in the following areas:

(a)  Curriculum and academic standards and assessments;


(b)  Accountability measures, including but not limited to expanding the use

of a variety of accountability measures to more accurately present a complete measure of student learning and accomplishment. The accountability measures adopted by an innovation school or an innovation school zone may include, but need not be limited to:

(I)  Use of graduation or exit examinations;


(II)  Use of end-of-course examinations;


(III)  Use of student portfolio reviews;


(IV)  Use of national and international accountability measures such as the

national assessment of educational progress and the program for international student assessment;

(V)  Measuring the percentage of students continuing into higher education;

and

(VI)  Measuring the percentage of students simultaneously obtaining a high

school diploma and an associate's degree or a career and technical education certificate.

(c)  Provision of services, including but not limited to special education

services; services for gifted and talented students; services for English language learners; educational services for students at risk of academic failure, expulsion, or dropping out; and support services provided by the state department of human services or county departments or agencies of human or social services;

(d)  Teacher recruitment, training, preparation, and professional

development;

(e)  Teacher employment;


(f)  Performance expectations and evaluation procedures for teachers and

principals;

(g)  Compensation for teachers, principals, and other school building

personnel, including but not limited to performance pay plans, total compensation plans, and other innovations with regard to retirement and other benefits;

(h)  School governance and the roles, responsibilities, and expectations of

principals in innovation schools or schools within an innovation school zone; and

(i)  Preparation and counseling of students for transition to higher education

or the work force.

Source: L. 2008: Entire article added, p. 1425, � 1, effective May 28. L. 2010:

(1)(c) amended, (SB 10-062), ch. 168, p. 595, � 12, effective April 29. L. 2014: (1)(c) amended, (HB 14-1298), ch. 244, p. 937, � 22, effective May 21. L. 2018: (1)(c) amended, (SB 18-092), ch. 38, p. 438, � 92, effective August 8.

Cross references: For the legislative declaration in SB 18-092, see section 1

of chapter 38, Session Laws of Colorado 2018.

22-32.5-106.  Innovation planning - financial support. Each public school

and each local school board is authorized and encouraged to seek and accept public and private gifts, grants, and donations to offset the costs of developing and implementing innovation plans and plans for creating innovation school zones.

Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28.


22-32.5-107.  District of innovation - designation. (1)  Each local school

board may seek for its school district designation by the state board as a district of innovation. A local school board may seek the designation on the basis of innovation plans or plans for creating innovation school zones approved or collaboratively created by the local school board pursuant to section 22-32.5-104.

(2)  A local school board that seeks designation as a district of innovation

shall submit one or more innovation plans or plans for creating an innovation school zone to the commissioner for review and comment by the commissioner and the state board. Within sixty days after receiving a local school board's plan, the commissioner and the state board shall respond to the local school board with any suggested changes or additions to the plan, including but not limited to suggestions for further innovations or for measures to increase the likelihood that the innovations will result in greater academic achievement within the innovation schools or innovation school zones. Based on the commissioner's and the state board's comments, the local school board may choose to withdraw and resubmit its innovation plan or plan for creating an innovation school zone.

(3) (a)  Within sixty days after receiving a local school board's innovation plan

or plan for creating an innovation school zone, the state board shall designate the local school board's school district as a district of innovation if the state board concludes that the submitted plan:

(I)  Is likely to enhance educational opportunity, standards, and quality within

the innovation schools or innovation school zones; and

(II)  Is fiscally feasible.


(b)  If the state board does not designate a school district as a district of

innovation, it shall provide to the local school board a written explanation of the basis for its decision. The local school board may resubmit an amended innovation plan or plan for creating an innovation school zone and seek designation of its school district as a school district of innovation at any time after denial.

(4)  It is the intent of the general assembly that the department of education

receive a one-time appropriation to offset the costs incurred by the department and the state board in adopting rules and otherwise establishing the procedures for implementation of this section. The general assembly finds, however, that the department of education and the state board may implement this section in future years without additional state funding.

Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28. L. 2017:

(3)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 1, effective August 9.

22-32.5-108.  District of innovation - waiver of statutory and regulatory

requirements. (1) Upon designation of a district of innovation, the state board shall waive any statutes or rules specified in the school district's innovation plan as they pertain to the innovation schools or innovation school zones of the district of innovation; except that the state board shall not waive:

(a)  Any statutes specified in section 22-2-117 (1)(b);


(b)  Any provision of article 64 of this title; or


(c)  Any statutes that are not included in this title, including but not limited to

article 51 of title 24, C.R.S.

(2)  Each district of innovation continues to be subject to all statutes and

rules that are not waived by the state board pursuant to subsection (1) of this section, including but not limited to all statutes and rules concerning implementation of:

(a)  The state assessment requirements specified in section 22-7-1006.3;


(b)  Article 11 of this title; and


(c)  The requirements of the federal No Child Left Behind Act of 2001, 20

U.S.C. sec. 6301 et seq.

(3)  Designation as a district of innovation must not affect a school district's:


(a)  Total program funding calculated pursuant to the Public School Finance

Act of 2025, article 54 of this title 22; or

(b)  Eligibility for funding under, or the amount received through, a

categorical program, as defined in section 22-55-102 (4).

(4)  Each district of innovation that receives a waiver pursuant to this section

shall specify the manner in which the innovation school or the schools within the innovation school zone shall comply with the intent of the waived statutes or rules and shall be accountable to the state for such compliance.

(5) (a)  If the local school board for a district of innovation revises an

innovation plan as provided in section 22-32.5-110, the local school board may request additional waivers or changes to existing waivers as necessary to accommodate the revisions to the innovation plan, and the state board shall grant the additional waivers or changes to existing waivers if it determines that the new or changed waivers would enhance educational opportunity, standards, and quality within the innovation schools or innovation school zones of the district of innovation and are fiscally feasible. In requesting a new waiver or a change to an existing waiver, the local school board shall demonstrate the consent of a majority of the teachers and a majority of the administrators employed at and a majority of the school advisory committee for each public school that is affected by the new or changed waiver.

(b)  Except as otherwise provided in paragraph (a) of this subsection (5), a

waiver that is granted pursuant to this section shall continue to apply to a public school so long as the public school continues to be designated as an innovation school or included in an innovation school zone.

Source: L. 2008: Entire article added, p. 1427, � 1, effective May 28. L. 2009:

(2)(b) amended, (SB 09-163), ch. 293, p. 1543, � 45, effective May 21. L. 2015: IP(2) and (2)(a) amended, (HB 15-1323), ch. 204, p. 725, � 35, effective May 20. L. 2017: (5)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 2, effective August 9. L. 2024: IP(3) and (3)(a) amended, (HB 24-1448), ch. 236, p. 1533, � 44, effective May 23.

22-32.5-109.  District of innovation - collective bargaining agreements. (1)

(a) On and after the date on which the state board designates a school district as a district of innovation, any collective bargaining agreement initially entered into or renewed by the local school board of the district of innovation shall include a term that allows each innovation school and each innovation school zone in the school district to waive any provisions of the collective bargaining agreement identified in the innovation plan as needing to be waived for the innovation school or the innovation school zone to implement its identified innovations.

(b)  For an innovation school, waiver of one or more of the provisions of the

collective bargaining agreement shall be based on obtaining the approval, by means of a secret ballot vote, of at least sixty percent of the members of the collective bargaining unit who are employed at the innovation school.

(c)  For an innovation school zone, waiver of one or more of the provisions of

the collective bargaining agreement shall be based on obtaining, at each school included in the innovation school zone, the approval of at least sixty percent of the members of the collective bargaining unit who are employed at the school. The innovation school zone shall seek to obtain approval of the waivers through a secret ballot vote of the members of the collective bargaining unit at each school included in the innovation school zone. The local school board for the innovation school zone may choose to revise the plan for creating an innovation school zone to remove from the zone any school in which at least sixty percent of the members of the collective bargaining unit employed at the school do not vote to waive the identified provisions of the collective bargaining agreement.

(d)  If a local school board, in collaboration with the innovation school or the

public schools included in the innovation school zone, revises the innovation plan as provided in section 22-32.5-110 and the revisions include changes to the identified provisions of the collective bargaining agreement that need to be waived to implement the innovations that are included in the innovation plan, the local school board shall seek such additional waivers or revision or revocation of the existing waivers of provisions of the collective bargaining agreement as are necessary to implement the revised innovation plan. Any changes to waivers, or additional waivers, of the identified provisions of the collective bargaining agreement shall be subject to approval in the same manner as provided in paragraphs (b) and (c) of this subsection (1) for the initial approval of waivers of provisions of the collective bargaining agreement.

(e)  Except as otherwise provided in paragraph (d) of this subsection (1),

waiver of identified provisions of a collective bargaining agreement for an innovation school or the public schools within an innovation school zone pursuant to this subsection (1) shall continue so long as the innovation school remains an innovation school or a public school remains a part of the innovation school zone. A waiver approved pursuant to this subsection (1) shall continue to apply to any substantially similar provision that is included in a new or renewed collective bargaining agreement for the schools of the district of innovation.

(2)  A district of innovation shall not be required to seek a waiver by an

innovation school or a public school in an innovation school zone of any provision of the collective bargaining agreement. Each district of innovation shall include in its innovation plan a statement as to whether it will seek a waiver by an innovation school or the public schools included in an innovation school zone of any of the provisions of the collective bargaining agreement.

(3)  A person who is a member of the collective bargaining unit and is

employed by an innovation school or by a school included in an innovation school zone may request a transfer to another public school of the district of innovation. The local school board shall make every reasonable effort to accommodate the

C.R.S. § 22-43-110

22-43-110. Prior obligations not impaired. (Repealed)

Source: L. 64: p. 567, � 7. C.R.S. 1963: � 123-12-10. L. 2006: Entire section

repealed, p. 610, � 33, effective August 7.

ARTICLE 43.5

School District Capital Improvement Zones

22-43.5-101 to 22-43.5-126. (Repealed)


Source: L. 2000: Entire article repealed, p. 373, � 28, effective April 10.


Editor's note: This article was added in 1994. For amendments to this article

prior to its repeal in 2000, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 43.7

Capital Construction Assistance

Editor's note: (1)  This article was added in 1998. This article was repealed

and reenacted in 2008, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 2008, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  House Bill 08-1335 repealed and reenacted this article and was further

amended by House Bill 08-1388 by the addition of a new part 2.

PART 1

SCHOOL DISTRICT CAPITAL CONSTRUCTION

ASSISTANCE PROGRAM

22-43.7-101.  Short title. This article shall be known and may be cited as the

Building Excellent Schools Today Act.

Source: L. 2008: Entire article R&RE, p. 1040, � 1, effective May 22.


22-43.7-102.  Legislative findings and declarations. (1)  The general

assembly hereby finds and declares that:

(a)  Colorado school districts, boards of cooperative services, and charter

schools have differing financial abilities to meet students' fundamental educational needs, including the need for new public schools and renovations or for controlled maintenance at existing public schools so that unsafe, deteriorating, or overcrowded facilities do not impair students' abilities to learn.

(b)  The establishment of a program to provide financial assistance to school

districts, boards of cooperative services, and charter schools throughout the state that have difficulty financing new capital construction projects and renovating and maintaining existing facilities will help such districts, boards of cooperative services, and charter schools to meet students' fundamental educational needs.

(2)  The general assembly further finds and declares that:


(a)  Rental income, royalties, interest, and other income other than land sale

proceeds derived from state school lands may be used to support the public schools of the state.

(b)  It is necessary and appropriate for the state to build excellent schools

today by assisting school districts, boards of cooperative services, and charter schools in completing needed public school facility capital construction projects more quickly by:

(I)  Entering into financed purchase of an asset or certificate of participation

agreements for the purpose of financing such projects; and

(II)  Subject to the annual appropriation of such money by the general

assembly, using a portion of the rental income and royalties derived from state school lands and, unless and until the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(B), provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make lease payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation and at any time after the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(C), has rescinded any such determination, interest, and other income, other than land sale proceeds, derived from state school lands, as well as certain other available state money and matching money provided by school districts, boards of cooperative services, and charter schools, to make payments payable under the terms of the financed purchase of an asset or certificate of participation agreements.

(c)  It is also necessary and appropriate for the state to use a portion of such

rental income and royalties and, unless and until the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(B), provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation and at any time after the state treasurer, pursuant to section 22-43.7-104 (2)(b)(I)(C), has rescinded any such determination, interest and other income, as well as certain other available state money to continue to provide financial assistance to school districts, boards of cooperative services, and charter schools in the form of cash funding for school renovation and controlled maintenance projects.

(d)  In accordance with the decision of the Colorado court of appeals in the

case denominated Colorado Criminal Justice Reform Coalition v. Ortiz, Case No. 04 CA 0879 (April 7, 2005), the financed purchase of an asset or certificate of participation agreements to be entered into by the state pursuant to this article 43.7 do not constitute a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever for purposes of section 20 (4)(a) of article X of the state constitution.

(e)  The provision of financial assistance for public school facility capital

construction pursuant to this article meets the requirements of section 3 of article IX of the state constitution and shall be applied first to satisfy the legal obligations of the state under the settlement reached in the case denominated Giardino v. Colorado State Board of Education, et al., Case No. 98 CV 246, in the district court for the city and county of Denver.

Source: L. 2008: Entire article R&RE, p. 1040, � 1, effective May 22. L. 2009:

(2)(b)(II) and (2)(c) amended, (SB 09-257), ch. 424, p. 2363, � 1, effective June 4. L. 2021: (2)(b), (2)(c), and (2)(d) amended, (HB 21-1316), ch. 325, p. 2001, � 14, effective July 1.

22-43.7-103.  Definitions.  As used in this article 43.7, unless the context

otherwise requires:

(1)  Applicant means any entity that may directly or indirectly submit an

application for financial assistance to the board if the entity submits such an application, including:

(a)  A school district;


(b)  A board of cooperative services;


(c)  A charter school; and


(d)  The Colorado school for the deaf and blind created and existing pursuant

to section 22-80-102 (1)(a).

(2)  Assistance fund means the public school capital construction

assistance fund created in section 22-43.7-104 (1).

(3)  Authorizer means the school district that authorized the charter

contract of a charter school or, in the case of an institute charter school, as defined in section 22-30.5-502 (6), the state charter school institute created and existing pursuant to section 22-30.5-503 (1)(a).

(4)  Board means the public school capital construction assistance board

created in section 22-43.7-106 (1).

(5)  Board of cooperative services means a board of cooperative services

created and existing pursuant to section 22-5-104 that is eligible to receive state moneys pursuant to section 22-5-114.

(6)  Capital construction has the same meaning as set forth in section 24-30-1301 (2); except that the term also includes technology, as defined in section 22-43.7-109 (5)(a)(I)(B), and career and technical education capital construction.


(6.5)  Capital development committee means the capital development

committee of the general assembly established in section 2-3-1302 (1), C.R.S.

(6.7)  Career and technical education capital construction means:


(a)  New construction or retrofitting of public school facilities for career and

technical education programs that satisfy the standards prescribed in section 23-8-103 (2); and

(b)  Equipment necessary for individual student learning and classroom

instruction, including equipment that provides access to instructional materials or that is necessary for professional use by a classroom teacher.

(7)  Charter school means a charter school as described in section 22-54-124 (1)(f.6)(I)(A) or (1)(f.6)(I)(B).


(8)  Department means the department of education created and existing

pursuant to section 24-1-115, C.R.S.

(9)  Division means the division of public school capital construction

assistance created in section 22-43.7-105.

(10)  Financial assistance means matching grants made by the board from

the assistance fund to applicants or any other expenditures made from the assistance fund for the purpose of financing public school facility capital construction as authorized by this article.

(11)  Matching moneys means moneys required to be paid to the state or

used directly to pay a portion of the costs of a public school facility capital construction project by an applicant as a condition of an award of financial assistance to the applicant pursuant to section 22-43.7-109 (9).

(12)  Public school facility means a building or portion of a building used for

educational purposes by a school district, a board of cooperative services, the Colorado school for the deaf and blind created and existing pursuant to section 22-80-102 (1)(a), or a charter school, including but not limited to school sites, classrooms, libraries and media centers, cafeterias and kitchens, auditoriums, multipurpose rooms, and other multi-use spaces; except that public school facility does not include a learning center, as defined in section 22-30.7-102 (4), that is not used for any other public school purpose and is not part of a building otherwise owned, or leased in its entirety, by a school district, a board of cooperative services, a charter school, or the Colorado school for the deaf and blind for educational purposes.

(13)  Public school lands income means all income received by the state

from:

(a)  The sale of timber on public school lands, rental payments for the use and

occupation of public school lands, and rentals or lease payments for sand, gravel, clay, stone, coal, oil, gas, geothermal resources, gold, silver, or other minerals on public school lands;

(b)  Royalties and other payments for the extraction of any natural resource

on public school lands; and

(c)  Interest or income earned on the deposit and investment of moneys in the

public school fund.

(14)  School district means a school district, other than a junior or

community college district, organized and existing pursuant to law.

(15)  State board means the state board of education created and existing

pursuant to section 1 of article IX of the state constitution.

Source: L. 2008: Entire article R&RE, p. 1041, � 1, effective May 22. L. 2013:

(6.5) added, (SB 13-214), ch. 398, p. 2324, � 1, effective June 5. L. 2014: (6) amended, (HB 14-1387), ch. 378, p. 1828, � 32, effective June 6. L. 2016: (7) amended, (SB 16-072), ch. 180, p. 617, � 1, effective May 19. L. 2017: IP and (6) amended, (HB 17-1082), ch. 392, p. 2020, � 1, effective June 6. L. 2019: (6) amended and (6.7) added, (HB 19-1008), ch. 19, p. 70, � 1, effective August 2.

Cross references: For the legislative declaration in HB 14-1387, see section 1

of chapter 378, Session Laws of Colorado 2014.

22-43.7-104.  Public school capital construction assistance fund - creation

• crediting of money to fund - use of fund - emergency reserve - creation - reserve account - creation and use - definition - report. (1) (a) The public school capital construction assistance fund is created in the state treasury. Subject to the limitation set forth in subsection (1)(b)(I) of this section, the principal of the assistance fund consists of all money transferred or credited to the assistance fund pursuant to subsection (2) of this section. Except as otherwise provided in subsection (1)(b)(I) of this section, all interest and income earned on the deposit and investment of money in the assistance fund is credited to the assistance fund and is not transferred to the general fund or any other fund at the end of any fiscal year.

  (b) (I) (A) For the 2024-25 state fiscal year, and each state fiscal year thereafter, the total amount of revenue credited in the state fiscal year to the assistance fund pursuant to this section must not exceed one hundred fifty million dollars, which amount must be annually adjusted for inflation for each state fiscal year thereafter.

  (B) For the 2024-25 state fiscal year, and each state fiscal year thereafter, the state treasurer shall credit to the state public school fund created in section 22-54-114 (1) any amount of revenue that exceeds in the state fiscal year one hundred fifty million dollars, as adjusted annually for inflation for state fiscal years commencing on or after July 1, 2025, that otherwise would be credited to the assistance fund pursuant to this section.

  (II) Notwithstanding subsection (1)(b)(I) of this section, the total amount of revenue described in subsection (1)(b)(I) of this section does not include money credited to the assistance fund pursuant to subsection (2)(d.5) of this section.

  (III) As used in this subsection (1)(b), inflation means the annual percentage increase in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers.

  (2) (a) On July 1, 2008, the following moneys shall be transferred to the assistance fund:

  (I) All moneys remaining in the school construction and renovation fund, as said fund existed prior to July 1, 2008;

  (II) All moneys remaining in the school capital construction expenditures reserve and the school capital construction expenditures reserve fund as said reserve and reserve fund existed prior to July 1, 2008; and

  (III) All moneys remaining in the lottery proceeds contingency reserve fund as said fund existed prior to July 1, 2008.

  (b) For each fiscal year commencing on or after July 1, 2008, the following money shall be credited to the assistance fund:

  (I) (A) Unless and until the state treasurer, pursuant to subsection (2)(b)(I)(B) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation, the greater of thirty-five percent of the gross amount of public school lands income received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(A) may be taken from any single source or combination of sources of public school lands income.

  (B) Except as otherwise provided in subsection (2)(b)(I)(C) of this section, if the state treasurer determines during any fiscal year that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement will prevent the interest component of the payments from qualifying for exemption from federal income taxation and provides written notice to the joint budget committee of the general assembly of the determination, for the portion of the fiscal year beginning on the date the written notice is provided to the joint budget committee and for each subsequent fiscal year, the greater of fifty percent of the gross amount of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(B) may be taken from any single source or combination of sources of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund.

  (C) If, after making a determination and providing notice pursuant to subsection (2)(b)(I)(B) of this section, the state treasurer makes a new determination during any fiscal year that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will not prevent the interest component of the payments from qualifying for exemption from federal income taxation and the state treasurer provides written notice to the joint budget committee of the general assembly that the state treasurer has made a new determination and is rescinding the determination made pursuant to subsection (2)(b)(I)(B) of this section as of the date the written notice is provided, for the portion of the fiscal year beginning on the date the written notice is provided to the joint budget committee and for each subsequent fiscal year, the greater of thirty-five percent of the gross amount of public school lands income received during the fiscal year or forty million dollars. The money required to be credited to the assistance fund pursuant to this subsection (2)(b)(I)(C) may be taken from any single source or combination of sources of public school lands income.

  (II) The net proceeds made available to the state from the sale of instruments evidencing rights to receive payments made and to be made under the terms of any financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2), unless otherwise required by the documents pursuant to which the instruments are issued;

  (III) Any money transferred to the assistance fund under section 44-40-111 (12). The money transferred to the assistance fund pursuant to this subsection (2)(b)(III) and any income and interest derived from the deposit and investment of such money is exempt from any restriction on spending, revenue, or appropriations, including, without limitation, the restrictions of section 20 of article X of the state constitution.

  (IV) Matching money paid to the state for use by the state in making scheduled payments payable by the state under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2);

  (V) Any moneys transferred or appropriated to the assistance fund pursuant to subsection (5) of this section.

  (c) Reserved.

  (d) (I) (A) For the state fiscal year commencing July 1, 2019, and for each state fiscal year thereafter, the state treasurer, as provided in section 39-28.8-305 (1)(a), shall annually credit to the assistance fund all of the money received and collected from the excise tax on retail marijuana imposed pursuant to part 3 of article 28.8 of title 39, subject to the limitation set forth in subsection (1)(b)(I) of this section.

  (B) There is created within the assistance fund the charter school facilities assistance account. For the 2019-20 state fiscal year, and each state fiscal year thereafter, the state treasurer shall credit to the charter school facilities assistance account a percentage of the amount credited pursuant to this subsection (2)(d) that is equal to the percentage of pupil enrollment, as defined in section 22-54-103, statewide, represented by pupils who were enrolled in charter schools for the prior school year. The department of education shall notify the state treasurer of the applicable percentage no later than June 1 of the immediately preceding state fiscal year.

  (II) In addition to the credit made to the charter school facilities assistance account pursuant to subsection (2)(d)(I) of this section, the state treasurer shall credit the following amounts to the charter school facilities assistance account from the public school capital construction assistance fund:

  (A) For the state fiscal year commencing on July 1, 2024, eleven million five hundred thousand dollars;

  (B) For the state fiscal year commencing on July 1, 2025, twelve million dollars;

  (C) For the state fiscal year commencing on July 1, 2026, thirteen million dollars;

  (D) For the state fiscal year commencing on July 1, 2027, fourteen million dollars; and

  (E) For the state fiscal year commencing on July 1, 2028, fifteen million dollars.

  (III) If eligibility criteria are satisfied, the department shall apply for a state charter school facilities incentive grant awarded by the United States department of education.

  (d.5) For the 2024-25 state fiscal year and each state fiscal year thereafter, the state treasurer shall credit to the assistance fund the additional interest and income remaining in the public school fund pursuant to section 22-41-102 (3)(i)(IV), (3)(j)(IV), and (3)(k)(III).

  (e) On May 21, 2019, if possible, or as soon as possible thereafter, the state treasurer shall transfer four million two hundred fifty thousand dollars from the assistance fund to the charter school facilities assistance account of the assistance fund created in subsection (2)(d) of this section.

  (f) On July 1, 2020, the state treasurer shall transfer one hundred million dollars from the assistance fund to the state public school fund created in section 22-54-114 (1).

  (g) The assistance fund includes fifty million dollars, which the state treasurer is required to transfer from the marijuana tax cash fund created in section 39-28.8-501 (1) on June 1, 2022, pursuant to section 39-28.8-501 (4.8).

  (h) On June 16, 2021, if possible, or as soon as possible thereafter, the state treasurer shall transfer ten million dollars from the general fund to the assistance fund. Notwithstanding subsection (3)(a) of this section, the money transferred pursuant to this subsection (2)(h) shall be used only to provide financial assistance in the form of grants as authorized in section 22-43.7-109 (15).

  (i) On June 1, 2023, the state treasurer shall transfer fifteen million dollars from the state education fund to the assistance fund.

  (3) Subject to annual appropriation, the department may expend money in the assistance fund for the purposes of paying the direct and indirect administrative costs, including but not limited to the costs of conducting or contracting for the financial assistance priority assessment required by section 22-43.7-108 (1), incurred by the division, the board, and the department in exercising their powers and duties pursuant to this article 43.7, providing financial assistance, making payments required by section 22-43.7-114, and paying any transaction costs necessarily incurred in connection with the provision of financial assistance as authorized by this article 43.7. For state fiscal year 2020-21, the general assembly shall appropriate sixty million dollars from the assistance fund for use by the board in providing financial assistance in the form of matching cash grants only.

  (3.5) In determining the amount of financial assistance that it provides and in so doing managing the balance of the assistance fund, the board shall ensure that, effective June 30, 2013, and effective each June 30 thereafter, the balance of the assistance fund, not including the amounts credited to the charter school facilities assistance account pursuant to subsection (2)(d) of this section, is at least equal to the total amount of payments to be made by the state during the next fiscal year under the terms of any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) less the amount of any school district matching money and any federal money to be received for the purpose of making the payments.

  (4) For each fiscal year commencing on or after July 1, 2008, an emergency reserve of at least one million dollars shall be maintained in the assistance fund; except that an emergency reserve need not be maintained in any fiscal year in which the amount of either public school lands income or public school lands income other than interest or income earned on the deposit and investment of money in the public school fund, or both, credited to the assistance fund pursuant to subsection (2)(b)(I) of this section is an amount equal to the difference between the total amount of payments to be made by the state under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) and the total amount of matching money to be paid to the state as payments under the terms of financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) rather than, to the extent applicable, thirty-five percent of the gross amount of public school lands income received by the state during the fiscal year or fifty percent of the gross amount of public school lands income other than interest or income earned on the deposit and investment of money in the public school fund received by the state during the fiscal year. The board may expend money from the emergency reserve only to provide emergency financial assistance to address a public school facility emergency in accordance with section 22-43.7-109 (8).

  (5) If the state treasurer, pursuant to subsection (2)(b)(I)(B) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer has determined that the use of interest or income earned on the deposit and investment of money in the public school fund to make payments under a financed purchase of an asset or certificate of participation agreement entered into pursuant to section 22-43.7-110 (2) will prevent the interest component of the payments from qualifying for exemption from federal income taxation, any such interest or income credited to the assistance fund before the treasurer provides the written notice shall be segregated into a separate restricted account of the assistance fund. All interest and income earned on the deposit and investment of money in the restricted account shall be credited to the restricted account. Money in the restricted account shall not be commingled with other money in the assistance fund. Notwithstanding any other provision of law, money in the restricted account shall not be used and shall not be available to pay payments under any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) unless and until the state treasurer, pursuant to subsection (2)(b)(I)(C) of this section, provides written notice to the joint budget committee of the general assembly that the state treasurer is rescinding the determination made pursuant to subsection (2)(b)(I)(B) of this section as of the date the written notice is provided. Money in the restricted account may be used for the other purposes for which money in the assistance fund may be used under this article 43.7.

  (6) If the amount of money in the assistance fund that, subject to the limitations set forth in subsection (5) of this section, is available to pay payments under any financed purchase of an asset or certificate of participation agreements entered into pursuant to section 22-43.7-110 (2) will be insufficient to cover the full amount of the payments required by the financed purchase of an asset or certificate of participation agreements, the general assembly may appropriate or transfer from any legally available source to the assistance fund sufficient money to make the payments.

  (7) In its budget request submitted to the joint budget committee each November 1, the office of state planning and budgeting shall report the amount of revenue that was credited to the state public school fund for the prior state fiscal year pursuant to subsection (1)(b) of this section. The joint budget committee must consider the amount of revenue that was credited to the state public school fund and whether to continue crediting money to the state public school fund pursuant to subsection (1)(b) of this section.

  Source: L. 2008: Entire article R&RE, p. 1043, � 1, effective May 22. L. 2009: (2)(b)(I), (2)(b)(II), and (4) amended and (2)(b)(V), (5), and (6) added, (SB 09-257), ch. 424, pp. 2364, 2366, �� 2, 3, effective June 4. L. 2013: (3.5) added, (SB 13-214), ch. 398, p. 2324, � 2, effective June 5. L. 2014: (3) amended, (SB 14-112), ch. 47, p. 224, � 1, effective March 20; (2)(d) added, (HB 14-1287), ch. 226, p. 842, � 2, effective May 17; (2)(b)(I), (3), and (3.5) amended and (2)(d) added, (HB 14-1292), ch. 243, p. 910, � 15, effective May 21. L. 2018: (2)(d) amended, (HB 18-1070), ch. 322, p. 1929, � 1, effective May 30. L. 2019: (2)(d) and (3) amended and (2)(e) added, (HB 19-1055), ch. 246, p. 2402, � 1, effective May 21. L. 2020: (2)(d) and (3) amended and (2)(f) added, (HB 20-1418), ch. 197, p. 941, � 6, effective June 30. L. 2021: (2)(g) added, (SB 21-207), ch. 76, p. 300, � 1, effective April 30; (2)(h) added, (SB 21-202), ch. 248, p. 1350, � 1, effective June 16; (2)(b)(III) amended, (HB 21-1318), ch. 272, p. 1579, � 3, effective June 21; IP(2)(b), (2)(b)(I), (2)(b)(II), (2)(b)(IV), (3.5), (4), (5), and (6) amended, (HB 21-1316), ch. 325, p. 2002, � 15, effective July 1. L. 2022: (2)(g) amended, (HB 22-1341), ch. 136, p. 917, � 1, effective April 25. L. 2023: (2)(g) amended and (2)(i) added, (SB 23-220), ch. 183, p. 894, � 4, effective May 12. L. 2024: (2)(d) amended, (HB 24-1448), ch. 236, p. 1512, � 11, effective May 23. L. 2025: (1) and (2)(d)(I) amended and (2)(d.5) and (7) added, (HB 25-1320), ch. 236, p. 1171, � 20, effective May 23; (2)(g) amended, (SB 25-268), ch. 374, p. 2017, � 4, effective June 3.

  Editor's note: Amendments to subsection (2)(d) by HB 14-1287 and HB 14-1292 were harmonized. Amendments to subsection (3) by SB 14-112 and HB 14-1292 were harmonized.

  Cross references: (1) For the short title (Student Success Act) in HB 14-1292, see section 1 of chapter 243, Session Laws of Colorado 2014.

  (2) For the legislative declaration in HB 14-1287, see section 1 of chapter 226, Session Laws of Colorado 2014. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020. For the legislative declaration in SB 23-220, see section 1 of chapter 183, Session Laws of Colorado 2023. For the legislative declaration in HB 25-1320, see section 1 of chapter 236, Session Laws of Colorado 2025.

  22-43.7-105. Division of public school capital construction assistance - creation - director - function - powers and duties. (1) (a) There is hereby created within the department a division of state government to be known and designated as the division of public school capital construction assistance, the head of which shall be the director of the division of public school capital construction assistance. Pursuant to section 13 of article XII of the state constitution, the commissioner of education shall appoint the director, and the commissioner shall give good faith consideration to the recommendations of the state board and the board prior to appointing the director. The commissioner shall also appoint such other personnel as may be necessary to fulfill the functions and exercise the powers and duties of the division.

  (b) The division and the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.

  (2) The function of the division is to provide professional and technical support to the board as the board exercises its powers and duties as specified in this article so that financial assistance can be provided for public schools in an equitable, efficient, and effective manner. In furtherance of its function, the division, subject to board direction, has the following powers and duties:

  (a) To support the board in establishing public school facility construction guidelines pursuant to section 22-43.7-107;

  (b) To support the board in conducting or causing to be conducted the financial assistance priority assessment of public schools throughout the state required by section 22-43.7-108, and, as part of such support, to inspect and assess public school facilities or evaluate the results of any such inspection and assessment conducted by any contractor retained by the board;

  (c) At the request of the board, to undertake a preliminary review of financial assistance applications submitted by applicants and assist the board in the development of the prioritized list of public school facility capital construction projects recommended for financial assistance that the board is required to prepare pursuant to section 22-43.7-106 (2)(c);

  (d) To assist applicants and potential applicants in identifying critical capital construction needs using the public school facility construction guidelines as specified in section 22-43.7-107; and

  (e) To exercise such other powers and duties as may be necessary to adequately fulfill its function.

  (3) In addition to the functions of the division specified in subsection (2) of this section, if the governor declares, by executive order or proclamation, a disaster emergency in any area of the state pursuant to section 24-33.5-704 (4), C.R.S., the division shall, as soon as possible following the declaration of the disaster emergency, contact each affected school facility in any area of the state in which the governor declared the disaster emergency to assess any facility needs resulting from the declared disaster emergency. The division must report its findings to the board as soon as possible following its outreach.

  Source: L. 2008: Entire article R&RE, p. 1045, � 1, effective May 22. L. 2014: (3) added, (HB 14-1287), ch. 226, p. 843, � 3, effective May 17. L. 2022: (1)(b) amended, (SB 22-162), ch. 469, p. 3360, � 28, effective August 10.

  Cross references: (1) For the legislative declaration in HB 14-1287, see section 1 of chapter 226, Session Laws of Colorado 2014.

  (2) For the short title (the Debbie Haskins 'Administration Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

  22-43.7-106. Public school capital construction assistance board - creation - general powers and duties - rules. (1) (a) There is created in the department the public school capital construction assistance board. The board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The board consists of nine appointed members, none of whom shall hold any state elective office. Five voting members of the board constitute a quorum. Board members are appointed as follows:

  (I) The state board shall appoint three members from different areas of the state and from urban, suburban, and rural school districts. The members appointed by the state board shall all have demonstrated experience regarding public school facility issues and shall include:

  (A) One member who is a school district board member at the time of appointment;

  (B) One member who is a public school superintendent or administrator at the time of appointment or has recent experience as a public school superintendent or administrator; and

  (C) One member who is a school facilities planner or manager at the time of appointment or has recent experience as a school facilities planner or manager.

  (II) The governor shall appoint three members. The members appointed by the governor shall include:

  (A) One member who is an architect whose professional practice includes the design and rehabilitation of public school facilities at the time of appointment or who has recent experience rehabilitating existing public school facilities and designing new public school facilities;

  (B) One member who is an engineer whose professional practice at the time of appointment includes public school facilities engineering or who has recent experience in public school facilities engineering; and

  (C) One member who is a construction manager who at the time of appointment manages public school facilities construction projects or who has recent experience managing such projects.

  (III) The general assembly shall appoint three members, one of whom shall be appointed by the speaker of the house of representatives, one of whom shall be appointed by the president of the senate, and one of whom shall be appointed jointly by the minority leaders of the house of representatives and the senate. The members appointed by the general assembly shall include:

  (A) One member who is a school facilities planner or manager at the time of appointment or has recent experience as a school facilities planner or manager;

  (B) One member who has expertise in technology, including but not limited to technology for individual student learning and classroom instruction; and

  (C) One member who has public school finance expertise and knowledge regarding public school trust lands.

  (b) Members of the board shall serve for terms of two years and may serve up to three consecutive terms; except that the terms shall be staggered so that no more than five members' terms expire in the same year. The appointing authority for a member may remove the member for any cause that renders the member incapable of discharging or unfit to discharge the member's duties. The appropriate appointing authority shall fill any vacancy in the membership of the board by appointment, and a member appointed to fill a vacancy shall serve until the expiration of the term for which the vacancy was filled. Members of the board serve without compensation but are entitled to reimbursement for travel and other necessary expenses actually incurred in the performance of their duties. The board shall elect a chair from among its members.

  (2) The function of the board is to protect the health and safety of students, teachers, and other persons using public school facilities and maximize student achievement by ensuring that the condition and capacity of public school facilities are sufficient to provide a safe and uncrowded environment that is conducive to students' learning. In performing its function, the board shall ensure the most equitable, efficient, and effective use of state revenues dedicated to provide financial assistance for capital construction projects pursuant to the provisions of this article 43.7 by assessing public school capital construction needs throughout the state and providing expert recommendations based on objective criteria to the state board regarding the appropriate prioritization and allocation of such financial assistance. To further the performance of its function, the board, in addition to any other powers and duties specified in this article 43.7, has the following powers and duties:

  (a) To establish public school facility construction guidelines as specified in section 22-43.7-107 to use in reviewing financial assistance applications and recommending to the state board a prioritized list of projects recommended to receive financial assistance as specified in paragraph (c) of this subsection (2);

  (b) As soon as possible following the establishment of school facility construction guidelines pursuant to paragraph (a) of this subsection (2), to conduct or contract for a financial assistance priority assessment of public school buildings and facilities in this state based on the criteria set forth in section 22-43.7-107 (2);

  (c) To review financial assistance applications and prepare and submit to the state board a prioritized list of projects to receive financial assistance and the amount and type of financial assistance that should be provided for each project;

  (d) To establish guidelines for the division to follow when assisting potential applicants in identifying critical capital construction needs and preparing financial assistance applications pursuant to section 22-43.7-105 (2)(d);

  (e) With the support of the division, to assist applicants that cannot feasibly maintain their own construction management staff in implementing the projects for which financial assistance is provided, including but not limited to providing assistance with the preparation of requests for bids or proposals, contract negotiations, contract implementation, and project and construction management;

  (f) With the support of the division, to assist applicants in implementing energy-efficient public school facility design and construction practices;

  (g) To authorize the state treasurer to enter into financed purchase of an asset or certificate of participation agreements on behalf of the state as authorized by this article 43.7 in order to finance public school facility capital construction;

  (h) To enter into sub-financed purchase of an asset or certificate of participation agreements on behalf of the state to sub-finance public school facilities financed by the financed purchase of an asset or certificate of participation agreements to applicants; and

  (i) (I) To promulgate such rules, in accordance with article 4 of title 24, C.R.S., as are necessary and proper for the administration of this article, including but not limited to:

  (A) Conflict of interest rules for board members;

  (B) Rules establishing evaluation criteria for matching moneys requirement waiver or reduction applications submitted to the board pursuant to section 22-43.7-109 (10); and

  (C) Rules establishing the means by which public school facilities and projects financed in whole or in part with financial assistance provided pursuant this article are to be publicly identified as having been so financed.

  (II) The board shall provide a copy of any proposed board rule to the state board on or before the date on which the board issues a notice of proposed rule-making for the rule pursuant to section 24-4-103 (3), C.R.S.

  Source: L. 2008: Entire article R&RE, p. 1046, � 1, effective May 22. L. 2009: IP(1)(a) amended, (SB 09-257), ch. 424, p. 2367, � 4, effective June 4. L. 2021: IP(2), (2)(g), and (2)(h) amended, (HB 21-1316), ch. 325, p. 2005, � 16, effective July 1. L. 2022: (1)(b) amended, (SB 22-013), ch. 2, p. 28, � 35, effective February 25; IP(1)(a) amended, (SB 22-162), ch. 469, p. 3360, � 29, effective August 10.

  Cross references: For the short title (the Debbie Haskins 'Administration Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

  22-43.7-107. Public school facility construction guidelines - establishment by board - use. (1) (a) The board shall establish public school facility construction guidelines for use by the board in assessing and prioritizing public school capital construction needs throughout the state as required by section 22-43.7-108, reviewing applications for financial assistance, and making recommendations to the state board regarding appropriate allocation of awards of financial assistance from the assistance fund only to applicants. The board shall establish the guidelines in rules promulgated in accordance with article 4 of title 24, C.R.S.

  (b) It is the intent of the general assembly that the public school facility construction guidelines established by the board be used only for the purposes specified in paragraph (a) of this subsection (1).

  (2) The public school facility construction guidelines must identify and describe the capital construction, renovation, and equipment needs in public school facilities and means of addressing those needs that will provide educational and safety benefits at a reasonable cost. In preparing the guidelines, the board shall address the following considerations:

  (a) Health and safety issues, including security needs and all applicable building, health, safety, and environmental codes and standards required by state and federal law;

  (b) Technology, including but not limited to telecommunications and internet connectivity technology, technology for individual student learning and classroom instruction, and technology, as defined in section 22-43.7-109 (5)(a)(I)(B), which includes hardware, devices, or equipment necessary for individual student learning and classroom instruction, including access to electronic instructional materials, or necessary for professional use by a classroom teacher;

  (c) Building site requirements;

  (d) Building performance standards and guidelines, including but not limited to green building and energy efficiency criteria as specified in executive order D0012 07, Greening of State Government: Detailed Implementation, issued by the governor on April 16, 2007, or any subsequent executive orders or other policy directives concerning green building and energy efficiency criteria issued by the governor or the Colorado energy office;

  (e) Consultation with the incumbent electric utility regarding energy efficiency; beneficial electrification, as defined in section 40-1-102 (1.2); and renewable distributed generation opportunities;

  (f) Functionality of existing and planned public school facilities for core educational programs, particularly those educational programs for which the state board has adopted state model content standards;

  (g) Capacity of existing and planned public school facilities, taking into consideration potential expansion of services for the benefit of students such as full-day kindergarten and preschool- and school-based health services;

  (h) Public school facility accessibility; and

  (i) The historic significance of existing public school facilities and the potential to meet current programming needs by rehabilitating such facilities.

  (3) The board and the division shall apply the public school facility construction guidelines in conducting the financial assistance priority assessment required by section 22-43.7-108.

  Source: L. 2008: Entire article R&RE, p. 1049, � 1, effective May 22. L. 2012: (2)(d) amended, (HB 12-1315), ch. 224, p. 958, � 4, effective July 1. L. 2017: (2)(b) amended, (HB 17-1082), ch. 392, p. 2020, � 2, effective June 6. L. 2020: (2) amended, (SB 20-124), ch. 223, p. 1098, � 1, effective September 14. L. 2021: (2)(e) amended, (SB 21-246), ch. 283, p. 1682, � 6, effective September 7.

  Cross references: For the legislative declaration in SB 21-246, see section 1 of chapter 283, Session Laws of Colorado 2021.

  22-43.7-108. Statewide financial assistance priority assessment - public school facilities. (1) (a) As soon as possible following the establishment of the public school facility construction guidelines pursuant to section 22-43.7-107, the board shall conduct with the assistance of the division, or contract for, a financial assistance priority assessment of public school facilities throughout the state as provided in this section. The board shall order payment of the costs incurred in conducting or contracting for the financial assistance priority assessment from the assistance fund.

  (b) It is the intent of the general assembly that the financial assistance priority assessment required by this section be used only for the purposes specified in paragraph (a) of this subsection (1) and section 22-43.7-107 (1)(a).

  (2) (a) The financial assistance priority assessment shall assess public school facility capital construction projects based on:

  (I) The condition of the public school facility;

  (II) Air and water quality in the public school facility;

  (III) Public school facility space requirements;

  (IV) The ability to accommodate educational technology, including but not limited to technology for individual student learning and classroom instruction;

  (V) Site requirements for the public school facility;

  (VI) Public school facility demographics, including a five-year projection concerning anticipated substantial changes in the pupil count of individual public school facilities; and

  (VII) Annualized utility

C.R.S. § 23-31-312

23-31-312. Community wildfire protection plans - biomass utilization plans - county governments - guidelines and criteria - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that:

(I)  Community wildfire protection plans, or CWPPs, are authorized and

defined in section 101 of Title I of the federal Healthy Forests Restoration Act of 2003, Pub.L. 108-148, referred to in this section as HFRA. Title I of HFRA authorizes the secretaries of agriculture and the interior to expedite the development and implementation of hazardous fuel reduction projects on federal lands managed by the United States forest service and the bureau of land management when these agencies meet certain conditions. HFRA emphasizes the need for federal agencies to work collaboratively with local communities in developing hazardous fuel reduction projects, placing priority on treatment areas identified by the local communities themselves in a CWPP. The wildland-urban interface area is one of the identified property areas that qualify under HFRA for the use of this expedited environmental review process.

(II)  The development of a CWPP can assist a local community in clarifying

and refining its priorities for the protection of life, property, and critical infrastructure in its wildland-urban interface area. The CWPP brings together diverse federal, state, and local interests to discuss their mutual concerns for public safety, community sustainability, and natural resources. The CWPP process offers a positive, solution-oriented environment in which to address challenges such as local fire-fighting capability, the need for defensible space around homes and housing developments, the effect of fire ratings and combustibility standards for building materials used in wildland-urban interface areas, and where and how to prioritize land management on both federal and nonfederal lands. CWPPs can be as simple or complex as a local community desires.

(III)  The adoption of a CWPP brings many benefits to the state and adopting

local community, including:

(A)  The opportunity to establish a locally appropriate definition and

boundary for the wildland-urban interface area;

(B)  The establishment of relations with other state and local government

officials, local fire chiefs, state and national fire organizations, federal land management agencies, private homeowners, electric, gas, and water utility providers in the subject area, and community groups, thereby ensuring collaboration among these groups in initiating a planning dialogue and facilitating the implementation of priority actions across ownership boundaries;

(C)  Specialized natural resource knowledge and technical expertise relative

to the planning process, particularly in the areas of global positioning systems and mapping, vegetation management, assessment of values and risks, and funding strategies; and

(D)  Statewide leadership in developing and maintaining a list or map of

communities at risk within the state and facilitating work among federal and local partners to establish priorities for action.

(IV)  CWPPs give priority to projects that provide for the protection of at-risk

communities or watersheds or that implement recommendations in the CWPP.

(V)  CWPPs assist local communities in influencing where and how federal

agencies implement fuel reduction projects on federal lands, how additional federal funds may be distributed for projects on nonfederal lands, and in determining the types and methods of treatment that, if completed, would reduce the risk to the community.

(VI)  The development of CWPPs promotes economic opportunities in rural

communities.

(b)  By enacting this section, the general assembly intends to facilitate and

encourage the development of CWPPs in counties with fire hazard areas in their territorial boundaries and to provide more statewide uniformity and consistency with respect to the content of CWPPs in counties needing protection against wildfires.

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


(a)  CWPP means a community wildfire protection plan as authorized and

defined in section 101 of Title I of the federal Healthy Forests Restoration Act of 2003, Pub.L. 108-148.

(b)  Fire hazard area means an area mapped by the Colorado state forest

service, identified in section 23-31-302, as facing a substantial and recurring risk of exposure to severe fire hazards.

(c)  Red zone means a wildland-urban interface area of high wildfire risk in

Colorado, identified by the red zone map originally created in September 2004 by the Colorado state forest service and periodically updated to show areas where a high risk of catastrophic wildfire endangers homes, communities, utilities, and watersheds.

(3)  Not later than November 15, 2009, the state forester, in collaboration

with representatives of the United States forest service, the Colorado department of natural resources, county governments, municipal governments, local fire departments or fire protection districts, electric, gas, and water utility providers in the subject area, and state and local law enforcement agencies, shall establish guidelines and criteria for counties to consider in preparing their own CWPPs to address wildfires in fire hazard areas within the unincorporated portion of the county.

(3.5)  When a community within a red zone adopts or updates a CWPP, the

community is encouraged to include, as an element of the CWPP, a plan for community-based and sustainable utilization of forest biomass for the production of energy, fuels, forest products, and other applications, developed in consultation with the Colorado state forest service. As part of the plan, the state forester or the state forester's designee may offer assistance to the communities in identifying, contracting for, and securing primarily from high-risk areas a reliable source of feedstock in support of forest products industries.

(4)  The adoption of a CWPP by a county government shall be governed by

the requirements of section 30-15-401.7, C.R.S.

(5)  The state forester shall send timely notice of the guidelines and criteria

established pursuant to subsection (3) of this section to the department of local affairs and to statewide organizations representing Colorado counties and municipalities and shall post such information on the website of the Colorado state forest service.

(6)  Nothing in this section affects section 23-31-309 or the wildfire

preparedness plan developed pursuant to section 24-33.5-1227, C.R.S.

Source: L. 2009: Entire section added, (SB 09-001), ch. 30, p. 123, � 1,

effective August 5. L. 2013: (6) amended, (SB 13-270), ch. 250, p. 1317, � 7, effective May 23; (2)(c) and (3.5) added, (SB 13-273), ch. 406, p. 2374, � 3, effective June 5.

Cross references: For the legislative declaration in the 2013 act adding

subsections (2)(c) and (3.5), see section 1 of chapter 406, Session Laws of Colorado 2013.

C.R.S. § 23-31-313

23-31-313. Healthy forests - vibrant communities - funds created - outreach working group - loan program - legislative declaration - definitions - repeal. (1) Short title. This section shall be known and may be cited as the Colorado Healthy Forests and Vibrant Communities Act of 2009.

(2)  Legislative declaration. The general assembly hereby declares that

addressing the wildfire risk in Colorado and the development of community wildfire protection plans to bring together federal, state, and local interests, including nongovernmental entities such as electric, gas, and water utilities, to address wildfire risk to life, property, and infrastructure in Colorado is a matter of statewide concern.

(3)  Definitions. As used in this section, unless the context otherwise

requires:

(a)  Community-based collaborative process means a process in which a

diverse range of governmental and nongovernmental stakeholders, representing a wide variety of perspectives, are meaningfully engaged in analyzing and identifying forest management needs for their community.

(b)  Community wildfire protection plan or CWPP means a plan that meets

the definition of a community wildfire protection plan in the federal Healthy Forests Restoration Act of 2003, 16 U.S.C. sec. 6511, including the minimum requirements for collaboration with local and state government representatives, including conservation districts created pursuant to article 70 of title 35, C.R.S., and county noxious weed program administrators and consultation with federal agencies and other interested nongovernmental parties, including any electric, gas, and water utilities in the affected area, and the minimum requirements for approval by representatives of local government, local fire authorities, and the forest service.

(b.5)  Director means the director of the forest service.


(c)  Forest service means the Colorado state forest service identified in

section 23-31-302.

(d)  GIS means a geographical information system, a systematic integration

of computer hardware, software, and spatial data, for capturing, storing, displaying, updating, manipulating, and analyzing geographical information in order to solve complex management problems.

(e)  Good neighbor authority means the authority of the state of Colorado

pursuant to section 331 of the federal Department of Interior and Related Agencies Appropriation Act of 2001, Pub.L. 106-291, 114 Stat. 922, or any analogous successor authority.

(f)  Temporary field capacity means full-time, temporary field support hired

by the forest service to implement projects until such time that program funding is no longer available.

(g)  Wildfire risk mitigation or fuel mitigation treatments means

preventive forest management projects or actions, which meet or exceed forest service standards or any other applicable state rules, that are designed to reduce the potential for unwanted impacts caused by wildfires, including:

(I)  The creation of a defensible space around structures;


(II)  The establishment of fuel breaks;


(III)  The thinning of woody vegetation for the primary purpose of reducing

risk to structures from wildland fire;

(IV)  The secondary treatment of woody fuels by lopping and scattering,

piling, chipping, removing from the site, broadcast burning, or prescribed burning; and

(V)  Other nonemergency preventive activities designed to reduce the

unwanted impacts caused by wildfires that the forest service may deem to be risk reduction or fuel mitigation treatments.

(h)  Wildland-urban interface means an area where structures or other

human development meet or intermingle with wildland vegetation.

(4)  Community and firefighter planning and preparedness. To help ensure

that communities and firefighters have sufficient resources, technical support, and training to adequately assess wildfire risks, the forest service shall:

(a)  Facilitate the CWPP process with communities and other entities seeking

to prepare a CWPP to ensure that state and federal CWPP standards are met;

(b)  Work with conservation districts created pursuant to article 70 of title 35,

C.R.S., county noxious weed program administrators, and other state, local, federal, and nongovernmental partners, including any electric, gas, and water utilities in the affected area, to provide CWPP standards for Colorado that promote greater consistency among CWPPs in the state and ensure that communities address community risks and values, identify protection priorities, assess their ability to respond to wildland fire, establish fuels treatment projects, and identify ways to minimize wildland-urban interface risk in the future;

(c)  Provide technical assistance to communities seeking to prepare, update,

or implement a CWPP and track the progress of CWPPs and implementation practices through GIS web-based applications; and

(d)  Provide technical assistance to the board of county commissioners of

each county to determine whether there are fire hazard areas within the unincorporated areas of the county and to assist the board of county commissioners of each county with developing CWPPs for those areas.

(e)  Repealed.


(5)  Community wildfire risk mitigation. To help communities address the

urgent need to reduce wildfire risks by supporting implementation of risk mitigation treatments that focus on protecting lives, homes, and essential community infrastructure, and by improving inventory and monitoring of forest conditions, the forest service shall:

(a)  Expand its fuels mitigation program through sixty percent cost-share

grants to address needs expressed by landowners or utility easement owners in the wildland-urban interface. In order to qualify for these funds, projects shall be included in or provide for implementation of an approved CWPP that meets the standards established pursuant to paragraph (b) of subsection (4) of this section. In awarding these grants, the forest service shall establish evaluation criteria that emphasize projects that reduce risks to the public, firefighters, and community infrastructure; that improve forest health; and that substantially leverage additional financial resources. In making grant awards, the forest service shall also prioritize projects that provide an opportunity to implement Colorado's good neighbor authority or that have been identified through a community-based collaborative process.

(b)  Hire additional field capacity to support the implementation and

monitoring of fuels mitigation grant awards;

(c)  Provide sufficient resources to conduct enhanced aerial surveys to

annually assess forest conditions, identify emerging and existing insect and disease epidemics, and make timely management decisions; and

(d)  Provide sufficient resources to assess and incorporate forest pathology

information into analysis of forest conditions and trends.

(6)  Community watershed restoration. (a)  In order to support communities

and land managers in efforts to reduce risk to people and property and increase firefighter safety, and in support of long-term ecological restoration so that the underlying condition of Colorado's forests supports a variety of values, including public water supply and high-quality wildlife habitat, the forest service shall:

(I)  Repealed.


(II)  Facilitate and work collaboratively with the division of fire prevention and

control, landowners, local governments, including conservation districts created pursuant to article 70 of title 35, C.R.S., and county noxious weed program administrators and other appropriate parties, including any electric, gas, and water utilities in the affected area, to design prescribed fire and fuel mitigation treatment projects and to encourage increased responsible use of prescribed fire and fuel mitigation treatments as a tool for restoring healthy forest conditions consistent with programs established pursuant to section 25-7-106 (7) and (8), C.R.S., and section 24-33.5-1217, C.R.S. The forest service shall emphasize providing training and technical assistance for landowners, local communities, and state agencies.

(III)  Repealed.


(IV)  Conduct, or contract with one or more entities to conduct, one or more

demonstration projects that utilize Colorado's good neighbor authority with the United States forest service to implement forest management treatments that improve forest health and resilience and supply forest products to Colorado businesses. In overseeing a project, the forest service shall:

(A)  Use a collaborative approach;


(B)  Leverage state resources to accomplish work across land ownership

boundaries in order to treat more acres at reduced cost;

(C)  Target a Colorado watershed to implement forest management

treatments that will protect and enhance forest resilience, reduce the potential for catastrophic wildfire, salvage insect- and disease-impacted trees, and provide forest products for businesses in Colorado; and

(D)  Consider locations that have already been subject to review under the

federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4321 et seq., including the Alpine plateau in Gunnison county and areas in the Grand Mesa, Uncompahgre, and Gunnison national forests that are subject to the spruce beetle epidemic and aspen decline draft environmental impact statement.

(b)  Repealed.


(7)  Enhanced economic opportunities. In order to support local business

development and job creation through the implementation of forest treatments, the forest service shall:

(a)  Administer a revolving loan fund to support woody biomass utilization and

the development and marketing of traditional and nontraditional timber products as specified in subsection (8) of this section;

(b)  Work with the air quality control commission created in section 25-7-104

to support the appropriately increased use of woody biomass in bio-heating.

(8)  Wildfire risk mitigation loan program. (a)  The forest service shall issue a

statewide request for proposals for loans to businesses to provide start-up capital for new facilities or equipment to harvest, remove, use, and market beetle-killed and other timber taken from private, federal, state, county, or municipal forest lands as part of a wildfire risk reduction or fuels mitigation treatment.

(b)  The forest service shall solicit applications for and make loans under this

section. In deciding whether to make a loan, the forest service shall consider the extent to which the applicant:

(I)  Helps retain or expand other local businesses;


(II)  Helps maintain or increase the number of jobs in the area;


(III)  Contributes to the stability of rural communities;


(IV)  Demonstrates operational experience and a good reputation;


(V)  Promotes and publicizes the efforts undertaken pursuant to this section;

and

(VI)  Helps recruit new business activity in the area.


(c)  No later than July 1, 2010, the state forester shall submit a report to the

governor that shall include an assessment of whether, and to what extent, projects funded by loans under this subsection (8) have achieved the purposes identified in this subsection (8).

(d)  There is hereby created in the state treasury the wildfire risk mitigation

revolving fund, which shall be administered by the forest service. All moneys in the fund are continuously appropriated to the department of higher education for allocation to the board of governors of the Colorado state university system for loans specified in this subsection (8). All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund.

(e)  On June 15, 2021, or as soon as possible thereafter, the state treasurer

shall transfer two million five hundred thousand dollars from the general fund to the wildfire risk mitigation revolving fund.

(9)  Improved outreach and technical assistance. In order to ensure that the

forest service has the capacity to deliver key funding and technical assistance that will be needed to guide and support implementation of wildfire preparedness, risk mitigation, watershed restoration, and economic development initiatives in a way that adds value to these efforts at the state level and across community boundaries, the forest service shall:

(a)  Secure full-time staff for developing, revising, and implementing CWPPs

and collaborative landscape level prioritization plans; developing and implementing risk mitigation and watershed restoration plans; strengthening the responsible use of prescribed fire; and supporting economically beneficial uses of woody biomass;

(b)  Secure sufficient GIS capacity to assist with wildfire, insect, and disease

risk assessments, as well as landscape-scale prioritization and planning; and emphasize making data available to and usable by local entities and other interested parties, including any electric, gas, and water utilities in the affected area; and

(c)  Develop a web-based clearinghouse for technical assistance and funding

resources relevant to the initiatives established in this section.

(d)  Repealed.


(9.2)  Outreach to high school students. The forest service, in consultation

with the department of natural resources, the division of fire prevention and control in the department of public safety, the state board for community colleges and occupational education, and timber industry representatives, shall develop educational materials relating to career opportunities in forestry and wildfire risk mitigation to distribute to high school guidance counselors to provide to high school students.

(9.5)  Wildfire risk mitigation public outreach and educational campaign -

legislative declaration. (a) (I) The general assembly hereby finds and declares that:

(A)  Wildfires increasingly pose a threat to homes and communities in

Colorado as more people move into the wildland areas of our state, and long-term weather and climate trends, including drought and warmer temperatures, as well as the buildup of wildland fuels, further increase wildfire risk;

(B)  In 2020, Colorado experienced the three largest wildfires in its history,

with the fires burning over six hundred thousand acres, causing significant displacement, devastating communities, degrading water and air quality, and ultimately resulting in the loss of human life and hundreds of millions of dollars in property loss and damage;

(C)  Local, state, and federal agencies and entities continue to address the

short- and long-term social, economic, and environmental impacts of these fires;

(D)  With more than half of all Coloradans living in the wildland-urban

interface, there is an urgent need for wildfire prevention and preparedness at both the community and individual homeowner and property owner levels;

(E)  Coordinated education concerning how, where, and why wildfires burn, as

well as collaborative efforts to increase survivability of homes and property, is paramount to coexisting in a wildfire environment; and

(F)  While homeowners and property owners in Colorado bear the ultimate

responsibility to prepare their homes and property for wildfire, many still do not understand this responsibility, the risk they face living in the wildland-urban interface, or the necessary steps to reduce their wildfire risk.

(II)  Therefore, the general assembly declares that it is vital to the health and

safety of Colorado's citizens, communities, and forests for local, state, and federal agencies in Colorado, in partnership with organizations engaged in wildfire risk mitigation in the state, to enhance outreach efforts to residents in the wildland-urban interface to educate and motivate those residents to engage in effective wildfire risk mitigation and wildfire preparedness activities.

(b) (I)  The forest service shall convene a working group of local, state, and

federal partners engaged in wildfire risk mitigation, referred to in this subsection (9.5) as the working group, to enhance outreach efforts to residents in the wildland-urban interface concerning effective wildfire risk mitigation and to coordinate the financial and other resources that may be available for such work. State and federal partners include the division of fire prevention and control in the department of public safety and the United States forest service. The forest service may invite other partners to join the working group and seek input from entities engaged in wildfire risk mitigation in the wildland-urban interface.

(II)  The working group shall:


(A)  Prior to the annual wildfire awareness month outreach campaigns in

2023 and 2024, consider how best to conduct an enhanced outreach campaign for the public that educates and motivates residents in the wildland-urban interface to engage in more wildfire risk mitigation;

(B)  Consider how best to distribute educational resources and information to

residents in the wildland-urban interface, including the forest service's publication The Home Ignition Zone or a successor publication, and whether other educational and marketing tools could be developed to educate residents and motivate increased wildfire risk mitigation;

(C)  Consider which local, statewide, or regional outreach efforts, including

direct mail, web-based material, telephone outreach, social media, print media, television and radio spots, billboards, and community events, are most effective in increasing awareness among the targeted residents in the wildland-urban interface of the importance of wildfire risk mitigation and how to prepare for wildfires;

(D)  Consider how best to coordinate efforts by working group partners and

other entities engaged in wildfire risk mitigation to disseminate web-based educational resources and information concerning effective wildfire risk mitigation and wildfire preparedness activities through links to the forest service's web-based clearinghouse for technical assistance and to web-based resources of other working group partners and entities engaged in wildfire risk mitigation;

(E)  Consider how best to leverage existing state, local, and federal resources

and expertise to implement the enhanced outreach efforts considered by the working group; and

(F)  Consider what funding or additional resources would be necessary for the

forest service and other partners to build upon the enhanced wildfire awareness month outreach campaign, as well as other potential outreach efforts, in subsequent years.

(c)  After considering feedback from the working group, and subject to

available appropriations, the forest service:

(I)  Shall implement an enhanced wildfire awareness month outreach

campaign in conjunction with the division of fire prevention and control in the department of public safety and the United States forest service in 2023 through 2027; and

(II)  Shall implement other outreach efforts during the 2022-23 through

2026-27 state fiscal years that are expected to increase awareness of wildfire risk mitigation by residents in the wildland-urban interface.

(d) (I)  To implement this subsection (9.5), the forest service, subject to

available appropriations, may:

(A)  Develop or contract for the development or placement of marketing and

educational materials, including videos, direct mail, social media, print media, television and radio spots, and billboards;

(B)  Conduct or contract for educational events targeted to residents in the

wildland-urban interface;

(C)  Retain consultants, as necessary, to implement all or part of an outreach

campaign, as well as other outreach efforts;

(D)  Make enhancements to the forest service's web-based clearinghouse for

technical assistance and funding resources created pursuant to subsection (9) of this section, as necessary, to better implement outreach efforts described in this subsection (9.5) and coordinate with working group partners and other entities engaged in wildfire risk mitigation to provide links to web-based educational resources and information; and

(E)  Secure necessary staff to implement the outreach efforts described in

this subsection (9.5).

(II)  Consistent with the outreach plan, the general assembly may appropriate

money to the division of fire prevention and control in the department of public safety.

(e) (I)  During the 2023 through the 2027 legislative interims, the state

forester shall submit a report to the wildfire matters review committee created in section 2-3-1602 concerning outreach efforts implemented pursuant to this subsection (9.5) or, if the wildfire matters review committee is repealed, to the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees.

(II)  The report must include:


(A)  A description of the outreach efforts;


(B)  The amount and use of money appropriated to implement this subsection

(9.5);

(C)  Data and information received by the forest service or its partners

relating to the impact of the outreach efforts in increasing awareness of wildfire risk mitigation by residents in the wildland-urban interface; and

(D)  Proposed future outreach efforts, including any additional funding or

other resources needed to implement those outreach efforts.

(f) (I)  For purposes of conducting ongoing wildfire awareness month

outreach campaigns and other outreach efforts pursuant to subsection (9.5)(c) of this section, the general assembly shall appropriate forty thousand dollars to the healthy forests and vibrant communities fund created in subsection (10) of this section.

(II)  This subsection (9.5)(f) is repealed, effective July 1, 2028.


(9.6)  Carbon accounting framework. (a)  On and after September 1, 2022,

the state forest service shall develop a publicly accessible statewide carbon accounting framework that yields carbon stock and flux estimates for:

(I)  Ecosystems by county and forest cover type; and


(II)  Wood products.


(b)  The state forest service shall also develop a forest carbon co-benefit

framework for project-level forest management practices, including wildfire mitigation. The state forest service shall use this framework to train practitioners in adaptive management practices to be incorporated into current forest management practices, including wildfire mitigation. The state forest service shall provide technical expertise to assist industry and landowners with carbon inventories and monitoring.

(c)  As used in this subsection (9.6), unless the context otherwise requires:


(I)  Carbon accounting framework means a model that uses data from the

forest inventory and analysis program of the United States department of agriculture's forest service to develop tabular data of carbon flux and stock estimates for all forest types and wood products in the state of Colorado.

(II)  Forest carbon co-benefit framework means a framework that links

goals, strategies, and approaches in the 2020 Colorado forest action plan to forest management and wildfire risk mitigation practices that serve to improve carbon sequestration.

(9.7)  Wildfire mitigation resources and best practices grant program. (a)

There is hereby created in the forest service the wildfire mitigation resources and best practices grant program, referred to in this section as the grant program. Grant recipients may use the money to conduct outreach among landowners to inform them of resources available for wildfire mitigation and best practices for wildfire mitigation.

(b)  The forest service shall administer the grant program and, subject to

available appropriations, shall award grants as provided in this section. The forest service shall develop and publish policies and procedures to implement the grant program in accordance with this section. At a minimum, the policies and procedures must specify the time frames for applying for grants, the form of the grant program application, and the grant program evaluation and reporting requirements for grant recipients.

(c)  To be eligible to receive a grant, an entity must be an agency of local

government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit organization that is registered and in good standing with the secretary of state's office. Applicants must meet any other criteria specified in the forest service's policies and procedures.

(d)  The forest service shall review the applications received pursuant to this

section. The forest service shall only award grants to applicants proposing to conduct outreach among landowners in high wildfire hazard areas and shall consider the potential impact of the applicants' proposed outreach when awarding grants.

(e)  Subject to available appropriations, not later than January 1, 2024, and on

or before January 1 each year thereafter for the duration of the grant program, the director shall award grants as provided in this section. Grants are awarded at the sole discretion of the director in accordance with this section.

(f)  On or before September 1, 2025, and on or before September 1 each year

thereafter for the duration of the grant program, the forest service shall submit a report to the wildfire matters review committee, or any successor committee, on the grant program. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement continues until the grant program is repealed pursuant to subsection (9.7)(h) of this section.

(g)  Commencing no later than the fiscal year that begins on July 1, 2023, the

general assembly shall annually appropriate money from the general fund to the healthy forests and vibrant communities fund, created in subsection (10)(a)(I) of this section, to implement the grant program. The forest service may use a portion of the money annually appropriated for the grant program to pay the direct and indirect costs that the forest service incurs to administer the grant program.

(h)  This subsection (9.7) is repealed, effective January 1, 2029.


(10)  Healthy forests and vibrant communities fund. (a) (I)  There is hereby

created in the state treasury the healthy forests and vibrant communities fund. The fund consists of all money that may be appropriated or transferred thereto by the general assembly and all private and public money received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of money in the fund is credited to the fund. The money in the fund is hereby continuously appropriated for the purposes specified in this section and remains available until expended. Any money not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.

(II)  On July 1, 2017, and July 1, 2018, the state treasurer shall transfer one

million one hundred eighty-six thousand three hundred sixty-three dollars from the general fund to the healthy forests and vibrant communities fund.

(III)  On June 15, 2021, or as soon as possible thereafter, the state treasurer

shall transfer five million dollars from the general fund to the healthy forests and vibrant communities fund.

(IV)  Repealed.


(V)  On June 30, 2025, the state treasurer shall transfer from the healthy

forests and vibrant communities fund to the general fund thirty-two thousand nine hundred eighty-eight dollars that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.

(b)  By executive order or proclamation, the governor may access and

designate moneys in the healthy forests and vibrant communities fund for healthy forests and vibrant communities activities, subject to paragraph (c) of this subsection (10). The state forest service shall implement the directives set forth in such executive order or proclamation.

(c)  Of the money transferred to the fund pursuant to section 39-29-109.3

(2)(n) prior to its repeal:

(I)  Three hundred eighty thousand dollars may be expended for purposes

specified in subsection (4) of this section;

(II)  Two hundred thousand dollars may be expended for purposes specified in

subsection (5) of this section;

(III)  One hundred thousand dollars may be expended for purposes specified

in subsection (6) of this section;

(IV)  Sixty-five thousand dollars may be expended for purposes specified in

subsection (7) of this section;

(V)  Two hundred thousand dollars may be expended for purposes specified

in subsection (8) of this section;

(VI)  Three hundred sixty thousand dollars may be expended for purposes

specified in subsection (9) of this section; and

(VII)  The unencumbered balance may be used for any purpose specified in

this subsection (10)(c).

(d)  Repealed.


(11)  Repealed.


(12)  Notwithstanding any other provision of this section, the forest service's

duties pursuant to this section shall be reduced pro rata with any reduction in the funding specified in this section.

(13)  In carrying out projects pursuant to this section, the forest service shall,

whenever feasible, contract with the Colorado youth corps association or an accredited Colorado youth corps to provide labor. For purposes of this subsection (13), accredited Colorado youth corps means a youth corps organization that is accredited by the Colorado youth corps association.

Source: L. 2009: Entire section added, (HB 09-1199), ch. 411, p. 2271, � 1,

effective June 3; (10)(c)(II), (10)(c)(IV), (10)(c)(V), and (10)(c)(VI) amended, (SB 09-293), ch. 370, p. 2009, � 2, effective June 1. L. 2010: (6)(a)(III) added, (SB 10-102), ch. 101, p. 343, � 1, effective April 15. L. 2012: (6)(a)(I)(A) and (6)(b) amended, (HB 12-1032), ch. 69, p. 239, � 2, effective March 24; (4)(e) and (6)(a)(III) repealed, (HB 12-1283), ch. 240, p. 1137, �� 56, 55, effective July 1; (7)(b) amended, (HB 12-1315), ch. 224, p. 961, � 12, effective July 1. L. 2013: (6)(a)(II) amended, (SB13-083), ch. 249, p. 1308, � 10, effective May 23; (6)(a)(II) amended, (HB 13-1300), ch. 316, p. 1680, � 44, effective August 7. L. 2014: (10)(c)(I) amended and (10)(d) added, (SB 14-154), ch. 313, p. 1355, � 1, effective May 31. L. 2016: (3)(g)(IV) and (6)(a)(II) amended, (HB 16-1019), ch. 39, p. 97, � 1, effective March 22; (6)(a)(IV) added and (6)(b)(I) and (9) amended, (HB 16-1255), ch. 113, p. 318, � 1, effective April 21. L. 2017: (10)(a) amended, (SB 17-259), ch. 190, p. 689, � 2, effective May 3; IP(6)(a), (6)(b), IP(10)(c), and (10)(c)(VII) amended and (6)(a)(I) repealed, (SB 17-050), ch. 34, p. 97, � 2, effective July 1. L. 2018: (10)(a)(II) amended, (HB 18-1338), ch. 201, p. 1308, � 2, effective May 4; (7)(b) amended, (SB 18-003), ch. 359, p. 2132, � 3, effective June 1. L. 2021: (5)(b) and (9)(a) amended and (8)(e) and (10)(a)(III) added, (SB 21-258), ch. 238, p. 1249, � 3, effective June 15; (10)(a)(I) and IP(10)(c) amended, (SB 21-281), ch. 255, p. 1501, � 9, effective June 18. L. 2022: (3)(b.5) and (9.7) added and (10)(a)(I) amended, (HB 22-1007), ch. 343, p. 2456, � 1, effective June 3; (3)(h) and (9.5) added, (SB 22-007), ch. 342, p. 2452, � 1, effective June 3; (9.6) and (10)(a)(IV) added and (10)(a)(I) amended, (HB 22-1012), ch. 341, p. 2449, � 1, effective August 10. L. 2023: (9.2) added, (SB 23-005), ch. 172, p. 843, � 1, effective May 12; (9.7)(f) amended, (HB 23-1301), ch. 303, p. 1824, � 30, effective August 7. L. 2024: (9.5)(c) and (9.5)(e)(I) amended and (9.5)(f) added, (HB 24-1024), ch. 210, p. 1287, � 1, effective May 20; (11) repealed, (HB 24-1450), ch. 490, p. 3416, � 45, effective August 7. L. 2025: (10)(a)(V) added, (SB 25-312), ch. 301, p. 1536, � 7, effective May 30.

Editor's note: (1)  Subsection (6)(a)(III) was relocated to � 24-33.5-1217 in

2012.

(2)  Amendments to subsection (6)(a)(II) by Senate Bill 13-083 and House Bill

13-1300 were harmonized.

(3)  Subsection (10)(d)(II) provided for the repeal of subsection (10)(d),

effective July 1, 2015. (See L. 2014, p. 1355.)

(4)  Subsection (9)(d)(III) provided for the repeal of subsection (9)(d), effective

September 1, 2018. (See L. 2016, p. 318.)

(5)  Subsection (6)(b)(II) provided for the repeal of subsection (6)(b), effective

September 1, 2023. (See L. 2017, p. 97)

(6)  Subsection (10)(a)(IV)(B) provided for the repeal of subsection (10)(a)(IV),

effective July 1, 2023. (See L. 2022, p. 2449.)

Cross references: (1)  For the legislative declaration in the 2012 act repealing

subsections (4)(e) and (6)(a)(III), see section 1 of chapter 240, Session Laws of Colorado 2012. In 2013, subsection (6)(a)(II) was amended by the Colorado Prescribed Burning Act.

(2)  For the short title and legislative declaration, see sections 1 and 2 of

chapter 249, Session Laws of Colorado 2013.

(3)  For the legislative declaration in SB 21-258, see section 1 of chapter 238,

Session Laws of Colorado 2021. For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021.

C.R.S. § 23-31-317

23-31-317. Biomass utilization study - legislative declaration - report - definitions - repeal. (1) The general assembly:

(a)  Finds and determines that:


(I)  Three of the largest wildfires in Colorado's history occurred in 2020, with

more than six hundred twenty-five thousand acres burned across the state;

(II)  It is estimated that two hundred fourteen million dollars was spent in

Colorado in 2020 to fight forest fires;

(III)  With almost three million people in Colorado residing in the wildland-urban interface, these wildfires threaten human life as well as private property,

public infrastructure, and the environment;

(IV)  The forest service has implemented a number of strategies to help

mitigate the risk of wildfire, including engaging in educational outreach, providing technical assistance to communities in the WUI with the development of community wildfire protection plans, and treating forested lands to reduce the amount of fuel;

(V)  One promising strategy for wildfire mitigation is to increase the

utilization of biomass to reduce fuel; and

(VI)  Increased biomass utilization would provide other environmental

benefits such as:

(A)  Using biomass for electric and heat generation as a means to further

diversify Colorado's renewable energy portfolio and, in furtherance of the governor's Greenhouse Gas Pollution Reduction Roadmap released on January 14, 2021, provide a carbon-neutral alternative energy source to fossil fuels; and

(B)  Applying biochar to soil as a means to improve soil health and provide

carbon sequestration; and

(b)  Declares that it is in the interest of the state for the forest service to

administer a grant program to demonstrate biomass utilization as a means to innovate wildfire mitigation, renewable energy development, soil health, climate change mitigation, and carbon sequestration.

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


(a)  Biochar means a charcoal that is produced by pyrolysis of biomass and

is used as a soil amendment.

(b)  Biomass has the meaning set forth in section 40-2-124 (1)(a)(I).


(c)  Forest service has the meaning set forth in section 23-31-310 (2)(c).


(d)  Fuel has the meaning set forth in section 23-31-310 (2)(d).


(e)  Pyrolysis has the meaning set forth in section 40-2-124 (1)(a)(V).


(f)  Wildland-urban interface or WUI has the meaning set forth in section

23-31-310 (2)(f).

(3) (a)  The biomass utilization grant program is created to demonstrate the

utilization of biomass throughout the state. The forest service, at the discretion of the state forester, may implement the grant program by awarding up to two million five hundred thousand dollars in grants for proposed projects that seek to demonstrate the following regarding biomass utilization:

(I)  Wildfire prevention and mitigation benefits derived from its utilization;


(II)  Energy benefits derived from increasing biomass energy generation; or


(III)  Agricultural benefits from increasing its usage as biochar.


(b)  The forest service, at the discretion of the state forester, may administer

the grant program using money in the healthy forests and vibrant communities fund created in section 23-31-313 (10) and any gifts, grants, or donations received. The forest service may seek and expend gifts, grants, and donations to finance the biomass utilization grant program.

(4)  On or before March 1, 2023, and on or before each March 1 after a year in

which the forest service awards one or more grants under the biomass utilization grant program, the forest service shall submit a report describing each project for which it has awarded a grant in the previous year, including a description of the type of biomass utilization that the project demonstrates, the geographic area served by the project, and the amount awarded for the project, to the governor and the agriculture, livestock, and water committee of the house of representatives and the agriculture and natural resources committee of the senate, or any successor committees. The forest service shall post the report on its website.

(5)  This section is repealed, effective September 1, 2026. Before the repeal,

this section is scheduled for review in accordance with section 24-34-104.

Source: L. 2021: Entire section added, (HB 21-1180), ch. 469, p. 3374, � 1,

effective September 7.

C.R.S. § 23-5-101.5

23-5-101.5. Enterprise status of auxiliary facilities - definitions. (1) Any auxiliary facility or group of auxiliary facilities with similar functions which is managed by the governing body of an institution of higher education or by the board of directors of the Auraria higher education center may be designated as an enterprise for the purposes of section 20 of article X of the state constitution so long as the governing body of the institution of higher education or the board of directors of the Auraria higher education center, whichever manages such auxiliary facility or group of auxiliary facilities, retains the authority to issue revenue bonds on behalf of such auxiliary facility or group of auxiliary facilities and such auxiliary facility or group of auxiliary facilities receives less than ten percent of its total annual revenues in grants from all Colorado state and local governments combined. The general assembly hereby finds and declares that, for the purposes of determining whether an auxiliary facility or group of auxiliary facilities may be designated as an enterprise, it is sufficient that the governing body of an institution of higher education or the board of directors of the Auraria higher education center, whichever manages such auxiliary facility or group of auxiliary facilities, has authority to issue revenue bonds on behalf of such auxiliary facility or group of auxiliary facilities. So long as it is designated as an enterprise pursuant to the provisions of this section, an auxiliary facility or group of auxiliary facilities shall not be subject to any of the provisions of section 20 of article X of the state constitution.

(1.5)  In pledging revenues for the repayment of revenue bonds issued on

behalf of any auxiliary facility or group of auxiliary facilities that is designated as an enterprise, the institution of higher education and the auxiliary facility or group of auxiliary facilities may pledge internal revenues only if the auxiliary facility or group of auxiliary facilities:

(a)  Is accounted for separately in institutional financial records;


(b)  Is self-supporting from revenues received as gifts from nongovernmental

sources or in exchange for goods and services; and

(c)  Engages in the type of activities that are commonly carried on for profit

outside the public sector.

(2)  As used in this section and sections 23-5-101.7 to 23-5-105.5:


(a)  Auxiliary facility means any student or faculty housing facility; student

or faculty dining facility; recreational facility; student activities facility; child care facility; continuing education facility or activity; intercollegiate athletic facility or activity; health facility; alternative or renewable energy producing facility, including but not limited to, a solar, wind, biomass, geothermal, or hydroelectric facility; college store; or student or faculty parking facility; or any similar facility or activity that has been historically managed, and was accounted for in institutional financial statements prepared for fiscal year 1991-92, as a self-supporting facility or activity, including any additions to and any extensions or replacements of any such facility on any campus under the control of the governing board managing such facility. Auxiliary facility shall also mean any activity undertaken by the governing board of any state-supported institution of higher education as an eligible lender participant pursuant to parts 1 and 2 of article 3.1 of this title.

(b) (I)  Grant means any direct cash subsidy or other direct contribution of

money from the state or any local government in Colorado which is not required to be repaid.

(II)  Grant does not include:


(A)  Any indirect benefit conferred upon an auxiliary facility, or group of

auxiliary facilities or an institution or group of institutions from the state or any local government in Colorado, including any interest in or use of existing facilities owned, funded, or financed by the governing board of an institution, the state, or any local government in Colorado;

(B)  Any revenues resulting from market exchanges such as rates, fees,

assessments, tuition, or other charges imposed by an auxiliary facility, or group of auxiliary facilities or by an institution or group of institutions for the provision of goods or services by such auxiliary facility, group of auxiliary facilities, institution or group of institutions, including services to the state or a local government in Colorado and fees paid to the auxiliary facility or group of auxiliary facilities for internal services provided to the institution of higher education with which the auxiliary facility is associated;

(C)  Any federal funds, regardless of whether such federal funds pass

through the state or any local government in Colorado prior to receipt by an auxiliary facility, group of auxiliary facilities, institution, or group of institutions;

(D)  Fees received by an institution pursuant to a fee-for-service contract

between the department of higher education and the institution or the institution's governing board;

(E)  Revenues received by an institution or group of institutions that have

been paid on behalf of an eligible undergraduate student from the college opportunity fund pursuant to article 18 of this title.

(c)  Internal revenues means revenues received in exchange for the

provision of goods or services to the institution of higher education with which the auxiliary facility or group of auxiliary facilities is associated; except that revenues received from another auxiliary facility or group of auxiliary facilities that has been designated as an enterprise are not internal revenues.

(3) (a)  The governing body of an institution of higher education or the board

of directors of the Auraria higher education center may, by resolution, designate any auxiliary facility or group of auxiliary facilities with similar functions managed by such governing body or board of directors, as applicable, as an enterprise so long as such auxiliary facility or group of auxiliary facilities meets the requirements for an enterprise as stated in subsection (1) of this section. The designation of a group of auxiliary facilities with similar functions may include auxiliary facilities that are located at one or more campuses or institutions under the jurisdiction of the governing body or board of directors. Except as provided in paragraph (b) of this subsection (3), any such designation of an auxiliary facility or group of auxiliary facilities in accordance with the requirements of this paragraph (a) shall not terminate, expire, or be rescinded as long as the auxiliary facility or group of auxiliary facilities meets the requirements for an enterprise.

(b)  All designations adopted pursuant to paragraph (a) of this subsection (3)

shall be submitted by the adopting body to the office of the state auditor in the form and manner prescribed by the legislative audit committee. Said designations shall be reviewed by said office to determine whether said designations are within the authority of the adopting body pursuant to the provisions of this section and for later review by the legislative audit committee for its opinion as to whether the designations conform with the provisions of this section. The official certificate of the state auditor as to the fact of submission or the date of submission of a designation as shown by the records of the office of the state auditor, as well as to the fact of nonsubmission as shown by the nonexistence of such records, shall be received and held in all civil cases as competent evidence of the facts contained therein. Any such designation adopted by a governing body of an institution of higher education or by the board of directors of the Auraria higher education center without being so submitted within twenty days after adoption to the office of the state auditor for review by said office and by the legislative audit committee shall be void. The findings of the office of the state auditor shall be presented to said committee at a public meeting held after timely notice to the public and affected adopting bodies. The legislative audit committee shall, on affirmative vote, submit such designations, comments, and any proposed legislation at the next regular session of the general assembly. Any member of the general assembly may introduce a bill which rescinds any designation. Rejection of such a bill does not constitute legislative approval of such designation. Each adopting body shall revise its designations to conform with the action taken by the general assembly. For the purpose of performing the functions assigned it by this paragraph (b), the legislative audit committee, with the approval of the speaker of the house of representatives and the president of the senate, may appoint subcommittees from the membership of the general assembly.

(4)  The following auxiliary facilities are designated as enterprises in

accordance with the requirements of this section:

(a)  Auraria higher education center:


(I)  Parking;


(II)  Student facilities;


(III)  Reprographics; and


(IV)  Other auxiliaries;


(V) and (VI)  (Deleted by amendment, L. 97, p. 1407, � 6, effective July 1, 1997.)


(b)  University of Colorado:


(I)  Auxiliary facilities;


(II)  Education services;


(III)  Research support services; and


(IV)  Other self-funded services;


(c)  Colorado school of mines:


(I)  Student and faculty services;


(II)  Continuing education;


(III)  General operations; and


(IV)  Research revolving;


(d)  University of northern Colorado:


(I)  Continuing education; and


(II) to (IV)  (Deleted by amendment, L. 98, p. 218, � 1, effective April 10, 1998.)


(V)  (Deleted by amendment, L. 2004, p. 110, � 1, effective March 17, 2004.)


(VI)  Auxiliary facilities;


(e)  Colorado community college and occupational education system:


(I)  (Deleted by amendment, L. 98, p. 218, � 1, effective April 10, 1998.)


(II)  Continuing education;


(III)  Student and faculty services;


(IV)  (Deleted by amendment, L. 97, p. 1407, � 6, effective July 1, 1997.)


(V)  Tec operations; and


(VI)  Lowry enterprise;


(f)  Colorado state university system:


(I)  Student and faculty operations and activities;


(II)  Continuing education;


(III)  (Deleted by amendment, L. 97, p. 1407, � 6, effective July 1, 1997.)


(IV)  Research building revolving fund; and


(V)  Colorado state forest service seedling tree nursery;


(g)  Adams state university:


(I)  Student and faculty services; and


(II)  Continuing education;


(h)  Colorado Mesa university:


(I)  Student and faculty services;


(II)  Continuing education; and


(III)  Other self-funded services;


(i)  Metropolitan state university of Denver:


(I)  Student and faculty services; and


(II)  Continuing education;


(j)  Western Colorado university:


(I)  Student and faculty services; and


(II)  Continuing education; and


(k)  Fort Lewis college:


(I)  Student and faculty operations and activities; and


(II)  Continuing education.


(5)  Notwithstanding paragraph (a) of subsection (3) of this section relating to

the designation of auxiliary facilities as enterprises, those auxiliary facilities of Fort Lewis college, which were a part of the Colorado state university system enterprise pursuant to paragraph (f) of subsection (4) of this section, shall, as they relate to Fort Lewis college, be designated enterprises of the board of trustees for Fort Lewis college, established in section 23-52-102.

(6)  Notwithstanding subsection (3)(a) of this section relating to the

designation of auxiliary facilities as enterprises:

(a)  Any auxiliary facilities of Adams state university that were a part of any

state colleges enterprise pursuant to paragraph (g) of subsection (4) of this section in existence prior to the establishment of the board of trustees of Adams state university in section 23-51-102 shall, as they relate to Adams state university, be designated enterprises of the board of trustees of Adams state university.

(b)  Any auxiliary facilities of Colorado Mesa university that were part of

Mesa state college that were a part of any state colleges enterprise pursuant to paragraph (g) of subsection (4) of this section in existence prior to the establishment of the board of trustees of Colorado Mesa university in section 23-53-102 shall, as they relate to Colorado Mesa university, be designated enterprises of the board of trustees of Colorado Mesa university.

(c)  Any auxiliary facilities of Metropolitan state university of Denver that

were a part of any state colleges enterprise established under law in existence prior to the establishment of the board of trustees of Metropolitan state university of Denver in section 23-54-102 shall, as they relate to Metropolitan state university of Denver, be designated enterprises of the board of trustees of Metropolitan state university of Denver.

(d)  Any auxiliary facilities of Western Colorado university that were a part of

any state colleges enterprise pursuant to subsection (4)(g) of this section in existence prior to the establishment of the board of trustees of Western Colorado university in section 23-56-102 shall, as they relate to Western Colorado university, be designated enterprises of the board of trustees of Western Colorado university.

(7)  Notwithstanding section 24-77-108, an auxiliary facility, or group of

auxiliary facilities with similar functions, that is managed by the governing body of an institution of higher education or by the board of directors of the Auraria higher education center, that was designated as an enterprise as of January 1, 2021, and that subsequently disqualifies as an enterprise does not require voter approval in order to qualify and be redesignated as an enterprise.

Source: L. 93: Entire section added, p. 1820, � 1, effective June 6. L. 94: (4)

added, p. 624, � 1, effective April 14; (2)(a), (2)(b)(II)(B), and (3)(a) amended, p. 1677, � 3, effective May 31. L. 97: (1.5), (2)(c), and (4)(e)(VI) added and (4)(a)(III), (4)(a)(V), (4)(a)(VI), (4)(e)(IV), (4)(e)(V), (4)(f)(II), and (4)(f)(III) amended, p. 1407, �� 4, 5, 6, effective July 1. L. 98: (4) amended, p. 218, � 1, effective April 10. L. 2002: (2)(a) amended, p. 962, � 3, effective June 1; (4)(h) and (5) added, pp. 1260, 1261, �� 19, 20, effective July 1. L. 2003: IP(4)(g) amended, p. 789, � 8, effective July 1. L. 2004: (4)(d)(I), (4)(d)(V), (4)(g), and (4)(h) amended and (4)(i), (4)(j), (4)(k), and (6) added, pp. 110, 111, �� 1, 2, effective March 17; (2)(b)(II) amended, p. 720, � 9, effective July 1. L. 2009: (3)(a) and (4) amended, (HB 09-1229), ch. 167, p. 734, � 1, effective April 22. L. 2010: (2)(a) amended, (SB 10-003), ch. 391, p. 1859, � 41, effective June 9. L. 2011: IP(4)(h) and (6)(b) amended, (SB 11-265), ch. 292, p. 1366, � 18, effective August 10. L. 2012: (4)(g) and (6)(a) amended, (HB 12-1080), ch. 189, p. 758, � 13, effective May 19; IP(4)(i) and (6)(c) amended, (SB 12-148), ch. 125, p. 425, � 9, effective July 1; IP(4)(j) and (6)(d) amended, (HB 12-1331), ch. 254, p. 1269, � 11, effective August 1. L. 2019: IP(4), IP(4)(j), IP(6), and (6)(d) amended, (HB 19-1178), ch. 400, p. 3545, � 11, effective July 1. L. 2022: (7) added, (HB 22-1400), ch. 414, p. 2923, � 2, effective June 7.

Cross references: For the legislative declaration contained in the 2002 act

enacting subsections (4)(h) and (5), see section 1 of chapter 303, Session Laws of Colorado 2002. For the legislative declaration contained in the 2004 act amending subsection (2)(b)(II), see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration in the 2010 act amending subsection (2)(a), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in the 2011 act amending the introductory portion to subsection (4)(h) and subsection (6)(b), see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending the introductory portion to subsection (4)(i) and subsection (6)(c), see section 1 of chapter 125, Session Laws of Colorado 2012. For the legislative declaration in HB 22-1400, see section 1 of chapter 414, Session Laws of Colorado 2022.

C.R.S. § 23-5-102

23-5-102. Funding for auxiliary facilities - institutions of higher education - loans - bonds. (1) For the purpose of obtaining funds for constructing, otherwise acquiring, and equipping auxiliary facilities for the use of students and employees at any state educational institution or any branch thereof or facilities for use by any institution or group of institutions that is designated as an enterprise pursuant to section 23-5-101.7 and for the acquisition of land for such purposes, the governing board of any state educational institution is authorized, after notification to the commission on higher education, to enter into contracts with any person, corporation, or state or federal government agency for the advancement of money for such purposes and providing for the repayment of such advancements with interest at a specified net effective interest rate.

(2)  The governing board of any institution of higher education by resolution

may issue revenue bonds on behalf of any auxiliary facility or group of auxiliary facilities or on behalf of any institution or group of institutions managed by such governing board for the purpose of obtaining funds for constructing, otherwise acquiring, equipping, or operating such auxiliary facility or group of auxiliary facilities or for facilities for such institution or group of institutions. Any bonds issued on behalf of any auxiliary facility or group of auxiliary facilities, other than housing facilities, dining facilities, recreational facilities, health facilities, parking facilities, alternative or renewable energy producing facilities including but not limited to, solar, wind, biomass, geothermal, or hydroelectric facilities, research facilities that are funded from a revolving fund, or designated enterprise auxiliary facilities listed in section 23-5-101.5 (4) may be issued only after approval by both houses of the general assembly either by bill or by joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution. The governing board of an institution or group of institutions that issues bonds on behalf of the institution or group of institutions, which is designated as an enterprise pursuant to section 23-5-101.7, shall file notice of such issuance with the Colorado commission on higher education. Bonds issued pursuant to this subsection (2) shall be payable only from revenues generated by the auxiliary facility or group of auxiliary facilities or by the institution or group of institutions on behalf of which such bonds are issued; except that, subject to section 23-5-119.5 (5)(a)(III) and (5)(b)(II), revenues generated by a designated enterprise that is associated with the university of Colorado may be pledged for the repayment of bonds issued by another designated enterprise auxiliary facility that is not part of the same enterprise. Such bonds shall be issued in accordance with the provisions of section 23-5-103 (2). The termination, rescission, or expiration of the enterprise designation of any auxiliary facility or group of auxiliary facilities pursuant to section 23-5-101.5 (3) or of any institution or group of institutions shall not adversely affect the validity of or security for any revenue bonds issued on behalf of any auxiliary facility or group of auxiliary facilities or on behalf of any institution or group of institutions.

Source: L. 53: p. 554, � 1. CRS 53: � 124-1-6. L. 61: p. 710, � 1. C.R.S. 1963: �

124-1-4. L. 67: p. 201, � 1. L. 70: p. 345, � 1. L. 93: Entire section amended, p. 1822, � 2, effective June 6. L. 94: (2) amended, p. 1678, � 4, effective May 31. L. 97: (2) amended, p. 1405, � 2, effective July 1. L. 2004: Entire section amended, p. 721, � 10, effective July 1. L. 2010: (2) amended, (SB 10-003), ch. 391, p. 1860, � 42, effective June 9. L. 2011: (2) amended, (HB 11-1301), ch. 297, p. 1418, � 8, effective August 10.

Cross references: For the legislative declaration contained in the 2004 act

amending this section, see section 1 of chapter 215, Session Laws of Colorado 2004. For the legislative declaration in the 2010 act amending subsection (2), see section 1 of chapter 391, Session Laws of Colorado 2010.

C.R.S. § 24-1-122

24-1-122. Department of regulatory agencies - creation. (1) There is hereby created a department of regulatory agencies, the head of which shall be the executive director of the department of regulatory agencies, which office is hereby created. The executive director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The reappointment of an executive director after initial election of a governor shall be subject to the provisions of section 24-20-109.

(1.1)  Repealed.


(2)  The department of regulatory agencies consists of the following

divisions:

(a)  The public utilities commission, created in article 2 of title 40. The public

utilities commission is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies as a division thereof. The director of the commission serves as the division director.

(a.5)  The office of the utility consumer advocate and the utility consumers'

board, created in article 6.5 of title 40. The office of the utility consumer advocate is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies as a division of the department. The utility consumers' board is a type 2 entity, as defined in section 24-1-105. The utility consumers' board exercises its powers and performs its duties and functions under the department and is allocated to the office of the utility consumer advocate.

(b) (I)  The division of insurance, created in section 10-1-103, the head of which

is the commissioner of insurance. The division of insurance is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.

(II)  The workers' compensation classification appeals board, created in

section 8-55-101 (1). The workers' compensation classification appeals board is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the division of insurance.

(c)  The division of financial services, the head of which is the state

commissioner of financial services. The financial services board, created in section 11-44-101.6, is a type 1 entity, as defined in section 24-1-105. The financial services board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of financial services. The office of state commissioner of financial services and the division of financial services, created in article 44 of title 11, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.

(d)  The division of banking, the head of which is the state bank commissioner.

The banking board, created in article 102 of title 11 is a type 1 entity, as defined in section 24-1-105. The banking board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of banking.

(e)  The division of securities, the head of which is the commissioner of

securities. The securities board, created in section 11-51-702.5, is a type 1 entity, as defined in section 24-1-105. The securities board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of securities. The division of securities, and the office of commissioner of securities, created in article 51 of title 11, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.

(f)  Repealed.


(g)  The division of professions and occupations, the head of which is the

director of professions and occupations, which office is hereby created. The division of professions and occupations is a type 2 entity, as defined in section 24-1-105.

(h)  The Colorado civil rights division, the head of which is the director of the

Colorado civil rights division, and the Colorado civil rights commission. The Colorado civil rights commission, the Colorado civil rights division, and the office of director of the Colorado civil rights division, created in part 3 of article 34 of this title 24, are type 1 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies.

(i) and (j)  Repealed.


(k) (I)  The division of real estate, the head of which is the director of the

division, and the real estate commission. The division of real estate and the director of the division, created in part 2 of article 10 of title 12, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies. The real estate commission, created in part 2 of article 10 of title 12, is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.

(II)  The division of real estate includes the board of real estate appraisers,

created in part 6 of article 10 of title 12. The board of real estate appraisers is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies. The division of real estate also includes the board of mortgage loan originators, created in section 12-10-703. The board of mortgage loan originators is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of regulatory agencies.

(l)  The division of conservation, the head of which is the director of the

division, and the conservation easement oversight commission. The division of conservation and the director of the division, created in article 15 of title 12, are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department of regulatory agencies. The conservation easement oversight commission, created in section 12-15-103, is a type 2 entity, as defined in section 24-1-105. The conservation easement oversight commission exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of conservation.

(3)  The following boards and agencies in the department of regulatory

agencies are allocated to the division of professions and occupations and are type 1 entities, as defined in section 24-1-105:

(a)  Repealed.


(b)  State board of accountancy, created by article 100 of title 12;


(c)  (Deleted by amendment, L. 2006, p. 742, � 10, effective July 1, 2006.)


(d) to (g)  Repealed.


(h)  Colorado state board of chiropractic examiners, created by article 215 of

title 12;

(i) and (j)  Repealed.


(k)  Colorado dental board, created in article 220 of title 12;


(l)  Repealed.


(m) (I)  Colorado medical board, created by article 240 of title 12;


(II)  Colorado podiatry board, created by article 290 of title 12;


(n) and (o)  Repealed.


(p)  State board of optometry, created by article 275 of title 12;


(q)  Passenger tramway safety board, created by article 150 of title 12;


(r)  State board of pharmacy, created by part 1 of article 280 of title 12;


(s) and (t)  Repealed.


(u)  State board of licensure for architects, professional engineers, and

professional land surveyors, created by section 12-120-103;

(v)  Colorado state board of psychologist examiners, created by part 3 of

article 245 of title 12;

(w) and (x)  Repealed.


(y)  State board of veterinary medicine, created by article 315 of title 12;


(z)  Board of examiners of nursing home administrators, created by article

265 of title 12;

(aa)  State plumbing board, created by article 155 of title 12;


(bb) to (ee)  Repealed.


(ff)  State electrical board, created by article 115 of title 12;


(gg)  State board of nursing, created by article 255 of title 12;


(hh)  Repealed.


(ii)  State board of social work examiners, created by part 4 of article 245 of

title 12;

(jj)  State board of marriage and family therapist examiners, created by part 5

of article 245 of title 12;

(kk)  State board of licensed professional counselor examiners, created by

part 6 of article 245 of title 12;

(ll)  State board of unlicensed psychotherapists, created by part 7 of article

245 of title 12;

(mm)  State board of addiction counselor examiners, created by part 8 of

article 245 of title 12.

(nn)  The state physical therapy board, created in part 1 of article 285 of title

12.

(4)  The following boards and agencies in the department of regulatory

agencies are allocated to the division of professions and occupations and are type 2 entities, as defined in section 24-1-105:

(a) to (e)  Repealed.


(f)  The office of combative sports, created in section 12-110-105, and the

Colorado combative sports commission, created in section 12-110-106.

(5)  Repealed.


(6) (a)  The Colorado prescription drug affordability review board created in

section 10-16-1402 is a type 1 entity, as defined in section 24-1-105. The Colorado prescription drug affordability review board exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance.

(b)  The Colorado prescription drug affordability advisory council created in

section 10-16-1409 is a type 2 entity, as defined in section 24-1-105. The Colorado prescription drug affordability advisory council exercises its powers and performs its duties and functions under the department of regulatory agencies and is allocated to the division of insurance.

Source: L. 68: p. 85, � 22. L. 69: p. 838, � 3. C.R.S. 1963: � 3-28-22. L. 70: p.

424, � 13. L. 71: p. 105, � 12. L. 72: p. 143, � 2. L. 73: pp. 935, 1038, 1065, �� 26, 2, 2. L. 74: (3)(ff) added, p. 276, � 1, effective July 1. L. 75: IP(3) amended and (3)(dd) added, p. 443, �� 4, 5, effective April 15; IP(3) amended, (3)(dd) repealed, and (4) added, pp. 542, 543, �� 2, 3, effective July 1; (3)(ee) added, p. 553, � 2, effective July 1; (4) added, p. 487, � 2, effective July 1. L. 76: (3)(g) repealed, p. 400, � 11, effective April 3; (3)(ee) repealed and (4)(d) added, p. 305, �� 40, 41, effective May 20; (3)(f) repealed, p. 416, � 13, effective July 1; (3)(l) repealed, p. 429, � 1, effective July 1, 1977. L. 77: (2)(j) added, p. 718, � 3, effective July 1; (3)(d) repealed, p. 626, � 1, effective July 1; (3)(e) R&RE and (3)(j) repealed, p. 623, �� 2, 4, effective July 1; (3)(i) repealed, p. 633, � 8, effective July 1. L. 78: (2)(b) amended, p. 284, � 2, effective July 1; (2)(i) amended and (3)(x) repealed, pp. 265, 266, �� 62, 63, effective May 23; (3)(bb) amended, p. 315, � 3, effective July 1; (3)(cc) repealed, p. 266, � 64, effective July 1; (3)(ff) added and (4)(a) repealed, pp. 325, 326, �� 15, 17, effective July 1. L. 79: (2)(h) amended, p. 922, � 1, effective July 1; (2)(k) added, p. 567, � 1, effective July 1; (2)(k) added and (3)(w) repealed, �� 7, 9, pp. 571, 572, effective July 1; (2)(j) repealed, p. 553, � 1, effective March 1, 1980. L. 80: (5) added, p. 592, � 2, effective May 1; (3)(m) amended, p. 795, � 51, effective June 5; (3)(o) and (3)(t) repealed, p. 495, � 5, effective July 1; (3)(gg) added, p. 495, � 3, effective July 1. L. 81: (1.1) added, p. 1192, � 2, effective July 1; (3)(hh) added and (4)(c) repealed, p. 825, �� 25, 27, effective July 1. L. 82: (2)(i) repealed, p. 624, � 23, effective April 2. L. 83: (3)(n) repealed, p. 575, � 10, effective April 22; (3)(a) repealed, p. 513, � 4, effective May 16; (4)(e) added, p. 580, � 2, effective July 1; (3)(bb) repealed, p. 2049, � 11, effective October 14. L. 85: (2)(b) amended, p. 382, � 4, effective April 17; (2)(f) amended, p. 553, � 6, effective July 1. L. 86: (4)(d) repealed, p. 447, � 6, effective April 17. L. 88: (2)(d) amended, p. 417, � 7, effective April 11; (3)(v) amended, (3)(ii), (3)(jj), (3)(kk), and (3)(ll) added, and (4)(b) repealed, pp. 567, 569, �� 2, 9, effective July 1; (4)(e) repealed, p. 582, � 3, effective July 1. L. 89: (2)(a) amended, p. 1524, � 1, effective April 12; (2)(c) and (3)(hh) amended, pp. 621, 728, �� 16, 32, effective July 1. L. 90: (2)(k) amended, p. 846, � 3, effective July 1. L. 93: (2)(c) amended , p. 1455, � 19, effective June 6; (2)(f) repealed, p. 1784, � 54, effective June 6; (2)(a.5) added, p. 974, � 2, effective July 1; (2)(f) repealed, p. 1033, � 16, effective July 1; (2)(f) repealed, p. 1237, � 7, effective July 1. L. 94: (3)(hh) repealed, p. 705, � 8, effective April 19; (2)(e) amended, p. 1848, � 16, effective July 1. L. 96: (2)(b) amended, p. 1144, � 3, effective October 1. L. 97: (1.1) repealed, p. 523, � 2, effective July 1. L. 2000: (3)(e) repealed, p. 2025, � 31, effective July 1. L. 2003: (2)(a) amended, p. 1704, � 16, effective May 14; (2)(d) amended, p. 1210, � 20, effective July 1. L. 2004: (3)(u) amended, p. 1310, � 54, effective May 28. L. 2006: (3)(c) and (3)(u) amended, p. 742, � 10, effective July 1. L. 2010: (3)(m)(I) amended, (HB 10-1260), ch. 403, p. 1988, � 81, effective July 1; (2)(k) amended, (HB 10-1141), ch. 280, p. 1299, � 29, effective August 11. L. 2011: (3)(p) amended, (SB 11-094), ch. 129, p. 452, � 32, effective April 22; (3)(ll) amended and (3)(mm) added, (SB 11-187), ch. 285, p. 1328, � 72, effective July 1. L. 2012: (3)(r) amended, (HB 12-1311), ch. 281, p. 1627, � 68, effective July 1. L. 2014: (3)(k) amended, (HB 14-1227), ch. 363, p. 1738, � 46, effective July 1. L. 2016: IP(3) amended, (SB 16-189), ch. 210, p. 765, � 45, effective June 6. L. 2018: (2)(l) added, (HB 18-1291), ch. 273, p. 1693, � 8, effective May 29. L. 2019: (2)(k), (2)(l), (3)(b), (3)(h), (3)(k), (3)(m), (3)(p), (3)(q), (3)(r), (3)(u), (3)(v), (3)(y), (3)(z), (3)(aa), (3)(ff), (3)(gg), and (3)(ii) to (3)(mm) amended, (HB 19-1172), ch. 136, p. 1685, � 124, effective October 1. L. 2020: (3)(ll) amended, (HB 20-1206), ch. 304, p. 1551, � 66, effective July 14. L. 2021: (6) added, (SB 21-175), ch. 240, p. 1276, � 3, effective June 16; IP(2) and (2)(a.5) amended, (SB 21-103), ch. 477, p. 3413, � 10, effective September 1. L. 2022: (2)(a), (2)(a.5), (2)(b), (2)(c), (2)(d), (2)(e), (2)(g), (2)(h), (2)(k), (2)(l), IP(3), IP(4), and (6) amended and (3)(nn) and (4)(f) added, (SB 22-162), ch. 469, p. 3386, � 99, effective August 10.

Editor's note: (1)  Section 4 of chapter 131, Session Laws of Colorado 1975,

provides that the act enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 16, 1975.

(2)  Section 5 of chapter 142, Session Laws of Colorado 1975, provides that

the act amending the introductory portion to subsection (3), repealing subsection (3)(dd), and enacting subsection (4) is effective July 1, 1975, but the governor did not approve the act until July 25, 1975.

(3)  Amendments to subsection (2)(k) by Senate Bill 79-242 and House Bill

79-1231 were harmonized.

(4)  Subsection (5)(b) provided for the repeal of subsection (5), effective July

1, 1981. (See L. 80, p. 592.)

Cross references: (1)   For the creation of the office of commissioner of

insurance, see � 10-1-104.

(2)  For the legislative declaration in SB 21-175, see section 1 of chapter 240,

Session Laws of Colorado 2021.

(3)  For the short title (the Debbie Haskins 'Administrative Organization Act

of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

C.R.S. § 24-10-106

24-10-106. Immunity and partial waiver. (1) A public entity is immune from liability in all claims for injury that lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant except as provided otherwise in this section. Sovereign immunity is waived by a public entity in an action for injuries resulting from:

(a)  The operation of a motor vehicle, owned or leased by such public entity,

by a public employee while in the course of employment, except emergency vehicles operating within the provisions of section 42-4-108 (2) and (3), C.R.S.;

(b)  The operation of any public hospital, correctional facility, as defined in

section 17-1-102, C.R.S., or jail by such public entity;

(c)  A dangerous condition of any public building;


(d) (I)  A dangerous condition of a public highway, road, or street which

physically interferes with the movement of traffic on the paved portion, if paved, or on the portion customarily used for travel by motor vehicles, if unpaved, of any public highway, road, street, or sidewalk within the corporate limits of any municipality, or of any highway which is a part of the federal interstate highway system or the federal primary highway system, or of any highway which is a part of the federal secondary highway system, or of any highway which is a part of the state highway system on that portion of such highway, road, street, or sidewalk which was designed and intended for public travel or parking thereon. As used in this section, the phrase physically interferes with the movement of traffic shall not include traffic signs, signals, or markings, or the lack thereof. Nothing in this subparagraph (I) shall preclude a particular dangerous accumulation of snow, ice, sand, or gravel from being found to constitute a dangerous condition in the surface of a public roadway when the entity fails to use existing means available to it for removal or mitigation of such accumulation and when the public entity had actual notice through the proper public official responsible for the roadway and had a reasonable time to act.

(II)  A dangerous condition caused by the failure to realign a stop sign or yield

sign which was turned, without authorization of the public entity, in a manner which reassigned the right-of-way upon intersecting public highways, roads, or streets, or the failure to repair a traffic control signal on which conflicting directions are displayed;

(III)  A dangerous condition caused by an accumulation of snow and ice which

physically interferes with public access on walks leading to a public building open for public business when a public entity fails to use existing means available to it for removal or mitigation of such accumulation and when the public entity had actual notice of such condition and a reasonable time to act.

(e)  A dangerous condition of any public hospital, jail, public facility located in

any park or recreation area maintained by a public entity, or public water, gas, sanitation, electrical, power, or swimming facility. Nothing in this paragraph (e) or in paragraph (d) of this subsection (1) shall be construed to prevent a public entity from asserting sovereign immunity for an injury caused by the natural condition of any unimproved property, whether or not such property is located in a park or recreation area or on a highway, road, or street right-of-way.

(f)  The operation and maintenance of any public water facility, gas facility,

sanitation facility, electrical facility, power facility, or swimming facility by such public entity;

(g)  The operation and maintenance of a qualified state capital asset that is

the subject of a leveraged leasing agreement pursuant to the provisions of part 10 of article 82 of this title;

(h)  Failure to perform an education employment required background check

as described in section 13-80-103.9, C.R.S.;

(i)  An action brought pursuant to section 13-21-128;


(j)  An action brought pursuant to part 12 of article 20 of title 13, whether the

conduct alleged occurred before, on, or after January 1, 2022; or

(k)  An action brought pursuant to section 24-34-806 (4).


(1.5) (a)  The waiver of sovereign immunity created in paragraphs (b) and (e) of

subsection (1) of this section does not apply to claimants who have been convicted of a crime and incarcerated in a correctional facility or jail pursuant to such conviction, and such correctional facility or jail shall be immune from liability as set forth in subsection (1) of this section.

(b)  The waiver of sovereign immunity created in paragraphs (b) and (e) of

subsection (1) of this section does apply to claimants who are incarcerated but not yet convicted of the crime for which such claimants are being incarcerated if such claimants can show injury due to negligence.

(c)  The waiver of sovereign immunity created in paragraph (e) of subsection

(1) of this section does not apply to any backcountry landing facility located in whole or in part within any park or recreation area maintained by a public entity. For purposes of this paragraph (c), backcountry landing facility means any area of land or water that is unpaved, unlighted, and in a primitive condition and is used or intended for the landing and takeoff of aircraft, and includes any land or water appurtenant to such area.

(2)  Nothing in this section or in section 24-10-104 shall be construed to

constitute a waiver of sovereign immunity where the injury arises from the act, or failure to act, of a public employee where the act is the type of act for which the public employee would be or heretofore has been personally immune from liability.

(3)  In addition to the immunity provided in subsection (1) of this section, a

public entity shall also have the same immunity as a public employee for any act or failure to act for which a public employee would be or heretofore has been personally immune from liability.

(4)  No rule of law imposing absolute or strict liability shall be applied in any

action against a public entity or a public employee for an injury resulting from a dangerous condition of, or the operation and maintenance of, a public water facility or public sanitation facility. No liability shall be imposed in any such action unless negligence is proven.

(5)  The immunity from liability granted in subsection (1) of this section shall

not apply to the university of Colorado hospital authority except for any hospital, clinic, surgery center, department, or other facility owned or operated by the authority that is located on the Anschutz medical campus or that is a facility operating under the hospital license issued to the university hospital pursuant to part 1 of article 3 of title 25, including off-campus locations. The Health Care Availability Act, article 64 of title 13, is applicable to health-care institutions as defined in section 13-64-202 (3) that are not immune from liability under this section because of this section.

(6)  Notwithstanding any other provision of law, nothing in subsections (4) or

(5) of this section shall be construed to grant any additional immunity from liability beyond that which is otherwise provided in this article 10.

Source: L. 71: p. 1206, � 1. C.R.S. 1963: � 130-11-6. L. 79: (1)(b) amended, p.

702, � 76, effective June 21. L. 86: IP(1), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended and (3) added, p. 875, � 5, effective July 1. L. 87: (4) added, p. 931, � 1, effective May 13. L. 92: (1)(d) amended, p. 1116, � 2, effective July 1. L. 94: (1.5) added, p. 2087, � 1, effective July 1; (1)(a) amended, p. 2556, � 53, effective January 1, 1995. L. 2002: (1.5)(c) added, p. 63, � 1, effective March 22. L. 2004: (1)(g) added, p. 1056, � 1, effective May 21. L. 2008: (1)(h) added, p. 2226, � 4, effective June 5. L. 2015: (1)(i) added, (HB 15-1290), ch. 212, p. 776, � 3, effective May 20, 2016. L. 2020: (5) and (6) added, (HB 20-1330), ch. 230, p. 1119, � 2, effective September 14. L. 2021: (1)(i) amended and (1)(j) added, (SB 21-088), ch. 442, p. 2927, � 3, effective January 1, 2022. L. 2024: IP(1), (1)(i), and (1)(j) amended and (1)(k) added, (HB 24-1342), ch. 477, p. 3344, � 2, effective January 1, 2025.

Cross references: For the legislative declaration in SB 21-088, see section 1

of chapter 442, Session Laws of Colorado 2021.

C.R.S. § 24-101-105

24-101-105. Application of this code. (1) (a) This code applies to all publicly funded contracts entered into by all governmental bodies of the executive branch of this state; except that this code does not apply to:

(I)  Bridge and highway construction or to contracts for unsolicited or

comparable proposals for public-private initiatives under section 43-1-1203;

(II)  Contracts between the state and its political subdivisions or other

governments, except as provided in article 110 of this title 24;

(II.5)  Grants;


(III)  Public printing, as defined in section 24-70-201, except for the provisions

of article 109 of this title 24;

(IV)  Professional services, as defined in section 24-30-1402;


(V)  The Colorado state fair authority created pursuant to section 35-65-401

(1);

(VI)  The state board of land commissioners in connection with contract

expenditures from the state board of land commissioners investment and development fund created in section 36-1-153 (1), or the commercial real property operating fund created in section 36-1-153.7;

(VII)  Repealed.


(VIII)  Utilities, including water, electricity, and natural gas;


(IX)  Works of art for display, purchase, or performance;


(X)  Copyrighted materials such as books, periodicals, collections, and

subscriptions;

(XI)  Conference facilities at hotels or other venues that include, but need not

to be limited to, meeting rooms, audio visual equipment, catering, and guest accommodation rooms;

(XII)  Client-based services including medical services or services where the

client has the right to choose the vendor;

(XIII)  Dues and memberships;


(XIV)  Annuities;


(XV)  Real property or interest in real property;


(XVI)  The habitat partnership program created in section 33-1-110 (8)(a);


(XVII)  The department of early childhood in soliciting and selecting entities

to serve as local coordinating organizations pursuant to section 26.5-2-103 and coordinating agreements entered into pursuant to section 26.5-2-105; or

(XVIII)  Public-private partnerships authorized by part 1 of article 94 of this

title 24.

(a.5)  If the procurement official or his or her designee determines that

reasonable competition exists in the procurement of a good or service that is exempt from the code pursuant to subsection (1)(a) of this section, the procurement official or his or her designee may require a competitive process.

(b)  The governing board of each institution of higher education, including the

Auraria higher education center established in article 70 of title 23, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be exempt from the provisions of this code and may enter into contracts independent of the terms specified in this code.

(c)  Repealed.


(d)  (Deleted by amendment, L. 2017.)


(e)  Upon the request to purchase items for resale to the public, the

procurement official may, by written determination, provide that this code shall not apply to items acquired for such resale.

(f)  Nothing in this code or in rules promulgated under this code shall prevent

any governmental body or political subdivision from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement.

(g)  Upon the request to enter into a revenue-producing contract, the

procurement official may, by written determination, provide that this code shall not apply to the revenue-producing contract. Governmental bodies shall maximize the return to the state when they are parties to revenue-producing contracts.

(2)  All political subdivisions and local public agencies of this state are

authorized to adopt all or any part of this code and its accompanying rules.

(3) and (4)  (Deleted by amendment, L. 2017.)


Source: L. 81: Entire article added, p. 1260, � 1, effective January 1, 1982. L.

95: (1) amended, p. 261, � 4, effective April 17; (3) added, p. 26, � 2, effective July 1. L. 96: (1) amended, p. 1532, � 96, effective June 1. L. 97: (4) added, p. 1285, � 27, effective July 1. L. 99: (1) amended, p. 294, � 3, effective April 14. L. 2003: (1) amended, p. 1587, � 1, effective May 2. L. 2004: (1) amended, p. 604, � 7, effective July 1; (3) amended, p. 271, � 3, effective August 4. L. 2005: (1) amended, p. 538, � 3, effective May 24. L. 2009: (1) amended, (SB 09-089), ch. 440, p. 2433, � 1, effective June 4. L. 2010: (1)(a)(VII) added, (SB 10-032), ch. 98, p. 338, � 3, effective April 15; (1)(c) repealed, (SB 10-111), ch. 170, p. 603, � 11, effective August 11. L. 2012: (1)(a)(VII) amended, (SB 12-096), ch. 59, p. 215, � 2, effective March 24; (1)(b) amended, (HB12-1081), ch. 210, p. 906, � 14. effective August 8. L. 2013: (1)(a)(VI) amended, (HB 13-1274), ch. 376, p. 2217, � 9, effective June 5. L. 2017: Entire section amended, (HB 17-1051), ch. 99, p. 299, � 3, effective August 9. L. 2022: (1)(a)(XIV) and (1)(a)(XV) amended and (1)(a)(XVIII) added, (SB 22-130), ch. 232, p. 1716, � 4, effective May 26; IP(1)(a), (1)(a)(XIV), and (1)(a)(XV) amended and (1)(a)(XVII) added, (HB 22-1295), ch. 123, p. 845, � 67, effective July 1; IP(1)(a), (1)(a)(XIV), and (1)(a)(XV) amended and (1)(a)(XVI) added, (HB 22-1072), ch. 116, p. 543, � 3, effective August 10.

Editor's note: (1)  Subsection (1)(a)(VII)(B) provided for the repeal of

subsection (1)(a)(VII), effective July 1, 2014. (See L. 2012, p. 215.)

(2)  Subsection (1)(a)(XV) was amended in SB 22-130 and HB 22-1295. Those

amendments were superseded by the amendment of subsection (1)(a)(XV) in HB 22-1072.

Cross references: (1)  For the legislative declaration contained in the 1995

act amending subsection (1), see section 1 of chapter 90, Session Laws of Colorado 1995.

(2)  For the legislative declaration in the 2010 act adding subsection (1)(a)(VII),

see section 1 of chapter 98, Session Laws of Colorado 2010.

C.R.S. § 24-103-904

24-103-904. Purchasing preference for environmentally preferable products - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Environmentally preferable products means products, including

products that do not contain intentionally added PFAS chemicals, that have a lesser or reduced adverse effect on human health and the environment when compared with competing products that serve the same purpose. The product comparison may consider such factors as the availability of any raw materials used in the product being purchased and the availability, use, production, safe operation, maintenance, packaging, distribution, disposal, or recyclability of the product being purchased.

(b)  Intentionally added PFAS chemicals has the meaning set forth in

section 25-15-603 (12).

(2)  All invitations for bids for products shall include language that describes

the availability of the purchasing preference for environmental products. In connection with the purchase of products, a governmental body shall award the contract to a bidder who offers environmentally preferable products subject to the conditions specified in subsection (3) of this section unless the specifications used in the solicitation contain environmentally preferable product criteria. This preference does not apply to the purchase of services, including construction services.

(3)  The preference specified in subsection (2) of this section shall apply only

if all of the following conditions are met and selecting an environmentally preferable product would not otherwise be disadvantageous to the state upon consideration of these conditions, singly or in combination:

(a)  The quality of the environmentally preferable products meets the

specification of the bid.

(b)  The environmentally preferable products are suitable for the use required

by the purchasing entity.

(c)  Any bidder able to offer environmentally preferable products is able to

supply such products in sufficient quantity, as indicated in the invitation for bids.

(d)  The bid price for environmentally preferable products does not exceed

the lowest bid price for products that are not environmentally preferable by more than five percent.

(e)  The head of the governmental body or other official charged by law with

the duty to purchase products has made a determination that the governmental body is able to purchase the environmentally preferable products out of the governmental body's existing budget without any further supplemental or additional appropriation.

(4)  If the bid price for environmentally preferable products exceeds the bid

price for products that are not environmentally preferable by more than five percent, a governmental body may award the contract to a bidder who offers environmentally preferable products where the governmental body demonstrates, on the basis of assessments such as the costs of ownership and a life-cycle analysis, that long-term savings to the state will result from environmentally preferable purchasing in accordance with the requirements of this section. Nothing in this section shall require that a governmental body perform an analysis of the costs of ownership or a life-cycle analysis in connection with the purchase of any products.

(5) (a)  Any bidder that seeks to qualify for the preference created by

subsection (2) of this section shall provide documentation to the governmental body inviting the bid that the products offered by the bidder are environmentally preferable. This requirement may be satisfied by submission of any of the following:

(I)  A life-cycle analysis conducted on the applicable product that has been

conducted in accordance with applicable standards as determined by the purchasing governmental body or by the international organization for standardization or any successor organization;

(II)  A reference to an existing environmentally preferable product list

maintained by a state or the federal government that contains the product; or

(III)  A reference to a nationally recognized third-party certification entity

that has certified the product as environmentally preferable on the basis of a valid life-cycle analysis. The governor's energy office or successor office shall maintain a list of certification entities.

(b)  The governmental body may rely in good faith on any form of

documentation that satisfies the requirement of subsection (5)(a) of this section.

(c)  Notwithstanding any other provision of this section, if none of the forms

of documentation specified in subsection (5)(a) of this section apply to the product being purchased, the requirements of this section shall not apply to the purchase of the product.

(6)  In connection with any cost of ownership analysis or life-cycle analysis

undertaken in connection with any purchase under this section of a product that involves the replacement of existing electrical, natural gas, or steam service, the cost analysis shall consider any stranded utility costs.

Source: L. 2017: Entire part added with relocated provisions, (HB 17-1051), ch.

99, p. 321, � 28, effective August 9. L. 2022: (1) amended, (HB 22-1345), ch. 338, p. 2433, � 2, effective June 3.

Editor's note: This section is similar to former � 24-103-207.5 as it existed

prior to 2017. For a detailed comparison of this section, see the comparative tables located in the back of the index.

C.R.S. § 24-21-401

24-21-401. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Board means the electronic recording technology board created in

section 24-21-402 (1).

(2)  Electronic means relating to technology having electrical, digital,

magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3)  Electronic filing system means the document management system

used by a clerk and recorder to comply with the statutory requirements set forth in part 4 of article 10 of title 30, C.R.S., for:

(a)  Electronic documents received for recording or filing in the clerk and

recorder's office; and

(b)  Paper documents received for recording or filing in the clerk and

recorder's office that are converted from paper, microfilm, or microfiche into an electronic format.

(4)  Fund means the electronic recording technology fund created in

section 24-21-404 (1).

Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1478, � 3, effective

June 10.

C.R.S. § 24-21-502

24-21-502. Definitions. In this part 5:

(1)  Acknowledgment means a declaration by an individual before a notarial

officer that the individual has signed a record for the purpose stated in the record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.

(1.3)  Audio-video communication means communication by which an

individual is able to see, hear, and communicate with a remotely located individual in real time using electronic means.

(1.7)  Credential means a tangible record evidencing the identity of an

individual.

(2)  Electronic means relating to technology having electrical, digital,

magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3)  Electronic record means a record containing information that is

created, generated, sent, communicated, received, or stored by electronic means.

(4)  Electronic signature means an electronic symbol, sound, or process

attached to or logically associated with an electronic record and executed or adopted by an individual with the intent to sign the electronic record.

(5)  In a representative capacity means acting as:


(a)  An authorized officer, agent, partner, trustee, or other representative for

a person other than an individual;

(b)  A public officer, personal representative, guardian, or other

representative, in the capacity stated in a record;

(c)  An agent or attorney-in-fact for a principal; or


(d)  An authorized representative of another in any other capacity.


(5.5)  Interpreter means an individual who provides interpreter services

when a notarial officer and an individual executing a record do not communicate in the same language.

(6)  Notarial act means an act, whether performed with respect to a

tangible or electronic record, that a notarial officer may perform under the law of this state. The term includes taking an acknowledgment, administering an oath or affirmation, taking a deposition or other sworn testimony, taking a verification on oath or affirmation, witnessing or attesting a signature, certifying a copy, and noting a protest of a negotiable instrument.

(7)  Notarial officer means a notary public or other individual authorized to

perform a notarial act.

(8)  Notary public means an individual commissioned to perform a notarial

act by the secretary of state.

(9)  Official stamp means a physical image affixed to a tangible record or

an electronic image attached to or logically associated with an electronic record.

(10)  Person means an individual, corporation, business trust, statutory

trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(10.5)  Real-time or in real time means, with respect to an interaction

between individuals by means of audio-video communication, that the individuals can see and hear each other substantially simultaneously and without interruption or disconnection. Delays of a few seconds that are inherent in the method of communication do not prevent the interaction from being considered to have occurred in real time.

(11)  Record means information that is inscribed on a tangible medium or

that is stored in an electronic or other medium and is retrievable in perceivable form.

(11.3)  Remotely located individual means an individual who is not in the

physical presence of the notary public who performs a notarial act under this section.

(11.5)  Remote notarization means an electronic notarial act performed with

respect only to an electronic record by means of real-time audio-video communication in accordance with section 24-21-514.5 and rules adopted by the secretary of state.

(11.7)  Remote notarization system means an electronic device or process

that:

(a)  Allows a notary public and a remotely located individual to communicate

with each other simultaneously by sight and sound; and

(b)  When necessary and consistent with other applicable law, facilitates

communication with a remotely located individual who has a vision, hearing, or speech impairment.

(12)  Sign means, with present intent to authenticate or adopt a record:


(a)  To execute or adopt a tangible symbol; or


(b)  To attach to or logically associate with the record an electronic symbol,

sound, or process.

(13)  Signature means a tangible symbol or an electronic signature that

evidences the signing of a record.

(14)  Stamping device means:


(a)  A physical device capable of affixing to a tangible record an official

stamp; or

(b)  An electronic device or process capable of attaching to or logically

associating with an electronic record an official stamp.

(15)  State means a state of the United States, the District of Columbia,

Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(15.5)  Tamper-evident means the use of a set of applications, programs,

hardware, software, or other technologies that will display evidence of any changes made to an electronic record.

(16)  Verification on oath or affirmation means a declaration, made by an

individual on oath or affirmation before a notarial officer, that a statement in a record is true.

Source: L. 2017: Entire part added, (SB 17-132), ch. 207, p. 787, � 2, effective

July 1, 2018. L. 2020: (1.3), (1.7), (10.5), (11.3), (11.5), (11.7), and (15.5) added, (SB 20-096), ch. 130, p. 558, � 2, effective December 31. L. 2023: (5.5) added, (SB 23-153), ch. 212, p. 1098, � 1, effective September 1.

Cross references: For the legislative declaration in SB 20-096, see section 1

of chapter 130, Session Laws of Colorado 2020.

C.R.S. § 24-30-1104

24-30-1104. Functions of the department - definitions - rules. (1) Within the counties of Adams, Arapahoe, Boulder, Douglas, Pueblo, El Paso, and Jefferson, the city and county of Broomfield, and the city and county of Denver, and within any other areas in the state of Colorado where central services are offered, the department of personnel shall perform the following functions for the executive branch of the state of Colorado, its departments, institutions, and agencies, under the direction of the executive director:

(a)  Formulate, in consultation with state departments, institutions, and

agencies, recommendations for a strategic plan for approval of the executive director of the department of personnel and the governor no later than January 1 of 2005 and every five years thereafter;

(b)  Review all existing and future services, service applications, software

related to services, planning systems, personnel, equipment, and facilities and establish priorities for those that are necessary and desirable to accomplish the purposes of this part 11;

(c)  Establish procedures and standards for management of service functions

set forth in this part 11 for all state departments, institutions, and agencies;

(d)  Establish and maintain facilities as needed to carry out the duties set

forth in this part 11, including but not limited to those listed;

(e)  (Deleted by amendment, L. 2004, p. 306, � 3, effective August 4, 2004.)


(f)  Advise the governor and the general assembly on central services

matters;

(g)  Prepare and submit such reports as are required by this part 11 or which

the governor or the general assembly may request;

(h)  Approve or disapprove the acquisition of services, service equipment, and

software related to services by any state department, institution, or agency and approve, modify, or disapprove the staffing pattern for service operations by any state department, institution, or agency in accordance with the approved plan;

(i)  Continually study and assess service operations and needs of state

departments, institutions, and agencies;

(j)  Provide services, equipment, and facilities as required pursuant to this

part 11 for state departments, institutions, and agencies according to their needs;

(k)  Establish, in consultation with other state departments, institutions, and

agencies, techniques and standards for microfilm, digital imaging, and digital conversion and evidentiary certification of photographs, microphotographs, or reproductions;

(l)  Notify state agencies through written statements, which may include

electronic statements, prepared by the department of personnel that state agencies may obtain goods and services directly from the private sector, if the cost and quality of such goods or services offered by the private sector are competitive with those provided by the department of personnel;

(m)  Offer services to any state institution of higher education that chooses to

purchase such services. When an institution of higher education intends to purchase a service provided by the department, the institution shall include the department in any solicitation or vendor qualification process for the service. Whenever practicable, institutions of higher education shall seek partnerships with the department for the purpose of procuring services at a cost savings to the institution and the state.

(1.5)  The department of personnel shall establish a rule providing for a

waiver to a state agency of subsection (1) of this section when the state agency can procure the services described in this part 11 at a net cost savings to the state.

(2)  In addition to the county-specific functions set forth in subsection (1) of

this section, the department of personnel shall take such steps as are necessary to fully implement a central state motor vehicle fleet system by January 1, 1993. The provisions of the motor vehicle fleet system created pursuant to this subsection (2) apply to the executive branch of the state of Colorado, its departments, its institutions, and its agencies; except that the governing board of each institution of higher education, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, may elect to be exempt from the provisions of this subsection (2) and may obtain a motor vehicle fleet system independent of the state motor vehicle fleet system. Under the direction of the executive director, the department of personnel shall perform the following functions pertaining to the motor vehicle fleet system throughout the state:

(a)  Establish and operate a central state motor vehicle fleet system and such

subsidiary-related facilities as are necessary to provide for the efficient and economical use of state-owned motor vehicles by state officers and employees;

(b)  Establish and operate central facilities for the maintenance, repair, and

storage of state-owned passenger motor vehicles for the use of state agencies; utilize any available state facilities for that purpose; and enter into contracts with such facilities as are necessary to carry out the provisions of this part 11;

(c) (I)  Adopt uniform rules for motor vehicle acquisition, operation,

maintenance, repair, and disposal standards. Uniform rules adopted by the executive director of the department of personnel pertaining to acquisition of motor vehicles by lease or purchase shall provide that low energy consumption shall be a favorable factor in determining the low responsible bidder. The size of any passenger motor vehicle shall not be greater than necessary to accomplish its purpose.

(II)  By January 1, 2008, the executive director shall adopt a policy to

significantly increase the utilization of alternative fuels and that establishes increasing utilization objectives for each following year. To encourage compliance with this policy, the rules promulgated pursuant to this subsection (2)(c) may establish progressively more stringent percentage mileposts and, for fiscal years commencing after July 1, 2004, require the collection of data concerning the annual percentage of state-owned bi-fueled vehicles that were fueled exclusively with an alternative fuel. For the years commencing on January 1, 2008, and January 1, 2009, the executive director shall purchase flexible fuel vehicles or hybrid vehicles, subject to availability, unless the increased cost of such vehicle is more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle. Beginning on January 1, 2010, the executive director shall purchase motor vehicles that operate on compressed natural gas, plug-in hybrid electric vehicles, or vehicles that operate on other alternative fuels, subject to their availability and the availability of adequate fuel and fueling infrastructure, if either the increased base cost of such vehicle or the increased life-cycle cost of such vehicle is not more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle. The executive director shall adopt a policy to allow some vehicles to be exempted from this requirement. Notwithstanding section 24-1-136 (11)(a)(I), the executive director or the director's designee shall submit an annual report to the transportation committees of the senate and the house of representatives, or any successor committees, and the joint budget committee of the general assembly, detailing the items specified in subsection (2)(c)(V) of this section. As used in this subsection (2)(c)(II):

(A)  Flexible fuel vehicle means any dedicated flexible-fuel or dual-fuel

vehicle designed to operate on at least one alternative fuel.

(B)  Hybrid vehicle means a motor vehicle with a hybrid propulsion system

that uses an alternative fuel by operating on both an alternative fuel, including electricity, and a traditional fuel.

(III)  For purposes of this subsection (2)(c):


(A)  Alternative fuel means compressed natural gas, propane, ethanol, or

any mixture of ethanol containing eighty-five percent or more ethanol by volume with gasoline or other fuels, electricity, or any other fuels, which fuels may include, but are not limited to, clean diesel and reformulated gasoline so long as these other fuels make comparable reductions in carbon monoxide emissions and brown cloud pollutants as determined by the air quality control commission created in section 25-7-104. Alternative fuel does not include any fuel product, as defined in section 25-7-139 (3)(c), that contains or is treated with methyl tertiary butyl ether (MTBE).

(B)  Bi-fueled vehicle means a motor vehicle, which may be purchased to

comply with applicable federal requirements including, but not limited to, the federal Energy Policy Act of 1992, 42 U.S.C. sec. 13257, and 42 U.S.C. sec. 7587, that can operate on both an alternative fuel and a traditional fuel or that can operate alternately on a traditional fuel and an alternative fuel.

(C)  Biodiesel means fuel composed of mono-alkyl esters of long chain fatty

acids derived from plant or animal matter that meet ASTM specifications and that is produced in Colorado.

(D)  Life-cycle cost means the purchase cost of a vehicle minus the resale

value at the end of the vehicle's expected useful life, in addition to the fuel, operating, and maintenance costs incurred during the vehicle's expected useful life. Fuel costs per mile traveled shall be calculated based on the reference case projections published by the United States energy information administration for the expected useful life of the vehicle. The expected useful life of a vehicle shall be the standard that is set by the state fleet management program for analysis and life-cycle costing purposes.

(IV) (A)  By January 1, 2007, the director shall adopt a policy that all state-owned diesel vehicles and equipment shall be fueled with a fuel blend of twenty

percent biodiesel and eighty percent petroleum diesel, subject to availability and so long as the price is no greater than ten cents more per gallon than the price of diesel fuel. The director shall provide for the proper administration, implementation, and enforcement of the policy.

(B)  Repealed.


(V)  Notwithstanding section 24-1-136 (11)(a)(I), on or before November 1,

2013, and each November 1 thereafter, the executive director or the director's designee shall submit a report to the general assembly as specified in subsection (2)(c)(II) of this section. The report must include, but need not be limited to, the following:

(A)  The number of vehicles that the executive director or the director's

designee purchased since January 1, 2008, for the motor vehicle fleet system that operate on compressed natural gas and other alternative fuels;

(B)  An estimate of the number of dedicated petroleum fuel vehicles that the

executive director or the director's designee purchased for the motor vehicle fleet system since January 1, 2008, instead of a vehicle that operates on compressed natural gas or other alternative fuel because the base cost or life-cycle cost of the compressed natural gas vehicle or other alternative fuel vehicle was more than ten percent over the cost of a comparable dedicated petroleum fuel vehicle;

(C)  An explanation of the availability of adequate fuel and fueling

infrastructure in the state for compressed natural gas vehicles and other alternative fuel vehicles and whether limited availability of fuel or fueling infrastructure contributes to the purchase of dedicated petroleum fuel vehicles for the motor vehicle fleet system instead of vehicles that operate on compressed natural gas and other alternative fuels;

(D)  A summary of the policy that allows the executive director to exempt

some vehicles from the requirement to purchase vehicles that operate on compressed natural gas and the percentage of dedicated petroleum fuel vehicles that the director purchased pursuant to this exemption;

(E)  A summary of the administrative procedures or policies in place within

the department, if any, that are intended to facilitate the purchase of vehicles that operate on compressed natural gas and other alternative fuels;

(F)  The executive director's suggested changes to the requirements and

limitations of subparagraph (II) of this paragraph (c) or other state law that would facilitate the gradual conversion of the motor vehicle fleet system to vehicles that operate on compressed natural gas and other alternative fuels, allow the state to account for the benefit of reduced emissions from vehicles that operate on compressed natural gas and other alternative fuels in its analysis regarding the purchase of such vehicles, and enable the department to provide the best value to the state in the motor vehicle fleet system while purchasing vehicles that operate on compressed natural gas and other alternative fuels; and

(G)  A plan for putting in place the infrastructure necessary to support

vehicles in the state's motor vehicle fleet system that operate on compressed natural gas and other alternative fuels.

(d) (I)  Require that all state agencies transfer custody of certificates of title

to all state-owned motor vehicles that are owned by such agencies to the department of personnel for the purpose of compiling complete data on all motor vehicles owned by the state;

(II)  Require that all motor vehicles presently owned by state agencies be

entered into the state fleet management program. Per-mile costs for the program shall be determined by criteria established by the department of personnel.

(III)  (Deleted by amendment, L. 96, p. 1498, � 10, effective June 1, 1996.)


(IV)  Require that any department, institution, or agency of the executive

branch of the state that owns, operates, or controls vehicles that are not part of the central state motor vehicle fleet system provide the department of personnel with information requested by the department for the purpose of compiling complete data on all motor vehicles owned by the state.

(e)  Require that all vehicles purchased after July 1, 1992, shall be owned by

the department of personnel and leased and permanently assigned to state agencies. Purchases shall be based on specifications as requested by the state agency in cooperation and consultation with the department of personnel and the motor vehicle advisory council.

(f)  Maintain, store, repair, dispose of, and replace state-owned motor

vehicles under the control of the department of personnel. The department of personnel shall ensure that state-owned motor vehicles are not routinely replaced until they meet the replacement criteria relating to mileage, cost, safety, and other relevant factors established by the department.

(g)  Establish and maintain a centralized record-keeping system for the

acquisition, operation, maintenance, repair, and disposal of all motor vehicles in the fleet;

(h)  Assign suitable transportation, either on a temporary or permanent basis

to any state agency upon: Proper requisition; proper showing of need for use on authorized state business; or approved commuting as provided in section 24-30-1113;

(i)  Establish and maintain a record-keeping system for the assignment and

use of each vehicle in the motor fleet, which shall include:

(I)  Verification from the executive director of a state agency or the executive

director's designee that any employee driving a state vehicle has a valid driver's license;

(II)  A statement of the authorized state business or other approved purpose

for which the vehicle is assigned;

(III)  Any other information which the director determines is necessary to

carry out the purposes and provisions of this part 11;

(j)  (Deleted by amendment, L. 2004, p. 306, � 3, effective August 4, 2004.)


(k)  Allocate and charge against each state agency to which transportation is

furnished, on the basis of mileage or on the basis of the period of time for which each vehicle is assigned to the agency, its proportionate part of the cost of maintenance and operation of the motor vehicle fleet;

(l)  Enforce such rules and regulations as may be adopted by the director

pursuant to the provisions of this part 11;

(m)  Delegate or conditionally delegate to the respective heads of agencies

to which state-owned motor vehicles are permanently assigned such duties as may be designated by the director for the enforcement of all or part of the rules and regulations adopted by the department of personnel;

(n)  Require state agencies, officers, and employees to keep all records and

make all reports regarding state-owned motor vehicle use as provided in rules and regulations adopted by the department of personnel;

(o)  (Deleted by amendment, L. 2004, p. 306, � 3, effective August 4, 2004.)


(p)  Negotiate and enter into contracts for the purchase or lease of such

personal property as is deemed necessary to achieve the purposes and provisions of this part 11;

(q)  Adopt an annual operating budget;


(r)  Supervise and be responsible for the expenditure of moneys appropriated

to carry out the purposes and provisions of this part 11;

(s)  Exercise any other powers or perform any other duties that are

reasonably necessary for the fulfillment of the powers and duties assigned to the department of personnel pursuant to this part 11; and

(t)  Require that the federal environmental protection agency mile-per-gallon

rating for all motor vehicles purchased for the state-owned motor vehicle fleet on or after January 1, 2007, meet or exceed the average fuel efficiency standards as established pursuant to the federal Energy Policy and Conservation Act, 15 U.S.C. sec. 2001, et seq., recodified as 49 U.S.C. sec. 32901 et seq.

(3)  Repealed.


(4)  In addition to any other duties imposed by this section, the department of

personnel shall establish and maintain a program for parking permits and building and grounds maintenance for the state capitol buildings group pursuant to part 1 of article 82 of this title.

Source: L. 77: Entire part added, p. 1178, � 3, effective June 20. L. 91: (1)(a)

amended and (1)(l) added, p. 863, � 2, effective April 20. L. 92: (2) added, p. 1000, � 2, effective July 1. L. 93: (2)(i)(I) amended, p. 351, � 1, effective April 12; (3) added, p. 1829, � 1, effective July 1. L. 95: (2)(d)(III)(A) amended, p. 1104, � 38, effective May 31; IP(1), (1)(a), and (2) amended, p. 647, � 47, effective July 1. L. 96: IP(1), (1)(a), (1)(c) to (1)(f), (1)(j), IP(2), (2)(c) to (2)(f), (2)(m), (2)(n), (2)(s), and (3) amended, p. 1498, � 10, effective June 1. L. 2003: (3) amended, p. 984, � 1, effective April 17; (2)(c) amended, p. 1236, � 4, effective September 1. L. 2004: IP(2) amended, p. 602, � 1, effective July 1; (1)(a), (1)(b), (1)(e), (1)(h), (1)(k), (1)(l), (2)(d)(II), (2)(f), (2)(h), (2)(j), and (2)(o) amended and (4) added, p. 306, � 3, effective August 4. L. 2006: IP(2) and (2)(c)(III) amended and (2)(c)(IV) added, p. 152, � 1, effective July 1; (2)(d)(IV) and (2)(t) added, pp. 1071, 1072, �� 2, 3, effective August 7. L. 2007: (2)(c)(II) amended, p.1758, � 1, effective June 1; (2)(t) amended, p. 2033, � 49, effective June 1. L. 2009: (2)(c)(II)(B) amended, (HB 09-1331), ch. 416, p. 2309, � 10, effective June 4; IP(1) amended, (HB 09-1150), ch. 309, p. 1666, � 3, effective August 5; IP(2)(c)(II) amended, (SB 09-092), ch. 142, p. 604, � 1, effective August 5. L. 2010: (1)(m) and (1.5) added, (HB 10-1181), ch. 351, p. 1621, �� 4, 5, effective June 7. L. 2013: IP(2)(c)(II) amended and (2)(c)(III)(D) and (2)(c)(V) added, (SB 13-070), ch. 142, p. 459, � 1, effective April 26. L. 2017: IP(2), IP(2)(c)(II), and IP(2)(c)(V) amended, (HB 17-1058), ch. 18, p. 58, � 4, effective March 8. L. 2018: (1)(l) amended, (HB 18-1375), ch. 274, p. 1706, � 39, effective May 29. L. 2020: IP(2)(c)(III) and (2)(c)(III)(A) amended, (HB 20-1167), ch. 56, p. 191, � 1, effective September 14.

Editor's note: (1)  Amendments to subsection (2) by House Bill 95-1362 and

House Bill 95-1212 were harmonized.

(2)  Subsection (3)(b) provided for the repeal of subsection (3), effective July

1, 2004. (See L. 96, p. 1498.)

(3)  Section 5 of chapter 235, Session Laws of Colorado 2006, provides that

the act enacting subsections (2)(d)(IV) and (2)(t) applies to all motor vehicles owned by the executive branch of the state, including its departments, institutions, and agencies before August 7, 2006, and to all motor vehicles purchased by the state, including its departments, institutions, and agencies on or after August 7, 2006.

(4)  Subsection (2)(c)(IV)(B) provided for its repeal, effective January 1, 2009.

(See L. 2006, p. 152.)

Cross references: (1)  For the legislative declaration contained in the 1995

act amending the introductory portion to subsection (1) and subsections (1)(a) and (2), see section 112 of chapter 167, Session Laws of Colorado 1995.

(2)  For the definition of ASTM, see � 8-20-201 (1.2).

C.R.S. § 24-30-1301

24-30-1301. Definitions. As used in this part 13, unless the context otherwise requires:

(1) (a)  Capital asset means:


(I)  Real property;


(II)  Fixed equipment;


(III)  Movable equipment; or


(IV)  Instructional or scientific equipment with a cost that exceeds fifty

thousand dollars; except that capital asset does not include instructional or scientific equipment purchased by a state institution of higher education if the institution uses moneys other than those appropriated pursuant to section 24-75-303. Instructional or scientific equipment does not include information technology.

(b)  Capital asset does not mean information technology. All information

technology budget requests must be presented as set forth in section 2-3-1704 (11), C.R.S.

(2)  Capital construction means:


(a)  Acquisition of a capital asset or disposition of real property;


(b)  Construction, demolition, remodeling, or renovation of real property

necessitated by changes in the program, to meet standards required by applicable codes, to correct other conditions hazardous to the health and safety of persons which are not covered by codes, to effect conservation of energy resources, to effect cost savings for staffing, operations, or maintenance of the facility, or to improve appearance;

(c)  Site improvement or development of real property;


(d)  Installation of the fixed or movable equipment necessary for the

operation of new, remodeled, or renovated real property, if the fixed or movable equipment is initially housed in or on the real property upon completion of the new construction, remodeling, or renovation;

(e)  Installation of the fixed or movable equipment necessary for the conduct

of programs in or on real property upon completion of the new construction, remodeling, or renovation;

(f)  Contracting for the services of architects, engineers, and other

consultants to prepare plans, program documents, life-cycle cost studies, energy analyses, and other studies associated with capital construction and to supervise the construction or execution of such capital construction; or

(g)  (Deleted by amendment, L. 2014.)


(3) (a)  Capital renewal means a controlled maintenance project of real

property or more than one integrated controlled maintenance project of real property with costs exceeding four million seven hundred thousand dollars in a fiscal year that is more cost effective or better addressed by corrective repairs or replacement to the real property rather than by limited fixed equipment repair, replacement, or smaller individual controlled maintenance projects.

(b)  Beginning on January 1, 2029, and on January 1 of every three-year period

thereafter, the department shall adjust the capital renewal cost threshold for inflation in accordance with the percentage change over the preceding three-year period in the United States department of labor bureau of labor statistics producer price index commodity data for final demand - construction for government, or its successor index. The department shall publish the adjusted capital renewal cost threshold on its website.

(4)  Controlled maintenance means:


(a)  Corrective repairs or replacement, including improvements for health, life

safety, and code requirements, used for existing real property; and

(b)  Corrective repairs or replacement, including improvements for health, life

safety, and code requirements, of the fixed equipment necessary for the operation of real property, when such work is not funded in a state agency's or state institution of higher education's operating budget.

(c)  Controlled maintenance may include contracting for the services of

architects, engineers, and other consultants to investigate conditions and prepare recommendations for the correction thereof, to prepare plans and specifications, and to supervise the execution of such controlled maintenance projects as provided through an appropriation by the general assembly.

(5)  Department means the department of personnel.


(6)  Economic life means the projected or anticipated useful life of real

property.

(7)  Executive director means the executive director of the department of

personnel.

(8)  Facility means a state-owned building or utility. Facility does not

include highways or publicly assisted housing projects as defined in section 24-32-718.

(9)  Fixed equipment includes, but is not limited to, mechanical, electrical,

or plumbing components built into real property that are necessary for the operation of the real property.

(10)  (Deleted by amendment, L. 2014.)


(11)  Initial cost means the required cost necessary to construct or renovate

a facility.

(12)  Life-cycle cost means the cost alternatives, over the economic life of a

facility, including its initial cost, replacement costs, and the cost of operation and maintenance of the facility, such as energy and water.

(13)  Movable equipment means:


(a)  All equipment that is not defined as fixed equipment that is necessary for

the conduct of a program in or on real property;

(b)  The rolling stock and fixed stock necessary for running a state-owned

railway; and

(c)  Aircraft as defined in section 43-10-102 (1), C.R.S., that is used for state

purposes.

(13.5)  Office of the state architect or office means the office of the state

architect created in section 24-30-1302.5.

(14)  Principal representative means the governing board of a state agency

or state institution of higher education, or the governing board's designee, or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly, or such executive head's designee.

(15) (a)  Real property means a facility, state-owned grounds around a

facility, a campus of more than one facility and the grounds around such facilities, state-owned fixtures and improvements on land, and every state-owned estate, interest, privilege, tenement, easement, right-of-way, and other right in land, legal or equitable, but not including leasehold interests.

(b)  Real property does not include:


(I)  Land or any interest therein acquired by the department of transportation

and used, or intended to be used, for right-of-way purposes;

(II)  Land or any interest therein held by the division of parks and wildlife and

the parks and wildlife commission in the department of natural resources; and

(III)  Public lands of the state or any interest therein that are subject to the

jurisdiction of the state board of land commissioners.

(16)  State means the government of this state, every state agency, and

every state institution of higher education. State does not include a county, municipality, city and county, school district, special district, or any other kind of local government organized pursuant to law.

(17)  State agency means any department, commission, council, board,

bureau, committee, office, agency, or other governmental unit of the state.

(18)  State institution of higher education means a state institution of higher

education as defined in section 23-18-102 (10), C.R.S., and the Auraria higher education center created in article 70 of title 23, C.R.S.

Source: L. 79: Entire part added, p. 879, � 1, effective July 1. L. 80: (1)(b) and

(1)(c) amended and (2) R&RE, p. 593, �� 1, 2, effective July 1. L. 95: (3) and (6) amended, p. 649, � 54, effective July 1. L. 2007: (7.5) and (15) added and (13) amended, p. 484, � 1, effective September 1. L. 2008: (13)(b)(II) and (13)(b)(III) amended, p. 1307, � 1, effective August 5. L. 2011: (1)(f) amended, (HB 11-1301), ch. 297, p. 1431, � 30, effective August 10. L. 2012: (7) amended, (SB 12-040), ch. 118, p. 403, � 3, effective April 16. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1800, � 3, effective June 6; (1), (2)(g), and (10) amended, (HB 14-1395), ch. 309, p. 1308, � 6, effective June 6. L. 2015: (13.5) added, (SB 15-270), ch. 296, p. 1206, � 1, effective June 5. L. 2024: (3) amended, (HB 24-1422), ch. 137, p. 510, � 1, effective August 7.

Cross references: For the legislative declaration contained in the 1995 act

amending subsections (3) and (6), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

C.R.S. § 24-30-1303

24-30-1303. Office of the state architect - responsibilities. (1) The office of the state architect shall:

(a)  With the approval of the governor, negotiate and execute leases on

behalf of the state for real property needed for state use and, as provided in section 24-82-102 (2), negotiate and execute leases of real property not presently needed for state use;

(a.5)  Notwithstanding section 24-30-1301 (15)(a), with the approval of the

governor, negotiate and execute leases on behalf of the state for privately owned property, including land, office space, buildings, and special use interests;

(b)  With the approval of the governor, negotiate and approve easements and

rights-of-way across nonstate land on behalf of the state and, as provided in section 24-82-202, negotiate and approve easements and rights-of-way across land owned by or under the control of the state;

(c)  Repealed.


(d)  Supervise and be responsible for the expenditure of funds appropriated

by the general assembly for capital construction, capital renewal, and controlled maintenance projects for state agencies and state institutions of higher education;

(e)  Maintain a current record of balances by project in the capital

construction and controlled maintenance funds;

(f)  Cause to be developed and enforced methods of internal control, on

standardized basis within individual state agencies, that will assure compliance with appropriations provisions and executive orders;

(g)  Repealed.


(h)  Develop, or cause to be developed, with the approval of the governor,

specific standards relating to office space, to architectural, structural, mechanical, and electrical systems in such office space, and to energy conservation in such office space, except in higher education as provided in section 23-1-106, C.R.S., which shall be the basis for approving facilities master plans, facility program plans, schematic designs, design development phases, and construction documents relating to the lease, acquisition, or construction of office space; except that such standards shall be approved by the president of the senate and the speaker of the house of representatives when they concern space, systems, or energy conservation in that portion of the capitol buildings group which is under the jurisdiction of the general assembly;

(i)  Develop a construction procedures manual for real property, with the

approval of the governor;

(j)  Develop, or cause to be developed, standards of inspection, with the

approval of the governor, which shall be the basis of all inspections and be responsible for assuring the uniform inspection of construction projects by the state agencies, utilizing such resources as may be locally available, in conjunction with the architect, engineer, or consultant;

(k)  Coordinate initiation of budget requests for those capital construction or

capital renewal projects for which the executive director shall be designated as principal representative by the governor;

(k.5)  Coordinate initiation of budget requests for controlled maintenance

projects and make recommendations concerning such requests to the capital development committee and to the office of state planning and budgeting. In the event that a controlled maintenance request exceeds approximately five hundred thousand dollars, the executive director may require the department making the request to prepare a feasibility study or program plan for the request. The executive director may establish guidelines or criteria for such feasibility study or program plan.

(l) and (m)  Repealed.


(n) (I)  (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)


(II)  Develop, or cause to be developed, methods of control on a standardized

basis for all state agencies and state institutions of higher education to ensure conformity of physical planning with approved building codes and of construction with approved physical planning.

(o)  (Deleted by amendment, L. 94, p. 567, � 20, effective April 6, 1994.)


(p)  Develop and maintain, or cause to be developed and maintained, at state

agencies and state institutions of higher education approved lists of qualified architects, industrial hygienists, engineers, landscape architects, land surveyors, and consultants from which the principal representative shall make a selection, including therein such information as may be required by part 14 of this article;

(q)  Develop and maintain, or cause to be developed and maintained, at state

agencies and state institutions of higher education approved lists of qualified contractors to bid on construction projects and promulgate rules and regulations as may be necessary for contractor prequalification processes for bidding on construction projects;

(r)  Promulgate rules for independent third-party review of facility program

plans, schematic design, design development, and construction documents to assure compliance with appropriate building codes, approved construction standards, and the appropriation and to assure the review of cost estimates prior to authorization of the calling of bids for compliance with the appropriation. In the event the executive director or his designee, after such review, finds that facility program plans, schematic design, design development, or construction documents do not comply with approved construction standards and the appropriation or that cost estimates do not comply with the appropriation, he shall immediately notify the principal representative in writing of his findings and make appropriate recommendations. Upon receipt of such notice, the principal representative shall take action as necessary to implement the recommendations and bring the project into compliance, continuing or modifying plans, designs, construction documents, or cost estimates as the case may be.

(s) (I)  Promulgate rules and regulations for the administration of the bid

procedure and acceptable methods for determining the lowest responsible bidder;

(II)  In cooperation with the project architect, engineer, or consultant, be

responsible for the administration of the bid procedure for state agencies and state institutions of higher education without staff capability and perform such additional functions as the office may determine;

(III)  When directly responsible for the bid procedure, recommend the lowest

responsible bid to the principal representative, after consultation with the project architect, engineer, or consultant;

(IV)  Promulgate, with the assistance of the attorney general and the state

controller, standardized contract language for agreements between architects, engineers, or consultants and state agencies or state institutions of higher education and language for construction contracts between contractors or construction managers and state agencies or state institutions of higher education;

(V)  Review and approve modifications to such standard contract language;


(s.5)  Work with the office of state planning and budgeting, the Colorado

commission on higher education, the department of higher education, and a representative from a state institution of higher education to develop and establish criteria for recommending capital construction projects;

(t) (I)  Make recommendations on capital construction and capital renewal

project requests made by each state agency after the requests have been reviewed by the office as specified in section 24-30-1311, and submit recommendations for the same to the office of state planning and budgeting in a timely manner so that the office of state planning and budgeting can meet the deadlines set forth in section 24-37-304 (1)(c.3). The state architect may not recommend capital construction project requests if such projects are not included in the state agency's facility program plan that is approved as required in section 24-30-1311, unless the state architect determines that there exists a sound reason why the requested project is not included in the facility program plan.

(II)  Be responsible for the preparation of the state's controlled maintenance

budget request and submit recommendations for the same to the office of state planning and budgeting and the capital development committee;

(u) and (v)  Repealed.


(w)  Develop and maintain, or cause to be developed and maintained, life-cycle cost analysis methods for real property and, prior to beginning construction,

assure that such methods are reviewed by an independent third party to ensure compliance with sections 24-30-1304 and 24-30-1305. The office shall review and approve specific exceptions to systems selected for construction, which systems are not found to be the best choice on a life-cycle basis.

(x) and (y)  Repealed.


(z)  Establish minimum building codes, with the approval of the governor and

the general assembly after the recommendations and review of the capital development committee, for all construction by state agencies and state institutions of higher education on real property or state lease-purchased buildings. At the discretion of the office, said codes may apply to state-leased buildings where local building codes may not exist.

(aa)  Repealed.


(bb)  Develop and maintain a list of the information required to be included in

facility management plans and updates submitted pursuant to section 24-30-1303.5 (3.5);

(cc)  Develop procedures for the submission of facility management plans

and updates pursuant to section 24-30-1303.5 (3.5); and

(dd)  Review facility management plans and updates submitted pursuant to

section 24-30-1303.5 (3.5) and submit a report regarding such plans and updates to the office of state planning and budgeting and the capital development committee.

(ee)  (Deleted by amendment, L. 2009, (SB 09-292), ch. 369, p. 1967, � 75,

effective August 5, 2009.)

(ff) (I) (A)  On or before January 1, 2025, adopt and enforce an energy code

that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.

(B)  On or before January 1, 2030, adopt and enforce an energy code that

achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to all construction by state agencies on state-owned properties or facilities or on properties or facilities that are leased by the state under a financed purchase of an asset or certificate of participation agreement.

(II)  Notwithstanding any other provision of this subsection (1)(ff), the office of

the state architect may make any amendments to an energy code that the office of the state architect deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(III)  Nothing in this subsection (1)(ff) restricts the ability of an investor-owned

utility with approval from the public utilities commission to:

(A)  Provide incentives or other energy efficiency program services to help

the office of the state architect or builders comply with the requirements of this subsection (1)(ff); or

(B)  Earn shareholder incentives and claim credits toward its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the office of the state architect or builders comply with the requirements of this subsection (1)(ff).

(IV)  A utility not subject to regulation by the public utilities commission may

provide incentives or other energy efficiency program services as they so choose to assist the office of the state architect or any builders in complying with the requirements of this subsection (1)(ff).

(V) (A)  A utility shall be allowed to count mass-based emissions reductions

associated with the requirements of this subsection (1)(ff) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(B)  A utility subject to regulation by the public utilities commission shall not

be allowed to count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (1)(ff) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

(2)  The provisions of subsection (1) of this section shall not apply to lands

under the jurisdiction of the state board of land commissioners or to leases of land held by the division of parks and wildlife.

(3) (a)  All real property, except public roads and highways, projects under

the supervision of the division of parks and wildlife, and real property under the supervision of the judicial department, erected for state purposes shall be constructed in conformity with a construction procedures manual for real property prepared by the office and approved by the governor. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards and rules promulgated pursuant to this section.

(b)  Projects under the supervision of the division of parks and wildlife that

are excluded from paragraph (a) of this subsection (3), shall:

(I)  Maintain a current record of balances by capital project, including but not

limited to:

(A)  Planned budgets, actual expenditures, and additions or deletions to and

components of projects; and

(B)  Items categorized for professional services, construction or

improvement, contingencies, and moveable equipment.

(II)  Notwithstanding section 24-1-136 (11)(a)(I), report the current record of

balances by capital project on or before September 15, 2001, not less than one time annually on or before each September 15 thereafter to the office of state planning and budgeting, the joint budget committee, and the capital development committee.

(c) (I)  All real property under the supervision of the judicial department

erected for state purposes shall be constructed in conformity with a construction procedures manual for real property based on acceptable industry standards. Such construction shall be made only upon plans, designs, and construction documents that comply with approved state standards.

(II)  The judicial department is authorized to hire private construction

managers to supervise their capital construction, controlled maintenance, or capital renewal projects. The cost of such construction managers shall be paid for from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal project.

(III)  The judicial department is authorized to perform the responsibilities and

functions described in paragraph (a) of subsection (1) of this section for any real property under the supervision of the judicial department.

(4)  When the principal representative is a legislative agency, the principal

representative may request, and the office shall provide to the principal representative within five working days of such request, a progress report of the office's actions undertaken as of the date of the request towards completion of any of the office's duties set forth in subsection (1) of this section.

(5) (a)  The office may delegate to state agencies or state institutions of

higher education any or all of the responsibilities and functions outlined in this part 13 and the office's responsibilities and functions under part 14 of this article, pursuant to rules and regulations promulgated by the department, when the state agency or state institution of higher education has the professional or technical capability on staff to perform such functions competently.

(b)  The office may authorize state agencies or state institutions of higher

education to hire private construction managers to supervise the capital construction, controlled maintenance, or capital renewal projects. The cost of such construction manager shall be paid from moneys appropriated for the specific capital construction, controlled maintenance, or capital renewal projects. This paragraph (b) does not apply to projects under the supervision of the department of transportation.

(c)  If the state architect determines that the governing board of a state

institution of higher education has adopted procedures that adequately meet the safeguards set forth in the requirements of part 14 of this article and article 92 of this title, the state architect may exempt the institution from any of the procedural requirements of part 14 of this article and article 92 of this title in regard to a capital construction project to be constructed pursuant to the provisions of section 23-1-106 (9), C.R.S.; except that the selection of any contractor to perform professional services as defined in section 24-30-1402 (6) must be made in accordance with the criteria set forth in section 24-30-1403 (2).

(d)  Upon application by any state agency or state institution of higher

education that demonstrates internal expertise related to the leasing and acquisition of commercial real property, the office may delegate an individual employed by the state agency or state institution of higher education to act on behalf of the office in the performance of the responsibilities and functions described in paragraph (a) of subsection (1) of this section. The delegation authorized pursuant to this paragraph (d) may include, with the consent of the office, the authority to waive the use of the office-approved real estate lease form or real estate lease amendment form.

(6)  Nothing in this article is intended to diminish the authority granted to the

judicial department or the state court administrator in Senate Bill 08-206.

(7)  By June 30, 2025, the office of the state architect shall develop, in

coordination with the Colorado water conservation board in the department of natural resources, a floodplain management program for development, as defined in 44 CFR 59.1, on state-owned land located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program. The purpose of the floodplain management program is to ensure that all development, as defined in 44 CFR 59.1, on state-owned land located in such counties and municipalities is in compliance with the minimum floodplain management criteria required by the national flood insurance program, as well as the Colorado water conservation board's rules and regulations for regulatory floodplains in Colorado. At the discretion of the office of the state architect, the floodplain management program may also apply to state-leased properties located in counties or municipalities that do not participate in the federal emergency management agency's national flood insurance program or an equivalent program.

Source: L. 79: Entire part added, pp. 881, 894, �� 1, 2, effective July 1. L. 83:

(4) amended, p. 893 � 1, effective March 22; (1)(c) repealed, p. 896, � 3, effective June 1. L. 89: (5) added, p. 1026, � 1, effective April 27; (1)(k.5) added, p. 1028, � 1, effective June 1. L. 90: (1)(f), (1)(j), (1)(l), (1)(n) to (1)(r), (1)(w), (3), and (5) amended, (1)(g), (1)(m), (1)(u), (1)(x), and (1)(y) repealed, (1)(s) and (1)(t) R&RE, and (1)(z) added, pp. 1185, 1191, 1187, 1188, �� 1, 8, 2, 3, effective April 18. L. 91: (5)(b) amended, p. 1058, � 16, effective July 1. L. 93: (1)(v) amended and (1)(aa) added, pp. 1654, 917, �� 57, 2, effective July 1. L. 94: (1)(h), (1)(n), and (1)(o) amended, p. 567, � 20, effective April 6. L. 96: (1)(k.5) amended, p. 1519, � 57, effective June 1. L. 97: (1)(p) amended, p. 108, � 1, effective March 24. L. 2001: (3) amended, p. 227, � 1, effective March 28. L. 2003: (1)(v) repealed, p. 1421, � 2, effective April 29; (1)(ee) added, p. 2502, � 3, effective June 5; (1)(bb), (1)(cc), and (1)(dd) added, p. 962, � 2, effective July 1. L. 2007: (1)(k.5) amended, p. 868, � 2, effective May 14. L. 2009: (1)(cc), (1)(dd), and (1)(ee) amended, (SB 09-292), ch. 369, p. 1967, � 75, effective August 5; (5)(c) added, (SB 09-290), ch. 374, p. 2040, � 4, effective August 5. L. 2010: (5)(d) added, (HB 10-1181), ch. 351, p. 1622, � 7, effective June 7. L. 2014: (1)(a), (1)(b), (1)(d), (1)(i), (1)(k), (1)(l), (1)(n)(II), (1)(p), (1)(q), (1)(s)(II), (1)(s)(IV), (1)(t)(I), (1)(w), (1)(z), (3)(a), and (5) amended and (3)(c) and (6) added, (HB 14-1387), ch. 378, p. 1805, � 4, effective June 6. L. 2015: IP(1), (1)(s)(II), (1)(t)(I), (1)(w), (1)(z), (3)(a), (4), and (5) amended, (1)(l) repealed, and (1)(s.5) added, (SB 15-270), ch. 296, p. 1207, � 3, effective June 5. L. 2016: (5)(c) amended, (SB 16-204), ch. 222, p. 852, � 4, effective June 6. L. 2017: (3)(b)(II) amended, (HB 17-1257), ch. 254, p. 1063, � 1, effective August 9. L. 2021: (1)(a.5) added, (HB 21-1126), ch. 36, p. 141, � 1, effective April 15. L. 2022: (1)(ff) added, (HB 22-1362), ch. 301, p. 2179, � 4, effective June 2. L. 2024: (7) added, (SB 24-179), ch. 449, p. 3128, � 1, effective August 7.

Editor's note: Subsection (1)(aa) provided for the repeal of subsection (1)(aa),

effective January 1, 1996. (See L. 93, p. 917.)

Cross references: For the legislative declaration in HB 14-1387, see section 1

of chapter 378, Session Laws of Colorado 2014.

C.R.S. § 24-30-1313

24-30-1313. Capitol complex renovation fund - created - repeal. (1) The capitol complex renovation fund, referred to in this section as the fund, is created in the state treasury. The fund consists of money credited to the fund pursuant to section 24-30-1310 (2), money transferred to the fund pursuant to sections 24-75-307 (2.5) and (4), and any other money that the general assembly may appropriate or transfer to the fund.

(2)  The state treasurer shall credit all interest and income derived from the

deposit and investment of money in the fund to the fund.

(3)  Any unexpended and unencumbered money remaining in the fund at the

end of a fiscal year remains in the fund.

(4) (a)  Except as otherwise provided in subsection (4)(b) of this section,

money in the fund is annually appropriated to the department of personnel for capital construction needs for existing state-owned buildings in the capitol complex as specified in subsection (5) of this section. Any unexpended and unencumbered money from an appropriation made from the fund remains available for expenditure by the department for the purposes specified in subsection (5) of this section for the next two fiscal years without further appropriation.

(b)  Of the total amount of money appropriated to the department of

personnel pursuant to this section, up to twenty-three million dollars shall be available for the general assembly to use for improvement projects in legislative spaces in the capitol complex, including the renovation of the space in the capitol building annex at 1375 Sherman street that is designated as legislative space pursuant to section 24-82-101 (4)(a), subject to approval of the executive committee of the legislative council.

(5) (a)  The money in the fund shall be used to fund certain capital

construction needs for existing state-owned buildings in the capitol complex, including:

(I)  Renovations to the capitol building annex at 1375 Sherman street, the

centennial building at 1313 Sherman street, and the state-owned building at 1570 Grant street;

(II)  Installation of electric vehicle charging stations at the state-owned

building at 1570 Grant street;

(III)  LEED certification for the capitol building annex at 1375 Sherman street,

the centennial building at 1313 Sherman street, and the state-owned building at 1570 Grant street;

(IV)  Projects that address accessibility under the federal Americans with

Disabilities Act of 1990, 42 U.S.C. sec. 12101, and pursuant to section 24-34-802, improvements to the capitol complex and elements in the capitol, including the first floor, basement areas, and cafeteria, and the capitol building annex at 1375 Sherman street and wedge barriers at the capitol building parking circle entrance locations; and

(V)  Improvement projects to the legislative spaces in the capitol building at

the discretion of the general assembly.

(b)  Any project pursuant to subsection (5)(a)(IV) or (5)(a)(V) of this section

that will occur within the public and ceremonial areas of the state capitol building or the surrounding grounds of the state capitol building is subject to review by the capitol building advisory committee pursuant to section 24-82-108 and approval by the capital development committee created in section 2-3-1302.

(6)  The state treasurer shall transfer all unexpended and unencumbered

money in the fund on June 30, 2030, to the capital construction fund created in section 24-75-302.

(6.5)  On July 1, 2024, the state treasurer shall transfer:


(a)  One million one hundred ninety-eight thousand two hundred twenty-four

dollars from the fund to the wildlife cash fund created in section 33-1-112 (1)(a); and

(b)  Two hundred seventy-three thousand two hundred four dollars from the

fund to the division of parks and wildlife to be used by the division for the same purposes as other lottery proceeds distributions made pursuant to section 3 (1)(b)(II) of article XXVII of the state constitution.

(7)  This section is repealed, effective July 1, 2031.


Source: L. 2022: Entire section added, (SB 22-239), ch. 411, p. 2906, � 2,

effective August 10. L. 2023: (1) and (4)(b) amended, (SB 23-306), ch. 412, p. 2445, � 4, effective June 6. L. 2024: (6.5) added, (HB 24-1423), ch. 138, p. 513, � 2, effective April 29; (5)(a)(IV) and (7) amended, (SB 24-206), ch. 455, p. 3152, � 2, effective August 7.

C.R.S. § 24-30-2001

24-30-2001. Definitions. As used in this part 20, unless the context otherwise requires:

(1)  Energy cost-savings contract means a utility cost-savings contract or a

vehicle fleet operational and fuel cost-savings contract.

(1.3)  Energy cost-savings measure means a utility cost-savings measure or

a vehicle fleet operational and fuel cost-savings measure.

(1.5)  Energy performance contract means a contract for evaluations,

recommendations, or implementation of one or more energy cost-savings measures designed to produce utility cost savings, operation and maintenance cost savings, or vehicle fleet operational and fuel cost savings, which contract:

(a)  Sets forth savings attributable to the calculated energy cost savings or

operation and maintenance cost savings for each year during the contract period;

(b)  Provides that the amount of actual savings for each year during the

contract period shall exceed annual contract payments, including maintenance costs, to be made during such year by the state agency contracting for the energy cost-savings measures; except that, for the purposes of this part 20 only, the term annual contract payments does not include moneys received by the state from rebates, gifts, grants, or donations specifically designated by the gifting, granting, or donating party for the design or implementation of an energy cost-savings measure or state moneys that have been specifically appropriated in a distinct line item, or, in the case of the department of transportation, otherwise set aside in the department's budget, for the design or implementation of an energy cost-savings measure that is wholly addressed within the scope of the energy cost-savings contract;

(c)  Requires the party entering into the energy performance contract with

the state agency to provide a written guarantee that the sum of energy cost savings and operation and maintenance cost savings for each year during the first three years of the contract period shall not be less than the calculated savings for that year described in paragraph (a) of this subsection (1.5); and

(d)  Requires payments by a state agency to be made within twelve years

after the date of the execution of the contract; except that the maximum term of the payments shall be less than the cost-weighted average useful life of energy cost-savings equipment for which the contract is made, not to exceed twenty-five years.

(2)  Operation and maintenance cost savings means a measurable decrease

in operation and maintenance costs that is a direct result of the implementation of one or more utility cost-savings measures or one or more vehicle fleet operational and fuel cost-savings measures. Such savings shall be calculated in comparison with an established baseline of operation and maintenance costs.

(3)  Shared-savings contract means a contract for one or more energy cost-savings measures that do not involve capital equipment projects, which contract:


(a)  Provides that all payments to be made by the state agency contracting

for the energy cost-savings measures shall be a stated percentage of calculated savings of energy costs attributable to such measures over a defined period of time and that such payments shall be made only to the extent that such savings occur; except that this paragraph (a) shall not apply to payments for maintenance and repairs and obligations on termination of the contract prior to its expiration;

(b)  Provides for an initial contract period of no longer than ten years; and


(c)  Requires no additional capital investment or contribution of funds.


(4)  State agency means a department or institution of this state, including

institutions of higher education.

(5)  Utility cost savings means:


(a)  A cost savings caused by a reduction in metered or measured physical

quantities of a bulk fuel or utility resulting from the implementation of one or more energy conservation measures when compared with an established baseline of usage; or

(b)  A decrease in utility costs as a result of changes in applicable utility rates

or utility service suppliers. The savings shall be calculated in comparison with an established baseline of utility costs.

(6)  Utility cost-savings contract means an energy performance contract or

a shared-savings contract or any other agreement in which utility cost savings are used to pay for services or equipment.

(7)  Utility cost-savings measure means any installation, modification, or

service that is designed to reduce energy consumption and related operating costs in buildings and other facilities and includes, but is not limited to, the following:

(a)  Insulation in walls, roofs, floors, and foundations and in heating and

cooling distribution systems;

(b)  Heating, ventilating, or air conditioning and distribution system

modifications or replacements in buildings or central plants;

(c)  Automatic energy control systems;


(d)  Replacement or modification of lighting fixtures;


(e)  Energy recovery systems;


(f)  Renewable energy and alternate energy systems;


(g)  Cogeneration systems that produce steam or forms of energy, such as

heat or electricity, for use primarily within a building or complex of buildings;

(h)  Devices that reduce water consumption or sewer charges;


(i)  Changes in operation and maintenance practices;


(j)  Procurement of low-cost energy supplies of all types, including

electricity, natural gas, and other fuel sources, and water;

(k)  Indoor air quality improvements that conform to applicable building code

requirements;

(l)  Daylighting systems;


(m)  Building operation programs that reduce utility and operating costs

including, but not limited to, computerized energy management and consumption tracking programs, staff and occupant training, and other similar activities;

(n)  Services to reduce utility costs by identifying utility errors and optimizing

existing rate schedules under which service is provided; and

(o)  Any other location, orientation, or design choice related to, or installation,

modification of installation, or remodeling of, building infrastructure improvements that produce utility or operational cost savings for their appointed functions in compliance with applicable state and local building codes.

(8)  Vehicle fleet operational and fuel cost savings means a measurable

decrease in the operation and maintenance costs of state vehicles that is associated with fuel or maintenance based on higher efficiency ratings or alternative fueling methods, including but not limited to savings from the reduction in maintenance requirements and a reduction in or the elimination of projected fuel purchase expenses as a direct result of investment in higher efficiency or alternative fuel vehicles or vehicle or charging infrastructure.

(9)  Vehicle fleet operational and fuel cost-savings contract means an

energy performance contract or shared-savings contract or any other agreement in which vehicle fleet operational and fuel cost savings are used to pay for the cost of the vehicle or associated capital investments.

(10)  Vehicle fleet operational and fuel cost-savings measure means any

installation, modification, or service that is designed to reduce energy consumption and related operating costs in vehicles and includes, but is not limited to, the following:

(a)  Vehicle purchase or lease costs either in full or in part;


(b)  Charging or fueling infrastructure to appropriately charge or fuel

alternative fuel vehicles included in an energy cost-savings contract.

Source: L. 2001: Entire part added, p. 1088, � 1, effective August 8. L. 2010:

(1)(b) and (7)(o) amended, (SB 10-207), ch. 410, p. 2027, � 2, effective June 10. L. 2013: (1), (2), IP(3), and (3)(a) amended and (1.3), (1.5), (8), (9), and (10) added, (SB 13-254), ch. 403, p. 2358, � 1, effective June 5.

C.R.S. § 24-30-2303

24-30-2303. Office of sustainability - creation - duties. (1) The office of sustainability is hereby created in the department. The office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department. The office shall work with state agencies to implement sustainable practices.

(2)  The powers, duties, and functions of the office include:


(a)  Providing leadership to and requiring accountability from state agencies

regarding ongoing sustainability initiatives;

(b)  Developing baseline metrics and goals for the reduction of negative

environmental impacts and tracking state agencies' performance toward achieving those goals;

(c)  Tracking the amount of money the state saves as a result of

implementing sustainable practices;

(d)  Seeking and applying for federal funding and other grant opportunities

that would support state agencies' sustainable practices;

(e)  Assisting state agencies in implementing sustainable procurement

methods and introducing options for environmentally preferable products or services to state agencies;

(f)  Assisting state agencies in installing energy-efficient equipment and

fixtures;

(g)  Assisting state agencies in meeting building performance standards such

as those administered by the Colorado energy office;

(h)  Coordinating and assisting in planning and constructing state agencies'

electric vehicle charging infrastructure and ensuring utilization of such infrastructure;

(i)  Instituting water reduction initiatives for state agencies, including but not

limited to:

(I)  The installation of water-conserving fixtures and water-wise plants on

state property;

(II)  The conversion of nonnative grasses to xeriscape in accordance with the

principles of water-wise landscaping, with an emphasis on native plants, set forth in section 37-60-135 (2)(l); and

(III)  The reduction of nonfunctional turf and encouragement of water-efficient sustainable landscaping practices at state facilities;


(j)  Assisting state agencies in transitioning from gas-powered to electric

equipment;

(k)  Implementing statewide waste diversion practices to increase state

agencies' recycling rates;

(l)  Developing commuting opportunities for state employees that reduce

greenhouse gas emissions and other pollution;

(m)  Assisting state agencies in developing training programs to educate

state employees on sustainable practices; and

(n)  Conducting other activities as directed by the general assembly or the

governor.

Source: L. 2024: Entire part added, (SB 24-214), ch. 191, p. 1086, � 1, effective

May 17.

C.R.S. § 24-30-2304

24-30-2304. Revolving fund - definition - repeal. (1) The state agency sustainability revolving fund, referred to in this section as the fund, is created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund and any gifts, grants, or donations that the department credits to the fund pursuant to subsection (5) of this section.

(2)  The office shall allocate the money in the fund to assist in replacing the

state's gas and diesel-powered equipment that is located in ozone nonattainment areas as designated by the U.S. environmental protection agency with equivalent electric equipment, and to operate the office in accordance with this part 23.

(3) (a)  Any unexpended and unencumbered money remaining in the fund at

the end of a fiscal year shall remain in the fund.

(b) (I)  For state fiscal years commencing on or before July 1, 2024, the state

treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(II)  Notwithstanding subsection (3)(a) of this section, for state fiscal years

commencing on and after July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the general fund.

(III) (A)  On June 30, 2025, the state treasurer shall transfer six thousand two

hundred fourteen dollars from the fund to the general fund.

(B)  This subsection (3)(b)(III) is repealed, effective July 1, 2026.


(4)  Subject to annual appropriation by the general assembly, the department

may expend money from the fund to be used for the purposes specified in subsection (2) of this section.

(5)  The department may solicit, accept, and expend gifts, grants, and

donations for the purposes of this part 23. The department shall credit any gifts, grants, and donations to the fund.

Source: L. 2024: Entire part added, (SB 24-214), ch. 191, p. 1087, � 1, effective

May 17. L. 2025: (1) and (2) amended, (SB 25-249), ch. 124, p. 490, � 1, effective April 25; (3) amended, (SB 25-317), ch. 385, p. 2143, � 9, effective June 3; (4) amended, (SB 25-265), ch. 130, p. 512, � 6, effective July 1.

Cross references: For the legislative declaration in SB 25-317, see section 1

of chapter 385, Session Laws of Colorado 2025.

C.R.S. § 24-32-104

24-32-104. Functions of the division - interconnectivity grant program - interconnectivity grant program fund - reporting - definition. (1) The division shall perform the following functions:

(a)  Assist the governor in coordinating the activities and services of those

departments and agencies of the state having relationships with units of local government in order to provide more effective services to units of local government and to simplify procedures with respect thereto;

(b)  Advise the governor and the general assembly of the problems of local

government;

(c)  Serve as a clearing house, for the benefit of local government, of

information relating to the common problems of local government and of state and federal services available to assist in the solution of those problems;

(d)  Refer local government to appropriate departments and agencies of the

state and federal government for advice, assistance, and available services in connection with specific problems;

(e)  Perform such research as is necessary to carry out the functions of the

division, including the study of local government, intergovernmental relations, the structure and powers of local government units and their relationships to each other, local government finance, services, management, and functions;

(f)  Encourage and when so requested assist cooperative efforts among the

officials of local government units toward the solution of common problems;

(g)  Encourage and cooperate in training institutes, conferences, and

programs for local government officials and employees;

(h)  Publish an annual compendium of local government fiscal data beginning

with calendar year 1968 and publish from time to time other statistical and research reports of interest to local government, the general assembly, and the general public;

(i)  Upon request by local government officials, provide technical assistance

in defining their local government problems and developing solutions thereof;

(j)  Provide technical assistance to district attorneys, including, but not

limited to, coordinating educational grants;

(k)  Repealed.


(l)  Administer emergency services provided by the state;


(m) (I)  Annually distribute to each local governmental entity informational

materials relating to federal student loan repayment programs and student loan forgiveness programs, including updated materials, received from the department of personnel pursuant to section 24-5-102. The division may distribute the informational materials to each local governmental entity through an email or as part of a mailing or regular communication to local governmental entities. The division shall encourage each local governmental entity to annually distribute the informational materials, including any updated materials, to each employee of the local governmental entity, and to include the informational materials as part of the local governmental entity's new employee orientation process.

(II)  For purposes of subsection (1)(m)(I) of this section, a local governmental

entity means a city, county, city and county, special district, or other unit of local government for which the division has received information pursuant to section 24-32-116.

(n)  Submit to the Colorado broadband office created in section 24-37.5-903

(1) for the broadband office's review and recommendations a copy of each application that the division receives in which an applicant seeks grant money for broadband planning or infrastructure, which grant the division awards from the interconnectivity grant program fund. The Colorado broadband office shall review each application submitted and provide the division its recommendations regarding the application as soon as practicable but no later than thirty days after the division has furnished a copy of the application to the Colorado broadband office.

(2)  No later than July 1, 2015, the division shall formally announce, on its

website and by letter to the state's local governments, an initiative from the local government mineral impact fund created in section 34-63-102 (5), C.R.S., or the local government severance tax fund created in section 39-29-110, C.R.S., of one million dollars per year for three years for grant funding to local governments for planning, analyses, public engagement, and coordination and collaboration with federal land managers and stakeholders, or for similar or related local government processes needed by local governments for engagement in federal land management decision-making.

(3) (a)  The division of local government in the department of local affairs

shall contract with a nationally recognized research and consulting entity to study future prison bed needs in Colorado. While conducting the study, the entity shall solicit input from local communities and other interested parties or issue experts, including but not limited to public safety experts, victim's advocates, prosecutors, defense attorneys, and community reentry providers.

(b)  The division shall convene an advisory committee that contains three

representatives of local governments, of which at least two must be county commissioners, selected by the executive director, from each county that has a private prison to consult with the entity during the study. The study must include:

(I)  An analysis of the economic and other impacts that potential prison

closure would have on local governments and the wider community and recommendations on strategies to diversify the local economy;

(II)  A utilization analysis of all state and privately operated facilities and all

other facilities that can be used for housing inmates;

(III)  An analysis of the feasibility of the department to obtain privately owned

facilities or utilize unused state-owned buildings in Colorado.

(c)  Prior to completing the study, the division, in conjunction with the county

commissioners, shall provide notice and conduct public hearings in the counties in which private prisons are located to allow direct public testimony and input, which the department shall include in the final report.

(d)  The division of local government in the department of local affairs shall

report the study to the judiciary committees of the senate and house of representatives, or any successor committees, during the committees' hearings held during the 2021 session of the general assembly under the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.

(4)  The division shall administer the local government affordable housing

development incentives grant program created in section 24-32-130 (2) and the local government planning grant program created in section 24-32-130 (5).

(5)  The division shall consult with the division of housing created in section

24-32-704 in connection with the creation and administration of the housing toolkit program in accordance with section 24-32-721.7 (2)(a).

(6)  The division shall consult with the creative industries division within the

Colorado office of economic development created in section 24-48.5-301 in connection with the administration of the community revitalization grant program in accordance with section 24-48.5-317.

(7) (a)  As part of the division's work to improve broadband service to its local

government constituents, the division shall implement the interconnectivity grant program, which is hereby created, to award grant money to local governments for proposed projects that:

(I)  Engage in regional planning among multiple local governments to:


(A)  Identify regional broadband infrastructure needs;


(B)  Determine optimal regional configurations of broadband infrastructure;

and

(C)  Identify potential public-private partnerships to achieve optimal regional

broadband deployment; or

(II)  Provide or enhance the network connection between communities,

including the interconnection between community anchor institutions.

(b)  A recipient of money under the grant program:


(I)  Shall not use the money to deploy last-mile broadband infrastructure or to

provide broadband internet service as defined in section 40-15-102 (3.5); except that an Indian tribe or nation awarded grant money may use the grant money to deploy last-mile broadband infrastructure; and

(II)  Is encouraged to contract with the owner of:


(A)  Any existing broadband infrastructure located in the area to be served by

the recipient's proposed project to lease any excess capacity or obtain a right-of-way from the owner in order to attach the recipient's own broadband facilities in the right-of-way; or

(B)  Any existing electric easement, as that term is defined in section 40-15-601 (5), located in the area to be served by the recipient's proposed project to lease

any excess capacity or install a broadband facility in the electric easement pursuant to part 6 of article 15 of title 40.

(c)  The interconnectivity grant program fund is hereby created in the state

treasury and consists of money the state received from the federal coronavirus state fiscal recovery fund created in the federal American Rescue Plan Act of 2021, Pub.L. 117-2; money transferred to the fund from the ARPA refinance state money cash fund pursuant to section 24-75-226.5; and any money that the general assembly may appropriate to the fund. Within three days after June 28, 2021, the state treasurer shall transfer five million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a) to the fund for use by the division for the purpose of reviewing and awarding grants under the grant program. The money in the fund is subject to appropriation by the general assembly.

(d)  With respect to grants awarded from money transferred to the

interconnectivity grant program fund from the economic recovery and relief cash fund created in section 24-75-228 (2)(a) or from the ARPA refinance state money cash fund created in section 24-75-226.5, grants may only be awarded for broadband projects that, pursuant to treasury department interim regulations implementing the federal American Rescue Plan Act of 2021, Pub.L. 117-2, provide broadband infrastructure that is designed to provide service to unserved or underserved households and businesses and that is designed to, upon completion:

(I)  Reliably meet or exceed symmetrical one hundred megabits per second

download and upload speeds; or

(II)  In cases where it is not practicable, because of the excessive cost of the

project or geography or topography of the area to be served by the project, provide service meeting the standards set forth in subsection (7)(d)(I) of this section that:

(A)  Reliably meets or exceeds one hundred megabits per second download

speed and is between at least twenty megabits per second and one hundred megabits per second upload speed; and

(B)  Is scalable to a minimum of one hundred megabits per second download

speed and one hundred megabits per second upload speed.

(e)  If the treasury department modifies its interim regulations implementing

the federal American Rescue Plan Act of 2021, Pub.L. 117-2, grants awarded pursuant to subsection (7)(d) of this section may only be awarded for broadband projects that comply with the modified federal regulations.

(f)  As used in subsection (7)(d) of this section, unserved or underserved

households and businesses means one or more households or businesses that are not currently served by a wireline connection that reliably delivers at least twenty-five megabits per second downstream and three megabits per second upstream.

(g)  On or before January 1, 2022, and within six months after a state fiscal

year in which the division awards one or more grants for broadband deployment, whether or not awarded under the grant program, the division shall submit a report to the Colorado broadband office regarding grants awarded in the most recent state fiscal year. Reports submitted under this subsection (7)(g) must include:

(I)  For each project awarded grant money:


(A)  A description of the project, including a description of the use of the

grant money in providing broadband;

(B)  A summary of the progress made on the project;


(C)  The estimated completion date for the project or, if already completed,

the date of completion;

(D)  A map of the areas to be served or already served by the project; and


(E)  The type of technology deployed or used for broadband provided through

the project;

(II)  The number of grant applicants, the amounts of grant money requested

by each applicant, the number of grants awarded, and the amounts of grant money awarded to each applicant that receives an award; and

(III)  The amount of money expended for grant awards versus the amount of

money obligated but not yet expended for grant awards.

(8)  The division shall administer the infrastructure and strong communities

grant program created in section 24-32-133. In connection with the administration of the grant program, the division shall consult with the Colorado energy office created in section 24-38.5-101 (1) and the department of transportation created in section 43-1-103 (1).

Source: L. 66: p. 121, � 4. C.R.S. 1963: � 3-22-4. L. 68: p. 34, � 1. L. 77: (1)(j)

added, p. 1034, � 2, effective July 1. L. 81: (1)(k) added, p. 1395, � 4, effective June 19. L. 92: (1)(j) and (1)(k) amended and (1)(l) added, p. 1011, � 3, effective March 12. L. 93: (1)(k) repealed, p. 1784, � 55, effective June 6. L. 2015: (2) added, (HB 15-1225), ch. 187, p. 622, � 3, effective May 13. L. 2019: (1)(m) added, (SB 19-057), ch. 35, p. 115, � 10, effective August 2. L. 2020: (3) added, (HB 20-1019), ch. 9, p. 25, � 4, effective March 6. L. 2021: (6) added, (SB 21-252), ch. 242, p. 1300, � 2, effective June 16; (4) and (5) added, (HB 21-1271), ch. 356, p. 2317, � 2, effective June 27; (1)(n) and (7) added, (HB 21-1289), ch. 371, p. 2460, � 13, effective June 28. L. 2022: (8) added, (HB 22-1304), ch. 290, p. 2084, � 6, effective June 1. L. 2023: (5) amended, (HB 23-1301), ch. 303, p. 1825, � 33, effective August 7. L. 2024: (7)(c) and IP(7)(d) amended, (HB 24-1466), ch. 429, p. 2937, � 17, effective June 5.

Cross references: For the legislative declaration in HB 15-1225, see section 1

of chapter 187, Session Laws of Colorado 2015. For the legislative declaration in HB 21-1289, see section 1 of chapter 371, Session Laws of Colorado 2021. For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021. For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

C.R.S. § 24-32-3302

24-32-3302. Definitions. As used in this part 33, unless the context otherwise requires:

(1)  Authorized quality assurance representative means any quality

assurance representative approved by the division pursuant to section 24-32-3303 (1)(c).

(2)  Board means the state housing board created in section 24-32-706.


(3)  Certificate of installation means a certificate issued by the division for

an installation that complies with this part 33 and rules that the board adopts under this part 33.

(4)  Certified installer means an installer of manufactured homes or tiny

homes that:

(a)  Is registered with the division;


(b)  Has installed at least five manufactured homes or tiny homes in

compliance with the manufacturer's instructions or standards created by the division pursuant to this part 33; and

(c)  Has been approved by the division for certified status.


(5)  Repealed.


(6)  Defect means any deviation in the performance, construction,

components, or material of a manufactured home, tiny home, or factory-built structure that renders the manufactured home, tiny home, or factory-built structure or any part of the manufactured home, tiny home, or factory-built structure not fit for the ordinary use for which it was intended.

(6.5)  Delivery means, for purposes of section 24-32-3325, at a location

agreed to by the seller and purchaser.

(7)  Repealed.


(8)  Division means the division of housing created in section 24-32-704.


(9)  Factory-built nonresidential structure means any structure or

component, including any closed panel system, designed primarily for commercial, industrial, or other nonresidential use, either permanent or temporary, including a manufactured unit that is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a permanent or temporary foundation at the building site.

(10)  Factory-built residential structure means a manufactured home,

including any closed panel system, constructed to the building codes adopted by the board and designed to be installed on a permanent foundation, except for homes constructed to a federal manufactured home construction and safety standard and any home designated as a mobile home.

(11)  Factory-built structure means:


(a)  A factory-built nonresidential structure;


(b)  A factory-built residential structure; and


(c)  A factory-built tiny home.


(12)  Federal act means the National Manufactured Housing Construction

and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq.

(13)  Federal manufactured home construction and safety standard means

any standard promulgated by the secretary of the United States department of housing and urban development pursuant to the federal act.

(14)  Imminent safety hazard means an imminent and unreasonable risk of

death or severe personal injury.

(15)  Independent contractor means a local government, individual, private

firm, housing inspector, or engineer who has been approved by the division to perform or enforce installation inspections.

(16) (a)  Installation means the placement of a manufactured home or tiny

home on a permanent or temporary foundation system.

(b)  Installation includes supporting, blocking, leveling, securing, or

anchoring the home and connecting multiple or expandable sections of the home.

(17)  Installer means any person or business entity authorized to perform

the installation of:

(a)  A manufactured home, which includes multifamily structures, for those

with the knowledge, experience, and skills to do so; or

(b)  A tiny home.


(18)  Local government means the government of a town, city, county, or

city and county that is the designated authority charged with the administration and enforcement of local building codes.

(19)  Manufacture means the process of making, fabricating, constructing,

forming, or assembling a product from raw, unfinished, or semi-finished materials.

(20)  Manufactured home means any preconstructed building unit or

combination of preconstructed building units or closed panel systems that:

(a)  Includes electrical, mechanical, or plumbing services that are fabricated,

formed, or assembled at a location other than the site of the completed home;

(b)  Is designed for residential occupancy in either temporary or permanent

locations;

(c)  Is constructed in compliance with the federal act, factory-built residential

requirements, including those for multi-family structures, or mobile home standards;

(d)  Is not self-propelled; and


(e)  Is not licensed as a recreational vehicle.


(21)  Manufactured home construction means all activities relating to the

assembly, manufacture, major repair, or alteration of a manufactured home, including but not limited to activities relating to durability, quality, and safety.

(22)  Manufactured home safety means the performance of a manufactured

home in such a manner that the public is protected against any unreasonable risk of occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if accidents do occur.

(23)  Manufacturer means any person who constructs or assembles a

manufactured residential or nonresidential structure in a factory or other off-site location.

(24)  Mobile home means a manufactured home built prior to the adoption

of the federal act.

(24.5)  Mobile home park has the meaning set forth in section 38-12-201.5

(6).

(25)  Modular home means a factory-built residential structure.


(26)  Owner means the owner of a manufactured home or tiny home.


(26.5)  Permanent foundation means a structure that is designed or

intended to:

(a)  Support a building from underneath;


(b)  Keep a building firmly affixed to the ground;


(c)  Prevent the building from moving; and


(d)  Not be removed from the ground or building.


(27)  Principal means an officer of a corporation, a member of a limited

liability company, a general partner of a partnership, the sole proprietor of a sole proprietorship, or any other person who has a financial interest of ten percent or more in any legal or commercial entity.

(28)  Production review means an evaluation of a manufacturer and a

facility's ability to follow approved plans, standards, codes, and quality control procedures during manufacture.

(29)  Purchaser means a person purchasing a manufactured home or tiny

home if either is purchased in good faith for purposes other than resale.

(30)  Quality assurance representative means any state, firm, corporation,

or other entity that proposes to conduct production reviews, evaluate a manufacturer's quality control procedures, and perform design evaluations.

(31)  Registered installer means an installer who has registered with the

division, but who has not applied for and been approved by the division for certified status.

(32)  Secretary means the secretary of the United States department of

housing and urban development.

(32.5)  Seller means any person engaged in the business of selling

manufactured homes to be installed in Colorado or tiny homes to be occupied or installed in Colorado.

(33)  Site means the entire tract, subdivision, or parcel of land on which

manufactured homes or tiny homes are installed.

(34)  Temporary foundation means a structure that is designed or intended

to:

(a)  Support a building from underneath;


(b)  Keep a building firmly affixed to the ground;


(c)  Prevent the building from moving; and


(d)  Be removable from the ground or building.


(35) (a)  Tiny home means a structure that:


(I)  Is permanently constructed on a vehicle chassis;


(II)  Is designed for long-term residency;


(III)  Includes electrical, mechanical, or plumbing services that are fabricated,

formed, or assembled at a location other than the site of the completed home;

(IV)  Is not self-propelled; and


(V)  Has a square footage of not more than four hundred square feet.


(b)  Tiny home does not include:


(I)  A manufactured home;


(II)  A recreational park trailer as defined in section 24-32-902 (8);


(III)  A recreational vehicle as defined in section 24-32-902 (9);


(IV)  A semitrailer as defined in section 42-1-102 (89); or


(V)  An intermodal shipping container.


Source: L. 2003: Entire part added, p. 533, � 2, effective March 5. L. 2021:

(4), (9), (10), (15), (17), (18), IP(20), (20)(c), (30), and (31) amended, (5) and (7) repealed, and (6.5) and (32.5) added, (HB 21-1019), ch. 122, p. 466, � 2, effective September 7. L. 2022: (3), (4), (6), (11), (16), (17), (20)(a), (20)(d), (26), (29), (30), (32.5), and (33) amended and (24.5), (26.5), (34), and (35) added, (HB 22-1242), ch. 172, p. 1118, � 2, effective August 10. L. 2025: IP(17) amended, (SB 25-002), ch. 172, p. 714, � 5, effective May 8.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3304

24-32-3304. State housing board - powers and duties - rules. (1) The board has the following powers and duties pursuant to this part 33:

(a)  To promulgate uniform construction and maintenance standards for

hotels, motels, and multiple-family dwellings in those areas of the state where no standards exist;

(b)  To promulgate uniform construction standards for factory-built

residential and nonresidential structures;

(c)  To develop and submit to the general assembly and local governments

recommendations for uniform housing standards and building codes;

(d)  To promulgate rules establishing standards for the installation and setup

of manufactured housing units;

(e)  To promulgate rules establishing specific standards for the use of private

inspection and certification entities to perform the division's certification and inspection functions with respect to in-state and out-of-state inspections of factory-built structures. The standards must allow, consistent with section 13 of article XII of the state constitution, the provisions of part 5 of article 50 of this title 24, and the rules of the state personnel board, for the use of private inspection and certification entities when the entities are available at a reasonable cost. The standards cannot prohibit a manufacturer from having the option to contract with the division or an authorized quality assurance representative to perform inspection and certification functions.

(f)  To promulgate rules establishing standards for tiny homes that cover the

manufacture of, assembly of, and installation of tiny homes;

(g)  To promulgate uniform foundation construction standards for

manufactured homes, factory-built structures, or tiny homes in those areas of the state where no standards exist; and

(h)  On or before July 1, 2026, to adopt rules:


(I) (A)  Establishing regional building code standards accounting for local

climatic and geographic conditions, and fire protection and suppression activities for the construction and installation of factory-built structures developed by the advisory committee created in section 24-32-3305 (3), which shall supersede a conflicting ordinance, code, regulation, or other law of a local government unless a local government adopts the rules issued by the board;

(B)  The regional building codes standards shall include, at a minimum, wind

shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.

(II)  Establishing requirements based on the recommendations developed by

the advisory committee created in section 24-32-3305 (3), including the continued authorization of a local government certified by the division to perform inspections of a factory-built structure on behalf of the division;

(III)  Establishing requirements based on the recommendations developed by

the advisory committee created in section 24-32-3305 (3), including registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site, including offering education, training, and certification opportunities;

(A)  A building contractor, as defined in section 30-11-125 (1)(a), is not

required to be registered with or certified by the state when conducting business in a jurisdiction with an established licensing program for building contractors; and

(B)  A building contractor, as defined in section 30-11-125 (1)(a), licensed by a

local government shall complete education and training about factory-built construction as developed by the division of housing and administered in collaboration with the local government;

(IV)  Covering electrical or plumbing codes required to undertake or complete

the construction or installation of a factory-built structure;

(V)  Allowing the division to contract for third-party review and approval of a

final design and construction plan for a factory-built structure on behalf of the division;

(VI)  Allowing the division to create a process for vetting and approving the

ability of a third party to review and approve a final design and construction plan for a factory-built structure on behalf of the division; and

(VII)  Requiring the division to cause an audit to be performed on a third party

that reviews and approves design and construction plans, on a third party that conducts inspections on its behalf, of contracts of sellers to verify compliance, and to ensure protection of down payments made by purchasers that are retained by the seller or manufacturer.