Colorado Real Estate Licensing Law
Colorado Code · 599 sections
The following is the full text of Colorado’s real estate licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.
C.R.S. § 10-1-102
10-1-102. Definitions. As used in this title 10, unless the context otherwise requires:
(1) Actuary means a person designated by the commissioner as a qualified
actuary based on requirements set forth in rules promulgated by the commissioner.
(2) Admitted assets includes the investments that are admitted assets of a
domestic company under parts 1 and 2 of article 3 and part 4 of article 7 of this title and, in addition thereto, includes:
(a) Those assets defined as admitted by nationally recognized insurance
statutory accounting principles; and
(b) Other assets deemed by the commissioner to be available for the
payment of losses and claims, at values to be determined by the commissioner.
(3) Admitted company or authorized company designates companies
duly qualified and licensed to transact business in this state, under the provisions of this title. Nonadmitted companies or unauthorized companies designates companies not licensed to transact business in this state, under the provisions of this title (except article 15) and article 14 of title 24, C.R.S.
(3.5) Bail insurance company means an insurer engaged in the business of
writing bail bonds through bonding agents and subject to regulation by the division.
(3.7) Bail recovery means actions taken by a person other than a peace
officer to apprehend an individual or take an individual into custody because of the individual's failure to comply with bail conditions.
(4) Charitable gift annuity means an annuity that:
(a) Meets the definition and standards contained in section 501 (m)(5) of the
federal Internal Revenue Code of 1986, as amended;
(b) Contains on its face the following statement: This annuity is not issued
by an insurance company nor regulated by the Colorado division of insurance and is not protected by any state guaranty fund or protective association.
(c) Is issued or guaranteed by an organization that at all times during the
three years preceding the date of the issuance of such annuity:
(I) Was qualified to receive contributions described in section 170 (c) of the
federal Internal Revenue Code of 1986, as amended; and
(II) If required as a condition of such qualification by provisions of the federal
Internal Revenue Code of 1986, as amended, was in receipt of notification from the federal internal revenue service that such organization was so qualified.
(5) Commissioner or insurance commissioner means the commissioner of
insurance.
(6) (a) Company, corporation, insurance company, or insurance
corporation includes all corporations, associations, partnerships, or individuals engaged as insurers in the business of insurance, including the attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange, or suretyship except fraternal or benevolent orders and societies.
(b) Company, corporation, insurance company, or insurance
corporation does not include health maintenance organizations unless the specific provision of law by its terms applies to health maintenance organizations.
(c) For the purposes of a company, corporation, or insurance company,
a reciprocal insurer shall be considered a single economic entity.
(6.5) Disqualified insurance company means a company licensed as a
captive insurance company under the laws of this state or the laws of another jurisdiction with gross receipts for the taxable year that consist fifty percent or less of premiums from arrangements that constitute insurance for federal income tax purposes.
(7) Division means the division of insurance.
(8) Domestic designates those companies incorporated or formed in this
state.
(9) Foreign, when used without limitation, includes all those companies
formed by authority of any other state or government.
(10) Institution means any entity including, but not limited to, a corporation,
a joint-stock company, a limited liability company, an association, a bank, a trust, a partnership, a joint venture, a special district, a government, or a quasi-governmental agency.
(11) Insurable interest in property means every interest in property or any
relation thereto, or liability in respect thereof, of such a nature that a contemplated peril might directly damnify the insured.
(12) Insurance means a contract whereby one, for consideration,
undertakes to indemnify another or to pay a specified or ascertainable amount or benefit upon determinable risk contingencies, and includes annuities.
(13) Insurer means every person engaged as principal, indemnitor, surety,
or contractor in the business of making contracts of insurance.
(14) Motor vehicle rental agreement means an agreement for the rental of
a motor vehicle for transportation purposes, for a period of no more than ninety days, in return for a fee that is calculated on a daily, weekly, or monthly basis.
(15) Motor vehicle rental company means an entity that is in the business
of renting, pursuant to motor vehicle rental agreements, motor vehicles that do not come within the definition of a commercial motor vehicle as set forth in section 42-2-402 (4), C.R.S.
(16) Nonadmitted assets includes, but is not limited to, those assets
defined as nonadmitted by nationally recognized insurance statutory accounting principles. Nonadmitted assets shall not be taken into account in determining the financial condition of a company.
(17) (a) Qualified United States financial institution means an institution
that is:
(I) Organized or, in the case of a United States office of a foreign banking
organization, licensed under the laws of the United States or any state thereof; and
(II) Regulated, supervised, and examined by United States federal or state
authorities having regulatory authority over banks, trust companies, or savings and loan associations.
(b) If any qualified United States financial institution issues letters of credit,
such institution shall have been determined by either the commissioner or the securities valuation office of the national association of insurance commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the commissioner.
(c) If any qualified United States financial institution operates a trust, such
institution shall be eligible to operate as a fiduciary of a trust and shall have been granted authority to operate with fiduciary powers.
(18) Real estate and real property include fee simple and leasehold
estates therein.
(19) Transact as applied to insurance means and includes any of the
following:
(a) Solicitation and inducement;
(b) Negotiations preliminary to effectuation of a contract of insurance;
(c) Execution of a contract of insurance;
(d) Transaction of matters subsequent to effectuation of a contract of
insurance and arising out of the contract obligations.
Source: L. 2003: Entire article RC&RE, p. 587, � 1, effective July 1. L. 2004:
(3) amended, p. 897, � 5, effective May 21. L. 2012: (3) amended and (3.5) and (3.7) added, (HB 12-1266), ch. 280, p. 1491, � 1, effective July 1. L. 2021: IP amended and (6.5) added, (HB 21-1311), ch. 298, p. 1785, � 11, effective June 23.
Editor's note: This section is similar to former � 10-1-102 as it existed prior to
2002.
Cross references: For the legislative declaration in HB 21-1311, see section 1
of chapter 298, Session Laws of Colorado 2021.
C.R.S. § 10-10-117
10-10-117. Insurance expense not computed as cost of loan. In connection with insurance which is permitted under this article, the premium and any gain or advantage to the creditor, or to any employee, affiliate, or associate of the creditor, from such insurance or its sale shall not be deemed to be an additional or further interest, discount, or charge, and the creditor may receive commissions on the premium paid for such insurance if the creditor or an employee of the creditor is a duly licensed insurance broker or agent under the insurance laws of the state of Colorado.
Source: L. 69: p. 541, � 17. C.R.S. 1963: � 72-28-17.
Cross references: Agents and brokers referenced in this section are referred
to as insurance producers, pursuant to part 4 of article 2 of this title 10. (See chapter 257, Session Laws of Colorado 1993.)
C.R.S. § 10-11-102
10-11-102. Definitions. As used in this article 11, unless the context otherwise requires:
(1) Affiliate or subsidiary means a person who directly or indirectly,
through one or more intermediaries:
(a) Controls a title insurance agent or title insurance company;
(b) Is controlled by a title insurance company; or
(c) Is under common control with a title insurance agent or title insurance
company.
(1.3) Affiliated business arrangement means an arrangement in which:
(a) (I) A settlement producer or an associate of such producer has either an
affiliate relationship with, or a direct beneficial ownership interest of more than one percent in, a title insurance company or title insurance agent; or
(II) A title insurance company or a title insurance agent who has either an
affiliate relationship with, or a direct beneficial ownership interest of more than one percent in a settlement producer; and
(b) (I) Either the settlement producer or the agent of the settlement producer
directly or indirectly refers settlement service business to that title insurance company or title insurance agent or affirmatively influences the selection of that title insurance company or title insurance agent; or
(II) Either the title insurance company or the title insurance agent directly or
indirectly refers settlement services business to a settlement producer or associate or affirmatively influences the selection of the settlement producer or associate.
(1.5) Alien title insurance company means a title insurance company
incorporated or organized under the laws of a foreign nation, or of any province or territory thereof, not included under the definition of a foreign title insurance company.
(2) Applicants for insurance includes all those, whether or not a
prospective insured, who from time to time apply to a title insurance company, or to its agent, for title insurance and who at the time of such application are not agents for a title insurance company.
(2.5) Associate means a person who has one or more of the following
relationships with a person in a position to refer settlement service business:
(a) A spouse, parent, or child of such person;
(b) A corporation or business entity that controls, is controlled by, or is under
common control with such person;
(c) An employer, officer, director, partner, franchiser, or franchisee of such
person; or
(d) Anyone who has an agreement, arrangement, or understanding with such
person, the purpose or substantial effect of which is to enable the person in a position to refer settlement service business to benefit financially from referrals of such business.
(3) The business of title insurance means the making or proposing to make,
as insurer, guarantor, or surety, of any contract or policy of title insurance; or the transacting or proposing to transact, as insurer, guarantor, or surety, any phase of title insurance, including solicitation, negotiation preliminary to execution, execution of a contract of title insurance, and transacting matters subsequent to the execution of the contract and arising out of it, including reinsurance, and the performance of closing and settlement services by a title insurance company or title insurance agent in conjunction with the issuance of any contract or policy of title insurance.
(3.5) Closing and settlement services means providing services for the
benefit of all necessary parties in connection with the sale, leasing, encumbering, mortgaging, creating a secured interest in and to real property, and the receipt and disbursement of money in connection with any sale, lease, encumbrance, mortgage, or deed of trust.
(3.6) Repealed.
(3.7) Gap coverage means insuring, guaranteeing, or indemnifying owners
of real property, or others interested therein, against loss or damage suffered by reason of matters appearing of record in the office of the clerk and recorder subsequent to the date of issuance of a title insurance commitment and prior to the recording of closing documents for the real property concerned.
(3.9) Net admitted assets means the title insurance company's net
admitted assets as reported pursuant to section 10-3-208.
(4) Net retained liability means the total liability retained by a title
insurance company under any policy or contract of insurance, or under a single insurance risk as defined in or computed in accordance with subsection (7) of this section, after the purchase of reinsurance.
(5) Premium for title insurance is the amount charged by a title insurance
company, agent for a title insurance company, or either of them to an insured or an applicant for insurance for the assumption by the title insurance company of the risk created by the issuance of the title insurance policy, including the cost of doing business and a reasonable profit, but excluding service charge, if any.
(6) Service charge is the amount charged by a title insurance company,
agent for a title insurance company, or either of them to an insured or an applicant for insurance to cover the cost of procuring and examining evidence of title.
(6.5) (a) Settlement producer means a person who is in a position to refer
business that is incident to or a part of a settlement service. Settlement producer includes, but is not limited to, a person who:
(I) Buys or sells an interest in real property;
(II) Lends or borrows moneys with an interest in real property as security;
(III) Acts as an agent, representative, attorney, or employee of a person who:
(A) Buys or sells an interest in real property; or
(B) Lends or borrows moneys with an interest in real estate as security;
(IV) Is an associate of a person described in this subsection (6.5).
(b) Nothing in this subsection (6.5) shall be construed to include a title
insurance company or a title insurance agent.
(6.7) Settlement service means any service provided in connection with a
real estate settlement. Settlement services include, but are not limited to, the following:
(a) Title searches;
(b) Title examinations;
(c) The provision of title certificates;
(d) Title insurance;
(e) Services rendered by an attorney;
(f) The preparation of title documents;
(g) Property surveys;
(h) The rendering of credit reports or appraisals;
(i) Pest and fungus inspections;
(j) Services rendered by a real estate broker;
(k) Services rendered by a real estate appraiser;
(l) Home inspection services;
(m) The origination of a loan;
(n) The taking of a loan application;
(o) Processing of a loan;
(p) Underwriting and funding of a loan;
(q) Escrow handling services;
(r) The handling of the processing; and
(s) Closing of settlement.
(7) Single insurance risk means the insured amount of any policy or
contract of title insurance issued by a title insurance company unless two or more policies or contracts are simultaneously issued on different estates in identical real property, in which event, it means the sum of the insured amounts of all such policies or contracts. Any such policy or contract that insures a mortgage interest that is excepted in a fee or leasehold policy or contract, and which does not exceed the insured amount of such fee or leasehold policy or contract, shall be excluded in computing the amount of a single insurance risk.
(8) Title insurance means insuring, guaranteeing, or indemnifying owners
of real property or others interested therein against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to said property.
(8.5) Title insurance agency means a corporation, partnership, foreign
entity, or domestic entity as those terms are defined in section 7-90-102, or association or other legal entity that transacts the business of title insurance.
(9) Title insurance agent means a person authorized by a title insurance
company to solicit insurance or to collect premiums or to issue or countersign policies in its behalf.
(10) Title insurance company means any domestic company organized
under the provisions of this article for the purpose of insuring titles to real property; any title insurance company organized under the laws of another state or foreign nation and licensed to insure titles to real estate within this state; and any domestic, foreign, or alien company having the power and authorized to insure titles to real estate within this state on or before July 1, 1969, and which meets the requirements of this article.
(11) Title insurance entity means a title insurance agent, title insurance
agency, or title insurance company.
Source: L. 69: p. 520, � 1. C.R.S. 1963: � 72-26-2. L. 87: (3) amended and (3.5)
and (3.7) added, p. 446, � 1, effective April 30. L. 2006: (1) amended and (1.5), (2.5), (6.5), and (6.7) added, p. 264, � 1, effective July 1. L. 2015: (1.3), (3.6), and (3.9) added, (SB 15-210), ch. 292, p.1190, � 1, effective August 5. L. 2018: IP amended and (8.5) and (11) added, (SB 18-125), ch. 73, p. 640, � 1, effective March 29. L. 2025: (3.6) repealed, (SB 25-277), ch. 244, p. 1235, � 4, effective August 6.
Editor's note: (1) Subsection (1) was originally numbered as subsection (1.3)
in Senate Bill 15-210 but has been renumbered on revision for ease of location.
(2) Subsection (8.5) was numbered as subsection (9.5) in Senate Bill 18-125
but has been renumbered on revision for ease of location.
C.R.S. § 10-11-107
10-11-107. Powers. (1) Every title insurance company has the following powers:
(a) To do the business defined in section 10-11-102 (3) and (8);
(b) To own, manage, and maintain sets of abstract books and to make,
compile, and sell abstracts of title to real estate;
(c) To acquire by purchase or otherwise, and to hold, sell, mortgage, or
otherwise dispose of, real estate and personal property, or any interest therein, either within or without the state of Colorado and to loan or borrow money upon such real estate or personal property.
Source: L. 69: p. 522, � 1. C.R.S. 1963: � 72-26-7. L. 83: (1)(b) amended, p. 512,
� 1, effective May 16.
C.R.S. § 10-11-108
10-11-108. Prohibitions. (1) A title insurance company or title insurance agent shall not:
(a) Engage in the business of guaranteeing the payment of the principal or
the interest of bonds, notes, or other obligations;
(b) Transact, underwrite, or issue any kind of insurance other than title
insurance;
(c) Give or receive or attempt to give or receive remuneration in any form
pursuant to any agreement or understanding, oral or otherwise, for the referral of title insurance business;
(d) Give or receive or attempt to give or receive any portion or percentage of
any charge made or received in connection with the business of title insurance if such charge is not for services actually rendered. For purposes of this article, services actually rendered shall include but not be limited to a reasonable examination of a title, including instruments of record, and a determination of insurability of such title in accordance with sound underwriting practices; services actually rendered shall not include the mere referral of title insurance business.
(2) Nothing in this article, or in any other provision of law governing the
insurance industry, shall be construed to prohibit:
(a) Compensation by a title insurance company of an attorney who is
licensed to practice in Colorado for services actually rendered in connection with a real estate transaction, regardless of whether such attorney represents a client in such real estate transaction. Compensation of the attorney for services actually rendered shall not include the payment of an hourly fee paid by the client combined with a payment from the title insurance company for the same service; except that prior to issuing any title insurance commitment, such attorney shall disclose to any party represented by such attorney in the transaction for which the commitment shall be issued that such attorney may be compensated for the issuance of such title insurance commitment.
(b) Payment to any person of a bona fide salary or compensation for payment
of goods and facilities actually furnished or for services actually rendered.
(3) Any party to a transaction which is subject to this section shall have a
right of action for any actual loss or damage resulting from any violation of this section.
Source: L. 69: p. 522, � 1. C.R.S. 1963: � 72-26-8. L. 92: Entire section
amended, p. 1748, � 1, effective April 24.
C.R.S. § 10-11-114
10-11-114. Legal investments and admitted assets. (1) Title insurance companies shall comply with the investment requirements for other insurance companies under the laws of this state but, in addition, may invest in a title plant. Such title plant shall be considered an admitted asset as provided by nationally recognized insurance statutory accounting principles. The real estate in which the title plant is housed shall be considered an investment under section 10-3-218. Subject to the limitations of this section and with the approval of the commissioner, a title insurance company may enter into agreements with one or more other title insurance companies authorized to do business in this state whereby such companies shall participate in the ownership, management, and control of a title plant to serve the needs of all such companies, or such companies may hold stock of a corporation owning and operating a title plant for such purposes.
(2) A title insurance company shall include as an admitted asset accounts
receivable relating to gross premiums, less agent retention, in the course of collection. Accounts receivable that are more than ninety days past due from the date of notification of the issuance of the policy shall not be included as an admitted asset.
Source: L. 69: p. 525, � 1. C.R.S. 1963: � 72-26-14. L. 2001: Entire section
amended, p. 287, � 12, effective March 30.
Cross references: For the regulation of insurance company's investments,
see �� 10-3-213 to 10-3-237.
C.R.S. § 10-11-122
10-11-122. Title commitments - rules. (1) Every title insurance agent or title insurance company shall provide, along with each commitment for an owner's policy of title insurance pertaining to a sale of residential real property as defined in section 39-1-102 (14.5), C.R.S., a statement disclosing the following information:
(a) That the subject real property may be located in a special taxing district;
(b) That a certificate of taxes due listing each taxing jurisdiction will be
obtained from the county treasurer of the county in which the subject real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary; and
(c) That information regarding special districts and the boundaries of such
districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor.
(2) Failure of a title insurance agent or a title insurance company to provide
the statement required by subsection (1) of this section shall subject such agent or company to the penalty provisions of section 10-3-111 but shall not affect or invalidate any provisions of the commitment for title insurance.
(3) (a) Before issuing any owner's policy of title insurance pertaining to a sale
of residential real property, unless the proposed insured provides written instructions to the contrary, a title insurance agent or title insurance company shall obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.
(b) To address circumstances in which a certificate of taxes cannot be
obtained from the county treasurer or the county treasurer's authorized agent during the period in which the county treasurer is certifying the tax rolls, the commissioner of insurance shall promulgate rules, in accordance with article 4 of title 24, C.R.S., that identify alternative documentation that may be used and relied upon during that period. If a title insurance agent or title insurance company uses alternative documentation during this period, the agent or company shall obtain a tax certificate when it becomes available from the county treasurer or the county treasurer's authorized agent.
(4) (a) If a title insurance agent or title insurance company is required to
provide the statement required by subsection (1) of this section, the agent or company shall also provide a statement substantially as follows:
COLORADO NOTARIES MAY REMOTELY NOTARIZE REAL ESTATE DEEDS AND OTHER DOCUMENTS USING REAL-TIME AUDIO-VIDEO COMMUNICATION TECHNOLOGY. YOU MAY CHOOSE NOT TO USE REMOTE NOTARIZATION FOR ANY DOCUMENT.
(b) Failure of a person to provide the statement required by this subsection
(4) does not subject the person to any liability under this article 11 or to the penalty provisions of section 10-3-111 and does not affect or invalidate any provisions of the commitment for title insurance.
Source: L. 91: Entire section added, p. 779, � 1, effective June 4. L. 92: (3)
amended, p. 2167, � 5, effective June 2; IP(1), (1)(b), and (2) amended, p. 994, � 3, effective July 1. L. 2013: (3)(b) amended, (SB 13-119), ch. 192, p. 788, � 1, effective October 1; IP(1), (1)(b), and (3)(a) amended, (SB 13-119), ch. 192, p. 788, � 1, effective January 1, 2015. L. 2020: (4) added, (SB 20-096), ch. 130, p. 567, � 8, effective December 31.
Cross references: For the legislative declaration in SB 20-096, see section 1
of chapter 130, Session Laws of Colorado 2020.
C.R.S. § 10-11-124
10-11-124. Affiliated business arrangements - rules - investigative information shared with division of real estate. (1) (a) An affiliated business arrangement is permitted where the person referring business to the affiliated business arrangement receives payment only in the form of a return on an investment and where it does not violate the provisions of section 10-11-108 (1).
(b) A title insurance company or a title insurance agent making a referral as
part of an affiliated business arrangement shall disclose the affiliation in accordance with the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. sec. 2601 et seq.
(c) Neither a title insurance company nor a title insurance agent shall require
the use of an affiliated business arrangement or a particular settlement producer as a condition of obtaining title insurance services from the company or agent. For the purposes of this paragraph (c), require the use shall have the same meaning as required use in 12 CFR 1024.2.
(2) The commissioner may promulgate rules concerning the creation and
conduct of an affiliated business arrangement, including, but not limited to, rules defining what constitutes a sham affiliated business arrangement. Nothing in this subsection (2) shall be construed to increase a fee or create a licensure program for affiliated business arrangements. The commissioner shall adopt the rules, policies, or guidelines issued by the United States department of housing and urban development concerning the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. sec. 2601 et seq. Rules adopted by the commissioner shall be at least as stringent as the federal rules and shall ensure that consumers are adequately informed about affiliated business arrangements. The commissioner shall consult with the real estate commission pursuant to section 12-10-218 (5) concerning rules the real estate commission may promulgate concerning affiliated business arrangements. Neither the rules promulgated by the commissioner nor the real estate commission may create a conflicting regulatory burden on an affiliated business arrangement.
(3) The division may share information gathered during an investigation of an
affiliated business arrangement with the division of real estate.
Source: L. 2006: Entire section added, p. 266, � 2, effective July 1. L. 2007:
(1)(b) and (2) amended, p. 2019, � 10, effective June 1. L. 2019: (2) amended, (HB 19-1172), ch. 136, p. 1652, � 38, effective October 1. L. 2020: (1)(c) amended, (HB 20-1402), ch. 216, p. 1043, � 15, effective June 30.
C.R.S. § 10-11-125
10-11-125. Fees, salaries, compensation, or other payments. (1) Nothing in section 10-11-124 or 10-11-126 shall be construed to prohibit payment of a fee to:
(a) An attorney for services actually rendered;
(b) A title insurance company to its duly appointed agent for services
actually performed in the issuance of a policy of title insurance; or
(c) A lender to its duly appointed agent for services actually performed in
the making of a loan.
(2) Nothing in section 10-11-124 or 10-11-126 shall be construed to prohibit
payment to any person of:
(a) A bona fide salary or compensation or other payment for goods or
facilities actually furnished or for services actually performed; or
(b) A fee pursuant to cooperative brokerage and referral arrangements or
agreements between real estate brokers.
(3) It shall not be a violation of section 10-11-124:
(a) For an affiliated business arrangement to require a buyer, borrower, or
seller to pay for the services of any attorney, credit reporting agency, or real estate appraiser chosen by the lender to represent the lender's interest in a real estate transaction; or
(b) For an affiliated business arrangement where an attorney or law firm
represents a client in a real estate transaction and issues or arranges for the issuance of a policy of title insurance in the transaction directly as agent or through a separate corporate title insurance agency that may be established by that attorney or law firm and operated as an adjunct to his or her law practice.
Source: L. 2006: Entire section added, p. 267, � 2, effective July 1.
C.R.S. § 10-11-126
10-11-126. Affiliated business arrangements - enforcement - penalties. (1) The commissioner shall have the same remedies available to him or her as those available to the administrator of the department of housing and urban development in the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. sec. 2607.
(2) In addition to any other remedies available to the commissioner pursuant
to this title, after notice and a hearing pursuant to section 24-4-105, C.R.S., the commissioner may assess a penalty for a violation of this article or a rule promulgated under this article. The penalty shall be the amount of remuneration improperly paid and shall be paid to the person aggrieved by the violation or apportioned among multiple aggrieved persons as determined by the commissioner.
(3) No person shall be liable for a violation of section 10-11-124 if such person
proves by a preponderance of the evidence that such violation was not intentional and resulted from a bona fide error notwithstanding maintenance of procedures that are reasonably adopted to avoid such error.
Source: L. 2006: Entire section added, p. 268, � 2, effective July 1. L. 2007: (1)
amended, p. 2020, � 11, effective June 1.
C.R.S. § 10-11-127
10-11-127. Fiduciary responsibilities of title insurance entities - definition of fiduciary funds - deceptive act or practice - rules. (1) A title insurance entity and its affiliates or subsidiaries in possession of fiduciary funds received and belonging to others shall hold those funds in a fiduciary capacity.
(2) The commissioner shall promulgate reasonable rules that are consistent
with this section and are necessary or proper to:
(a) Require the segregation and accounting of fiduciary funds;
(b) Require notice to the commissioner by title insurance companies that are
aware of a violation of the fiduciary fund segregation and accounting rules, and the appointment, suspension, or dismissal of title insurance agents; and
(c) Provide for the implementation and administration of this section.
(3) For the purposes of this section, fiduciary funds means any money
received in conjunction with closing and settlement services other than a fee charged by the title insurance company or title insurance agent to perform the closing and settlement services for a real estate transaction.
Source: L. 2018: Entire section added, (SB 18-125), ch. 73, p. 640, � 2,
effective March 29.
PART 2
TITLE INSURANCE COMMISSION
C.R.S. § 10-13-109.5
10-13-109.5. Exchange may hold and convey real estate. (1) Any reciprocal or interinsurance exchange authorized to transact business in this state may, in its own name, purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real property, or have an interest in real property, wherever situated, and may sell, convey, assign, encumber, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of such real property or interest.
(2) (a) To encumber, transfer, or otherwise affect an estate or interest in real
property in its own name, a reciprocal or interinsurance exchange shall execute and record, in the office of the clerk and recorder in the county in which such real property is located, a statement of authority that sets forth:
(I) The name of the reciprocal or interinsurance exchange;
(II) The address, including the street address, if any, of the reciprocal or
interinsurance exchange; and
(III) The name of the person or entity authorized to encumber, transfer, or
otherwise affect an estate or interest in real property in the name of the reciprocal or interinsurance exchange.
(b) The statement of authority shall be executed and acknowledged by the
secretary or assistant secretary of the reciprocal or interinsurance exchange who is not the person authorized to encumber, transfer, or otherwise affect an estate or interest in real property in the name of the reciprocal or interinsurance exchange.
(c) An official with whom a statement of authority is recorded may charge
and collect a fee for such recordation not to exceed the fee for recordation of an encumbrance or transfer of real property.
(d) After recording, a statement of authority, as it may be amended from
time to time, shall remain effective until a cancellation thereof is recorded. An amendment or cancellation of a statement of authority shall meet the requirements for execution and recording of an original statement.
(e) The recorded statement of authority, any amendment thereof, and any
cancellation thereof shall constitute prima facie evidence of the facts recited therein, the authority of the person executing such statement, amendment, or cancellation to execute and record such statement, amendment, or cancellation, and the authority of the person or entity named therein to encumber, transfer, or otherwise affect an estate or interest in real property in the name of the reciprocal or interinsurance exchange.
(3) Any contract, deed, lease, mortgage, deed of trust, purchase or sale
agreement, or any other contract, document, or instrument to be executed in the name of the reciprocal or interinsurance exchange may be executed by the person or entity designated in the recorded statement of authority of the reciprocal or interinsurance exchange.
(4) Notwithstanding the provisions of section 38-30-123, C.R.S., the power of
attorney or other authorizing document actually executed by subscribers to the reciprocal or interinsurance exchange shall not be filed or recorded in or become part of the public records.
(5) The validity of transactions described in subsection (1) of this section
entered into prior to July 1, 1996, and the rights, duties, and interests contained therein shall remain unimpaired and may be completed, confirmed, or enforced in accordance with the law or custom in effect prior to July 1, 1996, or pursuant to the terms of this section.
Source: L. 96: Entire section added, p. 145, � 1, effective April 8.
C.R.S. § 10-14-305
10-14-305. Consolidations and mergers. (1) A domestic society may consolidate or merge with any other society by complying with the provisions of this section. It shall file with the commissioner:
(a) A certified copy of the written contract containing in full the terms and
conditions of the consolidation or merger;
(b) A sworn statement by the president and secretary or corresponding
officers of each society showing the financial condition thereof on a date fixed by the commissioner but not earlier than the society's most recent financial report required pursuant to section 10-14-602;
(c) A certificate of such officers, duly verified by their respective oaths, that
the consolidation or merger has been approved by a two-thirds vote of the supreme governing body of each society, such vote being conducted at a regular or special meeting of each such body, or, if the society's governing documents so permit, by mail;
(d) Evidence that at least sixty days prior to the action of the supreme
governing body of each society, the text of the contract has been furnished to all members of each society either by mail or by publication in full in the official publication of each society; and
(e) Any other information deemed necessary by the commissioner.
(2) If the commissioner finds that the contract is in conformity with the
provisions of this section, that the financial statements are correct, and that the consolidation or merger is just and equitable to the members of each, the commissioner shall approve the contract and issue a certificate to such effect. Upon such approval, the contract shall be in full force and effect unless any society which is a party to the contract is incorporated under the laws of any other state or territory. In such event the consolidation or merger shall not become effective unless and until it has been approved as provided by the statutes of such state or territory and a certificate of such approval filed with the commissioner of this state or, if the statutes of such state or territory contain no such provision, then the consolidation or merger shall not become effective unless and until it has been approved by the commissioner or equivalent regulatory agency of such state or territory and a certificate of such approval filed with the commissioner of this state. In case such contract is not approved, it shall be inoperative, and the fact of its submission and its contents shall not be disclosed by the commissioner.
(3) Upon the consolidation or merger becoming effective as provided in this
section, all the rights, franchises, interests, duties, and liabilities of the consolidated or merged societies in and to every species of property, real, personal, or mixed, and things in action thereunto belonging shall be vested in the society resulting from or remaining after the consolidation or merger without any other instrument; except that conveyances of real property may be evidenced by proper deeds, and the title to any real estate or interest therein vested under the laws of this state in any of the societies consolidated or merged shall not revert or be in any way impaired by reason of the consolidation or merger but shall vest absolutely in the society resulting from or remaining after such consolidation or merger.
(4) The affidavit of any officer of the society or of anyone authorized by it to
mail any notice or document stating that such notice or document has been duly addressed and mailed shall be prima facie evidence that such notice or document has been furnished the addressees.
Source: L. 93: Entire article amended with relocations, p. 595, � 1, effective
July 1. L. 94: (1)(b) amended, p. 1629, � 25, effective May 31.
Editor's note: This section is similar to former � 10-14-115 (1) as it existed prior
to 1993.
C.R.S. § 10-14-504
10-14-504. Taxation. Every society organized or licensed under this article is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from all and every state, county, district, municipal, and school tax other than taxes on real estate and office equipment.
Source: L. 93: Entire article amended with relocations, p. 603, � 1, effective
July 1.
Editor's note: This section is similar to former � 10-14-133 as it existed prior
to 1993.
C.R.S. § 10-15-102
10-15-102. Definitions. As used in this article 15, unless the context otherwise requires:
(1) Broker means any contract seller who must utilize the services of a
general provider to fulfill the terms of a preneed contract.
(1.5) Cash advances means consideration which can be used at the time of
need at the discretion of the contract buyer or his or her heirs, assigns, or authorized representatives for merchandise or services the prices of which are not guaranteed in a preneed contract and which merchandise or services are ancillary and in addition to merchandise and services the prices of which are guaranteed in a preneed contract.
(2) Cemetery means any place, including a mausoleum, niche, or crypt, in
which there is provided space either below or above the surface of the ground for the interment of the remains of human bodies.
(3) Commissioner means the commissioner of insurance.
(4) Common trust funds means a common trust as defined by the
provisions of article 24 of title 11, C.R.S. This article does not preclude the use of a common trust to the extent that the individual contract seller complies with the provisions of this article.
(5) Contract buyer means a person who purchases merchandise and
services through a preneed contract.
(6) Contract seller means a person who sells or offers to sell funeral
goods, merchandise, or services through a preneed contract.
(7) Final resting place means a space, either below or above the surface of
the ground, for the interment of the remains of human bodies.
(8) Funds means money paid by a contract buyer, excluding interest,
finance charges, and late fees paid, for the purchase of a preneed contract.
(8.5) Funeral goods has the same meaning as in section 12-135-103 (17).
(9) General provider means a person who engages, on a contract basis, in
the usual business of providing the merchandise and performing the services, at time of need, for the final disposition of a deceased human body, and does not include subcontractors of a general provider.
(10) Merchandise means goods which are normally sold or offered for sale
directly to the public for use in connection with funeral services and does not include overhead items.
(11) Overhead items means items such as embalming fluid, sanitary
supplies, and other items used in the performance of funeral services.
(12) Person means an individual, partnership, firm, joint venture,
corporation, company, association, joint stock association, or limited liability company.
(13) (a) Preneed contract means any written contract, agreement, or
mutual understanding, or any security or other instrument that is convertible into a contract, agreement, or mutual understanding, whereby, upon the death of the preneed contract beneficiary, a final resting place, merchandise, or services are provided or performed in connection with the final disposition of the beneficiary's body. Consideration for a preneed contract is funds, deposits, or the assignment of life insurance benefits.
(b) Preneed contract does not include:
(I) A contract for merchandise whereby the buyer takes physical possession
of the merchandise at the time of entering into the contract; or
(II) A transportation protection agreement.
(c) (Deleted by amendment, L. 2013.)
(14) Preneed contract beneficiary means, for any preneed contract entered
into on or after July 1, 1967, any person specified in the preneed contract, upon whose death a final resting place, merchandise, or services of any nature shall be provided, delivered, or performed.
(15) Preneed contract price means the total price listed on a preneed
contract for all items listed and includes cash advances.
(16) Services means any services that may be used to care for and prepare
deceased human bodies for final disposition.
(16.5) Transportation protection agreement means an agreement that
primarily provides for the coordination and arrangement, by a third party that is not a general provider, of services related to:
(a) The preparation of human remains for the purpose of transportation; or
(b) The transportation of human remains.
(17) Trustee means a chartered state bank, savings and loan association,
credit union, or trust company that is authorized to act as fiduciary and that is subject to supervision by the state bank or financial services commissioner or a national banking association, federal credit union, or federal savings and loan association authorized to act as fiduciary in Colorado.
(18) Trust funds means funds deposited by a contract seller with a trustee.
(19) Trust instrument means the documents pursuant to which a trustee
receives, holds, invests, and disburses trust funds.
Source: L. 95: Entire article R&RE, p. 1031, � 1, effective May 25. L. 2013: (6)
and (13) amended and (8.5) added, (SB 13-125), ch. 287, p. 1515, � 1, effective August 7. L. 2019: IP and (8.5) amended, (HB 19-1172), ch. 136, p. 1653, � 39, effective October 1. L. 2021: (16) amended, (SB 21-006), ch. 123, p. 489, � 6, effective September 7. L. 2025: (13)(b) amended and (16.5) added, (HB 25-1217), ch. 92, p. 414, � 1, effective August 6.
Editor's note: (1) This section is similar to former � 10-15-102 as it existed
prior to 1995.
(2) Section 6(2) of chapter 92 (HB 25-1217), Session Laws of Colorado 2025,
provides that the act changing this section applies to offenses committed on or after August 6, 2025.
C.R.S. § 10-15-105
10-15-105. Contract requirements - refund - full performance. (1) (a) The preneed contract shall bind the contract seller, or the heirs, assigns, or duly authorized representatives of the contract seller, to provide the services or merchandise contained in the preneed contract.
(b) (I) The contract seller shall certify pursuant to subparagraphs (II), (III), and
(IV) of this paragraph (b) with the commissioner each form of preneed contract offered or sold by such contract seller unless the contract seller notifies the commissioner that it will use preauthorized forms made available by the commissioner. For preneed contracts that are funded by the assignment of life insurance benefits, the assignment shall be deemed to be part of the preneed contract, and the contract seller shall certify pursuant to subparagraphs (II), (III), and (IV) of this paragraph (b) with the commissioner a copy of each form of assignment.
(II) Each contract seller of preneed contracts shall submit an annual report
to the commissioner listing any forms of preneed contracts and each form of assignment used or to be used by the contract seller. Such listing shall be submitted on or before July 15, 2000, and on or before July 1 of each subsequent year. The annual report shall include a certification by the contract seller that, to the best of the seller's knowledge, each form for preneed contracts and assignments in use complies with Colorado law. The commissioner may promulgate rules specifying the necessary elements of the certification.
(III) Each contract seller shall submit to the commissioner a list of new
preneed contracts and forms of assignment. Such listing shall include a certification by the contract seller that, to the best of the seller's knowledge, each new preneed contract or form of assignment proposed complies with Colorado law. The commissioner may promulgate rules specifying the necessary elements of the certification.
(IV) The commissioner shall have the power to examine and investigate the
preneed contract seller to determine whether the preneed contracts or forms of assignment comply with the seller's certification and Colorado law.
(c) At the time the preneed contract is entered into, the contract seller shall
furnish the contract buyer with an accurate copy of the preneed contract.
(d) If the contract seller is a broker, or if the preneed contract requires any
services to be performed or merchandise to be provided by a general provider other than the contract seller, the contract seller shall furnish the contract buyer with a copy of the agreement or a certificate evidencing an agreement between the contract seller and such general provider whereby the general provider or the heirs, assigns, or duly authorized representatives of such general provider are obligated to perform the services or provide the merchandise as stated in the preneed contract. Such agreement or certificate shall state that the general provider shall perform the contract services and provide the merchandise specified in the agreement between the contract seller and the general provider, under any fully paid preneed contract, without recourse against the contract buyer or his or her heirs, assigns, or duly authorized representatives for any funds due from the contract seller. Each such agreement or certificate evidencing each agreement shall be filed with the commissioner. As an alternative to having a separate agreement with a general provider, the preneed contract shall contain a signature and statement of guarantee by the general provider or an authorized agent of said general provider to provide the merchandise and services as agreed in the preneed contract.
(2) A preneed contract shall be written in clear, understandable language
and shall be printed or typed in at least eight-point type.
(3) A preneed contract shall conform to all other applicable state and
federal statutes and regulations.
(4) Each preneed contract shall:
(a) State on its face that This preneed contract is not insurance; however,
preneed contracts and contract sellers are subject to regulation by the Colorado Division of Insurance.
(b) State the name and address of the principal office of the preneed
contract seller and, if not the same, the name and address of the principal office of the general provider;
(c) Identify the contract buyer and the preneed contract beneficiary;
(d) State the terms and conditions for cancellation by the contract buyer
within the first seven days of the contract buyer's signature to the preneed contract during which period the contract buyer may provide the contract seller with written notice of cancellation. The contract seller shall forward a one hundred percent refund to the contract buyer within ten calendar days of receipt of the written cancellation.
(e) Provide that the contract buyer may cancel the preneed contract at any
time after the seven-day period provided in paragraph (d) of this subsection (4) and that any return of consideration be made to the contract buyer, heirs, assigns, or duly authorized representatives in a timely manner, not to exceed thirty days after the date of the request for return of consideration in lieu of performance, and not to exceed forty-five days after the date of request for return of consideration in case of default or cancellation;
(f) Contain a provision expressing the right of the contract seller to perform
under the preneed contract if the heirs, assigns, or duly authorized representatives of the preneed contract beneficiary have not canceled the preneed contract within one hundred sixty-eight hours after the death of the preneed contract beneficiary, or if previously authorized to perform prior to such one hundred sixty-eight hours;
(g) Specify the services or merchandise, or both, to be provided, and clearly
indicate that the preneed contract seller guarantees and fully pays for each such service or merchandise, or both, when it is provided, except for cash advances;
(h) Contain a provision providing that the preneed contract seller shall
provide merchandise as described in the preneed contract or of equivalent quality;
(i) (I) State on its face the manner in which it is funded. Each preneed
contract shall clearly state the terms of the consideration between the contract seller and the contract buyer.
(II) Such terms shall require that the contract buyer be responsible for
paying any unpaid balance of the preneed contract price.
(III) Where the consideration is an assignment of life insurance benefits,
excluding annuities, any unpaid balance shall not exceed the price of the services or merchandise provided at the time of death of the preneed contract beneficiary, based on the general provider's general price list then in force, in excess of the value of the assignment. Such assignment shall not require the payment of any unpaid balance after the third anniversary of the issue date of the preneed contract. The contract seller may require any assignment which has been reduced in value by action of the policy owner to be returned to full value.
(j) Contain a provision stating that the contract seller is responsible for
furnishing the merchandise and services expressed in the preneed contract unless the contract buyer is in default, the contract is canceled, or the assignment funding the contract is void, canceled, or otherwise reduced in value by action of the contract buyer. The preneed contract shall provide that in the case of the death of the preneed contract beneficiary, the contract buyer or, if the contract buyer is deceased, such buyer's heirs, assigns, or duly authorized representatives are entitled to a full return of consideration instead of performance by the contract seller. It shall further provide whether or not a preneed contract, in case of default or cancellation, a preneed contract which has not been performed, or promissory note executed in connection therewith, may allow the contract seller to retain liquidated damages. In no event shall such liquidated damages exceed the lesser of the funds received or fifteen percent of the total preneed contract price. Such liquidated damages are deemed to be the reasonable value of administrative and sales costs incurred.
(5) Any preneed contract for which merchandise has been contracted,
manufactured, and placed in storage shall guarantee that the merchandise, when delivered, shall be merchantable and fit for its intended purpose.
(6) No contract seller shall condition a preneed contract upon the purchase
of any other item or contract unless such preneed contracts, other contracts, and any other item can be independently purchased at the same stated price. Nothing in this section shall prohibit the sale, purchase, or assignment of life insurance benefits to be identified in the preneed contract and be used as full or partial consideration to fund a preneed contract.
(7) The contract seller shall be deemed to have fully performed under the
preneed contract when:
(a) The services or merchandise, or both, contracted for have actually been
used in conjunction with the death of the preneed contract beneficiary; or
(b) The services contracted for have actually been furnished; or
(c) The contract buyer has taken physical possession of the merchandise; or
(d) The merchandise contracted for, which the contract buyer has agreed to
purchase prior to need, has been manufactured and placed in storage and a certificate of title or warehouse receipt has been issued in the contract buyer's name, any such certificate of title or warehouse receipt having effectively and unalterably transferred ownership of the merchandise to the contract buyer and all such merchandise having been fully protected by casualty insurance against all hazards; or
(e) Full payment to the manufacturer has been made by the contract seller
within forty-five days after the sale of the merchandise contracted for, which the contract buyer has agreed to purchase prior to need, by the contract buyer, the merchandise has been manufactured not later than six months thereafter and placed in storage, and a certificate of title or warehouse receipt has been issued in the contract buyer's name, any such certificate of title or warehouse receipt having effectively and unalterably transferred ownership of the merchandise to the contract buyer and all such merchandise having been fully protected by casualty insurance against all hazards, as stated in paragraph (d) of this subsection (7); or
(f) The merchandise contracted for, which the contract buyer has agreed to
purchase prior to need, has been installed upon or placed within the interment site of the contract buyer, including the place of interment, entombment, or ground burial.
(8) In any preneed contract that includes merchandise contracted for
pursuant to paragraphs (d) and (e) of subsection (7) of this section, upon full payment for the merchandise by the contract buyer, the title shall be deemed transferred to the contract buyer.
(9) (a) Notwithstanding any other provision of this section to the contrary,
upon the request and consent of the contract buyer, a preneed contract, related trust, or assignment of the ownership or the benefits of a life insurance policy may be made irrevocable. However, the contract buyer, or the person with the right of final disposition may, at any time before performance, transfer the funds or the assignment to another contract seller or general provider as required by applicable laws.
(b) The contract buyer or, if the contract buyer has died, the person
authorized to direct the disposition of the deceased contract buyer may select another funeral provider to provide the prearranged funeral merchandise and services. If another provider is selected, the original preneed seller may retain up to fifteen percent of the original preneed contract purchase price.
(10) (a) The contract seller shall:
(I) Disclose the name and address of the trustee who holds the preneed
contract funds; and
(II) Notify the buyer when the preneed contract funds are deposited into
trust.
(b) To comply with this subsection (10), the disclosure must advise the
consumer to contact the commissioner if confirmation is not received by a specified time.
Source: L. 95: Entire article R&RE, p. 1036, � 1, effective May 25. L. 2000:
(1)(b) amended, p. 469, � 9, effective August 2. L. 2013: (9) amended and (10) added, (SB 13-125), ch. 287, p. 1518, � 5, effective August 7.
Editor's note: This section is similar to former � 10-15-105 as it existed prior
to 1995.
Cross references: For the legislative declaration contained in the 2000 act
amending subsection (1)(b), see section 1 of chapter 135, Session Laws of Colorado 2000.
C.R.S. § 10-16-1009
10-16-1009. Powers, duties, and responsibilities of cooperatives. (1) Each cooperative organized pursuant to this part 10 shall:
(a) Establish the conditions of cooperative membership;
(b) Provide to cooperative members and their eligible employees clear,
standardized information about each provider network, licensed provider network, carrier, or other provider contracted with by the cooperative, including, but not limited to, information on price, benefits, costs, quality, patient satisfaction, membership, and responsibilities and obligations;
(c) Offer dependent coverage;
(d) Repealed.
(e) Obtain the necessary contact information and resources to provide to
members and their eligible employees the information described in paragraph (b) of this subsection (1);
(f) Contract only for insurance functions listed in section 10-3-903, with
entities authorized to do business in this state by the commissioner pursuant to this title that have:
(I) The capacity to administer the health benefit plan or services to be
offered;
(II) The ability to monitor and evaluate the quality and cost-effectiveness of
care and applicable procedures;
(III) The ability to report quality and outcomes information necessary for the
cooperative to report quality information to members and their eligible employees; and
(IV) The ability to assure members and their eligible employees adequate
access to health-care providers, including an adequate number and type of providers for the risk pool involved;
(g) Develop and implement a marketing plan that will widely publicize the
cooperative to potential members and their eligible employees and develop and implement methods for informing the public about the cooperative and its services;
(h) State clearly all administrative and broker or agent fees associated with
membership in all materials published for the purpose of soliciting members and their eligible employees or that may be used by potential members in deciding whether to join the cooperative;
(i) Establish administrative and accounting procedures for the operation of
the cooperative and members' services, prepare an annual cooperative budget, and prepare annual program and fiscal reports on cooperative operations;
(j) Maintain all records, reports, and other information of the cooperative;
(k) Maintain a trust account or accounts for the deposit of premium moneys
collected pursuant to subsection (3)(e) of this section, to be paid to carriers or licensed provider networks or licensed individual providers for coverage offered through the cooperative. A cooperative shall have a fiduciary duty with respect to premium moneys collected for carriers and licensed provider networks offered through the cooperative.
(l) Annually report on operations of the cooperative, including program and
financial operations, and provide for internal and independent audits;
(m) Disclose to members and potential members whether or not the
cooperative has been granted a temporary certificate of authority pursuant to section 10-16-1005 (1)(b);
(n) Offer the same premiums and any negotiated health-care prices to all
member classes, if any, equally; except that a cooperative may offer different premiums or negotiated health-care prices to members who are not small employers;
(o) Consider all individuals in all individual health benefit plans offered
through the cooperative, including those individuals who do not enroll in the plans through the exchange, to be members of a single risk pool;
(p) Consider all covered persons in small employer health benefit plans
offered through the cooperative, including those covered persons who do not enroll in plans through the exchange, to be members of a single risk pool.
(2) A self-insured employer may join a cooperative in order to have access to
the discounted provider rates that the cooperative may negotiate on behalf of its self-insured members.
(3) Each cooperative organized pursuant to this part 10 may:
(a) Repealed.
(b) Set reasonable fees for membership in the cooperative that will finance
all reasonable and necessary costs incurred in administering the cooperative;
(c) and (d) Repealed.
(e) Subject to paragraph (l) of subsection (1) of this section, provide premium
collection services for plans and licensed provider networks or licensed individual providers offered through the cooperative;
(f) Reject, or allow a carrier to reject, an employer from membership or drop,
or allow a carrier to drop, an employer from membership if the employer or any of its employee members fails to pay premiums or engages in fraud or material misrepresentation in connection with a plan purchased through the cooperative. If an employee is dropped from membership due to the employer's failure to pay premiums or engagement in fraud or material misrepresentation, the cooperative may offer a special enrollment period in accordance with section 10-16-105.7 (3) to allow the employee to enroll in the individual member class, if available.
(g) Contract with qualified independent third parties for any service
necessary to carry out the powers and duties authorized or required by this part 10;
(h) Contract with licensed insurance agents or brokers to market coverage
made available through the cooperative to its members. A cooperative shall use a uniform fee schedule for all agents and brokers. Such fee schedule shall not vary based on the actual or expected health status or medical utilization of the group to which coverage is sold.
(i) Exclude any carrier, provider network, or provider or freeze enrollment in
any carrier, provider network, or provider for failure to achieve established quality, access, or information reporting standards of the cooperative;
(j) Prohibit members who drop coverage through the cooperative from
reenrolling for up to twelve months in coverage purchased through the cooperative;
(k) Repealed.
(l) Offer coverage for individuals who are members;
(m) Establish employer contribution requirements. Such requirements may
differ by benefit plan, benefit package, or carrier.
(4) No cooperative organized pursuant to this part 10 may:
(a) Exclude from membership in the cooperative any prospective members,
or dependents of prospective members, who agree to pay fees for membership and any premium for coverage through the cooperative and who abide by the bylaws and rules of the cooperative and satisfy the requirements of the benefit plan selected;
(b) Differentiate classes of membership on the basis of industry type, race,
religion, gender, education, health status, or income;
(c) Commit any act constituting a rebate prohibited by section 10-3-1104
(1)(g). The commissioner shall enforce this paragraph (c) pursuant to part 11 of article 3 of this title.
(d) Prohibit any hospital, health maintenance organization, or other provider,
as a condition of contracting to provide services through the cooperative, from providing services through a subcontract or subcontracts with any other hospital, health maintenance organization, or other provider meeting the cooperative's quality standards;
(e) Charge any fee not directly related to health care or the administration of
health-care purchasing functions;
(f) As a condition of membership, require any member, eligible employee, or
dependent to subscribe to non-health-care-related products or services;
(g) Knowingly operate the cooperative or market the cooperative in a county
or primary metropolitan statistical area in a way that would cause the cooperative to select a risk pool with actuarially projected health-care utilization over a two-year period that is below the projected average for all individuals residing in that county or primary metropolitan statistical area. Such measurement and comparison of projected utilization by members of the cooperative to all individuals shall be done on a county or primary metropolitan statistical area basis and not across all members of the cooperative.
(h) Knowingly authorize or select any carrier, provider, licensed provider
network, licensed individual provider, or individual provider that does not comply with or conform to the applicable requirements or standards of this title.
Source: L. 2004: Entire part added, p. 1000, � 14, effective August 4. L. 2019:
(1)(d), (3)(a), (3)(c), (3)(d), and (3)(k) repealed, (1)(o) and (1)(p) added, and (2), (3)(f), (3)(l), and (4)(a) amended, (SB 19-004), ch. 205, p. 2192, � 7, effective August 2. L. 2020: (1)(k) amended, (HB 20-1402), ch. 216, p. 1044, � 17, effective June 30. L. 2025: (2) amended, (SB 25-275), ch. 377, p. 2039, � 47, effective August 6.
Cross references: For the legislative declaration in SB 19-004, see section 1
of chapter 205, Session Laws of Colorado 2019.
C.R.S. § 10-16-163
10-16-163. Contracts - health benefit plans - pharmacy benefit managers - policyholders - transparency requirements - rules - definitions. (1) For a contract between a carrier or pharmacy benefit manager and a certificate holder or policyholder that is issued or renewed on or after January 1, 2025, the amount charged by the carrier or PBM to the certificate holder or policyholder for a prescription drug dispensed to a covered person must be equal to or less than the amount paid by the carrier or PBM to a contracted pharmacy for such prescription drug dispensed to such covered person residing in Colorado.
(2) (a) For group health benefit plans in effect during calendar year 2025 and
each calendar year thereafter, a carrier or pharmacy benefit manager shall disclose to each policyholder or the policyholder's specifically designated broker or consultant the prescription drug contract terms required by this subsection (2). For group health benefit plans in effect during calendar year 2023 or 2024 or both, the disclosure must also include any changes in terms between each calendar year.
(b) The disclosures required pursuant to this subsection (2) must include:
(I) The ingredient cost average reimbursement rate for:
(A) Generic drugs dispensed at retail pharmacies;
(B) Brand-name drugs dispensed at retail pharmacies;
(C) Specialty drugs dispensed at retail pharmacies;
(D) Generic drugs dispensed at mail-order pharmacies;
(E) Brand-name drugs dispensed at mail-order pharmacies;
(F) Specialty drugs dispensed at mail-order pharmacies; and
(G) Specialty drugs dispensed at any specialty pharmacy, including a
pharmacy that is fully or partially owned by a contracting PBM, a carrier, or the PBM's or carrier's holding companies or affiliates;
(II) The average dispensing fee paid to each type of pharmacy, including
each retail, mail-order, and specialty pharmacy;
(III) The charge per prior authorization;
(IV) Utilization management programs and associated fees;
(V) Any other contracted services and associated fees;
(VI) The average rebate across all paid prescriptions for the respective group
health benefit plan and the average rebate across all paid prescriptions that pay a rebate for the respective group health benefit plan; and
(VII) The rebate guarantee, where applicable.
(c) For contracts between a carrier or pharmacy benefit manager and a
certificate holder or policyholder that are renewed in calendar year 2025 and each calendar year thereafter, the carrier or PBM shall calculate and communicate to the certificate holder or policyholder the value of the difference between the contract terms in the renewed contracts and the contracts that were in effect the previous calendar year, annualizing the previous year's actual data for each respective certificate holder or policyholder. The value communicated shall include annual aggregate savings, annual aggregate savings per employee per year, and annual aggregate savings per covered person per year.
(d) A carrier or pharmacy benefit manager shall provide to each certificate
holder or policyholder, for voluntary consideration, options to repurpose aggregate savings in the form of reductions to out-of-pocket costs such as deductibles, copayment amounts, coinsurance, or premium contributions. The carrier or PBM shall provide the information to certificate holders or policyholders no less than ninety days before the date of the contract renewal.
(e) A carrier or PBM shall provide the information specified in subsections
(2)(b), (2)(c), and (2)(d) of this section to all certificate holders and policyholders for contracts in effect during calendar year 2025, including certificate holders and policyholders that may not receive a renewal notice due to a multiyear contractual agreement or for any other reason except notice of termination.
(f) The disclosures required in subsections (2)(b)(VI) and (2)(b)(VII) of this
section must not disclose any proprietary rebate information between a drug manufacturer and the pharmacy benefit manager or its carrier affiliate. The disclosure of data required by these subsections must represent the aggregate value of rebates passing through from the pharmacy benefit manager or its carrier affiliate to the health benefit plan as defined by rule of the commissioner.
(g) A carrier may exempt a segment of its business from this subsection (2).
The carrier's exempted business segment must provide the majority of covered medical professional services through a single, contracted medical group and operate its own pharmacies through which at least eighty-five percent of its aggregate prescription drug claims are filled. On and after August 7, 2023, a carrier that meets the exemption criteria in this subsection (2)(g) shall submit an attestation to the division of such compliance with each rate filing required pursuant to section 10-16-107. The carrier or PBM shall disclose all data requirements as outlined in this subsection (2) to the carrier's group policyholders that are primarily accessing prescription drug benefits through a third-party PBM contracted with the carrier.
(3) The commissioner shall promulgate rules to implement this section.
(4) (a) The commissioner may conduct an audit or market conduct
examination of a carrier or pharmacy benefit manager to ensure compliance with this section. The commissioner, pursuant to any rules promulgated by the division, may audit a carrier or PBM annually to determine if there is a violation of this section.
(b) The commissioner may determine a carrier's or PBM's compliance with
this section based on a sampling of data or based on a full claims audit. The sampling of data and any extrapolation from the data used to determine penalties must be reasonably valid from a statistical standpoint and in accordance with generally accepted auditing standards. A carrier or PBM that does not comply with a division request for the data required to complete an audit violates this section and may be subject to penalties.
(c) Information obtained through an audit conducted pursuant to this
subsection (4) is proprietary and confidential information, available only to the commissioner and the commissioner's auditing designee, and is not subject to disclosure unless specifically required by state or federal law.
(5) The failure of a carrier or PBM to comply with this section is an unfair
method of competition and an unfair or a deceptive act or practice in the business of insurance pursuant to section 10-3-1104 (1).
(6) (a) The requirements of subsections (1), (2), and (4) of this section apply to
an employer-sponsored health benefit plan, an associated pharmacy benefit manager, and the health benefit plan members only if a person, Taft-Hartley trust, municipality, state, labor union, plan sponsor, or employer that provides the employer-sponsored health benefit plan elects to be subject to subsections (1), (2), and (4) of this section for its members that reside in Colorado.
(b) As used in this subsection (6), pharmacy benefit manager means an
entity doing business in this state that administers or manages prescription drug benefits, including claims processing services and other prescription drug or device services as defined in section 10-16-122.1, that is in a contractual relationship directly or indirectly through an affiliate with an employer-sponsored health benefit plan, which includes plans that are self-insured or regulated by the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. sec. 1001 et seq., as amended, offered by:
(I) A person;
(II) A Taft-Hartley trust;
(III) A municipality;
(IV) The state;
(V) A labor union;
(VI) A plan sponsor;
(VII) An employer; or
(VIII) A coalition of employers or aggregation of employers working together
to negotiate improved contract terms with a pharmacy benefit manager.
(7) As used in this section, unless the context otherwise requires:
(a) Contracted pharmacy means a pharmacy that has contracted with a
carrier, a pharmacy benefit manager, or an affiliate of the carrier or PBM.
(b) Ingredient cost means the actual amount paid to a pharmacy by a
pharmacy benefit manager for a prescription drug, not including a dispensing fee or patient cost-sharing amount.
(c) Pharmacy means an entity where medicinal drugs are dispensed and
sold, including a retail pharmacy, mail-order pharmacy, specialty pharmacy, hospital outpatient setting, or other related pharmacy.
Source: L. 2023: Entire section added, (HB 23-1201), ch. 158, p. 684, � 1,
effective August 7.
C.R.S. § 10-2-1101
10-2-1101. Effective date - applicability. This article shall take effect January 1, 1995. Insurance agent and broker licenses issued pursuant to part 2 of this article prior to said date shall expire at such time as the commissioner shall determine by rule promulgated under the authority of this article. The holders of such licenses may obtain comparable licenses under this article by complying with the rules promulgated by the commissioner under the authority of this article.
Source: L. 93: Entire article R&RE, p. 1389, � 1, effective January 1, 1995.
REGULATION OF INSURANCE COMPANIES
ARTICLE 3
Regulation of Insurance Companies
PART 1
GENERAL
C.R.S. § 10-2-702
10-2-702. Commissions. (1) No insurer or insurance producer shall pay, directly or indirectly, any commission, service fee, brokerage, or other valuable consideration to any person selling, soliciting, or negotiating insurance within this state unless, at the time such services were performed, such person was a duly licensed insurance producer under this article for the performance of such services. In addition, no person, other than a person appropriately licensed by this state as an insurance producer at the time such services were performed, shall accept any such consideration; except that any person duly licensed under this article may pay or assign such person's commissions to, or direct that such person's commissions be paid to, a partnership of which the person is a member, employee, or agent or to a corporation of which the person is an officer, employee, or agent. This section shall not prevent payment or receipt of renewal or other deferred commissions to or by any person entitled thereto under this section.
(2) An insurer or insurance producer may pay or assign commissions, service
fees, brokerages, or other valuable consideration to an insurance agency, business entity, or persons who do not sell, solicit, or negotiate insurance in this state, unless the payment would violate section 10-3-1104 (1)(g).
Source: L. 93: Entire article R&RE, p. 1370, � 1, effective January 1, 1995. L.
95: Entire section amended, p. 89, � 2, effective March 30. L. 2001: Entire section amended, p. 1209, � 30, effective January 1, 2002. L. 2012: (2) amended, (HB 12-1266), ch. 280, p. 1497, � 15, effective July 1.
C.R.S. § 10-2-705
10-2-705. Bail bond documents - requirements - rules. (1) The insurance producer who posts a bail bond with the court on behalf of a defendant shall ensure that the following documents comply with the following provisions:
(a) An indemnity agreement must:
(I) Be in writing;
(II) Be signed by the producer;
(III) Be signed by the defendant or indemnitor;
(IV) Set forth the amount of bail set in the case, the name of the defendant
released on the bail bond, the court case number if available, the court where the bond is executed, the premium charged, the amount and type of collateral held by the insurance producer, and the conditions under which the collateral is returned;
(V) Contain documentation that the indemnitor has received copies of signed
and dated disclosure forms; and
(VI) If the defendant or indemnitor is illiterate or does not read English,
contain a note on the indemnity agreement that the producer or a third party has read or translated the agreement to the defendant or indemnitor and be affixed with an affidavit to the indemnity agreement attesting that the document was translated;
(b) A promissory note must be:
(I) In writing;
(II) Signed by the producer; and
(III) Signed by the defendant or indemnitor;
(c) A collateral receipt must:
(I) Be dated;
(II) Be in writing;
(III) Be signed by the producer;
(IV) Be signed by the defendant or indemnitor;
(V) Be prenumbered;
(VI) Contain a full description of the collateral, including the condition of the
collateral at the time it is taken into custody; and
(VII) Set forth the amount of bail set in the case, the name of the defendant
released on the bail bond, the court case number, the court where the bond is executed, the premium charged, the amount and type of collateral held by the insurance producer, and the conditions under which the collateral is returned;
(d) A bail bond revocation request must be:
(I) Dated;
(II) In writing;
(III) Signed by the producer; and
(IV) Signed by the defendant or indemnitor.
(2) (a) Before accepting consideration, the insurance producer who writes
bail bonds shall commit to writing, sign, date, and obtain the defendant's or indemnitor's signature on an arrangement for the payment of all or part of the premium, commission, or fee, including the payment schedule. The signature of the insurance producer who writes bail bonds is not an obligation to pay any debt owed to a lender. To be enforceable, interest and financial charges on any unpaid premium must comply with the Uniform Consumer Credit Code, articles 1 to 9 of title 5, C.R.S.
(b) Before accepting consideration or taking collateral, the insurance
producer who writes bail bonds shall provide, in a form prescribed by the commissioner, a disclosure statement to each defendant and indemnitor detailing the terms of the bail bond.
(3) (a) An insurance producer who posts a bail bond with the court and who
accepts consideration for a bail bond or undertaking shall, for each payment received, provide to the person tendering payment a prenumbered, signed receipt containing the following:
(I) The date;
(II) The defendant's name;
(III) A description of the consideration and amount of money received;
(IV) The purpose for which it was received;
(V) The number of any power-of-attorney form attached to the bail bond;
(VI) The penal sum of the bail bond;
(VII) The name of the person tendering payment; and
(VIII) The terms under which the money or other consideration is released.
(b) The insurance producer who posts a bail bond with the court shall provide
the person tendering payment a signed and dated receipt for each premium payment listing the amount paid.
(3.5) (a) If the bond is to be secured by real estate, the bail bonding agent
shall provide the property owner with a written disclosure statement in the following form at the time an initial application is filed:
Disclosure of lien against real property
Do not sign this document until you read and understand it This bail bond will be secured by real property you own or in which you have an interest. Failure to pay the bail bond premiums when due or the defendant's failure to comply with the conditions of bail could result in the loss of your property
(b) The disclosure required in paragraph (a) of this subsection (3.5) shall be
printed in fourteen-point, bold-faced type either:
(I) On a separate and specific document attached to or accompanying the
application; or
(II) In a clear and conspicuous statement on the face of the application.
(c) Before a property owner executes any instrument creating a lien against
real property, the bail bonding agent shall provide the property owner with a completed copy of the instrument creating the lien against real property and the disclosure statement described in paragraph (a) of this subsection (3.5). If a bail bonding agent fails to comply fully with the requirements of paragraphs (a) and (b) of this subsection (3.5) and this paragraph (c), any instrument creating a lien against real property shall be voidable.
(d) The bonding agent shall deliver to the property owner a fully executed
and notarized reconveyance of title, a certificate of discharge, or a full release of any lien against real property that secures performance of the conditions of a bail bond within thirty-five days after receiving notice that the time for appealing an order that exonerated the bail bond has expired. The bonding agent shall also deliver to the property owner the original canceled note as evidence that the indebtedness secured by any lien instrument has been paid or that the purposes of said instrument have been fully satisfied and the original deed of trust, security agreement, or other instrument that secured the bail bond obligation. If a timely notice of appeal is filed, the thirty-five-day period shall begin on the day the appellate court's affirmation of the order becomes final. If the bonding agent fails to comply with the requirements of this paragraph (d), the property owner may petition the district court to issue an order directing the clerk of such court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the conditions of the bail bond. The petition shall be verified and shall allege facts showing that the bonding agent has failed to comply with the provisions of this paragraph (d).
(e) Any bail bonding agent who violates this subsection (3.5) is liable to the
property owner for all damages that may be sustained by reason of the violation, plus statutory damages in the sum of three hundred dollars. The property owner shall be entitled to recover court costs and reasonable attorney fees, as determined by the court, upon prevailing in any action brought to enforce the provisions of this subsection (3.5).
(4) The insurance producer shall prepare or execute separate agreements
and documents for each time the producer posts a bail bond with the court. The producer shall give the indemnitor a copy of each document executed in the course of the bail bond transaction.
(5) For three years after the date of discharge of a bail bond and return of
any collateral or proof of notice to the defendant or indemnitor that any promissory note has been satisfied, the insurance producer who posts the bail bond with the court shall keep at the producer's business copies of each receipt, indemnity agreement, bond, disclosure statement, payment plan, bond revocation request, or other document or information related to the bond transaction the commissioner reasonably requires by rule and shall make these documents available for inspection by the commissioner or the commissioner's authorized representative during normal business hours.
(6) The indemnitor may be the defendant.
(7) The commissioner may examine the business practices, books, and
records of any insurance producer as often as the commissioner deems appropriate.
Source: L. 2012: Entire section added, (HB 12-1266), ch. 280, p. 1498, � 16,
effective July 1. L. 2013: (3.5) added, (HB 13-1236), ch. 202, p. 840, � 6, effective May 11.
C.R.S. § 10-20-104
10-20-104. Coverage and limitations - coordination of benefits. (1) This article 20 provides coverage for the policies and contracts specified in subsection (2) of this section and to persons:
(a) Who are owners of, certificate holders under, or enrollees in such policies
or contracts, other than structured settlement annuities, and who:
(I) Are residents; or
(II) Are not residents, but only under all of the following conditions:
(A) The member insurer that issued the policies or contracts is domiciled in
this state;
(B) The member insurer never held a license or certificate of authority in the
states in which such persons reside;
(C) Such states have associations similar to the association created by this
article; and
(D) Such persons are not eligible for any amount of coverage by such
associations;
(b) Regardless of where they reside, except for nonresident certificate
holders under group policies or contracts, who are the beneficiaries, assignees, or payees, including health-care providers rendering services under a health insurance or health maintenance organization policy, contract, or certificate, of the persons covered under subsection (1)(a) of this section.
(1.3) Subsection (1) of this section shall not apply to structured settlement
annuities. Except as otherwise provided in subsections (1.5) and (1.7) of this section, this article shall provide coverage to a person who is a payee under a structured settlement annuity or to a beneficiary of a deceased payee if the payee:
(a) Is a resident, regardless of where the contract owner resides; or
(b) Is not a resident, but only under both of the following conditions:
(I) Either:
(A) The contract owner of the structured settlement annuity is a resident; or
(B) The contract owner of the structured settlement annuity is not a resident,
but the insurer that issued the structured settlement annuity is domiciled in this state and the state in which the contract owner resides has an association similar to the association created by this article; and
(II) Neither the payee, the beneficiary, nor the contract owner is eligible for
coverage by the association of the state in which the payee or contract owner resides.
(1.5) This article 20 does not provide coverage to a person that:
(a) Is a payee or beneficiary of an owner or enrollee who is a resident of this
state if the payee or beneficiary is afforded any coverage by the association of another state; or
(b) Acquires rights to receive payments through a structured settlement
factoring transaction, as defined in 26 U.S.C. sec. 5891 (c)(3)(A), regardless of whether the transaction occurred before, on, or after the effective date of 26 U.S.C. sec. 5891 (c)(3)(A).
(1.7) This article 20 is intended to provide coverage to a person who is a
resident of this state and, in special circumstances, to a nonresident. In order to avoid duplicate coverage, if a person who would otherwise receive coverage under this article 20 is provided coverage under the laws of any other state, the person shall not be provided coverage under this article 20. In determining the application of the provisions of this subsection (1.7) in situations where a person could be covered by the association of more than one state, whether as an owner, payee, beneficiary, enrollee, or assignee, this article 20 shall be construed in conjunction with other state laws to result in coverage by only one association.
(2) (a) This article 20 provides coverage to the persons specified in
subsections (1) and (1.3) of this section for direct, nongroup life insurance, health insurance, health maintenance organization, annuity, and supplemental policies or contracts and for certificates under direct group life insurance, health insurance, health maintenance organization, or annuity policies or contracts, and for supplemental contracts to any of these, issued by member insurers pursuant to article 7 and parts 1, 2, and 4 of article 16 of this title 10, except as limited by this article 20. Annuity contracts and certificates under group annuity contracts include allocated funding agreements, structured settlement annuities, and any immediate or deferred annuity contracts.
(b) Except as otherwise provided in subsection (2)(c) of this section, this
article 20 does not provide coverage for:
(I) Any portion of a policy or contract not guaranteed by the member insurer,
or under which the risk is borne by the policy or contract owner;
(II) Any policy or contract of reinsurance, unless assumption certificates
have been issued under the reinsurance policy or contract;
(III) Any portion of a policy or contract to the extent that the rate of interest
on which it is based, or the interest rate, crediting rate, or other factor determined by use of an index or other external reference stated in the policy or contract employed in calculating returns and changes in value:
(A) When averaged over the period of four years prior to the date on which
the association became obligated with respect to the policy or contract, exceeds a rate of interest determined by subtracting two percentage points from Moody's corporate bond yield average, averaged for that same four-year period, or for such lesser period if the policy or contract was issued less than four years before the association became obligated; and
(B) On and after the date on which the association became obligated with
respect to the policy or contract, exceeds the rate of interest determined by subtracting three percentage points from Moody's corporate bond yield average as most recently available;
(IV) Any portion of a policy, contract, plan, or program of an employer,
association, or other person to provide life, health, or annuity benefits to its employees, members, or others, to the extent that such plan or program is self-funded or uninsured, including but not limited to benefits payable by an employer, association, or other person under:
(A) A multiple employer welfare arrangement, as defined in section 1002 of
title 29 of the United States Code;
(B) A minimum premium group insurance plan;
(C) A stop-loss group insurance plan; or
(D) An administrative services only contract;
(V) Any portion of a policy or contract to the extent that it provides dividends
or experience rating credits, voting rights, or that any fees or allowances be paid to any person, including the policy or contract holder, in connection with the service to or administration of such policy or contract;
(VI) Any policy or contract issued in this state by a member insurer at a time
when it was not licensed or did not have a certificate of authority to issue such policy or contract in this state;
(VII) Any unallocated annuity contract;
(VIII) Any annuity contract or group annuity certificate which is used by a
nonprofit insurance company exclusively for the benefit of nonprofit educational institutions and their employees for the purpose of providing retirement benefits;
(IX) Any policy, contract, certificate, or subscriber agreement issued by a
prepaid dental care plan as defined in parts 1 and 5 of article 16 of this title;
(X) Services covered under a policy of sickness and accident insurance as
defined in section 10-16-102 (50) when written by a property and casualty insurer as part of an automobile insurance contract;
(XI) Repealed.
(XII) Any member insurer that was insolvent or unable to fulfill its
contractual obligations as of July 1, 1991; except that an annuity contract issued or assumed by such a member insurer shall be covered under this article 20 if the member insurer was ordered into liquidation between July 1, 1991, and August 31, 1991;
(XIII) Repealed.
(XIV) Any portion of a policy or contract to the extent it provides for interest
or other changes in value to be determined by the use of an index or other external reference stated in the policy or contract but such changes have not been credited to the policy or contract, or to the extent the policy or contract owner's rights are subject to forfeiture, as of the date the member insurer becomes an impaired or insolvent insurer under this article. If a policy's or contract's interest or changes in value are credited less frequently than annually, then for purposes of determining the values that have been credited and are not subject to forfeiture under this section, the interest or change in value determined by using the procedures defined in the policy or contract shall be credited as if the contractual date of crediting interest or changing values was the date of insolvency, and such interest or changes shall not be subject to forfeiture.
(XV) Repealed.
(XVI) Any policy or contract providing hospital, medical, prescription drug, or
other health-care benefits under:
(A) Part C or part D of subchapter XVIII, chapter 7 of title 42, United States
Code, or any regulation issued under those parts C or D; or
(B) Subchapter XIX, chapter 7 of title 42, United States Code, or any
regulation issued under Subchapter XIX;
(XVII) Any portion of a policy or contract to the extent that the assessment
required by this article with respect to the policy or contract are preempted or otherwise not allowed by federal or state law;
(XVIII) Any obligation that does not arise under the expressed written terms
of the policy or contract issued by the member insurer to the owner, certificate holder, or enrollee, including:
(A) Claims based on marketing materials, brochures, illustrations,
advertisements, or oral statements by agents, brokers, or others used or made in connection with the sale of covered policies and contracts;
(B) Claims based on side letters, riders, or other documents that were issued
by the member insurer without meeting applicable policy or contract form filing or approval requirements;
(C) Misrepresentations of, or regarding, policy or contract benefits;
(D) Extracontractual claims; and
(E) Claims for penalties, interest, or consequential or incidental damages;
(XIX) Any contractual agreement that establishes the member insurer's
obligations to provide a book value accounting guaranty for defined contribution benefit plan participants by reference to a portfolio of assets that is owned by a benefit plan or trustee that is not an affiliate of the member insurer;
(XX) Structured settlement annuity benefits to which a payee or beneficiary
has transferred the payee's or beneficiary's rights in a structured settlement factoring transaction, as defined in 26 U.S.C. sec. 5891 (c)(3)(A), regardless of whether the transaction occurred before, on, or after the effective date of 26 U.S.C. sec. 5891 (c)(3)(A).
(c) The exclusions from coverage specified in subsection (2)(b)(III) of this
section do not apply to any portion of a policy or contract, including a rider, that provides long-term care or any other health insurance benefits.
(3) The benefits for which the association may become liable must not
exceed the lesser of:
(a) The contractual obligations for which the member insurer is liable or
would have been liable if it were not an impaired or insolvent insurer; or
(b) (I) With respect to any one life, regardless of the number of policies or
contracts with that member insurer:
(A) Three hundred thousand dollars in net life insurance death benefits, and
no more than one hundred thousand dollars in net cash surrender and net cash withdrawal values for life insurance;
(B) For health insurance benefits or coverage received under health
maintenance organization contracts: One hundred thousand dollars for coverages not defined as disability, coverage or services under health benefit plans, or long-term care insurance, including any net cash surrender and net cash withdrawal values; three hundred thousand dollars for disability insurance; three hundred thousand dollars for long-term care insurance; or five hundred thousand dollars for coverage or services under health benefit plans;
(C) Two hundred fifty thousand dollars in the present value of annuity
benefits, including net cash surrender and net cash withdrawal values; or
(D) With respect to each payee of a structured settlement annuity, two
hundred fifty thousand dollars in present-value annuity benefits, in the aggregate, including net cash surrender and net cash withdrawal values.
(E) (Deleted by amendment, L. 2013.)
(II) The association is not obligated to cover:
(A) More than three hundred thousand dollars in benefits, in the aggregate,
with respect to any one life under subsection (3)(b)(I) of this section; except that, with respect to benefits for coverage or services under health benefit plans under subsection (3)(b)(I)(B) of this section, the aggregate liability of the association must not exceed five hundred thousand dollars with respect to any one life; or
(B) More than five million dollars in benefits with respect to an owner of
multiple nongroup policies of life insurance, regardless of whether the policy owner is an individual, firm, corporation, or other person; whether the persons insured are officers, managers, employees, or other persons; or the number of policies and contracts held by the owner.
(c) The limitations set forth in this subsection (3) are limitations on the
benefits for which the association is obligated before taking into account either its subrogation and assignment rights or the extent to which those benefits could be provided out of the assets of the impaired or insolvent insurer attributable to covered policies. The costs of the association's obligations under this subsection (3) may be met by the use of assets attributable to covered policies or reimbursed to the association under its subrogation and assignment rights.
(3.5) For purposes of this article 20, benefits provided by a long-term care
rider to a life insurance policy or annuity are considered the same type of benefits as the benefits provided by the underlying life insurance policy or annuity contract to which the rider relates.
(4) In performing its obligations to provide coverage under section 10-20-108, the association is not required to guarantee, assume, reinsure, reissue, or
perform, or cause to be guaranteed, assumed, reinsured, reissued, or performed, the contractual obligations of the impaired or insolvent insurer under a covered policy or contract that do not materially affect the economic values or economic benefits of the covered policy or contract.
Source: L. 91: Entire article added, p. 1258, � 1, effective July 1. L. 92: (2)(a),
(2)(b)(IX), and (2)(b)(X) amended, p. 1725, � 11, effective July 1. L. 94: (2)(b)(XII) amended, p. 614, � 1, effective April 13. L. 2000: IP(1)(a), (2)(b)(III), (2)(b)(VII), (2)(b)(XIII), (2)(b)(XIV), and (3)(b) amended and (1.3), (1.5), and (1.7) added, p. 1018, � 2, effective July 1. L. 2010: (3)(b)(I)(C), (3)(b)(I)(D), and (3)(b)(II) amended and (3)(b)(I)(E) added, (SB 10-049), ch. 15, p. 75, � 1, effective March 5. L. 2013: (2)(a), IP(2)(b), (2)(b)(I), (2)(b)(II), (2)(b)(III), IP(2)(b)(IV), (2)(b)(IV)(A), (2)(b)(V), (2)(b)(XIV), (3), and (4) amended, (2)(b)(XI), (2)(b)(XIII), and (2)(b)(XV) repealed, and (2)(b)(XVI) to (2)(b)(XIX) added (SB 13-032), ch. 34, p. 83, � 2, effective March 15; (2)(b)(X) amended, (HB 13-1266), ch. 217, p. 990, � 56, effective May 13. L. 2023: IP(1), IP(1)(a), (1)(a)(II)(A), (1)(a)(II)(B), (1)(b), (1.5), (1.7), (2)(a), IP(2)(b), (2)(b)(XII), (2)(b)(XVI), IP(2)(b)(XVIII), (2)(b)(XVIII)(B), (2)(b)(XVIII)(C), IP(3), (3)(a), IP(3)(b)(I), (3)(b)(I)(B), (3)(b)(II)(A), and (4) amended and (2)(b)(XX), (2)(c), and (3.5) added, (HB 23-1303), ch. 195, p. 981, � 5, effective May 15.
C.R.S. § 10-22-112
10-22-112. Health benefit exchange - referral to private insurance brokers - fees - rules. (1) The exchange shall include the following in its protocol for interacting with consumers in order to assist consumers in enrolling in health benefit plans: Upon a consumer's contact with the exchange when seeking assistance in selecting a qualified health plan, whether online or by telephone, the exchange shall inform the consumer that he or she has the option of selecting coverage online, with the assistance of a navigator, or with the assistance of a qualified insurance broker. The exchange shall inform the consumer that a navigator may assist with a health benefit plan selection but may not offer advice on a health benefit plan based on the consumer's individual situation, whereas a qualified broker may offer advice based on the consumer's personal and family situation.
(2) The exchange shall maintain online tools that allow insurance brokers to
develop and maintain client relationships for customers who are eligible to enroll in private health benefit plans, when appropriate, if the client requests this option.
(3) (a) An insurance broker may charge a client a fee for advising the client
on the selection of an individual health benefit plan offered on the exchange only if the broker:
(I) Will not receive a commission from the insurer offering the individual
health benefit plan selected by the client; and
(II) Provides a written disclosure to the client if the broker will charge a fee
for the service.
(b) The commissioner may promulgate rules regarding the form and manner
by which an insurance broker must provide the disclosure required by this subsection (3). The rules shall include a prohibition on a broker charging a fee to assist a client to enroll in medicaid or the children's basic health plan, as defined in section 25.5-8-103 (2).
Source: L. 2016: Entire section added, (SB 16-006), ch. 296, p. 1204, � 1,
effective June 10. L. 2018: Entire section amended, (SB 18-136), ch. 118, p. 818, � 2, effective August 8.
C.R.S. § 10-23-108
10-23-108. Bail bond documents - requirements - rules. (1) The professional cash-bail agent or cash-bonding agent who posts a bail bond with the court on behalf of a defendant shall ensure that the following documents comply with the following provisions:
(a) An indemnity agreement must:
(I) Be in writing;
(II) Be signed by the professional cash-bail agent or cash-bonding agent;
(III) Be signed by the defendant or indemnitor;
(IV) Set forth the amount of bail set in the case, the name of the defendant
released on the bail bond, the court case number if available, the court where the bond is executed, the premium charged, the amount and type of collateral held by the professional cash-bail agent or cash-bonding agent, and the conditions under which the collateral is returned;
(V) Contain documentation that the indemnitor has received copies of signed
and dated disclosure forms; and
(VI) If the defendant or indemnitor is illiterate or does not read English,
contain a note on the indemnity agreement that the agent or a third party has read or translated the agreement to the defendant or indemnitor and be affixed with an affidavit to the indemnity agreement attesting that the document was translated;
(b) A promissory note must be:
(I) In writing;
(II) Signed by the professional cash-bail agent or cash-bonding agent; and
(III) Signed by the defendant or indemnitor;
(c) A collateral receipt must:
(I) Be dated;
(II) Be in writing;
(III) Be signed by the professional cash-bail agent or cash-bonding agent;
(IV) Be signed by the defendant or indemnitor;
(V) Be prenumbered;
(VI) Contain a full description of the collateral, including the condition of the
collateral at the time it is taken into custody; and
(VII) Set forth the amount of bail set in the case, the name of the defendant
released on the bail bond, the court case number, the court where the bond is executed, the premium charged, the amount and type of collateral held by the agent, and the conditions under which the collateral is returned;
(d) A bail bond revocation request must be:
(I) Dated;
(II) In writing;
(III) Signed by the professional cash-bail agent or cash-bonding agent; and
(IV) Signed by the defendant or indemnitor.
(2) (a) Before accepting consideration, the professional cash-bail agent or
cash-bonding agent shall commit to writing, sign, date, and obtain the defendant's or indemnitor's signature on an arrangement for the payment of all or part of the premium, commission, or fee, including the payment schedule. The signature of the professional cash-bail agent or cash-bonding agent is not an obligation to pay any debt owed to a lender. To be enforceable, interest and financial charges on any unpaid premium must comply with the Uniform Consumer Credit Code, articles 1 to 9 of title 5, C.R.S.
(b) Before accepting consideration or taking collateral, the professional
cash-bail agent or cash-bonding agent shall provide, in a form prescribed by the commissioner, a disclosure statement to each defendant and indemnitor detailing the terms of the bail bond.
(3) (a) A professional cash-bail agent or cash-bonding agent who accepts
consideration for a bail bond or undertaking shall, for each payment received, provide to the person tendering payment a prenumbered, signed receipt containing the following:
(I) The date;
(II) The defendant's name;
(III) A description of the consideration and amount of money received;
(IV) The purpose for which it was received;
(V) The penal sum of the bail bond;
(VI) The name of the person tendering payment; and
(VII) The terms under which the money or other consideration is released.
(b) The professional cash-bail agent or cash-bonding agent shall provide the
person tendering payment a signed and dated receipt for each premium payment listing the amount paid.
(3.5) (a) If the bond is to be secured by real estate, the bail bonding agent
shall provide the property owner with a written disclosure statement in the following form at the time an initial application is filed:
Disclosure of lien against real property
Do not sign this document until you read and understand it This bail bond will be secured by real property you own or in which you have an interest. Failure to pay the bail bond premiums when due or the defendant's failure to comply with the conditions of bail could result in the loss of your property
(b) The disclosure required in paragraph (a) of this subsection (3.5) shall be
printed in fourteen-point, bold-faced type either:
(I) On a separate and specific document attached to or accompanying the
application; or
(II) In a clear and conspicuous statement on the face of the application.
(c) Before a property owner executes any instrument creating a lien against
real property, the bail bonding agent shall provide the property owner with a completed copy of the instrument creating the lien against real property and the disclosure statement described in paragraph (a) of this subsection (3.5). If a bail bonding agent fails to comply fully with the requirements of paragraphs (a) and (b) of this subsection (3.5) and this paragraph (c), any instrument creating a lien against real property shall be voidable.
(d) (I) The bonding agent shall deliver to the property owner a fully executed
and notarized reconveyance of title, a certificate of discharge, or a full release of any lien against real property that secures performance of the conditions of a bail bond within thirty-five days after receiving notice that the time for appealing an order that exonerated the bail bond has expired. The bonding agent shall also deliver to the property owner the original canceled note, as evidence that the indebtedness secured by any lien instrument has been paid or that the purposes of the instrument have been fully satisfied, and the original deed of trust, security agreement, or other instrument that secured the bail bond obligation. If a timely notice of appeal is filed, the thirty-five-day period begins on the day the appellate court's affirmation of the order becomes final.
(II) If the bonding agent fails to comply with the requirements of this
subsection (3.5)(d), the property owner may petition the district court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the conditions of the bail bond. To be accepted by the court, the petition must be verified and allege facts showing that the bonding agent has failed to comply with the provisions of this subsection (3.5)(d).
(III) (A) If a bonding agent fails to comply with this subsection (3.5)(d), the
property owner may file a complaint with the commissioner requesting that the commissioner petition a district court to file for record a full release of any lien against real property securing performance of the conditions of the bail bond.
(B) To be accepted by the commissioner, the complaint must be verified and
allege facts showing that the bonding agent has failed to comply with this subsection (3.5)(d). The complaint must include a copy of the lien the property owner is requesting be released.
(C) Upon receipt of a verified complaint meeting the requirements of
subsection (3.5)(d)(III)(B) of this section, the commissioner shall mail a copy of the complaint to the bonding agent at the bonding agent's last-known address.
(D) If the time for appealing an order that exonerated the bail bond has
expired at least three years before the complaint is filed, and if the commissioner does not receive a reply from the bonding agent contesting the release of the lien within thirty-five days after mailing the complaint required in subsection (3.5)(d)(III)(C) of this section, the commissioner may petition the district court to issue an order directing the clerk of the court to execute a full reconveyance of title, a certificate of discharge, or a full release of any lien against real property created to secure performance of the conditions of the bail bond. Upon the court issuing an order executing a full reconveyance of title, issuing a certificate of discharge, or releasing the lien, the commissioner shall send a copy of the lien release documents to the bonding agent.
(E) If the commissioner receives, within thirty-five days after mailing the
complaint to the bonding agent, a reply from the bonding agent contesting the factual basis of the property owner's complaint, the commissioner shall inform the property owner that the property owner must petition the district court to release the lien.
(e) Any bail bonding agent who violates this subsection (3.5) shall be liable
to the property owner for all damages that may be sustained by reason of the violation, plus statutory damages in the sum of three hundred dollars. The property owner shall be entitled to recover court costs and reasonable attorney fees, as determined by the court, upon prevailing in any action brought to enforce the provisions of this subsection (3.5).
(4) The professional cash-bail agent or cash-bonding agent shall prepare or
execute separate agreements and documents for each time the agent posts a bail bond with the court. The agent shall give the indemnitor a copy of each document executed in the course of the bail bond transaction.
(5) For three years after the date of discharge of a bail bond and return of
any collateral or proof of notice to the defendant or indemnitor that any promissory note has been satisfied, the professional cash-bail agent or cash-bonding agent shall keep at the agent's business, copies of each receipt, indemnity agreement, bond, disclosure statement, payment plan, bond revocation request, or other document or information related to the bond transaction and shall make these documents available for inspection by the commissioner or the commissioner's authorized representative during normal business hours.
(6) The indemnitor may be the defendant.
(7) The commissioner may examine the business practices, books, and
records of any professional cash-bail agent or cash-bonding agent as often as the commissioner deems appropriate.
Source: L. 2012: Entire article added with relocations, (HB 12-1266), ch. 280,
p. 1522, � 41, effective July 1. L. 2013: (3.5) added, (HB 13-1236), ch. 202, p. 842, � 9, effective May 11. L. 2017: (3.5)(d) amended, (SB 17-236), ch. 312, p. 1678, � 3, effective August 9.
C.R.S. § 10-3-1102
10-3-1102. Definitions. As used in this part 11, unless the context otherwise requires:
(1) Commissioner means the commissioner of insurance.
(2) Insurance policy or insurance contract means any contract of
insurance, indemnity, medical or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any person.
(2.5) Repealed.
(3) Person means any individual, corporation, association, partnership,
reciprocal exchange, interinsurer, Lloyds insurer, nonadmitted insurer, fraternal benefit society, and other legal entities engaged in the insurance business, including agents, limited insurance representatives, agencies, brokers, surplus line brokers, and adjusters. The term also includes medical service plans and hospital service plans regulated under parts 1 and 3 of article 16 of this title 10, health maintenance organizations regulated under parts 1 and 4 of article 16 of this title 10, and multiple employer welfare arrangements operating pursuant to section 10-3-903.5 (7)(d). The plans, arrangements, and organizations shall be deemed to be engaged in the business of insurance for purposes of this part 11 only.
Source: L. 73: R&RE, p. 857, � 1. C.R.S. 1963: � 72-14-2. L. 78: (2.5) added, p.
293, � 1, effective July 1. L. 81: (2.5) repealed, p. 577, � 5, effective June 4. L. 84: (3) amended, p. 331, � 1, effective July 1. L. 87: (3) amended, p. 425, � 1, effective May 1. L. 92: (3) amended, p. 1723, � 4, effective July 1. L. 95: (3) amended, p. 491, �5, effective May 16. L. 2021: (3) amended, (SB 21-063), ch. 467, p. 3363, � 2, effective September 7.
C.R.S. § 10-3-1104.5
10-3-1104.5. HIV testing - legislative declaration - definitions - requirements for testing - limitations on disclosure of test results - penalty. (1) The general assembly declares that a balance must be maintained between the need for information by those conducting the business of insurance and the public's need for fairness in practices for testing for the human immunodeficiency virus, including the need to minimize intrusion into an individual's privacy and the need to limit disclosure of the results of such testing.
(2) As used in this section, unless the context otherwise requires:
(a) AIDS means acquired immunodeficiency syndrome.
(b) Applicant means the individual proposed for coverage.
(c) HIV means human immunodeficiency virus.
(d) HIV infection means infection with the human immunodeficiency virus
or any other related virus identified as a probable causative agent of AIDS.
(e) HIV related test means any laboratory test or series of tests for any
virus, antibody, antigen, or etiologic agent whatsoever thought to cause or to indicate the presence of AIDS.
(f) Person means any individual, corporation, association, partnership,
fraternal benefit society, or any other entity engaged in the insurance business, except insurance agents and brokers. Such term shall also include medical service plans and hospital service plans regulated under parts 1 and 3 of article 16 of this title and health maintenance organizations regulated under parts 1 and 4 of article 16 of this title. Such plans and health maintenance organizations shall be deemed to be engaged in the business of insurance for purposes of this section.
(3) No person shall request or require that an applicant submit to an HIV
related test unless that person:
(a) Obtains the applicant's prior written informed consent; and
(b) Reveals, in the written consent form, and explains the use of the HIV
related test result to the applicant and entities to whom test results may be disclosed pursuant to paragraphs (a) and (b) of subsection (4) of this section; and
(c) Provides the applicant with:
(I) Printed material prior to testing which contains factual information
describing AIDS; its causes, symptoms, and transmission; and the tests used to detect HIV infection and what a person should do if the result of the HIV related test is positive; or
(II) Information on how to obtain relevant counseling from a qualified
practitioner having extensive training and experience in addressing the fears, questions, and concerns of persons tested for HIV infection; and
(d) Administers the HIV related test based upon the following test protocol,
as a minimum:
(I) Two positive ELISA tests and a western blot test with bands present at
p24, p31, and either gp41 or gp160; or
(II) An equally reliable screening or confirmatory test protocol designated by
the commissioner, with the approval of the department of public health and environment; and
(e) Discloses the results of testing in the manner prescribed by subsection
(4) of this section.
(4) (a) On the basis of the applicant's written informed consent as specified
in subsection (3) of this section, a person may disclose an individual applicant's HIV related test results to its reinsurers or to those contractually retained medical personnel, laboratories, and insurance affiliates, excluding agents and brokers, which are involved in underwriting decisions regarding the individual's application if disclosure is necessary to make underwriting decisions regarding such application.
(b) Other than the disclosures permitted by paragraph (a) of this subsection
(4), no person shall disclose HIV related test results which identify the individual applicant with the test results obtained to anyone without first obtaining separate written informed consent for such disclosure from the applicant; except that, if the result of the HIV related test of an applicant is positive or indeterminate, such person may report the test finding to the medical information bureau but only if a nonspecific blood test result code is used which does not indicate that the applicant was tested for HIV infection.
(c) Nothing in this subsection (4) shall be construed to prohibit reporting as
required by the provisions of section 25-4-405, C.R.S.
(5) A person shall notify the applicant in writing of an adverse underwriting
decision based upon the results of such applicant's blood test but shall not disclose the specific results of such blood test to such applicant. The person shall also inform the applicant that the results of the blood test will be sent to the physician designated by the applicant at the time of application and that such physician should be contacted for information regarding the HIV related test. If a physician was not designated at the time of application, the person shall request that the applicant name a physician to whom a copy of the blood test can be sent.
(6) Notwithstanding any other provisions to the contrary, any person who
fails to comply with all the provisions of this section regarding the disclosure of HIV-related test results commits a class 2 misdemeanor.
Source: L. 89: Entire section added, p. 446, � 1, effective April 12. L. 92: (2)(f)
amended, p. 1724, � 5, effective July 1. L. 94: (3)(d)(II) amended, p. 2723, � 318, effective July 1. L. 2016: (4)(c) amended, (SB 16-146), ch. 230, p. 914, � 4, effective July 1. L. 2021: (6) amended, (SB 21-271), ch. 462, p. 3148, � 115, effective March 1, 2022.
Cross references: For the penalty for a class 2 misdemeanor, see � 18-1.3-501.
C.R.S. § 10-3-1105
10-3-1105. Favored agent or insurer - coercion of debtors. (1) No person may:
(a) Require, as a condition precedent to the lending of money, or extension of
credit, or to entering into any lease transaction, or any renewal of any of them, that the person to whom such money or credit is extended, or the lessee, or the person whose obligation the creditor is to acquire or finance negotiate any policy or contract of insurance through a particular insurer or group of insurers or agent or broker or group of agents or brokers;
(b) Unreasonably disapprove the insurance policy provided by a borrower or
lessee for the protection of the property securing the credit, or lien, or which is the subject of the lease. For the purposes of this paragraph (b), disapproval shall be deemed unreasonable if it is not based solely on reasonable standards uniformly applied, relating to the extent of coverage required and the financial soundness and the services of an insurer. Such standards shall not discriminate against any particular type of insurer, nor shall such standards call for the disapproval of an insurance policy because such policy contains coverage in addition to that required; or
(c) Require directly or indirectly that any borrower, mortgagor, purchaser,
insurer, broker, or agent pay a separate charge in connection with the handling of any insurance policy required as security for a loan on real estate, or pay a separate charge to substitute the insurance policy of one insurer for that of another. The provisions of this paragraph (c) shall not apply to the interest which may be charged on premium loans or premium advancements in accordance with the security instrument.
(2) The commissioner may investigate the affairs of any person to whom this
section applies to determine whether such person has violated the provisions of this section. If a violation of this section is found, the person in violation shall be subject to the same procedures and penalties as are applicable to other provisions of this part 11.
(3) For the purposes of this section, person includes any individual,
corporation, association, partnership, or other legal entity.
Source: L. 73: R&RE, p. 861, � 1. C.R.S. 1963: � 72-14-5. L. 85: (1)(a) and (1)(b)
amended, p. 302, � 13, effective May 10.
C.R.S. § 10-3-112
10-3-112. Directors - terms - election - conflicts of interest - recovery of profits. (1) (a) The business of insurance companies incorporated under the laws of this state shall be managed by a board of directors consisting of such number of directors, not less than three, as may be prescribed by the articles of incorporation or bylaws, and said directors shall hold office until their successors are duly elected and qualified. Such directors shall be nominated and elected in the manner prescribed by the bylaws of the company not inconsistent with the laws of this state. No director may serve who has been convicted of fraud involving any financial institution or of a felony, but the commissioner may waive this provision regarding a felony if he or she determines that the particular felony does not jeopardize the person's ability to act as a director.
(b) (I) Each executive officer and director of a domestic company applying
for a certificate of authority to do business in Colorado shall submit a set of fingerprints to the commissioner. The commissioner shall forward such fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Only the actual costs of such record check must be borne by the employer.
(II) When the results of a fingerprint-based criminal history record check of a
person performed pursuant to this subsection (1)(b) reveal a record of arrest without a disposition, the commissioner shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(2) Every domestic insurance company shall report within thirty days to the
commissioner any change in its executive officers or directors, including in its report a statement of the business and professional affiliations of any new executive officer or director. For purposes of this subsection (2), the term executive officer includes only the following: Chairman of the board of directors, president, executive vice-president, secretary, and treasurer.
(3) No director, officer, or employee having any authority in the investment
or disposition of the funds of a domestic insurance company shall accept, except on behalf of the company, or be the beneficiary of any fee, brokerage, gift, or other emolument because of any investment, loan, deposit, purchase, sale, payment, or exchange made by or for the company; but a director who is not otherwise an officer or employee of the company may receive reasonable compensation for necessary services performed for sales or purchases made to or for the company in the ordinary course of its business and in the usual private professional or business capacity of such director.
(4) Any profit or gain received by or on behalf of any person in violation of
subsection (3) of this section shall inure to and be recoverable by the company. Suit to recover such profit may be instituted in any court of competent jurisdiction by the company, or by any stockholder of the company in its name and in its behalf if the company fails or refuses to bring such suit within sixty days after request in writing or fails diligently to prosecute the same thereafter; but no such suit shall be brought more than two years after the date such profit was realized.
Source: L. 13: p. 346, � 31. C.L. � 2502. L. 33: p. 614, � 1. CSA: C. 87, � 29. CRS
53: � 72-1-43. C.R.S. 1963: � 72-1-43. L. 67: p. 163, � 1. L. 69: p. 510, � 1. L. 2002: (1) amended, p. 970, � 1, effective June 1. L. 2019: (1)(b) amended, (HB 19-1166), ch. 125, p. 537, � 2, effective April 18. L. 2022: (1)(b)(II) amended, (HB 22-1270), ch. 114, p. 513, � 3, effective April 21.
C.R.S. § 10-3-207
10-3-207. Fees paid by insurance companies. (1) Every entity regulated by the division in this state shall pay the following fees to the division:
(a) For investigating and processing an initial application for authorization or
licensure as a foreign or domestic insurance company to do business in this state, a nonrefundable fee of five hundred dollars, which fee shall accompany each application for authorization or licensure;
(b) In each year subsequent to 1992, in addition to any fee collected under
paragraph (a) of this subsection (1), every insurance company, interinsurance company, fraternal benefit society, health maintenance organization, and nonprofit hospital, medical-surgical, and health service corporation licensed or authorized in this state that is regulated by the division of insurance shall make an annual nonrefundable payment on or before March 1 of each year based on the schedule specified in this paragraph (b) at the time of authorization and each subsequent renewal year. For nonadmitted insurers and accredited reinsurers, the fee specified in this paragraph (b) shall be considered to include the fee pursuant to paragraph (a) of this subsection (1):
(I) For insurance companies, interinsurance companies, fraternal benefit
societies, health maintenance organizations, and nonprofit hospital, medical-surgical, and health service corporations that have prior year's direct written premiums, gross contract funds, or charges received in Colorado not exceeding one million dollars, a fee of six hundred seventy dollars;
(II) For insurance companies, interinsurance companies, fraternal benefit
societies, health maintenance organizations, and nonprofit hospital, medical-surgical, and health service corporations that have prior year's direct written premiums, gross contract funds, or charges received in Colorado in excess of one million dollars but not exceeding ten million dollars, a fee of two thousand ten dollars. Any insurance company that did not write at least eighty thousand dollars of taxable premiums in the previous year in Colorado shall not exceed the fee as otherwise would have been payable pursuant to subparagraph (I) of this paragraph (b).
(III) For insurance companies, interinsurance companies, fraternal benefit
societies, health maintenance organizations, and nonprofit hospital, medical-surgical, and health service corporations that have prior year's direct written premiums, gross contract funds, or charges received in Colorado in excess of ten million dollars, a fee of three thousand three hundred forty-five dollars. Any insurance company that did not write at least one hundred twenty thousand dollars of taxable premium in Colorado shall not exceed the fee as otherwise would have been payable pursuant to subparagraph (II) of this paragraph (b).
(c) (Deleted by amendment, L. 92, p. 1545, � 36, effective July 1, 1992.)
(d) and (e) Repealed.
(f) (I) For the purpose of providing adequate funds to the division for market
analysis, investigation, and enforcement of article 11 of this title and rules adopted pursuant to said article 11, in addition to any other fee collected pursuant to this subsection (1), each title insurer regulated by the division pursuant to article 11 of this title shall pay a nonrefundable annual fee on or before March 1 of each year. This fee shall be established by the commissioner in an amount sufficient to support two full-time equivalents within the division.
(II) Repealed.
(III) Notwithstanding any provision of section 10-1-103 or 10-1-108 (9) to the
contrary, all fees and surcharges collected pursuant to this paragraph (f) shall be transmitted to the state treasurer, who shall deposit the same in the division of insurance cash fund created in section 10-1-103, and shall be subject to annual appropriation to the division and to the department of law for the purposes set forth in this paragraph (f).
(IV) Notwithstanding section 24-1-136 (11)(a)(I), commencing January 1, 2009,
the division shall provide annual reports to the joint budget committee, the senate business, labor, and technology committee, and the house business affairs and labor committee, or any successor committees, and shall post on the division's website a statistical report of the number of enforcement actions taken, market trends associated with title insurance and real estate transactions, and consumer complaints supported by the fee in subparagraph (I) of this paragraph (f).
(1.5) Every entity regulated by the division of insurance not identified in
paragraph (b) of subsection (1) of this section shall pay a fee of five hundred dollars at the time of its license or authorization renewal.
(2) Fees collected by the division of insurance pursuant to this section shall
be transmitted to the state treasurer and credited to the division of insurance cash fund, created in section 10-1-103 (3).
(3) (Deleted by amendment, L. 92, p. 1545, � 36, effective July 1, 1992.)
(4) Fair and reasonable fees for various administrative services of the
division of insurance, including but not limited to copying, record searches, computer listings, computer disks or tapes, and requests for any such services from individuals, shall be determined by the commissioner.
(5) Notwithstanding the amount specified for any fee in this section, the
commissioner by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commissioner by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
Source: L. 13: p. 331, � 14. C.L. � 2484. CSA: C. 87, � 12. L. 53: p. 369, � 1. CRS
53: � 72-1-12. L. 59: p. 507, � 2. C.R.S. 1963: � 72-1-12. L. 65: pp. 752, 753, �� 1, 2. L. 71: p. 693, � 1. L. 77: (1)(q) added, p. 503, � 1, effective March 7. L. 78: (1)(h), (1)(i), (2)(d), and (2)(e) amended, p. 290, � 4, effective July 1. L. 86: (1)(d), (1)(e), (2)(d), and (2)(e) amended, p. 554, � 4, effective July 1. L. 89: (1)(d), (1)(e), (1)(j), (2)(d), and (2)(e) amended, p. 436, � 6, effective July 1. L. 91: Entire section amended, p. 1229, � 4, effective June 5. L. 92: Entire section amended, p. 1545, � 36, effective July 1. L. 95: IP(1)(b) amended, p. 490, � 3, effective May 16. L. 96: (1)(d) added, p. 684, � 1, effective August 1. L. 97: (1)(b) amended, p. 1413, � 5, effective June 3; (1)(e) added, p. 1043, � 5, effective August 6. L. 98: (5) added, p. 1325, � 26, effective June 1. L. 2006: (1)(e) amended, p. 1209, � 1, effective May 26; (1)(d) repealed, p. 1490, � 10, effective June 1. L. 2007: (1)(f) added, p. 1749, � 1, effective June 1. L. 2008: IP(1) amended, p. 1880, � 12, effective August 5. L. 2010: (1)(e) repealed, (HB 10-1385), ch. 204, p. 884, � 9, effective May 5. L. 2017: (1)(f)(IV) amended, (SB 17-044), ch. 4, p. 6, � 2, effective August 9.
Editor's note: (1) Subsection (1)(f)(II)(B) provided for the repeal of subsection
(1)(f)(II), effective July 1, 2008. (See L. 2007, p. 1749.)
(2) Subsection (1)(e) was relocated to � 10-3-207.5 in 2010.
Cross references: For disposition of fees, see � 10-1-108.
C.R.S. § 10-3-209
10-3-209. Tax on premiums collected - exemptions - penalties - filing system - division to contract with third parties - rules - repeal. (1) (a) All insurance companies writing business in this state, including, without limitation, those defined in section 10-1-102 (6), except a disqualified insurance company, shall pay to the division of insurance a tax on the gross amount of all premiums collected or contracted for on policies or contracts of insurance covering property or risks in this state during the previous calendar year, after deducting from such gross amount the amount received as reinsurance premiums on business in this state, and the amount refunded under credit life and credit accident and health insurance policies on account of termination of insurance prior to the maturity date of the indebtedness, and, in the case of companies other than life, the amounts paid to policyholders as return premiums, which shall include dividends or unabsorbed premiums or premium deposits returned or credited to policyholders.
(b) (I) The rate of tax is as follows:
(A) For companies not exempted or charged a different rate of tax by
another provision of this section, the rate of tax on the gross amount shall be:
Premium collected or
contracted for during:Rate of tax:
19962.20%
19972.15%
19982.10%
19992.05%
2000 and thereafter2.00%
(B) For direct written premiums in 2025, for companies maintaining a home
office or a regional home office in this state, the rate of tax on the gross amount is one percent. On and after January 1, 2026, the tax rate is two percent.
(II) For purposes of this subsection (1)(b), except as otherwise provided in
subsection (1)(b)(II.5) of this section, any company is deemed to maintain a home office or regional home office in this state if such company either:
(A) Substantially performs in this state the following functions, or
substantially equivalent functions, for the company for each state in which the company is licensed, or for three or more of such states: Actuarial, medical, legal, approval or rejection of applications, issuance of policies, information and service, advertising and publications, public relations, hiring, testing, and training of sales and service forces; or
(B) Maintains significant direct insurance operations in this state that are
supported by functional operations which are both necessary for and pertinent to a line or lines of business written by the company in this state.
(II.5) To be deemed to maintain a home office or regional home office in this
state, a company must meet one of the criteria set forth in subsection (1)(b)(II) of this section and also have a workforce in the state that is greater than or equal to:
(A) Two percent of the company's total domestic workforce, for taxes that
are due and payable for calendar year 2022;
(B) Two and one-quarter percent of the company's total domestic workforce,
for taxes that are due and payable for calendar year 2023; and
(C) Two and one-half percent of the company's total domestic workforce, for
taxes that are due and payable for calendar year 2024 and each calendar year thereafter.
(II.7) For purposes of the calculation required in subsection (1)(b)(II.5) of this
section, a workforce includes all employees of the company; the company's ultimate parent entity; subsidiaries; and affiliates, as defined in section 10-3-801 (1), but excludes agents, brokers, and their staff.
(III) Any company desiring to qualify an office in this state as a home or
regional home office shall make application for qualification to the commissioner on forms prescribed by the commissioner and shall submit proof that it is operating a home or a regional home office in this state. Applications for companies that were not approved in the immediate preceding year shall be received by the commissioner by December 31 of the year immediately preceding the year for which the application for qualification is being made. Applications for companies that were approved in the immediate preceding year shall be received by the commissioner by March 1 of the year for which qualification is being made. Applications for companies that were approved in the immediate preceding year received through March 31 shall pay a late charge of one hundred dollars per day for each day after March 1 that any such application is received by the commissioner. Applications received after March 31 shall be denied. The provisions of subsection (2) of this section shall not apply to companies maintaining a home office or regional home office in this state.
(IV) Subsections (1)(b)(I)(B), (1)(b)(II), (1)(b)(II.5), (1)(b)(II.7), and (1)(b)(III) of this
section and this subsection (1)(b)(IV) are repealed, effective December 31, 2026.
(c) The taxes prescribed in paragraph (b) of this subsection (1) shall
constitute all taxes collectible under the laws of this state against any such insurance companies, and no other occupation tax or other taxes shall be levied or collected from any insurance company by any county, city, or town within this state, but this title (except article 15) and article 14 of title 24, C.R.S., shall not be construed to prohibit the levy and collection of state, county, school, and municipal taxes upon the real and personal property of such companies, nor shall it include or prohibit the levy and collection of a tax to be paid on net workers' compensation premiums, as provided under the Colorado Medical Disaster Insurance Fund Act, part 3 of article 46 of title 8, C.R.S.
(d) (I) All fraternal and benevolent associations organized under the laws of
this state and doing business in this state shall be exempt from the provisions of this section.
(II) and (III) Repealed.
(IV) Except to the extent provided in subsection (2) of this section, the tax
imposed by this section shall not apply to premiums collected or contracted for after December 31, 1968, on policies or contracts issued in connection with a pension, profit sharing, or annuity plan established by an employer for employees if contributions by such employer thereunder are deductible by such employer in determining such employer's net income as defined in section 39-22-304, and shall not apply to premiums collected or contracted for after December 31, 1968, on policies or contracts purchased for an employee by an employer if such employer is exempt under section 39-22-112 from the tax imposed by article 22 of title 39, or is a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state. The tax imposed by this section shall not apply to annuity considerations collected or contracted for after December 31, 1976, except to the extent provided in subsection (2) of this section and except for taxes that are due and payable for the calendar year 2021 and each calendar year thereafter, this exemption only applies to annuity considerations that are used as qualified funding assets under section 130 of the internal revenue code or annuity considerations that are purchased in connection with:
(A) A plan under section 401 (a) of the federal Internal Revenue Code of
1986, as amended;
(B) A Roth 401(k) under section 402A of the federal Internal Revenue Code
of 1986, as amended;
(C) A tax-sheltered annuity plan under section 403 (b) of the federal
Internal Revenue Code of 1986, as amended;
(D) An individual retirement account under section 408 (a) of the federal
Internal Revenue Code of 1986, as amended;
(E) An individual retirement annuity under section 408 (b) of the federal
Internal Revenue Code of 1986, as amended;
(F) A simplified employee pension under section 408 (k) of the federal
Internal Revenue Code of 1986, as amended;
(G) A simple retirement account under section 408 (p) of the federal
Internal Revenue Code of 1986, as amended;
(H) A deferred compensation plan under section 457 of the federal Internal
Revenue Code of 1986, as amended;
(I) A Roth 457 under section 457 of the federal Internal Revenue Code of
1986, as amended; and
(J) A qualified retirement plan not specified in this subsection (1)(d)(IV) or a
Roth version of any qualified retirement plan.
(V) Repealed.
(e) The taxes provided for in this section shall be due and payable on the first
day of March in each year. Any company failing or refusing to render such statement and information, or to pay taxes as specified in this section, for more than thirty days after the time specified, shall be liable to a penalty of up to one hundred dollars for each additional day of delinquency, to be assessed by the commissioner. If the tax paid is less than the full amount prescribed by this section, interest at the rate of one percent per month or fraction thereof on the unpaid amount shall be charged from the date on which payment was due to the date on which full payment is made, and a penalty of up to twenty-five percent of the unpaid amount may be assessed by the commissioner. The commissioner may suspend the certificate of authority of a delinquent company until such taxes and penalty, should any penalty be imposed, are fully paid.
(f) In computing assets for the purpose of this section, the investments of
any such company in the bonds, notes, or other obligations of the United States of America, or any instrumentality of the United States, the obligations of which are guaranteed by the United States, and deferred or uncollected insurance premiums and annuity considerations shall first be deducted. Any company claiming entitlement to any reduced rate provided in this section shall present such evidence in justification of its claim as may be required by the commissioner.
(g) Repealed.
(2) When, by the laws of any other state, any taxes and fees in the
aggregate, fines, penalties, deposits of money or securities or other obligations, prohibitions, or requirements are imposed upon insurers organized under any law of this state and transacting business in such other state, or upon the agents of such insurer, greater in aggregate amount than those imposed upon similar insurers by the laws of this state, or when the laws of any other state require insurers of this state to deposit money or security for the benefit or protection of citizens of such other state, or when the laws or officers of any other state prohibit insurers of this state from transacting business therein without a special examination of the insurers or a computation of their liabilities by the officers of that state, the same taxes and fees in the aggregate, fines, penalties, deposits, examinations, obligations, and requirements may be imposed by the commissioner upon all insurers doing business in this state that are incorporated or organized under the laws of such other state and upon their agents. For the purpose of this section, an alien insurer may be deemed to be domiciled in a state designated by it wherein it has established its principal office or agency in the United States or maintains the largest amount of its assets. If no such office or agency is established, its domicile is the country under laws of which it is formed.
(3) (a) Anything in subsection (1) of this section to the contrary
notwithstanding, any insurance company doing business in this state which was liable for payment of more than five thousand dollars in taxes, as provided in this section, during the preceding calendar year shall, on and after January 1, 1971, pay quarterly estimates of such taxes as provided in paragraphs (b) to (d) of this subsection (3).
(b) Such estimated taxes shall become due and payable on the last day of
the month following the close of any calendar quarter of the year, except for the fourth quarter which shall be due March 1 and shall include adjustments for the preceding calendar year. Any company failing or refusing to pay such estimated taxes for more than thirty days after the time specified shall be liable to a penalty of up to one hundred dollars for each additional day of delinquency, to be assessed by the commissioner. Failure of a company to make quarterly payments, if required, each payment to be of at least one-fourth of either the total tax paid during the preceding calendar year or eighty percent of the actual quarterly tax for the current calendar year, whichever is lesser, shall be considered and treated the same as a failure or refusal to pay the estimated taxes and shall subject the company to the penalties provided in this subsection (3)(b). The amount of estimated taxes and the penalties collected shall be paid to the division of insurance, and the commissioner may suspend the certificate of authority of such delinquent company until such estimated taxes and penalty, should any penalty be imposed, are fully paid.
(c) Estimated taxes paid pursuant to this subsection (3) shall be based on the
estimated amount of taxable premiums during the preceding calendar quarter. Calendar quarter estimates of taxes may include adjustments for any previous calendar quarter estimates of taxes and allowable tax credits claimed by the company in accordance with part 1 of article 3.5 of this title 10, part 2 of article 36 of title 24, part 2 of article 46 of title 24, part 21 of article 22 of title 39, or any other law authorizing a credit against premium tax liability. Estimated taxes shall be paid on the basis of such adjusted estimates.
(d) (I) Adjustments in payments of estimated taxes for any calendar year
shall be made at the time of the filing of the annual statement required under section 10-3-208 and the payment of taxes required by this section. If, upon the filing of the annual statement, a company has overpaid its taxes for any calendar year, the company may either apply the overpayment to its calendar quarter estimates of taxes in a subsequent calendar year or claim a refund for the amount of the overpayment. If a company claims a refund, it shall file for such refund at the time of filing such annual statement, and, if the commissioner claims a deficiency, the commissioner shall notify the deficient company thereof.
(II) In calculating the amount of a refund claimed pursuant to subsection
(3)(d)(I) of this section, the value of a nonrefundable tax credit claimed by the company must be applied first to the company's total tax liability, prior to applying any other payment made by the company regardless of the order in which such payments or credits were received. The refund must not exceed the total amount of any additional payments made by the company.
(4) (a) The division of insurance shall transmit all taxes, penalties, and fines it
collects under this section to the state treasurer for deposit in the general fund; except that the state treasurer shall deposit amounts in the specified cash funds as follows:
(I) In the division of insurance cash fund created in section 10-1-103 (3), an
amount that is equal to the general assembly's appropriation from the fund to the division for its direct and indirect expenditures less the total fee revenue that is deposited in the fund; except that the amount deposited in the fund under this subparagraph (I) shall not exceed five percent of all taxes collected under this section;
(II) In the wildfire emergency response fund created in section 24-33.5-1226
and the wildfire preparedness fund created in section 24-33.5-1227, the amount of the taxes, penalties, and fines that the general assembly appropriates to each of the cash funds; and
(III) Repealed.
(b) Repealed.
(5) For the purpose of auditing a company's tax statement, the commissioner
or the commissioner's designee, which may include an independent examiner under section 10-1-204 (6), has the power to examine any books, papers, records, agreements, or memoranda bearing upon the matters required to be included in the tax statement. Such books, papers, records, agreements, or memoranda shall be made available upon request to the commissioner's office or the commissioner's designee.
(6) (a) All taxes, penalties, fines, fees, and associated filings required under
this section must be submitted to the division through a secure web-based application system identified by the division. The commissioner may enter into a contract with a qualified third party, including the National Association of Insurance Commissioners, for a secure web-based application system that would allow premium taxes paid by insurance companies to be filed for multiple states on a single web-based application system. The third party may charge the insurance company a nominal fee for this service that is reasonably related to the overall cost of the service of collecting filings and payments and transmitting those filings and payments to the division. A fee charged by the third party as part of this subsection (6) is not subject to section 10-3-207 or subsection (4)(a) of this section.
(b) Pursuant to article 4 of title 24, the commissioner may promulgate rules
necessary to implement, operate, and enforce this subsection (6).
(c) In contracting with a qualified third party for a secure web-based
application system described in this subsection (6), the commissioner is exempt from the Procurement Code, articles 101 to 112 of title 24.
(d) In submitting taxes, penalties, fines, fees, and associated filings required
under this section to the division, an insurance company shall identify the total annual dollar amount of premiums collected or contracted for on policies or contracts of insurance covering property or risks in Colorado during the previous calendar year from entities that are exempt from taxation pursuant to section 10-3-209 (1)(d)(IV).
Source: L. 13: p. 332, � 16. C.L. � 2486. L. 33: p. 636, � 1. CSA: C. 87, � 14. L.
41: p. 515, � 1. L. 53: p. 378, � 1. CRS 53: � 72-1-14. L. 55: p. 443, � 1. L. 59: p. 505, � 1. L. 60: p. 149, � 1. L. 61: p. 438, � 1. L. 63: p. 568, �� 1, 2. C.R.S. 1963: � 72-1-14. L. 65: p. 755, � 1. L. 69: pp. 504-506, �� 1-4, 1. L. 70: p. 243, � 1. L. 71: p. 694, � 1. L. 73: pp. 833, 834, �� 1, 2. L. 75: (1)(c) amended, p. 310, � 55, effective September 1. L. 77: (1)(d)(IV) amended, p. 504, � 1, effective June 21. L. 81: (1)(d)(IV) and (3)(b) amended, p. 525, � 1, effective May 13. L. 86: (1)(d)(V) added, p. 549, � 2, effective July 1. L. 87: (1)(d)(IV) amended, p. 1451, � 27, effective June 22. L. 90: (1)(c) amended, p. 558, � 14, effective July 1. L. 92: (1)(b)(II), (1)(c), and (4) amended, p. 1548, � 38, effective May 20. L. 95: (1)(b)(I) amended, p. 490, � 4, effective May 16. L. 96: (1)(a) and (1)(b) amended, p. 551, � 1, effective April 24. L. 97: (5) added, p. 531, � 4, effective April 24. L. 2000: (1)(a) amended, p. 1616, � 2, effective August 2. L. 2003: (1)(a) amended, p. 616, � 9, effective July 1. L. 2004: (1)(c) amended, p. 900, � 15, effective May 21. L. 2012: (1)(c) amended, (HB 12-1266), ch. 280, p. 1505, � 28, effective July 1. L. 2013: (4) amended, (SB 13-270), ch. 250, p. 1316, � 5, effective May 23. L. 2014: (4)(a) amended, (HB 14-1195), ch. 117, p. 418, � 1, effective July 1. L. 2016: (1)(b) amended, (SB 16-165), ch. 278, p. 1145, � 1, effective January 1, 2017. L. 2019: (4)(a) amended, (HB 19-1168), ch. 204, p. 2187, � 2, effective May 17. L. 2020: (4)(a)(III) amended, (SB 20-215), ch. 201, p. 1001, � 10, effective June 30. L. 2020, 1st Ex. Sess.: (3)(b), (3)(c), and (3)(d) amended, (HB 20B-1006), ch. 5, p. 31, � 1, effective December 7. L. 2021: (1)(a) amended, (HB 21-1311), ch. 298, p. 1786, � 12, effective June 23; IP(1)(b)(II), (1)(d)(IV), and (5) amended and (1)(b)(II.5) and (1)(b)(II.7) added, (HB 21-1312), ch. 299, p. 1789, � 2, effective July 1. L. 2023: (1)(d)(II), (1)(d)(III), and (1)(g) repealed, (HB 23-1121), ch. 35, p. 118, � 1, effective August 7. L. 2024: (6) added, (HB 24-1119), ch. 38, p. 137, � 2, effective March 22; (4)(a)(III)(A) amended and (4)(a)(III)(C) added, (HB 24-1470), ch. 491, p. 3446, � 2, effective June 7. L. 2025: (6)(d) added, (HB 25-1296), ch. 202, p. 912, � 3, effective May 16. L. 2025, 1st Ex. Sess.: IP(1)(b)(I) and (1)(b)(I)(B) amended and (1)(b)(IV) added, (HB 25B-1003), ch. 7, p. 24, � 2, effective August 28.
Editor's note: (1) Subsection (1)(d)(V)(B) provided for the repeal of subsection
(1)(d)(V), effective July 1, 1989. (See L. 86, p. 549.)
(2) Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective
July 1, 2014. (See L. 2013, p. 1316.)
(3) Subsection (4)(a)(III)(C) provided for the repeal of subsection (4)(a)(III),
effective July 1, 2025. (See. L. 2024, p. 3446.)
Cross references: (1) For required equality as to liabilities under subsection
(1)(b) imposed by statute on domestic and foreign corporations, see article 115 of title 7; for legal effect, when discrimination exists, see American Smelting & Refining v. Colorado, 204 U.S. 103, 27 S. Ct. 198, 51 L. Ed. 393; for annual financial statements, see � 10-3-208.
(2) For the legislative declaration in HB 21-1311, see section 1 of chapter 298,
Session Laws of Colorado 2021. For the legislative declaration in HB 21-1312, see section 1 of chapter 299, Session Laws of Colorado 2021. For the legislative declaration in HB 24-1119, see section 1 of chapter 38, Session Laws of Colorado 2024. For the legislative declaration in HB 25-1296, see section 1 of chapter 202, Session Laws of Colorado 2025. For the legislative declaration in HB 25B-1003, see section 1 of chapter 7, Session Laws of Colorado 2025, First Extraordinary Session.
C.R.S. § 10-3-215
10-3-215. Evidences of indebtedness. (1) A domestic insurance company may invest in lawfully issued interest-bearing evidences of indebtedness, including interest-bearing bonds, bonds that provide for imputed interest payable at maturity, revenue bonds, debentures, and other instruments evidencing indebtedness for the payment of money:
(a) Issued by the United States, by an agency or instrumentality of the United
States, or by any state, territory, district, or political subdivision of the United States;
(b) Guaranteed or insured as to the payment of principal and interest by the
United States or any agency or instrumentality thereof, or by any state, territory, district, or political subdivision of the United States;
(c) Of counties, districts, townships, municipalities, and political subdivisions
within the states, territories, and districts of the United States; except that investment in special improvement district obligations shall be limited to those which have received a designation or rating equivalent to or better than those specified in subsection (2)(b) of this section or, if not so designated or rated, have a credit enhancement approved by the commissioner;
(d) Issued by Canada, by provinces or districts of Canada, or by counties,
districts, townships, municipalities, or political subdivisions of Canada, or guaranteed or insured as to the payment of principal and interest by Canada or by a province or district of Canada;
(e) Issued by institutions created under the laws of the United States, of any
state, territory, or district of the United States, or of Canada or a province of Canada, which institutions are not referenced in subsection (1)(a), (1)(b), (1)(c), or (1)(d) of this section; but the aggregate value of all bonds and other evidences of indebtedness of any one institution that may be admitted assets under this section must not exceed three percent of the company's admitted assets except as:
(I) To those bonds and other evidences of indebtedness of insurance
companies admitted to do business in a state of the United States or in the District of Columbia, for coinsurance or reinsurance purposes, in which case the bonds or other evidences of indebtedness must not exceed the greater of three percent of the domestic insurance company's admitted assets or five percent of the debtor insurance company's admitted assets or loans; or
(II) May be otherwise authorized under section 10-3-802;
(f) Of farm credit banks and banks for cooperatives, or other similar
corporations organized under the laws of the United States;
(g) Repealed.
(h) Issued by, or guaranteed or insured as to the payment of principal and
interest by, any foreign government other than those listed in paragraph (d) of this subsection (1); except that the aggregate value of all such bonds and other evidences of indebtedness which may be admitted assets pursuant to this paragraph (h) and paragraph (i) of this subsection (1) shall not exceed twenty percent of the domestic insurance company's admitted assets, and except that the aggregate amount of foreign investments that may be admitted assets pursuant to this paragraph (h) and to paragraph (i) of this subsection (1) in a single foreign jurisdiction shall not exceed:
(I) Ten percent of its admitted assets as to a foreign jurisdiction that has a
sovereign debt rating from a nationally recognized statistical rating organization recognized by the securities valuation office of the national association of insurance commissioners equivalent to securities valuation office rating 1 in the then current purposes and procedures manual of the securities valuation office; or
(II) Three percent of its admitted assets as to any other foreign jurisdiction.
(i) Of solvent foreign institutions other than those specified in paragraphs (e)
and (j) of this subsection (1) which are not in default in the payment of interest on any of their bonds at the time the investment is made; except that the aggregate value of all such bonds and other evidences of indebtedness which may be admitted assets pursuant to this paragraph (i) and paragraph (h) of this subsection (1) shall not exceed twenty percent of the domestic insurance company's admitted assets, and except that the aggregate amount of foreign investments that may be admitted assets pursuant to this paragraph (i) and to paragraph (h) of this subsection (1) in a single foreign jurisdiction shall not exceed:
(I) Ten percent of its admitted assets as to a foreign jurisdiction that has a
sovereign debt rating from a nationally recognized statistical rating organization recognized by the securities valuation office of the national association of insurance commissioners equivalent to securities valuation office rating 1 in the then current purposes and procedures manual of the securities valuation office; or
(II) Three percent of its admitted assets as to any other foreign jurisdiction.
(j) Issued by, or guaranteed or insured as to the payment of principal and
interest by, the international bank for reconstruction and development, the inter-American development bank, the African development bank, or the Asian development bank; but the aggregate value of all bonds and other evidences of indebtedness which may be admitted assets pursuant to this paragraph (j) shall not exceed five percent of the domestic insurance company's admitted assets.
(2) A domestic insurance company may invest in mortgage-backed
securities, including collateralized mortgage obligations and other obligations for the payment of money secured by participation certificates or loans secured, directly or indirectly, by real estate mortgages or deeds of trust if:
(a) The obligation or each participation certificate or loan is fully guaranteed
or insured as to principal and interest by the United States or by any state, territory, or district thereof, or by any agency, instrumentality, or political subdivision of one or more of the foregoing; but the aggregate value of any one issue of such obligations which may be admitted assets pursuant to this paragraph (a) shall not exceed five percent of the domestic insurance company's admitted assets; or
(b) The obligations have received a 1 or 2 quality designation by the
securities valuation office of the national association of insurance commissioners as set forth in its most recently published valuations of securities manual or are rated investment grade in Standard & Poor's (at least BBB-) or Moody's (at least Baa3) bond guides, or have received comparable designations or ratings in the event the method of presenting such designations or ratings later changes or such designations or ratings are provided by successor entities, or have received comparable investment grade designations or ratings by any similar organization approved by the commissioner; but the aggregate value of any one issue of such obligations which may be admitted assets pursuant to this paragraph (b) shall not exceed three percent of the domestic insurance company's admitted assets.
Source: L. 69: p. 492, � 5. C.R.S. 1963: � 72-2-21. L. 75: (1)(e) amended, p.
335, � 1, effective July 1. L. 81: (1)(e) amended and (1)(g) repealed, pp. 527, 531, �� 2, 11, effective July 1. L. 86: IP(1) amended, p. 560, � 1, effective April 3. L. 91: (1) amended and (2) added, p. 1174, � 1, effective May 18. L. 92: (1)(e) and (1)(i) amended, p. 1767, � 4, effective March 20. L. 2000: (1)(h) and (1)(i) amended, p. 1729, � 2, effective August 15. L. 2020: IP(1), (1)(a), (1)(d), (1)(e), and IP(2) amended, (HB 20-1136), ch. 87, p. 347, � 1, effective September 14.
C.R.S. § 10-3-216
10-3-216. Mortgage loans. (1) A domestic insurance company may acquire, either directly or indirectly, obligations secured by mortgages on real estate located in the United States or Canada, but the company shall not acquire a mortgage loan that is not secured by a first lien unless the company is the holder of the first lien. Authority to acquire a mortgage loan is subject to the following:
(a) (I) At the time of acquisition, no such loan shall exceed:
(A) Ninety percent of the value of the real property if the mortgage loan is
secured by a purchase-money mortgage or like security received by the insurer upon disposition of the real property;
(B) Eighty percent of the value of the real property if the mortgage loan is
secured by commercial real property or by real property that is improved with a residential building designed for occupancy by five or more dwelling units and if the mortgage loan: Requires immediate scheduled payment in periodic installments of principal and interest; has an amortization period of thirty years or less; and requires periodic payments to be made no less frequently than annually. In addition, each periodic payment must be sufficient to assure that, at all times, the outstanding principal balance of the mortgage loan does not exceed the outstanding principal balance that would be outstanding under a mortgage loan with the same original principal balance, with the same interest rate, and requiring equal payments of principal and interest with the same frequency over the same amortization period. Mortgage loans permitted under this sub-subparagraph (B) are permitted notwithstanding the fact that they provide for a payment of the principal balance prior to the end of the period of amortization of the loan. If the loan meets all other requirements of this sub-subparagraph (B), acceptable private mortgage insurance has been obtained, and the mortgage loan is secured by real property that is improved with a residential building, including a condominium, designed for occupancy by not more than four dwelling units, the loan may be up to ninety-seven percent of the value of the real property.
(C) Seventy-five percent of the value of the real property if the mortgage
loan is secured by a mortgage that does not meet the requirements set forth in sub-subparagraph (A) or (B) of this subparagraph (I).
(II) In all cases, value must be evidenced by the written appraisal of a
qualified real estate appraiser, who may be an employee of the company; except that, in the case of property used for the production of oil, of gas, or of other minerals, the appraisal must be made by an engineer or geologist qualified in the relevant field. For commercial properties of over one hundred thousand dollars in value, the appraiser must be a member of an institute of real estate appraisers, or its equivalent.
(b) and (c) Repealed.
(d) Any improvements must be insured against casualty loss, for the benefit
of the lending company, by a reliable property and casualty insurance company for an amount not less than the unpaid balance of the obligation or the insurable value of the property, whichever is less.
(e) The company must hold the documents necessary to evidence the
company's ownership of the company's liens. If, under the law of the jurisdiction where the real property is situated, it is necessary to the validity of the lien to record a mortgage or assignment of the lien, the company must record the mortgage or assignment in compliance with such law.
(f) The entire mortgage loan obligation must be owned by the company;
except that the company may own this type of obligation in common with other participants if, at the time of the company's investment, each participant is:
(I) A bank whose depositors are insured by the federal deposit insurance
corporation;
(II) A savings and loan association whose members are insured by the federal
deposit insurance corporation or any successor agency thereto;
(III) A trust for a pension or other benefit plan for employees qualified under
section 401 of the federal Internal Revenue Code of 1986, as amended;
(IV) An insurance company organized in any state of the United States, the
District of Columbia, or any province of Canada; or
(V) A corporation or association owned wholly by one or more of the entities
or one or more wholly owned subsidiaries of the entities specified in subparagraph (I), (II), or (IV) of this paragraph (f).
(g) Repealed.
(h) If before a loan is paid the value of the real property, including any
improvements thereon, securing the loan depreciates, the loan may nevertheless be carried as an admitted asset, but not for an amount exceeding seventy-five percent of the current value of the real property.
(i) The maximum amount of a loan made, directly or indirectly, to any one
obligor that may be an admitted asset of the company under this section must not exceed two percent of the company's admitted assets.
(j) The aggregate amount of investments of a company that may be admitted
assets under this section must not exceed fifty percent of the company's admitted assets.
(2) (a) A domestic insurance company may acquire a mortgage loan secured
by a mortgage on real estate located in a foreign jurisdiction having a sovereign debt rating of 1 from the securities valuation office of the National Association of Insurance Commissioners if the mortgage loan otherwise meets the requirements of subsection (1) of this section; except that the aggregate amount of foreign mortgage loans that may be admitted assets under this subsection (2)(a) must not exceed ten percent of the company's admitted assets.
(b) This subsection (2) does not apply to a jurisdiction described in
subsection (1) of this section.
Source: L. 69: p. 492, � 5. C.R.S. 1963: � 72-2-22. L. 71: p. 708, � 1. L. 73: pp.
839, 840, �� 1, 2. L. 75: (1)(j) amended, p. 339, � 1, effective June 26; (1)(f) R&RE, p. 335, � 2, effective July 1. L. 81: (1)(a) amended, p. 532, � 1, effective April 1; (1)(f) and (1)(j) amended, p. 528, � 3, effective July 1. L. 93: (1)(f)(II) amended, p. 1772, � 25, effective June 6; (1)(i) and (1)(j) amended, p. 574, � 2, effective July 1. L. 2000: (1)(f)(III) amended, p. 1839, � 7, effective August 2. L. 2004: (1)(f)(II) amended, p. 148, � 51, effective July 1. L. 2014: IP(1), (1)(a), and (1)(e) amended and (1)(b) and (1)(g) repealed, (SB 14-209), ch. 396, p. 1995, � 1, effective August 6. L. 2020: IP(1), (1)(a)(II), (1)(d), (1)(e), IP(1)(f), (1)(i), and (1)(j) amended, (1)(c) repealed, and (2) added, (HB 20-1136), ch. 87, p. 348, � 2, effective September 14.
C.R.S. § 10-3-217
10-3-217. Federally guaranteed or insured real estate loans. Domestic insurance companies may invest in obligations for the payment of money secured by real estate mortgages or deeds of trust which are either guaranteed or insured by the United States, any state, territory, or district thereof, or by any agency, instrumentality, or political subdivision of one or more of the foregoing, if any such investment which is in excess of the value limitation set forth in section 10-3-216 (1)(a) is so insured or guaranteed.
Source: L. 69: p. 494, � 5. C.R.S. 1963: � 72-2-23.
C.R.S. § 10-3-218
10-3-218. Real estate for use in company's business. Domestic insurance companies may invest in real estate for the accommodation of the company's business, but the aggregate investments by a company that may be admitted assets under this section shall not exceed fifteen percent of the company's admitted assets unless the commissioner has given prior approval of a greater aggregate investment. Any space in the company's home office building that is not required for its use may be rented to others. The commissioner may approve investments under this section which in the aggregate will not exceed twenty percent of the company's admitted assets, upon a finding that such investments do not render the company's operation hazardous, or its condition unsound, to the public or its policyholders.
Source: L. 69: p. 494, � 5. C.R.S. 1963: � 72-2-24. L. 81: Entire section
amended, p. 529, � 4, effective July 1. L. 2001: Entire section amended, p. 280, � 3, effective March 30.
C.R.S. § 10-3-219
10-3-219. Real estate acquired in satisfaction of indebtedness. (1) The following shall be admitted assets:
(a) Such real estate as has been mortgaged to the company in good faith, by
way of security for loans or for money due it;
(b) Such real estate as is conveyed to the company in good faith in
satisfaction of debts previously contracted in the course of its business;
(c) Such real estate as is purchased at sales under execution issued on
judgments and decrees based upon debts due, or at foreclosure sales under mortgages or deeds of trust owned or held by the company or obtained by redemption as junior judgment creditor or mortgagee.
Source: L. 69: p. 494, � 5. C.R.S. 1963: � 72-2-25.
C.R.S. § 10-3-220
10-3-220. Real estate for production of income - definition. (1) A domestic insurance company may invest in real estate for the production of income, subject to the following provisions:
(a) The aggregate investments by a company which may be admitted assets
under this section shall not exceed ten percent of the company's admitted assets.
(b) The investment in any single parcel of real estate which may be an
admitted asset under this section shall not exceed five percent of the company's admitted assets.
(c) Real estate qualifying as an admitted asset under section 10-3-218 or 10-3-219 may, at the option of the company, be an admitted asset under this section if
such real estate is otherwise eligible under the provisions of this section.
(2) (a) Real estate, as used in this section, means real property; interests in
real property, such as leaseholds; minerals and oil and gas that have not been severed from the fee interest; and improvements and fixtures located on or in real property.
(b) Real estate does not include mineral estates that have been severed
from the fee interest.
Source: L. 69: p. 494, � 5. C.R.S. 1963: � 72-2-26. L. 2001: (2) amended, p.
281, � 4, effective March 30. L. 2020: (2) amended, (HB 20-1136), ch. 87, p. 350, � 3, effective September 14.
C.R.S. § 10-3-231
10-3-231. Valuation of investments. (1) (a) Subject to the provisions of paragraphs (b), (c), and (d) of this subsection (1), all obligations having a fixed term and rate may, if not in default as to principal or interest, be valued as follows: If purchased at par, at the par value; if purchased above or below par, on the basis of the purchase price adjusted so as to bring the value to par at maturity and so as to yield in the meantime the effective rate of interest at which the purchase was made.
(b) The purchase price shall in no case be taken at a higher figure than the
actual market value at the time of purchase, plus brokerage charges paid in the acquisition of such obligations.
(c) No such obligation shall be carried at above the call price for the entire
issue during any period within which the obligation may be so called, and premiums paid at purchase shall be amortized by the scientific method to the first call date at which the entire issue may be redeemed.
(d) Obligations subject to amortization under the published findings of the
national association of insurance commissioners shall be carried at their amortized values. Obligations which do not qualify for amortization shall be reported at their market value or a book value based on an amortized computation, whichever is lower.
(2) (a) Common stocks shall be valued at their market value, as determined
by customary method, or, at the option of the company, they may be carried at cost if cost is less than market value. If no publicly traded market quotation is available, the value of the stocks shall be based on the pro rata share of the issuing company's net worth as shown by its audited financial statement or, in the case of an insurance company, the pro rata share of its statutory net worth.
(b) Preferred stocks shall be valued in accordance with procedures
promulgated annually by the valuations committee of the national association of insurance commissioners.
(3) Other property purchased by a company may be valued at not more than
its cost plus the cost of capitalized additions and permanent improvements, less depreciation. Depreciation shall be computed under the straight line method or, at the option of the company, under any other method resulting in larger accumulated depreciation at any given time. Depreciation of any buildings shall be based upon an estimated useful life of not more than fifty years.
(4) Property acquired in satisfaction of a debt shall be valued at its fair
market value or the amount of the debt, including capitalized taxes and expenses, whichever amount is less.
(5) Property originally acquired in satisfaction of a debt and subsequently
transferred to qualification under section 10-3-220 or 10-3-230 shall be valued as provided in subsection (3) of this section, and its cost shall be deemed to be its value at time of transfer determined under subsection (4) of this section.
(6) To the extent investments are valued by the securities valuation office of
the national association of insurance commissioners, all investments owned by domestic insurance companies shall be valued in accordance with the most recently published valuations of the securities valuation office. Other investments not valued by the securities valuation office shall be valued as otherwise is provided in this section, or, if not otherwise provided in this section, in accordance with procedures promulgated by the national association of insurance commissioners.
Source: L. 69: p. 497, � 5. C.R.S. 1963: � 72-2-38. L. 71: p. 711, � 1. L. 81: (2)(a)
amended, p. 530, � 7, effective July 1. L. 91: (6) added, p. 1247, � 8, effective July 1.
C.R.S. § 10-3-232
10-3-232. Liens for certain purposes permitted. For the purposes of section 10-3-216, the existence of any lien existing by law, for the payment of any bonds, indebtedness, or assessments of, or created by a levy of, any special improvement district, any tunnel district, any conservation district, any irrigation district, any other district or territory, any municipality or quasi-municipality, or any state in which any real estate is situated, or by the United States, shall not prevent mortgages, trust deeds, or other encumbrances upon such real estate, if otherwise first liens, from being admitted assets of domestic insurance companies, if the property securing such mortgage, deed of trust, or other encumbrance is not delinquent in the payment of any installment or interest upon any such bonds, indebtedness, or assessments at the time such real estate loan is made.
Source: L. 69: p. 498, � 5. C.R.S. 1963: � 72-2-39.
C.R.S. § 10-3-233
10-3-233. Disposition of certain real estate. Any parcel of real estate qualifying as an admitted asset under section 10-3-218 or 10-3-219 at the time of its acquisition by the company and which has not been transferred to qualification as an admitted asset under any other section of this part 2 shall be sold within five years after such acquisition or within five years after its use for the accommodation of the company's business has entirely ceased, whichever is later, unless the company procures a certificate from the commissioner that the company's interests will suffer by such a sale, in which event the time may be extended as the commissioner shall direct in such certificate.
Source: L. 69: p. 498, � 5. C.R.S. 1963: � 72-2-40. L. 81: Entire section
amended, p. 530, � 8, effective July 1.
C.R.S. § 10-3-504
10-3-504. Jurisdiction - venue. (1) No delinquency proceeding shall be commenced under this part 5 by anyone other than the commissioner, and no court shall have jurisdiction to entertain, hear, or determine any proceeding commenced by any other person.
(2) The district court in and for the city and county of Denver shall have
jurisdiction to entertain, hear, or determine any complaint praying for the dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer, or praying for an injunction or restraining order or other relief preliminary to, incidental to, or relating to such proceedings other than in accordance with this part 5.
(3) In addition to other grounds for jurisdiction provided by law, the district
court in and for the city and county of Denver has jurisdiction over a person served pursuant to the rules of civil procedure or other applicable provisions of law in an action brought by the receiver of a domestic insurer or an alien insurer domiciled in this state if:
(a) The person served is an agent, broker, or other person who has at any
time written policies of insurance for or has acted in any manner whatsoever on behalf of an insurer against which a delinquency proceeding has been instituted in any action resulting from or incident to such a relationship with the insurer; or
(b) The person served is a reinsurer who has at any time entered into a
contract of reinsurance with an insurer against which a delinquency proceeding has been instituted, or is an agent or broker of or for the reinsurer, in any action on or incident to the reinsurance contract; or
(c) The person served is or has been an officer, director, manager, trustee,
organizer, promoter, or other person in a position of comparable authority or influence over an insurer against which a delinquency proceeding has been instituted, in any action resulting from or incident to such a relationship with the insurer; or
(d) The person served is or was at the time of the institution of the
delinquency proceeding against the insurer holding assets in which the receiver claims an interest on behalf of the insurer, in any action concerning such assets; or
(e) The person served is obligated to the insurer in any way whatsoever, in
any action on or incident to the obligation.
(4) If the court on motion of any party finds that any action should as a
matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state.
(5) All actions authorized pursuant to this part 5 shall be brought in the
district court in and for the city and county of Denver.
Source: L. 92: Entire part R&RE, p. 1432, � 14, effective July 1.
Editor's note: This section is similar to former � 10-3-503 as it existed prior to
1992.
C.R.S. § 10-3-513
10-3-513. Powers and duties of rehabilitator. (1) The commissioner as rehabilitator may appoint one or more special deputies, who shall have all the powers and responsibilities of the rehabilitator granted under this section, and the commissioner may employ such counsel, clerks, and assistants as deemed necessary. The compensation of the special deputy, counsel, clerks, and assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the commissioner, subject to the approval of the court, and shall be paid out of the funds or assets of the insurer. The persons appointed under this section shall serve at the pleasure of the commissioner. The commissioner, as rehabilitator, may, with the approval of the court, appoint an advisory committee of policyholders, claimants, or other creditors including guaranty associations should such a committee be deemed necessary. Such committee shall serve at the pleasure of the commissioner and shall serve without compensation other than reimbursement for reasonable travel and per diem living expenses. No other committee of any nature shall be appointed by the commissioner or by the court in rehabilitation proceedings conducted under this part 5.
(2) The rehabilitator may take such action as the rehabilitator deems
necessary or appropriate to reform and revitalize the insurer, and shall have all the powers of the insurer's directors, officers, and managers, whose authority shall be suspended except insofar as they are redelegated by the rehabilitator. The rehabilitator shall have full power to direct, manage, hire, and discharge employees subject to any contract rights they may have, and to deal with the property and business of the insurer.
(3) If it appears to the rehabilitator that there has been criminal or tortious
conduct or breach of any contractual or fiduciary obligation detrimental to the insurer by any officer, manager, agent, broker, employee, or other person, the rehabilitator may pursue all appropriate legal remedies on behalf of the insurer.
(4) If the rehabilitator determines that reorganization, consolidation,
conversion, reinsurance, merger, or other transformation of the insurer is appropriate, the rehabilitator shall prepare a plan to effect such changes. Upon application of the rehabilitator for approval of the plan, and after such notice and hearings as the court may prescribe, the court may either approve or disapprove the plan proposed, or may modify it and approve it as modified. Any plan approved under this section shall be, in the judgment of the court, fair and equitable to all parties concerned. If the plan is approved, the rehabilitator shall carry out the plan. In the case of a life insurer, if all rights of shareholders are first relinquished, the plan proposed may include the imposition of liens upon the policies of the company. A plan for a life insurer may also propose imposition of a moratorium upon loan and cash surrender rights under policies, for such period and to such an extent as may be necessary.
(5) The rehabilitator shall have the power under sections 10-3-525 and 10-3-526 to avoid fraudulent transfers.
Source: L. 92: Entire part R&RE, p. 1440, � 14, effective July 1.
C.R.S. § 10-3-517
10-3-517. Liquidation orders. (1) An order to liquidate the business of a domestic insurer shall appoint the commissioner as liquidator and shall direct the liquidator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The liquidator shall be vested by operation of law with title to all of the property, contracts, rights of action, and books and records of the insurer ordered liquidated, wherever located, as of the entry of the final order of liquidation. The filing or recording of the order with the clerk of the district court in and for the city and county of Denver and the recorder of deeds of the county in which its principal office or place of business is located or, in the case of real estate, with the recorder of deeds of the county where the property is located, shall impart the same notice as would be imparted by a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds.
(2) Upon issuance of the order, the rights and liabilities of any such insurer
and of its creditors, policyholders, shareholders, members, and all other persons interested in its estate shall become fixed as of the date of entry of the order of liquidation except as provided in sections 10-3-518 and 10-3-536.
(3) An order to liquidate the business of an alien insurer domiciled in this
state shall be in the same terms and have the same legal effect as an order to liquidate a domestic insurer; except that the assets and the business in the United States shall be the only assets and business included therein.
(4) At the time of petitioning for an order of liquidation or at any time
thereafter, the commissioner, after making appropriate findings of an insurer's insolvency, may petition the court for a judicial declaration of such insolvency. After providing such notice and holding such hearing as it deems proper, the court may make the declaration.
(5) Any order issued under this section shall require financial reports to the
court by the liquidator. Financial reports shall include, at a minimum, the assets and liabilities of the insurer and all funds received or disbursed by the liquidator during the current period. Financial reports shall be filed within one year of the liquidation order and at least annually thereafter.
(6) Within five days after July 1, 1992, or, if later, within five days after the
initiation of an appeal of an order of liquidation, unless such order has been stayed, the commissioner shall present for the court's approval a plan for the continued performance of the defendant company's policy claims obligations, including the duty to defend insureds under liability insurance policies, during the pendency of the appeal. Such plan shall provide for the continued performance and payment of policy claims obligations in the normal course of events, notwithstanding the grounds alleged in support of the order of liquidation including the ground of insolvency. In the event the defendant company's financial condition will not, in the judgment of the commissioner, support the full performance of all policy claims obligations during the pendency of the appeal, the plan may prefer the claims of certain policyholders and claimants over creditors and interested parties as well as other policyholders and claimants, as the commissioner finds to be fair and equitable considering the relative circumstances of such policyholders and claimants. The court shall examine the plan submitted by the commissioner and, if it finds the plan to be in the best interests of the parties, the court shall approve the plan. No action shall lie against the commissioner or any of the commissioner's deputies, agents, clerks, assistants, or attorneys by any party based on preference in an appeal pendency plan approved by the court.
(7) The appeal pendency plan effected pursuant to subsection (6) of this
section shall not supersede or affect the obligations of any insurance guaranty association.
(8) Any appeal pendency plan effected pursuant to subsection (6) of this
section shall provide for equitable adjustments to be made by the liquidator to any distributions of assets to guaranty associations, in the event that the liquidator pays claims from assets of the estate which would otherwise be the obligations of any particular guaranty association but for the appeal of the order of liquidation, such that all guaranty associations equally benefit on a pro rata basis from the assets of the estate. Further, in the event an order of liquidation is set aside upon any appeal, the company shall not be released from delinquency proceedings unless and until all funds advanced by any guaranty association, including reasonable administrative expenses in connection therewith, relating to obligations of the company have been repaid in full together with interest at the judgment rate of interest, or unless an arrangement for repayment thereof has been made with the consent of all applicable guaranty associations.
Source: L. 92: Entire part R&RE, p. 1446, � 14, effective July 1.
C.R.S. § 10-3-532
10-3-532. Recovery of premiums owed. (1) (a) An agent, broker, premium finance company, or any other person other than the insured that is responsible for the payment of a premium shall be obligated to pay any unpaid premium for the full policy term due the insurer at the time of the declaration of insolvency, whether earned or unearned, as shown on the records of the insurer. The liquidator shall also have the right to recover from such person any part of an unearned premium that represents commission of such person. Credits or setoffs or both shall not be allowed to an agent, broker, or premium finance company for any amounts advanced to the insurer by the agent, broker, or premium finance company on behalf of, but in the absence of a payment by, the insured.
(b) An insured shall be obligated to pay any unpaid earned premium due the
insurer at the time of the declaration of insolvency, as shown on the records of the insurer.
(2) Upon satisfactory evidence of a violation of this section, the
commissioner may pursue either one or both of the following courses of action:
(a) Suspend, revoke, or refuse to renew the licenses of such offending party
or parties;
(b) Impose a penalty of not more than one thousand dollars for each and
every act in violation of this section by said party or parties.
(3) Before the commissioner takes any action set forth in subsection (2) of
this section, the commissioner shall give written notice to the person, company, association, or exchange accused of violating the law, stating specifically the nature of the alleged violation and fixing a time and place, at least ten days thereafter, when a hearing on the matter shall be held. After such hearing, or upon failure of the accused to appear at such hearing the commissioner, if the commissioner finds the accused committed any such violation, shall impose such penalties under subsection (2) of this section as are deemed advisable.
(4) When the commissioner takes action in any or all of the ways set out in
subsection (2) of this section, the party aggrieved may appeal from said action to the district court in and for the city and county of Denver.
Source: L. 92: Entire part R&RE, p. 1466, � 14, effective July 1.
C.R.S. § 10-3-802
10-3-802. Subsidiaries of insurers. (1) A domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries engaged in the following kinds of business:
(a) Any kind of insurance business authorized by the jurisdiction in which it is
incorporated;
(b) Acting as an insurance broker or insurance agent for its parent or for any
of its parent's insurer subsidiaries;
(c) Investing, reinvesting, or trading in securities for its own account or that
of its parent, a subsidiary of its parent, or an affiliate or subsidiary;
(d) Management of an investment company subject to or registered pursuant
to the federal Investment Company Act of 1940, 15 U.S.C. sec. 80a-1 et seq., as amended, including related sales and services;
(e) Acting as a broker-dealer subject to or registered pursuant to the federal
Securities Exchange Act of 1934, 15 U.S.C. sec. 78a et seq., as amended;
(f) Rendering investment advice to governments, government agencies,
corporations, or other organizations or groups;
(g) Rendering other services related to the operations of an insurance
business, such as actuarial, loss prevention, safety engineering, data processing, accounting, claims, appraisal, and collection services;
(h) Ownership and management of assets that the parent corporation could
itself own or manage;
(i) Acting as administrative agent for a governmental instrumentality that is
performing an insurance function;
(j) Financing of insurance premiums, agents, and other forms of consumer
financing;
(k) Any other business activity determined by the commissioner to be
reasonably ancillary to an insurance business;
(l) Owning a corporation or corporations engaged or organized to engage
exclusively in one or more of the businesses specified in this section; and
(m) Any other kind of business that, in the opinion of the commissioner,
would be in the best interest of the insurer and would not be detrimental to the policyholders or the public.
(2) In addition to investments in common stock, preferred stock, debt
obligations, and other securities permitted under other provisions of this title, a domestic insurer may also:
(a) Invest, in common stock, preferred stock, debt obligations, and other
securities of one or more subsidiaries, amounts that do not exceed the lesser of ten percent of the insurer's assets or fifty percent of the insurer's surplus as regards policyholders if, after such investments, the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to meet its financial needs. In calculating the amount of the investments, the commissioner shall exclude investments in domestic or foreign insurance subsidiaries and shall include:
(I) Total net moneys or other consideration expended and obligations
assumed in the acquisition or formation of a subsidiary, including all organizational expenses and contributions to capital and surplus of the subsidiary whether or not represented by the purchase of capital stock or issuance of other securities;
(II) All amounts expended in acquiring additional common stock, preferred
stock, debt obligations, and other securities; and
(III) All contributions to the capital or surplus of a subsidiary after its
acquisition or formation.
(b) Invest any amount in common stock, preferred stock, debt obligations,
and other securities of one or more subsidiaries engaged or organized to engage exclusively in the ownership and management of assets authorized as investments for the insurer if each subsidiary agrees to limit its investments in any asset so that the investments will not cause the amount of the total investment of the insurer to exceed any of the investment limitations specified in paragraph (a) of this subsection (2) or in sections 10-3-213 to 10-3-242 applicable to the insurer. For the purpose of this paragraph (b), the total investment of the insurer includes:
(I) Any direct investment by the insurer in an asset; and
(II) The insurer's proportionate share of any investment in an asset by a
subsidiary of the insurer, which shall be calculated by multiplying the amount of the subsidiary's investment by the percentage of the ownership of the subsidiary; and
(c) With the approval of the commissioner, invest any greater amount in
common stock, preferred stock, debt obligations, or other securities of one or more subsidiaries if, after the investment, the insurer's surplus as regards policyholders will be reasonable in relation to the insurer's outstanding liabilities and adequate to its financial needs.
(3) Investments in common stock, preferred stock, debt obligations, or other
securities of subsidiaries made in accordance with subsection (2) of this section are admitted assets of a domestic insurer, and such investments are not subject to any of the otherwise-applicable restrictions or limitations applicable to the investments of insurers.
(4) Any provision of this title to the contrary notwithstanding, any investment
by a domestic insurer in the common stock, preferred stock, debt obligations, or other securities of one or more insurance companies that are wholly owned subsidiaries of the domestic insurer are admitted assets of the domestic insurer, subject to the following provisions:
(a) If the authorized lines of business of the investing company and any such
wholly owned subsidiary corporation together do not constitute the lines of business of a multiple-line company, the common stock, preferred stock, debt obligations, and other securities of the subsidiary corporation are not at any time an admitted asset of the investing company unless at such time the two companies have, without taking the common stock, preferred stock, debt obligations, and other securities into account as an asset of the investing company, a combined capital or guaranty fund and a combined surplus that are at least equal, respectively, to the sum of the minimum capital or minimum guaranty fund required by law for the authorized line of business of each of the two companies and the sum of the minimum surplus required by law for the authorized line of business of each of the two companies; except that this paragraph (a) does not apply to an investing company that is a fraternal benefit society.
(b) If the authorized lines of business of the investing company and any such
wholly owned subsidiary corporation together constitute the lines of business of a multiple-line company, the common stock, preferred stock, debt obligations, and other securities of the wholly owned subsidiary corporation are not at any time an admitted asset of the investing company unless at such time the two companies have, without taking the stock into account as an asset of the investing company, a combined capital or guaranty fund and a combined surplus that are at least equal, respectively, to the minimum capital or guaranty fund and the minimum surplus required by law for the multiple-line company.
(c) If the authorized lines of business of any two insurance companies that
are members of a chain of corporations directly or indirectly owned by a common parent corporation together constitute the lines of business of a multiple-line company, the common stock, preferred stock, debt obligations, and other securities of either of the two insurance companies are at any time an admitted asset of any insurance company, including the common parent corporation, that is a member of such chain of corporations, unless at such time the two insurance companies have a combined capital or guaranty fund and a combined surplus that are at least equal, respectively, to the minimum capital or guaranty fund and the minimum surplus required by law for such a multiple-line company.
(5) Whether any investment made pursuant to subsection (2) of this section
meets the applicable requirements of that subsection (2) is to be determined before the investment is made, by calculating the applicable investment limitations as though the investment had already been made, taking into account the then-outstanding principal balance on all previous investments in debt obligations, and the value of all previous investments in equity securities as of the day they were made, net of any return of capital invested, not including dividends.
(6) If an insurer ceases to control a subsidiary, it shall dispose of any
investment made in the subsidiary pursuant to this section within three years after the time of the cessation of control or within such further time as the commissioner may prescribe, unless at any time after the investment has been made, the investment meets the requirements for investment under any other section of this title and the insurer has so notified the commissioner.
(7) Nothing in this part 8 prohibits a domestic insurer that, with the prior
approval of the commissioner, organized or acquired a subsidiary from continuing to hold the insurer's investments in the subsidiary or from making further investments in the subsidiary consistent with subsection (2) of this section, if the subsidiary engages only in the kind of business that was represented to the commissioner as a basis for such approval.
Source: L. 2014: Entire part R&RE, (SB 14-152), ch. 312, p. 1320, � 2, effective
July 1.
Editor's note: This section is similar to former � 10-3-802 as it existed prior to
2014.
C.R.S. § 10-3-803
10-3-803. Acquisition of control of or merger with domestic insurer - definitions. (1) (a) No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire, in the open market or otherwise, any voting security of a domestic insurer if, after the consummation of the exchange or acquisition, the person would, directly, indirectly, by conversion, or by exercise of any right to acquire, be in control of the insurer, and no person shall enter into an agreement to merge with or otherwise to acquire control of a domestic insurer or any person controlling a domestic insurer unless, at the time the offer, request, or invitation is made or the agreement is entered into, or before the acquisition of the securities if no offer or agreement is involved, the person has filed with the commissioner and has sent to the insurer a statement containing the information required by this section and the commissioner has approved the offer, request, invitation, agreement, or acquisition in the manner prescribed in this part 8.
(b) In addition, if the person acting pursuant to this subsection (1) is:
(I) An individual, the person shall submit a set of fingerprints to the
commissioner pursuant to subsection (3) of this section;
(II) A corporation, each executive officer and director of the corporation shall
submit a set of fingerprints to the commissioner pursuant to subsection (3) of this section.
(c) For purposes of this section:
(I) Domestic insurer includes any person controlling a domestic insurer
unless the person, as determined by the commissioner, is either directly or through its affiliates primarily engaged in business other than the business of insurance.
(II) Person does not include any securities broker holding, in the usual and
customary broker's function, less than twenty percent of the voting securities of an insurance company or of any person that controls an insurance company.
(d) A controlling person of a domestic insurer seeking to divest its
controlling interest in the domestic insurer, in any manner, shall file with the commissioner, with a copy to the insurer, confidential notice of its proposed divestiture at least thirty days before the cessation of control. The commissioner shall determine those instances in which the party seeking to divest or to acquire a controlling interest in an insurer will be required to file for and obtain approval of the transaction. The information must remain confidential until the conclusion of the transaction unless the commissioner, in his or her discretion, determines that confidential treatment will interfere with enforcement of this section. If the statement referred to in paragraph (a) of this subsection (1) has been filed, this paragraph (d) does not apply.
(e) With respect to a transaction subject to this section, the acquiring person
shall also file a preacquisition notification with the commissioner, which must contain the information set forth in section 10-3-803.5 (3)(a). A failure to file the notification subjects the person to penalties specified in section 10-3-803.5 (5)(c).
(2) The statement filed pursuant to paragraph (a) of subsection (1) of this
section shall be made under oath or affirmation and must contain the following:
(a) (I) The name and address of each person by whom or on whose behalf the
merger or other acquisition of control referred to in subsection (1) of this section is to be effected, referred to in this section as the acquiring party;
(II) If the person is an individual, his or her principal occupation, all offices
and positions held during the past five years, and any conviction of crimes other than minor traffic violations during the past ten years;
(III) If the person is not an individual, a report of the nature of its business
operations during the past five years or for the lesser period as the person and any predecessors have been in existence; an informative description of the business intended to be done by the person and the person's subsidiaries; and a list of all individuals who are or who have been selected to become directors or executive officers of the person or who perform or will perform functions appropriate to such positions. The list must include for each individual the information required by subparagraph (II) of this paragraph (a).
(b) The source, nature, and amount of the consideration used or to be used in
effecting the merger or other acquisition of control, a description of any transaction where funds were or are to be obtained for any such purpose, including any pledge of the insurer's stock or the stock of any of its subsidiaries or controlling affiliates, and the identity of persons furnishing consideration; except that, where a source of consideration is a loan made in the lender's ordinary course of business, the identity of the lender must remain confidential if the person filing such statement so requests;
(c) Fully audited financial information as to the earnings and financial
condition of each acquiring party for the preceding five fiscal years of each acquiring party, or for the lesser period as the acquiring party and any predecessors have been in existence, and similar unaudited information as of a date not earlier than ninety days before the filing of the statement;
(d) Any plans or proposals that each acquiring party may have to liquidate
the insurer, to sell its assets or merge or consolidate it with any person, or to make any other material change in its business or corporate structure or management;
(e) The number of shares of any security referred to in subsection (1) of this
section that each acquiring party proposes to acquire; the terms of the offer, request, invitation, agreement, or acquisition referred to in subsection (1) of this section; and a statement as to the method by which the fairness of the proposal was arrived at;
(f) The amount of each class of any security referred to in subsection (1) of
this section that is beneficially owned or concerning which there is a right to acquire beneficial ownership by each acquiring party;
(g) A full description of any contracts, arrangements, or understandings with
respect to any security referred to in subsection (1) of this section in which any acquiring party is involved, including the transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits, or the giving or withholding of proxies. The description must identify the persons with whom the contracts, arrangements, or understandings have been entered into.
(h) A description of the purchase of any security referred to in subsection (1)
of this section during the twelve calendar months preceding the filing of the statement by any acquiring party, including the dates of purchase, names of the purchasers, and consideration paid or agreed to be paid;
(i) A description of any recommendations to purchase any security referred
to in subsection (1) of this section made during the twelve calendar months preceding the filing of the statement by any acquiring party, or by anyone based upon interviews or at the suggestion of the acquiring party;
(j) Copies of all tender offers for, requests, or invitations for tenders of,
exchange offers for, and agreements to acquire or exchange any securities referred to in subsection (1) of this section, and, if distributed, of additional soliciting material relating to them;
(k) The term of any agreement, contract, or understanding made with or
proposed to be made with any broker-dealer as to solicitation of securities referred to in subsection (1) of this section for tender, and the amount of any fees, commissions, or other compensation to be paid to broker-dealers with regard to the solicitation;
(l) An agreement by the person required to file the statement referred to in
subsection (1) of this section that the person will provide the annual report, specified in section 10-3-804 (12), for so long as control exists;
(m) An acknowledgment by the person required to file the statement
referred to in subsection (1) of this section that the person and all subsidiaries within its control in the insurance holding company system will provide information to the commissioner upon request as necessary to evaluate enterprise risk to the insurer; and
(n) Such additional information as the commissioner may by rule prescribe as
necessary or appropriate for the protection of policyholders of the insurer or in the public interest.
(3) (a) Each person described in subsection (1)(b) of this section shall submit
a set of fingerprints to the commissioner at the time of filing the statement described in subsection (1)(a) of this section. The commissioner shall forward the fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The employer bears only the actual costs of the record check.
(b) When the results of a fingerprint-based criminal history record check of a
person performed pursuant to this subsection (3) reveal a record of arrest without a disposition, the commissioner shall require that person to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(4) If the person required to file the statement referred to in subsection (1) of
this section is a partnership, limited partnership, syndicate, or other group, the commissioner may require the person to give the information called for by paragraphs (a) to (n) of subsection (2) of this section with respect to each partner of the partnership or limited partnership, each member of the syndicate or group, and each person who controls the partner or member. If any partner, member, or person is a corporation or the person required to file the statement referred to in subsection (1) of this section is a corporation, the commissioner may require the corporation to give the information called for by paragraphs (a) to (n) of subsection (2) of this section with respect to the corporation, each officer and director of the corporation, and each person who is directly or indirectly the beneficial owner of more than ten percent of the outstanding voting securities of the corporation. If any material change occurs in the facts set forth in the statement filed with the commissioner and sent to the insurer pursuant to this section, an amendment setting forth the change, together with copies of all documents and other material relevant to the change, shall be filed with the commissioner and sent to the insurer within two business days after the person learns of the change.
(5) If any offer, request, invitation, agreement, or acquisition referred to in
subsection (1) of this section is proposed to be made by means of a registration statement under the federal Securities Act of 1933, 15 U.S.C. sec. 77a et seq., as amended, or in circumstances requiring the disclosure of similar information under the federal Securities Exchange Act of 1934, 15 U.S.C. sec. 78a et seq., as amended, or under a state law requiring similar registration or disclosure, the person required to file the statement referred to in subsection (1) of this section may utilize such documents in furnishing the information called for by that statement.
(6) (a) The commissioner shall conduct an independent investigation to
determine the impact of a proposed merger on competition:
(I) When the proposed merger involves a transaction that the commissioner
determines, under section 10-3-803.5 (4)(b), would present prima facie evidence of a violation of the competitive standard; and
(II) If the merger or acquisition involves a domestic entity authorized under
article 16 of this title or referenced in section 6-18-302 (1)(b)(IV), C.R.S., or a domestic insurer authorized under section 10-3-102 that writes more than fifty percent of its business as health insurance coverage.
(b) The investigation must include an analysis of the probable effects of the
merger on consumers and on suppliers of services. The commissioner shall not rely solely on representations of insurers to determine whether the merger will produce economies of scale or economies in resource utilization that cannot be achieved feasibly in any other way. The investigation must also include reviewing the market conduct examination and financial examination reports for this state or any other state, consumer complaint information from records maintained by the division or any other state regulatory agency, and any information from any state or federal agency related to the applicant. The investigation must commence no later than fifteen days after the applicant files the notification referred to in paragraph (e) of subsection (1) of this section.
(c) The commissioner shall make public the report of the independent
investigation conducted pursuant to this subsection (6) no later than five business days after the submission of the report to the commissioner, subject to the Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S.
(d) The commissioner shall issue an executive summary, subject to the
Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S., of the competitive impact analysis filed by the applicant to the transaction no later than fifteen business days after the analysis is filed with the division. The applicant shall file the competitive impact analysis at the same time the applicant files the notification referred to in paragraph (e) of subsection (1) of this section with the division.
(e) The commissioner shall make all data and reports pertaining to the
proposed merger and collected or used by the commissioner in his or her investigation and analysis available to the public; except that, in the commissioner's discretion, the commissioner may redact specific items of proprietary information. If the insurer claims that information provided is proprietary, the insurer has the burden of proof on that issue.
(f) The commissioner shall complete the independent investigation pursuant
to this subsection (6) no later than the day on which the application is deemed complete by the division. The commissioner shall coordinate the completion of the independent investigation with the experts retained pursuant to paragraph (g) of subsection (8) of this section. The applicant shall bear any expenses associated with the independent investigation pursuant to subsection (8) of this section.
(7) The commissioner shall approve any merger or other acquisition of
control referred to in subsection (1) of this section unless, after an independent investigation pursuant to subsection (6) of this section, and a public hearing on the acquisition, the commissioner finds that:
(a) After the change of control, the domestic insurer referred to in
subsection (1) of this section would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed;
(b) The effect of the merger or other acquisition of control would be
substantially to lessen competition in insurance in this state or tend to create a monopoly. In applying the competitive standard in this paragraph (b):
(I) The informational requirements of section 10-3-803.5 (3)(a) and the
standards of section 10-3-803.5 (4)(b) apply;
(II) The commissioner shall not disapprove the merger or other acquisition if
the commissioner finds that any of the situations meeting the criteria provided by section 10-3-803.5 (4)(c) exist; and
(III) The commissioner may condition the approval of the merger or other
acquisition on the removal of the basis of disapproval within a specified period of time.
(c) The financial condition of any acquiring party is such as might jeopardize
the financial stability of the insurer or prejudice the interest of its policyholders;
(d) The plans or proposals that the acquiring party has to liquidate the
insurer, sell its assets or consolidate or merge it with any person, or make any other material change in its business or corporate structure or management are unfair and unreasonable to policyholders of the insurer and not in the public interest;
(e) The competence, experience, and integrity of those persons who would
control the operation of the insurer are such that it would not be in the interest of policyholders of the insurer and of the public to permit the merger or other acquisition of control; or
(f) The acquisition is likely to be hazardous or prejudicial to the insurance-buying public.
(8) (a) The commissioner shall provide public notice of the filing of an
application for a merger or acquisition no later than five business days after the receipt of the initial application. The commissioner shall also provide a general statement to the public of the process and procedures concerning a merger or acquisition of a domestic insurer. The statement must be a clear and concise statement of how the public may participate in the review of a merger or acquisition transaction, including a public hearing or providing written comments to the commissioner.
(b) No later than fifteen business days after the initial application for a
merger pursuant to this section, the commissioner and the applicant shall establish the elements of a public notice of the transaction. The commissioner shall publish the notice no later than seven days after the division deems the application to be complete.
(c) The commissioner shall hold the public hearing referred to in subsection
(7) of this section within thirty days after the statement required by subsection (1) of this section is filed, and the commissioner shall give at least twenty days' notice of the hearing to the person filing the statement. The commissioner shall give not less than seven days' notice of the public hearing pursuant to paragraph (b) of this subsection (8) to the insurer and to the public. The insurer shall give the notice to its security holders. The commissioner shall make a determination within thirty days after the conclusion of the hearing. At the hearing, the person filing the statement, the insurer, any person to whom notice of hearing was sent, and any other person whose interests may be affected have the right to present evidence, examine and cross-examine witnesses, and offer oral and written arguments and, in connection therewith, are entitled to conduct discovery proceedings in the same manner as is presently allowed in the district courts of this state. All discovery proceedings must be concluded no later than three days before the commencement of the public hearing.
(d) The deadline for submission of written public comment to respond to
testimony from the applicant is ten business days after the hearing. The commissioner shall review all responses and provide a report summarizing all public testimony.
(e) If the proposed acquisition of control will require the approval of a state
other than Colorado in addition to the approval of the commissioner, the public hearing referred to in subsection (7) of this section may be held on a consolidated basis upon request of the person filing the statement referred to in subsection (1) of this section. The person shall file the statement referred to in subsection (1) of this section with the NAIC within five days after making the request for a public hearing. A commissioner may opt out of a consolidated hearing and shall provide notice to the applicant of the opt-out within ten days after the receipt of the statement referred to in subsection (1) of this section. A hearing conducted on a consolidated basis must be public and shall be held within the United States before the commissioners of the states in which the insurers are domiciled. The commissioners shall hear and receive evidence. A commissioner may attend the hearing in person or by telecommunication.
(f) In connection with a change of control of a domestic insurer, the
commissioner shall make any determination that the person acquiring control of the insurer is required to maintain or restore the capital of the insurer to the level required by the laws and rules of this state not later than sixty days after the date of notification of the change in control submitted pursuant to paragraph (a) of subsection (1) of this section.
(g) The commissioner may retain, at the acquiring person's expense, any
attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff as may be reasonably necessary to assist the commissioner in reviewing the proposed acquisition of control.
(9) The insurer shall mail a synopsis of the statement referred to in
subsection (1) of this section, and all notices of public hearings held pursuant to subsection (7) of this section, to its shareholders within five business days after the insurer has received such statements, amendments, other material, or notices filed pursuant to this section. The person making the filing shall bear the expenses of the mailing. As security for the payment of such expenses, the person shall file with the commissioner an acceptable bond or other deposit in an amount to be determined by the commissioner.
(10) This section does not apply to:
(a) An exchange of stock of a domestic insurer actually accomplished in
accordance with sections 10-3-604 to 10-3-606, or any preliminary agreement between a domestic insurer and any other corporation entered into in contemplation of the adoption of a plan of exchange under part 6 of this article; or
(b) An offer, request, invitation, agreement, or acquisition that the
commissioner, by order, exempts from this section as not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer, or as otherwise not comprehended within the purposes of this section.
(11) The following are violations of this section:
(a) The failure to file any statement, amendment, or other material required
to be filed pursuant to subsection (1) or (2) of this section; or
(b) The effectuation of, or any attempt to effectuate, an acquisition of
control of, or merger with, a domestic insurer unless the commissioner has given his or her approval to the acquisition or merger.
(12) The courts of this state have jurisdiction over every person not resident,
domiciled, or authorized to do business in this state who files a statement with the commissioner under this section and over all actions involving the person arising out of violations of this section, and each such person is deemed to have performed acts equivalent to and constituting an appointment by the person of the commissioner to be his or her true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of a violation of this section. Copies of all such lawful process shall be served on the commissioner and the commissioner shall transmit the process by registered or certified mail to the person at his or her last-known address.
(13) If the procedures set forth in this section are not followed before the
issuance of the order of the commissioner that approves or disapproves the merger, the aggrieved party may seek remedies pursuant to section 10-3-814.
(14) Nothing in this section limits the commissioner's ability to conduct a
hearing for transactions that do not meet the requirements in subsection (6) of this section.
Source: L. 2014: Entire part R&RE, (SB 14-152), ch. 312, p. 1323, � 2, effective
July 1. L. 2019: (3) amended, (HB 19-1166), ch. 125, p. 538, � 3, effective April 18. L. 2022: (3)(b) amended, (HB 22-1270), ch. 114, p. 513, � 4, effective April 21.
Editor's note: This section is similar to former � 10-3-803 as it existed prior to
2014.
C.R.S. § 10-3-808
10-3-808. Confidential treatment. (1) (a) Documents, materials, or other information in the possession or control of the division that are obtained by or disclosed to the commissioner or any other person in the course of an examination or investigation made pursuant to section 10-3-806 and all information reported pursuant to section 10-3-803 (2)(l) and (2)(m), 10-3-804, or 10-3-805 are proprietary and contain trade secrets and are confidential by law and privileged; are not subject to the Colorado Open Records Act, part 2 of article 72 of title 24; are not subject to subpoena; and are not subject to discovery or admissible in evidence in any private civil action. However, the commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. The commissioner shall not otherwise make the documents, materials, or other information public without the prior written consent of the insurer to which they pertain unless the commissioner, after giving the insurer and its affiliates who would be affected notice and opportunity to be heard, determines that the interest of policyholders, shareholders, or the public will be served by the publication, in which event the commissioner may publish all or any part of the documents, materials, or other information in such manner as the commissioner deems appropriate.
(b) For purposes of the information reported and provided to the division
pursuant to section 10-3-804 (12)(b), the commissioner shall maintain the confidentiality of the group capital calculation and group capital ratio produced within the calculation and any group capital information received from an insurance holding company supervised by the federal reserve board or any United States group-wide supervisor.
(c) For the purposes of the information reported and provided to the division
pursuant to section 10-3-804 (12)(f), the commissioner shall maintain the confidentiality of the liquidity stress test results and supporting disclosures and any liquidity stress test information received from an insurance holding company supervised by the federal reserve board and non-United States group-wide supervisors.
(2) Neither the commissioner nor any person who received documents,
materials, or other information while acting under the authority of the commissioner or with whom the documents, materials, or other information are shared pursuant to this part 8 shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subsection (1) of this section.
(3) In order to assist in the performance of the commissioner's duties, the
commissioner:
(a) May share documents, materials, or other information, including the
confidential and privileged documents, materials, or information subject to subsection (1) of this section and proprietary and trade secret documents and materials, with other state, federal, and international regulatory agencies, with the NAIC, with any third-party consultants designated by the commissioner, and with state, federal, and international law enforcement authorities, including members of a supervisory college described in section 10-3-807, if the recipient agrees in writing to maintain the confidentiality and privileged status of the document, material, or other information or proprietary and trade secret document and material and has verified in writing the legal authority to maintain confidentiality;
(b) Notwithstanding paragraph (a) of this subsection (3), shall share
confidential and privileged documents, material, or information reported pursuant to section 10-3-804 (12) only with commissioners of states having statutes or regulations substantially similar to subsection (1) of this section and who have agreed in writing not to disclose such information;
(c) May receive documents, materials, or information, including otherwise
confidential and privileged documents, materials, or information and proprietary and trade secret information, from the NAIC and its affiliates and subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions and shall maintain as confidential or privileged any document, material, or information or proprietary and trade secret documents and materials received with notice or the understanding that they are confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information or proprietary and trade secret document and material; and
(d) Shall enter into written agreements with the NAIC and any third-party
consultant designated by the commissioner governing the sharing and use of information provided pursuant to this part 8 consistent with this subsection (3) that must:
(I) Specify procedures and protocols regarding the confidentiality and
security of information shared with the NAIC or a third-party consultant designated by the commissioner pursuant to this part 8, including procedures and protocols for sharing by the NAIC with other state, federal, or international regulators. The agreement must state that the recipient agrees to maintain the confidentiality and privileged status of the documents, materials, or other information or proprietary and trade secret documents and materials and has verified in writing the legal authority to maintain such confidentiality.
(II) Specify that ownership of information shared with the NAIC or a third-party consultant pursuant to this part 8 remains with the commissioner and that the
use of the information by the NAIC or the third-party consultant as designated by the commissioner is subject to the direction of the commissioner;
(II.5) Excluding documents, material, or information reported pursuant to
section 10-3-804 (12)(f), prohibit the NAIC or a third-party consultant designated by the commissioner from storing the information shared pursuant to this section in a permanent database after the underlying analysis is completed;
(III) Require prompt notice to be given to an insurer whose confidential
information in the possession of the NAIC or third-party consultant designated by the commissioner pursuant to this part 8 is subject to a request or subpoena to the NAIC or third-party consultant designated by the commissioner for disclosure or production;
(IV) Require the NAIC or a third-party consultant designated by the
commissioner to consent to intervention by an insurer in any judicial or administrative action in which the NAIC or a third-party consultant designated by the commissioner may be required to disclose confidential information about the insurer shared with the NAIC or a third-party consultant designated by the commissioner pursuant to this part 8; and
(V) For documents, materials, or information reported pursuant to section 10-3-804 (12)(f), where there is an agreement involving a third-party consultant,
provide for notification of the identity of the consultant to the applicable insurers.
(4) The sharing of information by the commissioner pursuant to this part 8
does not constitute a delegation of regulatory authority or rule-making, and the commissioner is solely responsible for the administration, execution, and enforcement of this part 8.
(5) No waiver of any applicable privilege or claim of confidentiality in the
documents, materials, or information occurs as a result of disclosure to the commissioner under this section or as a result of sharing as authorized in subsection (3) of this section.
(6) Documents, materials, or other information or proprietary and trade
secret documents and materials in the possession or control of the NAIC or a third-party consultant designated by the commissioner pursuant to this part 8 are confidential by law and privileged; are not subject to the Colorado Open Records Act, part 2 of article 72 of title 24; are not subject to subpoena; and are not subject to discovery or admissible in evidence in any private civil action.
(7) (a) The group capital calculation and resulting group capital ratio
required by section 10-3-804 (12)(b) and the liquidity stress test along with its results and supporting disclosures required by section 10-3-804 (12)(f) are regulatory tools for assessing group risks and capital adequacy and group liquidity risks, respectively, and are not intended as a means to rank insurers or insurance holding company systems generally.
(b) (I) Except as provided in subsection (7)(b)(II) of this section, any insurer,
broker, or other person engaged in any manner in the insurance business shall not advertise, announce, or state a representation regarding the group capital calculation, group capital ratio, liquidity stress test results, or supporting disclosures for the liquidity stress test of any insurer or any insurer group, or of any component derived in the calculation by directly or indirectly making, publishing, disseminating, circulating, or placing the representation before the public:
(A) In a newspaper, a magazine, or other publication; or
(B) In the form of a notice, circular, pamphlet, letter, or poster; or
(C) Over any radio or television station or any electronic means of
communication available to the public; or
(D) In any other way as an advertisement.
(II) An insurer may publish an announcement, advertisement, or statement
described in subsection (7)(b)(I) of this section in a written publication if the sole purpose of the announcement is to rebut the materially false statement when the announcement, advertisement, or statement was published in a written publication and the insurer is able to demonstrate to the commissioner with substantial proof the falsity or inappropriateness of such announcement, advertisement, or statement.
Source: L. 2014: Entire part R&RE, (SB 14-152), ch. 312, p. 1348, � 2, effective
July 1. L. 2024: (1), (3)(a), (3)(c), (3)(d), and (6) amended and (7) added, (HB 24-1321), ch. 252, p. 1667, � 4, effective January 1, 2025.
Editor's note: Subsection (1) is similar to former � 10-3-807 as it existed prior
to 2014.
C.R.S. § 10-3-903.5
10-3-903.5. Jurisdiction over providers of health-care benefits - rules. (1) Notwithstanding any other provision of law, and except as provided in this section, any person or other entity which provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, or optometric expenses, whether such coverage is by direct payment, reimbursement, or otherwise, shall be presumed to be subject to the jurisdiction of the division of insurance, unless such person or entity shows that while providing such services it is subject to the jurisdiction of another agency of this state, any subdivisions thereof, or the federal government.
(2) A person or other entity may show that it is subject to the jurisdiction of
another agency of this state, any subdivision thereof, or the federal government, by providing to the insurance commissioner the appropriate certificate, license, or other document issued by the other governmental agency which permits or qualifies it to provide those services. Nothing in this section shall be construed to in any way limit the ability of the division of insurance to regulate insurance companies, multiple employer trusts, multiple employer welfare arrangements, association health plans, or preferred provider organizations.
(3) Any person or other entity which is unable to show under subsection (2)
of this section that it is subject to the jurisdiction of another agency of this state, any subdivision thereof, or the federal government shall submit to an examination by the insurance commissioner to determine the organization and solvency of the person or the entity, and to determine whether such person or entity complies with the applicable provisions of this article.
(4) Any person or other entity unable to show that it is subject to the
jurisdiction of another agency of this state, any subdivision thereof, or the federal government shall be subject to all appropriate provisions of this article regarding the conduct of its business.
(5) Any production agency or administrator which advertises, sells,
transacts, or administers the coverage in this state described in subsection (1) of this section and which is required to submit to an examination by the insurance commissioner under subsection (3) of this section shall, if said coverage is not fully insured or otherwise fully covered by an admitted sickness and accident insurer, nonprofit hospital, medical, surgical, and health service corporation, prepaid dental care plan, or health maintenance organization, advise every purchaser, prospective purchaser, and covered person of such lack of insurance or other coverage.
(6) Any administrator which advertises or administers the coverage in this
state described in subsection (1) of this section and which is required to submit to an examination by the insurance commissioner under subsection (3) of this section, shall advise any production agency of the elements of the coverage, including the amount of stop-loss insurance in effect.
(7) (a) The provisions of this section and any other laws of this state that
regulate insurance or insurance companies shall not apply to any multiple employer health trust that meets the requirements of subsection (7)(b) of this section, any multiple employer welfare arrangement that meets the requirements of subsection (7)(c) of this section, or any multiple employer behavioral health trust that meets the requirements of subsection (7)(e) of this section. Any such trust or arrangement shall be subject to the requirements of this subsection (7) and section 10-3-1104. The exemption provided by this subsection (7) shall not apply to any entity if the division of insurance determines that its operation is hazardous to the public or to individuals receiving benefits.
(b) A multiple employer health trust is any trust that is:
(I) Sponsored, maintained, and funded by one or more entities of state
government or political subdivisions of the state organized pursuant to state law and is for the benefit of the entity's employees, including a multiple employer health trust established for the purposes of part 3 or 4 of article 5 of title 29; or
(II) Established and maintained pursuant to the provisions of a collective
bargaining agreement between one or more unions and employers or an association of employers for the benefit of employees who are covered by such agreement, and pursuant to which health benefits, wages, pension benefits, and other terms of employment have been bargained for in good faith and the sponsoring union provides services and benefits to its members other than health benefits.
(c) A multiple employer welfare arrangement is any arrangement that
complies with either the following requirements or subsection (7)(d) of this section:
(I) The multiple employer welfare arrangement shall have been in existence
continuously since at least January 1, 1983, and shall maintain unallocated reserves of not less than five percent of the first two million dollars of annual contributions made to such arrangement in the preceding year.
(II) The multiple employer welfare arrangement shall file its annual financial
statement with the division within sixty days after the end of its fiscal year to demonstrate that the required reserves are being maintained, and it shall file its audited financial statement with the division within the time period that insurance companies are required to file such statements.
(III) The multiple employer welfare arrangement shall file an actuarial
opinion with the division which states that the reserves and the contribution and funding levels of the arrangement are adequate and which includes the underlying actuarial report in support of the opinion in accordance with the requirements of section 10-7-114, and such arrangement shall file such opinion and report within the time period that insurance companies are required to file such actuarial opinion.
(IV) The multiple employer welfare arrangement shall provide benefits which
are in substantial compliance with the mandated benefit provisions that are applicable to insurers offering health insurance coverage in this state.
(V) The multiple employer welfare arrangement shall be sponsored and
maintained by an association which:
(A) Has within its membership the employers who participate in and fund the
arrangement;
(B) Is engaged in substantial activities for its employer members, other than
the sponsorship of an employee welfare benefit plan, and provides business or professional assistance and benefits to its members who share a common business interest and are primarily engaged in the same trade or business; and
(C) Has been in existence for a period of at least ten years.
(d) (I) A multiple employer welfare arrangement that meets the requirements
specified in subsection (7)(c) of this section other than subsection (7)(c)(I) of this section may file an application for a waiver with the commissioner. A multiple employer welfare arrangement that meets the requirements specified in subsection (7)(c) of this section other than those specified in subsections (7)(c)(I) and (7)(c)(V)(B) of this section may also file an application for a waiver with the commissioner. The application must include:
(A) A copy of the multiple employer welfare arrangement's articles of
incorporation, constitution, trust agreement, bylaws, and analogous organic documents that govern the operation of the arrangement;
(B) A copy of membership criteria, a statement of ownership of the multiple
employer welfare arrangement's members, and a summary of the activities and benefits, other than health plan coverage, provided to members;
(C) A list of names, addresses, and official capacities with the multiple
employer welfare arrangement of the individuals who will be responsible for the management and conduct of the affairs of the arrangement, including all trustees, officers, and directors, along with a full disclosure of the extent and nature of any contracts between the individuals and the arrangement, including possible conflicts of interest;
(D) Background records. Each individual specified in subsection (7)(d)(I)(C) of
this section shall submit a set of fingerprints to the commissioner. The commissioner shall forward the fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The multiple employer welfare arrangement shall bear only the actual costs of the record check. When the results of a fingerprint-based criminal history record check of an individual performed pursuant to this subsection (7)(d)(I)(D) reveal a record of arrest without a disposition, the commissioner shall require that individual to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).
(E) A copy of the policy, contract, certificate, summary plan description, or
other evidence of the benefits and coverages provided to covered employees, including for each form of evidence a table of the rates charged or proposed to be charged;
(F) A copy of the multiple employer welfare arrangement's stop-loss or
excess insurance agreement, if any;
(G) A copy of audited financial statements of the multiple employer welfare
arrangement for the previous five years that were prepared by a licensed certified public accountant, including an actuarial opinion; and
(H) A copy of every contract between the multiple employer welfare
arrangement and its administrator or service company, including, if applicable, a copy of the fidelity bond specified in subsection (7)(d)(II)(C) of this section.
(II) To qualify for a waiver, a multiple employer welfare arrangement must:
(A) Maintain unallocated reserves of not less than two million dollars of
minimum surplus; except that the commissioner may, by rule, increase the minimum surplus consistent with the standards of the national association of insurance commissioners;
(B) Be managed by and provide benefits through an administrator or service
company that is in good standing in all other states in which the administrator or service company operates, and if the multiple employer welfare arrangement provides coverage through one or more brokers, the brokers must be licensed as producers pursuant to article 2 of this title 10;
(C) Be managed by an administrator or service company that is a licensed
third-party administrator or is covered by a fidelity bond in the amount of two hundred thousand dollars;
(D) Maintain a complaint system that complies with article 11 of this title 10
and make the system available to the division upon request;
(E) File the multiple employer welfare arrangement's plan marketing
materials with the division;
(F) Provide to the commissioner quarterly financial statements to
demonstrate that the reserves required pursuant to subsection (7)(d)(II)(A) of this section are being maintained along with annual audited financial reports;
(G) Provide nondiscriminatory plan coverage to its members that is applied
evenly and equitably to all employees of the members and that matches what is otherwise required of health benefit plans, including: Coverage of essential health benefit plans and compliance with the federal Patient Protection and Affordable Care Act, Pub.L.111-148, as amended; coverage of state-mandated health benefits as required by section 10-16-104; network provider requirements and compliance with network adequacy standards as required by section 10-16-704; and guarantee issue requirements, including that all multiple employer welfare arrangement members and their employees must be eligible to purchase insurance;
(H) Not condition membership on health-status-related factors related to an
individual or exclude an employer from membership because of the health status of the employees of the employer. Health-status-related factors include: Health status; medical condition, including both physical and mental illness, as defined in 45 CFR 144.103; and evidence of insurability or disability.
(I) Not charge different premium rates, alter cost sharing, or change benefit
levels based on health-status-related factors of a multiple employer welfare arrangement member group or individual employee of that group;
(J) Not make health insurance coverage offered through the arrangement
available other than in connection with a member of the multiple employer welfare arrangement; and
(K) File annual rate and form filings with the division as specified by the
commissioner by rule.
(III) The commissioner shall consider granting a waiver to a multiple
employer welfare arrangement that has submitted a complete application pursuant to subsection (7)(d)(I) of this section and that is in compliance with subsection (7)(d)(II) of this section in accordance with the following factors:
(A) Whether the establishment of a multiple employer welfare arrangement
has the potential to lower insurance costs for its members or provide additional insurance options in a region or regions of the state where there may not be sufficient competition;
(B) Potential impact on the fully insured market;
(C) Consumer experience with accessing coverage and the potential for
consumer harm;
(D) Whether the administrator of the multiple employer welfare arrangement
has demonstrated financial soundness so as to not jeopardize the viability of the arrangement or harm its members; and
(E) The length of time the multiple employer welfare arrangement has been
in existence.
(IV) A waiver granted pursuant to this subsection (7)(d) subjects the multiple
employer welfare arrangement to the division's full enforcement authority available pursuant to this title 10 and allows the arrangement to operate pursuant to this subsection (7) for two years. To continue to operate pursuant to this subsection (7), an arrangement must reapply for a waiver; except that, if the commissioner grants five consecutive waivers pursuant to this subsection (7)(d), an arrangement may continue to operate pursuant to this subsection (7) without again applying for a waiver. An arrangement operating pursuant to this subsection (7)(d) remains subject to the division's full enforcement authority under this title 10, and the division may apply any requirement in this title 10 applicable to health insurance carriers to the arrangement as long as the multiple employer welfare arrangement is operating in Colorado.
(V) The commissioner:
(A) Shall adopt rules for the implementation of this subsection (7)(d); and
(B) May waive any of the requirements of subsection (7)(d)(I)(B) of this
section for waiver applicants that meet the requirements in subsection (7)(c) of this section other than those specified in subsections (7)(c)(I) and (7)(c)(V)(B) of this section.
(e) A multiple employer behavioral health trust is any trust that is sponsored
and maintained by one or more entities of state government or political subdivisions of the state, organized pursuant to state law, and funded by the state for the benefit of the entities' employees, including a multiple employer behavioral health trust established for the purposes of part 5 of article 5 of title 29.
Source: L. 91: Entire section added, p. 1206, � 3, effective July 1. L. 93: (7)
added, p. 256, � 1, effective March 31. L. 2014: IP(7)(b) and (7)(b)(I) amended, (SB 14-172), ch. 325, p. 1427, � 2, effective January 1, 2015. L. 2017: (7)(b)(I) amended, (SB 17-214), ch. 187, p. 684, � 4, effective May 3. L. 2021: IP(7)(c) amended and (7)(d) added, (SB 21-063), ch. 467, p. 3360, � 1, effective September 7. L. 2022: (7)(d)(I)(D) amended, (HB 22-1270), ch. 114, p. 513, � 5, effective April 21; (7)(a) amended and (7)(e) added, (SB 22-002), ch. 339, p. 2443, � 8, effective June 3.
C.R.S. § 10-4-1201
10-4-1201. Definitions. As used in this part 12, unless the context otherwise requires:
(1) Accredited state means a state in which the insurance department has
qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the national association of insurance commissioners (NAIC).
(2) Control or controlled has the meaning set forth in section 10-3-801
(3).
(3) Controlled insurer means a licensed insurer which is controlled, directly
or indirectly, by a producer.
(4) Controlling producer means a producer who, directly or indirectly,
controls an insurer.
(5) Insurance department means the commissioner or other government
official or agency of a state other than Colorado exercising powers and duties substantially equivalent to those of the commissioner or the division.
(6) Insurer or licensed insurer means any person, firm, association, or
corporation duly licensed to transact a property and casualty insurance business in this state. The following are not licensed insurers for the purposes of this part 12, and this list is not exclusive:
(a) All risk retention groups as defined in the Superfund Amendments and
Reauthorization Act of 1986, Pub.L. 99-499, 100 Stat. 1613 (1986), the Liability Risk Retention Act of 1986, 15 U.S.C. sec. 3901 et seq., and the Model Risk Retention Act, part 14 of article 3 of this title;
(b) All residual market pools and joint underwriting authorities or
associations; and
(c) All captive insurers. For the purposes of this part 12, captive insurers
are insurance companies owned by another organization and whose exclusive purpose is to insure risks of the parent organization and affiliated companies, or, in the case of groups and associations, captive insurers are insurance organizations owned by the insureds whose exclusive purpose is to insure risks to member organizations, or to group members and their affiliates, or to both.
(7) Producer means an insurance broker or brokers or any other person,
firm, association, or corporation when, for any compensation, commission, or other thing of value, such person, firm, association, or corporation acts or aids in any manner in soliciting, negotiating, or procuring the making of any insurance contract on behalf of an insured other than the said person, firm, association, or corporation.
Source: L. 92: Entire part added, p. 1486, � 19, effective July 1. L. 2020: (6)(a)
amended, (HB 20-1402), ch. 216, p. 1042, � 13, effective June 30.
C.R.S. § 10-4-1706
10-4-1706. Compensation. (1) This part 17 does not prohibit the payment or receipt of related compensation in the form of a commission, service fee, brokerage, or other valuable consideration for the sale of self-storage insurance that the supervising entity is authorized to sell, solicit, or negotiate under this part 17 if the supervising entity was duly licensed under this part 17 for the performance of the services and has met all conditions as set forth in this part 17.
(2) Notwithstanding any other provision of law, a self-storage retailer shall
not compensate employees based primarily on the number of occupants enrolled for limited lines self-storage insurance, but the self-storage retailer may compensate employees for activities under the limited lines employee's or supervising entity's overall compensation.
Source: L. 2017: Entire part added, (HB 17-1263), ch. 368, p. 1918, � 1,
effective August 9.
C.R.S. § 10-4-415
10-4-415. Prohibition against anticompetitive behavior. (1) (a) No insurer or rating organization shall monopolize or attempt to monopolize, or combine or conspire with any other person to monopolize, in any territory, the business of insurance of any kind, subdivision, or class thereof.
(b) No insurer or rating organization shall agree with any other insurer or
rating organization to charge or adhere to any rate, although insurers and rating organizations may continue to exchange statistical information.
(c) No insurer or rating organization shall make any agreement with any
other insurer, rating organization, or other person to restrain trade.
(d) No insurer or rating organization shall make any agreement with any
other insurer, rating organization, or other person the effect of which may be substantially to lessen competition in any territory or in any kind, subdivision, or class of insurance.
(e) No insurer may acquire or retain any capital stock or assets of, or have
any common management with, any other insurer if the effect of such acquisition, retention, or common management may be substantially to lessen competition in any territory or in any kind, subdivision, or class of insurance.
(f) No insurer or rating organization shall make any agreement with any other
insurer or rating organization to refuse to deal with any person in connection with the sale of insurance.
(g) No rating organization or member or subscriber thereof shall interfere
with the right of any insurer to make its rates independently of such rating organization or to charge rates different from the rates made by such rating organization.
(h) No member of or subscriber to a rating organization shall refuse to do
business with, or prohibit or prevent the payment of commissions to, any licensed agent or broker on the ground that such agent or broker does business with an insurer which makes its rates, or any portion thereof, independently of such rating organization.
(i) Nothing in this part 4 shall be construed as requiring any insurer to
become a member of or a subscriber to any rating organization, or as preventing any insurer, while a member of or subscriber to a rating organization, from making its own rates for any kind, subdivision, or class of insurance, for which it does not elect to authorize the rating organization to act on its behalf.
(j) Any insurer which is a member of or subscriber to a rating organization
may make its own rates for any kind, subdivision, or class of insurance. No rating organization shall have authority to act on behalf of any insurer which is a member of or subscriber to such rating organization except as authorized in writing by such member or subscriber, which authority may be supplemented, modified, or revoked, in whole or in part, at any time by such member or subscriber at its option.
(k) No rating organization shall have or adopt any rule or exact any
agreement, or formulate or engage in any program, the effect of which would be to require any member, subscriber, or other insurer to utilize some or all of its services, or to adhere to its rates, rating plans, rating systems, underwriting rules, or policy forms, or to prevent any insurer from acting independently.
(2) (a) The commissioner, through the attorney general, and any person
injured in his business or property by reason of anything forbidden in subsection (1) of this section may maintain an action to enjoin any violation of such subsection (1).
(b) Any person injured in his business or property by reason of anything
forbidden in subsection (1) of this section may maintain an action and shall be able to recover punitive damages not to exceed actual monetary loss and expense.
Source: L. 79: Entire part R&RE, p. 372, � 8, effective July 1.
Editor's note: This section is similar to former � 10-4-404 as it existed prior to
1979.
C.R.S. § 10-5-101.1
10-5-101.1. Legislative declaration. (1) The general assembly finds and declares that disability, property, and casualty insurance transactions with nonadmitted insurers are so affected with a public interest as to require regulation, taxation, supervision, and control of such transactions and matters relating thereto, as provided in this article 5, in order to:
(a) Protect the insureds and claimants of this state in transactions involving
the purchase of insurance from insurers not authorized to transact business in this state;
(b) Provide for the public, except for transactions related to the diligent
effort requirements of this article for exempt commercial policyholders, as defined pursuant to section 10-4-1402 and rules adopted by the commissioner pursuant to that section, to the extent that insurance is not procurable from admitted insurers, orderly, reasonable, and regulated access to such insurance from eligible nonadmitted insurers through qualified, licensed, and supervised surplus line agents and brokers;
(c) Protect the revenues of this state;
(d) Protect regulated, admitted insurers from unregulated and unfair
competition by nonadmitted insurers;
(e) Regulate and supervise the effectuation of surplus lines insurance in
accordance with the laws of this state and federal law, including the federal McCarran-Ferguson Act; and
(f) Maintain reliable insurance markets.
Source: L. 81: Entire section added, p. 537, � 1, effective January 1, 1982. L.
95: IP(1), (1)(b), and (1)(e) amended, p. 491, � 7, effective May 16. L. 99: (1)(b) amended, p. 388, � 9, effective January 15, 2000. L. 2012: (1)(b) amended, (HB 12-1215), ch. 104, p. 355, � 9, effective August 8. L. 2017: IP(1) amended, (SB 17-274), ch. 334, p. 1788, � 1, effective August 9.
Cross references: For the McCarran-Ferguson Act, see 59 Stat. 33, 15 U.S.C.
�� 1011 to 1015.
C.R.S. § 10-5-101.2
10-5-101.2. Definitions. As used in this article 5, unless the context otherwise requires:
(1) Affiliate means, with respect to an insured, any entity that controls, is
controlled by, or is under common control with the insured.
(2) Affiliated group means any group of entities that are all affiliated.
(3) Broker means a surplus lines producer duly licensed to export
insurance under this article.
(4) Control means that an entity has control over another entity if the
controlling entity:
(a) Directly or indirectly or acting through one or more other persons owns,
controls, or has the power to vote twenty-five percent or more of any class of voting securities of the controlled entity; or
(b) Controls in any manner the election of a majority of the directors or
trustees of the controlled entity.
(4.5) Disability insurance means insurance that:
(a) Is in excess of policy limits available under a policy issued by an admitted
insurer;
(b) Provides income replacement to an insured who becomes an individual
with a disability while covered by the disability insurance policy; and
(c) Does not provide coverage for the diagnosis or treatment of an insured's
disability.
(5) Export means to place with an insurer under this article insurance
covering an insured whose home state is Colorado.
(6) Federal act means the Nonadmitted and Reinsurance Reform Act of
2010, 15 U.S.C. sec. 8201 et seq., as amended.
(7) (a) Except as provided in paragraph (b) of this subsection (7),home state
means, with respect to an insured:
(I) The state in which the insured maintains its principal place of business or,
in the case of an individual, the individual's principal residence; or
(II) If one hundred percent of the insured risk is located out of the state
referred to in subparagraph (I) of this paragraph (a), the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated.
(b) With respect to affiliated groups, if more than one insured from an
affiliated group are named insureds on a single surplus lines insurance contract, home state means the home state, as determined pursuant to paragraph (a) of this subsection (7), of the member of the affiliated group that has the largest percentage of premium attributed to it under the insurance contract.
(8) Independently procured insurance means insurance procured directly
by a person from a nonadmitted insurer.
(9) Multistate risk means a risk covered by a nonadmitted insurer with
insured exposures in more than one state.
(10) Nonadmitted insurance means any disability, property, or casualty
insurance permitted in a state to be placed directly or through a broker with a nonadmitted insurer eligible to accept such insurance. Nonadmitted insurance includes independently procured insurance and surplus lines insurance.
(11) Nonadmitted insurers means insurers not having a certificate of
authority to transact business in this state.
(12) Person has the same meaning as set forth in section 2-4-401, C.R.S.
(13) Surplus lines insurance:
(a) Means coverage placed with an eligible nonadmitted insurer as provided
by section 10-5-108; and
(b) Includes disability insurance.
Source: L. 81: Entire section added, p. 538, � 1, effective January 1, 1982. L.
95: (1) and (2) amended and (4) added, p. 491, � 8, effective May 16. L. 2012: Entire section amended, (HB 12-1215), ch. 104, p. 350, � 1, effective August 8. L. 2017: IP, (10), and (13) amended and (4.5) added, (SB 17-274), ch. 334, p. 1788, � 2, effective August 9.
C.R.S. § 10-5-101.5
10-5-101.5. Exemptions. (1) The provisions of this article controlling the placing of insurance with nonadmitted insurers shall not apply to reinsurance or, except as to subsection (2) of this section, to the following types of insurance when placed by licensed agents or brokers of this state:
(a) Insurance on vessels or crafts or their hulls or cargoes or on marine
builders' risks or marine protection and indemnity or other risks, including strikes and war risks commonly insured under ocean or wet marine forms of policy;
(b) Insurance on subjects located, resident, or to be performed wholly
outside of this state or on vehicles or aircraft owned and principally garaged outside this state;
(c) Insurance on the operations of railroads engaged in transportation in
interstate commerce and their property used in such operations;
(d) Insurance on aircraft owned or operated by manufacturers of aircraft or
on aircraft operated in commercial scheduled interstate flight or the cargo of such aircraft or against liability, other than workers' compensation and employers' liability, arising out of the ownership, maintenance, or use of such aircraft;
(e) Insurance on satellites or other devices intended for launch beyond the
earth's atmosphere.
(2) Brokers placing any insurance referred to in subsection (1) of this section
shall keep a full and true record of each such coverage in detail as required of surplus line insurance under this article. The record shall be preserved for not less than three years after the effective date of the insurance; shall be kept in the broker's office and open to the commissioner's examination and on forms designated and furnished by the commissioner; and shall contain a report of all such coverages so placed in a designated calendar year.
Source: L. 81: Entire section added, p. 538, � 1, effective January 1, 1982. L.
2005: Entire section amended, p. 735, � 1, effective January 1, 2006.
C.R.S. § 10-5-103
10-5-103. Conditions for export. (1) If certain insurance coverages cannot be procured from admitted insurers, such coverages, designated in this article as surplus lines, may be procured from nonadmitted insurers, subject to the following conditions:
(a) The insurance must be procured through a licensed broker.
(b) The full amount of insurance required shall not be procurable, after
diligent effort has been made to do so, from among admitted insurers authorized to transact and actually transacting that kind of insurance in this state; and placing the insurance with a nonadmitted insurer shall not be for the purpose of securing a lower premium rate than that which would be accepted by an admitted insurer unless the premium rate quoted by the admitted insurer is more than ten percent higher than that quoted by the nonadmitted insurer.
(c) At the time of the procuring of any such insurance, an affidavit setting
forth facts referred to in paragraph (b) of this subsection (1) must be executed by the broker. Such affidavit shall be filed with the commissioner within thirty days after the insurance is procured. In lieu thereof, the commissioner may provide for simplified monthly reporting of coverages procured pursuant to this article.
(2) The diligent effort requirements of this section shall not apply to
transactions with exempt commercial policyholders, as defined pursuant to section 10-4-1402 and rules adopted by the commissioner pursuant to that section.
Source: L. 49: p. 467, � 2. CSA: C. 87, � 319. CRS 53: � 72-14-2. C.R.S. 1963: �
72-13-2. L. 81: Entire section R&RE, p. 538, � 2, effective January 1, 1982. L. 95: IP(1) and (1)(b) amended, p. 492, � 10, effective May 16. L. 99: (2) added, p. 388, � 10, effective January 15, 2000.
C.R.S. § 10-5-103.5
10-5-103.5. Producing broker's affidavit. Any broker exporting insurance under this article, at the request of any other licensed agent or broker, may accept an affidavit executed by such other agent or broker, in such form as may be prescribed or accepted by the commissioner, as evidence that such insurance was eligible for export under section 10-5-103. Except as the commissioner may otherwise provide, the broker shall file or cause to be filed such affidavit with the commissioner within thirty days after the insurance was so procured.
Source: L. 81: Entire section added, p. 539, � 3, effective January 1, 1982.
C.R.S. § 10-5-104
10-5-104. Endorsement of contract. Every insurance contract procured and delivered as a surplus line coverage pursuant to this article shall be initialed by or bear the name of the surplus line broker who procured it and shall have stamped upon it the following: This contract is delivered as a surplus line coverage under the 'Nonadmitted Insurance Act'. The insurer issuing this contract is not licensed in Colorado but is an eligible nonadmitted insurer. There is no protection under the provisions of the 'Colorado Insurance Guaranty Association Act'.
Source: L. 49: p. 468, � 3. CSA: C. 87, � 320. CRS 53: � 72-14-3. C.R.S. 1963:
� 72-13-3. L. 95: Entire section amended, p. 492, � 11, effective May 16. L. 2012: Entire section amended, (HB 12-1215), ch. 104, p. 355, � 10, effective August 8.
Cross references: For the Colorado Insurance Guaranty Association Act,
see part 5 of article 4 of this title 10.
C.R.S. § 10-5-107
10-5-107. Brokers may accept business from producers. A licensed surplus line broker may accept and place surplus line business for any insurance producer licensed in this state for the kind of insurance involved and may compensate such agent or broker therefor.
Source: L. 49: p. 468, � 6. CSA: C. 87, � 323. CRS 53: � 72-14-6. C.R.S. 1963:
� 72-13-6. L. 2001: Entire section amended, p. 1213, � 38, effective January 1, 2002.
C.R.S. § 10-5-108
10-5-108. Placement of surplus lines insurance. (1) A broker shall not place any coverage with a nonadmitted insurer unless, at the time of placement, the nonadmitted insurer meets all applicable eligibility requirements contained in the federal act or is an insurance exchange, Lloyds plan, or group of incorporated insurers under common administration that has been approved by the commissioner and is included on the list of eligible nonadmitted insurers prepared by the commissioner at least annually. To be placed on the eligible list, the nonadmitted insurer shall:
(a) Submit a current year's application, fees as prescribed by sections 10-3-207 and 24-31-104.5, C.R.S., and other information required by the commissioner. In
the case of an insurance exchange, the nonadmitted insurer shall submit an aggregate combined annual statement of all underwriting syndicates operating during the period reported, in addition to individual annual statements for each syndicate.
(b) (I) In the case of a foreign insurer, meet all applicable eligibility
requirements contained in the federal act. The commissioner may approve an insurer with less than the required minimum requirements upon an affirmative finding of acceptability by the commissioner. The finding must be based upon such factors as quality of management, capital and surplus of any parent company, company underwriting profit and investment income trends, market availability, and company record and reputation within the industry. The commissioner shall not make an affirmative finding of acceptability when the insurer's capital and surplus is less than four million five hundred thousand dollars.
(II) In the case of an insurance exchange created by the laws of a state
other than this state, the syndicates of the exchange shall have and maintain, under terms acceptable to the commissioner, capital and surplus of not less than seventy-five million dollars in the aggregate. The insurance exchange shall maintain, under terms acceptable to the commissioner, not less than fifty percent of the policyholder surplus of each syndicate in a custodial account accessible to the exchange or its domiciliary commissioner in the event of insolvency or impairment of the individual syndicate. In addition, each individual syndicate to be eligible to accept surplus lines insurance placements from this state shall meet either of the following requirements:
(A) For insurance exchanges that maintain funds in an amount of not less
than fifteen million dollars for the protection of all exchange policyholders, the syndicate shall have and maintain, under terms acceptable to the commissioner, minimum capital and surplus of not less than five million dollars; or
(B) For insurance exchanges that do not maintain funds in an amount of not
less than fifteen million dollars for the protection of all exchange policyholders, the syndicate shall maintain, under terms acceptable to the commissioner, minimum capital and surplus of not less than the minimum capital and surplus requirements under the laws of its domiciliary jurisdiction or fifteen million dollars, whichever is greater.
(c) (I) In the case of an alien insurer, as defined in section 10-3-301 (1),
maintain status on the current national association of insurance commissioners' international insurers department listing;
(II) In the case of a Lloyd's plan or other similar unincorporated group of
individual insurers, or a combination of both unincorporated and incorporated insurers, such alien insurer shall have and maintain a trust fund in the United States, in an amount of not less than one hundred million dollars, which trust fund shall be available for the benefit of United States surplus lines policyholders of any member of the group. The group shall, in addition, maintain in the United States a trust fund or trust funds in an amount satisfactory to the commissioner that is not less than the amount required by the law of the state where the trust fund or trust funds are located. The incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members. The trust funds shall be maintained in an irrevocable trust account in the United States in a qualified financial institution and shall consist of cash, securities, letters of credit, or investments of substantially the same character and quality as those that are eligible investments for the capital and statutory reserves of admitted insurers to write like kinds of insurance in this state, and the trust instrument representing the surplus portion of the trust deposit shall satisfy the requirements of the standard trust agreement required for listing with the national association of insurance commissioners' international insurers department.
(III) In the case of a group of incorporated insurers under common
administration that has continuously transacted an insurance business outside the United States for at least three years immediately before May 16, 1995, and that submits to this state's authority to examine its books and records and bears the expense of the examination, have and maintain an aggregate policyholders' surplus of ten billion dollars and have and maintain in trust a surplus in the amount of one hundred million dollars, all of which surplus funds shall be available for the benefit of United States surplus lines policyholders of any member of the group. Each insurer shall individually maintain capital and surplus of not less than twenty-five million dollars per company. The trust funds shall satisfy the requirements of the standard trust agreement requirement for listing with the national association of insurance commissioners' international insurers department, shall be maintained in an irrevocable trust account in the United States in a qualified financial institution, and shall consist of cash, securities, letters of credit, or investments of substantially the same character and quality as those that are eligible investments for the capital and statutory reserves of admitted insurers to write like kinds of insurance in this state. Additionally, each member of the group shall make available to the commissioner an annual certification of the member's solvency by the member's domiciliary regulator and its independent public accountant.
(d) (Deleted by amendment, L. 95, p. 493, � 13, effective May 16, 1995.)
(2) A surplus line broker who places insurance with a nonadmitted insurance
company that does not comply with this article is subject to a penalty of up to ten thousand dollars as determined by the commissioner and the surplus line broker's license may be revoked.
Source: L. 49: p. 469, � 7. CSA: C. 87, � 324. CRS 53: � 72-14-7. C.R.S. 1963:
� 72-13-7. L. 71: p. 725, � 1. L. 73: p. 856, � 1. L. 75: (1) R&RE, p. 342, � 1, effective July 1. L. 81: (1) amended, p. 539, � 5, effective January 1, 1982. L. 91: (1) amended, p. 1232, � 6, effective June 5. L. 92: (1) amended, p. 1492, � 21, effective July 1. L. 93: (1)(c) amended, p. 485, � 2, effective April 26. L. 95: Entire section amended, p. 493, � 13, effective May 16. L. 98: (1)(c)(II) amended, p. 227, � 1, effective April 10. L. 2010: (1)(a) amended, (HB 10-1385), ch. 204, p. 883, � 4, effective May 5. L. 2012: (1)(a) amended, (SB 12-110), ch. 158, p. 561, � 6, effective July 1; IP(1), (1)(a), IP(1)(b), (1)(b)(I), (1)(c)(I), and (2) amended, (HB 12-1215), ch. 104, p. 351, � 2, effective August 8.
Editor's note: Amendments to subsection (1)(a) by House Bill 12-1215 and
Senate Bill 12-110 were harmonized.
C.R.S. § 10-5-109
10-5-109. Records of surplus line broker. Each licensed surplus line broker shall keep in the broker's office a full and true record of each surplus line contract procured by the broker, including a copy of the daily report, if any, showing such of the following items as may be applicable: Amount of the insurance; gross premiums charged; return premium paid, if any; rate of premium charged upon the several items of property; effective date of the contract and the terms thereof; name and address of the insurer; name and address of the insured; brief general description of property insured and where located; other information as may be required by the commissioner. The record shall at all times be open to examination by the commissioner.
Source: L. 49: p. 469, � 8. CSA: C. 87, � 325. CRS 53: � 72-14-8. C.R.S. 1963:
� 72-13-8. L. 2001: Entire section amended, p. 1213, � 39, effective January 1, 2002.
C.R.S. § 10-5-110
10-5-110. Statement - rules. (1) Each surplus line broker and every person that enters into an independent procurement for nonadmitted insurance shall file with the commissioner a verified statement of all insurance transacted by the broker or other person during the preceding reporting period. The commissioner shall, by rule, determine the reporting period.
(2) The statement must be on forms as prescribed and furnished by the
commissioner, and must show: Gross amount of each kind of insurance transacted, aggregate gross premiums charged, aggregate of returned premiums paid to insureds, aggregate of net premiums, and additional information as required by the commissioner.
Source: L. 49: p. 469, � 9. CSA: C. 87, � 326. CRS 53: � 72-14-9. C.R.S. 1963:
� 72-13-9. L. 2012: Entire section amended, (HB 12-1215), ch. 104, p. 353, � 3, effective August 8.
C.R.S. § 10-5-111
10-5-111. Tax on premiums - filing system - division to contract with third parties - rules - definition. (1) Each surplus line broker and every person that enters into an independent procurement for nonadmitted insurance shall remit to the division a tax on the net premiums, exclusive of sums collected to cover federal and other state taxes and examination fees, on nonadmitted insurance subject to tax under this article during the preceding reporting period as shown by the statement filed with the commissioner. The net premiums must be taxed at the rates described in section 10-5-111.5.
(2) If a surplus line policy or independently procured policy covers an insured
whose home state is Colorado, and that policy covers risks or exposures located outside of Colorado, the tax payable is computed using the allocation method contained in section 10-5-111.5.
(3) (a) All taxes, penalties, fines, fees, and associated filings required
pursuant to this section must be submitted to the division through a secure web-based application system identified by the division. The commissioner may enter into a contract with a qualified third party, including the Florida Surplus Line Services Office, for a secure web-based application system that would allow taxpayers to file taxes for multiple states on a single web-based application system. The third party may charge the taxpayer a nominal fee for this service that is reasonably related to the overall cost of the service of collecting filings and payments and transmitting those filings and payments to the division. A fee charged by the third party as part of this subsection (3) is not subject to this section, section 10-3-207, section 10-3-209 (4)(a), or section 10-5-111.5 (1).
(b) Pursuant to article 4 of title 24, the commissioner may promulgate rules
necessary to implement, operate, and enforce this subsection (3).
(c) In contracting with a qualified third party for a secure web-based
application system described in this subsection (3), the commissioner is exempt from the Procurement Code, articles 101 to 112 of title 24.
(d) As used in this subsection (3), taxpayer means a person subject to tax
under this section 10-5-111.
Source: L. 49: p. 470, � 10. CSA: C. 87, � 327. CRS 53: � 72-14-10. C.R.S.
1963: � 72-13-10. L. 92: (1) amended, p. 1761, � 2, effective February 28. L. 2012: Entire section amended, (HB 12-1215), ch. 104, p. 353, � 4, effective August 8. L. 2024: (3) added, (HB 24-1119), ch. 38, p. 137, � 3, effective March 22.
Cross references: (1) For additional taxes required by this article 5, see � 10-3-209.
(2) For the legislative declaration in HB 24-1119, see section 1 of chapter 38,
Session Laws of Colorado 2024.
C.R.S. § 10-5-112
10-5-112. Penalty for failure to comply. If any surplus line broker fails to file the annual statement, or fails to remit the tax provided by section 10-5-111, prior to the first day of April after the tax is due, the broker shall be liable for a fine of twenty-five dollars for each day of delinquency commencing with the first day of April. The tax may be collected by distraint, or the tax and fine may be recovered by an action instituted by the commissioner in any court of competent jurisdiction.
Source: L. 49: p. 470, � 11. CSA: C. 87, � 328. CRS 53: � 72-14-11. C.R.S. 1963:
� 72-13-11. L. 2005: Entire section amended, p. 736, � 2, effective January 1, 2006.
C.R.S. § 10-5-113
10-5-113. Revocation of broker's license. (1) The commissioner may revoke any surplus line broker's license:
(a) If the broker fails to file the annual statement or to remit the tax as
required by this article; or
(b) If the broker fails to keep the records, or to allow the commissioner to
examine the broker's records as required by this article; or
(c) For any of the causes for which a general broker's license may be
revoked.
(2) The commissioner may suspend or revoke any such license whenever the
commissioner deems suspension or revocation to be for the best interest of the people of this state.
(3) The procedures provided by law for the suspension or revocation of
general brokers' licenses shall be applicable to suspension or revocation of a surplus line broker's license.
(4) No broker whose license has been so revoked or suspended shall again
be so licensed within one year thereafter or until any fines or delinquent taxes owing by the broker have been paid.
Source: L. 49: p. 470, � 12. CSA: C. 87, � 329. CRS 53: � 72-14-12. C.R.S.
1963: � 72-13-12. L. 95: IP(1) amended, p. 496, � 14, effective May 16. L. 2001: (1)(b) amended, p. 1213, � 40, effective January 1, 2002. L. 2005: (1)(a), (2), and (4) amended, p. 736, � 3, effective January 1, 2006.
Cross references: For limitation on revocation of licenses, see article 4 of
title 24; for the procedure for revocation of broker's license, see part 8 of article 2 of this title 10.
C.R.S. § 10-5-115
10-5-115. Authority of commissioner - assistance of brokers' association. (1) The commissioner shall maintain such facilities as may be necessary to carry out the purposes of this article.
(2) The commissioner may rely upon the advice and assistance of a duly
constituted association of brokers in carrying out the purposes of this article, if the association files with the commissioner:
(a) A copy of the association's constitution and articles of agreement or
association or the association's certificate of incorporation and bylaws and any rules or regulations governing the association's activities;
(b) (Deleted by amendment, L. 95, p. 496, � 16, effective May 16, 1995.)
(c) A list of the association's members;
(d) The name and address of a resident of this state upon whom notices or
orders of the commissioner or process issued by the commissioner may be served.
(2.5) The commissioner may examine the association's records concerning
the functions or duties performed on behalf of the commissioner by the association.
(3) The association shall provide a means for the examination of all surplus
line coverages written in this state to determine whether such coverages comply with the law and such rules or regulations as may be issued by the commissioner.
(4) The commissioner may refuse to accept, or may suspend or revoke the
acceptance of, an association for any of the following reasons:
(a) It reasonably appears that the association will not be able to carry out the
purpose of this article;
(b) The association does not maintain and enforce rules or regulations which
will assure that members of the association and persons associated with those members will comply with this article, other applicable articles of this title, and rules or regulations promulgated under either;
(c) The rules or regulations of the association do not assure a fair
representation of its members in the selection of directors and in the administration of its affairs;
(d) The rules or regulations of the association do not provide for an equitable
allocation of reasonable dues, fees, and other charges among members;
(e) The rules or regulations of the association impose an undue burden on
competition;
(f) The association fails to meet other applicable requirements prescribed in
this article.
(5) An association shall deny membership to any person who is not a
licensee.
(6) A broker shall cooperate with the association and the commissioner of
insurance in fulfilling the broker's statutory responsibilities under this article.
(7) There shall not be liability on the part of, nor shall a cause of action of
any nature arise against, the association or its agents, employees, or directors or authorized representatives of the commissioner for actions taken or omitted by them in the performance of their powers and duties under this section.
(8) (a) Upon request from the association, the commissioner may approve the
levy of an examination fee of not more than one percent of premiums charged pursuant to this article for the operation of the association to the extent that such operation relieves the commissioner of duties otherwise required of the commissioner under this article.
(b) The association may revoke the membership and the commissioner may
revoke the license in this state of any licensee who fails to pay the examination fee when due, if the examination fee has been approved by the commissioner.
Source: L. 49: p. 472, � 14. CSA: C. 87, � 331. CRS 53: � 72-14-14. C.R.S.
1963: � 72-13-14. L. 81: Entire section R&RE, p. 540, � 6, effective January 1, 1982. L. 95: (2)(b), (6), and (7) amended and (2.5) added, p. 496, � 16, effective May 16; IP(2) amended, p. 1109, � 56, effective May 31. L. 2010: IP(2) amended, (HB 10-1220), ch. 197, p. 853, � 10, effective July 1.
C.R.S. § 10-5-119
10-5-119. Disclosures regarding claims-made policies by surplus line brokers or insurers. (1) In the event that a contract procured or placed by a Colorado surplus line broker is on a claims-made or other nonoccurrence policy form, the broker or the nonadmitted insurer shall stamp on the face of the policy a clear disclosure, as prescribed by the commissioner, which shall be in predominate type.
(2) The disclosure requirement in subsection (1) of this section shall not
apply to transactions with exempt commercial policyholders as defined by section 10-4-1402 and the rules adopted by the commissioner pursuant to such section.
Source: L. 87: Entire section added, p. 434, � 9, effective May 1. L. 92: Entire
section amended, p. 1494, � 22, effective July 1. L. 95: Entire section amended, p. 497, � 18, effective May 16. L. 2005: Entire section amended, p. 736, � 5, effective January 1, 2006.
CAPTIVE INSURANCE COMPANIES
ARTICLE 6
Captive Insurance Companies
C.R.S. § 11-102-102
11-102-102. Powers of commissioner. (1) The commissioner shall be the administrative head of the division, shall set administrative policy therefor, and shall be responsible for the internal administration thereof, including personnel matters, records, reports, systems, and procedures.
(2) The commissioner shall be the appointing authority for employees of the
division under the state personnel system.
(3) The commissioner shall be responsible for all examination and
enforcement functions of the division of banking subject to the policy-making and rule-making authority of the banking board. In carrying out the responsibilities for examinations and enforcement, in addition to other powers conferred by this code and delegated by the banking board, the commissioner has the power to require a bank to:
(a) Comply with the standards that the banking board may prescribe for
determining the value of various types of assets;
(b) Charge off the whole or any part of an asset that, at the time of the
commissioner's action, could not lawfully be acquired;
(c) Write down an asset to its market value;
(d) File, record, or otherwise make effective liens and other interests in
property;
(e) Obtain a financial statement from a person with present or prospective
liability to the bank to the extent that the bank can do so;
(f) Obtain insurance against damage to real estate taken as security;
(g) Obtain title insurance for real estate taken as security;
(h) Maintain adequate insurance against such other risks as the
commissioner or the banking board may determine to be necessary and appropriate for the protection of depositors and the public.
(4) The commissioner shall have primary responsibility for the preparation of
the preliminary budget draft for the division for review and comment by the banking board prior to its submission to the department of regulatory agencies.
(5) The commissioner shall have the power to perform any acts and to make
any decisions incidental to or necessary for carrying out any functions specified by this code or delegated by the banking board pursuant to this code.
(6) The commissioner has the power, subject to the approval of the banking
board and subject to the laws and state constitution, to appoint a chief deputy commissioner and such other deputy commissioners as shall be necessary to efficiently perform the duties of the commissioner. All such officers and employees shall receive such compensation for their services as shall be fixed under general provisions of law relating to the compensation of state officers and employees.
(7) The commissioner, the deputies, and all other employees of the division
shall, before entering upon the discharge of their duties, in addition to any oath required by the state constitution, take and subscribe an oath to keep secret all information acquired by them in the discharge of their duties, except as may be otherwise required by this code or by law. Willful violation of this oath is declared to be a criminal offense. The commissioner, all deputies, and all other employees of the division shall be subject to article 18 of title 24, C.R.S.
(8) The commissioner may delegate to any officer or employee of the division
any of the commissioner's powers and may designate any officer or employee of the division to perform any of the commissioner's duties.
(9) The commissioner, and such other officers and employees handling
money or securities in the course of their duties as the banking board may determine, shall be bonded in such amount as the banking board may fix. The cost thereof shall be charged as an expense of the division.
(10) The commissioner, all deputies, and all the employees, except special
deputies and assistants employed in liquidating failed banks, shall devote their entire time and attention to the duties of their several positions and shall not, during their terms of service, receive any salary or compensation whatsoever from any bank.
(11) In the case of a vacancy in the office of the commissioner for any cause,
and until such vacancy is filled, the chief deputy commissioner shall have and exercise all the powers and duties conferred by law or by the banking board upon the commissioner, with the same authority as if those powers and duties were exercised and performed by the commissioner. If there is no chief deputy at the time of such vacancy, a chief deputy shall be appointed.
(12) The commissioner shall have a seal of office containing the words
Commissioner of Banking of Colorado in the form of a circle and the word seal within the circle.
Source: L. 2003: Entire article added with relocations, p. 1060, � 3, effective
July 1.
Editor's note: This section is similar to former � 11-2-106 as it existed prior to
2003.
C.R.S. § 11-103-203
11-103-203. Liability of shareholders. (1) The shareholders of every state bank shall be held individually responsible, equally and ratably, and not for another, for all contracts, debts, and engagements of said bank, to the extent of double the amount of their stock therein, at the par value thereof, in addition to the amount invested in such shares.
(2) The term shareholder shall apply not only to such persons as appear on
the books of the bank as shareholders, but also to every owner of stock, legal or equitable, although the stock may stand on such books in the name of another person, but not to a person who holds the stock as collateral security for the payment of a debt.
(3) Any shareholder of any state bank who has transferred the shareholder's
shares or caused such transfer to appear on the books of the bank within sixty days immediately preceding the capital inadequacy of such bank, or who has made such transfer with knowledge of such impending capital inadequacy, is liable to the same extent that the transferee or subsequent transferee fails to meet such liability. This section shall not be construed to affect in any way any recourse that such shareholder might otherwise have against those in whose names such shares appear upon the books of the bank at the time of such capital inadequacy.
(4) If the capital of any state bank becomes inadequate, and its assets and
affairs have been taken possession of by the banking board pursuant to this code, and the banking board is of the opinion that it will become necessary in the course of liquidation of such bank to resort to the liability of the shareholders as provided for in this section, in order to make good the contracts, debts, or engagements of such bank, it shall be lawful for the banking board to file in the office of the county clerk and recorder of any county in this state, wherein any real estate belonging to any shareholder of such bank is situated, a statement in writing to the effect that such person is a stockholder of such bank (naming it) and that such bank is in process of liquidation, and stating the number of shares held by such shareholder and their aggregate par value and the extent of such shareholder's liability under this code.
(5) Such statement shall be duly endorsed as filed by such county clerk and
recorder, giving the date of filing, and shall be indexed with the name of the shareholder as grantor and the name of the bank as grantee, and shall be recorded as mortgages of real estate are required to be recorded, and from the date of filing of such statement the same shall be a lien upon any real estate of such shareholder located in such county.
(6) If such shareholder thereafter deposits with the banking board an
amount of money equal to double the amount of the par value of the stakeholder's shares, to be held by the banking board as security for the shareholder's liability under this section, then the banking board shall execute and file with such county clerk and recorder a release of such lien and, upon completing the liquidation of such bank, shall return to such shareholder any excess of such deposit, if such shareholder's ultimate liability shall prove to be less than the amount so deposited with the banking board; and in all cases where the liability of the shareholder has been satisfied, either as the result of litigation or otherwise, such liens so filed shall be released by the banking board. The expense of filing and recording such liens and releases of the liens shall be paid out of any assets of the bank in the possession of the banking board.
(7) The liability imposed by this section shall not extend to shareholders in
any bank that has become a member of the federal deposit insurance corporation; but if any bank that has become a member of the federal deposit insurance corporation ceases to remain a member thereof, the double liability mentioned in this section shall extend to the shareholders in any such bank as provided in this section.
(8) A stockholder of a state bank shall not set off against the stockholder's
liability any claim the stockholder may have as a depositor in or creditor of any insolvent bank.
Source: L. 2003: Entire article added with relocations, p. 1082, � 3, effective
July 1. L. 2024: (3), (6), and (8) amended, (HB 24-1351), ch. 461, p. 3201, � 17, effective August 7.
Editor's note: This section is similar to former � 11-3-105 as it existed prior to
2003.
PART 3
CHARTERING A STATE BANK
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. § 11-105-401
11-105-401. Acquisition of property to satisfy indebtedness. (1) A state bank may take property of any kind to satisfy, in whole or in part, or to protect indebtedness previously created in good faith by it. Property acquired by a state bank to apply on an indebtedness to a state bank shall be held subject to the following limitations:
(a) Stock shall be sold within six months or such additional period not
exceeding eighteen months as the banking board may allow.
(b) Real estate may be used in the banking business, subject to the
conditions prescribed by this code for property purchased for such use, or may be rented. Real estate may be put in such condition as will reasonably facilitate its sale. Unless used in the banking business, it shall be sold within fifteen years or such longer period as the banking board may allow.
(c) Other property, the acquisition of which is not otherwise authorized by
this code, shall be sold within two years or such longer period as the banking board may allow.
(d) The property shall be entered on the books at not more than cost or fair
market value, whichever is less, except as otherwise provided by the banking board. Each bank maintaining property acquired to satisfy indebtedness will obtain an initial written appraisal and subsequent appraisals as to fair market value by a qualified independent appraiser or such other person as the banking board may approve. The subsequent appraisals shall be obtained pursuant to rules of the state banking board; except that, for purposes of this subsection (1)(d), an appraisal, as defined in section 12-10-602 (1), by an appraiser certified or licensed pursuant to section 12-10-611 shall not be required on properties initially valued pursuant to this subsection (1)(d) at a value consistent with federal requirements and established pursuant to rules of the state banking board. If the appraiser or other person approved by the banking board certifies in writing the appraiser's or other person's opinion that the fair market value has not declined, this opinion may be substituted for a subsequent appraisal.
Source: L. 2003: Entire article added with relocations, p. 1124, � 3, effective
July 1. L. 2004: (1)(d) amended, p. 323, � 6, effective April 7. L. 2014: (1)(d) amended, (SB 14-117), ch. 385, p. 1917, � 2, effective July 1. L. 2019: (1)(d) amended, (HB 19-1172), ch. 136, p. 1660, � 64, effective October 1. L. 2021: (1)(d) amended, (HB 21-1293), ch. 413, p. 2756, � 1, effective September 7.
Editor's note: This section is similar to former � 11-8-101 as it existed prior to
2003.
C.R.S. § 11-105-402
11-105-402. Banking property - acquisition. (1) A state bank may invest in fixed assets of the bank or the stock or obligations of any corporation holding such fixed assets or may make loans to or upon the security of the stock of any such corporation, but the aggregate of all such investments and loans shall not exceed one hundred percent of the bank's capital, as provided in the rules promulgated by the banking board; except that the banking board may approve a larger investment upon application of the bank if the banking board deems the same prudent. As used in this subsection (1), fixed assets means real estate, leasehold improvements, fixtures, furniture, and equipment; real estate and leasehold improvements include land and buildings to be used in the transaction of the bank's business and any excess space that may be rented to others.
(2) The rate of depreciation of property so acquired may be prescribed by the
banking board.
Source: L. 2003: Entire article added with relocations, p. 1125, � 3, effective
July 1.
Editor's note: This section is similar to former � 11-8-102 as it existed prior to
2003.
C.R.S. § 11-109-203
11-109-203. Activities not requiring a charter. (1) Notwithstanding any other provision of this article 109 to the contrary, a company does not engage in the trust business, or in any other business in a manner requiring a charter, under this article 109 or in an unauthorized trust activity by:
(a) Acting in the scope of authority as an agent of a trust institution;
(b) Rendering a service customarily performed by an attorney or law firm in a
manner approved and authorized by the Colorado supreme court;
(c) Acting as trustee under a deed of trust delivered only as security for the
payment of money or for the performance of another act;
(d) Receiving and distributing rents and proceeds of sale as a licensed real
estate broker on behalf of a principal in a manner authorized by the real estate commission pursuant to article 10 of title 12;
(e) Engaging in a securities transaction or providing an investment advisory
service as a licensed and registered broker-dealer, investment advisor, or registered representative of an investment advisor, if the activity is regulated by the securities commissioner or the federal securities and exchange commission;
(f) Engaging in the sale and administration of an insurance product as an
insurance company or agent licensed by the division of insurance to the extent that the activity is regulated by the division of insurance;
(g) Acting as trustee for a public, private, or independent institution of higher
education or a university system, including an institution of higher education's or university system's affiliated foundations or corporations, with respect to endowment funds or other funds owned, controlled, provided to, or otherwise made available to such institution or system with respect to its educational or research purposes;
(h) Rendering services customarily performed by a certified public
accountant in a manner authorized by article 100 of title 12;
(i) If the company is a trust institution and is not otherwise prohibited from
engaging in a trust business in this state:
(I) Marketing or soliciting in this state through the mails, telephone, any
electronic means, or in person with respect to acting or proposing to act as a fiduciary outside of this state;
(II) Delivering money or other intangible assets and receiving the money or
other intangible assets from a client or other person in this state; or
(III) Accepting or executing outside of this state a trust of any client or
otherwise acting as a fiduciary outside of this state for any client.
Source: L. 2003: Entire article added with relocations, p. 1182, � 3, effective
July 1. L. 2019: IP(1), (1)(d), and (1)(h) amended, (HB 19-1172), ch. 136, p. 1661, � 65, effective October 1.
Editor's note: This section is similar to former � 11-23-103.3 as it existed prior
to 2003.
C.R.S. § 11-109-205
11-109-205. Transactions with affiliates. (1) Unless otherwise prohibited by law, a trust company and its affiliates may engage in any of the transactions described in subsection (2) of this section if such transactions are either:
(a) On terms and under circumstances, including credit standards, that are
substantially the same, or at least as favorable to such trust company or its subsidiary, as those prevailing at the time for comparable transactions with or involving nonaffiliated companies; or
(b) In the absence of comparable transactions, on terms and under
circumstances, including credit standards, that in good faith would be offered to, or would apply to, nonaffiliated companies.
(2) Transactions covered. Subsection (1) of this section shall apply to the
following:
(a) A purchase of, or an investment in, securities issued by the affiliate;
(b) A purchase of assets, including assets subject to an agreement to
repurchase, from the affiliate;
(c) The acceptance of securities issued by the affiliate as collateral security
for a loan or extension of credit to any person or company;
(d) The sale of securities or other assets to an affiliate, including assets
subject to an agreement to repurchase;
(e) The payment of money or the furnishing of services to an affiliate under
contract, lease, or otherwise;
(f) Any transaction in which an affiliate acts as an agent or broker or receives
a fee for its services for the trust company or for any other person; and
(g) Any transaction or series of transactions with a third party including
those in which an affiliate has a financial interest in the third party or is a participant in such transaction or series of transactions.
(3) (a) A company or shareholder shall be deemed to have control over
another company if such company or shareholder:
(I) Directly or indirectly, or acting through one or more other persons, owns,
controls, or has power to vote twenty-five percent or more of any class of voting securities of the other company; or
(II) Controls in any manner the election of a majority of the directors or
trustees of the other company.
(b) Notwithstanding any other provision of this section, no company shall be
deemed to own or control another company by virtue of its ownership or control of shares in a fiduciary capacity or if the company owning or controlling such shares is a business trust.
(4) The banking board may promulgate rules to exempt transactions or
relationships from the requirements of this section if the banking board finds such exemptions are in the public interest and consistent with the purposes of this section.
(5) As used in this section, unless the context otherwise requires:
(a) (I) Affiliate with respect to a trust company means:
(A) Any company that controls the trust company and any other company
that is controlled by the company that controls the trust company;
(B) Any company that is controlled, directly or indirectly, by a trust or
otherwise, by or for the benefit of shareholders who beneficially or otherwise control, directly or indirectly, by trust or otherwise, the trust company or any company that controls the trust company;
(C) Any company in which a majority of its directors or trustees constitute a
majority of the persons holding any such office with the trust company or any company that controls the trust company;
(D) Any company, including a real estate investment trust, that is sponsored
and advised on a contractual basis by the trust company or any subsidiary or affiliate of the trust company; and
(E) Any investment company with respect to which a trust company or any
affiliate thereof is an investment advisor as defined in 15 U.S.C. sec. 80a-2 (a)(20).
(II) Affiliate with respect to a trust company does not include:
(A) Any company that is a subsidiary of a trust company; and
(B) Any company engaged solely in holding the premises of the trust
company.
(b) Company means a corporation, partnership, business trust, association,
or similar organization and, unless specifically excluded, the term company includes a trust company and a bank.
(c) Securities shall have the same meaning as set forth in section 11-51-201
(17).
Source: L. 2003: Entire article added with relocations, p. 1183, � 3, effective
July 1.
Editor's note: This section is similar to former � 11-23-103.7 as it existed prior
to 2003.
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. § 11-109-907
11-109-907. Extensions of credit. (1) A trust company shall not make any loans or extensions of credit except as provided in subsection (2) of this section.
(2) A trust company may:
(a) Make a loan or extend credit to its officers, directors, and employees if
such loan or credit is adequately secured and does not involve more than the normal risk of default or present other unfavorable features. Any loan or extension of credit in excess of twenty-five thousand dollars shall be subject to prior approval by the banking board.
(b) Establish with one or more broker-dealers margin accounts in its name as
fiduciary or custodian for the benefit of the owners or beneficiaries of such accounts.
Source: L. 2003: Entire article added with relocations, p. 1206, � 3, effective
July 1. L. 2008: Entire section amended, p. 1502, � 3, effective May 28. L. 2013: (1) and IP(2) amended, (SB 13-154), ch. 282, p. 1485, � 58, effective July 1.
Editor's note: This section is similar to former � 11-23-114 as it existed prior to
2003.
C.R.S. § 11-110-301
11-110-301. Exemptions. (1) This article 110 does not apply to:
(a) An operator of a payment system to the extent that it provides
processing, clearing, or settlement services, between or among persons exempted by this section or licensees, in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearing house transfers, or similar money transfers;
(b) A person appointed as an agent of a payee to collect and process a
payment from a payer to the payee for goods or services, other than money transmission itself, provided to the payer by the payee, so long as:
(I) There exists a written agreement between the payee and the agent
directing the agent to collect and process payments from payers on the payee's behalf;
(II) The payee holds the agent out to the public as accepting payments for
goods or services on the payee's behalf; and
(III) Payment for the goods and services is treated as received by the payee
upon receipt by the agent so that the payer's obligation is extinguished and there is no risk of loss to the payer if the agent fails to remit the money to the payee;
(c) A person that acts as an intermediary by processing payments between
an entity that has directly incurred an outstanding money transmission obligation to a sender, and the sender's designated recipient, if the entity:
(I) Is properly licensed or exempt from licensing requirements under this
article 110;
(II) Provides a receipt, electronic record, or other written confirmation to the
sender identifying the entity as the provider of money transmission in the transaction; and
(III) Bears sole responsibility to satisfy the outstanding money transmission
obligation to the sender, including the obligation to make the sender whole in connection with any failure to transmit the money to the sender's designated recipient;
(d) The United States or a department, agency, or instrumentality of the
United States or its agent;
(e) Money transmission by the United States postal service or by an agent of
the United States postal service;
(f) A state, county, or city or any other governmental agency or
governmental subdivision or instrumentality of a state or its agent;
(g) A federally insured depository financial institution; a bank holding
company; an office of an international banking corporation; a foreign bank that establishes a federal branch pursuant to the federal International Bank Act, 12 U.S.C. sec. 3102, as amended; a corporation organized pursuant to the federal Bank Service Corporation Act, 12 U.S.C. secs. 1861 to 1867, as amended; a corporation organized under the Edge Act, 12 U.S.C. secs. 611 to 633, as amended; or an entity organized under the general banking, savings and loan, or credit union laws of this state, another state, or the United States;
(h) An electronic funds transfer of governmental benefits for a federal, state,
county, or governmental agency by a contractor on behalf of the United States or a department, agency, or instrumentality of the United States or on behalf of a state or governmental subdivision, agency, or instrumentality of a state;
(i) A board of trade designated as a contract market under the federal
Commodity Exchange Act, 7 U.S.C. secs. 1 to 25, as amended, or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to the extent of its operation as or for such a board;
(j) A registered futures commission merchant under federal commodities
laws to the extent of its operation as such a merchant;
(k) A person registered as a securities broker-dealer under federal or state
securities laws to the extent of the person's operation as such a broker-dealer;
(l) An individual employed by a licensee, an authorized delegate, or any
person exempted from the licensing requirements of this article 110 when acting within the scope of employment and under the supervision of the licensee, authorized delegate, or exempted person as an employee and not as an independent contractor;
(m) A person expressly appointed as a third-party service provider to or
agent of an entity exempt under subsection (1)(g) of this section, solely to the extent that:
(I) The service provider or agent is engaging in money transmission on behalf
of and pursuant to a written agreement with the exempt entity that sets forth the specific functions that the service provider or agent is to perform; and
(II) The exempt entity assumes all risk of loss and all legal responsibility for
satisfying the outstanding money transmission obligations owed to purchasers and holders of the outstanding money transmission obligations upon receipt of the purchaser's or holder's money or monetary value by the service provider or agent; or
(n) A person exempt by regulation or order if the banking board finds an
exemption to be in the public interest and that the regulation of such person is not necessary for the purposes of this article 110.
Source: L. 2025: Entire article R&RE, (HB 25-1201), ch. 91, p. 381, � 1,
effective August 6.
C.R.S. § 11-30-123
11-30-123. Taxation. A credit union shall be deemed an institution for savings and, together with all accumulations therein, shall not be subject to taxation except as to real estate owned. The shares of a credit union shall not be subject to a stock transfer tax when issued by the corporation or when transferred from one member to another.
Source: L. 31: p. 305, � 22. CSA: C. 47, � 22. L. 41: p. 378, � 22. CRS 53: � 38-1-23. C.R.S. 1963: � 38-1-23.
C.R.S. § 11-40-103
11-40-103. Savings and loan association defined. A savings and loan association, within the meaning of articles 40 to 46 of this title, is any domestic or foreign association or corporation formed, created, or organized to carry on the business of a savings and loan association, which is formed to encourage industry, thrift, home building, and saving among its members, by the accumulation of funds through the issuance and sale of its own shares, capital notes, or debentures, the acceptance of savings deposits, or any other manner permitted by the provisions of articles 40 to 46 of this title, the loaning or investment of the funds so accumulated to assist its members in acquiring real estate, in making improvements thereon, and in paying off existing encumbrances thereon, or for any other purposes or in any other manner permitted by the provisions of articles 40 to 46 of this title, and which accumulates funds to be returned to its members.
Source: L. 33: p. 284, � 2. CSA: C. 25, � 2. CRS 53: � 122-1-2. C.R.S. 1963: �
122-1-2. L. 69: p. 1013, � 1.
C.R.S. § 11-40-104
11-40-104. Fiscal year - closing dates - net earnings. (1) Each domestic savings and loan association shall have such fiscal year as may be fixed from time to time by resolution of its board of directors, but the fiscal years of all such associations shall be fixed so as to end as of the last day of a calendar month. Every domestic savings and loan association shall close its books at least once annually as of the close of business on the last day of its fiscal year and may close its books at such other time as may be fixed by resolution of its board of directors. Any reference in this section or elsewhere in articles 40 to 46 of this title to the closing date of an association means the date fixed for the closing of its books as provided in this section. The books and records of every association shall reflect all the accrued liabilities on the above dates.
(2) The net earnings of each period ending on a closing date fixed as
provided in this section shall be determined by deducting from gross income of such periods operating and nonoperating expenses and dividends and interest paid to shareholders or depositors. Expenses shall include:
(a) Charges for estimated depreciation and obsolescence of home office
building and furniture and fixtures, with contra credits to a depreciation reserve account;
(b) Charges for all losses actually sustained during such periods from the
sale of securities, real estate, or other assets or such portion of such losses as have not been charged to reserves pursuant to the provisions of section 11-42-111.
(3) The remaining balance of gross income thus arrived at is the association's
net income and shall be available for dividends on permanent stock or be credited to general reserve accounts or the undivided profits account in a manner as provided in section 11-42-111. Provision may be made for an undivided profits account not to exceed five percent of invested capital, unless an excess amount is approved by the commissioner.
(4) No income shall be considered as earned until collected; except that
interest due and unpaid may be accrued for a period of not more than six months and considered as earnings.
Source: L. 33: p. 356, � 12. CSA: C. 25, � 80. CRS 53: � 122-1-4. L. 55: p. 756,
� 2. C.R.S. 1963: � 122-1-4. L. 69: p. 1014, � 3. L. 73: p. 1236, �� 1, 2.
C.R.S. § 11-41-109
11-41-109. Certificate of approval - where articles filed. (1) If the commissioner finds affirmatively for the association upon all the matters set forth in section 11-41-107, the commissioner shall issue a certificate of approval in duplicate within sixty days after the finding, which certificate recites in substance the following:
(a) That the articles of incorporation and bylaws have been filed in the
commissioner's office;
(b) That said articles of incorporation and bylaws conform to the provisions
of the law;
(c) That the commissioner has approved the articles of incorporation and
bylaws.
(2) The commissioner shall attach one of the certificates to each copy of the
articles of incorporation, retain one copy of the articles of incorporation and bylaws in the commissioner's office, and return the other copy of the articles and bylaws, with the certificate of approval attached, to the association. Upon receipt of the articles of incorporation, the association shall file the articles of incorporation with the secretary of state, and certified copies of the articles of incorporation shall be filed by the association in the office of the county clerk and recorder of each county in this state in which the association may own real estate. The failure to file a certified copy in the office of the clerk and recorder of any county in this state does not affect the validity of the incorporation of any association that has made its filing with the secretary of state and has obtained a certificate of approval. In the event a true copy of the articles of incorporation is presented to the secretary of state with the request that the articles of incorporation be certified, the secretary of state shall certify the articles of incorporation for a fee in an amount that is determined and collected pursuant to section 24-21-104 (3). The certificate must contain, in addition to the usual statement, a statement that the attached copy is a true copy of the original articles of incorporation on file in the secretary of state's office and a statement as to the date of the filing of the articles of incorporation. When articles of incorporation or amendments to articles of incorporation have been filed in the office of the secretary of state, the secretary of state shall record and carefully preserve them in the secretary of state's office, and a copy of the articles of incorporation or amendments, duly certified by the secretary of state under the great seal of the state of Colorado, is evidence of the existence of the association and prima facie evidence of the contents of the articles of incorporation or amendments.
(3) The secretary of state shall charge for the filing of documents for
savings and loan associations the same fees that are charged for corporations with like capital stock, as prescribed in the Colorado Corporation Code, and such fees shall be deposited in the department of state cash fund created in section 24-21-104 (3), C.R.S.
Source: L. 33: p. 293, � 8. CSA: C. 25, � 11. CRS 53: � 122-2-9. C.R.S. 1963: �
122-2-9. L. 67: p. 492, � 1. L. 83: (2) and (3) amended, p. 876, � 41, effective July 1. L. 2024: IP(1), (1)(a), (1)(c), and (2) amended, (HB 24-1381), ch. 350, p. 2369, � 21, effective August 7.
Editor's note: The Colorado Corporation Code, articles 1 to 10 of title 7,
referred to in subsection (3) was repealed, effective July 1, 1994, and was replaced on that date by the Colorado Business Corporation Act, articles 101 to 117 of title 7.
Cross references: For fees for filing documents under the Colorado
Business Corporation Act, see part 2 of article 101 of title 7.
C.R.S. § 11-41-112
11-41-112. Powers of savings and loan associations. (1) Savings and loan associations have the following powers:
(a) To have succession of its corporate name;
(b) As to all associations incorporated prior to June 8, 1933, to have
existence for the period named in their articles of incorporation and, on the termination of such period, perpetually if so provided in the extension;
(c) As to all associations incorporated under articles 40 to 46 of this title, to
have existence perpetually;
(d) To sue and be sued in any court of law or equity;
(e) To have a corporate seal and to alter the same and use the same by
causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise;
(f) To appoint such officers and agents as the business of the association
shall require and allow them reasonable compensation;
(g) To make bylaws, not inconsistent with the constitution or laws of the
United States or of this state or the provisions of articles 40 to 46 of this title, and alter the same at pleasure, and make all needed rules and regulations for the transaction of its business and the control of its property and affairs, if a certified copy of same has been filed with the commissioner. The bylaws of an association may be amended either by the stockholders or shareholders at their annual meeting or by the board of directors of an association at any regular meeting of the board of directors; but no change in the bylaws shall take effect until approved by the commissioner.
(h) To acquire, hold, mortgage, and convey all such real estate and personal
property as may be transferred to it in the operation of its business;
(i) To levy, assess, and collect from its shareholders such sums of money by
way of installment dues and interest on loans as the association may provide in its bylaws;
(j) To issue and sell shares as provided in sections 11-42-101 to 11-42-106 or,
in the case of deposit associations operated under the provisions of section 11-42-125, to accept savings deposits as provided by such section;
(k) To redeem its shares and repay the funds acquired thereby with such
earnings as the same may be entitled according to the terms of the issue thereof if the same are no longer required for the purposes of the association;
(l) To act as a trustee, custodian, or manager, or in any other fiduciary
capacity to the same extent authorized and permitted by the laws and regulations applicable to federal savings and loan associations in Colorado, and, upon specific approval by the commissioner, to act as the trustee, custodian, or manager of any trust created or organized in the United States and forming a part of a stock bonus, pension, profit-sharing, or retirement plan that is qualified for specific tax treatment under the federal Self-Employed Individuals Tax Retirement Act of 1962, 26 U.S.C. sec. 401 et seq., as amended or supplemented, or under any other act of congress enacted after June 2, 1971, as a substitute or replacement for the federal Self-Employed Individuals Tax Retirement Act of 1962 or under the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. sec. 1001 et seq., as amended or supplemented. The association managing funds of any such plan, trust, or fund has, to the extent applicable to federal savings and loan associations in Colorado, all of the rights, powers, privileges, and immunities and is subject to the same obligations and duties as an individual fiduciary under like circumstances with power to make investments. All funds held in such fiduciary capacity by any association may be commingled for appropriate purposes of investment, but individual records shall be kept by the fiduciary for each participant and must show in proper detail all transactions engaged in under the authority of this subsection (1)(l). An association acting as a trustee may control accounts in or securities of an association pursuant to the exercise of its authority as a trustee. The exercise by an association of any authority vested in it does not affect any other authority of the association.
(m) To establish, subject to the regulations of the federal treasury
department, a tax and loan account and serve as a depository for federal taxes or as a treasury tax and loan depository, and to satisfy any associated requirement;
(n) To provide in its articles of incorporation for the elimination or limitation
of the personal liability of a director to the corporation or to its stockholders for monetary damages for breach of fiduciary duty as a director; except that such provision shall not eliminate or limit the liability of a director to the corporation or to its shareholders for monetary damages for: Any breach of the director's duty of loyalty to the corporation or its stockholders; acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; or any transaction from which the director derived an improper personal benefit. No such provision shall eliminate or limit the liability of a director to the corporation or to its shareholders for monetary damages for any act or omission occurring prior to the date when such provision becomes effective.
(o) Pursuant to federal law or under such rules and regulations as may be
prescribed by the financial services board and subject to regulations promulgated by the commissioner of insurance concerning the sale of insurance by savings and loan associations as provided in section 10-2-601, C.R.S., to act as the agent, through the savings and loan association or any service corporation thereof, for any fire, life, or other insurance company authorized to do business in this state by soliciting and selling insurance and collecting premiums on policies issued by such company. For services so rendered, such savings and loan association or service corporation of such savings and loan association may receive such fees or commissions as may be agreed upon between such entity and the insurance company for which it may act as agent.
Source: L. 33: p. 295, � 11(1)-(11). CSA: C. 25, � 14. CRS 53: � 122-2-12. C.R.S.
1963: � 122-2-12. L. 69: p. 1014, � 5. L. 71: p. 1145, � 1. L. 79: (1)(m) added, p. 430, � 3, effective June 19. L. 81: (1)(l) amended, p. 622, � 1, effective May 18. L. 87: (1)(n) added, p. 368, � 6, effective May 20. L. 97: (1)(o) added, p. 432, � 9, effective April 24. L. 2004: (1)(l) and (1)(m) amended, p. 135, � 13, effective July 1. L. 2024: (1)(l) and (1)(m) amended, (HB 24-1381), ch. 350, p. 2390, � 61, effective August 7.
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. § 11-41-115
11-41-115. Interest rates on loans. (1) Any savings and loan association may charge, contract for, and recover such rate of interest as may be provided in the notes or other evidences of indebtedness taken by the association. Notes secured solely by the pledge of shares and notes secured by real estate mortgages repayable upon the sinking fund plan shall be nonnegotiable in form, and all other notes, including those insured by the federal housing administrator and those taken in connection with loans to veterans under the provisions of the Servicemen's Readjustment Act of 1944, may be either negotiable or nonnegotiable in form.
(2) A substantial portion of the business of all associations shall be devoted
to the acceptance of savings deposits from or the sale of their shares to their members and the lending of those funds to their members as set forth in section 11-40-103 and otherwise in articles 40 to 46 of this title, but associations may also purchase loans of a type which they are permitted to make and sell loans with or without recourse so long as such purchase or sale of loans is conducted as a part of and in connection with the other permitted business activities of an association.
(3) Each mortgage loan sold by an association may be sold with or without
recourse and, if under a contract to service the same, shall be sold on a basis which will reimburse the association adequately for the cost of such servicing. All sale and servicing agreements shall be in writing and on file in the association.
(4) No interest that may accrue to an association shall be deemed usurious,
and the same may be collected as debts of like amount are now by law collected in this state.
(5) No law of this state limiting interest or interest rates or the compounding
of interest shall apply to any graduated payment mortgage or deed of trust made to individuals, or any mortgage or deed of trust to individuals where periodic disbursement of part of the loan proceeds is made by an association over a period of time as established by the mortgage or deed of trust, or over an expressed period of time ending with the death of such individuals, including but not limited to mortgages or deeds of trust having provisions for adding deferred interest to principal or otherwise providing for the charging of interest on interest.
Source: L. 33: p. 305, � 11. CSA: C. 25, � 14. L. 45: p. 239, � 2. CRS 53: � 122-2-15. C.R.S. 1963: � 122-2-15. L. 71: p. 1146, � 4. L. 79: (5) added, p. 431, � 5, effective
June 19. L. 83: (3) amended, p. 493, � 2, effective July 1. L. 94: (3) amended, p. 66, � 8, effective July 1.
Cross references: For the Servicemen's Readjustment Act of 1944, see
Pub.L. 78-346, codified at 38 U.S.C. � 1801 et seq.
C.R.S. § 11-41-119
11-41-119. Loans to members and other loans. (1) An association may invest any portion of its funds in loans to its members, secured by first lien trust deeds or mortgages upon improved real estate; except that additional loans or advances on the same property secured by additional encumbrances shall be deemed to be first liens for the purposes of articles 40 to 46 of this title, unless an intervening lien has been recorded, and upon the shares issued by such association, or upon both such securities; and except that, only in the case of an association not subject to regulation by the federal deposit insurance corporation or its successor, no one loan can be made in excess of five percent of the gross assets of the association at the close of the preceding month, nor in any event shall the total of loans in excess of fifty thousand dollars exceed twenty percent of the gross assets of the association at the close of the preceding month.
(2) An association may make loans on the security of its shares if the
association obtains a first lien upon, or a pledge of, such account as security therefor. No such loan may exceed the withdrawal or repurchase value of the account securing the loan, and no such loan shall be made when there is an impairment of invested share capital or when the association has any application for withdrawal which has been on file and unpaid more than thirty days. Upon any default of such loan, the association may, after giving ten days' written notice to the last address of the owner of such account appearing on the books of the association, cancel such account, to the extent and in the amount sufficient to repay said loan and accrued interest thereon. The commissioner may prescribe such regulations concerning such certificate share loans as may be necessary.
(3) An association may make real estate loans, secured by encumbrances
provided for in subsection (1) of this section, repayable upon the following plans:
(a) (I) Installment loans. Loans may be made or purchased for an amount not
in excess of ninety-five percent of the appraised value of the tendered security, repayable within forty years in consecutive monthly, quarterly, or annual installments, equal or unequal. Lump-sum payments may be required in the initial contract. The provisions and limitations of this paragraph (a) shall not apply if authority is otherwise permitted by federal law, rule, or regulation.
(II) The initial contract may provide for changes in the interest rate based
upon an index agreed to by the borrower and the association. Such provision shall specify that changes in the index shall apply equally to increases or decreases in the interest rate. Decreases shall be mandatory and increases may be at the option of the association. Interest changes may be implemented through changes in the installment amount or the rate of amortization, or any combination thereof, as provided in the initial contract. The installment amount may not be increased more often than at the end of any consecutive twelve-month period of the loan term, and shall be sufficient to amortize the remaining principal balance within forty years from the initial date of the loan.
(b) Loans without amortization. Loans of any type that an association may
make on an installment basis may also be made without amortization of principal; but interest shall be payable at least annually, and any such loan may be made for an amount not in excess of eighty percent of the appraised value of the property and for a term of not more than twenty years. The aggregate amount of such loans shall not, at any time, exceed an amount equal to twenty percent of the association's gross assets. In no case may an association provide a loan or loans under this subsection (3) to any one borrower which exceeds five percent of the association's gross assets.
(c) Construction loans. Loans may be made without full amortization of
principal if made for the purpose of construction; but any such loan may be made for an amount not in excess of ninety percent of the appraised value of the property, excluding cost of land, and for a term of not more than one year.
(d) Sinking fund loans. Loans made under this plan shall be repayable by
crediting to such loans the certificate value of pledged savings shares. Such borrowing members shall be required to carry such monthly periodical savings shares with the association as shall have a par value equal to the loan, and every share issued shall be subject to a lien for any advance made thereon or other lawful claims against the holder, and the payments on such pledged shares shall not be less than thirty-five cents per share per month. At the beginning of foreclosure of any mortgage or trust deed to an association securing such sinking fund loans, credit shall be allowed on the mortgage indebtedness for the value of any pledged shares held by the association as collateral for the loan, and the shares shall be canceled at the conclusion of the foreclosure proceedings.
(e) Insured or guaranteed loans. An association may make such loans as may
be insured or guaranteed by an agency of the federal or state government in such amounts and upon such terms as may be provided by the statutes and regulations affecting such loans, and the proviso in paragraph (a) of this subsection (3) shall not apply to such insured or guaranteed loans.
(4) Other loans. Any association operating under articles 40 to 46 of this
title, notwithstanding anything to the contrary contained therein, may make any type or kind of loan and for any purpose that a federal savings and loan association at any time may be authorized to make by any law, rule, regulation, decision, or order which is or may be applicable to federal savings and loan associations. The commissioner, by rule or regulation duly adopted and applicable to all associations, may also authorize all associations organized and operating under articles 40 to 46 of this title to make any investment, in addition to those expressly permitted by said articles 40 to 46, which federal savings and loan associations are authorized to make by any laws, rules, regulations, decisions, or orders applicable to such federal savings and loan associations; but any rule or regulation adopted by the commissioner granting other investment authority shall, to the extent found by the commissioner to be applicable, be subject to the same limitations, restrictions, prohibitions, conditions, and provisions as are applicable in the case of federal savings and loan associations. association.
(5) (a) A loan secured by a first-lien trust deed or mortgage upon improved
real estate shall not be made until:
(I) A signed application for the loan has been submitted;
(II) A signed appraisal has been submitted; and
(III) The loan has been approved by the board of directors or by a committee
authorized by the board of directors.
(b) Appraisals may be made by any two of the association's directors,
officers, employees, or attorneys or by an independent appraiser who is not a director, officer, employee, or attorney of the association; except that an officer, a director, an employee, or an attorney shall not act as an appraiser or act on any committee approving a loan if the officer, director, employee, or attorney has an interest in either the property tendered as security or the sale of the property.
(c) Upon the closing of the loan, the association shall furnish to each
borrower a loan settlement statement that indicates in detail the charges or fees the borrower has paid or obligated the borrower to pay to the association or to any other person in connection with the loan, and the association shall retain a copy of the statement.
(6) Every real estate loan shall be evidenced by a proper instrument in
writing obligating the borrower to repay the full amount of the loan and shall be secured by a mortgage or deed of trust constituting a first lien upon real estate securing the loan or, if an additional advance, by a deed of trust or mortgage properly providing for such additional advance. An encumbrance shall provide specifically for full protection to the association with respect to usual insurance risks, taxes, special assessments, other governmental levies, and maintenance and repairs and may provide for an assignment of rents and the appointment of a receiver upon any default.
(7) An association may pay taxes, special assessments, insurance premiums,
repairs, and other charges for the protection of the real estate security. All such payments may be charged to a special account or may be added to the unpaid principal balance of the loan and shall be equally secured by the first lien on the real property. An association may require life insurance to be assigned as additional security upon any real estate loan; in such event, the association shall obtain a first lien upon such policy and may advance premiums thereon, and such premium advances may be added to the unpaid principal of the loan and shall be equally secured by the first lien on the security property.
(8) An association may require the borrower to pay monthly in advance, in
addition to interest or interest and principal payments, a prorated portion of the estimated annual taxes, assessments, insurance premiums, and other charges upon the real estate securing the loan, or any of such charges, so as to enable the association to pay such charges as they become due from the funds so received. The amount of such monthly charges may be adjusted by the association as the need therefor arises. Every association shall keep an accurate record of the status of taxes, assessments, insurance premiums, and other charges on all real estate securing its loans and on all real and other property owned by it.
(9) Payment on the principal indebtedness of all loans on real estate security
shall be applied directly to the reduction of such indebtedness. Payments on all monthly installment loans, other than construction loans, insured loans, and guaranteed loans, shall begin not later than sixty days after the date of the note. Insured loans and guaranteed loans may be repayable upon terms acceptable to the insuring or guaranteeing agency. An association may charge, for the privilege of prepayment in part or in full of a loan relating to an owner-occupied single family residence, if the original contract so provides, an amount not greater than ninety days' interest on the amount prepaid. An association may charge, for the privilege of prepayment in part or in full for any loan not otherwise specifically provided for in this subsection (9), an amount specified in the original contract. Any loan contract may be modified by the parties by written agreement and within the limitations of this section as the need therefor may arise.
(10) An association may make additional advances secured by the original
encumbrance if the original loan contract makes proper provision therefor.
(11) An association may purchase loans of any type that it may make, and it
may also purchase insured or guaranteed loans made on homes wherever located; but no loan may be purchased from an affiliated company or an officer, director, employee, or attorney of the association without prior approval of the board of directors.
(12) If additional collateral is encumbered on any loan as additional security,
an association may invest in said loan for an amount in excess of the percentage provided in paragraph (c) of subsection (3) of this section. Said association may accept as such additional collateral any security it is authorized to invest in as set forth in section 11-41-114; but such encumbered additional security shall not increase the maximum percentage of said loan beyond the actual value of such additional security.
(13) An association may lend on the security of a first security interest on
stock or a membership certificate issued to a tenant-stockholder or resident-member by a cooperative housing corporation organized under article 33.5 of title 38, C.R.S., and as defined by section 216 of the federal Internal Revenue Code of 1986, as amended, and the assignment by way of security of the borrower's interest in the proprietary lease or right of tenancy in property covered by such cooperative housing corporation, if all of the real property owned by such corporation is located within the state and if such loan is made subject to the same limitations, restrictions, prohibitions, conditions, and provisions as are applicable in the case of federal savings and loan associations.
Source: L. 39: p. 245, � 18. CSA: C. 25, � 14(3). CRS 53: � 122-2-19. L. 55: p.
757, � 3. L. 61: p. 649, � 1. C.R.S. 1963: � 122-2-19. L. 65: p. 970, � 1. L. 69: p. 1015, � 8. L. 75: (4) amended, p. 373, � 2, effective June 26. L. 77: (3)(a) and (4) amended, p. 570, �� 4, 5, effective July 1. L. 80: (13) added, p. 706, � 3, effective July 1. L. 81: (3)(a) and (3)(b) amended, p. 625, � 1, effective May 26. L. 83: (9) amended, p. 500, � 1, effective April 29. L. 2000: (13) amended, p. 1841, � 13, effective August 2. L. 2004: (1) amended, p. 149, � 55, effective July 1. L. 2024: (5) amended, (HB 24-1381), ch. 350, p. 2370, � 25, effective August 7.
Cross references: For the Internal Revenue Code of 1986, see title 26 of
the United States Code.
C.R.S. § 11-41-131
11-41-131. Dissolution. (1) A domestic association may elect to abandon its certificate of authority, liquidate its affairs, and dissolve as provided in this section. The affirmative vote of at least a majority of the board of directors must be cast in favor of a proposed dissolution at a special meeting of the board. A certified copy of the vote must be furnished to the commissioner, who shall promptly examine the association, and, if the commissioner determines that the association is solvent and that it is in the best interests of the members that liquidation be accomplished according to this section, the commissioner shall certify the commissioner's approval of the liquidation. After the commissioner's approval, a special meeting of all members entitled to vote shall be called pursuant to section 11-41-123. If a majority vote of all such members of the association is cast in favor of the proposal to liquidate and ultimately dissolve the association under this section, the proposal is deemed adopted. A certified copy of all proceedings taken prior to and at the meeting shall be filed with the commissioner, who shall determine whether the proceedings have been conducted in accordance with law. If the commissioner finds that the proceedings are legal and proper, the commissioner shall certify the commissioner's approval of the proceedings and authorize the association to proceed with the liquidation in the manner provided in this section.
(2) The board of directors shall act as trustees for liquidation, and shall
proceed as speedily as may be practical to wind up the affairs of the association, and, to the extent necessary, shall exercise all the powers granted by articles 40 to 46 of this title to active associations and to the commissioner in the case of departmental liquidation, and, without prejudice to the generality of such authority, may carry out executory contracts, enter into new contracts, borrow money, mortgage or pledge property, sell assets at public or private sale, make and receive conveyances in the corporate name, lease real estate, settle or compromise claims, commence and prosecute all actions and proceedings necessary to enable liquidation, distribute assets either in cash or in kind among members according to their respective rights, after paying or adequately providing for the payment of liabilities, and do and perform all acts necessary or expedient to the winding up of the association. The board of directors has power to exchange or otherwise dispose of or place in trust all or any part of the assets upon such terms and conditions and for such considerations as may be deemed reasonable or expedient and may distribute such considerations among the members in proportion to their interest therein. In the absence of fraud, any determination of value made by said board of directors for any such purpose shall be conclusive.
(3) During the liquidation of its assets, an association is subject to the
supervision of the commissioner and shall pay the fees and assessments required in articles 40 to 46 of this title 11 in the case of active associations and shall report the progress of the liquidation to the commissioner as the commissioner may require. Upon completion of liquidation, a final report and accounting of the affairs of the association shall be made to the commissioner. Upon the approval of the report by the commissioner, the board of directors, without the necessity of further action by the members of the association, shall proceed to dissolve the association in the manner provided by law in the case of general corporations.
(4) Nothing in this section prejudices the right of the commissioner to take
possession of any association under the authority vested in the commissioner by section 11-44-110, upon determining that the procedure is in the best interest of the members.
Source: L. 39: p. 260, � 35. CSA: C. 25, � 98. CRS 53: � 122-2-31. C.R.S. 1963:
� 122-2-31. L. 2024: (1), (3), and (4) amended, (HB 24-1381), ch. 350, p. 2376, � 33, effective August 7.
C.R.S. § 11-42-101
11-42-101. Investment and savings shares. (1) Every association may issue and sell an unlimited number of shares of the following types, as described in this section:
(a) Investment shares are shares on which the full payment has been made
and on which dividends shall be paid in cash.
(b) Savings shares are shares on which an initial payment has been made,
and upon which further payments are to be made at such times and in such amounts as are optional with the member, and on which dividends shall be credited unless otherwise agreed that all or part shall be paid in cash.
(c) Short-term savings shares are shares which are to be withdrawn in less
than twenty-four months from the date on which such share account is opened, or a share account established for the purpose of accumulating funds to pay taxes or insurance premiums, or both, in connection with a loan on the security of a lien on real estate. No association shall be required to distribute earnings on short-term savings shares.
Source: L. 33: pp. 312-317, �� 1-6. CSA: C. 25, � 19. L. 39: p. 248, � 19. L. 43: p.
202, � 4. CRS 53: � 122-3-1. L. 55: p. 761, � 5. L. 59: p. 659, � 2. C.R.S. 1963: � 122-3-1.
C.R.S. § 11-42-120
11-42-120. Shares or account not withdrawable. No member whose shares are pledged or whose account is pledged as security for a real estate loan from the association issuing such shares or accepting such account shall be permitted to make a withdrawal or be entitled to give any valid notice of intention to withdraw in respect of such shares or account until the indebtedness for which such shares are pledged or for which such account is pledged as security has been fully paid; except that withdrawals may be made without notice if the full amount of such withdrawals is used to pay such indebtedness or any part thereof.
Source: L. 33: p. 320, � 4. CSA: C. 25, � 30. CRS 53: � 122-3-20. C.R.S. 1963:
� 122-3-20. L. 83: Entire section amended, p. 502, � 4, effective May 23.
C.R.S. § 11-50-102
11-50-102. Definitions. As used in this article, unless the context otherwise requires:
(1) Adult means an individual who has attained the age of twenty-one
years.
(2) Benefit plan means an employer's plan for the benefit of an employee
or partner.
(3) Broker means a person lawfully engaged in the business of effecting
transactions in securities or commodities for the person's own account or for the account of others.
(4) Conservator means a person appointed or qualified by a court to act as
general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions.
(5) Court means the district or probate court which would have jurisdiction
of the minor's estate, if he had property other than custodial property, as provided in section 15-14-108 (1), C.R.S.
(6) Custodial property means:
(a) Any interest in property transferred to a custodian under this article; and
(b) The income from and proceeds of that interest in property.
(7) Custodian means a person so designated under section 11-50-110 or a
successor or substitute custodian designated under section 11-50-119.
(8) Financial institution means a bank, trust company, savings institution,
or credit union, chartered and supervised under state or federal law.
(9) Legal representative means an individual's personal representative or
conservator.
(10) Member of the minor's family means the minor's parent, stepparent,
spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.
(11) Minor means an individual who has not attained the age of twenty-one
years.
(12) Person means an individual, corporation, organization, or other legal
entity.
(13) Personal representative means an executor, administrator, successor
personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions.
(13.5) Qualified minor's trust means a trust, including a trust created by a
custodian, of which a minor is the sole current beneficiary and that satisfies the requirements of section 2503 (c) of the federal Internal Revenue Code of 1986 and the regulations implementing that section.
(14) State includes any state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
(15) Transfer means a transaction that creates custodial property under
section 11-50-110.
(16) Transferor means a person who makes a transfer under this article.
(17) Trust company means a financial institution, corporation, or other legal
entity, authorized to exercise general trust powers.
Source: L. 84: Entire article R&RE, p. 383, � 1, effective July 1. L. 2000: (5)
amended, p. 1832, � 2, effective January 1, 2001. L. 2007: (13.5) added, p. 126, � 2, effective July 1.
Editor's note: This section is similar to former � 11-50-102 as it existed prior
to 1984.
C.R.S. § 11-50-110
11-50-110. Manner of creating custodial property and effecting transfer - designation of initial custodian - control. (1) Custodial property is created and a transfer is made whenever:
(a) An uncertificated security or a certificated security in registered form is
either:
(I) Registered in the name of the transferor, an adult other than the
transferor, or a trust company, followed in substance by the words: as custodian for (name of minor) under the 'Colorado Uniform Transfers to Minors Act'; or
(II) Delivered if in certificated form, or any document necessary for the
transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (2) of this section;
(b) Money is paid or delivered to a broker or financial institution for credit to
an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: as custodian for (name of minor) under the 'Colorado Uniform Transfers to Minors Act';
(c) The ownership of a life or endowment insurance policy or annuity
contract is either:
(I) Registered with the issuer in the name of the transferor, an adult other
than the transferor, or a trust company, followed in substance by the words: as custodian for (name of minor) under the 'Colorado Uniform Transfers to Minors Act'; or
(II) Assigned in a writing delivered to an adult other than the transferor or to
a trust company whose name in the assignment is followed in substance by the words: as custodian for (name of minor) under the 'Colorado Uniform Transfers to Minors Act';
(d) An irrevocable exercise of a power of appointment or an irrevocable
present right to future payment under a contract is the subject of a written notification delivered to the payer, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: as custodian for (name of minor) under the 'Colorado Uniform Transfers to Minors Act';
(e) An interest in real property is recorded in the name of the transferor, an
adult other than the transferor, or a trust company, followed in substance by the words: as custodian for (name of minor) under the 'Colorado Uniform Transfers to Minors Act';
(f) A certificate of title issued by a department or agency of a state or of the
United States which evidences title to tangible personal property is either:
(I) Issued in the name of the transferor, an adult other than the transferor, or
a trust company, followed in substance by the words: as custodian for (name of minor) under the 'Colorado Uniform Transfers to Minors Act'; or
(II) Delivered to an adult other than the transferor or to a trust company,
endorsed to that person, followed in substance by the words: as custodian for
(name of minor) under the 'Colorado Uniform Transfers to Minors Act'; or
(g) An interest in any property not described in paragraphs (a) to (f) of this
subsection (1) is transferred to an adult other than the transferor or to a trust company by written instrument in substantially the form set forth in subsection (2) of this section.
(2) An instrument in the following form satisfies the requirements of
paragraphs (a)(II) and (g) of subsection (1) of this section:
TRANSFER UNDER THE COLORADO UNIFORM
TRANSFERS TO MINORS ACT
I, (name of transferor or name and representative capacity if a
fiduciary) hereby transfer to (name of custodian), as custodian for (name of minor) under the Colorado Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it).
Date: _____
(Signature)
(name of custodian) acknowledges receipt of the property described
above as custodian for the minor named above under the Colorado Uniform Transfers to Minors Act.
Dated: ____
(Signature of Custodian)
(3) A transferor shall place the custodian in control of the custodial property
as soon as practicable.
Source: L. 84: Entire article R&RE, p. 386, � 1, effective July 1.
Editor's note: This section is similar to former � 11-50-103 as it existed prior
to 1984.
C.R.S. § 11-51-1002
11-51-1002. Definitions. As used in this part 10, unless the context otherwise requires:
(1) Broker-dealer has the same meaning as in section 11-51-201 (2).
(2) Eligible adult means:
(a) A person seventy years of age or older; or
(b) An individual eighteen years of age or older who is susceptible to
mistreatment or self-neglect because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare, or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs.
(3) Financial exploitation means an act or omission committed by a person
who:
(a) Uses deception, harassment, intimidation, or undue influence to
permanently or temporarily deprive an eligible adult of the use, benefit, or possession of any thing of value;
(b) Employs the services of a third party for the profit or advantage of the
person or another person to the detriment of the eligible adult;
(c) Forces, compels, coerces, or entices an eligible adult to perform services
for the profit or advantage of the person or another person against the will of the eligible adult; or
(d) Misuses the property of an eligible adult in a manner that adversely
affects the eligible adult's ability to receive health care or health-care benefits or to pay bills for basic needs or obligations.
(4) Investment adviser has the same meaning as in section 11-51-201 (9.5).
(5) Investment adviser representative has the same meaning as in section
11-51-201 (9.6).
(6) Qualified individual means any sales representative, investment adviser
representative, or person who serves in a supervisory, compliance, or senior investor protection capacity for a broker-dealer or investment adviser.
(7) Sales representative has the same meaning as in section 11-51-201 (14).
Source: L. 2017: Entire part added, (HB 17-1253), ch. 289, p. 1604, � 2,
effective July 1.
C.R.S. § 11-51-1003
11-51-1003. Governmental disclosures - immunity. (1) If a qualified individual, while acting within the scope of employment, reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or may be or is being attempted, the broker-dealer or investment adviser shall promptly notify the commissioner of securities appointed pursuant to section 11-51-701. The securities commissioner shall forward a copy of the report within one business day to local law enforcement and to the county department of human or social services handling adult protective services.
(2) A qualified individual who, in good faith and exercising reasonable care,
makes a disclosure of information pursuant to this section is immune from administrative or civil liability that might otherwise arise from the disclosure or for any failure to notify the customer of the disclosure.
Source: L. 2017: Entire part added, (HB 17-1253), ch. 289, p. 1605, � 2,
effective July 1.
C.R.S. § 11-51-1005
11-51-1005. Delaying disbursements - immunity. (1) A broker-dealer or investment adviser may delay a disbursement from an account of an eligible adult, or an account on which an eligible adult is a beneficiary, if:
(a) The broker-dealer or investment adviser, reasonably believes, after
initiating an internal review of the requested disbursement and the suspected financial exploitation, that the requested disbursement may result in financial exploitation of an eligible adult; and
(b) The broker-dealer or investment adviser:
(I) Immediately, but in no event more than two business days after the
requested disbursement, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless any such party is reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult;
(II) Immediately, but in no event more than two business days after the
requested disbursement, notifies the reporting agencies; and
(III) Continues its internal review of the suspected or attempted financial
exploitation of the eligible adult, as necessary, and reports the review's results to the commissioner within seven business days after the requested disbursement.
(2) Any delay of a disbursement as authorized by this section expires upon
the sooner of:
(a) A determination by the broker-dealer or investment adviser that the
disbursement will not result in financial exploitation of the eligible adult; or
(b) Fifteen business days after the date on which the broker-dealer or
investment adviser first delayed disbursement of the funds, unless the commissioner requests that the broker-dealer or investment adviser extend the delay. If a delay is requested, the delay expires no more than twenty-five business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds unless sooner terminated or extended by the commissioner or an order of a court of competent jurisdiction.
(3) A court of competent jurisdiction may also enter an order extending the
delay of the disbursement of funds or may order other protective relief based on the petition of the commissioner of securities, protective services for eligible adults, the broker-dealer or investment adviser that initiated the delay under this section, or other interested party.
(4) A broker-dealer or investment adviser who, in good faith and exercising
reasonable care, complies with this section is immune from any administrative or civil liability that might otherwise arise from the delay in a disbursement in accordance with this section.
Source: L. 2017: Entire part added, (HB 17-1253), ch. 289, p. 1606, � 2,
effective July 1.
C.R.S. § 11-51-1007
11-51-1007. Records. A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to agencies charged with administering state adult protective services laws and to law enforcement, either as part of a referral to the agency or to law enforcement, or upon request of the agency or law enforcement pursuant to an investigation. The records may include historical records as well as records relating to the most recent transaction or transactions that may comprise financial exploitation of an eligible adult. All records made available to agencies under this section are not public records as defined in part 2 of article 72 of title 24. Nothing in this section limits or otherwise impedes the authority of the state securities commissioner to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law.
Source: L. 2017: Entire part added, (HB 17-1253), ch. 289, p. 1607, � 2,
effective July 1.
C.R.S. § 11-51-201
11-51-201. Definitions. As used in this article, unless the context otherwise requires:
(1) Bank means a banking institution organized under the laws of the
United States, a member bank of the federal reserve system, any other banking institution or trust company, whether incorporated or not, doing business under the laws of any state or of the United States, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to national banks under the authority of the comptroller of the currency, which is supervised and examined by a state or federal authority having supervision over banks, and which is not operated for the purpose of evading the provisions of the federal Securities Act of 1933, and a receiver, conservator, or other liquidating agent of any institution or firm described in this subsection (1).
(2) Broker-dealer means a person engaged in the business of effecting
purchases or sales of securities for the accounts of others or in the business of purchasing and selling securities for the person's own account. The term does not include the following:
(a) A sales representative;
(b) An issuer with respect to purchasing and selling the issuer's own
securities;
(c) A bank; or
(d) Any other person or class of persons the securities commissioner
designates by rule or order.
(3) Central registration depository means the computer registration
system known as the central registration depository, which is maintained by the financial industry regulatory authority and the states that participate in that system, or any successor system.
(4) Commodity futures trading commission means the commission
established by the federal Commodity Exchange Act.
(5) Depository institution means:
(a) A person that is organized or chartered, or is doing business or holds an
authorization certificate, under the laws of a state or of the United States which authorize the person to receive deposits, including deposits in savings, share, certificate, or other deposit accounts, and that is supervised and examined for the protection of depositors by an official or agency of a state or the United States; and
(b) A trust company or other institution that is authorized by federal or state
law to exercise fiduciary powers of the type a national bank is permitted to exercise under the authority of the comptroller of the currency and is supervised and examined by an official or agency of a state or the United States. The term does not include an insurance company or other organization primarily engaged in the insurance business.
(5.5) (a) Federal covered adviser means a person who is registered or
required to be registered under section 203 of the federal Investment Advisers Act of 1940.
(b) Federal covered adviser does not include either a person excepted from
the definition of investment adviser or exempt from registration under the federal Investment Advisers Act of 1940 solely by reason of the fact such person advises a local government investment pool trust fund under article 75 of title 24, C.R.S.
(6) Financial or institutional investor means any of the following, whether
acting for itself or others in a fiduciary capacity:
(a) A depository institution;
(b) An insurance company;
(c) A separate account of an insurance company;
(d) An investment company registered under the federal Investment
Company Act of 1940;
(e) A business development company as defined in the federal Investment
Company Act of 1940;
(f) Any private business development company as defined in the federal
Investment Advisers Act of 1940;
(g) An employee pension, profit-sharing, or benefit plan if the plan has total
assets in excess of five million dollars or its investment decisions are made by a named fiduciary, as defined in the federal Employee Retirement Income Security Act of 1974, that is a broker-dealer registered under the federal Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the federal Investment Advisers Act of 1940, a depository institution, or an insurance company;
(h) An entity, but not an individual, a substantial part of whose business
activities consist of investing, purchasing, selling, or trading in securities of more than one issuer and not of its own issue and that has total assets in excess of five million dollars as of the end of its latest fiscal year;
(i) A small business investment company licensed by the federal small
business administration under the federal Small Business Investment Act of 1958; and
(j) Any other institutional buyer.
(7) Fraud, deceit, and defraud are not limited to common-law deceit.
(8) Fraudulent conduct means, for the purposes of section 11-51-410,
conduct within this state which constitutes a willful violation of section 11-51-501 or conduct outside this state which would constitute a willful violation of section 11-51-501 if it had occurred within this state.
(9) Guaranteed means guaranteed as to payment of principal, interest, or
dividends.
(9.5) (a) (I) Investment adviser means any person who, for compensation,
engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities.
(II) Investment adviser includes financial planners or other persons who, as
an integral component of other financially related services, provide investment advisory services to others for compensation and as a part of a business or who hold themselves out as providing investment advisory services to others for compensation.
(b) Investment adviser does not include:
(I) A federal covered adviser;
(II) A publisher of a bona fide newspaper, magazine, or business or financial
publication with a regular paid circulation;
(III) A publisher of a securities advisory newsletter with a regular and paid
circulation who does not provide advice to subscribers on their specific investment situations;
(IV) An author of material included in a newspaper, magazine, publication, or
newsletter who does not otherwise come within the definition of an investment adviser or investment adviser representative;
(V) An investment adviser representative;
(VI) A licensed broker-dealer or sales representative for a licensed broker-dealer whose performance of investment advisory services is solely incidental to
the conduct of the person's business as a broker-dealer and who receives no special compensation for such services;
(VII) A depository institution or a person employed by or directly associated
with a depository institution;
(VIII) Any lawyer, accountant, engineer, or teacher whose performance of
such services is solely incidental to the practice of that person's profession;
(IX) A person who provides investment advisory services solely while acting
as an investment banker or business broker on behalf of one or more parties to, and in connection with, a transaction or proposed transaction for the transfer of a controlling interest in a business enterprise;
(X) An official, employee, or representative of the United States, an
individual state, a political subdivision of an individual state, or an agency or a corporate or other instrumentality of the United States or an individual state, while acting in such person's official capacity on behalf of such entity;
(XI) A licensed real estate broker or salesperson whose advice to clients
relates only to the investment or acquisition of real property or an interest in real property; or
(XII) Any other person or class of persons excluded by rule or order of the
securities commissioner.
(9.6) (a) Investment adviser representative with respect to an investment
adviser means an individual who has a place of business in this state; who is a partner, officer, or director of an investment adviser; who occupies a status similar to or performs functions similar to those of a partner, officer, or director for an investment adviser; or who is employed or otherwise associated with an investment adviser who:
(I) Makes recommendations or otherwise renders advice to clients regarding
securities;
(II) Manages securities accounts or portfolios for clients;
(III) Determines which recommendation or advice regarding securities should
be given to clients; or
(IV) Supervises employees of, or persons otherwise associated with, an
investment adviser or a federal covered adviser who perform any of the duties specified in this paragraph (a).
(b) Investment adviser representative for a federal covered adviser means
any individual with a place of business in this state who is an investment adviser representative as defined by the securities and exchange commission in rule 203A-3 promulgated under the federal Investment Advisers Act of 1940.
(c) The term investment adviser representative does not include:
(I) A licensed sales representative for a licensed broker-dealer whose
performance of investment advisory services is solely incidental to the conduct of business as a sales representative and who receives no special consideration in connection with providing such services; or
(II) Any other individual or class of individuals excluded by rule or order of
the securities commissioner.
(9.7) Investment advisory services means those activities performed by a
person in connection with such person's engaging in any of the activities described in paragraph (a) of subsection (9.5) of this section, including such activities by a federal covered adviser or an investment adviser representative for a federal covered adviser.
(10) Issuer means any person who issues or proposes to issue any security;
except that, with respect to certificates of deposit, voting-trust certificates, or collateral-trust certificates or with respect to certificates of interest or shares in an unincorporated investment trust not having a board of directors or persons performing similar functions or of the fixed, restricted management, or unit type, the term issuer means the person performing the acts and assuming the duties of depositor or manager pursuant to the provisions of the trust or other agreement or instrument under which such securities are issued; except that, in the case of an unincorporated association which provides by its articles for limited liability of any or all of its members or in the case of a trust, committee, or other legal entity, the trustees or members thereof shall not be individually liable as issuers of any security issued by the association, trust, committee, or other legal entity; except that, with respect to equipment-trust certificates or like securities, the term issuer means the person by whom the equipment or property is or is to be used; and except that, with respect to fractional undivided interests in oil, gas, or other mineral rights, the term issuer means the owner of any such right or of any interest in such right (whether whole or fractional) who creates fractional interests therein for the purpose of offering them for sale.
(11) Nonissuer means not directly or indirectly for the benefit of the issuer.
(11.5) Online intermediary means a person:
(a) Acting pursuant to section 11-51-308.5 as an intermediary in a transaction
involving the offer through a website of securities for the account of an issuer; and
(b) Who does not:
(I) Offer investment advice or recommendations;
(II) Solicit purchases, sales, or offers to buy the securities offered or
displayed on its website;
(III) Compensate employees, agents, or other persons for such solicitation or
based on the sale of securities displayed or referenced on its website;
(IV) Hold, manage, possess, or otherwise handle purchaser funds or
securities;
(V) Act as an exchange or listing or quotation service for the offer or sale of
securities by third parties; or
(VI) Engage in such other activities as the securities commissioner, by rule,
determines is inappropriate.
(12) Person means an individual, a corporation, a partnership, an
association, an estate, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, a governmental subdivision or agency, or any other legal entity.
(12.5) Place of business for investment adviser representatives shall have
the same meaning as defined by the securities and exchange commission in rule 203A-3 promulgated under the federal Investment Advisers Act of 1940.
(13) (a) Sale or sell includes every contract of sale of, contract to sell, or
disposition of a security or interest in a security for value. Offer to sell includes every attempt or offer to dispose of, or solicitation of an offer to buy, a security or interest in a security for value.
(b) Purchase or buy includes every contract of purchase of, contract to
buy, or acquisition of a security or interest in a security for value. Offer to purchase includes every attempt or offer to acquire, or solicitation of an offer to sell, a security or interest in a security for value.
(c) Offer means an offer to sell or an offer to purchase.
(d) Any security given or delivered with, or as a bonus on account of, any
purchase of securities or any other thing is considered to constitute part of the subject of the purchase and to have been offered, sold, and purchased for value.
(e) A purported gift of assessable stock is considered to involve an offer,
sale, and purchase.
(f) Every sale or offer of a warrant or right to purchase or subscribe to
another security of the same or another issuer, as well as every sale or offer of a security which gives the holder a present or future right or privilege to convert into another security of the same or another issuer, is considered to include an offer of the other security.
(g) An offer, offer to sell, offer to purchase, sale, and purchase shall
be deemed to be involved so far as the security holders of a corporation or other person are concerned where, pursuant to statutory provisions of the jurisdiction under which such corporation or other person is organized, or pursuant to provisions contained in its articles of incorporation or similar controlling instruments, or otherwise, there is submitted for the vote or consent of such security holders a plan or agreement for the following:
(I) A reclassification of securities of such corporation or other person, other
than a stock split, reverse stock split, or change in par value, which involves the substitution of a security for another security;
(II) A statutory merger or consolidation or similar plan of acquisition in which
securities of such corporation or other person held by such security holders will become or be exchanged for securities of any other person, except where the sole purpose of the transaction is to change an issuer's domicile; or
(III) A transfer of assets of such corporation or other person to another
person, in consideration of the issuance of securities of such other person or any of its affiliates, if:
(A) Such plan or agreement provides for dissolution of the corporation or
other person whose security holders are voting or consenting;
(B) Such plan or agreement provides for a pro rata or similar distribution of
such securities to the security holders voting or consenting;
(C) The board of directors or similar representative of such corporation or
other person adopts resolutions relative to sub-subparagraph (A) or (B) of this subparagraph (III) within one year after taking of such vote or consent; or
(D) The transfer of assets is a part of a preexisting plan for distribution of
such securities, notwithstanding the provisions of sub-subparagraph (A), (B), or (C) of this subparagraph (III).
(h) The terms defined in this subsection (13) do not include any bona fide
pledge or loan or any dividend payable by an issuer only in its own securities if nothing of value is given by stockholders for the dividend.
(14) Sales representative means an individual, other than a broker-dealer,
either authorized to act and acting for a broker-dealer in effecting or attempting to effect purchases or sales of securities or authorized to act and acting for an issuer in effecting or attempting to effect purchases or sales of the issuer's own securities. An individual so acting for an issuer is not a sales representative if the individual primarily performs, or is intended primarily to perform upon completion of an offering of the issuer's own securities, substantial duties for or on behalf of the issuer otherwise than in connection with transactions in the issuer's own securities and the individual's compensation is not based, in whole or in part, upon the amount of purchases or sales of the issuer's own securities effected for the issuer. A partner, officer, or director of a broker-dealer or issuer, or an individual occupying a similar status or performing similar functions, is a sales representative only if the individual otherwise comes within the definition.
(15) Securities and exchange commission means the commission
established by the federal Securities Exchange Act of 1934.
(16) Securities commissioner means the commissioner of securities
created by section 11-51-701.
(17) Security means any note; stock; treasury stock; bond; debenture;
evidence of indebtedness; certificate of interest or participation in any profit-sharing agreement; collateral-trust certificate; preorganization certificate of subscription; transferable share; investment contract; viatical settlement investment; voting-trust certificate; certificate of deposit for a security; certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease; or, in general, any interest or instrument commonly known as a security or any certificate of interest or participation in, temporary or interim certificate for, guarantee of, or warrant or right to subscribe to or purchase any of the foregoing. Security does not include any insurance or endowment policy or annuity contract under which an insurance company promises to pay a sum of money either in a lump sum or periodically for life or some other specified period. For purposes of this article, an investment contract need not involve more than one investor nor be limited to those circumstances wherein there are multiple investors who are joint participants in the same enterprise.
(18) Self-regulatory organization means a national securities exchange
registered under section 6 of the federal Securities Exchange Act of 1934, a national securities association of broker-dealers registered under section 15A of the federal Securities Exchange Act of 1934, a clearing agency registered under section 17A of the federal Securities Exchange Act of 1934, the municipal securities rule-making board established under section 15B of the federal Securities Exchange Act of 1934, or a futures association registered under section 21 of the federal Commodity Exchange Act.
(19) State means any state, territory, or possession of the United States,
the District of Columbia, or Puerto Rico.
(20) Viatical settlement investment means the contractual right to receive
any portion of the death benefit or ownership of a life insurance policy or certificate, in exchange for consideration that is less than the expected death benefit of the life insurance policy or certificate. Viatical settlement investment does not include:
(a) Any transaction between a viator and a viatical settlement provider as
defined by section 10-7-602, C.R.S.;
(b) Any transfer of ownership or beneficial interest in a life insurance policy
from a viatical settlement provider to another viatical settlement provider as defined by section 10-7-602, C.R.S., or to any legal entity formed solely for the purpose of holding ownership or beneficial interest in a life insurance policy or policies;
(c) The bona fide assignment of a life insurance policy to a bank, savings
bank, savings and loan association, savings association, credit union, or other licensed lending institution as collateral for a loan; or
(d) The exercise of accelerated benefits pursuant to the terms of a life
insurance policy issued in accordance with title 10, C.R.S.
Source: L. 90: Entire article R&RE, p. 702, � 1, effective July 1. L. 98: (5.5),
(9.5), (9.6), (9.7), and (12.5) added, p. 547, � 2, effective April 30. L. 2005: (17) amended and (20) added, p. 1324, � 2, effective January 1, 2006. L. 2015: (3) and (20)(c) amended, (SB 15-104), ch. 177, p. 575, � 2, effective May 11; (11.5) added, (HB 15-1246), ch. 98, p. 286, � 2, effective August 5.
Editor's note: This section is similar to former � 11-51-102 as it existed prior to
1990.
Cross references: For the Securities Act of 1933, see Pub.L. 73-22, codified
at 15 U.S.C. � 77a et seq.; for the Commodity Exchange Act, see Pub.L. 67-331, codified at 7 U.S.C. � 1 et seq.; for the Investment Advisers Act of 1940, see Pub.L. 76-768, codified at 15 U.S.C. � 80b-1 et seq.; for the Investment Company Act of 1940, see Pub.L. 76-768, codified at 15 U.S.C. � 80a-1 et seq.; for the Employee Retirement Income Security Act of 1974, see Pub.L. 93-406, codified at 29 U.S.C. � 1001 et seq.; for the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.; for the Small Business Investment Act of 1958, see Pub.L. 85-699, codified at 15 U.S.C. � 661 et seq.
C.R.S. § 11-51-302
11-51-302. General registration provisions. (1) A registration statement may be filed by the issuer, any other person on whose behalf the offering is to be made, or a broker-dealer licensed or exempt under this article.
(2) Every registration statement filed under section 11-51-303 or 11-51-304
shall be accompanied by a registration fee, which shall be determined and collected pursuant to section 11-51-707.
(3) Any document or portion thereof filed with the securities commissioner
under this article or a predecessor law within five years preceding the filing of a registration statement may be incorporated by reference in a registration statement to the extent that such document or portion thereof is accurate at the time of such incorporation by reference.
(4) The securities commissioner may, by rule or order, permit the omission of
any item of information or document from any registration statement.
(5) The securities commissioner may, by rule or order, require as a condition
of registration under section 11-51-304 that the proceeds from the sale of the registered security be held in escrow until the issuer receives a specified amount. The securities commissioner may, by rule or order, determine the conditions of any escrow required under this subsection (5), but the securities commissioner may not reject a depository solely because of its location in another state. Improper release by a depository of such escrow in violation of this subsection (5) is punishable pursuant to section 11-51-603 (2).
(6) (a) In the case of any offering registered under section 11-51-303 or 11-51-304 where less than seventy-five percent of the net proceeds from the sale of the
registered securities are committed for use in one or more specific lines of business, eighty percent of the net proceeds received by the issuer shall be placed into escrow until:
(I) The completion of a transaction or series of transactions whereby at least
fifty percent of the gross proceeds received from the sale of registered securities (including any amounts actually received by the issuer upon exercise of registered warrants or rights to purchase or subscribe to another security) are committed for use in one or more specific lines of business; and
(II) The lapse of no more than ten days after receipt by the securities
commissioner of notice of the proposed release of funds from such escrow.
(b) Such notice must contain the information and be in the form the
securities commissioner by rule requires. If an escrow is released and warrants or rights which were once registered remain outstanding, then this subsection (6) shall apply separately to the proceeds from any subsequent exercise of such warrants or rights. Proceeds received from the exercise of such warrants or rights shall then be subject to release upon the conditions stated in this subsection (6), and this subsection (6) shall then each time apply separately with respect to proceeds from the exercise of warrants or rights which were once registered and still remain outstanding. The securities commissioner may, by rule or order, determine the conditions of any escrow required under this subsection (6), but the securities commissioner may not reject a depository solely because of its location in another state. Improper release by a depository of such escrow in violation of this subsection (6) is punishable pursuant to section 11-51-603 (2). The securities commissioner may, by rule or order, waive the requirements of this subsection (6), in whole or in part, with respect to any class of registrations or any specific registration if the securities commissioner finds that such waiver is in the public interest and that compliance with the requirements of this subsection (6) is not necessary for the protection of investors.
(7) (a) A registration statement filed and effective under section 11-51-303 is
effective for one year after its effective date and thereafter is effective during the period or periods, but only those periods, when the prospectus contained in the registration statement filed under the federal Securities Act of 1933, as amended, meets the requirements of section 10 (a) of the federal Securities Act of 1933, as amended, 15 U.S.C. sec. 77j (a).
(b) Repealed.
(c) A registration statement filed and effective under section 11-51-304 is
effective for one year after its effective date unless the securities commissioner by rule or order extends the period of effectiveness.
(d) A registration statement effective under section 11-51-303 or 11-51-304
may be terminated or withdrawn upon the request of the issuer or the person who filed the registration statement and with the consent of the securities commissioner.
(e) All outstanding securities of the same class as a registered security are
considered to be registered for the purpose of a nonissuer transaction or series of transactions while the registration statement is effective.
(8) So long as a registration statement under section 11-51-304 is effective,
the securities commissioner may, by rule or order, require the person who filed the registration statement to file reports, not more often than quarterly, to keep reasonably current the information contained in the registration statement and to disclose the progress of the offering.
(9) A registration statement under section 11-51-303 or 11-51-304 may be
amended after its effective date so as to increase the quantity of securities specified as being offered. Every person filing such an amendment shall pay a registration fee, which shall be determined and collected pursuant to section 11-51-707, with respect to the additional securities being registered. Such an amendment becomes effective when the securities commissioner so orders. If the additional securities being registered have been sold before such amendment is filed and the person filing the amendment provides such information as the securities commissioner may request to show that the failure to register the additional securities prior to their sale was in good faith and not for the purpose of avoiding compliance with this article, the securities commissioner may by order provide that the effectiveness of the amendment shall relate back to the first date of sale of the additional securities.
Source: L. 90: Entire article R&RE, p. 707, � 1, effective July 1. L. 94: (7)
amended, p. 1838, � 1, effective July 1. L. 2018: (7)(a) amended and (7)(b) repealed, (HB 18-1388), ch. 280, p. 1755, � 2, effective August 8.
Editor's note: This section is similar to former � 11-51-108 as it existed prior to
1990.
Cross references: For the Securities Act of 1933, see Pub.L. 73-22, codified
at 15 U.S.C. � 77a et seq.
C.R.S. § 11-51-304
11-51-304. Registration by qualification. (1) A security may be registered by qualification.
(2) A registration statement under this section shall contain full and fair
disclosure of all material facts respecting the investment offered, including the following information, shall state the title of the security and the number or amount being registered under this article, and shall be accompanied by the following documents in addition to the consent to service of process required by section 11-51-706:
(a) With respect to the issuer, its name, address, and form of organization;
the state or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive conditions in the industry or business in which it is or will be engaged;
(b) With respect to every director and officer of the issuer, or person
occupying a similar status or performing similar functions, the name, address, and principal occupation for the past five years; the amount of securities of the issuer held as of a specified date within thirty days of the filing of the registration statement; the amount of the securities covered by the registration statement to which the person has indicated an intention to subscribe; and a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three years or proposed to be effected;
(c) With respect to persons covered by paragraph (b) of this subsection (2),
the remuneration paid during the past twelve months and estimated to be paid during the next twelve months, directly or indirectly, by the issuer (together with all predecessors, parents, subsidiaries, and affiliates) to all such persons in the aggregate;
(d) With respect to any person owning of record, or beneficially if known, ten
percent or more of the outstanding shares of any class of equity security of the issuer, the information specified in paragraph (b) of this subsection (2) other than the occupation;
(e) With respect to every promoter, if the issuer was organized within the
past three years, the information specified in paragraph (b) of this subsection (2), any amount paid within that period or intended to be paid to that person, and the consideration for any such payment;
(f) With respect to any person on whose behalf any part of the offering is to
be made in a nonissuer distribution, the name and address, the amount of securities of the issuer held as of the date of the filing of the registration statement, a description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three years or proposed to be effected, and a statement of the person's reasons for making the offering;
(g) The capitalization and long-term debt on both a current and pro forma
basis of the issuer, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration whether in the form of cash, physical assets, services, patents, goodwill, or anything else for which the issuer or any subsidiary has issued any of its securities within the past two years or is obligated to issue any of its securities;
(h) The kind and amount of securities to be offered; the proposed offering
price or the method by which it is to be computed; any variation therefrom at which any proportion is to be made to any person or class of persons, other than the underwriters, with a specification of any such person or class; the basis upon which the offering is to be made if otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finders' fees including separately cash, securities, contracts, or anything else of value to accrue to the underwriters or finders in connection with the offering or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated amounts of other selling expenses, including legal, engineering, and accounting charges; the name and address of every underwriter and every recipient of a finder's fee; a copy of any underwriting or selling group agreement pursuant to which the distribution is to be made, or the proposed form of any such agreement whose terms have not yet been determined; and a description of the plan of distribution of any securities which are to be offered otherwise than through an underwriter;
(i) The estimated cash proceeds to be received by the issuer from the
offering; the purposes for which the proceeds are to be used by the issuer; the amount to be used for each purpose; the order or priority in which the proceeds will be used for the purposes stated; and the amounts of any funds to be raised; and, if any part of the proceeds is to be used to acquire any property including goodwill otherwise than in the ordinary course of business, the names and addresses of the vendors, the purchase price, and the names of any persons who have received commissions in connection with the acquisition, and the amounts of any such commissions and any other expenses in connection with the acquisition including the cost of borrowing money to finance the acquisition;
(j) A description of any stock options or other security options outstanding or
to be created in connection with the offering, together with the amount of any such options held or to be held by every person required to be named in paragraph (b), (d), (e), (f), or (h) of this subsection (2) and by any person who holds or will hold ten percent or more in the aggregate of any such options;
(k) The date of, parties to, and general effect concisely stated of every
management or other material contract made or to be made otherwise than in the ordinary course of business if it is to be performed in whole or in part at or after the filing of the registration statement or was made within the past two years, together with a copy of every such contract, and a description of any pending litigation or proceeding to which the issuer is a party and which materially affects its business or assets including any litigation or proceeding known to be contemplated by governmental authorities;
(l) A copy of any prospectus, pamphlet, circular, form letter, advertisement,
or other sales literature intended as of its effective date to be used in connection with the offering;
(m) A specimen or copy of the security being registered, a copy of the
issuer's articles of incorporation and bylaws, or their substantial equivalents, as currently in effect, and a copy of any indenture or other instrument covering the security to be registered;
(n) A signed or conformed copy of an opinion of counsel as to the legality of
the security being registered, which shall state whether the security when sold will be legally issued, fully paid, and nonassessable and, if a debt security, a binding obligation of the issuer;
(o) The written consent of any accountant, engineer, appraiser, or other
person whose profession gives authority to a statement made by him, if any such person is named as having prepared or certified a report or valuation other than a public and official document or statement which is used in connection with the registration statement;
(p) The balance sheet of the issuer as of a date within four months prior to
the filing of the registration statement; a profit and loss statement and analysis of surplus for each of the three fiscal years preceding the date of the balance sheet and for any period between the close of the last fiscal year and the date of the balance sheet, or for the period of the issuer's and any predecessor's existence if less than three years; and, if any part of the proceeds of the offering is to be applied to the purchase of any business, the same financial statements which would be required if that business were the registrant; and
(q) Such additional information as the securities commissioner requires by
rule or order and as is required for full and fair disclosure respecting the investment offered.
(3) A registration statement under this section becomes effective when the
securities commissioner so orders or twenty-eight calendar days from the date of filing if the securities commissioner does not request changes in the registration statement or if the registration statement is not subject to a stop order under section 11-51-306.
(4) The securities commissioner may, by rule or order, require as a condition
of registration under this section that an offering circular containing any designated part of the information specified in subsection (2) of this section be sent or given to each person to whom an offer is made before or concurrently with: The first written offer made to such person otherwise than by means of a public advertisement by or for the account of the issuer or any other person on whose behalf the offering is being made or by any broker-dealer or underwriter who is offering part of an unsold allotment or subscription taken as a participant in the distribution; the confirmation of any sale made by or for the account of any person; or a payment made pursuant to any such sale or the delivery of the security pursuant to any such sale, whichever first occurs.
(5) The date of filing shall be the date that the registration statement or an
amendment to the registration statement is received by the securities commissioner.
(6) The securities commissioner shall by rule prescribe a limited offering
registration procedure for any offering of securities by an issuer if the issuer has its principal office and the majority of its full-time employees in Colorado; if the issuer provides in its offering document that at least eighty percent of the net proceeds from the offering will be used in connection with the operations of such issuer in this state; if the gross proceeds from such offering of securities and any other offering of securities will not exceed five million dollars within any twelve-month period; and if the registration statement and offering documents for such limited offering contain the following:
(a) With respect to the issuer, its principal business address, and its form,
state or foreign jurisdiction, and date of its organization;
(b) The general character and location of its business and a description of its
physical properties and equipment;
(c) The name and address of every officer and director of the issuer and of
every person occupying a similar status or performing similar functions, and for each such person, a brief description of their business experience within the last five years, a description of any transaction during the preceding year or any proposed transaction between any such persons and the issuer, and a description of any of the following events occurring within the last five years that are material to an evaluation of the offering:
(I) The filing of a petition in bankruptcy by or against, or the filing of a
receivership action against, any such person personally or by or against any entity for which they served as officer, director, or in a similar status or function;
(II) Any conviction of any such person in a criminal proceeding, or the filing of
any indictment, information, or criminal complaint against any such person (excluding traffic violations and other minor offenses); and
(III) Any order, judgment, or decree, not subsequently reversed, suspended,
or vacated, against any such person entered by a court of competent jurisdiction or any federal or state regulatory authority involving the violation by such person of any federal or state securities law or in connection with any matter material to the offering, the issuer, or its business;
(d) The principal factors contributing to the risks of the enterprise, including,
when applicable, the absence of an operating history of the issuer, the absence of profitable operations in recent periods, the nature of the business or proposed business in which the issuer will engage, and the absence of any previous market for the securities of the issuer;
(e) The amount of authorized and issued securities of the issuer;
(f) The kind and amount of securities to be offered, the proposed offering
price, and the minimum and maximum amounts that will be raised in the offering;
(g) The name, address, and amount of compensation of any underwriter or
broker-dealer to receive compensation in connection with the offering;
(h) The estimated proceeds to be received by the issuer from the offering
and the purposes for which such proceeds are to be used;
(i) An unaudited balance sheet as of a date within four months of the filing of
the registration statement and an unaudited profit and loss statement and analysis of surplus for the most recent fiscal year of the issuer and for any period between the close of the last fiscal year and the date of the balance sheet, or for the period of the issuer's existence if less than one year; and
(j) The following legend prominently stated on the cover page of the offering
document:
THESE SECURITIES ARE OFFERED PURSUANT TO A LIMITED OFFERING
REGISTRATION WITH THE COLORADO DIVISION OF SECURITIES. THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE COLORADO DIVISION OF SECURITIES NOR HAS THE DIVISION PASSED UPON THE ACCURACY OR ADEQUACY OF THIS OFFERING DOCUMENT. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
THE STATE OF COLORADO HAS INSTITUTED THIS LIMITED OFFERING
REGISTRATION PROCEDURE IN AN EFFORT TO SIMPLIFY AND EXPEDITE THE SMALL BUSINESS CAPITAL FORMATION PROCESS. INVESTORS ARE ENCOURAGED TO ASK QUESTIONS OF AND SEEK ADDITIONAL INFORMATION FROM THE ISSUER AND UNDERWRITER OF THESE SECURITIES.
(7) In the case of a registration by qualification under subsection (6) of this
section, the securities commissioner may not require as a condition of registration under section 11-51-302 (5) that any of the gross proceeds from the sale of the registered security be held in escrow in the case of an offering underwritten by a broker-dealer registered under the federal Securities Exchange Act of 1934, or that more than thirty-five percent of the gross proceeds from the sale of the registered security be held in escrow in the case of an offering not underwritten by such a broker-dealer.
(8) A registration statement under subsection (6) of this section becomes
effective when the securities commissioner so orders or fourteen calendar days from the date of the filing if the securities commissioner does not request changes in the registration statement or if the registration statement is not subject to a stop order under section 11-51-306.
Source: L. 90: Entire article R&RE, p. 710, � 1, effective July 1. L. 2014: IP(6)
amended, (HB 14-1079), ch. 72, p. 302, � 1, effective August 6.
Editor's note: This section is similar to former � 11-51-109 as it existed prior to
1990.
Cross references: For the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a 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. § 11-51-308
11-51-308. Exempt transactions. (1) The following transactions are exempted from sections 11-51-301 and 11-51-305:
(a) Any isolated nonissuer transaction, whether or not effected through a
broker-dealer;
(b) Any nonissuer distribution of an outstanding security:
(I) If a recognized securities manual contains the name of the issuer, the
names of the issuer's officers and directors, a balance sheet of the issuer as of a date within the eighteen-month period immediately preceding the date of the distribution, and a profit and loss statement for either the fiscal year preceding that date or the most recent year of operations;
(II) If the security has a fixed maturity or a fixed interest or dividend provision
and there has been no default by the issuer during the current fiscal year or within the three preceding fiscal years, or during the existence of the issuer and any predecessors if less than three years, in the payment of principal, interest, or dividend on any security of the issuer;
(III) If any class of securities of the issuer is registered under section 12 of
the federal Securities Exchange Act of 1934;
(IV) If the issuer is an investment company registered under the federal
Investment Company Act of 1940; or
(V) If the issuer of the security has filed and maintained with the securities
commissioner, for not less than ninety days next preceding the transaction, such information as the securities commissioner may specify by rule and has paid an exemption fee to be determined and collected as provided in section 11-51-707;
(c) Any nonissuer transaction effected by or through a licensed broker-dealer pursuant to an unsolicited order or offer to buy, if either the confirmation of
the transaction delivered to the customer clearly states that the transaction was unsolicited or the broker-dealer obtains a written acknowledgment signed by the customer that the transaction was unsolicited and a copy of the confirmation or the acknowledgment is preserved by the broker-dealer for such period as the securities commissioner may, by rule, require;
(d) Any transaction between the issuer or other person on whose behalf the
offering is made and an underwriter or among underwriters;
(e) Any transaction in a bond or other evidence of indebtedness secured by a
mortgage, security interest, or deed of trust or by an agreement for the sale of real estate or chattels, if the entire mortgage, security interest, deed of trust, or agreement together with all the bonds or other evidences of indebtedness secured thereby is offered and sold as a unit;
(f) Any transaction by an executor, administrator, sheriff, marshal, receiver,
trustee in bankruptcy, guardian, or conservator;
(g) Any transaction executed by a bona fide pledgee without any purpose of
evading the provisions of this article;
(h) Any offer or sale to a financial or institutional investor or to a broker-dealer, whether the purchaser is acting for itself or in some fiduciary capacity;
(i) Any transaction not involving any public offering;
(j) Any transaction pursuant to an offering of securities directed by the
offeror to not more than twenty persons (other than those designated in paragraph (h) of this subsection (1)) in this state and sold to not more than ten buyers (other than those designated in paragraph (h) of this subsection (1)) in this state during any period of twelve consecutive months, whether or not the offeror or any of the offerees or buyers is then present in this state, if:
(I) The seller reasonably believes that all the buyers in this state (other than
those designated in paragraph (h) of this subsection (1)) are purchasing for investment; and
(II) No commission or other remuneration is paid or given directly or
indirectly for soliciting any prospective buyer in this state (other than those designated in paragraph (h) of this subsection (1)) except to a licensed broker-dealer or a licensed sales representative;
(k) Any offer or sale of a preorganization certificate or subscription if no
commission or other remuneration is paid or given directly or indirectly for soliciting any prospective subscriber, if the number of subscribers does not exceed twenty-five, and if no payment is made by any subscriber;
(l) Any transaction pursuant to an offer to existing security holders of the
issuer, including persons who at the time of the transaction are holders of convertible securities, nontransferable warrants, or transferable warrants exercisable within not more than ninety days of their issuance, if no commission or other remuneration (other than a standby commission) is paid or given directly or indirectly for soliciting any security holder in this state except to a licensed or exempt broker-dealer;
(m) A transaction involving an offer to sell, but not a sale, of a security if:
(I) A registration or offering statement or similar document as required under
the federal Securities Act of 1933 has been filed with the securities and exchange commission, but is not effective;
(II) A registration statement, if required, has been filed under section 11-51-303, but is not effective; and
(III) No stop order of which the offeror is aware has been entered by the
securities commissioner or the securities and exchange commission;
(n) A transaction involving an offer to sell, but not a sale, of a security if:
(I) A registration statement has been filed under section 11-51-304 but is not
effective; and
(II) No stop order of which the offeror is aware has been entered by the
securities commissioner;
(o) A transaction described in section 11-51-201 (13)(g); and
(p) Any offer or sale of a security in compliance with an exemption from
registration with the securities and exchange commission under section 3(b)(1) or 4(a)(2) of the federal Securities Act of 1933, as amended, 15 U.S.C. secs. 77c (b)(1) and 77d (a)(2), pursuant to regulations adopted in accordance with the federal act by the securities and exchange commission; except that an offer or sale of a security in compliance with an exemption from registration with the securities and exchange commission under regulation A, codified at 17 CFR 230.251 to 17 CFR 230.263 and adopted pursuant to section 3(b) of the federal Securities Act of 1933, as amended, is not exempted under this section. The issuer shall file with the securities commissioner a notification of exemption, in a form prescribed by the securities commissioner, and pay an exemption fee to be determined and collected pursuant to section 11-51-707.
Source: L. 90: Entire article R&RE, p. 717, � 1, effective July 1. L. 2015: (1)(p)
amended, (SB 15-104), ch. 177, p. 578, � 5, effective May 11; (1)(p) amended, (SB 15-264), ch. 259, p. 944, � 14, effective August 5.
Editor's note: (1) This section is similar to former � 11-51-113 as it existed prior
to 1990.
(2) Amendments to this section by SB 15-104 and SB 15-264 were
harmonized.
Cross references: For the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.; for the Investment Company Act of 1940,
see Pub.L. 76-768, codified at 15 U.S.C. � 80a-1 et seq.; for the Securities Act of 1933, see Pub.L. 73-22, codified at 15 U.S.C. � 77a et seq.
C.R.S. § 11-51-308.5
11-51-308.5. Crowdfunding - intrastate offering of securities - online intermediaries - rules - fees - short title - legislative declaration. (1) Short title. This act shall be known and may be cited as the Colorado Crowdfunding Act.
(2) Legislative declaration. The general assembly hereby:
(a) Finds that:
(I) Start-up companies play a critical role in expanding economic
opportunities, creating new jobs, and generating revenues; and
(II) Lack of access to capital is an obstacle to starting and expanding small
business, inhibits job growth, and has negatively affected the state's economy;
(b) Determines that:
(I) The costs and complexities of state securities registration can outweigh
the benefits to Colorado businesses seeking to raise capital by small securities offerings;
(II) The use of crowdfunding, or raising money online through small
contributions from a large number of investors, is presently restricted by our state securities laws; and
(III) Crowdfunding allows small companies to access the capital they need to
start or expand businesses; and
(c) Declares that:
(I) In compliance with exemptions from federal law, the exemption provided
by this section applies only if:
(A) The investor is a Colorado resident or is an entity formed pursuant to
Colorado laws;
(B) The issuer of the securities is an entity formed pursuant to Colorado laws
and doing business in Colorado; and
(C) The issuer intends to use and uses at least eighty percent of the
proceeds of the sale of securities in Colorado; and
(II) Creating a Colorado crowdfunding option, with limitations to protect
investors, will enable Colorado businesses to obtain capital, democratize venture capital formation, and facilitate investment by Colorado residents in Colorado start-ups, thereby promoting the formation and growth of local companies and the accompanying job creation.
(3) Exemption. If an offer or sale of a security by an issuer made after the
securities commissioner initially promulgates rules to implement this section is conducted in accordance with all the following requirements and those contained in the rules promulgated pursuant to subsection (4) of this section, the transaction is exempt from section 11-51-301:
(a) The issuer of the security must be a business entity organized pursuant to
the laws of Colorado and authorized to do business in Colorado and meet all of the following requirements:
(I) The securities must meet the requirements of the federal exemption for
intrastate offerings in section 3 (a)(11) of the federal Securities Act of 1933, 15 U.S.C. sec. 77c (a)(11), and the securities and exchange commission's rule 147 adopted pursuant to said act, 17 CFR 230.147, for an intrastate offering being conducted in Colorado. Prior to any sale pursuant to this exemption, the issuer shall obtain documentary evidence from each prospective purchaser that provides the seller with a reasonable basis to believe that the purchaser meets the requirements of subsection (d) of the securities and exchange commission's rule 147, 17 CFR 230.147 (d).
(II) The sum of all cash and other consideration to be received for all sales of
the security pursuant to the exemption provided by this section must not exceed one million dollars during any twelve-month period; except that, if before offering and selling the securities, the issuer submits audited financial statements regarding the issuer to the securities commissioner, the sum must not exceed two million dollars.
(III) The aggregate amount sold to any purchaser during the twelve-month
period preceding the date of the sale must not exceed five thousand dollars unless the purchaser is an accredited investor as defined by the securities and exchange commission's rule 501 of Regulation D, 17 CFR 230.501.
(IV) Unless waived or modified by written consent by the securities
commissioner, not less than ten days before the commencement of an offering of securities pursuant to the exemption provided by this section, the issuer must do all the following:
(A) Make a notice filing with the securities commissioner on a form
prescribed by the securities commissioner, including a consent to service of process in such form as the securities commissioner may require;
(B) Pay the fee established by the securities commissioner;
(C) Provide the securities commissioner with a copy of the disclosure
document to be provided to prospective purchasers pursuant to subparagraph (X) of this paragraph (a);
(D) Provide the securities commissioner with a copy of an escrow agreement
with a depository institution authorized to do business in Colorado in which the issuer will deposit the purchaser's funds or cause the purchaser's funds to be deposited and that the issuer may access only as provided in sub-subparagraph (F) of this subparagraph (IV). The depository institution in which the purchaser funds are deposited shall act only at the direction of the party establishing the escrow agreement and does not have any duty or liability, contractual or otherwise, to any purchaser or other person. A purchaser may cancel the purchaser's commitment to invest if the minimum amount established pursuant to sub-subparagraph (F) of this subparagraph (IV) is not raised before the time stated in the escrow agreement.
(E) Maintain all records with respect to any offering conducted pursuant to
the exemption provided by this section as the securities commissioner may by rule require; and
(F) Establish both a minimum and a maximum offering amount, and deposit
all funds raised from purchasers pursuant to the exemption provided by this section into an escrow account established pursuant to sub-subparagraph (D) of this subparagraph (IV); except that, once the minimum offering amount has been raised and deposited in the escrow account, the issuer may terminate the escrow arrangement. The minimum established must be not less than one-half of the maximum offering amount. The maximum amount must not exceed the limitations set forth in subparagraph (II) of this paragraph (a). The issuer shall not access the escrow funds until the aggregate funds raised from all purchasers equals or exceeds the minimum amount. The issuer shall use all funds in accordance with representations made to purchasers.
(V) The issuer must not be, either before or as a result of the offering, an
investment company, as defined in section 3 of the federal Investment Company Act of 1940, 15 U.S.C. sec. 80a-3, an entity that would be an investment company but for the exclusions provided in section 3 (c) of the federal Investment Company Act of 1940, 15 U.S.C. sec. 80a-3 (c), or subject to the reporting requirements of section 13 or 15 (d) of the federal Securities Exchange Act of 1934, 15 U.S.C. sec. 78m or 78o (d).
(VI) The issuer shall inform all prospective purchasers of securities offered
pursuant to the exemption provided by this section, in plain, nontechnical language using words with common and everyday meaning that are understandable to the average reader, that the securities have not been registered pursuant to federal or state securities law and that the securities are subject to limitations on resale. The issuer shall display the following legend conspicuously on the cover page of the disclosure document required by subparagraph (X) of this paragraph (a):
THESE SECURITIES HAVE NOT BEEN REGISTERED WITH, APPROVED BY, OR RECOMMENDED BY ANY FEDERAL OR STATE AGENCY. IN MAKING AN INVESTMENT DECISION, PURCHASERS MUST RELY ON THEIR OWN EXAMINATION OF THE ISSUER AND THE TERMS OF THE OFFERING, INCLUDING THE MERITS AND RISKS INVOLVED. THESE SECURITIES HAVE NOT BEEN RECOMMENDED BY ANY FEDERAL OR STATE SECURITIES COMMISSION OR DIVISION OR OTHER REGULATORY AUTHORITY. FURTHERMORE, THE FOREGOING AUTHORITIES HAVE NOT CONFIRMED THE ACCURACY OR DETERMINED THE ADEQUACY OF THIS DOCUMENT. ANY REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE. THESE SECURITIES ARE SUBJECT TO RESTRICTIONS ON TRANSFERABILITY AND RESALE AND MAY NOT BE TRANSFERRED OR RESOLD EXCEPT AS PERMITTED BY SUBSECTION (e) OF SECURITIES AND EXCHANGE COMMISSION RULE 147, 17 CFR 230.147 (e), AS PROMULGATED PURSUANT TO THE FEDERAL SECURITIES ACT OF 1933, AS AMENDED, AND THE APPLICABLE STATE SECURITIES LAWS, PURSUANT TO REGISTRATION OR EXEMPTION THEREFROM. INVESTORS SHOULD BE AWARE THAT THEY WILL BE REQUIRED TO BEAR THE FINANCIAL RISKS OF THIS INVESTMENT FOR AN INDEFINITE PERIOD OF TIME.
(VII) The issuer shall require each purchaser to certify in writing or
electronically as follows:
I understand and acknowledge that I am investing in a high-risk, speculative business venture. I may lose all of my investment, or under some circumstances more than my investment, and I can afford this loss. This offering has not been reviewed or approved by any state or federal securities commission or division or other regulatory authority and no such person or authority has confirmed the accuracy or determined the adequacy of any disclosure made to me relating to this offering. The securities I am acquiring in this offering cannot be readily sold, are illiquid, there is no ready market for the sale of such securities, it may be difficult or impossible for me to sell or otherwise dispose of this investment, and, accordingly, I may be required to hold this investment indefinitely. I may be subject to tax on my share of the taxable income and losses of the company, whether or not I have sold or otherwise disposed of my investment or received any dividends or other distributions from the company.
(VIII) The issuer must obtain from each purchaser of a security offered
pursuant to the exemption provided by this section evidence that the purchaser is a resident of Colorado or, if the purchaser is an entity, is organized pursuant to the laws of Colorado and, if applicable, is an accredited investor.
(IX) All payments for purchase of securities offered pursuant to the
exemption provided by this section must be directed to and held by the depository institution specified in sub-subparagraph (D) of subparagraph (IV) of this paragraph (a). The securities commissioner may request from the depository institution information necessary to ensure compliance with this section. This information is not a public record and is not available for public inspection.
(X) The issuer of securities offered pursuant to the exemption provided by
this section must provide a disclosure document to each prospective purchaser at the time the offer of securities is made to the prospective purchaser that contains the information that the securities commissioner requires by rule.
(XI) All sales pursuant to an offering or single plan of financing pursuant to
the exemption provided by this section must meet all of the terms and conditions of this section. The exemption provided by this section shall not be used in conjunction with any other exemption pursuant to section 11-51-307, 11-51-308, or 11-51-309 during the immediately preceding twelve-month period.
(XII) The exemption provided by this section is not available if an issuer or a
person affiliated with the issuer or offering is subject to disqualification established by the securities commissioner by rule or contained in the securities and exchange commission's rule 506 (d) adopted pursuant to the federal Securities Act of 1933, 17 CFR 230.506 (d).
(XIII) An issuer of a security pursuant to this section shall provide, free of
charge, a quarterly report to the issuer's owners. An issuer may satisfy the reporting requirement of this subparagraph (XIII) by making the information available on a website operated by an online intermediary if the information is made available within forty-five days after the end of each fiscal quarter and remains available until the succeeding quarterly report is issued. An issuer shall file each quarterly report required pursuant to this subparagraph (XIII) with the division and, if the quarterly report is made available on a website operated by an online intermediary, the issuer shall also provide a written copy of the report to any owner upon request. The report must contain all the following:
(A) Compensation received by each director and executive officer, including
cash compensation earned since the previous report and on an annual basis and any bonuses, stock options, other rights to receive securities of the issuer or any affiliate of the issuer, or other compensation received; and
(B) An analysis by management of the issuer of the business operations and
financial condition of the issuer.
(XIV) The issuer may distribute a notice within Colorado that is limited to a
statement that the issuer is conducting an offering and that includes:
(A) The name of the online intermediary, sales representative, or licensed
broker-dealer through which the offering is being conducted; and
(B) A link directing the potential investor to the online intermediary's or
broker-dealer's website.
(b) An issuer may make an offering pursuant to the exemption provided by
this section through:
(I) A broker-dealer that is licensed pursuant to part 4 of this article with its
principal place of business in Colorado;
(II) A sales representative that is licensed pursuant to part 4 of this article; or
(III) An online intermediary that meets the requirements of paragraph (c) of
this subsection (3).
(c) (I) Before acting as an online intermediary for an offering pursuant to the
exemption provided by this section, the online intermediary must file a statement with the securities commissioner, accompanied by the filing fee established by the securities commissioner, that includes all the following:
(A) That the online intermediary consents to service of process in Colorado
pursuant to section 11-51-706;
(B) That the online intermediary will provide information with respect to the
offer of securities in Colorado only pursuant to the exemption provided by this section;
(C) The identity and location of, and contact information for, the online
intermediary, including the names and physical addresses of the officers, directors, managers, partners, and other persons who control the business decisions of the online intermediary;
(D) A statement that sets forth any changes to the information contained in
the original or any subsequently filed statement required by this subparagraph (I); and
(E) Notice of its intention to act as online intermediary for an offering, which
statement must be on such form as the securities commissioner requires.
(II) An online intermediary shall maintain records of all offers of securities
effected through its website and shall provide ready access to the records to the division, upon request. The records of an online intermediary required pursuant to this subparagraph (II) are subject to the reasonable periodic, special, or other examination or inspection by a representative of the securities commissioner, in or outside Colorado, as the securities commissioner considers necessary or appropriate in the public interest and for the protection of purchasers. An examination or inspection may be made at any time and without prior notice. The securities commissioner may copy, and remove for examination or inspection copies of, all records that the securities commissioner reasonably considers necessary or appropriate to conduct the examination or inspection. The securities commissioner may assess a reasonable charge for conducting an examination or inspection pursuant to this subparagraph (II). The securities commissioner may by rule require an online intermediary to:
(A) File with the securities commissioner specified financial and other
information;
(B) Make and maintain specified records and preserve such records for five
years or such other period as may be specified by rule; and
(C) Establish written supervisory procedures and a system for applying such
procedures that is reasonably expected to prevent and detect violations of this article.
(III) An online intermediary shall:
(A) Limit its offer of securities pursuant to the exemption provided by this
section to only Colorado residents as that term is defined in subsection (d) of the securities and exchange commission's rule 147, 17 CFR 230.147 (d);
(B) Not hold a financial interest in any issuer or be affiliated with or under
common control with an issuer whose securities appear on any website maintained for the offer of securities by the online intermediary; and
(C) Not be an owner of any issuer offering securities pursuant to the
exemption provided by this section.
(IV) An online intermediary shall not be compensated based on the amount
of securities sold. The fee that an online intermediary may charge an issuer for an offering of securities pursuant to the exemption provided by this section must be either:
(A) A fixed amount for each offering;
(B) A variable amount based on the length of time that the securities are
offered by the online intermediary; or
(C) A combination of the fixed and variable amounts.
(V) An online intermediary shall not identify, promote, or otherwise refer to
any individual security offered by it in any advertising for or on behalf of the online intermediary.
(VI) An online intermediary shall not engage in any other activities that the
securities commissioner, by rule, determines are prohibited by the online intermediary.
(VII) An online intermediary and a director, executive officer, general partner,
managing member, or other person with management authority over the online intermediary must not have been subject to any conviction, order, judgment, decree, or other action that would disqualify an issuer from claiming an exemption pursuant to rule 506 (a) to (d) adopted by the securities exchange commission pursuant to the federal Securities Act of 1933, 17 CFR 230.506 (a) to (d).
(4) Rules. The securities commissioner may adopt rules to:
(a) Implement or enforce this section or provide exceptions or waivers to the
requirements of this section; or
(b) Conform or add to the requirements of this section to accommodate the
requirements of federal law applicable to the offer or sale of a security by an issuer under this section.
Source: L. 2015: Entire section added, (HB 15-1246), ch. 98, p. 279, � 1,
effective August 5. L. 2016: (3)(a)(IV)(D), (3)(a)(IV)(F), and (3)(a)(IX) amended, (HB 16-1049), ch. 3, p. 5, � 1, effective March 9.
C.R.S. § 11-51-311
11-51-311. Coordination of exemptions. In furtherance of the policy stated in section 11-51-101 (3), the exemptions under sections 11-51-307 to 11-51-309 shall be coordinated with exemptions for securities and transactions under the federal Securities Act of 1933 so that an offering registered under the federal Securities Act of 1933 shall be subject to registration by filing under this article in the absence of an exemption under this article and so that an offering exempt from registration under the federal Securities Act of 1933, other than pursuant to the exemption for intrastate offerings, shall also be exempt from registration under this article. The securities commissioner shall make, amend, and rescind rules in order to effectuate such policy. Nothing in this section shall limit the powers or actions of the securities commissioner to make, amend, and rescind rules with regard to exemptions provided by sections 11-51-307 and 11-51-308 or added by section 11-51-309 but not contained in the federal Securities Act of 1933 or rules and regulations thereunder.
Source: L. 90: Entire article R&RE, p. 720, � 1, effective July 1.
Editor's note: This section is similar to former � 11-51-113 as it existed prior to
1990.
Cross references: For the Securities Act of 1933, see Pub.L. 73-22, codified
at 15 U.S.C. � 77a et seq.
PART 4
LICENSING AND REGULATION OF
BROKER-DEALERS AND SALES REPRESENTATIVES
C.R.S. § 11-51-401
11-51-401. Licensing and notice filing requirements. (1) A person shall not transact business in this state as a broker-dealer or sales representative unless licensed or exempt from licensing under section 11-51-402.
(1.5) A person with a place of business in this state shall not transact
business in this state as an investment adviser or investment adviser representative unless such person is licensed as such or exempt from licensing under section 11-51-402.
(1.6) A federal covered adviser either with a place of business in this state or
who employs or otherwise engages an individual with a place of business in this state to act as an investment adviser representative shall not transact business in this state as a federal covered adviser unless such adviser has filed with the securities commissioner the notice and fee required in sections 11-51-403 and 11-51-404.
(2) Neither a broker-dealer nor an issuer shall employ or otherwise engage
an individual to act as a sales representative in this state unless the sales representative is licensed or exempt from licensing under section 11-51-402.
(2.5) An investment adviser shall not employ or otherwise engage any
individual with a place of business in this state to act as an investment adviser representative in this state unless such individual is licensed in accordance with section 11-51-403 or is exempt from licensing under section 11-51-402 (1).
(3) No broker-dealer, investment adviser, or issuer shall employ or otherwise
engage a person to participate in any activity in this state contrary to an order by the securities commissioner applicable to that person under section 11-51-410. A broker-dealer, investment adviser, or issuer does not violate this subsection (3) if the broker-dealer, investment adviser, or issuer sustains the burden of proof that it did not know and in the exercise of reasonable care could not have known of the order. Upon request from a broker-dealer, investment adviser, or issuer and for good cause shown, the securities commissioner may waive the prohibition of this subsection (3) with respect to a person subject to an order under section 11-51-410.
(4) No person shall act as an investment adviser for a local government
investment pool trust fund under article 75 of title 24, C.R.S., unless the person has first notified the securities commissioner by filing the form prescribed by the securities commissioner.
Source: L. 90: Entire article R&RE, p. 720, � 1, effective July 1. L. 98: (1.5), (1.6),
(2.5), and (4) added and (3) amended, p. 550, � 4, effective January 1, 1999.
Editor's note: This section is similar to former � 11-51-105 as it existed prior to
1990.
Cross references: For provisions concerning the use of the term transacting
business in this state in subsections (1.5), (1.6), and (2.5) of this section, see � 11-51-102 (8); for the applicability of subsections (1) and (2), see � 11-51-102 (1) and (2).
C.R.S. § 11-51-402
11-51-402. Exempt broker-dealers, sales representatives - sanctions - exempt investment advisers and investment adviser representatives. (1) The following broker-dealers are exempt from the license requirement of section 11-51-401 (1):
(a) A broker-dealer who is registered as a broker-dealer under the federal
Securities Exchange Act of 1934 and has no place of business in this state if the business transacted in this state as a broker-dealer is exclusively with the following:
(I) Issuers in transactions involving their own securities;
(II) Other broker-dealers licensed or exempt from licensing under this article,
except when the broker-dealer is acting as a clearing broker-dealer for such other broker-dealers;
(III) Financial or institutional investors;
(IV) Individuals who are existing customers of the broker-dealer and whose
principal places of residence are not in this state;
(V) During any twelve consecutive months, not more than five persons in this
state, excluding persons described in subparagraphs (I) to (IV) of this paragraph (a);
(b) Other broker-dealers the securities commissioner by rule or order
exempts; and
(c) An online intermediary operating pursuant to section 11-51-308.5.
(2) The following sales representatives are exempt from the license
requirement of section 11-51-401 (1):
(a) A sales representative employed or otherwise engaged by a broker-dealer exempt under subsection (1) of this section;
(b) A sales representative employed or otherwise engaged by an issuer in
effecting transactions only in securities exempted by section 11-51-307 (1)(a) to (1)(d) or (1)(j);
(c) A sales representative employed by an issuer in effecting transactions
only with employees, partners, officers, or directors of the issuer or of a parent or subsidiaries of the issuer, if no commission or other similar compensation is paid or given directly or indirectly to the sales representative for soliciting an employee, partner, officer, or director in this state; and
(d) Other sales representatives the securities commissioner by rule or order
exempts.
(3) Any real estate broker or salesperson licensed pursuant to part 2 of
article 10 of title 12 who is trading only in securities comprised of notes, bonds, or evidences of indebtedness secured by mortgages or deeds of trust upon real estate, where the broker or salesperson acts as the agent for the buyer or seller of the real estate securing the note, bond, or evidence of indebtedness being traded and is neither the issuer nor affiliated with or under the direct or indirect control of the issuer or an affiliate of the issuer of the note, bond, or evidence of indebtedness, is exempt from the license requirement of section 11-51-401 (1).
(4) (a) The securities commissioner may by order revoke, suspend, or impose
conditions upon exemptions available pursuant to subparagraph (III) of paragraph (a) of subsection (1) of this section and paragraph (a) of subsection (2) of this section if the securities commissioner finds that a broker-dealer or sales representative who has an exemption pursuant to either of said sections offered or sold, other than in an unsolicited transaction, to a public entity in the state of Colorado a financial instrument that such broker-dealer or sales representative knew or should have known does not qualify for sale to the public entity pursuant to section 24-75-601.1, C.R.S., and that such action by the securities commissioner is in the public interest.
(b) Any proceeding concerning an order made pursuant to this subsection (4)
shall be conducted as a proceeding under section 11-51-606 (1), (2), (4), and (5).
(5) The following investment advisers with no place of business in this state
are exempt from the license requirement of section 11-51-401 (1.5):
(a) An investment adviser who:
(I) Is exempt from registration as an investment adviser pursuant to section
203 (b) of the federal Investment Advisers Act of 1940;
(II) Has only clients in this state that are: Other investment advisers; federal
covered advisers; broker-dealers; depository institutions; insurance companies; employee benefit plans with assets of not less than one million dollars; or other institutional investors other than any local government investment pool trust fund under article 75 of title 24, C.R.S., as are designated by rule or order of the securities commissioner; or
(III) During the preceding twelve-month period, has had not more than five
clients other than those specified in subparagraph (II) of this paragraph (a).
(b) The commissioner may by rule or order exempt other investment advisers
from the license requirement of section 11-51-401 (1.5).
(6) Investment adviser representatives employed by or otherwise associated
with an investment adviser exempt under subsection (5) of this section are exempt from the license requirement of section 11-51-401 (1.5).
Source: L. 90: Entire article R&RE, p. 721, � 1, effective July 1. L. 95: (4) added,
p. 773, � 2, effective May 24. L. 98: (5) and (6) added, p. 550, � 5, effective January 1, 1999. L. 99: (6) amended, p. 619, �10, effective August 4. L. 2003: (3) amended, p. 1988, � 23, effective May 22. L. 2015: IP(1), (1)(a)(V), and (1)(b) amended and (1)(c) added, (HB 15-1246), ch. 98, p. 287, � 3, effective August 5. L. 2019: (3) amended, (HB 19-1172), ch. 136, p. 1659, � 59, effective October 1.
Editor's note: This section is similar to former � 11-51-105 as it existed prior to
1990.
Cross references: For the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.; for the Investment Advisers Act of 1940,
see Pub.L. 76-768, codified at 15 U.S.C. � 80b-1 et seq.
C.R.S. § 11-51-403
11-51-403. Application for license - notice filing requirements. (1) An applicant for a license as a broker-dealer, sales representative, investment adviser, or investment adviser representative shall file with the securities commissioner or with the securities commissioner's designee an application for a license and the consent to service of process required by section 11-51-706. The application shall contain the information and be in the form the securities commissioner requires by rule. If the information contained in an application is inaccurate or incomplete in any material respect when the application is filed or becomes inaccurate or incomplete in any material respect as a result of any subsequent event, the applicant shall promptly file an amendment to the application to cure the inaccuracy or omission. The securities commissioner may require an applicant to submit additional information that is material to an understanding of information about the applicant available to the securities commissioner in the application or otherwise, and an application shall be incomplete until all additional information required by the securities commissioner has been submitted.
(2) The application requirement of subsection (1) of this section for broker-dealers and sales representatives is satisfied by an applicant who has filed and
maintains complete and current registration information with the securities and exchange commission, in the case of a broker-dealer, or a self-regulatory organization, in the case of a sales representative, if that registration information and the consent to service of process required by section 11-51-706 are provided to the securities commissioner through the central registration depository. Any additional information the securities commissioner may require from such an applicant pursuant to subsection (1) of this section must be material to an understanding of information about the broker-dealer or sales representative that is provided to the securities commissioner through the central registration depository.
(2.5) The application requirement of subsection (1) of this section for an
investment adviser and an investment adviser representative is satisfied by an applicant who has filed and maintains complete and current registration information with the investment adviser registration depository if that registration information and the consent to service of process required by section 11-51-706 are provided to the securities commissioner through the investment adviser registration depository. Any additional information the securities commissioner may require from such an applicant pursuant to subsection (1) of this section must be material to an understanding of information about the investment adviser or investment adviser representative that is provided to the securities commissioner through the investment adviser registration depository.
(3) (a) A federal covered adviser who, during any calendar year, either has a
place of business in this state or employs or engages an investment adviser representative with a place of business in this state shall file with the securities commissioner annually a consent to service of process and such documents as are filed by such adviser with the securities and exchange commission that the commissioner may require by rule or order.
(b) The notice filing requirement described in paragraph (a) of this
subsection (3) does not apply to any federal covered adviser who, during such calendar year, neither has a place of business in this state nor employs nor engages an investment adviser representative with a place of business in this state.
(c) A notice filing under this section shall be effective from its receipt by the
securities commissioner until December 31 of each year. Thereafter, it may be renewed annually until the following December 31 by filing with the securities commissioner a copy of such documents as are required pursuant to paragraph (a) of this subsection (3) and payment of a fee pursuant to section 11-51-404.
(4) Any person required to pay a fee under this section may transmit through
any designee of the securities commissioner any fee required by this section or by rules promulgated under this section.
Source: L. 90: Entire article R&RE, p. 722, � 1, effective July 1. L. 98: Entire
section amended, p. 551, � 6, effective April 30. L. 2001: (1) amended and (2.5) and (4) added, p. 15, � 2, effective March 9.
C.R.S. § 11-51-404
11-51-404. License and notice fees. (1) (a) An applicant for a license as a broker-dealer, sales representative, investment adviser, or investment adviser representative shall pay an initial license fee, and a licensed person shall pay an annual license fee, determined and collected by the division of securities pursuant to section 11-51-707.
(b) A federal covered adviser required to file an annual notice with the
securities commissioner pursuant to section 11-51-403 (3)(a) shall pay an annual notice fee that shall be determined and collected pursuant to section 11-51-707.
(2) If an annual license fee is not paid within ninety days after the application
is filed, the securities commissioner may deem the application to be withdrawn.
(3) (a) (I) If an annual license or notice fee is not paid within thirty days after
the securities commissioner sends a written notice that the fee was not paid when due, the amount of the annual license fee shall be double the amount originally payable.
(II) In the case of a broker-dealer, investment adviser, or federal covered
adviser, written notice is deemed sent when the notice is sent to the broker-dealer, investment adviser, or federal covered adviser.
(III) In the case of a sales representative, written notice is deemed sent to the
sales representative when the notice is sent to a broker-dealer or an issuer for whom the sales representative is licensed to act.
(IV) In the case of an investment adviser representative, written notice is
deemed sent when the notice is sent to the investment adviser or federal covered adviser for whom the investment adviser representative is licensed to act.
(b) (I) If an annual license or notice fee is not paid within sixty days after the
securities commissioner sends the written notice described in paragraph (a) of this subsection (3), the securities commissioner may by order summarily suspend the license or, in the case of a federal covered adviser, the authority to do business in this state.
(II) In the case of a broker-dealer, investment adviser, or federal covered
adviser, the securities commissioner shall send a copy of the order to the broker-dealer, investment adviser, or federal covered adviser whose license or authority to do business in this state has been summarily suspended.
(III) In the case of a sales representative who has been licensed to act for a
broker-dealer or an issuer and whose license has been summarily suspended, the securities commissioner shall send a copy of the order to a broker-dealer or an issuer for whom the sales representative has been licensed to act.
(IV) In the case of an investment adviser representative who has been
licensed to act for an investment adviser or federal covered adviser and whose license has been summarily suspended, the securities commissioner shall send a copy of the order to the investment adviser or federal covered adviser for whom the investment adviser representative has been licensed to act.
(4) If the annual license or notice fee is not paid within thirty days after the
effective date of an order of summary suspension, the securities commissioner may by order summarily revoke the license or authority to do business in this state on the grounds that the license or authority has been abandoned.
(5) If an application is denied or withdrawn, or a license or authority to do
business in this state is abandoned, revoked, suspended, or withdrawn, the securities commissioner shall retain all fees paid.
Source: L. 90: Entire article R&RE, p. 722, � 1, effective July 1. L. 98: Entire
section amended, p. 552, � 7, effective April 30. L. 2015: (1)(a) amended, (SB 15-104), ch. 177, p. 578, � 6, effective May 11.
Editor's note: This section is similar to former � 11-51-106 as it existed prior to
1990.
C.R.S. § 11-51-405
11-51-405. Examinations and alternate qualifications. (1) In the case of a license as a broker-dealer, if the applicant is not registered as a broker-dealer under the federal Securities Exchange Act of 1934, the securities commissioner may by rule require the successful completion of a standardized written examination by any individual who will have primary responsibility to supervise any licensed sales representative of the broker-dealer. In the case of an application for a license as a sales representative to act for a broker-dealer who is not registered as a broker-dealer under the federal Securities Exchange Act of 1934 or to act for an issuer, the securities commissioner may by rule require the successful completion of a standardized written examination by the applicant. Examinations may differ among classes of applicants. Any examination may be administered by the securities commissioner or any person the securities commissioner may designate.
(2) An applicant for a license as a broker-dealer or sales representative who
is a licensed real estate broker or salesperson pursuant to part 2 of article 10 of title 12 and whose securities activities in this state are limited to trading in securities comprised of notes, bonds, or other evidences of indebtedness secured by mortgages or deeds of trust upon real estate shall be excused from any examination requirement under subsection (1) of this section.
(3) In the case of a license as an investment adviser representative, the
securities commissioner may by rule require the successful completion of one or more standardized written examinations. Examinations may differ among classes of applicants. Any examination may be administered by the securities commissioner or any person the securities commissioner may designate.
(4) The securities commissioner may by rule designate other qualifications
and credentials that will be accepted in lieu of meeting the examination requirement set forth in subsection (3) of this section.
Source: L. 90: Entire article R&RE, p. 723, � 1, effective July 1. L. 98: (3) and
(4) added, p. 553, � 8, effective January 1, 1999. L. 2003: (2) amended, p. 1989, � 24, effective May 22. L. 2019: (2) amended, (HB 19-1172), ch. 136, p. 1659, � 60, effective October 1.
Editor's note: This section is similar to former � 11-51-106 (2.1) as it existed
prior to 1990.
Cross references: For the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.
C.R.S. § 11-51-406
11-51-406. General provisions. (1) (a) Unless a proceeding under section 11-51-410 is instituted, the license of a broker-dealer, sales representative, or investment adviser representative becomes effective upon the last to occur of the following:
(I) The passage of thirty days after the filing of the application or, in the
event any amendment is filed before the license becomes effective, the passage of thirty days after the filing of the latest amendment, if the application, including all amendments, if any, was complete at the commencement of the thirty-day period;
(II) The examination requirement under section 11-51-405 is satisfied;
(III) In the case of a broker-dealer, the requirements of section 11-51-407 are
satisfied; and
(IV) The required fee has been paid.
(b) The securities commissioner may authorize an earlier effective date of
licensing.
(c) A notice filing by a federal covered adviser becomes effective upon
receipt by the securities commissioner of the documents and fee required to be filed pursuant to sections 11-51-403 and 11-51-404.
(2) The securities commissioner may by rule or order, waive or reduce any of
the requirements of this section and sections 11-51-405 and 11-51-407 with respect to any person or class of persons and, in connection with the waiver or reduction of any requirement, may limit or impose conditions on the securities activities that such person or class of persons may conduct in this state.
(3) (a) The license of a sales representative is effective only with respect to
actions taken for a broker-dealer or issuer for whom the sales representative is licensed.
(b) The license of an investment adviser representative is effective only with
respect to actions taken for an investment adviser or federal covered adviser with whom such investment adviser representative is employed or otherwise associated with as shown in the most current information filed by or on behalf of such representative pursuant to section 11-51-403 or 11-51-407 (3).
(4) (a) A person may act as a sales representative for more than one broker-dealer or issuer.
(b) A person may act as an investment adviser representative for more than
one investment adviser or federal covered adviser and may also act as an investment adviser representative and a sales representative.
(5) (a) If a licensed sales representative ceases to be employed or otherwise
engaged by a broker-dealer or issuer or ceases to act as a sales representative, the broker-dealer or, in the case of a sales representative licensed to act for an issuer, the sales representative shall promptly notify the securities commissioner. A notification required by this subsection (5) may be given by a broker-dealer who is registered as a broker-dealer under the federal Securities Exchange Act of 1934 by filing the information through the central registration depository.
(b) If a licensed investment adviser representative ceases to be employed or
otherwise engaged by an investment adviser or federal covered adviser or ceases to act as an investment adviser representative, the investment adviser or federal covered adviser shall promptly notify the securities commissioner.
(6) The license of a broker-dealer, sales representative, or investment
adviser representative is effective until terminated by revocation or withdrawal.
Source: L. 90: Entire article R&RE, p. 723, � 1, effective July 1. L. 98: IP(1)(a),
(3), (4), (5), and (6) amended and (1)(c) added, p. 554, � 9, effective January 1, 1999.
Cross references: For the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.
C.R.S. § 11-51-407
11-51-407. Operating requirements. (1) (a) The securities commissioner may by rule require licensed broker-dealers who are not registered under the federal Securities Exchange Act of 1934:
(I) To satisfy specified minimum financial responsibility requirements;
(II) To file with the securities commissioner specified financial and other
information;
(III) To make and maintain specified records and to preserve such records for
five years or such other period as may be specified;
(IV) To establish written supervisory procedures and a system for applying
such procedures that is reasonably expected to prevent and detect violations of this article; and
(V) To acquire and keep in force a fidelity bond in such minimum amount and
covering such risks as may be specified.
(b) The securities commissioner may by rule require licensed investment
advisers whose principal office and place of business is in this state, and licensed investment advisers whose principal office and place of business is not in this state but that is either not licensed in the state where it maintains its principal office and place of business or not in compliance with such state's financial operating requirements or books and records requirements:
(I) To file with the securities commissioner specified financial and other
information;
(II) To make and maintain specified records and to preserve such records for
five years or such other period as may be specified; and
(III) To establish written supervisory procedures and a system for applying
such procedures that is reasonably expected to prevent and detect violations of this article.
(c) If a broker-dealer or investment adviser at any time knows, or has reason
to know, that it is not in compliance with any rule made by the securities commissioner under this subsection (1), the broker-dealer or investment adviser shall promptly notify the securities commissioner of all relevant facts.
(2) The securities commissioner may by rule require licensed broker-dealers
who are registered under the federal Securities Exchange Act of 1934 to make, maintain, and preserve specified records, but no rule made by the securities commissioner under this subsection (2) shall require any broker-dealer to make, maintain, or preserve any records other than those required to be made, maintained, and preserved under the federal Securities Exchange Act of 1934.
(3) (a) Every licensed broker-dealer, licensed investment adviser, and every
licensed sales representative shall file with the securities commissioner such information as may be necessary to correct any information in that person's application for license that is or has become inaccurate in any material respect. The requirements of this subsection (3) may be satisfied by a broker-dealer who is registered as a broker-dealer under the federal Securities Exchange Act of 1934 or by a sales representative licensed to act for such a broker-dealer by filing the correcting information through the central registration depository.
(b) A federal covered adviser who has filed the notice described in section 11-51-403 shall file with the securities commissioner a copy of each amendment filed
by such adviser with the securities and exchange commission at the time such amendment is filed with the securities and exchange commission.
(4) Every licensed broker-dealer who is not registered under the federal
Securities Exchange Act of 1934 shall at all times have in its employment one or more individuals who have passed the written examination required under section 11-51-405 for individuals with supervisory responsibility. Every licensed investment adviser shall at all times have one or more individuals employed or otherwise associated with the investment adviser designated as having supervisory responsibilities over the investment adviser representatives of such adviser. Such individual or individuals shall have primary responsibility to supervise all of the licensed sales representatives of the broker-dealer, or all of the licensed investment adviser representatives of the investment adviser, as the case may be, and, for the purposes of section 11-51-410, each such individual who is not a partner, officer, or director of the broker-dealer or investment adviser shall be deemed a person occupying a similar status or performing similar functions as a partner, officer, or director. A broker-dealer or investment adviser who is not in compliance with this subsection (4) shall promptly notify the securities commissioner of all relevant facts.
(5) No investment adviser with its principal office and place of business in
this state or investment adviser representative of a licensed investment adviser with a place of business in this state shall take or maintain custody or possession of any funds or securities in which any client of such person has any beneficial interest unless:
(a) All of the securities of each client are segregated, marked to identify the
particular client with any beneficial interest therein, and held in safekeeping in some place reasonably free from risk of loss, damage, or destruction; and
(b) (I) All of the funds of each client are deposited in one or more accounts,
containing only clients' funds, at a depository institution; and
(II) Each account is maintained in the name of the investment adviser or a
federal covered adviser as agent or trustee for such clients; and
(III) A separate record is maintained for each such account that shows the
name and address of the depository institution where the account is maintained, the dates and amounts of deposits to and withdrawals from the account, and the exact amount of each client's beneficial interest in the account; and
(c) Written notification is sent to the client giving the place and manner in
which the client's funds or securities will be maintained immediately after the investment adviser or investment adviser representative accepts custody or possession of such funds or securities from the client and thereafter, if and when there is any change in the place or manner, written notification is sent to the client explaining the change; and
(d) An itemized statement is sent to each client, at least once every three
months, that shows the client's funds and securities in the custody or possession of the investment adviser or investment adviser representative at the end of the period and all debits, credits, and transactions affecting the funds and securities during the period; and
(e) A certified public accountant or, with the prior written consent of the
client, a public accountant verifies all funds and securities of clients at least once during each calendar year through an actual examination. Such examination shall be at a time chosen by the accountant without prior notice to the investment adviser or investment adviser representative. The investment adviser shall file with the securities commissioner promptly after each such examination a certificate from the accountant in which such accountant avers to the commissioner that the accountant has performed an examination of the funds and securities accounts, and in which the accountant describes the nature and extent of the examination, and the results and conclusions reached.
(f) The investment adviser or investment adviser representative who has
custody of client funds or securities posts bonds in amounts and with conditions the securities commissioner may by rule prescribe, subject to the limitations of section 222 (c) of the federal Investment Advisers Act of 1940. Any equivalent deposit of cash or securities shall be accepted in lieu of any bonds so required. Every bond shall provide for suit thereon by any person who has a cause of action under section 11-51-604 (3) and (5).
Source: L. 90: Entire article R&RE, p. 724, � 1, effective July 1. L. 98: (1), (3),
and (4) amended and (5) added, p. 555, � 10, effective January 1, 1999.
Editor's note: This section is similar to former � 11-51-110 as it existed prior to
1990.
Cross references: For the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.; for the Investment Advisers Act of 1940,
see Pub.L. 76-768, codified at 15 U.S.C. � 80b-1 et seq.
C.R.S. § 11-51-408
11-51-408. Licensing of successor firms. (1) (a) A licensed broker-dealer or investment adviser may file an application for a license on behalf of a successor, whether or not the successor is in existence. If a broker-dealer or investment adviser succeeds to and continues the business of a licensed broker-dealer or investment adviser and the successor files an application for a license within thirty days after the succession, the license of the predecessor remains effective as the license of the successor for sixty days after the succession. An application filed pursuant to this subsection (1) must satisfy all requirements of an application under this article.
(b) A federal covered adviser may file a notice on behalf of a successor,
whether or not the successor is in existence.
(2) If a successor is licensed or authorized to do business in this state
pursuant to subsection (1) of this section, the license of each sales representative or investment adviser representative licensed to act for the predecessor shall remain effective as a license to act for the successor without a separate filing or payment of a separate fee.
Source: L. 90: Entire article R&RE, p. 725, � 1, effective July 1. L. 98: Entire
section amended, p. 558, � 11, effective January 1, 1999.
C.R.S. § 11-51-409
11-51-409. Access to records. (1) The securities commissioner, in a manner reasonable under the circumstances, may examine, without notice, the records, within or without this state, of a licensed broker-dealer or investment adviser that are required to be made and maintained pursuant to this article in order to determine compliance with this article. A licensed broker-dealer or investment adviser may maintain such records in any form of data storage if the records are readily accessible to the securities commissioner in legible form.
(2) The securities commissioner, in a manner reasonable under the
circumstances, may copy records required to be made and maintained under this article or require a licensed broker-dealer or investment adviser, at the expense of the broker-dealer or investment adviser, to copy such records and provide copies to the securities commissioner.
(3) The securities commissioner, in a manner reasonable under the
circumstances, may examine, without notice, the records, within or without this state, of a licensed sales representative or investment adviser representative that are made and maintained by the sales representative or investment adviser representative in the normal course of business in order to determine compliance with this article.
(4) The securities commissioner, in a manner reasonable under the
circumstances, may copy records made and maintained by a licensed sales representative or investment adviser representative in the normal course of business or require a licensed sales representative or investment adviser representative, at the sales representative's or investment adviser representative's expense, to copy such records and provide copies to the securities commissioner.
Source: L. 90: Entire article R&RE, p. 725, � 1, effective July 1. L. 98: Entire
section amended, p. 558, � 12, effective January 1, 1999.
Editor's note: This section is similar to former � 11-51-110 as it existed prior to
1990.
C.R.S. § 11-51-410
11-51-410. Denial, suspension, or revocation. (1) The securities commissioner may by order deny an application for a license, suspend or revoke a license, censure a licensed person, limit or impose conditions on the securities activities that a licensed person may conduct in this state, and bar a person from association with any licensed broker-dealer, investment adviser, or federal covered adviser in the conduct of its business in this state in such capacities and for such period as the order specifies. These sanctions may be imposed only if the securities commissioner makes a finding, in addition to the findings required by section 11-51-704 (2), that the applicant or licensed person or, in the case of a broker-dealer or investment adviser, a partner, officer, director, person occupying a similar status or performing similar functions, or person directly or indirectly controlling the broker-dealer or investment adviser:
(a) Has filed an application for a license with the securities commissioner
that, as of the effective date of the license or as of any date after filing in the case of an order denying effectiveness, was false or misleading as a result of an untrue statement of a material fact or an omission to state a material fact, unless the applicant sustains the burden of proof that the applicant did not know and in the exercise of reasonable care could not have known of the untruth or omission;
(b) Has willfully violated or willfully failed to comply with any provision of
this article or any rule or order under this article, except any rule that is subject to the additional findings required by paragraph (g) of this subsection (1);
(c) Within the past ten years, has entered a plea of guilty or nolo contendere
to, or has been convicted of, any felony, any misdemeanor involving a breach of fiduciary duty or fraud, or any misdemeanor in connection with a purchase or sale of a security;
(d) Is subject to a temporary or permanent injunction issued by a court of
competent jurisdiction in an action instituted by the securities commissioner, the securities agency or administrator of another state or a foreign jurisdiction, the securities and exchange commission, or the commodity futures trading commission, for violating any securities registration or broker-dealer, investment adviser, federal covered adviser, or similar license requirement in any federal, state, or foreign law or for engaging in fraudulent conduct;
(e) Is currently the subject of an order of the securities commissioner
denying, suspending, or revoking the person's license as a broker-dealer, investment adviser, sales representative, or investment adviser representative or barring the person from association with any licensed broker-dealer, investment adviser, or federal covered adviser;
(f) Is currently the subject of any of the following orders issued within the
past five years:
(I) An order by the securities agency or administrator of another state or a
foreign jurisdiction, entered after notice and opportunity for hearing and based upon fraudulent conduct, denying or revoking the person's license as a broker-dealer, investment adviser, sales representative, or investment adviser representative, or the substantial equivalent of those terms, or suspending or barring the right of the person to be associated with a broker-dealer, investment adviser, or federal covered adviser;
(II) An order by the securities and exchange commission, entered after notice
and opportunity for hearing, denying, suspending, or revoking the person's registration as a broker-dealer under the federal Securities Exchange Act of 1934 or as an investment adviser under the federal Investment Advisers Act of 1940 or suspending or barring the right of the person to be associated with a broker-dealer or investment adviser;
(III) An order by the commodity futures trading commission, entered after
notice and opportunity for hearing, denying, suspending, or revoking registration under the federal Commodity Exchange Act; or
(IV) A suspension or expulsion from membership in or association with a
member of a self-regulatory organization;
(g) Has willfully engaged in a course of conduct involving the violation of one
or more rules made by the securities commissioner that prohibit unfair and dishonest dealings by a broker-dealer or sales representative, including any rule that may be made to define conduct prohibited by section 11-51-501, if each such rule is based upon a finding, in addition to the findings required by section 11-51-704 (2), which finding itself must be based on information provided by broker-dealers and sales representatives at a hearing on the proposed rule, that licensed broker-dealers and sales representatives who will be required to comply with the rule generally agree that the conduct prohibited by the rule does not meet prevailing standards of fair and honest dealing within the securities industry and that it is reasonable to expect the rule will prevent or deter such conduct;
(h) In the case of a broker-dealer who is not registered under the federal
Securities Exchange Act of 1934, is not in compliance with of section 11-51-407 (4);
(i) Has failed reasonably to supervise, with a view to preventing violations of
this article, another person who is subject to the person's supervision and who commits such a violation, but for the purpose of this paragraph (i) no person shall be deemed to have failed to supervise another person if there existed established procedures, and a system for applying such procedures, which would reasonably be expected to prevent and detect, insofar as practicable, any such violation by such other person and such person reasonably discharged the duties and obligations incumbent upon such person by reason of such procedures and system without reasonable cause to believe that such procedures and system were not being complied with;
(j) Has ceased to do business as a broker-dealer, investment adviser, sales
representative, or investment adviser representative;
(k) Has offered or sold to a public entity in the state of Colorado a financial
instrument that such person knew or should have known does not qualify for sale to the public entity under section 24-75-601.1, C.R.S.;
(l) In the case of an investment adviser or investment adviser representative,
willfully has:
(I) Failed to provide a client with a written disclosure statement as required
pursuant to section 11-51-409.5; or
(II) Engaged in conduct contrary to one or more rules wherein the securities
commissioner prohibits dishonest or unethical conduct in connection with providing investment advisory services. This subparagraph (II) applies to an investment adviser representative employed by or affiliated with a federal covered adviser only to the extent permitted under the federal National Securities Markets Improvement Act of 1996. In the interests of uniformity, any rules promulgated pursuant to this subparagraph (II) shall be coordinated and consistent with the regulation of federal covered advisers by the securities and exchange commission under the federal Investment Advisers Act of 1940 and the rules promulgated pursuant to that act, and with the rules of other states regarding such conduct by investment advisers and investment adviser representatives, unless the securities commissioner makes the specific finding that to do so would be contrary to the public interest, the protection of investors and advisory clients in this state, and the purposes of this article.
(m) After notice and opportunity for a hearing, has been found within the
previous ten years:
(I) By a court with jurisdiction, to have wilfully violated the laws of a foreign
jurisdiction under which the business of securities, commodities, investment, franchises, insurance, banking, or finance is regulated;
(II) To have been the subject of an order of a securities regulator of a foreign
jurisdiction denying, revoking, or suspending the right to engage in the business of securities as a broker-dealer, agent, sales representative, investment adviser, investment adviser representative, or similar person; or
(III) To have been suspended or expelled from membership or participation in
a securities exchange or securities association operating under the securities laws of a foreign jurisdiction; or
(n) (I) Is not qualified because of training, experience, or knowledge of the
securities business; except that in the case of an applicant who is a sales representative for a broker-dealer that is a member of a self-regulatory organization or for an individual as an investment adviser representative, a denial order may not be based on this paragraph (n) if the applicant has successfully completed all examinations required by this article.
(II) The securities commissioner may require an applicant for a license
pursuant to section 11-51-403, who has not been registered or licensed in any state within the two years preceding the filing of an application in this state, to successfully complete an examination.
(2) The securities commissioner may not begin a proceeding under this
section against any person more than ninety days after a license has been issued to that person on the basis of a fact or transaction which the person shows was known to the securities commissioner when the license was issued or when any prior license of the same class was issued to that person if such prior license was not revoked on the basis, in whole or in part, of such fact or transaction.
(3) For good cause shown the securities commissioner may waive or modify
an order previously made under this section as it applies to any person with the consent of that person.
(4) The securities commissioner may suspend the license of a licensee
pursuant to a summary order issued under section 11-51-606 (4) and such order shall be valid pending a final determination in any proceeding brought pursuant to this section subject to any modification made to such order under section 11-51-606 (4)(c).
(5) Where a person is an applicant for a license, or is licensed by the
securities commissioner in more than one capacity, or both, and one or more grounds for sanction as set forth in subsection (1) of this section as they may apply to one application, license, or association with a broker-dealer, investment adviser, or federal covered adviser has been established either by findings of fact and conclusions of law or alleged before the securities commissioner on stipulation, the securities commissioner may impose one or more of such sanctions not only regarding the application, license, or association giving rise to the matter, but also upon any other application, license, or association under this section if the securities commissioner makes the additional findings that to do so is necessary and appropriate in the public interest and for the protection of investors.
Source: L. 90: Entire article R&RE, p. 726, � 1, effective July 1. L. 94: (1)(d) and
(1)(f)(I) amended and (4) added, p. 1839, � 4, effective July 1. L. 95: (1)(i) and (1)(j) amended and (1)(k) added, p. 774, � 3, effective May 24. L. 98: (1) amended and (5) added, p. 559, � 14, effective January 1, 1999. L. 2004: (1)(m) and (1)(n) added, p. 515, � 3, effective July 1.
Editor's note: This section is similar to former � 11-51-111 as it existed prior to
1990.
Cross references: For the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.; for the Investment Advisers Act of 1940,
see Pub.L. 76-768, codified at 15 U.S.C. � 80b-1 et seq.; for the Commodity Exchange Act, see Pub.L. 67-331, codified at 7 U.S.C. � 1 et seq.; for the National Securities Markets Improvement Act of 1996, see Pub.L. 104-290, 110 Stat. 3416.
C.R.S. § 11-51-412
11-51-412. Withdrawal. (1) An application for a license may be withdrawn without prejudice by the applicant upon written notice to the securities commissioner before the license becomes effective unless a proceeding under section 11-51-410 to deny the license is pending.
(2) Withdrawal from licensing as a broker-dealer, investment adviser, sales
representative, or investment adviser representative becomes effective thirty days after receipt by the securities commissioner of an application to withdraw, or at such earlier time as the securities commissioner may allow, unless:
(a) A proceeding under section 11-51-410 against the licensed person is
pending when the application is filed or is instituted within thirty days thereafter; or
(b) Additional information regarding the application is requested by the
securities commissioner within thirty days after the application is filed.
(3) If a proceeding is pending or instituted under subsection (2) of this
section, withdrawal becomes effective at the time and upon the conditions the securities commissioner by order determines. If additional information is requested, withdrawal is effective thirty days after the additional information is received by the securities commissioner. If no proceeding is pending or instituted under subsection (2) of this section and withdrawal becomes effective, the securities commissioner may institute a proceeding under section 11-51-410 within one year after withdrawal became effective and enter an order as of the last date on which licensing was effective.
(4) Unless another date is specified by the federal covered adviser,
withdrawal of a notice filing by a federal covered adviser becomes effective upon receipt by the securities commissioner of notice from such adviser of the withdrawal.
Source: L. 90: Entire article R&RE, p. 728, � 1, effective July 1. L. 98: (2)
amended and (4) added, p. 562, � 15, effective January 1, 1999.
PART 5
FRAUD AND OTHER
PROHIBITED CONDUCT
C.R.S. § 11-51-501
11-51-501. Fraud and other prohibited conduct. (1) It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly:
(a) To employ any device, scheme, or artifice to defraud;
(b) To make any untrue statement of a material fact or to omit to state a
material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or
(c) To engage in any act, practice, or course of business which operates or
would operate as a fraud or deceit upon any person.
(2) It is unlawful for a custodian of the funds or securities of a local
government investment pool trust fund organized under the provisions of part 7 of article 75 of title 24, C.R.S., to effect any transaction to relinquish possession of, distribute, expend, or transfer any of the assets of the trust fund without the prior written authorization of the board, except for:
(a) The purchase or sale of authorized investments or the exchange of such
assets for other assets of equal or greater value if such sale, purchase, or exchange is solely in the accounts of the trust fund;
(b) Distributions to participating local governments; or
(c) The payment of routine fees and expenses that have been authorized by
the board of trustees in the annual budget of the trust fund.
(3) It is unlawful for any investment adviser of a local government
investment pool trust fund organized under the provisions of part 7 of article 75 of title 24, C.R.S., to:
(a) Take custody or possession of the funds or securities of the trust fund;
(b) Act as a principal in any transaction in securities with the trust fund
unless the express prior written authorization of the board of trustees is obtained with regard to each such transaction and unless the transaction is effected without mark-up and at the fair market price of the securities purchased or sold; or
(c) Deposit, convey, or maintain the funds or securities of the trust fund in
any account that is in any other name than that of the trust fund.
(4) It is unlawful for any broker-dealer or financial institution acting in an
advisory capacity to a local government investment pool trust fund organized under the provisions of part 7 of article 75 of title 24, C.R.S., or any person employed by or directly associated with such broker-dealer or financial institution to:
(a) Act as a principal in any transaction in securities with the trust fund
unless the express prior written authorization of the board of trustees is obtained with regard to each such transaction and unless the transaction is effected without mark-up and at the fair market price of the securities purchased or sold; or
(b) Deposit, convey, or maintain the funds or securities of the trust fund in
any account that is in any other name than that of the trust fund.
(5) It is unlawful for any person who receives, directly or indirectly, any
consideration from another person for advising the other person as to the value of securities or of any purchase or sale thereof, whether through the issuance of analyses or reports or otherwise to:
(a) Employ any device, scheme, or artifice to defraud any client or
prospective client;
(b) Make an untrue statement of a material fact to any client or prospective
client or to omit to state to any client or prospective client any material fact necessary to make the statements made, in light of the circumstances under which they are made, not misleading, in the disclosure statement delivered to any client or prospective client pursuant to section 11-51-409.5 or a similar document under the federal Investment Advisers Act of 1940 or during the solicitation of any such client or otherwise in connection with providing investment advisory services; or
(c) Engage in any transaction, act, practice, or course of business that
operates or would operate as a fraud or deceit upon any client or prospective client or that is fraudulent, deceptive, or manipulative.
(6) It is unlawful for an investment adviser or investment adviser
representative acting as principal for such person's own account or on behalf of a third party to:
(a) Sell a security to a client without disclosing in writing pursuant to section
11-51-409.5 the capacity in which the investment adviser or investment adviser representative is acting before the completion of the transaction; or
(b) Fail to obtain the written consent of the client to such transaction after
disclosure has been made and before completion of the transaction.
(7) Nothing in subsection (5) or (6) of this section shall relieve an investment
adviser, federal covered adviser, or investment adviser representative of liability under any other subsection of this section.
Source: L. 90: Entire article R&RE, p. 728, � 1, effective July 1. L. 93: (2) to (4)
added, p. 326, � 2, effective July 1. L. 98: (5) to (7) added, p. 562, � 16, effective January 1, 1999.
Editor's note: This section is similar to former � 11-51-123 (1) as it existed prior
to 1990.
Cross references: For the applicability of this section, see � 11-51-102 (1), (2),
and (9); for the Investment Advisers Act of 1940, see Pub.L. 76-768, codified at 15 U.S.C. � 80b-1 et seq.
C.R.S. § 11-51-602
11-51-602. Enforcement by injunction. (1) Whenever it appears to the securities commissioner upon sufficient evidence satisfactory to the securities commissioner that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule or order under this article, the securities commissioner may apply to the district court of the city and county of Denver to temporarily restrain or preliminarily or permanently enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. If the action is against a broker-dealer, investment adviser, federal covered adviser, sales representative, or investment adviser representative and the court finds that such person has committed a violation of section 11-51-501, in addition to any other relief, the court may enter an order imposing such conditions on such person as the court deems appropriate. In any such action, the securities commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the securities commissioner to post a bond.
(2) The securities commissioner may include in any action authorized by
subsection (1) of this section, relating to any violation of section 11-51-301, 11-51-401, or 11-51-501, a claim for damages under section 11-51-604 or restitution, disgorgement, or other equitable relief on behalf of some or all of the persons injured by the act or practice constituting the subject matter of the action, if the applicable scienter standard of section 11-51-604 is met. No person shall be liable for damages or for restitution, disgorgement, or other equitable relief in any action authorized by subsection (1) of this section for a violation of section 11-51-301 due solely to a failure to file the prescribed notification of exemption or to pay the required exemption fee for an exemption under section 11-51-308 (1)(p).
Source: L. 90: Entire article R&RE, p. 730, � 1, effective July 1. L. 98: (1)
amended, p. 563, � 17, effective January 1, 1999.
Editor's note: This section is similar to former � 11-51-122 as it existed prior to
1990.
C.R.S. § 11-51-604
11-51-604. Civil liabilities. (1) Any person who sells a security in violation of section 11-51-301 is liable to the person buying the security from such seller for the consideration paid for the security, together with interest at the statutory rate from the date of payment, costs, and reasonable attorney fees, less the amount of any income received on the security, upon the tender of the security, or is liable for damages if the buyer no longer owns the security. Damages are deemed to be the amount that would be recoverable upon a tender, less the value of the security when the buyer disposed of it, and interest at the statutory rate from the date of disposition. No person is liable under this subsection (1) for a violation of section 11-51-301 due solely to a failure to file the prescribed notification of exemption or to pay the required exemption fee for an exemption under section 11-51-308 (1)(p).
(2) (a) Except as provided in paragraph (b) of this subsection (2), any broker-dealer or sales representative who sells a security in violation of section 11-51-401 is
liable to the person buying the security from such seller for the consideration paid for the security, together with interest at the statutory rate from the date of payment, costs, and reasonable attorney fees, less the amount of any income received on the security, upon the tender of the security, or is liable for damages if the buyer no longer owns the security. Damages are deemed to be the amount that would be recoverable upon a tender, less the value of the security when the buyer disposed of it, and interest at the statutory rate from the date of disposition.
(b) No broker-dealer or sales representative is liable under this subsection
(2) for a sale of a security exempt from registration under section 11-51-307 (1)(g) to (1)(j) or for a sale of a security in a transaction exempt from registration under section 11-51-308 (1)(a), (1)(e) to (1)(l), (1)(o), or (1)(p); but this paragraph (b) does not apply if at the time of such sale:
(I) In the case of a violation of section 11-51-401 arising from the failure of a
broker-dealer to be licensed under this article, such broker-dealer was registered as a broker-dealer under the federal Securities Exchange Act of 1934, licensed as a broker-dealer or its equivalent under the laws of another state, or held a limited license under this article; or
(II) In the case of a violation of section 11-51-401 arising from the failure of a
sales representative to be licensed under this article, such sales representative was licensed as a sales representative or its equivalent under the laws of another state, held a limited license under this article, or in connection with such sale was acting for a broker-dealer which was registered as a broker-dealer under the federal Securities Exchange Act of 1934, licensed as a broker-dealer or its equivalent under the laws of another state, or licensed under this article.
(2.5) An investment adviser or investment adviser representative who
violates section 11-51-401 is liable to each person to whom investment advisory services are provided in violation of such section in an amount equal to the greater of one thousand dollars or the value of all the benefits derived directly or indirectly from the relationship or dealings with such person prior to such time as the violation may be cured, together with interest at the statutory rate from the date of receipt of such benefits, costs, and reasonable attorney fees.
(2.6) An investment adviser or investment adviser representative who
provides investment advisory services to another person but who recklessly, knowingly, or with an intent to defraud fails to furnish to that person a written disclosure statement as required by section 11-51-409.5 is liable to such other person in an amount equal to one thousand dollars, the value of all benefits derived directly or indirectly from the relationship or dealings with such person, or for actual damages suffered by such other person, whichever is greatest, plus interest at the statutory rate, costs, reasonable attorney fees, or such other legal or equitable relief as the court may deem appropriate.
(3) Any person who recklessly, knowingly, or with an intent to defraud sells
or buys a security in violation of section 11-51-501 (1) or provides investment advisory services to another person in violation of section 11-51-501 (5) or (6) is liable to the person buying or selling such security or receiving such services in connection with the violation for such legal or equitable relief that the court deems appropriate, including rescission, actual damages, interest at the statutory rate, costs, and reasonable attorney fees.
(4) Any person who sells a security in violation of section 11-51-501 (1)(b)(the
buyer not knowing of the untruth or omission) and who does not sustain the burden of proof that such person did not know, and in the exercise of reasonable care could not have known, of the untruth or omission is liable to the person buying the security from such person, who may sue to recover the consideration paid for the security, together with interest at the statutory rate from the date of payment, costs, and reasonable attorney fees, less the amount of any income received on the security, upon the tender of the security, or is liable for damages if the buyer no longer owns the security. Damages are deemed to be the amount that would be recoverable upon a tender, less the value of the security when the buyer disposed of it, and interest at the statutory rate from the date of disposition.
(5) (a) Every person who, directly or indirectly, controls a person liable under
subsection (1), (2), (2.5), (2.6), or (3) of this section is liable jointly and severally with and to the same extent as such controlled person, unless the controlling person sustains the burden of proof that such person did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.
(b) Every person who, directly or indirectly, controls a person liable under
subsection (3) or (4) of this section is liable jointly and severally with and to the same extent as such controlled person, unless such controlling person sustains the burden of proof that such person acted in good faith and did not, directly or indirectly, induce the act or acts constituting the violation or cause of action.
(c) Any person who knows that another person liable under subsection (3) or
(4) of this section is engaged in conduct which constitutes a violation of section 11-51-501 and who gives substantial assistance to such conduct is jointly and severally liable to the same extent as such other person.
(6) Any tender specified in this section may be made at any time before entry
of judgment.
(7) Every cause of action under this article survives the death of any
individual who might have been a plaintiff or defendant.
(8) No person may sue under subsection (1), (2), (2.5), or (2.6) or paragraph (a)
of subsection (5) of this section more than two years after the contract of sale, or, as those provisions pertain to investment advisers, federal covered advisers, investment adviser representatives, and persons who provide investment advisory services, more than two years after the date of the violation. No person may sue under subsection (3) or (4) or paragraph (b) or (c) of subsection (5) of this section more than three years after the discovery of the facts giving rise to a cause of action under subsection (3) or (4) of this section or after such discovery should have been made by the exercise of reasonable diligence and in no event more than five years after the purchase or sale, or, as those provisions pertain to investment advisers, federal covered advisers, investment adviser representatives, and persons who provide investment advisory services, more than five years after the date of the violation.
(9) No buyer or seller of securities or recipient of investment advice may sue
under this section if:
(a) The buyer or seller of securities or recipient of investment advice
receives, before the action is commenced, documentation of:
(I) An offer stating how liability under this section may arise and fairly
advising the buyer or seller of securities or recipient of investment advice of that person's rights in connection with the offer and any information necessary, including financial, to correct any material misrepresentation or omission in the information that was required by this article to be furnished to the person at the time of the purchase, sale, or rendering of investment advice;
(II) If the basis for relief under this subsection (9) is for a violation of
subsection (1), (3), or (4) of this section and the person seeking recision is a buyer of securities:
(A) An offer to repurchase the security for cash, payable on delivery of the
security, in an amount equal to the consideration paid plus interest at the statutory rate from the date of the purchase less the amount of any income received on the security; or
(B) If the buyer no longer owns the security, an offer to pay the purchaser,
upon acceptance of the offer, damages in the amount that would be recoverable upon tender of the security less the value of the security when the buyer disposed of the security plus interest at the statutory rate from the date of the purchase, in cash, equal to the damages computed in the manner provided in this subparagraph (II);
(III) If the basis for relief under this subsection (9) is for a violation of
subsection (1), (3), or (4) of this section and the person seeking recision is a seller of securities:
(A) An offer to tender the security, on payment by the seller of an amount
equal to the purchase price paid, less income received on the security by the buyer, and interest at the statutory rate after the date of sale of the security to the buyer; or
(B) If the buyer no longer owns the security, an offer to pay the seller of the
security upon acceptance of the offer, in cash, damages in the amount of the difference between the price at which the security was purchased and the value the security would have had at the time of the purchase in the absence of the buyer's conduct that may have caused liability and interest at the statutory rate after the date of sale of the security by the seller to the buyer;
(IV) If the basis for relief under this subsection (9) is a violation of subsection
(2) of this section:
(A) If the person is a buyer, an offer to pay pursuant to subparagraph (II) of
this paragraph (a); or
(B) If the person is a seller of securities, an offer to tender or to pay as
specified in subparagraph (III) of this paragraph (a);
(V) If the basis for relief under this subsection (9) is a violation of subsection
(2.5) of this section, an offer to reimburse, in cash, the consideration paid for the advice and interest at the statutory rate from the date of the payment;
(VI) If the basis for relief under this subsection (9) is a violation of subsection
(2.6) of this section, an offer to reimburse, in cash, the consideration paid for the advice, the amount of any actual damages that may have been caused by the conduct, and interest at the statutory rate from the date of the violation causing the loss;
(b) The offer pursuant to paragraph (a) of this subsection (9) states that the
offer must be accepted by the buyer or seller of securities or recipient of investment advice within thirty days after the offer is mailed by the buyer or seller of securities or recipient of investment advice. The party seeking recision may request that the securities commissioner authorize a time period for acceptance that is less than thirty days but not less than three days. The securities commissioner shall have the authority to grant such change in the acceptance period.
(c) The offeror has the ability to pay the amount offered or to tender the
security under paragraph (a) of this subsection (9) at the time the offer is made;
(d) The offer pursuant to paragraph (a) of this subsection (9) is delivered to
the buyer or seller of securities or recipient of investment advice, or sent in a manner that ensures receipt by the buyer or seller of securities or recipient of investment advice; or
(e) The buyer or seller of securities or recipient of investment advice who
accepts the offer made pursuant to paragraph (a) of this subsection (9) is paid in accordance with the terms of the offer.
(10) No person who has made or engaged in the performance of any contract
in violation of any provision of this article or any rule or order under this article or who has acquired any purported right under any such contract with knowledge of the facts by reason of which the making or performance of any such contract was in violation may base any suit on the contract.
(11) Any condition, stipulation, or provision binding any person acquiring or
disposing of any security to waive compliance with any provision of this article or any rule or order under this article is void.
(12) The rights and remedies provided by this article may be pleaded and
proved in the alternative and are in addition to any other rights or remedies that may exist at law or in equity, but this article does not create any cause of action not specified in this section or section 11-51-602.
(13) Any person liable under this section may seek and obtain contribution
from other persons liable under this section, directly or indirectly, for the same violation. Contribution shall be awarded by the court in accordance with the actual relative culpabilities of the various persons so liable.
(14) In the case of a willful violation of or a willful refusal to comply with or
obey an order issued by the securities commissioner to any person pursuant to section 11-51-410 or 11-51-606, the district court of the city and county of Denver, upon application by the securities commissioner, may issue to the person an order requiring that person to appear before the court regarding such violation or refusal. If the securities commissioner establishes by a preponderance of the evidence that the person willfully violated or willfully refused to comply with or obey the order, the court may impose legal and equitable sanctions as are available to the court in the case of contempt of court and as the court deems appropriate upon such person.
Source: L. 90: Entire article R&RE, p. 731, � 1, effective July 1. L. 94: (14)
added, p. 1840, � 6, effective July 1. L. 98: (2.5) and (2.6) added and (3), (5)(a), and (8) amended, p. 564, � 18, effective January 1, 1999. L. 2004: (9) amended, p. 515, � 4, effective July 1.
Editor's note: This section is similar to former � 11-51-125 as it existed prior to
1990.
Cross references: For the applicability of this section, see � 11-51-102 (7); for
the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.
C.R.S. § 11-51-606
11-51-606. Conduct of proceedings - cease-and-desist orders - consent orders - summary orders - issued by securities commissioner - rules. (1) Any administrative proceeding under this article shall be conducted pursuant to the provisions of sections 24-4-104 and 24-4-105, C.R.S.; except that section 24-4-104 (3), C.R.S., shall not apply to any proceeding conducted pursuant to this article. Except as specified in paragraph (d) of subsection (1.5) or paragraph (e) of subsection (3) of this section, the securities commissioner shall refer the conduct of all hearings to an administrative law judge appointed pursuant to part 10 of article 30 of title 24, C.R.S., or a panel of the securities board in the discretion of the securities commissioner, based upon the complexity of the matter, number of parties to the matter, and legal issues presented in the matter. Every hearing in an administrative proceeding shall be public unless the securities commissioner, in the securities commissioner's discretion, grants a request joined in by all the respondents that the hearing be conducted privately.
(1.5) (a) Whenever it appears to the securities commissioner, based upon
sufficient evidence as presented in a petition by an officer or employee of the division of securities, that a person has committed or may commit any of the acts or practices listed in paragraph (b) of this subsection (1.5), then, in addition to any specific powers granted under this article, the securities commissioner, in his or her discretion, may issue to such person an order to show cause why the securities commissioner should not enter a final order directing such person to cease and desist from the unlawful act or practice, or impose such other sanctions as provided in subparagraph (IV) of paragraph (d) of this subsection (1.5). The securities commissioner shall, within two calendar days, notify the chairperson of the securities board or an administrative law judge that an order to show cause has been issued, and the chairperson or administrative law judge shall set a date for hearing on such order before the securities board or administrative law judge as provided in paragraph (d) of this subsection (1.5).
(b) The securities commissioner may take action pursuant to paragraph (a) of
this subsection (1.5) with regard to any of the following acts or practices:
(I) The sale of a security is subject to registration under this article and the
security is being offered or has been offered or sold in violation of section 11-51-301, or any rule or order under said section;
(II) Any person has engaged or is about to engage in the offer or sale of a
security or any other act or practice in violation of section 11-51-401 or any rule or order under said section;
(III) Any person has engaged or is about to engage in the offer or sale of a
security or any other act or practice in violation of section 11-51-501 or any rule or order under said section;
(IV) Any person has engaged or is about to engage in any act or practice in
violation of any provision of article 53 of this title; or
(V) Any person has violated or is about to violate any order previously
entered by the securities commissioner.
(c) Any person against whom an order to show cause has been entered
pursuant to paragraph (a) of this subsection (1.5) shall be promptly notified by the securities division of the entry of the order, along with a copy of the order, the factual and legal basis for the order, and the date set by the chairperson of the securities board or an administrative law judge for hearing on such order. Such notice may be served by United States mail, postage prepaid, to the last-known address of such person, by personal service, by facsimile transmission, or as may be practicable upon any person against whom such order is entered. Mailing or facsimile transmission of an order or other documents under this subsection (1.5), or personal service of such orders or documents, shall constitute notice thereof to the person.
(d) (I) The hearing on an order to show cause shall be commenced no sooner
than ten nor later than twenty-one calendar days following the date of transmission or service of the notification by the securities division as provided in paragraph (c) of this subsection (1.5). The hearing may be continued by agreement of all of the parties based upon the complexity of the matter, number of parties to the matter, and legal issues presented in the matter, but in no event shall the hearing commence later than thirty-five calendar days following the date of transmission or service of the notification.
(II) If a person against whom an order to show cause entered pursuant to
paragraph (a) of this subsection (1.5) does not appear at the hearing, the securities division may present evidence that notification was properly sent or served upon such person pursuant to paragraph (c) of this subsection (1.5) and such other evidence related to the matter as the securities board or administrative law judge deems appropriate. In the case where such person does not appear, the securities commissioner may not issue an order unless there is a finding by the securities board or administrative law judge that there is a reasonable basis to believe such notification was actually received or served, or, after reasonable search by the securities division, the person against whom the order was entered cannot be located. The securities commissioner shall enter such order within ten days after his or her determination related to reasonable attempts of notification of the respondent, and the order shall become final as to that person by operation of law.
(III) At any hearing pursuant to this paragraph (d), the securities board or
administrative law judge shall take evidence and hear arguments from the securities division and the person against whom the order to show cause has been entered, pursuant to such rules and procedures as may be adopted by the securities commissioner. Based on the evidence entered and arguments heard at the hearing, the securities board or administrative law judge shall enter findings of fact, conclusions of law, and an initial decision recommending to the securities commissioner that a final order be entered affirming, denying, vacating, or otherwise modifying the order to show cause. The initial decision shall be issued within ten days after the conclusion of the hearing provided pursuant to this paragraph (d) and shall be promptly delivered to the securities commissioner.
(IV) If the securities commissioner reasonably finds that the person against
whom the order to show cause was entered has engaged, or is about to engage, in acts or practices constituting violations as set forth in paragraph (b) of this subsection (1.5) and makes the findings required by section 11-51-704 (2), he or she may issue a final cease-and-desist order imposing one or more of the following sanctions:
(A) Directing such person to cease and desist from further unlawful acts or
practices;
(B) Censuring the person, if the person is a licensed broker-dealer, sales
representative, investment adviser, or investment adviser representative; or
(C) Requiring such person to undertake or comply with conditions or
limitations placed upon the activities, functions, or operations of such person, within such reasonable time period as may be imposed by the securities commissioner.
(V) The securities commissioner shall provide notice of the final order within
ten calendar days after receiving the initial decision, in the manner set forth in paragraph (c) of this subsection (1.5), to each person against whom such order has been entered. The final order entered pursuant to subparagraph (IV) of this paragraph (d) shall be effective when issued, and shall be a final order for purposes of judicial review pursuant to section 11-51-607.
(2) (a) Whenever it appears to the securities commissioner, based upon
sufficient evidence presented to the securities commissioner in a stipulation between an officer or employee of the division of securities and any person, that such person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article, any rule promulgated pursuant to this article, or any order issued under this article, or any act or practice constituting grounds for administrative sanction under this article, the securities commissioner may issue a consent order against such person.
(b) In any consent order issued pursuant to this subsection (2), the securities
commissioner may:
(I) Prohibit the respondent from any further violation of any provision, rule, or
order under this article that is alleged in the stipulation to have been violated or from engaging in the conduct alleged in the stipulation as grounds for sanction under this article; and
(II) Impose conditions, limitations, or sanctions as stipulated.
(3) (a) If it appears to the securities commissioner, based upon sufficient
evidence as presented in a petition by an officer or employee of the division of securities, that, in the case of a registration statement subject to the escrow provisions in section 11-51-302 (5) or (6), there has been a violation of such escrow provisions, or, in the case of any registration statement under section 11-51-304, any of the grounds specified in section 11-51-306 (1) exist, the securities commissioner may enter a summary stop order postponing or suspending the effectiveness of the registration statement.
(b) If it appears to the securities commissioner, based upon sufficient
evidence as presented in a petition by an officer or employee of the division of securities, that sufficient grounds exist under section 11-51-310 (1), the securities commissioner may enter a summary order under section 11-51-310 (1)(b) suspending the exemption from securities registration under section 11-51-307 (1)(g) as to a specified security or issuer pending final determination of a proceeding under that section.
(c) No summary order may be entered pursuant to this subsection (3) unless
the securities commissioner determines, in addition to the findings required under section 11-51-704 (2), that immediate issuance of such summary order is imperatively necessary for the protection of investors. An order issued pursuant to this subsection (3) is effective when entered and shall be accompanied by a brief statement of findings of fact and conclusions of law.
(d) Upon entering a summary order, the securities commissioner shall
promptly notify each person against whom it has been entered of its entry and the basis therefor by providing to each such person at such person's last-known mailing address a copy of the order and the accompanying findings of fact and conclusions of law.
(e) (I) Any person against whom a summary stop order or summary order
suspending exemption has been entered may make a written request to the securities commissioner that the matter be set for a hearing if such request is made within twenty-one calendar days after the date of entry of the order. Upon receipt of such request, the securities commissioner shall notify the chairperson of the securities board, and the chairperson shall set a date for a hearing within twenty-one days to determine whether to continue the summary order.
(II) Any such hearing before the securities board shall be conducted
pursuant to the provisions of section 24-4-105, C.R.S. Following the hearing, the securities board shall issue its initial decision, accompanied by findings of fact and conclusions of law. The securities commissioner shall then enter a decision that shall be a final order for purposes of judicial review pursuant to section 11-51-607.
(III) If the securities commissioner does not receive a request for a hearing
pursuant to subparagraph (I) of this paragraph (e), the order shall become final twenty-one calendar days after the entry of such order.
(4) (a) If it appears to the securities commissioner, based upon sufficient
evidence as presented in a petition by an officer or employee of the division of securities, that any of the grounds specified in section 11-51-410 (1) exist as to any licensed person or, in the case of a licensed broker-dealer, a partner, officer, director, person occupying a similar status or performing similar functions, or a person directly or indirectly controlling a broker-dealer, the securities commissioner may issue to such person an order to show cause why the securities commissioner should not summarily suspend the license of that person or limit or impose conditions on the securities activities of that person pending final determination of a proceeding under sections 24-4-104 and 24-4-105, C.R.S. The securities commissioner shall promptly notify the chairperson of the securities board that an order to show cause has been issued, and the chairperson shall set a date for hearing on such order before the securities board.
(b) Any person against whom an order to show cause has been entered shall
be promptly notified by the securities division of the entry of such order and the basis therefor. Such notice shall include a copy of the order, and shall include the date set by the chairperson of the securities board for hearing on such order. In the case of a broker-dealer, the notification shall be sent both to the broker-dealer's last-known mailing address and, if different, the most current mailing address the broker-dealer has on file with the securities commissioner as required in section 11-51-407 (3). In the case of a sales representative, notification shall be sent to the sales representative's last-known mailing address, the most current mailing address the sales representative has on file with the securities commissioner as required in section 11-51-407 (3), and the last-known mailing address of the broker-dealer or issuer for which the sales representative is licensed to act.
(c) (I) The hearing on the order to show cause shall be commenced no sooner
than seven, nor later than twenty, calendar days following the date of transmission of notification of the respondent by the division of securities as provided in paragraph (b) of this subsection (4).
(II) The securities board shall take evidence and hear arguments from the
securities division and the respondent. If the respondent does not appear, the securities division may provide evidence that notification was promptly sent by the securities division to the respondent pursuant to paragraph (b) of this subsection (4). In the case where the respondent does not appear, the securities commissioner may not issue an order unless there is a finding by the securities board that there is reasonable basis to believe the respondent either received actual notice, or, after reasonable search by the securities division, cannot be located.
(III) Based on the evidence entered and arguments heard at the hearing, the
securities board shall enter findings of fact, conclusions of law, and its initial decision recommending to the securities commissioner that an order be entered either denying the petition of the securities division for summary order or suspending the license of that person or otherwise limiting or imposing conditions on the securities activities of that person pending final determination of a proceeding under sections 24-4-104 and 24-4-105, C.R.S. Exceptions to the initial decision of the securities board must be filed with the securities commissioner within ten calendar days of the date of entry of such order. The securities commissioner shall then issue an order, which shall be a final order for purposes of judicial review pursuant to section 11-51-607.
(d) Any order entered under paragraph (c)(III) of this subsection (4)
suspending a license or otherwise limiting or imposing conditions on the securities activities of the licensed person shall remain in effect during the pendency of a proceeding under sections 24-4-104 and 24-4-105, C.R.S., unless vacated or modified on judicial review pursuant to section 11-51-607 or by subsequent order of the securities commissioner after notice and opportunity for hearing.
(5) No order under subsection (3)(b), (3)(c), or (4)(a) of this section may be
entered by the securities commissioner unless a proceeding under sections 24-4-104 and 24-4-105, C.R.S., either has been commenced, or is commenced promptly following or contemporaneously with the entry of such an order.
(6) The securities commissioner may promulgate a rule that defines what
constitutes prompt filing and notification pursuant to this section.
Source: L. 90: Entire article R&RE, p. 734, � 1, effective July 1. L. 94: Entire
section amended, p. 1841, � 7, effective July 1. L. 2001: (1) amended and (1.5) added, p. 800, � 1, effective July 1. L. 2004: (1), (1.5)(a), (1.5)(c), and (1.5)(d) amended and (6) added, pp. 517, 519, �� 5, 6, effective July 1.
C.R.S. § 11-51-802
11-51-802. Savings provisions. (1) Except as otherwise provided in this section, articles 51 and 52 of this title, as said articles existed prior to July 1, 1990, exclusively govern all suits, actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring prior to July 1, 1990; except that no civil suit or action may be maintained to enforce any liability under such prior law unless brought within any period of limitation which applied when the cause of action accrued.
(2) All registrations of securities under such prior law in effect immediately
prior to July 1, 1990, shall remain in effect after said date subject to revocation, termination, or withdrawal as provided under such prior law and subject to all administrative orders and all conditions relating to such registrations as were in effect under such prior law.
(3) Such prior law applies to any offer to sell or sale made no later than
January 1, 1991, pursuant to an offering begun in good faith before July 1, 1990, on the basis of an exemption available under said prior law.
(4) (a) Every person registered or exempt from registration as a broker,
dealer, principal, or representative under articles 51 and 52 of this title, as said articles existed prior to July 1, 1990, shall be automatically licensed as a broker-dealer or sales representative, as the case may be, under this article on July 1, 1990, subject to all fines, censures, suspensions, revocations, conditions, or limitations imposed upon or in connection with such registration or exemption or upon such person, as if imposed upon or in connection with a license under this article, so long as such sanctions would have remained in effect under articles 51 and 52 of this title, as said articles existed prior to July 1, 1990. Such sanctions shall continue to be governed by such prior law.
(b) There are no grounds for the denial of automatic licensing under
paragraph (a) of this subsection (4). After July 1, 1990, every person automatically licensed under paragraph (a) of this subsection (4) shall comply with the provisions of this article as if such person's license had been originally obtained by application under the provisions of this article.
(c) No proceeding under section 11-51-410 may be initiated by the securities
commissioner against any person who is licensed pursuant to paragraph (a) of this subsection (4) if the proceeding is based upon:
(I) Any plea, conviction, decree, order, or other action described in section 11-51-410 (1)(c) to (1)(f) entered or imposed prior to July 1, 1990; or
(II) Any act or course of conduct within section 11-51-410 (1)(a), (1)(b), (1)(g),
(1)(i), or (1)(j) initiated and concluded prior to July 1, 1990.
(d) Nothing in this subsection (4) limits the authority of the securities
commissioner or any hearing officer, administrative law judge, or court to consider any event or circumstance which has occurred or existed prior to July 1, 1990:
(I) In connection with any proceeding or action other than a proceeding under
section 11-51-410; or
(II) Solely in connection with a determination of appropriate sanctions in a
proceeding under section 11-51-410 which is based upon:
(A) Any plea, conviction, decree, order, or other action described in section
11-51-410 (1)(c), (1)(d), (1)(e), or (1)(f) entered or imposed on or after July 1, 1990; or
(B) Any act or course of conduct within section 11-51-410 (1)(a), (1)(b), (1)(g),
(1)(h), (1)(i), or (1)(j) concluded on or after July 1, 1990.
(e) Nothing in this subsection (4) limits the authority of the securities
commissioner to initiate a proceeding under section 11-51-410 with regard to:
(I) Any plea, conviction, decree, order, or other action described in section 11-51-410 (1)(c) to (1)(f) entered or imposed on or after July 1, 1990, without regard for
when the underlying act or conduct was initiated or concluded; or
(II) Any act or course of conduct within section 11-51-410 (1)(a), (1)(b), (1)(g),
(1)(h), (1)(i), or (1)(j) concluded on or after July 1, 1990, without regard for when such act or conduct was initiated.
(f) Any administrative action by the securities commissioner under articles 51
and 52 of this title, as said articles existed prior to July 1, 1990, initiated or pending prior to July 1, 1990, against an applicant for registration, or a person registered or exempt from registration, as a broker, dealer, principal, financial principal, representative, or financial representative shall be governed by such prior law; except that as of July 1, 1990, such action shall be construed as an action under section 11-51-410 either to deny an application for a license or to impose sanctions against a licensed person, as the case may be, and the sanctions provided under section 11-51-410 shall apply.
(5) (a) Any person with a place of business in this state who is registered with
the securities and exchange commission as an investment adviser under the federal Investment Advisers Act of 1940, who is exempt from registration as an investment adviser pursuant to section 203 (b) of said act, or who is registered as an investment adviser in any other state, and who, prior to January 1, 1999, has filed an application and paid the appropriate fee in compliance with the requirements set forth in sections 11-51-403 and 11-51-404, shall be licensed automatically as an investment adviser under this article effective January 1, 1999.
(b) Any individual with a place of business in this state who is associated
either with a federal covered adviser, or an investment adviser licensed automatically pursuant to paragraph (a) of this subsection (5), and regarding whom, prior to or on January 1, 1999, an application has been filed and the appropriate fee paid in compliance with the requirements set forth in sections 11-51-403 and 11-51-404, shall be licensed automatically as an investment adviser representative for such federal covered adviser or investment adviser under this article, effective January 1, 1999. Automatic licensing under this paragraph (b) is unavailable to any individual who is the subject of any plea, conviction, decree, order, or other action described in section 11-51-410 (1)(c) to (1)(f) entered or imposed prior to January 1, 1999, or is currently the subject of a proceeding in which any of the sanctions set forth in such paragraphs could be imposed.
(c) After January 1, 1999, no proceeding under section 11-51-410 may be
initiated by the securities commissioner against any person who is licensed automatically pursuant to paragraph (a) or (b) of this subsection (5) if the proceeding is based upon:
(I) Any plea, conviction, decree, order, or other action described in section 11-51-410 (1)(c) to (1)(f) entered or imposed prior to January 1, 1999; or
(II) Any act or course of conduct within section 11-51-410 (1)(a), (1)(b), (1)(g),
(1)(h), (1)(i), or (1)(j) initiated and concluded prior to January 1, 1999.
(d) Nothing in this subsection (5) limits the authority of the securities
commissioner or any hearing officer, administrative law judge, or court to consider any event or circumstance that has occurred or existed prior to January 1, 1999:
(I) In connection with any proceeding or action other than a proceeding under
section 11-51-410; or
(II) Solely in connection with a determination of appropriate sanctions in a
proceeding under section 11-51-410 based upon:
(A) Any plea, conviction, decree, order, or other action described in section
11-51-410 (1)(c) to (1)(f) entered or imposed on or after January 1, 1999; or
(B) Any act or course of conduct within section 11-51-410 (1)(a), (1)(b), (1)(g),
(1)(h), (1)(i), or (1)(j) concluded on or after January 1, 1999.
(e) Nothing in this subsection (5) limits the authority of the securities
commissioner to initiate a proceeding under section 11-51-410 with regard to:
(I) Any plea, conviction, decree, order, or other action described in section 11-51-410 (1)(c) to (1)(f) entered or imposed on or after January 1, 1999, without regard
for when the underlying act or conduct was initiated or concluded; or
(II) Any act or course of conduct within section 11-51-410 (1)(a), (1)(b), (1)(g),
(1)(h), (1)(i), or (1)(j) concluded on or after January 1, 1999, without regard for when such act or conduct was initiated.
Source: L. 90: Entire article R&RE, p. 738, � 1, effective July 1. L. 98: (5)
added, p. 565, � 19, effective January 1, 1999.
Editor's note: This section is similar to former � 11-51-128 as it existed prior to
1990.
Cross references: For the Investment Advisers Act of 1940, see Pub.L. 76-768, codified at 15 U.S.C. � 80b-1 et seq.
C.R.S. § 11-51-906
11-51-906. Reports to securities commissioner. (1) A local government investment pool trust fund shall inform the securities commissioner of any material change regarding the administrator, investment adviser, broker-dealer, or financial institution acting in an advisory capacity, or custodian of the trust fund within ten days of such change.
(2) (a) The board of trustees of a local government investment pool trust
fund shall file quarterly reports with the securities commissioner in the form prescribed by the securities commissioner.
(b) Such reports shall demonstrate that the trust fund is in full compliance
with the provisions of part 7 of article 75 of title 24, C.R.S., as amended.
(c) The information to be provided in such quarterly reports may include, but
need not be limited to:
(I) The identity of the participating local governments;
(II) The amount of participation of each such participating local government;
and
(III) The total assets of the trust fund.
(d) In addition to the quarterly reports required in paragraph (a) of this
subsection (2), the securities commissioner may, by rule or order, require the board of trustees of a local government investment pool trust fund to file such other periodic reports with the securities commissioner as are necessary to demonstrate that the trust fund is in full compliance with the provisions of part 7 of article 75 of title 24, C.R.S., as amended.
(3) The financial statements of a local government investment pool trust
fund shall be prepared in accordance with generally accepted accounting principles except as the securities commissioner may otherwise provide by rule or order.
(4) (a) A local government investment pool trust fund shall file with the
securities commissioner an annual audit of the trust fund to be completed at least annually, but at intervals of not more than fifteen months, performed by an independent certified public accountant.
(b) The securities commissioner may, by rule or order, provide that such
audits include safeguards to ensure that they adequately describe the financial condition of the trust fund.
(c) Such audit shall be completed and submitted to the securities
commissioner within the time lines the securities commissioner by rule or order prescribes.
(d) Such audit shall include, but need not be limited to, the following
information:
(I) The name and address of each custodian holding or which at any time
since the last annual audit held any assets of the trust fund;
(II) The amount and description of the assets of the trust fund on deposit
with or otherwise in the custody of each such custodian; and
(III) Any other information the securities commissioner prescribes by rule or
order.
(e) Every filing of the annual audit required under this subsection (4) shall be
accompanied by a fee, which shall be determined and collected pursuant to section 11-51-707; except that no such annual fee shall be more than two thousand dollars.
Source: L. 93: Entire part added, p. 329, � 4, effective July 1.
C.R.S. § 11-51-907
11-51-907. Access to records. (1) The securities commissioner, in a manner reasonable under the circumstances, may examine, without notice, any accounts held by a custodian on behalf of a local government investment pool trust fund and all books, records, and papers pertaining thereto, and all accounts, books, records, and papers pertaining thereto, within or without this state, in the possession of any administrator, the board of trustees, any investment adviser of or broker-dealer or financial institution acting in an advisory capacity to the trust fund, any person employed by or directly associated with such broker-dealer or financial institution in connection with providing such advisory services, or any investment adviser representative.
(2) The securities commissioner, in a manner reasonable under the
circumstances, may copy, or cause to be copied, or request from and shall receive copies of such documents as are made and maintained by the custodians, administrator, board of trustees, investment adviser of or broker-dealer or financial institution acting in advisory capacity to the trust fund, any person employed by or directly associated with such broker-dealer or financial institution in connection with providing such advisory services, or any investment advisor representative in connection with a local government investment pool trust fund in the normal course of business, at the expense of such person, in order to determine compliance with this part 9 and part 7 of article 75 of title 24, C.R.S., as amended.
Source: L. 93: Entire part added, p. 330, � 4, effective July 1.
C.R.S. § 11-53-102
11-53-102. Definitions. As used in this article, unless the context otherwise requires:
(1) Board of trade means any person or group of persons engaged in buying
or selling any commodity or receiving the same for sale on consignment, whether such person or group of persons is characterized as a board of trade, exchange, or other form of marketplace.
(2) CFTC rule means any rule, regulation, or order of the commodity
futures trading commission in effect on July 1, 1989, and all subsequent amendments, additions, or other revisions thereto, unless the commissioner, within ten days following the effective date of any such amendment, addition, or revision, disallows the application thereof to this article or to any provisions thereof by rule.
(3) Commissioner means the commissioner of securities created by section
11-51-701.
(4) Commodity means, except as otherwise specified by the commissioner
by rule, regulation, or order, any agricultural, grain, or livestock product or by-product, any metal or mineral (including a precious metal as defined in subsection (13) of this section), any gem or gemstone (whether characterized as precious, semi-precious, or otherwise), any foreign currency, and all other goods, articles, products, or items of any kind. The term commodity shall not include:
(a) A numismatic coin whose fair market value is at least fifteen percent
higher than the value of the metal it contains;
(b) Real property or any timber, agricultural, or livestock product grown or
raised on real property and offered or sold by the owner or lessee of such property; or
(c) Any work of art offered or sold by art dealers, at public auction or offered
or sold through a private sale by the owner thereof.
(5) Commodity contract means any account, agreement, or contract for the
purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities, whether for immediate or subsequent delivery or whether delivery is intended by the parties, and whether characterized as a cash contract, deferred shipment or deferred delivery contract, forward contract, futures contract, installment or margin contract, leverage contract, or otherwise. A commodity contract shall not include any contract or agreement which requires, and under which the purchaser receives, within twenty-eight calendar days from the payment in good funds of any portion of the purchase price, physical delivery of the total amount of each commodity to be purchased under the contract or agreement.
(6) Commodity exchange act means the federal Commodity Exchange
Act, as amended, unless the commissioner, within ten days following the effective date of any amendment, addition, or revision thereto, disallows the application thereof to this article or to any provisions thereof by rule.
(7) Commodity futures trading commission means the federal commission
established by the commodity exchange act.
(8) Commodity merchant means any of the following as defined or
described in the commodity exchange act or by CFTC rule:
(a) Futures commission merchant;
(b) Commodity pool operator;
(c) Commodity trading advisor;
(d) Introducing broker;
(e) Leverage transaction merchant;
(f) An associated person of any of the foregoing;
(g) Floor broker; and
(h) Any other person (other than a futures association) required to register
with the commodity futures trading commission.
(9) Commodity option means any account, agreement, or contract giving a
party thereto the right but not the obligation to purchase or sell one or more commodities or one or more commodity contracts, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty, decline guaranty, or otherwise, but shall not include an option traded on a national securities exchange registered with the securities and exchange commission.
(10) Financial institution means a bank, savings institution, or trust
company organized under, or supervised pursuant to, the laws of the United States or of any state.
(11) Offer includes every offer to sell, offer to purchase, or offer to enter
into a commodity contract or commodity option.
(12) Person means an individual, a corporation, a partnership, an
association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government but does not include the commodity futures trading commission or any clearinghouse thereof or a national securities exchange registered with the securities and exchange commission (or any employee, officer or director of such contract market, clearinghouse, or exchange acting solely in that capacity).
(13) Precious metal means the following in either coin, bullion, or other
form:
(a) Silver;
(b) Gold;
(c) Platinum;
(d) Palladium;
(e) Copper; and
(f) Such other items as the commissioner may specify by rule, regulation, or
order.
(14) Sale or sell includes every sale, contract of sale, contract to sell, or
disposition, for value.
(15) Securities and exchange commission means the commission
established by the Securities Exchange Act of 1934.
(16) Securities Exchange Act of 1934 and Investment Company Act of
1940 mean the federal statutes of those names as amended, unless the commissioner, within ten days following the effective date of any amendment, addition, or revision thereto, disallows the application thereof to this article or to any provision thereof by rule.
Source: L. 89: Entire article R&RE, p. 629, � 1, effective July 1. L. 90: (3)
amended, p. 740, � 3, effective July 1.
Cross references: For the Commodity Exchange Act, see Pub.L. 67-331,
codified at 7 U.S.C. � 1 et seq.; for the Securities Exchange Act of 1934, see Pub.L.. 73-291, codified at 15 U.S.C. � 78a et seq.; for the Investment Company Act of 1940, see Pub.L. 76-768, codified at 15 U.S.C. � 80a-1 et seq.
C.R.S. § 11-53-104
11-53-104. Exempt person transactions. (1) The prohibitions in section 11-53-103 shall not apply to any transaction offered by and in which any of the following persons (or any employee, officer, or director thereof acting solely in that capacity) is the purchaser or seller:
(a) A person registered with the commodity futures trading commission as a
futures commission merchant or as a leverage transaction merchant whose activities require such registration;
(b) A person registered with the securities and exchange commission as a
broker-dealer whose activities require such registration;
(c) A person affiliated with, and whose obligations and liabilities under the
transaction are guaranteed by, a person referred to in paragraph (a) or (b) of this subsection (1);
(d) A person who is a member of a contract market designated by the
commodity futures trading commission (or any clearinghouse thereof);
(e) A financial institution; or
(f) A person registered under the laws of this state as a securities broker or
dealer whose activities require such registration.
(2) The exemption provided by subsection (1) of this section shall not apply to
any transaction or activity which is prohibited by the commodity exchange act or CFTC rule.
Source: L. 89: Entire article R&RE, p. 632, � 1, effective July 1.
C.R.S. § 11-53-105
11-53-105. Exempt transactions. (1) The prohibitions in section 11-53-103 shall not apply to the following:
(a) An account, agreement, or transaction within the exclusive jurisdiction of
the commodity futures trading commission as granted under the commodity exchange act;
(b) A commodity contract for the purchase of one or more precious metals
which requires, and under which the purchaser receives, within twenty-eight calendar days from the payment in good funds of any portion of the purchase price, physical delivery of the quantity of the precious metals purchased by such payment; except that, for purposes of this paragraph (b), physical delivery shall be deemed to have occurred if, within such twenty-eight-day period:
(I) Such quantity of precious metals purchased by such payment is delivered
(whether in specifically segregated or fungible bulk form) into the possession of a depository (other than the seller) which is either:
(A) A financial institution;
(B) A depository the warehouse receipts of which are recognized for delivery
purposes for any commodity on a contract market designated by the commodity futures trading commission;
(C) A storage facility licensed or regulated by the United States or any
agency thereof; or
(D) A depository designated by the commission; and
(II) Such depository (or other person which itself qualifies as a depository as
provided in said subparagraph (I)) or a qualified seller issues and the purchaser receives a certificate, document of title, confirmation, or other instrument evidencing that such quantity of precious metals has been delivered to the depository and is being and will continue to be held by the depository on the purchaser's behalf, free and clear of all liens and encumbrances, other than liens of the purchaser, tax liens, liens agreed to by the purchaser, or liens of the depository for fees and expenses, which have previously been disclosed to the purchaser;
(c) A commodity contract solely between persons engaged in producing,
processing, using commercially, or handling as merchants, each commodity subject thereto, or any by-product thereof; or
(d) A commodity contract under which the offeree or the purchaser is a
person referred to in section 11-53-104, an insurance company, an investment company as defined in the Investment Company Act of 1940, or an employee pension and profit sharing or benefit plan (other than a self-employed individual retirement plan or individual retirement account).
(2) For the purposes of paragraph (b) of subsection (1) of this section, a
qualified seller is a person who:
(a) Is a seller of precious metals and has a tangible net worth of at least five
million dollars (or has an affiliate who has unconditionally guaranteed the obligations and liabilities of the seller, and the affiliate has a tangible net worth of at least five million dollars);
(b) Has stored precious metals with one or more depositories on behalf of
customers for at least the previous three years;
(c) Prior to any offer, and annually thereafter, files with the commissioner a
sworn notice of intent to act as a qualified seller under paragraph (b) of subsection (1) of this section, containing:
(I) The seller's name and address, names of its directors, officers, controlling
shareholders, partners, principals, and other controlling persons;
(II) The address of its principal place of business, state and date of
incorporation or organization, and the name and address of the seller's registered agent in this state;
(III) A statement that the seller (or a person affiliated with the seller who has
unconditionally guaranteed the obligations and liabilities of the seller) has a tangible net worth of at least five million dollars;
(IV) The name and address of the depository or depositories that the seller
intends to use, and the name and address of each and every depository where the seller has stored precious metals on behalf of customers for the previous three years;
(V) Financial statements for the seller (or the person affiliated with the seller
who has guaranteed the obligations and liabilities of the seller) for the past three years, including balance sheet and income statements which have been audited by an independent certified public accountant, together with the accountant's report;
(VI) A statement describing the details of all civil, criminal, or administrative
proceedings currently pending or adversely resolved against the seller or its directors, officers, controlling shareholders, partners, principals, or other controlling persons during the past ten years including:
(A) Civil litigation and administrative proceedings involving securities or
commodities law violations, or fraud;
(B) Criminal proceedings;
(C) Denials, suspensions, or revocations of securities or commodities
licenses or registrations;
(D) Suspensions or expulsions from membership in, or association with, self-regulatory organizations registered under the Securities Exchange Act of 1934 or
the commodity exchange act; or
(E) A statement that there were no such proceedings;
(d) Notifies the commissioner within fifteen days of any material changes in
the information provided in the notice of intent; and
(e) Annually furnishes to each purchaser for whom the seller is then storing
precious metals, and to the commissioner, a report by an independent certified public accountant of the accountant's examination of the seller's precious metals storage program.
(3) The commissioner may, upon request by the seller, waive any of the
exemption requirements in paragraph (b) of subsection (1) and subsection (2) of this section, conditionally or unconditionally.
(4) The commissioner may, by order, deny, suspend, revoke, or place
limitations on the qualified seller exemption under paragraph (b) of subsection (1) and subsection (2) of this section if the commissioner finds that the order is in the public interest and that the seller, the seller's officers, directors, partners, agents, servants, or employees, any person occupying a similar status or performing a similar function to the seller, or any person who directly or indirectly controls or is controlled by the seller, or the seller's affiliates or subsidiaries:
(a) Has filed a notice of intention under subsection (2) of this section with the
commissioner or the designee of the commissioner which was incomplete in any material respect or contained any statement which was, in light of the circumstances under which it was made, false or misleading with respect to any material fact;
(b) Has violated or failed to comply with a provision of this article or is the
subject of an adjudication or determination within the last five years by an agency, administrator, or court of competent jurisdiction of any other jurisdiction that the person has willfully violated the anti-fraud provisions of any state or federal securities or commodities law;
(c) Has, within the last ten years, pled guilty or nolo contendere to, or been
convicted of any crime involving fraud or unlawful taking;
(d) Has been permanently or temporarily enjoined by any court of competent
jurisdiction from engaging in, or continuing, any conduct or practice in violation of the anti-fraud provisions of any state or federal securities or commodities law;
(e) Is the subject of any of the following orders which are in effect and issued
within the last five years:
(I) An order by the administrator of any jurisdiction administering a state
commodity law or the commodity futures trading commission entered after notice and opportunity for hearing, denying, suspending, or revoking the person's registration as a futures commission merchant, commodity pool operator, commodity trading advisor, introducing broker, leverage transaction merchant, associated person, floor broker, or the substantial equivalent of those terms;
(II) A suspension or expulsion from membership in or association with a self-regulatory organization registered under the commodity exchange act;
(III) A United States postal service fraud order; or
(IV) An order entered by the commodity futures trading commission denying,
suspending, or revoking registration under the commodity exchange act;
(f) Has failed reasonably to supervise its sales representatives or sales
employees engaged in the investment commodities business.
(5) The commissioner may designate an administrative law judge, appointed
pursuant to part 10 of article 30 of title 24, C.R.S., to conduct hearings pursuant to section 24-4-105, C.R.S.
(6) Any person aggrieved by a final order of the commissioner may obtain
review of the order in the district court of the city and county of Denver pursuant to the provisions of section 24-4-106, C.R.S.
(7) If the commissioner finds that any applicant or qualified seller is no
longer in existence or has ceased to do business or is subject to an adjudication of mental incompetence or to the control of a committee, conservator, or guardian, or cannot be located after reasonable search, the commissioner may, by order, revoke qualified seller status.
(8) By order or rule and subject to such terms and conditions prescribed
therein, the commissioner may, from time to time, add any persons or transactions not within the exclusive jurisdiction of the commodity futures trading commission as granted by the commodity exchange act, to the persons and transactions exempted from the prohibitions set forth in section 11-53-103, if the commissioner finds that such prohibitions are not necessary in the public interest and for the protection of investors.
Source: L. 89: Entire article R&RE, p. 632, � 1, effective July 1. L. 90: (1)(b)(II)
amended, p. 1839, � 13, effective May 31.
Cross references: For the Investment Company Act of 1940, see Pub.L. 76-768, codified at 15 U.S.C. � 80a-1 et seq.; for the Securities Exchange Act of 1934,
see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.
C.R.S. § 11-59-103
11-59-103. Definitions. As used in this article 59, unless the context otherwise requires:
(1) Appraisal shall have the same meaning as provided in section 12-10-602
(1).
(2) Bond means any bond, debenture, or other obligation authorized to be
issued by any special district, municipal general improvement district, municipal special improvement district, county local improvement district, or county public improvement district.
(3) County local improvement district shall have the same meaning as
district provided in section 30-20-602 (2), C.R.S.
(4) County public improvement district shall have the same meaning as
improvement district provided in section 30-20-503 (3), C.R.S.
(5) Depository institution means:
(a) A person that is organized or chartered, or is doing business or holds an
authorization certificate, under the laws of a state or of the United States which authorize the person to receive deposits, including deposits in savings, shares, certificates, or other deposit accounts, and that is supervised and examined for the protection of depositors by an official or agency of a state or the United States; and
(b) A trust company or other institution that is authorized by federal or state
law to exercise fiduciary powers of the type a national bank, is permitted to exercise under the authority of the comptroller of the currency, and is supervised and examined by an official or agency of a state or the United States. The term does not include an insurance company or other organization primarily engaged in the insurance business.
(6) District means a special district, a municipal improvement district, a
municipal special improvement district, a county local improvement district, or a county public improvement district.
(7) Division means the division of securities created by section 11-51-701.
(8) Financial institution or institutional investor means any of the following,
whether acting for itself or others in a fiduciary capacity:
(a) A depository institution;
(b) An insurance company;
(c) A separate account of an insurance company;
(d) An investment company registered under the federal Investment
Company Act of 1940;
(e) A business development company as defined in the federal Investment
Company Act of 1940;
(f) Any private business development company as defined in the federal
Investment Advisers Act of 1940;
(g) An employee pension, profit-sharing, or benefit plan if the plan has total
assets in excess of five million dollars or its investment decisions are made by a named fiduciary, as defined in the federal Employee Retirement Income Security Act of 1974, that is a broker-dealer registered under the federal Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the federal Investment Advisers Act of 1940, a depository institution, or an insurance company;
(h) An entity, but not an individual, a substantial part of whose business
activities consist of investing, purchasing, selling, or trading in securities of more than one issuer and not of its own issue and that has total assets in excess of five million dollars as of the end of its last fiscal year;
(i) A small business investment company licensed by the federal small
business administration under the federal Small Business Investment Act of 1958; and
(j) Any other institutional buyer.
(9) General obligation bond means a bond constituting a debt or an
indebtedness of a district backed by the full faith and credit and unlimited mill levy of such district.
(10) Municipal general improvement district shall have the same meaning
as district provided in section 31-25-602 (1), C.R.S.
(11) Municipal securities rule-making board means the board established
under section 15b of the federal Securities Exchange Act of 1934.
(12) Municipal special improvement district shall have the same meaning as
district provided in section 31-25-501 (1.5), C.R.S.
(13) Person means an individual, a corporation, a partnership, an
association, an estate, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, a governmental subdivision or agency, or any other legal entity.
(14) Residential real property shall have the same meaning as provided in
section 39-1-102 (14.5), C.R.S.
(15) Securities commissioner means the commissioner of securities
appointed pursuant to section 11-51-701.
(16) Securities and exchange commission means the commission
established by the federal Securities Exchange Act of 1934.
(17) Special district shall have the same meaning as provided in section 32-1-103 (20), C.R.S.
(18) Taxing district means a special district which is organized or acting
under the provisions of title 32, C.R.S.
Source: L. 91: Entire article added, p. 2405, � 1, effective January 1, 1992. L.
2019: IP and (1) amended, (HB 19-1172), ch. 136, p. 1660, � 62, effective October 1.
Cross references: For the Investment Company Act of 1940, see Pub.L. 76-768, codified at 15 U.S.C. � 80a-1 et seq.; for the Investment Advisers Act of 1940,
see Pub.L. 76-768, codified at 15 U.S.C. � 80b-1 et seq.; for the Employee Retirement Income Security Act of 1974, see Pub.L. 93-406, codified at 29 U.S.C. � 1001 et seq.; for the Securities Exchange Act of 1934, see Pub.L. 73-291, codified at 15 U.S.C. � 78a et seq.; for the Small Business Investment Act of 1958, see Pub.L. 85-699, codified at 15 U.S.C. � 661 et seq.
C.R.S. § 11-59-107
11-59-107. General registration provisions. (1) An application for registration of bonds may be filed by the district proposing to issue the bonds or a broker-dealer licensed or exempt under article 51 of this title acting on behalf of such district.
(2) Every application for registration shall be accompanied by a fee, which
shall be determined and collected pursuant to section 11-59-119.
(3) Any document or portion thereof filed with the securities commissioner
under this article within five years preceding the filing of an application for registration may be incorporated by reference in an application to the extent that such document or portion thereof is accurate at the time of such incorporation by reference.
(4) The securities commissioner may, by rule or order, permit the omission of
any item of information or document from any application.
(5) The securities commissioner may, by rule or order, require as a condition
of registration under section 11-59-108 that a district require that persons building or developing improvements in the district furnish security to the district for their undertakings relating to payments supporting the offering. The commissioner may, by rule or order, determine the manner and form of such security, which may include but need not be limited to:
(a) Letters of credit or guarantees from depository institutions or such other
persons, companies, or institutions approved by the securities commissioner;
(b) Escrow deposits of cash or securities; or
(c) First lien mortgages on land owned by developers or builders, together
with recent appraisals.
(6) An application for registration may be amended after its effective date so
as to increase the quantity of bonds being offered. A district filing such an amendment shall pay a fee, which shall be determined and collected pursuant to section 11-59-119, with respect to the additional bonds being registered.
Source: L. 91: Entire article added, p. 2411, � 1, effective January 1, 1992.
C.R.S. § 12-1-103
12-1-103. Definitions. As used in this title 12, unless the context otherwise requires:
(1) Department means the department of regulatory agencies created in
section 24-1-122.
(2) Executive director means the executive director of the department or
the executive director's designee.
(3) Profession or occupation, profession, or occupation means an
activity subject to regulation by a part or article of this title 12.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
613, � 1, effective October 1.
DIVISION OF REAL ESTATE
ARTICLE 10
Real Estate
Editor's note: This title 12 was repealed and reenacted, with relocations, in
-
This article 10 was numbered as parts 1, 2, 4, 6, 7, 8, and 9 of article 61 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.
Cross references: For the penalty for selling land twice, see � 18-5-302.
PART 1
COMMON DEFINITIONS
C.R.S. § 12-10-101
12-10-101. Definitions. As used in this article 10, unless the context otherwise requires:
(1) Director means the director of the division of real estate.
(2) Division means the division of real estate.
(3) HOA or homeowners' association means an association or unit
owners' association formed before, on, or after July 1, 1992, as part of a common interest community as defined in section 38-33.3-103.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
614, � 1, effective October 1.
Editor's note: Subsection (1) is similar to former �� 12-61-702 (7) and 12-61-902 (3); subsection (2) is similar to former �� 12-61-702 (8) and 12-61-902 (4); and
subsection (3) is similar to former �� 12-61-101 (1.2) and 12-61-401 (2.5), as those sections existed prior to 2019, and the former � 12-10-101 was relocated to � 12-110-101.
PART 2
BROKERS AND SALESPERSONS
Cross references: For the exemption of real estate brokers and sales
representatives from certain provisions of the Colorado Securities Act, see �� 11-51-402 (3) and 11-51-405 (2).
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. § 12-10-202
12-10-202. License required. It is unlawful for any person, firm, partnership, limited liability company, association, or corporation to engage in the business or capacity of real estate broker in this state without first having obtained a license from the commission. No person shall be granted a license until the person establishes compliance with the provisions of this part 2 concerning education, experience, and testing; truthfulness and honesty and otherwise good moral character; and, in addition to any other requirements of this section, competency to transact the business of a real estate broker in such manner as to safeguard the interest of the public and only after satisfactory proof of the qualifications, together with the application for the license, is filed in the office of the commission. In determining the person's character, the commission shall be governed by section 24-5-101.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
618, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-102 as it existed prior
to 2019.
C.R.S. § 12-10-203
12-10-203. Application for license - rules - definition. (1) (a) All persons desiring to become real estate brokers shall apply to the commission for a license under the provisions of this part 2. Application for a license as a real estate broker shall be made to the commission upon forms or in a manner prescribed by the commission.
(b) (I) Prior to submitting an application for a license pursuant to subsection
(1)(a) of this section, each applicant shall submit a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. The applicant shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the commission. The commission shall acquire a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check.
(II) For purposes of this subsection (1)(b), applicant means an individual, or
any person designated to act as broker for any partnership, limited liability company, or corporation pursuant to subsection (6) of this section.
(2) Every real estate broker licensed under this part 2 shall maintain a place
of business within this state, except as provided in section 12-10-208. In case a real estate broker maintains more than one place of business within the state, the broker shall be responsible for supervising all licensed activities originating in the offices.
(3) The commission is authorized by this section to require and procure any
such proof as is necessary in reference to the truthfulness, honesty, and good moral character of any applicant for a real estate broker's license or, if the applicant is a partnership, limited liability company, or corporation, of any partner, manager, director, officer, member, or stockholder if the person has, either directly or indirectly, a substantial interest in the applicant prior to the issuance of the license.
(4) (a) An applicant for a broker's license shall be at least eighteen years of
age. The applicant must furnish proof satisfactory to the commission that the applicant has either received a degree from an accredited degree-granting college or university with a major course of study in real estate or has successfully completed courses of study, approved by the commission, at any accredited college or university or any private occupational school that has a certificate of approval from the private occupational school division in accordance with the provisions of article 64 of title 23 or that has been approved by the commission or licensed by an official state agency of any other state as follows:
(I) Forty-eight hours of classroom instruction or equivalent correspondent
hours in real estate law and real estate practice; and
(II) Forty-eight hours of classroom instruction or equivalent correspondent
hours in understanding and preparation of Colorado real estate contracts; and
(III) A total of seventy-two hours of instruction or equivalent correspondence
hours from the following areas of study:
(A) Trust accounts and record keeping;
(B) Real estate closings;
(C) Current legal issues; and
(D) Practical applications.
(b) An applicant for a broker's license who has been licensed as a real estate
broker in another jurisdiction shall be required to complete only the course of study comprising the subject matter areas described in subsections (4)(a)(II) and (4)(a)(III)(B) of this section.
(c) An applicant for a broker's license who has been licensed as a real estate
salesperson in another jurisdiction shall be required to complete only the course of study required in subsections (4)(a)(II) and (4)(a)(III) of this section.
(5) (a) The applicant for a broker's license shall submit to and pass an
examination designated to determine the competency of the applicant and prepared by or under the supervision of the commission or its designated contractor. The commission may contract with an independent testing service to develop, administer, or grade examinations or to administer licensee records. The contract may allow the testing service to recover the costs of the examination and the costs of administering exam and license records from the applicant. The commission may contract separately for these functions and allow recovered costs to be collected and retained by a single contractor for distribution to other contractors. The commission shall have the authority to set the minimum passing score that an applicant must receive on the examination, and the score shall reflect the minimum level of competency required to be a broker. The examination shall be given at such times and places as the commission prescribes. The examination shall include, but not be limited to, ethics, reading, spelling, basic mathematics, principles of land economics, appraisal, financing, a knowledge of the statutes and law of this state relating to deeds, trust deeds, mortgages, listing contracts, contracts of sale, bills of sale, leases, agency, brokerage, trust accounts, closings, securities, the provisions of this part 2, and the rules of the commission. The examination for a broker's license shall also include the preparation of a real estate closing statement.
(b) An applicant for a broker's license who has held a real estate license in
another jurisdiction that administers a real estate broker's examination and who has been licensed for two or more years prior to applying for a Colorado license may be issued a broker's license if the applicant establishes that he or she possesses credentials and qualifications that are substantively equivalent to the requirements in Colorado for licensure by examination.
(c) In addition to all other applicable requirements, the following provisions
apply to brokers that did not hold a current and valid broker's license on December 31, 1996:
(I) No such broker shall engage in an independent brokerage practice
without first having served actively as a real estate broker for at least two years. The commission shall adopt rules requiring an employing broker to ensure that a high level of supervision is exercised over such a broker during the two-year period.
(II) No such broker shall employ another broker without first having
completed twenty-four clock hours of instruction, or the equivalent in correspondence hours, as approved by the commission, in brokerage administration.
(III) Effective January 1, 2019, a broker shall not act as an employing broker
without first demonstrating, in accordance with rules of the commission, experience and knowledge sufficient to enable the broker to employ and adequately supervise other brokers, as appropriate to the broker's area of supervision. The commission's rules must set forth the method or methods by which the broker may demonstrate the experience and knowledge, either by documenting a specified number of transactions that the broker has completed or by other methods.
(6) (a) Real estate brokers' licenses may be granted to individuals,
partnerships, limited liability companies, or corporations. A partnership, limited liability company, or corporation, in its application for a license, shall designate a qualified, active broker to be responsible for management and supervision of the licensed actions of the partnership, limited liability company, or corporation and all licensees shown in the commission's records as being in the employ of the entity. The application of the partnership, limited liability company, or corporation and the application of the broker designated by it shall be filed with the commission.
(b) No license shall be issued to any partnership, limited liability company, or
corporation unless and until the broker so designated by the partnership, limited liability company, or corporation submits to and passes the examination required by this part 2 on behalf of the partnership, limited liability company, or corporation. Upon the broker successfully passing the examination and upon compliance with all other requirements of law by the partnership, limited liability company, or corporation, as well as by the designated broker, the commission shall issue a broker's license to the partnership, limited liability company, or corporation, which shall bear the name of the designated broker, and thereupon the broker so designated shall conduct business as a real estate broker only through the partnership, limited liability company, or corporation and not for the broker's own account.
(c) If the person so designated is refused a license by the commission or
ceases to be the designated broker of the partnership, limited liability company, or corporation, the entity may designate another person to make application for a license. If the person ceases to be the designated broker of the partnership, limited liability company, or corporation, the director may issue a temporary license to prevent hardship for a period not to exceed ninety days to the licensed person so designated. The director may extend a temporary license for one additional period not to exceed ninety days upon proper application and a showing of good cause; if the director refuses, no further extension of a temporary license shall be granted except by the commission. If any broker or employee of any such partnership, limited liability company, or corporation, other than the one designated as provided in this section, desires to act as a real estate broker, the broker or employee shall first obtain a license as a real estate broker as provided in this section and shall pay the regular fee therefor.
(7) The broker designated to act as broker for any partnership, limited
liability company, or corporation is personally responsible for the handling of any and all earnest money deposits or escrow or trust funds received or disbursed by the partnership, limited liability company, or corporation. In the event of any breach of duty by the partnership, limited liability company, or corporation as a fiduciary, any person aggrieved or damaged by the breach of fiduciary duty shall have a claim for relief against the partnership, limited liability company, or corporation, as well as against the designated broker, and may pursue the claim against the partnership, limited liability company, or corporation and the designated broker personally. The broker may be held responsible and liable for damages based upon the breach of fiduciary duty as may be recoverable against the partnership, limited liability company, or corporation, and any judgment so obtained may be enforced jointly or severally against the broker personally and the partnership, limited liability company, or corporation.
(8) No license for a broker registered as being in the employ of another
broker shall be issued to a partnership, a limited liability company, or a corporation or under a fictitious name or trade name; except that a married woman may elect to use her birth name.
(9) No person shall be licensed as a real estate broker under more than one
name, and no person shall conduct or promote a real estate brokerage business except under the name under which the person is licensed.
(10) A licensed attorney shall take and pass the examination referred to in
this section after having completed twelve hours of classroom instruction or equivalent correspondent hours in trust accounts, record keeping, and real estate closings.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
618, � 1, effective October 1; (1)(b)(I) amended, (HB 19-1166), ch. 125, p. 564, � 68, effective October 1. L. 2022: (1)(b)(I) amended, (HB 22-1270), ch. 114, p. 514, � 9, effective April 21.
Editor's note: (1) This section is similar to former � 12-61-103 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1166.
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 April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019.
C.R.S. § 12-10-204
12-10-204. Errors and omissions insurance required - rules. (1) Every licensee under this part 2, except an inactive broker or an attorney licensee who maintains a policy of professional malpractice insurance that provides coverage for errors and omissions for their activities as a licensee under this part 2, shall maintain errors and omissions insurance to cover all activities contemplated under parts 2 to 6 of this article 10. The division shall make the errors and omissions insurance available to all licensees by contracting with an insurer for a group policy after a competitive bid process in accordance with article 103 of title 24. A group policy obtained by the division must be available to all licensees with no right on the part of the insurer to cancel a licensee. A licensee may obtain errors and omissions insurance independently if the coverage complies with the minimum requirements established by the division.
(2) (a) If the division is unable to obtain errors and omissions insurance
coverage to insure all licensees who choose to participate in the group program at a reasonable annual premium, as determined by the division, a licensee shall independently obtain the errors and omissions insurance required by this section.
(b) The division shall solicit and consider information and comments from
interested persons when determining the reasonableness of annual premiums.
(3) The division shall determine the terms and conditions of coverage
required under this section based on rules promulgated by the commission. The commission shall notify each licensee of the required terms and conditions at least thirty days before the annual premium renewal date as determined by the commission. Each licensee shall file a certificate of coverage showing compliance with the required terms and conditions with the commission by the annual premium renewal date, as determined by the division.
(4) In addition to all other powers and duties conferred upon the commission
by this article 10, the commission shall adopt such rules as it deems necessary or proper to carry out the provisions of this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
622, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-103.6 as it existed prior
to 2019.
C.R.S. § 12-10-205
12-10-205. Licenses - issuance - contents - display. The commission shall make available for each licensee a license in such form and size as the commission shall prescribe and adopt. The real estate license shall show the name of the licensee and shall have imprinted thereon the seal, or a facsimile, of the department and, in addition to the foregoing, shall contain such other matter as the commission shall prescribe.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
623, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-104 as it existed prior
to 2019.
C.R.S. § 12-10-206
12-10-206. Real estate commission - created - compensation - immunity. (1) There is created a commission of five members, appointed by the governor, which shall administer parts 2 and 5 of this article 10. This commission is known as the real estate commission. The commission is a type 1 entity, as defined in section 24-1-105, and consists of three real estate brokers who have had not less than five years' experience in the real estate business in Colorado, one of whom has substantial experience in property management, and two representatives of the public at large. Members of the commission serve three-year terms. Upon the death, resignation, removal, or otherwise of any member of the commission, the governor shall appoint a member to fill out the unexpired term. The governor may remove any member for misconduct, neglect of duty, or incompetence.
(2) Each member of the commission shall receive the same compensation
and reimbursement of expenses as those provided for members of boards and commissions in the division of professions and occupations pursuant to section 12-20-103 (6). Payment for all such per diem compensation and expenses shall be made out of annual appropriations from the division of real estate cash fund provided for in section 12-10-215.
(3) Members of the commission, consultants, expert witnesses, and
complainants shall be immune from suit in any civil action based upon any disciplinary proceedings or other official acts they performed in good faith.
(4) No real estate broker's license shall be denied, suspended, or revoked
except as determined by a majority vote of the members of the commission.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
623, � 1, effective October 1. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3391, � 109, effective August 10.
Editor's note: This section is similar to former � 12-61-105 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. § 12-10-207
12-10-207. Division of real estate - creation - director, clerks, and assistants. (1) There is created in the department the division of real estate. The executive director is authorized by this section to employ, subject to the provisions of the state personnel system laws of the state, a director of the division, who in turn shall employ such attorneys, deputies, investigators, clerks, and assistants as are necessary to discharge the duties imposed by parts 2 and 5 of this article 10. The division and the director are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department.
(2) It is the duty of the director, personally, or the director's designee to aid
in the administration and enforcement of parts 2 and 5 of this article 10 and in the prosecution of all persons charged with violating any of their provisions, to conduct audits of business accounts of licensees, to perform such duties of the commission as the commission prescribes, and to act in behalf of the commission on such occasions and in such circumstances as the commission directs.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
624, � 1, effective October 1. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3392, � 110, effective August 10.
Editor's note: This section is similar to former � 12-61-106 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. § 12-10-208
12-10-208. Resident licensee - nonresident licensee - consent to service. (1) A nonresident of the state may become a real estate broker in this state by conforming to all the conditions of this part 2; except that the nonresident broker shall not be required to maintain a place of business within this state if that broker maintains a definite place of business in another state.
(2) If a broker has no registered agent registered in this state, the registered
agent is not located under its registered agent name at its registered agent address, or the registered agent cannot with reasonable diligence be served, the broker may be served by registered mail or by certified mail, return receipt requested, addressed to the entity at its principal address. Service is perfected under this subsection (2) at the earliest of:
(a) The date the broker receives the process, notice, or demand;
(b) The date shown on the return receipt, if signed by or on behalf of the
broker; or
(c) Five days after mailing.
(3) All such applications shall contain a certification that the broker is
authorized to act for the corporation.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
624, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-107 as it existed prior
to 2019.
C.R.S. § 12-10-210
12-10-210. Compilation and publication of passing rates per educational institution for real estate licensure examinations - definition - rules. (1) The commission shall have the authority to obtain information from each educational institution authorized to offer courses in real estate for the purpose of compiling the number of applicants who pass the real estate licensure examination from each educational institution. The information shall include the name of each student who attended the institution and a statement of whether the student completed the necessary real estate courses required for licensure. The commission shall have access to such other information as necessary to accomplish the purpose of this section. For the purposes of this section, an applicant is a student who completed the required education requirements and who applied for and sat for the licensure examination.
(2) The commission shall compile the information obtained in subsection (1)
of this section with applicant information retained by the commission. Specifically, the commission shall compile whether the student applied for the licensure examination and whether the applicant passed the licensure examination. The commission shall create statistical data setting forth:
(a) The name of the educational institution;
(b) The number of students who completed the necessary real estate course
required for licensure;
(c) Whether the student registered and sat for the licensure examination;
and
(d) The number of those applicants who passed the licensure examination.
(3) The commission shall publish this statistical data and make it available to
the public quarterly.
(4) The commission shall retain the statistical data for three years.
(5) Specific examination scores for an applicant will be kept confidential by
the commission unless the applicant authorizes release of the information.
(6) The commission may promulgate rules for the administration of this
section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
625, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-108.5 as it existed prior
to 2019.
C.R.S. § 12-10-211
12-10-211. Change of license status - inactive - cancellation. (1) Immediate notice shall be given in a manner acceptable to the commission by each licensee of any change of business location or employment. A change of business address or employment without notification to the commission shall automatically inactivate the licensee's license.
(2) A broker who transfers to the address of another broker or a broker
applicant who desires to be employed by another broker shall inform the commission if the broker is to be in the employ of the other broker. The employing broker shall have the control and custody of the employed broker's license. The employed broker may not act on behalf of the broker or as broker for a partnership, limited liability company, or corporation during the term of the employment; but this shall not affect the employed broker's right to transfer to another employing broker or to a location where the employed broker may conduct business as an independent broker or as a broker acting for a partnership, limited liability company, or corporation.
(3) In the event that any licensee is discharged by or terminates employment
with a broker, it shall be the joint duty of both such parties to immediately notify the commission. Either party may furnish the notice in a manner acceptable to the commission. The party giving notice shall notify the other party in person or in writing of the termination of employment.
(4) It is unlawful for any such licensee to perform any of the acts authorized
under the license in pursuance of this part 2, either directly or indirectly, on or after the date that employment has been terminated. When any real estate broker whose employment has been terminated is employed by another real estate broker, the commission shall, upon proper notification, enter the change of employment in the records of the commission. Not more than one employer or place of employment shall be shown for any real estate broker for the same period of time.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
626, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-109 as it existed prior
to 2019.
C.R.S. § 12-10-212
12-10-212. License fees - partnership, limited liability company, and corporation licenses - rules. (1) Fees established pursuant to section 12-10-215 shall be charged by and paid to the commission or the agent for the commission for the following:
(a) Each broker's examination;
(b) Each broker's original application and license;
(c) Each renewal of a broker's license;
(d) Any change of name, address, or employing broker requiring a change in
commission records;
(e) A new application that shall be submitted when a licensed real estate
broker wishes to become the broker acting for a partnership, a limited liability company, or a corporation.
(2) The proper fee shall accompany each application for licensure. The fee
shall not be refundable. Failure by the person taking an examination to file the appropriate broker's application within one year of the date the person passed the examination will automatically cancel the examination, and all rights to a passing score will be terminated.
(3) Each real estate broker's license granted to an individual shall entitle the
individual to perform all the acts contemplated by this part 2, without any further application on his or her part and without the payment of any fee other than the fees specified in this section.
(4) (a) (I) The commission shall require that any person licensed under this
part 2, whether on an active or inactive basis, renew the license on or before December 31 of every third year after issuance; except that an initial license issued under this part 2 on or after April 23, 2018, expires at 12 midnight on December 31 of the year in which it was issued.
(II) Renewal is conditioned upon fulfillment of the continuing education
requirements set forth in section 12-10-213. For persons renewing or reinstating an active license, written certification verifying completion for the previous licensing period of the continuing education requirements set forth in section 12-10-213 must accompany and be submitted to the commission with the application for renewal or reinstatement. For persons who did not submit certification verifying compliance with section 12-10-213 at the time a license was renewed or reinstated on an inactive status, written certification verifying completion for the previous licensing period of the continuing education requirements set forth in that section must accompany and be submitted with any future application to reactivate the license. The commission may, by rule, establish procedures to facilitate such a renewal. In the absence of any reason or condition that might warrant the refusal of the granting of a license or the revocation thereof, the commission shall issue a new license upon receipt by the commission of the written request of the applicant and the appropriate fees required by this section. Applications for renewal will be accepted thirty days prior to January 1.
(III) A person who fails to renew a license before January 1 of the year
succeeding the year of the expiration of the license may reinstate the license as follows:
(A) If proper application is made within thirty-one days after the date of
expiration, by payment of the regular renewal fee;
(B) If proper application is made more than thirty-one days but within one
year after the date of expiration, by payment of the regular renewal fee and payment of a reinstatement fee equal to one-half the regular renewal fee;
(C) If proper application is made more than one year but within three years
after the date of expiration, by payment of the regular renewal fee and payment of a reinstatement fee equal to the regular renewal fee.
(IV) The commission may, by rule, establish procedures to facilitate the
transition of the reinstatement license periods described in subsections (4)(a)(III)(A) to (4)(a)(III)(C) of this section from an anniversary expiration date to a December 31 expiration date.
(b) Any reinstated license shall be effective only as of the date of
reinstatement. Any person who fails to apply for reinstatement within three years after the expiration of a license shall, without exception, be treated as a new applicant for licensure.
(c) All reinstatement fees shall be transmitted to the state treasurer, who
shall credit the fees to the division of real estate cash fund, as established by section 12-10-215.
(5) The suspension, expiration, or revocation of a real estate broker's license
shall automatically inactivate every real estate broker's license where the holder of the license is shown in the commission records to be in the employ of the broker whose license has expired or has been suspended or revoked pending notification to the commission by the employed licensee of a change of employment.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
626, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-110 as it existed prior to
2019.
C.R.S. § 12-10-213
12-10-213. Renewal of license - continuing education requirement - rules. (1) A broker applying for renewal of a license pursuant to section 12-10-212 (4) shall include with the application a certified statement verifying successful completion of real estate courses in accordance with the following schedule:
(a) For licensees applying for renewal of a three-year license, passage within
the previous three years of the Colorado portion of the real estate exam or completion of a minimum of twenty-four hours of credit, twelve of which must be the credits developed by the commission pursuant to subsection (2) of this section;
(b) For licensees applying for renewal of a license that expires less than
three years after it was issued, passage within the license period of the Colorado portion of the real estate exam or completion of a minimum of twenty-four hours of credit, at least eight of which must be the credits developed by the commission pursuant to subsection (2) of this section.
(2) The commission shall develop twelve hours of credit designed to assure
reasonable currency of real estate knowledge by licensees, which credits shall include an update of the current statutes and the rules promulgated by the commission that affect the practice of real estate. If a licensee takes a course pursuant to rule 250 of the Colorado rules of civil procedure and the course concerns real property law, the licensee shall receive credit for the course toward the fulfillment of the licensee's continuing education requirements pursuant to this section. The credits shall be taken from an accredited Colorado college or university; a Colorado community college; a Colorado private occupational school holding a certificate of approval from the state board for community colleges and occupational education; or an educational institution or an educational service described in section 23-64-104. Successful completion of the credits shall require satisfactory passage of a written examination or written examinations of the materials covered. The examinations shall be audited by the commission to verify their accuracy and the validity of the grades given. The commission shall set the standards required for satisfactory passage of the examinations.
(3) All credits, other than the credits specified in subsection (2) of this
section, shall be acquired from educational courses approved by the commission that contribute directly to the professional competence of a licensee. The credits may be acquired through successful completion of instruction in one or more of the following subjects:
(a) Real estate law;
(b) Property exchanges;
(c) Real estate contracts;
(d) Real estate finance;
(e) Real estate appraisal;
(f) Real estate closing;
(g) Real estate ethics;
(h) Condominiums and cooperatives;
(i) Real estate time-sharing;
(j) Real estate marketing principles;
(k) Real estate construction;
(l) Land development;
(m) Real estate energy concerns;
(n) Real estate geology;
(o) Water and waste management;
(p) Commercial real estate;
(q) Real estate securities and syndications;
(r) Property management;
(s) Real estate computer principles;
(t) Brokerage administration and management;
(u) Agency; and
(v) Any other subject matter as approved by the commission.
(4) A licensee applying for renewal of a license that expires on December 31
of the year in which it was issued is not subject to the education requirements set forth in subsection (1) of this section.
(5) The commission shall promulgate rules to implement this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
628, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-110.5 as it existed prior
to 2019.
C.R.S. § 12-10-215
12-10-215. Fee adjustments - cash fund created - repeal. (1) This section applies to all activities of the division under parts 2, 5, 6, and 7 of this article 10.
(2) (a) (I) The division shall propose, as part of its annual budget request, an
adjustment in the amount of each fee that it is authorized by law to collect under parts 2, 5, 6, and 7 of this article 10. The budget request and the adjusted fees for the division must reflect direct and indirect costs.
(II) The costs of the HOA information and resource center, created in section
12-10-801, shall be paid from the division of real estate cash fund created in this section. The division shall estimate the direct and indirect costs of operating the HOA information and resource center and shall establish the amount of the annual registration fee to be collected under section 38-33.3-401. The amount of the registration fee shall be sufficient to recover these costs, subject to a maximum limit of fifty dollars.
(b) Based upon the appropriation made and subject to the approval of the
executive director, the division shall adjust its fees so that the revenue generated from the fees approximates its direct and indirect costs incurred in administering the programs and activities from which the fees are derived. The fees shall remain in effect for the fiscal year for which the budget request applies. All fees collected by the division, not including fees retained by contractors pursuant to contracts entered into in accordance with section 12-10-203 or 24-34-101, shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund, which fund is hereby created. All money credited to the division of real estate cash fund shall be used as provided in this section or in section 12-10-214 and shall not be deposited in or transferred to the general fund of this state or any other fund.
(c) Beginning July 1, 1979, and each July 1 thereafter, whenever money
appropriated to the division for its activities for the prior fiscal year is unexpended, the money shall be made a part of the appropriation to the division for the next fiscal year, and the amount shall not be raised from fees collected by the division. If a supplemental appropriation is made to the division for its activities, its fees, when adjusted for the fiscal year next following that in which the supplemental appropriation was made, shall be adjusted by an additional amount that is sufficient to compensate for the supplemental appropriation. Funds appropriated to the division in the annual long appropriations bill shall be designated as a cash fund and shall not exceed the amount anticipated to be raised from fees collected by the division.
(3) (a) Notwithstanding any provision of this section to the contrary, on June
30, 2025, the state treasurer shall transfer two hundred thousand dollars from the division of real estate cash fund to the general fund.
(b) This subsection (3) is repealed, effective July 1, 2026.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
630, � 1, effective October 1. L. 2025: (3) added, (SB 25-264), ch. 129, p. 499, � 8, effective April 25.
Editor's note: This section is similar to former � 12-61-111.5 as it existed prior
to 2019.
C.R.S. § 12-10-217
12-10-217. Investigation - revocation - actions against licensee or applicant - definition. (1) The commission, upon its own motion, may, and, upon the complaint in writing of any person, shall, investigate the activities of any licensee or any person who assumes to act in the capacity of a licensee within the state, and the commission, after holding a hearing pursuant to section 12-10-219, has the power to impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense and to censure a licensee, to place the licensee on probation and to set the terms of probation, or to temporarily suspend a license, or permanently revoke a license, when the licensee has performed, is performing, or is attempting to perform any of the following acts and is guilty of:
(a) Knowingly making any misrepresentation or knowingly making use of any
false or misleading advertising;
(b) Making any promise of a character that influences, persuades, or induces
another person when he or she could not or did not intend to keep the promise;
(c) Knowingly misrepresenting or making false promises through agents,
advertising, or otherwise;
(d) Violating any provision of the Colorado Consumer Protection Act,
article 1 of title 6;
(e) Acting for more than one party in a transaction without the knowledge of
all parties thereto;
(f) Representing or attempting to represent a real estate broker other than
the licensee's employer without the express knowledge and consent of that employer;
(g) In the case of a broker registered as in the employ of another broker,
failing to place, as soon after receipt as is practicably possible, in the custody of that licensed broker-employer any deposit money or other money or fund entrusted to the employee by any person dealing with the employee as the representative of that licensed broker-employer;
(h) Failing to account for or to remit, within a reasonable time, any money
coming into the licensee's possession that belongs to others, whether acting as real estate brokers or otherwise, and failing to keep records relative to the money, which records shall contain such information as may be prescribed by the rules of the commission relative thereto and shall be subject to audit by the commission;
(i) Converting funds of others, diverting funds of others without proper
authorization, commingling funds of others with the broker's own funds, or failing to keep the funds of others in an escrow or a trustee account with some bank or recognized depository in this state, which account may be any type of checking, demand, passbook, or statement account insured by an agency of the United States government, and to keep records relative to the deposit that contain such information as may be prescribed by the rules of the commission relative thereto, which records shall be subject to audit by the commission;
(j) Failing to provide the purchaser and seller of real estate with a closing
statement of the transaction, containing such information as may be prescribed by the rules of the commission or failing to provide a signed duplicate copy of the listing contract and the contract of sale or the preliminary agreement to sell to the parties thereto;
(k) Failing to maintain possession, for future use or inspection by an
authorized representative of the commission, for a period of four years, of the documents or records prescribed by the rules of the commission or to produce the documents or records upon reasonable request by the commission or by an authorized representative of the commission;
(l) Paying a commission or valuable consideration for performing any of the
functions of a real estate broker, as described in this part 2, to any person not licensed under this part 2; except that a licensed broker may pay a finder's fee or a share of any commission on a cooperative sale when the payment is made to a real estate broker licensed in another state or country. If a country does not license real estate brokers, then the payee must be a citizen or resident of the country and represent that the payee is in the business of selling real estate in the country.
(m) Disregarding or violating any provision of this part 2 or part 4 of this
article 10, violating any reasonable rule promulgated by the commission in the interests of the public and in conformance with the provisions of this part 2 or part 4 of this article 10; violating any lawful commission orders; or aiding and abetting a violation of any rule, commission order, or provision of this part 2 or part 4 of this article 10;
(n) (I) Conviction of, entering a plea of guilty to, or entering a plea of nolo
contendere to any crime in article 3 of title 18; parts 1, 2, 3, and 4 of article 4 of title 18; part 1, 2, 3, 4, 5, 7, 8, or 9 of article 5 of title 18; article 5.5 of title 18; parts 3, 4, 6, 7, and 8 of article 6 of title 18; parts 1, 3, 4, 5, 6, 7, and 8 of article 7 of title 18; part 3 of article 8 of title 18; article 15 of title 18; article 17 of title 18; section 18-18-404, 18-18-405, 18-18-406, 18-18-411, 18-18-412.5, 18-18-412.7, 18-18-412.8, 18-18-415, 18-18-416, 18-18-422, or 18-18-423; or any other like crime under Colorado law, federal law, or the laws of other states. A certified copy of the judgment of a court of competent jurisdiction of the conviction or other official record indicating that the plea was entered shall be conclusive evidence of the conviction or plea in any hearing under this part 2.
(II) As used in this subsection (1)(n), conviction includes the imposition of a
deferred judgment or deferred sentence.
(o) Violating or aiding and abetting in the violation of the Colorado or federal
fair housing laws;
(p) Failing to immediately notify the commission in writing of a conviction,
plea, or violation pursuant to subsection (1)(n) or (1)(o) of this section;
(q) Having demonstrated unworthiness or incompetency to act as a real
estate broker by conducting business in such a manner as to endanger the interest of the public;
(r) In the case of a broker licensee, failing to exercise reasonable supervision
over the activities of licensed employees;
(s) Procuring, or attempting to procure, a real estate broker's license or
renewing, reinstating, or reactivating, or attempting to renew, reinstate, or reactivate, a real estate broker's license by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application for the license;
(t) Claiming, arranging for, or taking any secret or undisclosed amount of
compensation, commission, or profit or failing to reveal to the licensee's principal or employer the full amount of the licensee's compensation, commission, or profit in connection with any acts for which a license is required under this part 2;
(u) Using any provision allowing the licensee an option to purchase in any
agreement authorizing or employing the licensee to sell, buy, or exchange real estate for compensation or commission, except when the licensee, prior to or coincident with election to exercise the option to purchase, reveals in writing to the licensee's principal or employer the full amount of the licensee's profit and obtains the written consent of the principal or employer approving the amount of the profit;
(v) Effective on and after August 26, 2013, fraud, misrepresentation, deceit,
or conversion of trust funds that results in the entry of a civil judgment for damages;
(w) Any other conduct, whether of the same or a different character than
specified in this subsection (1), that constitutes dishonest dealing;
(x) Having had a real estate broker's or a subdivision developer's license
suspended or revoked in any jurisdiction, or having had any disciplinary action taken against the broker or subdivision developer in any other jurisdiction if the broker's or subdivision developer's action would constitute a violation of this subsection (1). A certified copy of the order of disciplinary action shall be prima facie evidence of the disciplinary action.
(y) Failing to keep records documenting proof of completion of the
continuing education requirements in accordance with section 12-10-213 for a period of four years from the date of compliance with the section;
(z) (I) Violating any provision of section 12-10-218.
(II) In addition to any other remedies available to the commission pursuant to
this article 10, after notice and a hearing pursuant to section 24-4-105, the commission may assess a penalty for a violation of section 12-10-218 or of any rule promulgated pursuant to section 12-10-218. The penalty shall be the amount of remuneration improperly paid and shall be transmitted to the state treasurer and credited to the general fund.
(aa) Within the last five years, having a license, registration, or certification
issued by Colorado or another state revoked or suspended for fraud, deceit, material misrepresentation, theft, or the breach of a fiduciary duty, and such discipline denied the person authorization to practice as:
(I) A mortgage broker or mortgage loan originator;
(II) A real estate broker or salesperson;
(III) A real estate appraiser, as defined by section 12-10-602 (9);
(IV) An insurance producer, as defined by section 10-2-103 (6);
(V) An attorney;
(VI) A securities broker-dealer, as defined by section 11-51-201 (2);
(VII) A securities sales representative, as defined by section 11-51-201 (14);
(VIII) An investment advisor, as defined by section 11-51-201 (9.5); or
(IX) An investment advisor representative, as defined by section 11-51-201
(9.6).
(2) Every person licensed pursuant to section 12-10-201 (6)(a)(X) shall give a
prospective tenant a contract or receipt; and the contract or receipt shall include the address and telephone number of the commission in prominent letters and shall state that the regulation of rental location agents is under the purview of the commission.
(3) In the event a firm, partnership, limited liability company, association, or
corporation operating under the license of a broker designated and licensed as representative of the firm, partnership, limited liability company, association, or corporation is guilty of any of the foregoing acts, the commission may suspend or revoke the right of the firm, partnership, limited liability company, association, or corporation to conduct its business under the license of the broker, whether or not the designated broker had personal knowledge thereof and whether or not the commission suspends or revokes the individual license of the broker.
(4) Upon request of the commission, when any real estate broker is a party to
any suit or proceeding, either civil or criminal, arising out of any transaction involving the sale or exchange of any interest in real property or out of any transaction involving a leasehold interest in the real property and when the broker is involved in the transaction in such capacity as a licensed broker, it shall be the duty of the broker to supply to the commission a copy of the complaint, indictment, information, or other initiating pleading and the answer filed, if any, and to advise the commission of the disposition of the case and of the nature and amount of any judgment, verdict, finding, or sentence that may be made, entered, or imposed therein.
(5) This part 2 shall not be construed to relieve any person from civil liability
or criminal prosecution under the laws of this state.
(6) Complaints of record in the office of the commission and commission
investigations, including commission investigative files, are closed to public inspection. Stipulations and final agency orders are public records subject to sections 24-72-203 and 24-72-204.
(7) When a complaint or an investigation discloses an instance of misconduct
that, in the opinion of the commission, does not warrant formal action by the commission but that should not be dismissed as being without merit, the commission may send a letter of admonition by certified mail, return receipt requested, to the licensee against whom a complaint was made and a copy thereof to the person making the complaint, but the letter shall advise the licensee that the licensee has the right to request in writing, within twenty days after proven receipt, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based. If the request is timely made, the letter of admonition shall be deemed vacated, and the matter shall be processed by means of formal disciplinary proceedings.
(8) All administrative fines collected pursuant to this section shall be
transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund.
(9) Any application for licensure from a person whose license has been
revoked shall not be considered until the passage of one year from the date of revocation.
(10) When the division becomes aware of facts or circumstances that fall
within the jurisdiction of a criminal justice or other law enforcement authority upon investigation of the activities of a licensee, the division shall, in addition to the exercise of its authority under this part 2, refer and transmit the information, which may include originals or copies of documents and materials, to one or more criminal justice or other law enforcement authorities for investigation and prosecution as authorized by law.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
631, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-113 as it existed prior to
2019.
Cross references: For alternative disciplinary actions for persons licensed
pursuant to this part 2, see � 24-34-106.
C.R.S. § 12-10-218
12-10-218. Affiliated business arrangements - definitions - disclosures - enforcement and penalties - reporting - rules - investigation information shared with the division of insurance. (1) As used in this section, unless the context otherwise requires:
(a) Affiliated business arrangement means an arrangement in which:
(I) A provider of settlement services or an associate of a provider of
settlement services has either an affiliate relationship with or a direct beneficial ownership interest of more than one percent in another provider of settlement services; and
(II) A provider of settlement services or the associate of a provider directly or
indirectly refers settlement service business to another provider of settlement services or affirmatively influences the selection of another provider of settlement services.
(b) Associate means a person who has one or more of the following
relationships with a person in a position to refer settlement service business:
(I) A spouse, parent, or child of the person;
(II) A corporation or business entity that controls, is controlled by, or is under
common control with the person;
(III) An employer, officer, director, partner, franchiser, or franchisee of the
person, including a broker acting as an independent contractor; or
(IV) Anyone who has an agreement, arrangement, or understanding with the
person, the purpose or substantial effect of which is to enable the person in a position to refer settlement service business to benefit financially from referrals of the business.
(c) Settlement service means any service provided in connection with a
real estate settlement including, but not limited to, the following:
(I) Title searches;
(II) Title examinations;
(III) The provision of title certificates;
(IV) Title insurance;
(V) Services rendered by an attorney;
(VI) The preparation of title documents;
(VII) Property surveys;
(VIII) The rendering of credit reports or appraisals;
(IX) Real estate appraisal services;
(X) Home inspection services;
(XI) Services rendered by a real estate broker;
(XII) Pest and fungus inspections;
(XIII) The origination of a loan;
(XIV) The taking of a loan application;
(XV) The processing of a loan;
(XVI) Underwriting and funding of a loan;
(XVII) Escrow handling services;
(XVIII) The handling of the processing; and
(XIX) Closing of settlement.
(2) (a) An affiliated business arrangement is permitted where the person
referring business to the affiliated business arrangement receives payment only in the form of a return on an investment and where it does not violate the provisions of section 12-10-217.
(b) If a licensee or the employing broker of a licensee is part of an affiliated
business arrangement when an offer to purchase real property is fully executed, the licensee shall disclose to all parties to the real estate transaction the existence of the arrangement. The disclosure shall be written, shall be signed by all parties to the real estate transaction, and shall comply with the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. sec. 2601 et seq.
(c) A licensee shall not require the use of an affiliated business arrangement
or a particular provider of settlement services as a condition of obtaining services from that licensee for any settlement service. For the purposes of this subsection (2)(c), require the use shall have the same meaning as required use in 24 CFR 3500.2 (b).
(d) No licensee shall give or accept any fee, kickback, or other thing of value
pursuant to any agreement or understanding, oral or otherwise, that business incident to or part of a settlement service involving an affiliated business arrangement shall be referred to any provider of settlement services.
(e) Nothing in this section shall be construed to prohibit payment of a fee to:
(I) An attorney for services actually rendered;
(II) A title insurance company to its duly appointed agent for services
actually performed in the issuance of a policy of title insurance;
(III) A lender to its duly appointed agent for services actually performed in
the making of a loan.
(f) Nothing in this section shall be construed to prohibit payment to any
person of:
(I) A bona fide salary or compensation or other payment for goods or
facilities actually furnished or for services actually performed;
(II) A fee pursuant to cooperative brokerage and referral arrangements or
agreements between real estate brokers.
(g) It shall not be a violation of this section for an affiliated business
arrangement:
(I) To require a buyer, borrower, or seller to pay for the services of any
attorney, credit reporting agency, or real estate appraiser chosen by the lender to represent the lender's interest in a real estate transaction; or
(II) If an attorney or law firm represents a client in a real estate transaction
and issues or arranges for the issuance of a policy of title insurance in the transaction directly as agent or through a separate corporate title insurance agency that may be established by that attorney or law firm and operated as an adjunct to his or her law practice.
(h) No person shall be liable for a violation of this section if the person
proves by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding maintenance of procedures that are reasonably adopted to avoid the error.
(3) On and after July 1, 2006, a licensee shall disclose at the time the
licensee enters into or changes an affiliated business arrangement, in a form and manner acceptable to the commission, the names of all affiliated business arrangements to which the licensee is a party. The disclosure shall include the physical locations of the affiliated businesses.
(4) On and after July 1, 2006, an employing broker, in a form and manner
acceptable to the commission, shall at least annually disclose the names of all affiliated business arrangements to which the employing broker is a party. The disclosure shall include the physical locations of the affiliated businesses.
(5) The commission may promulgate rules concerning the creation and
conduct of an affiliated business arrangement, including, but not limited to, rules defining what constitutes a sham affiliated business arrangement. The commission shall adopt the rules, policies, or guidelines issued by the United States department of housing and urban development concerning the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. sec. 2601 et seq. Rules adopted by the commission shall be at least as stringent as the federal rules and shall ensure that consumers are adequately informed about affiliated business arrangements. The commission shall consult with the insurance commissioner pursuant to section 10-11-124 (2), concerning rules, policies, or guidelines the insurance commissioner adopts concerning affiliated business arrangements. Neither the rules promulgated by the insurance commissioner nor the commission may create a conflicting regulatory burden on an affiliated business arrangement.
(6) The division of real estate may share information gathered during an
investigation of an affiliated business arrangement with the division of insurance.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
636, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-113.2 as it existed prior
to 2019.
C.R.S. § 12-10-219
12-10-219. Hearing - administrative law judge - review - rules. (1) Except as otherwise provided in this section, all proceedings before the commission with respect to disciplinary actions and denial of licensure under this part 2 and part 4 of this article 10 and certifications issued under part 5 of this article 10 shall be conducted by an administrative law judge pursuant to the provisions of sections 24-4-104 and 24-4-105.
(2) The proceedings shall be held in the county where the commission has its
office or in such other place as the commission may designate. If the licensee is an employed broker, the commission shall also notify the broker employing the licensee by mailing, by first-class mail, a copy of the written notice required under section 24-4-104 (3) to the employing broker's last-known business address.
(3) An administrative law judge shall conduct all hearings for denying,
suspending, or revoking a license or certificate on behalf of the commission, subject to appropriations made to the department of personnel. Each administrative law judge shall be appointed pursuant to part 10 of article 30 of title 24. The administrative law judge shall conduct the hearing pursuant to the provisions of sections 24-4-104 and 24-4-105. No license shall be denied, suspended, or revoked until the commission has made its decision by a majority vote.
(4) The decision of the commission in any disciplinary action or denial of
licensure under this section is subject to review by the court of appeals by appropriate proceedings under section 24-4-106 (11). In order to effectuate the purposes of parts 2, 4, and 5 of this article 10, the commission has the power to promulgate rules pursuant to article 4 of title 24. The commission may appear in court by its own attorney.
(5) Pursuant to the proceeding, the court has the right, in its discretion, to
stay the execution or effect of any final order of the commission; but a hearing shall be held affording the parties an opportunity to be heard for the purpose of determining whether the public health, safety, and welfare would be endangered by staying the commission's order. If the court determines that the order should be stayed, it shall also determine at the hearing the amount of the bond and adequacy of the surety, which bond shall be conditioned upon the faithful performance by the petitioner of all obligations as a real estate broker and upon the prompt payment of all damages arising from or caused by the delay in the taking effect of or enforcement of the order complained of and for all costs that may be assessed or required to be paid in connection with the proceedings.
(6) In any hearing conducted by the commission in which there is a possibility
of the denial, suspension, or revocation of a license because of the conviction of a felony or of a crime involving moral turpitude, the commission shall be governed by the provisions of section 24-5-101.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
639, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-114 as it existed prior to
2019.
C.R.S. § 12-10-221
12-10-221. Broker remuneration. It is unlawful for a real estate broker registered in the commission office as in the employ of another broker to accept a commission or valuable consideration for the performance of any of the acts specified in this part 2 from any person except the broker's employer, who shall be a licensed real estate broker.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
640, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-117 as it existed prior to
2019.
C.R.S. § 12-10-222
12-10-222. Acts of third parties - broker's liability. Any unlawful act or violation of any of the provisions of this part 2 upon the part of an employee, officer, or member of a licensed real estate broker shall not be cause for disciplinary action against a real estate broker, unless it appears to the satisfaction of the commission that the real estate broker had actual knowledge of the unlawful act or violation or had been negligent in the supervision of employees.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
640, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-118 as it existed prior to
2019.
C.R.S. § 12-10-223
12-10-223. Violations. Any natural person, firm, partnership, limited liability company, association, or corporation violating the provisions of this part 2 by acting as real estate broker in this state without having obtained a license or by acting as real estate broker after the broker's license has been revoked or during any period for which the license may have been suspended commits a class 2 misdemeanor.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
641, � 1, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3153, � 134, effective March 1, 2022.
Editor's note: This section is similar to former � 12-61-119 as it existed prior to
2019.
C.R.S. § 12-10-227
12-10-227. Repeal of part - subject to review. This part 2 is repealed, effective September 1, 2026. Before the repeal, the division, including the commission, 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.
642, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-123 as it existed prior
to 2019.
PART 3
BROKERS' COMMISSIONS
C.R.S. § 12-10-301
12-10-301. When entitled to commission. No real estate agent or broker is entitled to a commission for finding a purchaser who is ready, willing, and able to complete the purchase of real estate as proposed by the owner until the same is consummated or is defeated by the refusal or neglect of the owner to consummate the same as agreed upon.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
642, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-201 as it existed prior
to 2019.
C.R.S. § 12-10-302
12-10-302. Objections on account of title. No real estate agent or broker is entitled to a commission when a proposed purchaser fails or refuses to complete his or her contract of purchase because of defects in the title of the owner, unless the owner, within a reasonable time, has the defects corrected by legal proceedings or otherwise.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
642, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-202 as it existed prior
to 2019.
C.R.S. § 12-10-303
12-10-303. When owner must perfect title. The owner shall not be required to begin legal or other proceedings for the correction of a title until the agent or broker secures from the proposed purchaser an enforceable contract in writing, binding him or her to complete the purchase whenever the defects in the title are corrected.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
642, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-203 as it existed prior
to 2019.
C.R.S. § 12-10-304
12-10-304. Referral fees - conformity with federal law required - remedies for violation - definitions. (1) A person licensed under part 2, 3, or 5 of this article 10 shall not pay or receive a referral fee except in accordance with the federal Real Estate Settlement Procedures Act of 1974, as amended, 12 U.S.C. sec. 2601 et seq., and unless reasonable cause for payment of the referral fee exists. A reasonable cause for payment means:
(a) An actual introduction of business has been made;
(b) A contractual referral fee relationship exists; or
(c) A contractual cooperative brokerage relationship exists.
(2) (a) No person shall interfere with the brokerage relationship of a licensee.
(b) As used in this subsection (2):
(I) Brokerage relationship means a relationship entered into between a
broker and a buyer, seller, landlord, or tenant under which the broker engages in any of the acts set forth in section 12-10-201 (6). A brokerage relationship is not established until a written brokerage agreement is entered into between the parties or is otherwise established by law.
(II) Interfere with the brokerage relationship means demanding a referral
fee from a licensee without reasonable cause.
(III) Referral fee means any fee paid by a licensee to any person or entity,
other than a cooperative commission offered by a listing broker to a selling broker or vice versa.
(3) Any person aggrieved by a violation of any provision of this section may
bring a civil action in a court of competent jurisdiction. The prevailing party in any such action shall be entitled to actual damages and, in addition, the court may award an amount up to three times the amount of actual damages sustained as a result of any such violation plus reasonable attorney fees.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
642, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-203.5 as it existed prior
to 2019.
C.R.S. § 12-10-305
12-10-305. Repeal of part - subject to review. This part 3 is repealed, effective September 1, 2026. Before the repeal, this part 3 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.
643, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-204 as it existed prior
to 2019.
PART 4
BROKERAGE RELATIONSHIPS
Law reviews: For article, The New Brokerage Legislation: The Demise of
'Agency By Surprise', see 22 Colo. Law. 1919 (1993); for article, Designated Brokerage: Colorado Real Estate Agency Law Evolves Again, see 32 Colo. Law. 11 (March 2003).
C.R.S. § 12-10-401
12-10-401. Legislative declaration. (1) The general assembly finds, determines, and declares that the public will best be served through a better understanding of the public's legal and working relationships with real estate brokers and by being able to engage any such real estate broker on terms and under conditions that the public and the real estate broker find acceptable. This includes engaging a broker as a single agent or transaction-broker. Individual members of the public should not be exposed to liability for acts or omissions of real estate brokers that have not been approved, directed, or ratified by the individuals. Further, the public should be advised of the general duties, obligations, and responsibilities of the real estate broker they engage.
(2) This part 4 is enacted to govern the relationships between real estate
brokers and sellers, landlords, buyers, and tenants in real estate transactions.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
643, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-801 as it existed prior
to 2019.
C.R.S. § 12-10-402
12-10-402. Definitions. As used in this part 4, unless the context otherwise requires:
(1) Broker shall have the same meaning as set forth in section 12-10-201 (6),
except as otherwise specified in this part 4.
(2) Customer means a party to a real estate transaction with whom the
broker has no brokerage relationship because the party has not engaged or employed a broker.
(3) (a) Designated broker means an employing broker or employed broker
who is designated in writing by an employing broker to serve as a single agent or transaction-broker for a seller, landlord, buyer, or tenant in a real estate transaction.
(b) Designated broker does not include a real estate brokerage firm that
consists of only one licensed natural person.
(4) Dual agent means a broker who, with the written informed consent of
all parties to a contemplated real estate transaction, is engaged as a limited agent for both the seller and buyer or both the landlord and tenant.
(5) Limited agent means an agent whose duties and obligations to a
principal are only those set forth in section 12-10-404 or 12-10-405, with any additional duties and obligations agreed to pursuant to section 12-10-403 (5).
(6) Single agent means a broker who is engaged by and represents only
one party in a real estate transaction. A single agent includes the following:
(a) Buyer's agent, which means a broker who is engaged by and represents
the buyer in a real estate transaction;
(b) Landlord's agent, which means a broker who is engaged by and
represents the landlord in a leasing transaction;
(c) Seller's agent, which means a broker who is engaged by and represents
the seller in a real estate transaction; and
(d) Tenant's agent, which means a broker who is engaged by and
represents the tenant in a leasing transaction.
(7) Subagent means a broker engaged to act for another broker in
performing brokerage tasks for a principal. The subagent owes the same obligations and responsibilities to the principal as does the principal's broker.
(8) Transaction-broker means a broker who assists one or more parties
throughout a contemplated real estate transaction with communication, interposition, advisement, negotiation, contract terms, and the closing of the real estate transaction without being an agent or advocate for the interests of any party to the transaction. Upon agreement in writing pursuant to section 12-10-403 (2) or a written disclosure pursuant to section 12-10-408 (2)(c), a transaction-broker may become a single agent.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
643, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-802 as it existed prior
to 2019.
C.R.S. § 12-10-403
12-10-403. Relationships between brokers and the public - definition - rules. (1) When engaged in any of the activities enumerated in section 12-10-201 (6), a broker may act in any transaction as a single agent or transaction-broker. The broker's general duties and obligations arising from that relationship shall be disclosed to the seller and the buyer or to the landlord and the tenant pursuant to section 12-10-408.
(2) A broker shall be considered a transaction-broker unless a single agency
relationship is established through a written agreement between the broker and the party or parties to be represented by the broker.
(3) A broker may work with a single party in separate transactions pursuant
to different relationships including, but not limited to, selling one property as a seller's agent and working with that seller in buying another property as a transaction-broker or buyer's agent, but only if the broker complies with this part 4 in establishing the relationships for each transaction.
(4) (a) A broker licensed pursuant to part 2 of this article 10, whether acting
as a single agent or transaction-broker, may complete standard forms for use in a real estate transaction, including standard forms intended to convey personal property as part of the real estate transaction, when a broker is performing the activities enumerated or referred to in section 12-10-201 (6) in the transaction.
(b) As used in this subsection (4), standard form means:
(I) A form promulgated by the real estate commission for current use by
brokers, also referred to in this section as a commission-approved form;
(II) A form drafted by a licensed Colorado attorney representing the broker,
employing broker, or brokerage firm, so long as the name of the attorney or law firm and the name of the broker, employing broker, or brokerage firm for whom the form is prepared are included on the form itself;
(III) A form provided by a party to the transaction if the broker is acting in the
transaction as either a transaction-broker or as a single agent for the party providing the form to the broker, so long as the broker retains written confirmation that the form was provided by a party to the transaction;
(IV) A form prescribed by a governmental agency, a quasi-governmental
agency, or a lender regulated by state or federal law, if use of the form is mandated by the agency or lender;
(V) A form issued with the written approval of the Colorado Bar Association
or its successor organization and specifically designated for use by brokers in Colorado, so long as the form is used within any guidelines or conditions specified by the Colorado Bar Association or successor organization in connection with the use of the form;
(VI) A form used for disclosure purposes only, if the disclosure does not
purport to waive or create any legal rights or obligations affecting any party to the transaction and if the form provides only information concerning either:
(A) The real estate involved in the transaction specifically; or
(B) The geographic area in which the real estate is located generally;
(VII) A form prescribed by a title company that is providing closing services
in a transaction for which the broker is acting either as a transaction-broker or as a single agent for a party to the transaction; or
(VIII) A letter of intent created or prepared by a broker, employing broker, or
brokerage firm, so long as the letter of intent states on its face that it is nonbinding and creates no legal rights or obligations.
(c) A broker shall use a commission-approved form when such a form exists
and is appropriate for the transaction. A broker's use of any standard form described in subsection (4)(b)(III) or (4)(b)(IV) of this section must be limited to inserting transaction-specific information within the form. In using standard forms described in subsection (4)(b)(II), (4)(b)(V), (4)(b)(VI), (4)(b)(VII), or (4)(b)(VIII) of this section, the broker may also advise the parties as to effects thereof, and the broker's use of those standard forms must be appropriate for the transaction and the circumstances in which they are used. In any transaction described in this subsection (4), the broker shall advise the parties that the forms have important legal consequences and that the parties should consult legal counsel before signing the forms.
(5) Nothing contained in this section shall prohibit the public from entering
into written contracts with any broker that contain duties, obligations, or responsibilities that are in addition to those specified in this part 4.
(6) (a) If a real estate brokerage firm has more than one licensed natural
person, the employing broker or an individual broker employed or engaged by that employing broker shall be designated to work with the seller, landlord, buyer, or tenant as a designated broker. The employing broker may designate more than one of its individual brokers to work with a seller, landlord, buyer, or tenant.
(b) The brokerage relationship established between the seller, landlord,
buyer, or tenant and a designated broker, including the duties, obligations, and responsibilities of that relationship, shall not extend to the employing broker nor to any other broker employed or engaged by that employing broker who has not been so designated and shall not extend to the firm, partnership, limited liability company, association, corporation, or other entity that employs the broker.
(c) A real estate broker may have designated brokers working as single
agents for a seller or landlord and a buyer or tenant in the same real estate transaction without creating dual agency for the employing real estate broker, or any broker employed or engaged by that employing real estate broker.
(d) An individual broker may be designated to work for both a seller or
landlord and a buyer or tenant in the same transaction as a transaction-broker for both, as a single agent for the seller or landlord treating the buyer or tenant as a customer, or as a single agent for a buyer or tenant treating the seller or landlord as a customer, but not as a single agent for both. The applicable designated broker relationship shall be disclosed in writing to the seller or landlord and buyer or tenant in a timely manner pursuant to rules promulgated by the real estate commission.
(e) A designated broker may work with a seller or landlord in one transaction
and work with a buyer or tenant in another transaction.
(f) When a designated broker serves as a single agent pursuant to section
12-10-404 or 12-10-405, there shall be no imputation of knowledge to the employing or employed broker who has not been so designated.
(g) The extent and limitations of the brokerage relationship with the
designated broker shall be disclosed to the seller, landlord, buyer, or tenant working with that designated broker pursuant to section 12-10-408.
(7) No seller, buyer, landlord, or tenant shall be vicariously liable for a
broker's acts or omissions that have not been approved, directed, or ratified by the seller, buyer, landlord, or tenant.
(8) Nothing in this section shall be construed to limit the employing broker's
or firm's responsibility to supervise licensees employed by the broker or firm nor to shield the broker or firm from vicarious liability.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
644, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-803 as it existed prior
to 2019.
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. § 12-10-404
12-10-404. Single agent engaged by seller or landlord. (1) A broker engaged by a seller or landlord to act as a seller's agent or a landlord's agent is a limited agent with the following duties and obligations:
(a) To perform the terms of the written agreement made with the seller or
landlord;
(b) To exercise reasonable skill and care for the seller or landlord;
(c) To promote the interests of the seller or landlord with the utmost good
faith, loyalty, and fidelity, including, but not limited to:
(I) Seeking a price and terms that are acceptable to the seller or landlord;
except that the broker shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract for sale or to seek additional offers to lease the property while the property is subject to a lease or letter of intent to lease;
(II) Presenting all offers to and from the seller or landlord in a timely manner
regardless of whether the property is subject to a contract for sale or a lease or letter of intent to lease;
(III) Disclosing to the seller or landlord adverse material facts actually known
by the broker;
(IV) Counseling the seller or landlord as to any material benefits or risks of a
transaction that are actually known by the broker;
(V) Advising the seller or landlord to obtain expert advice as to material
matters about which the broker knows but the specifics of which are beyond the expertise of the broker;
(VI) Accounting in a timely manner for all money and property received; and
(VII) Informing the seller or landlord that the seller or landlord shall not be
vicariously liable for the acts of the seller's or landlord's agent that are not approved, directed, or ratified by the seller or landlord;
(d) To comply with all requirements of this article 10 and any rules
promulgated pursuant to this article 10; and
(e) To comply with any applicable federal, state, or local laws, rules,
regulations, or ordinances including fair housing and civil rights statutes or regulations.
(2) The following information shall not be disclosed by a broker acting as a
seller's or landlord's agent without the informed consent of the seller or landlord:
(a) That a seller or landlord is willing to accept less than the asking price or
lease rate for the property;
(b) What the motivating factors are for the party selling or leasing the
property;
(c) That the seller or landlord will agree to financing terms other than those
offered;
(d) Any material information about the seller or landlord unless disclosure is
required by law or failure to disclose the information would constitute fraud or dishonest dealing; or
(e) Any facts or suspicions regarding circumstances that may
psychologically impact or stigmatize any real property pursuant to section 38-35.5-101.
(3) (a) A broker acting as a seller's or landlord's agent owes no duty or
obligation to the buyer or tenant; except that a broker shall, subject to the limitations of section 38-35.5-101, concerning psychologically impacted property, disclose to any prospective buyer or tenant all adverse material facts actually known by the broker. The adverse material facts may include but shall not be limited to adverse material facts pertaining to the title and the physical condition of the property, any material defects in the property, and any environmental hazards affecting the property that are required by law to be disclosed.
(b) A seller's or landlord's agent owes no duty to conduct an independent
inspection of the property for the benefit of the buyer or tenant and owes no duty to independently verify the accuracy or completeness of any statement made by the seller or landlord or any independent inspector.
(4) A seller's or landlord's agent may show alternative properties not owned
by the seller or landlord to prospective buyers or tenants and may list competing properties for sale or lease and not be deemed to have breached any duty or obligation to the seller or landlord.
(5) A designated broker acting as a seller's or landlord's agent may
cooperate with other brokers but may not engage or create any subagents.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
647, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-804 as it existed prior
to 2019.
C.R.S. § 12-10-405
12-10-405. Single agent engaged by buyer or tenant. (1) A broker engaged by a buyer or tenant to act as a buyer's or tenant's agent shall be a limited agent with the following duties and obligations:
(a) To perform the terms of the written agreement made with the buyer or
tenant;
(b) To exercise reasonable skill and care for the buyer or tenant;
(c) To promote the interests of the buyer or tenant with the utmost good
faith, loyalty, and fidelity, including, but not limited to:
(I) Seeking a price and terms that are acceptable to the buyer or tenant;
except that the broker shall not be obligated to seek other properties while the buyer is a party to a contract to purchase property or while the tenant is a party to a lease or letter of intent to lease;
(II) Presenting all offers to and from the buyer or tenant in a timely manner
regardless of whether the buyer is already a party to a contract to purchase property or the tenant is already a party to a contract or a letter of intent to lease;
(III) Disclosing to the buyer or tenant adverse material facts actually known
by the broker;
(IV) Counseling the buyer or tenant as to any material benefits or risks of a
transaction that are actually known by the broker;
(V) Advising the buyer or tenant to obtain expert advice as to material
matters about which the broker knows but the specifics of which are beyond the expertise of the broker;
(VI) Accounting in a timely manner for all money and property received; and
(VII) Informing the buyer or tenant that the buyer or tenant shall not be
vicariously liable for the acts of the buyer's or tenant's agent that are not approved, directed, or ratified by the buyer or tenant;
(d) To comply with all requirements of this article 10 and any rules
promulgated pursuant to this article 10; and
(e) To comply with any applicable federal, state, or local laws, rules,
regulations, or ordinances including fair housing and civil rights statutes or regulations.
(2) The following information shall not be disclosed by a broker acting as a
buyer's or tenant's agent without the informed consent of the buyer or tenant:
(a) That a buyer or tenant is willing to pay more than the purchase price or
lease rate for the property;
(b) What the motivating factors are for the party buying or leasing the
property;
(c) That the buyer or tenant will agree to financing terms other than those
offered;
(d) Any material information about the buyer or tenant unless disclosure is
required by law or failure to disclose the information would constitute fraud or dishonest dealing; or
(e) Any facts or suspicions regarding circumstances that would
psychologically impact or stigmatize any real property pursuant to section 38-35.5-101.
(3) (a) A broker acting as a buyer's or tenant's agent owes no duty or
obligation to the seller or landlord; except that the broker shall disclose to any prospective seller or landlord all adverse material facts actually known by the broker including but not limited to adverse material facts concerning the buyer's or tenant's financial ability to perform the terms of the transaction and whether the buyer intends to occupy the property to be purchased as a principal residence.
(b) A buyer's or tenant's agent owes no duty to conduct an independent
investigation of the buyer's or tenant's financial condition for the benefit of the seller or landlord and owes no duty to independently verify the accuracy or completeness of statements made by the buyer or tenant or any independent inspector.
(4) A buyer's or tenant's agent may show properties in which the buyer or
tenant is interested to other prospective buyers or tenants without breaching any duty or obligation to the buyer or tenant. Nothing in this section shall be construed to prohibit a buyer's or tenant's agent from showing competing buyers or tenants the same property and from assisting competing buyers or tenants in attempting to purchase or lease a particular property.
(5) A broker acting as a buyer's or tenant's agent owes no duty to conduct an
independent inspection of the property for the benefit of the buyer or tenant and owes no duty to independently verify the accuracy or completeness of statements made by the seller, landlord, or independent inspectors; except that nothing in this subsection (5) shall be construed to limit the broker's duties and obligations imposed pursuant to subsection (1) of this section.
(6) A broker acting as a buyer's or tenant's agent may cooperate with other
brokers but may not engage or create any subagents.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
648, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-805 as it existed prior
to 2019.
C.R.S. § 12-10-406
12-10-406. Dual agent. A broker shall not establish dual agency with any seller, landlord, buyer, or tenant.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
650, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-806 as it existed prior
to 2019.
C.R.S. § 12-10-407
12-10-407. Transaction-broker. (1) A broker engaged as a transaction-broker is not an agent for either party.
(2) A transaction-broker shall have the following obligations and
responsibilities:
(a) To perform the terms of any written or oral agreement made with any
party to the transaction;
(b) To exercise reasonable skill and care as a transaction-broker, including,
but not limited to:
(I) Presenting all offers and counteroffers in a timely manner regardless of
whether the property is subject to a contract for sale or lease or letter of intent;
(II) Advising the parties regarding the transaction and suggesting that the
parties obtain expert advice as to material matters about which the transaction-broker knows but the specifics of which are beyond the expertise of the broker;
(III) Accounting in a timely manner for all money and property received;
(IV) Keeping the parties fully informed regarding the transaction;
(V) Assisting the parties in complying with the terms and conditions of any
contract including closing the transaction;
(VI) Disclosing to all prospective buyers or tenants any adverse material
facts actually known by the broker including but not limited to adverse material facts pertaining to the title, the physical condition of the property, any defects in the property, and any environmental hazards affecting the property required by law to be disclosed;
(VII) Disclosing to any prospective seller or landlord all adverse material
facts actually known by the broker including but not limited to adverse material facts pertaining to the buyer's or tenant's financial ability to perform the terms of the transaction and the buyer's intent to occupy the property as a principal residence; and
(VIII) Informing the parties that as seller and buyer or as landlord and tenant
they shall not be vicariously liable for any acts of the transaction-broker;
(c) To comply with all requirements of this article 10 and any rules
promulgated pursuant to this article 10; and
(d) To comply with any applicable federal, state, or local laws, rules,
regulations, or ordinances including fair housing and civil rights statutes or regulations.
(3) The following information shall not be disclosed by a transaction-broker
without the informed consent of all parties:
(a) That a buyer or tenant is willing to pay more than the purchase price or
lease rate offered for the property;
(b) That a seller or landlord is willing to accept less than the asking price or
lease rate for the property;
(c) What the motivating factors are for any party buying, selling, or leasing
the property;
(d) That a seller, buyer, landlord, or tenant will agree to financing terms
other than those offered;
(e) Any facts or suspicions regarding circumstances that may
psychologically impact or stigmatize any real property pursuant to section 38-35.5-101; or
(f) Any material information about the other party unless disclosure is
required by law or failure to disclose the information would constitute fraud or dishonest dealing.
(4) A transaction-broker has no duty to conduct an independent inspection
of the property for the benefit of the buyer or tenant and has no duty to independently verify the accuracy or completeness of statements made by the seller, landlord, or independent inspectors.
(5) A transaction-broker has no duty to conduct an independent investigation
of the buyer's or tenant's financial condition or to verify the accuracy or completeness of any statement made by the buyer or tenant.
(6) A transaction-broker may do the following without breaching any
obligation or responsibility:
(a) Show alternative properties not owned by the seller or landlord to a
prospective buyer or tenant;
(b) List competing properties for sale or lease;
(c) Show properties in which the buyer or tenant is interested to other
prospective buyers or tenants; and
(d) Serve as a single agent or transaction-broker for the same or for different
parties in other real estate transactions.
(7) There shall be no imputation of knowledge or information between any
party and the transaction-broker or among persons within an entity engaged as a transaction-broker.
(8) A transaction-broker may cooperate with other brokers but shall not
engage or create any subagents.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
650, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-807 as it existed prior
to 2019.
C.R.S. § 12-10-408
12-10-408. Broker disclosures. (1) (a) Any person, firm, partnership, limited liability company, association, or corporation acting as a broker shall adopt a written office policy that identifies and describes the relationships offered to the public by the broker.
(b) A broker shall not be required to offer or engage in any one or in all of the
brokerage relationships enumerated in section 12-10-404, 12-10-405, or 12-10-407.
(c) Written disclosures and written agreements required by subsection (2) of
this section shall contain a statement to the seller, landlord, buyer, or tenant that different brokerage relationships are available that include buyer agency, seller agency, or status as a transaction-broker. Should the seller, landlord, buyer, or tenant request information or ask questions concerning a brokerage relationship not offered by the broker pursuant to the broker's written office policy enumerated in subsection (1)(a) of this section, the broker shall provide to the party a written definition of that brokerage relationship that has been promulgated by the real estate commission.
(d) Disclosures made in accordance with this part 4 shall be sufficient to
disclose brokerage relationships to the public.
(2) (a) (I) Prior to engaging in any of the activities enumerated in section 12-10-201 (6), a transaction-broker shall disclose in writing to the party to be assisted
that the broker is not acting as agent for the party and that the broker is acting as a transaction-broker.
(II) As part of each relationship entered into by a broker pursuant to
subsection (2)(a)(I) of this section, written disclosure shall be made that shall contain a signature block for the buyer, seller, landlord, or tenant to acknowledge receipt of the disclosure. The disclosure and acknowledgment, by itself, shall not constitute a contract with the broker. If the buyer, seller, landlord, or tenant chooses not to sign the acknowledgment, the broker shall note that fact on a copy of the disclosure and shall retain the copy.
(III) If the transaction-broker undertakes any obligations or responsibilities in
addition to or different from those set forth in section 12-10-407, the obligations or responsibilities shall be disclosed in a writing that shall be signed by the involved parties.
(b) Prior to engaging in any of the activities enumerated in section 12-10-201
(6), a broker intending to establish a single agency relationship with a seller, landlord, buyer, or tenant shall enter into a written agency agreement with the party to be represented. The agreement shall disclose the duties and responsibilities specified in section 12-10-404 or 12-10-405, as applicable. Notice of the single agency relationship shall be furnished to any prospective party to the proposed transaction in a timely manner.
(c) (I) Prior to engaging in any of the activities enumerated in section 12-10-201 (6), a broker intending to work with a buyer or tenant as an agent of the seller or
landlord shall provide a written disclosure to the buyer or tenant that shall contain the following:
(A) A statement that the broker is an agent for the seller or landlord and is
not an agent for the buyer or tenant;
(B) A list of the tasks that the agent intends to perform for the seller or
landlord with the buyer or tenant; and
(C) A statement that the buyer or tenant shall not be vicariously liable for the
acts of the agent unless the buyer or tenant approves, directs, or ratifies the acts.
(II) The written disclosure required pursuant to subsection (2)(c)(I) of this
section shall contain a signature block for the buyer or tenant to acknowledge receipt of the disclosure. The disclosure and acknowledgment, by itself, shall not constitute a contract with the broker. If the buyer or tenant does not sign the disclosure, the broker shall note that fact on a copy of the disclosure and retain the copy.
(d) A broker who has already established a relationship with one party to a
proposed transaction shall advise at the earliest reasonable opportunity any other potential parties or their agents of the established relationship.
(e) (I) Prior to engaging in any of the activities enumerated in section 12-10-201 (6), the seller, buyer, landlord, or tenant shall be advised in any written
agreement with a broker that the brokerage relationship exists only with the designated broker, does not extend to the employing broker or to any other brokers employed or engaged by the employing broker who are not so designated, and does not extend to the brokerage company.
(II) Nothing in this subsection (2)(e) shall be construed to limit the employing
broker's or firm's responsibility to supervise licensees employed by the broker or firm nor to shield the broker or firm from vicarious liability.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
652, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-808 as it existed prior
to 2019.
C.R.S. § 12-10-409
12-10-409. Duration of relationship. (1) (a) The relationships set forth in this part 4 shall commence at the time that the broker is engaged by a party and shall continue until performance or completion of the agreement by which the broker was engaged.
(b) If the agreement by which the broker was engaged is not performed or
completed for any reason, the relationship shall end at the earlier of the following:
(I) Any date of expiration agreed upon by the parties;
(II) Any termination or relinquishment of the relationship by the parties; or
(III) One year after the date of the engagement.
(2) (a) Except as otherwise agreed to in writing and pursuant to subsection
(2)(b) of this section, a broker engaged as a seller's agent or buyer's agent owes no further duty or obligation after termination or expiration of the contract or completion of performance.
(b) Notwithstanding subsection (2)(a) of this section, a broker shall be
responsible after termination or expiration of the contract or completion of performance for the following:
(I) Accounting for all money and property related to and received during the
engagement; and
(II) Keeping confidential all information received during the course of the
engagement that was made confidential by request or instructions from the engaging party unless:
(A) The engaging party grants written consent to disclose the information;
(B) Disclosure of the information is required by law; or
(C) The information is made public or becomes public by the words or
conduct of the engaging party or from a source other than the broker.
(3) Except as otherwise agreed to in writing, a transaction-broker owes no
further obligation or responsibility to the engaging party after termination or expiration of the contract for performance or completion of performance; except that the broker shall account for all money and property related to and received during the engagement.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
654, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-809 as it existed prior
to 2019.
C.R.S. § 12-10-410
12-10-410. Compensation. (1) In any real estate transaction, the broker's compensation may be paid by the seller, the buyer, the landlord, the tenant, a third party, or by the sharing or splitting of a commission or compensation between brokers.
(2) Payment of compensation shall not be construed to establish an agency
relationship between the broker and the party who paid the compensation.
(3) A seller or landlord may agree that a transaction-broker or single agent
may share the commission or other compensation paid by the seller or landlord with another broker.
(4) A buyer or tenant may agree that a single agent or transaction-broker
may share the commission or other compensation paid by the buyer or tenant with another broker.
(5) A buyer's or tenant's agent shall obtain the written approval of the buyer
or tenant before the agent may propose to the seller's or landlord's agent that the buyer's or tenant's agent be compensated by sharing compensation paid by the seller or landlord.
(6) Prior to entering into a brokerage or listing agreement or a contract to
buy, sell, or lease, the identity of those parties, persons, or entities paying compensation or commissions to any broker shall be disclosed to the parties to the transaction.
(7) A broker may be compensated by more than one party for services in a
transaction if those parties have consented in writing to such multiple payments prior to entering into a contract to buy, sell, or lease.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
655, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-810 as it existed prior
to 2019.
C.R.S. § 12-10-411
12-10-411. Violations. The violation of any provision of this part 4 by a broker constitutes an act pursuant to section 12-10-217 (1)(m) for which the real estate commission may investigate and take administrative action against any such broker pursuant to sections 12-10-217 and 12-10-219.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
655, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-811 as it existed prior to
2019.
PART 5
SUBDIVISIONS
Cross references: For regulation of subdivisions by planning commissions,
see part 1 of article 28 of title 30 and part 2 of article 23 of title 31.
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. § 12-10-508
12-10-508. Repeal of part - subject to review. This part 5 is repealed, effective September 1, 2026. Before the repeal, this part 5 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.
663, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-408 as it existed prior
to 2019.
PART 6
REAL ESTATE APPRAISERS
Law reviews: For article, Professional Standards for the Appraiser, see 22
Colo. Law. 1263 (1993).
C.R.S. § 12-10-601
12-10-601. Legislative declaration. The general assembly finds, determines, and declares that sections 12-10-602 to 12-10-623 are enacted pursuant to the requirements of the Real Estate Appraisal Reform Amendments, Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended, 12 U.S.C. secs. 3331 to 3351. The general assembly further finds, determines, and declares that sections 12-10-602 to 12-10-623 are intended to implement the requirements of federal law in the least burdensome manner to real estate appraisers and appraisal management companies. Licensed ad valorem appraisers licensed under this article 10 are not regulated by the federal Real Estate Appraisal Reform Amendments, Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended, 12 U.S.C. secs. 3331 to 3351.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
663, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-701 as it existed prior
to 2019.
C.R.S. § 12-10-602
12-10-602. Definitions. As used in this part 6, unless the context otherwise requires:
(1) (a) Appraisal, appraisal report, or real estate appraisal means a
written or oral analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate that is transmitted to the client upon the completion of an assignment. These terms include a valuation, which is an opinion of the value of real estate, and an analysis, which is a general study of real estate not specifically performed only to determine value; except that the terms include a valuation completed by an appraiser employee of a county assessor as defined in section 39-1-102 (2).
(b) The terms do not include an analysis, valuation, opinion, conclusion,
notation, or compilation of data by an officer, director, regularly salaried employee, or agent of a financial institution or its affiliate, made for internal use only by the financial institution or affiliate, concerning an interest in real estate that is owned or held as collateral by the financial institution or affiliate and that is not represented or deemed to be an appraisal except to the financial institution, the agencies regulating the financial institution, and any secondary markets that purchase real estate secured loans. An appraisal prepared by an officer, director, regularly salaried employee, or agent of a financial institution who is not licensed or certified under this part 6 must contain a written notice that the preparer is not licensed or certified as an appraiser under this part 6.
(c) Appraisal, appraisal report, or real estate appraisal does not include
a federally authorized waiver valuation, as defined in 49 CFR 24.2 (a)(33), as amended.
(2) (a) Appraisal management company or AMC means, in connection
with valuing properties collateralizing mortgage loans or mortgages incorporated into a securitization, any external third party authorized either by a creditor in a consumer credit transaction secured by a consumer's principal dwelling that oversees an appraiser panel or by an underwriter of, or other principal in, the secondary mortgage markets that oversees an appraiser panel to:
(I) Recruit, select, and retain appraisers;
(II) Contract with licensed and certified appraisers to perform appraisal
assignments;
(III) Manage the process of having an appraisal performed, including
providing administrative duties such as receiving appraisal orders and appraisal reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed; or
(IV) Review and verify the work of appraisers.
(b) Appraisal management company or AMC does not include:
(I) A corporation, limited liability company, sole proprietorship, or other
entity that directly performs appraisal services;
(II) A corporation, limited liability company, sole proprietorship, or other
entity that does not contract with appraisers for appraisal services, but that solely distributes orders to a client-selected panel of appraisers; and
(III) A mortgage company, or its subsidiary, that manages a panel of
appraisers who are engaged to provide appraisal services on mortgage loans either originated by the mortgage company or funded by the mortgage company with its own funds.
(3) Board means the board of real estate appraisers created in section 12-10-603.
(4) Client means the party or parties who engage an appraiser or an
appraisal management company for a specific assignment.
(5) Consulting services means services performed by an appraiser that do
not fall within the definition of an independent appraisal in subsection (7) of this section. Consulting services includes marketing, financing and feasibility studies, valuations, analyses, and opinions and conclusions given in connection with real estate brokerage, mortgage banking, and counseling and advocacy in regard to property tax assessments and appeals thereof; except that, if in rendering the services the appraiser acts as a disinterested third party, the work is deemed an independent appraisal and not a consulting service. Nothing in this subsection (5) precludes a person from acting as an expert witness in valuation appeals.
(5.5) Evaluation means an opinion about the market value of real estate
that is:
(a) Made in accordance with the 2010 Interagency Appraisal and Evaluation
Guidelines developed by the following federal agencies that regulate financial institutions:
(I) The federal reserve board;
(II) The office of the comptroller of the currency;
(III) The federal deposit insurance corporation;
(IV) The office of thrift supervision; and
(V) The national credit union administration; and
(b) Provided to a financial institution for use in a real-estate-related
transaction for which an appraisal is not required by the federal agencies listed in subsection (5.5)(a) of this section.
(6) Financial institution means any bank or savings association, as
those terms are defined in 12 U.S.C. sec. 1813, any state bank incorporated under title 11, any state or federally chartered credit union, or any company that has direct or indirect control over any of those entities.
(7) Independent appraisal means an engagement for which an appraiser is
employed or retained to act as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the nature, quality, value, or utility of specified interests in or aspects of identified real estate.
(8) (a) Panel or appraiser panel means a network, list, or roster of
licensed or certified appraisers approved by an AMC to perform appraisals as independent contractors for the AMC.
(b) Appraisers on an AMC's appraiser panel include both:
(I) Appraisers accepted by the AMC for consideration for future appraisal
assignments in covered transactions or for secondary mortgage market participants in connection with covered transactions; and
(II) Appraisers engaged by the AMC to perform one or more appraisals in
covered transactions or for secondary mortgage market participants in connection with covered transactions.
(c) An appraiser is an independent contractor for purposes of this subsection
(8) if the appraiser is treated as an independent contractor by the AMC for purposes of federal income taxation.
(9) (a) Real estate appraiser or appraiser means a person who provides an
estimate of the nature, quality, value, or utility of an interest in, or aspect of, identified real estate and includes one who estimates value and who possesses the necessary qualifications, ability, and experience to execute or direct the appraisal of real property.
(b) Real estate appraiser or appraiser does not include:
(I) A person who conducts appraisals strictly of personal property;
(II) A person licensed as a broker pursuant to part 2 of this article 10 who
provides an opinion of value that is not represented as an appraisal and is not used for purposes of obtaining financing;
(III) A person licensed as a certified public accountant pursuant to article 100
of this title 12, and otherwise regulated, as long as the person does not represent his or her opinions of value for real estate as an appraisal;
(IV) A corporation, acting through its officers or regularly salaried
employees, when conducting a valuation of real estate property rights owned, to be purchased, or sold by the corporation;
(V) A person who conducts appraisals strictly of water rights or of mineral
rights;
(VI) A right-of-way acquisition agent, an appraiser who is licensed and
certified pursuant to this part 6, or any other individual who has sufficient understanding of the local real estate market to be qualified to make a waiver valuation when the agent, appraiser, or other qualified individual is employed by or contracts with a public entity and provides an opinion of value that is not represented as an appraisal and when, for any purpose, the property or portion of property being valued is valued at not more than the specified amount permitted by federal law and 49 CFR 24.102 (c)(2), as amended;
(VII) An officer, director, regularly salaried employee, or agent of a financial
institution or its affiliate who makes, for internal use only by the financial institution or affiliate, an analysis, evaluation, opinion, conclusion, notation, or compilation of data with respect to an appraisal so long as the person does not make a written adjustment of the appraisal's conclusion as to the value of the subject real property;
(VIII) An officer, director, regularly salaried employee, or agent of a financial
institution or its affiliate who makes an internal analysis, valuation, opinion, conclusion, notation, or compilation of data concerning an interest in real estate that is owned or held as collateral by the financial institution or its affiliate; or
(IX) A person who represents property owners as an advocate in tax or
valuation protests and appeals pursuant to title 39.
(10) Uniform standards of professional appraisal practice means the
standards for the appraisal profession in the United States, as adopted by congress in 1989 through the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Pub.L. 101-73, as amended, and that the Appraisal Foundation periodically updates.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
663, � 1, effective October 1; (2)(a)(I) amended, (SB 19-046), ch. 50, p. 164, � 3, effective October 1. L. 2020: (1)(b), (9)(b)(VII), and (9)(b)(VIII) amended, (SB 20-047), ch. 17, p. 71, � 1, effective September 14. L. 2022: (5.5) and (10) added, (HB 22-1261), ch. 315, p. 2248, � 3, effective August 10. L. 2025: (9)(b)(VI) amended, (HB 25-1292), ch. 175, p. 734, � 3, effective August 6.
Editor's note: (1) This section is similar to former � 12-61-702 as it existed
prior to 2019; except that � 12-61-702 (7) and (8) were relocated to � 12-10-101 (1) and (2), respectively.
(2) Before its relocation in 2019, this section was amended in SB 19-046.
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 March 25, 2019, to October 1, 2019, see SB 19-046, chapter 50, Session Laws of Colorado 2019.
Cross references: For the legislative declaration in SB 19-046, see section 1
of chapter 50, Session Laws of Colorado 2019. For the legislative declaration in HB 25-1292, see section 1 of chapter 175, Session Laws of Colorado 2025.
C.R.S. § 12-10-603
12-10-603. Board of real estate appraisers - creation - compensation - immunity - legislative declaration - subject to review - repeal of part. (1) (a) There is hereby created in the division of real estate a board of real estate appraisers consisting of seven members appointed by the governor with the consent of the senate. Of the members, three shall be licensed or certified appraisers, one of whom shall have expertise in eminent domain matters; one shall be a county assessor in office; one shall be an officer or employee of a commercial bank experienced in real estate lending; one shall be an officer or employee of an appraisal management company; and one shall be a member of the public at large not engaged in any of the businesses represented by the other members of the board.
(b) Members of the board shall hold office for terms of three years. In the
event of a vacancy by death, resignation, removal, or otherwise, the governor shall appoint a member to fill the unexpired term. The governor has the authority to remove any member for misconduct, neglect of duty, or incompetence.
(2) (a) 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 division of real estate.
(b) The general assembly finds, determines, and declares that the
organization of the board under the division as a type 1 entity will provide the autonomy necessary to avoid potential conflicts of interest between the responsibility of the board in the regulation of real estate appraisers and the responsibility of the division in the regulation of real estate brokers and salespersons. The general assembly further finds, determines, and declares that the placement of the board as a type 1 entity under the division is consistent with the organizational structure of state government.
(3) Each member of the board shall receive the same compensation and
reimbursement of expenses as is provided for members of boards and commissions in the division of professions and occupations pursuant to section 12-20-103 (6). Payment for all per diem compensation and expenses shall be made out of annual appropriations from the division of real estate cash fund provided for in section 12-10-605.
(4) Members of the board, consultants, and expert witnesses are immune
from liability in any civil action based upon any disciplinary proceedings or other official acts they performed in good faith pursuant to this part 6.
(5) A majority of the board constitutes a quorum for the transaction of all
business, and actions of the board require a vote of a majority of the members present in favor of the action taken.
(6) This part 6 is repealed, effective September 1, 2031. Before the repeal,
this part 6 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.
666, � 1, effective October 1. L. 2022: (2)(a) amended, (SB 22-162), ch. 469, p. 3392, � 111, effective August 10; (6) amended, (HB 22-1261), ch. 315, p. 2247, � 2, effective August 10. L. 2023: (2)(b) amended, (HB 23-1301), ch. 303, p. 1817, � 10, effective August 7.
Editor's note: This section is similar to former � 12-61-703 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. § 12-10-604
12-10-604. Powers and duties of the board - rules. (1) In addition to all other powers and duties imposed upon it by law, the board has the following powers and duties:
(a) (I) To promulgate and amend, as necessary, rules pursuant to article 4 of
title 24 for the implementation and administration of this part 6 and as required to comply with the federal Real Estate Appraisal Reform Amendments, Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended, 12 U.S.C. secs. 3331 to 3351, and with any requirements imposed by amendments to that federal law.
(II) The board shall not establish any requirements that are more stringent
than the requirements of any applicable federal law.
(III) Licensed ad valorem appraisers are not regulated by the federal Real
Estate Appraisal Reform Amendments, Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended, 12 U.S.C. secs. 3331 to 3351, but the board shall adopt rules regarding minimum qualifications and standards of practice for licensed ad valorem appraisers.
(IV) In any list or registry it maintains, the board shall identify or separately
account for any appraisal management company that oversees a panel of more than fifteen certified or licensed appraisers in Colorado, or twenty-five or more certified or licensed appraisers in all states in which it does business, within a given year.
(b) To charge application, examination, and license and certificate renewal
fees established pursuant to section 12-10-215 from all applicants for licensure, certification, examination, and renewal under this part 6. The board shall not refund any fees received from applicants seeking licensure, certification, examination, or renewal.
(c) Through the department and subject to appropriations made to the
department, to employ administrative law judges, appointed pursuant to part 10 of article 30 of title 24, on a full-time or part-time basis to conduct any hearings required by this part 6;
(d) To issue, deny, or refuse to renew a license or certificate pursuant to this
part 6;
(e) To take disciplinary actions in conformity with this part 6;
(f) To delegate to the director the administration and enforcement of this
part 6 and the authority to act on behalf of the board on occasions and in circumstances that the board directs;
(g) (I) To develop, purchase, or contract for any examination required for the
administration of this part 6, to offer each examination at least twice a year or, if demand warrants, at more frequent intervals, and to establish a passing score for each examination that reflects a minimum level of competency.
(II) If study materials are developed by a testing company or other entity, the
board shall make the materials available to persons desiring to take examinations pursuant to this part 6. The board may charge fees for the materials to defray any costs associated with making the materials available.
(h) In compliance with article 4 of title 24, to make investigations; subpoena
persons and documents, which subpoenas may be enforced by a court of competent jurisdiction if not obeyed; hold hearings; and take evidence in all matters relating to the exercise of the board's power under this part 6;
(i) Pursuant to section 1119 (b) of Title XI of the federal Financial Institutions
Reform, Recovery, and Enforcement Act of 1989, Pub.L. 101-73, as amended, to apply, if necessary, for a federal waiver of the requirement relating to certification or licensing of a person to perform appraisals and to make the necessary written determinations specified in that section for purposes of making the application; and
(j) If the board has reasonable cause to believe that a person, partnership,
limited liability company, or corporation is violating this part 6, to enter an order requiring the individual or appraisal management company to cease and desist the violation.
(k) Repealed.
(2) The board shall maintain or preserve, for seven years, licensing history
records of a person licensed or certified under this part 6. Complaints of record in the office of the board and board investigations, including board investigative files, are closed to public inspection. Stipulations and final agency orders are public record and are subject to sections 24-72-203 and 24-72-204.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
667, � 1, effective October 1; (1)(k) repealed, (HB 19-1264), ch. 420, p. 3681, � 11, effective October 1. L. 2022: (1)(a)(IV) amended, (HB 22-1261), ch. 315, p. 2248, � 4, effective August 10.
Editor's note: (1) This section is similar to former � 12-61-704 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1264.
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 June 30, 2019, to October 1, 2019, see HB 19-1264, chapter 420, Session Laws of Colorado 2019.
C.R.S. § 12-10-605
12-10-605. Fees, penalties, and fines collected under part 6. All fees, penalties, and fines collected pursuant to this part 6, not including fees retained by contractors pursuant to contracts entered into in accordance with section 12-10-203, 12-10-606, or 24-34-101, shall be transmitted to the state treasurer, who shall credit the same to the division of real estate cash fund, created in section 12-10-215.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
669, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-705 as it existed prior
to 2019.
C.R.S. § 12-10-606
12-10-606. Qualifications for licensing and certification of appraisers - continuing education - rules - evaluations - definitions. (1) (a) The board shall, by rule, prescribe requirements for the initial licensing or certification of persons under this part 6 to meet the requirements of the Real Estate Appraisal Reform Amendments, Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended, 12 U.S.C. secs. 3331 to 3351, and shall develop, purchase, or contract for examinations to be passed by applicants. The board shall not establish any requirements for initial licensing or certification that are more stringent than the requirements of any applicable federal law; except that all applicants shall pass an examination offered by the board. If there is no applicable federal law, the board shall consider and may use as guidelines the most recent available criteria published by the Appraiser Qualifications Board of the Appraisal Foundation or its successor organization.
(b) The four levels of appraiser licensure and certification, pursuant to
subsection (1)(a) of this section, are defined as follows:
(I) Certified general appraiser means an appraiser meeting the
requirements set by the board for general certification.
(II) Certified residential appraiser means an appraiser meeting the
requirements set by the board for residential certification.
(III) Licensed ad valorem appraiser means an appraiser meeting the
requirements set by the board for ad valorem appraiser certification. Only a county assessor, employee of a county assessor's office, or employee of the division of property taxation in the department of local affairs may obtain or possess an ad valorem appraiser certification.
(IV) Licensed appraiser means an appraiser meeting the requirements set
by the board for a license.
(c) A county assessor or employee of a county assessor's office who is a
licensed ad valorem appraiser may not perform real estate appraisals outside of his or her official duties.
(d) The board shall transfer persons employed in a county assessor's office
or in the division of property taxation in the department of local affairs who are registered appraisers as of July 1, 2013, to the category of licensed ad valorem appraiser. The board shall allow these persons, until December 31, 2015, to meet any additional requirements imposed by the board pursuant to section 12-10-604 (1)(a).
(2) (a) The board shall, by rule, prescribe continuing education requirements
for persons licensed or certified as certified general appraisers, certified residential appraisers, or licensed appraisers as needed to meet the requirements of the Real Estate Appraisal Reform Amendments, Title XI of the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended, 12 U.S.C. secs. 3331 to 3351. The board shall not establish any continuing education requirements that are more stringent than the requirements of any applicable federal law; except that all persons licensed or certified under this part 6 are subject to continuing education requirements. If there is no applicable federal law, the board shall consider and may use as guidelines the most recent available criteria published by the Appraiser Qualifications Board of the Appraisal Foundation or its successor organization.
(b) The board shall, by rule, prescribe continuing education requirements for
licensed ad valorem appraisers.
(3) Notwithstanding any provision of this section to the contrary, the criteria
established by the board for the licensing or certification of appraisers pursuant to this part 6 shall not include membership or lack of membership in any appraisal organization.
(4) (a) Subject to section 12-10-619 (2), all appraiser employees of county
assessors shall be licensed or certified as provided in subsections (1) and (2) of this section. Obtaining and maintaining a license or certificate under either subsection (1) or (2) of this section entitles an appraiser employee of a county assessor to perform all real estate appraisals required to fulfill the person's official duties.
(b) Appraiser employees of county assessors who are employed to appraise
real property are subject to this part 6; except that appraiser employees of county assessors who are employed to appraise real property are not subject to disciplinary actions by the board on the ground that they have performed appraisals beyond their level of competency when appraising real estate in fulfillment of their official duties. County assessors, if licensed or certified as provided in subsections (1) and (2) of this section, are not subject to disciplinary actions by the board on the ground that they have performed appraisals beyond their level of competency when appraising real estate in fulfillment of their official duties.
(c) The county in which an appraiser employee of a county assessor is
employed shall pay all reasonable costs incurred by the appraiser employee of the county assessor to obtain and maintain a license or certificate pursuant to this section.
(5) The board shall not issue an appraiser's license as referenced in
subsection (1)(b)(IV) of this section unless the applicant has met the minimum appraisal experience requirement established by the Appraiser Qualifications Board of the Appraisal Foundation or its successor organization.
(6) (a) The board shall not issue a license or certification until the applicant
demonstrates that the applicant meets the fitness standards established by board rule and submits a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation. Each person submitting a set of fingerprints shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. Upon completion of the fingerprint-based criminal history record check, the bureau shall forward the results to the board. The board shall require a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check. The board may deny an application for licensure or certification based on the outcome of the record check and may establish criminal history requirements more stringent than those established by any applicable federal law. At a minimum, the board shall adopt the criminal history requirements established by any applicable federal law.
(b) An applicant for certification as a licensed ad valorem appraiser is not
subject to the fingerprinting and background check requirements of subsection (6)(a) of this section.
(7) (a) The board shall, by rule, authorize an exemption from compliance with
the uniform standards of professional appraisal practice for a licensed appraiser performing an evaluation; except that the board's rules must not exempt a licensed appraiser performing an evaluation from complying with the ethics, record-keeping, competency, and scope-of-work standards of the uniform standards of professional appraisal practice.
(b) A licensed appraiser may perform an evaluation if conducted in
accordance with board rules promulgated under subsection (7)(a) of this section.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
669, � 1, effective October 1; (6)(a) amended, (HB 19-1166), ch. 125, p. 565, � 69, effective October 1. L. 2022: (6) amended, (HB 22-1270), ch. 114, p. 515, � 10, effective April 21; (5) amended and (7) added, (HB 22-1261), ch. 315, p. 2248, � 5, effective August 10.
Editor's note: (1) This section is similar to former � 12-61-706 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1166.
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 April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019.
C.R.S. § 12-10-610
12-10-610. Expiration of licenses - renewal - penalties - fees - rules. (1) (a) All licenses or certificates expire pursuant to a schedule established by the director and may be renewed or reinstated pursuant to this section. Upon compliance with this section and any applicable rules of the board regarding renewal, including the payment of a renewal fee plus a reinstatement fee established pursuant to subsection (1)(b) of this section, the expired license or certificate shall be reinstated. A real estate appraiser's license or certificate that has not been renewed for a period greater than two years shall not be reinstated, and the person must submit a new application for licensure or certification.
(b) A person who fails to renew his or her license or certificate before the
applicable renewal date may have it reinstated if the person submits an application as prescribed by the board:
(I) Within thirty-one days after the date of expiration, by payment of the
regular renewal fee;
(II) More than thirty-one days, but within one year, after the date of
expiration, by payment of the regular renewal fee and payment of a reinstatement fee equal to one-third of the regular renewal fee; or
(III) More than one year, but within two years, after the date of expiration, by
payment of the regular renewal fee and payment of a reinstatement fee equal to two-thirds of the regular renewal fee.
(2) If the federal registry fee collected by the board and transmitted to the
federal financial institutions examination council is increased prior to expiration of a license or certificate, the board shall collect the amount of the increase in the fee from the holder of the license or certificate and forward the amount to the council annually. The federal registry fee does not apply to licensed ad valorem appraisers licensed under this article 10.
(3) (a) If the applicant has complied with this section and any applicable
rules of the board regarding renewal, except for the continuing education requirements pursuant to section 12-10-606, the licensee may renew the license on inactive status. An inactive license may be activated if the licensee submits written certification of compliance with the required number of continuing education hours as determined by the Appraiser Qualifications Board of the Appraisal Foundation or its successor organization. The board may adopt rules establishing procedures to facilitate reactivation of licenses.
(b) The holder of an inactive license shall not perform a real estate appraisal
or appraisal management duties.
(c) The holder of an inactive license shall not hold himself or herself out as
having an active license pursuant to this part 6.
(4) At the time of renewal or reinstatement, every licensee, certificate
holder, and person or individual who owns more than ten percent of an appraisal management company shall submit a set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation, if the person has not previously done so for issuance of a license or certification by the board. Each person submitting a set of fingerprints shall pay the fee established by the Colorado bureau of investigation for conducting the fingerprint-based criminal history record check to the bureau. The bureau shall forward the results to the board. The board shall require a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant who has a record of arrest without a disposition. The applicant shall pay the costs associated with a name-based judicial record check. The board may refuse to renew or reinstate a license or certification based on the outcome of the record check.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
674, � 1, effective October 1; (4) amended, (HB 19-1166), ch. 125, p. 566, � 71, effective October 1. L. 2022: (4) amended, (HB 22-1270), ch. 114, p. 516, � 12, effective April 21; (3)(a) amended, (HB 22-1261), ch. 315, p. 2249, � 7, effective August 10.
Editor's note: (1) This section is similar to former � 12-61-710 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1166.
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 April 18, 2019, to October 1, 2019, see HB 19-1166, chapter 125, Session Laws of Colorado 2019.
C.R.S. § 12-10-611
12-10-611. Licensure or certification by endorsement - temporary practice. (1) The board may issue a license or certification to an appraiser by endorsement to engage in the occupation of real estate appraisal to any applicant who has a license or certification in good standing as a real estate appraiser under the laws of another jurisdiction if:
(a) The applicant presents proof satisfactory to the board that, at the time of
application for a Colorado license or certificate by endorsement, the applicant possesses credentials and qualifications that are substantially equivalent to the requirements of this part 6; or
(b) The jurisdiction that issued the applicant a license or certificate to
engage in the occupation of real estate appraisal has a law similar to this subsection (1) pursuant to which it licenses or certifies persons who are licensed real estate appraisers in this state.
(2) The board may specify, by rule, what constitutes substantially equivalent
credentials and qualifications and the manner in which the board will review credentials and qualifications of an applicant.
(3) Pursuant to section 1122 (a) of Title XI of the federal Financial
Institutions Reform, Recovery, and Enforcement Act of 1989, Pub.L. 101-73, as amended, the board shall recognize, on a temporary basis, the license or certification of an appraiser issued by another state if:
(a) The appraiser's business is of a temporary nature; and
(b) The appraiser applies for and is granted a temporary practice permit by
the board.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
675, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-711 as it existed prior to
2019.
C.R.S. § 12-10-613
12-10-613. Prohibited activities - grounds for disciplinary actions - procedures. (1) A real estate appraiser is in violation of this part 6 if the appraiser:
(a) Has been convicted of a felony or has had accepted by a court a plea of
guilty or nolo contendere to a felony if the felony is related to the ability to act as a real property appraiser. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the board shall be governed by the provisions of section 24-5-101.
(b) Has violated, or attempted to violate, directly or indirectly, or assisted in
or abetted the violation of, or conspired to violate this part 6, a rule promulgated pursuant to this part 6, or an order of the board issued pursuant to this part 6;
(c) Has accepted any fees, compensation, or other valuable consideration to
influence the outcome of an appraisal;
(d) Has used advertising that is misleading, deceptive, or false;
(e) Has used fraud or misrepresentation in obtaining a license or certificate
under this part 6;
(f) Has conducted an appraisal in a fraudulent manner or used
misrepresentation in any such activity;
(g) Has acted or failed to act in a manner that does not meet the generally
accepted standards of professional appraisal practice as adopted by the board by rule. A certified copy of a malpractice judgment of a court of competent jurisdiction is conclusive evidence of the act or omission, but evidence of the act or omission is not limited to a malpractice judgment.
(h) Has performed appraisal services beyond his or her level of competency;
(i) Has been subject to an adverse or disciplinary action in another state,
territory, or country relating to a license, certificate, or other authorization to practice as an appraiser. A disciplinary action relating to a license or certificate as an appraiser licensed or certified under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for disciplinary action or denial of licensure or certification by the board. This subsection (1)(i) applies only to violations based upon acts or omissions in the other state, territory, or country that are also violations of this part 6.
(j) Has failed to disclose in the appraisal report the fee paid to the appraiser
for a residential real property appraisal if the appraiser was engaged by an appraisal management company to complete the assignment; or
(k) Has engaged in conduct that would be grounds for the denial of a license
or certification under section 12-10-612.
(2) If an applicant, a licensee, or a certified person has violated any provision
of this section, the board may deny or refuse to renew the license or certificate, or, as specified in subsections (3) and (6) of this section, revoke or suspend the license or certificate, issue a letter of admonition to a licensee or certified person, place a licensee or certified person on probation, or impose public censure.
(3) When a complaint or an investigation discloses an instance of misconduct
by a licensed or certified appraiser that, in the opinion of the board, does not warrant formal action by the board but should not be dismissed as being without merit, the board may send a letter of admonition to the appraiser against whom a complaint was made. The letter must advise the appraiser of the right to make a written request, within twenty days after receipt of the letter of admonition, to the board to begin formal disciplinary proceedings as provided in this section to adjudicate the conduct or acts on which the letter was based.
(4) The board may start a proceeding for discipline of a licensee or certified
person when the board has reasonable grounds to believe that a licensee or certified person has committed any act or failed to act pursuant to the grounds established in subsection (1) of this section or when a request for a hearing is timely made under subsection (3) of this section.
(5) Disciplinary proceedings shall be conducted in the manner prescribed by
the State Administrative Procedure Act, article 4 of title 24.
(6) As authorized in subsection (2) of this section, disciplinary actions by the
board may consist of the following:
(a) Revocation of a license or certificate. (I) Revocation of a license or
certificate by the board means that the licensed or certified person shall surrender his or her license or certificate immediately to the board.
(II) Any person whose license or certificate to practice is revoked is ineligible
to apply for a license or certificate issued under this part 6 until more than two years have elapsed from the date of surrender of the license or certificate. A reapplication after the two-year period is treated as a new application.
(b) Suspension of a license or certificate. Suspension of a license or
certificate by the board is for a period to be determined by the board.
(c) Probationary status. The board may impose probationary status on a
licensee or certified person. If the board places a licensee or certified person on probation, the board may include conditions for continued practice that the board deems appropriate to assure that the licensee or certified person is otherwise qualified to practice in accordance with generally accepted professional standards of professional appraisal practice, as specified in board rules, including any or all of the following:
(I) A requirement that the licensee or certified person take courses of
training or education as needed to correct deficiencies found in the hearing;
(II) A review or supervision of his or her practice as may be necessary to
determine the quality of the practice and to correct deficiencies in the practice; and
(III) The imposition of restrictions upon the nature of his or her appraisal
practice to assure that he or she does not practice beyond the limits of his or her capabilities.
(d) Public censure. If, after notice and hearing, the director or the director's
designee determines that the licensee or certified person has committed any of the acts specified in this section, the board may impose public censure.
(7) In addition to any other discipline imposed pursuant to this section, a
person who violates this part 6 or the rules promulgated pursuant to this article 10 may be penalized by the board, upon a finding of a violation made pursuant to article 4 of title 24, by imposition of a fine of not more than one thousand dollars per violation.
(8) A person participating in good faith in making a complaint or report or
participating in an investigative or administrative proceeding before the board pursuant to this article 10 is immune from any liability, civil or criminal, that otherwise might result by reason of the action.
(9) A licensee or certified person who has direct knowledge that a person
has violated this part 6 shall report his or her knowledge to the board.
(10) The board, on its own motion or upon application at any time after the
imposition of discipline as provided in this section, may reconsider its prior action and reinstate or restore a license or certificate, terminate probation, or reduce the severity of its prior disciplinary action. The decision of whether to take any further action or hold a hearing with respect to a prior disciplinary action rests in the sole discretion of the board.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
676, � 1, effective October 1. L. 2022: (3) and (7) amended, (HB 22-1261), ch. 315, p. 2249, � 8, effective August 10.
Editor's note: This section is similar to former � 12-61-713 as it existed prior
to 2019.
C.R.S. § 12-10-614
12-10-614. Appraisal management companies - prohibited activities - grounds for disciplinary actions - procedures - rules. (1) The board, upon its own motion, may, and upon a complaint submitted to the board in writing by any person, shall, investigate the activities of a licensed appraisal management company; an appraiser designated as a controlling appraiser by a partnership, limited liability company, or corporation acting as an appraisal management company; or a person or an entity that assumes to act in that capacity within the state. The board, upon finding a violation, may impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense; censure a licensee; place the licensee on probation and set the terms of probation; or temporarily suspend or permanently revoke a license, when the licensee has performed, is performing, or is attempting to perform any of the following acts:
(a) Failing to:
(I) Exercise due diligence when hiring or engaging a real estate appraiser to
ensure that the real estate appraiser is appropriately credentialed by the board and competent to perform the assignment; and
(II) In the case of an AMC, establish and comply with processes and controls
reasonably designed to ensure that the AMC conducts its appraisal management services in accordance with the requirements of the federal Truth in Lending Act, 15 U.S.C. sec. 1639e (a) to (i), and regulations adopted pursuant to that act;
(b) Requiring an appraiser to indemnify the appraisal management company
against liability, damages, losses, or claims other than those arising out of the services performed by the appraiser, including performance or nonperformance of the appraiser's duties and obligations, whether as a result of negligence or willful misconduct;
(c) Influencing or attempting to influence the development, reporting, result,
or review of a real estate appraisal or the engagement of an appraiser through coercion, extortion, collusion, compensation, inducement, intimidation, bribery, or in any other manner. This prohibition does not prohibit an appraisal management company from requesting an appraiser to:
(I) Consider additional, appropriate property information;
(II) Provide further detail, substantiation, or explanation for the appraiser's
value conclusion; or
(III) Correct errors in the appraisal report.
(d) Prohibiting an appraiser, in the completion of an appraisal service, from
communicating with the client, any intended users, real estate brokers, tenants, property owners, management companies, or any other entity that the appraiser reasonably believes has information pertinent to the completion of an appraisal assignment; except that this subsection (1)(d) does not apply to communications between an appraiser and an appraisal management company's client if the client has adopted an explicit policy prohibiting the communication. If the client has adopted an explicit policy prohibiting communication by the appraiser with the client, communication by an appraiser to the client must be made in writing and submitted to the appraisal management company.
(e) Altering or modifying a completed appraisal report without the authoring
appraiser's knowledge and written consent, and the consent of the intended user, except to modify the format of the report solely for transmission to the client and in a manner acceptable to the client;
(f) Requiring an appraiser to provide to the appraisal management company
access to the appraiser's electronic signature;
(g) Failing to validate or verify that the work completed by an appraiser who
is hired or engaged by the appraisal management company complies with state and federal regulations, including the uniform standards of professional appraisal practice, by conducting an annual audit of a random sample of the appraisals received within the previous year by the appraisal management company. The board shall establish annual appraisal review requirements by rule and shall solicit and consider information and comments from interested persons.
(h) Failing to make payment to an appraiser within sixty days after
completion of the appraisal, unless otherwise agreed or unless the appraiser has been notified in writing that a bona fide dispute exists regarding the performance or quality of the appraisal;
(i) Failing to perform the terms of a written agreement with an appraiser
hired or engaged to complete an appraisal assignment;
(j) Failing to disclose to an appraiser, at the time of engagement, the identity
of the client;
(k) Using an appraisal report for a client other than the one originally
contracted with, without the original client's written consent;
(l) Failing to maintain possession of, for future use or inspection by the
board, for a period of at least five years or at least two years after final disposition of any judicial proceeding in which a representative of the appraisal management company provided testimony related to the assignment, whichever period expires last, the documents or records prescribed by the rules of the board or to produce the documents or records upon reasonable request by the board;
(m) Having been convicted of, or entering a plea of guilty, an Alford plea, or a
plea of nolo contendere to, any misdemeanor or felony relating to the conduct of an appraisal, theft, embezzlement, bribery, fraud, misrepresentation, or deceit, or any other like crime under Colorado law, federal law, or the laws of other states. A certified copy of the judgment of a court of competent jurisdiction of the conviction or other official record indicating that a plea was entered is conclusive evidence of the conviction or plea in any hearing under this part 6.
(n) Having been the subject of an adverse or disciplinary action in another
state, territory, or country relating to a license, registration, certification, or other authorization to practice as an appraisal management company. A disciplinary action relating to a registration, license, or certificate as an appraisal management company under this part 6 or any related occupation in any other state, territory, or country for disciplinary reasons is prima facie evidence of grounds for disciplinary action or denial of a license by the board. This subsection (1)(n) applies only to violations based upon acts or omissions in the other state, territory, or country that would violate this part 6 if committed in Colorado.
(o) Violating the Colorado Consumer Protection Act, article 1 of title 6;
(p) Procuring, or attempting to procure, an appraisal management company
license or renewing, reinstating, or reactivating, or attempting to renew, reinstate, or reactivate, an appraisal management company license by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application for a license;
(q) Knowingly misrepresenting or making false promises through agents,
advertising, or otherwise;
(r) Failing to disclose to a client the fee amount paid to the appraiser hired or
engaged to complete the appraisal upon completion of the assignment; or
(s) Disregarding, violating, or abetting, directly or indirectly, a violation of
this part 6, a rule promulgated by the board pursuant to this part 6, or an order of the board entered pursuant to this part 6.
(2) When a complaint or an investigation discloses an instance of misconduct
that, in the opinion of the board, does not warrant formal action by the board but should not be dismissed as being without merit, the board may send a letter of admonition to the licensee against whom the complaint was made. The letter must advise the licensee of the right to make a written request, within twenty days after receipt of the letter of admonition, to the board to begin formal disciplinary proceedings as provided in this section to adjudicate the conduct or acts on which the letter was based.
(3) Disciplinary proceedings must be conducted in the manner prescribed by
the State Administrative Procedure Act, article 4 of title 24.
(4) If a partnership, limited liability company, or corporation operating under
the license of an appraiser designated and licensed as a controlling appraiser by the partnership, limited liability company, or corporation is guilty of any act listed in subsection (1) of this section, the board may suspend or revoke the right of the partnership, limited liability company, or corporation to conduct its business under the license of the controlling appraiser, whether or not the controlling appraiser had personal knowledge of the violation and whether or not the board suspends or revokes the individual license of the controlling appraiser.
(5) This part 6 does not relieve any person from civil liability or criminal
prosecution under the laws of this state.
(6) A licensee or certified person having direct knowledge that a person or
licensed partnership, limited liability company, or corporation has violated this part 6 shall report his or her knowledge to the board.
(7) The board, on its own motion or upon application, at any time after the
imposition of discipline as provided in this section, may reconsider its prior action and reinstate or restore a license, terminate probation, or reduce the severity of its prior disciplinary action. The decision of whether to take any further action or hold a hearing with respect to the action rests in the sole discretion of the board.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
679, � 1, effective October 1. L. 2022: (2) amended, (HB 22-1261), ch. 315, p. 2250, � 9, effective August 10.
Editor's note: This section is similar to former � 12-61-714 as it existed prior
to 2019.
C.R.S. § 12-10-616
12-10-616. Unlawful acts - penalties. (1) It is unlawful for a person to:
(a) Violate section 12-10-613 (1)(c), (1)(e), or (1)(f) or perform a real estate
appraisal without first having obtained a license or certificate from the board pursuant to this part 6;
(b) Accept a fee for an independent appraisal assignment that is contingent
upon:
(I) Reporting a predetermined analysis, opinion, or conclusion; or
(II) The analysis, opinion, or conclusion reached; or
(III) The consequences resulting from the analysis, opinion, or conclusion;
(c) Misrepresent a consulting service as an independent appraisal; or
(d) Fail to disclose, in connection with a consulting service for which a
contingent fee is or will be paid, the fact that a contingent fee is or will be paid.
(2) Any person who violates any provision of subsection (1) of this section
commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. Any person who subsequently violates any provision of subsection (1) of this section within five years after the date of a conviction for a violation of subsection (1) of this section commits a class 5 felony and shall be punished as provided in section 18-1.3-401.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
682, � 1, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3153, � 136, effective March 1, 2022.
Editor's note: This section is similar to former � 12-61-716 as it existed prior
to 2019.
C.R.S. § 12-10-619
12-10-619. Special provision for appraiser employees of county assessors. (1) Except as provided in subsection (2) of this section, unless a federal waiver is applied for and granted pursuant to section 12-10-604 (1)(i), a person acting as a real estate appraiser in this state shall be licensed or certified as provided in this part 6. No person shall practice without a license or certificate or hold himself or herself out to the public as a licensed or certified real estate appraiser unless licensed or certified pursuant to this part 6.
(2) An appraiser employee of a county assessor who is employed to appraise
real property shall be licensed or certified as provided in this part 6 and shall have two years from the date of taking office or the beginning of employment to comply with this part 6.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
684, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-719 as it existed prior
to 2019.
C.R.S. § 12-10-623
12-10-623. Scope of article - regulated financial institutions - de minimis exemption. (1) (a) This article 10 does not apply to an appraisal relating to any real-estate-related transaction or loan made or to be made by a financial institution or its affiliate if the real-estate-related transaction or loan is excepted from appraisal regulations established by the primary federal regulator of the financial institution and the appraisal is performed by:
(I) An officer, director, regularly salaried employee, or agent of the financial
institution or its affiliate; or
(II) A real estate broker licensed under this article 10 with whom the
institution or affiliate has contracted for performance of the appraisal.
(b) The appraisal must not be represented or deemed to be an appraisal
except to the financial institution, the agencies regulating the financial institution, and any secondary markets that purchase real estate secured loans. The appraisal must contain a written notice that the preparer is not licensed or certified as an appraiser under this part 6. Nothing in this subsection (1) exempts a person licensed or certified as an appraiser under this part 6 from regulation as provided in this part 6.
(2) Nothing in this article 10 limits the ability of any federal or state regulator
of a financial institution to require the financial institution to obtain appraisals as specified by the regulator.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
685, � 1, effective October 1. L. 2020: (1)(a)(I) amended, (SB 20-047), ch. 17, p. 72, � 2, effective September 14.
Editor's note: This section is similar to former � 12-61-723 as it existed prior
to 2019.
PART 7
MORTGAGE LOAN ORIGINATORS
C.R.S. § 12-10-702
12-10-702. Definitions. As used in this part 7, unless the context otherwise requires:
(1) Affiliate means a person who, directly or indirectly, through
intermediaries, controls, is controlled by, or is under the common control of another person addressed by this part 7.
(2) Affordable housing dwelling unit means an affordable housing dwelling
unit as defined in section 29-26-102.
(3) Board means the board of mortgage loan originators created in section
12-10-703.
(4) Borrower means any person who consults with or retains a mortgage
loan originator in an effort to obtain or seek advice or information on obtaining or applying to obtain a residential mortgage loan for himself, herself, or persons including himself or herself, regardless of whether the person actually obtains such a loan.
(5) Community development organization means any community housing
development organization or community land trust as defined by the federal Cranston-Gonzalez National Affordable Housing Act of 1990 or a community-based development organization as defined by the federal Housing and Community Development Act of 1974, that is also either a private or public nonprofit organization that is exempt from taxation under section 501 (a) of the federal Internal Revenue Code of 1986 pursuant to section 501 (c) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and that receives funding from the United States department of housing and urban development, Colorado division of housing, Colorado housing and finance authority, or United States department of agriculture rural development, or through a grantee of the United States department of housing and urban development, purely for the purpose of community housing development activities.
(6) Depository institution has the same meaning as set forth in the Federal
Deposit Insurance Act, 12 U.S.C. sec. 1813 (c), and includes a credit union.
(7) Dwelling shall have the same meaning as set forth in the federal Truth
in Lending Act, 15 U.S.C. sec. 1602 (w).
(8) Federal banking agency means the board of governors of the federal
reserve system, the comptroller of the currency, the director of the office of thrift supervision, the national credit union administration, or the federal deposit insurance corporation.
(9) HUD-approved housing counseling agency means an agency that is
either a private or public nonprofit organization that is exempt from taxation under section 501 (a) of the federal Internal Revenue Code of 1986 pursuant to section 501 (c) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and approved by the United States department of housing and urban development, in accordance with the housing counseling program handbook section 7610.1 and 24 CFR 214.
(10) Individual means a natural person.
(11) (a) Loan processor or underwriter means an individual who performs
clerical or support duties at the direction of, and subject to supervision by, a state-licensed loan originator or a registered loan originator.
(b) As used in this subsection (11), clerical or support duties includes duties
performed after receipt of an application for a residential mortgage loan, including:
(I) The receipt, collection, distribution, and analysis of information commonly
used for the processing or underwriting of a residential mortgage loan; and
(II) Communicating with a borrower to obtain the information necessary to
process or underwrite a loan, to the extent that the communication does not include offering or negotiating loan rates or terms or counseling consumers about residential mortgage loan rates or terms.
(12) Mortgage company means a person other than an individual who,
through employees or other individuals, takes residential loan applications or offers or negotiates terms of a residential mortgage loan.
(13) Mortgage lender means a lender who is in the business of making
residential mortgage loans if:
(a) The lender is the payee on the promissory note evidencing the loan; and
(b) The loan proceeds are obtained by the lender from its own funds or from
a line of credit made available to the lender from a bank or other entity that regularly loans money to lenders for the purpose of funding mortgage loans.
(14) (a) Mortgage loan originator means an individual who:
(I) Takes a residential mortgage loan application; or
(II) Offers or negotiates terms of a residential mortgage loan.
(b) Mortgage loan originator does not include:
(I) An individual engaged solely as a loan processor or underwriter;
(II) A person that only performs real estate brokerage or sales activities and
is licensed or registered pursuant to part 2 of this article 10, unless the person is compensated by a mortgage lender or a mortgage loan originator;
(III) A person solely involved in extensions of credit relating to time share
plans, as defined in 11 U.S.C. sec. 101 (53D);
(IV) An individual who is servicing a mortgage loan; or
(V) A person that only performs the services and activities of a dealer, as
defined in section 24-32-3302.
(15) Nationwide mortgage licensing system and registry means a mortgage
licensing system developed pursuant to the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C. sec. 5101 et seq., as amended, to track the licensing and registration of mortgage loan originators and that is established and maintained by:
(a) The Conference of State Bank Supervisors and the American Association
of Residential Mortgage Regulators, or their successor entities; or
(b) The secretary of the United States department of housing and urban
development.
(16) Nontraditional mortgage product means a mortgage product other
than a thirty-year, fixed-rate mortgage.
(17) Originate a mortgage means to act, directly or indirectly, as a
mortgage loan originator.
(18) Person means a natural person, corporation, company, limited liability
company, partnership, firm, association, or other legal entity.
(19) Quasi-government agency means an agency that is either a private or
public nonprofit organization that is exempt from taxation under section 501 (a) of the federal Internal Revenue Code of 1986 pursuant to section 501 (c) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and was created to operate in accordance with article 4 of title 29 as a public housing authority.
(20) Real estate brokerage activity means an activity that involves offering
or providing real estate brokerage services to the public, including, without limitation:
(a) Acting as a real estate agent or real estate broker for a buyer, seller,
lessor, or lessee of real property;
(b) Bringing together parties interested in the sale, purchase, lease, rental, or
exchange of real property;
(c) Negotiating, on behalf of any party, any portion of a contract relating to
the sale, purchase, lease, rental, or exchange of real property, other than matters related to financing for the transaction;
(d) Engaging in an activity for which a person engaged in the activity is
required under applicable law to be registered or licensed as a real estate agent or real estate broker; or
(e) Offering to engage in any activity, or act in any capacity related to the
activity, described in this subsection (20).
(21) Residential mortgage loan means a loan that is primarily for personal,
family, or household use and that is secured by a mortgage, deed of trust, or other equivalent, consensual security interest on a dwelling or residential real estate upon which is constructed or intended to be constructed a single-family dwelling or multiple-family dwelling of four or fewer units.
(22) Residential real estate means any real property upon which a dwelling
is or will be constructed.
(23) Self-help housing organization means a private or public nonprofit
organization that is exempt from taxation under section 501 (a) of the federal Internal Revenue Code of 1986 pursuant to section 501 (c) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501 (a) and 501 (c), as amended, and that purely originates residential mortgage loans with interest rates no greater than zero percent for borrowers who have provided part of the labor to construct the dwelling securing the loan or that receives funding from the United States department of agriculture rural development section 502 mutual self-help housing program for borrowers that have provided part of the labor to construct the dwelling securing the loan.
(24) Servicing a mortgage loan means collecting, receiving, or obtaining
the right to collect or receive payments on behalf of a mortgage lender, including payments of principal, interest, escrow amounts, and other amounts due on obligations due and owing to the mortgage lender.
(25) State-licensed loan originator means an individual who is:
(a) A mortgage loan originator or engages in the activities of a mortgage
loan originator;
(b) Not an employee of a depository institution or a subsidiary that is:
(I) Owned and controlled by a depository institution; and
(II) Regulated by a federal banking agency;
(c) Licensed or required to be licensed pursuant to this part 7; and
(d) Registered as a state-licensed loan originator with, and maintains a
unique identifier through, the nationwide mortgage licensing system and registry.
(26) Unique identifier means a number or other identifier assigned to a
mortgage loan originator pursuant to protocols established by the nationwide mortgage licensing system and registry.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
686, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-902 as it existed prior
to 2019.
C.R.S. § 12-10-703
12-10-703. Board of mortgage loan originators - creation - compensation - enforcement of part after board creation - immunity. (1) (a) There is hereby created in the division of real estate a board of mortgage loan originators, consisting of five members appointed by the governor with the consent of the senate.
(b) Of the members of the board:
(I) Three must be licensed mortgage loan originators. The general assembly
encourages the governor to appoint to at least one of these three positions a licensed mortgage loan originator who is an employee or exclusive agent of, or works as an independent contractor for, a Colorado-based mortgage company.
(II) Two must be members of the public at large not engaged in mortgage
loan origination or mortgage lending.
(c) The term of office for a member is four years; except that the terms shall
be staggered so that no more than three members' terms expire in the same year.
(d) In the event of a vacancy by death, resignation, removal, or otherwise, the
governor shall appoint a member to fill the unexpired term. The governor has the authority to remove any member for misconduct, neglect of duty, or incompetence.
(2) (a) 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.
(b) Notwithstanding any other provision of this part 7, on and after the
creation of the board by this section, the board shall exercise all of the rule-making, enforcement, and administrative authority of the director set forth in this part 7. The board has the authority to delegate to the director any enforcement and administrative authority under this part 7 that the board deems necessary and appropriate. If the board delegates any enforcement or administrative authority under this part 7 to the director, the director shall only be entitled to exercise such authority as specifically delegated in writing to the director by the board.
(3) Each member of the board shall receive the same compensation and
reimbursement of expenses as those provided for members of boards and commissions in the division of professions and occupations pursuant to section 12-20-103 (6). Payment for all per diem compensation and expenses shall be made out of annual appropriations from the division of real estate cash fund created in section 12-10-215.
(4) Members of the board, consultants, and expert witnesses shall be
immune from suit in any civil action based upon any disciplinary proceedings or other official acts they performed in good faith pursuant to this part 7.
(5) A majority of the board shall constitute a quorum for the transaction of
all business, and actions of the board shall require a vote of a majority of the members present in favor of the action taken.
(6) (a) All rules promulgated by the director prior to August 11, 2010, shall
remain in full force and effect until repealed or modified by the board. The board shall have the authority to enforce any previously promulgated rules of the director under this part 7 and any rules promulgated by the board.
(b) Nothing in this section shall affect any action taken by the director prior
to August 11, 2010. No person who, on or before August 11, 2010, holds a license issued under this part 7 shall be required to secure an additional license under this part 7, but shall otherwise be subject to all the provisions of this part 7. A license previously issued shall, for all purposes, be considered a license issued by the board under this part 7.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
690, � 1, effective October 1. L. 2022: (1)(c) amended, (SB 22-013), ch. 2, p. 12, � 11, effective February 25; (2)(a) amended, (SB 22-162), ch. 469, p. 3392, � 112, effective August 10.
Editor's note: This section is similar to former � 12-61-902.5 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. § 12-10-710
12-10-710. Originator's relationship to borrower - rules. (1) A mortgage loan originator shall have a duty of good faith and fair dealing in all communications and transactions with a borrower. The duty includes, but is not limited to:
(a) The duty to not recommend or induce the borrower to enter into a
transaction that does not have a reasonable, tangible net benefit to the borrower, considering all of the circumstances, including the terms of a loan, the cost of a loan, and the borrower's circumstances;
(b) The duty to make a reasonable inquiry concerning the borrower's current
and prospective income, existing debts and other obligations, and any other relevant information and, after making the inquiry, to make his or her best efforts to recommend, broker, or originate a residential mortgage loan that takes into consideration the information submitted by the borrower, but the mortgage loan originator shall not be deemed to violate this section if the borrower conceals or misrepresents relevant information; and
(c) The duty not to commit any acts, practices, or omissions in violation of
section 38-40-105.
(2) For purposes of implementing subsection (1) of this section, the board
may adopt rules defining what constitutes a reasonable, tangible net benefit to the borrower.
(3) A violation of this section constitutes a deceptive trade practice under
the Colorado Consumer Protection Act, article 1 of title 6.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
698, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-904.5 as it existed prior
to 2019.
C.R.S. § 12-10-711
12-10-711. Powers and duties of the board - rules. (1) The board may deny an application for a license, refuse to renew, or revoke the license of an applicant or licensee who has:
(a) Filed an application with the board containing material misstatements of
fact or omitted any disclosure required by this part 7;
(b) Within the last five years, been convicted of or pled guilty or nolo
contendere to a crime involving fraud, deceit, material misrepresentation, theft, or the breach of a fiduciary duty, except as otherwise set forth in this part 7;
(c) Except as otherwise set forth in this part 7, within the last five years, had
a license, registration, or certification issued by Colorado or another state revoked or suspended for fraud, deceit, material misrepresentation, theft, or the breach of a fiduciary duty, and the discipline denied the person authorization to practice as:
(I) A mortgage broker or a mortgage loan originator;
(II) A real estate broker, as defined by section 12-10-201 (6);
(III) A real estate salesperson;
(IV) A real estate appraiser, as defined by section 12-10-602 (9);
(V) An insurance producer, as defined by section 10-2-103 (6);
(VI) An attorney;
(VII) A securities broker-dealer, as defined by section 11-51-201 (2);
(VIII) A securities sales representative, as defined by section 11-51-201 (14);
(IX) An investment advisor, as defined by section 11-51-201 (9.5); or
(X) An investment advisor representative, as defined by section 11-51-201
(9.6);
(d) Been enjoined within the immediately preceding five years under the laws
of this or any other state or of the United States from engaging in deceptive conduct relating to the brokering of or originating a mortgage loan;
(e) Been found to have violated the provisions of section 12-10-721;
(f) Been found to have violated the provisions of section 12-10-713;
(g) Not demonstrated financial responsibility, character, and general fitness
to command the confidence of the community and to warrant a determination that the individual will operate honestly, fairly, and efficiently, consistent with the purposes of this part 7;
(h) Not completed the prelicense education requirements set forth in section
12-10-704 and any applicable rules of the board; or
(i) Not passed a written examination that meets the requirements set forth in
section 12-10-704 and any applicable rules of the board.
(2) The board shall deny an application for a license, refuse to renew, or
revoke the license of an applicant or licensee who has:
(a) (I) Had a mortgage loan originator license or similar license revoked in
any jurisdiction.
(II) If a revocation is subsequently formally nullified, the license is not
revoked for purposes of this subsection (2)(a).
(b) (I) At any time been convicted of, or pled guilty or nolo contendere to, a
felony in a domestic, foreign, or military court if the felony involved an act of fraud, dishonesty, breach of trust, or money laundering.
(II) If the individual obtains a pardon of the conviction, the board shall not
deem the individual convicted for purposes of this subsection (2)(b).
(c) Been convicted of, or pled guilty or nolo contendere to, a felony within the
immediately preceding seven years.
(3) The board may investigate the activities of a licensee or other person that
present grounds for disciplinary action under this part 7 or that violate section 12-10-720 (1).
(4) (a) If the board has reasonable grounds to believe that a mortgage loan
originator is no longer qualified under subsection (1) of this section, the board may summarily suspend the mortgage loan originator's license pending a hearing to revoke the license. A summary suspension shall conform to article 4 of title 24.
(b) The board shall suspend the license of a mortgage loan originator who
fails to maintain the bond required by section 12-10-717 until the licensee complies with that section.
(5) The board or an administrative law judge appointed pursuant to part 10 of
article 30 of title 24 shall conduct disciplinary hearings concerning mortgage loan originators and mortgage companies. The hearings shall conform to article 4 of title 24.
(6) (a) Except as provided in subsection (6)(b) of this section, an individual
whose license has been revoked shall not be eligible for licensure for two years after the effective date of the revocation.
(b) If the board or an administrative law judge determines that an application
contained a misstatement of fact or omitted a required disclosure due to an unintentional error, the board shall allow the applicant to correct the application. Upon receipt of the corrected and completed application, the board or administrative law judge shall not bar the applicant from being licensed on the basis of the unintentional misstatement or omission.
(7) (a) The board or an administrative law judge may administer oaths, take
affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant papers, books, records, documentary evidence, and materials in any hearing or investigation conducted by the board or an administrative law judge. The board may request any information relevant to the investigation, including, but not limited to, independent credit reports obtained from a consumer reporting agency described in the federal Fair Credit Reporting Act, 15 U.S.C. sec. 1681a (p).
(b) Upon failure of a witness to comply with a subpoena or process, the
district court of the county in which the subpoenaed witness resides or conducts business may issue an order requiring the witness to appear before the board or administrative law judge; produce the relevant papers, books, records, documentary evidence, testimony, or materials in question; or both. Failure to obey the order of the court may be punished as a contempt of court. The board or an administrative law judge may apply for an order.
(c) The licensee or individual who, after an investigation under this part 7, is
found to be in violation of a provision of this part 7 shall be responsible for paying all reasonable and necessary costs of the division arising from subpoenas or requests issued pursuant to this subsection (7), including court costs for an action brought pursuant to subsection (7)(b) of this section.
(8) (a) If the board has reasonable cause to believe that an individual is
violating this part 7, including but not limited to section 12-10-720 (1), the board may enter an order requiring the individual to cease and desist the violations.
(b) The board, upon its own motion, may, and, upon the complaint in writing
of any person, shall, investigate the activities of any licensee or any individual who assumes to act in such capacity within the state. In addition to any other penalty that may be imposed pursuant to this part 7, any individual violating any provision of this part 7 or any rules promulgated pursuant to this article 10 may be fined upon a finding of misconduct by the board as follows:
(I) In the first administrative proceeding, a fine not in excess of one thousand
dollars per act or occurrence;
(II) In a second or subsequent administrative proceeding, a fine not less than
one thousand dollars nor in excess of two thousand dollars per act or occurrence.
(c) All fines collected pursuant to this subsection (8) shall be transferred to
the state treasurer, who shall credit them to the division of real estate cash fund created in section 12-10-215.
(9) The board shall keep records of the individuals licensed as mortgage loan
originators and of disciplinary proceedings. The records kept by the board shall be open to public inspection in a reasonable time and manner determined by the board.
(10) The board shall maintain a system, which may include, without limitation,
a hotline or website, that gives consumers a reasonably easy method for making complaints about a mortgage loan originator.
(11) The board shall promulgate rules to allow licensed mortgage loan
originators to hire unlicensed mortgage loan originators under temporary licenses. If an unlicensed mortgage loan originator has initiated the application process for a license, he or she shall be assigned a temporary license for a reasonable period until a license is approved or denied. The licensed mortgage loan originator who employs an unlicensed mortgage loan originator shall be held responsible under all applicable provisions of law, including without limitation this part 7 and section 38-40-105, for the actions of the unlicensed mortgage loan originator to whom a temporary license has been assigned under this subsection (11).
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
698, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-905 as it existed prior
to 2019.
C.R.S. § 12-10-712
12-10-712. Powers and duties of the board over mortgage companies - fines - rules. (1) With respect to mortgage companies, the board may deny an application for registration; refuse to renew, suspend, or revoke the registration; enter cease-and-desist orders; and impose fines as set forth in this section as follows:
(a) If the board has reasonable cause to believe a person is acting without a
license or registration;
(b) If the mortgage company fails to maintain possession, for future use or
inspection by an authorized representative of the board, for a period of four years, of the documents or records prescribed by the rules of the board or to produce the documents or records upon reasonable request by the board or by an authorized representative of the board;
(c) If the mortgage company employs or contracts with individuals who are
required to be licensed pursuant to this part 7 and who are not either:
(I) Licensed; or
(II) In the process of becoming licensed; or
(d) If the mortgage company directs, makes, or causes to be made, in any
manner, a false or deceptive statement or representation with regard to the rates, points, or other financing terms or conditions for a residential mortgage loan; engages in bait and switch advertising as that term is used in section 6-1-105 (1)(n); or violates any rule of the board that directly or indirectly addresses advertising requirements.
(2) (a) The board, upon its own motion or upon the complaint in writing of any
person, may investigate the activities of any registered mortgage company or any mortgage company that is acting in a capacity that requires registration pursuant to this part 7.
(b) The board may fine a mortgage company that has violated this section or
any rules promulgated pursuant to this section as follows:
(I) In the first administrative proceeding, a fine not in excess of one thousand
dollars per act or occurrence;
(II) In a second or subsequent administrative proceeding, a fine not in excess
of two thousand dollars per act or occurrence.
(c) All fines collected pursuant to this section shall be transmitted to the
state treasurer, who shall credit them to the division of real estate cash fund created in section 12-10-215.
(3) The board may adopt reasonable rules for implementing this section.
(4) Nothing in this section automatically imputes a violation to the mortgage
company if a licensed agent or employee, or an individual agent or employee who is required to be licensed, violates any other provision of this part 7.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
702, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-905.1 as it existed prior
to 2019.
C.R.S. § 12-10-713
12-10-713. Disciplinary actions - grounds - procedures - rules. (1) The board, upon its own motion, may, or upon the complaint in writing of any person, shall, investigate the activities of any mortgage loan originator. The board has the power to impose an administrative fine in accordance with section 12-10-711, deny a license, censure a licensee, place the licensee on probation and set the terms of probation, order restitution, order the payment of actual damages, or suspend or revoke a license when the board finds that the licensee or applicant has performed, is performing, or is attempting to perform any of the following acts:
(a) Knowingly making any misrepresentation or knowingly making use of any
false or misleading advertising;
(b) Making any promise that influences, persuades, or induces another
person to detrimentally rely on the promise when the licensee could not or did not intend to keep the promise;
(c) Knowingly misrepresenting or making false promises through agents,
salespersons, advertising, or otherwise;
(d) Violating any provision of the Colorado Consumer Protection Act,
article 1 of title 6, and, if the licensee has been assessed a civil or criminal penalty or been subject to an injunction under the act, the board shall revoke the licensee's license;
(e) Acting for more than one party in a transaction without disclosing any
actual or potential conflict of interest or without disclosing to all parties any fiduciary obligation or other legal obligation of the mortgage loan originator to any party;
(f) Representing or attempting to represent a mortgage loan originator other
than the licensee's principal or employer without the express knowledge and consent of that principal or employer;
(g) In the case of a licensee in the employ of another mortgage loan
originator, failing to place, as soon after receipt as is practicably possible, in the custody of that licensed mortgage loan originator-employer any deposit money or other money or fund entrusted to the employee by any person dealing with the employee as the representative of that licensed mortgage loan originator-employer;
(h) Failing to account for or to remit, within a reasonable time, any money
coming into his or her possession that belongs to others, whether acting as a mortgage loan originator, real estate broker, salesperson, or otherwise, and failing to keep records relative to the money, which records shall contain such information as may be prescribed by the rules of the board relative thereto and shall be subject to audit by the board;
(i) Converting funds of others, diverting funds of others without proper
authorization, commingling funds of others with the licensee's own funds, or failing to keep the funds of others in an escrow or a trustee account with a bank or recognized depository in this state, which account may be any type of checking, demand, passbook, or statement account insured by an agency of the United States government, and to keep records relative to the deposit that contain such information as may be prescribed by the rules of the board relative thereto, which records shall be subject to audit by the board;
(j) Failing to provide the parties to a residential mortgage loan transaction
with such information as may be prescribed by the rules of the board;
(k) Unless an employee of a duly registered mortgage company, failing to
maintain possession, for future use or inspection by an authorized representative of the board, for a period of four years, of the documents or records prescribed by the rules of the board or to produce the documents or records upon reasonable request by the board or by an authorized representative of the board;
(l) Paying a commission or valuable consideration for performing any of the
functions of a mortgage loan originator, as described in this part 7, to any person who is not licensed under this part 7 or is not registered in compliance with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, 12 U.S.C. sec. 5101 et seq., as amended;
(m) Disregarding or violating any provision of this part 7 or any rule adopted
by the board pursuant to this part 7; violating any lawful orders of the board; or aiding and abetting a violation of any rule, order of the board, or provision of this part 7;
(n) Conviction of, entering a plea of guilty to, or entering a plea of nolo
contendere to any crime in article 3 of title 18, parts 1 to 4 of article 4 of title 18, article 5 of title 18, part 3 of article 8 of title 18, article 15 of title 18, article 17 of title 18, or any other like crime under Colorado law, federal law, or the laws of other states. A certified copy of the judgment of a court of competent jurisdiction of a conviction or other official record indicating that a plea was entered shall be conclusive evidence of the conviction or plea in any hearing under this part 7.
(o) Violating or aiding and abetting in the violation of the Colorado or federal
fair housing laws;
(p) Failing to immediately notify the board in writing of a conviction, plea, or
violation pursuant to subsection (1)(n) or (1)(o) of this section;
(q) Having demonstrated unworthiness or incompetency to act as a
mortgage loan originator by conducting business in such a manner as to endanger the interest of the public;
(r) Procuring, or attempting to procure, a mortgage loan originator's license
or renewing, reinstating, or reactivating, or attempting to renew, reinstate, or reactivate, a mortgage loan originator's license by fraud, misrepresentation, or deceit or by making a material misstatement of fact in an application for the license;
(s) Claiming, arranging for, or taking any secret or undisclosed amount of
compensation, commission, or profit or failing to reveal to the licensee's principal or employer the full amount of the licensee's compensation, commission, or profit in connection with any acts for which a license is required under this part 7;
(t) Exercising an option to purchase in any agreement authorizing or
employing a licensee to sell, buy, or exchange real estate for compensation or commission except when the licensee, prior to or coincident with election to exercise the option to purchase, reveals in writing to the licensee's principal or employer the full amount of the licensee's profit and obtains the written consent of the principal or employer approving the amount of the profit;
(u) Fraud, misrepresentation, deceit, or conversion of trust funds that results
in the payment of any claim pursuant to this part 7 or that results in the entry of a civil judgment for damages;
(v) Any other conduct, whether of the same or a different character than
specified in this subsection (1), that evinces a lack of good faith and fair dealing;
(w) Having had a mortgage loan originator's license suspended or revoked in
any jurisdiction or having had any disciplinary action taken against the mortgage loan originator in any other jurisdiction. A certified copy of the order of disciplinary action shall be prima facie evidence of the disciplinary action.
(x) Engaging in any unfair or deceptive practice toward any person;
(y) Obtaining property by fraud or misrepresentation;
(z) Soliciting or entering into a contract with a borrower that provides, in
substance, that the mortgage loan originator may earn a fee or commission through the mortgage loan originator's best efforts to obtain a loan even though no loan is actually obtained for the borrower;
(aa) Soliciting, advertising, or entering into a contract for specific interest
rates, points, or other financing terms unless the terms are actually available at the time of the solicitation, advertisement, or contract;
(bb) Failing to make a disclosure to a loan applicant or a noninstitutional
investor as required by section 12-10-725 and any other applicable state or federal law;
(cc) Making, in any manner, any false or deceptive statement or
representation with regard to the rates, points, or other financing terms or conditions for a residential mortgage loan or engaging in bait and switch advertising;
(dd) Negligently making any false statement or knowingly and willfully
omitting a material fact in connection with any reports filed by a mortgage loan originator or in connection with any investigation conducted by the division;
(ee) In any advertising of residential mortgage loans or any other applicable
mortgage loan originator activities covered by the following federal acts, failing to comply with any requirement of the Truth in Lending Act, 15 U.S.C. sec. 1601 and Regulation Z, 12 CFR 226 and 12 CFR 1026; the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. sec. 2601 and Regulation X, 12 CFR 1024 et seq.; the Equal Credit Opportunity Act, 15 U.S.C. sec. 1691 and Regulation B, 12 CFR 202.9, 202.11, and 202.12 and 12 CFR 1002; Title V, Subtitle A of the Financial Services Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act, 15 U.S.C. secs. 6801 to 6809, and the federal trade commission's privacy rules, 16 CFR 313 and 314, mandated by the Gramm-Leach-Bliley Act; the Home Mortgage Disclosure Act of 1975, 12 U.S.C. sec. 2801 et seq. and Regulation C, home mortgage disclosure, 12 CFR 203 and 12 CFR 1003; the Federal Trade Commission Act of 1914, 15 U.S.C. sec. 45 (a) and 16 CFR 233; and the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. secs. 6101 to 6108, and the federal trade commission's telemarketing sales rule, 16 CFR 310, as amended. The board may adopt rules requiring mortgage loan originators to comply with other applicable state and federal statutes and regulations.
(ff) Failing to pay a third-party provider, no later than thirty days after the
recording of the loan closing documents or ninety days after completion of the third-party service, whichever comes first, unless otherwise agreed or unless the third-party service provider has been notified in writing that a bona fide dispute exists regarding the performance or quality of the third-party service; or
(gg) Collecting, charging, attempting to collect or charge, or using or
proposing any agreement purporting to collect or charge any fee prohibited by section 12-10-725 or 12-10-726.
(2) Upon request of the board, when any mortgage loan originator is a party
to any suit or proceeding, either civil or criminal, arising out of any transaction involving a residential mortgage loan and the mortgage loan originator participated in the transaction in his or her capacity as a licensed mortgage loan originator, the mortgage loan originator shall supply to the board a copy of the complaint, indictment, information, or other initiating pleading and the answer filed, if any, and advise the board of the disposition of the case and of the nature and amount of any judgment, verdict, finding, or sentence that may be made, entered, or imposed therein.
(3) This part 7 shall not be construed to relieve any person from civil liability
or criminal prosecution under the laws of this state.
(4) Complaints of record in the office of the board and board investigations,
including board investigative files, are closed to public inspection. Stipulations and final agency orders are public record and subject to sections 24-72-203 and 24-72-204.
(5) When a complaint or an investigation discloses an instance of misconduct
that, in the opinion of the board, does not warrant formal action by the board but that should not be dismissed as being without merit, the board may send a letter of admonition by certified mail, return receipt requested, to the licensee against whom a complaint was made and a copy of the letter of admonition to the person making the complaint, but the letter shall advise the licensee that the licensee has the right to request in writing, within twenty days after proven receipt, that formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based. If the request is timely made, the letter of admonition shall be deemed vacated, and the matter shall be processed by means of formal disciplinary proceedings.
(6) All administrative fines collected pursuant to this section shall be
transmitted to the state treasurer, who shall credit them to the division of real estate cash fund created in section 12-10-215.
(7) (a) The board shall not consider an application for licensure from an
individual whose license has been revoked until two years after the date of revocation.
(b) If an individual's license was suspended or revoked due to conduct that
resulted in financial loss to another person, no new license shall be granted, nor shall a suspended license be reinstated, until full restitution has been made to the person suffering the financial loss. The amount of restitution shall include interest, reasonable attorney fees, and costs of any suit or other proceeding undertaken in an effort to recover the loss.
(8) When the board or the division becomes aware of facts or circumstances
that fall within the jurisdiction of a criminal justice or other law enforcement authority upon investigation of the activities of a licensee, the board or division shall, in addition to the exercise of its authority under this part 7, refer and transmit the information, which may include originals or copies of documents and materials, to one or more criminal justice or other law enforcement authorities for investigation and prosecution as authorized by law.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
703, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-905.5 as it existed prior
to 2019.
C.R.S. § 12-10-714
12-10-714. Hearing - administrative law judge - review - rules. (1) Except as otherwise provided in this section, all proceedings before the board with respect to disciplinary actions and denial of licensure under this part 7, at the discretion of the board, may be conducted by an authorized representative of the board or an administrative law judge pursuant to sections 24-4-104 and 24-4-105.
(2) Proceedings shall be held in the county where the board has its office or
in such other place as the board may designate. If the licensee is employed by another licensed mortgage loan originator or by a real estate broker, the board shall also notify the licensee's employer by mailing, by first-class mail, a copy of the written notice required under section 24-4-104 (3) to the employer's last-known business address.
(3) The board, an authorized representative of the board, or an administrative
law judge shall conduct all hearings for denying, suspending, or revoking a license or certificate on behalf of the board, subject to appropriations made to the department of personnel. Each administrative law judge shall be appointed pursuant to part 10 of article 30 of title 24. The administrative law judge shall conduct the hearing in accordance with sections 24-4-104 and 24-4-105. No license shall be denied, suspended, or revoked until the board has made its decision.
(4) The decision of the board in any disciplinary action or denial of licensure
under this section is subject to judicial review by the court of appeals. In order to effectuate the purposes of this part 7, the board has the power to promulgate rules pursuant to article 4 of title 24.
(5) In a judicial review proceeding, the court may stay the execution or effect
of any final order of the board; but a hearing shall be held affording the parties an opportunity to be heard for the purpose of determining whether the public health, safety, and welfare would be endangered by staying the board's order. If the court determines that the order should be stayed, it shall also determine at the hearing the amount of the bond and adequacy of the surety, which bond shall be conditioned upon the faithful performance by the petitioner of all obligations as a mortgage loan originator and upon the prompt payment of all damages arising from or caused by the delay in the taking effect of or enforcement of the order complained of and for all costs that may be assessed or required to be paid in connection with the proceedings.
(6) In any hearing conducted by the board or an authorized representative of
the board in which there is a possibility of the denial, suspension, or revocation of a license because of the conviction of a felony or of a crime involving moral turpitude, the board or its authorized representative shall be governed by section 24-5-101.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
707, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-905.6 as it existed prior
to 2019.
C.R.S. § 12-10-718
12-10-718. Fees. The board may set the fees for issuance and renewal of licenses and registrations under this part 7. The fees shall be set in amounts that offset the direct and indirect costs of implementing this part 7 and section 38-40-105. The money collected pursuant to this section shall be transferred to the state treasurer, who shall credit it to the division of real estate cash fund created in section 12-10-215.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
709, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-908 as it existed prior
to 2019.
C.R.S. § 12-10-721
12-10-721. Prohibited conduct - influencing a real estate appraisal. (1) A mortgage loan originator shall not, directly or indirectly, compensate, coerce, or intimidate an appraiser, or attempt, directly or indirectly, to compensate, coerce, or intimidate an appraiser, for the purpose of influencing the independent judgment of the appraiser with respect to the value of a dwelling offered as security for repayment of a residential mortgage loan. This prohibition shall not be construed as prohibiting a mortgage loan originator from requesting an appraiser to:
(a) Consider additional, appropriate property information;
(b) Provide further detail, substantiation, or explanation for the appraiser's
value conclusion; or
(c) Correct errors in the appraisal report.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
710, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-910.2 as it existed prior
to 2019.
C.R.S. § 12-10-724
12-10-724. Dual status as real estate broker - requirements. (1) Unless a mortgage loan originator complies with both subsections (2) and (3) of this section, he or she shall not act as a mortgage loan originator in any transaction in which:
(a) The mortgage loan originator acts or has acted as a real estate broker or
salesperson; or
(b) Another person doing business under the same licensed real estate
broker acts or has acted as a real estate broker or salesperson.
(2) Before providing mortgage-related services to the borrower, a mortgage
loan originator shall make a full and fair disclosure to the borrower, in addition to any other disclosures required by this part 7 or other laws, of all material features of the loan product and all facts material to the transaction.
(3) (a) A real estate broker or salesperson licensed under part 2 of this
article 10 who also acts as a mortgage loan originator shall carry on the mortgage loan originator business activities and shall maintain the person's mortgage loan originator business records separate and apart from the real estate broker or sales activities conducted pursuant to part 2 of this article 10. The activities shall be deemed separate and apart even if they are conducted at an office location with a common entrance and mailing address if:
(I) Each business is clearly identified by a sign visible to the public;
(II) Each business is physically separated within the office facility; and
(III) No deception of the public as to the separate identities of the broker
business firms results.
(b) This subsection (3) shall not require a real estate broker or salesperson
licensed under part 2 of this article 10 who also acts as a mortgage loan originator to maintain a physical separation within the office facility for the conduct of its real estate broker or sales and mortgage loan originator activities if the board determines that maintaining the physical separation would constitute an undue financial hardship upon the mortgage loan originator and is unnecessary for the protection of the public.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
710, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-912 as it existed prior
to 2019.
C.R.S. § 12-10-725
12-10-725. Written disclosure of fees and costs - contents - limits on fees - rules. (1) A mortgage loan originator's disclosures must comply with all applicable requirements of:
(a) The federal Truth in Lending Act, 15 U.S.C. sec. 1601 et seq., and
Regulation Z, 12 CFR 226 and 12 CFR 1026;
(b) The federal Real Estate Settlement Procedures Act of 1974, 12 U.S.C.
sec. 2601 et seq., and Regulation X, 12 CFR 1024 et seq.;
(c) The federal Equal Credit Opportunity Act, 15 U.S.C. sec. 1691 and
Regulation B, 12 CFR 202.9, 202.11, and 202.12 and 12 CFR 1002;
(d) Title V, Subtitle A of the federal Financial Services Modernization Act of
1999, also known as the Gramm-Leach-Bliley Act, 15 U.S.C. secs. 6801 to 6809, and the federal trade commission's privacy rules, 16 CFR 313 and 314, adopted in accordance with the federal Gramm-Leach-Bliley Act;
(e) The federal Home Mortgage Disclosure Act of 1975, 12 U.S.C. sec. 2801
et seq., and Regulation C, 12 CFR 203 and 12 CFR 1003, pertaining to home mortgage disclosure;
(f) The Federal Trade Commission Act of 1914, 15 U.S.C. sec. 45 (a), and 16
CFR 233;
(g) The federal Telemarketing and Consumer Fraud and Abuse Prevention
Act, 15 U.S.C. secs. 6101 to 6108, and the federal trade commission's telemarketing sales rule, 16 CFR 310.
(2) The board may, by rule, require mortgage loan originators to comply with
other mortgage loan disclosure requirements contained in applicable statutes and regulations in connection with making any residential mortgage loan or engaging in other activity subject to this part 7.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
711, � 1, effective October 1.
Editor's note: This section is similar to former � 12-61-914 as it existed prior
to 2019.
C.R.S. § 12-10-801
12-10-801. HOA information and resource center - creation - duties - rules - subject to review - repeal. (1) There is created, within the division, the HOA information and resource center, the head of which is the HOA information officer. The HOA information officer shall be appointed by the director.
(2) The HOA information officer shall be familiar with the Colorado Common
Interest Ownership Act, article 33.3 of title 38, also referred to in this section as the act. The director shall not appoint as the HOA information officer a person who is or, within the immediately preceding ten years, has been licensed by or registered with the division or who owns stocks, bonds, or any pecuniary interest in a corporation subject in whole or in part to regulation by the division. In addition, in conducting the search for an appointee, the director shall place a high premium on candidates who are balanced, independent, unbiased, and without any current financial ties to an HOA board or board member or to a person or entity that provides HOA management services. After being appointed, the HOA information officer shall refrain from engaging in conduct or relationships that would create a conflict of interest or the appearance of a conflict of interest.
(3) (a) The HOA information officer shall act as a clearing house for
information concerning the basic rights and duties of unit owners, declarants, and unit owners' associations under the act by:
(I) Compiling a database about registered associations, including the name;
address; email address, if any; website, if any; and telephone number of each;
(II) Coordinating and assisting in the preparation of educational and
reference materials, including materials to assist unit owners, executive boards, board members, and association managers in understanding their rights and responsibilities with respect to:
(A) Open meetings;
(B) Proper use of executive sessions;
(C) Removal of executive board members;
(D) Unit owners' right to speak at meetings of the executive board;
(E) Unit owners' obligation to pay assessments and the association's rights
and responsibilities in pursuing collection of past-due amounts; and
(F) Other educational or reference materials that the HOA information
officer deems necessary or appropriate;
(III) Monitoring changes in federal and state laws relating to common
interest communities and providing information about the changes on the division's website; and
(IV) Providing information, including a frequently asked questions
resource, on the division's website.
(a.5) Repealed.
(b) The HOA information officer may:
(I) Employ one or more assistants as may be necessary to carry out the HOA
information officer's duties; and
(II) Request certain records from associations as necessary to carry out the
HOA information officer's duties as set forth in this section.
(c) (I) The HOA information officer shall track inquiries and complaints and
report annually to the director regarding the number and types of inquiries and complaints received.
(II) In addition to the information described in subsection (3)(c)(I) of this
section, the HOA information officer shall report in the annual HOA report aggregated information provided by associations pursuant to section 38-33.3-401 (3.2) as part of the associations' annual registration with the director of the division.
(4) The operating expenses of the HOA information and resource center
shall be paid from the division of real estate cash fund, created in section 12-10-215, subject to annual appropriation.
(5) The director may adopt rules as necessary to implement this section and
section 38-33.3-401. This subsection (5) shall not be construed to confer additional rule-making authority upon the director for any other purpose.
(6) This section is repealed, effective September 1, 2030. Before the repeal,
the HOA information and resource center and the HOA information officer's powers and duties under this section 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.
713, � 1, effective October 1. L. 2020: (6) amended, (HB 20-1200), ch. 188, p. 860, � 2, effective June 30. L. 2024: (3)(a.5) added, (SB 24-021), ch. 53, p. 184, � 2, effective August 7. L. 2025: (1), (2), (3)(b)(I), and (6) amended, (SB 25-184), ch. 242, p. 1227, � 2, effective May 24; (3)(c) amended, (HB 25-1043), ch. 433, p. 2497, � 1, effective October 1.
Editor's note: (1) This section is similar to former � 12-61-406.5 as it existed
prior to 2019.
(2) Subsection (3)(a.5)(III) provided for the repeal of subsection (3)(a.5),
effective July 1, 2025. (See L. 2024, p. 184.)
(3) Section 7(2) of chapter 433 (HB 25-1043), Session Laws of Colorado
2025, provides that the act changing this section applies to enforcement actions instituted on or after October 1, 2025.
PART 9
HOME WARRANTY SERVICE CONTRACTS
C.R.S. § 12-15-106
12-15-106. Conservation easement tax credit certificate application process - definitions - rules. (1) For purposes of this section:
(a) Application means an application for a tax credit certificate submitted
pursuant to section 12-15-105 or this section.
(b) Conservation purpose means conservation purpose as defined in
section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any federal regulations promulgated in connection with that section.
(c) Credibility means the results are worthy of belief and are supported by
relevant evidence and logic to the degree necessary for the intended use.
(d) Deficiency means noncompliance with a requirement for obtaining a tax
credit certificate that, unless the noncompliance is remedied, is grounds for the denial of a tax credit certificate application submitted pursuant to this section.
(e) Director means the director of the division of conservation or his or her
designee.
(f) Landowner means the record owner of the surface of the land and, if
applicable, owner of the water or water rights beneficially used thereon who creates a conservation easement in gross pursuant to section 38-30.5-104.
(g) Tax credit certificate means the conservation easement tax credit
certificate issued pursuant to section 12-15-105 and this section.
(2) (a) The division shall establish and administer a process by which a
landowner seeking to claim an income tax credit for any conservation easement donation made on or after January 1, 2014, must apply for a tax credit certificate as required by section 39-22-522 (2.5) and (2.7). The purpose of the application process is to determine whether a conservation easement donation for which a tax credit will be claimed:
(I) Is a contribution of a qualified real property interest to a qualified
organization to be used exclusively for a conservation purpose;
(II) Is substantiated with a qualified appraisal prepared by a qualified
appraiser in accordance with the substance and principles of uniform standards of professional appraisal practice or an alternative method acceptable to the division and the commission; and
(III) Complies with the requirements of this section.
(b) The landowner has the burden of proof regarding compliance with all
applicable laws, rules, and regulations.
(3) For the purpose of reviewing applications and making determinations
regarding the issuance of tax credit certificates, including the dollar amount of the tax credit certificate to be issued:
(a) Division staff shall review each application and advise and make
recommendations to the director and the commission regarding the application.
(b) The director has authority and responsibility to determine the credibility
of the appraisal. In determining credibility, the director shall consider, at a minimum, compliance with the following requirements:
(I) The appraisal for a conservation easement donation for which a tax credit
is claimed pursuant to section 39-22-522 is a qualified appraisal from a qualified appraiser, as defined in section 170 (f) of the federal Internal Revenue Code of 1986, as amended, and any federal regulations promulgated in connection with that section;
(II) The appraisal conforms with the substance and principles of the uniform
standards of professional appraisal practice promulgated by the Appraisal Standards Board of the Appraisal Foundation and any other provision of law; and
(III) The appraiser holds a valid license as a certified general appraiser in
accordance with part 6 of article 10 of this title 12.
(IV) Repealed.
(c) The director has the authority and responsibility to determine compliance
with the requirements of section 12-15-104.
(d) The commission has the authority and responsibility to determine
whether a conservation easement donation for which a tax credit is claimed pursuant to section 39-22-522 is a qualified conservation contribution as defined in section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any federal regulations promulgated in connection with that section.
(4) The department of revenue is not authorized to disallow a conservation
easement tax credit based on any requirements that are under the jurisdiction of the division, the director, or the commission pursuant to this section.
(5) A complete tax credit certificate application must be made by the
landowner to the division and must include:
(a) A copy of the final conservation easement appraisal;
(b) A copy of the recorded deed granting the conservation easement;
(c) Documentation supporting the conservation purpose of the easement;
(d) Any other information or documentation the director or the commission
deems necessary to make a final determination regarding the application; and
(e) The fee required pursuant to subsection (6) of this section.
(6) A landowner submitting an application for a tax credit certificate
pursuant to this section or an application for an optional preliminary advisory opinion pursuant to subsection (14) of this section shall pay the division a fee as prescribed by the division. The application fee for an optional preliminary advisory opinion may be a different dollar amount than the application fee for a tax credit certificate. The fees must be adequate to pay for the administrative costs of the division and the commission in administering the requirements of this section, but not so high as to act as a disincentive to the creation of conservation easements in the state. The state treasurer shall credit the fees collected pursuant to this subsection (6) to the conservation cash fund created in section 12-15-107. On or before January 1, 2014, and on or before each January 1 thereafter, the division shall certify to the general assembly the amount of any fees prescribed by the division pursuant to this subsection (6).
(7) (a) If, during the review of an application for a tax credit certificate, the
director or the commission identifies any potential deficiencies, the director or commission shall document the potential deficiencies in a letter sent to the landowner by first-class mail. The division shall send letters documenting potential deficiencies to landowners in a timely manner so that the number of days between the date a completed application is received by the division and the mailing date of the division's letter to the landowner does not exceed one hundred twenty days.
(b) The landowner has sixty days after the mailing date of the division's
letter to address the potential deficiencies identified by the director and the commission and provide additional information or documentation that the director or the commission deems necessary to make a final determination regarding the application.
(c) The director and the commission have ninety days after the date of
receipt of any additional information or documentation provided by the landowner to review the information and documentation and make a final determination regarding the application.
(d) The deadlines prescribed by this subsection (7) may be extended upon
mutual agreement between the director and the commission and the landowner.
(8) The director or the commission may deny an application if the landowner:
(a) Has not demonstrated to the satisfaction of the director or the
commission that the application complies with any requirement of this article 15;
(b) Does not provide the information and documentation required pursuant to
this article 15; or
(c) Fails to timely respond to any written request or notice from the division,
the director, or the commission.
(9) If the director reasonably believes that any appraisal submitted in
accordance with this section is not credible, the director, after consultation with the commission, may request that the landowner, at the landowner's expense, obtain either a second appraisal or a review of the appraisal submitted with the application from an appraiser who meets the requirements of part 6 of article 10 of this title 12 and is in good standing with the board of real estate appraisers before making a final determination regarding the application.
(10) If the director and the commission do not identify any potential
deficiencies with an application, the director and the commission shall approve the application, and the division shall issue a tax credit certificate to the landowner pursuant to section 12-15-105 in a timely manner so that the number of days between the date a completed application is received by the division and the date the tax credit certificate is issued does not exceed one hundred twenty days. Once a tax credit certificate is issued, the landowner may claim and use the tax credit subject to any other applicable procedures and requirements under title 39. The deadline prescribed by this subsection (10) may be extended upon mutual agreement of the director, the commission, and the landowner.
(11) (a) If all potential deficiencies that have been identified are subsequently
addressed to the satisfaction of the director and the commission, the director and the commission shall approve the application, and the division shall issue a tax credit certificate to the landowner pursuant to section 12-15-105. Once a tax credit certificate is issued, the landowner may claim and use the tax credit subject to any other applicable procedures and requirements under title 39.
(b) If any potential deficiencies that have been identified are not
subsequently addressed to the satisfaction of the director and the commission, the division shall issue a written denial of the application to the landowner documenting those deficiencies that were the specific basis for the denial. The division shall date the written denial and send it by first-class mail to the landowner at the address provided by the landowner on the application. The director may act on behalf of the commission for purposes of administering the process for issuing approvals and denials of applications and for administering subsection (12) of this section.
(12) (a) The landowner may appeal to the director either the director's or the
commission's denial of an application, in writing, within thirty days after the issuance of the denial. This written appeal constitutes a request for an administrative hearing.
(b) If the landowner fails to appeal the denial of an application within thirty
days after the issuance of the denial, the denial becomes final, and the division shall not issue a tax credit certificate to the landowner.
(c) Administrative hearings must be conducted in accordance with section
24-4-105. At the discretion of the director, hearings may be conducted by an authorized representative of the director or the commission or an administrative law judge from the office of administrative courts in the department of personnel. All hearings must be held in the county where the division is located unless the director designates otherwise. The decision of the director or the commission is subject to judicial review by the court of appeals and is subject to the provisions of section 24-4-106.
(d) In conducting settlement discussions with a landowner, the director and
the commission may compromise on any of the deficiencies identified in the application and supporting documentation, including the dollar amount of the tax credit certificate to be issued. The director shall place on file in the division a record of any compromise and the reasons for the compromise.
(e) The director may promulgate rules pursuant to article 4 of title 24 to
effectuate the purposes of this subsection (12).
(13) (a) Commencing with the 2014 calendar year, and for each calendar year
thereafter, the division shall create a report, which shall be made available to the public, containing the following aggregate information:
(I) The total number of tax credit certificate applications received, approved,
and denied in accordance with this section, along with average processing times;
(II) For applications approved in accordance with this section:
(A) The total acreage under easement summarized by the allowable
conservation purposes as defined in section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any federal regulations promulgated in connection with that section;
(B) The total appraised value of the easements;
(C) The total donated value of the easements; and
(D) The total dollar amount of tax credit certificates issued.
(b) The division may include additional easement-specific information in the
public report that, notwithstanding the provisions of this article 15 or any other law to the contrary, would otherwise be publicly available.
(c) The director is authorized to share publicly available information
regarding conservation easements with a third-party vendor for the purpose of developing and maintaining a registry of conservation easements in the state with a corresponding map displaying the boundaries of each easement in the state relative to county boundaries and other relevant mapping information. For purposes of this subsection (13)(c), publicly available information means any document showing evidence of its recordation in the records of a county clerk and recorder or other information readily available to the general public. Prior to sharing the information, the director shall consult with the commission regarding the appropriate types of information and the methods used for collecting the information. The department of regulatory agencies shall annually report on the information contained in the registry as a part of its presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act. The information to be shared shall include the following:
(I) Any deeds, contracts, or other instruments creating, assigning, or
terminating the easement, including the reception numbers on all instruments;
(II) The location and acreage of each easement, delineated by county;
(III) The name of the original grantor of the easement and the name of the
original grantee of the easement;
(IV) Whether the holder of the easement is a certified organization pursuant
to section 12-15-104;
(V) The conservation purposes of the easement; and
(VI) If a tax credit was issued.
(14) (a) In addition to the tax credit certificate application process set forth in
this section, a landowner may submit a proposed conservation easement donation to the division to obtain an optional preliminary advisory opinion regarding the transaction. The opinion may address the proposed deed of conservation easement, appraisal, conservation purpose, or other relevant aspect of the transaction.
(b) The division, the director, and the commission shall review the
information and documentation provided in a manner consistent with the scope of their authority and responsibilities for reviewing tax credit certificate applications as outlined in subsection (3) of this section and issue either a favorable opinion or a nonfavorable opinion.
(c) The director or the commission may request that the landowner submit
additional information or documentation that the director or the commission deems necessary to complete the review and issue an opinion.
(d) A nonfavorable opinion shall set forth any potential deficiencies
identified by the director or the commission and that fall within the scope of the director's and the commission's review of the conservation easement transaction. The preliminary opinion is advisory only and is not binding for any purpose upon the division, the director, the commission, or the department of revenue.
(14.5) (a) The division shall convene a working group in conjunction with the
department of law and the department of revenue to develop proposed statutes and regulations for the following:
(I) An alternative method to the appraisal process set forth in section 39-22-522 (3.3) to establish the amount of tax credits for which a qualified conservation
easement contribution would be eligible;
(II) A process to provide retroactive tax credits, payments, or refunds to
taxpayers who claimed credits pursuant to section 39-22-522 between January 1, 2000, and December 31, 2013, and whose tax credits were denied in whole or in part, including the development of eligibility criteria for receiving such retroactive tax credits, payments, or refunds; and
(III) Recommendations for administering orphaned conservation easements.
(b) The working group shall consist of eight members. The president of the
senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives shall each appoint two members to the working group prior to June 1, 2019. In making appointments, consideration should be given to appointing individuals who are certified easement holders, taxpayers who have considered conveying a conservation easement or conveyed a conservation easement and claimed a tax credit, conservation easement appraisers, and conservation attorneys. The working group shall convene its first meeting in a hearing room at the state capitol building at 9:00 a.m. on June 25, 2019. The working group shall select a chairperson at the first meeting. At each meeting of the working group, it shall designate the date, place, and time of its next meeting.
(c) The working group shall submit a report to the rural affairs and
agriculture committee of the house of representatives and the agriculture and natural resources committee of the senate by no later than December 1, 2019. The report must include any recommendations for legislation or rule-making to address the issues addressed pursuant to this subsection (14.5).
(15) The division may promulgate rules to effectuate the purpose,
implementation, and administration of this section pursuant to article 4 of title 24. The authority to promulgate rules includes the authority to:
(a) Define further in rule the administrative processes and requirements,
including application processing and review time frames, for obtaining and issuing an optional preliminary advisory opinion pursuant to subsection (14) of this section; and
(b) Adopt best practices, processes, and procedures used by other entities
that regularly review conservation easement transactions, including a practice, process, or procedure deeming qualified conservation easement appraisals approved by these entities based on their independent reviews as credible for purposes of the conservation easement tax credit.
(16) Notwithstanding the provisions of the Colorado Open Records Act,
part 2 of article 72 of title 24, the division, the director, and the commission shall deny the right of public inspection of any documentation or other record related to information obtained as part of an individual landowner's application for a tax credit certificate or an optional preliminary advisory opinion pursuant to the requirements of this section, including documentation or other records related to administrative hearings and settlement discussions held pursuant to subsection (12) of this section. The division, the director, and the commission may share documentation or other records related to information obtained pursuant to this section with the department of revenue.
(17) Nothing in this section affects any tax credit that is claimed or used
pursuant to section 39-22-522 for conservation easement donations occurring prior to January 1, 2014.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.
723, � 1, effective October 1; (2)(a)(II), (3)(b)(II), IP(13)(c), and (15) amended, (3)(b)(IV) repealed, and (14.5) added, (HB 19-1264), ch. 420, p. 3682, � 15, effective October 1. L. 2024: (10) amended, (SB 24-126), ch. 211, p. 1291, � 5, effective August 7.
Editor's note: (1) This section is similar to former � 12-61-1106 as it existed
prior to 2019.
(2) Before its relocation in 2019, this section was amended in HB 19-1264.
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 June 30, 2019, to October 1, 2019, see HB 19-1264, chapter 420, Session Laws of Colorado 2019.
Cross references: For the legislative declaration in SB 24-126, see section 1
of chapter 211, Session Laws of Colorado 2024.
C.R.S. § 13-21-201
13-21-201. Damages for death. (1) When any person dies from any injury resulting from or occasioned by the negligence, unskillfulness, or criminal intent of any officer, agent, servant, or employee while running, conducting, or managing any locomotive, car, or train of cars, or of any driver of any coach or other conveyance operated for the purpose of carrying either freight or passengers for hire while in charge of the same as a driver, and when any passenger dies from an injury resulting from or occasioned by any defect or insufficiency in any railroad or any part thereof, or in any locomotive or car, or other conveyance operated for the purpose of carrying either freight or passengers for hire, the corporation or individuals in whose employ any such officer, agent, servant, employee, master, pilot, engineer, or driver is at the time such injury is committed, or who owns any such railroad, locomotive, car, or other conveyance operated for the purpose of carrying either freight or passengers for hire at the time any such injury is received, and resulting from or occasioned by the defect or insufficiency above described shall forfeit and pay for every person and passenger so injured the sum of not exceeding ten thousand dollars and not less than three thousand dollars, which may be sued for and recovered:
(a) In the first year after such death:
(I) By the spouse of the deceased;
(II) Upon the written election of the spouse, by the spouse and the heir or
heirs of the deceased;
(III) Upon the written election of the spouse, by the heir or heirs of the
deceased;
(IV) If there is no spouse, by the heir or heirs of the deceased or the
designated beneficiary, if there is one designated pursuant to article 22 of title 15, with the right to bring an action pursuant to this section, and if there is no designated beneficiary, by the heir or heirs of the deceased; or
(V) If, at the time of death, there is no spouse, no heir or heirs, and no
designated beneficiary, or, if the deceased was an unmarried minor without descendants or an unmarried adult without descendants, and there is no mother and no father of the deceased, then by the sibling or siblings of the deceased or the heir or heirs of the sibling or siblings of the deceased.
(b) (I) In the second year after such death:
(A) By the spouse of the deceased;
(B) By the heir or heirs of the deceased;
(C) By the spouse and the heir or heirs of the deceased;
(D) By the designated beneficiary of the deceased, if there is one designated
pursuant to article 22 of title 15, with the right to bring an action pursuant to this section, and the heir or heirs of the deceased; or
(E) By the sibling or siblings of the deceased or the heir or heirs of the sibling
or siblings of the deceased, but only if, at the time of death, the deceased had no surviving spouse, no heir or heirs, and no designated beneficiary, or, if the deceased was an unmarried minor without descendants or an unmarried adult without descendants, and had no mother and no father.
(II) However, if the heir or heirs of the deceased commence an action under
the provisions of sub-subparagraph (B) of subparagraph (I) of this paragraph (b), the spouse or the designated beneficiary of the deceased, if there is one designated pursuant to article 22 of title 15, C.R.S., with the right to bring an action pursuant to this section, upon motion filed within ninety days after service of written notice of the commencement of the action upon the spouse or designated beneficiary, shall be allowed to join the action as a party plaintiff.
(c) (I) If the deceased is an unmarried minor without descendants or an
unmarried adult without descendants and without a designated beneficiary pursuant to article 22 of title 15, C.R.S., by the father or mother who may join in the suit. Except as provided in subparagraphs (II) and (III) of this paragraph (c), the father and mother shall have an equal interest in the judgment, or if either of them is dead, then the surviving parent shall have an exclusive interest in the judgment.
(II) For cases in which the father and mother are divorced, separated, or
living apart, a motion may be filed by either the father or the mother prior to trial requesting the court to apportion fairly any judgment awarded in the case. Where such a motion is filed, the court shall conduct a post-judgment hearing at which the father and the mother shall have the opportunity to be heard and to produce evidence regarding each parent's relationship with the deceased child.
(III) On conclusion of the post-judgment hearing conducted pursuant to
subparagraph (II) of this paragraph (c), the court shall fairly determine the percentage of the judgment to be awarded to each parent. In making such a determination, the court shall consider each parent's relationship with the deceased, including custody, control, support, parental responsibility, and any other factors the court deems pertinent. The court's determination of the percentage of the judgment awarded to each parent shall not be disturbed absent an abuse of discretion.
(d) For purposes of this section, father or mother means a natural parent of
the deceased or a parent of the deceased by adoption. Father or mother does not include a person whose parental rights concerning the deceased were terminated pursuant to the provisions of title 19, C.R.S.
(2) In suits instituted under this section, it is competent for the defendant for
his defense to show that the defect or insufficiency named in this section was not a negligent defect or insufficiency. The judgment obtained in an action under this section shall be owned by such persons as are heirs at law of the deceased under the statutes of descent and distribution and shall be divided among such heirs at law in the same manner as real estate is divided according to said statute of descent and distribution.
Source: G.L. � 877. G.S. � 1030. L. 07: p. 296, � 1. R.S. 08: � 2056. C.L. � 6302.
CSA: C. 50, � 1. L. 51: p. 338, � 1. CRS 53: � 41-1-1. C.R.S. 1963: � 41-1-1. L. 88: (1)(a), (1)(b), and (1)(c) R&RE and (2) amended, pp. 603, 604, �� 1, 2, effective July 1. L. 2000: (1)(c) amended and (1)(d) added, p. 169, � 1, effective July 1. L. 2009: (1) amended, (HB 09-1260), ch. 107, p. 441, � 6, effective July 1. L. 2024: (1)(a)(III), (1)(a)(IV), (1)(b)(I)(C), and (1)(b)(I)(D) amended and (1)(a)(V) and (1)(b)(I)(E) added, (HB 24-1472), ch. 325, p. 2172, � 3, effective January 1, 2025.
Cross references: (1) For determination of death, see � 12-240-140.
(2) For the legislative declaration in HB 24-1472, see section 1 of chapter
325, Session Laws of Colorado 2024.
C.R.S. § 13-23-102
13-23-102. Definitions. As used in this article, unless the context otherwise requires:
(1) Annuity issuer means an insurer that has issued a contract to fund
periodic payments under a structured settlement.
(2) Dependent means a payee's spouse, minor child, or any person for
whom the payee is legally obligated to provide support, including maintenance.
(3) Discounted present value means the present value of future payments
determined by discounting such payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States internal revenue service.
(4) Gross advance amount means the sum payable to the payee or for the
payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions are made from such consideration.
(5) Independent professional advice means advice of an attorney, certified
public accountant, actuary, or other licensed professional adviser.
(6) Interested parties means the payee, any beneficiary irrevocably
designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party who has continuing rights or obligations under such structured settlement. If a delegate child support enforcement unit is enforcing a payee's legal obligation to support his or her dependent children, pursuant to section 26-13-105, C.R.S., interested parties shall also include the delegate child support enforcement unit.
(7) Net advance amount means the gross advance amount less the
aggregate amount of the actual and estimated transfer expenses required to be disclosed under section 13-23-103.
(8) Payee means an individual who is receiving tax-free payments under a
structured settlement and who proposes to make a transfer of payment rights thereunder.
(9) Periodic payment means a recurring payment or a scheduled future
lump-sum payment.
(10) Qualified assignment agreement means an agreement providing for a
qualified assignment within the meaning of section 130 of the federal Internal Revenue Code of 1986, as amended.
(11) Responsible administrative authority means any government authority
vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement.
(12) Settled claim means the original tort claim resolved by a structured
settlement.
(13) Structured settlement means an arrangement for periodic payment of
damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim.
(14) Structured settlement agreement means the agreement, judgment,
stipulation, or release embodying the terms of a structured settlement.
(15) Structured settlement obligor means the party who has the continuing
obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement.
(16) Structured settlement payment right means the right to receive
periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where:
(a) The payee is domiciled in Colorado or the domicile or principal place of
business of the structured settlement obligor or the annuity issuer is Colorado; or
(b) The structured settlement agreement was approved by a court or
responsible administrative authority in Colorado; or
(c) The structured settlement agreement is expressly governed by the laws
of Colorado.
(17) Terms of the structured settlement means the terms of the structured
settlement agreement, the annuity contract, a qualified assignment agreement, and any order or other approval of a court or responsible administrative authority or other government authority that authorized or approved such structured settlement.
(18) Transfer means a sale, assignment, pledge, hypothecation, or other
alienation or encumbrance of a structured settlement payment right made by a payee for consideration; except that the term transfer does not include the creation or perfection of a security interest in a structured settlement payment right under a blanket security agreement entered into with an insured depository institution in the absence of any action to redirect the structured settlement payments to such insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce such blanket security interest against the structured settlement payment rights.
(19) Transfer agreement means the agreement providing for a transfer of a
structured settlement payment right.
(20) Transferee means a party acquiring or proposing to acquire a
structured settlement payment right through a transfer.
(21) Transfer expenses means all expenses of a transfer that are required
under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorney fees, escrow fees, lien recordation fees, judgment and lien search fees, finders' fees, commissions, and other payments to a broker or other intermediary. Transfer expenses does not include preexisting obligations of the payee payable for the payee's account from the proceeds of a transfer.
Source: L. 2004: Entire article added, p. 494, � 1, effective July 1.
C.R.S. § 13-25-108
13-25-108. Evidence of assessment. In all actions in all courts of record, the original assessment, or a certified copy thereof purporting to be made by the corporate authorities of any municipality in this state, under a statute authorizing the same, which determines the cost and expense due from any piece of real estate, or from the owner thereof, because of the construction of any kind of local improvement in the taxing district wherein such property is located, or in front of, abutting upon, or adjacent to said realty within any such municipality shall be accepted and treated by such tribunals as prima facie evidence of the lawful existence, and due and proper performance of all preliminary steps essential to make such assessment a legal and valid assessment against the realty or owner thereof, or both, against whom it appears to be made.
Source: L. 1891: p. 192, � 1. R.S. 08: � 2497. C.L. � 6543. CSA: C. 63, � 9. CRS
53: � 52-1-9. C.R.S. 1963: � 52-1-9. L. 64: p. 266, � 158.
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. § 13-52-102
13-52-102. Property subject to execution - lien - real estate. (1) All goods and chattels, lands, tenements, and real estate of every person against whom any judgment is obtained in any court of record in this state, either at law or in equity, or against whom any foreign judgment is filed with the clerk of any court of this state in accordance with the provisions of the Uniform Enforcement of Foreign Judgments Act pursuant to article 53 of this title, which judgment, in either case, is for any debt, damages, costs, or other sum of money are liable to be sold on execution to be issued upon such judgment. A transcript of the judgment record of such judgment, certified by the clerk of such court, may be recorded in any county; and from the time of recording such transcript, and not before, the judgment shall become a lien upon all the real estate, not exempt from execution in the county where such transcript of judgment is recorded, owned by such judgment debtor or which such judgment debtor may afterwards acquire in such county, until such lien expires. The lien of such judgment shall expire six years after the entry of judgment unless, prior to the expiration of such six-year period, such judgment is revived as provided by law and a transcript of the judgment record of such revived judgment, certified by the clerk of the court in which such revived judgment was entered, is recorded in the same county in which the transcript of the original judgment was recorded, in which event the lien shall continue for six years from the entry of the revived judgment. A lien may be obtained with respect to a revived judgment in the same manner as an original judgment and the lien of a revived judgment may be continued in the same manner as the lien of an original judgment. The lien of any judgment shall expire if the judgment is satisfied or considered as satisfied as provided in this section. The lien created by recording a notice of lien of a judgment for child support or maintenance or arrears thereof or child support debt pursuant to section 14-10-122, C.R.S., shall be governed by such section. The lien created by recording a transcript of an order for restitution pursuant to section 16-18.5-104 (5)(a), C.R.S., shall be governed by article 18.5 of title 16, C.R.S.
(2) (a) Except as provided in paragraph (b) of this subsection (2), execution
may issue on any judgment described in subsection (1) of this section to enforce the same at any time within twenty years from the entry thereof, but not afterwards, unless revived as provided by law, and, after twenty years from the entry of final judgment in any court of this state, the judgment shall be considered as satisfied in full, unless so revived.
(b) (I) With respect to judgments entered in county courts on or after July 1,
1981, the time limitation within which execution may issue is six years from the entry thereof, but not afterwards, unless revived as provided by law, and, after six years from the entry of final judgment in any county court of this state, the judgment shall be considered as satisfied in full, unless so revived.
(II) The twenty-year limitation contained in paragraph (a) of this subsection
(2) shall not apply to judgments entered for restitution pursuant to article 18.5 of title 16, C.R.S. Execution may issue on judgments for restitution at any time until paid in full.
(c) If, after the date that a transcript of judgment is recorded in a county,
some portion or all of such county is merged with, annexed to, or otherwise becomes part of some other county or city and county, whether then existing or newly formed, then:
(I) It shall not be necessary to record the transcript of judgment in such other
county or city and county in order to continue the lien of the judgment and the priority thereof as to any real estate that the judgment debtor acquired before or acquires after the date of recording of the transcript of judgment if such real estate was in the county in which the transcript of judgment was recorded on or after the date of recording of the transcript of judgment; and
(II) If such judgment is revived as provided by law, timely recording of a
transcript of the revived judgment in such other county or city and county is necessary to continue the lien of the original judgment and the priority thereof with respect to any real estate that was in the county in which the transcript of the original judgment was recorded on or after the date of recording the transcript of the original judgment but, at the time of recording of the transcript of the revived judgment, is in such other county or city and county.
(3) The term real estate as used in this section includes all interests of the
defendant or any person to his use held or claimed by virtue of any deed, bond, covenant, or otherwise for a conveyance or as mortgagor of lands in fee, for life, or for years.
(4) (a) Any person, including a title insurance company as defined by article
11 of title 10, C.R.S., who makes representations concerning the existence of any judgment lien on the real property of another shall have the duty to make a bona fide good faith effort, prior to the making of such representations, to determine whether the person against whom the judgment was obtained is the same person as the person who holds an interest in the real property which is the subject of the representation. If a bona fide good faith effort is made and such effort fails to disclose satisfactory information as to whether or not the person against whom the judgment was obtained is the same person as the person who holds an interest in the real property which is the subject of the representation, then, in that event, the person or title insurance company who makes the representation may require the person who holds an interest in the real property which is the subject of the representation to provide satisfactory evidence or information that he is not the same person as the judgment debtor.
(b) Any person, including a title insurance company as defined by article 11 of
title 10, C.R.S., who makes representations concerning the existence of any judgment lien on the real property of another without making a bona fide good faith effort, prior to the making of such representations, to determine whether the person against whom the judgment was obtained is the same person as the person who holds an interest in the real property which is the subject of the representation is liable to any person damaged by the failure to make such effort in a sum of not less than one hundred dollars nor more than one thousand dollars for his actual and exemplary damages. The prevailing party shall recover the costs of the action together with reasonable attorney fees, as determined by the court. No action pursuant to this paragraph (b) shall be brought more than one year after the date of the representation concerning the existence of the judgment lien.
(c) As used in this subsection (4), bona fide good faith effort means
honesty in fact in the effort to discover and determine the actual and true identity of the judgment debtor against whom the judgment lien attaches. The effort shall include but need not be limited to an examination of the judgment debtor's social security number, his driver's license, his address, his birth record, and the court record in the action which resulted in the judgment lien, if available.
Source: R.S. p. 370, � 1. G.L. � 1409. G.S. � 1835. L. 1891: p. 246, � 1. L. 01: p.
231, � 1. R.S. 08: � 3609. L. 17: p. 329, � 1. C.L. � 5898. CSA: C. 93, � 2. CRS 53: � 77-1-2. C.R.S. 1963: � 77-1-2. L. 80: (4) added, p. 517, � 1, effective July 1. L. 81: (2) amended, p. 889, � 1, effective July 1. L. 92: (1) amended, p. 218, � 24, effective August 1. L. 93: (1) amended, p. 1563, � 14, effective September 1. L. 2000: (1) and (2) (b) amended, p. 1051, � 23, effective September 1. L. 2002: (1), (2) (a), and (2) (b) (II) amended and (2) (c) added, p. 49, � 1, effective March 21.
Cross references: For procedures in execution and other proceedings after
judgment, see C.R.C.P. 69.
C.R.S. § 13-52-103
13-52-103. Change of name of debtor - record. If a transcript of judgment is placed of record against any judgment debtor who, after the rendition of the judgment, changes his name and by such new name acquires real estate, the judgment creditor, or someone in his behalf, shall record in the office of the recorder of the county where such real estate is located notice of such judgment and change of name. Unless such notice and change of name are recorded, such judgment shall not be operative against an innocent purchaser of such property for value without actual or constructive notice of such lien and change of name.
Source: L. 25: p. 335, � 1. CSA: C. 93, � 3. CRS 53: � 77-1-3. C.R.S. 1963: �
77-1-3.
C.R.S. § 13-52-104
13-52-104. Transcript of federal judgment filed - lien. (1) A transcript of the docket entry of any judgment or decree, either at law or in equity, for any debt, damages, costs, or other sum of money, entered or registered in any district court of the United States within this state, duly certified by the clerk of such district court of the United States, may be recorded in any county in the same manner as the transcript of the judgment record of any similar judgment of the court of general jurisdiction of this state may be recorded.
(2) From the time of the recording of such transcript, and not before, such
judgment or decree shall be a lien upon all the real estate, not exempt from execution in the county where such transcript of judgment is recorded, owned by the judgment debtor or which the judgment debtor may afterwards acquire in such county, in the same manner and to the same extent and under the same conditions as if such judgment or decree had been entered by a court of general jurisdiction of this state.
Source: L. 1889: p. 456, �� 1, 2. R.S. 08: �� 3610, 3611. C.L. �� 5899, 5900.
CSA: C. 93, �� 4, 5. CRS 53: �� 77-1-4, 77-1-5. C.R.S. 1963: �� 77-1-4, 77-1-5. L. 2002: Entire section amended, p. 51, � 2, effective March 21.
C.R.S. § 13-54-102
13-54-102. Property exempt - commingled exempt and nonexempt assets - definitions. (1) The following property is exempt from levy and sale under writ of attachment or writ of execution:
(a) The necessary wearing apparel of the debtor and each dependent to the
extent of two thousand dollars in value;
(b) Watches, jewelry, and articles of adornment of the debtor and each
dependent to the extent of two thousand five hundred dollars in value;
(c) The library, family pictures, and school books of the debtor and the
debtor's dependents to the extent of two thousand dollars in value, not including any property constituting all or part of the stock in trade of the debtor;
(d) Burial sites, including spaces in mausoleums, to the extent of one site or
space for the debtor and each dependent;
(e) The household goods owned and used by the debtor or the debtor's
dependents to the extent of six thousand dollars in value;
(f) Provisions and fuel on hand for the use or consumption of the debtor or
the debtor's dependents to the extent of six hundred dollars in value;
(g) (I) Except as otherwise provided in subsection (1)(g)(II) of this section, in
the case of every debtor engaged in agriculture as the debtor's principal occupation, including farming, ranching, and dairy production or the raising of livestock or poultry, the following, in the aggregate value of one hundred thousand dollars:
(A) All livestock, poultry, or other animals;
(B) All crops, dairy products, and agricultural products grown, raised, or
produced; and
(C) All tractors, farm implements, trucks used in agricultural operations,
harvesting equipment, seed, and agricultural machinery and tools.
(II) Only one exemption in the aggregate value of one hundred thousand
dollars is allowed for a debtor and the debtor's spouse under subsection (1)(g)(I) of this section. In the event that property is claimed as exempt by a debtor or the debtor's spouse under subsection (1)(g)(I) of this section, no exemption is allowed for the debtor or the debtor's spouse under subsection (1)(i) of this section.
(h) Except for amounts due under court-ordered support of children or
spouse which are subject to the exemption provisions of section 13-54-104, all money received by any person as a pension, compensation, or allowance for any purpose on account or arising out of the services of such person as a member of the armed forces of the United States in time of war or armed conflict, and whether in the actual possession of the recipient thereof or deposited or loaned by him, and a like exemption to the unremarried widow or widower and the children of such person who receive a pension, compensation, or allowance of any kind from the United States on account or arising out of such service by a deceased member of such armed forces; and when a debtor entitled to exemption under this paragraph (h) dies or leaves his family said exemption shall extend to the dependents of said debtor;
(h.5) The articles of military equipment personally owned by members of the
National Guard;
(i) (I) Except as described in subsection (1)(i)(II) of this section, the stock in
trade, supplies, fixtures, maps, machines, tools, electronics, equipment, books, and business materials of a debtor that are used and kept for the purpose of carrying on:
(A) The debtor's primary gainful occupation, in the aggregate value of sixty
thousand dollars; or
(B) Any other gainful occupation, in the aggregate value of twenty thousand
dollars.
(II) Exempt property described in this subsection (1)(i) may not also be
claimed as exempt pursuant to subsection (1)(j) of this section.
(j) (I) Up to two motor vehicles or bicycles kept and used by any debtor, in the
aggregate value of fifteen thousand dollars; or
(II) (A) Up to two motor vehicles or bicycles kept and used by any debtor who
is elderly or disabled or by any debtor's spouse or dependent who is elderly or disabled, in the aggregate value of twenty-five thousand dollars.
(B) (Deleted by amendment, L. 2007, p. 876, � 3, effective May 14, 2007.)
(III) The exemption provided in this paragraph (j) does not apply to
snowmobiles, all-terrain vehicles, golf carts, boats or other watercraft, travel trailers, tent trailers, or motor homes.
(k) The library of any debtor who is a professional person, including a
minister or priest of any faith, kept and used by the debtor in carrying on his or her profession, in the value of three thousand dollars; except that exemptions with respect to any of the property described in this paragraph (k) may not also be claimed under paragraph (i) of this subsection (1);
(l) (I) (A) The cash surrender value of policies or certificates of life insurance
that have been owned by a debtor for a continuous, unexpired period of forty-eight months or more, to the extent of two hundred fifty thousand dollars for writs of attachment or writs of execution issued against the insured; except that there is no exemption for increases in cash value from extraordinary moneys contributed to a policy or certificate of life insurance during the forty-eight months prior to the issuance of the writ of attachment or writ of execution; and
(B) The proceeds of policies or certificates of life insurance paid upon the
death of the insured to a designated beneficiary, without limitation as to amount, for writs of attachment or writs of execution issued against the insured.
(II) The provisions of this paragraph (l) shall not be interpreted to provide an
exemption for attachment or execution of the proceeds of any policy or certificate of life insurance to pay the debts of a beneficiary of such policy or certificate.
(III) The provisions of this paragraph (l) shall not provide an exemption for
attachment or execution of the proceeds of any policy or certificate of life insurance if the beneficiary of such policy or certificate is the estate of the insured.
(IV) For purposes of this paragraph (l), extraordinary moneys means
monetary contributions or loan payments in excess of those contractually required under the policy or certificate of life insurance.
(m) The proceeds of any claim for loss, destruction, or damage and the avails
of any fire or casualty insurance payable because of loss, destruction, or damage to any property which would have been exempt under this article to the extent of the exemptions incident to such property;
(n) The proceeds of any claim for damages for personal injuries suffered by
any debtor except for obligations incurred for treatment of any kind for such injuries or collection of such damages;
(o) The full amount of any federal or state income tax refund attributed to an
earned income tax credit or any child tax credit, whether as a refundable tax credit or as a nonrefundable reduction in tax;
(p) Professionally prescribed health aids for the debtor or a dependent of the
debtor;
(q) The debtor's right to receive, or property that is traceable to, an award
under a crime victim's reparation law;
(r) For purposes of garnishment proceedings pursuant to article 54.5 of this
title 13, any amount held by a third party as a security deposit, as defined in section 38-12-102 (6), or any amount held by a third party as a utility deposit to secure payment for utility goods or services used or consumed by the debtor or the debtor's dependents;
(s) Property, including funds, held in or payable from any pension or
retirement plan, deferred compensation plan, and health savings accounts, including those in which the debtor has received benefits or payments, has the present right to receive benefits or payments, or has the right to receive benefits or payments in the future and including pensions or plans that qualify under the federal Employee Retirement Income Security Act of 1974, as amended; any employee pension benefit plan, as defined in 29 U.S.C. sec. 1002; any individual retirement account, as defined in 26 U.S.C. sec. 408; any Roth individual retirement account, as defined in 26 U.S.C. sec. 408A; and any plan, as defined in 26 U.S.C. sec. 401, and as these plans may be amended from time to time;
(t) All property which is subject to a judgment against a debtor for failure to
pay state income tax to a state for periods when such individual was not a resident of such state on benefits received from a pension or other retirement plan;
(u) Any court-ordered domestic support obligation or payment, including a
maintenance obligation or payment or a child support obligation or payment;
(v) Any claim for public or private disability benefits due, or any proceeds of
such a claim, not otherwise provided for under law, up to five thousand dollars per month. Any claim or proceeds in excess of this amount is subject to garnishment in accordance with section 13-54-104.
(w) Up to two thousand five hundred dollars cumulative in a depository
account or accounts in the name of the debtor.
(x) The debtor's aggregate interest in firearms and hunting and fishing
equipment held for personal, family, or household use or for the personal safety of the debtor and members of the debtor's household, not to exceed one thousand dollars in value;
(y) (I) Any economic impact payment held by or payable to a debtor or to a
debtor's dependents in any form.
(II) As used in this subsection (1)(y) and in subsection (3) of this section,
unless the context otherwise requires, economic impact payment means a payment from a federal, state, or local government to a debtor or to a debtor's dependents to assist in managing the economic consequences of a national or statewide emergency or disaster. Economic impact payment includes:
(A) All economic impact and stimulus recovery payments to debtors
pursuant to the federal Coronavirus Aid, Relief, and Economic Security Act, Pub.L. 116-136, as amended, or otherwise relating to the COVID-19 pandemic; and
(B) All other economic impact or stimulus recovery payments to debtors,
which payments are authorized to assist with economic recovery from the COVID-19 pandemic or from any national or statewide emergency or disaster. It is the intent of the general assembly that this definition be interpreted in the broadest possible manner to protect such payments.
(z) All money placed into a life expectancy set-aside account or similar
reserve fund, escrow, or impound account, which money is derived from reverse mortgage proceeds that are designated for use to pay for real estate property taxes; homeowner's hazard, flood, or other property insurance; or other home maintenance expenses.
(2) Notwithstanding the provisions of paragraph (h) of subsection (1) of this
section and section 13-54-104, military pensions shall be subject to court-ordered support of children or spouse.
(3) Notwithstanding subsections (1)(s) and (1)(y) of this section, any economic
impact payment and any pension or retirement benefit or payment is subject to attachment or levy in satisfaction of a judgment taken for arrearages for child support or for child support debt, subject to the limitations in section 13-54-104.
(4) Notwithstanding anything to the contrary in this section, all property of a
person who has committed a felonious killing, as defined in section 15-11-803 (1)(b), C.R.S., and as determined in the manner described in section 15-11-803 (7), C.R.S., shall be subject to attachment or levy in satisfaction of a judgment awarded pursuant to section 13-21-201 or section 13-21-202 for such felonious killing.
(5) (a) As provided in the exception contained in 11 U.S.C. sec. 522 (f)(3), as
amended, a debtor shall not avoid a consensual lien on property otherwise eligible to be claimed as exempt property.
(b) As used in this subsection (5), unless the context otherwise requires,
consensual lien means a lien on property granted with the consent and approval of the owner.
(6) To the extent that exempt assets are commingled with nonexempt
assets, a first-in first-out accounting shall be used to determine the portion of the commingled assets to which the exemption applies. If exempt assets are commingled with nonexempt assets as part of a single transaction, any amounts withdrawn from an account for the purpose of such transaction shall be assessed on a pro rata basis. This subsection (6) applies to all provisions of the Colorado Revised Statutes concerning the exemption of assets from seizure, except for exemptions that require segregation.
Source: L. 59: p. 530, � 2. CRS 53: � 77-13-2. C.R.S. 1963: � 77-2-2. L. 73: pp.
236, 915, 916, �� 15, 1, 3. L. 75: (1)(o)(II) amended, p. 1466, � 6, effective July 18. L. 77: (1)(h) amended and (1.1) added, p. 811, � 1, effective July 1. L. 81: Entire section R&RE, p. 893, � 2, effective July 1. L. 84: (1)(r) added, p. 475, � 2, effective January 1, 1985. L. 85: (1)(j) amended, p. 580, � 1, effective April 30. L. 91: (1)(s) and (3) added, p. 383, �� 1, 2, effective May 1. L. 92: (1)(t) added, p. 2241, � 1, effective June 6. L. 94: (1)(u) added, p. 1210, � 1, effective May 22. L. 95: (1)(l) amended, p. 723, � 1, effective July 1. L. 96: (4) added, p. 50, � 2, effective July 1. L. 2000: (1)(a), (1)(b), (1)(c), (1)(e), (1)(f), (1)(g), (1)(i), (1)(j)(I), (1)(j)(II)(A), (1)(k), and (1)(o) amended, p. 715, � 2, effective May 23. L. 2002: (1)(h.5) added, p. 587, � 11, effective May 24; (1)(s) amended, p. 487, � 1, effective May 24; (1)(g) amended, p. 1862, � 1, effective July 1; (1)(l)(I)(A) amended, p. 641, � 1, effective August 7. L. 2007: (1)(b), (1)(g), (1)(i), (1)(j), (1)(o), and (1)(u) amended and (1)(v) and (5) added, pp. 876, 877, �� 3, 4, effective May 14; (1)(s) amended, p. 2026, � 27, effective June 1. L. 2010: (1)(l)(I)(A) amended, (SB 10-147), ch. 147, p. 507, � 1, effective September 1. L. 2015: (1)(a), (1)(b), (1)(c), (1)(g)(I), (1)(i), (1)(j), (1)(l)(I)(A), and (1)(v) amended and (1)(l)(IV) added, (SB 15-283), ch. 301, p. 1237, � 2, effective July 1. L. 2017: (1)(l)(I)(A) amended, (HB 17-1093), ch. 57, p. 180, � 1, effective September 1. L. 2020: (1)(w) added, (SB 20-211), ch. 140, p. 610, � 3, effective June 29. L. 2021: (1)(w)(I) amended, (SB 21-002), ch. 7, p. 45, � 2, effective January 21; (1)(r) amended, (SB21-173), ch. 349, p. 2265, � 5, effective October 1. L. 2022: (1)(e), (1)(g), (1)(i), (1)(j)(I), (1)(j)(II)(A), (1)(o), (1)(s), (1)(u), (1)(v), (1)(w), and (3) amended and (1)(x), (1)(y), (1)(z), and (6) added, (SB 22-086), ch. 74, p. 377, � 6, effective April 7.
Cross references: (1) For specific exemptions for cemetery company
property, see � 7-47-106; for workers' compensation benefits, see � 8-42-124; for employment security benefits, see � 8-80-103; for delinquent insurance company assets, see � 10-3-556; for group life insurance proceeds, see � 10-7-205; for fraternal benefit society insurance benefits, see � 10-14-403; for constitutional state officers' fees or salaries, see � 13-61-101; for family allowance from estate, see � 15-11-403; for public assistance payments, see � 26-2-131; for homestead exemptions, see part 2 of article 41 of title 38.
(2) For the legislative declaration contained in the 2007 act amending
subsections (1)(b), (1)(g), (1)(i), (1)(j), (1)(o), and (1)(u) and enacting subsections (1)(v) and (5), see section 1 of chapter 226, Session Laws of Colorado 2007. For the legislative declaration in SB 20-211, see section 1 of chapter 140, Session Laws of Colorado 2020. For the legislative declaration in SB 22-086, see section 1 of chapter 74, Session Laws of Colorado 2022.
C.R.S. § 13-55-110
13-55-110. Appeals. Appellate review may be had from the final order or judgment entered in pursuance of this article as in other cases.
Source: L. 35: p. 248, � 10. CSA: C. 93, � 39. CRS 53: � 77-4-10. C.R.S. 1963:
� 77-4-10.
ARTICLE 56
Levy and Sale - Real Estate
Cross references: For prohibition against execution and levy, see � 15-12-812.
PART 1
CERTIFICATES OF LEVY
C.R.S. § 13-56-101
13-56-101. Certificate of levy - notice. When in any case a writ of attachment or a writ of execution is issued from any district or county court and a levy thereunder is made upon real estate, it is the duty of the sheriff or officer making the levy to file a certificate of such fact with the recorder of the county where such real estate is situate, and, from and after the filing, such levy shall take effect as to creditors and bona fide purchasers without notice and not before.
Source: L. 19: p. 295, � 1. C.L. � 5932. CSA: C. 93, � 40. CRS 53: � 77-5-1.
C.R.S. 1963: � 77-5-1.
C.R.S. § 13-56-102
13-56-102. Writs from other county. Writs of attachment and writs of execution may issue from any district or county court of any county to the sheriff or other proper officer of such county or any other county, and, when in such cases a levy is made upon real estate in such other county, it is the duty of the sheriff or other officer making such levy to file a certificate of such fact with the recorder of his county, and, from and after the filing of the same, such levy shall take effect as to creditors and bona fide purchasers without notice and not before.
Source: L. 19: p. 295, � 2. C.L. � 5933. CSA: C. 93, � 41. CRS 53: � 77-5-2.
C.R.S. 1963: � 77-5-2.
C.R.S. § 13-56-103
13-56-103. Lien of six years' duration. The lien of an attachment or execution levied on real estate shall continue for six years from the filing of the certificate thereof, as provided in section 13-56-101, unless the same is sooner released or discharged or unless the judgment in the case is satisfied.
Source: L. 19: p. 295, � 3. C.L. � 5934. CSA: C. 93, � 42. CRS 53: � 77-5-3.
C.R.S. 1963: � 77-5-3.
C.R.S. § 13-57-101
13-57-101. Ten days' notice of sale. No goods or chattels shall be sold by virtue of any execution unless previous notice of such sale has been given for at least ten days successively in the same manner as required in the sale of real estate upon execution.
Source: R.S. p. 379, � 29. G.L. � 1430. G.S. � 1862. R.S. 08: � 3649. C.L. �
-
CSA: C. 93, � 57. CRS 53: � 77-7-1. C.R.S. 1963: � 77-7-1.
Cross references: For procedure for sale of real estate upon execution, see � 13-56-201.
C.R.S. § 13-58-105
13-58-105. Administrator to buy on execution. When it is necessary in order to secure the collection of any judgment in favor of any executor or administrator, it is the duty of such executor or administrator to bid for and become the purchaser of real estate at a sheriff's sale, which real estate so purchased shall be assets in his hands and may be again sold by him upon the order of the court of probate, and the moneys arising from such sale shall be paid over and accounted for as other moneys in his hands.
Source: R.S. p. 382, � 42. G.L. � 1443. G.S. � 1874. R.S. 08: � 3663. C.L. �
- CSA: C. 93, � 71. CRS 53: � 77-8-5. C.R.S. 1963: � 77-8-5.
ARTICLE 59
Execution Against the Body
C.R.S. § 13-60-101
13-60-101. Levy to pay judgment against municipality - procedure. (1) When a judgment for the payment of money is given and rendered against any municipal or quasi-municipal corporation of the state, or against any officer thereof, in an action prosecuted by or against him in his official capacity or name of office, such judgment being an obligation of such municipality, and when by reason of vacancy in office or for any other cause the duly constituted tax assessing and collecting officers fail or neglect to provide for the payment of such judgment or fail to make a tax levy to pay such judgment, the judgment creditor may file a transcript of such judgment with the board of county commissioners of the county, and counties if more than one, in which such public corporation is situated. Thereupon, the county commissioners shall levy a tax as provided in subsection (2) of this section upon all the taxable property within the limits of such public corporation for the purpose of making provision for the payment of such judgment, which tax shall be collected by the county treasurer, and, when collected by the county treasurer, it shall be paid over, as fast as collected by him, to the judgment creditor, or his assigns, upon the execution and delivery of proper vouchers therefor.
(2) The power conferred to pay such judgment by special levy of such tax is
in addition to the taxing power given and granted to such public corporation to levy taxes for other purposes. The board of county commissioners shall levy under this section on all taxable property within said municipal or quasi-municipal corporation such taxes as are sufficient to discharge such judgment in the next fiscal year; but in no event shall such annual levy pursuant to this section and section 24-10-113, C.R.S., exceed a total of ten mills for one or more judgments, exclusive of mill levies for other purposes of such public corporation. The board of county commissioners shall continue to levy such taxes not to exceed a total of ten mills annually, exclusive of mill levies for other purposes of such public corporation, but in no event less than ten mills if such judgment will not be discharged by a lesser levy, until such judgment is discharged.
(3) Any taxes levied to pay the last payment upon or to pay any such
judgment shall be valid, whether or not the sum sought to be raised thereby exceeds the sum due on such judgment, principal, and interest. Such excess of the sum required shall not exceed a sum equal to ten percent of such required sum, and no sale of real estate made to make such taxes shall be invalid by reason of such excess if the same is within said specified limit. All levies to pay judgments shall be made as near as possible to raise a sum equal to that due on the judgment to pay for which the tax is levied. Nevertheless, any excess levied, if such excess does not exceed ten percent of the sum due and desired to be paid, shall not invalidate any tax levy upon or tax sale of real or personal estate made to raise, make, or collect the sum due and excess. Any excess collected by the county treasurer remaining in his hands after paying all judgments in full, transcripts thereof having been filed with the county commissioners, shall be paid by him to the treasurer of such public corporation and become part of the general fund of such public corporation. This section shall not prevent said public corporation from paying any judgment from any other funds it may have in its treasury available for that purpose. The provisions of this section shall not apply to counties.
Source: L. 13: p. 388, � 1. C.L. � 5967. CSA: C. 93, � 77. CRS 53: � 77-10-1.
C.R.S. 1963: � 77-10-1. L. 71: p. 1213, � 7.
ARTICLE 61
Garnishment of Public Servants
C.R.S. § 13-8-123
13-8-123. Judgments. The judgments of the juvenile court shall be enforceable in the same manner as judgments of the district court and, when appropriate, may be made liens upon real estate or other property in the manner provided by law for judgments of the district court.
Source: L. 64: p. 443, � 25. C.R.S. 1963: � 37-19-25.
Cross references: For procedures for attachment and duration of a judgment
lien, see � 13-52-102.
C.R.S. § 13-80-105.5
13-80-105.5. Limitation of actions against a real estate appraiser - definitions. (1) Notwithstanding any statutory provision to the contrary, an action against a real estate appraiser or individual performing a real estate appraisal practice must be brought within five years after the date of report.
(2) (a) The limitation set forth in subsection (1) of this section does not apply
to an action against a real estate appraiser or individual performing a real estate appraisal practice if the action is brought by:
(I) A consumer who is an original party to the residential mortgage loan or
residential real estate transaction for which the real estate appraiser or individual performing a real estate appraisal practice completed an appraisal report or performed an appraisal service that forms the basis of the action; or
(II) A mortgage originator who must repurchase a loan from an entity holding
the loan or the mortgage security, and a defect in the completed appraisal report or the appraisal service performed as part of the mortgage origination process forms the basis of the action.
(b) Subsection (2)(a)(I) of this section does not create a new private right of
action.
(3) Notwithstanding any statutory provision to the contrary, an action for
fraud or knowing and intentional misrepresentation brought against a real estate appraiser or an individual performing a real estate appraisal practice must be brought within the time provided in section 13-80-101.
(4) Notwithstanding any statutory provision to the contrary, an action for a
discriminatory housing practice brought against a real estate appraiser or an individual performing a real estate appraisal practice must be brought within the time provided in part 5 of article 34 of title 24 or in applicable federal law.
(5) As used in this section, unless the context otherwise requires:
(a) Date of report means the date when an appraisal report is completed
and transmitted to the client.
(b) Real estate appraisal practice means real estate valuation services
performed by an individual acting as an appraiser, including, but not limited to, appraisal and appraisal review.
Source: L. 2025: Entire section added, (SB 25-035), ch. 319, p. 1670, � 1,
effective August 6.
C.R.S. § 13-9-118
13-9-118. Judgments. The judgments of the probate court shall be enforceable in the same manner as judgments of the district court and may be made liens upon real estate or other property in the manner provided by law for judgments of the district court.
Source: L. 64: p. 449, � 19. C.R.S. 1963: � 37-20-19.
Cross references: For procedures for attachment and duration of a judgment
lien, see � 13-52-102.
C.R.S. § 13-90-109
13-90-109. Estates of deceased persons, infants, and persons who have been declared mentally incompetent. Nothing in this article 90 in any manner affects the laws now existing relating to the settlement of estates of deceased persons, infants, or persons who have been declared mentally incompetent or to the acknowledgment or proof of deeds and other conveyances relating to real estate, in order to entitle the same to be recorded, or to the attestation of the execution of the last wills and testaments or of any other instrument required by law to be attested.
Source: L. 1870: p. 65, � 8. G.L. � 2958. G.S. � 3645. R.S. 08: � 7271. C.L. �
- CSA: C. 177, � 6. CRS 53: � 153-1-9. C.R.S. 1963: � 154-1-9. L. 75: Entire section amended, p. 925, � 20, effective July 1. L. 2017: Entire section amended, (HB 17-1046), ch. 50, p. 157, � 5, effective March 16.
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. § 15-10-201
15-10-201. General definitions. Subject to additional definitions contained in this article 10 and the subsequent articles that are applicable to specific articles, parts, or sections, and unless the context otherwise requires, in this code:
(1) Agent means an attorney in fact under a durable or nondurable power of
attorney, an individual authorized to make decisions concerning another's health care, and an individual authorized to make decisions for another under the Colorado Patient Autonomy Act.
(2) Application means a written request to the registrar for an order of
informal probate or appointment under part 3 of article 12 of this title.
(3) Augmented estate means the estate described in sections 15-11-203,
15-11-204, 15-11-205, 15-11-206, 15-11-207, and 15-11-208.
(4) Authenticated means certified, when used in reference to copies of
official documents, and only certification by the official having custody is required.
(5) Beneficiary, as it relates to a trust beneficiary, includes a person who
has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer; as it relates to a charitable trust, includes any person entitled to enforce the trust; as it relates to a beneficiary of a beneficiary designation, includes a beneficiary of an insurance or annuity policy, of an account with payment on death (POD) designation, of a security registered in beneficiary form (TOD), or of a pension, profit sharing, retirement, or similar benefit plan, or other nonprobate transfer at death; and, as it relates to a beneficiary designated in a governing instrument, includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary designation, a donee, appointee, or taker in default of a power of appointment, and a person in whose favor a power of attorney or a power held in any individual, fiduciary, or representative capacity is exercised.
(6) Beneficiary designation means a governing instrument naming a
beneficiary of an insurance or annuity policy, of an account with POD designation, of a security registered in the beneficiary form (TOD), or of a pension, profit sharing, retirement, or similar benefit plan, or other nonprobate transfer at death.
(6.5) Business trust includes, but is not limited to, Massachusetts business
trusts created for business or investment purposes; Delaware statutory trusts; Illinois land trusts; mutual fund trusts; common trust funds; voting trusts; liquidation trusts; real estate investment trusts; environmental remediation trusts; trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, compensation, annuities, profits, pensions, or employee benefits of any kind; and other trusts with purposes that are the same or similar to any of the trusts enumerated in this subsection (6.5), regardless of whether such other trusts are created under statutory or common law, and regardless of whether the beneficial interests in such other trusts are evidenced by certificates.
(7) Child includes an individual entitled to take as a child under this code
by intestate succession from the parent whose relationship is involved and excludes a person who is only a stepchild, a foster child, a grandchild, or any more remote descendant.
(8) Claims, in respect to the estates of decedents and protected persons,
includes liabilities of the decedent or protected person whether arising in contract, in tort, or otherwise, and liabilities of the estate which arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration. The term does not include estate or inheritance taxes, or taxes due the state of Colorado, or demands or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate.
(9) Conservator means a person who is appointed by a court to manage the
estate of a protected person.
(10) Court means the court or division thereof having jurisdiction in matters
relating to the affairs of decedents and protected persons. This court is the district court, except in the city and county of Denver where it is the probate court.
(11) Descendant means all of the individual's lineal descendants of all
generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this code.
(12) Devise, when used as a noun, means a testamentary disposition of real
or personal property and, when used as a verb, means to dispose of real or personal property by will.
(13) Devisee means a person designated in a will to receive a devise. For
the purposes of article 12 of this title, in the case of a devise to an existing trust or trustee, or to a trustee in trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.
(14) Disability means cause for a protective order as described in section
15-14-401.
(15) Distributee means any person who has received property of a
decedent from his or her personal representative other than as a creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his or her hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For the purposes of this provision, testamentary trustee includes a trustee to whom assets are transferred by will, to the extent of the devised assets.
(16) Divorce includes a dissolution of marriage, and annulment includes a
declaration of invalidity, as such terms are used in the Uniform Dissolution of Marriage Act, article 10 of title 14, C.R.S.
(16.5) Domiciliary foreign personal representative means a personal
representative appointed by another jurisdiction in which the decedent was domiciled at the time of the decedent's death.
(16.7) Donee, as used in the context of powers of appointment, has the
same meaning as powerholder as set forth in section 15-2.5-102 (13).
(17) Estate means the property of the decedent, trust, or other person
whose affairs are subject to this code as originally constituted and as it exists from time to time during administration.
(18) Exempt property means that property of a decedent's estate which is
described in section 15-11-403.
(19) Fiduciary includes a personal representative, guardian, conservator,
and trustee.
(20) Foreign personal representative means a personal representative
appointed by another jurisdiction.
(21) Formal proceedings means proceedings conducted before a judge
with notice to interested persons.
(22) Governing instrument means a deed, will, trust, insurance or annuity
policy, multiple-party account, security registered in beneficiary form (TOD), pension, profit sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or power of attorney, or a donative, appointive, or nominative instrument of any other type.
(23) Guardian means a person who has qualified as a guardian of a minor or
incapacitated person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem.
(24) Heirs, except as controlled by section 15-11-711, means persons,
including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(25) Incapacitated person means an individual described in section 15-14-102 (5).
(26) Informal proceedings means those conducted without notice to
interested persons by an officer of the court acting as a registrar for probate of a will, appointment of a personal representative, or determination of a guardian under sections 15-14-202 and 15-14-301.
(27) Interested person includes heirs, devisees, children, spouses,
creditors, beneficiaries, trust directors, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person, which may be affected by the proceeding. It also includes persons having priority for an appointment as a personal representative and other fiduciaries representing the interested person. The meaning as it relates to particular persons may vary from time to time and is determined according to the particular purposes of, and matter involved in, any proceeding.
(28) Issue of a person means descendant as defined in subsection (11) of
this section.
(29) Joint tenants with right of survivorship and community property with
the right of survivorship for the purposes of this code only includes co-owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others, but excludes forms of co-ownership registration in which the underlying ownership of each party is in proportion to that party's contribution.
(30) Lease includes an oil, gas, or other mineral lease.
(31) Letters includes letters testamentary, letters of guardianship, letters
of administration, and letters of conservatorship.
(32) Minor means a person who is under eighteen years of age.
(33) Mortgage means any conveyance, agreement, or arrangement in
which the property is used as security.
(34) Nonresident decedent means a decedent who was domiciled in
another jurisdiction at the time of his or her death.
(35) Organization means a corporation, business trust, estate, trust,
partnership, joint venture, limited liability company, association, government or governmental subdivision or agency, or any other legal or commercial entity.
(36) Parent includes any person entitled to take, or who would be entitled
to take if the child died without a will, as a parent under this code by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent.
(37) Payer means a trustee, insurer, business entity, employer,
government, governmental agency or subdivision, or any other person authorized or obligated by law or a governing instrument to make payments.
(38) Person means an individual or an organization.
(39) Personal representative includes executor, administrator, successor
personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. General personal representative excludes special administrator.
(40) Petition means a written request to the court for an order after notice.
(41) Proceeding includes action at law and suit in equity.
(42) Property means both real and personal property or any interest
therein and anything that may be the subject of ownership.
(43) Protected person has the same meaning as set forth in section 15-14-102 (11).
(44) Protective proceeding has the same meaning as used in section 15-14-401.
(44.5) 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.
(45) Registrar refers to the official of the court designated to perform the
functions of registrar as provided in section 15-10-307.
(46) Security includes any note; stock; treasury stock; bond; debenture;
evidence of indebtedness; certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease; collateral trust certificate; transferable share; voting trust certificate; or, in general, any interest or instrument commonly known as security; any certificate of interest or participation; any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the items enumerated in this subsection (46).
(47) Settlement, in reference to a decedent's estate, means the full
process of administration, distribution, and closing.
(47.5) Sign means, with present intent to authenticate or adopt a record
other than a will:
(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.
(48) Special administrator means a personal representative as described
by sections 15-12-614 to 15-12-618.
(49) State means any state of the United States, the District of Columbia,
the commonwealth of Puerto Rico, and any territory or insular possession subject to the jurisdiction of the United States.
(50) Successor personal representative means a personal representative,
other than a special administrator, who is appointed to succeed a previously appointed personal representative.
(51) Successors means persons other than creditors, who are entitled to
property of a decedent under his or her will or this code.
(52) Supervised administration means the proceedings described in part 5
of article 12 of this title.
(53) Survive means that an individual has neither predeceased an event,
including the death of another individual, nor is deemed to have predeceased an event under section 15-11-104, 15-11-702, or 15-11-712. The term includes its derivatives, such as survives, survived, survivor, and surviving.
(54) Testacy proceeding means a proceeding to establish a will or
determine intestacy.
(55) Testator includes an individual of either sex.
(56) (a) Except as provided in paragraph (b) of this subsection (56):
(I) Trust includes an express trust, private or charitable, with additions
thereto, wherever and however created and any amendments to such trusts.
(II) Trust also includes a trust created or determined by judgment or
decree under which the trust is to be administered in the manner of an express trust.
(b) (I) Trust excludes constructive trusts unless a court, in determining
such a trust, provides that the trust is to be administered as an express trust.
(II) Trust also excludes resulting trusts; conservatorships; personal
representatives; accounts as defined in section 15-15-201 (1); custodial arrangements pursuant to the Colorado Uniform Transfers to Minors Act, article 50 of title 11, C.R.S.; security arrangements; business trusts, as defined in subsection (6.5) of this section; and any arrangement under which a person is nominee or escrowee for another.
(57) Trustee includes an original, additional, or successor trustee, whether
or not appointed or confirmed by court.
(58) Ward means an individual described in section 15-14-102 (15).
(59) Will includes any codicil and any 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. Will does not include a designated beneficiary agreement that is executed pursuant to article 22 of this title.
Source: L. 73: R&RE, p. 1541, � 1. C.R.S. 1963: � 153-1-201. L. 74: (27)
amended, p. 422, � 74, effective April 11. L. 75: (1) amended, p. 589, � 9, effective July 1. L. 84: (48) amended, p. 394, � 6, effective July 1. L. 90: (48) amended, p. 921, � 5, effective July 1. L. 94: Entire section R&RE, p. 970, � 2, effective July 1, 1995. L. 95: (11) amended, p. 362, � 16, effective July 1. L. 2000: (25), (26), (43), (44), and (58) amended, p. 1833, � 8, effective January 1, 2001. L. 2006: (16.5) added, p. 391, � 24, effective July 1. L. 2009: (44.5) and (47.5) added, (HB 09-1287), ch. 310, p. 1671, � 2, effective July 1, 2010. L. 2010: (59) amended, (SB 10-199), ch. 374, p. 1748, � 3, effective July 1. L. 2013: IP and (56) amended and (6.5) added, (SB 13-077), ch. 190, p. 778, � 13, effective August 7. L. 2014: (3) amended, (HB 14-1322), ch. 296, p. 1240, � 14, effective August 6; (16.7) added, (HB 14-1353), ch. 209, p. 782, � 4, effective July 1, 2015. L. 2019: IP and (27) amended, (SB 19-105), ch. 51, p. 175, � 9, effective August 2.
Editor's note: This section was repealed and reenacted in 1994, resulting in
the relocation of provisions. For a detailed comparison of this section for 1994, see the comparative tables located in the back of the index.
Cross references: For age of competence, see � 13-22-101; for the Colorado
Uniform Transfers to Minors Act, see article 50 of title 11. For provisions relating to the time of taking effect or the provisions for transition of this code, see � 15-17-101.
PART 3
SCOPE, JURISDICTION, AND COURTS
C.R.S. § 15-12-604
15-12-604. Bond amount - security - procedure - reduction. If bond is required and the provisions of the will or order do not specify the amount, unless stated in his application or petition, the person qualifying shall file a statement under oath with the registrar indicating his best estimate of the value of the personal estate of the decedent and of the income expected from the personal and real estate during the next year, and he shall execute and file a bond with the registrar, or give other suitable security, in an amount not less than the estimate. The registrar shall determine that the bond is duly executed by a corporate surety, or one or more individual sureties whose performance is secured by pledge of personal property, mortgage on real property, or other adequate security. If the personal representative be a company or association with capital and surplus at least equal to that required by law of a corporate surety, the registrar may excuse a requirement of bond. The registrar may permit the amount of the bond to be reduced by the value of assets of the estate deposited with a domestic financial institution (as defined in section 15-15-201) whose deposits are insured to the satisfaction of the court in a manner that prevents their unauthorized disposition. On petition of the personal representative or another interested person, the court may excuse a requirement of bond, increase or reduce the amount of the bond, release sureties, or permit the substitution of another bond with the same or different sureties.
Source: L. 73: R&RE, p. 1580, � 1. C.R.S. 1963: � 153-3-604. L. 90: Entire
section amended, p. 921, � 6, effective July 1.
C.R.S. § 15-14-500.3
15-14-500.3. Legislative declaration. (1) The general assembly hereby recognizes that each adult individual has the right as a principal to appoint an agent to deal with property or make personal decisions for the individual, but that this right cannot be fully effective unless the principal may empower the agent to act throughout the principal's lifetime, including during periods of disability, and be sure that any third party will honor the agent's authority at all times.
(2) The general assembly hereby finds, determines, and declares that:
(a) In light of modern financial needs, the statutory recognition of the right of
delegation in Colorado must be restated, among other things, to expand its application and the permissible scope of the agent's authority, to clarify the power of the individual to authorize an agent to make financial decisions for the individual, and to better protect any third party who relies in good faith on the agent so that reliance will be assured.
(b) The public interest requires a standard form for certification of agency
that any third party may use to assure that an agent's authority under an agency has not been altered or terminated.
(3) The general assembly hereby finds, determines, and declares that
nothing in this part 5 or part 6 or 7 of this article shall be deemed to authorize or encourage any course of action that violates the criminal laws of this state or the United States. Similarly, nothing in this part 5 or part 6 or 7 of this article shall be deemed to authorize or encourage any violation of any civil right expressed in the constitution, statutes, case law, or administrative rulings of this state or the United States or any course of action that violates the public policy expressed in the constitution, statutes, case law, or administrative rulings of this state or the United States.
(4) The general assembly hereby recognizes each adult's constitutional right
to accept or reject medical treatment, artificial nourishment, and hydration and the right to create advanced medical directives and to appoint an agent to make health-care decisions under a medical durable power of attorney. The Colorado Patient Autonomy Act, sections 15-14-503 to 15-14-509, is intended to assist the exercise of such rights.
(5) In the event of a conflict between the provisions of part 7 of this article
and the Colorado Patient Autonomy Act or between the provisions of powers of attorney prepared pursuant to part 7 of this article and the Colorado Patient Autonomy Act, the provisions of the Colorado Patient Autonomy Act or provisions of powers of attorney prepared pursuant to the Colorado Patient Autonomy Act shall prevail.
(6) Parts 6 and 7 of this article 14 do not abridge the right of any person to
enter into a verbal principal and agent relationship. A brokerage relationship between a real estate broker and a seller, landlord, buyer, or tenant in a real estate transaction established pursuant to part 4 of article 10 of title 12 shall be governed by the provisions of part 4 of article 10 of title 12 and not by parts 6 and 7 of this article 14.
(7) Parts 6 and 7 of this article do not create any power or right in an agent
that the agent's principal does not hold or possess and does not abridge contracts existing between principals and third parties.
Source: L. 2009: Entire section added with relocations, (HB 09-1198), ch. 106,
p. 420, � 5, effective January 1, 2010. L. 2019: (6) amended, (HB 19-1172), ch. 136, p. 1670, � 80, effective October 1.
Editor's note: This section is similar to former � 15-14-601 as it existed prior
to 2010.
C.R.S. § 15-14-502
15-14-502. Other powers of attorney not revoked until notice of death or disability. (1) The death, disability, or incompetence of any principal who has executed a power of attorney in writing, other than a power as described by section 15-14-501, does not revoke or terminate the agency as to the attorney-in-fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his heirs, devisees, and personal representatives.
(2) An affidavit, executed by the attorney-in-fact or agent, stating that he did
not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death, disability, or incompetence is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when authenticated for record is likewise recordable.
(3) This section shall not be construed to alter or affect any provision for
revocation or termination contained in the power of attorney.
(4) All powers of attorney executed for real estate and other purposes,
pursuant to law, shall be deemed valid until revoked as provided in the terms of the power of attorney or as provided by law.
Source: L. 73: R&RE, p. 1634, � 1. C.R.S. 1963: � 153-5-502. L. 75: (1) and (2)
amended, p. 603, � 52, effective July 1. L. 85: (4) added, p. 566, � 13, effective July 1.
C.R.S. § 15-14-731
15-14-731. Banks and other financial institutions. (1) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
(a) Continue, modify, and terminate an account or other banking
arrangement made by or on behalf of the principal;
(b) Establish, modify, and terminate an account or other banking
arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
(c) Contract for services available from a financial institution, including
renting a safe deposit box or space in a vault;
(d) Withdraw, by check, order, electronic funds transfer, or otherwise, money
or property of the principal deposited with or left in the custody of a financial institution;
(e) Receive statements of account, vouchers, notices, and similar documents
from a financial institution and act with respect to them;
(f) Enter a safe deposit box or vault and withdraw or add to the contents;
(g) Borrow money and pledge as security personal property of the principal
necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(h) Make, assign, draw, endorse, discount, guarantee, and negotiate
promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order; transfer money; receive the cash or other proceeds of those transactions; and accept a draft drawn by a person upon the principal and pay it when due;
(i) Receive for the principal and act upon a sight draft, warehouse receipt, or
other document of title whether tangible or electronic or other negotiable or nonnegotiable instrument;
(j) Apply for, receive, and use letters of credit, credit and debit cards,
electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(k) Consent to an extension of the time of payment with respect to
commercial paper or a financial transaction with a financial institution.
Source: L. 2009: Entire part added, (HB 09-1198), ch. 106, p. 401, � 1, effective
April 9.
C.R.S. § 15-15-103
15-15-103. Liability of nonprobate transferees for creditor claims and statutory allowances. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), as used in this section, nonprobate transfer means a valid transfer effective at death by a transferor whose last domicile was in this state to the extent that the transferor immediately before death had power, acting alone, to prevent the transfer by revocation or withdrawal and instead to use the property for the benefit of the transferor or apply it to discharge claims against the transferor's probate estate.
(b) This section shall not apply to:
(I) A survivorship interest in joint tenancy real estate; and
(II) Property transferred by the exercise or default in the exercise of a power
of appointment, including a power of withdrawal, created by a person other than the transferor; and
(III) Proceeds transferred pursuant to a beneficiary designation under a life
insurance, accident insurance, or annuity policy contract; and
(IV) Property or funds held in or payable from a pension or retirement plan,
individual retirement account, deferred compensation plan, internal revenue code section 529 plan, or other similar arrangement.
(2) Except as otherwise provided by paragraph (b) of subsection (1) of this
section, a transferee of a nonprobate transfer is subject to liability to any probate estate of the decedent for allowed claims against the decedent's probate estate and statutory allowances to the decedent's spouse and children to the extent the estate is insufficient to satisfy those claims and allowances. The liability of a nonprobate transferee may not exceed the value of nonprobate transfers received or controlled by that transferee.
(3) Nonprobate transferees are liable for the insufficiency described in
subsection (2) of this section in the following order of priority:
(a) A transferee designated in the decedent's will or any other governing
instrument, as provided in the instrument;
(b) The trustee of a trust serving as the principal nonprobate instrument in
the decedent's estate plan as shown by its designation as devisee of the decedent's residuary estate or by other acts or circumstances, to the extent of the value of the nonprobate transfer received or controlled;
(c) Other nonprobate transferees, in proportion to the values received.
(4) Unless otherwise provided by the trust instrument, interests of
beneficiaries in all trusts incurring liabilities under this section abate as necessary to satisfy the liability, as if all of the trust instruments were a single will and the interests were devisees under that will.
(5) A provision made in one instrument may direct the apportionment of the
liability among the nonprobate transferees taking under that or any other governing instrument. If a provision in one instrument conflicts with a provision in another instrument, the provision of the later instrument shall prevail.
(6) Upon due notice to a nonprobate transferee, the liability imposed by this
section is enforceable in proceedings in this state, whether or not the transferee is located in this state.
(7) A proceeding under this section may not be commenced unless the
personal representative of the decedent's estate has received a written demand for the proceeding from the decedent's surviving spouse or a child of the decedent, to the extent that statutory allowances are affected, or a creditor. If the personal representative declines or fails to commence a proceeding after demand, a person making demand may commence the proceeding in the name of the decedent's estate, at the expense of the person making the demand and not of the estate. A personal representative who declines in good faith to commence a requested proceeding incurs no personal liability for declining.
(8) A proceeding under this section shall be commenced within one year
after the decedent's death, but a proceeding on behalf of a creditor whose claim was allowed after proceedings challenging disallowance of the claim may be commenced within sixty-three days after final allowance of the claim.
(9) Unless a written notice asserting that a decedent's probate estate is
nonexistent or insufficient to pay allowed claims and statutory allowances has been received from the decedent's personal representative, the following rules apply:
(a) Payment or delivery of assets by a financial institution, registrar, or other
obligor to a nonprobate transferee in accordance with the terms of the governing instrument controlling the transfer releases the obligor from all claims for amounts paid or assets delivered.
(b) A trustee receiving or controlling a nonprobate transfer is released from
liability under this section with respect to any assets distributed to the trust's beneficiaries. Each beneficiary, to the extent of the distribution received, becomes liable for the amount of the trustee's liability attributable to assets received by the beneficiary.
(10) The receipt of funds derived from nonprobate transferees by a person as
provided in this section in satisfaction of such person's claim for a debt or statutory allowances does not constitute the receipt of nonprobate property by such person for purposes of this section or part 2 of article 11 of this title.
(11) In the event of any conflict in the provisions of this section with the
provisions of parts 2 and 4 of article 11 of this title, the provisions of this section shall control.
Source: L. 2006: Entire section added, p. 388, � 17, effective July 1. L. 2012:
(8) amended, (SB 12-175), ch. 208, p. 841, � 55, effective July 1.
PART 2
MULTIPLE-PERSON ACCOUNTS
SUBPART 1
DEFINITIONS AND GENERAL PROVISIONS
C.R.S. § 15-15-301
15-15-301. Definitions. In this part 3:
(1) Beneficiary form means a registration of a security which indicates the
present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
(2) Register, including its derivatives, means to issue a certificate showing
the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account, including but not limited to an account held on the books of the registering entity, showing ownership of securities.
(3) Registering entity means a person who originates or transfers a
security title by registration, and includes a broker, bank, or trust company maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(4) Security means a share, participation, or other interest in property, in a
business, or in an obligation of an enterprise or other issuer, and includes a certificated security, an uncertificated security, and a security account.
(5) Security account means (i) a reinvestment account associated with a
security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death; (ii) an investment management or custody account with a trust company or a trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, and cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death; or (iii) a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death.
Source: L. 90: Entire article R&RE, p. 917, � 1, effective July 1. L. 2003: (2) and
(3) amended, p. 2111, � 5, effective May 22. L. 2004: (5) amended, p. 1535, � 2, effective August 4.
C.R.S. § 16-18-106
16-18-106. Electronic discovery in criminal cases task force - creation - purpose - membership - report - repeal. (1) There is created the electronic discovery in criminal cases task force, referred to in this section as the task force.
(2) The purpose of the task force is to study the costs and management of
electronic discovery in criminal cases.
(3) The task force consists of the following members:
(a) The executive director of the Colorado district attorneys' council, or the
director's designee, who is the chair of the task force;
(b) An attorney employed by the office of state public defender, who is the
vice-chair of the task force and is appointed by the state public defender;
(c) An attorney employed by, or under contract with, the office of alternate
defense counsel, appointed by the office of alternate defense counsel;
(d) An attorney within the antitrust unit of the attorney general's office,
appointed by the attorney general;
(e) One information technology professional employed by the Colorado
district attorneys' council, and one district attorney who has knowledge of electronic discovery, appointed by the executive director of the Colorado district attorneys' council;
(f) An information technology professional employed by the office of state
public defender, appointed by the state public defender;
(g) One employee of a sheriff's office who has knowledge of electronic
discovery, appointed by the executive director of the county sheriffs of Colorado;
(h) An employee of a police department who has knowledge of electronic
discovery, appointed by the Colorado association of the chiefs of police;
(i) An employee of the Colorado state patrol who has knowledge of
electronic discovery, appointed by the chief of the Colorado state patrol; and
(j) A county commissioner who has knowledge of local electronic discovery
costs and local contracts related to electronic discovery, appointed by Colorado Counties, Incorporated.
(4) (a) The appointing authorities shall appoint members to the task force
within thirty days after April 28, 2025, and promptly notify the executive director of the Colorado district attorneys' council of the appointment.
(b) The members appointed to the task force serve for the duration of the
task force.
(c) Any vacancy occurring in the membership of the task force must be filled
in the same manner as the original appointment.
(d) The members of the task force serve on the task force without
compensation.
(5) The task force shall:
(a) Hold its first meeting on or before July 1, 2025, at a time and place
determined by the chair of the task force;
(b) Meet at least once every month or more often, as directed by the chair of
the task force;
(c) Communicate with and obtain input from law enforcement agencies,
prosecutors, and defense attorneys throughout the state affected by the issues identified in subsection (6) of this section; and
(d) Create subcommittees, as needed, to carry out the duties of the task
force. The subcommittees may consist, in part, of persons who are not members of the task force and who may vote on issues before the subcommittee but who are not entitled to a vote at task force meetings.
(6) The task force shall examine and gather information regarding the
following:
(a) The current contracts in place between a law enforcement agency, a
district attorney's office, the office of the attorney general, the office of state public defender, the office of alternate defense counsel, or, if available, private criminal defense attorneys and a vendor for electronic discovery services and information technology services, and include the following information regarding each contract:
(I) The length and expiration date of the contract;
(II) The cost of the contract;
(III) The terms, contracted services, licensing requirements, and any other
key component of the contract; and
(IV) The expected future costs of the contract, if known;
(b) The amount and type of information placed into electronic discovery,
including:
(I) The number, size, and type of files placed into the statewide electronic
discovery portal that can be fully downloaded, accessed, or utilized through the electronic discovery portal;
(II) The number, size, and type of files that require prosecution and defense
to use an outside vendor or website to fully download, access, or utilize the electronic discovery documents; and
(III) The number, size, and type of files that are placed on physical
information technology devices such as flash drives, external hard drives, or physical copies in order for prosecution and defense to access and utilize the electronic discovery documents;
(c) The extent to which prosecutors, public defenders, alternate defense
counsel attorneys, private defense attorneys, and pro se defendants have equitable access and the ability to review and utilize electronic discovery documents compared to other prosecutors, public defenders, alternate defense counsel attorneys, private defense attorneys, and pro se defendants, including:
(I) The time it takes to download information to view;
(II) The ability to search discovery documents electronically;
(III) The ability to see automated transcriptions, use artificial intelligence to
generate transcriptions, or use any other tools to expedite review of discovery documents; and
(IV) The ability to identify which officer the body camera footage is from or
the ability to identify where another source of video footage was taken from;
(d) How the amount and type of information placed into electronic discovery
has changed since the creation of the statewide electronic discovery portal and, to the extent known, how electronic discovery is projected to change over the next ten years;
(e) The feasibility of creating a system that would make the electronic
discovery process more efficient and equitable, avoid or minimize the need for outside vendors, and better control costs;
(f) The possible coordination of law enforcement agencies, prosecuting
agencies, the office of state public defender, the office of alternate defense counsel, and private defense attorney contracts to make the electronic discovery process more efficient and equitable, avoid or minimize the need for outside vendors, and better control costs;
(g) The expected costs to the state, county, and local governments if
changes are not made to the electronic discovery process over the next ten years; and
(h) Recommendations, including possible legislation, that would assist in:
(I) Controlling the cost of electronic discovery, including what contract or
statutory changes are needed to allow for coordinated contract negotiation and payment to vendors by the state and local governments;
(II) Ensuring the flow of electronic discovery from one entity to another;
(III) Work efficiency, including saving time for employees who create or use
electronic discovery;
(IV) Providing equitable access to and use of electronic discovery while
protecting the work product and mental processes of prosecution and defense; and
(V) Considering procedural changes to existing statutes; Colorado rules of
criminal procedure; or practices related to the discovery obligations of prosecution, defense, and law enforcement agencies to improve discovery compliance and processes.
(7) (a) Law enforcement agencies, district attorneys' offices, the office of the
attorney general, the office of state public defender, and the office of alternate defense counsel shall share information requested by the task force regarding contracts, vendors, the electronic discovery process, and costs but shall not share information that would violate state or federal laws, regulations, or rules or that would violate the rights of a person involved in a criminal case.
(b) The entities specified in subsection (7)(a) of this section shall respond to
requests from the task force for information pursuant to subsection (7)(a) of this section in good faith and provide information within a reasonable time.
(8) On or before November 1, 2025, the task force shall submit a report to
the joint budget committee and the joint technology committee that, at a minimum, describes the following:
(a) The work and study of the task force;
(b) The findings and recommendations regarding the issues and topics
considered by the task force as described in subsection (6) of this section; and
(c) Legislative proposals and expected related costs based on the task
force's findings and recommendations.
(9) This section is repealed, effective January 1, 2027.
Source: L. 2025: Entire section added, (SB 25-240), ch. 143, p. 538, � 1,
effective April 28.
ARTICLE 18.5
Restitution in Criminal Actions
Law reviews: For article, Restitution in Criminal Cases, see 30 Colo. Law.
125 (Oct. 2001).
16-18.5-101. Legislative declaration. (Repealed)
Source: L. 2000: Entire article added, p. 1030, � 1, effective September 1. L.
2002: Entire section repealed, p. 1463, � 3, effective October 1.
Editor's note: In 2002, this section was relocated to � 18-1.3-601.
Cross references: For the legislative declaration contained in the 2002 act
repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
16-18.5-102. Definitions. (Repealed)
Source: L. 2000: Entire article added, p. 1031, � 1, effective September 1. L.
2002: Entire section repealed, p. 1463, � 3, effective October 1.
Editor's note: In 2002, this section was relocated to � 18-1.3-602.
Cross references: For the legislative declaration contained in the 2002 act
repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
16-18.5-103. Assessment of restitution - corrective orders. (Repealed)
Source: L. 2000: Entire article added, p. 1032, � 1, effective September 1. L.
2002: (7) added, p. 422, � 4, effective July 1; entire section repealed, p. 1463, � 3, effective October 1.
Editor's note: House Bill 02-1258 enacted subsection (7). This section as
amended by House Bill 02-1258 was subsequently harmonized with House Bill 02-1046 and relocated to section 18-1.3-603.
Cross references: For the legislative declaration contained in the 2002 act
repealing this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
16-18.5-104. Initial collections investigation - payment schedule. (1) Orders
for restitution shall be due and payable at the time that the order of conviction is entered. Unless the defendant is sentenced to the custody of the executive director of the department of corrections, if at the time that the court enters an order for restitution pursuant to section 18-1.3-603, C.R.S., the defendant alleges that he or she cannot pay the full amount of restitution, the court shall direct that the defendant report immediately to the collections investigator.
(2) The time payment fee established in section 16-11-101.6 shall be assessed,
and the associated provisions of section 16-11-101.6 shall apply to cases in which restitution is not paid in full on the date that it is imposed. The fee shall be collected from the defendant after the defendant has satisfied all orders for restitution. All payments for the time payment fee shall be credited to the judicial collection enhancement fund created in section 16-11-101.6 (2). In addition, reasonable costs incurred and collected by the state for restitution shall be credited to the fund.
(3) (a) Upon referral of a defendant pursuant to subsection (2) of this section,
the collections investigator shall conduct an investigation into the financial ability of the defendant to pay the restitution ordered by the court. Such investigation may consist of but is not limited to:
(I) Submission of written financial affidavits or disclosures of the defendant's
personal, household, and business income, assets, and liabilities;
(II) Submission to an oral examination of the defendant's financial
circumstances;
(III) Submission of books, papers, documents, or other tangible things related
to the defendant's financial circumstances including but not limited to:
(A) Payroll stubs;
(B) Financial institution account statements;
(C) Stock certificates;
(D) Deeds, titles, or other evidence of ownership;
(E) State and federal tax records; and
(F) Insurance policies and statements;
(IV) Research and verification of all oral and written statements made by the
defendant.
(b) In the case of a juvenile defendant, the collections investigator may
conduct the investigation into the juvenile's parents' or legal guardian's financial circumstances as well as the juvenile's.
(c) For purposes of conducting the investigation required by this subsection
(3), the collections investigator shall have access to data maintained by other state agencies including but not limited to wage data, employment data, and income tax data. The judicial department and any other departments are authorized to enter into agreements for the sharing of such data.
(d) Notwithstanding the provisions of article 72 of title 24, C.R.S., documents
and information obtained by the collections investigators pursuant to this subsection (3) shall not be public records, but shall be open to public inspection only upon an order of the court based on a finding of good cause. Documents and information obtained by the collection investigators may be made available to the victim and to any private collection agency or third party with whom the judicial department may contract for the collection of past due restitution. In addition, if any warrant is issued for the arrest of any defendant due to nonpayment of restitution, information concerning the defendant's address and place of employment may be shared with a criminal justice agency.
(4) (a) (I) Following the investigation described in subsection (3) of this
section, the collections investigator shall establish a payment schedule and direct that the defendant:
(A) Pay the full amount ordered immediately;
(B) Pay the full amount ordered as a single payment on a specified date; or
(C) Pay the full amount ordered in specified partial amounts on specified
dates.
(II) The collections investigator may ask the court to enter the payment
schedule as an order of court.
(b) In addition to the payments required by paragraph (a) of this subsection
(4), the collections investigator may direct that:
(I) If the defendant is unemployed, the defendant seek gainful employment
and report to the investigator on such efforts by a specified date;
(II) The defendant shall not incur additional debt or financial obligation
without the approval of the collections investigator, which approval shall not be unreasonably withheld; or
(III) The defendant promptly report to the collections investigator any
changes in income, assets, or other financial circumstances.
(5) Following the investigation required by subsection (3) of this section, the
collections investigator may also:
(a) (I) Record a transcript of the order for restitution in the real estate
records in the office of the clerk and recorder of any county in which the defendant holds an interest in real property. From the time of the recording of the transcript, there shall be a lien that is an encumbrance in favor of the state or the victim, or an assignee of the state or the victim, and shall encumber any interest of the defendant in real property in such county.
(II) (A) The lien created by this paragraph (a) shall remain in effect until all
amounts of restitution, including interest, costs, time payment fees, and late fees are paid or for a period of twenty years after the recording of the transcript. So long as there is an amount still owing, the collections investigator or the victim or the assignee of the state or the victim may record a new transcript of the order of restitution. Any transcript of the order for restitution recorded pursuant to this subparagraph (II) prior to the expiration of the twenty-year period shall relate back to the date of the recording of the original transcript of the order for restitution and shall be valid for a period of twenty years after the recording of the subsequent transcript. More than one subsequent transcript shall be permitted.
(B) Within twenty-one days after the payment of all such amounts of
restitution, the collections investigator or the victim, or the assignee of the state or the victim, shall record a certificate of satisfaction of judgment issued by the clerk of the court with each clerk and recorder where a transcript was recorded. The satisfaction of judgment shall be conclusive evidence that the lien was extinguished.
(III) The collections investigator and the victim shall be exempt from the
payment of recording fees charged by the clerk and recorder for the recording of the transcripts and satisfactions of judgment.
(b) (I) File a transcript of the order for restitution with the secretary of state.
From the time of the filing of the transcript, there shall be a lien that is an encumbrance in favor of the state or the victim, or an assignee of the state or the victim, and shall encumber any interest of the defendant in any personal property.
(II) The lien created by this paragraph (b), shall remain in effect without the
necessity of renewal for twelve years or until all amounts of restitution, including interest, costs, time payment fees, and late fees are paid. Within twenty-one days after the payment of all such amounts of restitution, the collections investigator or the victim, or the assignee of the state or the victim, shall file a satisfaction of judgment with the secretary of state. The satisfaction of judgment shall be conclusive evidence that the lien was extinguished.
(III) The collections investigator and the victim shall be exempt from the
payment of filing fees charged by the secretary of state.
(c) (I) File a transcript of the order for restitution with the authorized agent
as defined in section 42-6-102 (1.5). From the time of the filing of the transcript, there shall be a lien that is an encumbrance in favor of the state or the victim, or an assignee of the state or the victim, and shall encumber any interest of the defendant in a motor vehicle. In order for such lien to be effective as a valid lien against a motor vehicle, the state or the victim, or the assignee of the state or the victim, 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.
(II) The lien created by this paragraph (c), 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 amounts of restitution, including interest, costs, time payment fees, and late fees are paid, whichever occurs first. A lien created pursuant to this paragraph (c) may be renewed pursuant to section 42-6-127, C.R.S. Within twenty-one days after the payment of all such amounts of restitution, the collections investigator or the victim or the assignee of the state or the victim shall release the lien pursuant to the procedures specified in section 42-6-125, C.R.S. When a lien created by this paragraph (c) 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.
(III) The collections investigator and the victim shall not be exempt from the
payment of filing fees charged by the authorized agent for the filing of either the transcript of order or the release of lien. However, the state or the victim, or the assignee of the state or the victim, may add the amount of the filing fees to the lien amount and collect the amount from the defendant.
Source: L. 2000: Entire article added, p. 1034, � 1, effective September 1. L.
2002: (1) amended, p. 1499, � 154, effective October 1. L. 2003: (5)(b) amended, p. 1673, � 9, effective July 1. L. 2011: (2) amended, (HB 11-1076), ch. 178, p. 679, � 2, effective July 1. L. 2012: (5)(a)(II)(B), (5)(b)(II), and (5)(c)(II) amended, (SB 12-175), ch. 208, p. 860, � 96, effective July 1. L. 2017: (5)(c)(I) amended, (SB 17-294), ch. 264, p. 1392, � 35, effective May 25.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (1), see section 1 of chapter 318, Session Laws of Colorado 2002.
16-18.5-105. Monitoring - default - penalties. (1) The collections
investigator shall be responsible for monitoring the payments of restitution by any defendant referred to the investigator pursuant to section 16-18.5-104. Based upon changes in the defendant's financial circumstances, the collections investigator may modify the payment schedule established pursuant to section 16-18.5-104 (4). If a payment schedule has been made an order of the court pursuant to section 16-18.5-104 (4)(a)(II), prior to enforcing a new schedule, the collections investigator shall request and obtain a modification of the order.
(2) In addition to any other costs that may accrue, for each payment of
restitution that a defendant fails to make within seven days after the date that the payment is due pursuant to any payment schedule established pursuant to this article, the late penalty fee established in section 16-11-101.6 shall be assessed, and the associated provisions of section 16-11-101.6 may apply. The late fees shall be collected from the defendant after the defendant has satisfied all orders for restitution. All payments for late fees shall be credited to the judicial collection enhancement fund created in section 16-11-101.6 (2).
(3) Whenever a defendant fails to make a payment of restitution within seven
days after the date that the payment is due pursuant to a payment schedule established pursuant to this article, in addition to any other remedy, the collections investigator may:
(a) Conduct an additional financial investigation of the defendant as
described in section 16-18.5-104 (3);
(b) Issue an attachment of earnings requiring that a certain portion of a
defendant's earnings, not to exceed fifty percent, be withheld and applied to any unpaid restitution, if such an attachment does not adversely impact the defendant's ability to comply with other orders of the court. An attachment of earnings under this paragraph (b) may be modified to a lesser or greater amount based upon changes in a defendant's circumstances as long as the amount withheld does not exceed fifty percent and may be suspended or canceled at the court's discretion. An attachment of earnings issued pursuant to this paragraph (b) shall be enforceable in the same manner as a garnishment in a civil action. For purposes of this section, earnings shall have the same meaning as set forth for any type of garnishment in section 13-54.5-101, C.R.S., and shall include profits.
(c) Request that the clerk of the court issue a writ of execution, writ of
attachment, or other civil process to collect upon a judgment pursuant to article 52 of title 13, C.R.S.;
(d) Request that the court issue a notice to show cause requiring the
defendant to appear before the court and show cause why the required payment or payments were not made. Upon a finding of the defendant's failure to pay, unless the defendant establishes that he or she was unable to make the payments, the court may:
(I) Revoke probation and impose any other sentence permitted by law;
(II) Order that the defendant be confined to jail with a recommendation that
the defendant participate in a work release program;
(III) Extend the period of probation; or
(IV) Find the defendant in contempt of court and impose any authorized
penalties for such action.
(e) (I) Employ any method available to collect state receivables, including the
assignment of the defendant's accounts to a third party that has an agreement with the judicial department under this paragraph (e).
(II) The judicial department may enter into agreements with third parties for
collection-related services. Any fees or costs of the third parties shall be added to the amount of restitution owed by the defendant, but such fees and costs shall not exceed twenty-five percent of the amount collected.
Source: L. 2000: Entire article added, p. 1037, � 1, effective September 1. L.
2011: (2) amended, (HB 11-1076), ch. 178, p. 679, � 3, effective July 1. L. 2012: (3)(b) amended, (HB 12-1310), ch. 268, p. 1395, � 10, effective June 7; (2) and IP(3) amended, (SB 12-175), ch. 208, p. 860, � 97, effective July 1.
16-18.5-106. Restitution for persons sentenced to the department of
corrections. (1) Whenever a person is sentenced to the department of corrections, the department of corrections is authorized to conduct an investigation into the financial circumstances of the defendant, as described in section 16-18.5-104 (3), for purposes of determining the defendant's ability to pay court ordered costs, surcharges, restitution, time payment fees, late fees, and other fines, fees, or surcharges pursuant to section 16-18.5-110.
(2) During any period of time that a defendant is a state inmate, as defined in
section 17-1-102 (8), C.R.S., the executive director of the department of corrections, or his or her designee, may fix the time and manner of payment for court ordered costs, surcharges, restitution, time payment fees, late fees, and any other fines, fees, or surcharges pursuant to section 16-18.5-110 resulting from a criminal case or for child support, and may direct that a portion of the deposits into such inmate's bank account be applied to any outstanding balance existing before, on, or after September 1, 2000. At a minimum, the executive director shall order that twenty percent of all deposits into an inmate's bank account, including deposits for inmate pay shall be deducted and paid toward any outstanding order from a criminal case or for child support. If an inmate owes money on more than one order from a criminal case or for child support, the executive director may equitably apportion payments among the outstanding obligations.
(2.5) (a) The department of corrections shall intercept government windfall
payments before the government windfall payments are made available in an inmate's bank account. The department of corrections shall send funds from intercepted government windfall payments to the judicial department in an amount equal to any amount owed by the inmate pursuant to section 16-18.5-110. The judicial department shall then disperse the funds in accordance with section 16-18.5-110. The department of corrections shall disperse any remaining funds in accordance with section 16-18.5-106. If any funds remain after all of the inmate's outstanding obligations are fulfilled, the excess funds must be placed in the inmate's bank account.
(b) As used in this subsection (2.5), government windfall payment means
an unusual payment from a governmental entity to an inmate in the department of corrections and includes economic stimulus payments and any other unusual government payments. Government windfall payment does not include payments to inmates for wages, pensions, disability payments, child support, tuition, restitution, and victim compensation.
(3) Whenever a defendant is released from a correctional facility, the
defendant shall be obligated to make payments for restitution as required by section 17-2-201 (5)(c)(I), C.R.S.
(4) The department of corrections may enter into a memorandum of
understanding with the judicial department or contract with a private collection agency for the collection of court ordered costs, surcharges, restitution, time payment fees, late fees, and any other fines, fees, or surcharges pursuant to section 16-18.5-110 from defendants sentenced to the department of corrections or released on parole.
Source: L. 2000: Entire article added, p. 1039, � 1, effective September 1. L.
2002: (1), (2), and (4) amended, p. 67, � 1, effective March 22; (2) amended, p. 1016, � 20, effective June 1. L. 2022: (2.5) added, (SB 22-043), ch. 263, p. 1927, � 4, effective August 10.
Editor's note: Amendments to subsection (2) by Senate Bill 02-159 and
Senate Bill 02-140 were harmonized.
Cross references: For the legislative declaration in SB 22-043, see section 1
of chapter 263, Session Laws of Colorado 2022.
16-18.5-106.5. Lottery winnings offset - restitution. (1) (a) The judicial
department shall, on no less than a monthly basis, certify to the department of revenue information regarding any defendant who has been ordered to pay restitution pursuant to section 18-1.3-603 or 19-2.5-1104.
(b) The information described in paragraph (a) of this subsection (1) shall
include the social security number of the person who is obligated to pay restitution and the amount of restitution due and owing. The department of revenue may request additional identifying information, as needed, from the judicial department in order to obtain an accurate data match pursuant to subsection (2) of this section.
(2) (a) Prior to the payment of lottery winnings required by rule and
regulation of the Colorado lottery commission to be paid only at the lottery offices, the department of revenue shall check the social security number of each winner with those certified by the judicial department pursuant to subsection (1) of this section. If the name and associated social security number of a lottery winner appear among those certified, the department of revenue shall obtain the current address of the winner, shall suspend the payment of the winnings, and shall notify the judicial department. The notification shall include the name, home address, and social security number of the winner. The judicial department shall forward the notification to the court in which the lottery winner's restitution obligation is pending.
(b) (I) After receipt of the notification, the court shall notify the person that is
obligated to pay restitution, in writing, that the state intends to offset the person's restitution obligation against his or her winnings from the state lottery. Such notification shall include information concerning the obligated person's right to object to the offset and to request an administrative review pursuant to the rules and regulations of the state court administrator.
(II) The sole issues to be determined at the administrative review described
in subparagraph (I) of this paragraph (b) shall be:
(A) Whether the person is required to pay restitution pursuant to an order
entered by a court of this state; and
(B) The amount of restitution outstanding.
(3) (a) Except as otherwise provided in subsection (5) of this section, upon
notification by the department of revenue of amounts deposited with the state treasurer pursuant to section 44-40-114, and upon the transfer of the amounts by the state treasurer to the court in which the restitution obligation is pending, the court shall disburse the amounts in accordance with this subsection (3).
(b) The clerk of the court shall apply the amounts toward the outstanding
restitution balance owed in the criminal or juvenile case. The clerk shall distribute the remainder, if any, to the person against whom the restitution order was entered. The court shall notify the crime victim or victims of actions taken under this paragraph (b).
(4) The state court administrator shall promulgate rules and regulations,
subject to the approval of the supreme court, establishing procedures to implement this section including but not limited to the process by which a lottery winner may object to an offset against restitution in accordance with paragraph (b) of subsection (2) of this section.
(5) If a lottery winner owes restitution in a criminal or juvenile case and also
owes a child support debt or arrearages as described in section 26-13-118 (1), the lottery winnings offset described in sections 26-13-118 and 44-40-113 (6) shall take priority and be applied first. Any remaining lottery winnings shall be disbursed and distributed in accordance with this section, section 44-40-113, and section 44-40-114.
(6) The home addresses and social security numbers of persons subject to
the state lottery winnings offset described in this section that are provided to the judicial department by the department of revenue shall be sent to the respective court.
Source: L. 2003: Entire section added, p. 656, � 1, effective August 6; (3)(a)
and (5) amended, p. 1275, � 71, effective August 6. L. 2004: (1)(a), (3)(b), and (5) amended, p. 1257, � 2, effective August 4. L. 2018: (3)(a) and (5) amended, (HB 18-1027), ch. 31, p. 363, � 8, effective October 1; (3)(a) amended, (HB 18-1375), ch. 274, p. 1699, � 16, effective October 1. L. 2019: (5) amended, (HB 19-1128), ch. 238, p. 2358, � 2, effective August 2. L. 2021: (1)(a) amended, (SB 21-059), ch. 136, p. 714, � 28, effective October 1.
16-18.5-106.7. Unclaimed property offset - definition. (1) The judicial
department may enter into a memorandum of understanding with the state treasurer, acting as the administrator of unclaimed property under the Revised Uniform Unclaimed Property Act, article 13 of title 38, for the purpose of offsetting against a claim for unclaimed property the unpaid amount of restitution the person making the claim has been ordered to pay pursuant to section 18-1.3-603 or 19-2.5-1104. When an offset is to be made, the judicial department or the court in which the person's restitution obligation is pending shall notify the person in writing that the state intends to offset the amount of the person's unpaid restitution obligation against the person's claim for unclaimed property.
(2) The state court administrator may adopt rules establishing the process
by which an unclaimed property claimant may object to an offset and request an administrative review. The sole issues to be determined at the administrative review shall be whether the person is required to pay restitution pursuant to an order entered by a court of this state and the amount of the outstanding restitution.
(3) For purposes of this section, claim for unclaimed property means a cash
claim filed in accordance with section 38-13-903.
Source: L. 2005: Entire section added, p. 698, � 2, effective August 8. L.
2019: (1) and (3) amended, (SB 19-088), ch. 110, p. 466, � 6, effective July 1, 2020. L. 2021: (1) amended, (SB 21-059), ch. 136, p. 714, � 29, effective October 1.
16-18.5-106.8. State income tax refund offsets - restitution - definitions. (1)
In any case in which a defendant has an unsatisfied restitution obligation ordered pursuant to section 18-1.3-603 or 19-2.5-1104, the judicial department is authorized to transmit data concerning the obligation to the department of revenue for the purpose of conducting a data match and offsetting the restitution obligation against a state income tax refund pursuant to section 39-21-108 (3). For any restitution obligation identified by the judicial department for offset, the state court administrator shall:
(a) On at least an annual basis, certify to the department of revenue the
social security number of the defendant who is obligated to pay the restitution obligation and the amount of the outstanding restitution obligation. The department of revenue may request additional identifying information from the judicial department that is necessary to obtain an accurate data match.
(b) Upon notification by the department of revenue of a data match, notify
the appropriate court that a match has occurred and that an offset is pending and provide to the court the identifying information received from the department concerning the defendant whose state income tax refund is subject to the offset;
(c) Provide or require the appropriate court to provide written notice to the
defendant that the state intends to offset the defendant's restitution obligation against his or her state income tax refund and that the defendant has the right to object to the offset and request an administrative review; and
(d) Upon receipt of funds for offset from the department of revenue, transmit
the funds to the appropriate court.
(2) The clerk of court shall apply funds received pursuant to this section to
the defendant's outstanding restitution obligation. If the moneys received exceed the defendant's current restitution obligation, the excess may be applied to other financial obligations the defendant owes the court or the judicial department. If no other financial obligations are owed, the clerk of court shall refund any excess to the defendant.
(3) The state court administrator may adopt rules establishing the process
by which a defendant may object to an offset and request an administrative review. The sole issues to be determined at the administrative review shall be whether the person is required to pay the restitution and the amount of the outstanding restitution.
(4) The department of revenue is authorized to receive data from the judicial
department and execute offsets of state income tax refunds in accordance with this section and section 39-21-108 (3), C.R.S.
(5) As used in this section, defendant means any person, including an adult
or juvenile, who has been ordered to pay restitution pursuant to section 18-1.3-603 or 19-2.5-1104.
Source: L. 2004: Entire section added, p. 1258, � 3, effective August 4. L.
2021: IP(1) and (5) amended, (SB 21-059), ch. 136, p. 715, � 30, effective October 1.
16-18.5-107. Collection of restitution by the victim. (1) Any victim in whose
name a restitution order has been entered shall have a right to pursue collection of the amount of restitution owed to such person in such person's own name. Any victim who wishes to collect restitution pursuant to the provisions of this section shall first deliver to the clerk of the court or, if the defendant was sentenced to the department of corrections, to the executive director of the department of corrections a notice of intent to pursue collection. Upon receipt of notice of intent to pursue collection, the court, the collections investigator, and the department of corrections shall cease all attempts to collect the restitution due to the person or persons named in the notice, except that the collections investigator may still assist the victim in the victim's effort. The filing of a victim's intent to pursue collection and a victim's subsequent collection efforts do not alter a court's order that restitution is a condition of the defendant's probation, and such probation may still be revoked by the court upon a finding of failure to pay restitution.
(2) Any victim who has filed a notice of intent to pursue collection may apply
to the sentencing court for issuance of any of the following that, if provided, shall be provided without cost:
(a) One or more certified copies of the transcript of the order for restitution;
(b) An order that a portion of the defendant's earnings be withheld pursuant
to section 16-18.5-105 (3)(b);
(c) A writ of execution, writ of attachment, or other civil process to collect
upon a judgment pursuant to article 52 of title 13, C.R.S.
(3) If the victim chooses to record a copy of the transcript with a clerk and
recorder or with the secretary of state, the victim may do so without charge.
(4) A victim may withdraw his or her intent to pursue collection by filing a
notice of such withdrawal with the person to whom the notice of intent was served pursuant to subsection (1) of this section. Such notice shall state the amount, if any, of restitution collected by the victim. Upon receipt of a notice of withdrawal, the collections investigator or the department of corrections shall pursue collection of the restitution pursuant to this article.
(5) The judicial department shall develop informational brochures for victims
explaining the process of restitution and the victim's rights and remedies.
Source: L. 2000: Entire article added, p. 1039, � 1, effective September 1. L.
2003: (3) amended, p. 1674, � 10, effective July 1.
16-18.5-108. Dishonored check fee. Whenever a payment of restitution that
was presented in the form of a check or similar sight draft for the payment of money is subsequently dishonored by the financial institution for any reason upon presentment within thirty days after issue, the agency supervising the collection of such payment may assess a twenty dollar penalty against the defendant. The penalty provided in this section shall be assessed in addition to any other penalties or interest authorized by law.
Source: L. 2000: Entire article added, p. 1040, � 1, effective September 1.
16-18.5-109. Declined or unclaimed restitution. (1) If at the time that an
order for restitution is entered no victim can be reasonably located or the victim declines to accept restitution, the defendant shall still pay restitution but such restitution shall be made to the state and distributed as provided for in subsection (3) of this section.
(2) Notwithstanding the provisions of sections 13-32-108 and 13-32-112,
C.R.S., all restitution paid to the clerk of any court or into the registry of any court that has been unclaimed for a period of two years or more after the final determination of any case in which said restitution was collected or money deposited shall be distributed as provided for in subsection (3) of this section.
(3) The amounts of restitution remaining undistributed pursuant to
subsections (1) and (2) of this section shall be paid to the victims and witnesses assistance and law enforcement fund created pursuant to section 24-4.2-103, C.R.S., and to the crime victim compensation fund created pursuant to section 24-4.1-117, C.R.S., in the judicial district in which the crime occurred. The chair of the victims and witnesses assistance and law enforcement board, in consultation with the board, and the chair of the crime victim compensation board, in consultation with the board, in each judicial district shall designate on or before each December 1, starting December 1, 2000, how moneys received pursuant to this section shall be divided between the two funds during the next calendar year for that judicial district. If the chairs are unable to agree on a distribution, the crime victim services advisory board created in section 24-4.1-117.3 (1), C.R.S., shall designate how the moneys shall be divided between the funds for that judicial district. If no designation is made, the payments shall be made to the victims and witnesses assistance and law enforcement fund.
Source: L. 2000: Entire article added, p. 1041, � 1, effective September 1. L.
2009: (3) amended, (SB 09-047), ch. 129, p. 555, � 2, effective July 1.
16-18.5-110. Order of crediting payments. (1) Payments received shall be
credited in the following order:
(a) Costs for crime victim compensation fund, pursuant to section 24-4.1-119,
C.R.S.;
(b) Surcharges for victims and witnesses assistance and law enforcement
fund, pursuant to section 24-4.2-104, C.R.S.;
(c) Restitution to victims in the following order:
(I) A victim, as defined in section 18-1.3-602 (4)(a)(I), C.R.S.;
(II) A victim, as defined in section 18-1.3-602 (4)(a)(II), C.R.S.;
(III) A victim, as defined in section 18-1.3-602 (4)(a)(III), C.R.S.;
(c.5) Surcharges related to the address confidentiality program pursuant to
section 24-30-2114, C.R.S.;
(d) Time payment fee;
(e) Late fees; and
(f) Any other fines, fees, or surcharges.
Source: L. 2000: Entire article added, p. 1041, � 1, effective September 1. L.
2003: (1)(c) amended, p. 1050, � 3, effective September 1. L. 2007: (1)(c.5) added, p. 1699, � 2, effective July 1. L. 2008: (1)(a) amended, p. 1884, � 24, effective August 5. L. 2011: (1)(c.5) amended, (HB 11-1080), ch. 256, p. 1123, � 5, effective June 2.
16-18.5-111. Effect of termination of deferred judgment and sentence or
deferred adjudication, expungement, or sealing. The provisions of this article apply notwithstanding the termination of a deferred judgment and sentence or a deferred adjudication, the entry of an order of expungement pursuant to section 19-1-306, C.R.S., or an order to seal entered pursuant to part 7 of article 72 of title 24, C.R.S.
Source: L. 2014: Entire section added, (HB 14-1035), ch. 21, p. 152, � 1,
effective March 7. L. 2016: Entire section amended, (SB 16-065), ch. 277, p. 1143, � 4, effective July 1.
16-18.5-112. Effect of expungement. Notwithstanding the entry of an order
of expungement pursuant to section 19-1-306, the provisions of this article 18.5 apply.
Source: L. 2017: Entire section added, (HB 17-1204), ch. 206, p. 784, � 3,
effective November 1.
16-18.5-113. Office of restitution services - created. (1) There is created in
the judicial department the office of restitution services, referred to in this section as the office. The purpose of the office is to assist victims who are owed court-ordered restitution.
(2) The office shall:
(a) Receive requests from victims requesting semiannual statements as set
forth in subsection (3) of this section;
(b) Answer general questions and assist victims with case-specific questions
related to court-ordered restitution;
(c) Create and maintain a web page on the judicial department website with
resources and information on court-ordered restitution;
(d) Assist with training related to the administration of the restitution
system;
(e) Enhance communications for postsentence restitution; and
(f) Collaborate with victim advocacy programs.
(3) (a) A victim who is owed court-ordered restitution may submit a request
to the office to provide semiannual statements detailing the restitution payments the defendant has made to the victim and the disbursements the court has made to the victim. The statement must include the outstanding amount of court-ordered restitution owed to the victim.
(b) The office shall verify the identity of the victim making the request
described in subsection (3)(a) of this section to ensure the victim is owed court-ordered restitution for the case.
(c) The office shall not provide information related to court-ordered
restitution to other victims in the same case or in other cases in which the victim requests a semiannual statement pursuant to subsection (3)(a) of this section.
Source: L. 2022: Entire section added, (SB 22-043), ch. 263, p. 1928, � 5,
effective August 10.
Cross references: For the legislative declaration in SB 22-043, see section 1
of chapter 263, Session Laws of Colorado 2022.
FUGITIVES AND EXTRADITION
ARTICLE 19
Fugitives and Extradition
Cross references: For interstate compacts affecting the subject matter of
this article, see article 60 of title 24; for habeas corpus proceedings, see article 45 of title 13.
C.R.S. § 16-4-104
16-4-104. Types of bond set by the court. (1) The court shall determine, after consideration of all relevant criteria, which of the following types of bond is appropriate for the pretrial release of a person in custody, subject to the relevant statutory conditions of release listed in section 16-4-105. The person may be released upon execution of:
(a) An unsecured personal recognizance bond in an amount specified by the
court. The court may require additional obligors on the bond as a condition of the bond.
(b) An unsecured personal recognizance bond with additional nonmonetary
conditions of release designed specifically to reasonably ensure the appearance of the person in court and the safety of any person or persons or the community;
(c) A bond with secured monetary conditions when reasonable and
necessary to ensure the appearance of the person in court or the safety of any person or persons or the community. The financial conditions shall state an amount of money that the person must post with the court in order for the person to be released. The person may be released from custody upon execution of bond in the full amount of money to be secured by any one of the following methods, as selected by the person to be released, unless the court makes factual findings on the record with respect to the person to be released that a certain method of bond, as selected by the court, is necessary to ensure the appearance of the person in court or the safety of any person, persons, or the community:
(I) By a deposit with the clerk of the court of an amount of cash equal to the
monetary condition of the bond;
(II) By real estate situated in this state with unencumbered equity not
exempt from execution owned by the accused or any other person acting as surety on the bond, which unencumbered equity shall be at least one and one-half the amount of the security set in the bond;
(III) By sureties worth at least one and one-half of the security set in the
bond; or
(IV) By a bail bonding agent, as defined in section 16-1-104 (3.5).
(d) A bond with secured real estate conditions when it is determined that
release on an unsecured personal recognizance bond without monetary conditions will not reasonably ensure the appearance of the person in court or the safety of any person or persons or the community. For a bond secured by real estate, the bond shall not be accepted by the clerk of the court unless the record owner of such property presents to the clerk of the court the original deed of trust as set forth in subparagraph (IV) of this paragraph (d) and the applicable recording fee. Upon receipt of the deed of trust and fee, the clerk of the court shall record the deed of trust with the clerk and recorder for the county in which the property is located. For a bond secured by real estate, the amount of the owner's unencumbered equity shall be determined by deducting the amount of all encumbrances listed in the owner and encumbrances certificate from the actual value of such real estate as shown on the current notice of valuation. The owner of the real estate shall file with the bond the following, which shall constitute a material part of the bond:
(I) The current notice of valuation for such real estate prepared by the
county assessor pursuant to section 39-5-121, C.R.S.; and
(II) Evidence of title issued by a title insurance company or agent licensed
pursuant to article 11 of title 10, C.R.S., within thirty-five days after the date upon which the bond is filed; and
(III) A sworn statement by the owner of the real estate that the real estate is
security for the compliance by the accused with the primary condition of the bond; and
(IV) A deed of trust to the public trustee of the county in which the real
estate is located that is executed and acknowledged by all record owners of the real estate. The deed of trust shall name the clerk of the court approving the bond as beneficiary. The deed of trust shall secure an amount equal to one and one-half times the amount of the bond.
(2) Unless the district attorney consents or unless the court imposes certain
additional individualized conditions of release as described in section 16-4-105, a person must not be released on an unsecured personal recognizance bond pursuant to paragraph (a) of subsection (1) of this section under the following circumstances:
(a) The person is presently free on another bond of any kind in another
criminal action involving a felony or a class 1 misdemeanor;
(b) The person has a record of conviction of a class 1 misdemeanor within two
years or a felony within five years, prior to the bail hearing; or
(c) The person has willfully failed to appear on bond in any case involving a
felony or a class 1 misdemeanor charge in the preceding five years.
(3) A person may not be released on an unsecured personal recognizance
bond if, at the time of such application, the person is presently on release under a surety bond for felony or class 1 misdemeanor charges unless the surety thereon is notified and afforded an opportunity to surrender the person into custody on such terms as the court deems just under the provisions of section 16-4-108.
(4) Because of the danger posed to any person and the community, a person
who is arrested for an offense under section 42-4-1301 (1) or (2)(a), C.R.S., may not attend a bail hearing until the person is no longer intoxicated or under the influence of drugs. The person shall be held in custody until the person may safely attend such hearing.
(5) At the initial hearing, the person has the right to be represented by an
attorney and the court shall advise the person of the possible charges, penalties, and the person's rights as specified in rule 5 of the Colorado rules of criminal procedure, unless waived by the person. The court shall notify the public defender of each person in custody before the initial hearing, and each person in custody has the right to be represented by a public defender at the hearing. The court shall provide the person's attorney sufficient time to prepare for and present an individualized argument regarding the type of bond and conditions of release at the initial hearing, consistent with the court's docket and scheduling priorities.
(6) The prosecuting attorney has the right to be notified of each person set
for initial hearing, to appear at all initial hearings to provide his or her position regarding the type of bond and conditions of release, and shall be provided sufficient time by the court to prepare for and present any relevant argument, consistent with the court's docket and scheduling priorities.
(7) Prior to the initial hearing, any pretrial services agency operating in that
county, or any other agency that reports to the court, that has conducted a pretrial release assessment or gathered information for the court's consideration at the initial hearing shall provide to the prosecution and the person's attorney all information provided to the court regarding the person in custody, which shall include, if provided, the arrest warrant, the probable cause statement, and the person's criminal history.
(8) The sheriff's office and jail personnel shall provide the public defender's
office or private counsel access to the person who will be appearing at the hearing and shall allow sufficient time with the person prior to the hearing in order to prepare for the initial hearing.
Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 824, � 2, effective
May 11. L. 2014: IP(1)(c) amended, (SB 14-212), ch. 397, p. 1998, � 2, effective July 1. L. 2021: (5), (6), (7), and (8) added, (HB 21-1280), ch. 457, p. 3049, � 2, effective September 7.
C.R.S. § 16-4-111
16-4-111. Disposition of security deposits upon forfeiture or termination of bond. (1) (a) If a defendant is released upon deposit of cash in any amount or upon deposit of any stocks or bonds and the defendant is later discharged from all liability under the terms of the bond, the clerk of the court shall return the deposit to the person who made the deposit, including when bond is posted online.
(b) (I) If the depositor of the cash bond is the defendant and the defendant
owes court costs, fees, fines, restitution, or surcharges at the time the defendant is discharged from all liability under the terms of the bond, the court may apply the deposit toward any amount owed by the defendant in court costs, fees, fines, restitution, or surcharges if the defendant voluntarily agrees in writing to the use of the deposit for such purpose. A defendant is not required to agree to apply the deposit toward any amount owed by the defendant as a condition of release, including when bond is posted online. If any amount of the deposit remains after paying the defendant's outstanding court costs, fees, fines, restitution, or surcharges, the court shall return the remainder of the deposit to the defendant.
(II) If the depositor of the cash bond is not the defendant but the defendant
owes court costs, fees, fines, restitution, or surcharges at the time the defendant is discharged from all liability under the terms of the bond, the court shall not apply the deposit toward the amount owed by the defendant in court costs, fees, fines, restitution, or surcharges. The court shall return the deposit to the depositor, including when a bond is posted online.
(III) A depositor of a cash bond who is not the defendant may deposit bond
funds directly with the jail. The depositor is not required to pay any additional fees, costs, or surcharges other than the bond amount and bond processing fee. The depositor is not required to apply bond funds to the defendant's inmate account for payment of the bond and is not required to deposit money in the defendant's name, including when a bond is posted online.
(2) (a) Upon satisfaction of the terms of the bond, the clerk of the court shall
execute, within fourteen days after such satisfaction, a release of any deed of trust given to secure the bond and an affidavit that states that the obligation for which the deed of trust had been recorded has been satisfied, either fully or partially, and that the release of such deed of trust may be recorded at the expense of the record owner of the property described in such deed of trust.
(b) If there is a forfeiture of the bond pursuant to this section, and if the
forfeiture is not set aside pursuant to subsection (4) of this section, the deed of trust may be foreclosed as provided by law.
(c) If there is a forfeiture of the bond pursuant to this section, but the
forfeiture is set aside pursuant to subsection (3) of this section, the clerk of the court shall execute a release of any deed of trust given to secure the bond and an affidavit that states that the obligation for which the deed of trust had been recorded has been satisfied, either fully or partially, and that the release of such deed of trust may be recorded at the expense of the record owner of the real estate described in such deed of trust.
(3) When the defendant has been released upon deposit of cash or property,
upon an unsecured personal recognizance bond with a monetary condition pursuant to section 16-4-104 (1)(a) or (1)(b), or upon a surety bond secured by property, if the defendant fails to appear in accordance with the primary condition of the bond, the court shall declare a forfeiture. Notice of the order of forfeiture shall be mailed by the court to the defendant, all sureties, and all depositors or assignees of any deposits of cash or property if such sureties, depositors, or assignees have direct contact with the court, at their last-known addresses. Such notice shall be sent within fourteen days after the entry of the order of forfeiture. If the defendant does not appear and surrender to the court having jurisdiction within thirty-five days from the date of the forfeiture or within that period satisfy the court that appearance and surrender by the defendant is impossible and without fault by such defendant, the court may enter judgment for the state against the defendant for the amount of the bond and costs of the court proceedings. Any cash deposits made with the clerk of the court shall be applied to the payment of costs. If any amount of such cash deposit remains after the payment of costs, it shall be applied to payment of the judgment.
(4) The court may order that a forfeiture be set aside, upon such conditions
as the court may impose, if it appears that justice so requires.
(5) If, within one year after judgment, the person who executed the forfeited
bond as principal or as surety effects the apprehension or surrender of the defendant to the sheriff of the county from which the bond was taken or to the court which granted the bond, the court may vacate the judgment and order a remission less necessary and actual costs of the court.
(6) The provisions of this section shall not apply to appearance bonds written
by compensated sureties, as defined in section 16-4-114 (2)(c), which bonds shall be subject to the provisions of section 16-4-114.
(7) On and after July 1, 2008, all moneys collected from payment toward a
judgment entered for the state pursuant to paragraph (b) of subsection (1) of this section shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.
(8) Beginning July 1, 2025, the judicial department shall transfer seventy-five
percent of the money collected pursuant to this section from a bond forfeiture judgment to the state treasurer for deposit in the judicial collection enhancement fund created in section 16-11-101.6 (2).
Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 832, � 2, effective
May 11. L. 2014: (3) amended, (SB 14-212), ch. 397, p. 2000, � 7, effective July 1. L. 2019: (1)(b) amended, (SB 19-191), ch. 288, p. 2668, � 2, effective August 2. L. 2025: (8) added, (SB 25-241), ch. 144, p. 543, � 1, effective April 28; (1) amended, (HB 25-1015), ch. 43, p. 203, � 2, effective August 6.
C.R.S. § 16-4-112
16-4-112. Enforcement when forfeiture not set aside. By entering into a bond, each obligor, whether he or she is the principal or a surety, submits to the jurisdiction of the court. His or her liability under the bond may be enforced, without the necessity of an independent action, as follows: The court shall order the issuance of a citation directed to the obligor to show cause, if any there be, why judgment should not be entered against him or her forthwith and execution issue thereon. Said citation may be served personally or by certified mail upon the obligor directed to the address given in the bond. Hearing on the citation shall be held not less than twenty-one days after service. The defendant's attorney and the prosecuting attorney shall be given notice of the hearing. At the conclusion of the hearing, the court may enter a judgment for the state and against the obligor, and execution shall issue thereon as on other judgments. The district attorney shall have execution issued forthwith upon the judgment and deliver it to the sheriff to be executed by levy upon the stocks, bond, or real estate which has been accepted as security for the bond.
Source: L. 2013: Entire part R&RE, (HB 13-1236), ch. 202, p. 834, � 2,
effective May 11.
C.R.S. § 17-2-106
17-2-106. Branch parole offices - acquisition - duty to inform public. (1) (a) The director of the division of adult parole shall contemporaneously send written notice to the chief executive officer of the municipality and the city council or board of trustees of the municipality in which the division intends to operate the branch parole office.
(b) If the site of the branch parole office that the division intends to operate
is not located within a municipality, the director of the division shall send written notice to the board of county commissioners of the county in which the division intends to operate the branch parole office.
(c) For purposes of this section:
(I) Actual acquisition means the legal process necessary to vest the
department of corrections with fee title or a new leasehold interest in real estate that the division of adult parole intends to operate as a branch parole office in a new location.
(II) Branch parole office means any real estate in this state that the division
of adult parole, on behalf of the department of corrections, may acquire by purchase, leasehold, or other method for the purpose of operating an office to perform any function required or permitted by this title concerning parolee interview, reporting, testing, screening, and supervision.
(2) A municipality or county notified pursuant to subsection (1) of this section
may notify its residents and invite public review and comment on the division's selection of the branch parole office site through public meeting, public hearing, or any other public forum deemed appropriate by the municipality or county.
(3) Nothing in this section shall be construed to hinder or prohibit the
department of corrections, division of adult parole, from engaging in the selection or the actual acquisition of any site to operate as a branch parole office that the department or division determines will best enable the division to perform and exercise its duties and powers under this title.
Source: L. 2001: Entire section added, p. 662, � 2, effective August 8. L.
2002: (3) amended, p. 1016, � 21, effective June 1.
Cross references: For the definition of branch parole office as it applies to
this section, see also � 17-2-102 (10)(b).
PART 2
STATE BOARD OF PAROLE
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. § 18-12-105.5
18-12-105.5. Unlawfully carrying a weapon - unlawful possession of weapons - school, college, or university grounds - definition. (1) (a) A person shall not knowingly and unlawfully and without legal authority carry, bring, or have in the person's possession a deadly weapon as defined in section 18-1-901 (3)(e) that is not a firearm in or on the real estate and all improvements erected thereon of any public or private elementary, middle, junior high, high, or vocational school or any public or private college, university, or seminary; except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a deadly weapon that is not a firearm, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.
(a.5) A person shall not knowingly carry a firearm, either openly or
concealed, in or on the real estate and all improvements erected thereon of any licensed child care center; public or private elementary, middle, junior high, high, or vocational school; or any public or private college, university, or seminary; except for the purpose of presenting an authorized public demonstration or exhibition pursuant to instruction in conjunction with an organized school or class, for the purpose of carrying out the necessary duties and functions of an employee of an educational institution that require the use of a firearm, or for the purpose of participation in an authorized extracurricular activity or on an athletic team.
(b) (I) A person who violates subsection (1)(a) of this section commits a class
6 felony if the weapon involved is a deadly weapon other than a firearm, as defined in section 18-1-901.
(II) A person who violates subsection (1)(a.5) of this section commits a class 1
misdemeanor.
(2) (Deleted by amendment, L. 2000, p. 709, � 45, effective July 1, 2000.)
(3) It is not an offense under this section if:
(a) The weapon is unloaded and remains inside a motor vehicle while upon
the real estate of any public or private college, university, or seminary; or
(b) The person is in that person's own dwelling or place of business or on
property owned or under that person's control at the time of the act of carrying; or
(c) The person is in a private automobile or other private means of
conveyance and is carrying a weapon for lawful protection of that person's or another's person or property while traveling; or
(d) Repealed.
(d.5) The weapon involved was a handgun, the person held a valid permit to
carry a concealed handgun or a temporary emergency permit issued pursuant to part 2 of this article 12, and the person is carrying the concealed handgun:
(I) On the real property, or into any improvements erected thereon, of a
public elementary, middle, junior high, or high school in accordance with the authority granted pursuant to section 18-12-214 (3); or
(II) In a parking area of a licensed child care center or a public or private
college, university, or seminary; or
(e) The person is a school resource officer, as defined in section 22-32-109.1
(1)(g.5), C.R.S., or a peace officer, as described in section 16-2.5-101, C.R.S., when carrying a weapon in conformance with the policy of the employing agency as provided in section 16-2.5-101 (2), C.R.S.; or
(f) and (g) (Deleted by amendment, L. 2003, p. 1626, � 51, effective August 6,
2003.)
(h) The person has possession of the weapon for use in an educational
program approved by a school, which program includes, but is not limited to, any course designed for the repair or maintenance of weapons; or
(i) The weapon involved is a firearm; the person carrying the firearm is
employed or retained as security personnel by a licensed child care center or a public or private college, university, or seminary; and the person is carrying the firearm while engaged in the person's official duties as security personnel; or
(j) A licensed child care center is on the same real estate as another building
or improvement that is not a school and that is open to the public and the person is carrying a firearm on an area of real estate or any improvement thereon that is not designated as a licensed child care center.
(4) As used in this section, unless the context otherwise requires, licensed
child care center means a child care center, as defined in section 26.5-5-303 (3), that is licensed by the department of early childhood or is exempt from licensing pursuant to section 26.5-5-304 (1)(b), and that operates with stated educational purposes. Licensed child care center does not include a family child care home, as defined in section 26.5-5-303 (7).
Source: L. 93: Entire section added, p. 965, � 2, effective July 1. L. 94: (1) and
(2) amended, p. 1721, � 19, effective July 1. L. 2000: Entire section amended, p. 709, � 45, effective July 1. L. 2003: (3)(d) amended and (3)(d.5) added, p. 649, � 4, effective May 17; (3)(e), (3)(f), and (3)(g) amended, p. 1626, � 51, effective August 6. L. 2013: (3)(e) amended, (SB 13-138), ch. 253, p. 1341, � 2, effective May 23. L. 2023: (1) amended, (HB 23-1293), ch. 298, p. 1792, � 46, effective October 1. L. 2024: (1)(a), (1)(b)(II), IP(3), (3)(d.5), and (3)(h) amended, (1)(a.5), (3)(i), (3)(j), and (4) added, and (3)(d) repealed, (SB 24-131), ch. 301, p. 2046, � 3, effective July 1.
Cross references: For the legislative declaration in the 2013 act amending
subsection (3)(e), see section 1 of chapter 253, Session Laws of Colorado 2013. For the legislative declaration in SB 24-131, see section 1 of chapter 301, Session Laws of Colorado 2024.
C.R.S. § 18-15-101
18-15-101. Definitions. As used in this article, unless the context otherwise requires:
(1) To collect an extension of credit means to induce in any way any person
to make repayment thereof.
(2) Creditor means any person who extends credit or any person claiming
by, under, or through any such person.
(3) Debtor means any person who receives an extension of credit or any
person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person who receives an extension of credit to repay the same.
(4) To extend credit means to make or renew any loan or to enter into any
agreement, express or implied, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred.
(5) An extortionate means is any means which involves the use, or an
express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.
(6) (a) Loan finance charge means the sum of all charges payable directly
or indirectly by the debtor and imposed directly or indirectly by the lender as an incident to or as a condition of the extension of credit, whether paid or payable by the debtor, the lender, or any other person on behalf of the debtor to the lender or to a third party, including, but not limited to, any of the following types of charges that are applicable:
(I) Interest or any amount payable under a point, discount, or other system of
charges, however denominated;
(II) Premium or other charge for any guarantee of insurance protecting the
lender against the debtor's default or other credit loss;
(III) Charges incurred for investigating the collateral or credit-worthiness of
the debtor or for commissions or brokerage for obtaining the credit.
(b) The term does not include the charges as a result of additional charges
as defined in section 5-2-202, C.R.S., delinquency charges as defined in section 5-2-203, C.R.S., deferral charges as defined in section 5-2-204, C.R.S., similar charges specifically authorized by law, or additional interest charges permitted by section 5-12-107 (3), C.R.S.
(7) Repayment of an extension of credit includes the repayment,
satisfaction, or discharge, in whole or in part, of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.
Source: L. 72: p. 288, � 3. C.R.S. 1963: � 40-15-101. L. 94: (6) amended, p.
1613, � 14, effective July 1. L. 96: (6) amended, p. 412, � 14, effective July 1. L. 2000: (6)(b) amended, p. 1872, � 109, effective August 2.
C.R.S. § 18-15-109
18-15-109. Loan finder - definitions - prohibited fees. (1) As used in this section, unless the context otherwise requires:
(a) Borrower means any person seeking to obtain a loan through the
services of a loan finder.
(b) Loan has the same meaning as set forth in section 5-1-301 (25), C.R.S.
(c) Loan finder means any person who, directly or indirectly, serves or
offers to serve as a lender or as an agent to obtain a loan or who holds himself or herself out as capable of obtaining a loan for any person; except that the following persons shall be exempt from the provisions of this section:
(I) A supervised financial organization, as defined in section 5-1-301 (45),
C.R.S., and its employees, when acting within the scope of their employment;
(II) A person duly licensed to make supervised loans pursuant to part 3 of
article 2 of title 5, C.R.S.;
(III) A business development corporation, created pursuant to article 48 of
title 7, C.R.S.;
(IV) A pawnbroker licensed pursuant to article 11.9 of title 29, acting as such;
(V) Any governmental entity or employee thereof, acting in his official
capacity;
(VI) A mortgage broker, as defined in paragraph (d) of this subsection (1),
acting as such.
(d) Mortgage broker means any person who, directly or indirectly, serves or
offers to serve as an agent for any person to obtain a loan secured by a mortgage, deed of trust, or lien on real property.
(2) A loan finder shall not charge or collect any fee from a borrower until a
borrower actually receives the agreed-upon loan; except that nothing in this section shall preclude a borrower from paying for a credit check or for an appraisal of security for the loan where such payment is by check or money order made payable to a party independent of the loan finder.
(3) In any proceeding brought pursuant to this section, the burden of
production with respect to an exemption from its provisions shall be upon the person claiming the exemption, and said claim of exemption shall constitute an affirmative defense.
(4) Any person who violates this section commits a petty offense. A violation
of this section shall also constitute a class 1 public nuisance subject to the provisions of part 3 of article 13 of title 16.
Source: L. 90: Entire section added, p. 382, � 3, effective July 1. L. 2000:
(1)(b), (1)(c)(I), and (1)(c)(II) amended, p. 1873, � 110, effective August 2. L. 2017: IP(1)(c) and (1)(c)(IV) amended, (SB 17-228), ch. 246, p. 1041, � 5, effective August 9. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3217, � 378, effective March 1, 2022.
ARTICLE 16
Purchasers of Valuable Articles
Editor's note: The Colorado Supreme Court held this entire article
constitutional on the basis that it did not infringe on the federal government's exclusive jurisdiction over the regulation of currency and gold and silver bullion nor does it place an impermissible burden on interstate commerce. See Exotic Coins, Inc. v. Beacom, 699 P.2d 930 (Colo. 1985).
C.R.S. § 18-16-110
18-16-110. Severability. If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this article which may be given effect without the invalid provision or application, and, to this end, the provisions of this article are declared to be severable.
Source: L. 81: Entire article added, p. 1014, � 1, effective May 22.
ARTICLE 17
Colorado Organized Crime
Control Act
Law reviews: For article, Misstatements of the Rule Against Perpetuities by
Experts, see 15 Colo. Law. 210 (1986); for article, The Distinction Between a Financial Planner, Investment Advisor and Broker/Dealer, see 15 Colo. Law. 211 (1986); for article, Criminal Law, which discusses the RICO act, see 64 Den. U.L. Rev. 241 (1987); for article, Emerging Issues Under the Colorado Organized Crime Control Act -- Colorado's Little RICO, see 18 Colo. Law. 2077 (1989); for a discussion of Tenth Circuit decisions dealing with questions regarding RICO, see 67 Den. U.L. Rev. 763 (1990); for article, Civil Litigation Under the Colorado Organized Crime Control Act--Part I, see 37 Colo. Law. 69 (July 2008); for article, Civil Litigation Under the Colorado Organized Crime Control Act--Part II, see 37 Colo. Law. 67 (Aug. 2008).
C.R.S. § 18-17-103
18-17-103. Definitions. As used in this article 17, unless the context otherwise requires:
(1) Documentary material means any book, paper, document, writing,
drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other functionally similar tangible item.
(2) Enterprise means any individual, sole proprietorship, partnership,
corporation, trust, or other legal entity or any chartered union, association, or group of individuals, associated in fact although not a legal entity, and shall include illicit as well as licit enterprises and governmental as well as other entities.
(3) Pattern of racketeering activity means engaging in at least two acts of
racketeering activity which are related to the conduct of the enterprise, if at least one of such acts occurred in this state after July 1, 1981, and if the last of such acts occurred within ten years (excluding any period of imprisonment) after a prior act of racketeering activity.
(4) Person means any individual or entity holding or capable of holding a
legal or beneficial interest in property.
(5) Racketeering activity means to commit, to attempt to commit, to
conspire to commit, or to solicit, coerce, or intimidate another person to commit:
(a) Any conduct defined as racketeering activity under 18 U.S.C. 1961 (1)(A),
(1)(B), (1)(C), and (1)(D); or
(b) Any violation of the following provisions of the Colorado statutes or any
criminal act committed in any jurisdiction of the United States that, if committed in this state, would be a crime under the following provisions of the Colorado statutes:
(I) Offenses against the person, as defined in sections 18-3-102 (first degree
murder), 18-3-103 (second degree murder), 18-3-104 (manslaughter), 18-3-202 (first degree assault), 18-3-203 (second degree assault), 18-3-204 (third degree assault), 18-3-206 (menacing), 18-3-207 (criminal extortion), 18-3-301 (first degree kidnapping), 18-3-302 (second degree kidnapping), 18-3-503 (human trafficking for involuntary servitude), and 18-3-504 (human trafficking for sexual servitude);
(II) Offenses against property, as defined in sections 18-4-102 (first degree
arson), 18-4-103 (second degree arson), 18-4-104 (third degree arson), 18-4-105 (fourth degree arson), 18-4-202 (first degree burglary), 18-4-203 (second degree burglary), 18-4-301 (robbery), 18-4-302 (aggravated robbery), 18-4-401 (theft), 18-4-409 (motor vehicle theft), 18-4-409.5 (unauthorized use of a motor vehicle), and 18-4-501 (criminal mischief);
(III) Offenses involving cybercrime, as defined in article 5.5 of this title 18;
(IV) Offenses involving fraud, as defined in sections 18-5-102 (forgery), 18-5-104 (second degree forgery), 18-5-105 (criminal possession of forged instrument),
18-5-109 (criminal possession of forgery devices), 18-5-110.5 (trademark counterfeiting), 6-16-111, C.R.S., (felony charitable fraud), 18-5-206 (defrauding a secured creditor or debtor), 18- 5-309 (money laundering), 18-5-403 (bribery in sports), 18-5-113 (criminal impersonation), 18-5-114 (offering a false document for recording), 18-5-702 (unauthorized use of a financial transaction device), 18-5-705 (criminal possession or sale of a blank financial transaction device), 18-5-706 (criminal possession of forgery devices), 18-5-707 (unlawful manufacture of a financial transaction device), 18-5-902 (identity theft), 18-5-903 (criminal possession of a financial device), 18-5-903.5 (criminal possession of an identification document), 18-5-904 (gathering identity information by deception), and 18-5-905 (possession of identity theft tools);
(V) Offenses involving the family relation, as defined in section 18-6-403
(sexual exploitation of children);
(VI) Offenses relating to morals, as defined in sections 18-7-102 (wholesale
promotion of obscenity or promotion of obscenity), 18-7-203 (pandering), 18-7-206 (pimping), 18-7-402 (soliciting for child prostitution), 18-7-403 (pandering of a child), 18-7-404 (keeping a place of child prostitution), and 18-7-405 (pimping of a child);
(VII) Offenses involving governmental operations, as defined in sections 18-8-302 (bribery), 18-8-303 (compensation for past official behavior), 18-8-306
(attempt to influence a public servant), 18-8-402 (misuse of official information), 18-8-502 (first degree perjury), 18-8-503 (second degree perjury), 18-8-603 (bribe-receiving by a witness), 18-8-606 (bribing a juror), 18-8-608 (intimidating a juror), 18-8-609 (jury-tampering), 18-8-610 (tampering with physical evidence), 18-8-703 (bribing a witness or victim), 18-8-704 (intimidating a witness or victim), and 18-8-707 (tampering with a witness or victim);
(VIII) Offenses against public peace, order, and decency, as defined in
sections 18-9-303 (prohibited wiretapping) and 18-9-304 (prohibited eavesdropping);
(IX) Gambling, as defined in sections 18-10-103 (2) (professional gambling),
18-10-105 (possession of a gambling device or record), 18-10-106 (transmission of receipt of gambling information), and 18-10-107 (maintaining gambling premises);
(X) Offenses relating to firearms and weapons, as defined in sections 18-12-102 (possessing an illegal weapon or a dangerous weapon), 18-12-107.5 (illegal
discharge of a firearm), and 18-12-109 (possession, use, or removal of explosives or incendiary devices or the possession of components thereof);
(XI) Offenses involving the making, financing, or collection of loans, as
defined in sections 18-15-102 (extortionate extension of credit), 18-15-104 (engaging in criminal usury), 18-15-105 (financing extortionate extensions of credit), 18-15-106 (financing criminal usury), 18-15-107 (collection of extensions of credit by extortionate means), and 18-15-108 (possession or concealment of records of criminal usury);
(XII) Fraud upon the department of revenue, as defined in section 39-21-118,
C.R.S.;
(XIII) Securities offenses, as defined in sections 11-51-401 and 11-51-603
(registration of brokers and dealers), 11-51-301 and 11-51-603 (registration of securities), and 11-51-501 and 11-51-603 (fraud and other prohibited practices), C.R.S.;
(XIV) Offenses relating to controlled substances (part 1 of article 280 of title
12, part 2 of article 80 of title 27, and article 18 of this title 18);
(XV) Offenses relating to taxation, as defined in section 39-22-621, C.R.S.;
(XVI) Offenses relating to limited gaming, as defined in article 20 of this title
18 or article 30 of title 44; and
(XVII) Offenses relating to telecommunications crime as set forth in section
18-9-309.
(6) Unlawful debt means a debt incurred or contracted in an illegal
gambling activity or business or which is unenforceable under state or federal law in whole or in part as to principal or interest because of the law relating to usury.
Source: L. 81: Entire article added, p. 1015, � 1, effective July 1; (5)(b)(XIV)
amended, p. 2032, � 48, effective July 14. L. 82: (5)(b)(XIII) amended, p. 623, � 19, effective April 2; (5)(b)(II) amended, p. 254, � 11, effective May 3. L. 83: (5)(b)(VI) and (5)(b)(X) amended, p. 2048, ��5, 6, effective October 14. L. 84: (5)(b)(VII) amended, p. 503, � 6, effective July 1. L. 88: (5)(b)(IV) amended, p. 358, � 2, effective July 1. L. 90: (5)(b)(II) amended, p. 987, � 12, effective April 24; (5)(b)(XIII) amended, p. 740, � 4, effective July 1. L. 91: (5)(b)(XVI) added, p. 1582, � 10, effective June 4. L. 93: (5)(b)(X) amended, p. 969, � 3, effective July 1. L. 95: (5)(b)(IV) amended, p. 1256, � 21, effective July 1. L. 97: (5)(b)(XVII) added, p. 991, � 3, effective July 1. L. 2000: (5)(b)(IV) amended, p. 692, � 2, effective July 1. L. 2001: (5)(b)(IV) amended, p. 769, � 4, effective August 8. L. 2006: (5)(b)(IV) amended, p. 1323, � 9, effective July 1. L. 2009: (5)(b)(IV) amended, (SB 09-093), ch. 326, p. 1738, � 4, effective July 1, 2011. L. 2010: (5)(b)(I) amended, (SB 10-140), ch. 156, p. 536, � 2, effective April 21; (5)(b)(IV) amended, (HB 10-1081), ch. 256, p. 1140, �� 2, 3, effective August 11. L. 2012: (5)(b)(XIV) amended, (HB 12-1311), ch. 281, p. 1620, � 50, effective July 1. L. 2013: (5)(b)(II), (HB 13-1160), ch. 373, p. 2200, � 11, effective June 5. L. 2014: (5)(b)(I) amended, (HB 14-1273), ch. 282, p. 1156, � 19, effective July 1. L. 2018: IP and (5)(b)(III) amended, (HB 18-1200), ch. 379, p. 2293, � 6, effective August 8; IP and (5)(b)(XVI) amended, (SB 18-034), ch. 14, p. 240, � 14, effective October 1. L. 2019: (5)(b)(XIV) amended, (HB 19-1172), ch. 136, p. 1677, � 101, effective October 1. L. 2023: (5)(b)(II) amended, (SB 23-097), ch. 309, p. 1888, � 3, effective July 1; IP(5)(b) and (5)(b)(II) amended, (HB 23-1293), ch. 298, p. 1794, � 54, effective October 1.
Editor's note: Amendments to subsection (5)(b)(II) by SB 23-097 and HB 23-1293 were harmonized.
Cross references: For the legislative declaration contained in the 2001 act
amending subsection (5)(b)(IV), see section 1 of chapter 224, Session Laws of Colorado 2001.
C.R.S. § 18-4-201
18-4-201. Definitions. As used in this article, unless the context otherwise requires:
(1) Premises means any real estate and all improvements erected thereon.
(2) Separate building means each unit of a building consisting of two or
more units separately secured or occupied.
(3) A person enters unlawfully or remains unlawfully in or upon premises
when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of his or her intent, enters or remains in or upon premises that are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to him or her by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building that is only partly open to the public is not a license or privilege to enter or remain in that part of the building that is not open to the public. Except as is otherwise provided in section 33-6-116 (1), C.R.S., a person who enters or remains upon unimproved and apparently unused land that is neither fenced nor otherwise enclosed in a manner designed to exclude intruders does so with license and privilege unless notice against trespass is personally communicated to the person by the owner of the land or some other authorized person or unless notice forbidding entry is given by posting with signs at intervals of not more than four hundred forty yards or, if there is a readily identifiable entrance to the land, by posting with signs at such entrance to the private land or the forbidden part of the land. In the case of a designated access road not otherwise posted, said notice shall be posted at the entrance to private land and shall be substantially as follows:
ENTERING PRIVATE PROPERTY
REMAIN ON ROADS.
Source: L. 71: R&RE, p. 426, � 1. C.R.S. 1963: � 40-4-201. L. 75: (3) amended,
p. 634, � 1, effective July 1. L. 84: (3) amended, p. 922, � 9, effective January 1, 1985. L. 99: (3) amended, p. 326, � 1, effective July 1.
Cross references: For the definition of the word premises as used in
criminal trespass, see � 18-4-504.5.
C.R.S. § 18-8-408
18-8-408. Designation of insurer prohibited. (1) No public servant shall, directly or indirectly, require or direct a bidder on any public building or construction contract which is about to be or has been competitively bid to obtain from a particular insurer, agent, or broker any surety bond or contract of insurance required in such bid or contract or required by any law, ordinance, or regulation.
(2) Any such public servant who violates any of the provisions of subsection
(1) of this section commits a civil infraction.
(3) Any provisions in invitations to bid or in any contract documents
prohibited by this section are declared void as against the public policy of this state.
(4) Nothing in this section shall be construed to prevent any such public
servant acting on behalf of the government from exercising the right to approve or reject a surety bond or contract of insurance as to its form or sufficiency or the lack of financial capability of an insurer selected by a bidder.
(5) This section shall apply only to contracts entered into on or after July 1,
1977.
Source: L. 77: Entire section added, p. 989, � 1, effective May 26. L. 2021: (2)
amended, (SB 21-271), ch. 462, p. 3200, � 299, effective March 1, 2022.
C.R.S. § 18-9-313
18-9-313. Personal information on the internet - victims of domestic violence, sexual assault, and stalking - other protected persons - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Child representative means:
(I) An employee of or contractor with the office of the child's representative
created in section 13-91-104; or
(II) The staff of contractors with the office of the child's representative who
are members of an attorney's legal team who assist with the attorney's legal representation of children, youth, and juveniles.
(b) Code enforcement officer means a municipal, county, or city and county
employee or contractor who is responsible for the administration and enforcement of land use, zoning regulations, building codes, health codes, floodplain regulations, and other similar health and safety codes.
(b.5) Educator means a teacher, principal, administrator, special services
provider, and an education support professional, as defined in section 22-2-502 (1.5).
(c) Exempt party means any party to the record, a settlement service, a
title insurance company, a title insurance agency, a mortgage servicer or a mortgage servicer's qualified agent, or an attorney licensed and in good standing in the state of Colorado to practice law and who is engaged in a real estate matter.
(c.5) Firefighter has the same meaning as set forth in section 18-3-201 (1.5).
(d) Health-care worker means a licensed health-care provider, or an
employee, contracted health-care provider, or individual serving in a governance capacity of a health-care facility licensed pursuant to section 25-1.5-103.
(e) Human services worker means:
(I) A state or county employee, or an attorney representing the state or
county, who is engaged in investigating or taking legal action regarding allegations of child abuse or neglect pursuant to article 3 of title 19, and a state or county support staff person who has contact with the public relating to these allegations;
(II) A state or county employee, or an attorney representing the state or
county, who is engaged in investigating or taking legal action regarding allegations of mistreatment of an at-risk adult pursuant to article 3.1 of title 26, and a state or county support staff person who has contact with the public relating to these allegations;
(III) A state or county employee, including a county attorney or an employee
of a person under contract with a state or county, who is engaged in establishing, modifying, and enforcing child support orders pursuant to article 13 of title 26, and a state or county support staff person who has contact with the public relating to these duties;
(IV) A state or county employee, including a county attorney, who is engaged
in determining eligibility for or investigating fraud in public programs established in article 2 of title 26, and who has contact with the public relating to these duties; or
(V) An employee of a juvenile detention facility established and operated
pursuant to section 19-2.5-1502 or an employee of the division of youth services within the department of human services, including an employee under contract with the division of youth services, who has contact with juveniles involved with youth services.
(f) Immediate family means a protected person's spouse, child, or parent or
any other blood relative who lives in the same residence as the protected person.
(g) Judge has the same meaning as defined by section 18-8-615 (3).
(h) Mortgage servicer has the same meaning as set forth in section 5-21-103 (4).
(i) Office of the respondent parents' counsel staff member or contractor
means:
(I) An employee of the office of the respondent parents' counsel created in
section 13-92-103;
(II) An attorney licensed and in good standing in the state of Colorado to
practice law who contracts with the office of the respondent parents' counsel to represent indigent parents who are respondents in dependency and neglect cases brought pursuant to title 19; or
(III) A social worker, family advocate, or peer advocate who contracts with
the office of the respondent parents' counsel to assist attorneys in the representation of indigent parents who are respondents in dependency and neglect cases brought pursuant to title 19.
(j) Participant in the address confidentiality program means an individual
accepted into the address confidentiality program in accordance with part 21 of article 30 of title 24.
(k) Peace officer has the same meaning as described in section 16-2.5-101.
(l) Personal information means the home address, home telephone number,
personal mobile telephone number, pager number, personal email address, or a personal photograph of a participant in the address confidentiality program or protected person; directions to the home of a participant in the address confidentiality program or protected person; or photographs of the home or vehicle of a participant in the address confidentiality program or protected person.
(m) Prosecutor has the same meaning as defined in section 18-8-616 (3).
(n) Protected person means an educator, a code enforcement officer, a
human services worker, a public health worker, a child representative, a health-care worker, a reproductive health-care services worker, an officer or agent of the state bureau of animal protection, an animal control officer, an office of the respondent parents' counsel staff member or contractor, a judge, a peace officer, a prosecutor, a public defender, a public safety worker, or a firefighter.
(o) Public defender means an attorney employed by the office of the state
public defender created in section 21-1-101, or an attorney employed by the office of alternate defense counsel created in section 21-2-101.
(p) Public health worker means:
(I) An employee, a contractor, or an employee of a contractor of the
department of public health and environment, created in section 25-1-102, who is engaged in public health duties, as described in section 25-1.5-101;
(II) An employee, a contractor, or an employee of a contractor of a county or
district public health agency, as defined in section 25-1-502, who is engaged in public health duties, as described in section 25-1-506; or
(III) A member of a county or district board of health, other than an elected
county commissioner.
(q) Public safety worker means:
(I) An employee, a contractor, or an employee of a contractor of the
department of corrections who has contact with persons in the custody of the department of corrections or with the family or associates of such persons;
(II) A noncertified deputy sheriff or detention officer, as described in section
16-2.5-103 (2), who has contact with inmates; or
(III) An employee, a contractor, or an employee of a contractor of a
community corrections program, as defined in section 17-27-102, who has contact with offenders in a community corrections program.
(q.5) Reproductive health-care services worker means a patient who
relocated to Colorado, a provider, or an employee of an organization that provides or assists individuals in accessing a legally protected health-care activity, as defined in section 12-30-121 (1)(d).
(r) Settlement service has the same meaning as set forth in section 10-11-102 (6.7)(a) to (6.7)(f).
(s) Title insurance agency has the same meaning as set forth in section 10-11-102 (8.5).
(t) Title insurance company has the same meaning as set forth in section
10-11-102 (10).
(2) Repealed.
(2.5) An address confidentiality program participant may submit a written
request to a state or local government official and follow the process in section 24-30-2108, C.R.S., including the presentation of a valid address confidentiality program authorization card. If a state or local government official has received the above information, then the state or local government official shall not knowingly make available on the internet personal information about such participant in the address confidentiality program or the actual address, as defined in section 24-30-2103 (1), C.R.S., of such participant in the address confidentiality program.
(2.7) It is unlawful for a person to knowingly make available on the internet
personal information about a protected person or the protected person's immediate family if the dissemination of personal information poses an imminent and serious threat to the protected person's safety or the safety of the protected person's immediate family and the person making the information available on the internet knows or reasonably should know of the imminent and serious threat.
(2.8) (a) A protected person may submit a written request pursuant to
subsection (2.8)(b) of this section to a state or local government official to remove personal information from records that are available on the internet. If a state or local government official receives the written request, then the state or local government official shall not knowingly make available on the internet personal information about the protected person or the protected person's immediate family.
(b) A protected person's written request to a state or local government
official to remove personal information from records that the official makes available on the internet must include:
(I) The protected person's full name and home address;
(II) Evidence that the person submitting the request is a protected person;
and
(III) An affirmation stating under penalty of perjury that the person
submitting the request has reason to believe that the dissemination of the personal information contained in the records that the official makes available on the internet poses an imminent and serious threat to the person's safety or the safety of the person's immediate family.
(c) An exempt party may access a record that includes information otherwise
subject to redaction pursuant to subsection (2.8)(b) of this section, and that is maintained by the county recorder, county assessor, or county treasurer, if the person seeking access to the record provides evidence and an affirmation under penalty of perjury that they are an exempt party.
(d) Each county recorder, county assessor, or county treasurer shall grant an
exempt party access to the record based on its existing processes or shall adopt a process to grant access if one is not already in place. Each county recorder, county assessor, or county treasurer may assess administrative costs related to granting access to the exempt party requesting the record.
(3) A violation of subsection (2.7) of this section is a class 1 misdemeanor.
Source: L. 2002: Entire section added, p. 1139, � 1, effective July 1. L. 2003:
(2) amended, p. 1616, � 14, effective August 6. L. 2009: (1) and (2) amended, (HB 09-1316), ch. 313, p. 1696, � 1, effective May 21. L. 2015: (1)(a.9) and (2.5) added and (1)(b) amended, (HB 15-1174), ch. 42, p. 103, � 1, effective March 20; (1)(a.5) amended, (HB 15-1229), ch. 239, p. 885, � 2, effective May 29. L. 2019: (1) and (3) amended and (2.7) and (2.8) added, (HB 19-1197), ch. 95, p. 349, � 1, effective April 11. L. 2020: (1)(a), (1)(b), (1)(e), (2.7), and (2.8) amended, (HB 20-1052), ch. 77, p. 315, � 1, effective September 14. L. 2021: IP(1), (1)(b) (1)(e), (2.7), and (2.8) amended and (1)(f) and (1)(g) added, (HB 21-1107), ch. 153, p. 876, � 1, effective May 18; IP(1), (1)(b), (1)(e), (2.7), (2.8), and (3) amended, (1)(b.5), (1)(d.5), (1)(e.5), (1)(f), (1)(f.6), and (1)(h) added, and (1)(c) and (2) repealed, (HB 21-1015), ch. 311, p. 1899, � 1, effective June 24; (1)(a)(V) amended, (SB21-059), ch. 136, p. 724, � 55, effective October 1. L. 2022: (1) and (2.8)(b) amended and (2.8)(c) and (2.8)(d) added, (HB 22-1041), ch. 39, p. 207, � 1, effective March 24; (1)(b.5) added and (1)(n) amended, (SB 22-171), ch. 240, p. 1781, � 1, effective May 26. L. 2023: (1)(d) and (1)(n) amended and (1)(q.5) added, (SB 23-188), ch. 68, p. 247, � 15, effective April 14. L. 2024: (1)(c.5) added and (1)(n) amended, (HB 24-1104), ch. 64, p. 214, � 1, effective August 7.
Editor's note: Amendments to subsections (1)(b), (1)(e), and (1)(f) by HB 21-1107 and HB 21-1015 were harmonized.
Cross references: For the legislative declaration in SB 23-188, see section 1
of chapter 68, Session Laws of Colorado 2023.
C.R.S. § 18-9-313.5
18-9-313.5. Personal information on the internet - election officials - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Election duties means activities required or authorized by law to
conduct public elections pursuant to the Uniform Election Code of 1992, articles 1 to 13 of title 1; the Colorado Local Government Election Code, article 13.5 of title 1; the Colorado Municipal Election Code of 1965, article 10 of title 31; or parts 8 and 9 of article 1 of title 32.
(b) Election official means a county clerk and recorder, a municipal clerk,
an election judge, a member of a canvassing board, a member of a board of county commissioners, a member or secretary of a board of directors authorized to conduct public elections, a representative of a governing body, or any other person contracting for or engaged in the performance of election duties. Election official includes any person who is an election worker.
(c) Election worker means a county clerk and recorder, a person currently
employed by a county to perform election duties, a municipal clerk, a person currently employed by a municipal government to perform election duties, the secretary of state, and a person currently employed by the secretary of state to perform election duties. Election worker does not include an election judge or a temporary employee of a county, municipal government, or the secretary of state.
(d) Exempt party means any party to the record, a settlement service, a
title insurance company, a title insurance agency, a mortgage servicer or a mortgage servicer's qualified agent, or an attorney licensed and in good standing in the state of Colorado to practice law and who is engaged in a real estate matter.
(e) Immediate family means:
(I) An election official's spouse, child, or parent; or
(II) Any other person who lives in the same residence as the election official.
(f) Mortgage servicer has the same meaning as set forth in section 5-21-103 (4).
(g) Personal information means a person's home address, home telephone
number, personal mobile telephone number, pager number, or personal email address; a photograph of a person; directions to a person's home; or a photograph or description of a person's home, vehicle, or vehicle license plate.
(h) Settlement service means a service listed in section 10-11-102 (6.7)(a) to
(6.7)(f).
(i) Title insurance agency has the same meaning as set forth in section 10-11-102 (8.5).
(j) Title insurance company has the same meaning as set forth in section
10-11-102 (10).
(2) (a) It is unlawful for a person to knowingly make available on the internet
personal information about an election official or an election official's immediate family if the dissemination of personal information poses an imminent and serious threat to the safety of the election official or the election official's immediate family and the person making the information available on the internet knows or reasonably should know of the imminent and serious threat.
(b) A violation of this subsection (2) is a class 1 misdemeanor.
(3) (a) An election worker may submit a written request pursuant to
subsection (3)(b) of this section to a state or local government official to remove the election worker's personal information from records that are available on the internet. If a state or local government official receives the written request, then the state or local government official shall not knowingly make available on the internet personal information about the election worker.
(b) An election worker's written request to a state or local government
official to remove personal information from records that the official makes available on the internet must include:
(I) The election worker's full name and home address;
(II) Evidence that the person submitting the request is an election worker;
and
(III) An affirmation stating under penalty of perjury that the election worker
submitting the request has reason to believe that the dissemination of the personal information contained in the records that the official makes available on the internet poses an imminent and serious threat to the safety of the election worker.
(c) An exempt party may access a record that includes information otherwise
subject to redaction pursuant to subsection (3)(b) of this section and that is maintained by the county recorder, county assessor, or county treasurer if the person seeking access to the record provides evidence and an affirmation under penalty of perjury that they are an exempt party.
(d) Each county recorder, county assessor, or county treasurer shall grant an
exempt party access to the record based on its existing processes or shall adopt a process to grant access if one is not already in place. Each county recorder, county assessor, or county treasurer may assess administrative costs related to granting access to the exempt party requesting the record.
Source: L. 2022: Entire section added, (HB 22-1273), ch. 324, p. 2292, � 2,
effective June 2.
C.R.S. § 2-3-1303
2-3-1303. Rules of procedure. (1) The capital development committee may prescribe its own rules of procedure and may appoint an advisory committee from among professionals in the private sector to include but not be limited by the following areas of expertise: Real estate, architecture, finance, and engineering.
(2) Repealed.
Source: L. 85: Entire part added, p. 284, � 1, effective May 23. L. 86: Entire
section amended, p. 408, � 3, effective March 26. L. 89: (2)(a) amended, p. 336, � 2, effective March 15. L. 90: (2) repealed, p. 334, � 24, effective April 3.
C.R.S. § 2-4-401
2-4-401. Definitions. The following definitions apply to every statute, unless the context otherwise requires:
(1) Behavioral health refers to an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health
problems and disorders include substance use disorders, serious psychological distress, suicide, and other mental health disorders. Problems ranging from unhealthy stress or subclinical conditions to diagnosable and treatable diseases are included in the term behavioral health. The term behavioral health is also used to describe service systems that encompass prevention and promotion of emotional health, prevention and treatment services for mental health and substance use disorders, and recovery support.
(1.1) Child includes child by adoption.
(1.3) Civil union means a relationship established by two eligible persons
pursuant to the requirements of article 15 of title 14, C.R.S., that entitles them to receive the benefits and protections and be subject to the responsibilities of spouses.
(1.4) Civil union certificate means a document that certifies that the
persons named in the certificate have established a civil union in this state in compliance with the provisions of article 15 of title 14, C.R.S.
(1.5) Contraceptive or contraception means a medically acceptable drug,
device, or procedure used to prevent pregnancy.
(2) Court means a court of record.
(2.5) Repealed.
(3) Executor includes administrator and administrator includes executor.
(3.2) Felony includes a drug felony described in article 18 of title 18.
(3.4) Gender expression means an individual's way of reflecting and
expressing the individual's gender to the outside world, typically demonstrated through appearance, dress, and behavior.
(3.5) Gender identity means an individual's innate sense of the individual's
own gender, which may or may not correspond with the individual's sex assigned at birth.
(3.6) Final disposition means the disposition of human remains by
entombment, burial, cremation, natural reduction, or removal from the state.
(3.7) Immediate family member means a person who is related by blood,
marriage, civil union, or adoption.
(4) Issue, as applied to the descent of estate, includes all the lawful, lineal
descendants of the ancestor.
(5) Land, lands, or real estate includes lands, tenements, and
hereditaments, and all rights thereto and all interests therein.
(6) Minor means any person who has not attained the age of twenty-one
years. No construction of this subsection (6) shall supersede the express language of any statute.
(6.3) Misdemeanor includes a drug misdemeanor described in article 18 of
title 18, C.R.S.
(6.5) (a) Must means that a person or thing is required to meet a condition
for a consequence to apply. Must does not mean that a person has a duty.
(b) This subsection (6.5):
(I) Is not intended to alter the interpretation of a statute enacted before
August 7, 2013; and
(II) Applies to statutes enacted on or after August 7, 2013, but only with
regard to language that appears in small capital font in the session laws published pursuant to section 24-70-223, C.R.S.
(6.9) Natural reduction or naturally reduce means the contained,
accelerated conversion of human remains to soil.
(7) Oath includes affirmation, and swear includes affirm.
(7.5) Partner in a civil union or party to a civil union means a person who
has entered into a civil union in accordance with the requirements of article 15 of title 14, C.R.S.
(8) Person means any individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity.
(8.5) Repealed.
(9) Personal representative includes executor, administrator, conservator,
or guardian.
(9.5) Petty offense includes a drug petty offense described in article 18 of
title 18, C.R.S.
(10) Population means that shown by the most recent regular or special
federal census.
(11) Property means both real and personal property.
(12) Registered mail includes certified mail.
(13) Rule includes regulation.
(13.5) Sexual orientation means an individual's identity, or another
individual's perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction.
(13.7) (a) Shall means that a person has a duty.
(b) This subsection (13.7):
(I) Is not intended to alter the interpretation of a statute enacted before
August 7, 2013; and
(II) Applies to statutes enacted on or after August 7, 2013, but only with
regard to language that appears in small capital font in the session laws published pursuant to section 24-70-223, C.R.S.
(14) State, when applied to a part of the United States, includes any state,
district, commonwealth, territory, insular possession thereof, and any area subject to the legislative authority of the United States of America.
(15) United States includes all states, the District of Columbia, and the
territories, commonwealths, and possessions of the United States.
(16) Will includes a codicil.
(17) Written or in writing includes any representation of words, letters,
symbols, or figures; but this provision does not affect any law relating to signatures.
Source: L. 73: R&RE, p. 1426, � 1. C.R.S. 1963: � 135-1-401. L. 80: (2.5) added,
p. 751, � 1. L. 90: (8) amended, p. 444, � 2, effective April 18. L. 2008: (13.5) added, p. 1598, � 9, effective May 29. L. 2009: (1.5) added, (SB 09-225), ch. 126, p. 546, � 1, effective August 5. L. 2013: (1.3), (1.4), (3.7), and (7.5) added, (SB 13-011), ch. 49, p. 157, � 5, effective May 1; (6.5) and (13.7) added, (HB 13-1029), ch. 8, p. 21, � 2, effective August 7; (3.5) added, (SB 13-250), ch. 333, p. 1942, � 65, effective October 1. L. 2014: (6.7) and (8.5) added, (SB 14-163), ch. 391, p. 1968, � 1, effective June 6. L. 2015: (8.5) repealed and (9.5) added, (SB 15-264), ch. 259, p. 940, � 3, effective August 5. L. 2017: (1) amended and (1.1) added, (SB 17-242), ch. 263, p. 1250, � 2, effective May 25. L. 2021: (3.6) and (6.9) added, (SB 21-006), ch. 123, p. 488, � 1, effective September 7; (3.2) and (3.4) added and (3.5) and (13.5) amended, (HB 21-1108), ch. 156, p. 889, � 9, effective September 7.
Editor's note: (1) Subsection (2.5) provided for the repeal of subsection (2.5),
effective July 1, 1987. (See L. 80, p. 751.)
(2) Subsection (6.3) was added as subsection (6.7) in SB 14-163 but was
renumbered on revision in 2020 to place defined terms in alphabetical order.
Cross references: (1) For other statutes having age qualifications that differ
from that set out in the definition of minor, see selection for jury service, � 13-71-105; liability for damages, � 13-21-107; contracts and agreements, article 22 of title 13; the Colorado Probate Code, � 15-10-201 (32).
(2) For the legislative declaration contained in the 2008 act enacting
subsection (13.5), see section 1 of chapter 341, Session Laws of Colorado 2008.
(3) For the legislative declaration in the 2013 act adding subsections (6.5)
and (13.7), see section 1 of chapter 8, Session Laws of Colorado 2013.
(4) For the legislative declaration in SB 17-242, see section 1 of chapter 263,
Session Laws of Colorado 2017.
(5) For the legislative declaration in HB 21-1108, see section 1 of chapter 156,
Session Laws of Colorado 2021.
C.R.S. § 22-1-134
22-1-134. Hunter education course - gifts, grants, or donations - definitions. (1) As used in this section, unless the context otherwise requires, local education provider means a school district or any of the following that enrolls students in the seventh grade:
(a) A charter school authorized by a school district pursuant to part 1 of
article 30.5 of this title 22;
(b) A charter school authorized by the state charter school institute pursuant
to part 5 of article 30.5 of this title 22; or
(c) A board of cooperative services created and operating pursuant to article
5 of this title 22 that operates one or more public schools.
(2) A local education provider may offer a hunter education course as an
elective course to seventh-grade students, either for credit or not for credit, if the local education provider:
(a) Enters into an agreement pursuant to subsection (3)(c) of this section
with an individual or entity to provide a hunter education course at no cost to the local education provider or any student enrolled in the course; and
(b) Receives gifts, grants, or donations in an amount sufficient to pay any
costs to the local education provider that arise from providing a hunter education course pursuant to this section.
(3) (a) A hunter education course offered pursuant to this section must:
(I) Satisfy the same requirements as a hunter education course certified by
the division of parks and wildlife, as described in section 33-6-107 (8); except that the course is not required to include hands-on activities that may otherwise be required by the division of parks and wildlife; and
(II) Be taught by an instructor certified by the division of parks and wildlife.
(b) A hunter education course offered pursuant to this section may include
hands-on activities, but a local education provider cannot require a student to participate in the hands-on activities as a condition of enrollment in, or satisfactory completion of, a hunter education course. A student may only participate in hands-on activities with the permission of the student's parent or legal guardian.
(c) Prior to offering a hunter education course pursuant to this section, a
local education provider must enter into an agreement with an individual or entity that offers hunter education courses certified by the division of parks and wildlife to provide the hunter education course at no cost to the local education provider or any student enrolled in the course. For the purposes of this section, a hunter education course provided pursuant to an agreement entered into pursuant to this subsection (3)(c) is considered a hunter education course offered by the local education provider.
(4) This section does not constitute a waiver of any applicable state or
federal law.
(5) A local education provider may seek, accept, and expend gifts, grants, or
donations from private or public sources for the purposes of this section.
(6) Nothing in this section precludes a local education provider from offering
hunter education courses as an elective course in any other grade.
(7) (a) A hunter education course offered pursuant to this section shall only
allow the possession of inert firearms and dummy rounds on the real estate or any improvements erected on the real estate of any public or private elementary, middle, junior high, or high school.
(b) As used in this subsection (7), inert firearm means any handgun,
revolver, pistol, rifle, or shotgun, incapable of discharging bullets, cartridges, or other explosive charges.
Source: L. 2022: Entire section added, (HB 22-1168), ch. 115, p. 538, � 1,
effective August 10.
C.R.S. § 22-41-104.7
22-41-104.7. Community investment portfolio - required investments - creation - legislative declaration - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Community investment means an investment that is intended to
generate positive, measurable impact for Colorado schoolchildren, families, or communities while simultaneously generating financial returns. Community investments may have below-market rates of return.
(b) Fund means the public school fund of the state created in section 3 of
article IX of the state constitution.
(c) Portfolio means the community investment portfolio created in this
section.
(d) Program means the educator first home ownership program created in
this section.
(e) Program manager means the Colorado housing and finance authority;
except that, if the Colorado housing and finance authority elects at any time not to serve as program manager, the public school fund investment board shall select a replacement entity that agrees to serve as program manager.
(f) Public school employee means any employee of a Colorado school
district, charter school, institute charter school, board of cooperative educational services, or innovation zone.
(g) Shared equity down payment assistance program means a program
through which a borrower receives financial assistance for a down payment on a property in accordance with subsection (4) of this section.
(2) Portfolio created. The community investment portfolio is created within
the fund. By July 1, 2032, the treasurer shall invest at least twenty percent of the fund's value into the portfolio.
(3) Allowable portfolio investments. Money in the portfolio must be invested
in community investments. Allowable community investments include, but are not limited to:
(a) Bonds issued by Colorado school districts and charter schools;
(b) Certificates of participation issued by Colorado school districts and
charter schools;
(c) Mortgage pass-through securities and collateralized mortgage
obligations secured by residential real estate, the majority of which is owned by public school employees;
(d) Loans to the Colorado middle income housing authority for a revolving
loan fund that funds rental housing developments that include preferences for public school employees;
(e) Bonds issued by the middle income housing authority that fund rental
housing developments that include preferences for public school employees;
(f) Bonds or mortgage-backed securities issued by the Colorado housing and
finance authority that fund housing developments that include preferences for public school employees or mortgages secured by residential real estate, the majority of which is owned by public school employees;
(g) Mortgage revenue bonds that support public school employee mortgages
with interest rates of three percent or less;
(h) Loans to community development financial institutions or nonprofits with
a history of providing affordable homeownership financing that fund:
(I) Housing that includes preferences for public school employees; or
(II) Low-interest mortgages secured by residential real estate that is owned
by public school employees;
(i) Down payment shared appreciation products secured by residential real
estate that is owned by public school employees; and
(j) Other investments that support the public purpose of the community
investment portfolio.
(4) Educator first home ownership program. (a) The educator first home
ownership program is created within the portfolio. In order to support public school employee home ownership, address educator shortages, and support the retention of public school employees, the treasurer shall invest the following amounts into the program, except that the total investment amount shall never exceed the sum of the investments made in accordance with subsection (4)(c) of this section plus the total amount of shared equity down payment assistance that has been provided through the shared equity down payment assistance program, by the following dates:
(I) By July 1, 2028, the greater of six percent of the fund's value or one
hundred million dollars;
(II) By July 1, 2030, the greater of twelve percent of the fund's value or two
hundred million dollars.
(b) The treasurer shall aim to invest a target of seventy-five percent of the
money in the program into a shared equity down payment assistance program for public school employees to be managed by the program manager. The shared equity down payment assistance program must be established by July 1, 2026. Once the shared equity down payment assistance program is established:
(I) The public school fund investment board shall purchase from the program
manager the mortgage products created through the shared equity down payment assistance program in tranches of reasonable amounts that are mutually agreed upon by the public school fund investment board and the program manager; and
(II) The public school fund investment board may provide notice of any
discontinuation of future investments that the program manager has not already committed to the shared equity down payment assistance program, which notice must be provided at least six months prior to discontinuation.
(c) The treasurer shall aim to invest a target of twenty-five percent of the
money in the program into allowable community investments described in subsection (3) of this section with the purpose of increasing the supply of houses for sale and access to home ownership in rural and other underserved communities.
(d) The program manager shall establish underwriting criteria for the shared
equity down payment assistance program and shall establish guidelines so that the shared down payment equity assistance program:
(I) Prioritizes first-time home buyers that use the home as a primary
residence;
(II) Provides shared equity down payment assistance to public school
employees and aims to help as many public school employees as possible achieve affordable home ownership;
(III) Allows appreciation-sharing between the shared equity down payment
assistance program and the borrower, with:
(A) The shared equity down payment assistance program's proportional
share of appreciation in a property never exceeding the percentage of the total purchase price that the shared equity down payment assistance program's financial assistance represented, as further described in program guidelines; and
(B) Any profit or loss realized in the share of appreciation described in
subsection (4)(d)(III)(A) of this section being borne by the shared equity down payment assistance program rather than the borrower or the program manager.
(IV) If the program manager is the Colorado housing and finance authority, is
paired with a first mortgage loan provided through the program manager's participating lender network that bears an interest rate that is at or below the prevailing mortgage rates.
(e) Unless investments in the shared equity down payment assistance
program have been discontinued and there is no fund money invested in the shared equity down payment assistance program, the program manager shall annually publish and present a report to the public school fund investment board on shared equity down payment assistance program outcomes, including:
(I) The number of shared equity down payment assistance program
borrowers;
(II) The geographic distribution of shared equity down payment assistance
program borrowers;
(III) The area median income of shared equity down payment assistance
program borrowers;
(IV) The median purchase price, median loan amount, and average interest
rate on first mortgages for public school employees who benefit from the shared equity down payment assistance program;
(V) The amount of money provided in down payment assistance by the
shared equity down payment assistance program;
(VI) The amount of principal repaid and money received as shared
appreciation by the shared equity down payment assistance program; and
(VII) The amount of loss, if any, experienced by the shared equity down
payment assistance program.
(f) The program manager shall present the first annual report required by
subsection (4)(e) of this section no later than December 1, 2027. Each annual report must be published on the program manager's website and distributed to: The house of representatives education committee and the senate education committee, or their successor committees; the public school fund investment board; and the Colorado department of education.
(g) Nothing in this section prevents the use of other sources of state or local
funding to be leveraged with the program.
Source: L. 2025: Entire section added, (SB 25-167), ch. 449, p. 2578, � 4,
effective June 4.
C.R.S. § 23-15-105
23-15-105. Organizational meeting - chairman - executive director - surety bond - conflict of interest. (1) A member of the board, designated by the governor, shall call and convene the initial organizational meeting of the board and shall serve as its chairman pro tempore. At such meeting, appropriate bylaws shall be presented for adoption. The bylaws may provide for the election or appointment of officers, the delegation of certain powers and duties, and such other matters as the authority deems proper. At such meeting and annually thereafter, the board shall elect one of its members as chairman and one as vice-chairman. It shall appoint an executive director and, if desired, an associate executive director, who shall not be members of the board and who shall serve at its pleasure. They shall receive such compensation for their services as shall be fixed by the board.
(2) The executive director, the associate executive director, or any other
person designated by the board shall keep a record of the proceedings thereof and shall be custodian of all books, documents, and papers filed with the board, the minute books or journal thereof, and its official seal. Said executive director, associate executive director, or other person may cause copies of all minutes and other records and documents of the board to be made and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely on such certificates.
(3) The board may delegate, by resolution, to one or more of its members or
to its executive director or associate executive director such powers and duties as it may deem proper.
(4) Before the issuance of any bonds under this article, the executive
director and associate executive director shall each execute a surety bond in the penal sum of one hundred thousand dollars, and each member of the board shall execute a surety bond in the penal sum of fifty thousand dollars, or, in lieu thereof, the chairman of the board shall execute a blanket bond covering each member, the executive director, the associate executive director, and the employees or other officers of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety authorized to transact business in this state as surety. The cost of each such bond shall be paid by the authority.
(5) Notwithstanding any other law to the contrary, it shall not constitute a
conflict of interest for a trustee, director, officer, or employee of any educational institution, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architectural firm, or other firm, person, or corporation to serve as a member of the board; except that such trustee, director, officer, or employee shall disclose such interest to the board and may abstain from deliberation, action, and voting by the board in each instance where the business affiliation of any such trustee, director, officer, or employee is involved.
Source: L. 81: Entire article added, p. 1099, � 1, effective July 1. L. 98: (5)
amended, p. 605, � 6, effective May 4.
C.R.S. § 23-20-134
23-20-134. No loans to board or faculty - exception. No funds of the university shall ever be, directly or indirectly, loaned to the president or any of the regents, professors, or other officers of the said university; except that the board of regents may make loans secured by an equity interest in real estate in Colorado from funds not appropriated by the general assembly to full-time faculty members if such secured loans are made pursuant to a faculty housing assistance plan promulgated and approved by the board of regents.
Source: G.L. � 2771. G.S. � 3462. L. 1895: p. 238, � 3. R.S. 08: � 6959. C.L. �
- CSA: C. 169, � 33. CRS 53: � 124-2-30. C.R.S. 1963: � 124-2-20. L. 81: Entire section amended, p. 1115, � 1, effective May 28.
C.R.S. § 23-20-137
23-20-137. Health sciences center - disposition of property - use of proceeds. (1) On or before June 30, 2004, the university of Colorado shall develop a master plan for the development, sale, and use of the campus at ninth avenue and Colorado boulevard and the university of Colorado hospital.
(2) On or before June 30, 2006, the university of Colorado shall enter into an
agreement with a third-party master developer to carry out the development, sale, or use of the real estate interests of the university of Colorado in the campus at ninth avenue and Colorado boulevard, including, but not limited to, the university's real estate interests in the ground leased to the university of Colorado hospital, that will maximize the moneys available for the move of the Colorado health sciences center to the former Fitzsimons Army base.
(3) (a) For purposes of this subsection (3), unless the context otherwise
requires, net proceeds from ninth avenue and Colorado boulevard means the proceeds from the sale, ground lease, or other disposition of the real estate interest of the university of Colorado in the ninth avenue and Colorado boulevard campus, including, but not limited to, the university's interests in the ground leased to the university of Colorado hospital, less actual and reasonable costs of completing the transaction and less any unsatisfied debt or other obligation relating to such real estate interests.
(b) Of the net proceeds from ninth avenue and Colorado boulevard, up to
fifteen million dollars shall be deposited into the general fund. Any net proceeds from ninth avenue and Colorado boulevard in excess of fifteen million dollars shall be divided equally with one-half being deposited into the general fund and one-half being retained by the university of Colorado for the development of the Fitzsimons campus.
Source: L. 2003: Entire section added, p. 1378, � 7, effective April 28.
Cross references: For the legislative declaration contained in the 2003 act
enacting this section, see section 1 of chapter 190, Session Laws of Colorado 2003.
C.R.S. § 23-30-102
23-30-102. Board body corporate - powers relating to real and personal property. (1) The board of governors of the Colorado state university system is a body corporate, capable in law of suing and being sued; of taking, holding, acquiring, exchanging, selling, and determining the uses of personal property and real estate, or any interest therein, the ownership of which is vested in the board of governors of the Colorado state university system or the entities governed by it; of contracting and being contracted with; of having and using a corporate seal; having duties and powers to control, manage, and direct the fiscal and all other affairs of the Colorado state university system and the entities it governs; and of causing to be done all things necessary to carry out the provisions of this article.
(1.5) The board of governors of the Colorado state university system shall
report all sales, leases, or exchanges of real property to the Colorado commission on higher education.
(2) The board of governors of the Colorado state university system has the
power to lease personal property, the ownership of which is vested in the Colorado state university system, or on behalf of any entity governed by it, for a term not to exceed eighty years to state or federal governmental agencies and to persons or corporations, public or private.
(2.5) Subject to such reviews and approvals of state agencies as are required
by law, the board of governors of the Colorado state university system has the power to sell, lease, or exchange real property, or any interest therein, including any mineral rights, the ownership of which is vested in the board of governors of the Colorado state university system or on behalf of any entity governed by it. All moneys which arise from the sale, lease, or exchange of said real property, or any interest therein, and all funds transferred pursuant to this subsection (2.5), together with any interest arising from the investment of said moneys and funds, shall be under the exclusive control of the board of governors of the Colorado state university system. The state treasurer is instructed to turn over to the board of governors of the Colorado state university system all the moneys, warrants, bonds, and other securities of any nature, and any interest earned thereon, that have come from the sale, lease, or exchange of said real property, or any interest therein, including any mineral rights.
(3) The board of governors of the Colorado state university system has the
power to lease any real property or any interest therein owned by it on behalf of any entity governed by it for mineral exploration, development, and production purposes, upon such terms and conditions as may be prescribed and contracted by the board in the exercise of its best judgment as being in the best interests of said entity. Any lease of mineral rights shall be for a term not to exceed ten years and so long thereafter as minerals are produced and shall provide for a royalty of not less than the royalty for current commercial agreements which are generally accepted as fair royalty returns, which royalty may be reduced proportionately under an appropriate provision in the lease if the interest in said board is less than a full interest in the land or mineral rights in the land described in the lease. All royalties received under lease agreements made pursuant to the authority of this section shall be remitted by the board of governors of the Colorado state university system to the state treasurer for deposit in the general fund. Whenever, in the opinion of the board and because of the size, shape, or current use of any tract of land owned by said board on behalf of any entity governed by it, any lease of such tract provides that no mineral development or production be conducted on the land covered thereby, such lease shall be for a term not to exceed ten years and so long thereafter as the board may share in royalties payable on account of the production of minerals from lands adjacent to such tract so leased.
(4) Whenever deemed by the board of governors of the Colorado state
university system to be in the best interests of any entity governed by it, the board may enter into a unit agreement on behalf of the entity, which unit agreement may provide for the pooling, unitization, or consolidation of acreage covered by any oil and gas lease executed by the board with other acreage for oil and gas exploration, development, and production purposes and also provide for the apportionment or allocation of royalties among the separate tracts of land included in the unit or pooling agreement on an acreage or other equitable basis, and the board may change, by such agreement and with the consent of the lessee under the lease, any or all of the provisions of any lease issued by it, including the term of years for which the lease was originally granted, in order to conform the lease to the terms and provisions of the unit or pooling agreement and to facilitate the efficient and economic production of oil and gas from the lands subject to such agreement.
(5) The leasing of real property or any interest therein held by the board of
governors of the Colorado state university system under the provisions of this section shall not be deemed to be a sale of such property.
(6) The board of governors of the Colorado state university system has the
power to exchange real property or any interest therein owned by the board on behalf of any entity governed by it for lands or interests in lands which the board, in the exercise of its best judgment, believes to be in the best interests of said entity in the furtherance of its programs.
(7) The authority of the board of governors of the Colorado state university
system to execute oil and gas or other mineral leases of lands owned by the board prior to June 3, 1977, is hereby confirmed and acknowledged, and no such lease heretofore executed by the board shall be invalid for want of such authority.
Source: L. 2007: Entire article amended with relocations, p. 518, � 1, effective
August 3. L. 2012: (1) amended, (HB 12-1220), ch. 100, p. 334, � 3, effective August 8.
Editor's note: This section is similar to former � 23-30-102 as it existed prior
to 2007.
C.R.S. § 23-60-104.5
23-60-104.5. Recommendations of governor's task force - legislative declaration - definitions. (1) The general assembly hereby finds and declares that:
(a) On December 23, 2003, by executive order, the governor established the
governor's task force to strengthen and improve the community college system;
(b) The task force was charged with evaluating the current structure of
governance and administration in the state system of community colleges and recommending reforms and cost savings to the governor, the Colorado commission on higher education, the board, and, if applicable, the general assembly;
(c) The task force met ten times and sponsored five public forums at
community colleges around the state;
(d) The task force made six recommendations to the governor along with a
two-year timeline for completing each recommendation and sending periodic reports to the governor;
(e) These recommendations were:
(I) Decreasing the administrative costs of the system office;
(II) Maintaining a central system office but restructuring its functions;
(III) Centralizing and standardizing the information technology functions of
the system office;
(IV) Decentralizing institutional research functions of the colleges;
(V) Restructuring of distance learning; and
(VI) Completing a comprehensive review of the administrative costs for
career and technical education;
(f) The task force recommended that any cost savings achieved from the
recommendations, pursuant to paragraph (a) of subsection (3) of this section, should go to program providers for enhancing services pursuant to paragraph (c) of subsection (3) of this section;
(g) The task force recommended that the board conduct a comprehensive
examination of the Lowry campus, including how to develop the land to its highest and best use and how any funds resulting from these changes may be invested in the classrooms of the state system of community colleges;
(h) The task force established a timeline for the board to follow and included
in that timeline periodic reports to the governor; and
(i) It is in the best interests of the public that some of these
recommendations be put into statute.
(2) As used in this section, unless the context otherwise requires:
(a) Colleges means the community colleges under the control of the board.
(b) System office means the office under the board that provides services
to all of the colleges.
(c) Task force means the governor's task force established pursuant to an
executive order dated December 23, 2003.
(3) (a) For the state fiscal year commencing on July 1, 2004, and ending on
June 30, 2005, the board shall reduce the state-funded administrative costs of the system office by at least twenty percent.
(b) The moneys available because of the reductions required by paragraph
(a) of this subsection (3) shall be used to finance the following recommendations of the task force:
(I) (A) The installation of a centralized, standardized, integrated, system-wide
information technology system solution for the colleges.
(B) On or before July 1, 2004, the board shall begin implementation of the
centralized, standardized, integrated, system-wide information technology configuration for the colleges. The implementation of the information technology configuration shall be substantially completed on or before June 30, 2006. The board and the colleges shall adopt best practices for all business processes.
(II) By January 1, 2005, the restructuring of distance learning at all colleges
by requiring the system office to provide and all colleges to use a common utility infrastructure and maintain a common standard for security and accreditation;
(III) (Deleted by amendment, L. 2005, p. 1016, � 10, effective June 2, 2005.)
(IV) By July 1, 2004, conducting a comprehensive review by the board of the
administrative costs for career and technical education.
(c) Any remaining moneys available because of the reductions required by
paragraph (a) of this subsection (3) after the financing of the recommendations specified in paragraph (b) of this subsection (3) shall be used in delivering classroom instruction and in support of the colleges.
(4) (a) On or before June 30, 2005, the state board shall develop a master
plan for the use, development, or sale of the real property at the Lowry campus, except for the property used by the community college of Aurora or the community college of Denver. Nothing in this section shall prevent the board from allowing a charter school to be located at the Lowry campus prior to the development of the master plan, and nothing in the master plan shall cause the displacement of a charter school.
(b) On or before June 30, 2006, the state board may enter into an agreement
with a third-party master developer to carry out the use, development, or sale of the real property for the Lowry campus.
(5) (a) As used in this subsection (5), unless the context otherwise requires,
net proceeds from the Lowry property means the proceeds from the sale, ground lease, or other disposition of the real estate interests of the state board at the Lowry campus, less the actual and reasonable costs of completing the transaction and less any unsatisfied debt or other obligation relating to such real estate interests.
(b) The net proceeds from the Lowry property may be maintained in an
account for use by the state board for capital-development-related projects at the system office or the colleges.
(6) On or before October 1, 2004, July 1, 2005, and July 1, 2006, the board
shall submit to the governor and to the education committees of the senate and house of representatives reports on the progress made in implementing the recommendations contained in this section.
Source: L. 2004: Entire section added, p. 1529, � 1, effective May 28. L. 2005:
(3)(a) and (3)(b)(III) amended, p. 1016, � 10, effective June 2.
C.R.S. § 23-71-122
23-71-122. Local college district board of trustees - specific powers - rules - definitions. (1) In addition to any other power granted by law to a board of trustees of a local college district, each board has the power to:
(a) Take and hold in the name of the district so much real and personal
property as may be reasonably necessary for any purpose authorized by law;
(b) Sue and be sued and be a party to contracts for any purpose authorized
by law;
(c) Purchase real property on such terms, including but not limited to
installment purchase plans, as the board sees fit or lease or rent real property on such terms as the board sees fit for any school sites, buildings, or structures or for any school purpose authorized by law; determine the location of each school site, building, or structure; and construct, erect, repair, alter, and remodel buildings and structures;
(d) Sell and convey district property for any purpose authorized by law, upon
such terms and conditions as it may approve; and lease any such property, pending sale thereof, under an agreement of lease, with or without an option to purchase the same;
(e) Rent or lease district property and permit the use of district property by
community organizations upon such terms and conditions as it may approve;
(f) Employ a chief executive officer to administer the affairs and the
programs of the district, pursuant to a contract;
(g) Procure group life, health, or accident insurance covering employees of
the district pursuant to section 10-7-203, C.R.S.;
(h) Provide for the necessary expenses of the board in the exercise of its
powers and the performance of its duties and reimburse a board member for necessary expenses incurred by him in the performance of his official duties, whether within or without the territorial limits of the district;
(i) Procure such insurance coverage on the building, structures, and
equipment owned by the district, or in which the district has an insurable interest, as, in the judgment of the board, may be adequate from time to time;
(j) Procure such casualty insurance coverage on the personal property
owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;
(k) Procure public liability insurance covering the district and the directors
and employees thereof;
(l) Procure liability and property damage insurance on buses or motor
vehicles owned or rented by the district and accident insurance covering the medical expenses incurred by any pupil who is injured while being furnished transportation by the district, including injury received in the course of entering or alighting from any school bus or other means of transportation furnished by the district;
(m) Elect to have moneys belonging to the district withdrawn from the
custody of the county treasurer and paid over to the treasurer of the board in the manner provided by law;
(n) Accept gifts, donations, or grants of any kind made to the district and
expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; but no gift, donation, or grant shall be accepted by the board if subject to any condition contrary to law;
(o) Authorize the use of facsimile signatures on teacher contracts, bonds,
and bond coupons by appropriate resolution;
(p) Take and hold, under the provisions of any law in effect providing for the
exercise of the rights of eminent domain, so much real estate as may be necessary for the location and construction of a local district college building and for the convenient use of said local district college;
(q) Contract with another local college district or public school district or
with the governing body of a state college or university, with the tribal corporation of any Indian tribe or nation, with any federal agency or officer or any county, city, or city and county, or with any natural person, body corporate, or association for the performance of any service, activity, or undertaking which any school may be authorized by law to perform or undertake. Such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the parties so contracting and shall provide that the service, activity, or undertaking be of comparable quality and meet the same requirements and standards as would be necessary if performed by the school district. A contract executed pursuant to this paragraph (q) may include, among other things, the purchase or renting of necessary building facilities, equipment, supplies, and employee services.
(r) Issue general obligation bonds, refund the same, and provide for the
payment thereof by taxation for the purposes, to the extent, and in the manner provided by parts 5 and 6 of this article and pledge the revenues of the district as additional security for the payment of general obligation bonds. Each local college district also has the power to issue general obligation refunding bonds to refund revenue bonds or to refund other revenue securities upon the approval of a majority of the eligible electors voting at an election called and held in the manner provided by part 5 of this article for elections on school building bonds.
(s) Cooperate with the state board for community colleges and occupational
education in carrying out the provisions of the national and state vocational education and rehabilitation acts, or amendments thereto, or any such acts providing for vocational education or vocational rehabilitation of individuals with disabilities;
(t) Enter into a contract for administrative services with a term not to exceed
five years, for capital outlay purposes in accordance with paragraph (c) of this subsection (1) and parts 5, 6, and 7 of this article, or for the purchase of real property pursuant to paragraph (c) of this subsection (1). Any such contract shall be valid and enforceable between the parties to the contract.
(u) Adopt written policies, rules, and regulations, not inconsistent with law,
which may relate to study, discipline, conduct, safety, and welfare of all students, or any classification of students, enrolled in the local district college and adopt written procedures not inconsistent with this article for the expulsion of or denial of admission to a student, which procedures shall afford due process to students and school personnel;
(v) (I) Determine the location of each school site, building, or structure and
construct, erect, repair, alter, rebuild, replace, and remodel buildings and structures without a permit or fee or compliance with a local building code. The authority delegated by this subparagraph (I) shall exist notwithstanding any authority delegated to or vested in any county, town, city, or city and county. Prior to the acquisition of land for school building sites or the construction of buildings thereon, the board of trustees of a local college district shall consult with the planning commission that has jurisdiction over the territory in which the site, building, or structure is proposed to be located, on issues related to the location of the site, building, or structure in order to ensure that the proposed site, building, or structure conforms to the adopted plan of the community insofar as is feasible. All buildings and structures shall be constructed in conformity with the building and fire codes adopted by the director of the division of fire prevention and control, referred to in this section as the division, in the department of public safety. The board shall notify the planning commission that has jurisdiction over the territory in which a site, building, or structure is proposed to be located, in writing, of the location of the site, building, or structure before awarding a contract for the purchase or the construction thereof.
(II) (A) This paragraph (v) shall apply to building or structure construction.
Except as specified in sub-subparagraph (A.5) of this subparagraph (II), the division shall conduct the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, perform all final inspections, and issue certificates of occupancy to assure that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division. Pursuant to this sub-subparagraph (A), the division may contract with third-party inspectors that are certified by the division in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. The local college district may hire and compensate third-party inspectors under contract with the division to perform inspections or hire and compensate other third-party inspectors that are certified in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. If the local college district is unable to obtain a third-party inspector and no building department has been prequalified, the division shall perform the required inspections. If a third-party inspector is used, the director of the division shall require a sufficient number of inspection reports to be submitted to the division based upon the scope of the project to ensure quality inspections are performed. The third-party inspector shall attest that inspections are complete before the local college district is issued a certificate of occupancy unless the criteria for a temporary certificate of occupancy are met. Inspection records shall be retained by the third-party inspector for two years after the certificate of occupancy is issued. If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the local college district pursuant to section 24-33.5-1213, C.R.S. If inspections are not complete and a building requires immediate occupancy, and if the local college district has passed the appropriate inspections that indicate there are no life safety issues, the division may issue a temporary certificate of occupancy. The temporary certificate of occupancy shall expire ninety days after the date of occupancy. If no renewal of the temporary certificate of occupancy is issued or a permanent certificate of occupancy is not issued, the building shall be vacated upon expiration of the temporary certificate. The division shall enforce this sub-subparagraph (A) pursuant to section 24-33.5-1213, C.R.S.
(A.5) Pursuant to a memorandum of understanding between the appropriate
building department and the division, the division may prequalify an appropriate building department to conduct the necessary plan reviews, issue building permits, conduct inspections, issue certificates of occupancy, and issue temporary certificates of occupancy pursuant to sub-subparagraph (A) of this subparagraph (II), to ensure that a building or structure has been constructed in conformity with the building and fire codes adopted by the director of the division, and to take enforcement action. Nothing in the memorandum of understanding shall be construed to allow the building department to take enforcement action other than in relation to the building and fire codes adopted by the division. An appropriate building department shall meet certification requirements established by the division pursuant to section 24-33.5-1213.5, C.R.S., prior to the prequalification. An affected local college district may, at its own discretion, opt to use a prequalified building department that has entered into a memorandum of understanding with the division as the delegated authority. If a building department conducts an inspection, the building department shall retain the inspection records for two years after the final certificate of occupancy is issued. The fees charged by the department shall cover actual, reasonable, and necessary costs. For purposes of this section, appropriate building department means the building department of a county, town, city, or city and county and includes a building department within a fire department.
(B) The division shall cause copies of the building plans to be sent to the
appropriate fire department for review of fire safety issues. The fire department shall review the building plans, determine whether the building or structure is in compliance with the fire code adopted by the director of the division, and respond to the division within twenty business days; except that the fire department may request an extension of this time from the director of the division on the basis of the complexity of the building plans.
(C) If the fire department declines to perform the plan review or any
subsequent inspection, or if no certified fire inspector is available, the division shall perform the plan review or inspection. As used in this section, certified fire inspector has the same meaning as set forth in section 24-33.5-1202 (2.5), C.R.S.
(D) If the building or structure is in conformity with the building and fire
codes adopted by the director of the division and if the fire department or the division certifies that the building or structure is in compliance with the fire code adopted by the director of the division, the division or the appropriate building department shall issue the necessary certificate of occupancy prior to use of the building or structure by the local college district.
(E) If the division authorizes building code inspections by a third-party
inspector pursuant to sub-subparagraph (A) of this subparagraph (II) or authorizes building code plan reviews and inspections by an appropriate building department pursuant to sub-subparagraph (A.5) of this subparagraph (II), the plan reviews and inspections shall be in lieu of any plan reviews and inspections made by the division; except that this subparagraph (II) shall not be construed to relieve the division of the responsibility to ensure that the plan reviews and inspections are conducted if the third-party inspector or appropriate building department does not conduct the plan reviews and inspections. Nothing in this paragraph (v) shall be construed to require a county, town, city, city and county, or fire department to conduct building code plan reviews and inspections.
(III) If the division conducts the necessary plan reviews and causes the
necessary inspections to be performed to determine that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division, the division shall charge fees as established by rule of the director of the division. Such fees shall cover the actual, reasonable, and necessary expenses of the division. Fees collected by the division pursuant to this subparagraph (III) shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund created pursuant to section 24-33.5-1207.7, C.R.S. The director of the division, by rule or as otherwise provided by law, may increase or reduce the amount of the fees as necessary to cover actual, reasonable, and necessary costs of the division. The rules authorized by this paragraph (v) shall be promulgated in accordance with article 4 of title 24, C.R.S.
(IV) Any moneys remaining as of December 31, 2009, in the public safety
inspection fund created in section 8-1-151, C.R.S., from fees collected by the division of oil and public safety in the department of labor and employment pursuant to subparagraph (III) of this paragraph (v) as it existed prior to January 1, 2010, shall be transferred to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S.
(V) The inspecting entity shall cooperate with the affected board of trustees
of a local college district in carrying out the duties of this section.
(VI) If the inspecting entity and the board of trustees of a local college
district disagree on the interpretation of the codes and standards of the division, the division shall set a date for a hearing as soon as practicable before the board of appeals in accordance with section 24-33.5-1213.7, C.R.S., and the rules adopted by the division pursuant to article 4 of title 24, C.R.S.
(VII) School buildings shall be maintained in accordance with the fire code
adopted by the director of the division pursuant to section 24-33.5-1203.5, C.R.S.
(w) Enter into a cooperative arrangement with the division of fire prevention
and control in the department of public safety to develop a system in which a qualified volunteer firefighter may receive a tuition voucher to attend courses at a local community college, including Aims community college and Colorado mountain college, in accordance with section 24-33.5-1216, C.R.S.
(1.5) Notwithstanding the provisions of subsection (1) of this section, if
Colorado Northwestern community college is accepted into the state system pursuant to section 23-71-207, the powers of the Rangely junior college district board of trustees shall be limited to those specified in section 23-71-207 (3)(a)(V).
(2) Nothing in this section shall authorize a local college district to expend
proceeds from the sale of general obligation or revenue bonds issued by said district to procure or erect a school or other building beyond the territorial limits of the district.
Source: L. 75: Entire article added, p. 756, � 1, effective July 1. L. 83: (1)(t)
amended and (1)(v) added, p. 820, � 3, effective July 1. L. 85: (1)(t) amended, p. 734, � 6, effective May 31. L. 86: IP(1), (1)(c), (1)(h) to (1)(j), (1)(m), (1)(n), and (1)(v) amended, p. 852, � 23, effective July 1; (1)(v) amended, p. 500, � 119, effective July 1. L. 92: (1)(r) amended, p. 857, � 65, effective January 1, 1993. L. 98: (1.5) added, p. 902, � 4, effective May 26. L. 2001: (1)(v) amended, p. 1140, � 69, effective June 5. L. 2006: (1)(v) amended, p. 1359, � 4, effective July 1. L. 2008: (1)(v)(II), (1)(v)(III), (1)(v)(IV), and (1)(v)(VII) amended, p. 1088, � 2, effective August 5. L. 2009: (1)(w) added, (SB 09-021), ch. 414, p. 2288, � 2, effective August 5; (1)(v)(I), (1)(v)(II)(A), (1)(v)(II)(A.5), (1)(v)(II)(B), (1)(v)(II)(C), (1)(v)(II)(D), (1)(v)(III), (1)(v)(IV), (1)(v)(VI), and (1)(v)(VII) amended, (HB 09-1151), ch. 230, p. 1049, � 2, effective January 1, 2010. L. 2011: (1)(v)(II)(A) amended, (SB 11-251), ch. 240, p. 1044, � 5, effective June 30. L. 2012: (1)(v)(I) and (1)(w) amended, (HB 12-1283), ch. 240, p. 1132, � 43, effective July 1. L. 2014: IP(1) and (1)(s) amended, (SB 14-118), ch. 250, p. 985, � 19, effective August 6. L. 2018: (1)(d) and (1)(e) amended, (HB 18-1366), ch. 258, p. 1587, � 1, effective August 8.
Editor's note: Amendments to subsection (1)(v) in Senate Bill 86-12 and
House Bill 86-1133 were harmonized.
Cross references: For the legislative declaration in the 2012 act amending
subsections (1)(v)(I) and (1)(w), see section 1 of chapter 240, Session Laws of Colorado 2012.
C.R.S. § 23-71-207
23-71-207. Colorado Northwestern community college - approval of plan - date of entry into system - continuation of mill levy. (1) (a) The general assembly hereby approves the plan submitted by Colorado Northwestern community college pursuant to section 23-71-203, referred to in this section as the plan. Contingent upon approval of the plan at the November 1998 general election and enactment of an appropriation of general fund moneys to the board for allocation to Colorado Northwestern community college, whether in an annual general appropriations bill or by supplemental appropriation, the general assembly approves the entry of Colorado Northwestern community college into the state system of community and technical colleges.
(b) (I) Notwithstanding the provisions of sections 23-71-202 (4) and 23-71-204 (4), the ballot question submitted to the voters of the Rangely junior college
district for the approval of the plan at the 1998 general election shall be:
Shall Colorado Northwestern community college join the state system of
community and technical colleges upon enactment of an appropriation to fund Colorado Northwestern community college as a part of the state system of community and technical colleges, and shall the Rangely junior college district continue to collect property taxes after the appropriation is enacted in the amount of five mills, until such time as the Rangely junior college district board and the voters of the Rangely junior college district approve an increase in the mill levy, for tuition, supplemental program funding, and capital construction purposes plus the mill levy required for the continuation of the debt service on outstanding general obligation bonds previously approved by voters, and shall all assets be transferred to the state board for community colleges and occupational education, and provision be made for meeting all liabilities as provided in the plan?
Yes ___ No ___.
(II) At the 1998 general election, the voters of the Moffat county affiliated
junior college district shall decide the following question:
If the majority of the voters of the Rangely junior college district approve
Colorado Northwestern community college joining the state system of community and technical colleges and an appropriation is enacted for such purpose, shall the Moffat county affiliated junior college district, as part of the area served by Colorado Northwestern community college pursuant to the plan, continue to collect property taxes through the 2008 property tax year in the amount of three mills, until such time as the Moffat county affiliated junior college district board and the voters of the Moffat county affiliated junior college district approve an increase in the mill levy, for tuition, supplemental program funding, and capital construction purposes?
Yes ___ No ___.
(2) (a) Notwithstanding the provisions of section 23-71-203 (1), if the plan is
approved by a majority of the voters in the Rangely junior college district and if moneys are appropriated as provided in subsection (1) of this section, Colorado Northwestern community college shall enter the state system of community and technical colleges on the effective date of the appropriation. The Rangely junior college district shall continue as provided in subsection (3) of this section. If a majority of the voters of the Moffat county affiliated junior college district approve the measure set forth in subparagraph (II) of paragraph (b) of subsection (1) of this section, the Moffat county affiliated junior college district shall continue as provided in subsection (4) of this section.
(b) Upon entry into the state system of community and technical colleges:
(I) Colorado Northwestern community college shall be under the
management and control of the board;
(II) The assets and liabilities of Colorado Northwestern community college
shall be transferred to the board in accordance with the plan; and
(III) The educational facilities of Colorado Northwestern community college
shall be immediately eligible for state controlled maintenance funds.
(3) (a) In the 1998 general election, voters of the Rangely junior college
district approved a plan for Colorado Northwestern community college to join the state system for community colleges and occupational education, the collection of up to five mills of property taxes, and the indefinite continuation of Rangely junior college district with the following authority:
(I) The Rangely junior college district remains in existence but not as a local
college district under this article 71;
(II) Notwithstanding any other provision of this part 2 to the contrary, the
Rangely junior college district shall continue to collect property tax and specific ownership tax in the district. The Rangely junior college district in December, 1999, shall initially levy five mills for the purposes specified in subparagraph (III) of this paragraph (a) in addition to the mill levy required for debt service on outstanding general obligation bonds previously approved by voters;
(III) The Rangely junior college district shall use the revenues collected
pursuant to this subsection (3), other than those collected for outstanding general obligation bonds previously approved, to:
(A) Assist residents of the Rangely junior college district who are enrolled at
Colorado Northwestern community college in defraying increases in tuition that may result from entry into the state system of community and technical colleges;
(B) Provide supplemental funding to the state for the operating costs of
current or future programs offered by Colorado Northwestern community college;
(C) Erect new or renovate existing facilities for Colorado Northwestern
community college; and
(D) Provide capital funding for technology enhancement and supplemental
equipment for Colorado Northwestern community college;
(IV) All assets and liabilities of the Rangely junior college district shall be
transferred to the board; except that the outstanding general obligation bonds and associated debt service assets and liabilities of the Rangely junior college district in existence as of June 30, 1999, shall remain with such district and the Rangely junior college district shall administer the mill levy for the retirement of said bonds pursuant to section 23-71-204 (5);
(V) Notwithstanding section 23-71-122, the Rangely junior college district
board of trustees has only the powers necessary to levy taxes and distribute the revenues generated therefrom in accordance with the purposes listed in subsection (3)(a)(III) of this section and the powers enumerated in section 23-71-122 (1)(b), (1)(d), (1)(h), (1)(k), (1)(m), (1)(n), and (1)(q);
(VI) The Rangely junior college district board of trustees shall not have
employees;
(VII) Notwithstanding section 23-71-123, the Rangely junior college district
board of trustees has only the duty to prepare and adopt a budget pursuant to part 1 of article 44 of title 22 and any additional duties enumerated in the plan;
(VIII) The Rangely junior college district board of trustees is authorized to
execute any instrument necessary to convey title for the Rangely campus of Colorado Northwestern community college to the board; and
(IX) The Rangely junior college district board of trustees continues to consist
of five members elected by voters in the Rangely junior college district who serve four-year staggered terms, with a limit of two consecutive terms. The board is subject to the requirements of the Colorado Open Records Act, part 2 of article 72 of title 24, and the open meetings law, part 4 of article 6 of title 24.
(b) Upon the future dissolution of the Rangely junior college district, any
assets remaining as of the date of dissolution shall be transferred to the board.
(4) (a) (I) In the 1998 general election, voters of the Moffat county affiliated
junior college district approved a plan for Colorado Northwestern community college to join the state system for community colleges and occupational education, the collection of up to three mills of property taxes through the 2008 property tax year, and the dissolution of the Moffat county affiliated junior college district on January 1, 2009. In the 2006 general election, pursuant to subsection (5) of this section, voters of the Moffat county affiliated junior college district approved the collection of up to three mills of property taxes and the indefinite continuation of the Moffat county affiliated junior college district. The Moffat county affiliated junior college district shall use the tax money collected pursuant to this subsection (4)(a)(I) to:
(A) Assist residents of the Moffat county affiliated junior college district who
are enrolled at Colorado Northwestern community college in defraying increases in tuition that may result from entry into the state system of community and technical colleges;
(B) Provide supplemental funding to the state for the operating costs of
current or future programs offered by Colorado Northwestern community college;
(C) Erect new or renovate existing facilities for Colorado Northwestern
community college;
(D) Provide capital funding for technology enhancement and supplemental
equipment for Colorado Northwestern community college; and
(E) Provide for the operating costs of the facilities owned by the Moffat
county affiliated junior college district.
(II) The Moffat county affiliated junior college district is not a local college
district under this article 71 and the Moffat county affiliated junior college district board has only the powers necessary to levy taxes and distribute the revenues generated therefrom in accordance with the purposes listed in subsection (4)(a)(I) of this section.
(III) The Moffat county affiliated junior college district board shall not have
employees.
(IV) All assets and liabilities of the Moffat county affiliated junior college
district are transferred to the board except the revenues generated pursuant to subsection (4)(a)(I) of this section, those assets specified in the plan, and revenues generated from certain real estate owned by the Moffat county affiliated junior college district as of January 1, 2019.
(V) Repealed.
(VI) The Moffat county affiliated junior college district board had the
authority to convey a certain parcel of land to the board for the Craig campus on January 11, 2010, and has the authority to execute any instrument necessary to quiet title to that parcel.
(VII) The Moffat county affiliated junior college district board has the
authority to hold and sell land in its ownership as of January 1, 2009, so long as the sale of any land satisfies the following requirements:
(A) The sale is for at least a fair market value as determined by an
independent appraiser; and
(B) Proceeds from the sale are used in accordance with subsection (4)(a)(I) of
this section.
(VIII) The Moffat county affiliated junior college district board continues to
consist of five members elected by voters in the Moffat county affiliated junior college district who serve four-year staggered terms, with a limit of two consecutive terms. The board is subject to the requirements of the Colorado Open Records Act, part 2 of article 72 of title 24, and the open meetings law, part 4 of article 6 of title 24.
(b) Repealed.
(5) (a) At the 2006 general election, the voters of the Moffat county
affiliated junior college district shall decide the following question:
Shall the Moffat county affiliated junior college district, as part of the area
served by Colorado Northwestern community college, continue indefinitely to collect property taxes in the amount of up to three mills, until such time as the Moffat county affiliated junior college district board and the voters of the Moffat county affiliated junior college district approve an increase in the mill levy, for tuition, supplemental program funding, and capital construction purposes?
Yes ___ No ___.
(b) If the ballot question set forth in paragraph (a) of this subsection (5) is
rejected by the voters at the 2006 general election, the Moffat county affiliated junior college district board may resubmit the ballot question set forth in paragraph (a) of this subsection (5) to the voters of the Moffat county affiliated junior college district in the 2007 general election. If the ballot question set forth in paragraph (a) of this subsection (5) is rejected by the voters at the 2006 or 2007 general election, the Moffat county affiliated junior college district board may resubmit the ballot question set forth in paragraph (a) of this subsection (5) to the voters of the Moffat county affiliated junior college district in the 2008 general election.
(c) If a majority of voters of the Moffat county affiliated junior college
district approve the measure set forth in subsection (5)(a) of this section, then, notwithstanding subsection (4)(a)(I) of this section, the Moffat county affiliated junior college district shall not dissolve on January 1, 2009, but shall continue to exist and shall continue to collect property tax in the initial amount of three mills. The Moffat county affiliated junior college district shall use the property tax money collected pursuant to this subsection (5)(c) as provided in subsections (4)(a)(I)(A) to (4)(a)(I)(E) of this section.
(d) If a majority of the voters of the Moffat county affiliated junior college
district approve the measure set forth in paragraph (a) of this subsection (5), the Moffat county affiliated junior college district board shall continue to exist subject to the restrictions specified in subparagraphs (II) and (III) of paragraph (a) of subsection (4) of this section.
(e) If a majority of the voters of the Moffat county affiliated junior college
district do not approve the measure set forth in paragraph (a) of this subsection (5), then the Moffat county affiliated junior college district shall dissolve on January 1, 2009, as provided in subparagraphs (I) and (V) of paragraph (a) of subsection (4) of this section.
Source: L. 98: Entire section added, p. 897, � 1, effective May 26. L. 2006: (5)
added, p. 162, � 1, effective March 31. L. 2020: IP(3)(a), (3)(a)(I), (3)(a)(III)(C), (3)(a)(V), (3)(a)(VI), (3)(a)(VII), IP(4)(a)(I), (4)(a)(I)(C), (4)(a)(II), (4)(a)(III), (4)(a)(IV), and (5)(c) amended, (3)(a)(VIII), (3)(a)(IX), (4)(a)(VI), (4)(a)(VII), and (4)(a)(VIII) added, and (4)(a)(V) and (4)(b) repealed, (HB 20-1067), ch. 47, p. 161, � 1, effective September 14.
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. § 24-103-1003
24-103-1003. Disparity study - report. (1) (a) The executive director shall commission a state disparity study regarding the participation of historically underutilized businesses in state contracts entered into by all principal departments of the executive branch of state government as specified in section 24-1-110, including any division, office, agency, or other unit created within a principal department and including institutions of higher education and the Colorado commission on higher education; except that the study shall not include those entities that have elected to be exempt from the code pursuant to section 24-101-105 (1)(b). The study shall include state contracts entered into during the 2014-15, 2015-16, 2016-17, and 2017-18 state fiscal years.
(b) (I) The study must be conducted, and a final report prepared, by an entity
independent of the department that is selected in response to a request for proposal issued in accordance with this code.
(II) The entities subject to the study pursuant to subsection (1)(a) of this
section shall cooperate fully with the independent contractor engaged to conduct the study.
(c) The study and final report setting forth the study's methodologies,
findings, and recommendations must be provided by December 1, 2020, to:
(I) The members of the general assembly; and
(II) The executive director, who shall transmit a copy of the disparity study
final report produced pursuant to this section to the director of the minority business office created in section 24-49.5-102, which shall post the report on that office's official website.
(d) The executive director or the executive director's designee shall include
the findings and recommendations from the final report required by subsection (1)(c) of this section in its report to the applicable house and senate committees of reference required by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
(2) (a) The purposes of the disparity study undertaken pursuant to this
section are:
(I) To determine whether there is a disparity between the number of qualified
historically underutilized businesses that are ready, willing, and able to perform state contracts for goods and services, and the number of such contractors actually engaged to perform such contracts, which information must be ascertained by evaluating the prime contracts and subcontracts awarded in the following industries:
(A) Construction, including new construction, remodeling, renovation,
maintenance, demolition and repair of any public structure or building, pipeline construction, and other public improvements;
(B) Architecture and engineering, including construction management,
landscape architecture, planning, surveying, mapping services, and design, build, and construction services;
(C) Professional services, including legal services, accounting, information
technology services, medical services, technical services, research planning, and consulting services;
(D) Brokerage and investment, including banking, asset management, state
retirement, and pension services; and
(E) Goods and services that may be provided or performed without
professional licensure or special education or training, including, but not limited to, goods and services relating to materials, supplies, equipment, maintenance, personnel, pharmaceuticals, and food;
(II) To determine whether, of the total amount spent on state contracts in a
fiscal year, there is a disparity between the percentage of spending attributable to contracts awarded to qualified historically underutilized businesses and the percentage of state contracts that were awarded to historically underutilized businesses in that fiscal year; and
(III) To determine what changes, if any, should be made to state policies
affecting historically underutilized businesses.
(b) The disparity study must specifically include the following analyses, both
for the historically underutilized businesses as a group and for each subgroup, as set forth in section 24-103-1002 (3)(a)(II):
(I) A prime contractor utilization analysis that presents the distribution of
prime contracts by industry;
(II) A subcontractor utilization analysis that presents the distribution of
subcontracts by the industries described in subsection (2)(a)(I) of this section;
(III) A market area analysis that presents the legal basis for the geographical
market area determination and defines the state's market area;
(IV) A prime contractor and subcontractor availability analysis that presents
the distribution of available businesses in the state's market area;
(V) A prime contractor disparity analysis that presents prime contractor
utilization compared to prime contractor availability by industry and determines whether the comparison is statistically significant;
(VI) A subcontractor disparity analysis that presents subcontractor
utilization compared to subcontractor availability by industry and determines whether the comparison is statistically significant;
(VII) A qualitative analysis that presents the business community's
experiences and perceptions of barriers encountered in contracting or attempting to contract with the state; and
(VIII) Recommendations regarding best management practices and ways to
enhance Colorado's contracting and procurement activities with historically underutilized businesses.
(c) (I) Any conclusion that discrimination-related disparity exists between the
availability and utilization of historically underutilized businesses must be supported by statistical evidence and may be supplemented or supported by anecdotal evidence.
(II) If the analysis supports a finding that such disparity exists, the report
must include recommendations to address the disparity, including any statutory changes likely to cure, mitigate, or redress such disparity. Any proposed remedial measures must be tailored to address documented statistical disparities in procurement policies.
(3) The general assembly may annually appropriate to the department of
personnel such amount as it deems appropriate for the purposes specified in this part 10. Any unexpended and unencumbered money from an appropriation made for the purposes of this part 10 remains available for expenditure by the department for the purposes of this part 10 in the next fiscal year without further appropriation.
Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3415, � 1, effective
July 1.
C.R.S. § 24-103-1102
24-103-1102. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) When it enacted Senate Bill 19-135 in 2019, it found, determined and
declared, in section 24-103-1001, the importance of ensuring an equitable state procurement process;
(b) As required by Senate Bill 19-135, the department contracted with an
entity independent of the department to conduct a state disparity study regarding the participation of historically underutilized businesses, which included a review of minority-owned businesses, women-owned businesses, businesses owned by persons with disabilities, and businesses owned by members of the lesbian, gay, bisexual, and transgender community, in state contracts entered into by any department, agency, or institution of the executive branch of state government;
(c) The state disparity study examined whether a disparity exists between
the percentage of state contract dollars going to historically underutilized businesses and the percentage that might be expected to go to those businesses based on the relative number of those businesses that are ready, willing, and able to perform different types, sizes, and locations of state contracts;
(d) The independent entity completed the required state disparity study and
issued the 2020 state of Colorado disparity study final report in November 2020, which found that:
(I) Minority-owned and women-owned businesses received about eight
percent of state contract dollars, below the twenty-eight percent expected from the availability analysis;
(II) Utilization of firms owned by persons with disabilities was less than one
percent of contract dollars, below the twelve percent expected from the availability analysis;
(III) A very small percentage of contract dollars went to businesses certified
as being owned by members of the lesbian, gay, bisexual, and transgender community (LGBT-certified businesses), but because a very small number of businesses in the availability analysis were LGBT-certified businesses, that utilization is comparable to the availability benchmark for LGBT-certified businesses;
(IV) There was a substantial disparity between utilization and availability for
firms owned by African American persons, Hispanic American persons, Native American persons, white women, and persons with disabilities for state construction, construction-related professional services, other professional services, goods and other services contracts;
(V) There was a substantial disparity for businesses owned by Asian
American persons for other professional services contracts; and
(VI) For state brokerage and investment contracts, there were substantial
disparities between utilization and availability of businesses owned by African American persons, Hispanic American persons, Native American persons, and white women;
(e) As detailed in the state disparity study report, the results of the study
indicate that disparities between availability of historically underutilized businesses and utilization of such businesses exists in state contracting;
(f) Although the state is already endeavoring to help small businesses obtain
state contracts, it is doing so with limited tools and resources;
(g) The disparities identified in the state disparity report are likely to persist
unless further action is taken; and
(h) The state disparity study report recommended that the general assembly
consider enacting legislation to authorize and fund a procurement equity program to address the specific disparities shown in the state disparity study report for historically underutilized businesses based on industry and business ownership.
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3046, � 1,
effective June 8.
C.R.S. § 24-103-1103
24-103-1103. Definitions. As used in this part 11, unless the context otherwise requires:
(1) Construction-related professional services means services with
architecture and engineering, surveying, real estate consulting, and related work.
(2) Disparity means an inequality, difference, or gap between an actual
outcome and a reference point or benchmark.
(3) Disparity index means a measure of the relative difference between an
outcome, such as percentage of contract dollars received by a group, and a corresponding benchmark, such as the percentage of contract dollars that might be expected given the relative availability of that group for those contracts. In this example, disparity index is calculated by dividing a numerator of percent utilization by a denominator of percent availability and then multiplying the result by 100. A disparity index of 100 indicates parity or utilization on par with availability. Disparity index figures closer to 0 indicate larger disparities between utilization and availability.
(4) Historically underutilized business means an entity:
(a) That is a business, for-profit corporation, sole proprietorship, partnership,
or joint venture that is more than fifty percent owned by one or more individuals who are:
(I) United States citizens or permanent resident aliens; and
(II) One or more of the following:
(A) Members of a racial or ethnic minority group; except that a business
owned by Asian American persons is a historically underutilized business only with respect to state procurement for other professional services contracts, as that term is defined in the state disparity study;
(B) Non-Hispanic Caucasian women; or
(C) Persons with disabilities; and
(b) For which the minority ownership controls both the management and day-to-day business decisions.
(5) Industry means businesses within one of the following economic
sectors:
(a) Construction;
(b) Construction-related professional services;
(c) Brokerage and investment;
(d) Other professional services; and
(e) Goods and other services.
(6) Minority business office means the minority business office created in
section 24-49.5-102.
(7) Office means the office of economic development created in section
24-48.5-101 (1).
(8) Persons with disabilities means persons who:
(a) Have physical or mental impairments, or both, that substantially limit one
or more major life activities;
(b) Are regarded generally by the community as having a disability; and
(c) Whose disabilities substantially limit their abilities to engage in
competitive business.
(9) Prime contract means a contract between the state and a business.
(10) Prime contractor means a construction business that performs a prime
contract for the state.
(11) Procurement technical assistance center means the entity through
which a procurement technical assistance program is provided.
(12) Procurement technical assistance program has the same meaning as
set forth in section 24-48.5-121 (2)(d).
(13) Professional services means types of work in the service sector
requiring special training. Some professional services such as accounting and law, require holding professional licenses.
(14) Program means the state procurement equity program established in
section 24-103-1104 (1).
(15) Racial or ethnic minority group means individuals who belong to one or
more racial or ethnic groups identified in 49 CFR Section 26.5:
(a) African American persons, including persons having origins in any of the
black racial groups of Africa;
(b) Hispanic American persons, including persons of Mexican, Puerto Rican,
Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(c) Asian American persons, including persons whose origins are from Japan,
China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories of the Pacific, or the Northern Mariana Islands; or persons whose origins are from subcontinent Asia, including persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal; or
(d) Native American persons, including persons who are American Indians,
Eskimos, Aleuts, or Hawaiians of Polynesian descent.
(16) Remedial measure means an action designed to address barriers to
full participation of a targeted group.
(17) Small business means a business that qualifies as a small business
pursuant to 13 CFR 121.
(18) Small business development center has the same meaning as set forth
in section 24-48.5-121 (2)(f).
(19) Solicitation assistance means the provision of real-time responses to
questions asked by potential contractors who seek guidance as to how best to respond to solicitations for state contracts, including guidance regarding availability of opportunities, interpretation of solicitation documents, and solicitation response procedures and best practices. Solicitation assistance does not include guidance specific to a particular solicitation for a state contract that could reasonably be expected to provide an unfair advantage to the potential contractor over other potential contractors responding to the solicitation.
(20) State disparity study or study means the study regarding the
participation of historically underutilized businesses in state contracts entered into by all principal departments of state government that was commissioned by the executive director as required by section 24-103-1003.
(21) State disparity study report or report means the 2020 State of
Colorado Disparity Study Final Report published in November 2020.
(22) Subcontractor means any person who is a party to an agreement with
a prime contractor for the purpose of performing a portion of the work that the prime contractor is obliged to perform or have performed under a contract.
(23) Substantial disparity means a disparity where the disparity index is
less than 80, which can indicate evidence of discrimination affecting the outcome.
(24) Utilization means the percentage of total contract dollars of a
particular type of work going to a specific group of businesses.
(25) Women-owned business or WBE means a business that is at least
fifty-one percent owned and controlled by one or more individuals that are non-minority women.
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3048, � 1,
effective June 8.
C.R.S. § 24-103-1105
24-103-1105. State procurement equity program implementation - stakeholder group - recommendations - report - legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) The state seeks recommendations from state procurement stakeholders,
as convened pursuant to subsection (2) of this section for the implementation of remedial measures, including remedial measures using procurement equity tools, and quantification of the amount of additional funding and personnel required to both implement specific remedial measures and fully implement the program; and
(b) To support the intent of the general assembly in enacting this part 11, the
remediation of disparities in state procurement, through thoughtful, efficient, and effective implementation of the program that takes into account the professional expertise and lived experience of state procurement stakeholders as convened pursuant to subsection (2) of this section, it is necessary, appropriate, and in the best interest of the state to require the department to convene, contract with a facilitator to facilitate discussion among, engage in consultation with, and strongly consider the formal policy recommendations of a stakeholder group that may be comprised, to the extent practicable, of representatives of historically underutilized businesses and small businesses, governmental entities, federal and local organizations that provide procurement technical assistance or outreach to historically underutilized businesses and small businesses, and such other persons with relevant professional experience, including government procurement and government contracting experience as the department deems appropriate.
(2) The department shall convene, contract with a facilitator to facilitate
discussion among, and engage in consultation with a stakeholder group, which, to the extent practicable may consist of:
(a) The following state government employees:
(I) An employee of the department who has extensive experience and
expertise in state procurement;
(II) An employee of the office who has been involved in the office's
administration of or is otherwise knowledgeable about the procurement technical assistance program, the small business COVID-19 grant program created in section 24-48.5-126, or the COVID-19 relief for disproportionately impacted businesses program created in section 24-48.5-127;
(III) An employee of the minority business office; and
(IV) An employee of the department of transportation who has significant
experience and expertise regarding the department of transportation's civil rights programs that establish, administer, and enforce the department of transportation's diversity, equity, and inclusion requirements for engineers, contractors, consultants, local agencies, and transit providers;
(b) An employee of the city and county of Denver's division of small business
opportunity who has significant experience and expertise regarding the programs and operation of the division;
(c) An employee of the procurement technical assistance center;
(d) An owner or high-level employee of each of the following types of
historically underutilized businesses:
(I) A business owned by one or more women;
(II) A business owned by one or more African American persons;
(III) A business owned by one or more Asian American persons;
(IV) A business owned by one or more Hispanic American persons;
(V) A business owned by one or more Native American persons; and
(VI) A business owned by one or more persons with disabilities;
(e) To the extent practicable, an owner or high-level employee of each of the
following types of businesses that are not historically underutilized businesses and that have competed for or been awarded state contracts:
(I) A small business;
(II) A business that is not a small business but that has fewer than five
hundred employees and a demonstrable record of successful engagement and contracting with small businesses;
(III) A business that has more than five hundred employees and a
demonstrable record of successful engagement and contracting with small businesses; and
(IV) With consideration for the volume of construction contracts awarded
annually by the state, a representative of the associated general contractors; and
(f) Any other individuals who have a demonstrable commitment to furthering
equity in government procurement and substantial knowledge of procurement equity best practices who the department deems necessary or appropriate to include in the stakeholder group.
(3) The stakeholder group convened as required by subsection (2) of this
section shall:
(a) Closely examine the findings, conclusions, and recommendations in the
state disparity study report;
(b) Using the information in the state disparity study report as a baseline for
studying procurement equity programs in other states and at the federal and large local government level, identify best practices for successful procurement equity program implementation and administration; and
(c) No later than November 1, 2023, present to the department a report of
specific findings, remedial measures, and recommendations that includes, at a minimum:
(I) Prioritization of the recommendations outlined in the state disparity study
report. The prioritization may include written explanations of recommendations that specify whether recommendations in the report will be implemented and the remedial measures that will be taken to support program implementation in a manner that is sufficiently comprehensive to meet the state's goal of reducing disparities between the availability of historically underutilized businesses and their utilization in state procurement and increasing such utilization.
(II) Confirmation or refutation of the disparity study report finding of no
substantial disparity between available and utilized lesbian, gay, bisexual, and transgender businesses;
(III) Confirmation or refutation of the disparity study report finding of no
substantial disparity between availability and utilization of businesses owned by Asian American persons for construction, construction-related professional services, goods and other services contracts, brokerage, and investment;
(IV) A preliminary estimate of the amount of initial and ongoing funding,
personnel, information technology resources, and other resources needed to implement the policy recommendations and remedial measures in accordance with subsection (3)(b) of this section;
(V) A step-by-step timeline for full implementation of the program;
(VI) Suggested methodologies and metrics for monitoring and evaluating the
success of the program and ensuring program accountability; and
(VII) Identification of any public or private sources of funding or other
resources that may be available to expedite the implementation or ongoing administration of the program and reduce costs to the state.
(4) The department shall report on the progress and policy recommendations
and any suggested remedial measures of the stakeholder group, the preliminary plans, recommendations, and remedial measures that the department has taken regarding the full implementation of the program, and any recommendations that the department has regarding the need for related legislation during its January 2025 annual presentation to legislative oversight committees required by section 2-7-203 (2)(a). In preparation for the presentation, the department shall give strong consideration to the policy recommendations report provided by the stakeholder group as required by subsection (3)(c) of this section.
Source: L. 2022: Entire part added, (SB 22-163), ch. 433, p. 3052, � 1,
effective June 8.
ARTICLE 103.5
Contract Performance
24-103.5-101. Monitoring of vendor performance - definitions. (Repealed)
Source: L. 2007: Entire article added, p. 1238, � 3, effective August 3. L.
2010: (1) and (7)(a) amended, (SB 10-003), ch. 391, p. 1853, � 32, effective June 9. L. 2017: Entire section repealed, (HB 17-1051), ch. 99, p. 354, � 76, effective August 9.
Editor's note: This section was relocated to � 24-106-107 in 2017.
ARTICLE 104
Specifications
PART 1
DEFINITIONS
C.R.S. § 24-117-105
24-117-105. General powers. (1) In addition to any other powers granted to the authority in this article 117, the authority has the powers to:
(a) Have the duties, privileges, immunities, rights, liabilities, and disabilities
of a body corporate and political subdivision of the state;
(b) Have perpetual existence and succession;
(c) Adopt, alter, have, and use a seal;
(d) Sue and be sued;
(e) Acquire office space, equipment, services, supplies, and insurance
necessary to carry out the purposes of this article 117;
(f) Fix the time and place at which its regular and special meetings are to be
held;
(g) Adopt, amend, or repeal bylaws, policies, and procedures consistent with
the provisions of this article 117, including policies and procedures regarding the definition and interpretation of terms used in this article 117. Nothing in this subsection (1)(g) grants the authority the power to redefine terms that are already defined in this article 117.
(h) Appoint agents, employees, and professional and business advisers,
including real estate professionals, construction companies, property managers, attorneys, accountants, and financial advisers as necessary to accomplish the purposes of this article 117, and to fix the compensation of such agents, employees, and advisers, and to establish the powers and duties of all agents, employees, and advisers, as well as any other person contracting with the authority to provide services, including termination of employment or the contract for services; except that the authority may contract with the officers, personnel, and consultants of the state treasurer to perform any or all activities specified in this article 117;
(i) Make and execute agreements, contracts, and other instruments
necessary or convenient in the exercise of the powers and functions of the authority under this article 117, including contracts with any person, firm, corporation, municipality, state agency, county, or other entity. All municipalities, counties, and state agencies may enter into and do all things necessary to perform any such arrangement or contract with the authority.
(j) Utilize available money for administrative costs;
(k) Establish advisory committees;
(l) Borrow money through the issuance of bonds and other securities as
provided in this article 117;
(m) Enter into interest rate exchange agreements for bonds in accordance
with section 24-117-106;
(n) Acquire, hold, and sell loan obligations at prices and through methods
deemed advisable by the board;
(o) Contract for and to accept any gifts, grants, and loans of money,
property, or any other aid in any form from the federal government, the state, any state agency, or any other source or any combination thereof, and to comply, subject to the provisions of this article 117, with the terms and conditions of such contracts for the acceptance of such items;
(p) Secure insurance, guarantees, or other forms of collateral or credit
support for issued bonds or securities;
(q) Invest and deposit money in accordance with section 24-117-111;
(r) Finance or participate in the financing of eligible projects, or any interest
therein, except for any projects that are within the statutory authority of the Colorado housing and finance authority;
(s) Facilitate the funding of infrastructure projects, and in so doing, the
authority must prioritize assisting infrastructure projects that satisfy the criteria identified in section 24-117-112 (5);
(t) Charge to and collect from state agencies and persons fees and charges
in connection with the authority's loans or other services, including but not limited to fees and charges sufficient to reimburse the authority for all reasonable costs necessarily incurred by the authority in connection with carrying out the purpose and intent of this article 117 and the establishment and maintenance of reserves or other money, as the authority may determine to be reasonable;
(u) Collect debts owed to the authority, including through necessary legal
actions; and
(v) Have and exercise all rights and powers necessary, incidental to, or
implied from the specific powers granted in this article 117, which specific powers shall not be considered as a limitation on any power necessary or appropriate to carry out the purposes and intent of this article 117.
(2) The authority shall develop policies and procedures as necessary for the
implementation of this article 117.
(3) The authority shall engage with under-represented communities and
organizations.
(4) The authority shall engage in responsible contracting and labor
practices.
(5) (a) The authority shall comply with all applicable federal laws governing
the use of federal funds, including, without limitation, statutes and regulations governing:
(I) Any conditions or limitations on expenditures;
(II) Reporting; and
(III) The commingling of federal funds.
(b) Earnings made in connection with this article 117 on balances in any
federal accounts must be credited and invested in accordance with federal law. Earnings made in connection with this article 117 on any state and local money must be deposited in the same fund to the credit of the account that generates the earnings.
(6) The authority shall follow all applicable federal and state prevailing wage
and apprenticeship utilization statutory and regulatory requirements, including:
(a) The federal Davis-Bacon Act, 40 U.S.C. sec. 3141 et seq., and related
federal acts;
(b) Where applicable, the federal Inflation Reduction Act of 2022, United
States Code, title 26, including but not limited to sections 30C, 45, 45B, 45L, 45Q, 45U, 45V, 45X, 45Y, 45Z, 48, 48C, 48E, and 179D, and associated implementing rules and guidance promulgated by the United States department of the treasury and the United States internal revenue service, as the statute and implementing rules and guidance may be amended from time to time;
(c) State prevailing wage and apprenticeship utilization requirements for
projects that meet the definition of public projects, as defined in sections 24-92-201 (5) and 24-92-115; and
(d) State prevailing wage and apprenticeship utilization requirements
established in sections 24-92-115 and 24-92-201 for projects that meet the definition of energy sector public works projects, as defined in section 24-92-303 (5).
(7) The authority shall ensure that any loan that is issued by the authority
and then paid in full is closed. The authority shall not use a closed loan as equity for any other project.
(8) If a project being considered by the authority is not required under state
or federal law to follow prevailing wage or apprenticeship utilization requirements, the authority shall give preference for projects that voluntarily agree to follow the state prevailing wage for employees employed in the construction, rehabilitation, operation, or maintenance services of facilities, as described in sections 24-92-201 to 24-92-210, and state apprenticeship utilization requirements described in section 24-92-115.
(9) The authority shall not issue bonds for, finance, or participate in the
financing of any projects that are within the statutory authority of the Colorado housing and finance authority.
Source: L. 2025: Entire article added, (SB 25-081), ch. 320, p. 1678, � 3,
effective August 6.
C.R.S. § 24-21-402
24-21-402. Electronic recording technology board - creation - enterprise status. (1) (a) The electronic recording technology board is created in the department of state. The board is a type 1 entity, as defined in section 24-1-105. The board consists of the secretary of state, or the secretary of state's designee, and eight other members appointed as follows:
(I) One member from the real estate section of the Colorado bar association
appointed by the governor;
(II) One member from the title industry appointed by the governor;
(III) One member from the mortgage lending industry appointed by the
secretary of state;
(IV) Three members who are clerk and recorders from a first or second class
county as designated in section 30-1-101, C.R.S., with one appointed by the speaker of the house of representatives and the other two appointed by the secretary of state; and
(V) Two members who are clerk and recorders from a third, fourth, or fifth
class county as designated in section 30-1-101, C.R.S., with one appointed by the president of the senate and the other appointed by the secretary of state.
(b) All of the board members other than the secretary of state, or the
secretary's designee, serve two-year terms; except that the terms shall be staggered so that no more than five members' terms expire in the same year.
(c) Board members serve without compensation; except that board members
are entitled to reimbursement from the fund for actual and necessary expenses incurred in the performance of their duties. A vacancy on the board is filled in the same manner as the original appointment was made. A person appointed to fill a vacancy serves for the remainder of the unexpired term.
(2) The board constitutes an enterprise for purposes of section 20 of article
X of the state constitution so long as it retains the authority to issue revenue bonds under section 24-21-405 and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. The business purpose of the board is to develop and modernize electronic filing systems throughout the state. So long as it constitutes an enterprise under this section, the board is not subject to any provisions of section 20 of article X of the state constitution.
Source: L. 2016: Entire part added, (SB 16-115), ch. 356, p. 1478, � 3, effective
June 10. L. 2022: (1)(b) amended, (SB 22-013), ch. 2, p. 46, � 57, effective February 25; IP(1)(a) amended, (SB 22-162), ch. 469, p. 3352, � 6, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
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. § 24-30-1303.5
24-30-1303.5. Office of the state architect to prepare and maintain inventory of state property - vacant facilities. (1) The office shall obtain and maintain a correct and current inventory of all real property owned by or held in trust for the state or any state agency or state institution of higher education, and, in cooperation with the attorney general, correct any defects in title to said real property necessary to vest marketable title in the state.
(2) Such inventory must include sufficient information to identify such real
property with respect to which unit of the state has control thereof, where such real property is located, and when and from what source the real property was acquired, including subsequent improvements. The office shall establish and maintain an accurate index system which will assure that inquiries as to the location and control of all such real property will be promptly answered.
(3) The office shall establish procedures whereby each state agency and
state institution of higher education is required to report all acquisitions of real property, including improvements, and all dispositions thereof to the office to enable the inventory to be promptly and accurately maintained with respect to such changes. The report must include a copy of each purchase or sale agreement pertaining to the acquisition or disposition of real property, including improvements, or, if such agreements are not available, such other documents describing the terms and conditions of the transaction as the office finds to be appropriate in order to maintain the information required by subsection (2) of this section. For each transaction involving the acquisition or disposition of real property, the state agency or the state institution of higher education shall also provide to the department a copy of the deed pertaining to the real property after the deed has been recorded.
(3.5) (a) With respect to all real property owned by or held in trust for the
state or any state agency or state institution of higher education, each state agency or state institution of higher education shall identify any vacant facility under its control. As used in this section, vacant means:
(I) Unoccupied;
(II) Unused in whole or in part for the purposes for which the improvement
was designed, intended, or remodeled; or
(III) Without current defined plans by the state agency or state institution of
higher education for the next fiscal year.
(b) A state agency or state institution of higher education must submit for
the approval of the office a facility management plan for any vacant facility consistent with the procedures established by the office. The state agency or state institution of higher education must submit the facility management plan to the office within thirty days after the facility becomes vacant. In addition to any other information required by the office, the facility management plan must include the following:
(I) A financial analysis of the possible uses of the facility;
(II) Any plans for the disposal of the facility through sale, lease, demolition,
or otherwise;
(III) If the state agency or state institution of higher education does not
intend to dispose of the facility during the next fiscal year, a plan for the proposed controlled maintenance, if any, necessary to avoid the deterioration of the vacant facility; and
(IV) Whether the facility has or is eligible to receive a national, state, or local
historic designation or listing.
(c) (I) For each year after the office approves a facility management plan, the
state agency or state institution of higher education shall submit an annual facility management plan update consistent with the procedures established by the office. The update must be submitted on or before November 1 of the year following the approval of a facility management plan and each November 1 thereafter until such time that the facility is no longer vacant. In addition to any other information required by the office, the update must identify all actions taken by the state agency or state institution of higher education within the last year consistent with the facility management plan. If based on the update or on any other information known by the office, the office determines that the state agency or state institution of higher education has failed to comply with the provisions of an approved facility management plan, the office may revoke the approval of the facility management plan. If the office revokes approval of the facility management plan, a state agency or state institution of higher education is required to submit a new facility management plan for the vacant facility subject to the provisions of this subsection (3.5).
(II) In addition to any other requirements of subparagraph (I) of this
paragraph (c), the facility management plan update must describe any changes proposed by the state agency or state institution of higher education to the facility management plan. Any proposed changes to the facility management plan are subject to the approval of the office, and any approved changes become part of the facility management plan for purposes of future updates.
(d) Any facility management plan or update required to be submitted by a
state institution of higher education pursuant to this subsection (3.5) must be submitted to the Colorado commission on higher education instead of the office. The commission shall submit a copy of the facility management plan or update and the commission's recommendations regarding it to the office.
(e) Repealed.
(f) No state agency or state institution of higher education is eligible for any
capital construction appropriations until the office approves a facility management plan for all vacant facilities controlled by the state agency or state institution of higher education; except that the capital development committee may exempt a state agency or state institution of higher education from the provisions of this paragraph (f).
(4) For purposes of maintaining a current inventory, no acquisition or
disposition of real property may be made and no funds or other valuable consideration may be given by a state agency or state institution of higher education for such acquisition, nor may any final document of conveyance of real property be transmitted to a purchaser, until a complete report on such transaction as required pursuant to subsection (3) of this section has been filed with the office and the office has issued a written acknowledgment of the receipt of such report to the state agency or state institution of higher education. Such written acknowledgment must be issued without delay, and nothing in this section should be construed to give the office any power to approve or disapprove any acquisition or disposition of real property, improvements thereon, or other capital assets.
(5) (Deleted by amendment, L. 2014.)
(5.5) The office shall cause to be developed performance criteria for real
property. An analysis must be made upon selected real property against the performance criteria to assess whether the selected real property should be considered for sale or other disposition if such real property is not performing and is determined not to be of sound investment value, or should be held for an identified future state need. The office may contract to maintain such inventories, develop such performance criteria, and perform such analysis and may enter exclusive brokerage agreements on behalf of state agencies and state institutions of higher education to the extent necessary to accomplish the maintenance of such inventory and such analysis. The office shall make recommendations to the capital development committee regarding various real property management strategies resulting from such analysis. This subsection (5.5) does not apply to property that is subject to the provisions of section 43-1-106 (8)(n), C.R.S.
(6) Notwithstanding section 24-1-136 (11)(a)(I), the office shall prepare an
annual report of the acquisitions and dispositions of real property subject to this section and make the report available to the members of the capital development committee. Such report must include a description of the real property and its present use and value.
Source: L. 83: Entire section added, p. 894, � 1, effective June 6. L. 90: (6)
amended, p. 1284, � 2, effective April 3; (5.5) added, p. 1190, � 5, effective April 18. L. 91: (1) and (5.5) amended, p. 1059, � 17, effective July 1. L. 99: (6) amended, p. 690, � 11, effective August 4. L. 2003: (3.5) added, p. 963, � 3, effective July 1. L. 2007: (3.5)(e) repealed, p. 757, � 6, effective May 10. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1808, � 5, effective June 6. L. 2015: (1), (2), (3), (3.5), (4), (5.5), and (6) amended, (SB 15-270), ch. 296, p. 1209, � 4, effective June 5. L. 2017: (6) amended, (HB 17-1058), ch. 18, p. 59, � 5, effective March 8.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-1505
24-30-1505. Powers of the executive director. (1) In order to perform the powers and duties set forth in this part 15, the executive director shall exercise the following powers:
(a) Supervise the development and administration of the following risk
management programs:
(I) A comprehensive risk management program;
(II) A program identifying property and liability losses, insurance costs, and
administrative costs of risk management incurred by each state agency;
(III) A program to reduce property and liability losses incurred by each state
agency;
(IV) A program of inspection of state property;
(V) The pilot program described in section 24-30-1504 (1)(l) and the
statewide database and uniform tracking system described in section 24-30-1504 (1)(m) for the purpose of tracking employment claims brought against state agencies and the losses incurred as a result of such claims, except as excluded pursuant to sections 24-30-1502 (5)(b) and 24-30-1517 (2). In developing and administering such programs, the executive director may:
(A) Adopt rules that define relevant terms including, but not limited to,
claims and losses; and
(B) Require state agencies, including institutions of higher education, to
submit such information as is necessary to implement the programs.
(b) Manage the investigation and adjustment of claims brought against the
state;
(c) Manage the legal defense of claims brought against the state;
(d) Supervise any parties who have contracted with the state to provide
claims investigation, claims adjustment, support services, or legal services pursuant to this part 15;
(e) Identify and evaluate the exposure of state agencies to claims for
property and liability losses;
(f) Repealed.
(g) Assist state agencies to develop and use proper insurance and indemnity
clauses in state contracts;
(h) Manage the investigation and adjustment of claims for loss or damage to
state property;
(i) Investigate and direct or deny payment of liability claims arising prior to
September 15, 1985, for which no commercial liability insurance exists;
(j) Manage the workers' compensation self-insurance program for state
employees or the procurement of commercial workers' compensation insurance therefor.
(2) The executive director shall determine the need, if any, for procuring
commercial insurance to protect the state against liability and the specifications for such insurance. The acquisition of any insurance shall be pursuant to the state Procurement Code, articles 101 to 112 of this title 24. In the event that no responsible responses to an invitation for bids are received, the executive director may negotiate with any agent, broker, or insurance company to secure the required coverage or necessary coverage. Such negotiated policy or policies shall be subject to the approval of the board.
Source: L. 85, 1st Ex. Sess.: Entire part added, p. 5, � 1, effective September
- L. 86: (1)(f) repealed and (2) added, pp. 894, 891, �� 10, 3, effective April 17. L. 86, 2nd Ex. Sess.: (1)(h) added, p. 64, � 4, effective August 25. L. 90: (1)(i) and (1)(j) added, p. 1195, � 4, effective May 24. L. 96: IP(1), (1)(a), and (2) amended, pp. 1504, 1520, �� 20, 58, effective June 1. L. 99: (1)(a)(V) added, p. 30, � 2, effective March 10. L. 2004: IP(1)(a)(V) amended, p. 604, � 5, effective July 1. L. 2017: (2) amended, (HB 17-1051), ch. 99, p. 350, � 65, effective August 9.
C.R.S. § 24-30-202
24-30-202. Procedures - vouchers, warrants, and checks - rules - penalties - definitions - repeal. (1) No disbursements shall be made in payment of any liability incurred on behalf of the state, other than from petty cash or by any alternative means of payment approved by fiscal rule promulgated by the controller, unless there has been previously filed with the office of the state controller a commitment voucher. The commitment voucher may be in the form of an advice of employment, a purchase order, a copy of a contract, or a travel authorization or in other form appropriate to the type of transaction as prescribed by the controller. Any state contract involving the payment of money by the state shall contain a clause providing that the contract shall not be deemed valid until it has been approved by the controller or such assistant as he or she may designate; except that a state contract for a major information technology project as defined in section 24-37.5-102 (19) shall contain a clause providing that the contract shall not be deemed valid until it has been approved by the chief information officer or the chief information officer's designee. Such contracts entered into on or after July 1, 1997, shall also contain a clause notifying the other party to the contract of the controller's authority to withhold debts owed to state agencies under the vendor offset intercept system pursuant to section 24-30-202.4 (3.5)(a)(I) and the types of debts that are subject to withholding under said system. The form and content of and procedures for filing such vouchers shall be prescribed by the fiscal rules promulgated by the controller.
(2) The controller, or such assistant as he may designate, shall examine each
commitment voucher to ascertain whether or not the proposed expenditure is authorized by the appropriation and allotment to which it is proposed to be charged, whether or not the prices or rates are in accordance with law or administrative rules or are fair and reasonable and whether or not the amount of the expenditure exceeds the unencumbered balance of the allotment. The controller or his designated assistant shall record his approval or disapproval either on the face of each voucher or by electronically entering such approval or disapproval in the state computer-based accounting system. The head of the state department, institution, or other agency involved shall be notified of any proposed expenditures that are disallowed.
(3) In no event shall the head of any state department, institution, or other
agency or the controller, either by himself or through any assistant designated by him, approve any commitment voucher involving expenditure of any sum in excess of the unencumbered balance of the appropriation to which the resulting disbursement would be charged. No person shall incur or order or vote for the incurrence of any obligation against the state in excess of or for any expenditure not authorized by appropriation and approved commitment voucher except as expressly authorized by this section. Any such obligation so raised in contravention of this section shall not be binding against the state but shall be null and void ab initio and incapable of ratification by any administrative authority of the state to give effect thereto against the state. But every person incurring or ordering or voting for the incurrence of such obligation and his surety shall be jointly and severally liable therefor.
(4) The controller is hereby authorized to grant special authority for any
department, institution, or other agency, during any fiscal year, to make specific purchases of supplies or materials to be used in the next ensuing fiscal year or to enter into contracts in anticipation of appropriations already made or to be made for the next ensuing fiscal year for any purpose authorized by any existing law, including contracts by the department of transportation for state highway reconstruction, repair, maintenance, and capacity expansion projects to be funded by the revenues appropriated out of the capital construction fund under section 24-75-302 (2), but in no case for any amount exceeding that necessary to meet the requirements for the first quarter of the next fiscal year. No such purchase order shall be issued nor contract entered into unless such purchase order or contract has been approved and countersigned by the controller or the controller's authorized agent, whose duty it shall be to see that the special authority so granted is not exceeded; except that this restriction shall not apply to contracts for capital outlay projects for which appropriations have been provided for obligations to be incurred in two or more fiscal years. Payments made at the close of a fiscal year under such authority shall be treated as deferred charges to the appropriations and expenses of the next ensuing fiscal year until the beginning of such year.
(4.3) (a) The controller may retroactively adjust encumbrances against
appropriations for contracts and grants authorized pursuant to the authority to spend money from the American Rescue Plan Act of 2021 cash fund, created in section 24-75-226 (4)(a)(II), if the funding source for the contract or grant is subsequently refinanced. Any retroactive contract or grant encumbrance adjustments between funding sources authorized in this section are not permitted to increase the total encumbrance.
(b) This subsection (4.3) is repealed, effective July 1, 2027.
(5) (a) No money of the state or for which the state is responsible shall be
withdrawn from the treasury or otherwise disbursed for any purpose except to pay obligations under expenditures authorized by appropriation and allotment and not in excess of the amount so authorized. Each such expenditure shall have been authorized by the head of the department, institution, or other agency by or for which the expenditure was made. Such authorization shall contain the manual or facsimile signature of the head of the department, institution, or agency or any assistant designated by him. The controller, or his authorized agent, shall have approved a commitment voucher therefor, and a claim on a prescribed form shall have been submitted to and approved by the controller or his agent. The provisions of this section shall not be construed to apply to withdrawals of funds from any state depository bank for immediate redeposit in any other state depository bank or for investment.
(b) If a state department, institution, or agency enters into a contract to
purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the contract must contain a contingency clause that requires the state to secure an appraisal of the subject real property or interest therein prior to closing by an independent appraiser licensed in the state of Colorado to substantiate the purchase price and that makes the closing of the purchase contingent on the approval of the contract by the state controller. When the state department, institution, or agency entering into the contract receives the appraisal, the state department, institution, or agency shall provide a copy of the appraisal to the state controller. This subsection (5)(b) shall not apply to the acquisition of property by the department of transportation for the construction, maintenance, or supervision of the public highways of this state, nor shall it apply to any additional financed purchase of an asset or certificate of participation agreement entered into pursuant to the master lease program authorized by part 7 of article 82 of this title 24.
(c) (I) If a state department, institution, or agency enters into an option to
purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the appraisal requirement described in paragraph (b) of this subsection (5) must occur prior to closing on the purchase of the real property or interest therein.
(II) Prior to a state department, institution, or agency entering into an option
to purchase real property or any interest therein that has a total purchase price of more than one hundred thousand dollars, the state department, institution, or agency shall obtain a written broker opinion of value completed by an independent broker licensed in the state of Colorado or an appraisal by an independent appraiser licensed in the state of Colorado of the subject property in order to complete a thorough analysis of the property or interests therein being considered. The opinion of value or the appraisal must be forwarded to the state controller prior to the state controller approving the option to purchase contract.
(5.5) Any commitment voucher that provides that the financial obligations of
the state in subsequent fiscal years are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available shall not be deemed to create any state multiple-fiscal year direct or indirect debt or other financial obligation whatsoever for purposes of section 20 (4)(b) of article X of the state constitution. If a financed purchase of an asset or certificate of participation agreement is subject to the requirement of specific authorization by the general assembly under part 8 of article 82 of this title 24, such committees shall make a recommendation to the general assembly concerning whether to authorize the financed purchase of an asset or certificate of participation agreement. The department of personnel and the Colorado commission on higher education shall maintain comparative data which will assist in determining the relative costs to the state, over the entire term of the arrangement, of financing the purchase or lease of property through pay-as-you-go methods, certificates of participation, or other arrangements.
(6) The controller shall prescribe the form of warrants and checks to be
drawn upon the state treasurer. All warrants and checks for approved expenditures and claims shall be drawn and issued under direction of the controller or his or her authorized agent and transmitted to the department of the treasury to be recorded.
(7) Each warrant and check drawn and issued shall be signed by the
controller and countersigned by the state treasurer. Facsimiles of such signature and countersignature may be affixed by a mechanical device. The signature of the controller on a warrant or check, however affixed, shall constitute full and complete authority to the state treasurer to pay the amount thereof upon presentation to him or her.
(8) Each warrant or check drawn and issued shall bear a notation clearly
printed in a prominent position upon its face stating that it shall be void after six months from its date of issue. Upon satisfactory proof furnished of loss or destruction, during said six-month period, of any warrant or check drawn and issued in payment of an approved expenditure or claim, the controller shall cause a duplicate of such lost or destroyed warrant or check to be drawn and issued in favor of the original payee or his or her assignee, as the case may be. The issuing state agency shall thereupon void said original warrant or check, and, if it thereafter is presented for payment, the state treasurer shall refuse payment thereof.
(8.5) Any other provision of law to the contrary notwithstanding, the
controller may, after adequate notification to the state treasurer, make payment by means of an electronic fund transfer. Payment by electronic fund transfer shall be in lieu of payment by state warrant or check and shall discharge the controller's obligation with respect to payment. Any unauthorized use of the electronic fund transfer capability shall be reported to the controller within twenty-four hours after occurrence or disclosure becomes known. Immediately upon discovery of unauthorized use, measures that will prevent further unauthorized use shall be implemented.
(9) (a) Every warrant and check drawn and issued that has not been
presented to the state treasurer for payment and remains unpaid shall be canceled pursuant to fiscal rules promulgated by the state controller and transferred to the unclaimed property trust fund created in section 38-13-801 (1)(a); except that the amount of any warrant or check drawn on the wildlife cash fund created in section 33-1-112 (1), other than a warrant or check refunding a license fee submitted as part of an unsuccessful limited license application, shall be credited to that fund and the amount of any warrant or check representing money received by the federal government shall be processed in accordance with federal program guidelines for disposition of those moneys.
(b) If at any time thereafter application is made to the controller for
reissuance of any warrant or check that has been canceled and expunged from the records and it appears that the expenditure or claim that the canceled warrant or check represented is still valid and unpaid, the controller shall issue a new warrant or check, and the amount thereof shall be charged to the fund or account to which the amount of the canceled warrant or check was previously credited.
(c) In the event of any conflict between this subsection (9) and any provision
of the Revised Uniform Unclaimed Property Act, article 13 of title 38, the provisions of the Revised Uniform Unclaimed Property Act shall control; except that this subsection (9) shall control with regard to:
(I) A tax warrant or check;
(II) Repealed.
(III) That portion of a warrant or check representing moneys received from
the federal government;
(IV) A warrant or check drawn on the wildlife cash fund created in section
33-1-112 (1), C.R.S., other than a warrant or check refunding a license fee submitted as part of an unsuccessful limited license application.
(d) Notwithstanding any provision of this subsection (9) to the contrary, the
provisions of this subsection (9) shall not apply to any warrant or check drawn by an institution of higher education or by the Auraria higher education center that is exempt from the state fiscal rules pursuant to paragraph (b) of subsection (13) of this section.
(10) The attorney general shall be the legal adviser of the controller and to
the attorney general shall be referred any question concerning the legality of any obligation by or claim against the state.
(11) It is the duty of the controller to keep up to date a detailed list of all
sources from which moneys accrue to the state, classified according to the departments, institutions, and other agencies responsible for the collection of the moneys, showing for each of the several units: The several kinds of taxes, fees, and other charges collected or to be collected; the name of the person responsible for collecting public moneys from each such source; and the name of the employee actually engaged in collecting, handling, and depositing such moneys. The controller has the power, and it is his duty with respect to each state tax, to prescribe or approve such accounts and procedures as will provide adequate accounting and current internal audit control of unpaid taxes and other charges and the proceeds of collections and as will furnish the information required for the maintenance of the general accounts of the state. The controller has the power and it is his duty to prescribe the forms to be used by the several units for licenses, permits, and certificates for which fees are prescribed by law and to establish controls of the supplies of such forms.
(12) The controller shall prescribe and cause to be installed a unified and
integrated system of accounts for the state. Except as otherwise provided in sections 24-75-201 (2) and 25.5-4-201, C.R.S., such system shall be based upon the accrual system of accounting, as enunciated by the governmental accounting standards board, which shall include:
(a) A set of budgetary control accounts for each fund, which shall be
maintained pursuant to the accounts and control functions of the department of personnel;
(b) A set of general controlling proprietary and operating accounts for each
fund, which shall be maintained pursuant to the accounts and control functions of the department of personnel, recording the transactions of the fund in summary form and showing the actual current assets, prepaid expenses, current liabilities, deferred credits to income, reserves, actual income, actual expenditures, and current surplus or deficit as the case may be;
(c) A uniform classification of the sources of revenue and nonrevenue
receipts, which shall be observed by all the departments, institutions, and other agencies;
(d) A standard classification of the departments, institutions, and other
agencies and their principal functions, by major functions of government;
(e) A standard classification of expenditures by activities;
(f) A unified classification of ordinary recurring expenses, extraordinary
expenses, and capital outlays, respectively, by the kinds of commodities and services involved, which shall be observed in reporting expenditures, in preparing budget estimates, and in allotting appropriations.
(13) (a) The controller shall promulgate fiscal rules to carry out the functions
assigned and the procedures prescribed by this section. Such rules relating to the forms, records, and procedures involved in financial administration shall be binding upon the several departments, institutions, including institutions of higher education except as otherwise provided in paragraph (b) of this subsection (13), and other agencies of the state and upon their several officers and employees.
(b) It is the intent of the general assembly that fiscal rules promulgated by
the controller shall be applicable to any institution of higher education; except that the governing board of an institution of higher education that has adopted fiscal procedures and has determined that the fiscal procedures provide adequate safeguards for the proper expenditure of the moneys of the institution may elect to exempt the institution from the fiscal rules promulgated by the controller pursuant to this subsection (13), including any procedures or forms required by law to be promulgated by the controller and any review or approval required to be performed by the controller, and shall not be required to comply with rules promulgated pursuant to this subsection (13) or with the provisions of subsection (1), (5)(b), (20.1), (22), or (26) of this section. The provisions of this paragraph (b) shall also apply to the board of directors of the Auraria higher education center with regard to the expenditure of moneys of the auraria higher education center.
(c) Repealed.
(d) An institution of higher education, including the auraria higher education
center, that is exempt from the state fiscal rules pursuant to paragraph (b) of this subsection (13) shall continue to provide to the controller such information as is necessary to enable the controller to meet the obligations set forth in subsection (11) of this section and sections 24-17-102 and 24-30-204; except that an institution of higher education shall be required to provide only such data and reports as are readily accessible to the institution or presently generated by the institution.
(14) If the controller or any other state employee knowingly draws or issues
any warrant or check upon the state treasurer not authorized by law, he or she commits a class 2 misdemeanor.
(15) Any person holding the office of state treasurer or controller or any
other state officer or employee who, directly or indirectly, receives from any person, body of persons, association, or corporation, for himself or herself or otherwise than in behalf of the state, any reward, compensation, or profit, either in money or other property or thing of value, in consideration of the loan to or deposit with any such person, body of persons, association, or corporation of any public money or other property belonging to the state or in the consideration of the approval or payment of any claim against the state or any other agreement or arrangement touching the use of such money or uses or knowingly permits the use of any such money for any purposes not authorized by law commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(16) Any person who, directly or indirectly, pays or gives to anyone holding
the office of state treasurer or controller or to any other state officer or employee or other person any reward or compensation, either in money or other property or things of value, in consideration of the loan to or deposit with any such person, body of persons, association, or corporation of any public money belonging to the state or for which the state is responsible or in consideration of the approval or payment of any claim against the state or of any other agreement or arrangement touching the use of such money commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(17) Any state officer or employee who willfully neglects or refuses to
perform the officer's or employee's duty as prescribed in this section or as prescribed in the fiscal rules promulgated by the controller in conformity with this section commits a civil infraction.
(18) (a) to (e) Repealed.
(f) All state agencies are required to make and preserve records of
employees' wages and hours and other conditions and practices of employment.
(g) to (j) Repealed.
(19) If any money of the state is paid out from any appropriation or fund for
any purpose and such money, or any part thereof, is for any reason subsequently refunded to the state, the controller is authorized to order the money so refunded to be credited to the fund or appropriation from which it was originally paid.
(20) Repealed.
(20.1) The controller, or the controller's designee, is hereby authorized, upon
written request made to the controller, to allow any state department, institution, or agency to draw upon its appropriation a sum set by fiscal rule promulgated by the controller, which fiscal rule may not authorize a sum in excess of two thousand five hundred dollars, and considered appropriate for the circumstances, to be used for the payment of incidental expenses. Items of postage, express, telegrams, and other incidental expenses may be paid from such moneys. At the end of each month, or as often as is practicable, the department, institution, or agency making such incidental expenditures shall submit a voucher to the controller covering the total amount of such expenditures and shall submit a list of all such expenditures, together with proper receipts, if any, and the controller shall draw the controller's warrant or check against the proper appropriation to cover all items of expenditures that the controller approves. The controller is also authorized, upon the request of any state department, institution, or agency, to allow a reasonable advance of moneys to employees and officials for authorized travel on official state business not to exceed an amount set by fiscal rule promulgated by the controller.
(21) If, as a result of fire or other insured loss to state property, the state
receives moneys from any insurance company, the controller is authorized to deposit such moneys in an account from which he may, without regard to the provisions of part 3 of article 37 of this title and without further legislative action, reimburse contractors for repair, replacement, or reconstruction of state properties damaged or destroyed under a contract executed in accordance with state contracting laws and procedures in effect at the time of the execution of the contract. If the amount of insurance recovery exceeds the actual cost of such repair, replacement, or reconstruction, any balance remaining in said account after payment of actual costs shall revert to the general fund. With respect to the loss or damage to state property which is not insured or the loss or damage to state property which is insured but the insurance does not fully cover the loss or damage, the controller may, with the approval of the governor, without further legislative action, reimburse contractors for the repair, replacement, or reconstruction of such state property up to a maximum amount of one hundred thousand dollars; except that the controller is not authorized to provide for reimbursement for repair, replacement, or reconstruction of state property if the state is self-insured for loss or damage to state property.
(22) The controller shall make uniform and equitable fiscal rules controlling
the types of perquisites which may be allowed state employees in the executive branch of government in addition to their regular salaries. Such rules shall include the eligibility of employees to receive such perquisites, the charges to be made for such perquisites, and the method of payment of such charges to the state. Before such rules become effective, they shall be approved by the governor. No employee shall have authority to grant to himself or herself or to any other employee under his or her supervision any perquisite, nor shall any employee receive any perquisite without full payment therefor, except as provided for by statute or by the rules of the controller as authorized in this section. Charges prescribed by such rules shall be reviewed annually by the controller.
(23) Repealed.
(24) (a) The controller shall promulgate fiscal rules requiring that
disbursements made in the payment of any liability incurred on behalf of the executive branch of this state be made within forty-five days after such liability was incurred or shall pay interest from the forty-fifth day at a rate of one percent per month on the unpaid balance until the account is paid in full.
(b) As used in subsection (24)(a) of this section, liability incurred on behalf
of the state means the receipt of supplies, as defined in section 24-101-301 (47), or services, as defined in section 24-101-301 (42), and receipt of a correct notice of the amount due, by the state agency procuring such supplies or services from a nongovernmental entity. No liability is incurred on behalf of the state if a good faith dispute exists as to the state's obligation to pay all or a portion of the account. Nothing in this subsection (24) shall be construed to affect any provision for the time of payment in a written contract between a state agency procuring services or supplies and a nongovernmental entity.
(25) (a) (Deleted by amendment, L. 2005, p. 278, � 9, effective August 8,
2005.)
(b) On July 1, 1985, the controller shall, by fiscal rule, provide for the
assessment of a reasonable monetary penalty based on cost against any person who issues a check returned for insufficient funds to any state department, institution, or agency in payment of fees, fines, or other moneys due the state.
(c) For the purposes of this subsection (25), insufficient funds means not
having a sufficient balance in account with a bank or other drawee for the payment of a check when presented for payment within thirty days after issue.
(d) The penalty provided for in this subsection (25) shall be assessed in
addition to any other penalties provided by law except for the penalty provided in section 24-35-114 relating to checks issued to the department of revenue.
(26) The controller shall promulgate equitable fiscal rules concerning travel
policies applicable to state employees, including methods of transportation, travel advances, reimbursements, travel allowances, use of travel agents, and use of state or privately owned vehicles, and may promulgate such rules for the implementation of a state travel policy as he deems necessary to assure fair and reasonable expenditures.
(27) To avoid the imposition of duplicative or excessively burdensome or
numerous reporting requirements upon state-supported institutions of higher education and to encourage the promulgation of reporting rules that, to the extent possible, require such institutions to provide only data and reports readily accessible to or presently generated by such institutions, the controller shall consult with the Colorado commission on higher education before adopting, amending, or repealing rules affecting or creating reporting requirements applicable to such institutions.
(28) (a) As used in this subsection (28):
(I) (A) Charitable food organization means a charitable organization,
including a faith-based organization, exempt from federal taxation under the provisions of the federal Internal Revenue Code of 1986, as amended, that distributes food directly or indirectly for hunger relief in the community.
(B) Charitable food organization includes a school food authority as
defined in section 22-32-120 (8).
(II) State agricultural products means agricultural products produced in
the state in accordance with section 24-103-907 (3)(a).
(b) The controller shall promulgate fiscal rules to clarify that state agencies
may, under review of the state controller, provide for advance payment for the purchase of state agricultural products by a charitable food organization using state grant money, and may include, as the controller deems necessary, rules for the implementation of the advance payment policy including proper accounting, compliance with industry standards, and determination that the advance payment provides a benefit to the state at least equal to the cost and risk of the advance payment.
Source: L. 47: p. 224, � 3. CSA: C. 3, � 12(1). L. 49: pp. 199, 200, 683, �� 1, 1, 4.
CRS 53: � 3-3-2. L. 57: pp. 120, 121, �� 1, 1. L. 61: pp. 130-132, �� 1, 1, 1. L. 63: pp. 125, 230, �� 1, 2. C.R.S. 1963: � 3-3-2. L. 65: p. 142, � 1. L. 69: pp. 74, 75, �� 1, 1. L. 70: p. 107, � 4. L. 71: pp. 85, 87, 89, 91, �� 1, 1, 1, 1. L. 72: p. 576, � 1. L. 73: p. 168, � 1. L. 75: (23) added, p. 801, � 1, effective July 1. L. 76: (20) amended, p. 610, � 1, effective April 16; (21) amended, p. 305, � 43, effective May 20. L. 77: (5)(a) amended, p. 1170, � 1, effective May 27; (18) R&RE, p. 1171, � 1, effective July 1; (15) and (16) amended, p. 879, � 52, effective July 1, 1979. L. 80: (13) amended, p. 570, � 2, effective March 17. L. 83: (20) amended and (13)(c), (20.1), and (24) added, pp. 858, 859, 860, 882, �� 2, 4, 5, 1, effective July 1. L. 84: (25) added and (18)(j) and (20) amended, pp. 675, 677, �� 1, 2, effective July 1. L. 85: (26) added, p. 875, � 11, effective June 6. L. 86: (18)(a), (18)(e), and (18)(h) amended and (18)(j) repealed, pp. 889, 890, �� 1, 3, effective April 13. L. 86, 2nd Ex. Sess.: (21) amended, p. 68, � 14, effective August 25. L. 87: (20.1) amended, pp. 934, 1118, �� 1, 2, effective April 22. L. 88: (3) amended, p. 912, � 2, effective March 18; (21) amended, p. 1431, � 11, effective June 11. L. 89: (15) and (16) amended, p. 844, � 111, effective July 1. L. 90: (26) amended, p. 1307, � 1, effective July 1. L. 91: (2) amended and (8.5) added, p. 881, � 1, effective March 12; (5)(b) amended, p. 1058, � 14, effective July 1. L. 92: IP(12) amended, p. 1080, � 1, effective March 14; (18)(h) repealed, p. 1056, � 1, effective May 21. L. 93: (5.5) added, p. 2031, � 1, effective June 9; (18)(a) to (18)(e), (18)(g), and (18)(i) repealed, p. 35, � 1, effective July 1. L. 95: (5.5) amended, p. 641, � 35, effective July 1; (9)(c) added, p. 522, � 1, effective July 1; (27) added, p. 40, � 3, effective January 1, 1996. L. 96: (18)(f) amended and (23) repealed, p. 1495, �� 3, 4, effective June 1; (10), (12)(a), and (12)(b) amended, p. 1517, � 50, effective June 3; (4) amended, p. 1869, � 3, effective June 6. L. 97: (20.1) amended, p. 49, � 1, effective March 21; (1) amended, p. 941, � 1, effective July 1. L. 98: IP(12) amended, p. 849, � 4, effective May 26. L. 99: (5.5) and (26) amended, p. 688, � 8, effective August 4. L. 2001: (1) amended, p. 114, � 1, effective August 8. L. 2002: (15) and (16) amended, p. 1531, � 244, effective October 1. L. 2003: IP(12) amended, p. 14, � 1, effective March 5; (8) amended, p. 557, � 1, effective August 6; (9)(c)(II) repealed, p. 721, � 2, effective August 6. L. 2005: (25)(a) amended, p. 278, � 9, effective August 8. L. 2006: IP(12) amended, p. 2010, � 72, effective July 1. L. 2008: (9)(a) amended and (9)(c)(IV) added, p. 1075, �� 1, 2, effective May 22. L. 2010: (1) and (20.1) amended, (HB 10-1181), ch. 351, pp. 1630, 1619, �� 26, 1, effective June 7; (9)(d) added and (13) and (22) amended, (SB 10-003), ch. 391, pp. 1849, 1848, �� 26, 25, effective June 9. L. 2013: (5)(b) amended and (5)(c) added, (HB 13-1235), ch. 375, p. 2206, � 1, effective June 5. L. 2014: (6) to (9), (14), and (20.1) amended, (HB 14-1391), ch. 328, p. 1449, � 6, effective June 5. L. 2017: (26) amended, (HB 17-1058), ch. 18, p. 58, � 2, effective March 8; (9)(a) amended, (SB 17-046), ch. 116, p. 414, � 1, effective August 9; (24)(b) amended, (HB 17-1051), ch. 99, p. 350, � 64, effective August 9. L. 2018: (1) amended, (HB 18-1421), ch. 395, p. 2354, � 1, effective June 6. L. 2019: IP(9)(c) amended, (SB 19-088), ch. 110, p. 467, � 7, effective July 1, 2020. L. 2021: (5)(b) and (5.5) amended, (HB 21-1316), ch. 352, p. 2024, � 31, effective July 1; (1) amended, (HB 21-1236), ch. 211, p. 1116, � 16, effective September 7; (14) and (17) amended, (SB 21-271), ch. 462, p. 3225, � 411, effective March 1, 2022. L. 2023: (28) added, (HB 23-1087), ch. 45, p. 170, � 1, effective August 7. L. 2024: (4.3) added, (HB 24-1466), ch. 429, p. 2934, � 7, effective June 5. L. 2025: (9)(a) amended, (SB 25-300), ch. 428, p. 2449, � 29, effective August 6.
Editor's note: (1) The effective date for amendments made to this section by
chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, � 23, L.79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).
(2) Subsection (13)(c)(II) provided for the repeal of subsection (13)(c),
effective June 30, 1985, and subsection (20) provided for the repeal of subsection (20), effective June 30, 1985. (See L. 83, p. 859.)
Cross references: For the legislative declaration contained in the 1995 act
amending subsection (5.5), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration contained in the 2002 act amending subsections (15) and (16), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2010 act adding subsection (9)(d) and amending subsections (13) and (22), see section 1 of chapter 391, Session Laws of Colorado 2010. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.
C.R.S. § 24-32-132
24-32-132. Small community-based nonprofit infrastructure grant program - creation - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:
(a) Throughout the course of the COVID-19 public health emergency, small
community-based nonprofit organizations have played a crucial role in referring individuals to or delivering needed, relevant, and culturally appropriate resources and services to families and communities that have been disproportionately impacted by the ongoing pandemic;
(b) Governmental entities and small community-based nonprofit
organizations are natural partners, as they serve the same constituents in the same communities. Small community-based nonprofit organizations have close relationships with and high levels of trust among the communities they serve and are ideally positioned to maximize public benefits, particularly among communities that have historically been underrepresented, underserved, or underresourced in Colorado.
(c) In addition, small community-based nonprofit organizations are able to
refer individuals to or fill the gaps in government programs due to their local presence and strong connections to the communities they serve. Communities disproportionately impacted by the pandemic have relied on small community-based nonprofit organizations to identify and generate community-led solutions to their specific needs.
(d) Many small community-based nonprofit organizations were founded and
are operated by people whose lived experiences in the communities they serve led to the creation of the organization. This gives these nonprofit organizations a unique understanding of the best ways to provide the needed services and solutions in their communities.
(e) In response to the COVID-19 public health emergency, small community-based nonprofit organizations have had to restructure to operate remotely, work
extended hours, provide more services to a greater segment of the population, collect data for impact and outcomes, catalog increased needs, create culturally responsive solutions to longstanding problems that were exacerbated by the pandemic, and pivot from prior routines or practices to reduce the economic and emotional toll on disproportionately impacted communities as a result of the COVID-19 public health emergency;
(f) Small community-based nonprofit organizations serve communities that
are still suffering from the lingering impacts of the pandemic and have the knowledge, experience, and relationships necessary to address the ongoing negative impacts of the COVID-19 public health emergency in their communities;
(g) The primary obstacle that small community-based nonprofit
organizations face in providing the needed services and solutions to their communities is a lack of financial resources for capacity-building, such as updating technology infrastructure, increasing strategic planning, providing professional development for staff and nonprofit boards, adapting fund-raising efforts, and strengthening communications;
(h) While the impacts and disproportional impacts of the COVID-19 public
health emergency on the communities that small community-based nonprofit organizations serve are clear, many of these organizations as entities have themselves experienced the negative financial impacts of the COVID-19 public health emergency due to decreased revenue, increased costs, and the new and increased needs of the communities they serve;
(i) In addition, many small community-based nonprofit organizations provide
services in qualified census tracts, which is defined by the United States treasury as any census tract that is designated by the secretary of housing and urban development and, for the most recent year for which census data are available on household income in such tract, either in which fifty percent or more of the households have an income that is less than sixty percent of the area median gross income for such year or that has a poverty rate of at least twenty-five percent. These nonprofit organizations are presumed by the United States treasury to be disproportionately impacted by the COVID-19 public health emergency.
(j) Providing assistance in the form of grants to nonprofit organizations that
have been impacted or disproportionately impacted by the COVID-19 public health emergency is an allowable use of the money received by the state under the federal American Rescue Plan Act of 2021, Pub.L. 117-2;
(k) Providing grants to small community-based nonprofit organizations for
infrastructure funding will help mitigate the financial hardships of the COVID-19 public health emergency experienced by so many small community-based nonprofit organizations;
(l) These grants are designed to respond to the harm experienced by small
community-based nonprofit organizations and are reasonably proportional to that harm; and
(m) The grant program described in this section is an important government
service.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Eligible recipient means a small community-based nonprofit
organization that satisfies the eligibility criteria specified in subsection (5) of this section.
(b) Fiscal agent means a tax-exempt charitable or social welfare
organization operating under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, that:
(I) Has an arrangement with a small community-based nonprofit organization
that may or may not have its own tax-exempt status to perform the following functions on behalf of the organization:
(A) Receive grants, contributions, and other money on behalf of the small
community-based nonprofit organization;
(B) Ensure that the money of the small community-based nonprofit
organization is spent on the intended charitable purposes of the organization without retaining any control over how the money is spent;
(C) Supervise the small community-based nonprofit organization's finances;
and
(D) Ensure that the small community-based nonprofit organization's money
is used in a manner that furthers the fiscal agent's own charitable work;
(II) Performs the functions specified in subsection (2)(b)(I) of this section for
an administrative fee that does not exceed ten percent of the total amount of any grant, contribution, or other money that the small community-based nonprofit organization received with the assistance of the fiscal agent.
(c) Fiscal sponsor means a tax-exempt charitable or social welfare
organization operating under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, that:
(I) Has an arrangement with multiple small community-based groups that
are not registered nonprofit organizations to perform the following functions on behalf of the small community-based groups:
(A) Receive grants, contributions, and other money on behalf of each of the
small community-based groups;
(B) Ensure that the money of each small community-based group is spent on
the intended charitable purpose of the group;
(C) Determine how and when the money of each small community-based
group is spent;
(D) Supervise each small community-based group's finances;
(E) Ensure that each small community-based group's money is used in a
manner that furthers the fiscal sponsor's own charitable work; and
(F) Provide financial and project guidance to each small community-based
group;
(II) Performs the functions specified in subsection (2)(c)(I) of this section for
an administrative fee that does not exceed ten percent of the total amount of any grant, contribution, or other money that the small community-based group received with the assistance of the fiscal sponsor.
(d) Grant program means the small community-based nonprofit
infrastructure grant program created in subsection (3) of this section.
(e) Regional access partner means a nonprofit organization headquartered
in Colorado that has experience in grant management, that has the ability to distribute grants statewide or in regions of the state, and that:
(I) Has a track record of providing technical assistance and grants to small
community-based nonprofit organizations;
(II) States a specific focus on historically marginalized and under-resourced
communities or focuses at least fifty-one percent of its programming on engaging and supporting historically marginalized and under-resourced communities; and
(III) Has a board of directors or staff consisting of at least thirty percent who
are individuals from historically marginalized and under-resourced communities.
(f) Small community-based nonprofit organization means a small
community-based charitable or social welfare organization that has been impacted or disproportionately impacted by the COVID-19 public health emergency and that:
(I) Has organizational leadership whose lived experiences in the communities
they serve lead to the creation, mission, and work of the nonprofit organization;
(II) Has an annual organizational budget or projected annual organizational
budget of at least one hundred fifty thousand dollars and not more than two million dollars; and
(III) Is one of the following:
(A) A tax-exempt charitable or social welfare organization operating under
section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended;
(B) A tax-exempt charitable or social welfare organization that does not
operate under section 501 (c)(3) of the federalInternal Revenue Code of 1986, as amended, and that is working with a fiscal agent; or
(C) A collaboration of small community-based groups that do not operate as
nonprofit organizations and that are working with a fiscal sponsor.
(3) Small community-based nonprofit infrastructure grant program
creation. (a) There is hereby created in the division the small community-based nonprofit infrastructure grant program to provide grants to eligible recipients for infrastructure and capacity building.
(b) The division shall administer the grant program as specified in subsection
(4) of this section and shall contract with up to ten regional access partners to award and monitor grants as provided in this section, subject to available appropriations. A nonprofit organization must apply to the division, in a form and manner to be determined by the division, to serve as a regional access partner. Grants shall be paid from the money appropriated to the division for the grant program as provided in subsection (8) of this section. The division shall allocate the money appropriated for the grant program to the selected regional access partners for distribution to grant recipients pursuant to this section.
(4) Grant program administration. (a) The division shall engage with
nonprofit organization stakeholders that have experience working with small community-based nonprofit organizations and satisfy the criteria to serve as regional access partners to develop policies and procedures to administer the grant program. At a minimum, the policies must specify:
(I) The time frames for applying, awarding, and disbursing grants;
(II) The form of the grant application; and
(III) The rubric to be used to evaluate grant applications.
(b) In developing the grant application pursuant to subsection (4)(a) of this
section, the division shall ensure that each eligible recipient is required to include in its application evidence that the eligible recipient was impacted or disproportionately impacted by the COVID-19 public health emergency. Such evidence may include and need not be limited to:
(I) The percentage by which the eligible recipient's total operating expenses
over program expenses has decreased since the beginning of the COVID-19 public health emergency;
(II) Evidence that the eligible recipient had to lay off staff during the COVID-19 public health emergency;
(III) Evidence that the eligible recipient had to close for a period during the
COVID-19 public health emergency; or
(IV) Evidence that the eligible recipient had to access its financial reserves to
pay for operating costs during the COVID-19 public health emergency.
(c) The division shall develop and implement an outreach strategy for
potential eligible recipients that includes partnerships and funding for nonprofit organizations with direct community experience to partner with the division on outreach regarding the grant program. The division shall ensure that any information and materials in connection with the outreach strategy are available in at least English and Spanish.
(5) Grant recipient eligibility criteria. (a) To be an eligible recipient for a
grant pursuant to this section, an organization shall be a small community-based nonprofit organization that satisfies the criteria specified in subsection (5)(b) of this section, a small community-based nonprofit organization that satisfies the criteria specified in subsection (5)(c) of this section, or a collaboration of multiple small community-based groups that satisfy the criteria specified in subsection (5)(d) of this section.
(b) A small community-based nonprofit organization that is a tax-exempt
charitable or social welfare organization operating under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, is an eligible recipient if the organization:
(I) Has a track record of providing effective, culturally appropriate, and
relevant programs and services to communities who have historically been underrepresented, underserved, or underresourced in Colorado;
(II) Has a governing body and staff that consists of a majority of residents
who live in the communities served by the small community-based nonprofit organization;
(III) Has a mission or history of providing services in specific communities in
the state and has its main offices in one of the communities that the small community-based nonprofit organization serves;
(IV) Identifies and defines priority issue areas with input from residents of
the community;
(V) Focuses the services it provides to specific areas of community-identified
needs, including health equity, workforce development, community economic development, early childhood care, education support, housing, and food justice, and has the commitment to connect the communities that it serves with government agencies and programs, if available;
(VI) Solicits and implements community-led solutions from the community it
serves; and
(VII) Is in good standing with the Colorado secretary of state.
(c) A small community-based nonprofit organization that is a registered
nonprofit organization but that does not operate under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, is an eligible recipient if:
(I) The small community-based nonprofit organization satisfies all of the
criteria specified in subsections (5)(b)(I) through (5)(b)(VII) of this section; and
(II) The small community-based nonprofit organization works with a fiscal
agent.
(d) A collaboration of multiple small community-based groups that are not
registered nonprofit organizations are eligible recipients if:
(I) Each small community-based group in the collaboration satisfies all of the
criteria specified in subsection (5)(b)(I) through (5)(b)(VI) of this section;
(II) The collaboration of multiple small community-based groups works with
a fiscal sponsor; and
(III) The fiscal sponsor satisfies all of the criteria specified in subsections
(5)(b)(I) through (5)(b)(VII) of this section and is a small community-based nonprofit organization; except that the annual budget requirement specified in subsection (2)(f)(II) of this section does not apply to the fiscal sponsor.
(6) Purposes for which grant program money may be used. (a) Eligible
recipients may use the money received through the grant program for the following infrastructure and capacity building purposes:
(I) Data technology needs including data collection and technology
infrastructure;
(II) Professional development for staff and board members;
(III) Strategic planning and organizational development for capacity building,
fundraising, and other services;
(IV) Communications; and
(V) Existing program expansion, development, or evaluation.
(b) Eligible recipients shall not use the money received through the grant
program for the following purposes:
(I) Capital improvements. For purposes of this section, capital improvement
does not include information technology infrastructure;
(II) Real estate or land acquisition;
(III) Payment of debt;
(IV) Advocacy or lobbying;
(V) Organizing; or
(VI) Endowments or reserves.
(7) Grant applications and awards. (a) To receive a grant, an eligible
recipient must submit an application to a regional access partner in accordance with the policies and procedures developed by the division. The application must include any criteria or information determined by the division.
(b) In awarding grants pursuant to this section, a regional access partner
shall ensure that:
(I) The maximum grant award to an eligible recipient does not exceed one
hundred thousand dollars. If an eligible recipient is a collaboration of multiple small community-based groups, the division shall ensure that the maximum grant award to each individual small community-based group does not exceed one hundred thousand dollars.
(II) An eligible recipient's grant award does not exceed thirty percent of the
recipient's annual operating budget. If an eligible recipient is a collaboration of multiple small community-based groups, the division shall ensure that the grant award to an individual small community-based group does not exceed thirty percent of that individual small community-based group's annual operating budget.
(c) Subject to available appropriations, the regional access partner must
award grants for the purposes specified in this section in accordance with section 24-75-226 (4)(d).
(d) Upon a regional access partner awarding a grant to an eligible recipient
pursuant to this section, the regional access partner and the eligible recipient shall enter into a contract in connection with the grant award. The regional access partner may dispense up to fifty percent of the total value of the payments under the contract to the eligible recipient immediately upon the execution of the contract.
(e) An eligible recipient that receives a grant pursuant to this section shall
expend all grant money by December 30, 2026.
(8) Source of grant money. (a) For the 2022-23 state fiscal year, the general
assembly shall appropriate thirty-five million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a) to the division to award grants to eligible recipients for the purposes of the grant program. Any money appropriated in the 2022-23 state fiscal year that is not encumbered or expended at the end of that state fiscal year remains available for expenditure by the division in subsequent state fiscal years without further appropriation, subject to the requirements for obligating and expending money received under the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as specified in section 24-75-226 (4)(d).
(b) (I) The division may use up to five percent of the amount appropriated
pursuant to this section for costs associated with implementing and administering the grant program.
(II) Each regional access partner selected by the division to award and
monitor grants pursuant to subsection (3)(b) of this section may use up to five percent of the amount awarded to recipients for costs associated with awarding and monitoring the grants.
(9) Reporting requirement. The division and any person that receives money
from the division, including a regional access partner, shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).
(10) Repeal. This section is repealed, effective July 1, 2027.
Source: L. 2022: Entire section added, (HB 22-1356), ch. 351, p. 2501, � 1,
effective June 3; (7)(c) amended, (HB 22-1411), ch. 271, p. 1959, � 12, effective June 3.
C.R.S. § 24-32-3209
24-32-3209. Comprehensive planning disputes - development plan disputes - mediation - list of qualified professionals to assist in mediating land use disputes - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Comprehensive plan means the master plan of a local government
adopted pursuant to section 30-28-106 or 31-23-206, C.R.S., or an amendment to such plan.
(b) Comprehensive planning dispute means a dispute between two or more
local governments regarding a comprehensive plan.
(c) County means a home rule or statutory county.
(c.5) Development plan means a mutually binding and enforceable
development plan established pursuant to section 29-20-105 (2), C.R.S., by intergovernmental agreement between the county or counties in which land to be annexed is located and a municipality or between any two or more municipalities located within such county or counties.
(d) Landowner means any owner of record of state, municipal, or private
land and includes an owner of any easement, right-of-way, or estate in the land.
(e) Local government means a municipality or a county.
(f) Mediation means an intervention in comprehensive planning dispute
negotiations by a trained neutral third party with the purpose of assisting the local governments in reaching their own solution to the dispute.
(g) Municipality means a home rule or statutory city, town, territorial
charter city, or city and county.
(h) Neighboring jurisdiction means the following:
(I) For a county, any adjacent county and any municipality that is wholly or
partially located within the boundaries of the county or within three miles of any boundary of the county; and
(II) For a municipality, each county within which the municipality is wholly or
partially located and any county or municipality that is located within three miles of any boundary of the municipality.
(2) (a) Each local government shall provide to each neighboring jurisdiction
written notice of the public hearings at which the comprehensive plan of the local government is to be considered and a copy of the proposed comprehensive plan. Such neighboring jurisdiction may review the comprehensive plan and submit comments to the local government prior to the first hearing on such plan by the local government.
(b) A neighboring jurisdiction may file a written objection to a comprehensive
plan with a local government at any time up to and including thirty days after the adoption of such plan. Such objection may include a request for the local government to participate in a mediation of the comprehensive planning dispute with the neighboring jurisdiction coordinated by the department through the office using a mediator from the list maintained pursuant to subsection (6) of this section. Such local government shall participate in the mediation upon the request of the neighboring jurisdiction.
(c) If a neighboring jurisdiction has more than one objection to a
comprehensive plan, all such objections shall be considered together in the mediation conducted pursuant to this subsection (2). A neighboring jurisdiction requesting such dispute resolution or mediation process shall pay for the costs of the mediator's services.
(2.3) (a) The parties to an intergovernmental agreement establishing a
development plan shall provide notice and a copy of the agreement, together with a map demonstrating the territory covered by the agreement, to each neighboring jurisdiction.
(b) Each municipality that has received a petition for annexation filed
pursuant to section 31-12-107, C.R.S., which annexation covers territory included within the boundaries encompassed within a development plan to which the municipality is not a party, and that has received notice and a copy of the plan in accordance with the requirements of paragraph (a) of this subsection (2.3) shall provide to the parties to the development plan written notice of the petition for annexation, as well as a copy of the petition, prior to the referral of the petition by the municipal clerk to the governing body of the municipality pursuant to section 31-12-107 (1)(f), C.R.S. Where any portion of the area to be annexed under the petition is located within the boundaries of a development plan, each neighboring jurisdiction that is a party to such plan may file with the governing body of the annexing municipality a written objection to the petition no later than thirty days after receipt of the petition in accordance with the requirements of this paragraph (b). In the written objection filed, the neighboring jurisdiction may additionally request that the annexing municipality participate in a mediation of the dispute arising out of the petition with the assistance of a qualified professional from the list of such professionals maintained by the department pursuant to subsection (6) of this section. Upon the request of any neighboring jurisdiction that is a party to the development plan, the annexing municipality shall participate in the mediation required by this paragraph (b).
(c) No petition for annexation shall be referred by a municipal clerk to the
governing body of the municipality for any action pursuant to section 31-12-107 (1)(f), C.R.S., until:
(I) The mediation required by paragraph (b) of this subsection (2.3) is
completed; or
(II) Not less than ninety days have passed from the date on which the
municipality in receipt of the petition for annexation was notified of a request to mediate by a neighboring jurisdiction pursuant to paragraph (b) of this subsection (2.3).
(d) Notwithstanding any other provision of law, the costs of obtaining the
assistance of a qualified professional in accordance with the requirements of paragraph (b) of this subsection (2.3) shall be assumed by the neighboring jurisdiction requesting the mediation. Where more than one neighboring jurisdiction requests the mediation, the costs of obtaining the assistance of a qualified professional shall be allocated pro rata between or among all such jurisdictions.
(3) In the alternative to a mediation conducted pursuant to this section, the
parties to the dispute may use an existing intergovernmental agreement or a new agreement to resolve the disputes in whatever manner the local governments determine.
(4) In conducting a mediation pursuant to this section, the mediator shall
consider information provided by any landowner in the land area that is subject to the dispute and may consider such other information as is presented by other interested persons.
(5) Any agreement or understanding reached between two or more local
governments in the course of conducting a mediation in accordance with subsection (2) of this section shall not be binding in the event that such governments are ultimately unsuccessful in resolving their comprehensive planning or development plan dispute.
(6) To fulfill its role in coordinating a mediated solution to disputes between
and among local governments, the department shall maintain a list of qualified professionals that are available to assist in resolving land use disputes arising between local governments. Such list shall include only those persons and organizations the department determines have professional expertise and skills in land use, planning, zoning, subdivision, annexation, real estate, public administration, mediation, arbitration, or related disciplines. Such list shall be made available to governmental entities and the public through the office created by this part 32 for the purpose of facilitating the resolution of disputes between or among local governments arising out of land use matters.
Source: L. 2000: Entire part added, p. 889, � 1, effective August 2. L. 2001,
2nd Ex. Sess.: Entire section amended, p. 24, � 1, effective November 6. L. 2003: (1)(c.5) and (2.3) added and (5) amended, p. 922, �� 2, 3, effective August 6.
Cross references: For the legislative declaration contained in the 2003 act
enacting subsections (1)(c.5) and (2.3) and amending subsection (5), see section 1 of chapter 123, Session Laws of Colorado 2003.
PART 33
REGULATION OF FACTORY-BUILT STRUCTURES, MULTI-FAMILY STRUCTURES WHERE NO STANDARDS EXIST, MANUFACTURED HOME INSTALLATIONS, AND SELLERS OF MANUFACTURED HOMES
C.R.S. § 24-32-3701
24-32-3701. Definitions. As used in this part 37, unless the context otherwise requires:
(1) Accessible housing or accessible unit means housing that satisfies the
requirements of the federal Fair Housing Act, 42 U.S.C. sec. 3601 et seq., as amended, and incorporates universal design.
(2) Department means the department of local affairs.
(3) Director means the executive director of the department of local
affairs.
(4) Displacement means:
(a) The involuntary relocation of residents, particularly low-income residents,
or locally owned community serving businesses and institutions due to:
(I) Increased real estate prices or rents, property rehabilitation,
redevelopment, demolition, or other economic factors;
(II) Physical conditions resulting from neglect and underinvestment that
render a residence uninhabitable; or
(III) Physical displacement wherein existing housing units and commercial
spaces are lost due to property rehabilitation, redevelopment, or demolition; or
(b) Indirect displacement resulting from changes in neighborhood
population, if, when low-income households move out of housing units, those same housing units do not remain affordable to other low-income households in the neighborhood, or demographic changes that reflect the relocation of existing residents following widespread relocation of their community and community serving entities.
(5) Division of local government means the division of local government in
the department of local affairs created in section 24-32-103.
(6) Dwelling unit means a single unit providing complete independent
living facilities for one or more individuals, including permanent provisions for cooking, eating, living, sanitation, and sleeping.
(7) Local government means a home rule, territorial, or statutory county,
city and county, city, or town.
(8) Major transit stop means a station for boarding and exiting general
public passenger rail, including commuter rail and light rail, or a stop on a bus route with a service frequency of fifteen minutes or less for eight hours or more on weekdays, excluding seasonal service.
(9) Multifamily residential housing means a building or group of buildings
on a lot with five or more separate dwelling units.
(10) Neighborhood center means an area that meets the following criteria:
(a) Allows a reasonable net housing density within zoning that supports
mixed-use pedestrian-oriented neighborhoods, the development of regulated affordable housing, and increased public transit ridership, as applicable;
(b) Uses an efficient development review process for multifamily residential
development on parcels in the area that are no larger than a size determined by the department; and
(c) Includes aspects of mixed-use pedestrian-oriented neighborhoods, as
determined by criteria established by the department.
(11) Public facilities means public streets, roads, highways, sidewalks,
street- and road-lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, buildings used in the provision of public services, and schools.
(12) Public services means fire protection and suppression, law
enforcement, public health, education, recreation, environmental protection, stormwater management, wastewater management, public transportation, public infrastructure maintenance, water, social services, and other services traditionally provided by government.
(13) Region or regional means a defined geographic area consisting of
territory from more than one local government with a substantial interconnection in commuting patterns, economy, workforce, transportation and transit systems, public services, communities of interest, or other factors related to population and housing.
(14) Regional entity means a council of governments, a public entity
formed by the voluntary agreement of local governments in the region, or a regional planning commission.
(15) Regulated affordable housing means affordable housing that:
(a) Has received loans, grants, equity, bonds, or tax credits from any source
to support the creation, preservation, or rehabilitation of affordable housing that, as a condition of funding, encumbers the property with a restricted use covenant or similar recorded agreement to ensure affordability, or has been income-restricted under a local inclusionary zoning ordinance or other regulation or program;
(b) Restricts or limits maximum rental or sale price for households of a given
size at a given area median income, as established annually by the United States department of housing and urban development; and
(c) Ensures occupancy by low- to moderate-income households for a
specified period detailed in a restrictive use covenant or similar recorded agreement.
(16) Single-unit detached dwelling means a detached building with a single
dwelling unit located on a single lot.
(17) Supportive housing or supportive unit means a combination of
housing and services intended as a cost-effective way to help people live more stable, productive lives, and typically combines affordable housing with intensive coordinated services to help people maintain stable housing and receive appropriate health care.
(18) Universal design means any dwelling unit designed and constructed to
be safe and accessible for any individual regardless of age or abilities.
(19) Visitable housing or visitable unit means a dwelling unit that a
person with a disability can enter, move around the primary entrance floor of, and use the bathroom in.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1944, � 1,
effective May 30.
C.R.S. § 24-32-3706
24-32-3706. Directories of housing and land use strategies - development of housing and increasing housing affordability - displacement impact mitigation. (1) No later than June 30, 2025, the department shall develop a standard affordability strategies directory that includes the following strategies:
(a) Implementing a local inclusionary zoning ordinance that considers local
housing market conditions that is crafted to substantially increase affordable housing including regulated affordable housing production and complies with the requirements of section 29-20-104 (1)(e.5) and (1)(e.7);
(b) Adopting a local law or plan to leverage publicly owned, sold, or managed
land for regulated affordable housing development;
(c) Creating or expanding a program to subsidize or otherwise reduce impact
fees or other similar development charges for regulated affordable housing development;
(d) Establishing a density bonus program that grants increased floor area
ratio, density, or height of regulated affordable housing units;
(e) Creating a program to prioritize and expedite development approvals for
regulated affordable housing development, except that if the local government has done so pursuant to section 29-32-105 (2), this strategy does not count as an eligible standard affordability strategy for purposes of section 29-32-3705 (3)(e);
(f) Creating or expanding a program to subsidize or otherwise reduce permit
fees other than impact fees or similar development charges for regulated affordable housing;
(g) Enacting local laws that incentivize the construction and preservation of
affordable housing units designed to serve residents facing particular challenges securing affordable housing, including accessible and visitable units and multi-bedroom units; and
(h) Any other strategy designated by the department that offers a
comparable impact on local housing affordability.
(2) On or before June 30, 2025, the department shall develop a long-term
affordability strategies directory that includes the following strategies:
(a) Establishing a dedicated local revenue source for regulated affordable
housing development, such as instituting a linkage fee on market rate housing development to support new, regulated affordable housing developments;
(b) Regulating short-term rentals, second homes, or other underutilized or
vacant units in a way, such as vacancy fees for underutilized units, that promotes a substantial increase in the use of local housing stock for local housing needs;
(c) Making a commitment to and remaining eligible to receive funding
pursuant to article 32 of title 29;
(d) Amending zoning ordinances that allow the construction of single-unit
detached dwellings to allow either accessory dwelling units or duplexes, triplexes, quadplexes, and townhomes in a substantial portion of the jurisdiction;
(e) Amending local laws to establish the use of administrative processes for
the review and approval of housing development that do not include a requirement of a public hearing;
(f) Incentivizing or creating a dedicated local program that facilitates
investment in land banking or community land trusts;
(g) Establishing an affordable homeownership strategy such as:
(I) Establishing a right of first refusal program or programs that transition
existing housing stock to regulated affordable housing;
(II) Incentivizing affordable condominium developments;
(III) Acquiring or preserving deed restrictions on current housing units;
(IV) Establishing an incentive program to encourage realtors to work with
low-income and minority prospective home buyers; or
(V) Establishing an affordable rent-to-own program; and
(h) Any other strategy designated by the department that offers a
comparable impact on local housing affordability.
(3) A local government may submit an existing or proposed local law or
program, in a form and manner determined by the department, to the department, and the department may determine that the adoption of that local law or program qualifies as an affordability strategy for purposes of this section, so long as the local law or program supports equal or greater housing affordability and accessibility as the strategies described in subsections (1) and (2) of this section.
(4) No later than June 30, 2025, the department shall develop a
displacement risk mitigation strategies directory. The directory must include the following strategies:
(a) Creating a locally funded and administered rental and mortgage
assistance program;
(b) Creating an eviction and foreclosure no-cost legal representation
program;
(c) Establishing a housing counseling and navigation program or funding a
community-based housing counseling and navigation program;
(d) Creating a property tax and down payment assistance program;
(e) Developing a program to offer technical assistance and financial support
for community organizations to develop independent community land trusts;
(f) Prioritizing local money toward regulated affordable housing unit
preservation or implementing or continuing deed restrictions for affordable housing units;
(g) Requiring multifamily developers building in areas identified as being at
risk of displacement to create a community benefits agreement with affected populations within one-quarter mile of the development that the multifamily developer is building;
(h) Providing a prioritization policy for current residents in thirty percent of
any new multifamily development; and
(i) Other strategies identified by the department that provide displacement
mitigation that is equivalent to the other strategies described in this subsection (4).
(5) A local government may submit an existing or proposed local law or
program, in a form and manner determined by the department, to the department, and the department may determine that the adoption of the local law or program qualifies as a displacement risk mitigation strategy for purposes of this section, so long as the local law or program supports equal or greater mitigation of displacement risk as the strategies described in subsection (4) of this section.
(6) Notwithstanding the absence of specific authorization in any other law, a
local government has the authority to enact ordinances or resolutions to adopt and implement the strategies identified in this section.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1956, � 1,
effective May 30.
C.R.S. § 24-32-733
24-32-733. Task force on corporate housing ownership - creation - membership - issues of study - additional duties - report - compensation - staff support - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Corporation has the meaning set forth in section 7-90-102 (10).
(b) Task force means the task force on corporate housing ownership
created in subsection (2)(a) of this section.
(2) Creation - membership. (a) The task force on corporate housing
ownership is created in the state demography office in the department of local affairs. The task force consists of the following members, appointed as follows:
(I) The speaker of the house of representatives shall appoint:
(A) One member of the house of representatives;
(B) One member who has significant professional experience with labor and
workforce issues;
(C) One member who represents a statewide trade association of banks and
other lenders; and
(D) One member who has significant professional experience as a county
clerk and recorder;
(II) The president of the senate shall appoint:
(A) One member of the senate;
(B) One member who has significant professional experience as a mortgage
broker;
(C) One member who has significant professional experience advocating for
housing rights; and
(D) One member who has significant professional experience as a county
assessor;
(III) The minority leader of the senate shall appoint two members, one of
whom represents a statewide trade association of banks or other lenders and one of whom represents a statewide real estate association; and
(IV) The executive director of the department of local affairs shall appoint
one member who represents the department.
(b) The appointing authorities shall make each of the initial appointments
described in subsection (2)(a) of this section no later than thirty days after August 7, 2023.
(c) Any vacancy that occurs among the appointed members of the task force
shall be filled by the appropriate appointing authority as soon as practicable in accordance with subsection (2)(a) of this section.
(d) In making appointments to the task force, the appointing authorities shall
ensure that the membership of the task force:
(I) Reflects the ethnic, cultural, and gender diversity of the state;
(II) Includes representation from different geographic regions of the state,
including urban, rural, and resort communities; and
(III) To the extent practicable, includes persons with disabilities.
(e) Not later than sixty days after August 7, 2023, the speaker of the house
of representatives shall designate a member of the task force to serve as the chair of the task force.
(3) Issues for study. (a) The task force shall:
(I) Examine housing ownership by corporate entities and residential real
estate transactions by corporate entities in Colorado since January 1, 2008, including purchases resulting from foreclosures;
(II) Determine a methodology by which to examine the impacts of corporate
acquisition and ownership of residential property, with a focus on single-family homes, condominiums, and townhomes;
(III) Gather and analyze data, reports, and public records related to corporate
ownership of housing;
(IV) Make legislative recommendations, pursuant to subsection (4)(d) of this
section, to mitigate any negative impacts related to corporate ownership of housing that are identified by the task force; and
(V) Report, pursuant to subsection (4)(d) of this section, to the specified
legislative committees certain information concerning the impacts of corporate ownership of housing.
(b) In examining the impacts of corporate ownership of housing units, the
task force may consider the extent to which corporate ownership of housing units correlates with:
(I) Increased vacancy rates;
(II) Decreased housing availability;
(III) Decreased home-buying opportunities for first-time home buyers;
(IV) Increased displacement;
(V) Increased residential property prices;
(VI) Increased nonresident ownership;
(VII) Increased rates of foreclosures; and
(VIII) Any other factors deemed appropriate by the task force.
(c) The task force must identify, to the extent practicable, trends in
corporate homeownership in relation to:
(I) Housing type;
(II) Geography based on zip codes;
(III) Property values;
(IV) Neighborhood characteristics; and
(V) Any other factors deemed appropriate by the task force.
(d) The task force may identify and report on, to the extent practicable, any
corporate entities that purchase or own a disproportionate or outsized market share of housing units in the state.
(4) Additional duties of the task force. The task force shall:
(a) Meet on or before December 1, 2023, at a time and place to be
determined by the chair of the task force;
(b) Meet at least once every four months thereafter or more often as
directed by the chair of the task force;
(c) Communicate with and obtain input from groups throughout the state
affected by the issues identified in subsection (3) of this section; and
(d) Submit a report to the transportation, housing, and local government
committee of the house of representatives and the local government and housing committee of the senate, or to any successor committees, on or before October 1, 2025, that, at a minimum, includes:
(I) The information described in subsection (3) of this section; and
(II) Such other relevant findings as the task force elects to report.
(5) Compensation. Nonlegislative members of the task force serve without
compensation. Legislative members are compensated in accordance with section 2-2-326.
(6) Staff support. The executive director of the department may supply staff
assistance to the task force as the executive director deems appropriate, subject to available appropriations. The task force may also accept donations of in-kind services for staff support from the private sector.
(7) Repeal. This section is repealed, effective September 1, 2027.
Source: L. 2023: Entire section added, (HB 23-1253), ch. 438, p. 2574, � 1,
effective August 7.
C.R.S. § 24-34-104
24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal - legislative declaration. (1) (a) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and that the process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that regulatory agencies tend to become unnecessarily restrictive. The general assembly further finds that, by establishing a system for the repeal, continuation, or reestablishment of regulatory agencies and by providing for the analysis and evaluation of regulatory agencies to determine the least restrictive regulation consistent with the public interest, the general assembly will be in a better position to evaluate the need for the continued existence of existing and future regulatory bodies.
(b) It is the intent of the general assembly that the system set forth in this
section for repeal, continuation, or reestablishment of agencies in the department of regulatory agencies be extended to the functions of certain specified agencies and to certain specified boards, thereby providing for the review of these functions and boards in the most cost-effective manner.
(2) (a) The divisions in the department of regulatory agencies, the boards and
agencies in the division of professions and occupations, and the functions of the specified agencies and the specified boards will repeal according to the repeal schedule outlined in this section. A requirement for periodic reports to the general assembly will expire as set forth in section 24-1-136 (11) and is treated as a function of an agency for purposes of this section except as otherwise provided in this section.
(b) Upon repeal, an agency continues in existence, or, in the case of the
repeal of a function, the function continues to be performed, until the date that is one year after the specified repeal date for the purpose of winding up affairs. During the wind-up period, the repeal does not reduce or otherwise limit the powers or authority of the agency; except that a license issued or renewed during the wind-up period expires at the end of the period and original license and renewal fees are prorated accordingly. Upon the expiration of one year after the repeal, the agency shall cease all activities or, in the case of the repeal of a function, the function must cease. When a license issued or renewed before repeal is scheduled to expire after the cessation of activities, the license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section.
(c) As used in this section, unless the context otherwise requires, agency
includes a division or board within an agency that is subject to review pursuant to this section.
(3) If the state constitution imposes powers, duties, or functions on an
agency or officer that is subject to the provisions of this section and the agency or officer is repealed and the general assembly does not designate another agency or officer to exercise the powers or perform the duties and functions, the agency or officer continues in existence, after the one-year wind-up period, under the principal department as if the agency or officer were transferred to the department by a type 2 transfer, as defined in section 24-1-105, until the general assembly otherwise designates.
(4) The existence of a newly created agency or function in the department of
regulatory agencies may not exceed ten years and is subject to the provisions of this section. The general assembly may continue or reestablish the existence of an agency or function that is scheduled for repeal under this section for up to fifteen years. The general assembly, acting by bill, may reschedule the repeal date for an agency or function to a later date if the rescheduled date does not violate the appropriate maximum life provision described in this subsection (4).
(5) (a) The department of regulatory agencies shall analyze and evaluate the
performance of each agency or function scheduled for repeal under this section. In conducting the analysis and evaluation, the department of regulatory agencies shall take into consideration, but need not be limited to considering, the factors listed in paragraph (b) of subsection (6) of this section. The department of regulatory agencies shall submit a report and supporting materials to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal and shall make a copy of the report available to each member of the general assembly.
(b) The department of regulatory agencies shall submit its report to the
office of legislative legal services for the preparation of draft legislation based solely on specific recommendations for legislation set forth in the report. The department of regulatory agencies shall submit the report to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal. The office of legislative legal services shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b).
(c) This subsection (5) is exempt from the provisions of section 24-1-136 (11),
and the periodic reporting requirement of this subsection (5) remains in effect until changed by the general assembly acting by bill.
(6) (a) Before the repeal, continuation, or reestablishment of an agency or
function, a legislative committee of reference designated in section 2-3-1201, C.R.S., shall hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the agencies involved. In the hearing, each agency has the burden of demonstrating that there is a public need for the continued existence of the agency or function and that its regulation is the least restrictive regulation consistent with the public interest.
(b) In the hearings, the determination as to whether an agency has
demonstrated a public need for the continued existence of the agency or function and for the degree of regulation it practices is based on the following factors, among others:
(I) Whether regulation or program administration by the agency is necessary
to protect the public health, safety, and welfare;
(II) Whether the conditions that led to the initial creation of the program have
changed and whether other conditions have arisen that would warrant more, less, or the same degree of governmental oversight;
(III) If the program is necessary, whether the existing statutes and
regulations establish the least restrictive form of governmental oversight consistent with the public interest, considering other available regulatory mechanisms;
(IV) If the program is necessary, whether agency rules enhance the public
interest and are within the scope of legislative intent;
(V) Whether the agency operates in the public interest and whether its
operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;
(VI) Whether an analysis of agency operations indicates that the agency or
the agency's board or commission performs its statutory duties efficiently and effectively;
(VII) Whether the composition of the agency's board or commission
adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;
(VIII) Whether regulatory oversight can be achieved through a director
model;
(IX) The economic impact of the program and, if national economic
information is not available, whether the agency stimulates or restricts competition;
(X) If reviewing a regulatory program, whether complaint, investigation, and
disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity;
(XI) If reviewing a regulatory program, whether the scope of practice of the
regulated occupation contributes to the optimum use of personnel;
(XII) Whether entry requirements encourage equity, diversity, and inclusivity;
(XIII) If reviewing a regulatory program, whether the agency, through its
licensing, certification, or registration process, imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses, certifications, or registrations that the agency denied based on the applicant's criminal history, the number of conditional licenses, certifications, or registrations issued based upon the applicant's criminal history, and the number of licenses, certifications, or registrations revoked or suspended based on an individual's criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.
(XIV) Whether administrative and statutory changes are necessary to
improve agency operations to enhance the public interest.
(c) A legislative committee of reference that conducts a review pursuant to
paragraph (a) of this subsection (6) shall determine whether an agency or function should be repealed, continued, or reestablished and whether its functions should be revised and, if advisable, may recommend the consideration of a proposed bill to carry out its recommendations.
(d) (I) If a legislative committee of reference recommends a bill for
consideration pursuant to paragraph (c) of this subsection (6), the bill must be introduced in the house of representatives in even-numbered years and in the senate in odd-numbered years. The chair of each legislative committee of reference that recommends a bill for consideration shall assign the proposed bill for sponsorship as follows:
(A) To one or more of the members of the committee of reference; or
(B) To one or more of the members of the general assembly who are not
members of the committee of reference if a majority of the committee's members vote to approve the sponsorship.
(II) A member of the general assembly may not sponsor more than two bills
introduced pursuant to this subsection (6) in a single legislative session.
(III) After consulting with the minority leader of the house of representatives
and the senate, respectively, and receiving permission from the representative or senator to be added as the bill sponsor:
(A) The speaker of the house of representatives shall assign the proposed
bill to a representative for sponsorship in the house of representatives in odd-numbered years; and
(B) The president of the senate shall assign the proposed bill to a senator for
sponsorship in the senate in even-numbered years.
(e) A bill recommended for consideration by a committee of reference
pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives.
(f) Before the repeal, continuation, reestablishment, or revision of an
agency's functions, a committee of reference in each house of the general assembly designated by section 2-3-1201, C.R.S., shall hold a public hearing to consider the report from the department of regulatory agencies and any bill recommended for consideration pursuant to paragraph (c) of this subsection (6). The hearing must include the factors and testimony set forth in paragraph (b) of this subsection (6).
(7) (a) Pursuant to the process established in this section, a committee of
reference may not continue, reestablish, or amend the functions of more than one division, board, or agency in any one bill for an act, and the title of the bill must include the name of the division, board, or agency. This paragraph (a) does not apply to requirements for periodic reports to the general assembly.
(b) This section shall not cause the dismissal of a claim or right of a person
through or against an agency, or a claim or right of an agency, that has ceased its activities pursuant to this section, which claim is or may be subject to litigation. A person may pursue a claim or right through or against the department of regulatory agencies, the agency that performed the repealed function, or, in the case of a repealed board that is not in the department of regulatory agencies, the specified department in which the board is located. The claims and rights of an agency that has ceased its activities shall be assumed by the department of regulatory agencies, the agency that performed the repealed function, or the specific department.
(c) This section does not affect the general assembly's authority to
otherwise consider legislation affecting a division, board, agency, or similar body.
(8) If an agency or function repeals pursuant to the provisions of this section
and the general assembly reestablishes the agency or function during the wind-up period with substantially the same powers, duties, and functions, the agency or function continues.
(9) The purpose of this section is to provide a listing of the divisions, boards,
agencies, and functions that are subject to review and scheduled for repeal. The provisions of this section do not effectuate the repeal of a statute; the provisions that effectuate the repeal of a statute creating or governing an agency or function are set forth in the substantive statute that creates the agency or function. The repeal provision in a substantive statute does not invalidate the wind-up period allowed by subsection (2) of this section or the provisions of subsection (3) of this section.
(10) to (24) Repealed.
(25) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2024:
(I) to (VI) Repealed.
(VII) The evidential breath-testing cash fund created in section 42-4-1301.1
(9);
(VIII) to (XII) Repealed.
(XIII) (Deleted by amendment, L. 2024).
(XIV) to (XX) Repealed.
(XXI) The harm reduction grant program created in section 25-20.5-1101.
(XXII) Repealed.
(b) This subsection (25) is repealed, effective September 1, 2026.
(26) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2025:
(I) to (IX) Repealed.
(X) Reserved.
(XI) to (XIII) Repealed.
(b) This subsection (26) is repealed, effective September 1, 2027.
(27) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2026:
(I) The regulation of barbers, hairstylists, cosmetologists, estheticians, nail
technicians, and registered places of business under section 12-105-112 by the director of the division of professions and occupations in accordance with article 105 of title 12;
(II) The division of securities created in section 11-51-701, C.R.S.;
(III) The securities board created in section 11-51-702.5, C.R.S.;
(IV) The registration and regulation of vessels by the department of natural
resources in accordance with article 13 of title 33, C.R.S.;
(V) The office of combative sports, including the Colorado combative sports
commission, created in article 110 of title 12;
(VI) The division of real estate, including the real estate commission, created
in part 2 of article 10 of title 12, and its functions under parts 2, 3, and 5 of article 10 of title 12;
(VII) The regulation of professional cash-bail agents and cash-bonding
agents in accordance with article 23 of title 10;
(VIII) The Colorado podiatry board created in article 290 of title 12;
(IX) The biomass utilization grant program implemented by the state forest
service pursuant to section 23-31-317;
(X) The cold case task force created in section 24-33.5-109;
(XI) The record-keeping, licensing, and central registry functions of the
behavioral health administration in the department of human services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27;
(XII) The licensing of pet animal facilities by the commissioner of agriculture
in accordance with article 80 of title 35;
(XIII) The fire suppression programs of the division of fire prevention and
control created in sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6;
(XIV) The Colorado medical board created in article 240 of title 12;
(XV) The regulation of dialysis treatment clinics and hemodialysis
technicians in accordance with section 25-1.5-108;
(XVI) The Colorado public utilities commission created in article 2 of title 40;
(XVII) The legal requirements pertaining to home warranty service contracts
under part 9 of article 10 of title 12.
(XVIII) and (XIX) Repealed.
(b) This subsection (27) is repealed, effective September 1, 2028.
(28) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2027:
(I) The regulation of motor vehicle and powersports vehicle sales by the
motor vehicle dealer board and the director of the auto industry division, under the supervision of the executive director of the department of revenue, in accordance with parts 1, 2, 3, and 4 of article 20 of title 44;
(II) The Colorado civil rights division, including the Colorado civil rights
commission, created in part 3 of this article 34;
(III) The state board of nursing created in article 255 of title 12;
(IV) The state board of nursing created in article 255 of title 12 and the
functions of the board, including the functions related to the certification of nurse aides;
(V) The regulation of radon professionals licensed in accordance with article
165 of title 12;
(VI) The justice reinvestment crime prevention initiative created in section
24-32-120;
(VII) The use of digital number plates by the owner of a registered vehicle
pursuant to section 42-3-201 (8);
(VIII) The domestic violence offender management board created in section
16-11.8-103;
(IX) The certification of persons in connection with the control of asbestos in
accordance with part 5 of article 7 of title 25;
(X) The wildfire mitigation incentives for local government grant program
created in section 23-31-318 (2).
(b) This subsection (28) is repealed, effective September 1, 2029.
(29) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2028:
(I) The licensing of landscape architects in accordance with article 130 of
title 12;
(II) The administration of the Colorado Fair Debt Collection Practices Act
by the administrator of the Uniform Consumer Credit Code, articles 1 to 9 of title 5, in accordance with article 16 of title 5;
(III) The issuance of licenses and certificates related to measurement
standards by the commissioner of agriculture and the department of agriculture in accordance with article 14 of title 35;
(IV) The functions of the underground damage prevention safety commission
related to underground facilities specified in sections 9-1.5-104.2, 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8;
(V) The functions of the commissioner of agriculture related to seed
potatoes under article 27.3 of title 35;
(VI) In-home support services established in part 12 of article 6 of title 25.5;
(VII) The licensing of river outfitters through the parks and wildlife
commission and the division of parks and wildlife in accordance with article 32 of title 33;
(VIII) The functions of the department of public health and environment
relating to the licensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25;
(IX) The medical marijuana program created in section 25-1.5-106;
(X) and (XI) Repealed.
(XII) The Colorado Marijuana Code, article 10 of title 44;
(XIII) The administration of the Michael Skolnik Medical Transparency Act
of 2010 by the director of the division of professions and occupations in accordance with section 12-30-102;
(XIV) The registration of surgical assistants and surgical technologists
pursuant to article 310 of title 12;
(XV) The registration of direct-entry midwives by the division of professions
and occupations in accordance with article 225 of title 12;
(XVI) Notwithstanding subsection (7)(a) of this section, the office of the
utility consumer advocate and the utility consumers' board created in article 6.5 of title 40;
(XVII) The community crime victims grant program created in section 25-20.5-801;
(XVIII) The grant program to provide funding to eligible community-based
organizations that provide reentry services to people on parole or inmates transitioning through community corrections described in section 17-33-101 (7);
(XIX) The regulation of nursing home administrators by the board of
examiners of nursing home administrators in accordance with article 265 of title 12;
(XX) The sex offender management board created in section 16-11.7-103.
(b) This subsection (29) is repealed, effective September 1, 2030.
(30) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2029:
(I) The automobile theft prevention authority and the automobile theft
prevention board created in section 42-5-112;
(II) The licensing of mortgage loan originators and the registration of
mortgage companies in accordance with part 7 of article 10 of title 12;
(III) The regulation of persons working in coal mines by the department of
natural resources through the coal mine board of examiners in accordance with article 22 of title 34;
(IV) The Colorado state board of chiropractic examiners created in article
215 of title 12;
(V) The registration of naturopathic doctors in accordance with article 250 of
title 12;
(VI) Notwithstanding subsection (7)(a) of this section, the functions of the
boards specified in article 245 of title 12 relating to the licensing, registration, or certification of and grievances against a person licensed, registered, or certified pursuant to article 245 of title 12;
(VII) The regulation of preneed funeral contracts in accordance with article
15 of title 10;
(VIII) The direct care workforce stabilization board created in article 7.5 of
title 8;
(IX) The assistance program for disability benefits under article 88 of title 8;
(X) The functions of the director of the division of professions and
occupations related to the registration of funeral establishments specified in section 12-135-110 and crematories specified in section 12-135-303 and to the title protections specified in sections 12-135-111 and 12-135-304.
(b) This subsection (30) is repealed, effective September 1, 2031.
(31) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2030:
(I) The functions of the division of insurance in the department of regulatory
agencies specified in article 1 of title 10, other than the functions of the division related to the licensing of bail bonding agents and the regulation of preneed funeral contracts;
(II) The state board of accountancy created in article 100 of title 12;
(III) The passenger tramway safety board created in section 12-150-104;
(IV) The functions of professional review committees specified in article 30
of title 12;
(V) The licensing of occupational therapists and occupational therapy
assistants in accordance with article 270 of title 12;
(VI) The state board of pharmacy and the regulation of the practice of
pharmacy in accordance with parts 1 to 3, 5, and 6 of article 280 of title 12;
(VII) The functions of the circular economy development center created in
section 25-17-602;
(VIII) Human trafficking prevention training pursuant to section 24-33.5-523;
(IX) The veterans one-stop center, known as the western region one
source, established pursuant to section 28-5-713;
(X) The Colorado produced water consortium created in section 34-60-135
(2)(a);
(XI) The functions of the banking board and the state bank commissioner
related to money transmitters specified in article 110 of title 11;
(XII) The functions of the broadband office in administering the broadband
deployment grant program created in section 24-37.5-905;
(XIII) The regulation of towing carriers by the public utilities commission
under part 4 of article 10.1 of title 40;
(XIV) The HOA information and resource center created in section 12-10-801;
(XV) The rural alcohol and substance abuse prevention and treatment
program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services;
(XVI) The motorcycle operator safety training program created in part 5 of
article 5 of title 43.
(b) This subsection (31) is repealed, effective September 1, 2032.
(32) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2031:
(I) The registration functions of the commissioner of agriculture specified in
article 27 of title 35;
(II) The licensing of egg dealers in accordance with article 21 of title 35;
(III) The water and wastewater facility operators certification board created
in section 25-9-103;
(IV) The licensing of hearing aid providers by the division of professions and
occupations in accordance with article 230 of title 12;
(V) The licensing of audiologists by the division of professions and
occupations in accordance with article 210 of title 12;
(VI) The regulation of athletic trainers by the director of the division of
professions and occupations in the department of regulatory agencies in accordance with article 205 of title 12;
(VII) The licensure of massage therapists by the director of the division of
professions and occupations in accordance with article 235 of title 12;
(VIII) The board of real estate appraisers created in part 6 of article 10 of title
12;
(IX) The regulation of conveyances and conveyance mechanics, contractors,
and inspectors by the director of the division of oil and public safety within the department of labor and employment in accordance with article 5.5 of title 9;
(X) The Colorado prescription drug affordability review board created in
section 10-16-1402;
(XI) The rule-making function of the executive director of the department of
early childhood pursuant to section 26.5-1-105 (1);
(XII) Repealed.
(XIII) The regulation of mortuary science professionals pursuant to parts 1, 4,
and 5 to 9 of article 135 of title 12;
(XIV) The veterans assistance grant program created in section 28-5-712;
(XV) The licensing of bingo and other games of chance through the secretary
of state and the functions of the Colorado charitable gaming board as specified in part 6 of article 21 of this title 24.
(b) This subsection (32) is repealed, effective September 1, 2033.
(33) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2032:
(I) The state electrical board created in article 23 of title 12;
(II) The workers' compensation classification appeals board created in article
55 of title 8;
(III) The responsible gaming grant program created in section 44-30-1702;
(IV) The regulation of the custom processing of meat animals by the
department of agriculture in accordance with article 33 of title 35;
(V) The division of racing events, including the Colorado racing commission,
created in article 32 of title 44;
(VI) The appointment of notaries public through the secretary of state in
accordance with part 5 of article 21 of this title 24;
(VII) The Natural Medicine Health Act of 2022, article 170 of title 12;
(VIII) The Colorado Natural Medicine Code, article 50 of title 44;
(IX) The state plumbing board created in article 155 of title 12;
(X) The licensing and regulation of persons by the department of agriculture
in accordance with article 36 of title 35.
(b) This subsection (33) is repealed, effective September 1, 2034.
(34) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2033:
(I) The issuance of permits for specific weather modification operations
through the executive director of the department of natural resources in accordance with article 20 of title 36;
(II) The authority of the director of the division of workers' compensation to
impose fines on employers pursuant to section 8-43-409 (1.5) for failure to carry workers' compensation insurance;
(III) The regulation of speech-language pathologists and speech-language
pathology assistants by the director of the division of professions and occupations in accordance with article 305 of title 12;
(IV) The licensing of persons who practice acupuncture by the director of the
division of professions and occupations in accordance with article 200 of title 12;
(V) The state board of veterinary medicine created in article 315 of title 12;
(VI) The state board of optometry created in article 275 of title 12;
(VII) The division of gaming created in part 2 of article 30 of title 44;
(VIII) The closed landfill remediation grant program and the closed landfill
remediation grant program advisory committee created in section 30-20-124;
(IX) The regulation of nontransplant tissue banks by the director of the
division of professions and occupations in the department of regulatory agencies pursuant to section 12-140-103;
(X) The state board of licensure for architects, professional engineers, and
professional land surveyors in the department of regulatory agencies created in section 12-120-103;
(XI) The division of financial services created in article 44 of title 11;
(XII) The division of banking and the banking board created in article 102 of
title 11;
(XIII) The behavioral health first aid training program created in section 25-1.5-113.5.
(b) This subsection (34) is repealed, effective September 1, 2035.
(35) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2034:
(I) The regulation of produce safety on farms by the commissioner of
agriculture in accordance with article 77 of title 35;
(II) The licensing and regulation of psychiatric technicians by the state board
of nursing in accordance with article 295 of title 12;
(III) The licensing of public livestock markets in accordance with article 55 of
title 35;
(IV) The air quality enterprise created by section 25-7-103.5;
(V) The regulation of the application of pesticides by the commissioner of
agriculture in accordance with article 10 of title 35;
(VI) The regulation of outfitters by the director of the division of professions
and occupations in accordance with article 145 of title 12;
(VII) The functions of the department of public health and environment
regarding community integrated health-care service agencies pursuant to part 13 of article 3.5 of title 25;
(VIII) The Colorado dental board created in article 220 of title 12.
(b) This subsection (35) is repealed, effective September 1, 2036.
(36) (a) The following agencies, functions, or both are scheduled for repeal
on September 1, 2035:
(I) The licensing and regulation of respiratory therapists by the division of
professions and occupations in the department of regulatory agencies in accordance with article 300 of title 12;
(II) The functions specified in part 2 of article 19 of title 5 of the
administrator designated pursuant to section 5-6-103 and the registration of debt-management service providers;
(III) The regulation of private occupational schools and their agents under
article 64 of title 23, including the functions of the private occupational school division created in section 23-64-105, and the private occupational school board created in section 23-64-107;
(IV) The licensing of physical therapists by the physical therapy board in
accordance with part 1 of article 285 of title 12;
(V) The certification of physical therapist assistants by the physical therapy
board in accordance with part 2 of article 285 of title 12;
(VI) The underfunded courthouse facility cash fund commission created in
part 3 of article 1 of title 13.
(b) This subsection (36) is repealed, effective September 1, 2037.
(37) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2036:
(I) The accreditation of health-care providers under the workers'
compensation system in accordance with section 8-42-101 (3.5) and (3.6);
(II) The Colorado fraud investigators unit created in part 17 of article 33.5 of
this title 24.
(b) This subsection (37) is repealed, effective September 1, 2038.
(38) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2037:
(I) The Colorado resiliency office created in section 24-32-121 and the
functions of the office described in section 24-32-122.
(b) This subsection (38) is repealed, effective September 1, 2039.
Source: For source information prior to 2016, go to
https://leg.colorado.gov/node/3083286. L. 2016: Entire section R&RE, (HB16-1192), ch. 83, p. 218, � 3, effective April 14; IP(47) amended, (47)(c) repealed,and (56)(d) added, (HB16-1168), ch. 93, p. 262, � 2, effective April 14; (47)(b) repealed and (54)(b) added,(HB16-1170), ch. 109, p. 312, � 2, effective April 15; (47.5)(h) amended, (SB16-189), ch. 210, p. 766, � 49, effective June 6; (56)(d) added, (SB16-069), ch. 260, p. 1071, � 5, effective June 8; (47)(d) repealed and (50.5)(o) added, (HB16-1261), ch. 338, p. 1378, � 12, effective June 10; IP(47.5) amended, (47.5)(d) repealed, and (54)(b)added, and (HB16-1232), ch. 336, p. 1367, � 2, effective June 10; (46)(k) repealed and (52.5)(f) added, (SB16-161), ch. 264, p. 1095, � 2, effective July 1; (47.5)(b) repealed and (52.5)(f) added, (HB16-1160), ch. 330, p. 1338, � 5, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1158), ch. 147, p. 442, � 2, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1159), ch. 148, p. 444, � 2, effective August 10; (47.5)(e) repealed, (57)(c)amended, and (57)(d) added, (HB16-1173), ch. 114, p. 323, � 1, effective August 10; (47.5)(f) repealed and (51.5)(j) added, (HB16-1345), ch. 347, p. 1417, � 4, effective August 10; (47.5)(h) repealed and (52.5)(f) added, (HB16-1360), ch. 350, p. 1422, � 2, effective August 10; (51.5)(j) added, (HB16-1404), ch. 358, p. 1494, � 2, effective August 10; (52.5)(f) added,(HB16-1157), ch. 79, p. 204, � 2, effective August 10. L. 2017: (12)(a)(VIII) repealed and (27)(a)(V) added, (SB17-148), ch. 183, p. 673, � 9, effective May 3; (12)(a)(IV) and (12)(a)(V) repealed, IP(25)(a) amended, and (25)(a)(XV) and (25)(a)(XVI) added, (SB17-232), ch. 233, p. 907, � 1, effective May 23; IP(17)(a), (17)(a)(XI), IP(26)(a), and (26)(a)(IV) amended, (SB17-242), ch. 263, p. 1321, � 178, effective May 25; (12)(a)(VII) repealed and (29) added, (SB17-216), ch. 285, p. 1577, � 1, effective June 1; (12)(a)(IX) repealed, IP(23)(a) amended, and (23)(a)(X) and (31) added, (SB17-249), ch. 283, p. 1543, � 1, effective June 1; (12)(a)(I) repealed and (29) added, (SB17-218), ch. 304, p. 1656, � 2, effective June 2; (12)(a)(VI) repealed, IP(27)(a) amended, and (27)(a)(VI) added, (SB17-215), ch. 282, p. 1534, � 4, effective June 30; (12)(a)(II) and (12)(a)(III) repealed and (28) added, (SB17-240), ch. 395, p. 2038, � 1, effective July 1; (13)(a)(IV) repealed, IP(19)(a) amended, and (19)(a)(XIII) added, (SB17-243), ch. 256, p. 1073, � 8, effective July 1; IP(22)(a) amended and (22)(a)(II) added, (HB17-1119), ch. 317, p. 1708, � 11, effective July 1; (12)(a)(VII) and (25)(a) amended, (HB17-1238), ch. 260, p. 1174, � 21, effective August 9; (13)(a)(I) repealed, IP(23)(a) amended, and (23)(a)(IX) added, (SB17-201), ch. 308, p. 1670, � 2, effective August 9; (13)(a)(II) repealed, IP(23)(a) amended, and (23)(a)(VIII) added, (SB17-108), ch. 146, p. 489, � 1, effective August 9; (13)(a)(III) repealed, IP(27)(a) amended, and (27)(a)(VII) added, (SB17-236), ch. 312, p. 1677, � 2, effective August 9; (13)(a)(V) repealed, IP(19)(a) amended, and (19)(a)(XII) added, (SB17-106), ch. 302, p. 1648, � 1, effective August 9; IP(18)(a) and (18)(a)(IV) amended, (SB17-225), ch. 262, p. 1246, � 6, effective August 9; IP(19)(a) amended and (19)(a)(XIV) added, (HB17-1326), ch. 394, p. 2035, � 7, effective August 9; IP(25)(a) and (25)(a)(X) amended, (HB17-1239), ch. 261, p. 1207, � 18, effective August 9; (25)(a)(II) amended, (SB17-226), ch. 159, p. 590, � 8, effective August 9; IP(14)(a) and IP(24)(a) amended and (24)(a)(IV) added, (SB17-132), ch. 207, p. 807, � 3, effective July 1, 2018; (14)(a)(VII)(B) added by revision, (SB17-132), ch. 207, pp. 807, 809, �� 3, 8, (SB17-294), ch. 264, p. 1418,� 121. L. 2018: (14)(a)(V) repealed, (HB18-1183), ch. 60, p. 607, � 1, effective March 22; (21)(a)(X) added, (HB18-1045), ch. 67, p. 624, � 6, effective March 22; (14)(a)(I) repealed, (HB18-1239), ch. 114, p. 810, � 1, effective April 12; (24)(a)(V) added, (HB18-1337), ch. 191, p. 1275, � 2, effective April 30; (24)(a)(X) added, (HB18-1409), ch. 244, p. 1514, � 3, effective May 24; (14)(a)(II) repealed, (HB18-1291), ch. 273, p. 1693, � 9, effective May 29; (29)(a)(II) amended, (HB18-1375), ch. 274, p. 1710, � 47, effective May 29; (15)(a)(VIII) repealed and (24)(a)(VII) added, (HB18-1176), ch. 321, p. 1927, � 3, effective May 30; (14)(a)(III) repealed and (29)(a)(III) added, (HB18-1146), ch. 377, p. 2282, � 1, effective June 6; (14)(a)(IV) repealed and (24)(a)(VI) added, (HB18-1235), ch. 208, p. 1339, � 1, effective July 1; (14)(a)(VI) repealed and (24)(a)(VIII) added, (HB18-1294), ch. 277, p. 1749, � 2, effective July 1; (14)(a)(VIII) repealed and (28)(a)(II) added, (HB18-1256), ch. 229, p. 1441, � 2, effective July 1; (15)(a)(I) repealed and (30) added,(HB18-1240), ch. 209, p. 1341, � 1, effective August 8; (15)(a)(IV) repealed and (34)added, (HB18-1147), ch. 166, p. 1139, � 1, effective August 8; (15)(a)(V) repealed and (30)added, (HB18-1174), ch. 282, p. 1761, � 1, effective August 8; (15)(a)(VI) repealed, (HB18-1237), ch. 165, p. 1137, � 1, effective August 8; (24)(a)(IX) added, (HB18-1309), ch. 269, p. 1659, � 2, effective August 8; (25)(a)(VI) amended and (25)(a)(XVII) added, (SB18-002), ch. 89, p. 715, � 5, effective August 8; (25)(a)(XII) amended, (HB18-1108), ch. 303, p. 1836, � 10, effective August 8; (25)(a)(XIII) amended, (SB18-234), ch. 332, p. 1999, � 4, effective August 8; (29)(a)(IV) added, (SB18-167), ch. 256, p. 1577, � 9, effective August 8; (15)(a)(II) and (15)(a)(III) repealed and (25)(a)(XVIII) and (25)(a)(XIX) added, (HB18-1155), ch. 315, p. 1897, � 3, effective September 1; (17)(a)(XIII) and (17)(a)(XV) amended, (HB18-1023), ch. 55, p. 588, � 17, effective October 1; (23)(a)(VII) amended, (SB18-034), ch. 14, p. 246, � 32, effective October 1; (24)(a)(II) amended, (HB18-1024), ch. 26, p. 323, � 15, effective October 1; (28)(a)(I) amended, (SB18-030), ch. 7, p. 139, � 10, effective October 1; (6)(b)(IX) amended, (HB18-1418), ch. 352, p. 2088, � 2, effective November 1. L. 2019: (19)(a)(XIV) repealed and (24)(a)(XI) added, (SB19-064), ch. 179, p. 2038, � 4, effective May 14; (23)(a)(XII) added, (HB19-1292), ch. 183, p. 2062, � 4, effective May 16; (26)(a)(VIII) added, (HB19-1233), ch. 194, p. 2123, � 8, effective May 16; (16)(a)(I) repealed and (31)(a)(III) added, (SB19-159), ch. 209, p. 2209, � 2, effective May 17; (16)(a)(II) repealed and (35)added, (SB19-150), ch. 241, p. 2369, � 1, effective May 20; (25)(a)(XX) added, (SB19-228), ch. 276, p. 2606, � 11, effective May 23; (17)(a)(I) repealed and (27)(a)(XVI) added, (SB19-236), ch. 359, p. 3290, � 2, effective May 30; (16)(a)(III) repealed and (35)added, (SB19-154), ch. 169, p. 1971, � 2, effective July 1; (16)(a)(IV) repealed and (31)(a)(II)added, (SB19-155), ch. 235, p. 2329, � 1, effective July 1; (16)(a)(V) repealed and (33) added,(SB19-156), ch. 346, p. 3198, � 1, effective July 1; (16)(a)(VI) repealed and (27)(a)(VIII) added, (SB19-153), ch. 369, p. 3376, � 1, effective July 1; (16)(a)(VII) repealed and (27)(a)(XIV) added, (SB19-193), ch. 406, p. 3586, � 3, effective July 1; (17)(a)(II) repealed and (29)(a)(V)added, (SB19-147), ch. 100, p. 363, � 1, effective August 2; (17)(a)(IV) repealed and (29)(a)(VII) added, (SB19-160), ch. 416, p. 3661, � 1, effective August 2; (17)(a)(V) repealed and (27)(a)(X)added, (SB19-163), ch. 213, p. 2221, � 2, effective August 2; (17)(a)(VI) repealed and (27)(a)(XV) added, (SB19-145), ch. 218, p. 2241, � 1, effective August 2; (17)(a)(VII) repealed and (31)(a)(IV) added, (SB19-234), ch. 181, p. 2050, � 1, effective August 2; (17)(a)(VIII) repealed and (27)(a)(XIII) added, (SB19-157), ch. 260, p. 2474, � 1, effective August 2; (17)(a)(IX) repealed and (27)(a)(XII) added, (SB19-158), ch. 409, p. 3605, � 1, effective August 2; (17)(a)(X) repealed and (29)(a)(VI) added, (SB19-164), ch. 371, p. 3385, � 2, August 2; (17)(a)(XI) repealed and (27)(a)(XI)added, (SB19-219), ch. 277, p. 2613, � 1, August 2; (17)(a)(XII) repealed and (29)(a)(VIII)added, (SB19-146), ch. 314, p. 2819, � 1, August 2; (17)(a)(XIII) and (17)(a)(XV) repealed and (29)(a)(X) and (29)(a)(XI) added, (SB19-224), ch. 315, p. 2823, � 3, effective August 2; (17)(a)(XIV) repealed and (29)(a)(IX) added, (SB19-218), ch. 343, p. 3188, � 3, effective August 2; (21)(a)(III) repealed, (SB19-254), ch. 336, p. 3090, � 1, effective August 2; (23)(a)(XI) added, (SB19-231), ch. 290, p. 2674, � 3, effective August 2; (24)(a)(XII) added, (HB19-1051), ch. 404, p. 3577, � 4, effective August 2; (25)(a)(XXI) added, (SB19-008), ch. 275, p. 2599, � 6, effective August 2; (35) added, (HB19-1114), ch. 74, p. 275, � 3, effective August 2; (16)(a)(I), (16)(a)(III),(16)(a)(IV), (16)(a)(V), (16)(a)(VI), (16)(a)(VII), (17)(a)(VII),(18)(a)(V), (18)(a)(VI), (19)(a)(I), (19)(a)(II), (19)(a)(III), (19)(a)(V), (19)(a)(VI),(19)(a)(VII), (19)(a)(VIII), (19)(a)(X), (19)(a)(XII), (20)(a)(II), (21)(a)(II), (21)(a)(IV),(21)(a)(VI), (21)(a)(VII), (21)(a)(VIII), (21)(a)(IX), (21)(a)(X), (23)(a)(I), (23)(a)(II),(23)(a)(IV), (23)(a)(V), (23)(a)(VI), (23)(a)(VIII), (24)(a)(VIII), (25)(a)(IV), (25)(a)(V),(25)(a)(XI), (25)(a)(XIII), (25)(a)(XVIII), (25)(a)(XIX), (26)(a)(I), (26)(a)(III),(27)(a)(I), (27)(a)(V), (27)(a)(VI), (29)(a)(I), and (30)(a)(II) amended, (HB19-1172), ch. 136, p. 1688, � 129, effective October 1; (21)(a)(II) amended, (HB19-1242), ch. 434, p. 3757, � 17, effective October 1; (29)(a)(XII) added, (SB19-224), ch. 315, p. 2939, � 22, effective January 1, 2020. L. 2020: (18)(a)(I) repealed and (30)(a)(III) added, (HB20-1208), ch. 119, p. 494, � 1, effective June 23; (27)(a)(XVII) added, (HB20-1214), ch. 122, p. 519, � 2, effective June 24; (18)(a)(II) repealed and (32)added, (HB20-1211), ch. 159, p. 711, � 1, effective June 29; (18)(a)(III) repealed and (32)added, (HB20-1184), ch. 145, p. 628, � 1, effective June 29; (18)(a)(IV) repealed and (26)(a)(XI) added, (HB20-1213), ch. 160, p. 715, � 1, effective June 29; (19)(a)(II) repealed and (26)(a)(IX) added, (HB20-1200), ch. 188, p. 860, � 1, effective June 30; (24)(a)(IX) repealed, (HB20-1418), ch. 197, p. 945, � 17, effective June 30; (18)(a)(V) repealed and (28)(a)(III) added, (HB20-1216), ch. 190, p. 864, � 3, effective July 1; (18)(a)(VI) repealed and (30)(a)(IV)added, (HB20-1210), ch. 158, p. 706, � 2, effective July 1; (19)(a)(I) repealed and (28)(a)(IV)added, (HB20-1183), ch. 157, p. 673, � 2, effective July 1; (35)(a)(IV) added, (SB20-204), ch. 192, p. 891, � 3, effective July 1; (19)(a)(XI) repealed, (HB20-1404), ch. 231, p. 1121, � 3, effective July 2; (19)(a)(XII) repealed and (30)(a)(V) added, (HB20-1212), ch. 228, p. 1113, � 2, effective July 2; (19)(a)(X) repealed, (HB20-1286), ch. 269, p. 1304, � 1, effective July 10; (19)(a)(IV) repealed and (32)added, (HB20-1215), ch. 273, p. 1335, � 1, effective July 11; (19)(a)(XIII) repealed and (26)(a)(XII) added, (HB20-1285), ch. 292, p. 1439, � 1, effective July 13; (19)(a)(III) repealed and (30)(a)(VI) added, (HB20-1206), ch. 304, p. 1524, � 2, effective July 14; (19)(a)(V) repealed and (32)added, (HB20-1219), ch. 300, p. 1491, � 2, effective September 1; (19)(a)(VI) repealed and (32) added, (HB20-1218), ch. 299, p. 1483, � 2, effective September 1; (19)(a)(VII) repealed and (31)(a)(V) added, (HB20-1230), ch. 274, p. 1338, � 2, effective September 14; (19)(a)(IX) repealed, (HB20-1217), ch. 93, p. 369, � 2, effective September 14; (21)(a)(IV) and (21)(a)(X)amended, (HB20-1056), ch. 64, p. 263, � 6, effective September 14. L. 2021: (20)(a)(I) repealed and (33)(a)(II) added, (SB21-096), ch. 30, p. 125, � 3, effective April 15; (27)(a)(XIX) added, (SB21-175), ch. 240, p. 1276, � 4, effective June 16; (24)(a)(XI) repealed and (28)(a)(VI) added, (HB21-1215), ch. 252, p. 1488, � 3, effective June 17; (25)(a)(XX) repealed, (SB21-137), ch. 362, p. 2381, � 27, effective June 28; (20)(a)(II) repealed, (SB21-098), ch. 285, p. 1692, � 5, effective July 1; (24)(a)(XIII) added, (HB21-1320), ch. 425, p. 2820, � 2, effective July 2; (25)(a)(VI) amended, (HB21-1109), ch. 489, p. 3510, � 1, effective July 7; (26)(a)(XIII) added, (HB21-1283), ch. 472, p. 3383, � 2, effective July 7; (21)(a)(I) repealed and (27)(a)(XVIII) added, (SB21-099), ch. 100, p. 402, � 2, effective September 1; (21)(a)(II) repealed and (31)(a)(VI) added, (SB21-094), ch. 314, p. 1923, � 2, effective September 1; (21)(a)(IV) and (21)(a)(X) repealed, (SB21-102), ch. 31, p. 126, � 1, effective September 1; (21)(a)(V) repealed and (29)(a)(XVI) added, (SB21-103), ch. 477, p. 3407, � 1, effective September 1; (21)(a)(VI) repealed and (29)(a)(XIII) added, (SB21-097), ch. 111, p. 438, � 1, effective September 1; (21)(a)(VII) repealed and (29)(a)(XV) added, (SB21-101), ch. 196, p. 1048, � 1, effective September 1; (21)(a)(VIII) repealed and (29)(a)(XIV) added, (SB21-092), ch. 139, p. 780, � 1, effective September 1; (21)(a)(IX) repealed and (32)(a)(VI) added, (SB21-147), ch. 174, p. 950, � 1, effective September 1; (27)(a)(IX) added, (HB21-1180), ch. 469, p. 3376, � 2, effective September 7; (28)(a)(V) added, (HB21-1195), ch. 398, p. 2645, � 2, effective September 7. L. 2022: (22)(a)(II) repealed and (34)(a)(II) added, (HB22-1262), ch. 89, p. 424, � 2, effective April 12; (22)(a)(I) repealed and (32)(a)(IX)added, (HB22-1212), ch. 253, p. 1846, � 1, effective May 26; (28)(a)(X) added, (HB22-1011), ch. 340, p. 2448, � 2, effective June 3; (25)(a)(XXII) added, (HB22-1295), ch. 123, p. 775, � 4, effective July 1; (26)(a)(IV) and (27)(a)(XI)amended, (HB22-1278), ch. 222, p. 1506, � 50, effective July 1; (6)(b)(IX) amended, (HB22-1098), ch. 220, p. 1439, � 3, effective August 10; (6)(d)(III) amended, (SB22-218), ch. 419, p. 2959, � 1, effective August 10; (23)(a)(I) repealed and (34)(a)(VI) added, (HB22-1233), ch. 398, p. 2829, � 2, effective August 10; (23)(a)(II) repealed and (34)(a)(V) added, (HB22-1235), ch. 442, p. 3100, � 2, effective August 10; (23)(a)(III) repealed and (28)(a)(IX) added, (HB22-1232), ch. 362, p. 2591, � 1, effective August 10; (23)(a)(VI) repealed and (32)(a)(VIII) added, (HB22-1261), ch. 315, p. 2247, � 1, effective August 10; (23)(a)(VII) repealed and (34)(a)(VII) added, (HB22-1412), ch. 405, p. 2874, � 1, effective August 10; (23)(a)(VIII) repealed and (34)(a)(III) added, (HB22-1213), ch. 284, p. 2036, � 2, effective August 10; (23)(a)(IX) repealed and (28)(a)(VIII) added, (HB22-1210), ch. 318, p. 2262, � 2, effective August 10; (23)(a)(X) repealed and (30)(a)(VII) added, (HB22-1228), ch. 309, p. 2222, � 1, effective August 10; (23)(a)(XI) repe
C.R.S. § 24-34-502
24-34-502. Unfair housing practices prohibited - definition. (1) It is an unfair housing practice, unlawful, and prohibited:
(a) (I) For any person to refuse to show, sell, transfer, rent, or lease any
housing; refuse to receive and transmit any bona fide offer to buy, sell, rent, or lease any housing; or otherwise make unavailable or deny or withhold from an individual any housing because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry; to discriminate against an individual because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry in the terms, conditions, or privileges pertaining to any housing or the transfer, sale, rental, or lease of housing or in furnishing facilities or services in connection with housing; or to cause to be made any written or oral inquiry or record concerning the disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry of an individual seeking to purchase, rent, or lease any housing; however, nothing in this subsection (1)(a) requires a dwelling to be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others;
(II) Nothing in this subsection (1)(a) prohibits a written or oral inquiry or
record concerning military or veteran status when the purpose of the inquiry or record is to determine a person's eligibility for veteran or military housing or for a veteran or military housing benefit.
(b) For any person to whom application is made for financial assistance for
the acquisition, construction, rehabilitation, repair, or maintenance of any housing to make or cause to be made any written or oral inquiry concerning the disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry of an individual seeking financial assistance or concerning the disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry of prospective occupants or tenants of the housing, or to discriminate against any individual because of the disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, religion, national origin, or ancestry of the individual or prospective occupants or tenants in the terms, conditions, or privileges relating to obtaining or using any such financial assistance;
(c) (I) For any person to include in any transfer, sale, rental, or lease of
housing any restrictive covenants, but shall not include any person who, in good faith and in the usual course of business, delivers any document or copy of a document regarding the transfer, sale, rental, or lease of housing which includes any restrictive covenants which are based upon race or religion, or reference thereto; or
(II) For any person to honor or exercise or attempt to honor or exercise any
restrictive covenant pertaining to housing;
(d) (I) For any person to make, print, or publish or cause to be made, printed,
or published any notice or advertisement relating to the sale, transfer, rental, or lease of any housing that indicates any preference, limitation, specification, or discrimination based on disability, race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, national origin, or ancestry;
(II) This subsection (1)(d) does not apply when the purpose of the notice or
advertisement is to promote veteran or military housing or a veteran or military housing benefit.
(e) For any person: To aid, abet, incite, compel, or coerce the doing of any act
defined in this section as an unfair housing practice; to obstruct or prevent any person from complying with the provisions of this part 5 or any order issued with respect thereto; to attempt either directly or indirectly to commit any act defined in this section to be an unfair housing practice; to discriminate against any person because such person has opposed any practice made an unfair housing practice by this part 5, because he has filed a charge with the commission, or because he has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted pursuant to parts 3 and 5 of this article; or to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged, any other person in the exercise of any right granted or protected by parts 3 and 5 of this article;
(f) For any person to discharge, demote, or discriminate in matters of
compensation against any employee or agent because of said employee's or agent's obedience to the provisions of this part 5;
(g) For any person whose business includes residential real estate-related
transactions, which transactions involve making or purchasing loans secured by residential real estate or providing other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling or selling, brokering, or appraising residential real property, to discriminate against an individual in making available such a transaction or in fixing the terms or conditions of such a transaction because of race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, disability, familial status, veteran or military status, national origin, or ancestry;
(h) For any person to deny an individual access to or membership or
participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility related to the business of selling or renting dwellings or to discriminate against the individual in the terms or conditions of such access, membership, or participation on account of race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, disability, marital status, familial status, veteran or military status, national origin or ancestry, or source of income;
(i) For any person, for profit, to induce or attempt to induce any person to sell
or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of any individual of a particular race, color, religion, sex, sexual orientation, gender identity, gender expression, disability, familial status, veteran or military status, creed, national origin, or ancestry;
(j) For any person to represent to any other person that a dwelling is not
available for inspection, sale, or rental, when the dwelling is in fact available, for the purpose of discriminating against any individual on the basis of race, color, religion, sex, sexual orientation, gender identity, gender expression, disability, familial status, veteran or military status, creed, national origin, or ancestry;
(k) For any person to violate the provisions of section 24-34-502.2;
(l) For any person to refuse to rent or lease, to refuse to show housing for
rent or lease, to refuse to receive and transmit any bona fide offer to rent or lease, or to otherwise make unavailable or deny or withhold from another person any housing for rent or lease because of a person's source of income;
(m) For any person to discriminate in the terms, conditions, or privileges
pertaining to the rental or lease of any housing, or in the furnishing of facilities or services in connection therewith, because of a person's source of income, including a person's receipt of public housing assistance or a person's participation in a third-party contract required by a public housing assistance program; except that, if the initial payment to the landlord is not made timely in accordance with applicable regulations promulgated by the United States department of housing and urban development due to processing delays or a government shutdown, then a landlord may exercise any right or pursue any remedy available under law;
(n) For any person to make, print, or publish or cause to be made, printed, or
published any notice or advertisement relating to the rental or lease of any housing that indicates any limitation, specification, or discrimination based on a person's source of income;
(o) For any person to represent to another person that any housing is not
available for rent or lease when the housing is in fact available for the purpose of discriminating against the person on the basis of the person's source of income;
(p) For any person, for profit, to induce or attempt to induce another person
to rent any housing by representations regarding the entry or prospective entry into the neighborhood of a person or persons with particular sources of income;
(q) For any person to violate section 38-12-904 (1)(c) or (1)(d); or
(r) For any landlord, as defined in section 38-12-1501 (1), to fail to:
(I) Make reasonable efforts to timely respond to requests for information and
documentation necessary for a rental assistance application process; or
(II) Cooperate with a tenant who is applying for rental assistance in good
faith, including by refusing to provide documents that are required by a state government agency, a local government agency, or other administrating entity to support the tenant's application.
(1.5) (a) Subsections (1)(l) to (1)(p) of this section do not apply to a landlord
with three or fewer units of housing for rent or lease.
(b) Nothing in subsection (1) of this section precludes a landlord from
checking the credit of a prospective tenant. Checking the credit of a prospective tenant is not an unfair housing practice under this section, provided that the landlord checks the credit of every prospective tenant.
(c) As used in this subsection (1.5) and in subsection (1) of this section,
landlord means a person who owns, manages, leases, or subleases a unit of housing and who makes that housing available for rent or lease.
(1.7) Notwithstanding any provision of subsection (1) of this section to the
contrary, if a landlord owns five or fewer single family rental homes and no more than five total rental units including any single family homes, the landlord is not required to accept federal housing choice vouchers for any of those five single family homes as an acceptable source of income under subsection (1) of this section.
(1.8) It is not a violation of this section for a landlord to ask a residential
tenant whether the tenant receives supplemental security income, social security disability insurance under Title II of the federal Social Security Act, 42 U.S.C. sec. 401 et seq., as amended, or cash assistance through the Colorado works program created in part 7 of article 2 of title 26 for the purposes of complying with section 13-40-110 (1).
(2) The provisions of this section shall not apply to or prohibit compliance
with local zoning ordinance provisions concerning residential restrictions on marital status.
(3) Nothing contained in this part 5 shall be construed to bar any religious or
denominational institution or organization which is operated or supervised or controlled by or is operated in connection with a religious or denominational organization from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, or national origin, nor shall anything in this part 5 prohibit a private club not in fact open to the public which, as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(4) (Deleted by amendment, L. 92, p. 1122, � 4, effective July 1, 1992.)
(5) Nothing in this section shall be construed to prevent or restrict the sale,
lease, rental, transfer, or development of housing designed or intended for the use of persons with disabilities.
(6) Nothing in this part 5 prohibits a person engaged in the business of
furnishing appraisals of real property from taking into consideration factors other than race, creed, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, familial status, veteran or military status, disability, religion, national origin, or ancestry.
(7) (a) Nothing in this section shall limit the applicability of any reasonable
local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Nor shall any provision in this section regarding familial status apply with respect to housing for older persons.
(b) As used in this subsection (7), housing for older persons means housing
provided under any state or federal program that the division determines is specifically designed and operated to assist older persons, or is intended for, and solely occupied by, persons sixty-two years of age or older, or is intended and operated for occupancy by at least one person fifty-five years of age or older per unit. In determining whether housing intended and operated for occupancy by one person fifty-five years of age or older per unit qualifies as housing for older persons under this subsection (7), the division shall require the following:
(I) That the housing facility or community publish and adhere to policies and
procedures that demonstrate the intent required under this paragraph (b);
(II) That at least eighty percent of the occupied units be occupied by at least
one person who is fifty-five years of age or older; and
(III) That the housing facility or community comply with rules promulgated by
the commission for verification of occupancy. Such rules shall:
(A) Provide for verification by reliable surveys and affidavits; and
(B) Include examples of the types of policies and procedures relevant to a
determination of such compliance with the requirements of subparagraph (II) of this paragraph (b). Such surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of verification of occupancy in accordance with this section.
(c) Housing shall not fail to meet the requirements for housing for older
persons by reason of persons residing in such housing as of March 12, 1989, who do not meet the age requirements of paragraph (b) of this subsection (7) if the new occupants of such housing meet the age requirements of paragraph (b) of this subsection (7) or, by reason of unoccupied units, if such units are reserved for occupancy by persons who meet the age requirements of paragraph (b) of this subsection (7).
(d) (I) A person shall not be held personally liable for monetary damages for
a violation of this part 5 if such person reasonably relied, in good faith, on the application of the exemption available under this part 5 relating to housing for older persons.
(II) For purposes of this paragraph (d), a person may only show good faith
reliance on the application of an exemption by showing that:
(A) Such person has no actual knowledge that the facility or community is
not or will not be eligible for the exemption claimed; and
(B) The owner, operator, or other official representative of the facility or
community has stated, formally, in writing, that the facility or community complies with the requirements of the exemption claimed.
(8) (a) With respect to familial status, nothing in this part 5 shall apply to
the following:
(I) Any single-family house sold or rented by an owner if such private
individual owner does not own more than three such single-family houses at any one time. In the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection (8) shall apply only with respect to one such sale within any twenty-four-month period. Such bona fide private individual owner shall not own any interest in, nor shall there be owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any such single-family house shall be excepted from the application of this subsection (8) only if such house is sold or rented:
(A) Without the use in any manner of the sales or rental facilities or the sales
or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person; and
(B) Without the publication, posting, or mailing, after notice, of any
advertisement or written notice in violation of this section; but nothing in this section shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title.
(II) Rooms or units in dwellings containing living quarters occupied or
intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
(b) For the purposes of paragraph (a) of this subsection (8), a person shall be
deemed to be in the business of selling or renting dwellings if:
(I) He has, within the preceding twelve months, participated as principal in
three or more transactions involving the sale or rental of any dwelling or any interest therein;
(II) He has, within the preceding twelve months, participated as agent, other
than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or
(III) He is the owner of any dwelling designed or intended for occupancy by,
or occupied by, five or more families.
(9) Repealed.
(10) (a) Nothing in this part 5 prohibits a seller of property from considering
legitimate and nondiscriminatory factors when deciding whether to accept an offer.
(b) Nothing in this part 5 prohibits adherence to requirements under 38 CFR
36 that govern the United States department of veterans affairs benefits, including restrictions on options on a home contract, or prohibits inquiry regarding an individual's veteran or military status to the extent necessary to determine if the individual is eligible for a benefit offered to veterans or members of the military. Such adherence does not constitute a violation of this part 5.
Source: L. 79: Entire part R&RE, p. 933, � 3, effective July 1. L. 89: (1)(e)
amended, p. 1042, � 9, effective July 1. L. 90: (1)(a), (1)(b), (1)(d), and (1)(e) amended and (1)(g), (1)(h), and (6) to (8) added, pp. 1225, 1226, �� 5, 6, 7, effective April 16; (1)(c) amended, p. 1647, � 2, effective April 16; (9) added by revision, pp. 1225, 1226, 1232, �� 5, 6, 7, 12. L. 92: (1)(a), (1)(d), (1)(g), (3), (4), (7)(b), and (8)(a)(II) amended and (1)(i) and (1)(j) added, p. 1122, � 4, effective July 1. L. 93: (9) repealed, p. 1784, � 57, effective June 6; (1)(a), (1)(b), (1)(d), (1)(g) to (1)(j), and (5) amended, p. 1659, � 63, effective July 1. L. 94: (6) amended, p. 1637, � 50, effective May 31. L. 99: (7)(b) amended and (7)(d) added, p. 152, � 2, effective August 4. L. 2008: (1)(a), (1)(b), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), and (6) amended, p. 1595, � 5, effective May 29. L. 2014: (1)(k) added, (SB 14-118), ch. 250, p. 977, � 4, effective August 6. L. 2020: (1)(h) amended and (1)(l), (1)(m), (1)(n), (1)(o), (1)(p), (1.5), and (1.7) added, (HB 20-1332), ch. 298, p. 1480, � 2, effective January 1, 2021. L. 2021: IP(1), (1)(a), (1)(b), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), and (6) amended, (HB 21-1108), ch. 156, p. 886, � 6, effective September 7. L. 2022: (1)(a), (1)(b), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), and (6) amended and (10) added, (HB 22-1102), ch. 65, p. 324, � 2, effective August 10. L. 2023: (1.8) added, (HB 23-1120), ch. 414, p. 2455, � 5, effective June 6; (1)(o) and (1)(p) amended and (1)(q) added, (SB 23-184), ch. 402, p. 2413, � 4, effective August 7. L. 2025: (1)(p) and (1)(q) amended and (1)(r) added, (HB 25-1240), ch. 291, p. 1496, � 4, effective May 29.
Editor's note: (1) Section 7 (2) of chapter 402 (SB 23-184), Session Laws of
Colorado 2023, provides that the act changing this section applies to conduct that occurs on or after August 7, 2023.
(2) Section 7 of chapter 291 (HB 25-1240), Session Laws of Colorado 2025,
provides that the act changing this section applies to conduct occurring on or after May 29, 2025.
Cross references: (1) For the legislative declaration contained in the 2008
act amending subsections (1)(a), (1)(b), (1)(d), (1)(g), (1)(h), (1)(i), (1)(j), and (6), see section 1 of chapter 341, Session Laws of Colorado 2008.
(2) For the legislative declaration in HB 21-1108, see section 1 of chapter 156,
Session Laws of Colorado 2021. For the legislative declaration in HB 23-1120, see section 1 of chapter 414, Session Laws of Colorado 2023. For the legislative declaration in HB 25-1240, see section 1 of chapter 291, Session Laws of Colorado 2025.
C.R.S. § 24-35-109
24-35-109. Collections - distraint and sale. (1) The department of revenue has every power provided by law to enforce the collection of taxes and license fees due the state by foreclosure of liens against real estate and by execution and sale as for a debt due the state or any taxing division or agency thereof.
(2) Specifically, by way of extension and not of limitation, if any person, firm,
or corporation liable to pay any tax for personal property or license fee, all or any portion of which is then due the state, neglects or refuses to pay the same within thirty days after notice and demand therefor to the taxpayer is made in writing by the executive director of the department of revenue or a group, division, or subordinate department head appointed pursuant to this article, it is lawful for the executive director or such group, division, or subordinate department head, to collect the whole of said tax or license fee, together with such interest and other amounts as are required by law, by distraint and sale of the goods, chattels, or effects, including stocks, securities, bank accounts, and evidences of debt of the delinquent taxpayer. Only such property as is exempt from attachment and execution under the laws of this state shall be exempt from distraint and sale under the provisions of this title.
(3) When distraint is made under the power granted in this section, the
officer making such distraint shall make or cause to be made an account of the goods, chattels, and effects distrained and shall sign the same in the name of the state of Colorado by authority of the executive director of the department of revenue. A copy of said notice shall be served upon the owner and upon the possessor of any of the distrained property in the same manner as provided by law for the service of summons in judicial actions in the district courts of the state. Said notice shall also specify the total amount of tax, interest, and penalties due, the time and place when the sale thereof shall occur, and the upset or minimum price, if any, at which the distrained property will be sold. A copy of said notice shall likewise be published once in some legal newspaper within the county in which said distraint is made not more than thirty nor less than ten days prior to the date of such sale, and it shall be posted in a conspicuous place in the county courthouse of said county. If there is no legal newspaper published in such county, then the publication of said notice shall not be required.
(4) Every such sale shall be at public auction and shall be held not less than
thirty nor more than sixty days after service of the notice of distraint, but any such sale may be adjourned from time to time by the officer making the same if the upset or minimum price is not bid or if for any other reason he deems such adjournment advisable; but no such sale shall be adjourned for a longer period than ninety days in all.
(5) In all cases of sale under distraint, the certificate of such sale shall be
prima facie evidence of the regularity of the proceedings in making the sale, and said certificate shall transfer to the purchaser all right, title, and interest of the delinquent taxpayer in and to the property sold; and, if any of the property sold consists of stocks, registered bonds, or other certificates of indebtedness, said certificate of such sale shall be authority for the corporation, firm, or association issuing such stock or having outstanding any such registered bonds or certificates of indebtedness and to all transfer agents thereof to record and transfer the same on their books, accounts, and records the same in all respects as if the certificates of stock or registered bonds or certificates of indebtedness had been duly endorsed for transfer by the delinquent taxpayer as owner thereof.
(6) No such distraint and sale shall occur or be valid unless commenced
within three years from and after the date when such tax or license fee becomes due and payable. Every owner of property thus distrained and sold may redeem the same from such sale after the date when the sale occurred by payment of the amount of such tax, together with interest, penalties, and costs of sale. The executive director of the department of revenue shall collect all taxes due the state on real property in the manner provided by law.
(7) If, at any such sale or any adjournment thereof, the price bid is less than
the cost of sale, the officer making the sale shall bid in the property in the name of the state of Colorado; except that the proportionate share of any political subdivision derived from any such sale shall be remitted to the political subdivision entitled thereto. If the amount bid at any such sale or at any adjournment thereof is less than the amount of the delinquency plus interest, penalties, and costs, if any, the officer making the sale may bid in the property in the name of the state of Colorado if the property tax administrator shall direct him in writing to do so, certifying in such direction that in the opinion of the property tax administrator the price offered is less than the forced sale value of the distrained property offered for sale.
(8) If any person, firm, or corporation liable for the payment of any tax has
repeatedly failed, neglected, or refused to pay the same within the time specified for such payment and the department of revenue has been required to exercise its enforcement proceedings three or more times through the issuance of a distraint warrant to enforce payment of any such taxes due, then the executive director of the department of revenue is authorized to assess and collect the amount of such taxes due together with all the interest and penalties thereon provided by law and also assess and collect an additional amount equal to fifteen percent of the delinquent taxes, interest, and penalties due or the sum of twenty-five dollars, whichever amount is greater, said additional amount being imposed to compensate the department for administrative and collection costs incurred in collecting such delinquent taxes.
Source: L. 41: p. 73, � 40. CSA: C. 3, � 40. CRS 53: � 3-7-11. C.R.S. 1963: � 3-7-9. L. 64: p. 181, � 1. L. 2000: (2) amended, p. 1634, � 5, effective June 1.
C.R.S. § 24-36-113
24-36-113. Investment of state money - limitations. (1) (a) Whenever there are moneys in the state treasury that are not immediately required to be disbursed, the state treasurer is authorized to invest the same in fixed income securities denominated in United States dollars. In making such investments, the state treasurer shall use prudence and care to preserve the principal and to secure the maximum rate of interest consistent with safety and liquidity. The state treasurer shall formulate investment policies regarding liquidity, maturity, and diversification appropriate to each fund or pool of funds in the state treasurer's custody available for investment.
(b) (I) If the state treasurer invests state moneys through an investment firm
offering for sale corporate stocks, bonds, notes, debentures, or a mutual fund that contains corporate securities, the investment firm shall disclose, in any research or other disclosure documents provided in support of the securities being offered, to the state treasurer whether the investment firm has an agreement with a for-profit corporation that is not a government-sponsored enterprise, whose securities are being offered for sale to the state treasurer and because of such agreement the investment firm:
(A) Had received compensation for investment banking services within the
most recent twelve months; or
(B) May receive compensation for investment banking services within the
next three consecutive months.
(II) For the purposes of this paragraph (b), investment firm means a bank,
brokerage firm, or other financial services firm conducting business within this state, or any agent thereof.
(2) Such moneys may be invested, without limitation, in debt obligations of
the United States treasury, any agency of the United States government, or United States government-sponsored corporations.
(2.5) The state treasurer may, in the state treasurer's discretion, invest such
moneys in municipal bonds rated in one of the two highest rating categories by a nationally recognized rating organization.
(3) The state treasurer may, in the state treasurer's discretion, invest such
moneys in repurchase agreements, in banker's acceptances or bank notes issued by banks rated at least investment grade by a nationally recognized rating organization, in commercial paper of prime quality as so classed by a nationally recognized rating organization, and in money market funds that are registered as an investment company under the federal Investment Company Act of 1940, as amended.
(3.5) The state treasurer may, in the state treasurer's discretion, invest such
moneys in corporate debt obligations rated at least investment grade by a nationally recognized rating organization.
(3.6) The state treasurer may, in the state treasurer's discretion, invest such
moneys in asset-backed securities and covered bonds rated in one of the two highest rating categories by a nationally recognized rating organization.
(3.7) Repealed.
(3.8) The state treasurer may, in the state treasurer's discretion, invest such
moneys in mortgage pass-through securities and collateralized mortgage obligations that are issued by any agency of the United States government or a United States government-sponsored corporation or that are rated in one of the two highest rating categories by a nationally recognized rating organization.
(3.9) Repealed.
(4) The state treasurer may make such arrangements for the custody,
safekeeping, and registration of all investment securities as will enable the state treasurer to make prompt delivery thereof upon maturity or in the event of sale.
(5) The state treasurer may engage in reverse repurchase agreements and
securities lending programs for any securities in the state treasurer's custody and may purchase loans if, in the state treasurer's discretion, the purchase of loans will yield a fair and equitable return to the state.
(6) Notwithstanding any restrictions on the investment of state moneys set
forth in this section or in any other provision of law, the state treasurer may authorize the escrow agent appointed pursuant to section 1 of the escrow agreement entered into in connection with, and attached as exhibit B to, the master settlement agreement entered by the court in the case denominated State of Colorado, ex rel. Gale A. Norton, Attorney General v. R.J. Reynolds Tobacco Co.; American Tobacco Co., Inc.; Brown & Williamson Tobacco Corp.; Liggett & Myers, Inc.; Lorillard Tobacco Co., Inc.; Philip Morris, Inc.; United States Tobacco Co.; B.A.T. Industries, P.L.C.; The Council For Tobacco Research--U.S.A., Inc.; and Tobacco Institute, Inc., Case No. 97 CV 3432, in the district court for the city and county of Denver, to invest any tobacco litigation settlement moneys held in escrow for the state of Colorado pursuant to the master settlement agreement and the escrow agreement in any manner permitted by section 5 of the escrow agreement.
(6.1) The state treasurer may, in the state treasurer's discretion, invest such
money in securities that are issued by a sovereign, national, or supranational entity and are rated at least investment grade by a nationally recognized rating organization.
(7) Repealed.
(8) (a) Subject to the requirements set forth in subsection (8)(b) of this
section, the state treasurer may invest money in bonds that are issued by quasi-governmental authorities for the purpose of creating affordable for-sale housing within the state consistent with the public purposes of the quasi-governmental authority issuing the bonds. Notwithstanding subsection (1)(a) of this section, an investment allowed pursuant to this subsection (8) may have a below-market rate of interest.
(b) (I) (A) An investment made as authorized by subsection (8)(a) of this
section must create or finance new affordable, income-restricted for-sale housing within the state that, without such investment, would not otherwise be made available at similar rates and terms.
(B) The housing created with proceeds of the bonds must remain affordable
long-term and be available to borrowers earning no more than one hundred forty percent of the statewide area median income as defined annually by the United States department of housing and urban development with consideration given to elevating opportunities for for-sale housing for the lowest income borrowers and taking into consideration demonstrated community needs. The quasi-governmental authority issuing the bonds or its designee shall require that income verifications are completed.
(II) The initial investment of money that is invested in accordance with this
subsection (8) must not exceed fifty million dollars. Notwithstanding any law to the contrary, the term of an investment made pursuant to this subsection (8) may be up to forty-five years.
(III) Any bond purchased in accordance with this subsection (8) must have at
least two credit ratings at or above A- or A3 or its equivalent from a nationally recognized rating organization and must otherwise be eligible for purchase consistent with the state treasurer's investment policies. The issuance of the bonds must be consistent with the public purposes of the quasi-governmental authority issuing the bonds.
(IV) The state treasurer shall reinvest principal proceeds received from
redemption of an investment made pursuant to this subsection (8) in accordance with this subsection (8); except that any reinvestment shall only be made after the state treasurer receives repayment of fifty percent of the principal amount invested.
(V) The quasi-governmental authority issuing the bonds shall provide an
annual report to the treasurer and the general assembly that includes the total number of units constructed in the reporting year and at what levels of affordability the units will be offered for sale, a map showing each location where proceeds of the bonds have been used, and the average sale price of affordable for-sale housing created with bond proceeds that sold in the reporting year categorized by rural, urban, and rural resort regions. The report must also include housing market and demographic information that demonstrates how the units created address the need for affordable for-sale homes in the communities they are intended to serve and provide information about any remaining disparities concerning housing affordability within these communities.
Source: L. 71: R&RE, p. 99, � 1. C.R.S. 1963: � 3-6-13. L. 73: p. 171, � 2. L. 77:
(4) amended and (5) added, p. 1059, � 2, effective June 1. L. 81: (2) amended, p. 1070, �� 5, 6, effective May 21. L. 88: (3) amended and (3.5) and (3.6) added, p. 950, � 3, effective March 24. L. 92: (3), (3.5), and (3.6) amended and (3.7) added, p. 1113, � 3, effective July 1. L. 97: Entire section amended, p. 373, � 5, effective August 6. L. 99: (6) added, p. 1405, � 4, effective June 5. L. 2003: (7) added, p. 462, � 3, effective March 5; (1) amended, p. 674, � 2, effective August 6. L. 2008: (5) amended, p. 1315, � 2, effective May 27. L. 2013: (1)(a) and (3.6) amended and (2.5) added, (HB 13-1205), ch. 141, p. 457, � 2, effective August 7; (3.9) added, (SB 13-176), ch. 167, p. 547, � 2, effective August 7. L. 2016: (7) repealed, (HB 16-1408), ch. 153, p. 472, � 26, effective July 1. L. 2018: (3.7) and (3.9) repealed and (6.1) added, (HB 18-1402), ch. 391, p. 2343, � 1, effective August 8. L. 2025: (8) added, (SB 25-006), ch. 192, p. 856, � 2, effective May 15.
Cross references: (1) For the federal Investment Company Act of 1940, see
15 U.S.C. sec. 80a-1 et seq.
(2) For the legislative declaration in the 2013 act adding subsection (3.9), see
section 1 of chapter 167, Session Laws of Colorado 2013. For the legislative declaration in SB 25-006, see section 1 of chapter 192, Session Laws of Colorado 2025.
C.R.S. § 24-38-205
24-38-205. Organizations banned from contract awards. Notwithstanding any provision of this part 2 to the contrary, any organization banned from receiving federal funds, and any successor organizations, shall not be awarded a public-private initiative contract pursuant to this part 2.
Source: L. 2010: Entire part added, (HB 10-1010), ch. 90, p. 309, � 1, effective
August 11.
ARTICLE 38.3
Office of Marijuana Coordination
24-38.3-101 and 24-38.3-102. (Repealed)
Source: L. 2017: Entire article repealed, (HB 17-1295), ch. 258, p. 1076, � 1,
effective July 1.
Editor's note: This article 38.3 was added in 2014. For amendments to this
article 38.3 prior to its repeal in 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
ARTICLE 38.5
Colorado Energy Office
PART 1
GENERAL PROVISIONS
24-38.5-101. Colorado energy office - creation. (1) There is hereby created
within the office of the governor the Colorado energy office, the head of which is the director of the Colorado energy office. The director of the office shall be assisted by a deputy director and a staff to fulfill the office's mission to:
(a) Support Colorado's transition to a more equitable, low-carbon, and clean
energy economy and promote resources that reduce air pollution and greenhouse gas emissions, including pollution and emissions from electricity generation, buildings, industry, agriculture, and transportation;
(b) Promote economic development and high quality jobs in Colorado
through advancing clean energy, transportation electrification, and other technologies that reduce air pollution and greenhouse gas emissions, including helping to finance those investments;
(c) Promote energy efficiency;
(d) Promote an equitable transition toward zero emission buildings;
(e) Promote an equitable transition to transportation electrification, zero
emission vehicles, transportation systems, and land use patterns that reduce energy use and greenhouse gas emissions;
(f) Increase energy security;
(g) Support lower long-term consumer costs and support reduced energy
cost burden for lower-income Coloradans; and
(h) Protect the environment and public health.
Source: L. 2008: Entire article added, p. 66, � 1, effective March 18. L. 2012:
Entire section amended, (HB 12-1315), ch. 224, p. 963, � 16, effective July 1. L. 2021: Entire section R&RE, (HB 21-1266), ch. 411, p. 2750, � 20, effective July 2.
Cross references: For the short title (Environmental Justice Act) and the
legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.
24-38.5-102. Colorado energy office - duties and powers - definitions. (1)
The Colorado energy office shall:
(a) Work with communities, utilities, and private and public organizations to:
(I) Support achieving legislative goals to reduce statewide greenhouse gas
pollution, as defined in section 25-7-103 (22.5);
(II) Make progress toward eliminating greenhouse gas pollution from
electricity generation, gas utilities, and transportation;
(III) Implement the renewable energy standard established in section 40-2-124;
(IV) Support the deployment of renewable energy, such as wind,
hydroelectricity, solar, clean hydrogen, and geothermal;
(V) Evaluate, and when appropriate, support the deployment of cleaner
energy sources such as clean hydrogen, geothermal, recovered methane, recovered heat, and advanced nuclear;
(VI) Support the deployment of energy efficiency and energy load
management technologies and practices;
(VII) Evaluate, and where appropriate, support the deployment of innovative
energy technologies as described in section 40-2-123;
(VIII) Support the deployment of energy storage systems, including both
long-duration and short-duration energy storage;
(IX) Support the implementation of clean heat plans pursuant to section 40-3.2-108;
(X) Support widespread transportation electrification;
(XI) Support beneficial electrification, as defined in section 40-1-102 (1.2) in
the building, industrial, and oil and gas sectors;
(XII) Support industrial emissions reductions;
(XIII) Support pollution reduction through carbon capture and sequestration
and other forms of carbon management; and
(XIV) Support sustainable land-use patterns that reduce energy
consumption and greenhouse gas pollution.
(b) Develop programs to reduce energy use and greenhouse gas pollution
from buildings in commercial and residential markets;
(c) Support efforts to reduce greenhouse gas pollution by state government
through energy efficiency, load management, renewable energy, transportation electrification, and cleaner procurement;
(d) Promote technology transfer and economic development;
(e) Support the adoption and implementation of advanced energy codes that
reduce energy use and greenhouse gas emissions and provide information and technical assistance concerning the implementation and enforcement of energy codes to both counties and municipalities, including as specified in sections 24-38.5-103, 24-38.5-401, 24-38.5-402, and 31-15-602 (7);
(f) Collaborate with the state board of land commissioners regarding
renewable energy resource development as specified in section 36-1-147.5 (4);
(g) Provide home energy efficiency improvements for low-income
households, including through the weatherization assistance program, as specified in section 40-8.7-112 (3)(b);
(h) Collaborate with stakeholders to develop and encourage increased
utilization of energy curricula, including science, technology, engineering, and math curricula, that will serve the workforce needs of clean energy industries. Such collaboration may include executive departments, research institutions, state colleges, community colleges, industry, and trade organizations in an effort to develop a means by which the state may address all facets of workforce demands in supporting a clean energy future. Institutions may also partner in the development of curricula with organizations that have existing energy curricula and training programs.
(i) Annually report to the senate transportation and energy committee and
the house energy and environment committee, or their successor committees;
(j) Administer the electric vehicle grant fund created in section 24-38.5-103
(1)(a) and the community access enterprise created in section 24-38.5-303 (1);
(k) Assist the executive director of the department of local affairs in
allocating revenues from the geothermal resource leasing fund to eligible entities pursuant to section 34-63-105;
(l) Develop basic consumer education or guidance about leased solar
installation and purchased solar installation in consultation with industries that offer these options to consumers;
(m) In consultation with the appropriate industries, develop basic consumer
education or guidance about purchased or, if available, leased installation of a system that uses geothermal energy for water heating or space heating or cooling in a single building or for space heating for more than one building through a pipeline network;
(n) Develop and publish an EV charger permitting model code that contains
guidelines for the adoption of EV charger permit standards and permitting processes for counties and municipalities in accordance with sections 30-28-213 (3) and 31-23-316 (3); and
(o) Provide assistance and support to a board of county commissioners or the
governing body of a municipality in developing ordinances or resolutions for the permitting of electric motor vehicle charging systems in accordance with sections 30-28-213 (6) and 31-23-316 (6).
(2) Repealed.
(3) The Colorado energy office shall notify the house of representatives and
senate committees of reference to which the office is assigned pursuant to section 2-7-203 (1), C.R.S., as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing required by section 2-7-203 (2), C.R.S., if it has made any changes to:
(a) Any performance plans and performance evaluations required pursuant
to section 2-7-204, C.R.S.;
(b) Office policies related to energy transmission; and
(c) Office policies that positively or negatively impact the energy sector.
(3.3) As part of the hearing required by section 2-7-203 (2), for hearings held
on or after January 1, 2025, but before January 1, 2034, the Colorado energy office shall report on the estimated impact of greenhouse gas emissions reductions attributable to the tax credits created in sections 39-22-551, 39-22-552, 39-22-553, 39-22-554, 39-22-555, and 39-22-556.
(4) The Colorado energy office may update the greenhouse gas pollution
reduction roadmap, published by the office and dated January 14, 2021, or as amended thereafter, to expressly include geothermal energy as a renewable energy resource that qualifying retail utilities may use to achieve the electric utility sector greenhouse gas pollution reduction goals set forth in the greenhouse gas pollution reduction roadmap.
(5) (a) As used in this subsection (5), unless the context otherwise requires:
(I) Decarbonization tax credits means the tax credits created in sections
39-22-551, 39-22-552, 39-22-553, 39-22-554, 39-22-555, and 39-22-556.
(II) Standards mean the standards or guidelines the office is authorized to
adopt to implement the decarbonization tax credits.
(b) Notwithstanding section 24-1-136 (11)(a)(I), beginning on and after January
1, 2024, but before January 1, 2033, the Colorado energy office shall annually report to the transportation and energy committee of the senate, the energy and environment committee of the house of representatives, and the finance committees of the senate and the house of representatives, or any successor committees, the following:
(I) Standards adopted in the preceding year;
(II) Amendments, modifications, changes, or repeals to previously adopted
standards in the preceding year; and
(III) Information on any public comment solicited or received pursuant to the
adoption of standards or to the amendment, modification, change, or repeal of previously adopted standards.
(c) The Colorado energy office may include the information required in
subsection (5)(b) of this section in its annual presentation to its joint committees of reference pursuant to section 2-7-203.
(d) If in the preceding year the Colorado energy office does not adopt new
standards or make any changes or modifications to adopted standards, then it is not required to report in that year pursuant to subsection (5)(b) of this section.
(e) This subsection (5) is repealed, effective December 1, 2033.
Source: L. 2008: Entire article added, p. 66, � 1, effective March 18; (1)(l)
amended, p. 1871, � 5, effective June 2. L. 2009: (1)(s) added, (HB 09-1298), ch. 417, p. 2317, � 5, effective June 4; (1)(q) added, (SB 09-075), ch. 418, p. 2319, � 2, effective August 5; (1)(r) added, (HB 09-1312), ch. 253, p. 1145, � 3, effective August 5. L. 2010: (1)(t) added, (SB 10-174), ch. 189, p. 811, � 4, effective August 11. L. 2012: IP(1), (1)(a), (1)(e), and (1)(o) amended, (1)(s) and (2) repealed, and (3) added, (HB 12-1315), ch. 224, p. 963, � 17, effective July 1. L. 2013: (3)(a) amended, (HB 13-1299), ch. 382, p. 2244, � 7, effective June 5. L. 2016: (1)(h) repealed, (SB 16-189), ch. 210, p. 767, � 51, effective June 6. L. 2018: (1)(a) and (1)(o) amended and (1)(f), (1)(g), (1)(i), and (1)(r) repealed, (SB 18-003), ch. 359, p. 2132, � 5, effective June 1. L. 2019: (1)(n) amended, (SB 19-236), ch. 359, p. 3333, � 27, effective May 30. L. 2020: (1)(u) added, (HB 20-1155), ch. 193, p. 895, � 1, effective September 14. L. 2022: (1)(v) and (4) added, (SB 22-118), ch. 335, p. 2369, � 1, effective August 10. L. 2023: (3.3) and (5) added, (HB 23-1272), ch. 167, p. 812, � 16, effective May 11; (1) amended, (SB 23-016), ch. 165, p. 730, � 2, effective August 7. L. 2024: (1)(l) and (1)(m) amended and (1)(n) and (1)(o) added, (HB 24-1173), ch. 215, p. 1321, � 4, effective August 7.
Cross references: For the legislative declaration in HB 23-1272, see section 1
of chapter 167, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1173, see section 1 of chapter 215, Session Laws of Colorado 2024.
24-38.5-102.4. Energy fund - creation - use of fund - definitions - report -
repeal. (1) (a) (I) The energy fund is created in the state treasury. The principal of the fund consists of money transferred to the fund from the general fund; money transferred to the fund at the end of the 2006-07 state fiscal year and at the end of each succeeding state fiscal year from money received by the Colorado energy office; money received pursuant to the federal American Recovery and Reinvestment Act of 2009, Pub.L. 111-5, or any amendments thereto; money received pursuant to revenue contracts, court settlement funds, supplemental environmental program funds, or the repayment or return of funds from eligible public depositories; money transferred to the fund pursuant to sections 6-7.5-110 (2)(a), 25-5-1406 (3)(a), and 25-7-1507 (3)(a); money received as gifts, grants, and donations; and any other money received by the Colorado energy office. Money in the fund at the end of any state fiscal year remains in the fund and may not be credited to the state general fund or any other fund. Money in the fund may not be transferred to the innovative energy fund created in section 24-38.5-102.5.
(II) and (III) Repealed.
(IV) (A) On July 1, 2025, the state treasurer shall transfer one hundred
twenty-five thousand dollars from the energy fund to the general fund.
(B) This subsection (1)(a)(IV) is repealed, effective July 1, 2026.
(b) For purposes of this section, Colorado energy office means the
Colorado energy office created in section 24-38.5-101.
(2) (a) All money in the energy fund is continuously appropriated to the
Colorado energy office for the purposes of advancing energy efficiency and renewable energy throughout the state.
(b) The Colorado energy office may expend money from the energy fund:
(I) To attract renewable energy industry investment in the state;
(II) To assist in technology transfer into the marketplace for newly developed
energy efficiency and renewable energy technologies;
(III) To provide market incentives for the purchase and distribution of energy
efficient and renewable energy products;
(IV) To assist in the implementation of energy efficiency projects throughout
the state;
(V) To aid governmental agencies in energy efficiency government
initiatives;
(VI) To facilitate widespread implementation of renewable energy
technologies;
(VII) To educate the general public on energy issues and opportunities;
(VII.5) To implement the building performance program defined in section
24-38.5-112 (3)(b) and described in that section and section 25-7-142; and
(VIII) In any other manner that serves the purposes of advancing energy
efficiency and renewable energy throughout the state.
(c) (I) Subject to the provisions of subparagraph (II) of this paragraph (c), the
moneys in the clean and renewable energy fund may also be used by the Colorado energy office to make grants or loans to persons, as defined in section 2-4-401 (8), C.R.S., for use in carrying out the purposes of this section. The Colorado energy office shall consider the following information in determining whether to make a grant or loan:
(A) The amount of the grant or loan;
(B) The quantified impact on energy demand or amount of clean energy
production generated as a result of the grant or loan;
(C) The potential economic impact of the grant or loan; and
(D) The public benefits expected to result from the grant or loan.
(II) The Colorado energy office may establish terms and conditions for
making grants or loans pursuant to this section and in accordance with the objectives of the office as set forth in section 24-38.5-102.
(3) and (4) Repealed.
(5) (a) For state fiscal years commencing on or before July 1, 2024, and on or
after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the energy fund to the fund.
(b) Notwithstanding subsection (1)(a)(I) of this section, for the state fiscal
year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the energy fund to the general fund.
(c) (I) On June 30, 2025, the state treasurer shall transfer four hundred sixty-six thousand eight hundred two dollars from the energy fund to the general fund.
(II) This subsection (5)(c) is repealed, effective July 1, 2026.
Source: L. 2012: Entire section added, (HB 12-1315), ch. 224, p. 965, � 18,
effective July 1. L. 2018: (1)(a)(I), (2)(a), and (2)(b) amended, (SB 18-003), ch. 359, p. 2133, � 6, effective June 1. L. 2021: (3) added, (SB 21-230), ch. 226, p. 1206, � 1, effective June 14; (4) added, (SB 21-231), ch. 227, p. 1208, � 1, effective June 14; (2)(b)(VII) amended and (2)(b)(VII.5) added, (HB 21-1286), ch. 326, p. 2083, � 2, effective September 7. L. 2023: (1)(a)(I) amended, (HB 23-1161), ch. 285, p. 1717, � 10, effective August 7. L. 2025: (1)(a)(IV) added, (SB 25-264), ch. 129, p. 502, � 21, effective April 25; (1)(a)(I) amended and (5) added, (SB 25-317), ch. 385, p. 2147, � 17, effective June 3.
Editor's note: (1) This section is similar to former � 24-75-1201 as it existed
prior to 2012.
(2) Subsection (1)(a)(II)(B) provided for the repeal of subsection (1)(a)(II),
effective January 1, 2013. (See L. 2012, p. 965.)
(3) Subsection (1)(a)(III)(B) provided for the repeal of subsection (1)(a)(III),
effective January 1, 2017. (See L. 2012, p. 965.)
(4) Subsection (4)(c) provided for the repeal of subsection (4), effective July
1, 2024. (See L. 2021, p. 1208.)
(5) Subsection (3)(d) provided for the repeal of subsection (3), effective July
1, 2025. (See L. 2021, p. 1206.)
Cross references: For the legislative declaration in SB 25-317, see section 1
of chapter 385, Session Laws of Colorado 2025.
24-38.5-102.5. Innovative energy fund - creation - use of fund - definitions
-
repeal. (1) (a) (I) The innovative energy fund is created in the state treasury. The principal of the fund consists of money transferred to the fund by the general assembly, money transferred at the end of each state fiscal year from money received by the Colorado energy office, or from revenue contracts, court settlement funds, supplemental program funds, repayment or return of funds from eligible public depositories, and gifts, grants, and donations, and any other money received by the Colorado energy office. Money in the fund at the end of any state fiscal year remains in the fund and may not be credited to the state general fund or any other fund. Money in the fund may not be transferred to the energy fund created in section 24-38.5-102.4.
(II) (A) For state fiscal years commencing on or before July 1, 2024, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the innovative energy fund to the innovative energy fund.
(B) Notwithstanding subsection (1)(a)(I) of this section, for state fiscal years commencing on or after July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the innovative energy fund to the general fund.
(C) On June 30, 2025, the state treasurer shall transfer four thousand two hundred eighty-five dollars from the innovative energy fund to the general fund. This subsection (1)(a)(II)(C) is repealed, effective July 1, 2026.
(b) For purposes of this section:
(I) Colorado energy office means the Colorado energy office created in section 24-38.5-101.
(II) Innovative energy means an existing, new, or emerging technology that:
(A) Enables the use of a local fuel source;
(B) Establishes a more efficient or environmentally beneficial use of energy; and
(C) Helps to create energy independence or energy security for the state.
(2) (a) All moneys in the innovative energy fund are continuously appropriated to the Colorado energy office for the purposes of advancing innovative energy efficiency throughout the state; except that the moneys are limited to efficiency projects and any other projects related to the severance of minerals subject to taxation under article 29 of title 39, C.R.S.
(b) The Colorado energy office may expend moneys from the innovative energy fund:
(I) To overcome market barriers facing emerging and cost-effective energy technologies;
(II) To promote robust research, development, commercialization, and financing of innovative energy technologies;
(III) To educate the general public on energy issues and opportunities;
(IV) To attract innovative energy industry investment in the state;
(V) To assist in technology transfer into the marketplace for newly developed innovative energy efficiency technologies;
(VI) To provide market incentives for the purchase and distribution of efficient innovative energy products;
(VII) To assist in the implementation of innovative energy efficiency projects throughout the state;
(VIII) To aid governmental agencies in innovative energy efficiency government initiatives;
(IX) To facilitate widespread implementation of innovative energy technologies; and
(X) In any other manner that serves the purposes of advancing innovative energy efficiency throughout the state.
(c) (I) Subject to the provisions of subparagraph (II) of this paragraph (c), the moneys in the innovative energy fund may also be used by the Colorado energy office to make grants or loans to persons, as defined in section 2-4-401 (8), C.R.S., for use in carrying out the purposes of this section. The Colorado energy office shall consider the following information in determining whether to make a grant or loan:
(A) The amount of the grant or loan;
(B) The quantified impact on energy demand or amount of innovative energy production generated as a result of the grant or loan;
(C) The potential economic impact of the grant or loan; and
(D) The public benefits expected to result from the grant or loan.
(II) The Colorado energy office may establish terms and conditions for making grants or loans pursuant to this section and in accordance with the objectives of the office as set forth in section 24-38.5-102.
(3) (a) Notwithstanding any provision of this section to the contrary, on July 1, 2025, the state treasurer shall transfer one hundred fifty-four thousand eight hundred sixty-two dollars from the innovative energy fund to the general fund.
(b) This subsection (3) is repealed, effective July 1, 2026.
Source: L. 2012: Entire section added, (HB 12-1315), ch. 224, p. 966, � 19, effective July 1. L. 2018: (1)(a) and (2)(c)(II) amended, (SB 18-003), ch. 359, p. 2134, � 7, effective June 1. L. 2025: (3) added, (SB 25-264), ch. 129, p. 503, � 22, effective April 25; (1)(a) amended, (SB 25-317), ch. 385, p. 2148, � 18, effective June 3.
Cross references: For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
24-38.5-102.6. Climate change mitigation and adaptation fund - creation - use. (1) The climate change mitigation and adaptation fund, referred to in this section as the fund, is created in the state treasury. The fund consists of:
(a) Civil penalties assessed pursuant to section 25-7-122 (1)(i) and credited to the fund pursuant to section 25-7-122 (1)(i)(III);
(b) Building performance program fees credited to the fund pursuant to section 24-38.5-112 (1)(e), which fees must be separately accounted for in the fund;
(c) Gifts, grants, and donations made to the Colorado energy office to help finance its administration of climate change mitigation or adaptation programs and policies;
(d) Any money that the general assembly may appropriate or transfer to the fund; and
(e) Any other money credited to the fund.
(2) Money in the fund is continuously appropriated to the Colorado energy office for the purpose of financing and administering the building performance program defined in section 24-38.5-112 (3)(b) and described in that section and section 25-7-142.
(3) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
Source: L. 2021: Entire section added, (HB 21-1286), ch. 326, p. 2083, � 3, effective September 7. L. 2025: IP(1) and (1)(a) amended, (HB 25-1269), ch. 216, p. 993, � 7, effective May 20.
Editor's note: Section 10 of chapter 216 (HB 25-1269), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.
24-38.5-102.7. Colorado energy saving mortgage program - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Accredited home energy rating provider means a person who RESNET has accredited through the mortgage industry national home energy rating system accreditation standard as a rating provider and who appears on RESNET's national registry of accredited rating providers or a person who meets other rating provider requirements adopted in guidelines by the Colorado energy office pursuant to paragraph (c) of subsection (4) of this section.
(b) Certified home energy rater means an individual who an accredited home energy rating provider has certified as a RESNET home energy rater to inspect and evaluate a home's energy features, assign a HERS index score to the home, and recommend energy efficiency improvements or an individual who meets other rater certification requirements adopted in guidelines by the Colorado energy office pursuant to paragraph (c) of subsection (4) of this section.
(c) Colorado energy saving mortgage program or program means the Colorado energy star/energy saving mortgage program administered by the Colorado energy office as of January 1, 2013, as modified by this section or by any program changes implemented by the Colorado energy office within the limitations specified in this section, or any successor program.
(d) Energy efficient home means a home that a certified home energy rater has certified as having a HERS index score of not more than fifty or that meets other requirements for being an energy efficient home that the Colorado energy office adopts in guidelines pursuant to subsection (4) of this section.
(e) Energy saving mortgage means a mortgage issued to a borrower by a participating lender through the Colorado energy saving mortgage program for the purpose of financing:
(I) The purchase of a newly built energy efficient home; or
(II) Improvements to an existing home that:
(A) Are made in accordance with recommendations made by or approved by the Colorado energy office following a residential energy audit of the home; and
(B) Are confirmed by post-installation verification conducted by the Colorado energy office or a vendor, including but not limited to a participating utility, under contract with the office to have improved the energy efficiency of the home to the extent required by the Colorado energy office.
(f) HERS index means the home energy rating system index established by RESNET to measure the energy efficiency of a home.
(g) Participating lender means a bank, credit union, other financial institution, or independent mortgage broker that participates in the Colorado energy saving mortgage program by issuing energy saving mortgages and contributing funding that reduces the total cost of the mortgages to the borrowers.
(h) Participating public utility means a public utility, as defined in section 40-1-103, C.R.S., including any municipality that operates an electric utility and any cooperative electric or gas association or nonprofit electric corporation or association, that:
(I) Provides electricity or natural gas to residential customers, without regard to whether the utility, association, or corporation is subject to or exempt, in whole or in part, from the Public Utilities Law, articles 1 to 7 of title 40, C.R.S.;
(II) Chooses to participate in the Colorado energy saving mortgage program by meeting all requirements for participation set forth in guidelines adopted by the Colorado energy office; and
(III) If it is required to comply with the provisions of article 3.2 of title 40, C.R.S., has, prior to its initial participation in the Colorado energy savings mortgage program, had the public utilities commission approve a participation plan.
(i) RESNET means the residential energy services network that is a recognized national standards-making body for building energy efficiency rating and certification systems in the United States.
(2) The Colorado energy office may spend any available moneys to fund energy saving mortgages subject to the following limitations:
(a) To the extent feasible, the Colorado energy office shall spend money evenly on energy saving mortgages that finance purchases of newly built energy efficient homes and energy saving mortgages that finance improvements to existing residences;
(b) Each energy saving mortgage may include funding that reduces the total cost of the mortgage to the borrower from both a participating public utility and a participating lender. The Colorado energy office may adopt guidelines to specify minimum percentages of total funding for an energy saving mortgage that each nonstate source of funding must provide.
(c) If a utility chooses to participate in the Colorado energy savings mortgage program by providing demand-side management program moneys, such moneys may only be used towards energy savings attributable to energy efficiency improvements and not towards energy savings attributable to renewable energy or on-site energy generation improvements.
(d) If a utility has existing demand-side management programs for residential new construction or whole-house existing retrofits, the utility must identify, in a demand-side management plan approved by the public utilities commission prior to the utility's initial participation in the Colorado energy mortgage savings program, how it will track participation in all programs, including the Colorado energy savings mortgage program, to ensure that customers do not receive multiple incentives.
(e) The Colorado energy office may only approve an energy saving mortgage that finances improvements to an existing home if the improvements are made by or approved by the office following a residential energy audit of the home and are confirmed by post-installation verification to have increased the energy efficiency of the home to the extent required by the office. The office may adopt guidelines that specify requirements for energy efficiency increases and the conduct of residential energy audits and post-installation testing.
(f) Subject to the following maximum value limitations, the Colorado energy office may adopt energy savings-based guidelines that set forth the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage:
(I) For an energy saving mortgage that finances the purchase of a new energy efficient home, the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage is:
(A) For a home that has a HERS index score of zero, eight thousand dollars or any lower amount that the Colorado energy office establishes in guidelines; or
(B) For a home that has a HERS index score that is greater than zero but no more than fifty, any lower amounts that the Colorado energy office establishes in guidelines subject to the limitation that if the office establishes multiple lower amounts, those amounts must increase as the HERS index score of a home decreases;
(II) For an energy saving mortgage that finances improvements to an existing home, the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage is the lesser of any energy savings-based amount adopted in guidelines by the Colorado energy office or eight thousand dollars.
(g) The Colorado energy office may spend moneys contributed by a participating public utility only for energy saving mortgages for homes within the service area of the participating public utility.
(h) If demand-side management moneys contributed by a participating utility, when combined with moneys from all other sources, yield an incentive amount that exceeds the incremental cost of the energy saving improvements, the utility must set forth the treatment of the demand-side management moneys in its demand-side management plan and have that treatment approved by the public utilities commission.
(i) If the participation of a participating utility causes additional energy savings improvements to be made, due to the matching Colorado energy office and lender moneys, the public utilities commission may include the additional energy savings benefits and exclude the additional leveraged moneys from the benefit-cost ratio calculation described in section 40-1-102 (5)(b), C.R.S.
(3) A participating public utility receives credit for its participation in the program towards any demand side management program targets, contingent upon public utilities commission approval, pursuant to article 3.2 of title 40, C.R.S., or may receive credit towards any greenhouse gas emissions requirements that may be established in the future.
(4) Notwithstanding any other provision of this section, if another index or measure supersedes the HERS index as the industry standard for measuring building energy efficiency, the Colorado energy office may adopt guidelines that:
(a) Adopt the other index or measure as the standard for determining the energy efficiency of a new home or existing residence;
(b) Specify values on the new index or measure that are comparable to the HERS index scores and point improvements specified in this section and are to be used to determine eligibility for and the maximum value of energy saving mortgages; and
(c) Specify the requirements and procedures, including any required accreditation of rating providers or certification of raters, that must be complied with in rating a new home or existing residence under the other index or measure.
Source: L. 2013: Entire section added, (HB 13-1105), ch. 346, p. 2008, � 1, effective May 28.
24-38.5-103. Electric vehicle grant fund - creation - administration - legislative declaration. (1) (a) (I) There is created in the state treasury the electric vehicle grant fund, referred to in this section as the fund. The Colorado energy office shall use the fund to:
(A) Provide grants to state agencies, public universities, public transit agencies, local governments, landlords of multifamily apartment buildings, private nonprofit or for-profit corporations, and the unit owners' associations of common interest communities as defined in article 33.3 of title 38 to install charging stations for electric vehicles;
(B) Cover the administrative costs of providing grants pursuant to subsection (1)(a)(I)(A) of this section;
(C) Provide analysis and technical support related to the development, permitting, and energization of electric vehicle charging stations, including providing technical assistance to counties and municipalities in accordance with sections 30-28-213 (6) and 31-23-316 (6);
(D) Support or directly engage in operational and policy work to support electric vehicle adoption, electric vehicle charging, and affordable, clean electricity for electric vehicles, including covering the administrative costs of this work; and
(E) Support the development and enforcement of retail electric vehicle charging rules by the division of oil and public safety in the department of labor and employment.
(II) The Colorado energy office shall prioritize grants provided pursuant to subsection (1)(a)(I) of this section based upon:
(A) The extent to which the proposed recipients' charging locations are likely to effectively serve existing electric vehicles or encourage the acquisition of additional electric vehicles;
(B) The extent to which one or more charging stations would not be installed but for the financial assistance provided by a grant from the fund; and
(C) Any other criteria defined by the Colorado energy office.
(b) The general assembly declares that while the intent of this section is to provide assistance and additional incentive where needed to encourage the installation of charging stations thereby maximizing the number of stations that can be installed using the limited resources available from the fund, the Colorado energy office may grant the full cost of an installation or help offset station operating costs in a location that is especially advantageous for support of the electric vehicle market but where other revenues are not and will not foreseeably be available to defray the costs.
(2) The Colorado energy office is authorized to seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund. The money in the fund is continuously appropriated to the Colorado energy office. Any money in the fund not expended for the purposes of this section may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year must remain in the fund and must not be credited or transferred to the general fund or another fund.
Source: L. 2009: Entire section added, (SB 09-075), ch. 418, p. 2319, � 3, effective August 5. L. 2012: (2) amended, (HB 12-1315), ch. 224, p. 968, � 20, effective July 1. L. 2013: (1) amended, (SB 13-126), ch. 165, p. 538, � 3, effective May 3. L. 2014: (1) amended, (SB 14-028), ch. 114, p. 412, � 1, effective April 11. L. 2019: IP(1)(a), (1)(b), and (2) amended, (1)(a)(I) repealed, and (1)(a)(IV) added, (HB 19-1198), ch. 123, p. 532, � 1, effective August 2. L. 2024: (1)(a) amended, (HB 24-1173), ch. 215, p. 1321, � 5, effective August 7. L. 2025: (1)(a)(I)(B) amended and (1)(a)(I)(D) and (1)(a)(I)(E) added, (HB 25-1267), ch. 252, p. 1262, � 3, effective August 6.
Cross references: For the legislative declaration in HB 24-1173, see section 1 of chapter 215, Session Laws of Colorado 2024.
24-38.5-104. Photovoltaic installer qualifications - cooperation with department of regulatory agencies. (Repealed)
Source: L. 2010: Entire section added, (HB 10-1001), ch. 37, p. 152, � 5, effective August 11. L. 2012: (2) amended, (HB 12-1315), ch. 224, p. 968, � 21, effective July 1. L. 2018: Entire section repealed, (SB 18-003), ch. 359, p. 2135, � 8, effective June 1.
24-38.5-105. Clean energy improvement debt reserve fund - authorization - use. (1) (a) The clean energy improvement debt reserve fund is hereby created in the state treasury. The principal of the fund shall consist of up to ten million dollars of legally available moneys from nonstate sources under the control of the Colorado energy office, which the state treasurer shall promptly credit to the fund if instructed in writing to do so by the director of the Colorado energy office, and any fees paid to the state treasurer in accordance with subparagraph (II) of paragraph (b) of this subsection (1). All interest and income derived from the deposit and investment of moneys in the fund shall be credited to the fund, and all unexpended and unencumbered moneys in the fund at the end of any fiscal year shall remain in the fund. The fund is hereby continuously appropriated to the state treasurer, who may expend moneys from the fund solely for the purposes of paying principal and interest on bonds issued by a local improvement district or other special district as specified in paragraph (c) of this subsection (1) and defraying any direct and indirect costs incurred by the state treasurer in executing duties required by this section.
(b) (I) If the Colorado energy office instructs the state treasurer to credit moneys from nonstate sources to the clean energy improvement debt reserve fund, with prior written authorization from the director of the Colorado energy office and the state treasurer and after agreeing to pay fees to be credited to the fund to the state treasurer as specified in subparagraph (II) of this paragraph (b), a local improvement district or other special district that imposes special assessments on real property and issues bonds payable from the revenues generated by the special assessments to generate the moneys needed to pay the up-front costs of making renewable energy improvements or clean energy improvements as authorized by part 6 of article 20 of title 30, C.R.S., or any other provision of law may rely on the clean energy improvement debt reserve fund as a backup source of moneys that may be used, after the depletion of any district debt service reserve fund, for the payment of principal and interest owed to holders of the district's bonds.
(II) A local improvement district or other district that issues bonds and that wishes to rely on the clean energy improvement debt reserve fund as a backup source of moneys for the payment of principal and interest owed to holders of the bonds shall enter into a written agreement with the Colorado energy office to pay to the state treasurer for crediting to the fund such fees for the privilege of relying on the fund as the Colorado energy office may require. Fees to be paid by a district as required by the Colorado energy office shall be deemed to be a portion of the amount of the interest rate savings resulting from more favorable financing terms attributable to the reliance upon the fund. The Colorado energy office may, in its discretion, require that fees be paid on an annual basis, commencing and calculated on the date of issuance of the bonds and on each one-year anniversary of the issuance of the bonds thereafter while the bonds remain outstanding, in an amount equal to a number of basis points of the principal amount of the bonds outstanding as of each calculation date agreed upon by the office and the district.
(c) Whenever the paying agent responsible for making payments to the holders of any bonds issued by a district that has relied upon the clean energy improvement debt reserve fund as a backup source of repayment for the district's bonds has not received payment of principal or interest on the bonds on the tenth business day immediately prior to the date on which such payment is due and any debt service reserve fund for the local improvement district or other special district that issued the bonds has been depleted, the paying agent shall so notify the state treasurer and the district by telephone, facsimile, or other similar communication, followed by written verification, of such payment status. The state treasurer shall immediately contact the district and determine whether the district will make the payment by the date on which it is due and, if the state treasurer confirms that the district will not make the payment, the state treasurer shall expend moneys from the clean energy improvement debt reserve fund to make the payment in a timely manner. If the amount of moneys in the clean energy improvement debt reserve fund is not sufficient to cover the entire amount of the payment, the state treasurer shall pay only so much of the payment as can be paid from available moneys in the fund. If payments on more than one series of bonds issued in reliance upon the clean energy improvement debt reserve fund as a backup source of moneys for repayment are required to be made from the fund at the same time and the amount of moneys in the fund is not sufficient to cover the entire amount of the payments, the state treasurer shall pay from available moneys in the fund only an equal percentage of the amount of each payment due.
(2) This section shall not be construed to create any state debt, to require the state to make any bond payments on behalf of any local improvement district or other special district from any source of moneys other than the clean energy improvement debt reserve fund, or to require the state to fully pay off any outstanding bonds of a district that cannot make scheduled bond payments.
(3) In accordance with section 11 of article II of the state constitution, the state hereby covenants with the purchasers of any outstanding bonds issued in reliance upon the existence of the clean energy improvement debt reserve fund that the state will not repeal, revoke, or rescind the provisions of this section concerning the fund or modify or rescind the same so as to limit or impair the rights and remedies granted by this section to the purchasers of such bonds and that any moneys in the fund shall not revert to the general fund.
Source: L. 2010: Entire section added, (HB 10-1328), ch. 426, p. 2221, � 3, effective June 11. L. 2012: (1)(a) and (1)(b) amended, (HB 12-1315), ch. 224, p. 969, � 22, effective July 1.
24-38.5-106. Financing of capital projects to make state government more energy efficient - financed purchase of asset agreements - legislative declaration - definition. (1) As used in this section, unless the context otherwise requires, utility cost-savings contract shall have the same meaning as set forth in section 24-30-2001 (6).
(2) (a) In order to make state government more energy efficient in accordance with section 24-38.5-102, the Colorado energy office may propose a prioritized list of projects associated with current utility cost-savings contracts that will improve the energy efficiency of state buildings or facilities and that are proposed to be constructed or improved using financing provided in accordance with subsection (3) of this section. If the Colorado energy office creates a prioritized list, the prioritized list shall include an estimate of the total amount of annual utility cost savings expected if all of the projects on the prioritized list are completed; descriptions of the projects, the affected buildings, and the impact of the projects on tenants; a timeline for implementation; a detailed budget for each project; a list of properties recommended for use as collateral, which shall include only properties operated and maintained by agencies that are responsible for the operation and maintenance of at least one state building or facility for which a project is being financed in accordance with subsection (3) of this section; estimates of the amount of annual utility cost savings expected for each of the projects; and expected annual payments for each project, including the expected funding sources for such payments. The Colorado energy office shall submit the prioritized list and referenced supporting documents to the office of state planning and budgeting for review and approval or disapproval. Except as otherwise provided in paragraph (b) of this subsection (2), the office of state planning and budgeting shall submit any projects on the prioritized list that it approves to the capital development committee of the general assembly for review and approval or disapproval. Subject to the limitations specified in subsection (3) of this section, if the capital development committee determines after reviewing the projects submitted to it for its review and approval or disapproval that it is appropriate to authorize the state treasurer to pursue financing provided in accordance with subsection (3) of this section to fund some or all of the projects or if the office of state planning and budgeting has approved projects for buildings or facilities operated and maintained by the department of transportation and submitted such projects to the committee for informational purposes only pursuant to paragraph (b) of this subsection (2), the committee shall provide a letter to the Colorado energy office, the office of state planning and budgeting, the joint budget committee of the general assembly, and the state treasurer that specifies the final approved priority of the projects.
(b) Notwithstanding the provisions of par
C.R.S. § 24-46-201
24-46-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Authority means the venture capital authority created in section 24-46-202.
(2) Certified capital means an amount of cash that is contributed by a
qualified taxpayer to the authority that is deposited in a venture capital fund.
(3) (a) Distressed urban community means an area within a city or city and
county:
(I) Where a qualified business would not be a qualified rural business; and
(II) That has been designated as an enterprise zone pursuant to article 30 of
title 39, C.R.S.
(b) If a distressed urban community's enterprise zone status is terminated
pursuant to article 30 of title 39, C.R.S., a certified investment shall nevertheless continue to be considered an investment in a qualified business that has its principal business operation located in a distressed urban community if the location was in an enterprise zone at the time of the first qualified investment by the fund manager in the business.
(4) Enterprise fund means the enterprise fund created in section 24-46-202.
(5) Fund manager means a partnership, corporation, trust, or limited
liability company that invests cash in qualified businesses or qualified rural businesses and is selected through the authority's competitive selection process to establish and manage one or more venture capital funds as described in this part 2. A fund manager shall have at least two years of money management experience in the venture capital industry or the equivalent as determined by the authority.
(6) Premium tax liability means the liability imposed by section 10-3-209 or
10-6-128, C.R.S., or, in the case of a repeal or reduction by the state of the liability imposed by section 10-3-209 or 10-6-128, C.R.S., any other tax liability imposed upon an insurance company by the state.
(7) Proceeds means any revenues arising from the use of certified capital,
including, but not limited to, income generated from qualified investments and income generated from all certified capital not currently invested in qualified investments.
(8) (a) Qualified business means a business that, subject to paragraphs (b)
and (c) of this subsection (8), meets all of the following criteria as of the time of a fund manager's first qualified investment in the business and as otherwise determined by the authority:
(I) The business:
(A) Is headquartered in this state and its principal business operations are
located in this state; or
(B) Has entered into a contract with a fund manager to comply, within nine
months after finalization of the contract, with sub-subparagraph (A) of this subparagraph (I) and the contract contains enforceable provisions requiring a return of any investment of certified capital and any other revenues required to be paid in the event of noncompliance with this subsection (8) or a contract provision;
(II) Is a small business;
(III) Is not a business predominantly engaged in:
(A) Professional services provided by accountants, doctors, or lawyers;
(B) Banking; lending; real estate development; insurance; oil and gas
exploration; direct gambling activities, which do not include ancillary gambling businesses such as manufacturers of gaming equipment and others as defined by the authority; or
(C) Making loans to or investing in a fund manager or affiliates of a fund
manager;
(IV) Does not receive an investment from a venture capital fund that exceeds
fifteen percent of the venture capital fund's aggregate total of certified capital; and
(V) Maintains its business in this state for at least five years after first
receiving an investment of certified capital and has entered into a contract with a fund manager to comply with this requirement. The contract shall contain enforceable provisions requiring a return of any investment of certified capital and any other revenues required to be paid in the event of noncompliance with this subparagraph (V) or a contract provision.
(b) If a business meets some, but not all, of the criteria set forth in paragraph
(a) of this subsection (8), the business may nevertheless be deemed to be a qualified business if the authority determines that the investment of certified capital in the business proposed by a fund manager pursuant to this part 2 will further the economic development of the state.
(c) Any business that is classified as a qualified business at the time of the
first qualified investment in the business by a fund manager shall remain classified as a qualified business, and may receive continuing qualified investments from a venture capital fund. The continuing investments shall be qualified investments even though the business may not meet the definition of a qualified business at the time of the continuing investments; except that a qualified business shall comply with subparagraph (V) of paragraph (a) of this subsection (8) for at least five years after an initial qualified investment to remain a qualified business and to receive continuing qualified investments.
(9) Qualified distribution means any distribution out of certified capital
from a venture capital fund for expenses related to managing and operating the fund. Qualified distributions shall not exceed two and one-half percent annually of the total amount of certified capital allocated to each venture capital fund unless authorized by the authority after a review of extraordinary items. Qualified distribution does not include the use of certified capital for litigation challenging the validity, implementation, or effect of this part 2 or article 3.5 of title 10, C.R.S., lobbying, or governmental relations.
(10) (a) Qualified investment means, subject to paragraph (b) of this
subsection (10), the investment of certified capital by a fund manager in a qualified business or qualified rural business, as applicable, for the purchase of any debt, debt participation, equity, or hybrid security, including a debt instrument or security that has the characteristics of debt but provides for conversion into equity or equity participation instruments, including, but not limited to, options or warrants; except that a fund manager shall use certified capital only to make seed and early-stage investments in qualified businesses or qualified rural businesses, as applicable; except that the authority may allow a qualified investment in a qualified rural business that is not a seed or early-stage investment if the investment is appropriate and later-stage capital investments are not otherwise available to the qualified rural business. An investment shall be deemed to be a qualified investment only if the qualified business or qualified rural business in which the investment is made expends the qualified investment within Colorado; except that this limitation shall not be deemed to preclude the purchase of services or goods from outside of Colorado if such services are performed and such goods are used in Colorado.
(b) A fund manager shall not make a loan to a qualified business or qualified
rural business unless the business has received two written loan rejection letters from two different commercial banks headquartered or chartered in Colorado that make small business loans, one of which shall be a preferred lender designated by the federal small business administration. Any such loan by a fund manager shall not be made through or in connection with any guaranteed loan program.
(11) (a) Qualified rural business means a qualified business that has its
principal business operations in any county, but not any city and county, in this state that, as of June 9, 2001, has a population of not more than one hundred fifty thousand people and, if the county's population exceeds twenty thousand people, that has a growth rate that does not exceed the statewide average for the period of 1990-2000 by more than twenty-five percent as defined in the two most recent decennial censuses. Additionally, a qualified rural business shall be located in an area designated as an enterprise zone pursuant to article 30 of title 39, C.R.S., unless the authority waives this requirement.
(b) Any business that is classified as a qualified rural business at the time of
the first qualified investment in the business by a fund manager shall remain classified as a qualified rural business and may receive continuing qualified investments from a venture capital fund. The continuing investments shall be qualified investments even though the business may not meet the definition of a qualified rural business at the time of the continuing investments; except that, to remain a qualified rural business and to receive qualified investments, a qualified rural business shall comply with subparagraph (V) of paragraph (a) of subsection (8) of this section for at least five years after an initial qualified investment.
(12) Qualified taxpayer means an insurance company that has contributed
certified capital to the authority and received a tax credit certificate from the authority pursuant to section 24-46-204; except that, upon payment of certified capital by a qualified taxpayer, the qualified taxpayer may transfer or sell all or a portion of its venture capital tax credits to another insurance company, in which case qualified taxpayer shall be deemed to refer to such insurance company. A transfer or sale of venture capital tax credits by a qualified taxpayer shall not affect the schedule for taking the venture capital tax credits as provided in this part 2.
(13) Seed and early-stage investment means the first investment from a
professional venture capital firm to a qualified business. A seed investment is made to a qualified business that has not yet fully established commercial operations or that involves continued research and product development. An early-stage investment is made to a qualified business for product development or initial marketing, manufacturing, or sales activities.
(14) Venture capital fund means one or more rural venture capital funds,
one or more distressed urban community venture capital funds, or one or more statewide venture capital funds as described in section 24-46-203 (1), located outside of the state treasury, containing certified capital that is managed by a fund manager to make qualified investments.
(15) Venture capital tax credit or tax credit means the tax credit created
by section 24-46-204 that a qualified taxpayer may claim pursuant to this part 2.
Source: L. 2004: Entire part added, p. 29, � 8, effective March 4.
C.R.S. § 24-46-310
24-46-310. Issuance of bonds by a financing entity. (1) A financing entity may issue bonds from time to time in its discretion to finance any eligible improvements with respect to a regional tourism project and may also issue refunding or other bonds of the financing entity from time to time in its discretion for the payment, retirement, renewal, or extension of any bonds previously issued by the financing entity under this section and to provide for the replacement of lost, destroyed, or mutilated bonds previously issued under this section.
(2) (a) Bonds issued under this section may be general obligation bonds of
the financing entity, the payment of which, as to principal and interest and premiums, if any, the full faith, credit, and assets, acquired and to be acquired, of the financing entity are irrevocably pledged.
(b) Bonds issued under this section may be special obligations of the
financing entity that, as to principal and interest and premiums, if any, are payable solely from and secured only by a pledge of any income, proceeds, revenues, or funds of the financing entity, including, without limitation, state sales tax increment revenue.
(3) Notwithstanding any other provision of this section, any bonds issued
under this section may be additionally secured as to the payment of the principal and interest and premiums, if any, by a mortgage of any regional tourism project, or any part thereof, title to which is then or thereafter in the financing entity or of any other real or personal property or interests therein then owned or thereafter acquired by the financing entity.
(4) Notwithstanding any other provision of this section, general obligation
bonds issued under this section may be additionally secured as to the payment of the principal and interest and premiums, if any, as provided in subsection (2) of this section, with or without being also additionally secured as to payment of the principal and interest and premiums, if any, by a mortgage as provided in subsection (3) of this section or a trust agreement as provided in subsection (5) of this section.
(5) Notwithstanding any other provision of this section, any bonds issued
under this section may be additionally secured as to the payment of the principal and interest and premiums, if any, by a trust agreement by and between the financing entity and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state.
(6) Bonds issued under this section shall not constitute an indebtedness of
the state or of any county, municipality, or public body of the state other than the financing entity issuing such bonds and shall not be subject to the provisions of any other law or of the charter of any municipality relating to the authorization, issuance, or sale of bonds.
(7) Bonds issued under this section shall be authorized by a resolution of the
financing entity and may be issued in one or more series and shall bear such date, be payable upon demand or mature at such time, bear interest at such rate, be in such denomination, be in such form, either coupon or registered or otherwise, carry such conversion or registration privileges, have such rank or priority, be executed in the name of the financing entity in such manner, be payable in such medium of payment, be payable at such place, be subject to such callability provisions or terms of redemption, with or without premiums, be secured in such manner, be of such description, contain or be subject to such covenants, provisions, terms, conditions, and agreements, including provisions concerning events of default, and have such other characteristics as may be provided by such resolution or by the trust agreement, indenture, or mortgage, if any, issued pursuant to such resolution. The seal, or a facsimile thereof, of the financing entity shall be affixed, imprinted, engraved, or otherwise reproduced upon each of its bonds issued under this section. Bonds issued under this section shall be executed in the name of the financing entity by the manual or facsimile signatures of such officials as may be designated in said resolution or trust agreement, indenture, or mortgage; except that at least one signature on each such bond shall be a manual signature. Coupons, if any, attached to such bonds shall bear the facsimile signature of such official of the financing entity as may be designated as provided in this subsection (7). Said resolution or trust agreement, indenture, or mortgage may provide for the authentication of the pertinent bonds by the trustee.
(8) Bonds issued under this section may be sold by the financing entity in
such manner and for such price as the financing entity, in its discretion, may determine, at par, below par, or above par, at private sale or at public sale after notice published prior to such sale in a newspaper having general circulation in the municipality, or in such other medium of publication as the financing entity may deem appropriate, or may be exchanged by the financing entity for other bonds issued by it under this section.
(9) If any of the officials of the financing entity whose signatures or facsimile
signatures appear on any of its bonds or coupons issued under this section cease to be such officials before the delivery of such bonds, such signatures or facsimile signatures, as the case may be, shall nevertheless be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery.
(10) Notwithstanding any other provision of law, any bonds that are issued
pursuant to this section are fully negotiable.
(11) In any suit, action, or proceeding involving the validity or enforceability of
any bond that is issued under this section or the security therefor, any such bond reciting in substance that it has been issued by the financing entity in connection with a regional tourism project or any activity or operation of the financing entity under this part 3 shall be conclusively deemed to have been issued for such purposes; and such regional tourism project or such operation or activity, as the case may be, shall be conclusively deemed to have been initiated, planned, located, undertaken, accomplished, and carried out in accordance with the provisions of this part 3.
(12) Pending the preparation of any definitive bonds under this section, a
financing entity may issue its interim certificates or receipts or its temporary bonds, with or without coupons, exchangeable for such definitive bonds when the latter have been executed and are available for delivery.
(13) A person retained or employed by a financing entity as an advisor or a
consultant for the purpose of rendering financial advice and assistance may purchase or participate in the purchase or distribution of its bonds when such bonds are offered at public or private sale.
(14) No commissioner or other officer of a financing entity issuing bonds
under this section and no person executing such bonds is liable personally on such bonds or is subject to any personal liability or accountability by reason of the issuance thereof.
(15) No commissioner or other officer of a regional tourism authority issuing
bonds pursuant to this part 3 and no person executing such bonds shall be liable personally on such bonds or shall be subject to any personal liability or accountability by reason of the issuance of the bonds.
(16) Bonds that are issued pursuant to this part 3 are declared to be issued
for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes.
Source: L. 2009: Entire part added, (SB 09-173), ch. 434, p. 2414, � 1,
effective June 4.
ARTICLE 46.1
Economic Development
Central Information System
24-46.1-101. Economic development central information system -
information - availability. (1) There shall be coordinated by the state library and adult education office of the department of education an economic development central information system. The system shall provide access to information as available pursuant to subsection (3) of this section that would be useful to the economic community, businesses and industries making investment and employment decisions, local chambers of commerce, county and municipal governments, planning agencies, real estate brokers, small business owners, researchers, and others providing data and information services in this state. The system may include information that the state departments and agencies listed in subsection (2) of this section provide for general public use.
(2) The following state departments and agencies may identify the
information set forth in subsection (3) of this section that the department or agency provides for general public use:
(a) Repealed.
(b) The department of agriculture;
(c) The department of education;
(d) The department of health care policy and financing;
(e) The department of higher education;
(f) The department of human services;
(g) The department of labor and employment;
(h) The department of law;
(i) The department of local affairs;
(j) The department of military and veterans affairs;
(k) The department of natural resources;
(l) The department of personnel;
(m) The department of public health and environment;
(n) The department of public safety;
(o) The department of regulatory agencies;
(p) The department of revenue;
(q) The department of state;
(r) The department of transportation;
(s) The Colorado international trade office;
(t) The legislative council;
(u) The office of business development; and
(v) The office of state planning and budgeting.
(3) Each department and agency listed in subsection (2) of this section may
identify the following information that the department or agency currently provides for general public use and that may be included in the central information system:
(a) State, county, and municipal demographics;
(b) State vehicle registration;
(c) County driver's license applications and renewals;
(d) State, county, and municipal tax collections and disbursements;
(e) Wholesale and retail trade data;
(f) Labor and employment information including:
(I) State and county labor force and employment data;
(II) State and county unemployment data;
(III) Employment data by industry;
(IV) County and metropolitan statistical area employment data; and
(V) Wage data by industry and job classification;
(g) State export data;
(h) State and county agricultural production;
(i) State, county, and municipal construction data;
(j) Kindergarten through twelfth grade enrollment and graduation rates by
public school district;
(k) Higher education enrollment and graduation rates;
(l) Transportation funding, traffic counts, and air traffic data;
(m) Natural resource, mining, and forestry data;
(n) Application and licensing requirements;
(o) All state licensed, registered, or certified businesses or individuals;
(p) Calendars of events, training, or other state business services; and
(q) All other public business and economic development information
requested of the state library and adult education office by those using the central information system.
(4) On or before July 1, 1997, each department or agency may provide the
information such as that identified in subsection (3) of this section that it provides for general public use to the state library and adult education office of the department of education for inclusion in the central information system and distribution through the access Colorado library and information network. Each department or agency shall provide the information in an open system architecture in cooperation with the office of information technology, created in section 24-37.5-103, and shall update the information as needed to keep the information current.
(5) Any department or agency collecting a fee prior to October 1, 1995, for
information that the department or agency will include in the central information system may continue to charge that fee for the information after it is included in the system.
(6) The state library and adult education office of the department of
education shall work with the office of information technology, created in section 24-37.5-103, to ensure each department or agency supplies its data to the access Colorado library and information network in the open system architecture, the confidentiality of proprietary information, and the integrity of state computer system security.
(7) As used in this section, unless the context otherwise requires:
(a) Access Colorado library and information network means a network of
decentralized computer servers providing access to library and government information resources for the general public with access points distributed throughout the state.
(b) Central information system means state government information,
organized for public access through an integrated menu, whether the information is located on one computer server or a series of connected computer servers.
Source: L. 95: Entire article added, p. 1145, � 1, effective October 1. L. 96:
(2)(a) amended, p. 1470, � 15, effective June 1. L. 97: (2)(a) repealed, p. 1019, � 32, effective August 6. L. 2002: (2)(j) amended, p. 359, � 15, effective July 1. L. 2007: (4) and (6) amended, p. 915, � 13, effective May 17.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (2)(j), see section 1 of chapter 121, Session Laws of Colorado 2002.
ARTICLE 46.3
Work Force Development
Editor's note: This article was added in 1994. This article was repealed and
reenacted in 2000, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 2000, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
PART 1
WORK FORCE DEVELOPMENT COUNCIL
24-46.3-100.3. Definitions. As used in this article 46.3, unless the context
otherwise requires:
(1) Department means the department of labor and employment.
(2) Federal act means the federal Workforce Innovation and Opportunity
Act, 29 U.S.C. sec. 3101 et seq.
(3) State council means the state work force development council created
in section 24-46.3-101 (1).
Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2066, � 167,
effective August 6.
24-46.3-101. State work force development council - creation -
membership - funding through gifts, grants, and donations. (1) There is created in the department the state work force development council. The state council is a type 2 entity, as defined in section 24-1-105. The state council is established as a state work force development board in accordance with the federal act.
(2) Membership of the state council must include:
(a) The governor;
(b) Two members of the house of representatives from different political
parties one appointed by the speaker of the house of representatives and one appointed by the minority leader of the house of representatives; and two members of the senate from different political parties, one appointed by the president of the senate and one appointed by the minority leader of the senate;
(c) Representatives of business in the state, appointed by the governor, who
are:
(I) Owners of businesses, chief executives or operating officers of
businesses, and other business executives or employers with optimum policy-making or hiring authority, including members of local work force investment boards as specified in part 2 of article 83 of title 8, C.R.S.;
(II) Representatives of businesses with employment opportunities that
reflect the employment opportunities in the state;
(III) Representatives that are appointed from among individuals nominated
by state business organizations and business trade associations;
(d) Other members appointed by the governor, who are:
(I) Local elected officials;
(II) Representatives of labor organizations, nominated by state labor
federations;
(III) Representatives of organizations and individuals that have experience
with respect to youth activities;
(IV) Representatives of organizations and individuals that have experience
and expertise in the delivery of work force investment activities, including chief executive officers of community colleges, area technical colleges, and community-based organizations in the state;
(V) The lead state agency officials with responsibility for the programs and
activities authorized in the federal act for the establishment of one-stop systems and carried out by the partners at the one-stop career centers. If no lead state agency official has responsibility for such programs or activities, membership shall include a representative in the state with expertise relating to such programs or activities.
(VI) Such other representatives as the governor may designate, including
persons with disabilities who can represent statewide cross-disability issues, which may include nonvoting members.
(3) For the purposes of determining a conflict of interest by any member of
the state council, a member of the state council may not vote on matters under consideration by the state council regarding the provision of services by such member that would provide direct financial benefit to such member or the immediate family of such member, or engage in any other activity determined by the governor to constitute a conflict of interest as specified in the state plan.
(4) Members of the state council that represent organizations, agencies, or
other entities shall be individuals with optimum policy-making authority within such organizations, agencies, or entities. The members of the state council shall represent diverse regions of the state, including urban, rural, and suburban areas.
(5) A majority of the voting members of the state council shall be
representatives of business as described in paragraph (c) of subsection (2) of this section. The governor shall appoint a chairperson of the state council from one of the representatives of business as described in said paragraph (c).
(6) In order to create a small-voting-member state council consistent with
the requirements of the federal act, state council members may be appointed to satisfy more than one of the membership categories specified in the federal act for the state work force development board.
(7) (a) Except as provided in paragraph (b) of this subsection (7), the voting
state council members that are members of the general assembly shall serve at the pleasure of the speaker of the house of representatives and president of the senate and shall continue in office until the member's successor is appointed. Lead state agency officials and nonvoting members shall serve at the pleasure of the governor. All other members shall initially serve for staggered terms of one, two, and three years, as designated by the governor upon their appointment.
(b) The terms of the members appointed by the speaker of the house of
representatives and the president of the senate and who are serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the speaker and the president shall appoint or reappoint members in the same manner as provided in paragraph (b) of subsection (2) of this section. Thereafter, the terms of the members appointed or reappointed by the speaker and the president shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after such convening date. The person making the original appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term.
(8) The staff of the department, in consultation with the state council and
governor, shall establish an annual budget for basic state council functions, activities, meetings, travel, per diem, reports, and staff. Funding for the state council's budget shall come from a portion of the administrative money available to the mandatory and additional federal partner programs specified in 29 U.S.C. sec. 3151 (b)(1) and (b)(2). The amount of the administrative money from each mandatory and additional federal partner program to be transferred to the state council shall be determined by the office of state planning and budgeting, proportionate to the annual federal partner program or activity grant amounts to the state and appropriated by the general assembly. In addition to the federal partner programs grant funding, the state council shall seek other federal, state, and private grants, gifts, and donations to fund state council special duties, demonstration projects, and initiatives.
(9) The members of the state council appointed pursuant to paragraph (b) of
subsection (2) of this section are entitled to receive compensation and reimbursement of expenses as provided in section 2-2-326, C.R.S.
(10) The state council is authorized to seek, accept, and expend gifts, grants,
or donations from private or public sources for the purposes of this article 46.3; except that the state council may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this article 46.3 or any other law of the state.
(11) and (12) Repealed.
(13) The general assembly may appropriate money from the general fund or
from any other available source to the state council for the purposes of the state council specified in this part 1.
Source: L. 2000: Entire article R&RE, p. 1908, � 2, effective July 1. L. 2007: (7)
amended, p. 183, � 16, effective March 22. L. 2008: (1) and (8) amended, p. 1288, � 1, effective July 1. L. 2012: IP(2) and (2)(c)(I) amended, (HB 12-1120), ch. 27, p. 108, � 24, effective June 1. L. 2014: (9) added, (SB 14-153), ch. 390, p. 1963, � 16, effective June 6; (10) and (11) added, (SB 14-205), ch. 245, p. 943, � 2, effective August 6; (12) added, (HB 14-1384), ch. 347, p. 1559, � 2, effective August 6. L. 2016: (1), (2)(b), and (8) amended, (HB 16-1302), ch. 183, p. 647, � 31, effective May 19; (2)(d)(IV) amended, (HB 16-1082), ch. 58, p. 151, � 39, effective August 10. L. 2018: (6) amended, (HB 18-1375), ch. 274, p. 1711, � 50, effective May 29. L. 2020: (8) and (10) amended, (11) repealed, and (13) added, (HB 20-1396), ch. 138, p. 601, � 9, effective September 14. L. 2021: (12) repealed, (SB 21-179), ch. 114, p. 446, � 2, effective May 7. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3386, � 98, effective August 10. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2066, � 168, effective August 6.
Editor's note: The effective date for amendments to this section by House
Bill 12-1120 (chapter 27, Session Laws of Colorado 2012) was changed from August 8, 2012, to June 1, 2012, by House Bill 12S-1002 (First Extraordinary Session, chapter 2, p. 2432, Session Laws of Colorado 2012.)
Cross references: (1) For the federal Workforce Investment Act of 1998,
see 29 U.S.C. sec. 2801 et seq.
(2) For the short title (the Debbie Haskins 'Administrative Organization Act
of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-46.3-102. Transfer of functions. (1) The staff of the department shall, on
and after July 1, 2008, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the office of work force development prior to said date concerning the duties and functions transferred to the staff of the department pursuant to this section.
(2) (a) On and after July 1, 2008, the officers and employees of the office of
work force development prior to said date whose duties and functions concerned the duties and functions transferred to the staff of the department pursuant to this section shall be transferred to the department.
(b) Any such employees who are classified employees in the state personnel
system shall retain all rights to the personnel system and retirement benefits pursuant to the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and regulations.
(3) On July 1, 2008, all items of property, real and personal, including office
furniture and fixtures, books, documents, and records of the office of work force development prior to said date pertaining to the duties and functions transferred to the staff of the department pursuant to this section, are transferred to the department and become the property thereof.
(4) Whenever the office of work force development is referred to or
designated by a contract or other document in connection with the duties and functions transferred to the staff of the department pursuant to this article, such reference or designation shall be deemed to apply to the department. All contracts entered into by the office of work force development prior to July 1, 2008, in connection with the duties and functions transferred to the staff of the department pursuant to this section are hereby validated, with the department succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred pursuant to such contracts are hereby transferred and appropriated to the department for the payment of such obligations.
Source: L. 2000: Entire article R&RE, p. 1908, � 2, effective July 1. L. 2008:
Entire section amended, p. 1289, � 2, effective July 1.
24-46.3-103. Key industries talent pipeline working group. (1) (a) The
general assembly hereby finds, determines, and declares that:
(I) Colorado's economy is diverse and constantly changing and its key
industries are dependent on an accurately skilled workforce to continue to thrive;
(II) Colorado's key industry employers continue to lack the skilled workers
they need to stay and grow in the state;
(III) Coloradans miss opportunities for good jobs in growing industries
because they do not have access to the right education, training, or adequate hands-on experience at the right time to secure employment;
(IV) Providing clear access to industry-driven career pathways for education
and employment advancement can result in long-term improvements in the economic well-being of Coloradans and will provide industries with the talent pipeline needed to thrive now and in the future;
(V) Creating a coordinated system to advance the skills and educational
attainment of Coloradans across workforce development and education, in alignment with economic development goals, and in partnership with industry is the most promising way to advance Coloradans and supply industry with the talent it demands;
(VI) Deep, authentic, and ongoing employer engagement and input is critical
to ensure that education and training programs are aligned with the real and current needs of industry; and
(VII) Sector partnerships are a proven, established model of engaging
employers and coordinating workforce development, economic development, and education in response to the needs of industry and on behalf of workers seeking good jobs.
(b) The general assembly further finds, determines, and declares that it will
be beneficial to create a working group with the state council comprised of representatives from the relevant state departments and offices to discuss and determine the most effective way to use sector partnerships at the regional level to align workforce development, economic development, and education in the state to the needs of key industries.
(2) The state council, the department of higher education, the department of
education, the department of labor and employment, and the Colorado office of economic development shall work collaboratively to:
(a) Discuss and determine needs across key industries and occupations
including challenges and opportunities in developing and growing relevant talent pipelines;
(b) Ensure that the talent pipeline development infrastructure includes:
(I) A listening process to collect workforce needs for key industries'
employers;
(II) Curriculum alignment for high-demand occupation skill needs;
(III) Occupation-aligned education and training options with a clearly
articulated progression;
(IV) Skills assessments; and
(V) Academic career counseling;
(c) Utilize sector partnerships to:
(I) Advise the development of career pathway programs for critical
occupations in key industries; and
(II) Ensure the coordination of education and workforce initiatives to develop
a strong talent pipeline; and
(d) Utilize existing measures and data systems to improve systems
alignment and inter-agency communication.
(3) (a) In doing the work specified in subsection (2) of this section, the state
council, in partnership with the department of higher education, the department of education, the department of labor and employment, and the Colorado office of economic development, shall coordinate the production of an annual Colorado talent report. In preparing the annual Colorado talent report, the state council, the departments, and the office may use previously collected data and are not required to collect new data for the purposes of the report. The talent report shall:
(I) Take into consideration the data contained in the annual job skills report
produced by the department of higher education and use such data to inform workforce development issues across key industries;
(II) Utilize state-level data generated from state-level sources whenever
possible;
(III) Utilize and, as appropriate, expand existing data-sharing agreements
between agencies and partners;
(IV) Provide a progress report on the status of career pathway programs
targeted at key industries;
(V) Provide an analysis of data regarding the skills required for key industry
jobs;
(VI) Include recommendations related to advancing talent pipeline and
career pathways development;
(VII) Include recommendations regarding the alignment and consistency of
data nomenclature, collection practices, and data-sharing. The recommendations shall not allow the disclosure of the personally identifiable information of a student enrolled in kindergarten or one of grades one through twelve without informed written permission from the student's parent or legal guardian. The recommendations may disclose de-identified, anonymous, or aggregate kindergarten-through-twelfth-grade student data without permission from a parent or legal guardian.
(VIII) Repealed.
(IX) Include the report regarding the industry infrastructure grant program,
prepared as required by section 24-46.3-405.
(b) The heads of the department of higher education, the department of
education, the department of labor and employment, and the Colorado office of economic development shall include the recommendations from the state council, and any comments they may wish to add concerning the recommendations, to the house of representatives and senate committees of reference with jurisdiction over business issues by January 1, 2015. The heads of the departments shall annually present such recommendations and comments during the legislative hearings required pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2, C.R.S.
Source: L. 2014: Entire section added, (SB 14-205), ch. 245, p. 941, � 1,
effective August 6. L. 2016: (3)(a)(VI) and (3)(a)(VII) amended and (3)(a)(VIII) added, (HB 16-1287), ch. 224, p. 856, � 1, effective August 10; (3)(a)(VI) and (3)(a)(VII) amended and (3)(a)(IX) added, (HB 16-1288), ch. 185, p. 654, � 3, effective August 10. L. 2023: (3)(a)(VIII) repealed, (SB 23-051), ch. 37, p. 145, � 21, effective March 23.
Editor's note: Amendments to subsections (3)(a)(VI) and (3)(a)(VII) by HB 16-1287 and HB 16-1288 were harmonized.
Cross references: For the legislative declaration in HB 16-1288, see section 1
of chapter 185, Session Laws of Colorado 2016.
24-46.3-104. Career pathways - design - legislative declaration -
definitions. (1) The general assembly hereby finds that creating industry-driven career pathways for education assists students in entering the work force and provides industries with the talent pipeline necessary to fuel Colorado's economy. Recognizing the need for the coordinated development of career pathways for students, the general assembly enacted section 24-46.3-103 in 2014, tasking the state council to work collaboratively with the department of higher education, the department of education, the department of labor and employment, and the Colorado office of economic development to create the talent pipeline development infrastructure for use in creating career pathways for students. Creating career pathways for growing Colorado industries with occupations in high demand will:
(a) Increase the number of Colorado citizens accessing postsecondary
education and apprenticeships;
(b) Increase the number of Colorado citizens completing degrees,
apprenticeships, and other credentials;
(c) Decrease the need for remediation at the postsecondary level;
(d) Increase entry into employment and increase wages over time;
(e) Create better transitions for students in the career pathways from high
school, community colleges, or adult education programs to apprenticeships, higher education, or into the work force;
(f) Create better connections between postsecondary and work force
readiness initiatives in high school and adult work force programs; and
(g) Through partnerships with industry, assist students in obtaining work
experience and employment during and after participation in educational programs.
(2) As used in this section, unless the context otherwise requires:
(a) Apprenticeship means a registered apprenticeship program with a
written plan that is designed to move an apprentice from a low- or no-skill entry-level position to full occupational proficiency. The program must comply with the parameters established under the National Apprenticeship Act, 29 U.S.C. sec. 50, as amended, and regulations promulgated under the act, and must be administered by the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor. An individual business, an employer association, or a labor organization sponsors a registered apprenticeship. Upon finishing a training program, the apprentice earns a completion of registered apprenticeship certificate, which is an industry-issued and nationally recognized credential that validates proficiency in an apprenticeable occupation, or is awarded a certificate of completion.
(b) Career pathway means a series of connected education and training
strategies and support services that enable individuals to secure industry-relevant skills and certification where applicable, to obtain employment within an occupational area, and to advance to higher levels of future education and employment.
(b.5) Certificate of completion means a certificate awarded to an
apprentice in recognition of the successful completion of an apprenticeship program.
(c) Critical occupations means top jobs or employment in jobs that lead to
top jobs.
(d) Growing industries means industries that are projected to create new
jobs annually for at least the next ten years.
(e) Partners means, at a minimum, state agencies and organizations
described in section 24-46.3-103, the state board for community colleges and occupational education created in section 23-60-104, C.R.S., and interested postsecondary education providers.
(f) State council means the state work force development council created
in section 24-46.3-101.
(g) Top jobs means jobs that have strong projected average openings per
year for ten years and pay a living wage as defined in the Colorado talent pipeline report prepared pursuant to section 24-46.3-103.
(3) (a) The state council, in collaboration with its partners and after
consulting with local work force boards, and a task force within the department of education consisting of leadership from the department of education and superintendents of local school districts, shall design integrated career pathways for students within industry sectors identified in the annual Colorado talent report prepared pursuant to section 24-46.3-103 that are growing industries and that have critical occupations that are without clearly articulated career pathways.
(b) (I) In collaboration with its partners pursuant to subsection (3)(a) of this
section, the state council shall:
(A) Design at least one career pathway that is ready for implementation by or
before the 2016-17 academic year for critical occupations in a growing industry; and
(B) Subject to available appropriation or money from other sources, design at
least two career pathways that are ready for implementation at the beginning of each subsequent academic year for critical occupations in growing industries.
(II) Based on the top jobs listing in the talent pipeline report prepared in
January 2014, the first three growing industries for design of a career pathway are construction and related skilled trades, information technology, and health care.
(c) Industry, through regional sector partnerships, and statewide trade
associations shall review each career pathway annually to ensure that the career pathway remains relevant to the industry and shall provide input for ongoing adjustments to the career pathway to meet work force needs.
(d) Career pathways designed pursuant to this section shall include:
(I) Apprenticeship and other work-based learning options when relevant to
the career pathway and available in the state;
(II) Direct alignment with postsecondary and work force readiness and
individual career and academic plans in high schools. The department of education and local school districts through postsecondary and work force readiness coordinators shall partner with the state council to achieve the alignment.
(III) Initiatives for adult and out-of-school youth when relevant to the career
pathway and available.
(4) In designing career pathways, the state council shall:
(a) Coordinate the career pathway work group made up of all partners'
subject matter experts to ensure that career pathways are comprehensive and integrated across secondary, postsecondary, work force, and industry education and training programs and to ensure that all partners are engaged in the design of the career pathways; and
(b) Use the sector partnership model and relationships with statewide trade
associations to ensure that all career pathways are industry driven and relevant. A career pathway shall not be designed without active industry engagement throughout the process, from the beginning of the process through the final career pathway that is ready for implementation.
(5) The state council and partners shall use the model developed to create
the manufacturing career pathway pursuant to section 23-60-1003, C.R.S., including any improvements to the model based upon the implementation of the manufacturing career pathway. Consistent with the manufacturing career pathway, career pathways created pursuant to this section must have the components described in section 23-60-1003 (2), C.R.S., as they relate to the specific career pathway being created.
(5.5) (a) As used in this subsection (5.5), energy sector means current and
emerging establishments and partnerships engaged in electromechanical generation and maintenance, electrical energy transmission and distribution, energy efficiency and environmental technology, and renewable energy production. The energy sector includes but is not limited to occupations and activities relating to the development, installation, and maintenance of products or technologies in the areas of carbon capture, energy storage, building electrification, electric vehicles, charging infrastructure, hydrogen fuel cell technology, and renewable natural gas.
(b) The state council and partners, including the department of natural
resources, shall create an industry-driven energy sector career pathway for implementation by or before the 2022-23 academic year. The state council shall comply with the provisions of this section, including career pathway design, components, implementation, industry review, and promotion of the energy sector career pathway.
(c) The strengthening photovoltaic and renewable careers (SPARC)
workforce development program, created in part 5 of this article 46.3, shall provide money and other supports for in-demand and growing occupations in the energy sector career pathway created pursuant to this subsection (5.5).
(6) Once a career pathway is completed pursuant to this section, the state
council shall facilitate outreach and training related to advising students on the career pathways for all partners involved in implementing the career pathway, as well as other local, regional, or state entities that are interested in promoting the career pathway to students.
(7) (a) Once a career pathway is completed pursuant to this section, the state
council shall, subject to available appropriation or money from other sources, collaborate with the department of higher education and the department of labor and employment to create a microsite concerning the career pathway on a state-provided, free online resource. At a minimum, the following information must be included:
(I) Industry-sector career awareness;
(II) Salary and wage information for the industry-sector career;
(III) The industry-sector employment forecast;
(IV) Information on programs within the career pathway, services provided,
and financial aid opportunities for students; and
(V) Online student support services.
(b) The state council may use money appropriated by the general assembly
pursuant to section 24-46.3-101 (13) or money from any other source to add additional information and tools to a career pathways microsite, similar to the information and tools provided in the microsite relating to the manufacturing career pathway.
Source: L. 2015: Entire section added, (HB 15-1274), ch. 196, p. 661, � 1,
effective August 5. L. 2020: IP(3)(b)(I), (3)(b)(I)(B), IP(7)(a), and (7)(b) amended, (HB 20-1396), ch. 138, p. 602, � 10, effective September 14. L. 2021: (5.5) added, (HB 21-1149), ch. 247, p. 1343, � 1, effective June 16; (2)(a) amended, (HB 21-1007), ch. 309, p. 1892, � 8, effective July 1. L. 2023: (2)(a) amended and (2)(b.5) added, (SB 23-051), ch. 37, p. 146, � 22, effective March 23. L. 2025: (2)(f) amended, (SB 25-300), ch. 428, p. 2450, � 36, effective August 6.
24-46.3-105. Innovative industries workforce development program -
legislative declaration - definitions - appropriation - repeal. (Repealed)
Source: L. 2015: Entire section added, (HB 15-1230), ch. 226, p. 838, � 1,
effective August 5.
Editor's note: Subsection (7) provided for the repeal of this section, effective
July 1, 2020. (See L. 2015, p. 838.)
24-46.3-106. Career - education - training - planning and exploration -
online platform - report - repeal. (Repealed)
Source: L. 2020: Entire section added, (HB 20-1396), ch. 138, p. 597, � 1,
effective September 14.
Editor's note: Subsection (8) provided for the repeal of this section, effective
June 30, 2025. (See L. 2020, p. 597.)
PART 2
HOSPITALITY CAREER SECONDARY EDUCATION
GRANT PROGRAM
24-46.3-201. Legislative declaration. (1) The general assembly hereby finds
and declares that the hospitality industry:
(a) Plays a vital role in Colorado's economy;
(b) Is diverse, with employers throughout the state;
(c) Employs more than two hundred forty thousand people in Colorado;
(d) Produces more than ten billion dollars in annual sales in Colorado;
(e) Creates sales that generate more than six hundred million dollars in state
and local taxes annually; and
(f) Is an essential element of Colorado's economy.
(2) Therefore, the general assembly finds and declares that developing a
hospitality career secondary education grant program for Colorado citizens will:
(a) Increase the number of Colorado citizens accessing postsecondary
education;
(b) Increase the number of Colorado citizens completing degrees and other
credentials;
(c) Decrease the need for remediation at the postsecondary level;
(d) Increase entry into employment and increase wages over time; and
(e) Create better transitions in educational programs for students in the
hospitality career pathway from high school to college.
Source: L. 2014: Entire part added, (SB 14-015), ch. 329, p. 1457, � 1, effective
June 5.
24-46.3-202. Definitions. As used in this part 2, unless the context
otherwise requires:
(1) Department means the department of labor and employment created in
section 24-1-121.
(2) Fund means the hospitality career secondary education fund created in
section 24-46.3-204.
(3) Grant program means the hospitality career secondary education grant
program established in section 24-46.3-203.
(4) Hospitality industry means Colorado restaurants, hotels, and
attractions.
(5) Hospitality program means a hospitality secondary education program
that, at a minimum:
(a) Includes a curriculum that teaches career- and college-readiness skills
that are pertinent to the hospitality industry;
(b) Offers secondary-level students the opportunity to work in the hospitality
industry and earn wages while in the program;
(c) Offers hospitality industry-validated certificates of completion;
(d) Is approved by the office in the Colorado community college system that
administers high school career and technical education programs for use in Colorado high schools;
(e) Has been administered in at least one Colorado high school for a
minimum of three years;
(f) Is endorsed and supported by at least one Colorado and one national
hospitality trade association; and
(g) Upon successful completion, will result in the issuance of a certificate to
the student that articulates credits for postsecondary education.
Source: L. 2014: Entire part added, (SB 14-015), ch. 329, p. 1458, � 1, effective
June 5.
24-46.3-203. Hospitality career secondary education grant program -
established. (1) There is established in the department the hospitality career secondary education grant program. The purpose of the grant program is to accelerate growth and improve and expand the development of hospitality programs. The department shall administer the grant program through the acceptance and review of applications submitted pursuant to this section and the awarding of grants. The department shall develop application guidelines and establish deadlines for the grant program.
(2) The department shall award the first grants of the grant program for the
2015-16 academic year, so long as moneys are appropriated to the cash fund created for implementation of the grant program. Grants must be awarded annually thereafter, based on available appropriations.
(3) A hospitality program may apply for a grant from the grant program
based on the guidelines and deadlines established by the department in subsection (1) of this section. To be eligible for a grant, a hospitality program shall include, at a minimum, the following information in its application:
(a) A description of how the grant will be used;
(b) A description of the hospitality program, including the number of years it
has been in operation and the high schools in which it has been implemented;
(c) A nonduplicative, clearly articulated course progression from one level of
instruction to the next;
(d) A description of the available opportunities for students to earn
postsecondary credit;
(e) Verification of industry-validated credentials;
(f) Demonstration of partnerships with hospitality industry members where
students have the opportunity to earn income; and
(g) Verification
C.R.S. § 24-51-1703
24-51-1703. Denver public schools division - consolidation. (1) The DPS plan shall continue to govern the benefits and programs specified in such plan through December 31, 2009. On January 1, 2010, the DPS plan shall be superseded by the provisions of this article except to the extent that it is necessary to refer to the DPS plan for the correction of errors and as it may be incorporated by reference in this article.
(2) On January 1, 2010, all the assets, liabilities, and obligations of the Denver
public schools retirement system shall become the assets, liabilities, and obligations of the Denver public schools division of the association without any further act or document of transfer.
(3) On January 1, 2010, notwithstanding the provisions of subsection (2) of
this section, the Denver public schools retirement system or the association, or both, may take such actions and execute such certifications or other instruments as may be convenient to evidence the consummation of the merger of the two systems, its effective date, and the assets or any particular asset transferred. Any such certification or other instrument purportedly executed by an authorized officer of either system and bearing the seal of such system shall be prima facie evidence of all matters stated in the certification or instrument and may be relied upon by any third party, without further inquiry, including, without limitation, any public trustee or other public official of this or any other state or local government. If any certification or other instrument is recorded in the appropriate real estate records in this or any other state or local government, a copy of the certification or instrument, when duly certified by the custodian of the real estate records to be a true copy of the recorded original, shall have the same effect as the original.
(4) The value of assets transferred as of January 1, 2010, as reflected in the
audited financial report effective December 31, 2009, shall determine the initial asset value in the Denver public schools division trust fund for purposes of the initial and future valuations and the proportionate share of the total assets of the association attributable to the Denver public schools division. In the event that the audited value is adjudicated by a court of competent jurisdiction to be in error such that the true value on the date of transfer was different than reflected in the audited financials, an adjustment shall be made to the initial asset value of the Denver public schools division and appropriate adjustments made to the proportionate share of investment returns and expenses of the association attributed to the Denver public schools division. No adjustment to the starting asset value of the Denver public schools division shall result from a change in value after January 1, 2010, of the assets transferred. For purposes of this subsection (4), the Denver public schools retirement system real estate and private equity holdings shall be valued and audited as of December 31, 2009, and the directly owned real estate of the association shall be appraised for evaluation as of December 31, 2009.
(5) (a) Prior legislative attempts to accomplish the merger of the Denver
public schools retirement system into the school division of the Colorado public employees' retirement association with agreement among the three parties have proven unsuccessful notwithstanding substantial expenditures of time and money by the parties. The reasons for such lack of success include the methodology involved in the determination and allocation of the costs of a merger in order to avoid any subsidy to either merging party as a result of the merger. To avoid these problems and to obtain the public policy benefits of a merger, this section mandates the merger without any requirement of agreement among the parties and implements it through the creation of a separate division within the association. Notwithstanding such mandate, the successful integration of the Denver public schools retirement system into the association while maintaining a continuing high level of service to the members and beneficiaries of both systems has required and will continue to require the cooperation and best efforts of the governing bodies and staffs of the Denver public schools retirement system, the association, and the Denver public schools. In the course of the merger, the parties shall observe the fiduciary duties and legal obligations incident to their respective offices, positions, and employments, which duties and obligations may not always be entirely clear or easily accomplished. Therefore, to secure the public policy objectives incident to the merger and its successful implementation in the most efficient way feasible, so long as such governing bodies and staffs act or have acted in good faith and in accordance with a good faith interpretation of the requirements of this section and other applicable law, they shall be deemed to have fulfilled their fiduciary duties and other legal obligations. In addition, such governing bodies and staffs shall have no personal liability for their acts or omissions incident to the implementation of the merger, including all activities reasonably related thereto. Any person who contends otherwise shall bear the burden of proving that any act or omission challenged does not meet the requirements of good faith.
(b) It is the intent of this part 17 to achieve the mandated merger and to
facilitate its implementation, thereby providing portability of the benefits of the members of the Denver public schools retirement system and the association. In addition, this part 17 is intended to pursue efficiencies in the administration of the benefits of members and beneficiaries of the Denver public schools retirement system and in the investment of moneys being transferred to the association and later accruing to it through employer and employee contributions, all in accord with changing conditions. The provisions of this part 17 and the benefit provisions for members and beneficiaries to be provided following the merger shall be interpreted and administered to attempt to further those objectives, and if pursued reasonably and in good faith shall be deemed to comply with applicable legal and fiduciary requirements. Any person who contends otherwise shall bear the burden of proving that any act or omission challenged does not meet all legal requirements applicable in the circumstances.
(c) On January 1, 2010, the separate existence of the Denver public schools
retirement system shall cease, and the terms of its trustees shall expire. In addition, the employment of its employees shall cease, subject to section 24-51-1748, providing for their employment by the association. Any claims against such trustees, former trustees, employees, or former employees in their respective capacities shall be commenced within such periods of limitation and shall be subject to such other provisions as may be provided by law, but in no case shall such an action be brought more than two years after January 1, 2010. Any claims relating to the merger and made against the trustees, former trustees, employees, or former employees of the association in their respective capacities, and any claims relating to the merger and made against members or former members of the board of education or employees or former employees of the school district in their respective capacities shall be commenced within such periods of limitation and shall be subject to such other provisions as may be provided by law, but in no case shall such an action be brought more than two years after January 1, 2010.
Source: L. 2009: Entire part added, (SB 09-282), ch. 288, p. 1359, � 56,
effective May 21.
C.R.S. § 24-51-206
24-51-206. Investments. (1) The board shall have complete control and authority to invest the funds of the association. Preference shall be given to Colorado investments consistent with sound investment policy.
(2) Investments may be made without limitation in the following:
(a) Obligations of the United States government;
(b) Obligations fully guaranteed as to principal and interest by the United
States government;
(c) State and municipal bonds;
(d) Corporate notes, bonds, and debentures whether or not convertible;
(e) Railroad equipment trust certificates;
(f) Real property;
(g) Loans secured by first or second mortgages or deeds of trust on real
property; except that the origination of mortgages or deeds of trust on residential real property is prohibited. For the purposes of this paragraph (g) residential real property means any real property upon which there is or will be placed a structure designed principally for the occupancy of from one to four families, a mobile home, or a condominium unit or cooperative unit designed principally for the occupancy of from one to four families.
(g.5) Investments in stock or beneficial interests in entities formed for the
ownership of real property by tax-exempt organizations pursuant to section 501 (c)(25) of the federal Internal Revenue Code of 1986, as amended; except that the percentage of any entity's outstanding stock or bonds owned by the association shall not be limited by the provisions of paragraph (b) of subsection (3) of this section;
(h) Participation agreements with life insurance companies; and
(i) Any other type of investment agreements.
(3) Investments may also be made in either common or preferred stock with
the following limitations:
(a) The aggregate amount of moneys invested in corporate stocks or
corporate bonds, notes, or debentures which are convertible into corporate stock or in investment trust shares shall not exceed sixty-five percent of the then book value of the fund.
(b) No investment of the fund in common or preferred stock, or both, of any
single corporation shall be of an amount which exceeds five percent of the then book value of the fund, nor shall the fund acquire more than twelve percent of the outstanding stock or bonds of any single corporation.
(c) (I) Each investment firm offering for sale to the board corporate stocks,
bonds, notes, debentures, or a mutual fund that contains corporate securities, shall disclose, in any research or other disclosure documents provided in support of the securities being offered, to the board whether the investment firm has an agreement with a for-profit corporation that is not a government-sponsored enterprise, whose securities are being offered for sale to the board and because of such agreement the investment firm:
(A) Had received compensation for investment banking services within the
most recent twelve months; or
(B) May receive compensation for investment banking services within the
next three consecutive months.
(II) For the purposes of this paragraph (c), investment firm means a bank,
brokerage firm, or other financial services firm conducting business within this state, or any agent thereof.
Source: L. 87: Entire article R&RE, p. 1049, � 1, effective July 1. L. 88: (3)(b)
amended, p. 964, � 1, effective March 29. L. 90: (2)(g) amended and (2)(g.5) added, p. 1250, � 1, effective March 20. L. 92: (3)(a) amended, p. 1050, � 1, effective April 9. L. 2003: (3)(c) added, p. 673, � 1, effective August 6.
Editor's note: This section is similar to former �� 24-51-107 and 24-51-605 as
they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.
C.R.S. § 24-51-211
24-51-211. Amortization of liabilities. (1) An amortization period for each of the state division, school division, local government division, judicial division, and Denver public schools division trust funds shall be calculated separately. A maximum amortization period of thirty years shall be deemed actuarially sound. Upon recommendation of the board, and with the advice of the actuary, the employer or member contribution rates for the plan may be adjusted by the general assembly when indicated by actuarial experience.
(2) On or before November 1, 2009, the board shall submit specific,
comprehensive recommendations to the general assembly regarding possible methods to respond to the decrease in the value of the association's assets, including real estate, private equity, and other investments, to decrease the amortization period of each division of the association, and to ensure that each division of the association will become and remain fully funded.
Source: L. 87: Entire article R&RE, p. 1051, � 1, effective July 1. L. 97: Entire
section amended, p. 63, � 2, effective July 1; entire section amended, p. 772, � 8, effective July 1. L. 2004: Entire section amended, p. 1940, � 7, effective January 1, 2006. L. 2006: Entire section amended, p. 1176, � 4, effective May 25. L. 2009: Entire section amended, (SB 09-282), ch. 288, p. 1336, � 10, effective January 1, 2010.
Editor's note: (1) This section is similar to former �� 24-51-105 and 24-51-206
as they existed prior to 1987. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Amendments to this section by House Bill 97-1082 and House Bill 97-1114
were harmonized.
C.R.S. § 24-51-213
24-51-213. Confidentiality. (1) All information contained in records of members, former members, inactive members, DPS members, DPS retirees, benefit recipients and their dependents, including those from the Denver public schools division, participants in the voluntary investment program established pursuant to part 14 of this article, participants in the defined contribution plan established pursuant to part 15 of this article, and participants in the deferred compensation plan established pursuant to part 16 of this article shall be kept confidential by the association.
(2) (Deleted by amendment, L. 2003, p. 2607, � 2, effective June 5, 2003.)
(3) Information regarding real estate, private equity, private debt, timber,
and mortgage investments by the association may be kept confidential until the transaction is completed if it is determined by the board that disclosure of such information would jeopardize the value of the investment; except that the association may disclose such information to legislative members of the pension review commission created in article 51.1 of this title 24 while the commission is meeting in executive session. If the association cannot disclose such information without violating confidentiality provisions, then the association shall provide enough information to the legislative members of the commission, while the commission is meeting in executive session, to inform the legislators regarding whether such investments continue to be in the public interest.
Source: L. 87: Entire article R&RE, p. 1051, � 1, effective July 1. L. 2003: (1) and
(2) amended, p. 2607, � 2, effective June 5. L. 2004: (3) amended, p. 185, � 1, effective August 4. L. 2009: (1) amended, (SB 09-066), ch. 73, p. 256, � 17, effective March 31; (1) amended, (SB 09-282), ch. 288, p. 1338, � 12, effective January 1, 2010. L. 2018: (3) amended, (SB 18-200), ch. 370, p. 2238, � 4, effective June 4.
Editor's note: Amendments to subsection (1) by Senate Bill 09-066 and
Senate Bill 09-282 were harmonized.
Cross references: For the legislative declaration in SB 18-200, see section 1
of chapter 370, Session Laws of Colorado 2018.
C.R.S. § 24-54-117
24-54-117. Notice of possible change in benefits - ensuring sustainability. The board of any defined benefit plan or system adopted pursuant to the provisions of this article shall provide written notice to each member, inactive member, and beneficiary that the possibility of a reduction of benefits to ensure the sustainability of the defined benefit plan or system could occur in the future.
Source: L. 2012: Entire section added, (SB 12-149), ch. 227, p. 1003, � 2,
effective May 29.
ARTICLE 54.3
Colorado Secure Savings Program Act
Cross references: For the legislative declaration in SB 19-173, see section 1
of chapter 236, Session Laws of Colorado 2019.
24-54.3-101. Short title. The short title of this article 54.3 is the Colorado
Secure Savings Program Act.
Source: L. 2019: Entire article added, (SB 19-173), ch. 236, p. 2341, � 2,
effective May 20. L. 2020: Entire section amended, (SB 20-200), ch. 295, p. 1460, � 2, effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
24-54.3-102. Definitions. As used in this article 54.3, unless the context
otherwise requires:
(1) Board means the Colorado secure savings program board established in
section 24-54.3-103.
(2) Employee means any individual who is eighteen years of age or older,
who is employed by an employer for at least one hundred eighty days, and who earns wages subject to income tax pursuant to section 39-22-104.
(3) Employer means a person or entity engaged in a business, industry,
profession, trade, or other enterprise in the state, whether for profit or not-for-profit, that employed five or more employees at any time during the previous calendar year, has been in business at least two years, and has not offered a qualified retirement plan to any employees, including, but not limited to, a plan qualified under sections 401 (a), 401 (k), 403 (a), 403 (b), 408 (k), 408 (p), or 457 (b) of the internal revenue code in the preceding two years.
(4) Fee means investment management charges, administrative charges,
investment advice charges, trading fees, marketing and sales fees, revenue sharing, broker fees, and other costs necessary to run the Colorado secure savings program.
(5) Internal revenue code means the federal Internal Revenue Code of
1986, as amended, or any successor law.
(6) IRA means a Roth individual retirement account authorized pursuant to
section 408A of the internal revenue code or a traditional individual retirement account.
(6.5) Program means the Colorado secure savings program created by the
board pursuant to section 24-54.3-103 (1).
(7) Wages means any compensation within the meaning of section 219 (f)(1)
of the internal revenue code that is received by an employee from an employer during the calendar year.
Source: L. 2019: Entire article added, (SB 19-173), ch. 236, p. 2341, � 2,
effective May 20. L. 2020: (1) and (4) amended and (6.5) added, (SB 20-200), ch. 295, p. 1460, � 3, effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
24-54.3-103. Colorado secure savings program board - creation -
composition. (1) There is hereby created in the office of the state treasurer the Colorado secure savings program board to create and implement the Colorado secure savings program.
(2) The board consists of the following nine members:
(a) The state treasurer or the treasurer's designee; and
(b) Eight members appointed by the governor as follows:
(I) Five public representatives with expertise in investment or retirement
savings plan administration, including the day-to-day operations of plans, maintaining individual accounts, investing assets in a retirement savings plan, and individual financial planning, at least one of whom shall be a representative of a federally chartered bank and at least one of whom shall be a representative of a state chartered bank;
(II) A representative of employers;
(III) A representative of employees; and
(IV) A retired Colorado resident.
(3) In making appointments to the board, the governor shall make a
concerted effort to include members of diverse political, racial, cultural, income, and ability groups and members from urban and rural areas of the state. The governor shall appoint board members as soon as practicable.
(4) The state treasurer or the treasurer's designee shall serve as the chair of
the board. The members shall elect from among themselves any other officers as may be necessary for the board to carry out its duties and responsibilities.
(5) A vacancy in the term of an appointed board member shall be filled for
the balance of the unexpired term in the same manner as the original appointment.
(6) Members of the board shall serve without compensation but may be
reimbursed for actual and necessary expenses incurred in connection with their board duties.
(7) The term of any member appointed by the board prior to September 15,
2020, shall expire on September 14, 2020. The governor shall make new appointments to the board for terms beginning September 15, 2020, and any member appointed to the board for a term beginning on or after September 15, 2020, shall serve a four-year term; except that members of the board appointed by the governor serve at the pleasure of the governor. A member is eligible for reappointment for an additional two terms.
(8) An individual shall not be or continue to be a member of the board if that
individual has been adjudicated of violating any provisions of this article 54.3 or has been convicted of a felony or crime involving the misappropriation of funds.
(9) The members of the board, any other agents appointed or engaged by the
board, and all persons serving as staff, shall discharge their duties with respect to the analyses solely in the interest of the state and shall not engage in any activities that might result in a conflict of interest with their duties as members of the board.
Source: L. 2019: Entire article added, (SB 19-173), ch. 236, p. 2342, � 2,
effective May 20. L. 2020: (1) and (7) amended, (SB 20-200), ch. 295, p. 1460, � 4, effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
24-54.3-103.5. Colorado secure savings program board - powers - duties.
(1) The board shall have the following powers and duties:
(a) To establish, implement, and maintain the program developed pursuant to
section 24-54.3-104;
(b) To adopt rules for the general administration of the program;
(c) To direct the state treasurer to hire staff to support the oversight and
administration of the program;
(d) To develop an investment policy statement and oversee the investment of
the funds contributed to accounts in the program consistent with the investment restrictions established by the board. The investment restrictions shall be consistent with the objectives of the program, and the board shall exercise the judgment and care then prevailing that persons of prudence, discretion, and intelligence exercise in the management of their own affairs with due regard to the probable income and level of risk from certain types of investments of money, in accordance with the policies established by the board.
(e) To collect application, account, or administrative fees to defray the costs
of administering the program;
(f) To create a grant program to incentivize compliance with the program and
defray the costs of small businesses with five to twenty-five employees;
(g) To seek and accept gifts, grants, and donations to be used for the grant
program and for the purposes of this article 54.3, unless such gifts, grants, or donations would result in a conflict of interest relating to the solicitation of vendors for program administration;
(h) To make and enter into contracts, agreements, or arrangements, and to
retain, employ, and contract for any of the following services considered necessary or desirable, for carrying out the purposes set forth in this article 54.3:
(I) Services of private and public financial institutions, depositories,
consultants, investment advisers, investment administrators, and third-party program administrators;
(II) Research, technical, and other services; and
(III) Services of other state agencies to assist the board in its duties;
(i) To set penalties for employers that do not comply with the requirements
of the program and work with the department of labor and employment to enforce compliance with the program;
(j) To evaluate the need and procedures, if necessary, for the program,
program administration, and board members to have private insurance;
(k) To develop and implement an outreach plan to gain input and disseminate
information regarding the program and retirement savings in general;
(l) To assess the feasibility of multi-state or regional agreements to
administer the program through shared administrative resources and enter into those agreements if determined beneficial; and
(m) To include financial education as a part of the secure savings program
implementation to the extent feasible given available resources.
(2) The board may enter into intergovernmental agreements with the
secretary of state, the department of revenue, the department of labor and employment, and any other agency that the board deems appropriate to provide outreach, technical assistance, or compliance services for the purposes of this article 54.3. Any agency that enters into an intergovernmental agreement with the board pursuant to this section shall collaborate with the board to provide the outreach, technical assistance, or compliance services to the board.
Source: L. 2020: Entire section added, (SB 20-200), ch. 295, p. 1461, � 5,
effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
24-54.3-104. Colorado secure savings program - development. (1) (a) The
board shall develop an automatic enrollment payroll deduction IRA, to be known as the Colorado secure savings program. The program will not be a defined benefit plan and the board shall adhere to the criteria specified in subsections (1)(b) to (1)(g) of this section in developing the program.
(b) The state does not have a duty or liability to any party for the payment of
any retirement savings benefits accrued by any individual under the Colorado secure savings program. Any financial liability for the payment of retirement savings benefits in excess of money available under the program is borne solely by the entities to whom the board contracts to provide insurance to protect the value of the program.
(c) No state board, commission, agency, or any officer or employee thereof is
liable for any loss or deficiency resulting from particular investments selected under this article 54.3.
(d) Participating employers do not have any liability for an employee's
decision to participate in, or opt out of, the Colorado secure savings program or for the investment decisions of the board or of any enrollee.
(e) A participating employer is not a fiduciary, or considered to be a fiduciary,
over the Colorado secure savings program. A participating employer does not bear responsibility for the administration, investment, or investment performance of the program. Employers are not liable for any errors or omissions on disclosure forms, the website, or information provided by the state. A participating employer is not liable with regard to investment returns, program design, and benefits paid to program enrollees.
(f) Money deposited by enrollees in the Colorado secure savings program is
not property of the state, and the plan is not a department, institution, or agency of the state. Amounts on deposit in the program shall not be commingled with state money and the state shall not have a claim to or against, or interest in, such money.
(g) The board is responsible for designing and disseminating to all employers
an employer implementation packet and an employee information packet, which includes background information on the Colorado secure savings program and appropriate disclosures for employees. The employee information packet shall also include information on the mechanics of making contributions to the program and how to opt out of the program.
(2) The board shall design the Colorado secure savings program to promote
greater retirement savings for private sector employees in a convenient, low-cost, and portable manner and the program shall:
(a) Automatically enroll private sector employees who work for employers;
(b) Automatically enroll employees with a contribution level of five percent
of their wages. Employees may opt not to participate in the Colorado secure savings plan or may select a different level of contribution.
(c) Pool investment money, invest money in the Colorado secure savings
program to achieve cost savings through efficiencies and economies of scale, and make or enter into contracts with up to three investment managers, private financial institutions, and other service providers to invest money and administer the program. If fewer than three entities bid to be investment managers or meet the qualifications to be an investment manager as determined by the board, the program may proceed with fewer than three investment managers.
(d) Provide the following investment options:
(I) A low-risk investment portfolio;
(II) Target date funds; and
(III) Other investment funds as determined by the board;
(e) Minimize total annual fees associated with the Colorado secure savings
program. For the first five years of operation of the program, total annual fees associated with the program shall not exceed one percent of the total value of the program's assets. In the sixth year of the operation of the program and in each year thereafter, the total annual fees associated with the program shall not exceed three-quarters of one percent of the total value of the program's assets.
(f) Repealed.
(g) Ensure the portability of benefits and consider the type of IRA offered as
a way of increasing the portability of benefits;
(h) Ensure that employers in all of Colorado's industries are covered by the
Colorado secure savings program and that employees in all of Colorado's industries can participate in the program;
(i) Provide for the investment and deaccumulation of enrollee assets in a
manner that maximizes financial security in retirement;
(j) Repealed.
(k) Allow employers who are not covered by the Colorado secure savings
program to voluntarily participate in the program; and
(l) Allow individuals who are not considered employees under the Colorado
secure savings program but who meet the qualifications to open an IRA to voluntarily participate in the program.
(3) to (5) Repealed.
(6) Employers are required to comply with the requirements of the program
developed pursuant to this article 54.3.
Source: L. 2019: Entire article added, (SB 19-173), ch. 236, p. 2343, � 2,
effective May 20. L. 2020: (1), IP(2), (2)(c), (2)(e), (2)(h), (2)(k), and (2)(l) amended, (2)(f), (2)(j), (3) to (5) repealed, and (6) added, (SB 20-200), ch. 295, pp. 1462, 1467, �� 6, 8, effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
24-54.3-105. Reports to the governor and general assembly. (Repealed)
Source: L. 2019: Entire article added, (SB 19-173), ch. 236, p. 2346, � 2,
effective May 20. L. 2020: Entire section repealed, (SB 20-200), ch. 295, p. 1467, � 8, effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
24-54.3-106. Plan implementation authorization. (Repealed)
Source: L. 2019: Entire article added, (SB 19-173), ch. 236, p. 2347, � 2,
effective May 20. L. 2020: Entire section repealed, (SB 20-200), ch. 295, p. 1467, � 8, effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
24-54.3-107. Colorado secure savings program - rules. (1) The board shall
adopt rules that:
(a) Establish the process for enrollment in the program developed pursuant
to section 24-54.3-104, including procedures for automatic enrollment of employees and for employees to opt out of the program;
(b) Establish the process for withdrawal from program accounts, including
allowing an employee to withdraw money without penalty from the program for at least the first two years of enrollment within the program;
(c) Establish the process for participants to make the default contribution of
five percent to program accounts and to adjust the contribution levels, including mechanisms for automatic adjustments of contribution levels;
(d) Establish the process for employers to withhold employee contributions
to program accounts from employees' wages and send the contributions to the program administrator for the program within no more than fourteen days of contribution being withheld from an employee's wages;
(e) Establish the process for participants to make nonpayroll contributions to
program accounts;
(f) Set minimum and maximum contribution levels in accordance with limits
established by the internal revenue code;
(g) (I) Establish the process and requirements for employer exemption from
offering the program if the employer offers a qualified retirement plan, including but not limited to a plan qualified under section 401 (a), section 401 (k), section 403 (a), section 403 (b), section 408 (k), section 408 (p), or section 457 (b) of the internal revenue code;
(II) The process for exemption shall be minimal for employers and the board
shall use existing state forms and state compliance structures for exemption reporting;
(III) The process for exemption shall allow employers to become exempt if
the employer enters into legally compliant multiple employer plans;
(h) Establish the process and requirements for providing grants to incentivize
compliance with the program and defray costs incurred by small businesses with five to twenty-five employees; except that a grant for a single employer shall not exceed three-hundred dollars;
(i) (I) Establish minimal fines for employer noncompliance in an amount up to
one hundred dollars for each employee per year who is eligible to participate in the program, not to exceed an aggregate amount of five thousand dollars in a calendar year;
(II) Enforcement of fines shall not commence until at least one year after the
program is established or one year after an employer is scheduled to enter the program, whichever is later;
(III) An employer shall not be fined until three months after the employer has
received a notice of noncompliance;
(j) Establish the process for enforcing employer compliance with the
program, in partnership with the department of labor and employment; and
(k) Mandate the contents and frequency of required disclosures to
employees, employers, and other program participants. These disclosures must include, but need not be limited to:
(I) The benefits and risks associated with making contributions to the
program;
(II) Instructions for making contributions to the program;
(III) Instructions for opting out of the program;
(IV) Instructions for participating in the program with a level of contributions
other than the default rate;
(V) The process for withdrawing retirement savings in accordance with the
employee's investment type;
(VI) How to obtain additional information about the program;
(VII) That employees seeking financial advice should work with the program
administrator or contact financial advisers, that participating employers are not in a position to provide financial advice, and that participating employers are not liable for decisions employees make in connection with their participation in the program;
(VIII) That the program is not an employer-sponsored retirement plan;
(IX) That the program accounts and rate of return are not guaranteed by the
state; and
(X) The possible tax implications and restrictions of individual retirement
accounts.
Source: L. 2020: Entire section added, (SB 20-200), ch. 295, p. 1464, � 7,
effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
24-54.3-108. Colorado secure savings program fund - creation. (1) The
Colorado secure savings fund, referred to in this section as the fund, is hereby created in the state treasury. The fund consists of the following:
(a) Money appropriated to the fund by the general assembly;
(b) Money transferred to the fund from the federal government, other state
agencies, or local governments;
(c) Money from the payment of fees, penalties, and the payment of other
money due to the board; and
(d) Any gifts, grants, or donations made to the board, and any gifts, grants,
donations, or investments received by the state treasurer.
(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 moneys remaining in the fund at the
end of a fiscal year shall remain in the fund.
(4) Money in the fund is continuously appropriated to the board for the
purposes of implementing and administering this article 54.3.
Source: L. 2020: Entire section added, (SB 20-200), ch. 295, p. 1466, � 7,
effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
24-54.3-109. Implementation and administration - costs. The state
treasurer may seek, accept, and expend gifts, grants, donations, or investments not required to be repaid, from private or public sources for the costs associated with the administration of this article 54.3.
Source: L. 2020: Entire section added, (SB 20-200), ch. 295, p. 1466, � 7,
effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
24-54.3-110. Confidentiality. Individual account information for accounts
under the program developed pursuant to section 24-54.3-104, including but not limited to names, addresses, telephone numbers, personal identification information, amounts contributed, and earnings on amounts contributed, is confidential and shall be maintained as confidential; except that individual account information may be disclosed to the extent necessary to administer the program developed pursuant to section 24-54.3-104 in a manner consistent with this article 54.3, state tax laws, and the internal revenue code. The provisions of this section do not apply if the person who provides the information or is the subject of the information expressly agrees in writing that the information may be disclosed.
Source: L. 2020: Entire section added, (SB 20-200), ch. 295, p. 1466, � 7,
effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
24-54.3-111. Annual report. Notwithstanding the provisions of section 24-1-136 (11), on or before April 1, 2022, and on or before April 1 each year thereafter, the
board shall submit a report to the governor and to the members of the finance committees of the senate and the house of representatives, or any successor committees, detailing the board's activities and the status of the program. At a minimum, the report shall include statistics regarding enrollment in the program, the number of program accounts opened, the average amount employees are saving through the program, average contribution levels, a summary of common complaints or concerns about the program, and information regarding the administrative costs and fees associated with the program.
Source: L. 2020: Entire section added, (SB 20-200), ch. 295, p. 1467, � 7,
effective July 14.
Cross references: For the legislative declaration in SB 20-200, see section 1
of chapter 295, Session Laws of Colorado 2020.
ARTICLE 54.5
Educational Employees'
Optional Retirement Plan
24-54.5-101. Legislative declaration. The general assembly of Colorado
hereby finds and declares that it is essential for the state colleges and universities of Colorado to be able to attract and retain the most qualified faculty and administrators in order to preserve and enhance the ability of such colleges and universities to fulfill their educational, service, and research responsibilities. Accordingly, in order to attract and retain such employees, the general assembly hereby finds and declares that it is imperative that the governing boards of the state colleges and universities, except the university of Colorado, which currently has authority to provide an optional retirement plan, should have the maximum flexibility to provide alternative optional retirement plans.
Source: L. 92: Entire article added, p. 571, � 2, effective July 1.
24-54.5-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) Association means the public employees' retirement association
established pursuant to section 24-51-201.
(2) Eligible employee means any employee of a state college or university
who is:
(a) Exempt from the state personnel system under section 13 (2) of article XII
of the state constitution as a faculty member of an educational institution or department not reformatory or charitable in character; or
(b) Exempt from the state personnel system pursuant to the provisions of
section 24-50-135.
(3) Eligible position means a position at a state college or university for
which an optional retirement plan is available.
(4) Employing institution means any state college or university which
employs eligible employees.
(5) Governing board means any governing board of state colleges and
universities.
(6) Optional retirement plan means any defined contribution plan
established pursuant to the provisions of this article for the benefit of eligible employees.
(7) State college or university means any postsecondary educational
institution, including community and local district colleges, established and existing pursuant to title 23, C.R.S., as an agency of the state of Colorado and supported wholly or in part by tax revenues; except that such term shall not include the university of Colorado.
Source: L. 92: Entire article added, p. 572, � 2, effective July 1.
24-54.5-103. Authority of governing boards - establishment of optional
retirement plans. Any governing board is authorized to establish one or more optional retirement plans pursuant to the provisions of this article at any state college or university under the jurisdiction of such governing board as an alternative to membership in the association.
Source: L. 92: Entire article added, p. 572, � 2, effective July 1.
24-54.5-104. Requirements for optional retirement plans - contributions
and purchases of contracts. (1) Each governing board that makes a determination to establish one or more optional retirement plans at a state college or university which is under such governing board's jurisdiction shall set the terms and conditions of such optional retirement plan or plans. Benefits under any such optional retirement plans may be provided through annuity contracts, certificates, a combination of annuity contracts or certificates, or similar instruments or contracts and may be fixed or variable in nature. Any such optional retirement plans may provide retirement and death benefits.
(2) Each governing board that establishes one or more optional retirement
plans at any state college or university shall:
(a) Provide for the administration of such optional retirement plans; and
(b) Designate from time to time the company or companies from which
contracts for such optional retirement plans shall be purchased. In designating such company or companies, the governing boards shall take into consideration:
(I) The nature and extent of the rights and benefits to be provided by such
contracts for the eligible employees electing to participate in such optional retirement plans and for the beneficiaries of such eligible employees;
(II) The relation of such rights and benefits to the amount of contributions to
be made;
(III) The suitability of such rights and benefits to the needs and interests of
eligible employees electing to participate in such optional retirement plans and to the interests of such state college or university in the employment and retention of eligible employees;
(IV) The ability of the designated company or companies to provide the
required rights and benefits under the contract or contracts for such optional retirement plans; and
(V) The efficacy of such contracts in the recruitment and retention of faculty
and administrators at such state college or university.
Source: L. 92: Entire article added, p. 572, � 2, effective July 1.
24-54.5-104.5. Selection of fund sponsors - responsibilities and fiduciary
duties of a governing board. (1) Each governing board that establishes an optional retirement plan pursuant to this article shall establish a formal process for selecting companies to act as fund sponsors from which participants in the plan may select investment alternatives. The selection process shall include the following requirements:
(a) Participants in the plan shall have access to investment alternatives
having a range of risk, benefits, and cost.
(b) The governing body shall have the ability to monitor the fund sponsor's
performance of obligations under any contract related to the plan, including but not limited to the returns earned on each investment alternative or pool and the total fees and expenses charged.
(c) The governing board shall conduct a periodic review of the financial
viability and attractiveness of combining any optional retirement plan established by the governing board with the plans of other governing boards established pursuant to this article.
(d) The governing board shall periodically review each fund sponsor from
which participants may select investment alternatives and compare the sponsor's performance to other sponsors of optional retirement plans available to public employees in the state. Periodic reviews of a fund sponsor may be conducted by a standing committee of a governing board, institutional committee or personnel, or external auditors or benefits consultants as determined by each governing board. A full report by any such committee shall be provided to each member of the governing board. Nothing in this subsection (1) shall prohibit a periodic review from being conducted independently or in cooperation with others.
(2) As long as a governing board complies with the requirements set forth in
subsection (1) of this section, it shall be deemed to have met its responsibilities and fiduciary duties with respect to any optional retirement plan it has established, and the governing board, its members, agents, employees, and plan administrators shall have no liability whatsoever to participants in the plan.
(3) The requirements set forth in this section shall constitute the appropriate
standard for each governing board that establishes an optional retirement plan for purposes of section 15-1.1-115, C.R.S., and shall supersede the provisions of article 1.1 of title 15, C.R.S.
Source: L. 2004: Entire section added, p. 3, � 1, effective August 4.
24-54.5-105. Participation. (1) Only eligible employees of a state college or
university for which an optional retirement plan is offered may elect to participate in an optional retirement plan.
(2) (a) Any eligible employee who is not a member, inactive member, or
retiree of the association and who is initially appointed to an eligible position on or after the effective date of the establishment of one or more optional retirement plans at such eligible employee's employing institution shall participate in an optional retirement plan established by the eligible employee's employing institution pursuant to the provisions of this article.
(b) Any eligible employee who is a member or inactive member of the
association with at least one year of service credit or who is a retiree of the association, and is initially appointed to an eligible position on or after the effective date of the establishment of one or more optional retirement plans at such eligible employee's employing institution shall elect, within thirty days after such appointment, either:
(I) To join the association in accordance with the provisions of the laws
applicable thereto; or
(II) To participate in an optional retirement plan established by the eligible
employee's employing institution pursuant to the provisions of this article.
(b.5) Repealed.
(c) Any eligible employee who elects to participate in an optional retirement
plan established by such eligible employee's employing institution pursuant to the provisions of paragraph (b) of this subsection (2) shall specify one of the following options:
(I) To terminate future association contributions beginning on the date of
election while maintaining rights as provided by the laws applicable to the association relative to any contributions or benefits accrued prior to such election;
(II) To terminate membership in the association and to require payment by
the association of all employee contributions and any accrued interest on such contributions. Such election shall constitute a waiver of all rights and benefits provided by the association except as otherwise provided by the provisions of this article. Within ninety days after receipt of notice of an election to terminate membership pursuant to the provisions of this subparagraph (II), the association shall pay to the employing institution's retirement plan on behalf of the eligible employee an amount equal to the employee's member contributions plus accrued interest on such contributions at the rate specified in section 24-51-101 (28)(a) through June 30, 1991, and at the rate specified in section 24-51-101 (28)(c) after June 30, 1991. This subparagraph (II) is not applicable to retirees of the association.
(d) Any eligible employee who is a member or inactive member of the
association with less than one year of service credit and who is initially appointed to an eligible position on or after the effective date of the establishment of one or more optional retirement plans at such eligible employee's employing institution shall participate in an optional retirement plan established by the eligible employee's employing institution pursuant to the provisions of this article. Within ninety days after such appointment, the association shall pay to the employing institution's retirement plan on behalf of such eligible employee an amount equal to such eligible employee's member contributions, if any, plus interest on such contributions from the date of contribution to the date of payment at the rate specified for members in section 24-51-101 (28)(a) through June 30, 1991, and at the rate specified in section 24-51-101 (28)(c) after June 30, 1991.
(3) (a) Any eligible employee who was initially appointed to an eligible
position prior to the effective date of an optional retirement plan at such eligible employee's employing institution shall elect, within sixty days after such effective date, either:
(I) To join the association in accordance with the provisions of the laws
applicable thereto; or
(II) To participate in an optional retirement plan established by the eligible
employee's employing institution pursuant to the provisions of this article.
(b) Any eligible employee who elects to participate in an optional retirement
plan established by such eligible employee's employing institution pursuant to the provisions of paragraph (a) of this subsection (3) shall specify one of the following options:
(I) To terminate future association contributions beginning on the date of
election, but maintaining rights as provided by the laws applicable to the association relative to any contributions or benefits accrued prior to such election;
(II) To terminate membership in the association and to require payment by
the association of all employee contributions and any accrued interest on such contributions. Such election shall constitute a waiver of all rights and benefits provided by the association except as otherwise provided by the provisions of this article. Within ninety days after receipt of notice of an election to terminate membership pursuant to the provisions of this subparagraph (II), the association shall pay to the employing institution's retirement plan on behalf of the eligible employee an amount equal to the employee's retirement contributions plus accrued interest on such contributions at the rate specified in section 24-51-101 (28)(a) through June 30, 1991, and at the rate specified in section 24-51-101 (28)(c) after June 30, 1991. This subparagraph (II) is not applicable to retirees of the association.
(4) An election to participate in an optional retirement plan pursuant to the
provisions of this section shall be in writing and shall be filed with the association and with such eligible employee's employing institution in the manner in which such employing institution prescribes.
(5) An election by an eligible employee to participate in an optional
retirement plan of the employing institution shall be irrevocable and shall be accompanied by an appropriate application, where required, for the issuance of a contract or contracts under such optional retirement plan. Notwithstanding the provisions of this subsection (5), a retiree will have the choice pursuant to this subsection (5) each time the retiree is employed by the employing institution.
(6) An election to join the association pursuant to the provisions of
paragraph (b) of subsection (2) or paragraph (a) of subsection (3) of this section shall be in writing in the manner prescribed by the association and shall be filed with the association within thirty days after such election.
Source: L. 92: Entire article added, p. 573, � 2, effective July 1. L. 2006:
(2)(b.5) added, p. 1191, � 30, effective January 1, 2008. L. 2007: (2)(b.5) repealed, p. 2014, � 8, effective January 1, 2008. L. 2010: (2)(a), IP(2)(b), (2)(c)(II), (3)(b)(II), and (5) amended, (SB 10-001), ch. 2, p. 31, � 34, effective January 1, 2011.
24-54.5-106. Public employees' retirement association - ineligibility. (1)
Eligible employees of state colleges and universities for which no optional retirement plan has been established and eligible employees who do not participate in their employing institution's optional retirement plans shall participate in the association.
(2) Any eligible employee who participates in an optional retirement plan
established for such eligible employee's employing institution shall be ineligible for membership in the association so long as such eligible employee is employed in any eligible position by a state college or university. In the event an optional retirement plan participant accepts a government position for which an optional retirement plan is not available, such participant shall cease participation in the optional retirement plan at the time of termination of employment in an eligible position and shall begin participation in the association to the extent that participation in the association is otherwise required by law.
(3) (Deleted by amendment, L. 2007, p. 2014, � 9, effective January 1, 2008.)
Source: L. 92: Entire article added, p. 576, � 2, effective July 1. L. 2006: (2)
amended and (3) added, p. 1192, � 31, effective January 1, 2008. L. 2007: (2) and (3) amended, p. 2014, � 9, effective January 1, 2008.
24-54.5-107. Moneys not subject to legal process. Except for assignments
for child support purposes as provided for in sections 14-10-118 (1) and 14-14-107, C.R.S., as they existed prior to July 1, 1996, for income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., for writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt, for payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to section 14-10-113 (6), C.R.S., and for restitution that is required to be paid for the theft, embezzlement, misappropriation, or wrongful conversion of public property or in the event of a judgment for a willful and intentional violation of fiduciary duties pursuant to this article where the offender or a related party received direct financial gain, no annuity contract or certificate purchased under an optional retirement plan established pursuant to the provisions of this article shall be assignable either in law or in equity or be subject to execution, levy, attachment, garnishment, or other legal process.
Source: L. 92: Entire article added, p. 576, � 2, effective July 1. L. 96: Entire
section amended, p. 623, � 36, effective July 1; entire section amended, p. 1461, � 5, effective January 1, 1997. L. 2005: Entire section amended, p. 75, � 10, effective August 8.
Editor's note: Amendments to this section by Senate Bill 96-002 and Senate
Bill 96-204 were harmonized.
ARTICLE 54.6
Student Employees' Retirement Plan
24-54.6-101. Legislative declaration. The general assembly hereby finds
and declares that it is essential for the governing boards of the state colleges and universities and the affiliated agencies thereof, the Auraria higher education center, and the local district colleges to comply with federal legislation regarding retirement plan coverage of student employees in the most cost efficient manner. The general assembly therefore declares that it is imperative that the department of higher education have the maximum flexibility to provide retirement plans for student employees.
Source: L. 93: Entire article added, p. 1869, � 2, effective June 6.
24-54.6-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) Association means the public employees' retirement association
established pursuant to section 24-51-201.
(2) Department means the department of higher education.
(3) Eligible student employee means:
(a) Any student employee of a governing board, state college or university,
or affiliated agency of a state college or university, or the Auraria higher education center who is exempt from the state personnel system under section 13 (2) of article XII of the Colorado constitution as a student and who is required by federal law to be covered by a retirement plan; and
(b) Any student employee of a local district college who is required by
federal law to be covered by a retirement plan.
(4) Governing board means any governing board of a state college or
university.
(5) State college or university means any postsecondary educational
institution, including local district colleges, established and existing pursuant to title 23, C.R.S., as an agency of the state of Colorado and supported wholly or in part by tax revenues and includes the Auraria higher education center. For purposes of this subsection (5), local district college shall include Aims community college, Colorado mountain college, northeastern junior college, and Colorado Northwestern community college.
(6) Student employee retirement plan or plan means any benefit plan
established pursuant to the provisions of this article for the benefit of eligible student employees.
Source: L. 93: Entire article added, p. 1869, � 2, effective June 6.
24-54.6-103. Authority of department and governing boards -
establishment of student employee retirement plan. The department or any governing board is authorized to establish a student employee retirement plan pursuant to the provisions of this article.
Source: L. 93: Entire article added, p. 1870, � 2, effective June 6.
24-54.6-104. Requirements for student employee retirement plan -
contributions and purchase of contracts. (1) The department or any governing board shall, upon making a determination to establish a student employee retirement plan at a state college or university, set the terms and conditions of such plan.
(2) Upon establishing a student employee retirement plan, the department or
any governing board shall:
(a) Provide for the administration of such plan; and
(b) Designate from time to time the organization or organizations from which
contracts for such student employee retirement plan shall be purchased. In designating such an organization or organizations, the department or governing board shall take into consideration:
(I) The nature and extent of the rights and benefits to be provided by such
contracts for eligible student employees participating in such plan and for the beneficiaries of such eligible student employees;
(II) The relation of such rights and benefits to the amount of contributions to
be made;
(III) The suitability of such rights and benefits to the needs and interests of
eligible student employees participating in such plan and to the interests of the department or such state college or university; and
(IV) The ability of the designated organization or organizations to provide the
required rights and benefits under the contract or contracts for such student employee retirement plan.
Source: L. 93: Entire article added, p. 1870, � 2, effective June 6.
24-54.6-105. Participation. All eligible student employees of a state college
or university for which a student employee retirement plan is offered shall participate in such plan.
Source: L. 93: Entire article added, p. 1870, � 2, effective June 6.
24-54.6-106. Moneys not subject to legal process. Except for assignments
for child support as provided for in sections 14-10-118 (1) and 14-14-107, C.R.S., as they existed prior to July 1, 1996, for income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., for writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt, for payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to section 14-10-113 (6), C.R.S., and for restitution that is required to be paid for the theft, embezzlement, misappropriation, or wrongful conversion of public property or in the event of a judgment for a willful and intentional violation of fiduciary duties pursuant to this article where the offender or a related party received direct financial gain, no annuity contract or certificate purchased under a student employee retirement plan established pursuant to the provisions of this article shall be assignable either in law or in equity or be subject to execution, levy, attachment, garnishment, or other legal process.
Source: L. 93: Entire article added, p. 1871, � 2, effective June 6. L. 96: Entire
section amended, p. 623, � 37, effective July 1; entire section amended, p. 1461, � 6, effective January 1, 1997. L. 2005: Entire section amended, p. 75, � 11, effective August 8.
Editor's note: Amendments to this section by Senate Bill 96-002 and Senate
Bill 96-204 were harmonized.
ARTICLE 54.7
Public Officials' and Employees'
Defined Contribution Plans
24-54.7-101 to 24-54.7-108. (Repealed)
Source: L. 2002: Entire article repealed, p. 1090, � 6, effective July 1.
Editor's note: This article was added in 1998. For amendments to this article
prior to its repeal in 2002, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
ARTICLE 54.8
Divestment by Public Pension Plans
Cross references: For the legislative declaration in HB 07-1184, see section 1
of chapter 149, Session Laws of Colorado 2007.
PART 1
SUDAN DIVESTMENT BY PUBLIC PENSION PLANS
24-54.8-101 to 24-54.8-111. (Repealed)
Editor's note: (1) This article 54.8 was added in 2007. For amendments to
this article prior to its repeal in 2020, consult the 2019 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 24-54.8-106 (1
C.R.S. § 24-60-1301
24-60-1301. Execution of compact. The governor is hereby authorized to enter into a compact on behalf of this state with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
Article I.
Purposes.
The purposes of this compact are to:
1. Facilitate proper determination of State and local tax liability of multistate
taxpayers, including the equitable apportionment of tax bases and settlement of apportionment disputes.
2. Promote uniformity or compatibility in significant components of tax
systems.
3. Facilitate taxpayer convenience and compliance in the filing of tax returns
and in other phases of tax administration.
4. Avoid duplicative taxation.
Article II.
Definitions.
As used in this compact:
1. State means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any Territory or Possession of the United States.
2. Subdivision means any governmental unit or special district of a State.
3. Taxpayer means any corporation, partnership, firm, association,
governmental unit or agency or person acting as a business entity in more than one State.
4. Income tax means a tax imposed on or measured by net income
including any tax imposed on or measured by an amount arrived at by deducting expenses from gross income, one or more forms of which expenses are not specifically and directly related to particular transactions.
5. Capital stock tax means a tax measured in any way by the capital of a
corporation considered in its entirety.
6. Gross receipts tax means a tax, other than a sales tax, which is imposed
on or measured by the gross volume of business, in terms of gross receipts or in other terms, and in the determination of which no deduction is allowed which would constitute the tax an income tax.
7. Sales tax means a tax imposed with respect to the transfer for a
consideration of ownership, possession or custody of tangible personal property or the rendering of services measured by the price of the tangible personal property transferred or services rendered and which is required by State or local law to be separately stated from the sales price by the seller, or which is customarily separately stated from the sales price, but does not include a tax imposed exclusively on the sale of a specifically identified commodity or article or class of commodities or articles.
8. Use tax means a nonrecurring tax, other than a sales tax, which (a) is
imposed on or with respect to the exercise or enjoyment of any right or power over tangible personal property incident to the ownership, possession or custody of that property or the leasing of that property from another including any consumption, keeping, retention, or other use of tangible personal property and (b) is complementary to a sales tax.
9. Tax means an income tax, capital stock tax, gross receipts tax, sales tax,
use tax, and any other tax which has a multistate impact, except that the provisions of Articles III, IV and V of this compact shall apply only to the taxes specifically designated therein and the provisions of Article IX of this compact shall apply only in respect to determinations pursuant to Article IV.
Article III.
Elements of Income Tax Laws.
Taxpayer Option, State and Local Taxes.
1. Repealed.
Taxpayer Option, Short Form.
2. Each party State or any subdivision thereof which imposes an income tax
shall provide by law that any taxpayer required to file a return, whose only activities within the taxing jurisdiction consist of sales and do not include owning or renting real estate or tangible personal property, and whose dollar volume of gross sales made during the tax year within the State or subdivision, as the case may be, is not in excess of $100,000 may elect to report and pay any tax due on the basis of a percentage of such volume, and shall adopt rates which shall produce a tax which reasonably approximates the tax otherwise due. The Multistate Tax Commission, not more than once in five years, may adjust the $100,000 figure in order to reflect such changes as may occur in the real value of the dollar, and such adjusted figure, upon adoption by the Commission, shall replace the $100,000 figure specifically provided herein. Each party State and subdivision thereof may make the same election available to taxpayers additional to those specified in this paragraph.
Coverage.
3. Nothing in this Article relates to the reporting or payment of any tax other
than an income tax.
Article IV.
Division of Income.
1. As used in this Article, unless the context otherwise requires:
(a) Business income means income arising from transactions and activity in
the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations.
(b) Commercial domicile means the principal place from which the trade or
business of the taxpayer is directed or managed.
(c) Compensation means wages, salaries, commissions and any other form
of remuneration paid to employees for personal services.
(d) Financial organization means any bank, trust company, savings bank,
industrial bank, land bank, safe deposit company, private banker, savings and loan association, credit union, cooperative bank, small loan company, sales finance company, investment company, or any type of insurance company.
(e) Nonbusiness income means all income other than business income.
(f) Public utility means any business entity (1) which owns or operates any
plant, equipment, property, franchise, or license for the transmission of communications, transportation of goods or persons, except by pipe line, or the production, transmission, sale, delivery, or furnishing of electricity, water or steam; and (2) whose rates of charges for goods or services have been established or approved by a Federal, State or local government or governmental agency.
(g) Sales means all gross receipts of the taxpayer not allocated under
paragraphs of this Article.
(h) State means any State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, any Territory or Possession of the United States, and any foreign country or political subdivision thereof.
(i) This State means the State in which the relevant tax return is filed or, in
the case of application of this Article to the apportionment and allocation of income for local tax purposes, the subdivision or local taxing district in which the relevant tax return is filed.
2. Any taxpayer having income from business activity which is taxable both
within and without this State, other than activity as a financial organization or public utility or the rendering of purely personal services by an individual, shall allocate and apportion his net income as provided in this Article. If a taxpayer has income from business activity as a public utility but derives the greater percentage of his income from activities subject to this Article, the taxpayer may elect to allocate and apportion his entire net income as provided in this Article.
3. For purposes of allocation and apportionment of income under this Article,
a taxpayer is taxable in another State if (1) in that State he is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax, or (2) that State has jurisdiction to subject the taxpayer to a net income tax regardless of whether, in fact, the State does or does not.
4. Rents and royalties from real or tangible personal property, capital gains,
interest, dividends or patent or copyright royalties, to the extent that they constitute nonbusiness income, shall be allocated as provided in paragraphs 5 through 8 of this Article.
5. (a) Net rents and royalties from real property located in this State are
allocable to this State.
(b) Net rents and royalties from tangible personal property are allocable to
this State: (1) if and to the extent that the property is utilized in this State, or (2) in their entirety if the taxpayer's commercial domicile is in this State and the taxpayer is not organized under the laws of or taxable in the State in which the property is utilized.
(c) The extent of utilization of tangible personal property in a State is
determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in the State during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the State in which the property was located at the time the rental or royalty payer obtained possession.
6. (a) Capital gains and losses from sales of real property located in this
State are allocable to this State.
(b) Capital gains and losses from sales of tangible personal property are
allocable to this State if (1) the property had a situs in this State at the time of the sale, or (2) the taxpayer's commercial domicile is in this State and the taxpayer is not taxable in the State in which the property had a situs.
(c) Capital gains and losses from sales of intangible personal property are
allocable to this State if the taxpayer's commercial domicile is in this State.
7. Interest and dividends are allocable to this State if the taxpayer's
commercial domicile is in this State.
8. (a) Patent and copyright royalties are allocable to this State: (1) if and to
the extent that the patent or copyright is utilized by the payer in this State, or (2) if and to the extent that the patent copyright is utilized by the payer in a State in which the taxpayer is not taxable and the taxpayer's commercial domicile is in this State.
(b) A patent is utilized in a State to the extent that it is employed in
production, fabrication, manufacturing, or other processing in the State or to the extent that a patented product is produced in the State. If the basis of receipts from patent royalties does not permit allocation to States or if the accounting procedures do not reflect States of utilization, the patent is utilized in the State in which the taxpayer's commercial domicile is located.
(c) A copyright is utilized in a State to the extent that printing or other
publication originates in the State. If the basis of receipts from copyright royalties does not permit allocation to States or if the accounting procedures do not reflect States of utilization, the copyright is utilized in the State in which the taxpayer's commercial domicile is located.
9. All business income shall be apportioned to this State by multiplying the
income by a fraction, the numerator of which is the property factor plus the payroll factor plus the sales factor, and the denominator of which is three.
10. The property factor is a fraction, the numerator of which is the average
value of the taxpayer's real and tangible personal property owned or rented and used in this State during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period.
11. Property owned by the taxpayer is valued at its original cost. Property
rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals.
12. The average value of property shall be determined by averaging the
values at the beginning and ending of the tax period but the tax administrator may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the taxpayer's property.
13. The payroll factor is a fraction, the numerator of which is the total
amount paid in this State during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period.
14. Compensation is paid in this State if:
(a) the individual's service is performed entirely within the State;
(b) the individual's service is performed both within and without the State,
but the service performed without the State is incidental to the individual's service within the State; or
(c) some of the service is performed in the State and (1) the base of
operations or, if there is no base of operations, the place from which the service is directed or controlled is in the State, or (2) the base of operations or the place from which the service is directed or controlled is not in any State in which some part of the service is performed, but the individual's residence is in this State.
15. The sales factor is a fraction, the numerator of which is the total sales of
the taxpayer in this State during the tax period, and the denominator of which is the total sales of the taxpayer everywhere during the tax period.
16. Sales of tangible personal property are in this State if:
(a) the property is delivered or shipped to a purchaser, other than the United
States Government, within this State regardless of the f.o.b. point or other conditions of the sale; or
(b) the property is shipped from an office, store, warehouse, factory, or other
place of storage in this State and (1) the purchaser is the United States Government or (2) the taxpayer is not taxable in the State of the purchaser.
17. Sales, other than sales of tangible personal property, are in this State if:
(a) the income-producing activity is performed in this State; or
(b) the income-producing activity is performed both in and outside this State
and a greater proportion of the income-producing activity is performed in this State than in any other State, based on costs of performance.
18. If the allocation and apportionment provisions of this Article do not fairly
represent the extent of the taxpayer's business activity in this State, the taxpayer may petition for or the tax administrator may require, in respect to all or any part of the taxpayer's business activity, if reasonable:
(a) separate accounting;
(b) the exclusion of any one or more of the factors;
(c) the inclusion of one or more additional factors which will fairly represent
the taxpayer's business activity in this State; or
(d) the employment of any other method to effectuate an equitable
allocation and apportionment of the taxpayer's income.
Article V.
Elements of Sales and Use Tax Laws.
Tax Credit.
1. Each purchaser liable for a use tax on tangible personal property shall be
entitled to full credit for the combined amount or amounts of legally imposed sales or use taxes paid by him with respect to the same property to another State and any subdivision thereof. The credit shall be applied first against the amount of any use tax due the State, and any unused portion of the credit shall then be applied against the amount of any use tax due a subdivision.
Exemption Certificates, Vendors May Rely.
2. Whenever a vendor receives and accepts in good faith from a purchaser a
resale or other exemption certificate or other written evidence of exemption authorized by the appropriate State or subdivision taxing authority, the vendor shall be relieved of liability for a sales or use tax with respect to the transaction.
Article VI.
The Commission.
Organization and Management.
1. (a) The Multistate Tax Commission is hereby established. It shall be
composed of one member from each party State who shall be the head of the State agency charged with the administration of the types of taxes to which this compact applies. If there is more than one such agency the State shall provide by law for the selection of the Commission member from the heads of the relevant agencies. State law may provide that a member of the Commission be represented by an alternate but only if there is on file with the Commission written notification of the designation and identity of the alternate. The Attorney General of each party State or his designee, or other counsel if the laws of the party State specifically provide, shall be entitled to attend the meetings of the Commission, but shall not vote. Such Attorneys General, designees, or other counsel shall receive all notices of meetings required under paragraph 1 (e) of this Article.
(b) Each party State shall provide by law for the selection of representatives
from its subdivisions affected by this compact to consult with the Commission member from that State.
(c) Each member shall be entitled to one vote. The Commission shall not act
unless a majority of the members are present, and no action shall be binding unless approved by a majority of the total number of members.
(d) The Commission shall adopt an official seal to be used as it may provide.
(e) The Commission shall hold an annual meeting and such other regular
meetings as its bylaws may provide and such special meetings as its Executive Committee may determine. The Commission bylaws shall specify the dates of the annual and any other regular meetings, and shall provide for the giving of notice of annual, regular and special meetings. Notices of special meetings shall include the reasons therefor and an agenda of the items to be considered.
(f) The Commission shall elect annually, from among its members, a
Chairman, a Vice Chairman and a Treasurer. The Commission shall appoint an Executive Director who shall serve at its pleasure, and it shall fix his duties and compensation. The Executive Director shall be Secretary of the Commission. The Commission shall make provision for the bonding of such of its officers and employees as it may deem appropriate.
(g) Irrespective of the civil service, personnel or other merit system laws of
any party State, the Executive Director shall appoint or discharge such personnel as may be necessary for the performance of the functions of the Commission and shall fix their duties and compensation. The Commission bylaws shall provide for personnel policies and programs.
(h) The Commission may borrow, accept or contract for the services of
personnel from any State, the United States, or any other governmental entity.
(i) The Commission may accept for any of its purposes and functions any and
all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any governmental entity, and may utilize and dispose of the same.
(j) The Commission may establish one or more offices for the transacting of
its business.
(k) The Commission shall adopt bylaws for the conduct of its business. The
Commission shall publish its bylaws in convenient form, and shall file a copy of the bylaws and any amendments thereto with the appropriate agency or officer in each of the party States.
(l) The Commission annually shall make to the Governor and legislature of
each party State a report covering its activities for the preceding year. Any donation or grant accepted by the Commission or services borrowed shall be reported in the annual report of the Commission, and shall include the nature, amount and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender. The Commission may make additional reports as it may deem desirable.
Committees.
2. (a) To assist in the conduct of its business when the full Commission is not
meeting, the Commission shall have an Executive Committee of seven members, including the Chairman, Vice Chairman, Treasurer and four other members elected annually by the Commission. The Executive Committee, subject to the provisions of this compact and consistent with the policies of the Commission, shall function as provided in the bylaws of the Commission.
(b) The Commission may establish advisory and technical committees,
membership on which may include private persons and public officials, in furthering any of its activities. Such committees may consider any matter of concern to the Commission, including problems of special interest to any party State and problems dealing with particular types of taxes.
(c) The Commission may establish such additional committees as its bylaws
may provide.
Powers.
3. In addition to powers conferred elsewhere in this compact, the
Commission shall have power to:
(a) Study State and local tax systems and particular types of State and local
taxes.
(b) Develop and recommend proposals for an increase in uniformity or
compatibility of State and local tax laws with a view toward encouraging the simplification and improvement of State and local tax law and administration.
(c) Compile and publish information as in its judgment would assist the party
States in implementation of the compact and taxpayers in complying with State and local tax laws.
(d) Do all things necessary and incidental to the administration of its
functions pursuant to this compact.
Finance.
4. (a) The Commission shall submit to the Governor or designated officer or
officers of each party State a budget of its estimated expenditures for such period as may be required by the laws of that State for presentation to the legislature thereof.
(b) Each of the Commission's budgets of estimated expenditures shall
contain specific recommendations of the amounts to be appropriated by each of the party States. The total amount of appropriations requested under any such budget shall be apportioned among the party States as follows: one-tenth in equal shares; and the remainder in proportion to the amount of revenue collected by each party State and its subdivisions from income taxes, capital stock taxes, gross receipts taxes, sales and use taxes. In determining such amounts, the Commission shall employ such available public sources of information as, in its judgment, present the most equitable and accurate comparisons among the party States. Each of the Commission's budgets of estimated expenditures and requests for appropriations shall indicate the sources used in obtaining information employed in applying the formula contained in this paragraph.
(c) The Commission shall not pledge the credit of any party State. The
Commission may meet any of its obligations in whole or in part with funds available to it under paragraph 1 (i) of this Article: provided that the Commission takes specific action setting aside such funds prior to incurring any obligation to be met in whole or in part in such manner. Except where the Commission makes use of funds available to it under paragraph 1 (i), the Commission shall not incur any obligation prior to the allotment of funds by the party States adequate to meet the same.
(d) The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.
(e) The accounts of the Commission shall be open at any reasonable time for
inspection by duly constituted officers of the party States and by any persons authorized by the Commission.
(f) Nothing contained in this Article shall be construed to prevent
Commission compliance with laws relating to audit or inspection of accounts by or on behalf of any government contributing to the support of the Commission.
Article VII.
Uniform Regulations and Forms.
1. Whenever any two or more party States, or subdivisions of party States,
have uniform or similar provisions of law relating to an income tax, capital stock tax, gross receipts tax, sales or use tax, the Commission may adopt uniform regulations for any phase of the administration of such law, including assertion of jurisdiction to tax, or prescribing uniform tax forms. The Commission may also act with respect to the provisions of Article IV of this compact.
2. Prior to the adoption of any regulation, the Commission shall:
(a) As provided in its bylaws, hold at least one public hearing on due notice to
all affected party States and subdivisions thereof and to all taxpayers and other persons who have made timely request of the Commission for advance notice of its regulation-making proceedings.
(b) Afford all affected party States and subdivisions and interested persons
an opportunity to submit relevant written data and views, which shall be considered fully by the Commission.
3. The Commission shall submit any regulations adopted by it to the
appropriate officials of all party States and subdivisions to which they might apply. Each such State and subdivision shall consider any such regulation for adoption in accordance with its own laws and procedures.
Article VIII.
Interstate Audits.
1. This Article shall be in force only in those party States that specifically
provide therefor by statute.
2. Any party State or subdivision thereof desiring to make or participate in an
audit of any accounts, books, papers, records or other documents may request the Commission to perform the audit on its behalf. In responding to the request, the Commission shall have access to and may examine, at any reasonable time, such accounts, books, papers, records, and other documents and any relevant property or stock of merchandise. The Commission may enter into agreements with party States or their subdivisions for assistance in performance of the audit. The Commission shall make charges, to be paid by the State or local government or governments for which it performs the service, for any audits performed by it in order to reimburse itself for the actual costs incurred in making the audit.
3. The Commission may require the attendance of any person within the
State where it is conducting an audit or part thereof at a time and place fixed by it within such State for the purpose of giving testimony with respect to any account, book, paper, document, other record, property or stock of merchandise being examined in connection with the audit. If the person is not within the jurisdiction, he may be required to attend for such purpose at any time and place fixed by the Commission within the State of which he is a resident: provided that such State has adopted this Article.
4. The Commission may apply to any court having power to issue compulsory
process for orders in aid of its powers and responsibilities pursuant to this Article and any and all such courts shall have jurisdiction to issue such orders. Failure of any person to obey any such order shall be punishable as contempt of the issuing court. If the party or subject matter on account of which the Commission seeks an order is within the jurisdiction of the court to which application is made, such application may be to a court in the State or subdivision on behalf of which the audit is being made or a court in the State in which the object of the order being sought is situated. The provisions of this paragraph apply only to courts in a State that has adopted this Article.
5. The Commission may decline to perform any audit requested if it finds
that its available personnel or other resources are insufficient for the purpose or that, in the terms requested, the audit is impracticable of satisfactory performance. If the Commission, on the basis of its experience, has reason to believe that an audit of a particular taxpayer, either at a particular time or on a particular schedule, would be of interest to a number of party States or their subdivisions, it may offer to make the audit or audits, the offer to be contingent on sufficient participation therein as determined by the Commission.
6. Information obtained by any audit pursuant to this Article shall be
confidential and available only for tax purposes to party States, their subdivisions or the United States. Availability of information shall be in accordance with the laws of the States or subdivisions on whose account the Commission performs the audit, and only through the appropriate agencies or officers of such States or subdivisions. Nothing in this Article shall be construed to require any taxpayer to keep records for any period not otherwise required by law.
7. Other arrangements made or authorized pursuant to law for cooperative
audit by or on behalf of the party States or any of their subdivisions are not superseded or invalidated by this Article.
8. In no event shall the Commission make any charge against a taxpayer for
an audit.
9. As used in this Article, tax, in addition to the meaning ascribed to it in
Article II, means any tax or license fee imposed in whole or in part for revenue purposes.
Article IX.
Arbitration.
1. Whenever the Commission finds a need for settling disputes concerning
apportionments and allocations by arbitration, it may adopt a regulation placing this Article in effect, notwithstanding the provisions of Article VII.
2. The Commission shall select and maintain an Arbitration Panel composed
of officers and employees of State and local governments and private persons who shall be knowledgeable and experienced in matters of tax law and administration.
3. Whenever a taxpayer who has elected to employ Article IV, or whenever
the laws of the party State or subdivision thereof are substantially identical with the relevant provisions of Article IV, the taxpayer, by written notice to the Commission and to each party State or subdivision thereof that would be affected, may secure arbitration of an apportionment or allocation, if he is dissatisfied with the final administrative determination of the tax agency of the State or subdivision with respect thereto on the ground that it would subject him to double or multiple taxation by two or more party States or subdivisions thereof. Each party State and subdivision thereof hereby consents to the arbitration as provided herein, and agrees to be bound thereby.
4. The Arbitration Board shall be composed of one person selected by the
taxpayer, one by the agency or agencies involved, and one member of the Commission's Arbitration Panel. If the agencies involved are unable to agree on the person to be selected by them, such person shall be selected by lot from the total membership of the Arbitration Panel. The two persons selected for the Board in the manner provided by the foregoing provisions of this paragraph shall jointly select the third member of the Board. If they are unable to agree on the selection, the third member shall be selected by lot from among the total membership of the Arbitration Panel. No member of a Board selected by lot shall be qualified to serve if he is an officer or employee or is otherwise affiliated with any party to the arbitration proceeding. Residence within the jurisdiction of a party to the arbitration proceeding shall not constitute affiliation within the meaning of this paragraph.
5. The Board may sit in any State or subdivision party to the proceeding, in
the State of the taxpayer's incorporation, residence or domicile, in any State where the taxpayer does business, or in any place that it finds most appropriate for gaining access to evidence relevant to the matter before it.
6. The Board shall give due notice of the times and places of its hearings.
The parties shall be entitled to be heard, to present evidence, and to examine and cross-examine witnesses. The Board shall act by majority vote.
7. The Board shall have power to administer oaths, take testimony, subpoena
and require the attendance of witnesses and the production of accounts, books, papers, records, and other documents, and issue commissions to take testimony. Subpoenas may be signed by any member of the Board. In case of failure to obey a subpoena, and upon application by the Board, any judge of a court of competent jurisdiction of the State in which the Board is sitting or in which the person to whom the subpoena is directed may be found may make an order requiring compliance with the subpoena, and the court may punish failure to obey the order as a contempt. The provisions of this paragraph apply only in States that have adopted this Article.
8. Unless the parties otherwise agree the expenses and other costs of the
arbitration shall be assessed and allocated among the parties by the Board in such manner as it may determine. The Commission shall fix a schedule of compensation for members of Arbitration Boards and of other allowable expenses and costs. No officer or employee of a State or local government who serves as a member of a Board shall be entitled to compensation therefor unless he is required on account of his service to forego the regular compensation attaching to his public employment, but any such Board member shall be entitled to expenses.
9. The Board shall determine the disputed apportionment or allocation and
any matters necessary thereto. The determinations of the Board shall be final for purposes of making the apportionment or allocation, but for no other purpose.
10. The Board shall file with the Commission and with each tax agency
represented in the proceeding: the determination of the Board; the Board's written statement of its reasons therefor; the record of the Board's proceedings; and any other documents required by the arbitration rules of the Commission to be filed.
11. The Commission shall publish the determinations of Boards together with
the statements of the reasons therefor.
12. The Commission shall adopt and publish rules of procedure and practice
and shall file a copy of such rules and of any amendment thereto with the appropriate agency or officer in each of the party States.
13. Nothing contained herein shall prevent at any time a written compromise
of any matter or matters in dispute, if otherwise lawful, by the parties to the arbitration proceeding.
Article X.
Entry Into Force and Withdrawal.
1. This compact shall enter into force when enacted into law by any seven
States. Thereafter, this compact shall become effective as to any other State upon its enactment thereof. The Commission shall arrange for notification of all party States whenever there is a new enactment of the compact.
2. Any party State may withdraw from this compact by enacting a statute
repealing the same. No withdrawal shall affect any liability already incurred by or chargeable to a party State prior to the time of such withdrawal.
3. No proceeding commenced before an Arbitration Board prior to the
withdrawal of a State and to which the withdrawing State or any subdivision thereof is a party shall be discontinued or terminated by the withdrawal, nor shall the Board thereby lose jurisdiction over any of the parties to the proceeding necessary to make a binding determination therein.
Article XI.
Effect on Other Laws and Jurisdiction.
Nothing in this compact shall be construed to:
(a) Affect the power of any State or subdivision thereof to fix rates of
taxation, except that a party State shall be obligated to implement Article III 2 of this compact.
(b) Apply to any tax or fixed fee imposed for the registration of a motor
vehicle or any tax on motor fuel, other than a sales tax: provided that the definition of tax in Article VIII 9 may apply for the purposes of that Article and the Commission's powers of study and recommendation pursuant to Article VI 3 may apply.
(c) Withdraw or limit the jurisdiction of any State or local court or
administrative officer or body with respect to any person, corporation or other entity or subject matter, except to the extent that such jurisdiction is expressly conferred by or pursuant to this compact upon another agency or body.
(d) Supersede or limit the jurisdiction of any court of the United States.
Article XII.
Construction and Severability.
This compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any State participating therein, the compact shall remain in full force and effect as to the remaining party States and in full force and effect as to the State affected as to all severable matters.
Source: L. 68: p. 175, � 1. C.R.S. 1963: � 74-14-1. L. 2008: Art. III, par. 1
repealed, p. 953, � 2, effective January 1, 2009.
C.R.S. § 24-60-3502
24-60-3502. Compact approved and ratified. The general assembly hereby approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
RECOGNITION OF EMERGENCY MEDICAL SERVICES
PERSONNEL LICENSURE INTERSTATE COMPACT
SECTION 1
PURPOSE
The purpose of this compact is to protect the public through verification of
competency and ensure accountability for patient care-related activities of all states' licensed emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs, and paramedics. This compact is intended to facilitate the day-to-day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This compact is designed to achieve the following purposes and objectives:
1. Increase public access to EMS personnel;
2. Enhance the states' ability to protect the public's health and safety,
especially patient safety;
3. Encourage the cooperation of member states in the areas of EMS
personnel licensure and regulation;
4. Support licensing of military members who are separating from an active
duty tour and the spouses of military members;
5. Facilitate the exchange of information between member states regarding
EMS personnel licensure, adverse action, and significant investigatory information;
6. Promote compliance with the laws governing EMS personnel practice in
each member state; and
7. Invest all member states with the authority to hold EMS personnel
accountable through the mutual recognition of member state licenses.
SECTION 2
DEFINITIONS
As used in this compact:
A. Advanced emergency medical technician or AEMT means an individual
licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.
B. Adverse action means any administrative, civil, equitable, or criminal
action permitted by a state's laws that may be imposed against licensed EMS personnel by a state EMS authority or state court, including actions against an individual's license such as revocation, suspension, probation, consent agreement, monitoring, or other limitation or encumbrance on the individual's practice; letters of reprimand or admonition; fines; criminal convictions; and state court judgments enforcing adverse actions by the state EMS authority.
C. Alternative program means a voluntary, nondisciplinary substance
abuse recovery program approved by a state EMS authority.
D. Certification means the successful verification of entry-level cognitive
and psychomotor competency using a reliable, validated, and legally defensible examination.
E. Commission means the national administrative body of which all states
that have enacted the compact are members.
F. Emergency medical technician or EMT means an individual licensed
with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.
G. Home state means a member state where an individual is licensed to
practice emergency medical services.
H. License means the authorization by a state for an individual to practice
as an EMT, AEMT, or paramedic or at a level between EMT and paramedic. In Colorado, this is accomplished through certification or licensure of an emergency medical services provider pursuant to section 25-3.5-203 (1)(b).
I. Medical director means a physician licensed in a member state who is
accountable for the care delivered by EMS personnel.
J. Member state means a state that has enacted this compact.
K. Privilege to practice means an individual's authority to deliver
emergency medical services in remote states as authorized under this compact.
L. Paramedic means an individual licensed with cognitive knowledge and a
scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.
M. Remote state means a member state in which an individual is not
licensed.
N. Restricted means the outcome of an adverse action that limits a license
or the privilege to practice.
O. Rule means a written statement by the interstate commission
promulgated pursuant to section 12 of this compact that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact; or is an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a member state. Rule includes the amendment, repeal, or suspension of an existing rule.
P. Scope of practice means defined parameters of various duties or
services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, it tends to represent the limits of services an individual may perform.
Q. Significant investigatory information means:
1. Investigative information that a state EMS authority, after a preliminary
inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or
2. Investigative information that indicates that an individual represents an
immediate threat to public health and safety, regardless of whether the individual has been notified and had an opportunity to respond.
R. State means any state, commonwealth, district, or territory of the United
States.
S. State EMS authority means the board, office, or other agency with the
legislative mandate to license EMS personnel.
SECTION 3
HOME STATE LICENSURE
A. Any member state in which an individual holds a current license is deemed
a home state for purposes of this compact.
B. Any member state may require an individual to obtain and retain a license
to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact.
C. A home state's license authorizes an individual to practice in a remote
state under the privilege to practice only if the home state:
1. Currently requires the use of the National Registry of Emergency Medical
Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels;
2. Has a mechanism in place for receiving and investigating complaints
about individuals;
3. Notifies the commission, in compliance with the terms of the compact, of
any adverse action or significant investigatory information regarding an individual, which notification does not waive confidentiality of the investigatory records protected under section 25-3.5-205 (4), C.R.S.;
4. No later than five years after activation of the compact, requires a criminal
background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the federal bureau of investigation, with the exception of federal employees who have suitability determination in accordance with 5 CFR 731.202 (2008), and submits documentation of the requirement as promulgated in the rules of the commission; and
5. Complies with the rules of the commission.
SECTION 4
COMPACT PRIVILEGE TO PRACTICE
A. Member states shall recognize the privilege to practice of an individual
licensed in another member state that is in conformance with section 3 of this compact.
B. To exercise the privilege to practice under the terms and provisions of this
compact, an individual must:
1. Be at least eighteen years of age;
2. Possess a current, unrestricted license in a member state as an EMT,
AEMT, paramedic, or state recognized and licensed level with a scope of practice and authority between EMT and paramedic; and
3. Practice under the supervision of a medical director.
C. An individual providing patient care in a remote state under the privilege
to practice shall function within the scope of practice authorized by the home state unless modified by an appropriate authority in the remote state, as may be defined in the rules of the commission.
D. Except as provided in subsection C of this section 4, an individual
practicing in a remote state is subject to the remote state's authority and laws. A remote state may, in accordance with due process and that state's laws, restrict, suspend, or revoke an individual's privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action, the remote state shall promptly notify the home state and the commission.
E. If an individual's license in any home state is restricted or suspended, the
individual is not eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.
F. If an individual's privilege to practice in any remote state is restricted,
suspended, or revoked, the individual is not eligible to practice in any remote state until the individual's privilege to practice is restored.
SECTION 5
CONDITIONS OF PRACTICE IN A REMOTE STATE
A. An individual may practice in a remote state under a privilege to practice
only in the performance of the individual's EMS duties as assigned by an appropriate authority, as defined in the rules of the commission, and under the following circumstances:
1. The individual originates a patient transport in a home state and transports
the patient to a remote state;
2. The individual originates in the home state and enters a remote state to
pick up a patient and provide care and transport of the patient to the home state;
3. The individual enters a remote state to provide patient care or transport
within that remote state;
4. The individual enters a remote state to pick up a patient and provide care
and transport to a third member state;
5. Other conditions as determined by rules promulgated by the commission.
SECTION 6
RELATIONSHIP TO EMERGENCY
MANAGEMENT ASSISTANCE COMPACT
Upon a member state's governor's declaration of a state of emergency or
disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC apply, and to the extent any terms or provisions of this compact conflict with EMAC, the terms of EMAC prevail with respect to any individual practicing in the remote state in response to the emergency or disaster declaration.
SECTION 7
VETERANS, SERVICE MEMBERS SEPARATING
FROM ACTIVE DUTY MILITARY, AND THEIR SPOUSES
A. Member states shall consider a veteran, active military service member,
member of the National Guard and Reserves separating from an active duty tour, and a spouse of the veteran or member, who holds a current, valid, and unrestricted NREMT certification at or above the level of the state license being sought, as satisfying the minimum training and examination requirements for licensure.
B. Member states shall expedite the processing of a license application
submitted by:
1. A veteran, active military service member, or member of the National
Guard and Reserves who is separating from an active duty tour; and
2. The spouse of a veteran or member described in paragraph 1 of this
subsection B.
C. All individuals functioning with a privilege to practice under this section
remain subject to the adverse actions provisions of section 8 of this compact.
SECTION 8
ADVERSE ACTIONS
A. A home state has exclusive power to impose an adverse action against an
individual's license issued by the home state.
B. If an individual's license in any home state is restricted or suspended, the
individual is not eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.
C. All home state adverse action orders must include a statement that the
individual's compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state's EMS authority.
D. An individual currently subject to an adverse action in the home state
shall not practice in any remote state without prior written authorization from both the home state and remote state's EMS authority.
E. A member state shall report adverse actions and any occurrences that the
individual's compact privileges are restricted, suspended, or revoked to the commission in accordance with the rules of the commission.
F. A remote state may take adverse action on an individual's privilege to
practice within that state.
G. Any member state may take adverse action against an individual's
privilege to practice in that state based on the factual findings of another member state, as long as each state follows its own procedures for imposing an adverse action.
H. A home state's EMS authority shall investigate and take appropriate
action with respect to reported conduct in a remote state as it would if the conduct had occurred within the home state. In these cases, the home state's law controls in determining the appropriate adverse action.
I. Nothing in this compact overrides a member state's decision that
participation in an alternative program may be used in lieu of adverse action and that participation remains confidential if required by the member state's laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from the other member state.
SECTION 9
ADDITIONAL POWERS INVESTED IN A
MEMBER STATE'S EMS AUTHORITY
A. A member state's EMS authority, in addition to any other powers granted
under state law, is authorized under this compact to:
1. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state's EMS authority for the attendance and testimony of witnesses or the production of evidence from another member state are enforceable in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state's EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located; and
2. Issue cease-and-desist orders to restrict, suspend, or revoke an
individual's privilege to practice in the state.
SECTION 10
ESTABLISHMENT OF THE INTERSTATE COMMISSION
FOR EMS PERSONNEL PRACTICE
A. 1. The compact states hereby create and establish a joint public agency
known as the Interstate Commission for EMS Personnel Practice.
2. The commission is a body politic and an instrumentality of the compact
states.
3. Venue is proper, and judicial proceedings by or against the commission
must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
4. Nothing in this compact waives sovereign immunity.
B. Membership, voting, and meetings.
1. Each member state has and is limited to one delegate. The responsible
official of the state EMS authority or his or her designee shall be the delegate to this compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. A vacancy occurring in the commission must be filled in accordance with the laws of the member state in which the vacancy occurs. If more than one board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the governor of the state will determine which entity is responsible for assigning the delegate.
2. Each delegate is entitled to one vote with regard to the promulgation of
rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
3. The commission shall meet at least once during each calendar year.
Additional meetings must be held as set forth in the bylaws.
4. All meetings are open to the public, and public notice of meetings must be
given in the same manner as required under the rulemaking provisions in section 12 of this compact.
5. The commission may convene in a closed, non-public meeting if the
commission must discuss:
a. Non-compliance of a member state with its obligations under the compact;
b. Employment, compensation, discipline, or other personnel matters,
practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase or sale of goods, services, or
real estate;
e. An accusation of a crime against any person or formally censuring any
person;
f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigatory records compiled for law enforcement
purposes;
i. Disclosure of information related to any investigatory reports prepared by
or on behalf of or for use of the commission or other committee charged with investigating or determining compliance issues pursuant to the compact; or
j. Matters specifically exempted from disclosure by federal or member state
statute.
6. If a meeting or portion of a meeting is closed pursuant to this section, the
commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a closed meeting and shall provide a full and accurate summary of actions taken and the reasons for the actions, including a description of the views expressed. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
C. The commission shall, by a majority vote of the delegates, prescribe
bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including:
1. Establishing the fiscal year of the commission;
2. Providing reasonable standards and procedures:
a. For establishment and meetings of other committees; and
b. Governing any general or specific delegation of any authority or function
of the commission;
3. Providing reasonable procedures for calling and conducting meetings of
the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of commission meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commission members vote to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting, revealing the vote of each member with no proxy votes allowed;
4. Establishing the titles, duties, and authority, and reasonable procedures
for the election of the officers of the commission;
5. Providing reasonable standards and procedures for establishing the
personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws exclusively govern the personnel policies and programs of the commission;
6. Promulgating a code of ethics to address permissible and prohibited
activities of commission members and employees; and
7. Providing a mechanism for winding up the operations of the commission
and the equitable disposition of any surplus funds that may exist after the termination of the compact and after the paying or reserving of all of its debts and obligations.
D. The commission shall publish its bylaws and file a copy of its bylaws and
any amendments to the bylaws with the appropriate agency or officer in each of the member states, if any.
E. The commission shall maintain its financial records in accordance with the
bylaws.
F. The commission shall meet and take actions consistent with this compact
and commission bylaws.
G. The commission has the following powers:
1. To promulgate uniform rules to facilitate and coordinate implementation
and administration of this compact. The rules have the force and effect of law and are binding in all member states.
2. To bring and prosecute legal proceedings or actions in the name of the
commission; except that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law is not affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept, or contract for services of personnel, including
employees of a member state;
5. To hire employees, elect or appoint officers, fix compensation, define
duties, grant those individuals appropriate authority to carry out the purposes of the compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
6. To accept any appropriate donations and grants of money, equipment,
supplies, materials, and services and to receive, utilize, and dispose of donations and grants; except that at all times the commission shall strive to avoid any appearance of impropriety or conflict of interest;
7. To lease, purchase, accept appropriate gifts or donations of, or otherwise
to own, hold, improve, or use any real, personal, or mixed property; except that at all times the commission shall strive to avoid any appearance of impropriety;
8. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any real, personal, or mixed property;
9. To establish a budget and make expenditures;
10. To borrow money;
11. To appoint committees, including advisory committees, composed of
members, state regulators, state legislators or their representatives, consumer representatives, and other interested persons as may be designated in this compact and the bylaws;
12. To provide and receive information from, and to cooperate with, law
enforcement agencies;
13. To adopt and use an official seal; and
14. To perform other functions as may be necessary or appropriate to
achieve the purposes of this compact that are consistent with the state regulation of EMS personnel licensure and practice.
H. Financing of the commission.
1. The commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The commission may accept any appropriate revenue sources, donations,
and grants of money, equipment, supplies, materials, and services.
3. The commission may levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.
4. The commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
5. The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the commission's annual report.
I. Qualified immunity, defense, and indemnification.
1. The members, officers, executive director, employees, and representatives
of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities. Nothing in this paragraph 1 protects any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
2. The commission shall defend any member, officer, executive director,
employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, unless the actual or alleged act, error, or omission resulted from that person's intentional or willful or wanton misconduct. Nothing in this paragraph 2 prohibits that person from retaining his or her own counsel.
3. The commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, unless the actual or alleged act, error, or omission resulted from the intentional or willful or wanton misconduct of that person.
SECTION 11
COORDINATED DATABASE
A. The commission shall provide for the development and maintenance of a
coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states.
B. Notwithstanding any other provision of state law to the contrary, a
member state shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules of the commission, including:
1. Identifying information;
2. Licensure data;
3. Significant investigatory information;
4. Adverse actions against an individual's license;
5. An indicator that an individual's privilege to practice is restricted,
suspended, or revoked;
6. Nonconfidential information related to alternative program participation;
7. Any denial of an application for licensure and the reason for the denial;
and
8. Other information that may facilitate the administration of this compact,
as determined by the rules of the commission.
C. The coordinated database administrator shall promptly notify all member
states of any adverse action taken against, or significant investigative information on, any individual in a member state.
D. Member states contributing information to the coordinated database may
designate information that may not be shared with the public without the express permission of the contributing state.
E. Any information submitted to the coordinated database that is
subsequently required to be expunged by the laws of the member state contributing the information must be removed from the coordinated database.
SECTION 12
RULEMAKING
A. The commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this section 12 and the rules adopted under this section 12. Rules and amendments are binding as of the date specified in the rule or amendment.
B. If a majority of the legislatures of the member states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the compact, the rule has no further force and effect in any member state.
C. Rules or amendments to the rules must be adopted at a regular or special
meeting of the commission.
D. Prior to promulgating and adopting a final rule, and at least sixty days in
advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
1. On the commission's website; and
2. On the website of each member state's EMS authority or the publication in
which each state would otherwise publish proposed rules.
E. The notice of proposed rulemaking must include:
1. The proposed time, date, and location of the meeting in which the rule will
be considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the
proposed rule;
3. A request for comments on the proposed rule from any interested person;
and
4. The manner in which interested persons may submit to the commission
notice of intent to attend the public hearing and any written comments.
F. Prior to adopting a proposed rule, the commission shall allow persons to
submit written data, facts, opinions, and arguments, which the commission shall make available to the public.
G. The commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five persons;
2. A governmental subdivision or agency; or
3. An association having at least twenty-five members.
H. 1. If a hearing is held on the proposed rule or amendment, the commission
shall publish the place, time, and date of the scheduled public hearing.
2. All persons wishing to be heard at the hearing shall notify the executive
director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.
3. Hearings must be conducted in a manner providing each person who
wishes to comment a fair and reasonable opportunity to comment orally or in writing.
4. A transcript of the hearing is not required unless a written request for a
transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This paragraph 4 does not preclude the commission from making a transcript or recording of the hearing if it so chooses.
5. Nothing in this section requires a separate hearing on each rule. Rules
may be grouped for the convenience of the commission at hearings required by this section.
I. Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.
J. The commission shall, by majority vote of all members, take final action on
the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
K. If the commission does not receive written notice of intent to attend the
public hearing by interested parties, the commission may proceed with promulgation of the proposed rule without a public hearing.
L. Upon determination that an emergency exists, the commission may
consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, but the usual rulemaking procedures provided in the compact and in this section must be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this subsection L, an emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of commission or member state funds;
3. Meet a deadline for the promulgation of an administrative rule that is
established by federal law or rule; or
4. Protect public health and safety.
M. The commission or an authorized committee of the commission may direct
revisions to a previously adopted rule or amendment for purposes of correcting typographical, format, consistency, or grammatical errors. Public notice of any revisions must be posted on the commission's website. The revision is subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision takes effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
SECTION 13
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight.
1. The executive, legislative, and judicial branches of state government in
each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated under the compact have standing as statutory law.
2. All courts shall take judicial notice of the compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the commission.
3. The commission is entitled to receive service of process in any judicial or
administrative proceeding and has standing to intervene in the proceeding for all purposes. Failure to provide service of process to the commission renders a judgment or order void as to the commission, this compact, or promulgated rules.
B. Default, technical assistance, and termination.
1. If the commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
a. Provide written notice to the defaulting state and other member states of
the nature of the default, the proposed means of curing the default, and any other action to be taken by the commission; and
b. Provide remedial training and specific technical assistance regarding the
default.
2. If a state in default fails to cure the default, the defaulting state may be
terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in the compact may be imposed only after all
other means of securing compliance have been exhausted. The commission shall give notice of intent to suspend or terminate to the governor of the defaulting state, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
4. A state that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The commission shall not bear any costs related to a state that is found to
be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
6. The defaulting state may appeal the action of the commission by
petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The court shall award all costs of the litigation, including reasonable attorney's fees, to the prevailing party.
C. Dispute resolution.
1. Upon request by a member state, the commission shall attempt to resolve
disputes related to the compact that arise among member states and between member and non-member states.
2. The commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
D. Enforcement.
1. The commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this compact.
2. By majority vote, the commission may initiate legal action in the United
States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the court shall award all costs of the litigation, including reasonable attorney's fees, to the prevailing party.
3. The remedies contained in this section are not the exclusive remedies
available to the commission. The commission may pursue any other remedies available under federal or state law.
SECTION 14
DATE OF IMPLEMENTATION OF THE
INTERSTATE COMMISSION FOR EMS PERSONNEL
PRACTICE AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENT
A. The compact takes effect on the date on which the compact statute is
enacted into law in the tenth member state. The provisions that become effective at that time are limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to implement and administer the compact.
B. Any state that joins the compact after the commission's initial adoption of
the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state.
C. 1. Any member state may withdraw from this compact by enacting a
statute repealing the compact statute.
2. A member state's withdrawal does not take effect until six months after
enactment of the repealing statute.
3. Withdrawal does not affect the continuing requirement of the withdrawing
state's EMS authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
D. Nothing contained in this compact invalidates or prevents any EMS
personnel licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.
E. The member states may amend the compact. An amendment to this
compact is not effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 15
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes of
the compact. If a court finds that this compact is contrary to the constitution of any member state, the compact remains in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies.
Source: L. 2015: Entire part added, (HB 15-1015), ch. 171, p. 521, � 1, effective
August 5. L. 2016: Section 2 O. and section 10 B.4. amended, (SB 16-189), ch. 210, p. 768, � 55, effective June 6. L. 2019: Section 2 H. amended, (SB 19-242), ch. 396, p. 3528, � 14, effective May 31.
PART 36
INTERSTATE MEDICAL LICENSURE COMPACT
C.R.S. § 24-60-3702
24-60-3702. Compact approved and ratified. The general assembly hereby approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
PHYSICAL THERAPY LICENSURE COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
This Compact is designed to achieve the following objectives:
1. Increase public access to physical therapy services by providing for the
mutual recognition of other member state licenses;
2. Enhance the states' ability to protect the public's health and safety;
3. Encourage the cooperation of member states in regulating multi-state
physical therapy practice;
4. Support spouses of relocating military members;
5. Enhance the exchange of licensure, investigative, and disciplinary
information between member states; and
6. Allow a remote state to hold a provider of services with a compact
privilege in that state accountable to that state's practice standards.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
1. Active Duty Military means full-time duty status in the active uniformed
service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.
2. Adverse Action means disciplinary action taken by a physical therapy
licensing board based upon misconduct, unacceptable performance, or a combination of both.
3. Alternative Program means a non-disciplinary monitoring or practice
remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
4. Compact privilege means the authorization granted by a remote state
to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
5. Continuing competence means a requirement, as a condition of license
renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
6. Data system means a repository of information about licensees,
including examination, licensure, investigative, compact privilege, and adverse action.
7. Encumbered license means a license that a physical therapy licensing
board has limited in any way.
8. Executive Board means a group of directors elected or appointed to act
on behalf of, and within the powers granted to them by, the Commission.
9. Home state means the member state that is the licensee's primary state
of residence.
10. Investigative information means information, records, and documents
received or generated by a physical therapy licensing board pursuant to an investigation.
11. Jurisprudence Requirement means the assessment of an individual's
knowledge of the laws and rules governing the practice of physical therapy in a state.
12. Licensee means an individual who currently holds an authorization from
the state to practice as a physical therapist or to work as a physical therapist assistant.
13. Member state means a state that has enacted the Compact.
14. Party state means any member state in which a licensee holds a
current license or compact privilege or is applying for a license or compact privilege.
15. Physical therapist means an individual who is licensed by a state to
practice physical therapy.
16. Physical therapist assistant means an individual who is
licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.
17. Physical therapy, physical therapy practice, and the practice of
physical therapy mean the care and services provided by or under the direction and supervision of a licensed physical therapist.
18. Physical Therapy Compact Commission or Commission means the
national administrative body whose membership consists of all states that have enacted the Compact.
19. Physical therapy licensing board or licensing board means the
agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
20. Remote State means a member state other than the home state,
where a licensee is exercising or seeking to exercise the compact privilege.
21. Rule means a regulation, principle, or directive promulgated by the
Commission that has the force of law.
22. State means any state, commonwealth, district, or territory of the
United States of America that regulates the practice of physical therapy.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To participate in the Compact, a state must:
1. Participate fully in the Commission's data system, including using the
Commission's unique identifier as defined in rules;
2. Have a mechanism in place for receiving and investigating complaints
about licensees;
3. Notify the Commission, in compliance with the terms of the Compact and
rules, of any adverse action or the availability of investigative information regarding a licensee;
4. Fully implement a criminal background check requirement, within a time
frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with Section 3.B.;
5. Comply with the rules of the Commission;
6. Utilize a recognized national examination as a requirement for licensure
pursuant to the rules of the Commission; and
7. Have continuing competence requirements as a condition for license
renewal.
B. Upon adoption of this statute, the member state shall have the authority
to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. �534 and 42 U.S.C. �14616.
C. A member state shall grant the compact privilege to a licensee holding a
valid unencumbered license in another member state in accordance with the terms of the Compact and rules.
D. Member states may charge a fee for granting a compact privilege.
SECTION 4. COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and provisions of the
Compact, the licensee shall:
1. Hold a license in the home state;
2. Have no encumbrance on any state license;
3. Be eligible for a compact privilege in any member state in accordance with
Section 4D, G and H;
4. Have not had any adverse action against any license or compact privilege
within the previous 2 years;
5. Notify the Commission that the licensee is seeking the compact privilege
within a remote state(s);
6. Pay any applicable fees, including any state fee, for the compact privilege;
7. Meet any jurisprudence requirements established by the remote state(s) in
which the licensee is seeking a compact privilege; and
8. Report to the Commission adverse action taken by any non-member state
within 30 days from the date the adverse action is taken.
B. The compact privilege is valid until the expiration date of the home
license. The licensee must comply with the requirements of Section 4.A. to maintain the compact privilege in the remote state.
C. A licensee providing physical therapy in a remote state under the compact
privilege shall function within the laws and regulations of the remote state.
D. A licensee providing physical therapy in a remote state is subject to that
state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.
E. If a home state license is encumbered, the licensee shall lose the compact
privilege in any remote state until the following occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date of the adverse action.
F. Once an encumbered license in the home state is restored to good
standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.
G. If a licensee's compact privilege in any remote state is removed, the
individual shall lose the compact privilege in any remote state until the following occur:
1. The specific period of time for which the compact privilege was removed
has ended;
2. All fines have been paid; and
3. Two years have elapsed from the date of the adverse action.
H. Once the requirements of Section 4G have been met, the license must
meet the requirements in Section 4A to obtain a compact privilege in a remote state.
SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
A licensee who is active duty military or is the spouse of an individual who is
active duty military may designate one of the following as the home state:
A. Home of record;
B. Permanent Change of Station (PCS); or
C. State of current residence if it is different than the PCS state or home of
record.
SECTION 6. ADVERSE ACTIONS
A. A home state shall have exclusive power to impose adverse action against
a license issued by the home state.
B. A home state may take adverse action based on the investigative
information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
C. Nothing in this Compact shall override a member state's decision that
participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.
D. Any member state may investigate actual or alleged violations of the
statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
E. A remote state shall have the authority to:
1. Take adverse actions as set forth in Section 4.D. against a licensee's
compact privilege in the state;
2. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and
3. If otherwise permitted by state law, recover from the licensee the costs of
investigations and disposition of cases resulting from any adverse action taken against that licensee.
F. Joint Investigations
1. In addition to the authority granted to a member state by its respective
physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under the Compact.
SECTION 7. ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
COMMISSION.
A. The Compact member states hereby create and establish a joint public
agency known as the Physical Therapy Compact Commission:
1. The Commission is an instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity.
B. Membership, Voting, and Meetings
1. Each member state shall have and be limited to one (1) delegate selected
by that member state's licensing board.
2. The delegate shall be a current member of the licensing board, who is a
physical therapist, physical therapist assistant, public member, or the board administrator.
3. Any delegate may be removed or suspended from office as provided by
the law of the state from which the delegate is appointed.
4. The member state board shall fill any vacancy occurring in the
Commission.
5. Each delegate shall be entitled to one (1) vote with regard to the
promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
6. A delegate shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
7. The Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the bylaws.
C. The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with the bylaws;
4. Meet and take such actions as are consistent with the provisions of this
Compact and the bylaws;
5. Promulgate uniform rules to facilitate and coordinate implementation and
administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;
6. Bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a member state;
9. Hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
10. Accept any and all appropriate donations and grants of money,
equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to
own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees comprised of
members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
16. Provide and receive information from, and cooperate with, law
enforcement agencies;
17. Establish and elect an Executive Board; and
18. Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.
D. The Executive Board
The Executive Board shall have the power to act on behalf of the Commission
according to the terms of this Compact.
1. The Executive Board shall be comprised of nine members:
a. Seven voting members who are elected by the Commission from the
current membership of the Commission;
b. One ex-officio, nonvoting member from the recognized national physical
therapy professional association; and
c. One ex-officio, nonvoting member from the recognized membership
organization of the physical therapy licensing boards.
2. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the Executive Board as
provided in bylaws.
4. The Executive Board shall meet at least annually.
5. The Executive Board shall have the following Duties and responsibilities:
a. Recommend to the entire Commission changes to the rules or bylaws,
changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;
b. Ensure Compact administration services are appropriately provided,
contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of member states and provide compliance
reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public notice of meetings
shall be given in the same manner as required under the rulemaking provisions in Section 9.
2. The Commission or the Executive Board or other committees of the
Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss:
a. Non-compliance of a member state with its obligations under the
Compact;
b. The employment, compensation, discipline or other matters, practices or
procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement
purposes;
i. Disclosure of information related to any investigative reports prepared by
or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal or member state
statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this provision,
the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources,
donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.
4. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.
5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and representatives
of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, executive director,
employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 8. DATA SYSTEM
A. The Commission shall provide for the development, maintenance, and
utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
B. Notwithstanding any other provision of state law to the contrary, a
member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact privilege;
4. Non-confidential information related to alternative program participation;
5. Any denial of application for licensure, and the reason(s) for such denial;
and
6. Other information that may facilitate the administration of this Compact,
as determined by the rules of the Commission.
C. Investigative information pertaining to a licensee in any member state will
only be available to other party states.
D. The Commission shall promptly notify all member states of any adverse
action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
E. Member states contributing information to the data system may designate
information that may not be shared with the public without the express permission of the contributing state.
F. Any information submitted to the data system that is subsequently
required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
SECTION 9. RULEMAKING
A. The Commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
B. If a majority of the legislatures of the member states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a regular or special
meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or rules by the
Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform;
and
2. On the website of each member state physical therapy licensing board or
other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the rule will
be considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the
proposed rule;
3. A request for comments on the proposed rule from any interested person;
and
4. The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing and any written comments.
F. Prior to adoption of a proposed rule, the Commission shall allow persons
to submit written data, facts, opinions, and arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
H. If a hearing is held on the proposed rule or amendment, the Commission
shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive
director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who
wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will be made
available on request.
4. Nothing in this section shall be construed as requiring a separate hearing
on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
I. Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
J. If no written notice of intent to attend the public hearing by interested
parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
K. The Commission shall, by majority vote of all members, take final action
on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
L. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an administrative rule that is
established by federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches of state government in
each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such
proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
a. Provide written notice to the defaulting state and other member states of
the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and
b. Provide remedial training and specific technical assistance regarding the
default.
2. If a state in default fails to cure the default, the defaulting state may be
terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
4. A state that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state that is found to
be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by
petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
C. Dispute Resolution
1. Upon request by a member state, the Commission shall attempt to resolve
disputes related to the Compact that arise among member states and between member and non-member states.
2. The Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United
States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal or state law.
SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact
statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
B. Any state that joins the Compact subsequent to the Commission's initial
adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by enacting a statute
repealing the same.
1. A member state's withdrawal shall not take effect until six (6) months
after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing
state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or
prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.
E. This Compact may be amended by the member states. No amendment to
this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 12. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
Source: L. 2017: Entire part added, (HB 17-1057), ch. 200, p. 725, � 1, effective
May 10.
PART 38
ENHANCED NURSE LICENSURE COMPACT
C.R.S. § 24-60-3802
24-60-3802. Compact approved and ratified. The general assembly hereby approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
ARTICLE I
Findings and Declaration of Purpose
a. The party states find that:
1. The health and safety of the public are affected by the degree of
compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
2. Violations of nurse licensure and other laws regulating the practice of
nursing may result in injury or harm to the public;
3. The expanded mobility of nurses and the use of advanced communication
technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;
4. New practice modalities and technology make compliance with individual
state nurse licensure laws difficult and complex;
5. The current system of duplicative licensure for nurses practicing in
multiple states is cumbersome and redundant for both nurses and states; and
6. Uniformity of nurse licensure requirements throughout the states
promotes public safety and public health benefits.
b. The general purposes of this Compact are to:
1. Facilitate the states' responsibility to protect the public's health and
safety;
2. Ensure and encourage the cooperation of party states in the areas of
nurse licensure and regulation;
3. Facilitate the exchange of information between party states in the areas
of nurse regulation, investigation and adverse actions;
4. Promote compliance with the laws governing the practice of nursing in
each jurisdiction;
5. Invest all party states with the authority to hold a nurse accountable for
meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;
6. Decrease redundancies in the consideration and issuance of nurse
licenses; and
7. Provide opportunities for interstate practice by nurses who meet uniform
licensure requirements.
ARTICLE II
Definitions
As used in this Compact:
a. Adverse action means any administrative, civil, equitable or criminal
action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation of the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action.
b. Alternative program means a non-disciplinary monitoring program
approved by a licensing board.
c. Coordinated licensure information system means an integrated process
for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
d. Current significant investigative information means:
1. Investigative information that a licensing board, after a preliminary inquiry
that includes notification and an opportunity for the nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
2. Investigative information that indicates that the nurse represents an
immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
e. Encumbrance means a revocation or suspension of, or any limitation on,
the full and unrestricted practice of nursing imposed by a licensing board.
f. Home state means the party state which is the nurse's primary state of
residence.
g. Licensing board means a party state's regulatory body responsible for
issuing nurse licenses.
h. Multistate license means a license to practice as a registered or a
licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.
i. Multistate licensure privilege means a legal authorization associated
with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state.
j. Nurse means RN or LPN/VN, as those terms are defined by each party
state's practice laws.
k. Party state means any state that has adopted this Compact.
l. Remote state means a party state, other than the home state.
m. Single-state license means a nurse license issued by a party state that
authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.
n. State means a state, territory or possession of the United States and the
District of Columbia.
o. State practice laws means a party state's laws, rules and regulations
that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. State practice laws do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
ARTICLE III
General Provisions and Jurisdiction
a. A multistate license to practice registered or licensed practical/vocational
nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state.
b. A state must implement procedures for considering the criminal history
records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.
c. Each party state shall require the following for an applicant to obtain or
retain a multistate license in the home state:
1. Meets the home state's qualifications for licensure or renewal of licensure,
as well as, all other applicable state laws;
2. i. Has graduated or is eligible to graduate from a licensing board-approved
RN or LPN/VN prelicensure education program; or
ii. Has graduated from a foreign RN or LPN/VN prelicensure education
program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program;
3. Has, if a graduate of a foreign prelicensure education program not taught
in English or if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening;
4. Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or
recognized predecessor, as applicable;
5. Is eligible for or holds an active, unencumbered license;
6. Has submitted, in connection with an application for initial licensure or
licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records;
7. Has not been convicted or found guilty, or has entered into an agreed
disposition, of a felony offense under applicable state or federal criminal law;
8. Has not been convicted or found guilty, or has entered into an agreed
disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
9. Is not currently enrolled in an alternative program;
10. Is subject to self-disclosure requirements regarding current participation
in an alternative program; and
11. Has a valid United States Social Security Number.
d. All party states shall be authorized, in accordance with existing state due
process law, to take adverse action against a nurse's multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
e. A nurse practicing in a party state must comply with the state practice
laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.
f. Individuals not residing in a party state shall continue to be able to apply
for a party state's single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this Compact shall affect the requirements established by a party state for the issuance of a single-state license.
g. Any nurse holding a home state multistate license, on the effective date of
this Compact, may retain and renew the multistate license issued by the nurse's then-current home state, provided that:
1. A nurse, who changes primary state of residence after this compact's
effective date, must meet all applicable Article III.c. requirements to obtain a multistate license from a new home state.
2. A nurse who fails to satisfy the multistate licensure requirements in
Article III.c. due to a disqualifying event occurring after this Compact's effective date shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators (Commission).
ARTICLE IV
Applications for Licensure in a Party State
a. Upon application for a multistate license, the licensing board in the issuing
party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently in an alternative program.
b. A nurse may hold a multistate license, issued by the home state, in only
one party state at a time.
c. If a nurse changes primary state of residence by moving between two
party states, the nurse must apply for licensure in the new home state and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the Commission.
1. The nurse may apply for licensure in advance of a change in primary state
of residence.
2. A multistate license shall not be issued by the new home state until the
nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
d. If a nurse changes primary state of residence by moving from a party state
to a non-party state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
ARTICLE V
Additional Authorities Invested in
Party State Licensing Boards
a. In addition to the other powers conferred by state law, a licensing board
shall have the authority to:
1. Take adverse action against a nurse's multistate licensure privilege to
practice within that party state.
i. Only the home state shall have the power to take adverse action against a
nurse's license issued by the home state.
ii. For purposes of taking adverse action, the home state licensing board
shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
2. Issue cease and desist orders or impose an encumbrance on a nurse's
authority to practice within that party state.
3. Complete any pending investigations of a nurse who changes primary
state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.
4. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.
5. Obtain and submit, for each nurse licensure applicant, fingerprint or other
biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.
6. If otherwise permitted by state law, recover from the affected nurse the
costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.
7. Take adverse action based on the factual findings of the remote state,
provided that the licensing board follows its own procedures for taking such adverse action.
b. If adverse action is taken by the home state against a nurse's multistate
license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order.
c. Nothing in this Compact shall override a party state's decision that
participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.
ARTICLE VI
Coordinated Licensure Information
System and Exchange of Information
a. All party states shall participate in a coordinated licensure information
system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
b. The Commission, in consultation with the administrator of the coordinated
licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this Compact.
c. All licensing boards shall promptly report to the coordinated licensure
information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
d. Current significant investigative information and participation in nonpublic
or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
e. Notwithstanding any other provision of law, all party state licensing
boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
f. Any personally identifiable information obtained from the coordinated
licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
g. Any information contributed to the coordinated licensure information
system that is subsequently required to be expunged by the laws of the party state contributing that information, shall also be expunged from the coordinated licensure information system.
h. The Compact administrator of each party state shall furnish a uniform
data set to the Compact administrator of each other party state, which shall include, at a minimum:
1. Identifying information;
2. Licensure data;
3. Information related to alternative program participation; and
4. Other information that may facilitate the administration of this Compact,
as determined by Commission rules.
i. The Compact administrator of a party state shall provide all investigative
documents and information requested by another party state.
ARTICLE VII
Establishment of the Interstate Commission
of Nurse Licensure Compact Administrators
a. The party states hereby create and establish a joint public entity known as
the Interstate Commission of Nurse Licensure Compact Administrators.
1. The Commission is an instrumentality of the party states.
2. Venue is proper, and judicial proceedings by or against the Commission
shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity.
b. Membership, Voting and Meetings
1. Each party state shall have and be limited to one administrator. The head
of the state licensing board or designee shall be the administrator of this Compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the Administrator is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the party state in which the vacancy exists.
2. Each administrator shall be entitled to one (1) vote with regard to the
promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication.
3. The Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the bylaws or rules of the commission.
4. All meetings shall be open to the public, and public notice of meetings
shall be given in the same manner as required under the rulemaking provisions in Article VIII.
5. The Commission may convene in a closed, non-public meeting if the
Commission must discuss:
i. Noncompliance of a party state with its obligations under this Compact;
ii. The employment, compensation, discipline or other personnel matters,
practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
iii. Current, threatened or reasonably anticipated litigation;
iv. Negotiation of contracts for the purchase or sale of goods, services or
real estate;
v. Accusing any person of a crime or formally censuring any person;
vi. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
vii. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
viii. Disclosure of investigatory records compiled for law enforcement
purposes;
ix. Disclosure of information related to any reports prepared by or on behalf
of the Commission for the purpose of investigation of compliance with this Compact; or
x. Matters specifically exempted from disclosure by federal or state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to this provision,
the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
c. The Commission shall, by a majority vote of the administrators, prescribe
bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including but not limited to:
1. Establishing the fiscal year of the Commission;
2. Providing reasonable standards and procedures:
i. For the establishment and meetings of other committees; and
ii. Governing any general or specific delegation of any authority or function
of the Commission;
3. Providing reasonable procedures for calling and conducting meetings of
the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;
4. Establishing the titles, duties and authority and reasonable procedures for
the election of the officers of the Commission;
5. Providing reasonable standards and procedures for the establishment of
the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the Commission; and
6. Providing a mechanism for winding up the operations of the Commission
and the equitable disposition of any surplus funds that may exist after the termination of this Compact after the payment or reserving of all of its debts and obligations;
d. The Commission shall publish its bylaws and rules, and any amendments
thereto, in a convenient form on the website of the Commission.
e. The Commission shall maintain its financial records in accordance with the
bylaws.
f. The Commission shall meet and take such actions as are consistent with
the provisions of this Compact and the bylaws.
g. The Commission shall have the following powers:
1. To promulgate uniform rules to facilitate and coordinate implementation
and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all party states;
2. To bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept or contract for services of personnel, including, but not
limited to, employees of a party state or nonprofit organizations;
5. To cooperate with other organizations that administer state compacts
related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space or other resources;
6. To hire employees, elect or appoint officers, fix compensation, define
duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
7. To accept any and all appropriate donations, grants and gifts of money,
equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
8. To lease, purchase, accept appropriate gifts or donations of, or otherwise
to own, hold, improve or use, any property, whether real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
9. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise
dispose of any property, whether real, personal or mixed;
10. To establish a budget and make expenditures;
11. To borrow money;
12. To appoint committees, including advisory committees comprised of
administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons;
13. To provide and receive information from, and to cooperate with, law
enforcement agencies;
14. To adopt and use an official seal; and
15. To perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact consistent with the state regulation of nurse licensure and practice.
h. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization and ongoing activities.
2. The Commission may also levy on and collect an annual assessment from
each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule that is binding upon all party states.
3. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the party states, except by, and with the authority of, such party state.
4. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
i. Qualified Immunity, Defense and Indemnification
1. The administrators, officers, executive director, employees and
representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful, or wanton misconduct of that person.
2. The Commission shall defend any administrator, officer, executive
director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error or omission did not result from that person's intentional, willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any administrator,
officer, executive director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful, or wanton misconduct of that person.
ARTICLE VIII
Rulemaking
a. The Commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this Compact.
b. Rules or amendments to the rules shall be adopted at a regular or special
meeting of the Commission.
c. Prior to promulgation and adoption of a final rule or rules by the
Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:
1. On the website of the Commission; and
2. On the website of each licensing board or the publication in which each
state would otherwise publish proposed rules.
d. The notice of proposed rulemaking shall include:
1. The proposed time, date and location of the meeting in which the rule will
be considered and voted upon;
2. The text of the proposed rule or amendment, and the reason for the
proposed rule;
3. A request for comments on the proposed rule from any interested person;
and
4. The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing and any written comments.
e. Prior to adoption of a proposed rule, the Commission shall allow persons
to submit written data, facts, opinions and arguments, which shall be made available to the public.
f. The Commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment.
g. The Commission shall publish the place, time, and date of the scheduled
public hearing.
1. Hearings shall be conducted in a manner providing each person who
wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.
2. Nothing in this section shall be construed as requiring a separate hearing
on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
h. If no one appears at the public hearing, the Commission may proceed with
promulgation of the proposed rule.
i. Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
j. The Commission shall, by majority vote of all administrators, take final
action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
k. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety or welfare;
2. Prevent a loss of Commission or party state funds; or
3. Meet a deadline for the promulgation of an administrative rule that is
required by federal law or rule.
l. The Commission may direct revisions to a previously adopted rule or
amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
ARTICLE IX
Oversight, Dispute Resolution and Enforcement
a. Oversight
1. Each party state shall enforce this Compact and take all actions necessary
and appropriate to effectuate this Compact's purposes and intent.
2. The Commission shall be entitled to receive service of process in any
proceeding that may affect the powers, responsibilities or actions of the Commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this Compact or promulgated rules.
b. Default, Technical Assistance and Termination
1. If the Commission determines that a party state has defaulted in the
performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
i. Provide written notice to the defaulting state and other party states of the
nature of the default, the proposed means of curing the default or any other action to be taken by the Commission; and
ii. Provide remedial training and specific technical assistance regarding the
default.
2. If a state in default fails to cure the default, the defaulting state's
membership in this Compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in this Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states.
4. A state whose membership in this Compact has been terminated is
responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state that is found to
be in default or whose membership in this Compact has been terminated unless agreed upon in writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the commission by
petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
c. Dispute Resolution
1. Upon request by a party state, the Commission shall attempt to resolve
disputes related to the Compact that arise among party states and between party and non-party states.
2. The Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes, as appropriate.
3. In the event the Commission cannot resolve disputes among party states
arising under this Compact:
i. The party states may submit the issues in dispute to an arbitration panel,
which will be comprised of individuals appointed by the Compact administrator in each of the affected party states and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute.
ii. The decision of a majority of the arbitrators shall be final and binding.
d. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the U.S.
District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
3. The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal or state law.
ARTICLE X
Effective Date, Withdrawal and Amendment
a. This Compact shall become effective and binding on the earlier of the date
of legislative enactment of this Compact into law by no less than twenty-six (26) states or December 31, 2018. All party states to this Compact, that also were parties to the prior Nurse Licensure Compact, superseded by this Compact, (Prior Compact), shall be deemed to have withdrawn from said Prior Compact within six (6) months after the effective date of this Compact.
b. Each party state to this Compact shall continue to recognize a nurse's
multistate licensure privilege to practice in that party state issued under the Prior Compact until such party state has withdrawn from the Prior Compact.
c. Any party state may withdraw from this Compact by enacting a statute
repealing the same. A party state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
d. A party state's withdrawal or termination shall not affect the continuing
requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
e. Nothing contained in this Compact shall be construed to invalidate or
prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this Compact.
f. This Compact may be amended by the party states. No amendment to this
Compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
g. Representatives of nonparty states to this Compact shall be invited to
participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.
ARTICLE XI
Construction and Severability
This Compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held to be contrary to the constitution of any party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
Source: L. 2018: Entire part added, (SB 18-027), ch. 1, p. 1, � 2, effective
January 18.
PART 39
PSYCHOLOGY INTERJURISDICTIONAL COMPACT
C.R.S. § 24-60-4101
24-60-4101. Approved and ratified. The general assembly hereby approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
SECTION 1
PURPOSE
The purpose of this Compact is to facilitate interstate practice of
occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:
A. Increase public access to occupational therapy services by providing for
the mutual recognition of other member state licenses;
B. Enhance states' ability to protect the public's health and safety;
C. Encourage the cooperation of member states in regulating multistate
occupational therapy practice;
D. Support spouses of relocating active duty military personnel;
E. Enhance the exchange of licensure, investigative, and disciplinary
information between member states;
F. Allow a remote state to hold a provider of services with a Compact
privilege in that state accountable to that state's practice standards; and
G. Facilitate the use of telehealth technology in order to increase access to
occupational therapy services.
SECTION 2
DEFINITIONS
As used in this Compact, and except as otherwise provided, the following
definitions shall apply:
A. Active duty military means full-time duty status in the active uniformed
services of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.
B. Adverse action means any administrative, civil, equitable, or criminal
action permitted by a state's laws that is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual's license or Compact privilege such as censure, revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.
C. Alternative program means a nondisciplinary monitoring process
approved by an occupational therapy licensing board.
D. Compact privilege means the authorization, which is equivalent to a
license, granted by a remote state to allow a licensee from another member state to practice as an occupational therapist or as an occupational therapy assistant in the remote state under its laws and rules. The practice of occupational therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
E. Continuing competence/education means a requirement, as a condition
of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to a practice or area of work.
F. Current significant investigative information means investigative
information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
G. Data system means a repository of information about licensees,
including, but not limited to, license status, investigative information, Compact privileges, and adverse actions.
H. Encumbered license means a license for which an adverse action
restricts the practice of occupational therapy by the licensee or an adverse action has been reported to the National Practitioners Data Bank.
I. Executive Committee means a group of directors elected or appointed to
act on behalf of, and within the powers granted to them by, the Commission.
J. Home state means the member state that is the licensee's primary state
of residence.
K. Impaired practitioner means an individual whose professional practice is
adversely affected by substance abuse, addiction, or other health-related conditions.
L. Investigative information means information, records, and/or documents
received or generated by an occupational therapy licensing board pursuant to an investigation.
M. Jurisprudence requirement means the assessment of an individual's
knowledge of the laws and rules governing the practice of occupational therapy in a state.
N. Licensee means an individual who currently holds an authorization from
the state to practice as an occupational therapist or an occupational therapy assistant.
O. Member state means a state that has enacted this Compact.
P. Occupational therapist means an individual who is licensed by the state
to practice occupational therapy.
Q. Occupational therapy assistant means an individual who is licensed by
the state to practice occupational therapy under the supervision of, and in partnership with, an occupational therapist.
R. Occupational therapy, occupational therapy practice, and the
practice of occupational therapy mean the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the member state's statutes and regulations.
S. Occupational Therapy Compact Commission or Commission means the
national administrative body whose membership consists of all states that have enacted the Compact.
T. Occupational therapy licensing board or licensing board means the
agency of a state that is authorized to license and regulate occupational therapists and occupational therapy assistants. In Colorado, occupational therapy licensing board or licensing board means the director of the division of professions and occupations in the department of regulatory agencies.
U. Primary state of residence means the state (also known as the home
state) in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by a driver's license, federal income tax return, lease, deed, mortgage, voter registration, or other verifying documentation as may be further defined by rules of the Commission.
V. Remote state means a member state other than the home state where a
licensee is exercising or seeking to exercise the Compact privilege.
W. Rule means a regulation promulgated by the Commission that has the
force of law.
X. Single-state license means an occupational therapist or occupational
therapy assistant license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
Y. State means any state, commonwealth, district, or territory of the United
States that regulates the practice of occupational therapy.
Z. Telehealth means the application of telecommunication technology to
deliver occupational therapy services for assessment, intervention, and/or consultation.
SECTION 3
STATE PARTICIPATION IN THE COMPACT
A. To participate in this Compact, a member state shall:
1. License occupational therapists and occupational therapy assistants;
2. Participate fully in the data system, including but not limited to using the
Commission's unique identifier as defined in rules of the Commission;
3. Have a mechanism in place for receiving and investigating complaints
about licensees;
4. Notify the Commission, in compliance with the terms of this Compact and
rules, of any adverse action or the availability of investigative information regarding a licensee;
5. Implement or utilize procedures for considering the criminal history
records of applicants for an initial Compact privilege. These procedures shall include the requirement that an applicant for licensure under the Compact must have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the licensing board. The licensing board shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether an applicant is qualified to hold a license pursuant to the Compact. The licensing board may verify the information an applicant is required to submit. The results of the criminal history record check are confidential. The licensing board shall not release the results to the public, the Commission, or any other regulator, as that term is defined in section 12-20-102 (14).
a. A member state must fully implement a criminal background check
requirement within a time frame established by rule.
b. Communication between a member state, the Commission, and among
member states regarding the verification of eligibility for licensure through this Compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under Pub.L. 92-544.
6. Comply with the rules of the Commission;
7. Utilize only a recognized national examination as a requirement for
licensure pursuant to the rules of the Commission; and
8. Have continuing competence/education requirements as a condition for
license renewal.
B. A member state shall grant the Compact privilege to a licensee holding a
valid unencumbered license in another member state in accordance with the terms of this Compact and rules.
C. Member states may charge a fee for granting a Compact privilege.
D. A member state shall provide for the state's delegate to attend all
Commission meetings.
E. Individuals not residing in a member state shall continue to be able to
apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the Compact privilege in any other member state.
F. Nothing in this Compact affects the requirements established by a
member state for the issuance of a single-state license.
SECTION 4
COMPACT PRIVILEGE
A. To exercise the Compact privilege under the terms and provisions of this
Compact, a licensee shall:
1. Hold a license in the home state;
2. Have a valid United States social security number or national practitioner
identification number;
3. Have no encumbrance on any state license;
4. Be eligible for a Compact privilege in any member state in accordance
with sections 4 (D), 4 (F), 4 (G), and 4 (H);
5. Have paid all fines and completed all requirements resulting from any
adverse action against any license or Compact privilege, and two years have elapsed from the date of such completion;
6. Notify the Commission that the licensee is seeking the Compact privilege
in one or more remote states;
7. Pay any applicable fees, including any state fee, for the Compact
privilege;
8. Complete a criminal background check in accordance with section 3
(A)(5).
a. The licensee shall be responsible for the payment of any fee associated
with the completion of a criminal background check.
9. Meet any jurisprudence requirements established by the remote state(s)
in which the licensee is seeking a Compact privilege; and
10. Report to the Commission any adverse action taken by any nonmember
state within thirty (30) days after the date the adverse action is taken.
B. The Compact privilege is valid until the expiration date of the home state
license. The licensee must comply with the requirements of section 4 (A) to maintain the Compact privilege in the remote state.
C. A licensee providing occupational therapy in a remote state under the
Compact privilege shall function within the laws and regulations of the remote state.
D. An occupational therapy assistant practicing in a remote state shall be
supervised by an occupational therapist licensed or holding a Compact privilege in that remote state.
E. A licensee providing occupational therapy in a remote state is subject to
that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's Compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a Compact privilege in any state until the specific time for removal has passed and all fines are paid.
F. If a licensee's home state license is encumbered, the licensee shall lose
the Compact privilege in any remote state until the following occur:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date on which the home state license is
no longer encumbered in accordance with section 4 (F)(1).
G. After an encumbered license in the home state is restored to good
standing, the licensee must meet the requirements of section 4 (A) to obtain a Compact privilege in any remote state.
H. If a licensee's Compact privilege in any remote state is removed, the
individual may lose the Compact privilege in any other remote state until the following occur:
1. The specific period of time for which the Compact privilege was removed
has ended;
2. All fines have been paid and all conditions have been met;
3. Two years have elapsed from the date of completing requirements for
sections 4 (H)(1) and 4 (H)(2); and
4. The Compact privileges are reinstated by the Commission, and the data
system is updated to reflect reinstatement.
I. If a licensee's Compact privilege in any remote state is removed due to an
erroneous charge, privileges shall be restored through the data system.
J. Once the requirements of section 4 (H) have been met, the license must
meet the requirements in section 4 (A) to obtain a Compact privilege in a remote state.
SECTION 5
OBTAINING A NEW HOME STATE LICENSE BY
VIRTUE OF COMPACT PRIVILEGE
A. An occupational therapist or occupational therapy assistant may hold a
home state license, which allows for Compact privileges in member states, in only one member state at a time.
B. If an occupational therapist or occupational therapy assistant changes
primary state of residence by moving between two member states:
1. The occupational therapist or occupational therapy assistant shall file an
application for obtaining a new home state license by virtue of a Compact privilege, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the Commission.
2. Upon receipt of an application for obtaining a new home state license by
virtue of a Compact privilege, the new home state shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in section 4 via the data system, without need for primary source verification except for:
a. A federal bureau of investigation fingerprint-based criminal background
check if one has not been previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Pub.L. 92-544;
b. Other criminal background checks as required by the new home state; and
c. Submission of any requisite jurisprudence requirements of the new home
state.
3. The former home state shall convert the former home state license into a
Compact privilege once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission.
4. Notwithstanding any other provision of this Compact, if the occupational
therapist or occupational therapy assistant cannot meet the criteria in section 4, the new home state shall apply its requirements for issuing a new single-state license.
5. The occupational therapist or occupational therapy assistant shall pay all
applicable fees to the new home state in order to be issued a new home state license.
C. If an occupational therapist or occupational therapy assistant changes
primary state of residence by moving from a member state to a nonmember state, or from a nonmember state to a member state, the state criteria shall apply for issuance of a single-state license in the new state.
D. Nothing in this Compact shall interfere with a licensee's ability to hold a
single-state license in multiple states; however, for the purposes of this Compact, a licensee shall have only one home state license.
E. Nothing in this Compact shall affect the requirements established by a
member state for the issuance of a single-state license.
SECTION 6
ACTIVE DUTY MILITARY PERSONNEL
OR THEIR SPOUSES
Active duty military personnel or their spouses shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall change the individual's home state only through application for licensure in the new state or through the process described in section 5.
SECTION 7
ADVERSE ACTIONS
A. A home state shall have exclusive power to impose an adverse action
against an occupational therapist's or occupational therapy assistant's license issued by the home state.
B. In addition to the other powers conferred by state law, a remote state has
the authority, in accordance with existing state due process law, to:
1. Take an adverse action against an occupational therapist's or occupational
therapy assistant's Compact privilege within that member state; and
2. Issue subpoenas for hearings and investigations that require the
attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence is located.
C. For purposes of taking adverse action, the home state shall give the same
priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
D. The home state shall complete any pending investigations of an
occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The home state where the investigations were initiated shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the data system. The data system administrator shall promptly notify the new home state of any adverse actions.
E. A member state, if otherwise permitted by state law, may recover from the
affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.
F. A member state may take adverse action based on the factual findings of
the remote state, provided that the member state follows its own procedures for taking the adverse action.
G. Joint investigations.
1. In addition to the authority granted to a member state by its respective
state occupational therapy laws and regulations or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under this Compact.
H. If an adverse action is taken by the home state against an occupational
therapist's or occupational therapy assistant's license, the occupational therapist's or occupational therapy assistant's Compact privilege in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose an adverse action against an occupational therapist's or occupational therapy assistant's license shall include a statement that the occupational therapist's or occupational therapy assistant's Compact privilege is deactivated in all member states during the pendency of the order.
I. If a member state takes an adverse action, it shall promptly notify the data
system administrator. The data system administrator shall promptly notify the home state of any adverse actions by remote states.
J. Nothing in this Compact shall override a member state's decision that
participation in an alternative program may be used in lieu of an adverse action.
SECTION 8
ESTABLISHMENT OF THE OCCUPATIONAL
THERAPY COMPACT COMMISSION
A. The Compact member states hereby create and establish a joint public
agency known as the Occupational Therapy Compact Commission:
1. The Commission is an instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity.
B. Membership, voting, and meetings.
1. Each member state shall have and be limited to one (1) delegate selected
by that member state's licensing board.
2. The delegate shall be either:
a. A current member of the licensing board who is an occupational therapist,
occupational therapy assistant, or public member; or
b. An administrator of the licensing board.
3. Any delegate may be removed or suspended from office as provided by
the law of the state from which the delegate is appointed.
4. The member state licensing board shall fill any vacancy occurring in the
Commission within ninety (90) days.
5. Each delegate shall be entitled to one (1) vote with regard to the
promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
6. The Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the bylaws.
7. The Commission shall establish by rule a term of office for delegates.
C. The Commission shall have the following powers and duties:
1. Establish a code of ethics for the Commission;
2. Establish the fiscal year of the Commission;
3. Establish bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this
Compact and the bylaws;
6. Promulgate uniform rules to facilitate and coordinate implementation and
administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;
7. Bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any state occupational therapy licensing board to sue or be sued under applicable law shall not be affected;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a member state;
10. Hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
11. Accept any and all appropriate donations and grants of money,
equipment, supplies, materials, and services and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
12. Lease, purchase, accept appropriate gifts or donations of, or otherwise
own, hold, improve, or use, any property, whether real, personal, or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, whether real, personal, or mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees composed of
members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
17. Provide and receive information from, and cooperate with, law
enforcement agencies;
18. Establish and elect an Executive Committee; and
19. Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact consistent with the state regulation of occupational therapy licensure and practice.
D. The Executive Committee.
The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact.
1. The Executive Committee shall be composed of nine members:
a. Seven voting members who are elected by the Commission from the
current membership of the Commission;
b. One ex-officio, nonvoting member from a recognized national
occupational therapy professional association; and
c. One ex-officio, nonvoting member from a recognized national occupational
therapy certification organization.
2. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the Executive Committee as
provided in bylaws.
4. The Executive Committee shall meet at least annually.
5. The Executive Committee shall have the following duties and
responsibilities:
a. Recommend to the entire Commission changes to the rules or bylaws,
changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any Commission Compact fee charged to licensees for the Compact privilege;
b. Ensure Compact administration services are appropriately provided,
contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of member states and provide compliance
reports to the Commission;
f. Establish additional committees as necessary; and
g. Perform other duties as provided in rules or bylaws.
E. Meetings of the Commission.
1. All meetings shall be open to the public, and public notice of meetings
shall be given in the same manner as required under the rule-making provisions in section 10.
2. The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must discuss:
a. Noncompliance of a member state with its obligations under this Compact;
b. The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement
purposes;
i. Disclosure of information related to any investigative reports prepared by,
on behalf of, or for the use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal or member state
statute.
3. If a meeting or portion of a meeting is closed pursuant to this section 8 (E),
the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or an order of a court of competent jurisdiction.
F. Financing of the Commission.
1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources,
donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.
4. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.
5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
G. Qualified immunity, defense, and indemnification.
1. The members, officers, executive director, employees, and representatives
of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this section 8 (G)(1) shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, executive director,
employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining counsel; and provided further that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 9
DATA SYSTEM
A. The Commission shall provide for the development, maintenance, and
utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
B. A member state shall submit a uniform data set to the data system on all
individuals to whom this Compact is applicable (utilizing a unique identifier) as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or Compact privilege;
4. Nonconfidential information related to alternative program participation;
5. Any denial of application for licensure and the reason(s) for such denial;
6. Other information that may facilitate the administration of this Compact,
as determined by the rules of the Commission; and
7. Current significant investigative information.
C. Current significant investigative information and other investigative
information pertaining to a licensee in any member state will be available only to other member states.
D. The Commission shall promptly notify all member states of any adverse
action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
E. Member states contributing information to the data system may designate
information that may not be shared with the public without the express permission of the contributing state.
F. Any information submitted to the data system that is subsequently
required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
SECTION 10
RULE-MAKING
A. The Commission shall exercise its rule-making powers pursuant to the
criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
B. The Commission shall promulgate reasonable rules in order to effectively
and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its rule-making authority in a manner that is beyond the scope of the purposes of the Compact or the powers granted hereunder, then such action by the Commission shall be invalid and have no force and effect.
C. If a majority of the legislatures of the member states rejects a rule by
enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the rule, then the rule shall have no further force and effect in any member state.
D. Rules or amendments to the rules shall be adopted at a regular or special
meeting of the Commission.
E. Prior to promulgation and adoption of a final rule or rules by the
Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rule-making:
1. On the website of the Commission or other publicly accessible platform;
and
2. On the website of each member state's occupational therapy licensing
board or other publicly accessible platform or the publication in which each member state would otherwise publish proposed rules.
F. The notice of proposed rule-making shall include:
1. The proposed time, date, and location of the meeting at which the rule will
be considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the
proposed rule;
3. A request for comments on the proposed rule from any interested person;
and
4. The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing and any written comments.
G. Prior to adoption of a proposed rule, the Commission shall allow persons
to submit written data, facts, opinions, and arguments, which shall be made available to the public.
H. The Commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or agency; or
3. An association or organization having at least twenty-five (25) members.
I. If a hearing is held on the proposed rule or amendment, the Commission
shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive
director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who
wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will be made
available on request.
4. Nothing in this section shall be construed as requiring a separate hearing
on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
J. Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
K. If no written notice of intent to attend the public hearing by interested
parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
L. The Commission shall, by majority vote of all members, take final action on
the proposed rule and shall determine the effective date of the rule, if any, based on the rule-making record and the full text of the rule.
M. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rule-making procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or member state funds;
3. Meet a deadline for the promulgation of an administrative rule that is
established by federal law or rule; or
4. Protect public health and safety.
N. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
SECTION 11
OVERSIGHT, DISPUTE RESOLUTION,
AND ENFORCEMENT
A. Oversight.
1. The executive, legislative, and judicial branches of state government in
each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the rules in any
judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact that may affect the powers, responsibilities, or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such
proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.
B. Default, technical assistance, and termination.
1. If the Commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:
a. Provide written notice to the defaulting state and other member states of
the nature of the default, the proposed means of curing the default, and/or any other action to be taken by the Commission; and
b. Provide remedial training and specific technical assistance regarding the
default.
2. If a state in default fails to cure the default, the defaulting state may be
terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
4. A state that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state that is found to
be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by
petitioning the United States district court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
C. Dispute resolution.
1. Upon request by a member state, the Commission shall attempt to resolve
disputes related to the Compact that arise among member states and between member and nonmember states.
2. The Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
D. Enforcement.
1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United
States district court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.
3. The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal or state law.
SECTION 12
DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE
AND ASSOCIATED RULES, WITHDRAWAL,
AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact
statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rule-making powers necessary to the implementation and administration of the Compact.
B. Any state that joins the Compact subsequent to the Commission's initial
adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by enacting a statute
repealing the same.
1. A member state's withdrawal shall not take effect until six (6) months
after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing
state's occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or
prevent any occupational therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.
E. This Compact may be amended by the member states. No amendment to
this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 13
CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Comp
C.R.S. § 24-60-4202
24-60-4202. Compact approved and ratified. The general assembly hereby approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
SECTION 1
PURPOSE
The purpose of this Compact is to facilitate interstate practice of audiology
and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practices of audiology and speech-language pathology occurs in the state where the patient/client/student is located at the time of the patient/client/student encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives:
1. Increase public access to audiology and speech-language pathology
services by providing for the mutual recognition of other member state licenses;
2. Enhance the states' ability to protect the public's health and safety;
3. Encourage the cooperation of member states in regulating multistate
audiology and speech-language pathology practice;
4. Support spouses of relocating active duty military personnel;
5. Enhance the exchange of licensure, investigative, and disciplinary
information between member states;
6. Allow a remote state to hold a provider of services with a compact
privilege in that state accountable to that state's practice standards; and
7. Allow for use of telehealth technology to facilitate increased access to
audiology and speech-language pathology services.
SECTION 2
DEFINITIONS
As used in this Compact, and except as otherwise provided, the following
definitions shall apply:
A. Active duty military means full-time duty status in the active uniformed
services of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.
B. Adverse action means any administrative, civil, equitable, or criminal
action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.
C. Alternative program means a non-disciplinary monitoring process
approved by an audiology or speech-language pathology licensing board to address impaired practitioners.
D. Audiologist means an individual who is licensed by a state to practice
audiology.
E. Audiology means the care and services provided by a licensed
audiologist as set forth in the member state's statutes and rules.
F. Audiology and Speech-Language Pathology Compact Commission or
Commission means the national administrative body whose membership consists of all states that have enacted the Compact.
G. Audiology and speech-language pathology licensing board, audiology
licensing board, speech-language pathology licensing board, or licensing board means the agency of a state that is responsible for the licensing and regulation of audiologists or speech-language pathologists.
H. Compact privilege means the authorization granted by a remote state to
allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient/client/student is located at the time of the patient/client/student encounter.
I. Current significant investigative information means investigative
information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
J. Data system means a repository of information about licensees,
including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action.
K. Encumbered license means a license in which an adverse action restricts
the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).
L. Executive Committee means a group of directors elected or appointed to
act on behalf of, and within the powers granted to them by, the Commission.
M. Home state means the member state that is the licensee's primary state
of residence.
N. Impaired practitioner means individuals whose professional practice is
adversely affected by substance abuse, addiction, or other health-related conditions.
O. Licensee means an individual who currently holds an authorization from
the state licensing board to practice as an audiologist or speech-language pathologist.
P. Member state means a state that has enacted the Compact.
Q. Privilege to practice means a legal authorization permitting the practice
of audiology or speech-language pathology in a remote state.
R. Remote state means a member state other than the home state where a
licensee is exercising or seeking to exercise the compact privilege.
S. Rule means a regulation, principle, or directive promulgated by the
Commission that has the force of law.
T. Single-state license means an audiology or speech-language pathology
license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
U. Speech-language pathologist means an individual who is licensed by a
state to practice speech-language pathology.
V. Speech-language pathology means the care and services provided by a
licensed speech-language pathologist as set forth in the member state's statutes and rules.
W. State means any state, commonwealth, district, or territory of the
United States of America that regulates the practice of audiology and speech-language pathology.
X. State practice laws means a member state's laws, rules, and regulations
that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.
Y. Telehealth means the application of telecommunication technology to
deliver audiology or speech-language pathology services at a distance for assessment, intervention, and/or consultation.
SECTION 3
STATE PARTICIPATION IN THE COMPACT
A. A license issued to an audiologist or speech-language pathologist by a
home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.
B. A state must implement or utilize procedures for considering the criminal
history records of applicants for initial privilege to practice. These procedures shall include the requirement that an applicant for licensure under the Compact must have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check. The applicant shall submit payment by certified check or money order for the fingerprints and for the actual costs of the record check at the time the fingerprints are submitted to the Colorado bureau of investigation. Upon receipt of fingerprints and receipt of the payment for costs, the Colorado bureau of investigation shall conduct a state and national fingerprint-based criminal history record check utilizing records of the Colorado bureau of investigation and the federal bureau of investigation and shall forward the results of the criminal history record check to the board. The board shall use the information resulting from the fingerprint-based criminal history record check to investigate and determine whether an applicant is qualified to hold a license pursuant to the Compact. The board may verify the information an applicant is required to submit. The results of the criminal history record check are confidential. The board shall not release the results to the public, the Commission, or any other regulator, as that term is defined in section 12-20-102 (14).
1. A member state must fully implement a criminal background check
requirement, within a time frame established by rule.
2. Communication between a member state, the Commission, and among
member states regarding verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544.
C. Upon application for a privilege to practice, the licensing board in the
issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, whether any adverse action has been taken against any license or privilege to practice held by the applicant.
D. Each member state shall require an applicant to obtain or retain a license
in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws.
E. For an audiologist:
1. Must meet one of the following educational requirements:
a. On or before, December 31, 2007, has graduated with a master's degree or
doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or
b. On or after, January 1, 2008, has graduated with a doctoral degree in
audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or
c. Has graduated from an audiology program that is housed in an institution
of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.
2. Has completed a supervised clinical practicum experience from an
accredited educational institution or its cooperating programs as required by the Commission;
3. Has successfully passed a national examination approved by the
Commission;
4. Holds an active, unencumbered license;
5. Has not been convicted or found guilty, and has not entered into an
agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law;
6. Has a valid United States Social Security number or a National
Practitioner Identification number.
F. For a speech-language pathologist:
1. Must meet one of the following educational requirements:
a. Has graduated with a master's degree from a speech-language pathology
program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board; or
b. Has graduated from a speech-language pathology program that is housed
in an institution of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.
2. Has completed a supervised clinical practicum experience from an
educational institution or its cooperating programs as required by the Commission;
3. Has completed a supervised postgraduate professional experience as
required by the Commission.
4. Has successfully passed a national examination approved by the
Commission;
5. Holds an active, unencumbered license;
6. Has not been convicted or found guilty, and has not entered into an
agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law;
7. Has a valid United States Social Security or a National Practitioner
Identification number.
G. The privilege to practice is derived from the home state license.
H. An audiologist or a speech-language pathologist practicing in a member
state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided.
I. Individuals not residing in a member state shall continue to be able to
apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license.
J. Member states may charge a fee for granting a compact privilege.
K. Member states must comply with the bylaws and rules and regulations of
the Commission.
SECTION 4
COMPACT PRIVILEGE
A. To exercise the compact privilege under the terms and provisions of the
Compact, the audiologist or speech-language pathologist shall:
1. Hold an active license in the home state;
2. Have no encumbrance on any state license;
3. Be eligible for a compact privilege in any member state in accordance with
Section 3;
4. Have not had any adverse action against any license or compact privilege
within the previous two (2) years from date of application;
5. Notify the Commission that the licensee is seeking the compact privilege
within a remote state(s);
6. Pay any applicable fees, including any state fee, for the compact privilege;
7. Report to the Commission adverse action taken by any non-member state
within thirty (30) days from the date the adverse action is taken.
B. For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one home state license at a time.
C. Except as provided in Section 6, if an audiologist or speech-language
pathologist changes primary state of residence by moving between two-member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Commission.
D. The audiologist or speech-language pathologist may apply for licensure in
advance of a change in primary state of residence.
E. A license shall not be issued by the new home state until the audiologist
or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.
F. If an audiologist or speech-language pathologist changes primary state of
residence by moving from a member state to a non-member state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state.
G. The compact privilege is valid until the expiration date of the home state
license. The licensee must comply with the requirements of Section 4A to maintain the compact privilege in the remote state.
H. A licensee providing audiology or speech-language pathology services in
a remote state under the compact privilege shall function within the laws and regulations of the remote state.
I. A licensee providing audiology or speech-language pathology services in a
remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens.
J. If a home state license is encumbered, the licensee shall lose the compact
privilege in any remote state until the following occurs:
1. The home state license is no longer encumbered; and
2. Two years have elapsed from the date of the adverse action.
K. Once an encumbered license in the home state is restored to good
standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.
L. Once the requirements of Section 4J have been met, the licensee must
meet the requirements in Section 4A to obtain a compact privilege in a remote state.
SECTION 5
COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with Section 3 and
under rules promulgated by the Commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.
SECTION 6
ACTIVE DUTY MILITARY PERSONNEL
OR THEIR SPOUSES
Active duty military personnel, or their spouse, shall designate a home state
where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.
SECTION 7
ADVERSE ACTIONS
A. In addition to the other powers conferred by state law, a remote state
shall have the authority, in accordance with existing state due process law, to:
1. Take adverse action against an audiologist's or speech-language
pathologist's privilege to practice within that member state.
2. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
3. Only the home state shall have the power to take adverse action against
an audiologist's or a speech-language pathologist's license issued by the home state.
B. For purposes of taking adverse action, the home state shall give the same
priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In doing so, the home state shall apply its own state laws to determine appropriate action.
C. The home state shall complete any pending investigations of an
audiologist or a speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.
D. If otherwise permitted by state law, the member state may recover from
the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.
E. The member state may take adverse action based on the factual findings
of the remote state, provided that the member state follows the member state's own procedures for taking the adverse action.
F. Joint Investigations
1. In addition to the authority granted to a member state by its respective
audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
2. Member states shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under the Compact.
G. If adverse action is taken by the home state against an audiologist's or
speech-language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or a speech language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order.
H. If a member state takes adverse action, it shall promptly notify the
administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.
I. Nothing in this Compact shall override a member state's decision that
participation in an alternative program may be used in lieu of adverse action.
SECTION 8
ESTABLISHMENT OF AUDIOLOGY AND
SPEECH-LANGUAGE PATHOLOGY
COMPACT COMMISSION
A. The Compact member states hereby create and establish a joint public
agency known as the Audiology and Speech-Language Pathology Compact Commission:
1. The Commission is an instrumentality of the Compact states.
2. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity.
B. Membership, Voting, and Meetings
1. Each member state shall have two (2) delegates selected by that member
state's licensing board. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist.
2. An additional five (5) delegates, who are either a public member or board
administrator from a state licensing board, shall be chosen by the Executive Committee from a pool of nominees provided by the Commission at Large.
3. Any delegate may be removed or suspended from office as provided by
the law of the state from which the delegate is appointed.
4. The member state board shall fill any vacancy occurring on the
Commission, within ninety (90) days.
5. Each delegate shall be entitled to one (1) vote with regard to the
promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
6. A delegate shall vote in person or by other means as provided in the
bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
7. The Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the bylaws.
C. The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Establish a Code of Ethics;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take actions as are consistent with the provisions of this
Compact and the bylaws;
6. Promulgate uniform rules to facilitate and coordinate implementation and
administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;
7. Bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a member state;
10. Hire employees, elect or appoint officers, fix compensation, define duties,
grant individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
11. Accept any and all appropriate donations and grants of money,
equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
12. Lease, purchase, accept appropriate gifts or donations of, or otherwise to
own, hold, improve, or use any real, personal, or mixed property; provided that at all times the Commission shall avoid any appearance of impropriety;
13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal, or mixed;
14. Establish a budget and make expenditures;
15. Borrow money;
16. Appoint committees, including standing committees composed of
members, and other interested persons as may be designated in this Compact and the bylaws;
17. Provide and receive information from, and cooperate with, law
enforcement agencies;
18. Establish and elect an Executive Committee; and
19. Perform other functions as may be necessary or appropriate to achieve
the purposes of this Compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.
D. The Executive Committee
The Executive Committee shall have the power to act on behalf of the
Commission according to the terms of this Compact:
1. The Executive Committee shall be composed of ten (10) members:
a. Seven (7) voting members who are elected by the Commission from the
current membership of the Commission;
b. Two (2) ex-officios, consisting of one nonvoting member from a recognized
national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; and
c. One (1) ex-officio, nonvoting member from the recognized membership
organization of the audiology and speech-language pathology licensing boards.
E. The ex-officio members shall be selected by their respective
organizations.
1. The Commission may remove any member of the Executive Committee as
provided in bylaws.
2. The Executive Committee shall meet at least annually.
3. The Executive Committee shall have the following duties and
responsibilities:
a. Recommend to the entire Commission changes to the rules or bylaws,
changes to this Compact's legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;
b. Ensure Compact administration services are appropriately provided,
contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of member states and provide compliance
reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in rules or bylaws.
4. Meetings of the Commission
All meetings shall be open to the public, and public notice of meetings shall
be given in the same manner as required under the rulemaking provisions in Section 10.
5. The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, non-public meeting if the Commission or the Executive Committee or other committees of the Commission must discuss:
a. Noncompliance of a member state with its obligations under the Compact;
b. The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement
purposes;
i. Disclosure of information related to any investigative reports prepared by
or on behalf of or for use by the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal or member state
statute.
6. If a meeting, or portion of a meeting, is closed pursuant to this provision,
the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
7. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
8. Financing of the Commission
a. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
b. The Commission may accept any and all appropriate revenue sources,
donations, and grants of money, equipment, supplies, materials, and services.
c. The Commission may levy on and collect an annual assessment from each
member state or impose fees on other parties to cover the costs of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.
9. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.
10. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
F. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees, and representatives
of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, executive director,
employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the Commission for the amount of any settlement or judgement obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 9
DATA SYSTEM
A. The Commission shall provide for the development, maintenance, and
utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
B. Notwithstanding any other provision of state law to the contrary, a
member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license or compact privilege;
4. Non-confidential information related to alternative program participation;
5. Any denial of application for licensure, and the reason(s) for denial; and
6. Other information that may facilitate the administration of this Compact,
as determined by the rules of the Commission.
C. Investigative information pertaining to a licensee in any member state
shall only be available to other member states.
D. The Commission shall promptly notify all member states of any adverse
action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.
E. Member states contributing information to the data system may designate
information that may not be shared with the public without the express permission of the contributing state.
F. Any information submitted to the data system that is subsequently
required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
SECTION 10
RULEMAKING
A. The Commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
B. If a majority of the legislatures of the member states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the rule, the rule shall have no further force and effect in any member state.
C. Rules or amendments to the rules shall be adopted at a regular or special
meeting of the Commission.
D. Prior to promulgation and adoption of a final rule or rules by the
Commission, and at least thirty (30) days in advance of the meeting at which the rule shall be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform;
and
2. On the website of each member state audiology or speech-language
pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
E. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the rule
shall be considered and voted upon;
2. The text of the proposed rule or amendment and the reason for the
proposed rule;
3. A request for comments on the proposed rule from any interested person;
and
4. The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing and any written comments.
F. Prior to the adoption of a proposed rule, the Commission shall allow
persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
G. The Commission shall grant an opportunity for a public hearing before it
adopts a rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A state or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
H. If a hearing is held on the proposed rule or amendment, the Commission
shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive
director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who
wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings shall be recorded. A copy of the recording shall be made
available on request.
4. Nothing in this Section shall be construed as requiring a separate hearing
on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this Section.
I. Following the scheduled hearing date, or by close of business on the
scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
J. If no written notice of intent to attend the public hearing by interested
parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.
K. The Commission shall, by majority vote of all members, take final action
on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
L. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or member state funds; or
3. Meet a deadline for the promulgation of an administrative rule that is
established by federal law or rule.
M. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
SECTION 11
OVERSIGHT, DISPUTE RESOLUTION,
AND ENFORCEMENT
A. Dispute Resolution
1. Upon request by a member state, the Commission shall attempt to resolve
disputes related to the Compact that arise among member states and between member and non-member states.
2. The Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
B. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United
States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal or state law.
SECTION 12
DATE OF IMPLEMENTATION OF THE INTERSTATE
COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE
PATHOLOGY PRACTICE AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact
statute is enacted into law in the tenth (10th) member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.
B. Any state that joins the Compact subsequent to the Commission's initial
adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.
C. Any member state may withdraw from this Compact by enacting a statute
repealing the same.
1. A member state's withdrawal shall not take effect until six (6) months
after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing
state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or
prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.
E. This Compact may be amended by the member states. No amendment to
this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 13
CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
SECTION 14
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Nothing herein prevents the enforcement of any other law of a member
state that is not inconsistent with the Compact.
B. All laws in a member state in conflict with the Compact are superseded to
the extent of the conflict.
C. All lawful actions of the Commission, including all rules and bylaws
promulgated by the Commission, are binding upon the member states.
D. All agreements between the Commission and the member states are
binding in accordance with their terms.
E. In the event any provision of the Compact exceeds the constitutional
limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Source: L. 2021: Entire part added, (SB 21-021), ch. 194, p. 1019, � 1, effective
September 7.
C.R.S. § 24-60-4302
24-60-4302. Compact approved and ratified. The general assembly hereby approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado and any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
SECTION 1.
PURPOSE
The purpose of this Compact is to facilitate interstate practice of Licensed
Professional Counselors with the goal of improving public access to Professional Counseling services. The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to Professional Counseling services by providing
for the mutual recognition of other Member State licenses;
B. Enhance the States' ability to protect the public's health and safety;
C. Encourage the cooperation of Member States in regulating multistate
practice for Licensed Professional Counselors;
D. Support spouses of relocating Active Duty Military personnel;
E. Enhance the exchange of licensure, investigative, and disciplinary
information among Member States;
F. Allow for the use of Telehealth technology to facilitate increased access
to Professional Counseling services;
G. Support the uniformity of Professional Counseling licensure requirements
throughout the States to promote public safety and public health benefits;
H. Invest all Member States with the authority to hold a Licensed
Professional Counselor accountable for meeting all State practice laws in the State in which the client is located at the time care is rendered through the mutual recognition of Member State licenses;
I. Eliminate the necessity for licenses in multiple States; and
J. Provide opportunities for interstate practice by Licensed Professional
Counselors who meet uniform licensure requirements.
SECTION 2.
DEFINITIONS
As used in this Compact, and except as otherwise provided, the following
definitions shall apply:
A. Active Duty Military means full-time duty status in the active uniformed
service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
B. Adverse Action means any administrative, civil, equitable, or criminal
action permitted by a State's laws which is imposed by a licensing board or other authority against a Licensed Professional Counselor, including actions against an individual's license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other Encumbrance on licensure affecting a Licensed Professional Counselor's authorization to practice, including issuance of a cease and desist action.
C. Alternative Program means a non-disciplinary monitoring or practice
remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners.
D. Continuing Competence/Education means a requirement, as a condition
of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work.
E. Counseling Compact Commission or Commission means the national
administrative body whose membership consists of all States that have enacted the Compact.
F. Current Significant Investigative Information means:
1. Investigative Information that a Licensing Board, after a preliminary inquiry
that includes notification and an opportunity for the Licensed Professional Counselor to respond, if required by State law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
2. Investigative Information that indicates that the Licensed Professional
Counselor represents an immediate threat to public health and safety regardless of whether the Licensed Professional Counselor has been notified and had an opportunity to respond.
G. Data System means a repository of information about Licensees,
including, but not limited to, continuing education, examination, licensure, investigative, Privilege to Practice, and Adverse Action information.
H. Encumbered License means a license in which an Adverse Action
restricts the practice of licensed Professional Counseling by the Licensee and said Adverse Action has been reported to the National Practitioners Data Bank (NPDB).
I. Encumbrance means a revocation or suspension of, or any limitation on,
the full and unrestricted practice of Licensed Professional Counseling by a Licensing Board.
J. Executive Committee means a group of directors elected or appointed to
act on behalf of, and within the powers granted to them by, the Commission.
K. Home State means the Member State that is the Licensee's primary
State of residence.
L. Impaired Practitioner means an individual who has a condition that may
impair their ability to practice as a Licensed Professional Counselor without some type of intervention and may include, but is not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
M. Investigative Information means information, records, and documents
received or generated by a Professional Counseling Licensing Board pursuant to an investigation.
N. Jurisprudence Requirement, if required by a Member State, means the
assessment of an individual's knowledge of the laws and Rules governing the practice of Professional Counseling in a State.
O. Licensed Professional Counselor means a counselor licensed by a
Member State, regardless of the title used by that State, to independently assess, diagnose, and treat behavioral health conditions.
P. Licensee means an individual who currently holds an authorization from
the State to practice as a Licensed Professional Counselor.
Q. Licensing Board means the agency of a State, or equivalent, that is
responsible for the licensing and regulation of Licensed Professional Counselors.
R. Member State means a State that has enacted the Compact.
S. Privilege to Practice means a legal authorization, which is equivalent to
a license, permitting the practice of Professional Counseling in a Remote State.
T. Professional Counseling means the assessment, diagnosis, and
treatment of behavioral health conditions by a Licensed Professional Counselor.
U. Remote State means a Member State other than the Home State, where
a Licensee is exercising or seeking to exercise the Privilege to Practice.
V. Rule means a regulation promulgated by the Commission that has the
force of law.
W. Single State License means a Licensed Professional Counselor license
issued by a Member State that authorizes practice only within the issuing State and does not include a Privilege to Practice in any other Member State.
X. State means any state, commonwealth, district, or territory of the United
States of America that regulates the practice of Professional Counseling.
Y. Telehealth means the application of telecommunication technology to
deliver Professional Counseling services remotely to assess, diagnose, and treat behavioral health conditions.
Z. Unencumbered License means a license that authorizes a Licensed
Professional Counselor to engage in the full and unrestricted practice of Professional Counseling.
SECTION 3.
STATE PARTICIPATION IN THE COMPACT
A. To Participate in the Compact, a State must currently:
1. License and regulate Licensed Professional Counselors;
2. Require Licensees to pass a nationally recognized exam approved by the
Commission;
3. Require Licensees to have a 60 semester-hour (or 90 quarter-hour)
master's degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work, including the following topic areas:
a. Professional Counseling Orientation and Ethical Practice;
b. Social and Cultural Diversity;
c. Human Growth and Development;
d. Career Development;
e. Counseling and Helping Relationships;
f. Group Counseling and Group Work;
g. Diagnosis and Treatment; Assessment and Testing;
h. Research and Program Evaluation; and
i. Other areas as determined by the Commission.
4. Require Licensees to complete a supervised postgraduate professional
experience as defined by the Commission;
5. Have a mechanism in place for receiving and investigating complaints
about Licensees.
B. A Member State shall:
1. Participate fully in the Commission's Data System, including using the
Commission's unique identifier as defined in Rules;
2. Notify the Commission, in compliance with the terms of the Compact and
Rules, of any Adverse Action or the availability of Investigative Information regarding a Licensee;
3. Implement or utilize procedures for considering the criminal history
records of applicants for an initial Privilege to Practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State's criminal records;
a. A member state must fully implement a criminal background check
requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions.
b. Communication between a Member State, the Commission, and among
Member States regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State under Public Law 92-544.
4. Comply with the Rules of the Commission;
5. Require an applicant to obtain or retain a license in the Home State and
meet the Home State's qualifications for licensure or renewal of licensure, as well as all other applicable State laws;
6. Grant the Privilege to Practice to a Licensee holding a valid
Unencumbered License in another Member State in accordance with the terms of the Compact and Rules; and
7. Provide for the attendance of the State's commissioner to the Counseling
Compact Commission meetings.
C. Member States may charge a fee for granting the Privilege to Practice.
D. Individuals not residing in a Member State shall continue to be able to
apply for a Member State's Single State License as provided under the laws of each Member State. However, the Single State License granted to these individuals shall not be recognized as granting a Privilege to Practice Professional Counseling in any other Member State.
E. Nothing in this Compact shall affect the requirements established by a
Member State for the issuance of a Single State License.
F. A license issued to a Licensed Professional Counselor by a Home State to
a resident in that State shall be recognized by each Member State as authorizing a Licensed Professional Counselor to practice Professional Counseling, under a Privilege to Practice in each Member State.
SECTION 4.
PRIVILEGE TO PRACTICE
A. To exercise the Privilege to Practice under the terms and provisions of the
Compact, the Licensee shall:
1. Hold a license in the Home State;
2. Have a valid United States Social Security Number or National
Practitioner Identifier;
3. Be eligible for a Privilege to Practice in any Member State in accordance
with Section 4(D), (G), and (H);
4. Have not had any Encumbrance or restriction against any license or
Privilege to Practice within the previous two (2) years;
5. Notify the Commission that the Licensee is seeking the Privilege to
Practice within a Remote State(s);
6. Pay any applicable fees, including any State fee, for the Privilege to
Practice;
7. Meet any Continuing Competence/Education requirements established by
the Home State;
8. Meet any Jurisprudence Requirements established by the Remote State(s)
in which the Licensee is seeking a Privilege to Practice; and
9. Report to the Commission any Adverse Action, Encumbrance, or
restriction on license taken by any non-Member State within 30 days from the date the action is taken.
B. The Privilege to Practice is valid until the expiration date of the Home
State license. The Licensee must comply with the requirements of Section 4(A) to maintain the Privilege to Practice in the Remote State.
C. A Licensee providing Professional Counseling in a Remote State under the
Privilege to Practice shall adhere to the laws and regulations of the Remote State.
D. A Licensee providing Professional Counseling services in a Remote State
is subject to that State's regulatory authority. A Remote State may, in accordance with due process and that State's laws, remove a Licensee's Privilege to Practice in the Remote State for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. The Licensee may be ineligible for a Privilege to Practice in any Member State until the specific time for removal has passed and all fines are paid.
E. If a Home State license is encumbered, the Licensee shall lose the
Privilege to Practice in any Remote State until the following occur:
1. The Home State license is no longer encumbered; and
2. The licensee has not had any Encumbrance or restriction against any
license or Privilege to Practice within the previous two (2) years.
F. Once an Encumbered License in the Home State is restored to good
standing, the Licensee must meet the requirements of Section 4(A) to obtain a Privilege to Practice in any Remote State.
G. If a Licensee's Privilege to Practice in any Remote State is removed, the
individual may lose the Privilege to Practice in all other Remote States until the following occur:
1. The specific period of time for which the Privilege to Practice was removed
has ended;
2. All fines have been paid; and
3. The licensee has not had any Encumbrance or restriction against any
license or Privilege to Practice within the previous two (2) years.
H. Once the requirements of Section 4(G) have been met, the Licensee must
meet the requirements in Section 4(A) to obtain a Privilege to Practice in a Remote State.
SECTION 5:
OBTAINING A NEW HOME STATE LICENSE
BASED ON A PRIVILEGE TO PRACTICE
A. A Licensed Professional Counselor may hold a Home State license, which
allows for a Privilege to Practice in other Member States, in only one Member State at a time.
B. If a Licensed Professional Counselor changes primary State of residence
by moving between two Member States:
1. The Licensed Professional Counselor shall file an application for obtaining
a new Home State license based on a Privilege to Practice, pay all applicable fees, and notify the current and new Home State in accordance with applicable Rules adopted by the Commission.
2. Upon receipt of an application for obtaining a new Home State license by
virtue of a Privilege to Practice, the new Home State shall verify that the Licensed Professional Counselor meets the pertinent criteria outlined in Section 4 via the Data System, without need for primary source verification except for:
a. A Federal Bureau of Investigation fingerprint based criminal background
check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Public Law 92-544;
b. Other criminal background check as required by the new Home State; and
c. Completion of any requisite Jurisprudence Requirements of the new Home
State.
3. The former Home State shall convert the former Home State license into a
Privilege to Practice once the new Home State has activated the new Home State license in accordance with applicable Rules adopted by the Commission.
4. Notwithstanding any other provision of this Compact, if the Licensed
Professional Counselor cannot meet the criteria in Section 4, the new Home State may apply its requirements for issuing a new Single State License.
5. The Licensed Professional Counselor shall pay all applicable fees to the
new Home State in order to be issued a new Home State license.
C. If a Licensed Professional Counselor changes Primary State of Residence
by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single State License in the new State.
D. Nothing in this Compact shall interfere with a Licensee's ability to hold a
Single State License in multiple States, however for the purposes of this Compact, a Licensee shall have only one Home State license.
E. Nothing in this Compact shall affect the requirements established by a
Member State for the issuance of a Single State License.
SECTION 6.
ACTIVE DUTY MILITARY PERSONNEL
OR THEIR SPOUSES
Active Duty Military personnel, or their spouse, shall designate a Home State
where the individual has a current license in good standing. The individual may retain the Home State designation during the period the service member is on active duty. Subsequent to designating a Home State, the individual shall only change their Home State through application for licensure in the new State, or through the process outlined in Section 5.
SECTION 7.
COMPACT PRIVILEGE TO PRACTICE TELEHEALTH
A. Member States shall recognize the right of a Licensed Professional
Counselor, licensed by a Home State in accordance with Section 3 and under Rules promulgated by the Commission, to practice Professional Counseling in any Member State via Telehealth under a Privilege to Practice as provided in the Compact and Rules promulgated by the Commission.
B. A Licensee providing Professional Counseling services in a Remote State
under the Privilege to Practice shall adhere to the laws and regulations of the Remote State.
SECTION 8.
ADVERSE ACTIONS
A. In addition to the other powers conferred by State law, a Remote State
shall have the authority, in accordance with existing State due process law, to:
1. Take Adverse Action against a Licensed Professional Counselor's Privilege
to Practice within that Member State, and
2. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence is located.
3. Only the Home State shall have the power to take Adverse Action against
a Licensed Professional Counselor's license issued by the Home State.
B. For purposes of taking Adverse Action, the Home State shall give the
same priority and effect to reported conduct received from a Member State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine appropriate action.
C. The Home State shall complete any pending investigations of a Licensed
Professional Counselor who changes primary State of residence during the course of the investigations. The Home State shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the Data System. The administrator of the coordinated licensure information system shall promptly notify the new Home State of any Adverse Actions.
D. A Member State, if otherwise permitted by State law, may recover from
the affected Licensed Professional Counselor the costs of investigations and dispositions of cases resulting from any Adverse Action taken against that Licensed Professional Counselor.
E. A Member State may take Adverse Action based on the factual findings of
the Remote State, provided that the Member State follows its own procedures for taking the Adverse Action.
F. Joint Investigations:
1. In addition to the authority granted to a Member State by its respective
Professional Counseling practice act or other applicable State law, any Member State may participate with other Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under the Compact.
G. If Adverse Action is taken by the Home State against the license of a
Licensed Professional Counselor, the Licensed Professional Counselor's Privilege to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from the State license. All Home State disciplinary orders that impose Adverse Action against the license of a Licensed Professional Counselor shall include a Statement that the Licensed Professional Counselor's Privilege to Practice is deactivated in all Member States during the pendency of the order.
H. If a Member State takes Adverse Action, it shall promptly notify the
administrator of the Data System. The administrator of the Data System shall promptly notify the Home State of any Adverse Actions by Remote States.
I. Nothing in this Compact shall override a Member State's decision that
participation in an Alternative Program may be used in lieu of Adverse Action.
SECTION 9.
ESTABLISHMENT OF COUNSELING
COMPACT COMMISSION
A. The Compact Member States hereby create and establish a joint public
agency known as the Counseling Compact Commission:
1. The Commission is an instrumentality of the Compact States.
2. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1) delegate selected
by that Member State's Licensing Board.
2. The delegate shall be either:
a. A current member of the Licensing Board at the time of appointment, who
is a Licensed Professional Counselor or public member; or
b. An administrator of the Licensing Board.
3. Any delegate may be removed or suspended from office as provided by
the law of the State from which the delegate is appointed.
4. The Member State Licensing Board shall fill any vacancy occurring on the
Commission within 60 days.
5. Each delegate shall be entitled to one (1) vote with regard to the
promulgation of Rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
6. A delegate shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.
7. The Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the bylaws.
8. The Commission shall by Rule establish a term of office for delegates and
may by Rule establish term limits.
C. The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with the bylaws;
4. Meet and take such actions as are consistent with the provisions of this
Compact and the bylaws;
5. Promulgate Rules which shall be binding to the extent and in the manner
provided for in the Compact;
6. Bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a Member State;
9. Hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
10. Accept any and all appropriate donations and grants of money,
equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to
own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees composed of
members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
16. Provide and receive information from, and cooperate with, law
enforcement agencies;
17. Establish and elect an Executive Committee; and
18. Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact consistent with the State regulation of Professional Counseling licensure and practice.
D. The Executive Committee
1. The Executive Committee shall have the power to act on behalf of the
Commission according to the terms of this Compact.
2. The Executive Committee shall be composed of up to eleven (11) members:
a. Seven voting members who are elected by the Commission from the
current membership of the Commission; and
b. Up to four (4) ex-officio, nonvoting members from four (4) recognized
national professional counselor organizations, selected by their respective organizations.
3. The Commission may remove any member of the Executive Committee as
provided in bylaws.
4. The Executive Committee shall meet at least annually.
5. The Executive Committee shall have the following duties and
responsibilities:
a. Recommend to the entire Commission changes to the Rules or bylaws,
changes to this Compact legislation, fees paid by Compact Member States such as annual dues, and any Commission Compact fee charged to Licensees for the Privilege to Practice;
b. Ensure Compact administration services are appropriately provided,
contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of Member States and provide compliance
reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in Rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public notice of meetings
shall be given in the same manner as required under the Rulemaking provisions in Section 11.
2. The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss:
a. Non-compliance of a Member State with its obligations under the
Compact;
b. The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement
purposes;
i. Disclosure of information related to any investigative reports prepared by
or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
j. Matters specifically exempted from disclosure by federal or Member State
statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this provision,
the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources,
donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each
Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Member States.
4. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees, and representatives
of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
2. The Commission shall defend any member, officer, executive director,
employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 10.
DATA SYSTEM
A. The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated database and reporting system containing licensure, Adverse Action, and Investigative Information on all licensed individuals in Member States.
B. Notwithstanding any other provision of State law to the contrary, a
Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license or Privilege to Practice;
4. Non-confidential information related to Alternative Program participation;
5. Any denial of application for licensure, and the reason(s) for such denial;
6. Current Significant Investigative Information; and
7. Other information that may facilitate the administration of this Compact,
as determined by the Rules of the Commission.
C. Investigative Information pertaining to a Licensee in any Member State
will only be available to other Member States.
D. The Commission shall promptly notify all Member States of any Adverse
Action taken against a Licensee or an individual applying for a license. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State.
E. Member States contributing information to the Data System may
designate information that may not be shared with the public without the express permission of the contributing State.
F. Any information submitted to the Data System that is subsequently
required to be expunged by the laws of the Member State contributing the information shall be removed from the Data System.
SECTION 11.
RULEMAKING
A. The Commission shall promulgate reasonable Rules in order to effectively
and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its Rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force or effect.
B. The Commission shall exercise its Rule-making powers pursuant to the
criteria set forth in this Section and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each Rule or amendment.
C. If a majority of the legislatures of the Member States rejects a Rule, by
enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.
D. Rules or amendments to the Rules shall be adopted at a regular or special
meeting of the Commission.
E. Prior to promulgation and adoption of a final Rule or Rules by the
Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rule-making:
1. On the website of the Commission or other publicly accessible platform;
and
2. On the website of each Member State Professional Counseling Licensing
Board or other publicly accessible platform or the publication in which each State would otherwise publish proposed Rules.
F. The Notice of Proposed Rule-making shall include:
1. The proposed time, date, and location of the meeting in which the Rule will
be considered and voted upon;
2. The text of the proposed Rule or amendment and the reason for the
proposed Rule;
3. A request for comments on the proposed Rule from any interested person;
and
4. The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing and any written comments.
G. Prior to adoption of a proposed Rule, the Commission shall allow persons
to submit written data, facts, opinions, and arguments, which shall be made available to the public.
H. The Commission shall grant an opportunity for a public hearing before it
adopts a Rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A State or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
I. If a hearing is held on the proposed Rule or amendment, the Commission
shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive
director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who
wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will be made
available on request.
4. Nothing in this section shall be construed as requiring a separate hearing
on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
J. Following the scheduled hearing date, or by the close of business on the
scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
K. If no written notice of intent to attend the public hearing by interested
parties is received, the Commission may proceed with promulgation of the proposed Rule without a public hearing.
L. The Commission shall, by majority vote of all members, take final action on
the proposed Rule and shall determine the effective date of the Rule, if any, based on the Rule-making record and the full text of the Rule.
M. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule without prior notice, opportunity for comment, or hearing, provided that the usual Rule-making procedures provided in the Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of an administrative Rule that is
established by federal law or Rule; or
4. Protect public health and safety.
N. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the executive director of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
SECTION 12.
OVERSIGHT, DISPUTE RESOLUTION,
AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches of State government in
each Member State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the Rules promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the Rules in any
judicial or administrative proceeding in a Member State pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such
proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State has defaulted in the
performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:
a. Provide written notice to the defaulting State and other Member States of
the nature of the default, the proposed means of curing the default, and any other action to be taken by the Commission; and
b. Provide remedial training and specific technical assistance regarding the
default.
C. If a State in default fails to cure the default, the defaulting State may be
terminated from the Compact upon an affirmative vote of a majority of the Member States, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
D. Termination of membership in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and each of the Member States.
E. A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
F. The Commission shall not bear any costs related to a State that is found to
be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.
G. The defaulting State may appeal the action of the Commission by
petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
H. Dispute Resolution
1. Upon request by a Member State, the Commission shall attempt to resolve
disputes related to the Compact that arise among Member States and between member and non-Member States.
2. The Commission shall promulgate a Rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
I. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and Rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United
States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a Member State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal or State law.
SECTION 13.
DATE OF IMPLEMENTATION OF THE COUNSELING
COMPACT COMMISSION AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact
statute is enacted into law in the tenth Member State. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and administration of the Compact.
B. Any State that joins the Compact subsequent to the Commission's initial
adoption of the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State.
C. Any Member State may withdraw from this Compact by enacting a statute
repealing the same.
1. A Member State's withdrawal shall not take effect until six (6) months
after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing
State's Professional Counseling Licensing Board to comply with the investigative and Adverse Action reporting requirements of this Compact prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or
prevent any Professional Counseling licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact.
E. This Compact may be amended by the Member States. No amendment to
this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.
SECTION 14.
CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any Member State or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.
SECTION 15.
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. A Licensee providing Professional Counseling se
C.R.S. § 24-60-4402
24-60-4402. Compact approved and ratified. The general assembly approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
ARTICLE I- PURPOSE
The purpose of this Compact is to facilitate the mobility of Teachers across
the Member States, with the goal of supporting Teachers through a new pathway to licensure. Through this Compact, the Member States seek to establish a collective regulatory framework that expedites and enhances the ability of Teachers to move across State lines. This Compact is intended to achieve the following objectives and should be interpreted accordingly. The Member States hereby ratify the same intentions by subscribing hereto.
A. Create a streamlined pathway to licensure mobility for Teachers;
B. Support the relocation of Eligible Military Spouses;
C. Facilitate and enhance the exchange of licensure, investigative, and
disciplinary information between the Member States;
D. Enhance the power of State and district level education officials to hire
qualified, competent Teachers by removing barriers to the employment of out-of-state Teachers;
E. Support the retention of Teachers in the profession by removing barriers
to relicensure in a new State; and
F. Maintain State sovereignty in the regulation of the teaching profession.
ARTICLE II- DEFINITIONS
As used in this Compact, and except as otherwise provided, the following
definitions shall govern the terms herein:
A. Active Military Member - means any person with full-time duty status in
the armed forces of the United States, including members of the National Guard and Reserve.
B. Adverse Action - means any limitation or restriction imposed by a
Member State's Licensing Authority, such as revocation, suspension, reprimand, probation, or limitation on the licensee's ability to work as a Teacher.
C. Bylaws - means those bylaws established by the Commission.
D. Career and Technical Education License - means a current, valid
authorization issued by a Member State's Licensing Authority allowing an individual to serve as a Teacher in P-12 public educational settings in a specific career and technical education area.
E. Charter Member States - means a Member State that has enacted
legislation to adopt this Compact where such legislation predates the initial meeting of the Commission after the effective date of the Compact.
F. Commission - means the interstate administrative body which
membership consists of delegates of all States that have enacted this Compact, and which is known as the Interstate Teacher Mobility Compact Commission.
G. Commissioner - means the delegate of a Member State.
H. Eligible License - means a license to engage in the teaching profession
which requires at least a bachelor's degree and the completion of a state approved program for Teacher licensure.
I. Eligible Military Spouse - means the spouse of any individual in full-time
duty status in the active armed forces of the United States including members of the National Guard and Reserve moving as a result of a military mission or military career progression requirements or are on their terminal move as a result of separation or retirement (to include surviving spouses of deceased military members).
J. Executive Committee - means a group of Commissioners elected or
appointed to act on behalf of, and within the powers granted to them by, the Commission as provided for herein.
K. Licensing Authority - means an official, agency, board, or other entity of
a State that is responsible for the licensing and regulation of Teachers authorized to teach in P-12 public educational settings.
L. Member State - means any State that has adopted this Compact,
including all agencies and officials of such a State.
M. Receiving State - means any State where a Teacher has applied for
licensure under this Compact.
N. Rule - means any regulation promulgated by the Commission under this
Compact, which shall have the force of law in each Member State.
O. State - means a state, territory, or possession of the United States, and
the District of Columbia.
P. State Practice Laws - means a Member State's laws, Rules, and
regulations that govern the teaching profession, define the scope of such profession, and create the methods and grounds for imposing discipline.
Q. State Specific Requirements - means a requirement for licensure
covered in coursework or examination that includes content of unique interest to the State.
R. Teacher - means an individual who currently holds an authorization from
a Member State that forms the basis for employment in the P-12 public schools of the State to provide instruction in a specific subject area, grade level, or student population.
S. Unencumbered License - means a current, valid authorization issued by
a Member State's Licensing Authority allowing an individual to serve as a Teacher in P-12 public educational settings. An Unencumbered License is not a restricted, probationary, provisional, substitute, or temporary credential.
ARTICLE III- LICENSURE UNDER THE COMPACT
A. Licensure under this Compact pertains only to the initial grant of a license
by the Receiving State. Nothing herein applies to any subsequent or ongoing compliance requirements that a Receiving State might require for Teachers.
B. Each Member State shall, in accordance with the Rules of the
Commission, define, compile, and update as necessary, a list of Eligible Licenses and Career and Technical Education Licenses that the Member State is willing to consider for equivalency under this Compact and provide the list to the Commission. The list shall include those licenses that a Receiving State is willing to grant to Teachers from other Member States, pending a determination of equivalency by the Receiving State's Licensing Authority.
C. Upon the receipt of an application for licensure by a Teacher holding an
Unencumbered Eligible License, the Receiving State shall determine which of the Receiving State's Eligible Licenses the Teacher is qualified to hold and shall grant such a license or licenses to the applicant. Such a determination shall be made in the sole discretion of the Receiving State's Licensing Authority and may include a determination that the applicant is not eligible for any of the Receiving State's Eligible Licenses. For all Teachers who hold an Unencumbered License, the Receiving State shall grant one or more Unencumbered License(s) that, in the Receiving State's sole discretion, are equivalent to the license(s) held by the Teacher in any other Member State.
D. For Active Military Members and Eligible Military Spouses who hold a
license that is not Unencumbered, the Receiving State shall grant an equivalent license or licenses that, in the Receiving State's sole discretion, is equivalent to the license or licenses held by the Teacher in any other Member State, except where the Receiving State does not have an equivalent license.
E. For a Teacher holding an Unencumbered Career and Technical Education
License, the Receiving State shall grant an Unencumbered License equivalent to the Career and Technical Education License held by the applying Teacher and issued by another Member State, as determined by the Receiving State in its sole discretion, except where a Career and Technical Education Teacher does not hold a bachelor's degree and the Receiving State requires a bachelor's degree for licenses to teach Career and Technical Education. A Receiving State may require Career and Technical Education Teachers to meet State industry recognized requirements, if required by law in the Receiving State.
ARTICLE IV- LICENSURE NOT UNDER THE COMPACT
A. Except as provided in Article III above, nothing in this Compact shall be
construed to limit or inhibit the power of a Member State to regulate licensure or endorsements overseen by the Member State's Licensing Authority.
B. When a Teacher is required to renew a license received pursuant to this
Compact, the State granting such a license may require the Teacher to complete State Specific Requirements as a condition of licensure renewal or advancement in that State.
C. For the purposes of determining compensation, a Receiving State may
require additional information from Teachers receiving a license under the provisions of this Compact.
D. Nothing in this Compact shall be construed to limit the power of a
Member State to control and maintain ownership of its information pertaining to Teachers, or limit the application of a Member State's laws or regulations governing the ownership, use, or dissemination of information pertaining to Teachers.
E. Nothing in this Compact shall be construed to invalidate or alter any
existing agreement or other cooperative arrangement which a Member State may already be a party to, or limit the ability of a Member State to participate in any future agreement or other cooperative arrangement to:
1. Award teaching licenses or other benefits based on additional professional
credentials, including, but not limited to, National Board Certification;
2. Participate in the exchange of names of Teachers whose license has been
subject to an Adverse Action by a Member State; or
3. Participate in any agreement or cooperative arrangement with a non-Member State.
ARTICLE V- TEACHER QUALIFICATIONS AND
REQUIREMENTS FOR LICENSURE UNDER THE COMPACT
A. Except as provided for Active Military Members or Eligible Military
Spouses in Article III.D above, a Teacher may only be eligible to receive a license under this Compact where that Teacher holds an Unencumbered License in a Member State.
B. A Teacher eligible to receive a license under this Compact shall, unless
otherwise provided for herein:
1. Upon their application to receive a license under this Compact, undergo a
criminal background check in the Receiving State in accordance with the laws and regulations of the Receiving State; and
2. Provide the Receiving State with information in addition to the information
required for licensure for the purposes of determining compensation, if applicable.
ARTICLE VI- DISCIPLINE / ADVERSE ACTIONS
A. Nothing in this Compact shall be deemed or construed to limit the
authority of a Member State to investigate or impose disciplinary measures on Teachers according to the State Practice Laws thereof.
B. Member States shall be authorized to receive, and shall provide, files and
information regarding the investigation and discipline, if any, of Teachers in other Member States upon request. Any Member State receiving such information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another Member State, the disclosing state shall communicate its intention and purpose for such disclosure to the Member State which originally provided that information.
ARTICLE VII- ESTABLISHMENT OF THE INTERSTATE
TEACHER MOBILITY COMPACT COMMISSION
A. The interstate compact Member States hereby create and establish a joint
public agency known as the Interstate Teacher Mobility Compact Commission:
1. The Commission is a joint interstate governmental agency comprised of
States that have enacted the Interstate Teacher Mobility Compact.
2. Nothing in this interstate compact shall be construed to be a waiver of
sovereign immunity.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1) delegate to the
Commission, who shall be given the title of Commissioner.
2. The Commissioner shall be the primary administrative officer of the State
Licensing Authority or their designee.
3. Any Commissioner may be removed or suspended from office as provided
by the law of the State from which the Commissioner is appointed.
4. The Member State shall fill any vacancy occurring in the Commission
within ninety (90) days.
5. Each Commissioner shall be entitled to one (1) vote about the
promulgation of Rules and creation of Bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the Bylaws. The Bylaws may provide for Commissioners' participation in meetings by telephone or other means of communication.
6. The Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the Bylaws.
7. The Commission shall establish by Rule a term of office for
Commissioners.
C. The Commission shall have the following powers and duties:
1. Establish a Code of Ethics for the Commission.
2. Establish the fiscal year of the Commission.
3. Establish Bylaws for the Commission.
4. Maintain its financial records in accordance with the Bylaws of the
Commission.
5. Meet and take such actions as are consistent with the provisions of this
interstate compact, the Bylaws, and Rules of the Commission.
6. Promulgate uniform Rules to implement and administer this interstate
compact. The Rules shall have the force and effect of law and shall be binding in all Member States. In the event the Commission exercises its Rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law.
7. Bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any Member State Licensing Authority to sue or be sued under applicable law shall not be affected.
8. Purchase and maintain insurance and bonds.
9. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a Member State, or an associated non-governmental organization that is open to membership by all states.
10. Hire employees, elect, or appoint officers, fix compensation, define
duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise
own, hold, improve, or use, any property, real, personal or mixed, provided that at all times the Commission shall avoid any appearance of impropriety.
12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property real, personal, or mixed.
13. Establish a budget and make expenditures.
14. Borrow money.
15. Appoint committees, including standing committees composed of
members and such other interested persons as may be designated in this interstate compact, Rules, or Bylaws.
16. Provide and receive information from, and cooperate with, law
enforcement agencies.
17. Establish and elect an Executive Committee.
18. Establish and develop a charter for an Executive Information Governance
Committee to advise on facilitating exchange of information; use of information, data privacy, and technical support needs, and provide reports as needed.
19. Perform such other functions as may be necessary or appropriate to
achieve the purposes of this interstate compact consistent with the State regulation of Teacher licensure.
20. Determine whether a State's adopted language is materially different
from the model compact language such that the State would not qualify for participation in the Compact.
D. The Executive Committee of the Interstate Teacher Mobility Compact
Commission
1. The Executive Committee shall have the power to act on behalf of the
Commission according to the terms of this interstate compact.
2. The Executive Committee shall be composed of eight voting members:
a. The Commission chair, vice chair, and treasurer; and
b. Five members who are elected by the Commission from the current
membership:
i. Four voting members representing geographic regions in accordance with
Commission Rules; and
ii. One at large voting member in accordance with Commission Rules.
3. The Commission may add or remove members of the Executive Committee
as provided in Commission Rules.
4. The Executive Committee shall meet at least once annually.
5. The Executive Committee shall have the following duties and
responsibilities:
a. Recommend to the entire Commission changes to the Rules or Bylaws,
changes to the Compact legislation, fees paid by interstate compact Member States such as annual dues, and any Compact fee charged by the Member States on behalf of the Commission.
b. Ensure Commission administration services are appropriately provided,
contractual or otherwise.
c. Prepare and recommend the budget.
d. Maintain financial records on behalf of the Commission.
e. Monitor compliance of Member States and provide reports to the
Commission.
f. Perform other duties as provided in Rules or Bylaws.
6. Meetings of the Commission
a. All meetings shall be open to the public, and public notice of meetings
shall be given in accordance with Commission Bylaws.
b. The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss:
i. Non-compliance of a Member State with its obligations under the Compact.
ii. The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures.
iii. Current, threatened, or reasonably anticipated litigation.
iv. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate.
v. Accusing any person of a crime or formally censuring any person.
vi. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential.
vii. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy.
viii. Disclosure of investigative records compiled for law enforcement
purposes.
ix. Disclosure of information related to any investigative reports prepared by
or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact.
x. Matters specifically exempted from disclosure by federal or Member
State statute.
xi. Other matters as set forth by Commission Bylaws and Rules.
c. If a meeting, or portion of a meeting, is closed pursuant to this provision,
the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
d. The Commission shall keep minutes of Commission meetings and shall
provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
7. Financing of the Commission
a. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
b. The Commission may accept all appropriate donations and grants of
money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest.
c. The Commission may levy on and collect an annual assessment from each
Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission, in accordance with the Commission Rules.
d. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.
e. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to accounting procedures established under Commission Bylaws. All receipts and disbursements of funds of the Commission shall be reviewed annually in accordance with Commission Bylaws, and a report of the review shall be included in and become part of the annual report of the Commission.
8. Qualified Immunity, Defense, and Indemnification
a. The members, officers, executive director, employees, and representatives
of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
b. The Commission shall defend any member, officer, executive director,
employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
c. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
ARTICLE VIII- RULEMAKING
A. The Commission shall exercise its Rulemaking powers pursuant to the
criteria set forth in this interstate compact and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each Rule or amendment.
B. The Commission shall promulgate reasonable Rules to achieve the intent
and purpose of this interstate compact. In the event the Commission exercises its Rulemaking authority in a manner that is beyond purpose and intent of this interstate compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect of law in the Member States.
C. If a majority of the legislatures of the Member States rejects a Rule, by
enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.
D. Rules or amendments to the Rules shall be adopted or ratified at a regular
or special meeting of the Commission in accordance with Commission Rules and Bylaws.
E. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule with forty-eight (48) hours' notice, with opportunity to comment, provided that the usual Rulemaking procedures shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare.
2. Prevent a loss of Commission or Member State funds.
3. Meet a deadline for the promulgation of an administrative Rule that is
established by federal law or Rule; or
4. Protect public health and safety.
ARTICLE IX- FACILITATING INFORMATION EXCHANGE
A. The Commission shall provide for facilitating the exchange of information
to administer and implement the provisions of this Compact in accordance with the Rules of the Commission, consistent with generally accepted data protection principles.
B. Nothing in this Compact shall be deemed or construed to alter, limit, or
inhibit the power of a Member State to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing licensee information in the Member State.
ARTICLE X- OVERSIGHT, DISPUTE RESOLUTION, AND
ENFORCEMENT
A. Oversight
1. The executive and judicial branches of State government in each Member
State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact shall have standing as statutory law.
2. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
3. All courts and all administrative agencies shall take judicial notice of the
Compact, the Rules of the Commission, and any information provided to a Member State pursuant thereto in any judicial or quasi-judicial proceeding in a Member State pertaining to the subject matter of this Compact, or which may affect the powers, responsibilities, or actions of the Commission.
4. The Commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State has defaulted in the
performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:
a. Provide written notice to the defaulting State and other Member States of
the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission; and
b. Provide remedial training and specific technical assistance regarding the
default.
2. If a State in default fails to cure the default, the defaulting State may be
terminated from the Compact upon an affirmative vote of a majority of the Commissioners of the Member States, and all rights, privileges, and benefits conferred on that State by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
3. Termination of membership in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, the State Licensing Authority, and each of the Member States.
4. A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a State that is found to
be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.
6. The defaulting State may appeal the action of the Commission by
petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
C. Dispute Resolution
1. Upon request by a Member State, the Commission shall attempt to resolve
disputes related to the Compact that arise among Member States and between Member and non-Member States.
2. The Commission shall promulgate a Rule providing for both binding and
non-binding alternative dispute resolution for disputes as appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and Rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United
States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a Member State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and Bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.
ARTICLE XI- EFFECTUATION, WITHDRAWAL,
AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact
statute is enacted into law in the tenth Member State.
1. On or after the effective date of the Compact, the Commission shall
convene and review the enactment of each of the Charter Member States to determine if the statute enacted by each such Charter Member State is materially different from the model Compact statute.
2. A Charter Member State whose enactment is found to be materially
different from the model Compact statute shall be entitled to the default process set forth in Article X.
3. Member States enacting the Compact subsequent to the Charter Member
States shall be subject to the process set forth in Article VII.C.20 to determine if their enactments are materially different from the model Compact statute and whether they qualify for participation in the Compact.
B. If any Member State is later found to be in default, or is terminated or
withdraws from the Compact, the Commission shall remain in existence and the Compact shall remain in effect even if the number of Member States should be less than ten.
C. Any State that joins the Compact after the Commission's initial adoption
of the Rules and Bylaws shall be subject to the Rules and Bylaws as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State, as the Rules and Bylaws may be amended as provided in this Compact.
D. Any Member State may withdraw from this Compact by enacting a statute
repealing the same.
1. A Member State's withdrawal shall not take effect until six (6) months
after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing
State's Licensing Authority to comply with the investigative and Adverse Action reporting requirements of this act prior to the effective date of withdrawal.
E. This Compact may be amended by the Member States. No amendment to
this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.
ARTICLE XII- CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed to effectuate the purposes thereof.
The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any Member State or a State seeking membership in the Compact, or of the United States or the applicability thereof to any other government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.
ARTICLE XIII- CONSISTENT EFFECT AND
CONFLICT WITH OTHER STATE LAWS
A. Nothing herein shall prevent or inhibit the enforcement of any other law of
a Member State that is not inconsistent with the Compact.
B. Any laws, statutes, regulations, or other legal requirements in a Member
State in conflict with the Compact are superseded to the extent of the conflict.
C. All permissible agreements between the Commission and the Member
States are binding in accordance with their terms.
Source: L. 2023: Entire part added, (HB 23-1064), ch. 18, p. 54, � 1, effective
August 7.
C.R.S. § 24-60-4501
24-60-4501. Compact approved and ratified. The general assembly hereby approves and ratifies, and the governor is authorized to enter into, a compact on behalf of the state of Colorado with any of the United States or other jurisdictions legally joining therein in the form substantially as follows:
SECTION 1
PURPOSE
The purpose of the Compact is to facilitate the interstate practice of school
psychology in educational or school settings, and in doing so improve the availability of school psychological services to the public. This Compact is intended to establish a pathway to allow school psychologists to obtain equivalent licenses to provide school psychological services in any member state. In this way, this Compact enables the member states to ensure that safe and effective school psychological services are available and delivered by appropriately qualified professionals in their educational settings.
To facilitate the objectives described above, this Compact:
A. Enables school psychologists who qualify for receipt of an equivalent
license to practice in other member states without first satisfying burdensome and duplicative requirements;
B. Promotes the mobility of school psychologists between and among the
member states in order to address workforce shortages and to ensure that safe and reliable school psychological services are available in each member state;
C. Enhances the public accessibility of school psychological services by
increasing the availability of qualified, licensed school psychologists through the establishment of an efficient and streamlined pathway for licensees to practice in other member states;
D. Preserves and respects the authority of each member state to protect the
health and safety of its residents by ensuring that only qualified, licensed professionals are authorized to provide school psychological services within that state;
E. Requires school psychologists practicing within a member state to comply
with the scope of practice laws present in the state where the school psychological services are being provided;
F. Promotes cooperation between the member states in regulating the
practice of school psychology within those states; and
G. Facilitates the relocation of military members and their spouses who are
licensed to provide school psychological services.
SECTION 2
DEFINITIONS
As used in this Compact, and except as otherwise provided, the following
definitions shall apply:
A. Active military member means any person with full-time duty status in
the armed forces of the United States, including members of the National Guard and Reserve.
B. Adverse action means a disciplinary action or encumbrance imposed on
a licensee by a state licensing authority.
C. Alternative program means a non-disciplinary, prosecutorial diversion,
monitoring, or practice remediation process entered into in lieu of an adverse action that is applicable to a school psychologist and approved by the state licensing authority of a member state in which the participating school psychologist is licensed. This includes, but is not limited to, programs to which licensees with substance abuse or addiction issues may be referred in lieu of an adverse action.
D. Commissioner means the individual appointed by a member state to
serve as the representative to the commission for that member state.
E. Compact means this school psychologist licensure interstate compact.
F. Continuing professional education means a requirement, imposed by a
member state as a condition of license renewal, to provide evidence of successful participation in professional educational activities relevant to the provision of school psychological services.
G. Criminal background check means the submission of fingerprints or
other biometric information by a license applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 CFR 20.3(d), and the state's criminal history record repository, as defined in 28 CFR 20.3(f).
H. Doctoral level degree means a graduate degree program that consists
of at least ninety graduate semester hours in the field of school psychology, including a supervised internship.
I. Encumbered license means a license that a state licensing authority has
limited in any way other than through an alternative program, including temporary or provisional licenses.
J. Equivalent license means a license to practice school psychology that a
member state has identified as a license that may be provided to school psychologists from other member states pursuant to this Compact.
K. Executive committee means the commission's chair, vice-chair,
secretary, and treasurer and any other commissioners as may be determined by commission rule or bylaw.
L. Home state means the member state that issued the home state license
to the licensee and is the licensee's primary state of practice.
M. Home state license means the license that is not an encumbered license
issued by the home state to provide school psychological services.
N. License means the current license, certification, or other authorization
granted by a member state's licensing authority that permits an individual to provide school psychological services.
O. Licensee means an individual who holds a license from a member state
to provide school psychological services.
P. Licensing authority means a member state's regulatory body
responsible for issuing licenses or otherwise overseeing the practice of school psychology.
Q. Member state means a state that has enacted the Compact and has
been admitted to the commission in accordance with the provisions herein and the commission rules.
R. Model compact means the model language for the school psychologist
licensure interstate compact on file with the council of state governments or other entity as designated by the commission.
S. Practice of school psychology means the delivery of school
psychological services.
T. Qualifying national exam means a national licensing examination
endorsed by the national association of school psychologists and any other exam as approved by commission rules.
U. Qualifying school psychologist education program means an education
program that awards a specialist-level or doctoral-level degree or equivalent upon completion and is approved by commission rules as meeting the necessary minimum educational standards to ensure that its graduates are ready, qualified, and able to engage in the practice of school psychology.
V. Remote state means a member state other than the home state where a
licensee holds a license through the Compact.
W. Rule means a regulation promulgated by an entity, including, but not
limited to, the commission and the state licensing authority of each member state, that has the force of law.
X. School psychologist means an individual who has met the requirements
to obtain a home state license that legally conveys the professional title of school psychologist, or its equivalent, as determined by commission rules.
Y. School psychologist licensure interstate compact commission or
commission means the joint government agency established by this Compact whose membership consists of representatives from each member state that has enacted the Compact and as further described in Section 7.
Z. School psychological services means academic, mental, and behavioral
health services, including assessment, prevention, consultation, and collaboration; intervention; and evaluation, provided by a school psychologist in a school, as outlined in applicable professional standards as determined by commission rule.
AA. Scope of practice means the procedures, actions, and processes a
school psychologist who is licensed in a state is permitted to undertake in that state and the circumstances under which that licensee is permitted to undertake those procedures, actions, and processes. Such procedures, actions, and processes, and the circumstances under which they may be undertaken, may be established through means including, but not limited to, statute, regulations, case law, and other processes available to the state licensing authority or other government agency.
BB. Specialist-level degree means a degree program that requires at least
sixty graduate semester hours or the equivalent in the field of school psychology, including a supervised internship.
CC. State means any state, commonwealth, district, or territory of the
United States of America.
DD. State licensing authority means an agency, whether the department of
education or otherwise, or other entity operating as an arm of a state that is responsible for the licensing and regulation of school psychologists.
EE. State specific requirement means a requirement for licensure covered
in coursework or examination that includes content of unique interests to the state.
FF. Unencumbered license means a license that authorizes a licensee to
engage in the full and unrestricted practice of school psychology.
SECTION 3
STATE PARTICIPATION IN THE COMPACT
A. To be eligible to join this Compact, and to maintain eligibility as a member
state, a state must:
1. Enact a compact statute that is not materially different from the model
compact as defined in commission rules;
2. Participate in the sharing of information with other member states as
reasonably necessary to accomplish the objectives of this Compact, and as further defined in Section 8;
3. Identify and maintain with the commission a list of equivalent licenses
available to licensees who hold a home state license pursuant to this Compact;
4. Have a mechanism in place for receiving and investigating complaints
about licensees;
5. Notify the commission, in compliance with the terms of the Compact and
commission rules, of any adverse action taken against a licensee or of the availability of investigative information that relates to a licensee or applicant for licensure;
6. Require that an applicant for a home state license has:
a. Taken and passed a qualifying national exam, as defined by commission
rule;
b. Completed a minimum of twelve hundred hours of supervised internship,
of which at least six hundred hours must have been completed in a school, prior to being approved for licensure; and
c. Graduated from a qualifying school psychologist education program; and
7. Comply with the terms of this Compact and commission rules.
B. Each member state shall grant an equivalent license to practice school
psychology in that state upon application by a licensee who satisfies the criteria of Section 4.A. Each member state shall grant renewal of the equivalent license to a licensee who satisfies the criteria of Section 4.B.
C. A member state may set and collect a fee for granting an equivalent
license.
SECTION 4
SCHOOL PSYCHOLOGIST PARTICIPATION
IN THE COMPACT
A. To obtain and maintain an equivalent license from a receiving state
pursuant to this Compact, a licensee must:
1. Hold and maintain an active home state license;
2. Satisfy any applicable state specific requirements established by the
member state after an equivalent license is granted;
3. Complete any administrative or application requirements the commission
may establish by rule and pay any associated fees;
4. Complete any requirements for renewal in the home state, including
applicable continuing professional education requirements; and
5. Upon application to receive a license pursuant to this Compact, undergo a
criminal background check in the member state in which the equivalent license is sought, in accordance with the laws and regulations of the member state.
B. To renew an equivalent license in a member state other than the home
state, a licensee must only apply for renewal, complete a background check, and pay renewal fees as determined by the licensing authority.
SECTION 5
ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
A licensee who is an active military member or is the spouse of an active
military member is deemed to hold a home state license in any of the following locations:
A. The licensee's permanent residence;
B. A member state that is the licensee's primary state of practice; or
C. A member state where the licensee has relocated pursuant to a
permanent change of station (PCS).
SECTION 6
DISCIPLINE AND ADVERSE ACTIONS
A. Nothing in this Compact shall be deemed or construed to limit the
authority of a member state to investigate or impose disciplinary measures on a licensee according to the state practice laws thereof.
B. Each member state is authorized to receive, and shall provide, files and
information regarding the investigation and discipline, if any, of a licensee in another member state upon request. A member state receiving such information or files shall protect and maintain the security and confidentiality thereof, in at least the same manner that it maintains its own investigatory or disciplinary files and information. Prior to disclosing any disciplinary or investigatory information received from another member state, the disclosing state shall communicate its intention and purpose for the disclosure to the member state that originally provided that information.
SECTION 7
ESTABLISHMENT OF THE SCHOOL PSYCHOLOGIST
INTERSTATE LICENSURE COMPACT COMMISSION
A. The member states hereby create and establish a joint government
agency whose membership consists of all member states that have enacted the Compact. This agency shall be known as the school psychologist interstate licensure compact commission. The commission is an instrumentality of the member states acting jointly and not an instrumentality of any one state. The commission shall come into existence on or after the effective date of the Compact, as set forth in Section 11.
B. Membership, voting, and meetings
1. Each member state shall have and be limited to one delegate as selected
by that member state's state licensing authority.
2. The delegate shall be the primary administrative officer of the member
state licensing authority, or their designee, who is an employee of the member state licensing authority.
3. The commission shall by rule or bylaw establish a term of office for
delegates and may by rule or bylaw establish term limits.
4. The commission may recommend removal or suspension of any delegate
from office.
5. A member state's licensing authority shall fill any vacancy of its delegates
occurring on the commission within sixty days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters before the
commission that require a vote by commission delegates.
7. A delegate shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for delegates to meet by telecommunication, video conference, or other means of communication.
8. The commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The commission may meet by telecommunication, video conference, or other similar electronic means.
C. The commission shall have the following powers:
1. To establish the fiscal year of the commission;
2. To establish a code of conduct and conflict of interest policies;
3. To establish and amend rules and bylaws;
4. To establish the procedure through which a licensee may change their
home state;
5. To maintain its financial records in accordance with the bylaws;
6. To meet and take such actions as are consistent with the provisions of this
Compact, the commission's rules, and the bylaws;
7. To initiate and conclude legal proceedings or actions in the name of the
commission, provided that the standing of any member state licensing authority to sue or be sued under applicable law is not affected;
8. To maintain and certify records and information provided to a member
state as the authenticated business records of the commission and designate an agent to do so on the commission's behalf;
9. To purchase and maintain insurance and bonds;
10. To borrow, accept, or contract for services of personnel, including, but
not limited to, employees of a member state;
11. To conduct an annual financial review;
12. To hire employees, elect or appoint officers, fix compensation, define
duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
13. To assess and collect fees;
14. To accept any and all appropriate gifts, donations, grants of money, other
sources of revenue, equipment, supplies, materials, and services and receive, utilize, and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest;
15. To lease, purchase, retain, own, hold, improve, or use any property, real,
personal, or mixed, or any undivided interest therein;
16. To sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, real, personal, or mixed;
17. To establish a budget and make expenditures;
18. To borrow money;
19. To appoint committees, including standing committees, composed of
members, state regulators, state legislators or their representatives, consumer representatives, and other interested persons as may be designated in the Compact and the bylaws;
20. To provide and receive information from, and cooperate with, law
enforcement agencies;
21. To establish and elect an executive committee, including a chair and vice-chair;
22. To determine whether a state's adopted language is materially different
from the model compact language such that the state would not qualify for participation in the Compact; and
23. To perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact.
D. The executive committee
1. The executive committee shall have the power to act on behalf of the
commission according to the terms of this Compact. The powers, duties, and responsibilities of the executive committee shall include:
a. To oversee the day-to-day activities of the administration of the Compact,
including enforcement and compliance with the provisions of the Compact, its rules and bylaws, and other such duties as deemed necessary;
b. To recommend to the commission changes to the rules or bylaws, changes
to this Compact legislation, fees charged to member states, fees charged to licensees, and other fees;
c. To ensure Compact administration services are appropriately provided,
including by contract;
d. To prepare and recommend the budget;
e. To maintain financial records on behalf of the commission;
f. To monitor Compact compliance of member states and provide compliance
reports to the commission;
g. To establish additional committees as necessary;
h. To exercise the powers and duties of the commission during the interim
between commission meetings, except for adopting or amending rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and
i. Other duties as provided in the rules or bylaws of the commission.
2. The executive committee shall be composed of up to seven members:
a. The chair and vice-chair of the commission shall be voting members of the
executive committee; and
b. The commission shall elect five voting members from the current
membership of the commission.
3. The commission may remove any member of the executive committee as
provided in the commission's bylaws.
4. The executive committee shall meet at least annually.
a. Executive committee meetings shall be open to the public; except that the
executive committee may meet in a closed, non-public meeting as provided in subsection F.2 of this section.
b. The executive committee shall give thirty days' notice of its meetings,
posted on its website and as determined, to provide notice to persons with an interest in the commission's business.
c. The executive committee may hold a special meeting in accordance with
subsection F.1.b of this section.
E. The commission shall adopt and provide an annual report to the member
states.
F. Meetings of the commission
1. All meetings of the commission shall be open to the public; except that the
commission may meet in a closed, non-public meeting as provided in subsection F.2 of this section.
a. Public notice for all meetings of the full commission shall be given in the
same manner as required under the rule-making provisions in Section 9; except that the commission may hold a special meeting as provided in subsection F.1.b of this section.
b. The commission may hold a special meeting when it must meet to conduct
emergency business by giving forty-eight hours' notice to all commissioners, on the commission's website, and other means as provided in the commission's rules. The commission's legal counsel shall certify that the commission's need to meet qualifies as an emergency.
2. The commission or the executive committee or other committees of the
commission may convene in a closed, non-public meeting for the commission or executive committee or other committees of the commission to receive legal advice or to discuss:
a. Non-compliance of a member state with its obligations under this
Compact;
b. The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees;
c. Current or threatened discipline of a licensee by the commission or by a
member state's licensing authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
f. Accusation of any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or
confidential;
h. Information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. Information related to any investigative reports prepared by or on behalf of
or for use by the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this Compact;
k. Matters specifically exempted from disclosure by federal or member state
law; or
l. Other matters as promulgated by the commission by rule.
3. If a meeting, or a portion of a meeting, is closed, the presiding officer shall
state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
4. The commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the commission or order of a court of competent jurisdiction.
G. Financing of the commission
1. The commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The commission may accept any and all appropriate revenue sources as
provided in Section C.14 of this Section.
3. The commission may levy on and collect an annual assessment from each
member state and impose fees on licensees practicing in the member state under an equivalent license to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for member states shall be allocated based upon a formula that the commission shall promulgate by rule.
4. The commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same, nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.
5. The commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the commission.
H. Qualified immunity, defense, and indemnification
1. The members, officers, executive director, employees, and representatives
of the commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities, provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission shall not in any way compromise or limit the immunity granted hereunder.
2. The commission shall defend any member, officer, executive director,
employee, and representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or as determined by the commission, that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense, and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
4. Nothing herein shall be construed as a limitation on the liability of any
licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws.
5. Nothing in this Compact shall be interpreted to waive or otherwise
abrogate a member state's action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other federal or state antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity by the member states or by the commission.
SECTION 8
FACILITATING INFORMATION EXCHANGE
A. The commission shall provide for facilitating the exchange of information
to administer and implement the provisions of this Compact in accordance with the rules of the commission, consistent with generally accepted data protection principles.
B. Notwithstanding any other provision of state law to the contrary, a
member state shall agree to provide for the facilitation of the following license information as required by rules of the commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse actions against a license and information related thereto;
4. Non-confidential information related to alternative program participation,
the beginning and ending dates of such participation, and other information related to such participation not made confidential under member state law;
5. Any denial of application for licensure, and the reason(s) for such denial;
6. The presence of investigative information; and
7. Other information that may facilitate the administration of this Compact or
the protection of the public, as determined by rules of the commission.
C. Nothing in this Compact shall be deemed or construed to alter, limit, or
inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing licensee information in the member state.
SECTION 9
RULE-MAKING
A. The commission shall exercise its rule-making powers pursuant to the
criteria set forth in this Compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
B. The commission shall promulgate reasonable rules to achieve the intent
and purpose of this interstate Compact. In the event the commission exercises its rule-making authority in a manner that is beyond the purpose and intent of this interstate Compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect of law in the member states.
C. If a majority of the legislatures of the member states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the rule, the rule shall have no further force and effect in any member state.
D. Rules or amendments to the rules shall be adopted at a regular or special
meeting of the commission.
E. Prior to promulgation and adoption of a final rule or rules by the
commission, and at least thirty (30) days in advance of the meeting at which the rule shall be considered and voted upon, the commission shall file a notice of proposed rule-making:
1. On the website of the commission or other publicly accessible platform;
and
2. On the website of each member state licensing authority or other publicly
accessible platform or the publication in which each state would otherwise publish proposed rules.
F. Upon determination that an emergency exists, the commission may
consider and adopt an emergency rule with forty-eight hours' notice, with opportunity for comment, provided that the usual rule-making procedures shall be applied retroactively to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
1. Prevent a loss of commission or member state funds;
2. Meet a deadline for the promulgation of an administrative rule that is
established by federal law or rule; or
3. Protect public health and safety.
SECTION 10
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive and judicial branches of state government in each member
state shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.
2. Venue is proper and judicial proceedings by or against the commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
3. The commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the commission service of process shall render a judgment or order void as to the commission, this Compact, or promulgated rules.
B. Default, technical assistance, and termination
1. If the commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this Compact or the promulgated rules, the commission shall provide written notice to the defaulting state. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the commission may take, and shall offer training and specific technical assistance regarding the default.
2. The commission shall provide a copy of the notice of default to the other
member states.
C. If a state in default fails to cure the default, the defaulting state may be
terminated from the Compact upon an affirmative vote of a super-majority of the delegates of the member states, and all rights, privileges, and benefits conferred on that state by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
D. Termination of membership in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, the defaulting state's licensing authority, and each of the member states' licensing authorities.
E. A state that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
F. Upon the termination of a state's membership from this Compact, that
state shall immediately provide notice to all licensees within that state of such termination. The terminated state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of six (6) months after the date of said notice of termination.
G. The commission shall not bear any costs related to a state that is found to
be in default or that has been terminated from the Compact unless agreed upon in writing between the commission and the defaulting state.
H. The defaulting state may appeal the action of the commission by
petitioning the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
I. Dispute resolution
1. Upon request by a member state, the commission shall attempt to resolve
disputes related to the Compact that arise among member states and between member and non-member states.
2. The commission shall promulgate a rule providing for both mediation and
binding resolution for disputes as appropriate.
J. Enforcement
1. By majority vote as provided by rule, the commission may initiate legal
action against a member state in default in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting member state's laws.
2. A member state may initiate legal action against the commission in the
U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the Compact and its promulgated rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
3. No person other than a member state shall enforce this Compact against
the commission.
SECTION 11
EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact
statute is enacted into law in the seventh member state.
1. On or after the effective date of the Compact indicated above, the
commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different than the model Compact statute.
a. A charter member state whose enactment is found to be materially
different from the model Compact statute shall be entitled to the default process set forth in Section 10.
b. If any member state is later found to be in default, or is terminated or
withdraws from the Compact, the commission shall remain in existence and the Compact shall remain in effect even if the number of member states should be less than seven.
2. A member state enacting the Compact subsequent to the charter member
states shall be subject to the process set forth in Section 7.C.21 to determine if their enactments are materially different from the model Compact statute and whether it qualifies for participation in the Compact.
3. All actions taken for the benefit of the commission or in furtherance of the
purposes of the administration of the Compact prior to the effective date of the Compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
a. Any state that joins the Compact subsequent to the commission's initial
adoption of the rules shall be subject to the rules and bylaws as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the Compact becomes law in that state.
b. A member state may withdraw from this Compact by enacting a statute
repealing the same.
B. A member state's withdrawal shall not take effect until 180 days after
enactment of the repealing statute.
C. Withdrawal shall not affect the continuing requirement of the
withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.
D. Upon the enactment of a statute withdrawing from this Compact, a state
shall immediately provide notice of such withdrawal to all licensees within the state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all licenses granted pursuant to this Compact for a minimum of six (6) months after the date of such notice of withdrawal.
1. Nothing contained in this Compact shall be construed to invalidate or
prevent any licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.
2. This Compact may be amended by the member states. No amendment to
this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
SECTION 12
CONSTRUCTION AND SEVERABILITY
A. This Compact and the commission's rule-making authority shall be
liberally construed so as to effectuate the purposes and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission's rule-making authority solely for those purposes.
B. The provisions of this Compact shall be severable and if any phrase,
clause, sentence, or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the Compact, or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.
C. Notwithstanding subsection B of this section, the commission may deny a
state's participation in the Compact or, in accordance with the requirements of Section 10.B, terminate a member state's participation in the compact, if it determines that a constitutional requirement of a member state is a material departure from the Compact. Otherwise, if this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
SECTION 13
CONSISTENT EFFECT AND CONFLICT
WITH OTHER STATE LAWS
A. Nothing herein prevents or inhibits the enforcement of any other law of a
member state that is not inconsistent with the Compact.
B. All laws, statutes, regulations, or other legal requirements in a member
state in conflict with the Compact are superseded to the extent of the conflict.
C. All agreements between the commission and the member states are
binding in accordance with their terms.
Source: L. 2024: Entire part added, (HB 24-1096), ch. 129, p. 438, � 1,
effective April 29.
C.R.S. § 24-60-4602
24-60-4602. Compact approved and ratified. The general assembly approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado and any of the United States or other jurisdictions legally joining the compact in the form substantially as follows:
SECTION 1.
PURPOSE
The purpose of this Compact is to facilitate interstate practice of Regulated
Social Workers by improving public access to competent Social Work Services. This Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to Social Work Services;
B. Reduce overly burdensome and duplicative requirements associated with
holding multiple licenses;
C. Enhance the Member States' ability to protect the public's health and
safety;
D. Encourage the cooperation of Member States in regulating multistate
practice;
E. Promote mobility and address workforce shortages by eliminating the
necessity for licenses in multiple States by providing for the mutual recognition of other Member State licenses;
F. Support military families;
G. Facilitate the exchange of licensure and disciplinary information among
Member States;
H. Authorize all Member States to hold a Regulated Social Worker
accountable for abiding by a Member State's laws, regulations, and applicable professional standards in the Member State in which the client is located at the time care is rendered; and
I. Allow for the use of telehealth to facilitate increased access to regulated
Social Work Services.
SECTION 2.
DEFINITIONS
As used in this Compact, and except as otherwise provided, the following
definitions shall apply:
A. Active Military Member means any individual with full-time duty status
in the active armed forces of the United States including members of the National Guard and Reserve.
B. Adverse Action means any administrative, civil, equitable, or criminal
action permitted by a State's laws which is imposed by a Licensing Authority or other authority against a Regulated Social Worker, including actions against an individual's license or Multistate Authorization to Practice such as revocation, suspension, probation, monitoring of the Licensee, limitation on the Licensee's practice, or any other Encumbrance on licensure affecting a Regulated Social Worker's authorization to practice, including issuance of a cease-and-desist action.
C. Alternative Program means a non-disciplinary monitoring or practice
remediation process approved by a Licensing Authority to address practitioners with an Impairment.
D. Charter Member States means Member States who have enacted
legislation to adopt this Compact where such legislation predates the effective date of this Compact as described in Section 14 of this Compact.
E. Compact Commission or Commission means the government agency
whose membership consists of all States that have enacted this Compact, which is known as the Social Work Licensure Compact Commission, as described in Section 10 of this Compact, and which shall operate as an instrumentality of the Member States.
F. Current Significant Investigative Information means:
1. Investigative information that a Licensing Authority, after a preliminary
inquiry that includes notification and an opportunity for the Regulated Social Worker to respond, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction as may be defined by the Commission; or
2. Investigative information that indicates that the Regulated Social Worker
represents an immediate threat to public health and safety, as may be defined by the Commission, regardless of whether the Regulated Social Worker has been notified and has had an opportunity to respond.
G. Data System means a repository of information about Licensees,
including Current Significant Investigative Information; continuing education, examination, licensure, Disqualifying Event, Multistate License(s) and Adverse Action information; or other information as required by the Commission.
H. Disqualifying Event means any Adverse Action or incident which results
in an Encumbrance that disqualifies or makes the Licensee ineligible to either obtain, retain, or renew a Multistate License.
I. Domicile means the jurisdiction in which the Licensee resides and intends
to remain indefinitely.
J. Encumbrance means a revocation or suspension of, or any limitation on,
the full and unrestricted practice of Social Work licensed and regulated by a Licensing Authority.
K. Executive Committee means a group of delegates elected or appointed
to act on behalf of, and within the powers granted to them by, the Compact and Commission.
L. Home State means the Member State that is the Licensee's primary
Domicile.
M. Impairment means a condition(s) that may impair a practitioner's ability
to engage in full and unrestricted practice as a Regulated Social Worker without some type of intervention and may include alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
N. Licensee(s) means an individual who currently holds a license from a
State to practice as a Regulated Social Worker.
O. Licensing Authority means the board or agency of a Member State, or
equivalent, that is responsible for the licensing and regulation of Regulated Social Workers.
P. Member State means a state, commonwealth, district, or territory of the
United States of America that has enacted this Compact.
Q. Multistate Authorization to Practice means a legally authorized
privilege to practice, which is equivalent to a license, associated with a Multistate License permitting the practice of Social Work in a Remote State.
R. Multistate License means a license to practice as a Regulated Social
Worker issued by a Home State Licensing Authority that authorizes the Regulated Social Worker to practice in all Member States under a Multistate Authorization to Practice.
S. Qualifying National Exam means a national licensing examination
approved by the Commission.
T. Regulated Social Worker means any Clinical, Masters or Bachelors
Social Worker licensed by a Member State regardless of the title used by that Member State.
U. Remote State means a Member State other than the Licensee's Home
State.
V. Rule(s) or Rule(s) of the Commission means a regulation or regulations
duly promulgated by the Commission, as authorized by the Compact, that have the force of law.
W. Single State License means a Social Work license issued by any State
that authorizes practice only within the issuing State and does not include Multistate Authorization to Practice in any Member State.
X. Social Work or Social Work Services means the application of social
work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities through the care and services provided by a Regulated Social Worker as set forth in the Member State's statutes and regulations in the State where the services are being provided.
Y. State means any state, commonwealth, district, or territory of the United
States of America that regulates the practice of Social Work.
Z. Unencumbered License means a license that authorizes a Regulated
Social Worker to engage in the full and unrestricted practice of Social Work.
SECTION 3.
STATE PARTICIPATION IN THE COMPACT
A. To be eligible to participate in the compact, a potential Member State
must currently meet all of the following criteria:
1. License and regulate the practice of Social Work at either the Clinical,
Masters, or Bachelors category;
2. Require applicants for licensure to graduate from a program that:
a. Is operated by a college or university recognized by the Licensing
Authority;
b. Is accredited, or in candidacy by an institution that subsequently becomes
accredited, by an accrediting agency recognized by either:
i. The Council for Higher Education Accreditation, or its successor; or
ii. The United States Department of Education; and
c. Corresponds to the licensure sought as outlined in Section 4 of this
Compact;
3. Require applicants for clinical licensure to complete a period of
supervised practice;
4. Have a mechanism in place for receiving, investigating, and adjudicating
complaints about Licensees.
B. To maintain membership in this Compact a Member State shall:
1. Require that applicants for a Multistate License pass a Qualifying National
Exam for the corresponding category of Multistate License sought as outlined in Section 4 of this Compact;
2. Participate fully in the Commission's Data System, including using the
Commission's unique identifier as defined in Rules;
3. Notify the Commission, in compliance with the terms of this Compact and
Rules, of any Adverse Action or the availability of Current Significant Investigative Information regarding a Licensee;
4. Implement procedures for considering the criminal history records of
applicants for a Multistate License. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State's criminal records.
5. Comply with the Rules of the Commission;
6. Require an applicant to obtain or retain a license in the Home State and
meet the Home State's qualifications for licensure or renewal of licensure, as well as all other applicable Home State laws;
7. Authorize a Licensee holding a Multistate License in any Member State to
practice in accordance with the terms of this Compact and Rules of the Commission; and
8. Designate a delegate to participate in the Commission meetings.
C. A Member State meeting the requirements of Section 3.A. and 3.B. of this
Compact shall designate the categories of Social Work licensure that are eligible for issuance of a Multistate License for applicants in such Member State. To the extent that any Member State does not meet the requirements for participation in this Compact at any particular category of Social Work licensure, such Member State may choose, but is not obligated, to issue a Multistate License to applicants that otherwise meet the requirements of Section 4 of this Compact for issuance of a Multistate License in such category or categories of licensure.
D. The Home State may charge a fee for granting the Multistate License.
SECTION 4.
SOCIAL WORKER PARTICIPATION
IN THE COMPACT
A. To be eligible for a Multistate License under the terms and provisions of
this Compact, an applicant, regardless of category, must:
1. Hold or be eligible for an active, Unencumbered License in the Home
State;
2. Pay any applicable fees, including any State fee, for the Multistate
License;
3. Submit, in connection with an application for a Multistate License,
fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State's criminal records;
4. Notify the Home State of any Adverse Action, Encumbrance, or restriction
on any professional license taken by any Member State or non-Member State within thirty (30) days from the date the action is taken;
5. Meet any continuing competence requirements established by the Home
State;
6. Abide by the laws, regulations, and applicable standards in the Member
State where the client is located at the time care is rendered.
B. An applicant for a Clinical-category Multistate License must meet all of
the following requirements:
1. Fulfill a competency requirement, which shall be satisfied by either:
a. Passage of a Clinical-category Qualifying National Exam; or
b. Licensure of the applicant in their Home State at the clinical category,
beginning prior to such time as a Qualifying National Exam was required by the Home State and accompanied by a period of continuous Social Work licensure thereafter, all of which may be further governed by the Rules of the Commission; or
c. The substantial equivalency of the foregoing competency requirements
which the Commission may determine by Rule;
2. Attain at least a Masters degree in Social Work from a program that is:
a. Operated by a college or university recognized by the Licensing Authority;
and
b. Accredited, or in candidacy that subsequently becomes accredited, by an
accrediting agency recognized by either:
i. The Council for Higher Education Accreditation or its successor; or
ii. The United States Department of Education;
3. Fulfill a practice requirement, which shall be satisfied by demonstrating
completion of either:
a. A period of postgraduate supervised clinical practice equal to a minimum
of three thousand hours; or
b. A minimum of two years of full-time postgraduate supervised clinical
practice; or
c. The substantial equivalency of the foregoing practice requirements which
the Commission may determine by Rule.
C. An applicant for a Masters-category Multistate License must meet all of
the following requirements:
1. Fulfill a competency requirement, which shall be satisfied by either:
a. Passage of a Masters-category Qualifying National Exam;
b. Licensure of the applicant in their Home State at the Masters category,
beginning prior to such time as a Qualifying National Exam was required by the Home State at the Masters-category and accompanied by a continuous period of Social Work licensure thereafter, all of which may be further governed by the Rules of the Commission; or
c. The substantial equivalency of the foregoing competency requirements
which the Commission may determine by Rule;
2. Attain at least a Masters degree in Social Work from a program that is:
a. Operated by a college or university recognized by the Licensing Authority;
and
b. Accredited, or in candidacy that subsequently becomes accredited, by an
accrediting agency recognized by either:
i. The Council for Higher Education Accreditation or its successor; or
ii. The United States Department of Education.
D. An applicant for a Bachelors-category Multistate License must meet all of
the following requirements:
1. Fulfill a competency requirement, which shall be satisfied by either:
a. Passage of a Bachelors-category Qualifying National Exam;
b. Licensure of the applicant in their Home State at the Bachelors-category,
beginning prior to such time as a Qualifying National Exam was required by the Home State and accompanied by a period of continuous Social Work licensure thereafter, all of which may be further governed by the Rules of the Commission; or
c. The substantial equivalency of the foregoing competency requirements
which the Commission may determine by Rule;
2. Attain at least a Bachelors degree in Social Work from a program that is:
a. Operated by a college or university recognized by the Licensing Authority;
and
b. Accredited, or in candidacy that subsequently becomes accredited, by an
accrediting agency recognized by either:
i. The Council for Higher Education Accreditation or its successor; or
ii. The United States Department of Education.
E. The Multistate License for a Regulated Social Worker is subject to the
renewal requirements of the Home State. The Regulated Social Worker must maintain compliance with the requirements of Section 4.A. of this Compact to be eligible to renew a Multistate License.
F. The Regulated Social Worker's services in a Remote State are subject to
that Member State's regulatory authority. A Remote State may, in accordance with due process and that Member State's laws, remove a Regulated Social Worker's Multistate Authorization to Practice in the Remote State for a specific period of time, impose fines, and take any other necessary actions to protect the health and safety of its citizens.
G. If a Multistate License is encumbered, the Regulated Social Worker's
Multistate Authorization to Practice shall be deactivated in all Remote States until the Multistate License is no longer encumbered.
H. If a Multistate Authorization to Practice is encumbered in a Remote State,
the regulated Social Worker's Multistate Authorization to Practice may be deactivated in that State until the Multistate Authorization to Practice is no longer encumbered.
SECTION 5.
ISSUANCE OF A MULTISTATE LICENSE
A. Upon receipt of an application for a Multistate License, the Home State
Licensing Authority shall determine the applicant's eligibility for a Multistate License in accordance with Section 4 of this Compact.
B. If such applicant is eligible pursuant to Section 4 of this Compact, the
Home State Licensing Authority shall issue a Multistate License that authorizes the applicant or Regulated Social Worker to practice in all Member States under a Multistate Authorization to Practice.
C. Upon issuance of a Multistate License, the Home State Licensing
Authority shall designate whether the Regulated Social Worker holds a Multistate License in the Bachelors-, Masters-, or Clinical-category of Social Work.
D. A Multistate License issued by a Home State to a resident in that State
shall be recognized by all Compact Member States as authorizing Social Work Practice under a Multistate Authorization to Practice corresponding to each category of licensure regulated in each Member State.
SECTION 6.
AUTHORITY OF INTERSTATE
COMPACT COMMISSION AND
MEMBER STATE LICENSING AUTHORITIES
A. Nothing in this Compact, nor any Rule of the Commission, shall be
construed to limit, restrict, or in any way reduce the ability of a Member State to enact and enforce laws, regulations, or other rules related to the practice of Social Work in that State, where those laws, regulations, or other rules are not inconsistent with the provisions of this Compact.
B. Nothing in this Compact shall affect the requirements established by a
Member State for the issuance of a Single State License.
C. Nothing in this Compact, nor any Rule of the Commission, shall be
construed to limit, restrict, or in any way reduce the ability of a Member State to take Adverse Action against a Licensee's Single State License to practice Social Work in that State.
D. Nothing in this Compact, nor any Rule of the Commission, shall be
construed to limit, restrict, or in any way reduce the ability of a Remote State to take Adverse Action against a Licensee's Multistate Authorization to Practice in that State.
E. Nothing in this Compact, nor any Rule of the Commission, shall be
construed to limit, restrict, or in any way reduce the ability of a Licensee's Home State to take Adverse Action against a Licensee's Multistate License based upon information provided by a Remote State.
SECTION 7.
REISSUANCE OF A MULTISTATE LICENSE
BY A NEW HOME STATE
A. A Licensee can hold a Multistate License, issued by their Home State, in
only one Member State at any given time.
B. If a Licensee changes their Home State by moving between two Member
States:
1. The Licensee shall immediately apply for the reissuance of their Multistate
License in their new Home State. The Licensee shall pay all applicable fees and notify the prior Home State in accordance with the Rules of the Commission.
2. Upon receipt of an application to reissue a Multistate License, the new
Home State shall verify that the Multistate License is active, unencumbered, and eligible for reissuance under the terms of this Compact and the Rules of the Commission. The Multistate License issued by the prior Home State will be deactivated and all Member States notified in accordance with the applicable Rules adopted by the Commission.
3. Prior to the reissuance of the Multistate License, the new Home State
shall conduct procedures for considering the criminal history records of the Licensee. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State's criminal records.
4. If required for initial licensure, the new Home State may require
completion of jurisprudence requirements in the new Home State.
5. Notwithstanding any other provision of this Compact, if a Licensee does
not meet the requirements set forth in this Compact for the reissuance of a Multistate License by the new Home State, then the Licensee shall be subject to the new Home State requirements for the issuance of a Single State License in that State.
C. If a Licensee changes their primary State of residence by moving from a
Member State to a non-Member State, or from a non-Member State to a Member State, then the Licensee shall be subject to the State requirements for the issuance of a Single State License in the new Home State.
D. Nothing in this Compact shall interfere with a Licensee's ability to hold a
Single State License in multiple States; however, for the purposes of this Compact, a Licensee shall have only one Home State and only one Multistate License.
E. Nothing in this Compact shall interfere with the requirements established
by a Member State for the issuance of a Single State License.
SECTION 8.
MILITARY FAMILIES
An Active Military Member or their spouse shall designate a Home State
where the individual has a Multistate License. The individual may retain their Home State designation during the period the service member is on active duty.
SECTION 9.
ADVERSE ACTIONS
A. In addition to the other powers conferred by State law, a Remote State
shall have the authority, in accordance with existing State due process law, to:
1. Take Adverse Action against a Regulated Social Worker's Multistate
Authorization to Practice only within that Member State and issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Authority in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing Licensing Authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located.
2. Only the Home State shall have the power to take Adverse Action against
a Regulated Social Worker's Multistate License.
B. For purposes of taking Adverse Action, the Home State shall give the
same priority and effect to reported conduct received from a Member State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine appropriate action.
C. The Home State shall complete any pending investigations of a Regulated
Social Worker who changes their Home State during the course of the investigations. The Home State shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the Data System. The administrator of the Data System shall promptly notify the new Home State of any Adverse Actions.
D. A Member State, if otherwise permitted by State law, may recover from
the affected Regulated Social Worker the costs of investigations and dispositions of cases resulting from any Adverse Action taken against that Regulated Social Worker.
E. A Member State may take Adverse Action based on the factual findings of
another Member State, provided that the Member State follows its own procedures for taking the Adverse Action.
F. Joint Investigations:
1. In addition to the authority granted to a Member State by its respective
Social Work practice act or other applicable State law, any Member State may participate with other Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under this Compact.
G. If Adverse Action is taken by the Home State against the Multistate
License of a Regulated Social Worker, the Regulated Social Worker's Multistate Authorization to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from the Multistate License. All Home State disciplinary orders that impose Adverse Action against the license of a Regulated Social Worker shall include a statement that the Regulated Social Worker's Multistate Authorization to Practice is deactivated in all Member States until all conditions of the decision, order, or agreement are satisfied.
H. If a Member State takes Adverse Action, it shall promptly notify the
administrator of the Data System. The administrator of the Data System shall promptly notify the Home State and all other Member States of any Adverse Actions by Remote States.
I. Nothing in this Compact shall override a Member State's decision that
participation in an Alternative Program may be used in lieu of Adverse Action.
J. Nothing in this Compact shall authorize a Member State to demand the
issuance of subpoenas for attendance and testimony of witnesses or the production of evidence from another Member State for lawful actions within that Member State.
K. Nothing in this Compact shall authorize a Member State to impose
discipline against a Regulated Social Worker who holds a Multistate Authorization to Practice for lawful actions within another Member State.
SECTION 10.
ESTABLISHMENT OF SOCIAL WORK
LICENSURE COMPACT COMMISSION
A. The Compact Member States hereby create and establish a joint
government agency whose membership consists of all Member States that have enacted this compact known as the Social Work Licensure Compact Commission. The Commission is an instrumentality of the Member States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of this Compact as set forth in Section 14.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1) delegate selected
by that Member State's State Licensing Authority.
2. The delegate shall be either:
a. A current member of the State Licensing Authority at the time of
appointment, who is a Regulated Social Worker or public member of the State Licensing Authority; or
b. An administrator of the State Licensing Authority or their designee.
3. The Commission shall by Rule or bylaw establish a term of office for
delegates and may by Rule or bylaw establish term limits.
4. The Commission may recommend removal or suspension of any delegate
from office.
5. A Member State's State Licensing Authority shall fill any vacancy of its
delegate occurring on the Commission within sixty (60) days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters before the
Commission requiring a vote by Commission delegates.
7. A delegate shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for delegates to meet by telecommunication, videoconference, or other means of communication.
8. The Commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference, or other similar electronic means.
C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish code of conduct and conflict of interest policies;
3. Establish and amend Rules and bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this
Compact, the Commission's Rules, and the bylaws;
6. Initiate and conclude legal proceedings or actions in the name of the
Commission, provided that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected;
7. Maintain and certify records and information provided to a Member State
as the authenticated business records of the Commission and designate an agent to do so on the Commission's behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a Member State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of this Compact and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
12. Assess and collect fees;
13. Accept any and all appropriate gifts, donations, grants of money, other
sources of revenue, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
14. Lease, purchase, retain, own, hold, improve, or use any property, real,
personal, or mixed, or any undivided interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
18. Appoint committees, including standing committees, composed of
members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
19. Provide and receive information from, and cooperate with, law
enforcement agencies;
20. Establish and elect an Executive Committee, including a chair and a vice
chair;
21. Determine whether a State's adopted language is materially different
from the model compact language such that the State would not qualify for participation in this Compact; and
22. Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact.
D. The Executive Committee
1. The Executive Committee shall have the power to act on behalf of the
Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include:
a. Oversee the day-to-day activities of the administration of the Compact
including enforcement and compliance with the provisions of this Compact, its Rules and bylaws, and other such duties as deemed necessary;
b. Recommend to the Commission changes to the Rules or bylaws, changes
to this Compact legislation, fees charged to Compact Member States, fees charged to Licensees, and other fees;
c. Ensure Compact administration services are appropriately provided,
including by contract;
d. Prepare and recommend the budget;
e. Maintain financial records on behalf of the Commission;
f. Monitor Compact compliance of Member States and provide compliance
reports to the Commission;
g. Establish additional committees as necessary;
h. Exercise the powers and duties of the Commission during the interim
between Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by Rule or bylaw; and
i. Other duties as provided in the Rules or bylaws of the Commission.
2. The Executive Committee shall be composed of up to eleven (11) members:
a. The chair and vice chair of the Commission shall be voting members of the
Executive Committee;
b. The Commission shall elect five (5) voting members from the current
membership of the Commission; and
c. Up to four (4) ex-officio, nonvoting members from four (4) recognized
national Social Work organizations.
d. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the Executive Committee as
provided in the Commission's bylaws.
4. The Executive Committee shall meet at least annually.
a. Executive Committee meetings shall be open to the public, except that the
Executive Committee may meet in a closed, non-public meeting as provided in Subsection F.2. of this Section 10.
b. The Executive Committee shall give seven (7) days' notice of its meetings,
posted on its website and as determined to provide notice to persons with an interest in the business of the Commission.
c. The Executive Committee may hold a special meeting in accordance with
Subsection F.1.b. of this Section 10.
E. The Commission shall adopt and provide to the Member States an annual
report.
F. Meetings of the Commission
1. All meetings shall be open to the public, except that the Commission may
meet in a closed, non-public meeting as provided in Subsection F.2. of this Section 10.
a. Public notice for all meetings of the full Commission shall be given in the
same manner as required under the Rulemaking provisions in Section 12 of this Compact, except that the Commission may hold a special meeting as provided in Subsection F.1.b. of this Section 10.
b. The Commission may hold a special meeting when it must meet to conduct
emergency business by giving forty-eight (48) hours' notice to all commissioners, on the Commission's website, and by other means as provided in the Commission's Rules. The Commission's legal counsel shall certify that the Commission's need to meet qualifies as an emergency.
2. The Commission or the Executive Committee or other committees of the
Commission may convene in a closed, non-public meeting for the Commission or Executive Committee or other committees of the Commission to receive legal advice or to discuss:
a. Non-compliance of a Member State with its obligations under this
Compact;
b. The employment, compensation, discipline or other matters, practices, or
procedures related to specific employees;
c. Current or threatened discipline of a Licensee by the Commission or by a
Member State's Licensing Authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
f. Accusing any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or
confidential;
h. Information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. Information related to any investigative reports prepared by or on behalf of
or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this Compact;
k. Matters specifically exempted from disclosure by federal or Member
State law; or
l. Other matters as promulgated by the Commission by Rule.
3. If a meeting, or portion of a meeting, is closed, the presiding officer shall
state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
4. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.
G. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources as
provided in Subsection C.13. of this Section 10.
3. The Commission may levy on and collect an annual assessment from each
Member State and impose fees on Licensees of Member States to whom it grants a Multistate License to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for Member States shall be allocated based upon a formula that the Commission shall promulgate by Rule.
4. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.
H. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and representatives
of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this Subsection H.1. shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.
2. The Commission shall defend any member, officer, executive director,
employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
4. Nothing herein shall be construed as a limitation on the liability of any
Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws.
5. Nothing in this Compact shall be interpreted to waive or otherwise
abrogate a Member State's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity by the Member States or by the Commission.
SECTION 11.
DATA SYSTEM
A. The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated Data System.
B. The Commission shall assign each applicant for a Multistate License a
unique identifier, as determined by the Rules of the Commission.
C. Notwithstanding any other provision of State law to the contrary, a
Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license and information related thereto;
4. Non-confidential information related to Alternative Program participation,
the beginning and ending dates of such participation, and other information related to such participation not made confidential under Member State law;
5. Any denial of application for licensure and the reason(s) for such denial;
6. The presence of Current Significant Investigative Information; and
7. Other information that may facilitate the administration of this Compact or
the protection of the public, as determined by the Rules of the Commission.
D. The records and information provided to a Member State pursuant to this
Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Member State.
E. Current Significant Investigative Information pertaining to a Licensee in
any Member State will only be available to other Member States.
1. It is the responsibility of the Member States to report any Adverse Action
against a Licensee and to monitor the database to determine whether Adverse Action has been taken against a Licensee. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State.
F. Member States contributing information to the Data System may
designate information that may not be shared with the public without the express permission of the contributing State.
G. Any information submitted to the Data System that is subsequently
expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the Data System.
SECTION 12.
RULEMAKING
A. The Commission shall promulgate reasonable Rules in order to effectively
and efficiently implement and administer the purposes and provisions of this Compact. A Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of this Compact, or the powers granted hereunder, or based upon another applicable standard of review.
B. The Rules of the Commission shall have the force of law in each Member
State, provided however that where the Rules of the Commission conflict with the laws of the Member State that establish the Member State's laws, regulations, and applicable standards that govern the practice of Social Work as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict.
C. The Commission shall exercise its Rulemaking powers pursuant to the
criteria set forth in this Section 12. and the Rules adopted thereunder. Rules shall become binding on the day following adoption or the date specified in the rule or amendment, whichever is later.
D. If a majority of the legislatures of the Member States rejects a Rule or
portion of a Rule, by enactment of a statute or resolution in the same manner used to adopt this Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.
E. Rules shall be adopted at a regular or special meeting of the Commission.
F. Prior to adoption of a proposed Rule, the Commission shall hold a public
hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule by the Commission, and at least thirty
(30) days in advance of the meeting at which the Commission will hold a public hearing on the proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform;
2. To persons who have requested notice of the Commission's notices of
proposed rulemaking; and
3. In such other way(s) as the Commission may by Rule specify.
H. The Notice of Proposed Rulemaking shall include:
1. The time, date, and location of the public hearing at which the Commission
will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed Rule;
2. If the hearing is held via telecommunication, video conference, or other
electronic means, the mechanism for access to the hearing;
3. The text of the proposed Rule and the reason therefor;
4. A request for comments on the proposed Rule from any interested person;
and
5. The manner in which interested persons may submit written comments.
I. All hearings will be recorded. A copy of the recording and all written
comments and documents received by the Commission in response to the proposed Rule shall be available to the public.
J. Nothing in this Section 12 shall be construed as requiring a separate
hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this Section.
K. The Commission shall, by majority vote of all members, take final action
on the proposed Rule based on the Rulemaking record and the full text of the Rule.
1. The Commission may adopt changes to the proposed Rule provided the
changes do not enlarge the original purpose of the proposed Rule.
2. The Commission shall provide an explanation of the reasons for
substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.
3. The Commission shall determine a reasonable effective date for the Rule.
Except for an emergency as provided in Section 12.L. of this Compact, the effective date of the rule shall be no sooner than thirty (30) days after issuing the notice that it adopted or amended the Rule.
L. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule with forty-eight (48) hours' notice, with opportunity to comment, provided that the usual Rulemaking procedures provided in this Compact and in this Section 12 shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of a Rule that is established by
federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Ru
C.R.S. § 24-60-4702
24-60-4702. Compact approved and ratified. The general assembly approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado and any of the United States or other jurisdictions legally joining the compact in the form substantially as follows:
Section 1.
Purpose
In order to strengthen access to Medical Services, and in recognition of
advances in the delivery of Medical Services, the Participating States of the PA Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing authority of State Licensing Boards to license and discipline PAs and seeks to enhance the portability of a License to practice as a PA while safeguarding the safety of patients. This Compact allows Medical Services to be provided by PAs, via the mutual recognition of the Licensee's Qualifying License by other Compact Participating States. This Compact also adopts the prevailing standard for PA licensure and affirms that the practice and delivery of Medical Services by the PA occurs where the patient is located at the time of the patient encounter, and therefore requires the PA to be under the jurisdiction of the State Licensing Board where the patient is located. State Licensing Boards that participate in this Compact retain the jurisdiction to impose Adverse Action against a Compact Privilege in that State issued to a PA through the procedures of this Compact. The PA Licensure Compact will alleviate burdens for military families by allowing active duty military personnel and their spouses to obtain a Compact Privilege based on having an unrestricted License in good standing from a Participating State.
Section 2.
Definitions
In this Compact:
A. Adverse Action means any administrative, civil, equitable, or criminal
action permitted by a State's laws which is imposed by a Licensing Board or other authority against a PA License or License application or Compact Privilege such as License denial, censure, revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee's practice.
B. Compact Privilege means the authorization granted by a Remote State
to allow a Licensee from another Participating State to practice as a PA to provide Medical Services and other licensed activity to a patient located in the Remote State under the Remote State's laws and regulations.
C. Conviction means a finding by a court that an individual is guilty of a
felony or misdemeanor offense through adjudication or entry of a plea of guilt or no contest to the charge by the offender.
D. Criminal Background Check means the submission of fingerprints or
other biometric-based information for a License applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 CFR 20.3 (d), from the State's criminal history record repository as defined in 28 CFR 20.3 (f).
E. Data System means the repository of information about Licensees,
including but not limited to License status and Adverse Actions, which is created and administered under the terms of this Compact.
F. Executive Committee means a group of directors and ex officio
individuals elected or appointed pursuant to Section 7.F.2.
G. Impaired Practitioner means a PA whose practice is adversely affected
by health-related condition(s) that impact their ability to practice.
H. Investigative Information means information, records, or documents
received or generated by a Licensing Board pursuant to an investigation.
I. Jurisprudence Requirement means the assessment of an individual's
knowledge of the laws and Rules governing the practice of a PA in a State.
J. License means current authorization by a State, other than authorization
pursuant to a Compact Privilege, for a PA to provide Medical Services, which would be unlawful without current authorization.
K. Licensee means an individual who holds a License from a State to
provide Medical Services as a PA.
L. Licensing Board means any State entity authorized to license and
otherwise regulate PAs.
M. Medical Services means health care services provided for the diagnosis,
prevention, treatment, cure, or relief of a health condition, injury, or disease, as defined by a State's laws and regulations.
N. Model Compact means the model for the PA Licensure Compact on file
with the Council of State Governments or other entity as designated by the Commission.
O. Participating State means a State that has enacted this Compact.
P. PA means an individual who is licensed as a physician assistant in a
State. For purposes of this Compact, any other title or status adopted by a State to replace the term physician assistant shall be deemed synonymous with physician assistant and shall confer the same rights and responsibilities to the Licensee under the provisions of this Compact at the time of its enactment.
Q. PA Licensure Compact Commission, Compact Commission, or
Commission means the national administrative body created pursuant to Section 7.A of this Compact.
R. Qualifying License means an unrestricted License issued by a
Participating State to provide Medical Services as a PA.
S. Remote State means a Participating State where a Licensee who is not
licensed as a PA is exercising or seeking to exercise the Compact Privilege.
T. Rule means a regulation promulgated by an entity that has the force and
effect of law.
U. Significant Investigative Information means Investigative Information
that a Licensing Board, after an inquiry or investigation that includes notification and an opportunity for the PA to respond if required by State law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction.
V. State means any state, commonwealth, district, or territory of the United
States.
Section 3.
State Participation in this Compact
A. To participate in this Compact, a Participating State shall:
1. License PAs;
2. Participate in the Compact Commission's Data System;
3. Have a mechanism in place for receiving and investigating complaints
against Licensees and License applicants;
4. Notify the Commission, in compliance with the terms of this Compact and
Commission Rules, of any Adverse Action against a Licensee or License applicant and the existence of Significant Investigative Information regarding a Licensee or License applicant;
5. Fully implement a Criminal Background Check requirement, within a time
frame established by Commission Rule, by its Licensing Board receiving the results of a Criminal Background Check and reporting to the Commission whether the License applicant has been granted a License;
6. Comply with the Rules of the Compact Commission;
7. Utilize passage of a recognized national exam such as the National
Commission on Certification of Physician Assistants Physician Assistant National Certifying Examination as a requirement for PA licensure;
8. Grant the Compact Privilege to a holder of a Qualifying License in a
Participating State.
B. Nothing in this Compact prohibits a Participating State from charging a
fee for granting the Compact Privilege.
Section 4.
Compact Privilege
A. To exercise the Compact Privilege, a Licensee must:
1. Have graduated from a PA program accredited by the Accreditation
Review Commission on Education for the Physician Assistant, Inc., or other programs authorized by Commission Rule;
2. Hold current National Commission on Certification of Physician Assistants
certification;
3. Have no felony or misdemeanor Conviction;
4. Have never had a controlled substance license, permit, or registration
suspended or revoked by a State or by the United States Drug Enforcement Administration;
5. Have a unique identifier as determined by Commission Rule;
6. Hold a Qualifying License;
7. Have had no revocation of a License or limitation or restriction on any
License currently held due to an Adverse Action;
8. If a Licensee has had a limitation or restriction on a License or Compact
Privilege due to an Adverse Action, two years must have elapsed from the date on which the License or Compact Privilege is no longer limited or restricted due to the Adverse Action;
9. If a Compact Privilege has been revoked or is limited or restricted in a
Participating State for conduct that would not be a basis for disciplinary action in a Participating State in which the Licensee is practicing or applying to practice under a Compact Privilege, that Participating State shall have the discretion not to consider such action as an Adverse Action requiring the denial or removal of a Compact Privilege in that State;
10. Notify the Compact Commission that the Licensee is seeking the
Compact Privilege in a Remote State;
11. Meet any Jurisprudence Requirement of a Remote State in which the
Licensee is seeking to practice under the Compact Privilege and pay any fees applicable to satisfying the Jurisprudence Requirement;
12. Report to the Commission any Adverse Action taken by a non-Participating State within thirty (30) days after the action is taken.
B. The Compact Privilege is valid until the expiration or revocation of the
Qualifying License unless terminated pursuant to an Adverse Action. The Licensee must also comply with all of the requirements of Subsection A of this section to maintain the Compact Privilege in a Remote State. If the Participating State takes Adverse Action against a Qualifying License, the Licensee shall lose the Compact Privilege in any Remote State in which the Licensee has a Compact Privilege until all of the following occur:
1. The License is no longer limited or restricted; and
2. Two (2) years have elapsed from the date on which the License is no
longer limited or restricted due to the Adverse Action.
C. Once a restricted or limited License satisfies the requirements of
Subsections B.1 and B.2 of this section, the Licensee must meet the requirements of Subsection A of this section to obtain a Compact Privilege in any Remote State.
D. For each Remote State in which a PA seeks authority to prescribe
controlled substances, the PA shall satisfy all requirements imposed by such State in granting or renewing such authority.
Section 5.
Designation of the State from Which Licensee is
Applying for a Compact Privilege
A. Upon a Licensee's application for a Compact Privilege, the Licensee shall
identify to the Commission the Participating State from which the Licensee is applying, in accordance with applicable Rules adopted by the Commission, and subject to the following requirements:
1. When applying for a Compact Privilege, the Licensee shall provide the
Commission with the address of the Licensee's primary residence and thereafter shall immediately report to the Commission any change in the address of the Licensee's primary residence.
2. When applying for a Compact Privilege, the Licensee is required to
consent to accept service of process by mail at the Licensee's primary residence on file with the Commission with respect to any action brought against the Licensee by the Commission or a Participating State, including a subpoena, with respect to any action brought or investigation conducted by the Commission or a Participating State.
Section 6.
Adverse Actions
A. A Participating State in which a Licensee is licensed shall have exclusive
power to impose Adverse Action against the Qualifying License issued by that Participating State.
B. In addition to the other powers conferred by State law, a Remote State
shall have the authority, in accordance with existing State due process law, to do all of the following:
1. Take Adverse Action against a PA's Compact Privilege within that State to
remove a Licensee's Compact Privilege or take other action necessary under applicable law to protect the health and safety of its citizens.
2. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Participating State for the attendance and testimony of witnesses or the production of evidence from another Participating State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the evidence or witnesses are located.
3. Notwithstanding Subsection A.2 of this section, subpoenas may not be
issued by a Participating State to gather evidence of conduct in another State that is lawful in that other State for the purpose of taking Adverse Action against a Licensee's Compact Privilege or application for a Compact Privilege in that Participating State.
4. Nothing in this Compact authorizes a Participating State to impose
discipline against a PA's Compact Privilege or to deny an application for a Compact Privilege in that Participating State for the individual's otherwise lawful practice in another State.
C. For purposes of taking Adverse Action, the Participating State which
issued the Qualifying License shall give the same priority and effect to reported conduct received from any other Participating State as it would if the conduct had occurred within the Participating State which issued the Qualifying License. In so doing, that Participating State shall apply its own State laws to determine appropriate action.
D. A Participating State, if otherwise permitted by State law, may recover
from the affected PA the costs of investigations and disposition of cases resulting from any Adverse Action taken against that PA.
E. A Participating State may take Adverse Action based on the factual
findings of a Remote State, provided that the Participating State follows its own procedures for taking the Adverse Action.
F. Joint Investigations
1. In addition to the authority granted to a Participating State by its
respective State PA laws and regulations or other applicable State law, any Participating State may participate with other Participating States in joint investigations of Licensees.
2. Participating States shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under this Compact.
G. If an Adverse Action is taken against a PA's Qualifying License, the PA's
Compact Privilege in all Remote States shall be deactivated until two (2) years have elapsed after all restrictions have been removed from the State License. All disciplinary orders by the Participating State which issued the Qualifying License that impose Adverse Action against a PA's License shall include a Statement that the PA's Compact Privilege is deactivated in all Participating States during the pendency of the order.
H. If any Participating State takes Adverse Action, it promptly shall notify
the administrator of the Data System.
Section 7.
Establishment of the
PA Licensure Compact Commission
A. The Participating States hereby create and establish a joint government
agency and national administrative body known as the PA Licensure Compact Commission. The Commission is an instrumentality of the Compact States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of the Compact as set forth in Section 11.A of this Compact.
B. Membership, Voting, and Meetings
1. Each Participating State shall have and be limited to one (1) delegate
selected by that Participating State's Licensing Board or, if the State has more than one Licensing Board, selected collectively by the Participating State's Licensing Boards.
2. The delegate shall be either:
a. A current PA, physician, or public member of a Licensing Board or PA
Council/Committee; or
b. An administrator of a Licensing Board.
3. Any delegate may be removed or suspended from office as provided by
the laws of the State from which the delegate is appointed.
4. The Participating State Licensing Board shall fill any vacancy occurring in
the Commission within sixty (60) days.
5. Each delegate shall be entitled to one (1) vote on all matters voted on by
the Commission and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telecommunications, video conference, or other means of communication.
6. The Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in this Compact and the bylaws.
7. The Commission shall establish by Rule a term of office for delegates.
C. The Commission shall have the following powers and duties:
1. Establish a code of ethics for the Commission;
2. Establish the fiscal year of the Commission;
3. Establish fees;
4. Establish bylaws;
5. Maintain its financial records in accordance with the bylaws;
6. Meet and take such actions as are consistent with the provisions of this
Compact and the bylaws;
7. Promulgate Rules to facilitate and coordinate implementation and
administration of this Compact. The Rules shall have the force and effect of law and shall be binding in all Participating States.
8. Bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected;
9. Purchase and maintain insurance and bonds;
10. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a Participating State;
11. Hire employees and engage contractors, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
12. Accept any and all appropriate donations and grants of money,
equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
13. Lease, purchase, accept appropriate gifts or donations of, or otherwise
own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed;
15. Establish a budget and make expenditures;
16. Borrow money;
17. Appoint committees, including standing committees composed of
members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
18. Provide and receive information from, and cooperate with, law
enforcement agencies;
19. Elect a chair, vice chair, secretary, and treasurer and such other officers
of the Commission as provided in the Commission's bylaws;
20. Reserve for itself, in addition to those reserved exclusively to the
Commission under the Compact, powers that the Executive Committee may not exercise;
21. Approve or disapprove a State's participation in the Compact based upon
its determination as to whether the State's Compact legislation departs in a material manner from the Model Compact language;
22. Prepare and provide to the Participating States an annual report; and
23. Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact consistent with the State regulation of PA licensure and practice.
D. Meetings of the Commission
1. All meetings of the Commission that are not closed pursuant to this
Subsection D.1 shall be open to the public. Notice of public meetings shall be posted on the Commission's website at least thirty (30) days prior to the public meeting.
2. Notwithstanding subsection D.1 of this section, the Commission may
convene a public meeting by providing at least twenty-four (24) hours prior notice on the Commission's website, and any other means as provided in the Commission's Rules, for any of the reasons it may dispense with notice of proposed rulemaking under Section 9.L of this Compact.
3. The Commission may convene in a closed, non-public meeting or non-public part of a public meeting to receive legal advice or to discuss:
a. Non-compliance of a Participating State with its obligations under this
Compact;
b. The employment, compensation, discipline or other enforcement matters,
practices, or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement
purposes;
i. Disclosure of information related to any investigative reports prepared by
or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this Compact;
j. Legal advice; or
k. Matters specifically exempted from disclosure by federal or Participating
States' statutes.
4. If a meeting, or portion of a meeting, is closed pursuant to this Subsection
D, the chair of the meeting or the chair's designee shall certify that the meeting or portion of the meeting may be closed and shall reference each relevant exempting provision.
5. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
E. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources,
donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each
Participating State and may impose Compact Privilege fees on Licensees of Participating States to whom a Compact Privilege is granted to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount levied on Participating States shall be allocated based upon a formula to be determined by Commission Rule.
a. A Compact Privilege expires when the Licensee's Qualifying License in the
Participating State from which the Licensee applied for the Compact Privilege expires.
b. If the Licensee terminates the Qualifying License through which the
Licensee applied for the Compact Privilege before its scheduled expiration, and the Licensee has a Qualifying License in another Participating State, the Licensee shall inform the Commission that the Licensee is changing to that Participating State the Participating State through which it applies for a Compact Privilege and pay to the Commission any Compact Privilege fee required by Commission Rule.
4. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Participating States, except by and with the authority of the Participating State.
5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.
F. The Executive Committee
1. The Executive Committee shall have the power to act on behalf of the
Commission according to the terms of this Compact and Commission Rules.
2. The Executive Committee shall be composed of nine (9) members:
a. Seven (7) voting members who are elected by the Commission from the
current membership of the Commission;
b. One (1) ex officio, nonvoting member from a recognized national PA
professional association; and
c. One (1) ex officio, nonvoting member from a recognized national PA
certification organization.
3. The ex officio members will be selected by their respective organizations.
4. The Commission may remove any member of the Executive Committee as
provided in its bylaws.
5. The Executive Committee shall meet at least annually.
6. The Executive Committee shall have the following duties and
responsibilities:
a. Recommend to the Commission changes to the Commission's Rules or
bylaws, changes to this Compact legislation, fees to be paid by Compact Participating States such as annual dues, and any Commission Compact fee charged to Licensees for the Compact Privilege;
b. Ensure Compact administration services are appropriately provided,
contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of Participating States and provide
compliance reports to the Commission;
f. Establish additional committees as necessary;
g. Exercise the powers and duties of the Commission during the interim
between Commission meetings, except for issuing proposed rulemaking or adopting Commission Rules or bylaws, or exercising any other powers and duties exclusively reserved to the Commission by the Commission's Rules; and
h. Perform other duties as provided in the Commission's Rules or bylaws.
7. All meetings of the Executive Committee at which it votes or plans to vote
on matters in exercising the powers and duties of the Commission shall be open to the public, and public notice of such meetings shall be given as public meetings of the Commission are given.
8. The Executive Committee may convene in a closed, non-public meeting for
the same reasons that the Commission may convene in a non-public meeting as set forth in Subsection D.3 of this Section and shall announce the closed meeting as the Commission is required to under Subsection D.4 of this Section and keep minutes of the closed meeting as the Commission is required to under Subsection D.5 of this Section.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees, and representatives
of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.
2. The Commission shall defend any member, officer, executive director,
employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
4. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses in any proceedings as authorized by Commission Rules.
5. Nothing herein shall be construed as a limitation on the liability of any
Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws.
6. Nothing herein shall be construed to designate the venue or jurisdiction to
bring actions for alleged acts of malpractice, professional misconduct, negligence, or other such civil action pertaining to the practice of a PA. All such matters shall be determined exclusively by State law other than this Compact.
7. Nothing in this Compact shall be interpreted to waive or otherwise
abrogate a Participating State's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.
8. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity by the Participating States or by the Commission.
Section 8.
Data System
A. The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated data and reporting system containing licensure information, Adverse Action information, and the reporting of the existence of Significant Investigative Information on all licensed PAs and applicants denied a License in Participating States.
B. Notwithstanding any other State law to the contrary, a Participating State
shall submit a uniform data set to the Data System on all PAs to whom this Compact is applicable (utilizing a unique identifier) as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a License or Compact Privilege;
4. Any denial of application for licensure, and the reason(s) for such denial
(excluding the reporting of any criminal history record information where prohibited by law);
5. The existence of Significant Investigative Information; and
6. Other information that may facilitate the administration of this Compact,
as determined by the Rules of the Commission.
C. Significant Investigative Information pertaining to a Licensee in any
Participating State shall only be available to other Participating States.
D. The Commission shall promptly notify all Participating States of any
Adverse Action taken against a Licensee or an individual applying for a License that has been reported to it. This Adverse Action information shall be available to any other Participating State.
E. Participating States contributing information to the Data System may, in
accordance with State or federal law, designate information that may not be shared with the public without the express permission of the contributing State. Notwithstanding any such designation, such information shall be reported to the Commission through the Data System.
F. Any information submitted to the Data System that is subsequently
expunged pursuant to federal law or the laws of the Participating State contributing the information shall be removed from the Data System upon reporting of such by the Participating State to the Commission.
G. The records and information provided to a Participating State pursuant to
this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Participating State.
Section 9.
Rulemaking
A. The Commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this Section and the Rules adopted thereunder. Commission Rules shall become binding as of the date specified by the Commission for each Rule.
B. The Commission shall promulgate reasonable Rules in order to effectively
and efficiently implement and administer this Compact and achieve its purposes. A Commission Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, or based upon another applicable standard of review.
C. The Rules of the Commission shall have the force of law in each
Participating State, provided however that where the Rules of the Commission conflict with the laws of the Participating State that establish the Medical Services a PA may perform in the Participating State, as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict.
D. If a majority of the legislatures of the Participating States rejects a
Commission Rule, by enactment of a statute or resolution in the same manner used to adopt this Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Participating State or to any State applying to participate in the Compact.
E. Commission Rules shall be adopted at a regular or special meeting of the
Commission.
F. Prior to promulgation and adoption of a final Rule or Rules by the
Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:
1. On the website of the Commission or other publicly accessible platform;
2. To persons who have requested the Commission's notices of proposed
rulemaking; and
3. In such other way(s) as the Commission may by Rule specify.
G. The notice of proposed rulemaking shall include:
1. The time, date, and location of the public hearing on the proposed Rule and
the proposed time, date, and location of the meeting in which the proposed Rule will be considered and voted upon;
2. The text of the proposed Rule and the reason for the proposed Rule;
3. A request for comments on the proposed Rule from any interested person
and the date by which written comments must be received; and
4. The manner in which interested persons may submit notice to the
Commission of their intention to attend the public hearing or provide any written comments.
H. Prior to adoption of a proposed Rule, the Commission shall allow persons
to submit written data, facts, opinions, and arguments, which shall be made available to the public.
I. If the hearing is to be held via electronic means, the Commission shall
publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall as directed in the
notice of proposed rulemaking, not less than five (5) business days before the scheduled date of the hearing, notify the Commission of their desire to appear and testify at the hearing.
2. Hearings shall be conducted in a manner providing each person who
wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings shall be recorded. A copy of the recording and the written
comments, data, facts, opinions, and arguments received in response to the proposed rulemaking shall be made available to a person upon request.
4. Nothing in this section shall be construed as requiring a separate hearing
on each proposed Rule. Proposed Rules may be grouped for the convenience of the Commission at hearings required by this section.
J. Following the public hearing the Commission shall consider all written and
oral comments timely received.
K. The Commission shall, by majority vote of all delegates, take final action
on the proposed Rule and shall determine the effective date of the Rule, if adopted, based on the rulemaking record and the full text of the Rule.
1. If adopted, the Rule shall be posted on the Commission's website.
2. The Commission may adopt changes to the proposed Rule provided the
changes do not enlarge the original purpose of the proposed Rule.
3. The Commission shall provide on its website an explanation of the reasons
for substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.
4. The Commission shall determine a reasonable effective date for the Rule.
Except for an emergency as provided in Subsection L of this section, the effective date of the Rule shall be no sooner than thirty (30) days after the Commission issued the notice that it adopted the Rule.
L. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule with twenty-four (24) hours prior notice, without the opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this Subsection L, an emergency Rule is one that must be adopted immediately by the Commission in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Participating State funds;
3. Meet a deadline for the promulgation of a Commission Rule that is
established by federal law or Rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Commission Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made as set forth in the notice of revisions and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
N. No Participating State's rulemaking requirements shall apply under this
Compact.
Section 10.
Oversight, Dispute Resolution, and Enforcement
A. Oversight
1. The executive and judicial branches of State government in each
Participating State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.
2. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct, or any such similar matter.
3. The Commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the Compact or the Commission's Rules and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission with service of process shall render a judgment or order in such proceeding void as to the Commission, this Compact, or Commission Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Participating State has defaulted in
the performance of its obligations or responsibilities under this Compact or the Commission Rules, the Commission shall provide written notice to the defaulting State and other Participating States. The notice shall describe the default, the proposed means of curing the default, and any other action that the Commission may take and shall offer remedial training and specific technical assistance regarding the default.
2. If a State in default fails to cure the default, the defaulting State may be
terminated from this Compact upon an affirmative vote of a majority of the delegates of the Participating States, and all rights, privileges, and benefits conferred by this Compact upon such State may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
3. Termination of participation in this Compact shall be imposed only after
all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and the Licensing Board(s) of each of the Participating States.
4. A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a State that is found to
be in default or that has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting State.
6. The defaulting State may appeal its termination from the Compact by the
Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
7. Upon the termination of a State's participation in the Compact, the State
shall immediately provide notice to all Licensees within that State of such termination:
a. Licensees who have been granted a Compact Privilege in that State shall
retain the Compact Privilege for one hundred eighty (180) days following the effective date of such termination.
b. Licensees who are licensed in that State who have been granted a
Compact Privilege in a Participating State shall retain the Compact Privilege for one hundred eighty (180) days unless the Licensee also has a Qualifying License in a Participating State or obtains a Qualifying License in a Participating State before the one hundred eighty (180)-day period ends, in which case the Compact Privilege shall continue.
C. Dispute Resolution
1. Upon request by a Participating State, the Commission shall attempt to
resolve disputes related to this Compact that arise among Participating States and between participating and non-Participating States.
2. The Commission shall promulgate a Rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
D. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce
the provisions of this Compact and Rules of the Commission.
2. If compliance is not secured after all means to secure compliance have
been exhausted, by majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices, against a Participating State in default to enforce compliance with the provisions of this Compact and the Commission's promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
3. The remedies herein shall not be the exclusive remedies of the
Commission. The Commission may pursue any other remedies available under federal or State law.
E. Legal Action Against the Commission
1. A Participating State may initiate legal action against the Commission in
the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices to enforce compliance with the provisions of the Compact and its Rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
2. No person other than a Participating State shall enforce this Compact
against the Commission.
Section 11.
Date of Implementation of the
PA Licensure Compact Commission
A. This Compact shall come into effect on the date on which this Compact
statute is enacted into law in the seventh Participating State.
1. On or after the effective date of this Compact, the Commission shall
convene and review the enactment of each of the States that enacted this Compact prior to the Commission convening (Charter Participating States) to determine if the statute enacted by each such Charter Participating State is materially different than the Model Compact.
a. A Charter Participating State whose enactment is found to be materially
different from the Model Compact shall be entitled to the default process set forth in Section 10.B of this Compact.
b. If any Participating State later withdraws from the Compact or its
participation is terminated, the Commission shall remain in existence and the Compact shall remain in effect even if the number of Participating States should be less than seven. Participating States enacting the Compact subsequent to the Commission convening shall be subject to the process set forth in Section 7.C.21 of this Compact to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in the Compact.
2. Participating States enacting this Compact subsequent to the seven initial
Charter Participating States shall be subject to the process set forth in Section 7.C.21 of this Compact to determine if their enactments are materially different from the Model Compact and whether they qualify for participation in the Compact.
3. All actions tak
C.R.S. § 24-60-4801
24-60-4801. Compact approved and ratified. The general assembly approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado and any of the United States or other jurisdictions legally joining in the compact in the form substantially as follows:
SECTION 1.
TITLE AND PURPOSE
This compact shall be known and cited as the Dentist and Dental Hygienist
Compact. The purposes of this Compact are to facilitate the interstate practice of dentistry and dental hygiene and improve public access to dentistry and dental hygiene services by providing Dentists and Dental Hygienists licensed in a Participating State the ability to practice in Participating States in which they are not licensed. The Compact does this by establishing a pathway for Dentists and Dental Hygienists licensed in a Participating State to obtain a Compact Privilege that authorizes them to practice in another Participating State in which they are not licensed. The Compact enables Participating States to protect the public health and safety with respect to the practice of such Dentists and Dental Hygienists, through the State's authority to regulate the practice of dentistry and dental hygiene in the State. The Compact:
A. Enables Dentists and Dental Hygienists who qualify for a Compact
Privilege to practice in other Participating States without satisfying burdensome and duplicative requirements associated with securing a License to practice in those States;
B. Promotes mobility and addresses workforce shortages through each
Participating State's acceptance of a Compact Privilege to practice in that State;
C. Increases public access to qualified, licensed Dentists and Dental
Hygienists by creating a responsible, streamlined pathway for Licensees to practice in Participating States;
D. Enhances the ability of Participating States to protect the public's health
and safety;
E. Does not interfere with licensure requirements established by a
Participating State;
F. Facilitates the sharing of licensure and disciplinary information among
Participating States;
G. Requires Dentists and Dental Hygienists who practice in a Participating
State pursuant to a Compact Privilege to practice within the Scope of Practice authorized in that State;
H. Extends the authority of a Participating State to regulate the practice of
dentistry and dental hygiene within its borders to Dentists and Dental Hygienists who practice in the State through a Compact Privilege;
I. Promotes the cooperation of Participating States in regulating the practice
of dentistry and dental hygiene within those States;
J. Facilitates the relocation of military members and their spouses who are
licensed to practice dentistry or dental hygiene.
SECTION 2.
DEFINITIONS
As used in this Compact, unless the context requires otherwise, the following
definitions shall apply:
A. Active Military Member means any person with full-time duty status in
the armed forces of the United States, including members of the National Guard and Reserve.
B. Adverse Action means disciplinary action or encumbrance imposed on a
License or Compact Privilege by a State Licensing Authority.
C. Alternative Program means a non-disciplinary monitoring or practice
remediation process applicable to a Dentist or Dental Hygienist approved by a State Licensing Authority of a Participating State in which the Dentist or Dental Hygienist is licensed. This includes, but is not limited to, programs to which Licensees with substance abuse or addiction issues are referred in lieu of Adverse Action.
D. Clinical Assessment means an examination or process, required for
licensure as a Dentist or Dental Hygienist, as applicable, that provides evidence of clinical competence in dentistry or dental hygiene.
E. Commissioner means the individual appointed by a Participating State to
serve as the member of the Commission for that Participating State.
F. Compact means this Dentist and Dental Hygienist Compact.
G. Compact Privilege means the authorization granted by a Remote State
to allow a Licensee from a Participating State to practice as a Dentist or Dental Hygienist in a Remote State.
H. Continuing Professional Development means a requirement, as a
condition of License renewal, to provide evidence of successful participation in educational or professional activities relevant to practice or area of work.
I. Criminal Background Check means the submission of fingerprints or
other biometric-based information for a License applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 CFR 20.3 (d) from the Federal Bureau of Investigation and the State's criminal history record repository as defined in 28 CFR 20.3 (f).
J. Data System means the Commission's repository of information about
Licensees, including but not limited to examination, licensure, investigative, Compact Privilege, Adverse Action, and Alternative Program.
K. Dental Hygienist means an individual who is licensed by a State
Licensing Authority to practice dental hygiene.
L. Dentist means an individual who is licensed by a State Licensing
Authority to practice dentistry.
M. Dentist and Dental Hygienist Compact Commission or Commission
means a joint government agency established by this Compact comprised of each State that has enacted the Compact and a national administrative body comprised of a Commissioner from each State that has enacted the Compact.
N. Encumbered License means a License that a State Licensing Authority
has limited in any way other than through an Alternative Program.
O. Executive Board means the Chair, Vice Chair, Secretary, and Treasurer
and any other Commissioners as may be determined by Commission Rule or bylaw.
P. Jurisprudence Requirement means the assessment of an individual's
knowledge of the laws and Rules governing the practice of dentistry or dental hygiene, as applicable, in a State.
Q. License means current authorization by a State, other than authorization
pursuant to a Compact Privilege or other privilege for an individual to practice as a Dentist or Dental Hygienist in that State.
R. Licensee means an individual who holds an unrestricted License from a
Participating State to practice as a Dentist or Dental Hygienist in that State.
S. Model Compact means the model for the Dentist and Dental Hygienist
Compact on file with the Council of State Governments or other entity as designated by the Commission.
T. Participating State means a State that has enacted the Compact and
been admitted to the Commission in accordance with the provisions herein and Commission Rules.
U. Qualifying License means a License that is not an Encumbered License
issued by a Participating State to practice dentistry or dental hygiene.
V. Remote State means a Participating State where a Licensee who is not
licensed as a Dentist or Dental Hygienist is exercising or seeking to exercise the Compact Privilege.
W. Rule means a regulation promulgated by an entity that has the force of
law.
X. Scope of Practice means the procedures, actions, and processes a
Dentist or Dental Hygienist licensed in a State is permitted to undertake in that State and the circumstances under which the Licensee is permitted to undertake those procedures, actions, and processes. Such procedures, actions, and processes and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law, and other processes available to the State Licensing Authority or other government agency.
Y. Significant Investigative Information means information, records, and
documents received or generated by a State Licensing Authority pursuant to an investigation for which a determination has been made that there is probable cause to believe that the Licensee has violated a statute or regulation that is considered more than a minor infraction for which the State Licensing Authority could pursue Adverse Action against the Licensee.
Z. State means any state, commonwealth, district, or territory of the United
States of America that regulates the practices of dentistry and dental hygiene.
AA. State Licensing Authority means an agency or other entity of a State
that is responsible for the licensing and regulation of Dentists or Dental Hygienists.
SECTION 3.
STATE PARTICIPATION IN THE COMPACT
A. In order to join the Compact and thereafter continue as a Participating
State, a State must:
1. Enact a compact that is not materially different from the Model Compact
as determined in accordance with Commission Rules;
2. Participate fully in the Commission's Data System;
3. Have a mechanism in place for receiving and investigating complaints
about its Licensees and License applicants;
4. Notify the Commission, in compliance with the terms of the Compact and
Commission Rules, of any Adverse Action or the availability of Significant Investigative Information regarding a Licensee and License applicant;
5. Fully implement a Criminal Background Check requirement, within a time
frame established by Commission Rule, by receiving the results of a qualifying Criminal Background Check;
6. Comply with the Commission Rules applicable to a Participating State;
7. Accept the National Board Examinations of the Joint Commission on
National Dental Examinations or another examination accepted by Commission Rule as a licensure examination;
8. Accept for licensure applicants for a Dentist License who graduate from a
predoctoral dental education program accredited by the Commission on Dental Accreditation, or another accrediting agency recognized by the United States Department of Education for the accreditation of dentistry and dental hygiene education programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;
9. Accept for licensure applicants for a Dental Hygienist License who
graduate from a dental hygiene education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the United States Department of Education for the accreditation of dentistry and dental hygiene education programs;
10. Require for licensure that applicants successfully complete a Clinical
Assessment;
11. Have Continuing Professional Development requirements as a condition
for License renewal; and
12. Pay a participation fee to the Commission as established by Commission
Rule.
B. Providing alternative pathways for an individual to obtain an unrestricted
License does not disqualify a State from participating in the Compact.
C. When conducting a Criminal Background Check, the State Licensing
Authority shall:
1. Consider that information in making a licensure decision;
2. Maintain documentation of completion of the Criminal Background Check
and background check information to the extent allowed by State and federal law; and
3. Report to the Commission whether it has completed the Criminal
Background Check and whether the individual was granted or denied a License.
D. A Licensee of a Participating State who has a Qualifying License in that
State and does not hold an Encumbered License in any other Participating State shall be issued a Compact Privilege in a Remote State in accordance with the terms of the Compact and Commission Rules. If a Remote State has a Jurisprudence Requirement, a Compact Privilege will not be issued to the Licensee unless the Licensee has satisfied the Jurisprudence Requirement.
SECTION 4.
COMPACT PRIVILEGE
A. To obtain and exercise the Compact Privilege under the terms and
provisions of the Compact, the Licensee shall:
1. Have a Qualifying License as a Dentist or Dental Hygienist in a
Participating State;
2. Be eligible for a Compact Privilege in any Remote State in accordance
with subsection D, G, and H of this section;
3. Submit to an application process whenever the Licensee is seeking a
Compact Privilege;
4. Pay any applicable Commission and Remote State fees for a Compact
Privilege in the Remote State;
5. Meet any Jurisprudence Requirement established by a Remote State in
which the Licensee is seeking a Compact Privilege;
6. Have passed a National Board Examination of the Joint Commission on
National Dental Examinations or another examination accepted by Commission Rule;
7. For a Dentist, have graduated from a predoctoral dental education
program accredited by the Commission on Dental Accreditation, or another accrediting agency recognized by the United States Department of Education for the accreditation of dentistry and dental hygiene education programs, leading to the Doctor of Dental Surgery (D.D.S.) or Doctor of Dental Medicine (D.M.D.) degree;
8. For a Dental Hygienist, have graduated from a dental hygiene education
program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the United States Department of Education for the accreditation of dentistry and dental hygiene education programs;
9. Have successfully completed a Clinical Assessment for licensure;
10. Report to the Commission Adverse Action taken by any non-Participating
State when applying for a Compact Privilege and, otherwise, within thirty (30) days from the date the Adverse Action is taken;
11. Report to the Commission when applying for a Compact Privilege the
address of the Licensee's primary residence and thereafter immediately report to the Commission any change in the address of the Licensee's primary residence; and
12. Consent to accept service of process by mail at the Licensee's primary
residence on record with the Commission with respect to any action brought against the Licensee by the Commission or a Participating State and consent to accept service of a subpoena by mail at the Licensee's primary residence on record with the Commission with respect to any action brought or investigation conducted by the Commission or a Participating State.
B. The Licensee must comply with the requirements of subsection A of this
section to maintain the Compact Privilege in the Remote State. If those requirements are met, the Compact Privilege will continue as long as the Licensee maintains a Qualifying License in the State through which the Licensee applied for the Compact Privilege and pays any applicable Compact Privilege renewal fees.
C. A Licensee providing dentistry or dental hygiene in a Remote State under
the Compact Privilege shall function within the Scope of Practice authorized by the Remote State for a Dentist or Dental Hygienist licensed in that State.
D. A Licensee providing dentistry or dental hygiene pursuant to a Compact
Privilege in a Remote State is subject to that State's regulatory authority. A Remote State may, in accordance with due process and that State's laws, by Adverse Action revoke or remove a Licensee's Compact Privilege in the Remote State for a specific period of time and impose fines or take any other necessary actions to protect the health and safety of its citizens. If a Remote State imposes an Adverse Action against a Compact Privilege that limits the Compact Privilege, that Adverse Action applies to all Compact Privileges in all Remote States. A Licensee whose Compact Privilege in a Remote State is removed for a specified period of time is not eligible for a Compact Privilege in any other Remote State until the specific time for removal of the Compact Privilege has passed and all encumbrance requirements are satisfied.
E. If a License in a Participating State is an Encumbered License, the
Licensee shall lose the Compact Privilege in a Remote State and shall not be eligible for a Compact Privilege in any Remote State until the License is no longer encumbered.
F. Once an Encumbered License in a Participating State is restored to good
standing, the Licensee must meet the requirements of subsection A of this section to obtain a Compact Privilege in a Remote State.
G. If a Licensee's Compact Privilege in a Remote State is removed by the
Remote State, the individual shall lose or be ineligible for the Compact Privilege in any Remote State until the following occur:
1. The specific period of time for which the Compact Privilege was removed
has ended; and
2. All conditions for removal of the Compact Privilege have been satisfied.
H. Once the requirements of subsection G of this section have been met, the
Licensee must meet the requirements in subsection A of this section to obtain a Compact Privilege in a Remote State.
SECTION 5
ACTIVE MILITARY MEMBERS OR THEIR SPOUSES
An Active Military Member and their spouse shall not be required to pay to
the Commission for a Compact Privilege the fee otherwise charged by the Commission. If a Remote State chooses to charge a fee for a Compact Privilege, it may choose to charge a reduced fee or no fee to an Active Military Member and their spouse for a Compact Privilege.
SECTION 6.
ADVERSE ACTIONS
A. A Participating State in which a Licensee is licensed shall have exclusive
authority to impose Adverse Action against the Qualifying License issued by that Participating State.
B. A Participating State may take Adverse Action based on the Significant
Investigative Information of a Remote State, so long as the Participating State follows its own procedures for imposing Adverse Action.
C. Nothing in this Compact shall override a Participating State's decision
that participation in an Alternative Program may be used in lieu of Adverse Action and that such participation shall remain non-public if required by the Participating State's laws. Participating States must require Licensees who enter any Alternative Program in lieu of discipline to agree not to practice pursuant to a Compact Privilege in any other Participating State during the term of the Alternative Program without prior authorization from such other Participating State.
D. Any Participating State in which a Licensee is applying to practice or is
practicing pursuant to a Compact Privilege may investigate actual or alleged violations of the statutes and regulations authorizing the practice of dentistry or dental hygiene in any other Participating State in which the Dentist or Dental Hygienist holds a License or Compact Privilege.
E. A Remote State shall have the authority to:
1. Take Adverse Actions as set forth in Section 4.D against a Licensee's
Compact Privilege in the State;
2. In furtherance of its rights and responsibilities under the Compact and the
Commission's Rules, issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a State Licensing Authority in a Participating State for the attendance and testimony of witnesses, or the production of evidence from another Participating State, shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State where the witnesses or evidence is located; and
3. If otherwise permitted by State law, recover from the Licensee the costs
of investigations and disposition of cases resulting from any Adverse Action taken against that Licensee.
F. Joint Investigations
1. In addition to the authority granted to a Participating State by its Dentist
or Dental Hygienist licensure act or other applicable State law, a Participating State may jointly investigate Licensees with other Participating States.
2. Participating States shall share any Significant Investigative Information,
litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
G. Authority to Continue Investigation
1. After a Licensee's Compact Privilege in a Remote State is terminated, the
Remote State may continue an investigation of the Licensee that began when the Licensee had a Compact Privilege in that Remote State.
2. If the investigation yields what would be Significant Investigative
Information had the Licensee continued to have a Compact Privilege in that Remote State, the Remote State shall report the presence of such information to the Data System as required by Section 8.B.6 as if it was Significant Investigative Information.
SECTION 7.
ESTABLISHMENT AND OPERATION OF THE COMMISSION
A. The Compact Participating States hereby create and establish a joint
government agency whose membership consists of all Participating States that have enacted the Compact. The Commission is an instrumentality of the Participating States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of the Compact as set forth in Section 11.A.
B. Participation, Voting, and Meetings
1. Each Participating State shall have and be limited to one (1) Commissioner
selected by that Participating State's State Licensing Authority or, if the State has more than one State Licensing Authority, selected collectively by the State Licensing Authorities.
2. The Commissioner shall be a member or designee of such Authority or
Authorities.
3. The Commission may by Rule or bylaw establish a term of office for
Commissioners and may by Rule or bylaw establish term limits.
4. The Commission may recommend to a State Licensing Authority or
Authorities, as applicable, removal or suspension of an individual as the State's Commissioner.
5. A Participating State's State Licensing Authority, or Authorities, as
applicable, shall fill any vacancy of its Commissioner on the Commission within sixty (60) days of the vacancy.
6. Each Commissioner shall be entitled to one vote on all matters that are
voted upon by the Commission.
7. The Commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference, or other similar electronic means.
C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish a code of conduct and conflict of interest policies;
3. Adopt Rules and bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this
Compact, the Commission's Rules, and the bylaws;
6. Initiate and conclude legal proceedings or actions in the name of the
Commission, provided that the standing of any State Licensing Authority to sue or be sued under applicable law shall not be affected;
7. Maintain and certify records and information provided to a Participating
State as the authenticated business records of the Commission and designate a person to do so on the Commission's behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a Participating State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
12. As set forth in the Commission Rules, charge a fee to a Licensee for the
grant of a Compact Privilege in a Remote State and thereafter, as may be established by Commission Rule, charge the Licensee a Compact Privilege renewal fee for each renewal period in which that Licensee exercises or intends to exercise the Compact Privilege in that Remote State. Nothing herein shall be construed to prevent a Remote State from charging a Licensee a fee for a Compact Privilege or renewals of a Compact Privilege, or a fee for the Jurisprudence Requirement if the Remote State imposes such a requirement for the grant of a Compact Privilege.
13. Accept any and all appropriate gifts, donations, grants of money, other
sources of revenue, equipment, supplies, materials, and services and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety, conflict of interest, or both;
14. Lease, purchase, retain, own, hold, improve, or use any property, real,
personal, or mixed, or any undivided interest therein;
15. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed;
16. Establish a budget and make expenditures;
17. Borrow money;
18. Appoint committees, including standing committees, which may be
composed of members, State regulators, State legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
19. Provide and receive information from, and cooperate with, law
enforcement agencies;
20. Elect a Chair, Vice Chair, Secretary, Treasurer, and such other officers of
the Commission as provided in the Commission's bylaws;
21. Establish and elect an Executive Board;
22. Adopt and provide to the Participating States an annual report;
23. Determine whether a State's enacted compact is materially different
from the Model Compact language such that the State would not qualify for participation in the Compact; and
24. Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact.
D. Meetings of the Commission
1. All meetings of the Commission that are not closed pursuant to this
subsection D shall be open to the public. Notice of public meetings shall be posted on the Commission's website at least thirty (30) days prior to the public meeting.
2. Notwithstanding subsection D.1 of this section, the Commission may
convene an emergency public meeting by providing at least twenty-four (24) hours' prior notice on the Commission's website and by any other means as provided in the Commission's Rules for any of the reasons it may dispense with notice of proposed rulemaking under Section 9.L. The Commission's legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.
3. Notice of all Commission meetings shall provide the time, date, and
location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting through such means.
4. The Commission may convene in a closed, non-public meeting for the
Commission to receive legal advice or to discuss:
a. Non-compliance of a Participating State with its obligations under the
Compact;
b. The employment, compensation, discipline or other matters, practices or
procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
c. Current or threatened discipline of a Licensee or Compact Privilege holder
by the Commission or by a Participating State's Licensing Authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
f. Accusing any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or
confidential;
h. Information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. Information related to any investigative reports prepared by or on behalf of
or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;
k. Legal advice;
l. Matters specifically exempted from disclosure to the public by federal or
Participating State law; and
m. Other matters as promulgated by the Commission by Rule.
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall
state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
6. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.
E. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate sources of revenue,
donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each
Participating State and impose fees on Licensees of Participating States when a Compact Privilege is granted to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each fiscal year for which sufficient revenue is not provided by other sources. The aggregate annual assessment amount for Participating States shall be allocated based upon a formula that the Commission shall promulgate by Rule.
4. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit of any Participating State, except by and with the authority of the Participating State.
5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.
F. The Executive Board
1. The Executive Board shall have the power to act on behalf of the
Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Board shall include:
a. Overseeing the day-to-day activities of the administration of the Compact
including compliance with the provisions of the Compact, the Commission's Rules, and bylaws;
b. Recommending to the Commission changes to the Rules or bylaws,
changes to this Compact legislation, fees charged to Compact Participating States, fees charged to Licensees, and other fees;
c. Ensuring Compact administration services are appropriately provided,
including by contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the Commission;
f. Monitoring Compact compliance of Participating States and providing
compliance reports to the Commission;
g. Establishing additional committees as necessary;
h. Exercising the powers and duties of the Commission during the interim
between Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by Rule or bylaw; and
i. Other duties as provided in the Rules or bylaws of the Commission.
2. The Executive Board shall be composed of up to seven (7) members:
a. The Chair, Vice Chair, Secretary, Treasurer, and any other members of the
Commission who serve on the Executive Board shall be voting members of the Executive Board; and
b. Other than the Chair, Vice Chair, Secretary, and Treasurer, the Commission
may elect up to three (3) voting members from the current membership of the Commission.
3. The Commission may remove any member of the Executive Board as
provided in the Commission's bylaws.
4. The Executive Board shall meet at least annually.
a. An Executive Board meeting at which it takes or intends to take formal
action on a matter shall be open to the public, except that the Executive Board may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under subsection D.4 of this section.
b. The Executive Board shall give five (5) business days' notice of its public
meetings, posted on its website and as it may otherwise determine to provide notice to persons with an interest in the public matters the Executive Board intends to address at those meetings.
5. The Executive Board may hold an emergency meeting when acting for the
Commission to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of Commission or Participating State funds; or
c. Protect public health and safety.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees, and representatives
of the Commission shall be immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties, or responsibilities; provided that nothing in this subsection G.1 shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission shall not in any way compromise or limit the immunity granted hereunder.
2. The Commission shall defend any member, officer, executive director,
employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. Notwithstanding subsection G.1 of this section, should any member,
officer, executive director, employee, or representative of the Commission be held liable for the amount of any settlement or judgment arising out of any actual or alleged act, error, or omission that occurred within the scope of that individual's employment, duties, or responsibilities for the Commission, or that the person to whom that individual is liable had a reasonable basis for believing occurred within the scope of the individual's employment, duties, or responsibilities for the Commission, the Commission shall indemnify and hold harmless such individual, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of the individual.
4. Nothing herein shall be construed as a limitation on the liability of any
Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws.
5. Nothing in this Compact shall be interpreted to waive or otherwise
abrogate a Participating State's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity by the Participating States or by the Commission.
SECTION 8.
DATA SYSTEM
A. The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated database and reporting system containing licensure, Adverse Action, and the presence of Significant Investigative Information on all Licensees and applicants for a License in Participating States.
B. Notwithstanding any other provision of State law to the contrary, a
Participating State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a Licensee, License applicant, or Compact
Privilege and information related thereto;
4. Non-confidential information related to Alternative Program participation,
the beginning and ending dates of such participation, and other information related to such participation;
5. Any denial of an application for licensure, and the reason(s) for such
denial, excluding the reporting of any criminal history record information where prohibited by law;
6. The presence of Significant Investigative Information; and
7. Other information that may facilitate the administration of this Compact or
the protection of the public, as determined by the Rules of the Commission.
C. The records and information provided to a Participating State pursuant to
this Compact or through the Data System, when certified by the Commission or an agent thereof, shall constitute the authenticated business records of the Commission and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Participating State.
D. Significant Investigative Information pertaining to a Licensee in any
Participating State will only be available to other Participating States.
E. It is the responsibility of the Participating States to monitor the database
to determine whether Adverse Action has been taken against a Licensee or License applicant. Adverse Action information pertaining to a Licensee or License applicant in any Participating State will be available to any other Participating State.
F. Participating States contributing information to the Data System may
designate information that may not be shared with the public without the express permission of the contributing State.
G. Any information submitted to the Data System that is subsequently
expunged pursuant to federal law or the laws of the Participating State contributing the information shall be removed from the Data System.
SECTION 9.
RULEMAKING
A. The Commission shall promulgate reasonable Rules in order to effectively
and efficiently implement and administer the purposes and provisions of the Compact. A Commission Rule shall be invalid and have no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review.
B. The Rules of the Commission shall have the force of law in each
Participating State, provided however that where the Rules of the Commission conflict with the laws of the Participating State that establish the Participating State's Scope of Practice as held by a court of competent jurisdiction, the Rules of the Commission shall be ineffective in that State to the extent of the conflict.
C. The Commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this section and the Rules adopted thereunder. Rules shall become binding as of the date specified by the Commission for each Rule.
D. If a majority of the legislatures of the Participating States rejects a
Commission Rule or portion of a Commission Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Participating State or to any State applying to participate in the Compact.
E. Rules shall be adopted at a regular or special meeting of the Commission.
F. Prior to adoption of a proposed Rule, the Commission shall hold a public
hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule by the Commission, and at least thirty
(30) days in advance of the meeting at which the Commission will hold a public hearing on the proposed Rule, the Commission shall provide a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform;
2. To persons who have requested notice of the Commission's notices of
proposed rulemaking; and
3. In such other way(s) as the Commission may by Rule specify.
H. The Notice of Proposed Rulemaking shall include:
1. The time, date, and location of the public hearing at which the Commission
will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed Rule;
2. If the hearing is held via telecommunication, video conference, or other
electronic means, the Commission shall include the mechanism for access to the hearing in the Notice of Proposed Rulemaking;
3. The text of the proposed Rule and the reason therefor;
4. A request for comments on the proposed Rule from any interested person;
and
5. The manner in which interested persons may submit written comments.
I. All hearings will be recorded. A copy of the recording and all written
comments and documents received by the Commission in response to the proposed Rule shall be available to the public.
J. Nothing in this section shall be construed as requiring a separate hearing
on each Commission Rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
K. The Commission shall, by majority vote of all Commissioners, take final
action on the proposed Rule based on the rulemaking record.
1. The Commission may adopt changes to the proposed Rule provided the
changes do not enlarge the original purpose of the proposed Rule.
2. The Commission shall provide an explanation of the reasons for
substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.
3. The Commission shall determine a reasonable effective date for the Rule.
Except for an emergency as provided in subsection L of this section, the effective date of the Rule shall be no sooner than thirty (30) days after the Commission issues the notice that it adopted or amended the Rule.
L. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule with 24 hours' notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Participating State funds;
3. Meet a deadline for the promulgation of a Rule that is established by
federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
N. No Participating State's rulemaking requirements shall apply under this
Compact.
SECTION 10.
OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive and judicial branches of State government in each
Participating State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.
2. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein shall affect or limit the selection or propriety of venue in any action against a Licensee for professional malpractice, misconduct, or any such similar matter.
3. The Commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the Compact or Commission Rule and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Participating State has defaulted in
the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall provide written notice to the defaulting State. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.
2. The Commission shall provide a copy of the notice of default to the other
Participating States.
C. If a State in default fails to cure the default, the defaulting State may be
terminated from the Compact upon an affirmative vote of a majority of the Commissioners, and all rights, privileges, and benefits conferred on that State by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
D. Termination of participation in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, the defaulting State's State Licensing Authority or Authorities, as applicable, and each of the Participating States' State Licensing Authority or Authorities, as applicable.
E. A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
F. Upon the termination of a State's participation in this Compact, that State
shall immediately provide notice to all Licensees of the State, including Licensees of other Participating States issued a Compact Privilege to practice within that State, of such termination. The terminated State shall continue to recognize all Compact Privileges then in effect in that State for a minimum of one hundred eighty (180) days aft
C.R.S. § 24-60-4901
24-60-4901. Compact approved and ratified. The general assembly approves and ratifies, and the governor shall enter into, a compact on behalf of the state of Colorado and any of the United States or other jurisdictions legally joining in the compact in the form substantially as follows:
ARTICLE 1
PURPOSE
The purpose of this Compact is to facilitate the interstate practice and
regulation of Cosmetology with the goal of improving public access to, and the safety of, Cosmetology Services and reducing unnecessary burdens related to Cosmetology licensure. Through this Compact, the Member States seek to establish a regulatory framework which provides for a new multistate licensing program. Through this new licensing program, the Member States seek to provide increased value and mobility to licensed Cosmetologists in the Member States, while ensuring the provision of safe, effective, and reliable services to the public.
This Compact is designed to achieve the following objectives, and the
Member States hereby ratify the same intentions by subscribing hereto:
A. Provide opportunities for interstate practice by Cosmetologists who meet
uniform requirements for multistate licensure;
B. Enhance the abilities of Member States to protect public health and
safety and prevent fraud and unlicensed activity within the profession;
C. Ensure and encourage cooperation between Member States in the
licensure and regulation of the Practice of Cosmetology;
D. Support relocating military members and their spouses;
E. Facilitate the exchange of information between Member States related to
the licensure, investigation, and discipline of the Practice of Cosmetology;
F. Provide for the licensure and mobility of the workforce in the profession,
while addressing the shortage of workers and lessening the associated burdens on the Member States.
ARTICLE 2
DEFINITIONS
As used in this Compact, and except as otherwise provided, the following
definitions shall govern the terms herein:
A. Active Military Member means any person with full-time duty status in
the armed forces of the United States, including members of the National Guard and Reserve.
B. Adverse Action means any administrative, civil, equitable, or criminal
action permitted by a Member State's laws which is imposed by a State Licensing Authority or other regulatory body against a Cosmetologist, including actions against an individual's license or Authorization to Practice such as revocation, suspension, probation, monitoring of the Licensee, limitation of the Licensee's practice, or any other Encumbrance on a license affecting an individual's ability to participate in the Cosmetology industry, including the issuance of a cease and desist order.
C. Alternative Program means a non-disciplinary monitoring or
prosecutorial diversion program approved by a Member State's State Licensing Authority.
D. Authorization to Practice means a legal authorization associated with a
Multistate License permitting the Practice of Cosmetology in that Remote State, which is subject to the enforcement jurisdiction of the State Licensing Authority in that Remote State.
E. Background Check means the submission of information for an applicant
for the purpose of obtaining that applicant's criminal history record information, as further defined in 28 CFR 20.3 (d), from the Federal Bureau of Investigation and the agency responsible for retaining State criminal or disciplinary history in the applicant's Home State.
F. Charter Member State means Member States that have enacted
legislation to adopt this Compact where such legislation predates the effective date of this Compact as defined in Article 13.
G. Commission means the government agency in which membership
consists of all States that have enacted this Compact, which is known as the Cosmetology Licensure Compact Commission, as defined in Article 9, and which shall operate as an instrumentality of the Member States.
H. Cosmetologist means an individual licensed in their Home State to
practice Cosmetology.
I. Cosmetology, Cosmetology Services, and the Practice of
Cosmetology mean the care and services provided by a Cosmetologist as set forth in the Member State's statutes and regulations in the State where the services are being provided.
J. Current Significant Investigative Information means:
1. Investigative Information that a State Licensing Authority, after an inquiry
or investigation that complies with a Member State's due process requirements, has reason to believe is not groundless and, if proved true, would indicate a violation of that State's laws regarding fraud or the Practice of Cosmetology; or
2. Investigative Information that indicates that a Licensee has engaged in
fraud or represents an immediate threat to public health and safety, regardless of whether the Licensee has been notified and had an opportunity to respond.
K. Data System means a repository of information about Licensees,
including, but not limited to, license status, Investigative Information, and Adverse Actions.
L. Disqualifying Event means any event that disqualifies an individual from
holding a Multistate License under this Compact, which the Commission may by Rule or order specify.
M. Encumbered License means a license in which an Adverse Action
restricts the Practice of Cosmetology by a Licensee, or where said Adverse Action has been reported to the Commission.
N. Encumbrance means a revocation or suspension of, or any limitation on,
the full and unrestricted Practice of Cosmetology by a State Licensing Authority.
O. Executive Committee means a group of delegates elected or appointed
to act on behalf of, and within the powers granted to them by, the Commission.
P. Home State means the Member State which is a Licensee's primary
State of residence, and where that Licensee holds an active and unencumbered license to practice Cosmetology.
Q. Investigative Information means information, records, or documents
received or generated by a State Licensing Authority pursuant to an investigation or other inquiry.
R. Jurisprudence Requirement means the assessment of an individual's
knowledge of the laws and rules governing the Practice of Cosmetology in a State.
S. Licensee means an individual who currently holds a license from a
Member State to practice as a Cosmetologist.
T. Member State means any State that has adopted this Compact.
U. Multistate License means a license issued by and subject to the
enforcement jurisdiction of the State Licensing Authority in a Licensee's Home State, which authorizes the Practice of Cosmetology in Member States and includes Authorizations to Practice Cosmetology in all Remote States pursuant to this Compact.
V. Remote State means any Member State, other than the Licensee's
Home State.
W. Rule means any rule or regulation promulgated by the Commission
under this Compact which has the force of law.
X. Single-State License means a Cosmetology license issued by a Member
State that authorizes practice of Cosmetology only within the issuing State and does not include any authorization outside of the issuing State.
Y. State means a State, territory, or possession of the United States and
the District of Columbia.
Z. State Licensing Authority means a Member State's regulatory body
responsible for issuing Cosmetology licenses or otherwise overseeing the Practice of Cosmetology in that State.
ARTICLE 3
MEMBER STATE REQUIREMENTS
A. To be eligible to join this Compact and to maintain eligibility as a Member
State, a State must:
1. License and regulate Cosmetology;
2. Have a mechanism or entity in place to receive and investigate complaints
about Licensees practicing in that State;
3. Require that Licensees within the State pass a Cosmetology competency
examination prior to being licensed to provide Cosmetology Services to the public in that State;
4. Require that Licensees satisfy educational or training requirements in
Cosmetology prior to being licensed to provide Cosmetology Services to the public in that State;
5. Implement procedures for considering one or more of the following
categories of information from applicants for licensure: Criminal history, disciplinary history, or Background Check. Such procedures may include the submission of information by applicants for the purpose of obtaining an applicant's Background Check as defined herein;
6. Participate in the Data System, including through the use of unique
identifying numbers;
7. Share information related to Adverse Actions with the Commission and
other Member States, both through the Data System and otherwise;
8. Notify the Commission and other Member States, in compliance with the
terms of the Compact and Rules of the Commission, of the existence of Investigative Information or Current Significant Investigative Information in the State's possession regarding a Licensee practicing in that State;
9. Comply with such Rules as may be enacted by the Commission to
administer the Compact; and
10. Accept Licensees from other Member States as established herein.
B. Member States may charge a fee for granting a license to practice
Cosmetology.
C. Individuals not residing in a Member State may apply for a Member
State's Single-State License as provided under the laws of each Member State. However, the Single-State License granted to these individuals shall not be recognized as granting a Multistate License to provide services in any other Member State.
D. Nothing in this Compact affects the requirements established by a
Member State for the issuance of a Single-State License.
E. A Multistate License issued to a Licensee by a Home State to a resident of
that State shall be recognized by each Member State as authorizing a Licensee to practice Cosmetology in each Member State.
F. At no point shall the Commission have the power to define the educational
or professional requirements for a license to practice Cosmetology. The Member States shall retain sole jurisdiction over the provision of these requirements.
ARTICLE 4
MULTISTATE LICENSE
A. To be eligible to apply to their Home State's State Licensing Authority for
an initial Multistate License under this Compact, a Licensee must hold an active and unencumbered Single-State License to practice Cosmetology in their Home State.
B. Upon the receipt of an application for a Multistate License, according to
the Rules of the Commission, a Member State's State Licensing Authority shall ascertain whether the applicant meets the requirements for a Multistate License under this Compact.
C. If an applicant meets the requirements for a Multistate License under this
Compact and any applicable Rules of the Commission, the State Licensing Authority in receipt of the application shall, within a reasonable time, grant a Multistate License to that applicant, and inform all Member States of the grant of said Multistate License.
D. A Multistate License to practice Cosmetology issued by a Member State's
State Licensing Authority shall be recognized by each Member State as authorizing the practice thereof as though that Licensee held a Single-State License to do so in each Member State, subject to the restrictions herein.
E. A Multistate License granted pursuant to this Compact may be effective
for a definite period of time, concurrent with the licensure renewal period in the Home State.
F. To maintain a Multistate License under this Compact, a Licensee must:
1. Agree to abide by the rules of the State Licensing Authority, and the State
scope of practice laws governing the Practice of Cosmetology, of any Member State in which the Licensee provides services;
2. Pay all required fees related to the application and process, and any other
fees which the Commission may by Rule require; and
3. Comply with any and all other requirements regarding Multistate Licenses
which the Commission may by Rule provide.
G. A Licensee practicing in a Member State is subject to all scope of practice
laws governing Cosmetology Services in that State.
H. The Practice of Cosmetology under a Multistate License granted pursuant
to this Compact will subject the Licensee to the jurisdiction of the State Licensing Authority, the courts, and the laws of the Member State in which the Cosmetology Services are provided.
ARTICLE 5
REISSUANCE OF A MULTISTATE LICENSE
BY A NEW HOME STATE
A. A Licensee may hold a Multistate License, issued by their Home State, in
only one Member State at any given time.
B. If a Licensee changes their Home State by moving between two Member
States:
1. The Licensee shall immediately apply for the reissuance of their Multistate
License in their new Home State. The Licensee shall pay all applicable fees and notify the prior Home State in accordance with the Rules of the Commission.
2. Upon receipt of an application to reissue a Multistate License, the new
Home State shall verify that the Multistate License is active, unencumbered, and eligible for reissuance under the terms of the Compact and the Rules of the Commission. The Multistate License issued by the prior Home State will be deactivated and all Member States notified in accordance with the applicable Rules adopted by the Commission.
3. If required for initial licensure, the new Home State may require a
Background Check as specified in the laws of that State, or the compliance with any Jurisprudence Requirements of the new Home State.
4. Notwithstanding any other provision of this Compact, if a Licensee does
not meet the requirements set forth in this Compact for the reissuance of a Multistate License by the new Home State, then the Licensee is subject to the new Home State requirements for the issuance of a Single-State License in that State.
C. If a Licensee changes their primary state of residence by moving from a
Member State to a non-Member State, or from a non-Member State to a Member State, then the Licensee is subject to the State requirements for the issuance of a Single-State License in the new Home State.
D. Nothing in this Compact interferes with a Licensee's ability to hold a
Single-State License in multiple States; however, for the purposes of this Compact, a Licensee shall have only one Home State, and only one Multistate License.
E. Nothing in this Compact interferes with the requirements established by a
Member State for the issuance of a Single-State License.
ARTICLE 6
AUTHORITY OF THE COMPACT
COMMISSION AND MEMBER
STATE LICENSING AUTHORITIES
A. Nothing in this Compact, nor any Rule or regulation of the Commission,
shall be construed to limit, restrict, or in any way reduce the ability of a Member State to enact and enforce laws, regulations, or other rules related to the Practice of Cosmetology in that State, where laws, regulations, or other rules are not inconsistent with the provisions of this Compact.
B. Insofar as practical, a Member State's State Licensing Authority shall
cooperate with the Commission and with each entity exercising independent regulatory authority over the Practice of Cosmetology according to the provisions of this Compact.
C. Discipline shall be the sole responsibility of the State in which
Cosmetology Services are provided. Accordingly, each Member State's State Licensing Authority shall be responsible for receiving complaints about individuals practicing Cosmetology in that State, and for communicating all relevant Investigative Information about any such Adverse Action to the other Member States through the Data System in addition to any other methods the Commission may by Rule require.
ARTICLE 7
ADVERSE ACTIONS
A. A Licensee's Home State shall have exclusive power to impose an
Adverse Action against a Licensee's Multistate License issued by the Home State.
B. A Home State may take Adverse Action on a Multistate License based on
the Investigative Information, Current Significant Investigative Information, or Adverse Action of a Remote State.
C. In addition to the powers conferred by State law, each Remote State's
State Licensing Authority shall have the power to:
1. Take Adverse Action against a Licensee's Authorization to Practice
Cosmetology through the Multistate License in that Member State, provided that:
a. Only the Licensee's Home State shall have the power to take Adverse
Action against the Multistate License issued by the Home State; and
b. For the purposes of taking Adverse Action, the Home State's State
Licensing Authority shall give the same priority and effect to reported conduct received from a Remote State as it would if such conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine the appropriate action.
2. Issue cease and desist orders or impose an Encumbrance on a Licensee's
Authorization to Practice within that Member State.
3. Complete any pending investigations of a Licensee who changes their
primary state of residence during the course of such an investigation. The State Licensing Authority shall also be empowered to report the results of such an investigation to the Commission through the Data System as described herein.
4. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a State Licensing Authority in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings before it. The issuing State Licensing Authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located.
5. If otherwise permitted by State law, recover from the affected Licensee
the costs of investigations and disposition of cases resulting from any Adverse Action taken against that Licensee.
6. Take Adverse Action against the Licensee's Authorization to Practice in
that State based on the factual findings of another Remote State.
D. A Licensee's Home State shall complete any pending investigation(s) of a
Cosmetologist who changes their primary state of residence during the course of the investigation(s). The Home State shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the Data System.
E. If an Adverse Action is taken by the Home State against a Licensee's
Multistate License, the Licensee's Authorization to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from the Home State license. All Home State disciplinary orders that impose an Adverse Action against a Licensee's Multistate License shall include a statement that the Cosmetologist's Authorization to Practice is deactivated in all Member States during the pendency of the order.
F. Nothing in this Compact overrides a Member State's authority to accept a
Licensee's participation in an Alternative Program in lieu of Adverse Action. A Licensee's Multistate License shall be suspended for the duration of the Licensee's participation in any Alternative Program.
G. Joint Investigations
1. In addition to the authority granted to a Member State by its respective
scope of practice laws or other applicable State law, a Member State may participate with other Member States in joint investigations of Licensees.
2. Member States shall share any investigative, litigation, or compliance
materials in furtherance of any joint or individual investigation initiated under the Compact.
ARTICLE 8
ACTIVE MILITARY MEMBERS
AND THEIR SPOUSES
Active Military Members or their spouses shall designate a Home State
where the individual has a current license to practice Cosmetology in good standing. The individual may retain their Home State designation during any period of service when that individual or their spouse is on active duty assignment.
ARTICLE 9
ESTABLISHMENT AND OPERATION OF THE
COSMETOLOGY LICENSURE COMPACT COMMISSION
A. The Compact Member States hereby create and establish a joint
government agency, the membership of which consists of all Member States that have enacted the Compact, known as the Cosmetology Licensure Compact Commission. The Commission is an instrumentality of the Compact Member States acting jointly and not an instrumentality of any one State. The Commission shall come into existence on or after the effective date of the Compact as set forth in Article 13.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1) delegate selected
by that Member State's State Licensing Authority.
2. The delegate shall be an administrator of the State Licensing Authority of
the Member State or their designee.
3. The Commission shall by Rule or bylaw establish a term of office for
delegates and may by Rule or bylaw establish term limits.
4. The Commission may recommend removal or suspension of any delegate
from office.
5. A Member State's State Licensing Authority shall fill any vacancy of its
delegate occurring on the Commission within 60 days of the vacancy.
6. Each delegate shall be entitled to one vote on all matters that are voted
on by the Commission.
7. The Commission shall meet at least once during each calendar year.
Additional meetings may be held as set forth in the bylaws. The Commission may meet by telecommunication, video conference, or other similar electronic means.
C. The Commission shall have the following powers:
1. Establish the fiscal year of the Commission;
2. Establish code of conduct and conflict of interest policies;
3. Adopt Rules and bylaws;
4. Maintain its financial records in accordance with the bylaws;
5. Meet and take such actions as are consistent with the provisions of this
Compact, the Commission's Rules, and the bylaws;
6. Initiate and conclude legal proceedings or actions in the name of the
Commission, provided that the standing of any State Licensing Authority to sue or be sued under applicable law is not affected;
7. Maintain and certify records and information provided to a Member State
as the authenticated business records of the Commission and designate an agent to do so on the Commission's behalf;
8. Purchase and maintain insurance and bonds;
9. Borrow, accept, or contract for services of personnel, including, but not
limited to, employees of a Member State;
10. Conduct an annual financial review;
11. Hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
12. As set forth in the Commission Rules, charge a fee to a Licensee for the
grant of a Multistate License and thereafter, as may be established by Commission Rule, charge the Licensee a Multistate License renewal fee for each renewal period. Nothing herein shall be construed to prevent a Home State from charging a Licensee a fee for a Multistate License or renewals of a Multistate License, or a fee for the Jurisprudence Requirement if the Member State imposes such a requirement for the grant of a Multistate License.
13. Assess and collect fees;
14. Accept any and all appropriate gifts, donations, grants of money, other
sources of revenue, equipment, supplies, materials, and services and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
15. Lease, purchase, retain, own, hold, improve, or use any property, real,
personal, or mixed, or any undivided interest therein;
16. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed;
17. Establish a budget and make expenditures;
18. Borrow money;
19. Appoint committees, including standing committees, composed of
members, State regulators, State legislators or their representatives, consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
20. Provide and receive information from, and cooperate with, law
enforcement agencies;
21. Elect a Chair, Vice Chair, Secretary, Treasurer, and such other officers of
the Commission as provided in the Commission's bylaws;
22. Establish and elect an Executive Committee, including a Chair and a Vice
Chair;
23. Adopt and provide to the Member States an annual report;
24. Determine whether a State's adopted language is materially different
from the model Compact language such that the State would not qualify for participation in the Compact; and
25. Perform such other functions as may be necessary or appropriate to
achieve the purposes of this Compact.
D. The Executive Committee
1. The Executive Committee shall have the power to act on behalf of the
Commission according to the terms of this Compact. The powers, duties, and responsibilities of the Executive Committee shall include:
a. Overseeing the day-to-day activities of the administration of the Compact
including compliance with the provisions of the Compact, the Commission's Rules and bylaws, and other such duties as deemed necessary;
b. Recommending to the Commission changes to the Rules or bylaws,
changes to this Compact legislation, fees charged to Compact Member States, fees charged to Licensees, and other fees;
c. Ensuring Compact administration services are appropriately provided,
including by contract;
d. Preparing and recommending the budget;
e. Maintaining financial records on behalf of the Commission;
f. Monitoring Compact compliance of Member States and providing
compliance reports to the Commission;
g. Establishing additional committees as necessary;
h. Exercising the powers and duties of the Commission during the interim
between Commission meetings, except for adopting or amending Rules, adopting or amending bylaws, and exercising any other powers and duties expressly reserved to the Commission by Rule or bylaw; and
i. Other duties as provided in the Rules or bylaws of the Commission.
2. The Executive Committee shall be composed of up to seven voting
members:
a. The Chair and Vice Chair of the Commission and any other members of the
Commission who serve on the Executive Committee shall be voting members of the Executive Committee; and
b. Other than the Chair, Vice Chair, Secretary, and Treasurer, the Commission
shall elect three voting members from the current membership of the Commission.
c. The Commission may elect ex officio, nonvoting members from a
recognized national Cosmetology professional association as approved by the Commission. The Commission's bylaws shall identify qualifying organizations and the manner of appointment if the number of organizations seeking to appoint an ex officio member exceeds the number of members specified in this Article.
3. The Commission may remove any member of the Executive Committee as
provided in the Commission's bylaws.
4. The Executive Committee shall meet at least annually.
a. Annual Executive Committee meetings, as well as any Executive
Committee meeting at which it does not take or intend to take formal action on a matter for which a Commission vote would otherwise be required, shall be open to the public, except that the Executive Committee may meet in a closed, non-public session of a public meeting when dealing with any of the matters covered under Article 9.F.4.
b. The Executive Committee shall give five business days' advance notice of
its public meetings, posted on its website and as determined by the Executive Committee, to provide notice to persons with an interest in the public matters the Executive Committee intends to address at those meetings.
5. The Executive Committee may hold an emergency meeting when acting
for the Commission to:
a. Meet an imminent threat to public health, safety, or welfare;
b. Prevent a loss of Commission or Member State funds; or
c. Protect public health and safety.
E. The Commission shall adopt and provide to the Member States an annual
report.
F. Meetings of the Commission
1. All meetings of the Commission that are not closed pursuant to Article
9.F.4 shall be open to the public. Notice of public meetings shall be posted on the Commission's website at least thirty (30) days prior to the public meeting.
2. Notwithstanding Article 9.F.1, the Commission may convene an emergency
public meeting by providing at least twenty-four (24) hours' prior notice on the Commission's website, and any other means as provided in the Commission's Rules, for any of the reasons it may dispense with notice of proposed rulemaking under Article 11.L. The Commission's legal counsel shall certify that one of the reasons justifying an emergency public meeting has been met.
3. Notice of all Commission meetings shall provide the time, date, and
location of the meeting, and if the meeting is to be held or accessible via telecommunication, video conference, or other electronic means, the notice shall include the mechanism for access to the meeting.
4. The Commission may convene in a closed, non-public meeting for the
Commission to discuss:
a. Non-compliance of a Member State with its obligations under the
Compact;
b. The employment, compensation, discipline, or other matters, practices, or
procedures related to specific employees or other matters related to the Commission's internal personnel practices or procedures;
c. Current or threatened discipline of a Licensee by the Commission or by a
Member State's Licensing Authority;
d. Current, threatened, or reasonably anticipated litigation;
e. Negotiation of contracts for the purchase, lease, or sale of goods,
services, or real estate;
f. Accusing any person of a crime or formally censuring any person;
g. Trade secrets or commercial or financial information that is privileged or
confidential;
h. Information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
i. Investigative records compiled for law enforcement purposes;
j. Information related to any investigative reports prepared by or on behalf of
or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact;
k. Legal advice;
l. Matters specifically exempted from disclosure to the public by federal or
Member State law; or
m. Other matters as promulgated by the Commission by Rule.
5. If a meeting, or portion of a meeting, is closed, the presiding officer shall
state that the meeting will be closed and reference each relevant exempting provision, and such reference shall be recorded in the minutes.
6. The Commission shall keep minutes that fully and clearly describe all
matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.
G. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate sources of revenue,
donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each
Member State and impose fees on Licensees of Member States to whom it grants a Multistate License to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount for Member States shall be allocated based upon a formula that the Commission shall promulgate by Rule.
4. The Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Commission pledge the credit of any Member States, except by and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the Commission shall be subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review shall be included in and become part of the annual report of the Commission.
H. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees, and representatives
of the Commission are immune from suit and liability, both personally and in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph H.1. shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the Commission does not in any way compromise or limit the immunity granted hereunder.
2. The Commission shall defend any member, officer, executive director,
employee, and representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or as determined by the Commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining their own counsel at their own expense; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer,
executive director, employee, and representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
4. Nothing herein shall be construed as a limitation on the liability of any
Licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable State laws.
5. Nothing in this Compact shall be interpreted to waive or otherwise
abrogate a Member State's State action immunity or State action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act, or any other State or federal antitrust or anticompetitive law or regulation.
6. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity by the Member States or by the Commission.
ARTICLE 10
DATA SYSTEM
A. The Commission shall provide for the development, maintenance,
operation, and utilization of a coordinated database and reporting system.
B. The Commission shall assign each applicant for a Multistate License a
unique identifier, as determined by the Rules of the Commission.
C. Notwithstanding any other provision of State law to the contrary, a
Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license and information related thereto;
4. Non-confidential information related to Alternative Program participation,
the beginning and ending dates of such participation, and other information related to such participation;
5. Any denial of application for licensure, and the reason(s) for such denial
(excluding the reporting of any criminal history record information where prohibited by law);
6. The existence of Investigative Information;
7. The existence of Current Significant Investigative Information; and
8. Other information that may facilitate the administration of this Compact or
the protection of the public, as determined by the Rules of the Commission.
D. The records and information provided to a Member State pursuant to this
Compact or through the Data System, when certified by the Commission or an agent thereof, constitute the authenticated business records of the Commission, and shall be entitled to any associated hearsay exception in any relevant judicial, quasi-judicial, or administrative proceedings in a Member State.
E. The existence of Current Significant Investigative Information and the
existence of Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.
F. It is the responsibility of the Member States to monitor the database to
determine whether Adverse Action has been taken against such a Licensee or License applicant. Adverse Action information pertaining to a Licensee or License applicant in any Member State will be available to any other Member State.
G. Member States contributing information to the Data System may
designate information that may not be shared with the public without the express permission of the contributing State.
H. Any information submitted to the Data System that is subsequently
expunged pursuant to federal law or the laws of the Member State contributing the information shall be removed from the Data System.
ARTICLE 11
RULEMAKING
A. The Commission shall promulgate reasonable Rules in order to effectively
and efficiently implement and administer the purposes and provisions of the Compact. A Rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the Rule is invalid because the Commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of the Compact, or the powers granted hereunder, or based upon another applicable standard of review.
B. The Rules of the Commission have the force of law in each Member State,
provided, however, that where the Rules of the Commission conflict with the laws of the Member State that establish the Member State's scope of practice laws governing the Practice of Cosmetology as held by a court of competent jurisdiction, the Rules of the Commission are ineffective in that State to the extent of the conflict.
C. The Commission shall exercise its rulemaking powers pursuant to the
criteria set forth in this Article and the Rules adopted become binding as of the date specified by the commission for each Rule.
D. If a majority of the legislatures of the Member States rejects a Rule or
portion of a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule has no further force and effect in any Member State or to any State applying to participate in the Compact.
E. Rules shall be adopted at a regular or special meeting of the Commission.
F. Prior to adoption of a proposed Rule, the Commission shall hold a public
hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
G. Prior to adoption of a proposed Rule by the Commission, and at least thirty
(30) days in advance of the meeting at which the Commission will hold a public hearing on the proposed Rule, the Commission shall provide a notice of proposed rulemaking:
1. On the website of the Commission or other publicly accessible platform;
2. To persons who have requested notice of the Commission's notices of
proposed rulemaking; and
3. In such other way(s) as the Commission may by Rule specify.
H. The notice of proposed rulemaking shall include:
1. The time, date, and location of the public hearing at which the Commission
will hear public comments on the proposed Rule and, if different, the time, date, and location of the meeting where the Commission will consider and vote on the proposed Rule;
2. If the hearing is held via telecommunication, video conference, or other
electronic means, the mechanism for access to the hearing in the notice of proposed rulemaking;
3. The text of the proposed Rule and the reason therefor;
4. A request for comments on the proposed Rule from any interested person;
and
5. The manner in which interested persons may submit written comments.
I. All hearings will be recorded. A copy of the recording and all written
comments and documents received by the Commission in response to the proposed Rule shall be available to the public.
J. Nothing in this Article shall be construed as requiring a separate hearing
on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this Article.
K. The Commission shall, by majority vote of all members, take final action
on the proposed Rule based on the rulemaking record and the full text of the Rule.
1. The Commission may adopt changes to the proposed Rule provided the
changes do not enlarge the original purpose of the proposed Rule.
2. The Commission shall provide an explanation of the reasons for
substantive changes made to the proposed Rule as well as reasons for substantive changes not made that were recommended by commenters.
3. The Commission shall determine a reasonable effective date for the Rule.
Except for an emergency as provided in Article 11.L, the effective date of the Rule shall be no sooner than forty-five (45) days after the Commission issuing the notice that it adopted or amended the Rule.
L. Upon determination that an emergency exists, the Commission may
consider and adopt an emergency Rule with five (5) days' notice, with opportunity to comment, provided that the usual rulemaking procedures provided in the Compact and in this Article shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of a Rule that is established by
federal law or rule; or
4. Protect public health and safety.
M. The Commission or an authorized committee of the Commission may
direct revisions to a previously adopted Rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision is subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
N. No Member State's rulemaking requirements apply under this Compact.
ARTICLE 12
OVERSIGHT, DISPUTE RESOLUTION
AND ENFORCEMENT
A. Oversight
1. The executive and judicial branches of State government in each Member
State shall enforce this Compact and take all actions necessary and appropriate to implement the Compact.
2. Venue is proper and judicial proceedings by or against the Commission
shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. Nothing herein affects or limits the selection or propriety of venue in any action against a Licensee for professional malpractice, misconduct, or any such similar matter.
3. The Commission shall be entitled to receive service of process in any
proceeding regarding the enforcement or interpretation of the Compact and shall have standing to intervene in such a proceeding for all purposes. Failure to provide the Commission service of process renders a judgment or order void as to the Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State has defaulted in the
performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall provide written notice to the defaulting State. The notice of default shall describe the default, the proposed means of curing the default, and any other action that the Commission may take, and shall offer training and specific technical assistance regarding the default.
2. The Commission shall provide a copy of the notice of default to the other
Member States.
3. If a State in default fails to cure the default, the defaulting State may be
terminated from the Compact upon an affirmative vote of a majority of the delegates of the Member States, and all rights, privileges, and benefits conferred on that State by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
4. Termination of membership in the Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, the defaulting State's State Licensing Authority, and each of the Member States' State Licensing Authority.
5. A State that has been terminated is responsible for all assessments,
obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
6. Upon the termination of a State's membership from this Compact, that
State shall immediately provide notice to all Licensees who hold a Multistate License within that State of such termination. The terminated State shall continue to recognize all licenses granted pursuant to this Compact for a minimum of one hundred eighty (180) days after the date of said notice of termination.
7. The Commission shall not bear any costs related to a State that is found to
be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.
8. The defaulting State may appeal the action of the Commission by
petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees.
C
C.R.S. § 24-72-101
24-72-101. Records destroyed - certified copies rerecorded. Whenever it appears that the records, or any material part thereof, of any county in this state have been destroyed by fire or otherwise, any map, plat, deed, conveyance, contract, mortgage, deed of trust, or other instrument in writing of whatever nature or character affecting real estate or irrigation ditches in such county, or certified copies thereof, may be rerecorded, and in recording the same the recorder shall record the certificate of the previous record, and the date of filing for record appearing in said original certificate so recorded shall be deemed and taken as the date of the record thereof, and copies of any such record so authorized to be made under this section, duly certified by the recorder of any such county under his seal of office, shall be received in evidence and have the same force and effect as certified copies of the original record.
Source: L. 1889: p. 302, � 1. R.S. 08: � 5269. C.L. � 5026. CSA: C. 135, � 1.
CRS 53: � 113-1-1. C.R.S. 1963: � 113-1-1.
Cross references: For certified copies of papers filed in office of county clerk
and recorder as prima facie evidence, see � 30-10-413; for the rule of evidence relating certified copies of public records, see C.R.E. 902(4).
C.R.S. § 24-72-110
24-72-110. Evidence admissible, when - charges. (1) In all cases under the provisions of this part 1 and in all proceedings or actions instituted after April 19, 1889, as to any estate or any interest or right in or any lien or encumbrance upon any lots, pieces, or parcels of land, where the original evidence has been destroyed or lost or is not in the possession of the party wishing to use it on the trial and the record thereof has been destroyed by fire or otherwise, the court shall receive all such evidence as may have a bearing on the case to establish the execution or contents of the records and deeds so destroyed, although not admissible as evidence under the existing rules governing the admission of evidence, and the testimony of the parties themselves shall be received, subject to all the qualifications in respect to such testimony which are now provided by law. Any writing in the hands of any person which may become admissible in evidence under the provisions of this section or any other part of this part 1 shall be rejected and not admitted in evidence unless the same appears upon its face without erasure, blemish, alteration, interlineation, or interpolation in any material part, unless the same is explained to the satisfaction of the court, and to have been fairly and honestly made in the ordinary course of business. Any person making any such erasure, alteration, interlineation, or interpolation in any such writing, with the intent to change the same in any substantial matter, after the same has been once made, is guilty of the crime of forgery and shall be punished accordingly. Any and all persons who may be engaged in the business of making writings or written entries concerning or relating to lands and real estate in any county in this state to which this part 1 applies and of furnishing to persons applying therefor abstracts and copies of such writings or written entries as aforesaid for a fee, reward, or compensation therefor and who do not make the same truly and without alteration or interpolation in any matter of substance, with a view and intent to alter or change the same in any material matter or substance, are guilty of the crime of forgery and shall be punished accordingly.
(2) Any such person shall furnish such abstracts or copies to the person
applying therefor, in the order of application and without unnecessary delay, for a reasonable consideration to be allowed therefor. Any person so engaged, whose business is declared to stand upon a like footing with that of a common carrier, who refuses to so furnish if tender of payment is made to him or her of the amount demanded for such abstract or copy, not to exceed said reasonable consideration, as soon as such amount is made known or ascertained, or of a sum adequate to cover such amount before its ascertainment commits a civil infraction and shall be liable in any proper form of action or suit for any and all damages, loss, or injury which any person applying therefor may suffer or incur by reason of such failure to furnish such abstract or copy.
Source: L. 1889: p. 307, � 10. R.S. 08: � 5278. C.L. � 5035. CSA: C. 135, � 10.
CRS 53: � 113-1-10. C.R.S. 1963: � 113-1-10. L. 72: p. 564, � 38. L. 97: (1) amended, p. 1021, � 39, effective August 6. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3229, � 430, effective March 1, 2022.
Cross references: For the crime of forgery, see � 18-5-102.
C.R.S. § 24-72-202
24-72-202. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Correspondence means a communication that is sent to or received by
one or more specifically identified individuals and that is or can be produced in written form, including, without limitation:
(a) Communications sent via U.S. mail;
(b) Communications sent via private courier;
(c) Communications sent via electronic mail.
(1.1) Custodian means and includes the official custodian or any authorized
person having personal custody and control of the public records in question.
(1.2) Electronic mail means an electronic message that is transmitted
between two or more computers or electronic terminals, whether or not the message is converted to hard copy format after receipt and whether or not the message is viewed upon transmission or stored for later retrieval. Electronic mail includes electronic messages that are transmitted through a local, regional, or global computer network.
(1.3) Executive position means any nonelective employment position with a
state agency, institution, or political subdivision, except employment positions in the state personnel system or employment positions in a classified system or civil service system of an institution or political subdivision.
(1.5) Institution includes but is not limited to every state institution of
higher education, whether established by the state constitution or by law, and every governing board thereof. In particular, the term includes the university of Colorado, the regents thereof, and any other state institution of higher education or governing board referred to by the provisions of section 5 of article VIII of the state constitution.
(1.6) Institutionally related foundation means a nonprofit corporation,
foundation, institute, or similar entity that is organized for the benefit of one or more institutions and that has as its principal purpose receiving or using private donations to be held or used for the benefit of an institution. An institutionally related foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose.
(1.7) Institutionally related health-care foundation means a nonprofit
corporation, foundation, institute, or similar entity that is organized for the benefit of one or more institutions and that has as its principal purpose receiving or using private donations to be held or used for medical or health-care-related programs or services at an institution. An institutionally related health-care foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose.
(1.8) Institutionally related real estate foundation means a nonprofit
corporation, foundation, institute, or similar entity that is organized for the benefit of one or more institutions and that has as its principal purpose receiving or using private donations to be held or used for the acquisition, development, financing, leasing, or disposition of real property for the benefit of an institution. An institutionally related real estate foundation shall be deemed not to be a governmental body, agency, or other public body for any purpose.
(1.9) Local government-financed entity shall have the same meaning as
provided in section 29-1-901 (1), C.R.S.
(2) Official custodian means and includes any officer or employee of the
state, of any agency, institution, or political subdivision of the state, of any institutionally related foundation, of any institutionally related health-care foundation, of any institutionally related real estate foundation, or of any local government-financed entity, who is responsible for the maintenance, care, and keeping of public records, regardless of whether the records are in his or her actual personal custody and control.
(3) Person means and includes any natural person, including any public
employee and any elected or appointed public official acting in an official or personal capacity, and any corporation, limited liability company, partnership, firm, or association.
(4) Person in interest means and includes the person who is the subject of
a record or any representative designated by said person; except that, if the subject of the record is under legal disability, person in interest means and includes his parent or duly appointed legal representative.
(4.5) Personnel files means and includes home addresses, telephone
numbers, financial information, a disclosure of an intimate relationship filed in accordance with the policies of the general assembly, other information maintained because of the employer-employee relationship, and other documents specifically exempt from disclosure pursuant to this part 2 or any other provision of law. Personnel files includes the specific date of an educator's absence from work. Educator has the same meaning as set forth in section 18-9-313 (1)(b.5). Personnel files does not include applications of past or current employees, employment agreements, any amount paid or benefit provided incident to termination of employment, performance ratings, final sabbatical reports required pursuant to section 23-5-123, or any compensation, including expense allowances and benefits, paid to employees by the state, its agencies, institutions, or political subdivisions.
(5) Political subdivision means and includes every county, city and county,
city, town, school district, special district, public highway authority, regional transportation authority, and housing authority within this state.
(6) (a) (I) Public records means and includes all writings made, maintained,
or kept by the state, any agency, institution, a nonprofit corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or political subdivision of the state, or that are described in section 29-1-902, C.R.S., and held by any local-government-financed entity for use in the exercise of functions required or authorized by law or administrative rule or involving the receipt or expenditure of public funds.
(II) Public records includes the correspondence of elected officials, except
to the extent that such correspondence is:
(A) Work product;
(B) Without a demonstrable connection to the exercise of functions required
or authorized by law or administrative rule and does not involve the receipt or expenditure of public funds;
(C) A communication from a constituent to an elected official that clearly
implies by its nature or content that the constituent expects that it is confidential or that is communicated for the purpose of requesting that the elected official render assistance or information relating to a personal and private matter that is not publicly known affecting the constituent or a communication from the elected official in response to such a communication from a constituent; or
(D) Subject to nondisclosure as required in section 24-72-204 (1).
(III) The acceptance by a public official or employee of compensation for
services rendered, or the use by such official or employee of publicly owned equipment or supplies, shall not be construed to convert a writing that is not otherwise a public record into a public record.
(IV) Public records means, except as provided in subparagraphs (VIII) and
(IX) of paragraph (b) of this subsection (6), for an institutionally related foundation, an institutionally related health-care foundation, or an institutionally related real estate foundation, all writings relating to the requests for disbursement or expenditure of funds, the approval or denial of requests for disbursement or expenditure of funds, or the disbursement or expenditure of funds, by the institutionally related foundation, the institutionally related health-care foundation, or the institutionally related real estate foundation, to, on behalf of, or for the benefit of the institution or any employee of the institution. For purposes of this subparagraph (IV), expenditure shall be defined in accordance with generally accepted accounting principles.
(b) Public records does not include:
(I) Criminal justice records that are subject to the provisions of part 3 of this
article;
(II) Work product prepared for elected officials. However, elected officials
may release, or authorize the release of, all or any part of work product prepared for them.
(III) Data, information, and records relating to collegeinvest programs
pursuant to sections 23-3.1-225 and 23-3.1-307.5, C.R.S., as follows:
(A) Data, information, and records relating to individual purchasers and
qualified beneficiaries of advance payment contracts under the prepaid expense trust fund and the prepaid expense program, including any records that reveal personally identifiable information about such individuals;
(B) Data, information, and records, including medical records, relating to
designated beneficiaries of and individual contributors to an individual trust account or savings account under the savings programs established pursuant to part 3 of article 3.1 of title 23, C.R.S., including any records that reveal personally identifiable information about such individuals;
(C) Trade secrets and proprietary information regarding software, including
programs and source codes, utilized or owned by collegeinvest; and
(D) Marketing plans and the results of market surveys conducted by
collegeinvest.
(IV) Materials received, made, or kept by a crime victim compensation board
or a district attorney that are confidential pursuant to the provisions of section 24-4.1-107.5.
(V) Notification of a possible nonaccidental fire loss or fraudulent insurance
act given to an authorized agency pursuant to section 10-4-1003 (1), C.R.S.
(VI) For purposes of an institutionally related foundation, any documents,
agreements, or other records or information other than the writings relating to the financial expenditure records specified in subparagraph (IV) of paragraph (a) of this subsection (6).
(VII) For purposes of an institution or an institutionally related foundation:
(A) The identity of, or records or information identifying or leading to the
identification of, any donor or prospective donor to an institution or an institutionally related foundation;
(B) The amount of any actual or prospective gift or donation from a donor or
prospective donor to an institutionally related foundation;
(C) Proprietary fundraising information of an institution or an institutionally
related foundation; or
(D) Agreements or other documents relating to gifts or donations or
prospective gifts or donations to an institution or an institutionally related foundation from a donor or prospective donor.
(VIII) For purposes of an institutionally related health-care foundation,
expenditures by an institutionally related health-care foundation to an institution for medical or health-care-related programs or services;
(IX) For purposes of an institutionally related real estate foundation, prior to
the completion of any transaction for the acquisition, development, financing, leasing, or disposition of real property, all writings relating to such transaction;
(X) The information security plan of a public agency developed pursuant to
section 24-37.5-404 or of an institution of higher education developed pursuant to section 24-37.5-404.5;
(XI) Information security incident reports prepared pursuant to section 24-37.5-404 (2)(e) or 24-37.5-404.5 (2)(e);
(XII) Information security audit and assessment reports prepared pursuant to
section 24-37.5-403 (2)(d) or 24-37.5-404.5 (2)(d);
(XIII) The information provided to the state medical marijuana licensing
authority pursuant to section 25-1.5-106 (7)(e), C.R.S.;
(XIV) Pursuant to the Colorado Partnership for Quality Jobs and Services
Act, part 11 of article 50 of this title 24, records created in compliance with the requirements of a state employee partnership agreement as specified in section 24-50-1111 (3)(d) and documents created in connection with the dispute resolution process for an employee partnership agreement as specified in section 24-50-1113 (2)(e);
(XV) Repealed.
(XVI) Records related to complaints received by the office of the judicial
discipline ombudsman pursuant to section 13-3-120, including any record that names or otherwise identifies a specific complainant or other person involved in the complaint;
(XVII) A complaint of harassment or discrimination, as described in section
22-1-143, that is unsubstantiated and all records related to the unsubstantiated complaint, including records of an investigation into the complaint; or
(XVIII) Jail assessments conducted pursuant to section 30-10-530 (5)(d) or
24-31-118.
(6.5) (a) Work product means and includes all intra- or inter-agency
advisory or deliberative materials assembled for the benefit of elected officials, which materials express an opinion or are deliberative in nature and are communicated for the purpose of assisting such elected officials in reaching a decision within the scope of their authority. Such materials include, but are not limited to:
(I) Notes and memoranda that relate to or serve as background information
for such decisions;
(II) Preliminary drafts and discussion copies of documents that express a
decision by an elected official.
(b) Work product also includes:
(I) All documents relating to the drafting of bills or amendments, pursuant to
section 2-3-304 (1) or 2-3-505 (2)(b), C.R.S., but it does not include the final version of documents prepared or assembled pursuant to section 2-3-505 (2)(c), C.R.S.;
(II) All documents prepared or assembled by a member of the general
assembly relating to the drafting of bills or amendments;
(III) All documents prepared by or submitted to any legislative staff in
connection with assisting a member of the general assembly in responding to the correspondence from a constituent when such correspondence is not a public record of an elected official as provided for in subsection (6) of this section;
(IV) All documents and all research projects conducted by staff of legislative
council pursuant to section 2-3-304 (1), C.R.S., if the research is requested by a member of the general assembly and identified by the member as being in connection with pending or proposed legislation or amendments thereto. However, the final product of any such research project shall become a public record unless the member specifically requests that it remain work product. In addition, if such a research project is requested by a member of the general assembly and the project is not identified as being in connection with pending or proposed legislation or amendments thereto, the final product shall become a public record.
(c) Work product does not include:
(I) Any final version of a document that expresses a final decision by an
elected official;
(II) Any final version of a fiscal or performance audit report or similar
document the purpose of which is to investigate, track, or account for the operation or management of a public entity or the expenditure of public money, together with the final version of any supporting material attached to such final report or document;
(III) Any final accounting or final financial record or report;
(IV) Any materials that would otherwise constitute work product if such
materials are produced and distributed to the members of a public body for their use or consideration in a public meeting or cited and identified in the text of the final version of a document that expresses a decision by an elected official.
(d) (I) In addition, work product does not include any final version of a
document prepared or assembled for an elected official that consists solely of factual information compiled from public sources. The final version of such a document shall be a public record. These documents include, but are not limited to:
(A) Comparisons of existing laws, ordinances, rules, or regulations with the
provisions of any bill, amendment, or proposed law, ordinance, rule, or regulation; comparisons of any bills, amendments, or proposed laws, ordinances, rules, or regulations with other bills, amendments, or proposed laws, ordinances, rules, or regulations; comparisons of different versions of bills, amendments, or proposed laws, ordinances, rules, or regulations; and comparisons of the laws, ordinances, rules, or regulations of the jurisdiction of the elected official with the laws, ordinances, rules, or regulations of other jurisdictions;
(B) Compilations of existing public information, statistics, or data;
(C) Compilations or explanations of general areas or bodies of law,
ordinances, rules, or regulations, legislative history, or legislative policy.
(II) This paragraph (d) shall not apply to documents prepared or assembled
for members of the general assembly pursuant to paragraph (b) of this subsection (6.5).
(7) Writings means and includes all books, papers, maps, photographs,
cards, tapes, recordings, or other documentary materials, regardless of physical form or characteristics. Writings includes digitally stored data, including without limitation electronic mail messages, but does not include computer software.
(8) For purposes of subsections (6) and (6.5) of this section and sections 24-72-203 (2)(b) and 24-6-402 (2)(d)(III), the members of the independent
congressional redistricting commission and the independent legislative redistricting commission are considered elected officials.
Source: L. 68: p. 201, � 2. C.R.S. 1963: � 113-2-2. L. 77: (6) amended, p. 1250, �
2, effective December 31. L. 85: (1.5) added, p. 867, � 1, effective June 6. L. 90: (3) amended, p. 449, � 21, effective April 18. L. 91: (5) amended, p. 726, � 3, effective April 20. L. 92: (4.5) added and (7) amended, p. 1103, � 2, effective July 1. L. 94: (1.3) added, p. 936, � 1, effective April 28; (4.5) amended, p. 832, � 2, effective April 28. L. 96: (1.7) added and (2) and (6) amended, p. 141, � 2, effective April 8; (1), (6), and (7) amended and (1.1), (1.2), and (6.5) added, p. 1480, � 4, effective June 1. L. 97: (6)(b)(II) and (6.5)(b) amended and (6.5)(d) added, p. 1104, �� 2, 3, effective August 6. L. 98: (6)(b)(III) added, p. 213, � 3, effective August 5. L. 99: (6.5)(c)(IV) amended, p. 205, � 2, effective March 31. L. 2000: (6)(b)(III) amended, p. 223, � 4, effective March 29; (6)(b)(IV) added, p. 243, � 8, effective March 29; (6)(a)(I) amended, p. 415, � 6, effective April 13; (6)(b)(V) added, p. 1736, � 4, effective June 1. L. 2001: (8) added, p. 1075, � 4, effective August 8. L. 2002: (3) amended, p. 643, � 2, effective May 24; (5) amended, p. 402, � 3, effective August 7. L. 2004: (6)(b)(III) amended, p. 575, � 33, effective July 1. L. 2005: (1.6), (1.8), (1.9), (6)(a)(IV), (6)(b)(VI), (6)(b)(VII), (6)(b)(VIII), and (6)(b)(IX) added and (2) amended, pp. 530, 531, �� 1, 2, 3, effective May 24; (5) amended, p. 1068, � 15, effective January 1, 2006. L. 2006: (1.7), (1.8), and (1.9) amended, p. 1503, � 43, effective June 1; (6)(b)(X), (6)(b)(XI), and (6)(b)(XII) added, p. 1719, � 2, effective June 6. L. 2007: (6)(b)(X), (6)(b)(XI), and (6)(b)(XII) amended, p. 917, � 16, effective May 17. L. 2009: (6)(a)(II)(C) and (6.5)(b) amended, (HB 09-1348), ch. 358, p. 1864, � 3, effective June 1. L. 2010: (6)(b)(XI) and (6)(b)(XII) amended and (6)(b)(XIII) added, (HB 10-1284), ch. 355, p. 1687, � 13, effective July 1. L. 2011: (6)(b)(X) amended, (SB 11-062), ch. 128, p. 435, � 18, effective April 22; (6)(b)(XIII) amended, (HB 11-1043), ch. 266, p. 1211, � 18, effective July 1. L. 2015: (6)(b)(III)(B) amended, (HB 15-1359), ch. 269, p. 1055, � 15, effective June 3. L. 2019: (4.5) amended, (SB 19-244), ch. 243, p. 2377, � 4, effective May 20. L. 2020: (6)(b)(XIV) added, (HB 20-1153), ch. 109, p. 440, � 5, effective June 16; (8) amended, (SB 20-186), ch. 272, p. 1329, � 16, effective July 11. L. 2021: (6)(b)(XV) added, (HB 21-1109), ch. 489, p. 3526, � 3, effective July 7. L. 2022: (4.5) amended, (SB 22-171), ch. 240, p. 1781, � 2, effective May 26. L. 2023: (6)(b)(XIV) and (6)(b)(XV) amended and (6)(b)(XVI) added, (HB 23-1205), ch. 430, p. 2531, � 3, effective June 7; (6)(b)(XIV) and (6)(b)(XV) amended and (6)(b)(XVII) added, (SB 23-296), ch. 390, p. 2345, � 4, effective August 7. L. 2024: (6)(b)(XVI) and (6)(b)(XVII) amended and (6)(b)(XVIII) added, (HB 24-1054), ch. 328, p. 2222, � 9, effective June 3; (6)(b)(XV) repealed, (HB 24-1336), ch. 219, p. 1366, � 6, effective September 1.
Editor's note: Amendments to subsection (6) by House Bill 96-1029 and
Senate Bill 96-212 were harmonized.
Cross references: (1) For the legislative declaration contained in the 1996
act amending subsections (1), (6), and (7) and enacting subsections (1.1), (1.2), and (6.5), see section 1 of chapter 271, Session Laws of Colorado 1996.
(2) For the legislative declaration contained in the 2002 act amending
subsection (3), see section 1 of chapter 187, Session Laws of Colorado 2002. For the legislative declaration contained in the 2005 act amending subsection (5), see section 1 of chapter 269, Session Laws of Colorado 2005.
(3) For the legislative declaration in HB 20-1153, see section 1 of chapter 109,
Session Laws of Colorado 2020. For the legislative declaration in HB 23-1205, see section 1 of chapter 430, Session Laws of Colorado 2023.
C.R.S. § 24-72-204
24-72-204. Allowance or denial of inspection - grounds - procedure - appeal - definitions - repeal. (1) The custodian of any public records shall allow any person the right of inspection of such records or any portion thereof except on one or more of the following grounds or as provided in subsection (2) or (3) of this section:
(a) Such inspection would be contrary to any state statute.
(b) Such inspection would be contrary to any federal statute or regulation
issued thereunder having the force and effect of law.
(c) Such inspection is prohibited by rules promulgated by the supreme court
or by the order of any court.
(d) Such inspection would be contrary to the requirements of any joint rule of
the senate and the house of representatives pertaining to lobbying practices.
(2) (a) The custodian may deny the right of inspection of the following
records, unless otherwise provided by law, on the ground that disclosure to the applicant would be contrary to the public interest:
(I) Any records of the investigations conducted by any sheriff, prosecuting
attorney, or police department, any records of the intelligence information or security procedures of any sheriff, prosecuting attorney, or police department, or any investigatory files compiled for any other law enforcement purpose;
(II) Test questions, scoring keys, and other examination data pertaining to
administration of a licensing examination, examination for employment, or academic examination; except that written promotional examinations and the scores or results thereof conducted pursuant to the state personnel system or any similar system shall be available for inspection, but not copying or reproduction, by the person in interest after the conducting and grading of any such examination;
(III) The specific details of bona fide research projects being conducted by a
state institution, including, without limitation, research projects undertaken by staff or service agencies of the general assembly or the office of the governor in connection with pending or anticipated legislation;
(IV) The contents of real estate appraisals made for the state or a political
subdivision thereof relative to the acquisition of property or any interest in property for public use, until such time as title to the property or property interest has passed to the state or political subdivision; except that the contents of such appraisal shall be available to the owner of the property, if a condemning authority determines that it intends to acquire said property as provided in section 38-1-121, C.R.S., relating to eminent domain proceedings, but, in any case, the contents of such appraisal shall be available to the owner under this section no later than one year after the condemning authority receives said appraisal; and except as provided by the Colorado rules of civil procedure. If condemnation proceedings are instituted to acquire any such property, any owner of such property who has received the contents of any appraisal pursuant to this section shall, upon receipt thereof, make available to said state or political subdivision a copy of the contents of any appraisal which the owner has obtained relative to the proposed acquisition of the property.
(V) Any market analysis data generated by the department of
transportation's bid analysis and management system for the confidential use of the department of transportation in awarding contracts for construction or for the purchase of goods or services and any records, documents, and automated systems prepared for the bid analysis and management system;
(VI) Repealed.
(VII) Electronic mail addresses, telephone numbers, or home addresses
provided by a person to an elected official, agency, institution, or political subdivision of the state for the purposes of future electronic communications to the person from the elected official, agency, institution, or political subdivision;
(VIII) (A) Specialized details of either security arrangements or investigations
or the physical and cyber assets of critical infrastructure, including the specific engineering, vulnerability, detailed design information, protective measures, emergency response plans, or system operational data of such assets that would be useful to a person in planning an attack on critical infrastructure but that does not simply provide the general location of such infrastructure. Nothing in this subsection (2)(a)(VIII) prohibits the custodian from transferring records containing specialized details of either security arrangements or investigations or the physical and cyber assets of critical infrastructure to the division of homeland security and emergency management in the department of public safety, the governing body of any city, county, city and county, or other political subdivision of the state, or any federal, state, or local law enforcement agency; except that the custodian shall not transfer any record received from a nongovernmental entity without the prior written consent of the entity unless such information is already publicly available.
(B) Records of the expenditure of public moneys on security arrangements
or investigations, including contracts for security arrangements and records related to the procurement of, budgeting for, or expenditures on security systems, shall be open for inspection, except to the extent that they contain specialized details of security arrangements or investigations. A custodian may deny the right of inspection of only the portions of a record described in this sub-subparagraph (B) that contain specialized details of security arrangements or investigations and shall allow inspection of the remaining portions of the record.
(C) If an official custodian has custody of a public record provided by another
public entity, including the state or a political subdivision, that contains specialized details of security arrangements or investigations, the official custodian shall refer a request to inspect that public record to the official custodian of the public entity that provided the record and shall disclose to the person making the request the names of the public entity and its official custodian to which the request is referred.
(IX) (A) Any records of ongoing civil or administrative investigations
conducted by the state or an agency of the state in furtherance of their statutory authority to protect the public health, welfare, or safety unless the investigation focuses on a person or persons inside of the investigative agency.
(B) Upon conclusion of a civil or administrative investigation that is closed
because no further investigation, discipline, or other agency response is warranted, all records not exempt pursuant to any other law are open to inspection; except that the custodian may remove the name or other personal identifying or financial information of witnesses or targets of such closed investigations from investigative records prior to inspection.
(C) Notwithstanding any other provision of this subparagraph (IX), a record is
not subject to withholding on the grounds that it is maintained or kept in a civil or administrative investigative file except pursuant to paragraph (a) of subsection (6) of this section if the record was publicly disclosed; was filed with an agency of the state by a regulated entity under a statutory, regulatory, or permit requirement; or was received from a governmental entity and would be available if requested directly from the transmitting entity.
(D) Nothing in this subparagraph (IX) prohibits an agency from disclosing
information or materials during an open investigation if it is in the interest of public health, welfare, or safety.
(X) Any records containing data or information that reveals the specific
location or could be used to determine the specific location of:
(A) A plant species identified as a Colorado plant of greatest conservation
need in Colorado's state wildlife action plan;
(B) An individual animal or a group of animals; or
(C) An individual animal's or group of animal's breeding or nesting habitat.
(b) If the right of inspection of any record falling within any of the
classifications listed in this subsection (2) is allowed to any officer or employee of any newspaper, radio station, television station, or other person or agency in the business of public dissemination of news or current events, it shall be allowed to all such news media.
(c) Notwithstanding any provision to the contrary in subparagraph (I) of
paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by a crime victim compensation board or a district attorney that are confidential pursuant to the provisions of section 24-4.1-107.5.
(d) Notwithstanding any provision to the contrary in subparagraph (I) of
paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by a witness protection board, the department of public safety, or a prosecuting attorney that are confidential pursuant to section 24-33.5-106.5.
(e) Notwithstanding any provision to the contrary in subparagraph (I) of
paragraph (a) of this subsection (2), the custodian shall deny the right of inspection of any materials received, made, or kept by the safe2tell program, as described in section 24-31-606.
(3) (a) The custodian shall deny the right of inspection of the following
records, unless otherwise provided by law; except that the custodian shall make any of the following records, other than letters of reference concerning employment, licensing, or issuance of permits, available to the person in interest in accordance with this subsection (3):
(I) Medical, mental health, sociological, and scholastic achievement data,
and electronic health records, on individual persons, other than scholastic achievement data submitted as part of finalists' records as set forth in subsection (3)(a)(XI) of this section and exclusive of coroners' autopsy reports and group scholastic achievement data from which individuals cannot be identified; but either the custodian or the person in interest may request a professionally qualified person, who shall be furnished by the said custodian, to be present to interpret the records;
(II) (A) Personnel files; but such files shall be available to the person in
interest and to the duly elected and appointed public officials who supervise such person's work.
(B) The provisions of this subparagraph (II) shall not be interpreted to
prevent the public inspection or copying of any employment contract or any information regarding amounts paid or benefits provided under any settlement agreement pursuant to the provisions of article 19 of this title.
(III) Letters of reference;
(IV) Trade secrets, privileged information, and confidential commercial,
financial, geological, or geophysical data, including a social security number unless disclosure of the number is required, permitted, or authorized by state or federal law, furnished by or obtained from any person;
(V) Library and museum material contributed by private persons, to the
extent of any limitations placed thereon as conditions of such contributions;
(VI) Except as provided in section 1-2-227, addresses and telephone numbers
of students in any public elementary or secondary school;
(VII) Library records disclosing the identity of a user as prohibited by section
24-90-119;
(VIII) Repealed.
(IX) Names, addresses, telephone numbers, and personal financial
information of past or present users of public utilities, public facilities, or recreational or cultural services that are owned and operated by the state, its agencies, institutions, or political subdivisions; except that nothing in this subparagraph (IX) shall prohibit the custodian of records from transmitting such data to any agent of an investigative branch of a federal agency or any criminal justice agency as defined in section 24-72-302 (3) that makes a request to the custodian to inspect such records and who asserts that the request for information is reasonably related to an investigation within the scope of the agency's authority and duties. Nothing in this subparagraph (IX) shall be construed to prohibit the publication of such information in an aggregate or statistical form so classified as to prevent the identification, location, or habits of individuals.
(X) (A) Any records of sexual harassment complaints and investigations,
whether or not such records are maintained as part of a personnel file; except that, an administrative agency investigating the complaint may, upon a showing of necessity to the custodian of records, gain access to information necessary to the investigation of such a complaint. This sub-subparagraph (A) shall not apply to records of sexual harassment complaints and investigations that are included in court files and records of court proceedings. Disclosure of all or a part of any records of sexual harassment complaints and investigations to the person in interest is permissible to the extent that the disclosure can be made without permitting the identification, as a result of the disclosure, of any individual involved. This sub-subparagraph (A) shall not preclude disclosure of all or part of the results of an investigation of the general employment policies and procedures of an agency, office, department, or division, to the extent that the disclosure can be made without permitting the identification, as a result of the disclosure, of any individual involved.
(B) A person in interest under this subparagraph (X) includes the person
making a complaint and the person whose conduct is the subject of such a complaint.
(C) A person in interest may make a record maintained pursuant to this
subparagraph (X) available for public inspection when such record supports the contention that a publicly reported, written, printed, or spoken allegation of sexual harassment against such person is false.
(D) Repealed.
(X.5) Records created, maintained, or provided to a custodian by the
legislative human resources division created in section 2-3-511 that are related to a workplace harassment complaint or investigation, a complaint under the workplace expectations policy, or an inquiry or request concerning workplace harassment or conduct, whether or not the records are part of a formal or informal complaint or resolution process;
(XI) (A) Except as provided in subsection (3)(a)(XI)(D) of this section, records
submitted by or on behalf of an applicant or candidate for any employment position, including an applicant for an executive position as defined in section 24-72-202 (1.3) who is not a finalist. For purposes of this subsection (3)(a)(XI), finalist means an applicant or candidate for an executive position as the chief executive officer of a state agency, institution, or political subdivision or agency thereof who is named as a finalist pursuant to section 24-6-402 (3.5).
(B) This subsection (3)(a)(XI) shall not be construed to prohibit the public
inspection or copying of any records submitted by or on behalf of a finalist or the applications of past or current employees; except that letters of reference or medical, psychological, and sociological data concerning finalists or past or current employees shall not be made available for public inspection or copying.
(C) This subsection (3)(a)(XI) applies to employment selection processes for
all employment and executive positions, including, but not limited to, selection processes conducted or assisted by private persons or firms at the request of a state agency, institution, or political subdivision.
(D) Notwithstanding subsection (3)(a)(XI)(A) of this section, a custodian shall
allow public inspection of the demographic data of a candidate who was interviewed by the state public body, local public body, or search committee for an executive position as defined in section 24-72-202 (1.3), but is not named as a finalist pursuant to subsection 24-6-402 (3.5). For purposes of this subsection (3)(a)(XI)(D), demographic data means information on a candidate's race and gender that has been legally requested and voluntarily provided on the candidate's application and does not include the candidate's name or other information.
(XII) Any record indicating that a person has obtained an identifying license
plate or placard for persons with disabilities under section 42-3-204, C.R.S., or any other motor vehicle record that would reveal the presence of a disability;
(XIII) Records protected under the common law governmental or
deliberative process privilege, if the material is so candid or personal that public disclosure is likely to stifle honest and frank discussion within the government, unless the privilege has been waived. The general assembly hereby finds and declares that in some circumstances, public disclosure of such records may cause substantial injury to the public interest. If any public record is withheld pursuant to this subparagraph (XIII), the custodian shall provide the applicant with a sworn statement specifically describing each document withheld, explaining why each such document is privileged, and why disclosure would cause substantial injury to the public interest. If the applicant so requests, the custodian shall apply to the district court for an order permitting him or her to restrict disclosure. The application shall be subject to the procedures and burden of proof provided for in subsection (6) of this section. All persons entitled to claim the privilege with respect to the records in issue shall be given notice of the proceedings and shall have the right to appear and be heard. In determining whether disclosure of the records would cause substantial injury to the public interest, the court shall weigh, based on the circumstances presented in the particular case, the public interest in honest and frank discussion within government and the beneficial effects of public scrutiny upon the quality of governmental decision-making and public confidence therein.
(XIV) [Editor's note: This version of subsection (3)(a)(XIV) is effective until
January 1, 2026.] Veterinary medical data, information, and records on individual animals that are owned by private individuals or business entities, but are in the custody of a veterinary medical practice or hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary medical care and treatment to animals. A veterinary-patient-client privilege exists with respect to such data, information, and records only when a person in interest and a veterinarian enter into a mutual agreement to provide medical treatment for an individual animal and such person in interest maintains an ownership interest in such animal undergoing treatment. For purposes of this subsection (3)(a)(XIV), person in interest means the owner of an animal undergoing veterinary medical treatment or such owner's designated representative. Nothing in this subsection (3)(a)(XIV) shall prevent the state agricultural commission, the state agricultural commissioner, or the state board of veterinary medicine from exercising their investigatory and enforcement powers and duties granted pursuant to section 35-1-106 (1)(h), article 50 of title 35, and section 12-315-106 (5)(e), respectively. The veterinary-patient-client privilege described in this subsection (3)(a)(XIV), pursuant to section 12-315-120 (5), may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.
(XIV) [Editor's note: This version of subsection (3)(a)(XIV) is effective
January 1, 2026.] Veterinary medical data, information, and records on individual animals that are owned by private individuals or business entities, but are in the custody of a veterinary medical practice or hospital, including the veterinary teaching hospital at Colorado state university, that provides veterinary medical care and treatment to animals. A veterinary-patient-client privilege exists with respect to such data, information, and records only when a person in interest and a veterinarian or veterinary professional associate enter into a mutual agreement to provide medical treatment for an individual animal and such person in interest maintains an ownership interest in such animal undergoing treatment. For purposes of this subsection (3)(a)(XIV), person in interest means the owner of an animal undergoing veterinary medical treatment or such owner's designated representative. Nothing in this subsection (3)(a)(XIV) shall prevent the state agricultural commission, the state agricultural commissioner, or the state board of veterinary medicine from exercising their investigatory and enforcement powers and duties granted pursuant to section 35-1-106 (1)(h), article 50 of title 35, and section 12-315-106 (5)(e), respectively. The veterinary-patient-client privilege described in this subsection (3)(a)(XIV), pursuant to section 12-315-120 (5), may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for an act of animal cruelty under section 18-9-202 or for an act of animal fighting under section 18-9-204.
(XV) Nominations submitted to a state institution of higher education for the
awarding of honorary degrees, medals, and other honorary awards by the institution, proposals submitted to a state institution of higher education for the naming of a building or a portion of a building for a person or persons, and records submitted to a state institution of higher education in support of such nominations and proposals;
(XVI) (Deleted by amendment, L. 2003, p. 1636, � 1, effective May 2, 2003.)
(XVII) Repealed.
(XVIII) (A) Military records filed with a county clerk and recorder's office
concerning a member of the military's separation from military service, including the form DD214 issued to a member of the military upon separation from service, that are restricted from public access pursuant to 5 U.S.C. sec. 552 (b)(6) and the requirements established by the national archives and records administration. Notwithstanding any other provision of this section, if the member of the military about whom the record concerns is deceased, the custodian shall allow the right of inspection to the member's parents, siblings, widow or widower, and children.
(B) On and after July 1, 2002, any county clerk and recorder that accepts for
filing any military records described in sub-subparagraph (A) of this subparagraph (XVIII) shall maintain such military records in a manner that ensures that such records will not be available to the public for inspection except as provided in sub-subparagraph (A) of this subparagraph (XVIII).
(C) Nothing in this subparagraph (XVIII) shall prohibit a county clerk and
recorder from taking appropriate protective actions with regard to records that were filed with or placed in storage by the county clerk and recorder prior to July 1, 2002, in accordance with any limitations determined necessary by the county clerk and recorder.
(D) The county clerk and recorder and any individual employed by the county
clerk and recorder shall not be liable for any damages that may result from good faith compliance with the provisions of this part 2.
(XIX) (A) Except as provided in subsection (3)(a)(XIX)(C) of this section,
applications for a marriage license submitted pursuant to part 1 of article 2 of title 14 and, except as provided in subsection (3)(a)(XIX)(C) of this section, applications for a civil union license submitted pursuant to article 15 of title 14. A person in interest under this subsection (3)(a)(XIX) includes an immediate family member of either party to the marriage application. As used in this subsection (3)(a)(XIX), immediate family member means a person who is related by blood, marriage, or adoption. Nothing in this subsection (3)(a)(XIX) is construed to prohibit the inspection of marriage licenses or marriage certificates or of civil union certificates or to otherwise change the status of those licenses or certificates as public records.
(B) Repealed.
(C) Upon application by any person to the district court in the district wherein
a record of an application for a marriage license or a civil union license is found, the district court may, in its discretion and upon good cause shown, order the custodian to permit the inspection of such record.
(XX) Repealed.
(XXI) All records, including, but not limited to, analyses and maps, compiled
or maintained pursuant to statute or rule by the department of natural resources or its divisions that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners or lands; except that summary or aggregated data that do not specifically identify individual landowners or specific parcels of land shall not be subject to this subparagraph (XXI);
(XXII) Personal information, as defined in section 18-9-313 (1)(l), in a record
for which the custodian has received a request under section 18-9-313, and personal information, as defined in section 18-9-313.5 (1)(e), in a record for which the custodian has received a request under section 18-9-313.5 (3), unless access to the information is authorized by section 18-9-313.5 (3)(c);
(XXIII) Records, including analyses and maps, compiled or maintained in
accordance with article 73 of title 35 that are based on information related to private lands and identify or allow to be identified any specific Colorado landowners, land managers, agricultural producers, or parcels of land; except that the custodian may release or authorize inspection of summary or aggregated data that do not specifically identify individual landowners, land managers, agricultural producers, or parcels of land;
(XXIV) Records that are not subject to disclosure pursuant to section 33-3-110.5;
(XXV) (A) Personally identifiable information that is contained within an
agreement or a contract concerning a student athlete's or a prospective student athlete's name, image, or likeness, or any communication or material related to an agreement or a contract concerning a student athlete's or a prospective student athlete's name, image, or likeness.
(B) As used in this subsection (3)(a)(XXV), personally identifiable
information means information that could reasonably be used to identify an individual, including first and last name; residence or other physical address; email address; telephone number; birth date; license fee paid to the student athlete or prospective student athlete for the use of their name, image, or likeness; credit card information; or social security number.
(C) As used in this subsection (3)(a)(XXV), student athlete has the same
meaning as set forth in section 23-16-301.
(XXVI) [Editor's note: For the applicability of this subsection (3)(a)(XXVI) on
or after January 1, 2026, see the editor's note following this section.] Records and information relating to the identification of persons filed with, maintained by, or prepared by the department of revenue pursuant to section 42-2-121.
(b) Nothing in this subsection (3) shall prohibit the custodian of records from
transmitting data concerning the scholastic achievement of any student to any prospective employer of such student, nor shall anything in this subsection (3) prohibit the custodian of records from making available for inspection, from making copies, print-outs, or photographs of, or from transmitting data concerning the scholastic achievement or medical, psychological, or sociological information of any student to any law enforcement agency of this state, of any other state, or of the United States where such student is under investigation by such agency and the agency shows that such data is necessary for the investigation.
(c) Nothing in this subsection (3) shall prohibit the custodian of the records
of a school, including any institution of higher education, or a school district from transmitting data concerning standardized tests, scholastic achievement, disciplinary information involving a student, or medical, psychological, or sociological information of any student to the custodian of such records in any other such school or school district to which such student moves, transfers, or makes application for transfer, and the written permission of such student or his or her parent or guardian shall not be required therefor. No state educational institution shall be prohibited from transmitting data concerning standardized tests or scholastic achievement of any student to the custodian of such records in the school, including any state educational institution, or school district in which such student was previously enrolled, and the written permission of such student or his or her parent or guardian shall not be required therefor.
(d) This subsection (3)(d) applies to all public schools and school districts
that receive funding under article 54 of title 22. Notwithstanding subsection (3)(a)(VI) of this section, under policies adopted by the local board of education, the names, addresses, and home telephone numbers of students in any secondary school must be released to a recruiting officer for any branch of the United States armed forces who requests such information, subject to the following:
(I) Each local board of education shall adopt a policy to govern the release of
the names, addresses, and home telephone numbers of secondary school students to military recruiting officers that provides that such information shall be released to recruiting officers unless a student submits a request, in writing, that such information not be released.
(II) The directory information requested by a recruiting officer shall be
released by the local board of education within ninety days of the date of the request.
(III) The local board of education shall comply with any applicable provisions
of the federal Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. sec. 1232g, and the federal regulations cited thereunder relating to the release of student information by educational institutions that receive federal funds.
(IV) Actual direct expenses incurred in furnishing this information shall be
paid for by the requesting service and shall be reasonable and customary.
(V) The recruiting officer shall use the data released for the purpose of
providing information to students regarding military service and shall not use it for any other purpose or release such data to any person or organization other than individuals within the recruiting services of the armed forces.
(e) (I) This subsection (3)(e) applies to all public schools and school districts.
Notwithstanding subsection (3)(a)(I) of this section, under policies adopted by each local board of education, consistent with applicable provisions of the federal Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. sec. 1232g, and all federal regulations and applicable guidelines adopted thereto, information directly related to a student and maintained by a public school or by a person acting for the public school must be available for release if the disclosure meets one or more of the following conditions:
(A) The disclosure is to other school officials, including teachers, working in
the school at which the student is enrolled who have specific and legitimate educational interests in the information for use in furthering the student's academic achievement or maintaining a safe and orderly learning environment;
(B) The disclosure is to officials of a school at which the student seeks or
intends to enroll or the disclosure is to officials at a school at which the student is currently enrolled or receiving services, after making a reasonable attempt to notify the student's parent or legal guardian or the student if he or she is at least eighteen years of age or attending an institution of postsecondary education, as prescribed by federal regulation;
(C) The disclosure is to state or local officials or authorities if the disclosure
concerns the juvenile justice system and the system's ability to serve effectively, prior to adjudication, the student whose records are disclosed and if the officials and authorities to whom the records are disclosed certify in writing that the information shall not be disclosed to any other party, except as otherwise provided by law, without the prior written consent of the student's parent or legal guardian or of the student if he or she is at least eighteen years of age or is attending an institution of postsecondary education;
(D) The disclosure is to comply with a judicial order or a lawfully issued
subpoena, if a reasonable effort is made to notify the student's parent or legal guardian or the student if he or she is at least eighteen years of age or is attending a postsecondary institution about the order or subpoena in advance of compliance, so that such parent, legal guardian, or student is provided an opportunity to seek protective action, unless the disclosure is in compliance with a federal grand jury subpoena or any other subpoena issued for a law enforcement purpose and the court or the issuing agency has ordered that the existence or contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
(E) The disclosure is in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the student or other individuals, as specifically prescribed by federal regulation.
(II) Nothing in this paragraph (e) shall prevent public school administrators,
teachers, or staff from disclosing information derived from personal knowledge or observation and not derived from a student's record maintained by a public school or a person acting for the public school.
(3.5) (a) Any individual who meets the requirements of this subsection (3.5)
may request that their address included in any public records concerning them that are required to be made, maintained, or kept pursuant to the following sections be kept confidential:
(I) Sections 1-2-227 and 1-2-301, C.R.S.;
(II) (Deleted by amendment, L. 2000, p. 1337, � 1, effective May 30, 2000.)
(III) Section 24-6-202.
(b) (I) An individual may make the request of confidentiality allowed by this
subsection (3.5) if the individual is a first responder or if the individual has reason to believe that the individual, or any member of the individual's immediate family who resides in the same household as the individual, will be exposed to criminal harassment as prohibited in section 18-9-111, or otherwise be in danger of bodily harm, if the individual's address is not kept confidential in accordance with this subsection (3.5).
(II) An individual must make the request for confidentiality allowed by
subsection (3.5)(a) of this section to the county clerk and recorder of the county where the individual making the request resides. The secretary of state shall approve the application form for a request for confidentiality. The application form shall provide space for the applicant to provide their name and address, date of birth, and any other identifying information determined by the secretary of state to be necessary to carry out this subsection (3.5). In addition, an affirmation must be printed on the form, in the area immediately above a line for the applicant's signature and the date, stating the following: I swear or affirm, under penalty of perjury, that I have reason to believe that I, or a member of my immediate family who resides in my household, will be exposed to criminal harassment, or otherwise be in danger of bodily harm, if my address is not kept confidential or that I am or have been a first responder or am or have been the spouse or civil union partner of a first responder and am eligible to have my address kept confidential pursuant to section 24-72-204 (3.5). Immediately below the signature line, there must be printed a notice, in a type that is larger than the other information contained on the form, that the applicant may be prosecuted for perjury in the second degree under section 18-8-503 if the applicant signs the affirmation and does not believe the affirmation to be true or is not or has not been a first responder or the spouse or civil union partner of a first responder.
(III) Each county clerk and recorder shall:
(A) Make the confidentiality request application forms available in their
office;
(B) Provide the confidentiality request application forms to interested
persons by United States mail, email delivery, or facsimile transmission, if requested;
(C) Permit individuals to submit completed and signed confidentiality
request application forms by United States mail, personal delivery, email delivery, or facsimile transmission; and
(D) Process an individual's request for confidentiality pursuant to this
subsection (3.5) without imposing a processing fee or any other charge.
(IV) The secretary of state shall provide an opportunity for any individual to
make the request of confidentiality allowed by paragraph (a) of this subsection (3.5), with respect to the records described in subparagraph (III) of paragraph (a) of this subsection (3.5). The secretary of state may charge a processing fee, not to exceed five dollars, for each such request. All processing fees collected by the secretary of state pursuant to this subparagraph (IV) or subparagraph (III) of this paragraph (b) shall be transmitted to the state treasurer, who shall credit the same to the department of state cash fund.
(V) Repealed.
(c) The custodian of any records described in subsection (3.5)(a) of this
section that concern an individual who has made a request for confidentiality pursuant to this subsection (3.5) shall deny the right of inspection of the individual's address contained in such records on the ground that disclosure would be contrary to the public interest; except that the custodian shall allow the inspection of the records by the individual, by any person authorized in writing by that individual, and by any individual employed by one of the following entities who makes a request to the custodian to inspect the records and who provides evidence satisfactory to the custodian that the inspection is reasonably related to the authorized purpose of the employing entity:
(I) A criminal justice agency, as defined by section 24-72-302 (3);
(II) An agency of the United States, the state of Colorado, or of any political
subdivision or authority thereof;
(III) A person required to obtain such individual's address in order to comply
with federal or state law or regulations adopted pursuant thereto;
(IV) An insurance company which has a valid certificate of authority to
transact insurance business in Colorado as required in section 10-3-105 (1), C.R.S.;
(V) A collection agency which has a valid license as required by section 5-16-115 (1);
(VI) A supervised lender licensed pursuant to section 5-1-301 (46), C.R.S.;
(VII) A bank as defined in section 11-101-401 (5), C.R.S., a trust company as
defined in section 11-109-101 (11), C.R.S., a credit union as defined in section 11-30-101 (1), C.R.S., a domestic savings and loan association as defined in section 11-40-102 (5), C.R.S., a foreign savings and loan association as defined in section 11-40-102 (8), C.R.S., or a broker-dealer as defined in section 11-51-201 (2), C.R.S.;
(VIII) An attorney licensed to practice law in Colorado or his representative
authorized in writing to inspect such records on behalf of the attorney;
(IX) A manufacturer of any vehicle required to be registered pursuant to the
provisions of article 3 of title 42, C.R.S., or a designated agent of such manufacturer. Such inspection shall be allowed only for the purpose of identifying, locating, and notifying the registered owners of such vehicles in the event of a product recall or product advisory and may also be allowed for statistical purposes where such address is not disclosed by such manufacturer or designated agent. No person who obtains the address of an individual pursuant to this subparagraph (IX) shall disclose such information, except as necessary to accomplish said purposes.
(d) Notwithstanding any provisions of this subsection (3.5) to the contrary,
any person who appears in person in the office of any custodian of records described in paragraph (a) of this subsection (3.5) and who presents documentary evidence satisfactory to the custodian that such person is a duly accredited representative of the news media may verify the address of an individual whose address is otherwise protected from inspection in accordance with this subsection (3.5). Such verification shall be limited to the custodian confirming or denying that the address of an individual as known to the representative of the news media is the address of the individual as shown by the records of the custodian.
(e) A person shall not make any false statement in requesting any
information pursuant to subsection (3.5)(c) or (3.5)(d) of this section.
(f) Any request of confidentiality made pursuant to this subsection (3.5) shall
be kept confidential and shall not be open to inspection as a public record unless a written release is executed by the person who made the request.
(g) Prior to the release of any information required to be kept confidential
pursuant to this subsection (3.5), the custodian shall require the person requesting the information to produce a valid Colorado driver's license or identification card and written authorization from any entity authorized to receive information under this subsection (3.5). The custodian shall keep a record of the requesting person's name, address, and date of birth and shall make such information available to the individual requesting confidentiality under this subsection (3.5) or any person authorized by such individual.
(h) As used in this subsection (3.5), unless the context otherwise requires,
first responder means an elector, as defined in section 1-1-104 (12), who is or who has been one of the following:
(I) A peace officer, as described in section 16-2.5-101;
(II) A firefighter, as defined in section 29-5-203 (10);
(III) A volunteer firefighter, as defined in section 31-30-1102 (9)(a);
(IV) An emergency medical service provider, as defined in section 25-3.5-103
(8);
(V) An emergency communications specialist, as defined in section 29-11-101
(10.5);
(VI) The spouse or civil union partner of an individual specified in subsection
(3.5)(h)(I), (3.5)(h)(II), (3.5)(h)(III), (3.5)(h)(IV), or (3.5)(h)(V) of this section.
(4) If the custodian denies access to any public record, the applicant may
request a written statement of the grounds for the denial, which statement shall cite the law or regulation under which access is denied and shall be furnished forthwith to the applicant.
(5) (a) Except as provided in subsection (5.5) of this section, any person
denied the right to inspect any record covered by this part 2 or who alleges a violation of section 24-72-203 (3.5) may apply to the district court of the district wherein the record is found for an order directing the custodian of such record to show cause why the custodian should not permit the inspection of such record; except that, at least fourteen days prior to filing an application with the district court, the person who has been denied the right to inspect the record shall file a written notice with the custodian who has denied the right to inspect the record informing the custodian that the person intends to file an application with the district court. During the fourteen-day period before the person may file an application with the district court under this subsection (5)(a), the custodian who has denied the right to inspect the record shall either meet in person or communicate on the telephone with the person who has been denied access to the record to determine if the dispute may be resolved without filing an application with the district court. The meeting may include recourse to any method of dispute resolution that is agreeable to both parties. Any common expense necessary to resolve the dispute must be apportioned equally between or among the parties unless the parties have agreed to a different method of allocating the costs between or among them. If the person who has been denied access to inspect a record states in the required written notice to the custodian that the person needs to pursue access to the record on an expedited basis, the person must provide such written notice, including a factual basis of the expedited need for the record, to the custodian at least three business days prior to the date on which the person files the application with the district court and, in such circumstances, no meeting to determine if the dispute may be resolved without filing an application with the district court is required.
(b) Hearing on the application described in subsection (5)(a) of this section
must be held at the earliest practical time. Unless the court finds that the denial of the right of inspection was proper, it shall order the custodian to permit such inspection and shall award court costs and reasonable attorney fees to the prevailing applicant in an amount to be determined by the court; except that no court costs and attorney fees shall be awarded to a person who has filed a lawsuit against a state public body or local public body and who applies to the court for an order pursuant to subsection (5)(a) of this section for access to records of the state public body or local public body being sued if the court finds that the records being sought are related to the pending litigation and are discoverable pursuant to chapter 4 of the Colorado rules of civil procedure. In the event the court finds that the denial of the right of inspection was proper, the court shall award court costs and reasonable attorney fees to the custodian if the court finds that the action was frivolous, vexatious, or groundless.
(5.5) (a) Any person seeking access to the record of an executive session
meeting of a state public body or a local public body recorded pursuant to section 24-6-402 (2)(d.5) shall, upon application to the district court for the district wherein the records are found, show grounds sufficient to support a reasonable belief that the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or that the state public body or local public body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4). If the applicant fails to show grounds sufficient to support such reasonable belief, the court shall deny the application and, if the court finds that the application was frivolous, vexatious, or groundless, the court shall award court costs and attorney fees to the prevailing party. If an applicant shows grounds sufficient to support such reasonable belief, the applicant cannot be found to have brought a frivolous, vexatious, or groundless action, regardless of the outcome of the in camera review.
(b) (I) Upon finding that sufficient grounds exist to support a reasonable
belief that the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or that the state public body or local public body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4), the court shall conduct an in camera review of the record of the executive session to determine whether the state public body or local public body engaged in substantial discussion of any matters not enumerated in section 24-6-402 (3) or (4) or adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of section 24-6-402 (3)(a) or (4).
(II) If the court determines, based on the in camera review, that violations of
the open meetings law occurred, the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in section 24-6-402 (3) or (4) or the adoption of a proposed policy, position, resolution, rule, regulation, or formal action shall be open to public inspection.
(6) (a) If, in the opinion of the official custodian of any public record,
disclosure of the contents of said recor
C.R.S. § 24-75-601.1
24-75-601.1. Legal investments of public funds - definition. (1) It is lawful to invest public funds in any of the following securities:
(a) Any security issued by, fully guaranteed by, or for which the full credit of
the United States treasury is pledged for payment and, notwithstanding paragraph (a) of subsection (1.3) of this section, inflation indexed securities issued by the United States treasury. The period from the date of settlement of this type of security to its maturity date shall be no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years.
(b) (I) Any security issued by, fully guaranteed by, or for which the full credit
of the following is pledged for payment: The federal farm credit bank, the federal land bank, a federal home loan bank, the federal home loan mortgage corporation, the federal national mortgage association, the export-import bank, the Tennessee valley authority, the government national mortgage association, the world bank, or an entity or organization that is not listed in this paragraph (b) but that is created by, or the creation of which is authorized by, legislation enacted by the United States congress and that is subject to control by the federal government that is at least as extensive as that which governs an entity or organization listed in this paragraph (b). The period from the date of settlement of this type of security to its maturity date shall be no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years.
(II) No subordinated security may be purchased pursuant to this paragraph
(b).
(c) (Deleted by amendment, L. 2006, p. 552, � 3, effective August 7, 2006.)
(d) (I) Any security that is a general obligation of any state of the United
States, the District of Columbia, or any territorial possession of the United States or of any political subdivision, institution, department, agency, instrumentality, or authority of any of such governmental entities.
(II) No security may be purchased pursuant to this subsection (1)(d) unless:
(A) At the time of purchase, the security carries at least two credit ratings at
or above A- or A3 or its equivalent from NRSROs if it is a general obligation of this state or of any political subdivision, institution, department, agency, instrumentality, or authority of this state or carries at least two credit ratings at or above AA- or Aa3 or its equivalent from such NRSROs if it is a general obligation of any other governmental entity listed in subsection (1)(d)(I) of this section;
(B) (Deleted by amendment, L. 2006, p. 552, � 3, effective August 7, 2006.)
(C) The period from the date of settlement of this type of security to its
maturity date or date of optional redemption that has been exercised as of the date the security is purchased is no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years.
(e) (I) Any security that is a revenue obligation of any state of the United
States, the District of Columbia, or any territorial possession of the United States or of any political subdivision, institution, department, agency, instrumentality, or authority of any of such governmental entities.
(II) No security may be purchased pursuant to this subsection (1)(e) unless, at
the time of purchase, the security carries at least two credit ratings at or above A- or A3 or its equivalent from NRSROs if it is a revenue obligation of this state or of any political subdivision, institution, department, agency, instrumentality, or authority of this state or carries at least two credit ratings at or above AA- or Aa3 or its equivalent from such NRSROs if it is a revenue obligation of any other governmental entity listed in subsection (1)(e)(I) of this section.
(III) The period from the date of settlement of this type of security to its
maturity date or date of optional redemption that has been exercised as of the date the security is purchased shall be no more than five years.
(f) and (g) (Deleted by amendment, L. 2006, p. 552, � 3, effective August 7,
2006.)
(h) Any security of the investing public entity or any certificate of
participation or other security evidencing rights in payments to be made by the investing public entity under a lease, financed purchase of an asset agreement, or similar arrangement;
(h.5) Any certificate of participation or other security evidencing rights in
payments to be made by a school district under a lease, financed purchase of an asset agreement, or similar arrangement if the security, at the time of purchase, carries at least two credit ratings from NRSROs and is rated at or above A- or A3 or its equivalent by all such organizations that have provided a rating;
(i) Any interest in any local government investment pool organized pursuant
to part 7 of this article;
(j) The purchase of any repurchase agreement concerning any securities
referred to in paragraph (a) or (b) of this subsection (1) that can otherwise be purchased under this section if all of the conditions of subparagraphs (I) to (VI) of this paragraph (j) are met:
(I) The securities subject to the repurchase agreement must be marketable.
(II) The title to or a perfected security interest in such securities along with
any necessary transfer documents must be transferred to the investing public entity or to a custodian acting on behalf of the investing public entity.
(III) Such securities must be actually delivered versus payment to the public
entity's custodian or to a third-party custodian or third-party trustee for safekeeping on behalf of the public entity.
(IV) The collateral securities of the repurchase agreement must be
collateralized at no less than one hundred two percent and marked to market no less frequently than weekly.
(V) The securities subject to the repurchase agreement may have a maturity
in excess of five years.
(VI) The period from the date of settlement of a repurchase agreement to its
maturity date shall be no more than five years unless the governing body of the public entity authorizes investment for a period in excess of five years.
(j.5) Any reverse repurchase agreement concerning any securities referred
to in paragraph (a) or (b) of this subsection (1) that can otherwise be purchased under this section if all of the conditions of subparagraphs (I) to (VII) of this paragraph (j.5) are met:
(I) Any necessary transfer documents must be transferred to the investing
public entity.
(II) Cash must be received by the investing public entity or a custodian acting
on behalf of the investing public entity in a deliver versus payment settlement.
(III) The cash received from a reverse repurchase agreement must be
collateralized at no more than one hundred and five percent and marked to market no less frequently than weekly.
(IV) The repurchase agreement is not greater than ninety days in maturity
from the date of settlement unless the governing body of the public entity authorizes investment for a period in excess of ninety days.
(V) The counter-party meets the credit conditions of an issuer that would
qualify under paragraph (m) of this subsection (1).
(VI) The value of all securities reversed under this paragraph (j.5) does not
exceed eighty percent of the total deposits and investments of the public entity.
(VII) No securities are purchased with the proceeds of the reverse
repurchase agreement that are greater in maturity than the term of the reverse repurchase agreement.
(j.7) A securities lending agreement in which the public entity lends
securities in exchange for securities authorized for investment in this section, if all of the following conditions are met:
(I) Any necessary transfer documents must be transferred to the investing
public entity.
(II) Securities must be received by the investing public entity or a custodian
acting on behalf of the investing public entity in a simultaneous settlement.
(III) The securities received in the securities lending agreement must be no
less than one hundred two percent of the value of the securities lent and marked to market no less frequently than weekly.
(IV) The counter-party meets the conditions of an issuer specified in
paragraph (m) of this subsection (1).
(V) In the case of a local government, the securities lending agreement shall
be approved and designated by written resolution adopted by a majority vote of the governing body of the local government, which resolutions shall be recorded in its minutes.
(k) Any money market fund that is registered as an investment company
under the federal Investment Company Act of 1940, as amended, if, at the time the investing public entity invests in such fund:
(I) The investment policies of the fund include seeking to maintain a constant
share price;
(II) No sales or load fee is added to the purchase price or deducted from the
redemption price of the investments in the fund and no fee may be charged unless the governing body of the public entity authorizes such a fee at the time of the initial purchase;
(III) The fund operates in accordance with rule 2a-7 under the federal
Investment Company Act of 1940, as amended, or any successor regulation under that act regulating money market funds. The fund must have an investment policy or objective which seeks to maintain a stable net asset value of one dollar per share.
(IV) Repealed.
(l) (I) Any guaranteed investment contract, guaranteed interest contract,
annuity contract, or funding agreement if, at the time the contract or agreement is entered into, the long-term credit rating, financial obligations rating, claims paying ability rating, or financial strength rating of the party, or of the guarantor of the party, with whom the public entity enters the contract or agreement is, at the time of issuance, rated in one of the two highest rating categories by two or more NRSROs.
(II) (Deleted by amendment, L. 2004, p. 950, � 7, effective May 21, 2004.)
(III) (A) Except as provided in sub-subparagraph (B) of this subparagraph (III),
the contracts or agreements purchased under this paragraph (l) shall not have a maturity period greater than three years.
(B) Contracts or agreements with a maturity period greater than three years
shall only be purchased with proceeds of the sale of securities of a public entity and proceeds of certificates of participation or other securities evidencing rights in payments to be made by a public entity under a lease, financed purchase of an asset agreement, or other similar arrangement or if purchased by revenues pledged to the payment of such securities or certificates; except that no contract or agreement may be purchased pursuant to this subsection (1)(l) with the proceeds of any of the foregoing that are held in an escrow or otherwise for the purpose of refunding bonds or other obligations of a public entity.
(m) (I) Any corporate or bank security that is denominated in United States
dollars, that matures within three years from the date of settlement, that at the time of purchase carries at least two credit ratings from any of the NRSROs, and that is not rated below:
(A) A1, P1, or F1 or their equivalents by either rating used to fulfill the
requirements of this subparagraph (I) if the security is a money market instrument such as commercial paper or bankers' acceptance; or
(B) AA- or Aa3 or their equivalents by either rating used to fulfill the
requirements of this subparagraph (I) if the security is any other kind of security.
(C) These rating requirements first apply to the security being purchased
and second, if the security itself is unrated, to the issuer, provided the security contains no provisions subordinating it from being a senior debt obligation of the issuer.
(II) At no time shall the book value of a public entity's investment in notes
evidencing a debt pursuant to this paragraph (m) exceed the following:
(A) Fifty percent of the book value of the public entity's investment portfolio
unless the governing body of the public entity authorizes a greater percent of such book value; or
(B) Five percent of the book value of the public entity's investment portfolio
if the notes are issued by a single corporation or bank unless the governing body of the public entity authorizes a greater percent of such book value.
(III) No subordinated security may be purchased pursuant to this paragraph
(m). No security issued by a corporation or bank that is not organized and operated within the United States may be purchased pursuant to this paragraph (m) unless the governing body of the public entity authorizes investment in such securities.
(IV) As used in this subsection (1)(m), the term bank security includes
negotiable certificates of deposit issued by banks organized and chartered within the United States. Public entities must consider these bank securities as investments and not deposits subject to the protections of the Public Deposit Protection Act, article 10.5 of title 11, or insured by the federal deposit insurance corporation.
(n) (Deleted by amendment, L. 2006, p. 552, � 3, effective August 7, 2006.)
(1.3) (a) Except as provided in subsections (1)(a) and (1.3)(b) of this section,
public funds must not be invested in any security on which the coupon rate is not fixed, or a schedule of specific fixed coupon rates is not established, from the time the security is settled until its maturity date, other than shares in qualified money market mutual funds, unless the coupon rate is:
(I) Established by reference to the United States dollar London interbank
offer rate of one year or less maturity, the secured overnight financing rate, the federal funds rate, or other reference rates which are similar to the United States dollar London interbank offer rate, the secured overnight financing rate, the federal funds rate, the cost of funds index, or the prime rate as published by the federal reserve; and
(II) Expressed as a positive value of the referenced index plus or minus a
fixed number of basis points.
(b) A municipal index may be used for the investment of bond or note
accounts from issues with coupons linked to the same index.
(c) For purposes of this section, maturity date means the last possible date,
barring default, that principal can be repaid to the purchaser.
(1.5) Any firm that sells any financial instrument that fails to comply with the
provisions of this section to any public entity in the state of Colorado shall, upon demand of the public entity through the state treasurer, repurchase such instruments for the greater of the original purchase principal amount or the original face value, plus any and all accrued interest, within one business day of the demand.
(2) Investments made pursuant to this section shall be made in conformance
with the standard set forth in section 15-1-304, C.R.S.
(2.3) Public entities shall adopt criteria designating eligible broker-dealers
for the purchase of term securities, except for bond proceed investments, under this section.
(2.5) (a) If a public entity invests public moneys through an investment firm
offering for sale corporate stocks, bonds, notes, debentures, or a mutual fund that contains corporate securities, the investment firm shall disclose, in any research or other disclosure documents provided in support of the securities being offered, to the public entity whether the investment firm has an agreement with a for-profit corporation that is not a government-sponsored enterprise, whose securities are being offered for sale to the public entity and because of such agreement the investment firm:
(I) Had received compensation for investment banking services within the
most recent twelve months; or
(II) May receive compensation for investment banking services within the
next three consecutive months.
(b) For the purposes of this subsection (2.5), investment firm means a bank,
brokerage firm, or other financial services firm conducting business within this state, or any agent thereof.
(3) Nothing in this section is intended to limit:
(a) The power of any public entity to invest any public funds in any security
or other investment permitted to such public entities under any other valid law of the state; or
(b) The power of any home rule city, city and county, town, or county to
invest any public funds in any security or other investment permitted under the charter or ordinance of such home rule city, city and county, town, or county; or
(c) The authority of the state board of regents to invest any funds available
to the board in any security or other investment otherwise provided by law.
(3.5) (Deleted by amendment, L. 2006, p. 552, � 3, effective August 7, 2006.)
(4) Nothing in this section is intended to apply to public funds held or
invested as part of any pension plan, full or supplemental retirement plan, or deferred compensation plan.
(5) Nothing in this section applies to public funds held or invested as part of
any payment or settlement to offset the socioeconomic impacts to a community or government from the closure of a coal mine or coal power generating station.
Source: L. 89: Entire section added, p. 1102, � 2, effective July 1. L. 91: (4)
amended, p. 1917, � 39, effective June 1. L. 93: (1)(k)(II), IP(1)(k)(III), and (1)(k)(III)(C) amended and (1)(k)(IV) added, p. 1260, � 7, effective June 6. L. 94: (1)(k)(III) amended and (1)(m) added, p. 449, � 1, effective March 29. L. 95: IP(1)(j), (1)(k)(III), (1)(k)(III)(C), and (1)(k)(III)(D) amended and (1.3) and (1.5) added, p. 772, � 1, effective May 24. L. 2000: (1)(n) added, p. 182, � 2, effective August 2; (3.5) added, p. 811, � 1, effective August 2. L. 2002: (1)(d)(II) and (3.5) amended, pp. 258, 259, �� 2, 3, effective April 12. L. 2003: (1)(l)(I) amended, p. 623, � 40, effective July 1; (2.5) added, p. 674, � 3, effective August 6. L. 2004: (1)(j)(I) and (1)(l) amended, p. 950, � 7, effective May 21. L. 2006: Entire section amended, p. 552, � 3, effective August 7. L. 2009: (1)(h.5) added, (SB 09-256), ch. 294, p. 1569, � 36, effective May 21. L. 2012: (1)(b)(II) and (1)(m)(I) amended and (1)(m)(III) added, (HB 12-1005), ch. 6, p. 19, � 1, effective March 7. L. 2014: (1)(d)(II)(A), (1)(d)(II)(C), (1)(e)(II), (1)(e)(III), (1)(h.5), (1)(k)(III), and (1)(l)(I) amended, (HB 14-1103), ch. 81, p. 322, � 1, effective March 27. L. 2019: IP(1)(d)(II), (1)(d)(II)(A), (1)(e)(II), (1)(h.5), (1)(k)(III), (1)(l)(I), IP(1)(m)(I), IP(1.3)(a), and (1.3)(a)(I) amended, (1)(k)(IV) repealed, and (1)(m)(I)(C) and (1)(m)(IV) added, (HB 19-1179), ch. 279, p. 2620, � 2, effective August 2. L. 2021: (1)(h), (1)(h.5), and (1)(l)(III)(B) amended, (HB 21-1316), ch. 325, p. 2032, � 45, effective July 1. L. 2025: (5) added, (SB 25-037), ch. 364, p. 1977, � 5, effective June 3.
Cross references: For the legislative declaration contained in the 2002 act
amending subsections (1)(d)(II) and (3.5), see section 1 of chapter 94, Session Laws of Colorado 2002.
C.R.S. § 24-75-605
24-75-605. Legal investments - cities of twenty-five thousand or more population - limitation in class of investments. (1) Whenever cities having a population of twenty-five thousand or more, as determined by the last preceding federal decennial census, have moneys in policemen's or firefighters' pension funds, or other special funds of said cities, including pension, endowment, and trust funds, whether or not administered by a board or similar authority, it is lawful to invest or reinvest these moneys as set forth in this section if the authorization to invest moneys as provided in this section does not affect the administration of or control over the various funds, to wit:
(a) Class 1. Bonds, warrants, or checks of the United States, the state of
Colorado, or in the bonds of any other state of the United States;
(b) Class 2. General obligation bonds of any city, town, or school district of
the state of Colorado, the valuation for assessment of which city, town, or school district in the year next preceding the year in which such bonds may be purchased equals or exceeds two million dollars;
(c) Class 3. Obligations secured by first liens on real estate or by pledge of
specific income or revenue and issued, insured, or guaranteed by any agency or instrumentality of the United States or the state of Colorado;
(d) Class 4. Notes, bonds, or debentures which are direct obligations of
United States corporations engaged in the production, transportation, distribution, or sale of electricity or gas, or the operation of telephone or telegraph systems or water works, or any combination of them, which, at the time of purchase, are designated as investment grade securities by any two nationally recognized investment services as may, from time to time, be designated by the city council;
(e) Class 5. In share certificates for savings accounts in any state or
federally chartered savings and loan association in Colorado if said association is a member of the federal deposit insurance corporation or its successor and further if the full amount of each account is insured by the federal deposit insurance corporation or its successor; and in any time certificate of deposit or savings account in any state or national bank in Colorado, which certificates of deposit or savings accounts are fully insured by the federal deposit insurance corporations or its successor;
(f) Class 6. In stocks, preferred or common, or bonds of corporations, created
or existing under the laws of the United States, or any state, district, or territory thereof, which, at the time of purchase, are listed on a national stock exchange in the United States.
(2) Investments under this section shall be limited in their acquisition and
retention in the above classes of securities so that the aggregate of all investments in each separate fund at any time shall be as follows:
(a) Classes 1, 2, and 3, or any combination thereof, up to any amount but not
less than seventy percent;
(b) Class 4. In any amount not to exceed thirty percent;
(c) Class 5. In any amount that is fully insured by the federal deposit
insurance corporation or its successor.
(3) The legal investments in this section authorized for cities having a
population of twenty-five thousand or more shall be in addition to those investments otherwise by law authorized for said cities.
(4) Notwithstanding the provisions of subsection (2) of this section,
investments of firefighters' pension funds shall be limited in their acquisition and retention in the classes of securities set forth in subsection (1) of this section so that the aggregate of all investments in each separate fund at any time shall be as follows:
(a) Classes 1, 2, and 3, or any combination thereof, up to any amount but not
less than fifty percent;
(b) Class 4. In any amount not to exceed fifty percent, but not more than fifty
percent of such class 4 aggregate may be invested in class 4 notes, bonds, or debentures which are convertible into shares of common stock or in common stocks of such class 4;
(c) Class 6. In any amount not to exceed fifty percent;
(d) As a further limitation thereon, in any amount not to exceed seven
percent or one hundred thousand dollars, whichever is the greater, of any one issue valued at the time of purchase;
(e) In no event shall any investment be made in the common or preferred
stock, or both, of any single corporation in an amount in excess of five percent of the then book value of the assets of the retirement fund.
Source: L. 63: p. 685, � 1. C.R.S. 1963: � 83-1-5. L. 69: p. 689, � 1. L. 97: IP(1)
and IP(4) amended, p. 1022, � 40, effective August 6. L. 2004: (1)(e) and (2)(c) amended, p. 154, � 69, effective July 1. L. 2014: (1)(a) amended, (HB 14-1391), ch. 328, p. 1456, � 21, effective June 5.
PART 7
INVESTMENT FUNDS - LOCAL GOVERNMENT POOLING
Editor's note: This part 7 was added in 1983. This part 7 was repealed and
reenacted in 1993, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 7 prior to 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
C.R.S. § 24-75-701
24-75-701. Definitions. As used in this part 7, unless the context otherwise requires:
(1) Administrator means the administrator of a local government
investment pool trust fund created pursuant to section 24-75-703.
(2) Board or board of trustees means the board of trustees composed of
members that are selected from among the treasurers or other local officials empowered to invest the funds of local governments pursuant to section 24-75-703 (2), and any other independent and unaffiliated trustees named by such members.
(3) Custodian means a designee located in the state of Colorado, with
authority, including control, over public funds of a local government investment pool trust fund. For purposes of this subsection (3), control includes possession of public funds of a local government investment pool trust fund, as well as the authority to establish accounts for such public funds in banks and to make deposits, withdrawals, or disbursements of such public funds. If the exercise of authority over such public funds requires action by or the consent of two or more putative custodians, then such custodians shall be treated as one custodian with respect to such public funds.
(4) Financial institution means an institution, with its primary place of
business in this state and authorized by its charter to exercise fiduciary powers, that is a state bank, savings and loan association, or trust company chartered by this state, a national bank organized or chartered under chapter 2 of title 12 of the United States Code, or a federal savings and loan association organized or chartered under chapter 12 of title 12 of the United States Code.
(5) (a) Investment adviser means, except as provided in paragraph (b) of
this subsection (5), any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. Investment adviser also includes financial planners and other persons who, as an integral component of other financially related services, provide such investment advisory services to a local government investment pool trust fund for compensation or who hold themselves out as providing investment advisory services to a local government investment pool trust fund for compensation.
(b) Investment adviser does not include:
(I) A publisher of any bona fide newspaper, magazine, or business or financial
publication with a regular and paid circulation; a publisher of any securities advisory newsletter with a regular and paid circulation which does not provide advice to subscribers on their specific investment situations; or any author of material included in any such newspaper, magazine, publication, or newsletter who does not otherwise come within the definition of an investment adviser or investment adviser representative;
(II) An investment adviser representative;
(III) A broker-dealer or sales representative for a broker-dealer licensed by
the securities commissioner whose performance of investment advisory services is solely incidental to the conduct of its business as a broker-dealer and who receives no special compensation for such services;
(IV) A financial institution or any person employed by or directly associated
with a financial institution;
(V) A lawyer, certified public accountant, professional engineer, professional
geologist, or teacher, if such person:
(A) Does not take possession of the funds or securities of a local government
investment pool trust fund in connection with providing investment advisory services; and
(B) Does not receive commissions or other compensation, directly or
indirectly, from the sale of any security to any local government investment pool trust fund to whom such person provides advice about the value or advisability of investing in such security; and
(C) Does not engage in the business of advising a local government
investment pool trust fund as to the value of securities or as to the advisability of investing in, purchasing, or selling securities and provides such advice, if at all, in a manner solely incidental to the practice of the person's profession;
(VI) Any official, employee, or representative of the United States, any state,
any political subdivision of a state, or any agency or body corporate or other instrumentality thereof, acting in such person's official capacity on behalf of such entity;
(VII) Any other person or class of persons the securities commissioner
designates by rule or order.
(6) Investment adviser representative means any individual who is a
partner, officer, or director of an investment adviser, who occupies a similar status with or performs similar functions for an investment adviser, or who is employed or otherwise associated with an investment adviser, except clerical or ministerial personnel, and who:
(a) Makes any recommendations or otherwise renders advice regarding
securities;
(b) Manages accounts or portfolios of clients of the investment adviser;
(c) Determines which recommendation or advice regarding securities should
be given;
(d) Solicits, offers, negotiates for the sale of, or sells, investment advisory
services; or
(e) Supervises employees who perform any of the duties specified in this
subsection (6).
(7) Investment advisory services means those activities performed by a
person in connection with such person's engaging in any of the activities described in paragraph (a) of subsection (5) of this section.
(8) Local government means any county, city and county, town, school
district, special district, or other political subdivision of the state, or any department, agency, or instrumentality thereof, or any political or public corporation of the state.
(9) Local government investment pool trust fund means the trust fund
created pursuant to section 24-75-703, that is comprised of moneys deposited by participating local governments in such trust fund and held by a custodian.
(10) Participating local government means a local government that
participates in a local government investment pool trust fund.
(11) Securities commissioner means the commissioner of securities created
by section 11-51-701, C.R.S.
(12) Trust fund means a local government investment pool trust fund.
Source: L. 93: Entire part R&RE, p. 317, � 1, effective July 1. L. 2005: (4)
amended, p. 771, � 47, effective June 1. L. 2013: (4) amended, (SB 13-154), ch. 282, p. 1488, � 69, effective July 1.
C.R.S. § 24-75-703
24-75-703. Local government investment pooling - trust method - resolution - filing requirements. (1) The governing body of each local government that desires to participate in a local government investment pool trust fund shall cooperate in drafting a uniform resolution to be adopted by a majority vote of the governing body of each participating local government. The resolution shall provide for, but need not be limited to, the following:
(a) Establishment of a local government investment pool trust fund;
(b) A statement of the purposes and objectives of the trust fund, including,
but not limited to:
(I) The investment objectives of the trust fund;
(II) A description of eligible trust fund investments;
(III) Credit standards for trust fund investments;
(IV) Allowable maturity ranges for trust fund investments;
(V) The portfolio concentrations permitted for each type of security owned
by the trust fund; and
(VI) Supervision of the trust fund by a board of trustees composed of
members that are selected from among the treasurers or other local officials empowered to invest local funds of the participating local governments and such other independent and unaffiliated trustees named by such members and, a description of the powers and duties of the board of trustees;
(c) Appointment of an administrator with its primary place of business in this
state for the trust fund by the board of trustees, the manner of such administrator's appointment, and the duties of such administrator;
(d) Appointment of a custodian of the trust fund by the board of trustees and
a statement of the powers and duties of the custodian and the custodial arrangements, including, but not limited to:
(I) The safekeeping practices utilized for the trust fund;
(II) Maximum and minimum account sizes;
(III) Maximum and minimum transaction sizes for deposits to and withdrawals
from such accounts;
(IV) Instructions for establishing accounts and making deposits to and
withdrawals from such accounts; and
(V) The requirement that the primary records of the trust fund be maintained
in this state;
(e) Appointment by the board of trustees of an investment adviser with its
principal place of business in this state registered with the securities and exchange commission under the federal Investment Advisers Act of 1940, or licensed as an investment adviser by the securities commissioner, or either a licensed broker-dealer with its primary place of business in this state or a financial institution to act in an advisory capacity, and a description of the duties and obligations of such adviser, advisory broker-dealer, or financial institution;
(f) The repayment from the earnings of the trust fund of costs incurred in the
establishment of the trust fund;
(g) Payment of the expenses of administration from the income received
from the earnings of the trust fund;
(h) Limitations, if any, on the aggregate amount of moneys which any
participating local government may have on deposit in the trust fund at one time;
(i) Limitations, if any, on the period of time that the funds of any participating
local government may be held in trust;
(j) Penalties upon participating local governments for early withdrawal of
funds and procedures for resolving other contingencies which may jeopardize the earning potential of the trust fund; except that, any such penalty shall be payable only from earnings on the funds of the participating local government and the amount deposited by each participating local government in the trust fund;
(k) Distribution of the income from earnings of the trust fund to participating
local governments on a pro rata basis;
(l) Maintenance of separate accounts for each participating local
government; however, individual transactions and totals of all investments, or the share belonging to each participating local government, shall be recorded in the accounts;
(m) Annual audits of trust fund management pursuant to section 11-51-906
(4), C.R.S.;
(n) Quarterly reports to each participating local government which show the
investments and the earnings thereon pursuant to section 11-51-906 (2), C.R.S.;
(o) Disclosure of administrative and associated costs incurred by the trust
fund;
(p) Purchase of surety or other bonds necessary to protect the trust fund;
(q) That neither the trust fund's administrator, investment adviser, or
investment adviser representative may act as a principal in the purchase of securities from or the sale of securities to the trust fund; and
(r) The method of voting of the trust membership and whether the voting
shall be by each participating local government or by number of shares held by any participating local government.
(2) The securities commissioner may, by rule or order and subject to such
terms and conditions as prescribed therein, waive any of the requirements set forth in subsection (1) of this section if the securities commissioner finds that the applicability of such requirements is not necessary in the public interest and for the protection of participating local governments.
(3) By separate resolution similarly adopted, the governing body of each
participating local government shall authorize investment of any moneys in its treasury, which are not immediately required to be disbursed, in a local government investment pool trust fund established pursuant to this section. The resolution shall name the local government official, who may be the treasurer or other official empowered to invest local funds, responsible for deposit and withdrawal of such funds. In making such deposits and withdrawals, such official shall use prudence and care to preserve the principal and to secure the maximum rate of interest consistent with safety and liquidity. The resolution shall be filed with the board of trustees of the trust fund.
(4) Any local government which invests in a local government investment
pool trust fund shall make available for public inspection the name, address, and telephone number of any such trust fund in which the local government has deposited funds, as well as the most recent information statement or prospectus provided by such trust fund describing the funds, investments, and performance, including net rate of return earned for the most recent year or quarter after deduction of administrative expenses.
Source: L. 93: Entire part R&RE, p. 320, � 1, effective July 1. L. 98: (1)(e)
amended, p. 566, � 20, effective January 1, 1999.
Editor's note: This section is similar to former � 24-75-702 as it existed prior
to 1993.
C.R.S. § 24-75-707
24-75-707. Investment adviser - duties - unlawful activities. (1) An investment adviser, a broker-dealer, or a financial institution acting in an advisory capacity for a local government investment pool trust fund which contracts with the board of trustees of such trust fund shall be held to the standard of conduct set forth in section 24-75-705 with respect to those functions over which such investment adviser, broker-dealer, or financial institution has substantial discretion.
(2) It is unlawful for any investment adviser to a local government
investment pool trust fund or any investment adviser representative of such investment adviser to:
(a) Act as a member of the board of trustees or custodian of that trust fund;
or
(b) Maintain the primary records of the trust fund anywhere but within this
state; except that, the securities commissioner may, by rule or order, and subject to such terms and conditions as prescribed therein, permit the maintenance of such records in another state if the securities commissioner finds that maintenance of such records in this state is not necessary in the public interest and for the protection of participating local governments.
(3) It is unlawful for any broker-dealer or financial institution acting in an
advisory capacity to a local government investment pool trust fund or any person employed by or directly associated with a broker-dealer or financial institution acting in an advisory capacity to such a trust fund to:
(a) Act as a member of the board of trustees of that trust fund; or
(b) Maintain the primary records of the trust fund anywhere but within this
state; except that, the securities commissioner may, by rule or order, and subject to such terms and conditions as prescribed therein, permit the maintenance of such records in another state if the securities commissioner finds that maintenance of such records in this state is not necessary in the public interest and for the protection of participating local governments.
Source: L. 93: Entire part R&RE, p. 324, � 1, effective July 1.
C.R.S. § 24-80-1401
24-80-1401. Colorado veterans' monument preservation trust fund - preservation trust committee - park name change. (1) There is hereby created in the state treasury the Colorado veterans' monument preservation trust fund, referred to in this section as the trust fund, the principal of which shall consist of funds made available from private donations received by the department of personnel and any funds appropriated thereto by the general assembly. All moneys deposited in the trust fund and all interest earned in the trust fund shall remain in the trust for the purposes as set forth in this part 14, and no portion thereof shall be expended or appropriated for any other purpose.
(2) There is hereby created a preservation trust committee for the purpose of
overseeing and making allocations out of the trust fund. The preservation trust committee shall be comprised of four members. One member shall be a representative or designee of the Colorado board of veterans affairs, created in section 28-5-702, one member shall be a member or designee of the state capitol building advisory committee, created in section 24-82-108, one member shall be a veteran appointed jointly by the speaker of the house of representatives and the president of the senate, and one member shall be a representative of the department of personnel that oversees real estate services, who shall be an ex officio nonvoting member.
(3) (a) The initial term for the member representing the Colorado board of
veterans affairs and for the member representing the state capitol building advisory committee shall be three years. Thereafter, those members' terms shall be two-year terms. Except as provided in paragraph (b) of this subsection (3), the member appointed by the speaker of the house of representatives and the president of the senate shall serve a two-year term. Any vacancy on the committee shall be filled in the same manner provided for original appointments for the remainder of an unexpired term.
(b) The term of the member appointed by the speaker of the house of
representatives and the president of the senate and who is serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the speaker and the president shall jointly appoint or reappoint one member in the same manner as provided in paragraph (a) of this subsection (3). Thereafter, the term of the member appointed or reappointed by the speaker and the president shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after such convening date. Members appointed or reappointed by the speaker and the president shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed.
(4) The preservation trust committee shall have discretion in determining the
amount of funds to allocate from the trust fund to meet the purposes of this part 14; except that only the interest derived from the principal in the trust fund may be expended by the preservation trust committee. All gifts, grants, and donations received by the department of personnel pursuant to subsection (5) of this section shall be credited to the trust fund and retained as principal in the trust fund. All interest earned on the investment of money in the fund shall be continuously appropriated to the department of personnel for allocation to the preservation trust committee. The preservation trust committee shall determine annually how much of the interest generated from the principal in the trust fund will be spent and shall determine and approve what types of maintenance and repair work will be performed for the purposes of maintaining, enhancing, and repairing the Colorado veterans' monument and any fallen heroes memorials in Lincoln veterans' memorial park in Denver, Colorado, and for maintaining Lincoln veterans' memorial park. The principal of the trust fund and any unappropriated interest earned on the principal of the trust fund at the close of any fiscal year shall remain in the trust fund and shall not be transferred to or revert to the general fund.
(5) The department of personnel is authorized to receive gifts, grants, and
donations from private or public sources for the trust fund. Such gifts, grants, and donations, together with any other money appropriated or transferred by the general assembly, shall be transmitted to the state treasurer who shall credit the same to the trust fund. Money in the trust fund shall be used for maintaining and enhancing the Colorado veterans' monument and Lincoln veterans' memorial park, but shall not be used to supplant existing appropriations for maintenance of the monument or Lincoln veterans' memorial park. For purposes of section 20 of article X of the state constitution, any donations received for the trust fund shall not be included in state fiscal year spending.
(6) On and after May 31, 2021, the parks previously known as Lincoln park
and Liberty park, bounded by Lincoln on the east, Broadway on the west, Fourteenth avenue on the south, and Colfax avenue on the north, shall be collectively known as Lincoln veterans' memorial park.
Source: L. 2000: Entire part added, p. 786, � 1, effective May 23. L. 2002: (2)
amended, p. 359, � 17, effective July 1. L. 2007: (3) amended, p. 186, � 21, effective March 22; (4) amended, p. 1318, � 2, effective September 1. L. 2018: (2) amended, (HB 18-1375), ch. 274, p. 1713, � 57, effective May 29. L. 2021: (4) and (5) amended and (6) added, (HB 21-1257), ch. 294, p. 1755, � 1, effective June 23.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (2), see section 1 of chapter 121, Session Laws of Colorado 2002.
C.R.S. § 24-82-101
24-82-101. Control of legislative space in the capitol, the legislative services building, and the state office building at 1525 Sherman street - responsibility of department of personnel for supervision of maintenance in capitol buildings group - exception - capitol complex master plan. (1) In accordance with the provisions of section 2-2-321 concerning space for the legislative department, subject to appropriations made by the general assembly and subject to the provisions of section 24-82-108, concerning preservation of the state capitol building, the legislative department, acting through the executive committee of the legislative council:
(a) Shall have control of legislative spaces in the capitol; the legislative
services building; the state office building at 1525 Sherman street, subject to the provisions of subsection (4)(b) of this section; the capitol building annex at 1375 Sherman street, subject to the provisions of subsection (4)(a) of this section; and the grounds adjacent to the capitol within the area bounded on the north by east Colfax avenue, on the west by Lincoln street, on the south by Fourteenth avenue, and on the east by Grant street, as shown on the official maps of the city and county of Denver, the state-owned grounds adjacent to the legislative services building at Fourteenth avenue and Sherman street, and the tunnels connecting the subbasements of the capitol, the legislative services building, and the state office building at 1525 Sherman street, together with all furniture, fixtures, furnishings, and equipment and all exhibits placed in and about said buildings; and
(b) Shall be responsible for the supervision of the provision of maintenance
for legislative spaces in the capitol, the legislative services building, the state office building at 1525 Sherman street subject to the provisions of subsection (4)(b) of this section, the capitol building annex at 1375 Sherman street subject to the provisions of subsection (4)(a) of this section, and the grounds and tunnels specified in subsection (1)(a) of this section if the executive committee of the legislative council adopts a resolution assuming such responsibility. The executive committee shall deliver a copy of any resolution it adopts pursuant to this subsection (1)(b) to the executive director of the department of personnel.
(2) Except as otherwise provided in section 2-2-321, C.R.S., the department
of personnel shall have control of executive space in the capitol and the grounds and any other property the state may acquire adjacent to the capitol other than the grounds and tunnels specified in paragraph (a) of subsection (1) of this section, together with all furniture, fixtures, furnishings, and equipment and all exhibits placed in and about such space or property, subject to appropriations made by the general assembly and subject to the provisions of section 24-82-108, concerning preservation of the state capitol building. Except as otherwise provided in paragraph (b) of subsection (1) of this section, the department of personnel shall be responsible for the supervision of the provision of maintenance for the state capitol buildings group, including assignment of all executive space owned and rented in the capitol buildings group, subject to appropriations made by the general assembly and subject to the provisions of section 2-2-321, C.R.S., concerning space for the legislative department, and subject to the provisions of section 24-82-108, concerning preservation of the state capitol building.
(3) (a) The department of personnel shall enter into competitive negotiations
for the acquisition of professional services, as specified in part 14 of article 30 of this title, to develop a master plan for the capitol complex.
(b) The master plan is subject to final approval from the office of state
planning and budgeting and the capital development committee. The master plan must be completed no later than December 1, 2014, and shall:
(I) Determine space utilization needs for state agencies located in and near
the capitol complex;
(II) Prioritize the location of various state agencies based on their service
functions;
(III) Consider the symbolic importance of certain capitol complex buildings
and grounds;
(IV) Identify opportunities for co-locating state agencies;
(V) Identify the most appropriate use of state-owned and leased space for
state agencies;
(VI) Identify opportunities for energy cost savings and improved
sustainability within state-owned facilities;
(VII) Assess and improve security for state-owned facilities, especially for
those state agencies performing sensitive government functions;
(VIII) Establish guidelines regarding the appropriate use and maintenance of
grounds within the capitol complex;
(IX) Assess existing parking capacity and identify the current and future
need for capitol complex tenants, including the location of parking facilities;
(X) Establish guidelines for future development within the capitol complex,
including a multi-year plan for:
(A) New and renovated capital construction projects;
(B) Controlled maintenance projects; and
(C) Real estate acquisition or disposition transactions as applicable;
(XI) Review the pedestrian circulation around the capitol complex;
(XII) Suggest financing options for future improvements and development;
(XIII) Make recommendations on buying, selling, constructing, financing, or
leasing properties in the capitol complex based on factors such as land use and centralization versus decentralization of state functions; and
(XIV) Address any other issues that the office of the state architect deems
important in relation to the goals of the master plan.
(c) Notwithstanding any law to the contrary, all real estate-related capital
requests by executive branch departments or the legislative branch for the capitol complex shall be evaluated by the office of the state architect, the office of state planning and budgeting, and the capital development committee against the capitol complex master plan developed pursuant to paragraph (a) of this subsection (3).
(d) The capitol complex master plan shall be kept and maintained by the
office of the state architect.
(e) (I) The capitol complex master plan may be modified by the office of the
state architect on an as-needed basis, subject to approval by the office of state planning and budgeting and the capital development committee.
(II) At a minimum, an updated capitol complex master plan must be
completed by the office of the state architect every ten years. Prior to completion of the updated master plan, the office of the state architect shall seek approval from the office of state planning and budgeting and the capital development committee of all amendments to the master plan.
(f) For purposes of this subsection (3), the capitol complex includes the
following buildings, facilities, and surface parking lots:
(I) 1570 Grant street, Denver;
(II) 1575 Sherman street, Denver;
(III) 1525 Sherman street, Denver, and the surface parking lots located west
and north of the building;
(IV) 201 East Colfax avenue, Denver, and the surface parking lot located
north of the building;
(V) The state capitol building and grounds, 200 East Colfax avenue, Denver;
(VI) 200 East 14th avenue, Denver;
(VII) 1375 Sherman street, Denver;
(VIII) 1341 Sherman street, Denver;
(IX) 1313 Sherman street, Denver, and the surface parking lot located north
of the building;
(X) 1350 Lincoln street, Denver;
(XI) 251 East 12th avenue, Denver;
(XII) 690 Kipling street, Lakewood;
(XIII) 700 Kipling street, Lakewood;
(XIV) Executive residence, 400 East 8th avenue, Denver;
(XV) 1881 Pierce street, Denver;
(XVI) North campus buildings (north, east, and west), 1001 East 62nd avenue,
Denver; and
(XVII) Any other buildings, facilities, and surface parking lots belonging to
the capitol complex acquired after May 28, 2013.
(4) (a) The executive committee of the legislative council, the director of the
division of capital assets in the department of personnel or the director's designee, the secretary of the senate or the secretary's designee, the chief clerk of the house of representatives or the chief clerk's designee, the director of the office of legislative legal services or the director's designee, the director of research of the legislative council or the director's designee, and the state auditor or the auditor's designee shall, after consultation and discussion, determine which areas in the capitol building annex at 1375 Sherman street are legislative space. The parties shall, subject to the approval of the executive committee of the legislative council and the governor, determine the legislative space in the capitol building annex at 1375 Sherman prior to the start of the first regular session of the seventy-fifth general assembly. The general assembly may enact legislation during the first regular session of the seventy-fifth general assembly to codify which areas in the capitol building annex are designated as legislative space.
(b) Within one year after the date that the division of capitol assets in the
department of personnel determines, with the agreement of the executive committee of the legislative council, that the work to convert the space, as determined pursuant to subsection (4)(a) of this section, in the capitol building annex at 1375 Sherman street to legislative space is complete, the legislative space at the state office building at 1525 Sherman street shall cease to be legislative space and shall become executive space.
Source: L. 17: p. 115, � 2. C.L. � 391. CSA: C. 158, � 3. CRS 53: � 130-8-1. C.R.S.
1963: � 134-1-1. L. 75: Entire section amended, p. 819, � 10, effective July 18. L. 79: Entire section amended, p. 887, � 8, effective July 1. L. 91: Entire section amended, p. 861, � 3, effective May 16. L. 95: Entire section amended, p. 656, � 78, effective July 1. L. 2012: Entire section amended, (HB 12-1348), ch. 163, p. 572, � 2, effective August 8. L. 2013: (3) added, (SB 13-263), ch. 344, p. 2002, � 1, effective May 28. L. 2014: (3)(f)(XVII) amended, (HB 14-1387), ch. 378, p. 1850, � 55, effective June 6. L. 2015: (3)(c) and (3)(e) amended, (SB 15-270), ch. 296, p. 1220, � 20, effective June 5. L. 2022: (1) amended, (SB 22-239), ch. 411, p. 2909, � 5, effective August 10. L. 2023: (1) amended and (4) added, (SB 23-306), ch. 412, p. 2446, � 6, effective June 6.
Cross references: (1) For the legislative declaration contained in the 1995
act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.
(2) For the legislative declaration in HB 14-1387, see section 1 of chapter
378, Session Laws of Colorado 2014.
C.R.S. § 24-82-102.5
24-82-102.5. Unused state-owned real property - cash fund - legislative declaration - definitions. (1) (a) The general assembly hereby finds and declares that:
(I) The state owns a surplus of real property that is not needed for state use
that could provide benefits to Colorado, including for affordable housing, child care, public schools, residential mental and behavioral health care, and renewable energy;
(II) The department of personnel is already authorized in section 24-82-102
(2)(a) to rent or lease real property not presently needed for state use;
(III) The state has set ambitious goals to increase renewable energy
production across Colorado;
(IV) Families throughout Colorado continue to experience a shortage of
quality and affordable child care options;
(V) There is a continued need in Colorado for quality public school facilities;
(VI) There is a continued need in Colorado for quality residential mental and
behavioral health-care facilities;
(VII) Many senior citizens, veterans, and other hard-working Coloradans are
unable to afford to live in or near the communities in which they work and far too many Coloradans pay in excess of half their monthly income on their basic needs;
(VIII) As the availability of finding land suitable for the development of
affordable housing that can be obtained on an economic basis is often a significant barrier to the development of such housing, the identification of unused state-owned real property, with the ultimate objective of assessing such property for its sustainability and potential use for affordable housing, promises to be a critical tool available to the state and even local governments in meeting the state's housing needs for these segments of the population; and
(IX) Since real property owned by the state ultimately belongs to the people
of Colorado, the state should maximize the use and value of its resources, including unused real property, to address the needs of the state's population.
(b) By enacting this section, the general assembly intends for the
department to conduct a review of state-owned real property that is not presently used for state purposes and to transparently enter into agreements to construct affordable housing, child care facilities, public school facilities, residential mental and behavioral health-care facilities, or renewable energy production facilities on suitable unused state-owned real property and to determine other beneficial uses of any such unused state-owned real property.
(2) As used in this section, unless the context otherwise requires:
(a) Department means the department of personnel.
(b) Fund means the unused state-owned real property fund created in
subsection (5) of this section.
(b.5) Unit means the public-private collaboration unit created in section
24-94-103 (2) within the department.
(c) Unused state-owned real property means state-owned real property
identified in the inventory list maintained on the department's website pursuant to subsection (3) of this section, that is not being used at its optimal or best use, that is owned by or under the control of a state agency, not including the division of parks and wildlife in the department of natural resources and not including the state board of land commissioners or any state institution of higher education as defined in section 24-30-1301 (18), and that is not otherwise protected for or dedicated to another use such as an access or a conservation easement.
(3) (a) The department shall maintain an inventory of unused state-owned
real property and shall post a list of the inventory on its website. The inventory must be updated annually.
(b) Repealed.
(4) (a) The department shall determine whether the unused state-owned real
property identified by the department under subsection (3) of this section is suitable for construction of affordable housing, child care facilities, public school facilities, residential mental and behavioral health-care facilities, or placement of renewable energy facilities, or may recommend that such property should be sold or is suitable for other purposes.
(b) In determining the suitability of property under subsection (4)(a) of this
section, the department may consult with and seek input from:
(I) The state architect, or their designee;
(II) The executive director of the department of local affairs, or their
designee;
(III) The Colorado housing and finance authority created in section 29-4-704
(1);
(IV) Any relevant political subdivisions of the state;
(V) Any additional renewable energy facility experts;
(VI) Any additional child care, public school, and mental and behavioral
health-care experts; and
(VII) Any additional affordable housing experts.
(c) Notwithstanding any section to the contrary, the department may seek
proposals from qualified developers to construct affordable housing, child care facilities, public school facilities, or residential mental and behavioral health-care facilities, or to place renewable energy facilities on unused state-owned real property that the department has deemed suitable under subsection (4)(a) of this section. Proposals must be sought in accordance with the Procurement Code, articles 101 to 112 of this title 24.
(d) The department may enter into contracts with qualified developers for
proposals to construct affordable housing, child care facilities, public school facilities, or residential mental and behavioral health-care facilities, or to place renewable energy facilities on unused state-owned real property that the department has deemed suitable under subsection (4)(a) of this section, subject to available appropriations. Notwithstanding section 24-82-102 (2)(a), contracts between the state and qualified developers may not require improvements constructed on state property for the purposes of this section to become the property of the state upon termination of a lease for such property.
(e) In the event the department plans to enter into a contract regarding any
unused state-owned real property as authorized by this section, or in the event the department enters into a lease of unused state-owned real property as allowed under section 24-82-102 (2)(a), the department shall first submit a report to the capital development committee that outlines the anticipated use of the property. The capital development committee shall review the reports submitted by the department, make recommendations to the department concerning the anticipated use of the unused state-owned real property, and approve or disapprove the anticipated use of the unused state-owned real property. The department shall not enter into a contract regarding unused state-owned real property or lease unused state-owned real property without the approval of the capital development committee.
(5) (a) The unused state-owned real property fund is hereby created in the
state treasury. Unless otherwise directed, the state treasurer shall credit all proceeds from the sale, rent, or lease, including any leases entered into under section 24-82-102 (2)(a), of unused state-owned real property, any money transferred or credited pursuant to subsection (5)(b) of this section, and any revenue generated from public-private agreements pursuant to section 24-94-103 to the fund. The fund also consists of any other money that the general assembly may appropriate or transfer to the fund.
(b) (I) The state treasurer shall credit all interest and income derived from
the deposit and investment of money in the unused state-owned real property fund to the fund. Any unexpended and unencumbered money in the fund at the end of a fiscal year remains in the fund.
(II) The unit may seek and accept gifts, grants, or donations from private or
public sources, and the department or the unit may expend the gifts, grants, or donations for the purposes set forth in subsection (5)(c) of this section. The unit shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(III) Any proceeds from real estate transactions that the unit is authorized to
facilitate pursuant to section 24-94-103 (2.2)(a) shall be transmitted by the unit or by the department to the state treasurer, who shall credit the money to the fund.
(c) (I) The money in the unused state-owned real property fund is
continuously appropriated to the department for:
(A) The purposes set forth in this section, including for appraisals, surveys,
and property improvement, and for any costs to administer this section;
(B) Public-private agreements, as defined in section 24-94-102 (7), and any
associated costs;
(C) Use by the unit to carry out the functions of the unit pursuant to section
24-94-103 (2.2) for public projects that provide affordable housing; and
(D) The standard operating expenses of the unit, including personal services
and related costs.
(II) Repealed.
(d) Repealed.
Source: L. 2021: Entire section added, (HB 21-1274), ch. 263, p. 1532, � 1,
effective September 7. L. 2022: (2)(c), (4)(d), and (5) amended, (SB 22-130), ch. 232, p. 1716, � 5, effective May 26. L. 2023: (2)(b.5) added and (5) amended, (SB 23-001), ch. 234, p. 1227, � 1, effective May 20. L. 2024: (3)(b) repealed, (SB 24-178), ch. 108, p. 337, � 3, effective August 7; (5)(b)(III) amended, (HB 24-1450), ch. 490, p. 3418, � 53, effective August 7.
Editor's note: (1) Subsections (5)(c)(II)(B) and (5)(d)(I) provided for the repeal
of subsections (5)(c) and (5)(d)(I) respectively, effective July 1, 2023. (See L. 2023, p. 1227.)
(2) Subsection (5)(d)(II) provided for the repeal of subsection (5)(d)(II),
effective July 1, 2024. (See L. 2023, p. 1227.)
C.R.S. § 24-94-103
24-94-103. Public-private partnerships - oversight of state public entities in the executive branch of state government - definition - repeal. (1) Within one year of May 26, 2022, the executive director shall:
(a) Create requirements regarding the authority for state public entities to
initiate requests for proposals or bids or to review any private partner-initiated proposals for public projects to be completed through public-private partnerships subject to the executive director's approval pursuant to section 24-94-104(1). The processes may include, but need not be limited to:
(I) Completion of analyses regarding perceived advantages, disadvantages,
risks, benefits, costs, and value-for-money of a proposed public-private partnership;
(II) Documented considerations of potential funding alternatives, impacts on
affected communities, and the suitability and scope of a proposed public-private partnership;
(III) Documented considerations of the entire life cycle of a proposed public-private partnership, including planning, design, engineering, construction, repair,
maintenance, operations, financing, and handover;
(IV) Due diligence requirements; and
(V) Development of any other materials, analyses, considerations,
requirements, or reports necessary for the executive director to make a determination that the proposal for a public-private partnership serves an important social or economic value, including but not limited to increased behavioral health capacity, broadband deployment, affordable housing development, child care services, or any other public benefit.
(b) Create requirements regarding the authority for state public entities to
execute public-private partnership agreements for public projects subject to the executive director's approval pursuant to section 24-94-104 (1). The processes may include, but need not be limited to:
(I) Acceptable project delivery methods, including alternative delivery
methods, for an approved public-private partnership proposal;
(II) Acceptable financing methods for an approved public-private
partnership, including but not limited to a pledge of, security of, interest in, or lien on property or interest in property, and any amounts, terms, and conditions to be included in public-private agreements;
(III) Reporting requirements for state public entities and private partners
throughout the life cycle of an executive director-approved public-private partnership;
(IV) Policies concerning transparency and timely reporting; and
(V) Developing a fair, unbiased method of choosing proposals based on the
best interests of the state and considering financial costs and benefits to the state and public project users.
(c) Further define any relevant terms in this article 94, including but not
limited to public-private partnership and public-private agreement; and
(d) Develop cost thresholds for public projects that qualify as a public-private partnership or public-private agreement, which may depend on the type of
project and the responsible state public entity.
(2) There is hereby established the public-private collaboration unit in the
department. The unit shall:
(a) In coordination with relevant state public entities, identify, prioritize, and
advance potential public projects that may be best delivered through a public-private partnership;
(b) Facilitate collaboration between state public entities and private partners
in connection with public projects;
(c) Provide technical assistance and expertise to state public entities in
connection with any aspect of proposed or approved public-private partnerships, which may include assistance with:
(I) Satisfying the requirements established by the executive director in
subsections (1)(a) and (1)(b) of this section;
(II) Project screening, planning, development, procurement, operations, and
management; and
(III) Serving as a liaison with federal and local government officials;
(d) Create best practices that incorporate lessons learned from other public-private partnerships for every stage of the life cycle of a public-private partnership,
which may include:
(I) Standardizing methodologies and processes;
(II) Creating templates for interagency agreements that identify project
resources and responsibilities; and
(III) Creating templates for partnership agreements that address risk
allocations, key terms, and conditions;
(e) Conduct public and stakeholder engagement to encourage transparency,
accountability, and information sharing regarding public-private partnerships;
(f) Track proposed, ongoing, and completed public-private partnerships;
(g) Attract private investments for public projects;
(h) In coordination with the department of early childhood, created in section
24-1-120.5 (1), distribute funding to help increase the supply of child care facilities using public buildings or other appropriate public assets; and
(i) Give preference to proposed or executed public-private partnership
agreements that will use state-owned real property for the purposes of mixed-income development and affordable housing that is proportional to the community's demonstrated affordable housing needs.
(2.2) (a) The unit may:
(I) Accept monetary and nonmonetary gifts, grants, and donations. Monetary
gifts, grants, and donations shall be transferred by the unit to the state treasurer and credited by the state treasurer to the unused state-owned real property fund created in section 24-82-102.5 (5).
(II) Accept, appropriate, hold in trust, and leverage, on behalf of private
partners, proceeds from real estate transactions conducted in accordance with this section and other applicable state law, as well as revenues from public-private partnership agreements for public projects that provide affordable housing;
(III) Use real property that, upon approval by the governor, has been deeded
to the department by a state public entity for the purpose of carrying out the provisions of an executed or proposed public-private agreement or real estate state contract for a public project that provides affordable housing. In furtherance of this subsection (2.2)(a)(III), the unit may act as the department's agent in real estate transactions to:
(A) Purchase state-owned real property;
(B) Transfer state-owned real property;
(C) Exchange state-owned real property;
(D) Sell or otherwise dispose of state-owned real property subject to any
procedures and limitations applicable to the state public entity to sell or otherwise dispose of property;
(E) Enter into an agreement for easements or deed restrictions concerning
state-owned real property; and
(F) Enter into a lease agreement concerning state-owned real property.
(IV) Use requests for information to solicit public projects that provide
affordable housing and establish policies concerning a request for information process.
(b) As used in this subsection (2.2), unless the context otherwise requires:
(I) Public project that provides affordable housing means a public project
that includes housing proportional to a community's demonstrated affordable housing needs and may include mixed-use development. The percentage of income-restricted units and affordability levels in such a public project must comply with any local laws promoting the development of new affordable housing units pursuant to section 29-20-104 (1)(e.5).
(II) State-owned real property has the same meaning as real property as
set forth in section 24-30-1301 (15).
(3) Repealed.
(4) Any issuance or incurrence of financial obligations under this article 94
must comply with section 24-36-121.
Source: L. 2022: Entire article added, (SB 22-130), ch. 232, p. 1712, � 2,
effective May 26. L. 2023: (2)(g) and (2)(h) amended, (2)(i) and (2.2) added, and (3) repealed, (SB 23-001), ch. 234, p. 1228, � 2, effective May 20.
C.R.S. § 25-16-303
25-16-303. Voluntary clean-up and redevelopment program - general provisions - fees - access to property during reviews. (1) The program established in this part 3 shall be voluntary and may be initiated by:
(a) The submission to the department of an application for approval of a
voluntary clean-up plan pursuant to section 25-16-304 for properties where remediation may be necessary to protect human health and the environment in light of the current or proposed use of the property; or
(b) The submission to the department of a no action petition pursuant to
section 25-16-307 for properties where remediation is complete or not necessary to protect human health and the environment in light of the current or proposed use of the property.
(2) No person, financial institution, or other entity financing a commercial
real estate transaction shall require a purchaser to participate in the voluntary program contained in this part 3, and no entity of Colorado state government regulating any person, financial institution, or other entity financing a commercial real estate transaction shall require evidence of participation in this program to be a component of standard real estate loan documentation.
(3) (a) The program contained in this part 3 is voluntary and may only be
initiated by the owner of the subject real property.
(b) The provisions of this part 3 shall not apply to the following:
(I) Property that is listed or proposed for listing on the national priorities list
of superfund sites established under the federal act;
(II) Property that is the subject of corrective action under orders or
agreements issued pursuant to the provisions of part 3 of article 15 of this title or the federal Resource Conservation and Recovery Act of 1976, as amended;
(III) Property that is subject to an order issued by or an agreement with the
water quality control division pursuant to part 6 of article 8 of this title;
(IV) A facility which has or should have a permit or interim status pursuant to
part 3 of article 15 of this title for the treatment, storage, or disposal of hazardous waste; or
(V) Property that is subject to the provisions of part 2 of article 20.5 of title
8, C.R.S.
(4) (a) Each application for approval of a voluntary clean-up plan and each
petition for a no action determination shall be accompanied by a filing fee determined by the department at a level sufficient to cover the direct and indirect costs of the department in processing applications for approval of voluntary clean-up plans and petitions for no action under this part 3, but such filing fee shall not exceed two thousand dollars.
(b) (I) The department shall establish and publish hourly rates for review
charges performed by the department in connection with applications for approval of voluntary clean-up plans and petitions for no action under this part 3. Within thirty days after the department's approval or denial of a voluntary clean-up plan or no action petition, the department shall bill an applicant or petitioner for all direct and indirect charges of review of applications and petitions under this part 3 in accordance with the hourly rate structure established pursuant to this subparagraph (I). The department's charges shall be billed against the application fee paid pursuant to this subsection (4) in accordance with subparagraph (II) of this paragraph (b).
(II) (A) If the department bills charges in an amount less than the application
fee, the department shall return any unused balance to the applicant or petitioner after the department's final determination in the matter has been made.
(B) If the department bills charges that exceed the application fee, the
department may bill the applicant or petitioner for direct and indirect charges that the department incurs in excess of the application fee up to a maximum of an additional one thousand dollars.
(C) If the department determines that review of the application cannot be
completed for three thousand dollars or less due to the size or complexity of the site, the department shall contact the applicant or petitioner prior to incurring additional charges. The applicant or petitioner shall then be given the opportunity to either negotiate an agreement containing an upper limit on the department's charges and complete the review, or withdraw the application and receive a refund of the unbilled balance of fees already paid to the department. Agreements negotiated pursuant to this sub-subparagraph (C) shall be in writing and shall be signed by authorized representatives of the parties.
(D) The department shall make its best efforts to determine whether the
application review will exceed three thousand dollars within the first ten hours of review or, if the applicant or petitioner requests a pre-application conference, within ten business days after such conference.
(c) All moneys collected pursuant to this subsection (4) shall be transmitted
to the state treasurer, who shall credit the same to the hazardous substance response fund, created in section 25-16-104.6 (1). Moneys collected pursuant to this subsection (4) shall be subject to annual appropriation by the general assembly only to defray the direct and indirect costs of the department in processing voluntary clean-up plans and petitions for no action determination as specified in this part 3.
(5) During the time allocated for review of applications for voluntary clean-up plans and petitions for no action determination under this part 3, the department
shall, upon reasonable notice to the property owner, have access at all reasonable times to the subject real property.
Source: L. 94: Entire part added, p. 1949, � 1, effective July 1. L. 95: (3)(b)(V)
amended, p. 420, � 9, effective July 1. L. 2003: (4)(b) amended, p. 823, � 1, effective August 6.
Cross references: For the Resource Conservation and Recovery Act of
1976, see Pub.L. 94-580, codified at 42 U.S.C. � 6901 et seq.
C.R.S. § 25-2-110
25-2-110. Certificates of death - electronic death registration system - amended certificate of death following a change in gender - rules - definitions. (1) (a) A certificate of death for each death, including a stillborn death, that occurs in Colorado must be filed with the state registrar, or as otherwise directed by the state registrar, within seventy-two hours of assuming custody of a dead body, stillborn fetus, or dead fetus and prior to final disposition, except when inquiry is required by subsection (5.5) of this section or any provision of section 30-10-606 other than section 30-10-606 (1)(b) or when a coroner, a medical examiner, a forensic pathologist, or other qualified individual determines that additional time is necessary to make a proper inquiry to determine the cause and manner of death. In such a situation, the coroner, medical examiner, forensic pathologist, or other qualified individual shall complete and sign the certificate of death as soon as practicable. The state registrar shall register the certificate if it has been completed in accordance with this section. Every certificate of death must identify the decedent's social security number, if available. If the place of death is unknown but the dead body is found in Colorado, the certificate of death must be completed and filed in accordance with this section. The place where the body is found must be shown as the place of death. If the date of death is unknown, the date must be determined by approximation.
(b) (I) The department of public health and environment shall create and the
state registrar shall use an electronic death registration system for the purpose of collecting death information from funeral directors, coroners, physicians, physician assistants, advanced practice registered nurses, local registrars, health facilities, and other authorized individuals, as determined by the department. Death information submitted electronically by a funeral director, coroner, physician, physician assistant, advanced practice registered nurse, local registrar, health facility, or authorized individual, as determined by the department, to the electronic death registration system for purposes of fulfilling the requirements of this section satisfies the signature and filing requirements of this section and section 30-10-606.
(II) Repealed.
(III) Except as otherwise provided in subsection (4.5) of this section, any
individual, other than a family member of the decedent or other individual assisting in a nonprofessional capacity for the decedent, who is required to initiate, complete, respond to, or file a certificate of death pursuant to this section must use the electronic death registration system used by the state registrar.
(IV) The state registrar shall provide a report to the department of regulatory
agencies on a monthly basis that identifies any certificates of death for which a medical certification was not completed in a timely manner using the electronic death registration system or, before March 1, 2024, only, completed as otherwise allowed by this section, and the department shall promptly provide the report to the Colorado medical board created in section 12-240-105 (1)(a). Beginning in 2025, the department of regulatory agencies shall prepare a report to the joint committee of reference during its annual hearing held pursuant to section 2-7-203 of the SMART Act, part 2 of article 7 of title 2. The report must include the number of complaints that the department of regulatory agencies received and the number of disciplinary actions taken against a licensee in each calendar year.
(c) Once a certificate of death has been filed pursuant to subsection (1)(a) of
this section, a verification of death document may be used by local offices of vital statistics and the state registrar when verifying a vital event to a person that has requested a verification of fact-of-death. A verification of death document must include the name and address of the decedent, the date of death, the place of death, the gender of the decedent, the date the document is filed, the state file number, and the name of any spouse of the decedent. A verification of death document is not required to contain a social security number of the deceased as is otherwise required of a certificate of death under subsection (1)(a) of this section.
(d) If a certificate of death, copy of certificate of death, certified copy of a
certificate of death, or verification of death is recorded into the real estate records of a county clerk and recorder, the document is a public record.
(e) (I) In documentation of the decedent's gender on the certificate of death,
the individual completing the certificate of death shall record the decedent's gender to reflect the decedent's gender identity. If the document memorializing the decedent's gender is not provided to the individual completing the certificate of death, the decedent's next of kin or the best qualified individual or source available to provide the decedent's gender may provide that information.
(II) (A) If the individual completing the certificate of death is presented with a
document memorializing the decedent's gender identity, the individual completing the death certificate shall record the decedent's gender to reflect the gender identity indicated in the document.
(B) If more than one document is presented to the individual completing the
certificate of death pursuant to subsection (1)(e)(II)(A) of this section or to the state registrar pursuant to subsection (1)(f)(I) of this section and the documents conflict regarding the decedent's gender identity, the most recent document memorializing the decedent's gender identity, regardless of expiration date, if any, prevails.
(III) Notwithstanding subsection (1)(e)(I) of this section, if a document
memorializing the decedent's gender identity is not presented pursuant to subsection (1)(e)(II)(A) of this section and the individual with the right, or a majority of individuals with the right, to control the disposition of the decedent's remains pursuant to section 15-19-106 objects to the gender recorded by the individual completing the certificate of death pursuant to subsection (1)(e)(I) of this section, the individual or majority of individuals described in this subsection (1)(e)(III) may state their objection to the individual completing the certificate of death before the certificate of death is filed with the state registrar, and the individual completing the certificate of death shall record the decedent's gender as the gender identity reported by the individual or majority of individuals described in this subsection (1)(e)(III).
(f) (I) If a decedent died in the state and the state registrar is presented with
a document memorializing the decedent's gender identity that reflects a gender that is not consistent with the gender recorded on the certificate of death filed with the state registrar pursuant to subsection (1)(a) of this section, the state registrar shall issue an amended certificate of death to change the decedent's gender designation to reflect the gender identity indicated in the document.
(II) If the state registrar issues an amended certificate of death and the
appropriate legal name change documentation is submitted to the state registrar, the state registrar shall amend the certificate of death to reflect a legal name change made before, or simultaneous to, the decedent's change in gender identity.
(III) In issuing an amended certificate of death, the state registrar shall not:
(A) Request additional information or records other than a document
memorializing the decedent's gender identity; or
(B) Disclose information relating to a gender correction, including to other
government employees, unless the disclosure is legally required to conduct official business.
(IV) Notwithstanding section 25-2-115, the amended certificate of death
issued pursuant to subsection (1)(f)(I) of this section supersedes the original certificate of death as the official public record and must not be marked as amended or indicate in any other manner that the gender or legal name on the certificate of death has been changed.
(V) (A) An individual described in subsection (1)(e)(III) of this section may file
a claim in the court of the county where a decedent resided at the time of the decedent's death or where the decedent's remains are located, which claim names as a party the individual or individuals described in subsection (1)(e)(III) of this section and seeks an order of the court amending the gender recorded on the decedent's certificate of death.
(B) An individual completing the certificate of death is not liable for damages
or costs resulting from claims related to the information of the decedent as recorded on the certificate of death unless the individual knowingly and willfully recorded the incorrect information on the certificate of death.
(g) A physician assistant or advanced practice registered nurse shall review
the training materials regarding signing a death certificate provided by the department of public health and environment before the first time they sign a death certificate.
(2) When a death occurs in a moving conveyance in the United States and the
body is first removed from the conveyance in Colorado, the death shall be registered in Colorado, and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international air space or in a foreign country or its air space and the body is first removed from the conveyance in Colorado, the death shall be registered in Colorado, but the certificate shall show the actual place of death insofar as can be determined.
(3) (a) The funeral director or individual assisting in a nonprofessional
capacity who first assumes custody of a dead body, stillborn fetus, or dead fetus is responsible for the filing of the certificate of death required by subsection (1) of this section within seventy-two hours after receipt of the electronic death registration request unless the physician, their associate physician, the physician assistant, the advanced practice registered nurse, the chief medical officer of the institution in which the death occurred, or the physician who performs an autopsy upon the decedent is unable to complete the medical certification for the certificate of death within the required time frame. The funeral director shall obtain the personal data required by the certificate from the next of kin or the best qualified person or source available. The funeral director shall obtain the medical certification necessary to complete the portion of the certificate pertaining to the cause of death from the best qualified person or source available, pursuant to subsection (4) of this section.
(a.5) (I) Except as otherwise provided in subsection (3)(a.5)(II) of this section,
if a decedent had an established primary care physician, physician assistant, or advanced practice registered nurse, the primary care physician, physician assistant, or advanced practice registered nurse is responsible for completing the medical certification for the certificate of death in accordance with subsections (1)(a) and (4) of this section if:
(A) The death appears to be due to natural causes and is determined as such
with a reasonable degree of medical certainty;
(B) The decedent received medical care from the primary care physician,
physician assistant, or advanced practice registered nurse within a year of the death;
(C) The death occurred when the decedent was not under the direct care of
another physician, physician assistant, or advanced practice registered nurse charged with the patient's care during the illness or condition that resulted in death; and
(D) An inquiry is not required by section 30-10-606.
(II) If, within a year of the death, the decedent had been treated by a
physician, physician assistant, or advanced practice registered nurse other than the decedent's established primary care physician, physician assistant, or advanced practice registered nurse for a chronic condition or terminal illness related to the decedent's death and the conditions set forth in subsections (3)(a.5)(I)(A) and (3)(a.5)(I)(D) of this section are met, that physician, physician assistant, or advanced practice registered nurse is responsible for completing the medical certification for the certificate of death in accordance with subsection (4) of this section.
(b) In the case of a stillborn fetus, notwithstanding the provisions of
paragraph (a) of this subsection (3), the physician, nurse, or other medical personnel attending to the stillborn death may assume responsibility for filing the death certificate required by paragraph (a) of this subsection (3). The person filing the death certificate in the case of a stillborn fetus shall obtain the personal data required by the certificate from a parent and shall include a name on the death certificate if a parent desires to identify a name.
(c) If a death certificate is not filed in the case of a stillborn death as
required by paragraph (a) of this subsection (3), a parent may inform the state registrar of the information necessary to complete the death certificate. The state registrar shall confirm such information and complete the death certificate accordingly.
(4) Except when inquiry is required by any provision of section 30-10-606
other than section 30-10-606 (1)(b), the physician, physician assistant, or advanced practice registered nurse in charge of the patient's care for the illness or condition that resulted in death shall complete the medical certification for the certificate of death within seventy-two hours after receipt of the electronic death registration request or, before March 1, 2024, only, for a physician, physician assistant, or advanced practice registered nurse who is not yet registered to use and using the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I) of this section, within seventy-two hours after receiving notice that a medical certification for a certificate of death must be completed. In the absence of the physician, physician assistant, or advanced practice registered nurse or with the physician's, physician assistant's, or advanced practice registered nurse's approval, the certificate may be completed and signed by an associate physician, physician assistant, advanced practice registered nurse, the chief medical officer of the institution in which the death occurred, or the physician who performed an autopsy upon the decedent, if such individual has access to the medical history of the case, if said individual views the decedent at or after the time of death, and if the death is due to natural causes. If the death is or may be due to unnatural causes, a physician, physician assistant, or advanced practice registered nurse required to complete a medical certification for a certificate of death in accordance with this subsection (4) shall notify the coroner or the medical examiner when an inquiry or an autopsy is required to be performed pursuant to sections 30-10-606 and 30-10-606.5. On and after March 1, 2024, a physician's, physician assistant's, or advanced practice registered nurse's repeated or willful failure without reasonable cause to comply with timely completion of a medical certification for a certificate of death in accordance with subsection (1)(a) of this section and this subsection (4) constitutes unprofessional conduct, as defined in section 12-240-121 (1)(hh). If an autopsy is performed, the certification shall indicate whether the decedent was pregnant at the time of death, and the information shall be reported on the death certificate as required by subsection (9) of this section. Except as otherwise provided in subsection (4.5) of this section, the physician, physician assistant, or advanced practice registered nurse or, in their absence, their designee in accordance with this subsection (4), shall complete the medical certification for a certificate of death required by this subsection (4) using the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I) of this section.
(4.5) (a) The department of public health and environment shall ensure that
all physicians are registered to use the electronic death registration system created and used pursuant to subsection (1)(b)(I) of this section on or before March 1, 2024. A physician shall use the system for all medical certifications for certificates of death required by subsection (4) of this section immediately upon being registered but is not required to do so before being registered.
(b) A qualified individual shall register to use the electronic death
registration system prior to signing a medical certificate of death.
(5) (a) When inquiry is required by section 30-10-606, the coroner shall
determine the cause of death and shall complete and sign the medical certification within forty-eight hours after receipt of the electronic death registration request, except as permitted by subsection (5.5) of this section. If an autopsy is performed, the certification must indicate whether the decedent was pregnant at the time of death, and the information must be reported on the certificate of death as required by subsection (9) of this section. Except as otherwise provided in subsection (4.5) of this section, a coroner, medical examiner, forensic pathologist, or other qualified individual that determines the cause of death and completes the medical certification for a certificate of death in accordance with this subsection (5) must use the electronic death registration system used by the department of public health and environment and the state registrar pursuant to subsection (1)(b)(I) of this section.
(b) A coroner, medical examiner, forensic pathologist, or other qualified
individual who completes the medical certification for a certificate of death pursuant to this subsection (5) or subsection (5.5) or (6) of this section shall not register excited delirium as the cause of death.
(c) For purposes of this subsection (5), excited delirium means a term used
to describe a person's state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders. Excited delirium also includes excited delirium syndrome, hyperactive delirium, agitated delirium, and exhaustive mania.
(5.5) A coroner is not required to comply with subsection (5) of this section if
the coroner, in good faith, determines that additional time is needed to make a proper inquiry to determine the cause and manner of death of any individual in the coroner's jurisdiction who has died under any circumstance specified in section 30-10-606 (1) or if the coroner is required to perform a forensic autopsy as required by section 30-10-606.5. In these situations, a coroner shall determine the cause of death and shall complete and sign the medical certification for a certificate of death as soon as is practicable and in accordance with subsection (6) of this section.
(6) If the cause of death cannot be determined within forty-eight hours after
a death, the medical certification shall be completed as provided by rule. If an autopsy is performed, the certification shall indicate whether the decedent was pregnant at the time of death, and the information shall be reported on the death certificate as required by subsection (9) of this section. The attending physician, physician assistant, advanced practice registered nurse, or coroner shall give the funeral director or individual assisting in a nonprofessional capacity notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the office designated or established pursuant to section 25-2-103 in the county where the death occurred or, if such an office does not exist in the county where the death occurred, final disposition of the body shall not be made until authorized by the coroner or the coroner's designee.
(7) When a death is presumed to have occurred within Colorado but the body
cannot be located, a death certificate may be prepared by the state registrar upon receipt of an order of a court of competent jurisdiction which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked presumptive and shall show on its face the date of registration and shall identify the court and the date of decree.
(8) Every funeral establishment shall maintain registration with the office of
the state registrar and shall act in accordance with the provisions of this article.
(9) (a) If an autopsy is performed, a certificate of death shall identify whether
the decedent was pregnant at the time of death.
(b) The requirement in this subsection (9) and subsections (4), (5), and (6) of
this section to indicate whether the decedent was pregnant at the time of death shall be complied with when the person required to make the designation has access to the certification form that permits compliance.
(10) Whenever in the Colorado Revised Statutes the terms certificate of
death or death certificate are used, except as to the initial certificate of death required pursuant to paragraph (a) of subsection (1) of this section, the same two terms include a verification of death document that is certified by the state registrar and issued pursuant to paragraph (c) of subsection (1) of this section.
(11) A deadline set forth in this section by which an individual is required to
complete an action relating to a certificate of death or a medical certification for a certificate of death is extended by one day per day of closure if the business or facility at which the individual is employed is actually closed for an entire calendar day that is a weekend day or a legal holiday. Such a deadline is not extended if the business or facility is open for any portion of such a calendar day or if the business or facility is closed for an entire calendar day that is not a weekend day or a legal holiday.
(12) As used in this section, qualified individual means a physician; a
physician assistant licensed pursuant to article 240 of title 12; an advanced practice registered nurse, as defined in section 12-255-104 (1); or the chief medical officer of the institution in which the death occurred.
Source: L. 67: R&RE, p. 1059, � 1. C.R.S. 1963: � 66-8-10. L. 84: Entire section
R&RE, p. 744, � 8, effective July 1. L. 97: (1) amended, p. 1286, � 29, effective July 1. L. 2001: (1) and (3) amended, p. 439, � 2, effective August 8. L. 2005: (9) added, p. 214, � 1, effective July 1. L. 2011: (4), (5), (6), and (9) amended, (HB 11-1183), ch. 85, p. 230, � 1, effective August 10. L. 2012: (1) amended, (HB 12-1041), ch. 266, p. 1384, � 1, effective August 8. L. 2014: (1)(c) and (10) added, (HB 14-1073), ch. 30, p. 176, � 3, effective July 1. L. 2023: (1)(a), (3)(a), (4), and (5) amended and (1)(b)(III), (1)(b)(IV), (3)(a.5), (4.5), (5.5), and (11) added, (SB 23-020), ch. 135, p. 519, � 1, effective August 7. L. 2024: (5) amended, (HB 24-1103), ch. 47, p. 167, � 2, effective August 7; (1)(d) added, (HB 24-1269), ch. 394, p. 2718, � 6, effective July 1, 2025. L. 2025: (1)(c) amended and (1)(e) and (1)(f) added, (HB 25-1109), ch. 73, p. 315, � 2, effective April 17; (1)(b)(I), (1)(b)(III), (3)(a), IP(3)(a.5)(I), (3)(a.5)(I)(B), (3)(a.5)(I)(C), (3)(a.5)(II), (4), (4.5), and (6) amended and (1)(g) and (12) added, (HB 25-1082), ch. 436, p. 2518, � 1, effective August 6.
Editor's note: (1) Subsection (1)(b)(II) provided for the repeal of subsection
(1)(b)(II), effective September 1, 2014. (See L. 2012, p. 1384.)
(2) Section 5 of chapter 73 (HB 25-1109), Session Laws of Colorado 2025,
provides that the act changing this section applies to offenses committed on or after April 17, 2025.
Cross references: (1) For unlawful acts of funeral establishments and
mortuary science practitioners, see � 12-135-105; for a certified copy of an affidavit of death as proof in joint tenancy, see �� 38-31-102 and 38-31-103.
(2) For the legislative declaration contained in the 1997 act amending
subsection (1), see section 1 of chapter 236, Session Laws of Colorado 1997.
C.R.S. § 25-25-105
25-25-105. Organization meeting - chair - executive director - surety bond - conflict of interest. (1) A member of the board, designated by the governor, shall call and convene the initial organizational meeting of the board and shall serve as its chair pro tempore. At such meeting, appropriate bylaws shall be presented for adoption. The board's bylaws may provide for the election or appointment of officers, the delegation of certain powers and duties, and such other matters as the authority deems proper. At such meeting and annually thereafter, the board shall elect one of its members as chair and one as vice-chair. It shall appoint an executive director and, if desired, an associate executive director and any other officer designated by the board, who shall not be members of the board and who shall serve at its pleasure. They shall receive such compensation for their services as shall be fixed by the board.
(2) The executive director, the associate executive director, or any other
person designated by the board shall keep a record of the board's proceedings and shall be custodian of all books, documents, and papers filed with the board, the minute books or journal, and the official seal of the authority. This person may make copies of the minutes and other records and documents of the board and may certify under the official seal of the authority that such copies are true copies. All persons dealing with the authority may rely on such certifications.
(3) The board may delegate, by resolution, to one or more of its members or
to its executive director, associate executive director, or any other officer designated by the board, such powers and duties as it may deem proper.
(4) (a) Before the issuance of any bonds under this article, the executive
director, associate executive director, and any other officer designated by the board shall each execute a surety bond in the penal sum of one hundred thousand dollars, and each member of the board shall execute a surety bond in the penal sum of fifty thousand dollars.
(b) In lieu of the surety bonds required by paragraph (a) of this subsection
(4), the chair of the board may execute a blanket bond covering each member, the executive director, the associate executive director, and the employees or other officers of the authority.
(c) Each surety bond shall be conditioned upon the faithful performance of
the duties of the office or offices covered and shall be executed by a surety authorized to transact business in this state as surety. The cost of each such bond shall be paid by the authority.
(5) Notwithstanding any other law to the contrary, it shall not constitute a
conflict of interest for a trustee, director, officer, or employee of any health institution, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architecture firm, insurance company, or other firm, person, or corporation to serve as a member of the board; except that such trustee, director, officer, or employee shall disclose such interest to the board and shall abstain from deliberation, action, and voting by the board in each instance where the business affiliation of any such trustee, director, officer, or employee is involved.
Source: L. 77: Entire article added, p. 1307, � 1, effective July 1. L. 78: (5)
R&RE, p. 435, � 1, effective April 28. L. 79: (1) amended and (5) R&RE, p. 1076, 1079, �� 3, 1, effective May 25. L. 2007: (1) to (4) amended, p. 413, � 3, effective August 3.
C.R.S. § 25-3-311
25-3-311. Donations permitted. Any person, firm, organization, corporation, or society desiring to make donations of money, personal property, or real estate for the benefit of such public hospital shall have the right to vest title of the money, personal property, or real estate so donated in said county, to be controlled, when accepted, by the board of public hospital trustees according to the terms of the deed, gift, devise, or bequest of such property.
Source: L. 43: p. 279, � 11. CSA: C. 78, � 151(11). CRS 53: � 66-7-11. C.R.S.
1963: � 66-7-11. L. 83: Entire section amended, p. 2050, � 16, effective October 14.
C.R.S. § 25-5-1101
25-5-1101. Legislative declaration. (1) (a) The general assembly hereby declares that this part 11 is enacted for the purpose of reducing exposure of children to lead hazards and reducing the prevalence of elevated blood lead levels in children under seven years of age. The general assembly finds and determines that:
(I) Exposure of children to lead represents a significant environmental health
problem in the state that is preventable;
(II) The existence of elevated blood lead levels in children is of great concern
to the citizens of Colorado because lead poisoning in children may necessitate large expenditures of public funds for health care and special education, which expenditures could be avoided if exposure of children to lead is reduced;
(III) A comprehensive lead hazard reduction program is needed to prevent
elevated blood lead levels in children and, if implemented, such program could prevent hundreds of Colorado's children, many of whom currently go undiagnosed or untreated, from being exposed to lead at levels believed to be harmful.
(b) Therefore, it is the intent of the general assembly to establish and fund a
statewide lead hazard prevention, intervention, and reduction program within the department of public health and environment for the purposes of:
(I) Compiling information concerning the prevalence, causes, and geographic
occurrence of elevated levels of lead in children's blood;
(II) Identifying areas of the state where children's lead exposures are
significant;
(III) Analyzing lead information and, where indicated, designing and
implementing a program of medical monitoring and follow-up and environmental intervention that will reduce the incidence of excessive exposure of children to lead in residences and child-occupied facilities in Colorado; and
(IV) Providing comprehensive educational materials that are targeted to
health-care providers, child care providers, schools, parents of young children, the real estate industry, and owners of rental properties.
Source: L. 97: Entire part added, p. 1083, � 1, effective July 1.
C.R.S. § 25-7-142
25-7-142. Energy benchmarking - data collection and access - utility requirements - task force - rules - reports - exemptions - definitions - legislative declaration. (1) Legislative declaration. The general assembly finds, determines, and declares that the regulation of building performance is a matter of statewide concern because:
(a) As of 2020, buildings represented a significant source of greenhouse gas
pollution in the state of Colorado;
(b) Energy consumption and greenhouse gas emissions associated with a
building produce impacts far beyond its walls and the boundaries of the local government within which the building is located, including costs to utility ratepayers for increased energy production, community health costs associated with air pollution, and broader societal costs of anthropogenic climate change;
(c) Many building owners have made proactive efforts to reduce the energy
use and greenhouse gas emissions of their buildings, yet more remains to be done to help the state meet its greenhouse gas reduction goals;
(d) Building tenants that pay energy bills often lack the ability to implement
building upgrades that could improve performance, reduce emissions, and reduce those costs;
(e) The commission has both the statutory authority and obligation to require
a reduction of greenhouse gas emissions in the state in every sector including buildings;
(f) (I) Benchmarking and building performance standards will support job
growth in Colorado. According to the United States Climate Alliance, before January 1, 2020, the fastest growing clean energy industries in Colorado included:
(A) Traditional heating, ventilation, and air conditioning, totaling ten
thousand four hundred thirty-eight jobs; and
(B) Energy Star and efficient lighting, totaling eleven thousand one hundred
fifty-six jobs.
(II) Additionally, analysis conducted by Advanced Energy Economy identified
more than sixty thousand advanced energy jobs in Colorado, with more than fifty percent of those jobs in energy efficiency.
(g) The state of Colorado provides many low- and no-cost options for
Colorado property owners to finance building performance improvements, including:
(I) Property-assessed clean energy financing that the Colorado new energy
improvement district created in section 32-20-104 provides, whereby qualifying energy efficiency and renewable energy improvements are paid back via an assessment on annual property taxes; and
(II) Performance contracting, whereby improvements are paid for by
contractually guaranteed savings from efficiency upgrades;
(h) Many public utilities in the state also provide technical assistance and
financial incentives to help property owners implement building performance improvements; and
(i) It is in the interest of the state to:
(I) Establish a program to help Colorado citizens understand and track
energy use and greenhouse gas emissions from large buildings; and
(II) Develop performance standards necessary to meet state greenhouse-gas-emission-reduction goals.
(1.5) The general assembly further finds and declares that:
(a) Energy consumption by Colorado's built environment, including large
commercial and residential properties, is a significant contributor to statewide greenhouse gas pollution;
(b) Reducing the greenhouse gas emissions arising from energy
consumption by the built environment is necessary to achieve the 2050 net-zero greenhouse gas emission reduction goal set forth in section 25-7-102 (2)(g);
(c) The commission satisfied the objectives set forth in subsections (8)(a)(II)
and (8)(c)(II) of this section by adopting benchmarking and performance standard rules in August 2023; and
(d) In implementing the requirements of this section and the commission's
rules adopted pursuant to this section, the division should, consistent with section 25-7-122 (2), consider an owner's effort to comply with building performance standards when implementing enforcement and assessing penalties pursuant to section 25-7-122 and this section.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Aggregated data means electric or gas meter data from which any
unique identifier or other personal information has been removed and that a qualifying utility collects and aggregates in at least monthly intervals for an entire covered building.
(b) Aggregation threshold means, for each qualifying utility, the minimum
number of customer accounts associated with a covered building for which the qualifying utility may provide the owner of the covered building with aggregated data upon request without requiring each customer's consent to have the customer's energy-use data accessed or shared.
(b.5) (I) Agricultural building means a building or structure used to house
agricultural implements, hay, unprocessed grain, poultry, livestock, or other agricultural products or inputs primarily for the purpose of maintaining or operating an agricultural process.
(II) Agricultural implements include agricultural equipment as described in
section 39-3-122.
(III) Agricultural implements do not include implements that are primarily for
rent or sale.
(c) Benchmark means to input benchmarking data into a benchmarking
tool to measure and assess the energy performance and greenhouse gas pollution for a covered building for the reporting year.
(d) Except as the commission may modify by rule pursuant to subsection (7)
of this section, benchmarking data means the information related to a covered building that is input into or calculated by a benchmarking tool and includes, at a minimum:
(I) A physical description of the covered building and descriptions of its
operational characteristics, including:
(A) The name of the covered building, if any;
(B) The address of the covered building;
(C) The primary uses of the covered building;
(D) The covered building's gross floor area; and
(E) The years in which the covered building has been certified by Energy Star
and the most recent date of certification, if applicable; and
(II) Data generated by the benchmarking tool, including:
(A) The Energy Star score, if available;
(B) Monthly energy use by fuel type;
(C) Site and source energy-use intensity;
(D) Weather-normalized site and source energy-use intensity;
(E) Confirmation that data quality has been checked;
(F) Annual maximum electricity demand, in kilowatts;
(G) If available for reporting through the benchmarking tool, monthly peak
electricity demand; and
(H) Greenhouse gas emissions, including total, indirect, and direct emissions.
(e) Except as the commission may modify by rule pursuant to subsection (7)
of this section, benchmarking tool means the Energy Star Portfolio Manager® or a successor online resource used to track and assess the performance of certain properties relative to similar properties.
(f) Biomedical research laboratory means a scientific laboratory used to
conduct research relating to both biology and medicine.
(g) (I) Campus means a collection of two or more buildings that are owned
and operated by the same person and that have a shared purpose and function as a single property.
(II) Campus includes two or more of the buildings that comprise the capitol
complex.
(h) Colorado energy office or office means the Colorado energy office
created in section 24-38.5-101.
(i) Correctional facility means:
(I) A correctional facility, as defined in section 17-1-102 (1.7);
(II) A private contract prison, as defined in section 17-1-102 (7.3);
(III) A local jail, as defined in section 17-1-102 (7);
(IV) A municipal jail, as authorized in section 31-15-401 (1)(j); and
(V) A juvenile detention facility governed by part 15 of article 2.5 of title 19.
(j) (I) Except as the commission may modify by rule pursuant to subsection
(7) of this section, covered building means a building comprising a gross floor area of fifty thousand square feet or more that is occupied by a single occupant or group of tenants.
(II) Covered building does not include:
(A) A storage facility, stand-alone parking garage, or airplane hangar that
lacks heating and cooling;
(B) A building in which more than half of the gross floor area is used for
manufacturing or industrial purposes;
(C) A single-family home, duplex, or triplex; or
(D) An agricultural building.
(k) Energy Star means the federal program authorized by 42 U.S.C. sec.
6294a, as amended, to help customers, businesses, and industry save money and protect the environment through the adoption of energy-efficient products and practices.
(l) Energy Star score means the one-to-one-hundred numeric rating
generated by the Energy Star Portfolio Manager® as a measurement of a building's energy efficiency.
(m) Energy-use intensity means a building's energy use, expressed as total
site energy use per square foot per year.
(n) Financial hardship means that a property is experiencing at least one of
the following conditions:
(I) The property has been included on a city's, county's, or city and county's
annual tax lien sale list within the previous two years;
(II) The property is an asset subject to a court-appointed receiver that
controls the asset due to financial stress;
(III) The property is owned by a financial institution as a result of a default by
a borrower;
(IV) The property has been acquired by a deed in lieu of foreclosure;
(V) The property is the subject of a senior mortgage subject to a notice of
default; or
(VI) Due to the governor declaring a disaster emergency pursuant to section
24-33.5-704 (4), the property, in at least two of the previous five years, generated annual rental income or revenue that totals sixty percent or less of the five-year average immediately preceding the disaster emergency declaration.
(o) Greenhouse gas has the meaning set forth in section 25-7-140 (6).
(p) Gross floor area means the total building area, as measured from the
outside surface of each exterior wall of the building, including above-grade and below-grade space.
(q) Local government means a statutory or home rule municipality, county,
or city and county.
(q.5) Operator means an owner, tenant, or other individual or entity:
(I) Occupying or named on the utility bill for a covered building; and
(II) That has access to utility data for the covered building.
(r) Owner means a person possessing title to a property or the person's
designated agent.
(s) Performance standards means standards that the commission
establishes by rule pursuant to subsection (8)(c) or (8.5)(a) of this section and with which owners of covered buildings are required to comply.
(t) Public building means a covered building owned by:
(I) The state;
(II) A local government;
(III) A district or special district regulated under title 32;
(IV) A state institution of higher education;
(V) A private institution of higher education as defined in section 23-18-102
(9);
(VI) A school district created pursuant to article 30 of title 22; and
(VII) A charter school authorized pursuant to part 1 of article 30.5 of title 22.
(u) Qualifying utility means:
(I) An electric or gas utility with five thousand or more active commercial and
industrial service connections, accounts, or customers in the state, including:
(A) An investor-owned electric or gas utility;
(B) A cooperative electric association; or
(C) A municipally owned electric or gas utility; or
(II) A natural gas supplier with five or more active commercial or industrial
connections, accounts, or customers in the state.
(v) State institution of higher education:
(I) Has the meaning set forth in section 23-1-108 (7)(g)(II);
(II) Includes the Auraria higher education center, governed pursuant to
article 70 of title 23; and
(III) Does not include a biomedical research laboratory.
(w) Tenant means a person that, pursuant to a rental or lease agreement,
occupies or holds possession of a building or part of a building or premises.
(x) Unique identifier means a customer's contact information displayed on
a utility bill such as the customer's name, mailing address, telephone number, or email address.
(y) Utility customer means the building owner or tenant listed on the
utility's records as the customer liable for payment of the utility service or additional charges assessed on the utility account.
(3) Benchmarking requirements on owners and operators. (a)
Notwithstanding the rules that the commission adopted before July 2025, beginning in 2026 for 2025 benchmarking data and for each subsequent year, the owner of a covered building shall submit a report of the benchmarking data for the previous calendar year to the office on or before November 1.
(b) Notwithstanding subsection (3)(a) of this section, beginning in 2025 for
2024 benchmarking data and for each subsequent year, if an owner of a covered building demonstrates to the office that it lacks access to benchmarking data, the operator of the covered building shall, on or before November 1 of each year, submit to the office a report of the benchmarking data for the covered building for the previous calendar year.
(c) Before providing a benchmarking report pursuant to subsection (3)(a) of
this section, an owner of a covered building or operator shall run any automated data checking function of the benchmarking tool and correct any errors discovered.
(d) The following owners and operators may comply with this subsection (3)
collectively at the campus-wide level:
(I) The owner or operator of multiple covered buildings that are part of a
master metered group of buildings without submetering;
(II) The owner or operator of a correctional facility; and
(III) The owner or operator of a public building that is a covered building.
(4) Utility data requirements. (a) On or before June 1, 2022, a qualifying
utility shall:
(I) Establish an aggregation threshold that is four or fewer utility customer
accounts;
(II) Publish its aggregation threshold on its public website; and
(III) Upon request of an owner of a covered building, begin providing energy-use data to the owner.
(b) Energy-use data that a qualifying utility provides an owner pursuant to
this subsection (4) must be:
(I) Available on, or able to be requested through, an easily navigable web
portal or online request form using up-to-date standards for digital authentication, including single one-time passwords or multi-factor authentication;
(II) Provided to the owner within:
(A) Ninety days after receiving the owner's valid written or electronic
request if the request is received in 2022;
(B) Thirty days after receiving the owner's valid written or electronic request
if the request is received in 2023 or later;
(III) Directly uploaded to the owner's benchmarking tool account, delivered in
the spreadsheet template specified by the benchmarking tool, or delivered in another format approved by the office;
(IV) Provided to the owner on at least an annual basis until the owner revokes
the request for energy-use data or sells the covered building;
(V) Provided in accordance with this subsection (4), regardless of whether
the owner is named on the utility account for the covered building; and
(VI) If the qualifying utility is an investor-owned utility, provided in
accordance with the public utilities commission's rules concerning customer data and personally identifying information.
(c) For covered buildings that do not meet the qualifying utility's
aggregation threshold, and thus require utility customer consent to access or share energy-use data, the consent:
(I) May be in written or electronic form;
(II) May be provided in a lease agreement provision;
(III) Is valid until the utility customer revokes it; and
(IV) Is not required if a utility customer vacates the covered building before
explicitly denying the owner consent to access and share the utility customer's energy-use data.
(d) To meet the requirements of this subsection (4), a qualifying utility that is
not an investor-owned utility may seek and use grant funding from the Colorado clean energy fund, a nonprofit corporation, or the energy fund created in section 24-38.5-102.4 (1)(a)(I).
(5) Benchmarking waivers and extensions of time. (a) An owner of a
covered building may seek a waiver from the benchmarking requirements set forth in subsection (3) of this section if the owner submits documentation to, and receives approval from, the office, which documentation establishes that the covered building has met one or more of the following conditions for the calendar year to be benchmarked:
(I) The covered building was unoccupied for at least thirty consecutive days
of the year;
(II) A demolition permit was issued for the entire covered building;
(III) The covered building met one or more of the conditions for financial
hardship;
(IV) The covered building does not meet a qualifying utility's aggregation
threshold, one or more of the utility customers refused to provide the owner with permission to access the utility customer's relevant energy-use data, the owner provides proof to the office that it requested permission from the utility customer or utility customers withholding consent at least thirty days before the benchmarking report was due, and the owner submits a plan to include an energy-use data sharing permission provision in the next lease renewal; or
(V) The covered building has four or more utility customers, is not located
within a qualifying utility's service territory, and the owner is unable to get aggregated data from the utility that serves the covered building.
(b) An owner of a covered building may request a time extension from the
office to submit a benchmarking report if the owner submits documentation to the office demonstrating that, despite the owner's good-faith effort, the owner was unable to complete the benchmarking report in a timely manner because of the failure or refusal of a qualifying utility or a utility customer to provide the necessary information or permission, as applicable.
(c) The office shall notify the division of all approved waivers and extensions
of time, the approval of which is solely within the office's discretion.
(d) Pursuant to subsection (7) of this section, the commission may, by rule,
modify the requirements for obtaining a waiver or extension of time pursuant to this subsection (5).
(6) Requirements upon sale or lease of a covered building. (a) At the time of
listing a covered building or a portion of a covered building for sale or lease, the owner of the covered building shall furnish an electronic copy of reported benchmarking data from the previous calendar year or from the most recent twelve-month period of continuous occupancy to the following:
(I) Prospective buyers or lessees;
(II) Any brokers, as defined in section 12-10-201 (6), who make inquiry about
the property; and
(III) Major commercial real estate listing services on which the property is
listed.
(b) Upon receipt of the benchmarking data, a commercial real estate listing
service that lists properties in the state shall include in the property's listing, at a minimum, the property's Energy Star score, if applicable, and the property's energy-use intensity.
(c) If a covered building changes ownership, the former owner shall make
available to the new owner the energy-use data; utility customer consent documentation, if any; and any other information about the property that is necessary to benchmark the covered building. The former owner shall transfer to the new owner both the record representing the covered building within the benchmarking tool and the request to a qualified utility for aggregated data. The new owner may request and receive from a qualifying utility the aggregated data necessary to fulfill benchmarking reporting requirements.
(7) Benchmarking rules. The commission may promulgate rules to
implement the benchmarking program set forth in this section. Additionally, the commission may, by rule, modify the following:
(a) The provisions regarding waivers and extensions of time set forth in
subsection (5) of this section;
(b) The definition of benchmarking data, but only if the modified definition
concerns data that:
(I) Is capable of being recorded by the benchmarking tool; and
(II) Includes the greenhouse gas emissions, the Energy Star score, if
applicable, and energy-use intensity;
(c) The benchmarking tool that owners are required to use to benchmark;
(d) Data verification requirements; and
(e) After June 1, 2029, the minimum gross floor area included in the definition
of covered building.
(8) Rules. (a) and (b) Repealed.
(c) (I) and (II) Repealed.
(III) The commission shall not adopt rules to rescind or modify the
exemptions for owners of public buildings from payment of the annual fee, as set forth in section 24-38.5-112 (1)(e)(II); from payment of the building decarbonization fee, as set forth in section 24-38.5-125 (5)(b); or from payment of civil penalties, as set forth in section 25-7-122 (1)(i).
(IV) The commission shall, as necessary, adopt rules to modify or continue
the performance standards until 2050 in order to achieve or exceed greenhouse gas emission reduction targets set forth in section 25-7-102 (2)(g).
(d) to (f) Repealed.
(8.5) 2040 performance standard targets - division to propose standards -
commission to adopt rules - task force - membership - repeal. (a) (I) To help achieve or exceed greenhouse gas emission reduction targets pursuant to subsection (8)(c)(IV) of this section, the commission shall adopt, by rule, 2040 performance standards in accordance with section 25-7-102 (2)(g).
(II) On or before June 1, 2029, the division, after consultation with the office,
shall consider recommendations from the task force created pursuant to subsection (8.5)(c) of this section and shall propose 2040 performance standards to the commission for consideration in the rules adopted pursuant to subsection (8.5)(a)(I) of this section.
(b) The division, in proposing 2040 performance standards, and the
commission, in adopting 2040 performance standards, shall consider whether targets that are included in the 2040 performance standards to reduce emissions from covered buildings are consistent with meeting the economy-wide emission reduction goals set forth in section 25-7-102 (2)(g), taking into consideration:
(I) The capital planning periods for covered buildings;
(II) The feasibility of an owner planning and implementing a building upgrade
project ahead of the compliance date for the 2040 performance standards that the commission sets by rule pursuant to subsection (8.5)(a)(I) of this section; and
(III) That all rules that the commission adopts must be technologically
feasible and economically reasonable pursuant to the requirements set forth in section 25-7-102 (1).
(c) (I) On or before July 1, 2027, the director of the office shall appoint and
convene a task force. The task force shall review the benchmarking data submitted for calendar years 2021 through 2026 and, on or before July 1, 2028, develop and provide recommendations to the division regarding the 2040 performance standards.
(II) As part of the recommendations developed pursuant to subsection
(8.5)(c)(I) of this section, the task force shall consider:
(A) The economy-wide emission reduction goals set forth in section 25-7-102
(2)(g);
(B) The capital planning periods for covered buildings and the feasibility of
an owner planning and implementing a building upgrade project ahead of the compliance date;
(C) Whether the building performance program should allow a covered
building owner to meet performance targets through the implementation of energy efficiency improvements or other eligible measures;
(D) Improvements that materially advance compliance with the performance
standards and avoid premature replacement of equipment that remains within its useful service life;
(E) The establishment of individualized compliance pathways, including the
ability of the office to enter into agreements with covered building owners to define alternative compliance metrics and schedules that are consistent with operational necessity and that avoid unnecessary financial burdens; and
(F) Elements from prior rules regarding building performance standards,
which rules may require revision. The task force shall make recommendations regarding any rule revisions that it believes are necessary.
(d) The task force consists of the following members, all of whom, except
the representatives of the office, the public utilities commission, and the division, are voting members:
(I) The director of the office or the director's designee;
(II) The director of the division or the director's designee;
(III) The director of the public utilities commission or the director's designee;
(IV) One member who is an owner of commercial covered buildings or who
represents owners of commercial covered buildings;
(V) One member who is an owner of a multifamily residential covered
building or who represents owners of multifamily residential covered buildings;
(VI) One member who represents an affordable housing organization;
(VII) One member who has direct experience in, or is a member of an
organization representing workers in, mechanical, HVAC, or electrical work at the commercial or multifamily building level;
(VIII) One member who represents architects;
(IX) One member who represents professional engineers and who has
experience working on systems for buildings;
(X) One member who has extensive experience as a building operating
engineer;
(XI) One member who represents an electric utility, a gas utility, or a
combined electric and gas utility;
(XII) One member who is from an environmental conservation or
environmental justice group with experience in energy efficiency or the built environment;
(XIII) One member who is from a local government that has enacted or
adopted a benchmarking or building energy performance ordinance or resolution;
(XIV) Three members who have relevant building performance expertise, as
determined by the director of the office;
(XV) One member representing hospitals or other health-care facilities; and
(XVI) One member who is a representative of a mixed-use commercial office.
(e) An individual applying to serve on the task force must submit a
recommendation from a member of the group that the individual seeks to represent on the task force or, if a trade organization exists that represents the group, a recommendation from the trade organization.
(f) In making appointments to the task force, the director of the office shall
strive to ensure varied geographic representation.
(g) The task force shall conduct a comprehensive economic analysis of its
recommendations for the 2040 performance standards prior to providing the recommendations to the division.
(8.6) Notwithstanding any rules that the commission adopts pursuant to this
section before July 1, 2025:
(a) (I) An owner of a covered building that meets its performance standards
using the standard percentage reduction building performance pathway, as established by rule of the commission, may use 2019 benchmarking data as an alternate baseline if the owner submits complete and accurate 2019 benchmarking data to the office no later than November 1, 2027;
(II) An owner of a covered building located within the jurisdiction of a local
government that has adopted and implemented a building performance standards program or other similar program intended to reduce greenhouse gas emissions from covered buildings is deemed in compliance with this section and rules adopted by the commission pursuant to this section by complying with the requirements of the local program if:
(A) The owner of the covered building maintains compliance with the local
program and certifies its affirmative compliance status by submitting an affidavit, which affidavit attests that the covered building meets the requirements of the local program, in annual benchmarking reports submitted to the office; and
(B) The office has determined that the greenhouse gas emission reductions
from covered buildings complying with the local program are reasonably similar to the greenhouse gas emission reductions that would have been achieved through compliance with performance standards established under this section;
(III) A local jurisdiction that has adopted and implemented a building
performance standards program may issue a certification or report to the office confirming which covered buildings are in compliance with the program; and
(IV) Decisions made by the office regarding equivalence pursuant to
subsection (8.6)(a)(II)(B) of this section are subject to judicial review pursuant to section 24-4-106.
(b) (I) Notwithstanding subsection (8.6)(a) of this section and any rules
adopted by the commission before July 1, 2025, an owner may either comply with the 2026 performance standards or track its progress toward compliance by submitting benchmarking reports in accordance with subsections (3) and (8.6)(b)(II) of this section.
(II) Beginning with the 2025 benchmarking reports submitted in 2026, and
each year thereafter, a covered building owner or operator shall, as part of its benchmarking reports submitted to the office:
(A) Respond to any standard progress-related questions included in the
benchmarking form to help assess whether the building is on a path toward future compliance;
(B) Indicate whether technical assistance or guidance from the office would
be helpful; and
(C) Provide any additional nonproprietary information requested by the office
that is relevant to understanding implementation trends or common barriers to compliance.
(III) The reports required under subsection (8.6)(b)(II) of this section must
include only answers to the questions that are minimally necessary to assess the covered building owner's progress toward the performance standard targets.
(IV) Any rules the commission adopted before July 1, 2025, that impose
additional compliance obligations upon a covered building owner that fails to timely meet a building performance standard do not apply until 2031 for the 2030 building performance standards.
(V) The office shall prioritize any grant money that is made available for
owners of covered buildings:
(A) That comply with or establish plans to go beyond the 2026 performance
standards; or
(B) That comply with the 2030 performance standard early or establish plans
to go beyond the 2030 performance standards.
(VI) Nothing in this subsection (8.6)(b) precludes or modifies the division's
authority to enforce against an owner of a covered building for noncompliance with 2030 performance standards or performance standards set for subsequent years.
(8.7) Notwithstanding the requirements of subsection (8)(a)(II) of this section
or rules adopted pursuant to that subsection, subsection (8.6) of this section is necessary for covered buildings to effectively implement the performance standards. The commission is not required to revise rules that were adopted pursuant to this section before July 1, 2025.
(8.8) (a) Energy use that a covered building owner demonstrates is
attributable to electric vehicle charging shall not be included in a covered building's total energy usage for purposes of compliance with building performance standards.
(b) A covered building owner may, after consultation with the office, request
documentation demonstrating that:
(I) The covered building is in current compliance with the commission's rules
adopted in accordance with this section; and
(II) The covered building is on a path toward meeting upcoming compliance
obligations, based on the performance standards, conditions, and building-specific plans that are in effect at the time of the covered building owner's request.
(c) Consistent with rules adopted by the commission, the office shall develop
guidance concerning individualized target and compliance guidelines for covered building owners that demonstrate a significant increase in energy use due to the expansion of a data center or telecommunications operation. A covered building owner's individualized energy efficiency target can reflect increased electricity consumption over time from a data center or telecommunications operation if all cost-effective energy efficiency and electrification measures have been performed. Consistent with rules adopted by the commission regarding timelines and adjustments for building performance standard targets, individualized targets and compliance timelines may be adjusted multiple times based on the evolving growth of energy consumption by the covered building.
(9) Saving clause. This section does not restrict:
(a) The ability of a qualifying utility to provide incentives or other energy
efficiency program services for covered buildings;
(b) The ability of an investor-owned utility to take credit, as deemed
appropriate by the public utilities commission, for energy or greenhouse gas emission savings achieved for covered buildings;
(c) The ability of a qualified utility to set an aggregation threshold that is
less than four; or
(d) A local government from adopting or implementing an ordinance or
resolution that imposes more stringent benchmarking or performance standard requirements.
(10) Agricultural buildings exempted from benchmarking requirements. (a)
An owner of an agricultural building may submit for an affirmative exemption from any requirement to report benchmarking data.
(b) An owner of an agricultural building may submit for an exemption to
remain valid until there is a change in ownership or a change that renders the building no longer an agricultural building.
(c) For the duration of any exemption, an owner of an agricultural building
shall certify, upon request, the exemption status of any building for which an exemption has been granted.
Source: L. 2021: Entire section added, (HB 21-1286), ch. 326, p. 2070, � 1,
effective September 7. L. 2022: (2)(i)(V) amended, (SB 22-212), ch. 421, p. 2980, � 61, effective August 10. L. 2023: IP(8)(c)(I) and IP(8)(c)(II) amended, (SB 23-016), ch. 165, p. 734, � 6, effective August 7. L. 2025: (1.5), (2)(q.5), (8.5), (8.6), (8.7), and (8.8) added and (2)(s), (3), (8)(c)(III), and (8)(f) amended, (HB 25-1269), ch. 216, p. 978, � 3, effective May 20; (2)(b.5), (2)(j)(II)(D) and (10) added and (2)(j)(II)(B) and (2)(j)(II)(C) amended, (SB 25-039), ch. 37, p. 182, � 1, effective August 6.
Editor's note: (1) Subsection (8)(f) was amended in HB 25-1269, effective
May 20, 2025. For the amendments in HB 25-1269 in effect from May 20, 2025, to July 1, 2025, see chapter 216, Session Laws of Colorado 2025. (L. 2025, p. 978.)
(2) Subsection (8)(f) provided for the repeal of subsections (8)(a), (8)(b),
(8)(c)(I), (8)(c)(II), (8)(d), (8)(e), and (8)(f), effective July 1, 2025. (See L. 2025, p. 978.)
(3) Section 10 of chapter 216 (HB 25-1269), Session Laws of Colorado 2025,
provides that the act changing this section applies to conduct occurring on or after May 20, 2025.
C.R.S. § 26-13-128
26-13-128. Agreements with financial institutions - data match system - limited liability - definitions. (1) The general assembly authorizes the state department, or its agent, to design and implement a program pursuant to this section. The state department, or its agent, and financial institutions doing business in the state shall enter into agreements to effectuate the purpose of this section. The executive director may request and shall receive from such financial institutions or any state entity, such as a department, board, or agency of the state or any of its political subdivisions, the information and action described in this section.
(2) (a) The purpose of the program authorized by this section shall be to
develop and operate, in coordination with such financial institutions and state entities, a data match system, using automated data exchanges, to the maximum extent feasible.
(b) The data match required by paragraph (a) of this subsection (2) shall be
conducted quarterly.
(c) The state department shall provide to the financial institutions or any
state entity the name, record address, and social security number of any person who owes past-due child support, as identified by the state.
(d) The agreement required pursuant to subsection (1) of this section shall
provide that the data match be performed by the financial institution or state entity within forty-five days after the receipt of the informational electronic or magnetic data. The agreement shall also provide that the data be returned in electronic or magnetic form within three business days after the match is conducted. The financial institution or state entity shall include information concerning all accounts where a data match occurs, including but not limited to information regarding account numbers, account types, joint accounts, partnership accounts, sole proprietorship accounts, custodial accounts, and commercial accounts. The child support enforcement agency shall make a reasonable effort to accommodate those financial institutions upon which the requirements of this subsection (2) would pose a hardship.
(e) The financial institution or state entity, in response to a notice of lien or
levy from the state department, shall encumber or surrender assets, except for custodial accounts created pursuant to the Colorado Uniform Transfers to Minors Act, article 50 of title 11, C.R.S., funds in escrow and trust accounts of moneys held in trust for a third party, held by such institution or entity on behalf of any obligor parent who is subject to a child support lien, subject to any right of setoff the financial institution may have against such assets. Before the financial institution surrenders any assets of the obligor parent to the state department, the financial institution may apply, at the sole discretion of the financial institution, any assets held by the financial institution on behalf of the obligor parent against the balance of any amounts owed by the obligor parent to the financial institution, regardless of whether the obligor parent is in default under any agreement with the financial institution or whether any payments are currently due to the financial institution. Service of a notice of lien or levy pursuant to this subsection (2) shall be made by United States first-class mail and, in addition, may be made by United States registered or certified mail, return receipt requested, the cost for which may be withheld by the financial institution or state entity from the account of the obligor parent.
(3) Notwithstanding any other provision of federal or state law, a financial
institution or state entity shall not be liable under any federal, state, or local law to any person for any disclosure of information to the state department for the purpose of establishing, modifying, or enforcing a child support obligation of an individual, or for encumbering, holding, refusing to release to the obligor, surrendering, or transferring any assets held by such financial institution or state entity in response to a notice of lien or levy issued by the state department or for any other action taken in good faith to comply with the requirements of this section regardless of whether such action was specifically authorized or described by this section. A financial institution shall not be required to give notice to an account holder or customer of the financial institution concerning whom the financial institution has provided information or taken any action pursuant to this section. The financial institution shall not be liable for the failure to provide such notice.
(4) The state department shall assure, through rules of the state board, that
there are appropriate procedures to be followed by the state department or the delegate child support enforcement unit with respect to certain special types of financial institution accounts, including but not limited to joint, partnership, sole proprietorship, custodial, and commercial accounts, which rules shall identify factors the delegate child support enforcement unit shall consider in determining whether to attach the account or any portion of such account. Such rules shall specifically provide that custodial accounts created pursuant to the Colorado Uniform Transfers to Minors Act, article 50 of title 11, C.R.S., and trust accounts of moneys held in trust for a third party shall not be attached, encumbered, or surrendered for purposes of enforcing support.
(5) The state department, after obtaining a financial record of an individual
from a financial institution pursuant to this section, may disclose such financial record only for the purpose of and to the extent necessary to establish, modify, or enforce a child support obligation of such individual. If a state officer, employee, or authorized agent of the state knowingly, or by reason of negligence, discloses a financial record of an individual in violation of this subsection (5), such individual may bring a civil action for damages against the officer, employee, or authorized agent of the state pursuant to 42 U.S.C. sec. 669A (c).
(6) A financial institution shall be entitled to a reasonable fee in the amount
of five cents per name per quarter, not to exceed its costs, for fulfilling the requirements of subsection (2) of this section.
(7) For purposes of this section:
(a) (I) Account includes:
(A) A deposit account;
(B) A demand deposit account;
(C) A checking account;
(D) A negotiable withdrawal order account;
(E) A savings account;
(F) A certificate of deposit;
(G) A passbook account;
(H) A time and term deposit account;
(I) A share account;
(J) A share draft account;
(K) A share certificate of deposit;
(L) A money market share account;
(M) A money market mutual fund account;
(N) A N.O.W. account; or
(O) A similar account.
(II) Account shall also include:
(A) An interest in a mutual fund, a brokerage account, a fixed-rate annuity, a
variable-rate annuity, a whole life insurance product, a universal life insurance product, a variable universal life insurance product, a fiduciary account, a trust account, or similar account;
(B) The securities of or issued by an investment company registered under
the federal Investment Company Act of 1940, a unit investment trust, a real estate investment trust, a commodity pool operator, a future commission merchant, or an introducing broker registered under the federal Commodity Exchange Act, a general or limited partnership, or a similar entity; and
(C) Property, including funds held in or payable from any pension or
retirement plan or deferred compensation plan, including a plan in which the debtor has received benefits or payments, has the present right to receive benefits or payments, or has the right to receive benefits or payments in the future and including a pension or plan that qualifies under the federal Employee Retirement Income Security Act of 1974 as an employee pension benefit plan as defined in 29 U.S.C. sec. 1002, any individual retirement account, as defined in 26 U.S.C. sec. 408, and any plan as defined in 26 U.S.C. sec. 410 and as these plans may be amended from time to time, or any similar plan under state or local law.
(b) Financial institution includes:
(I) A state or nationally chartered bank, bank and trust company, trust
company, savings and loan association, savings bank, or credit union;
(II) An investment company registered under the federal Investment
Company Act of 1940, a securities dealer, a commodity pool operator, a future commission merchant, or an introducing broker registered under the federal Commodity Exchange Act, or other legal entity engaged in the business of buying or selling securities;
(III) A benefit association, a life insurance company, a safe deposit company,
or a state repository of moneys held for individuals; and
(IV) Any similar entity doing business in this state.
(c) Financial record has the meaning given such term in section 1101 of the
federal Right to Financial Privacy Act of 1978, 12 U.S.C. sec. 3401.
Source: L. 97: Entire section added, p. 1304, � 43, effective July 1. L. 98: (2)
amended, p. 1414, � 82, effective February 1, 1999. L. 2000: (1), (2), (4), and (6) amended, p. 1713, � 10, effective July 1. L. 2004: (2) amended, p. 389, � 9, effective July 1. L. 2012: (1) and (2) amended, (SB 12-042), ch. 30, p. 121, � 2, effective March 19. L. 2013: (7)(b)(I) amended, (SB 13-154), ch. 282, p. 1488, � 70, effective July 1.
Cross references: For the legislative declaration contained in the 1997 act
enacting this section, see section 1 of chapter 236, Session Laws of Colorado 1997.
C.R.S. § 26-2-109
26-2-109. Right to own certain property. (1) No person otherwise qualified to receive public assistance shall be denied public assistance by reason of the fact that he is the owner of real estate occupied by him as a residence.
(2) No person otherwise qualified shall be denied public assistance by reason
of the fact that he is the owner of personal property which is exempt by the laws of Colorado from execution or attachment.
(3) (a) The state department, by its rules and regulations, may establish
limitations on the value of real and personal property and other resources, not included in subsections (1) and (2) of this section, which may be available to an applicant or recipient without affecting his eligibility for public assistance.
(b) For public assistance purposes, the value of residential or other real
property shall be equal to the actual value of the property, as determined by the county assessor pursuant to article 1 of title 39, C.R.S.
Source: L. 73: R&RE, p. 1183, � 2. C.R.S. 1963: � 119-3-9. L. 87: (3)(b)
amended, p. 1157, � 1, effective May 1.
C.R.S. § 26-2-1104
26-2-1104. Repeal. This part 11 is repealed, effective July 1, 2030.
Source: L. 2013: Entire part added, (HB 13-1004), ch. 357, p. 2103, � 1,
effective July 1. L. 2016: Entire section amended, (HB 16-1290), ch. 191, p. 678, � 2, effective August 10. L. 2018: Entire section amended, (HB 18-1334), ch. 190, p. 1271, � 2, effective August 8. L. 2023: Entire section amended, (SB 23-226), ch. 91, p. 344, � 3, effective August 7.
ARTICLE 3
Protective Services
26-3-101 to 26-3-114. (Repealed)
Source: L. 91: Entire article repealed, p. 1784, � 16, effective July 1.
Editor's note: This article was numbered as article 6 of chapter 119 in C.R.S.
- For amendments to this article prior to its repeal in 1991, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 3.1
Protective Services for Adults
at Risk of Mistreatment or Self-neglect
Editor's note: This article was added in 1983. This article was repealed and
reenacted in 1991, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1991, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following the relocated sections.
PART 1
PROTECTIVE SERVICES FOR AT-RISK ADULTS
26-3.1-101. Definitions. As used in this article 3.1, unless the context
otherwise requires:
(1) Abuse means any of the following acts or omissions committed against
an at-risk adult:
(a) The nonaccidental infliction of physical pain or injury, as demonstrated
by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue swelling, or suffocation;
(b) Confinement or restraint that is unreasonable under generally accepted
caretaking standards; or
(c) Unlawful sexual behavior as defined in section 16-22-102 (9).
(1.5) At-risk adult means an individual eighteen years of age or older who is
susceptible to mistreatment or self-neglect because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare, or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs.
(1.7) CAPS means the Colorado adult protective services data system that
includes records of reports of mistreatment of at-risk adults.
(1.8) CAPS check means a check of the Colorado adult protective services
data system pursuant to section 26-3.1-111.
(2) Caretaker means a person who:
(a) Is responsible for the care of an at-risk adult as a result of a legal
relationship; or
(b) Has assumed responsibility for the care of an at-risk adult; or
(c) Is paid to provide care, services, or oversight of services to an at-risk
adult.
(2.3) (a) Caretaker neglect means neglect that occurs when adequate food,
clothing, shelter, psychological care, physical care, medical care, habilitation, supervision, or other treatment necessary for the health or safety of the at-risk adult is not secured for an at-risk adult or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise, or a caretaker knowingly uses harassment, undue influence, or intimidation to create a hostile or fearful environment for an at-risk adult.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2.3),
the withholding, withdrawing, or refusing of any medication, any medical procedure or device, or any treatment, including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, artificial nutrition and hydration, any medication or medical procedure or device, in accordance with any valid medical directive or order, or as described in a palliative plan of care, is not deemed caretaker neglect.
(c) As used in this subsection (2.3), medical directive or order includes a
medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical order for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.
(2.5) Clergy member means a priest; rabbi; duly ordained, commissioned, or
licensed minister of a church; member of a religious order; or recognized leader of any religious body.
(3) County department means a county or district department of human or
social services.
(3.5) Direct care means services and supports, including case management
services, protective services, physical care, mental health services, or any other service necessary for the at-risk adult's health, safety, or welfare.
(4) Exploitation means an act or omission that:
(a) Uses deception, harassment, intimidation, or undue influence to
permanently or temporarily deprive an at-risk adult of the use, benefit, or possession of any thing of value; or
(b) Employs the services of a third party for the profit or advantage of the
person or another person to the detriment of the at-risk adult; or
(c) Forces, compels, coerces, or entices an at-risk adult to perform services
for the profit or advantage of the person or another person against the will of the at-risk adult; or
(d) Misuses the property of an at-risk adult in a manner that adversely
affects the at-risk adult's ability to receive health care or health-care benefits or to pay bills for basic needs or obligations.
(5) Financial institution means a state or federal bank, savings bank,
savings and loan association or company, building and loan association, trust company, or credit union.
(5.5) Harmful act means an act committed against an at-risk adult by a
person with a relationship to the at-risk adult when such act is not defined as abuse, caretaker neglect, or exploitation but causes harm to the health, safety, or welfare of an at-risk adult.
(6) Least restrictive intervention means acquiring or providing services,
including protective services, for the shortest duration and to the minimum extent necessary to remedy or prevent situations of actual mistreatment or self-neglect.
(7) Mistreatment means:
(a) Abuse;
(b) Caretaker neglect;
(c) Exploitation; or
(d) A harmful act.
(e) Repealed.
(8) Repealed.
(9) Protective services means services provided by the state or political
subdivisions or agencies thereof in order to prevent the mistreatment or self-neglect of an at-risk adult. Such services include, but are not limited to: Providing casework services and arranging for, coordinating, delivering, where appropriate, and monitoring services, including medical care for physical or mental health needs; protection from mistreatment and self-neglect; assistance with application for public benefits; referral to community service providers; and initiation of probate proceedings.
(10) Self-neglect means an act or failure to act whereby an at-risk adult
substantially endangers his or her health, safety, welfare, or life by not seeking or obtaining services necessary to meet his or her essential human needs. Choice of lifestyle or living arrangements shall not, by itself, be evidence of self-neglect. Refusal of medical treatment, medications, devices, or procedures by an adult or on behalf of an adult by a duly authorized surrogate medical decision maker or in accordance with a valid medical directive or order, or as described in a palliative plan of care, shall not be deemed self-neglect. Refusal of food and water in the context of a life-limiting illness shall not, by itself, be evidence of self-neglect. As used in this subsection (10), medical directive or order includes, but is not limited to, a medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical orders for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.
(11) Undue influence means the use of influence to take advantage of an at-risk adult's vulnerable state of mind, neediness, pain, or emotional distress.
Source: L. 91: Entire article R&RE, p. 1772, � 1, effective July 1. L. 2000: (4)(c)
amended, p. 1155, � 2, effective January 1, 2001. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 991, � 1, effective May 29. L. 2013: (2.3) and (2.5) added and (5) and (7)(b) amended, (SB 13-111), ch. 233, p. 1122, � 5, effective May 16. L. 2016: (1), (2), (2.3), (3), (4), and (7) amended and (1.5) and (11) added, (HB 16-1394), ch. 172, p. 555, � 9, effective July 1. L. 2017: IP amended and (1.7), (1.8), and (3.5) added, (HB 17-1284), ch. 272, p. 1496, � 1, effective May 31. L. 2020: (1)(c), (2)(a), IP(4), (4)(a), (4)(b), (6), (7)(c), (7)(d), and (9) amended, (5.5) added, and (7)(e) and (8) repealed, (HB 20-1302), ch. 265, p. 1268, � 1, effective September 14.
Editor's note: This section is similar to former � 26-3.1-101 as it existed prior
to 1991.
Cross references: For the legislative declaration in the 2013 act adding
subsections (2.3) and (2.5) and amending subsections (5) and (7)(b), see section 1 of chapter 233, Session Laws of Colorado 2013.
26-3.1-102. Reporting requirements. (1) (a) A person specified in subsection
(1)(b) of this section who observes the mistreatment or self-neglect of an at-risk adult or who has reasonable cause to believe that an at-risk adult has been mistreated or is self-neglecting or is at imminent risk of mistreatment or self-neglect is urged to report such fact to a county department not more than twenty-four hours after making the observation or discovery.
(a.5) As required by section 18-6.5-108, C.R.S., certain persons specified in
paragraph (b) of this subsection (1) who observe the mistreatment, as defined in section 18-6.5-102 (10.5), C.R.S., of an at-risk elder, as defined in section 18-6.5-102 (3), C.R.S., or an at-risk adult with IDD, as defined in section 18-6.5-102 (2.5), C.R.S., or who have reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment shall report such fact to a law enforcement agency not more than twenty-four hours after making the observation or discovery.
(b) The following persons, whether paid or unpaid, are urged to report as
described in subsection (1)(a) of this section:
(I) Any person providing health-care or health-care-related services
including general medical, surgical, or nursing services; medical, surgical, or nursing speciality services; dental services; vision services; pharmacy services; chiropractic services; or physical, occupational, musical, or other therapies;
(II) Hospital and long-term care facility personnel engaged in the admission,
care, or treatment of patients;
(III) First responders, including emergency medical service providers, fire
protection personnel, law enforcement officers, and persons employed by, contracting with, or volunteering with any law enforcement agency, including victim advocates;
(IV) Code enforcement officers;
(V) Medical examiners and coroners;
(VI) Veterinarians;
(VII) Psychologists, addiction counselors, professional counselors, marriage
and family therapists, and unlicensed psychotherapists, as those persons are defined in article 245 of title 12;
(VIII) Social workers, as defined in part 4 of article 245 of title 12;
(IX) Staff of case management agencies, as defined in section 25.5-6-1702;
(X) Staff, consultants, or independent contractors of service agencies, as
defined in section 25.5-10-202 (34), C.R.S.;
(XI) Staff or consultants for a licensed or unlicensed, certified or uncertified,
care facility, agency, home, or governing board, including but not limited to long-term care facilities, home care agencies, or home health providers;
(XII) Caretakers, staff members, employees of, or consultants for, a home
care placement agency, as defined in section 25-27.5-102 (5), C.R.S.;
(XIII) Persons performing case management or assistant services for at-risk
adults;
(XIV) Staff of county departments of human or social services;
(XV) Staff of the state departments of human services, public health and
environment, or health care policy and financing;
(XVI) Staff of senior congregate centers or senior research or outreach
organizations;
(XVII) Staff, and staff of contracted providers, of area agencies on aging,
except the long-term care ombudsmen;
(XVIII) Employees, contractors, and volunteers operating specialized
transportation services for at-risk adults;
(XIX) Landlords and staff of housing and housing authority agencies for at-risk adults;
(XX) Court-appointed guardians and conservators;
(XXI) Personnel at schools serving persons in preschool through twelfth
grade;
(XXII) Clergy members; except that the reporting requirement described in
paragraph (a) of this subsection (1) does not apply to a person who acquires reasonable cause to believe that an at-risk adult has been mistreated or has been exploited or is at imminent risk of mistreatment or exploitation during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication; and
(XXIII) Persons working in financial services industries, including banks,
savings and loan associations, credit unions, and other lending or financial institutions; accountants; mortgage brokers; life insurance agents; and financial planners.
(c) In addition to those persons urged by this subsection (1) to report known
or suspected mistreatment or self-neglect of an at-risk adult and circumstances or conditions that might reasonably result in mistreatment or self-neglect, any other person may report such known or suspected mistreatment or self-neglect and circumstances or conditions that might reasonably result in mistreatment or self-neglect of an at-risk adult to the local law enforcement agency or the county department. Upon receipt of such report, the receiving agency shall prepare a written report within twenty-four hours.
(2) Pursuant to subsection (1) of this section, the report must include:
(a) The name and address of the at-risk adult;
(b) The name and address of the at-risk adult's caretaker, if any;
(c) The age, if known, of the at-risk adult;
(d) The nature and extent of the at-risk adult's injury, if any;
(e) The nature and extent of the condition that will reasonably result in
mistreatment or self-neglect; and
(f) Any other pertinent information.
(3) A copy of the written report prepared by the county department in
accordance with subsections (1) and (2) of this section that includes an allegation of mistreatment must be forwarded within twenty-four hours after receipt of the report to a local law enforcement agency. A written report prepared by a local law enforcement agency must be forwarded within one business day of the receipt of the report to the county department.
(4) A person, including a person specified in subsection (1) of this section,
shall not knowingly make a false report of mistreatment or self-neglect to a county department or local law enforcement agency. Any person who willfully violates the provisions of this subsection (4) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, and shall be liable for damages proximately caused thereby.
(5) Any person, except a perpetrator, complicitor, or coconspirator, who
makes a report pursuant to this section shall be immune from any civil or criminal liability on account of such report, testimony, or participation in making such report, so long as such action was taken in good faith and not in reckless disregard of the truth or in violation of subsection (4) of this section.
(6) A person shall not take any discriminatory, disciplinary, or retaliatory
action against any person who, in good faith, makes a report or fails to make a report of suspected mistreatment or self-neglect of an at-risk adult.
(7) (a) Except as provided in subsection (7)(b) of this section, reports of the
mistreatment or self-neglect of an at-risk adult, including the name and address of any at-risk adult, member of said adult's family, or informant, or any other identifying information contained in such reports and subsequent cases resulting from the reports, is confidential and is not public information.
(b) Disclosure of a report of the mistreatment or self-neglect of an at-risk
adult and information relating to an investigation of such a report and subsequent cases resulting from the report is permitted only when authorized by a court for good cause. A court order is not required, and such disclosure is not prohibited, when:
(I) A criminal investigation into an allegation of mistreatment is being
conducted, when a review of death by a coroner is being conducted when the death is suspected to be related to mistreatment, or when a criminal complaint, information, or indictment is filed and the report and case information is relevant to the investigation, death review, complaint, or indictment;
(II) There is a death of a suspected at-risk adult from mistreatment or self-neglect and a law enforcement agency files a formal charge or a grand jury issues
an indictment in connection with the death;
(III) The disclosure is necessary for the coordination of multiple agencies'
joint investigation of a report or for the provision of protective services to an at-risk adult;
(IV) The disclosure is necessary for purposes of an audit of a county
department of human or social services pursuant to section 26-1-114.5;
(V) The disclosure is made for purposes of the appeals process relating to a
substantiated case of mistreatment of an at-risk adult pursuant to section 26-3.1-108 (2). The provisions of this subsection (7)(b)(V) are in addition to and not in lieu of other federal and state laws concerning protected or confidential information.
(VI) The disclosure is made by the state department to an employer, or to a
person or entity conducting employee screening on behalf of the employer, as part of a CAPS check pursuant to section 26-3.1-111 or by a county department pursuant to section 26-3.1-107.
(VII) The disclosure is made to the at-risk adult who is the subject of the
report, or if the at-risk adult is otherwise incompetent at the time of the request, to the guardian or guardian ad litem for the at-risk adult who is the subject of the report. The information disclosed pursuant to this subsection (7)(b)(VII) must not be disclosed until after the investigation is complete and must not include any identifying information related to the reporting party or any other appropriate persons. If the guardian is the substantiated perpetrator in a case of mistreatment of an at-risk adult, the disclosure must not be made without authorization by a court for good cause unless the disclosure is being made for the purposes of the guardian's appeal process described in subsection (7)(b)(V) of this section. If the court authorizes the release of information to a substantiated perpetrator, any protected or confidential information pursuant to federal or state law must not be disclosed.
(VIII) The disclosure is made to a county department that assesses or
provides protective services for children, when the information is necessary to adequately assess for safety and risk or to provide protective services for a child. The information disclosed pursuant to this subsection (7)(b)(VIII) is limited to information regarding prior or current referrals, assessments, investigations, or case information related to an at-risk adult or an alleged perpetrator. A county department that assesses or provides protective services for at-risk adults is similarly permitted to access information from a county department that assesses or provides protective services for children pursuant to section 19-1-307 (2)(x). The provisions of this subsection (7)(b)(VIII) are in addition to and not in lieu of other federal and state laws concerning protected or confidential information.
(IX) The disclosure is made to an employer required to request a CAPS check
pursuant to section 26-3.1-111 or to the state department agency that oversees the employer when the information is necessary to ensure the safety of other at-risk adults under the care of the employer. The information must be the minimum information necessary to ensure the safety of other at-risk adults under the care of the employer or oversight of the state department agency.
(X) The disclosure is made pursuant to section 26-3.1-111 (12) to a health
oversight agency, as defined in 42 CFR 164.501, within the department of regulatory agencies or a regulator, as defined in section 12-20-102 (14), within such a health oversight agency; and
(XI) The disclosure is made to the court pursuant to section 26-3.1-111 (3)(b)
and (8.5)(b).
(c) Any person who violates any provision of this subsection (7) commits a
civil infraction.
Source: L. 91: Entire article R&RE, p. 1774, � 1, effective July 1. L. 2004: (4)
amended, p. 275, � 1, effective July 1. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 994, � 1, effective May 29. L. 2013: (1)(a) and (1)(b) amended and (1)(a.5) added, (SB 13-111), ch. 233, p. 1123, � 6, effective May 16. L. 2014: (3) amended, (SB 14-098), ch. 103, p. 387, � 3, effective April 7. L. 2015: (7)(b)(II) and (7)(b)(III) amended and (7)(b)(IV) added, (HB 15-1370), ch. 324, p. 1326, � 5, effective June 5; (1)(a.5) amended, (SB 15-109), ch. 278, p. 1142, � 4, effective July 1, 2016. L. 2016: (1)(a), (1)(a.5), (1)(b), (1)(c), IP(2), (2)(e), (4), (6), (7)(a), IP(7)(b), and (7)(b)(II) amended, (HB 16-1394), ch. 172, p. 557, � 10, effective July 1. L. 2017: (7)(b) amended, (HB 17-1284), ch. 272, p. 1496, � 2, effective May 31. L. 2019: (7)(b)(III) and (7)(b)(V) amended and (7)(b)(VII) and (7)(b)(VIII) added, (HB 19-1063), ch. 46, p. 156, � 2, effective August 2; (7)(b)(VII) amended, (HB 19-1307), ch. 393, p. 3503, � 1, effective August 2; IP(1)(b), (1)(b)(VII), and (1)(b)(VIII) amended, (HB 19-1172), ch. 136, p. 1712, effective October 1. L. 2020: (1)(b)(VII) amended, (HB 20-1206), ch. 304, p. 1551, � 67, effective July 14; (1)(a), (1)(c), (3), (7)(a), IP(7)(b), and (7)(b)(I) amended and (7)(b)(IX) added, (HB 20-1302), ch. 265, p. 1269, � 2, effective September 14. L. 2021: (7)(b)(X) and (7)(b)(XI) added, (HB 21-1123), ch. 106, p. 423, � 1, effective September 7; (4) and (7)(c) amended, (SB 21-271), ch. 462, p. 3244, � 488, effective March 1, 2022; (1)(b)(IX) amended, (HB 21-1187), ch. 83, p. 346, � 51, effective July 1, 2024. L. 2023: (7)(b)(VII) amended, (SB 23-040), ch. 13, p. 39, � 2, effective January 1, 2024.
Editor's note: This section is similar to former � 26-3.1-104 as it existed prior
to 1991.
Cross references: (1) For the legislative declaration in the 2013 act
amending subsections (1)(a) and (1)(b) and adding subsection (1)(a.5), see section 1 of chapter 233, Session Laws of Colorado 2013.
(2) For the legislative declaration in HB 15-1370, see section 1 of chapter
324, Session Laws of Colorado 2015.
26-3.1-103. Evaluations - investigations - training - exception for counties
participating in alternative response program - rules. (1) The county department receiving a report of mistreatment or self-neglect of an at-risk adult shall immediately assess the reported level of risk. The immediate concern of the evaluation is the protection of the at-risk adult. The decision regarding the level of risk must, at a minimum, include a determination of a response time frame and whether the report meets the criteria for an investigation of the allegations, as set forth in state department rule. If a county department determines that an investigation is required, the county department is responsible for ensuring an investigation is conducted and arranging for the subsequent provision of protective services to be conducted by persons trained to conduct investigations and provide protective services.
(1.3) (a) Pursuant to state department rule, each employer as defined by
section 26-3.1-111 (7) shall provide, upon request of the county department, access to conduct an investigation into an allegation of mistreatment. Access must include the ability to request interviews with relevant persons and to obtain documents and other evidence and have access to:
(I) Patients who are the subject of the investigation into mistreatment of an
at-risk adult and patients who are relevant to an investigation into an allegation of mistreatment of an at-risk adult;
(II) Personnel, including paid employees, contractors, volunteers, and interns,
who are relevant to the investigation;
(III) Clients or residents who are the subject of the investigation into
mistreatment of an at-risk adult and clients or residents who are relevant to an investigation into an allegation of mistreatment of an at-risk adult;
(IV) Individual patient, resident, client, or consumer records, including
disclosure of health records or incident and investigative reports, care and behavioral plans, staff schedules and time sheets, and photos and other technological evidence; and
(V) The professional license number issued by the division of professions and
occupations in the department of regulatory agencies for a current or former employee who holds a health-care provider or health-care occupation license and who, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult during the employee's professional duties.
(b) The county department and its employees shall comply with applicable
federal laws related to the privacy of information when requesting or obtaining documents pursuant to this subsection (1.3).
(c) County department staff conducting an investigation pursuant to this
section have the right to enter the premises of any employer as defined by section 26-3.1-111 (7) as necessary to complete a thorough investigation. County department staff shall identify themselves and the purpose of the investigation to the person in charge of the entity at the time of entry.
(d) Attorneys at law providing legal assistance to individuals pursuant to a
contract with an area agency on aging, the staff of such attorneys at law, and the long-term care ombudsman are exempt from the requirements of this section.
(1.4) Upon request of the county department, any person who holds a health-care provider or health-care occupation license issued by the division of professions
and occupations in the department of regulatory agencies and, as a result of the investigation, is substantiated in a case of mistreatment of an at-risk adult while performing the person's professional duties shall provide the person's professional license number to the county department.
(1.5) The state department shall provide training to all current county
department adult protective services caseworkers and supervisors no later than July 1, 2018, and to new county department adult protective services caseworkers and supervisors hired after July 1, 2018, to achieve consistency in the performance of the following duties:
(a) Investigating reports of suspected mistreatment or self-neglect of at-risk
adults and making findings concerning cases and alleged perpetrators;
(b) Notifying a person who has been substantiated in a case of mistreatment
of an at-risk adult of the finding and of the person's right to appeal the finding to the state department;
(c) Assessing the client's strengths and needs and developing a plan for the
provision of protective services;
(d) Determining the appropriateness of case closure;
(e) Entering accurate and complete documentation of the report and
subsequent casework into CAPS; and
(f) Maintaining confidentiality in accordance with state law.
(2) Each county department, law enforcement agency, district attorney's
office, and other agency responsible under federal law or the laws of this state to investigate mistreatment or self-neglect of at-risk adults shall develop and implement cooperative agreements to coordinate the investigative duties of such agencies. The focus of such agreements is to ensure the best protection for at-risk adults. The agreements must provide for special requests by one agency for assistance from another agency and for joint investigations. The agreements must further provide that each agency maintain the confidentiality of the information exchanged pursuant to such joint investigations.
(3) Each county or contiguous group of counties in the state in which a
minimum number of reports of mistreatment or self-neglect of at-risk adults are annually filed shall establish an at-risk adult protection team. The state board shall promulgate rules to specify the minimum number of reports that will require the establishment of an adult at-risk protection team. The at-risk adult protection team shall review the processes used to report and investigate mistreatment or self-neglect of at-risk adults, review the provision of protective services for such adults, facilitate interagency cooperation, and provide community education on the mistreatment and self-neglect of at-risk adults. The director of each county department shall create or coordinate a protection team for the respective county in accordance with rules adopted by the state board of human services. The state board rules shall govern the establishment, composition, and duties of the team and must be consistent with this subsection (3).
(4) Repealed.
Source: L. 91: Entire article R&RE, p. 1776, � 1, effective July 1. L. 94: (3)
amended, p. 2704, � 265, effective July 1. L. 2007: (3) amended, p. 1014, � 1, effective May 22. L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 996, � 1, effective May 29. L. 2013: (4) repealed, (SB 13-111), ch. 233, p. 1127, � 15, effective May 16. L. 2016: (1), (2), and (3) amended, (HB 16-1394), ch. 172, p. 560, � 11, effective July 1. L. 2017: (1.5) added, (HB 17-1284), ch. 272, p. 1497, � 3, effective May 31. L. 2020: (1) amended and (1.3) added, (HB 20-1302), ch. 265, p. 1270, � 3, effective September 14. L. 2021: (1) amended, (SB 21-118), ch. 253, p. 1489, � 1, effective June 17; (1.3)(a)(III) and (1.3)(a)(IV) amended and (1.3)(a)(V) and (1.4) added, (HB 21-1123), ch. 106, p. 423, � 2, effective September 7.
Editor's note: Subsections (1), (2), and (3) were enacted as subsections (1)(a),
(1)(b), and (1)(c), respectively, by Senate Bill 91-84, Session Laws of Colorado 1991, chapter 288, section 1, but have been renumbered on revision for ease of location.
Cross references: For the legislative declaration contained in the 1994 act
amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2013 act repealing subsection (4), see section 1 of chapter 233, Session Laws of Colorado 2013.
26-3.1-103.3. Alternative response pilot program for the provision of
protective services for at-risk adults - creation - report - rules - repeal. (1) On or after January 1, 2022, the alternative response pilot program for the provision of protective services for at-risk adults, referred to in this section as the pilot, is created in the state department. The pilot allows a county department that is participating in the pilot, pursuant to this section and rules promulgated by the state department, to address, through a separate process from that set forth in section 26-3.1-103, any report, related to an at-risk adult, of mistreatment or self-neglect that was initially assessed by the county department to be low risk, as defined by rule.
(2) The state department shall select a maximum of fifteen county
departments to participate in the pilot. The state department is strongly encouraged to include county departments from throughout the state, including a diverse mix of urban, suburban, frontier, and rural.
(3) (a) If a participating county department receives a report, related to an
at-risk adult, of mistreatment or self-neglect, that was initially assessed by the county department to be low risk, as defined by rule of the state department, the participating county will not make a finding concerning the alleged mistreatment or self-neglect of the at-risk adult, nor is it required to complete unannounced initial in-person interviews.
(b) If, upon further investigation, the participating county department
determines that the risk level to the at-risk adult is, in fact, more than low risk, or when the participating county department cannot fully assess, through the pilot process, the health, safety, and welfare of the at-risk adult or other at-risk adults, the participating county department shall follow the procedures set forth in section 26-3.1-103.
(4) The state department shall provide initial training and ongoing technical
assistance to the participating county departments upon implementation of the pilot. The state department shall administer the pilot in accordance with the requirements of this section and any rules promulgated pursuant to this section.
(5) The state department shall promulgate rules for the implementation of
this section. The rules must include, at a minimum, a description of the risk levels and the parameters around unannounced in-person interviews.
(6) The state department is authorized to seek, accept, and expend gifts,
grants, or donations from private or public sources for the purposes of this section.
(7) (a) The state department shall contract with a third-party evaluator to
evaluate the pilot's success or failure, including a consideration of the pilot's effectiveness in achieving outcomes over a two-year period.
(b) As necessary to conduct the evaluation and complete the reports
required pursuant to this subsection (7), each participating county department shall submit to the state department a report concerning the participating county department's administration and utilization of the pilot. The report must include relevant data from the participating county as required by the state department to evaluate the pilot and to prepare its report to the general assembly pursuant to subsection (7)(c) of this section.
(c) In January 2025 and January 2026, the state department shall report on
the implementation and effect of the pilot to the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives, or any successor committees, as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act presentation required by section 2-7-203. The report must include, at a minimum:
(I) A description of any specific problems that the state department or any
participating county department encountered during the administration of the pilot, along with recommendations that the state department has for legislation to address such problems; and
(II) A recommendation by the state department regarding whether the
general assembly should repeal the pilot, continue the pilot for a specified time period, or establish the pilot statewide on a permanent basis.
(8) This section is repealed, effective July 1, 2027.
Source: L. 2021: Entire section added, (SB 21-118), ch. 253, p. 1489, � 2,
effective June 17.
26-3.1-104. Provision of protective services for at-risk adults - consent -
nonconsent - least restrictive intervention. (1) If a county director or his or her designee determines that an at-risk adult is being mistreated or self-neglected, or is at risk thereof, and the at-risk adult consents to protective services, the county director or designee shall immediately provide or arrange for the provision of protective services, which services shall be provided in accordance with the provisions of 28 CFR part 35, subpart B.
(2) If a county director or his or her designee determines that an at-risk adult
is being or has been mistreated or self-neglected, or is at risk thereof, and if the at-risk adult appears to lack capacity to make decisions and does not consent to the receipt of protective services, the county director is urged, if no other appropriate person is able or willing, to petition the court, pursuant to part 3 of article 14 of title 15, C.R.S., for an order authorizing the provision of specific protective services and for the appointment of a guardian, for an order authorizing the appointment of a conservator pursuant to part 4 of article 14 of title 15, C.R.S., or for a court order providing for any combination of these actions.
(3) Any protective services provided pursuant to this section shall include
only those services constituting the least restrictive intervention.
Source: L. 91: Entire article R&RE, p. 1777, � 1, effective July 1. L. 2012: Entire
part amended, (SB 12-078), ch. 226, p. 997, � 1, effective May 29. L. 2016: (1) and (2) amended, (HB 16-1394), ch. 172, p. 561, � 12, effective July 1.
Editor's note: This section is similar to former �� 26-3.1-102 and 26-3.1-103 as
they existed prior to 1991.
26-3.1-105. Prior consent form. (Repealed)
Source: L. 91: Entire article R&RE, p. 1777, � 1, effective July 1. L. 2012: Entire
part amended, (SB 12-078), ch. 226, p. 997, � 1, effective May 29. L. 2013: Entire section repealed, (SB 13-111), ch. 233, p. 1128, � 16, effective May 16.
Editor's note: This section was similar to former � 26-3.1-206 as it existed
prior to 2012.
Cross references: For the legislative declaration in the 2013 act repealing
this section, see section 1 of chapter 233, Session Laws of Colorado 2013.
26-3.1-106. Training. The general assembly strongly encourages training
that focuses on detecting circumstances or conditions that might reasonably result in mistreatment or self-neglect of an at-risk adult for those persons who are urged by section 26-3.1-102 (1) to report known or suspected mistreatment or self-neglect of an at-risk adult.
Source: L. 91: Entire article R&RE, p. 1777, � 1, effective July 1. L. 2012: Entire
part amended, (SB 12-078), ch. 226, p. 997, � 1, effective May 29. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 562, � 13, effective July 1.
Editor's note: This section is similar to former � 26-3.1-207 as it existed prior
to 2012.
26-3.1-107. Background check - adult protective services data system
check. (1) Each county department shall require each protective services employee hired on or after May 29, 2012, to complete a fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. The employee shall pay the cost of the fingerprint-based criminal history record check unless the county department chooses to pay the cost. Upon completion of the fingerprint-based criminal history record check, the Colorado bureau of investigation shall forward the results to the county department. The county department shall require a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), for an applicant or an employee when the results of a fingerprint-based criminal history record check performed pursuant to this section reveal a record of arrest without a disposition.
(2) For each adult protective services employee hired on or after January 1,
2019, each county department shall conduct a CAPS check to determine if the person is substantiated in a case of mistreatment of an at-risk adult. The county department shall conduct the CAPS check pursuant to state department rules.
Source: L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 998, � 1,
effective May 29. L. 2017: Entire section amended, (HB 17-1284), ch. 272, p. 1498, � 4, effective May 31. L. 2019: (1) amended, (HB 19-1166), ch. 125, p. 554, � 42, effective April 18. L. 2022: (1) amended, (HB 22-1270), ch. 114, p. 529, � 45, effective April 21.
26-3.1-108. Notice of report - appeals - rules. (1) The state department shall
promulgate appropriate rules for the implementation of this article 3.1.
(2) In addition to rules promulgated pursuant to subsection (1) of this section,
the state department shall promulgate rules to establish a process at the state level by which a person who is substantiated in a case of mistreatment of an at-risk adult may appeal the finding to the state department. At a minimum, the rules promulgated pursuant to this subsection (2) must address the following:
(a) The process by which a person who is substantiated in a case of
mistreatment of an at-risk adult receives adequate and timely written notice from the county department of that finding and of his or her right to appeal the finding to the state department;
(b) The effective date of the notification of finding and appeal process;
(c) A requirement for and procedures to facilitate the expungement of and
prevention of the release of any information contained in CAPS records for purposes of a CAPS check related to a person who is substantiated in a case of mistreatment of an at-risk adult that existed prior to July 1, 2018; except that the state department and county departments may maintain such information in CAPS to assist in future risk and safety assessments.
(d) The timeline and process for appealing the finding of a substantiated
case of mistreatment of an at-risk adult;
(e) Designation of the entity other than the county department with the
authority to accept and respond to an appeal by a person substantiated in a case of mistreatment of an at-risk adult at each stage of the appellate process;
(f) The legal standards involved in the appellate process and a designation of
the party who bears the burden of establishing that each standard is met;
(g) The confidentiality requirements of the appeals process; and
(h) The process to share information about an appeal, including the appeal
outcome with a health oversight agency, as defined in 42 CFR 164.501, within the department of regulatory agencies or a regulator, as defined in section 12-20-102 (14), within such a health oversight agency, if the health oversight agency or its regulator requests information about an appeal for the purpose of a regulatory investigation conducted pursuant to section 12-20-401. Appeal information shared pursuant to this subsection (2)(h) is confidential and must be used only for the regulatory investigation.
(3) Repealed.
Source: L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 998, � 1,
effective May 29. L. 2017: Entire section amended, (HB 17-1284), ch. 272, p. 1498, � 5, effective May 31. L. 2020: IP(2) and (2)(c) amended and (3) repealed, (HB 20-1302), ch. 265, p. 1271, � 4, effective September 14. L. 2021: (2)(f) and (2)(g) amended and (2)(h) added, (HB 21-1123), ch. 106, p. 424, � 3, effective September 7.
Editor's note: This section is similar to former � 26-3.1-105 as it existed prior
to 2012.
26-3.1-109. Limitation. Nothing in this article 3.1 means that a person is
mistreated or self-neglecting or in need of emergency or protective services for the sole reason that he or she is being furnished or relies upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of that person's recognized church or religious denomination, nor does anything in this article 3.1 authorize, permit, or require any medical care or treatment in contravention of the stated or implied objection of such a person.
Source: L. 2012: Entire part amended, (SB 12-078), ch. 226, p. 998, � 1,
effective May 29. L. 2020: Entire section amended, (HB 20-1302), ch. 265, p. 1272, � 5, effective September 14.
Editor's note: This section is similar to former � 26-3.1-106 as it existed prior
to 2012.
26-3.1-110. Report concerning the implementation of mandatory reporting
of elder abuse and exploitation - repeal. (Repealed)
Source: L. 2013: Entire section added, (SB 13-111), ch. 233, p. 1125, � 7,
effective May 16.
Editor's note: Subsection (3) provided for the repeal of this section, effective
January 1, 2017. (See L. 2013, p. 1125.)
26-3.1-111. Access to CAPS - employment checks - conservatorship and
guardianship checks - confidentiality - fees - rules - legislative declaration - definitions. (1) The general assembly finds and declares that individuals receiving care and services from persons employed in programs or facilities described in subsection (7) of this section or from persons appointed to be a conservator or guardian of an at-risk adult are vulnerable to mistreatment, including abuse, neglect, and exploitation. It is the intent of the general assembly to minimize the potential for employment of, or appointment as conservators or guardians, persons with a history of mistreatment of at-risk adults in positions that would allow those persons unsupervised access to these adults. As a result, the general assembly finds it necessary to strengthen protections for vulnerable adults by requiring certain employers and the courts to request a CAPS check by the state department to determine if a person who will provide direct care to an at-risk adult or who may be appointed as a conservator or guardian for an at-risk adult has been substantiated in a case of mistreatment of an at-risk adult. The general assembly also finds that it is necessary to require that certain employers cooperate with, and provide access to, county departments during county investigations of mistreatment of at-risk adults pursuant to section 26-3.1-103 (1.3).
(2) As used in this section, unless the context otherwise requires:
(a) Employee means a person, other than a volunteer, who is employed by
or contracted with an employer, and includes a prospective employee.
(b) Employer means a person, facility, entity, or agency described in
subsection (7) of this section and includes a prospective employer. Employer also includes a person hiring someone to provide consumer-directed attendant support services pursuant to article 10 of title 25.5, if the person requests a CAPS check.
(c) Staffing agency means an individual or organization, including any
partnership, limited liability partnership, limited liability company, limited liability limited partnership, association, trust, joint stock company, insurance company, or corporation, whether domestic or foreign, engaged in the business of providing and assigning workers to placements with employers described in subsection (7) of this section. Staffing agency includes, but is not limited to, supplemental health-care staffing agencies defined in section 8-4-125 (1)(e).
(3) (a) Employer CAPS checks. The state department shall establish and
implement a state-level program for employers to obtain a CAPS check to determine if a person who will provide direct care to an at-risk adult is substantiated in a case of mistreatment of an at-risk adult. The state department's program must be operational for an employer CAPS check on and after January 1, 2019.
(b) Conservatorship and guardianship CAPS checks. Beginning January 1,
2022, the state department shall provide the courts the results of a CAPS check, upon the court's request and using forms approved by the state department, to determine if a person who may be appointed as a conservator or guardian of an at-risk adult is substantiated in a case of mistreatment of an at-risk adult. This subsection (3)(b) does not apply to office of public guardianship employees required to undergo a CAPS check pursuant to section 13-94-105 and subsection (7)(j) of this section, or adult protective services employees required to undergo a CAPS check pursuant to section 26-3.1-107 (2).
(4) The state department shall not release information relating to any person
during a CAPS check unless the person is substantiated in a case of mistreatment of an at-risk adult.
(5) The state department shall promulgate rules for the implementation of
this section, which rules must include the following:
(a) The employer process for requesting a CAPS check for an employee who
has an active application for employment for a position in which the person will provide direct care to an at-risk
C.R.S. § 26-2-111
26-2-111. Eligibility for public assistance - rules. (1) No person shall be granted public assistance in the form of assistance payments under this article unless such person meets all of the following requirements:
(a) The person is a resident of the state of Colorado or, if a dependent child,
the parent or other relatives with whom said child is living is a resident of the state of Colorado or the person is a legal immigrant who would be otherwise eligible in all respects except for citizenship;
(b) The person has insufficient income, property, or other resources to meet
his or her needs as determined pursuant to rules and regulations of the state department; except that resource eligibility for the program of aid to the needy disabled shall be as specified in paragraph (d) of subsection (4) of this section, resource eligibility for the program of aid to the blind shall be as specified in subparagraph (III) of paragraph (a) of subsection (5) of this section, and resource eligibility requirements for the old age pension program shall be as specified in paragraph (a) of subsection (2) of this section;
(c) (I) The person has not made a voluntary assignment or transfer of
property without fair and valuable consideration for the purpose of rendering himself or herself eligible for public assistance under this article at any time within thirty-six months immediately prior to the filing of application for such assistance pursuant to the provisions of this article; or, in the case of a person already receiving public assistance under this article, the person has not made any such transfer during the time the person has been receiving such public assistance; but, if any such assignment or transfer is made during such thirty-six month period or during such time that public assistance is being received, there is a rebuttable presumption that the assignment or transfer was made for such purpose; but, within such period of time, a person may assign or transfer the ownership of real property owned and used as a residence by such person if:
(A) The transfer or assignment is made for reasons other than to become or
remain eligible for public assistance under this article;
(B) The primary purpose of the transfer or assignment is not to acquire
moneys or profit but is for some other legitimate reason such as estate planning.
(II) Nothing in this paragraph (c) shall be construed to prohibit a person from
selling, transferring, or assigning his or her real estate in a bona fide transaction for good and valuable consideration.
(d) The person is not an inmate of a public institution, except as a patient in a
public medical institution, or is not a patient in any institution for tuberculosis or mental diseases, or is not a patient in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis; but the provisions of this paragraph (d) shall not be applicable to or in any way affect the class of old age pension recipients provided for in subsection (2)(a)(III) of this section.
(2) Old age pension. (a) Except as provided in paragraphs (c) and (d) of this
subsection (2), public assistance in the form of the old age pension shall be granted to any person who meets the requirements of subsection (1) of this section and any one of the following requirements:
(I) The person is a United States citizen or a qualified alien, has attained the
age of sixty years or more, and meets the resource eligibility requirements of the federal supplemental security income program; or
(II) Repealed.
(III) The person is an inmate of an institution, not penal in character,
maintained by the state or by a municipality therein or county thereof, and the person has attained the age of sixty years or more. The period of confinement as a patient in such institution shall be considered as residence in the state of Colorado.
(b) An applicant or recipient of the old age pension who is otherwise
qualified shall not be denied the old age pension by reason of the fact that relatives may be financially able to contribute to his or her support and maintenance; except that income and resources of the spouse of an applicant or recipient of the old age pension or of a sponsor of an applicant or recipient of the old age pension who is a qualified alien shall be considered in determining eligibility pursuant to rules of the state department.
(c) (I) Except as otherwise provided in subparagraphs (II) and (III) of this
paragraph (c), a qualified alien shall not be granted the old age pension under the provisions of this subsection (2) unless it is shown that:
(A) (Deleted by amendment, L. 2010, (HB 10-1384), ch. 218, p. 954, � 4,
effective January 1, 2014.)
(B) The qualified alien meets the requirements specified in section 26-2-111.8
(2)(a) relating to entry into the United States prior to August 22, 1996, or the requirements specified in section 26-2-111.8 (2)(b) regarding the five-year bar on receipt of benefits; and
(C) The qualified alien meets the requirements specified in section 26-2-111.8
(2)(c) regarding the deeming of sponsor income and resources.
(II) The requirements in subparagraph (I) of this paragraph (c) do not apply to
a qualified alien who meets the eligibility criteria for the old age pension in paragraph (a) of this subsection (2) if it is determined pursuant to rules of the state department that:
(A) The qualified alien has been abandoned by or is a victim of mistreatment
by his or her sponsor or is an abused spouse and would incur a significant financial hardship; or
(B) The qualified alien who does not have a sponsor would have insufficient
income to support himself or herself or would otherwise incur a significant financial hardship; or
(C) The person who sponsored the qualified alien's entry into the United
States and who satisfied sponsorship financial requirements at the time of initial sponsorship now has insufficient income and resources to meet the needs of the qualified alien.
(III) The requirements in subparagraph (I) of this paragraph (c) do not apply
to a qualified alien who meets the eligibility criteria for the old age pension in paragraph (a) of this subsection (2) and who is also eligible for federal financial benefits pursuant to Title XVI of the federal Social Security Act.
(d) (I) A person who is a member of a household that is receiving public
assistance under the Colorado works program pursuant to part 7 of this article shall not be eligible to receive public assistance pursuant to this subsection (2).
(II) (Deleted by amendment, L. 2010, (HB 10-1043), ch. 92, p. 315, � 8,
effective April 15, 2010.)
(3) Colorado works program. (a) By signing an application for the works
program created in part 7 of this article, a person assigns, by operation of law, to the state department all rights the applicant may have to support from any other person on his or her own behalf or on behalf of any other family member for whom application is made. For the purposes of this subsection (3), the assignment:
(I) Is effective for current support due and owing during the period of time
the person is receiving public assistance under the works program;
(II) Takes effect upon a determination that the applicant is eligible for the
works program; and
(III) Shall remain in effect with respect to any unpaid support that accrues
under the assignment, up to the amount of the cost of assistance provided.
(IV) (Deleted by amendment, L. 2009, (SB 09-053), ch. 137, p. 594, � 1,
effective October 1, 2009.)
(a.5) Notwithstanding any provision of this subsection (3), and except as
provided in section 26-2-108 (1)(b)(II), effective January 1, 2017, the state department shall pay to the recipient the current child support collected pursuant to the assignment. The state department shall disregard the amount of child support paid to the recipient pursuant to this paragraph (a.5) in calculating the amount of the recipient's basic cash assistance grant pursuant to part 7 of this article. However, such payments, with applicable disregards, shall be considered income for purposes of determining eligibility.
(b) The application shall contain a statement explaining this assignment and
the payment to the recipient of child support pursuant to paragraph (a.5) of this subsection (3).
(c) Notwithstanding any provision of paragraph (a) of this subsection (3),
assignments made prior to October 1, 2009, may include support arrearages that accrued prior to the date the applicant is determined to be eligible for the works program.
(3.5) (a) Repealed.
(b) (Deleted by amendment, L. 97, p. 1232, � 19, effective July 1, 1997.)
(4) Aid to the needy disabled. Public assistance in the form of aid to the
needy disabled must be granted to any person who meets the requirements of subsection (1) of this section and all of the following requirements:
(a) He or she has a total disability, as defined by section 26-2-103 (14) and
the rules and regulations of the state department, that has lasted or can be expected to last for a period of six months or more or he or she is determined to be disabled and eligible for social security disability insurance benefits under Title II of the social security act.
(b) He or she is eighteen years of age or older.
(b.5) (I) He or she has applied for supplemental security income benefits and
complied with any recommendations for referrals made by the county department except for good cause shown.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (b.5)
to the contrary, the state department may promulgate rules allowing a county to waive the requirement that a person apply for supplemental security income benefits prior to receiving aid to the needy disabled under such conditions and for such period of time as the state department deems appropriate to ensure that a person has the opportunity to submit a thorough and complete supplemental security income benefits application.
(c) (I) The person is not a member of a household receiving public assistance
under the aid to families with dependent children program set forth in this article. For the purposes of this paragraph (c), household has the same meaning as assistance unit as used in 45 CFR 205.40 (a)(1), as amended.
(II) (A) The provisions of subparagraph (I) of this paragraph (c)
notwithstanding, on and after January 1, 1992, a supplemental payment funded by state and county funds shall be paid to households that have received public assistance payments for the month of December 1991, under both the aid to families with dependent children program set forth in this article and the aid to the needy disabled program set forth in this subsection (4). The supplemental payment shall be in an amount as will maintain the household's total income at the same level as in December 1991.
(B) The supplemental payment shall be paid only if the household remains
continuously eligible to receive public assistance under both the aid to families with dependent children program set forth in this article and the aid to the needy disabled program set forth in this subsection (4).
(d) He or she meets the resource eligibility requirements of the federal
supplemental security income program.
(e) If the applicant is disabled as a result of a primary diagnosis of a
substance use disorder, the applicant, as conditions of eligibility, is required to:
(I) Participate in treatment services approved by the behavioral health
administration in the state department; and
(II) Demonstrate on a periodic and random basis that he or she remains free
of the use of alcohol or any nonprescribed controlled substance on a form verified by the treatment program. Any person whose random test results are positive two times in any three-month period shall be denied eligibility.
(f) A person who is disabled as a result of a primary diagnosis of an alcohol
or substance use disorder is not eligible for aid to the needy disabled based upon that primary diagnosis if the person has received aid to the needy disabled based upon such diagnosis for any cumulative twelve-month period in the person's lifetime.
(5) Aid to the blind. (a) For the purpose of providing public assistance to
those not receiving federal financial benefits pursuant to Title XVI of the social security act, public assistance in the form of aid to the blind shall be granted to any person who meets the requirements of subsection (1) of this section and who:
(I) Is blind as defined by section 26-2-103 (3) or is determined to be blind and
eligible for social security disability insurance benefits under Title II of the social security act; except that any person who is a member of a household that is receiving public assistance under the aid to families with dependent children program set forth in this article shall not be eligible to receive public assistance pursuant to this subsection (5);
(II) Has applied for supplemental security income benefits and complied with
any recommendations for referrals made by the county department except for good cause shown; and
(III) Meets the resource eligibility requirements of the federal supplemental
security program.
(b) For the purposes of this subsection (5), household has the same
meaning as assistance unit as used in 45 CFR 205.40 (b)(1), as amended.
(6) The provisions of section 26-2-111.8 shall apply in addition to the
provisions of this section in determining the eligibility for public assistance of persons who are not citizens of the United States.
Source: L. 73: R&RE, p. 1183, � 2. C.R.S. 1963: � 119-3-11. L. 75: (4)(a)
amended, p. 889, � 6, effective July 28. L. 76: (2)(b) amended, p. 309, � 51, effective May 20. L. 77: IP(1)(c), (4)(a), and (5) amended, p. 1344, � 4, effective May 26; (3)(c) to (3)(e) R&RE and (3)(f) repealed, pp. 1339, 1341, �� 3, 5, effective July 1. L. 82: (3)(g) added, p. 281, � 6, effective April 2; (3)(b) amended, p. 426, � 2, effective July 1. L. 83: (2)(a)(I) and (2)(a)(III) amended and (2)(a)(II) repealed, p. 1119, �� 1, 2, effective May 10. L. 88: (2)(c) added, p. 1053, � 2, effective April 16. L. 89, 1st Ex. Sess.: (3)(c) to (3)(e) amended and (3.5) added, p. 39, � 5, effective July 25. L. 90: (3)(h) added, p. 1358, � 2, effective October 1. L. 91: (3)(d) and (3)(e) repealed, p. 1861, � 3, effective July 1. L. 91, 2nd Ex. Sess.: IP(2)(a), (4), and (5) amended and (2)(d) added, pp. 92-94, �� 1-3, effective January 1, 1992. L. 92: (3)(h) amended, p. 2143, � 1, effective July 1. L. 96: IP(1), (1)(b), (4), and (5) amended, p. 832, � 1, effective May 23; (4)(e) and (4)(f) added, p. 993, � 3, effective May 23; (1) and (2)(a) amended, p. 1297, � 1, effective June 1. L. 97: (1)(a) amended and (6) added, p. 1252, � 2, effective July 1; (3) and (3.5)(b) amended, p. 1232, � 19, effective July 1; (3)(a) amended, p. 1287, � 32, effective July 1. L. 2004: (3)(a)(III) amended, p. 387, � 4, effective July 1. L. 2006: (4)(a) amended, p. 1505, � 49, effective June 1. L. 2009: (3)(a) amended and (3)(c) added, (SB 09-053), ch. 137, p. 594, � 1, effective October 1. L. 2010: (2)(d) amended, (HB 10-1043), ch. 92, p. 315, � 8, effective April 15; (2)(a) and (2)(c) amended, (HB 10-1384), ch. 218, p. 951, � 1, effective July 1; (2)(b) and (2)(c) amended, (HB 10-1384), ch. 218, p. 954, �� 3, 4, effective January 1, 2014. L. 2011: (4)(e)(I) amended, (HB 11-1303), ch. 264, p. 1169, � 72, effective August 10. L. 2014: (4)(b.5) amended, (SB 14-012), ch. 248, p. 959, � 2, effective August 6. L. 2015: (3)(a.5) added and (3)(b) amended, (SB 15-012), ch. 282, p. 1154, � 2, effective August 5. L. 2017: IP(4)(e) and (4)(e)(I) amended, (SB 17-242), ch. 263, p. 1333, � 219, effective May 25. L. 2018: IP(4) and (4)(f) amended, (SB 18-091), ch. 35, p. 389, � 33, effective August 8. L. 2022: IP(4)(e) and (4)(e)(I) amended, (HB 22-1278), ch. 222, p. 1518, � 84, effective July 1.
Editor's note: (1) Subsection (3)(c)(II) provided for the repeal of subsection
(3)(c), effective January 1, 1990. (See L. 89, 1st Ex. Sess., p. 39.)
(2) Subsection (3.5)(a)(II) provided for the repeal of subsection (3.5)(a),
effective October 1, 1992. (See L. 89, 1st Ex. Sess., p. 39.)
(3) Amendments to subsection (1) by House Bill 96-1233 and House Bill 96-1253 were harmonized.
(4) Subsection (4)(e) and (4)(f) were enacted as subsection (4)(d) and (4)(e),
respectively, by Senate Bill 96-164, but have been renumbered on revision for ease of location and were harmonized with House Bill 96-1253.
(5) Section 7 of chapter 218, Session Laws of Colorado 2010, provides that
amendments to subsections (2)(b) and (2)(c) in sections 3 and 4 of House Bill 10-1384 are effective upon the earlier of January 1, 2014, or the date upon which the revisor of statutes receives certain notification from the executive director of the department of health care policy and financing. The revisor of statutes did not receive the notification; therefore, the amendments to subsection (2)(b) and (2)(c) by � 3 of chapter 218 took effect January 1, 2014.
Cross references: For the legislative declaration contained in the 1997 act
amending subsection (3)(a), see section 1 of chapter 236, Session Laws of Colorado 1997. For the legislative declaration in SB 14-012, see section 1 of chapter 248, Session Laws of Colorado 2014. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.
C.R.S. § 26-2-114
26-2-114. Amount of assistance payments - old age pension. (1) The basic minimum award payable to those persons qualified to receive an old age pension shall be one hundred dollars monthly; but the state board may adjust the said basic minimum award above one hundred dollars if, in its discretion, living costs have changed sufficiently to justify such adjustment.
(2) (a) and (a.5) Repealed.
(b) (I) The amount of net income from whatever source, either in cash or in
kind, which any person qualified for an old age pension may receive shall be deducted from the amount of monthly pension which such person would otherwise receive. The rules and regulations of the state department may require an applicant or recipient who may be eligible for benefits under another federal or state program or who may have a right to receive or recover other income or resources to take reasonable steps to apply for, otherwise pursue, and accept such benefits, income, or resources.
(II) In computing said net income, the county department shall not consider
the ownership of real estate occupied as a residence by the recipient as income. In addition, in computing said net income, the county department shall not consider as income funds received by or on behalf of the recipient from the federal government for rent supplementation or relocation payments or income earned by the recipient up to the maximum extent allowed by Title I, section 2, of the social security act.
(III) Whenever the United States congress shall provide by law for a
retroactive increase in monthly benefits under the old age, survivors, and disability provisions of the social security act, or for a retroactive increase in monthly benefits under the railroad retirement act, and the amount of such retroactive increase in monthly benefits shall be subsequently paid to an old age pension recipient in a lump sum, then the amount of such lump sum payment shall not be considered as income and shall not be deducted from the amount of monthly pension otherwise payable to such recipient for the month in which such lump sum payment is received.
(IV) Any special payment by the federal government in the form of a one-time-only credit against or refund of federal income taxes shall not be considered
as income for purposes of this title unless required by federal law.
Source: L. 73: R&RE, p. 1188, � 2. C.R.S. 1963: � 119-3-14. L. 75: (2)(b)(I)
amended, p. 889, � 7, effective July 28. L. 77: (2)(b)(IV) added, p. 1346, � 1, effective May 26. L. 78: (2)(a) R&RE, p. 436, � 1, effective May 4. L. 79: (2)(a.5) added, p. 1439, � 24, effective July 3. L. 83: (2)(a) amended, p. 1130, � 6, effective June 3; (2)(a.5) amended, p. 2101, � 17, effective October 13. L. 87: (2)(a.5) repealed, p. 1159, � 1, effective July 1. L. 91: (2)(a) amended, p. 1857, � 16, effective April 11; (2)(a) amended, p. 1897, � 9, effective July 1. L. 91, 2nd Ex. Sess.: (2)(a) amended, p. 81, � 2, effective October 16. L. 93: (2)(a)(II)(B) repealed, p. 333, � 2, effective April 12; (2)(a)(I) and (2)(a)(II)(A) amended, p. 1147, � 87, effective July 1, 1994. L. 94: (2)(a) amended, p. 1561, � 9, effective July 1; (2)(a)(I) and (2)(a)(II)(A) amended, p. 2625, � 47, effective July 1. L. 2006: (2)(a) amended, p. 1994, � 22, effective July 1. L. 2010: (2)(a)(I) and (2)(a)(II)(A) repealed, (HB 10-1146), ch. 281, p. 1302, � 1, effective January 1, 2011.
Editor's note: Amendments to subsection (2)(a) by Senate Bill 91-105 and
House Bill 91-1287 were harmonized. Amendments to subsection (2)(a) by House Bill 94-1029 and Senate Bill 94-133 were harmonized.
Cross references: For the legislative declaration contained in the 1993 act
amending subsection (2)(a)(I) and (2)(a)(II)(A), see section 1 of chapter 230, Session Laws of Colorado 1993; for the legislative declaration contained in the 1994 act amending subsection (2)(a)(I) and (2)(a)(II)(A), see section 1 of chapter 345, Session Laws of Colorado 1994.
C.R.S. § 28-3-106
28-3-106. Powers and duties of adjutant general. (1) The adjutant general has the following powers and duties:
(a) The adjutant general shall be the chief of staff to the commander in chief
and the administrative head of the department of military and veterans affairs. Whenever any law of this state refers to the military department, said law shall be construed as referring to the department of military and veterans affairs.
(b) He or she shall have custody of all military records, correspondence, and
other military documents. He or she shall be the medium of military correspondence with the governor and perform all other duties pertaining to his or her office prescribed by law.
(c) The adjutant general shall prepare and transmit annually, in the form and
manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, C.R.S., a report accounting to the governor and the state, veterans, and military affairs committees of the house of representatives and the senate for the efficient discharge of all responsibilities assigned by law or directive to the adjutant general.
(d) He or she shall make and transmit to the federal government such
reports and returns as are required by the laws of the United States.
(e) He or she shall, when necessary and pursuant to the provisions of section
24-1-136, C.R.S., cause the military code, orders, and regulations of the state to be reproduced and distributed to the commissioned officers and the several organizations of the National Guard.
(f) He or she shall cause to be prepared and issued all necessary books,
blanks, and notices required to carry into full effect the provisions of the military code. All such books and blanks are the property of the state.
(g) The seal of office of the adjutant general shall contain the coat of arms of
the state with the words added thereto State of Colorado, Adjutant General's Office, and said seal shall be delivered by him or her to his or her successor. All orders issued from his or her office shall be authenticated with said seal. The adjutant general shall attest to all commissions issued to officers of the military forces.
(h) He or she shall superintend the preparation of all returns and reports
required by the United States from the state on military matters.
(i) In the absence of the adjutant general or temporary inability to perform
his or her duties as adjutant general, he or she shall appoint, with the consent of the governor, an officer of the National Guard to perform the duties prescribed for the adjutant general. Should the adjutant general be absent or unable to perform his or her duties for a period of six months or more, it shall be considered cause to justify his or her removal. Removal under this paragraph (i) shall be at the sole discretion of the governor.
(j) He or she shall prescribe such regulations not inconsistent with law as will
increase the discipline and efficiency and will preserve and protect the property of the military forces of the state of Colorado. These regulations, as prepared by the adjutant general and approved by the governor, shall be published in orders, and the governor, when in his or her judgment it is necessary, may order the adjutant general to revise and amend these regulations. The regulations required by this paragraph (j) need not comply with the provisions of article 4 of title 24, C.R.S.
(k) He or she shall submit a budget respecting the military forces for the
ensuing fiscal year for the approval of the controller, and the total of the budget for such period of time shall not be exceeded.
(l) He or she shall keep the papers, volumes, and records of the department
in an office provided by the state and shall keep such accounts of activities and expenditures as are necessary and required.
(m) He or she shall attend to the safekeeping and repairing of the ordnance,
arms, accouterments, equipment, and all other military property belonging to the state or issued to it by the United States. All military property of the state which, after proper inspection, is found unsuitable for the use of the state, under the direction of the governor, shall be disposed of by the adjutant general at public auction or by inviting bids after suitable advertisement of the sale daily for ten days in at least one newspaper published in the city or county where the sale is to take place; or the same may be sold at private sale when so ordered by the governor or, with the approval of the governor, may be turned over to any other department, board, or commission of the state government by which it can be used. Such department, board, or commission of the state government shall reimburse the military fund for the reasonable value of the property so received. He or she shall bid on the property or suspend the sale when in his or her opinion better prices may or should be obtained. He or she shall from time to time render to the governor a just and true account of the sales made by him or her and shall deposit the proceeds of the same in the military fund.
(n) He or she shall not issue or cause to be issued military property to
persons or organizations other than those belonging to the National Guard, except in cases of emergency and then only on written approval of the governor.
(o) All purchases, with the exception of emergency purchases, shall be made
through the executive director of the department of personnel in the manner provided by law. All property purchased under the authority granted shall be inspected by an inspector or an officer detailed for that purpose by the adjutant general, and no payment shall be made therefor until it appears by the certificate of such officer that such property is of the kind and quality specified in such agreement or contract. In case of emergency, the governor may suspend the operation of this paragraph (o) and direct the adjutant general in writing to purchase such military property as may be required in the open market. The governor shall report such actions with the reasons therefor and statement of the property purchased and the prices paid therefor to the general assembly at its next session. All payments shall be made by voucher drawn upon the military fund of the state upon such form as may be provided by the controller of the state of Colorado. Each voucher shall show the attestation of the adjutant general that it is within the budget as approved by the governor.
(p) He or she shall employ such clerks, laborers, and other force as may be
required for his or her office, other departments, armories, and properties of the National Guard, and, in all cases of employment under this provision, a preference shall be extended to members of the National Guard. The pay of such clerks and other force shall be determined and fixed by the adjutant general with the approval of the governor and consistent with the pay for equivalent positions under the state personnel system. In case of emergency or when authorized by the governor, he or she may employ such additional temporary assistants as are necessary, to be paid from the amounts appropriated for the maintenance of the military forces.
(q) The adjutant general shall have charge of the campgrounds and military
reservations of the state and shall be responsible for the protection and safety thereof, and the adjutant general shall promulgate regulations for the maintenance of order thereon, for the enforcement of traffic rules, and for all other lawful regulations as may be ordered for the operation, care, and preservation of existing facilities and installations on all state military reservations. The adjutant general shall keep in repair all state buildings and other improvements thereon and may make such sound improvements thereon as the good of the service requires. Subject to appropriation by the general assembly, the adjutant general may disburse state money, including, but not limited to, money in the real estate cash fund and the capital construction fund, in accordance with this section.
(r) The adjutant general, by and with the advice and approval of the governor,
is authorized to rent, hire, purchase, take the conveyance of, and hold in trust for the use of the state of Colorado such buildings, lands, tenements, and appurtenances thereof as may be from time to time deemed necessary for use by the National Guard. All titles shall be taken in the name of the governor of the state of Colorado for the use of the National Guard. Any purchase of such buildings or other real property or any capital construction performed on real property purchased or held by the state of Colorado for the use of the National Guard is subject to the provisions of part 13 of article 3 of title 2 concerning capital development. Prior to acquiring any real property pursuant to the provisions of this subsection (1)(r), the adjutant general shall submit a report to the capital development committee which describes the anticipated use of such real property, the maintenance costs related to such real property, the current value of such real property, any conditions or limitations which may restrict the use of such real property, and any potential liability to the state which could result from acquiring such real property. The capital development committee shall review any such report which is submitted to the capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property acquisition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property acquisition without considering any recommendations of the capital development committee which are provided within such thirty-day period. Subject to appropriation by the general assembly, the adjutant general may disburse state money, including, but not limited to, money in the real estate cash fund and the capital construction fund, in accordance with this section.
(s) (I) If, in the judgment of the adjutant general, any real estate that has
been acquired for military purposes is unsuitable for military purposes, the adjutant general, by and with the approval of the governor, in writing, has authority to sell, trade, or otherwise dispose of such real estate, but, except as otherwise provided by subsection (1)(s)(II) of this section, such real estate shall not be disposed of for less than its appraised value. The appraised value of such real estate shall be determined by an appraiser who is licensed or certificated pursuant to part 6 of article 10 of title 12 and who is selected by the adjutant general from a list of three qualified individuals submitted to the adjutant general by the department. Appraisers shall be selected for the list, and their fees shall be negotiated in accordance with the standards established by part 14 of article 30 of title 24. The adjutant general, by and with the advice and approval of the governor, is authorized to lease any property belonging to the department when it is not needed for the immediate use of the department. All conveyances that are required for the purpose of this section shall be executed by the governor under the seal of the state, and the proceeds of all sales, trades, or other disposition shall be placed in an account to be invested by the state treasurer as provided in section 24-36-113. Any interest earned on the investment or deposit of such proceeds shall remain in such account and shall not be credited to the general fund or any other fund of the state. Said proceeds and any interest thereon shall be disbursed by authority of the adjutant general, subject to appropriation by the general assembly, only for the construction, repair, improvement, acquisition, or costs of acquisition or sale of armories throughout the state. Costs of acquisition or sale shall include but need not be limited to appraisals, site surveys, environmental surveys, title work, property inspections, closing costs, legal fees, real estate fees, site preparation, or utility studies. Prior to disposing of any real property pursuant to the provisions of this subsection (1)(s), the adjutant general shall submit a report to the capital development committee that describes such real property, the maintenance costs related to such real property, the current value of such real property, any conditions or limitations that may restrict the use of such real property, and the terms of the proposed disposition of such real property. The capital development committee shall review any such report that is submitted to the capital development committee and shall provide recommendations to the adjutant general concerning the proposed real property disposition within thirty days after the date of receipt of such report. The adjutant general shall not complete any such real property disposition without considering any recommendations of the capital development committee that are provided within such thirty-day period.
(II) The adjutant general may dispose of real estate acquired but unsuitable
for military purposes for less than its appraised value when the disposition is to an agency of state government. The adjutant general shall not be required to have an appraisal performed in order to complete such disposition. In the event an offer has been made to purchase such real estate for more than its appraised value, prior to any disposition the adjutant general shall give due consideration to the terms of the offer and to any cost savings to the state which would result from a transfer of such real estate to a state agency.
(III) Notwithstanding subsection (1)(s)(I) of this section, on July 1, 2020, the
state treasurer shall transfer four million nine hundred eight thousand three hundred ninety-five dollars from the account specified in subsection (1)(s)(I) of this section to the general fund.
(IV) On April 1, 2023, the state treasurer shall transfer four million nine
hundred eight thousand three hundred ninety-five dollars from the general fund to the account specified in subsection (1)(s)(I) of this section.
(t) Repealed.
(u) He or she shall prescribe the rules and regulations described in section
23-7.4-302 (7).
(v) The adjutant general shall ensure that the department complies with the
requirements of section 24-1-136.5, C.R.S., concerning the preparation of operational master plans, facilities master plans, and facilities program plans for the department.
(w) Repealed.
(x) The adjutant general is authorized to accept gifts, grants, or donations of
any kind from any private source or from any governmental unit in order to carry out the functions and duties set forth in this title subject to the conditions upon which the gifts, grants, or donations are made; except that no gift, grant, or donation shall be accepted if the conditions attached thereto require the use or expenditure thereof in a manner contrary to law or require expenditures from the general fund unless such expenditures are approved by the general assembly.
(y) The adjutant general may make available for public or private use any
distance learning audio and video facilities located within the state. Such public or private use shall be subject to reasonable fees for the costs, including repair, replacement, and salaries involved in the use of the facilities, as well as maintenance and operation of the facilities and equipment.
Source: L. 55: p. 610, � 6. CRS 53: � 94-9-6. C.R.S. 1963: � 94-1-6. L. 64: p.
157, � 104. L. 67: p. 78, � 1. L. 68: p. 136, � 168. L. 81: (1)(o) amended, p. 1296, � 37, effective January 1, 1982. L. 83: (1)(c) and (1)(e) amended, p. 840, � 64, effective July 1. L. 86: (1)(s) amended and (1)(t) repealed, pp. 1014, 1018, ��1, 18, effective May 3. L. 91: (1)(r) amended, p. 1375, � 1, effective April 1; (1)(u) added, p. 549, � 3, effective May 18. L. 94: (1)(s) amended, p. 24, � 1, effective March 2; (1)(v) added, p. 566, � 15, effective April 6; (1)(s) amended, p. 1617, � 1, effective May 31. L. 96: (1)(o) amended, p. 1542, � 133, effective June 1. L. 2001: (1)(c) amended, p. 1178, � 10, effective August 8. L. 2002: (1)(b), (1)(d) to (1)(n), (1)(p), (1)(q), and (1)(u) amended, pp. 594, 586, �� 29, 7, effective May 24; (1)(a) and (1)(s)(I) amended and (1)(w) added, p. 360, � 21, effective July 1. L. 2003: (1)(c) and (1)(w)(I) amended, p. 2012, � 104, effective May 22; (1)(x) and (1)(y) added, p. 1907, � 2, effective August 6. L. 2005: (1)(s)(I) amended, p. 661, � 1, effective May 27. L. 2013: (1)(s)(I) amended, (SB 13-155), ch. 392, p. 2284, � 17, effective July 1. L. 2018: (1)(u) amended, (HB 18-1228), ch. 103, p. 787, � 2, effective August 8. L. 2019: (1)(s)(I) amended, (HB 19-1172), ch. 136, p. 1715, � 205, effective October 1. L. 2020: (1)(s)(III) added, (HB 20-1406), ch. 178, p. 813, � 16, effective June 29. L. 2023: (1)(s)(IV) added, (SB 23-141), ch. 5, p. 15, � 2, effective March 3. L. 2024: (1)(q) and (1)(r) amended, (HB 24-1412), ch. 83, p. 279, � 1, effective August 7.
Editor's note: Subsection (1)(w)(II) provided for the repeal of subsection (1)(w),
effective January 1, 2004. (See L. 2002, p. 360.)
Cross references: For the legislative declaration contained in the 2002 act
amending subsections (1)(a) and (1)(s)(I) and enacting subsection (1)(w), see section 1 of chapter 121, Session Laws of Colorado 2002.
C.R.S. § 28-5-216
28-5-216. Purchase of home for ward. (1) The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his or her interest, or as a home for his or her dependent family. Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the veterans administration, and notice of hearing thereon shall be given said office as provided in the case of hearing on a guardian's account.
(2) Before authorizing such investment, the court shall require written
evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name. This section does not limit the right of the guardian on behalf of his or her ward to bid and to become the purchaser of real estate at a sale thereof pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; nor does it limit the right of the guardian, if such is necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with cotenants of the ward for a partition in kind, or to purchase from cotenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.
Source: L. 45: p. 657, � 15. CSA: C. 150, � 55 (15). CRS 53: � 143-3-15. C.R.S.
1963: � 144-3-15. L. 2002: Entire section amended, p. 624, � 133, effective May 24.
C.R.S. § 28-5-301
28-5-301. Legal investments. (1) It is lawful for any guardian or conservator of minor or incompetent beneficiaries of the veterans administration to invest the funds of the estate or trust or to permit such funds to remain invested in any of the following:
(a) Bonds or other interest-bearing or noninterest-bearing obligations of the
United States of America;
(b) Bonds or other interest-bearing or noninterest-bearing securities, the
payment of the principal sum of which and the interest, if any, on which is guaranteed by the United States of America;
(c) Bonds or other interest-bearing or noninterest-bearing securities which
are direct general obligations of the state of Colorado or of any school district, local college district, or county therein or of any water or sanitation district or water and sanitation district created under the provisions of article 1 of title 32, C.R.S.;
(d) Bonds or other interest-bearing or noninterest-bearing securities which
are direct general obligations of any city and county or incorporated city or town in the state of Colorado which has existed continuously as a lawful corporation for a period of ten years;
(e) Bonds or other interest-bearing or noninterest-bearing securities which
are direct general obligations of any other state of the United States of America or any school district, local college district, county, city and county, parish, or incorporated city, town, or village within any other state of the United States of America; if the entire general obligation indebtedness of any such school district, local college district, county, city and county, parish, city, town, or village, including the proportionate share of the general obligation indebtedness of any other subdivisions of such state which have power to levy taxes on the same property, does not at the time of investment exceed fifteen percent of the valuation for assessment of the taxable property therein; if the issuer has existed for at least fifteen years and has not been in default with respect to the principal of any of its general obligation indebtedness at any time within the preceding ten years; if any such issuer, being an incorporated city, city and county, town, or village, has a population of not less than twenty-five hundred people, according to the last preceding federal census; and if the purchase or retention of investments under this paragraph (e) by such fiduciaries acting under the probate jurisdiction of a court is subject to prior approval of such court;
(f) All or any part of issues or series of bonds or notes secured by first lien
mortgages or deeds of trust upon real estate situate within the state of Colorado. Such loans shall not exceed fifty percent of the appraised value of the lands, improvements, and water rights, if any, pertaining thereto, but the amount of such loan may equal sixty percent of the appraised value of the land, improvements, and water rights, if any, pertaining thereto if the instruments evidencing such investments contain a requirement for reduction, during each year, of the principal of the loan in an amount equal to at least five percent of the original principal sum. Such loans, when made by such fiduciaries acting under the probate jurisdiction of a court, shall be made in such amounts and for such periods as may be in the best interests of the estate and shall be subject to approval by the court.
(g) State highway fund revenue anticipation warrants of the state of
Colorado;
(h) Repealed.
(i) Original and supplemental bonds of the Moffat tunnel improvement
district;
(j) Revenue obligations issued to provide, enlarge, or improve electric power
or water facilities by any city located in the state of Colorado having a population of not less than twenty-five hundred people at the time of investment if:
(I) The plan under which said obligations were issued provides for the
retirement thereof out of the revenue within thirty years from the date of issuance; and
(II) The net revenue from such facility during each of the five years preceding
such investment, after provision for ordinary expenses (exclusive of any allowance for depreciation), of operation of the facility, is equal to at least one and one-half times the sum of interest and principal payments due in any year during the remaining life of the issue and like payments due on account of any other issue relating to the same facility;
(k) Bonds of housing authorities issued pursuant to the provisions of article 4
of title 29, C.R.S.;
(l) Improved real property within the state of Colorado if such property at
time of purchase is under lease in its entirety, such lease then having an unexpired term of not less than ten years and under which the lessee is obliged to pay taxes, expenses of maintenance, and a rental therein fixed, and the appraised value of the land and improvements is in excess of ten times the net annual rent reserved in the lease; such real property shall be purchased by such fiduciaries acting under the probate jurisdiction of a county court only under order of court;
(m) Time or savings deposits in any state bank or national bank in Colorado
which is, at the time the deposit is made, a member of the federal deposit insurance corporation if:
(I) The full amount of the deposit is insured by the federal deposit insurance
corporation;
(II) The bank or association agrees to pay interest on the deposit; and
(III) To the extent that the deposit ceases to be insured by the federal
deposit insurance corporation, the same is withdrawn or otherwise converted into cash as promptly as the terms of the deposit will permit. Such deposit may be evidenced by an entry in a passbook, or by a certificate of deposit, or in such other manner as is then customary in the community in which the deposit is made.
(n) Notes or bonds secured by mortgage or deed of trust insured pursuant to
Title II of the National Housing Act if the purchase is made by an approved mortgagee under said National Housing Act; except that:
(I) Nothing in this section shall restrict the powers of investment conferred
upon any executor, administrator, or trustee by the terms of a will or trust instrument;
(II) Any such fiduciary may retain any real property owned by his or her
testate or intestate at date of death or by his or her ward at date of appointment of a guardian or conservator and that any such fiduciary may retain for a reasonable time any real property acquired by him or her by foreclosure of or in satisfaction of a mortgage or trust deed, but if such fiduciary is subject to the probate jurisdiction of the county court, such holding shall not exceed two years unless permitted by order of that court;
(III) Any such fiduciary may purchase or retain any class of property
authorized by this section to be purchased or retained, as the case may be, in addition to the investments described in the will or trust instrument, unless the power to invest in such class of property is expressly or impliedly denied by such will or trust instrument;
(IV) Nothing in this section shall be construed to limit the existing right of
such fiduciaries to maintain such demand or time deposits in banks as are required in the ordinary conduct of their business; and
(V) Nothing in this section shall relieve any such fiduciary from the duty of
exercising reasonable care in the purchase or retention of investments;
(o) Share, certificate, or savings accounts in any state or federally chartered
savings and loan association in Colorado that are insured by the federal deposit insurance corporation or its successor if:
(I) The full amount of the account is insured by the federal deposit insurance
corporation or its successor;
(II) The association agrees to pay such dividends on the account as permitted
by its charter; and
(III) To the extent that the account ceases to be insured by the federal
deposit insurance corporation or its successor, the same is withdrawn or otherwise converted into cash as promptly as the terms of the account will permit. Such account may be evidenced by an entry in a passbook, or by a certificate of investment, or in such other manner as is acceptable to the federal deposit insurance corporation or its successor.
Source: L. 45: p. 322, � 1. L. 49: p. 773, � 1. CSA: C. 176, � 126(4). CRS 53: �
143-8-1. C.R.S. 1963: � 144-7-1. L. 75: (1)(h) repealed, p. 217, � 56, effective July 16. L. 81: (1)(c) amended, p. 1611, � 5, effective July 1. L. 2002: (1)(n)(II) amended, p. 625, � 137, effective May 24. L. 2004: IP(1)(o), (1)(o)(I), and (1)(o)(III) amended, p. 156, � 72, effective July 1.
Cross references: For the National Housing Act, see 12 U.S.C. � 1701 et seq.
PART 4
LOANS TO MINOR VETERANS
C.R.S. § 29-26-101
29-26-101. Legislative declaration. (1) The general assembly hereby finds and declares that:
(a) It is in the public interest to maintain a diverse housing stock in order to
preserve some diversity of housing opportunities for the state's residents and people of low- and moderate-income.
(b) A housing shortage for persons of low- and moderate-income is
detrimental to the public health, safety, and welfare. In particular, the inability of such persons to reside near where they work negatively affects the balance between jobs and housing in many regions of the state and has serious detrimental transportation and environmental consequences.
(c) As an initial step in fostering the establishment of affordable housing
dwelling unit programs that will satisfy the housing needs of all the residents of a particular jurisdiction, it is appropriate for the general assembly to authorize local governments to establish affordable housing dwelling unit advisory boards.
(d) In selecting members of the advisory boards, the governing bodies of
local government shall give preference to residents of the jurisdiction who have demonstrated experience in housing matters, preferably within the territorial boundaries of the jurisdiction, as a result of their current or former experience, without limitation, as a:
(I) Registered or certified civil engineer or architect;
(II) Planner;
(III) Real estate broker licensed in accordance with part 2 of article 10 of title
12;
(IV) Representative of a lending institution that finances residential
development within the territorial boundaries of the local government;
(V) Representative of the local housing authority;
(VI) Residential builder with extensive experience in producing single-family
or multiple-family dwelling units;
(VII) Representative of either the public works or planning department of the
local government; or
(VIII) Representative of a nonprofit housing organization that provides
services within the territorial boundaries of the local government.
(e) In addition, one or more members of the board, in the discretion of the
local government, shall be a resident of the jurisdiction without demonstrated experience in housing matters.
(2) In creating this article, the general assembly intends that affordable
housing dwelling unit advisory boards shall address the housing needs of low- and moderate-income persons, promote a full range of housing choices, and develop effective policies to encourage the construction and continued existence of affordable housing.
Source: L. 2001: Entire article added, p. 974, � 1, effective August 8. L. 2008:
(1)(d)(III) amended, p. 511, � 31, effective April 17. L. 2019: (1)(d)(III) amended, (HB 19-1172), ch. 136, p. 1717, � 210, effective October 1.
C.R.S. § 29-3-102
29-3-102. Legislative declaration. (1) It is the intent of the general assembly by the passage of this article to authorize counties and municipalities to finance, acquire, own, lease, improve, and dispose of properties to the end that such counties and municipalities may be able to promote industry and develop trade or other economic activity by inducing profit or nonprofit corporations, federal governmental offices, hospitals, and agricultural, forestry, fisheries, mining, construction, manufacturing, transportation, communications, public utilities, wholesale and retail trade, finance, education, insurance, real estate, technology, and any related small business enterprises to locate, expand, or remain in this state, to mitigate the serious threat of extensive unemployment in parts of this state, to secure and maintain a balanced and stable economy in all parts of this state, or to further the use of its agricultural products or natural resources.
(2) It is the further intent of the general assembly to authorize counties and
municipalities to finance, refinance, acquire, own, lease, improve, and dispose of properties to the end that pollution may be ameliorated and controlled, more adequate hospital care may be provided, more adequate residential housing facilities for low- and middle-income families and persons may be provided, more adequate facilities for disposing of sewage and solid waste and furnishing water, energy, and gas may be provided, more adequate facilities for sports events and activities and recreation activities, conventions, and trade shows may be provided, more adequate airports, mass commuting facilities, parking facilities, or storage or training facilities may be provided, and more adequate research, product-testing, and administrative facilities may be provided, all of which promote the public health, welfare, safety, convenience, and prosperity.
(3) It is therefore the intention of the general assembly to vest such counties
and municipalities with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their health, safety, welfare, convenience, and prosperity.
(4) It is not intended by this article to authorize any county or municipality to
operate any manufacturing, industrial, commercial, or business enterprise, or any research, product-testing, or administrative facilities of such enterprise, nor to prohibit the operation of utility plants, residential housing facilities, hospitals, sewage or solid waste disposal facilities, facilities for the furnishing of water, energy, or gas, sports and recreation facilities, convention or trade show facilities, airports, mass commuting facilities, parking facilities, or storage or training facilities by any county or municipality.
(5) This article shall be liberally construed in conformity with this legislative
declaration.
Source: L. 67: p. 671, � 3. C.R.S. 1963: � 36-24-3. L. 73: p. 476, � 3. L. 74: (1)
amended, p. 408, � 24, effective April 11. L. 75: (1), (2), (3), and (4) amended, p. 966, � 1, effective July 14. L. 77: (1) and (2) amended, p. 1408, � 1, effective June 20. L. 2003: (1) amended, p. 726, � 1, effective July 1.
C.R.S. § 29-3-110
29-3-110. Acquisition of project. (1) The county or municipality may also provide that:
(a) The project and improvements to be constructed, if any, shall be
constructed by the county or municipality, the user, the user's designee, or any one or more of them on real estate owned by the county or municipality, the user, or the user's designee, as the case may be;
(b) The bond proceeds shall be disbursed by the trustee bank or trust
company during construction upon the estimate, order, or certificate of the user or the user's designee.
(2) The project, if and to the extent constructed on real estate not owned by
the county or municipality, may be conveyed or leased or an easement therein granted to the county or municipality at any time.
Source: L. 67: p. 674, � 10. C.R.S. 1963: � 36-24-10. L. 73: p. 479, � 10.
C.R.S. § 29-35-103
29-35-103. Definitions. As used in this article 35, unless the context otherwise requires:
(1) Accessible unit means a housing unit that:
(a) Satisfies the requirements of the federal Fair Housing Act, 42 U.S.C.
sec. 3601 et seq., as amended;
(b) Incorporates universal design; or
(c) Is a type A dwelling unit, as defined in section 9-5-101 (10); a type A
multistory dwelling unit, as defined in section 9-5-101 (11); a type B dwelling unit, as defined in section 9-5-101 (12); or a type B multistory dwelling unit, as defined in section 9-5-101 (13).
(2) (a) Administrative approval process means a process in which:
(I) A development proposal for a specified project is approved, approved with
conditions, or denied by local government administrative staff based solely on its compliance with objective standards set forth in local laws; and
(II) Does not require, and cannot be elevated to require, a public hearing, a
recommendation, or a decision by an elected or appointed public body or a hearing officer.
(b) Notwithstanding subsection (2)(a) of this section, an administrative
approval process may require an appointed historic preservation commission to make a decision, or to make a recommendation to local government administrative staff, regarding a development application involving a property that the local government has designated as a historic property, provided that:
(I) The state historic preservation office within history Colorado has
designated the local government as a certified local government; and
(II) The appointed historic preservation commission's decision or
recommendation is based on standards either set forth in local law or established by the secretary of the interior of the United States.
(3) Applicable transit plan means a plan of a transit agency whose service
territory is within a metropolitan planning organization, including a system optimization plan or a transit master plan that:
(a) Has been approved by the governing body of a transit agency on or after
January 1, 2019, and on or before January 1, 2024;
(b) Identifies the planned frequency and span of service for transit service or
specific transit routes; and
(c) Identifies specific transit routes for short-term implementation according
to that plan, or implementation before January 1, 2030.
(4) Bus rapid transit service means a transit service:
(a) That is identified as bus rapid transit by a transit agency, in a
metropolitan planning organization's fiscally constrained long range transportation plan or in an applicable transit plan; and
(b) That typically includes any number of the following:
(I) Service that is scheduled to run every fifteen minutes or less during the
highest frequency service hours;
(II) Dedicated lanes or busways;
(III) Traffic signal priority;
(IV) Off-board fare collection;
(V) Elevated platforms; or
(VI) Enhanced stations.
(5) Commuter bus rapid transit service means a bus rapid transit service
that operates for a majority of its route on a freeway with access that is limited to grade-separated interchanges.
(6) Commuter rail means a passenger rail transit service between and
within metropolitan and suburban areas.
(7) County means a county including a home rule county, but excluding a
city and county.
(8) Department means the department of local affairs.
(9) Displacement means:
(a) The involuntary relocation of residents, particularly low-income residents,
or locally-owned community-serving businesses and institutions due to:
(I) Increased real estate prices, rents, property rehabilitation, redevelopment,
demolition, or other economic factors;
(II) Physical conditions resulting from neglect and underinvestment that
render a residence uninhabitable; or
(III) Physical displacement wherein existing housing units and commercial
spaces are lost due to property rehabilitation, redevelopment, or demolition;
(b) Indirect displacement resulting from changes in neighborhood
population, if, when low-income households move out of housing units, those same housing units do not remain affordable to other low-income households in the neighborhood, or demographic changes that reflect the relocation of existing residents following widespread relocation of their community and community-serving entities.
(10) Light rail means a passenger rail transit service that uses electrically
powered rail-borne cars.
(11) Local government means a municipality, county, or tribal nation with
jurisdiction in Colorado.
(12) Local law means any code, law, ordinance, policy, regulation, or rule
enacted by a local government that governs the development and use of land, including but not limited to land use codes, zoning codes, and subdivision codes.
(13) Metropolitan planning organization means a metropolitan planning
organization under the Federal Transit Act of 1998, 49 U.S.C. sec. 5301 et seq., as amended.
(14) Municipality means a home rule or statutory city or town, territorial
charter city or town, or city and county.
(15) Objective standard means a standard that:
(a) Is a defined benchmark or criterion that allows for determinations of
compliance to be consistently decided regardless of the decision maker; and
(b) Does not require a subjective determination concerning a development
proposal, including but not limited to whether the application for the development proposal is:
(I) Consistent with master plans or other development plans;
(II) Compatible with the land use or development of the area surrounding the
area described in the application; or
(III) Consistent with public welfare, community character, or neighborhood
character.
(16) Regulated affordable housing means affordable housing that:
(a) Has received loans, grants, equity, bonds, or tax credits from any source
to support the creation, preservation, or rehabilitation of affordable housing that, as a condition of funding, encumbers the property with a restricted use covenant or similar recorded agreement to ensure affordability, or has been income-restricted under a local inclusionary zoning ordinance or other regulation or program;
(b) Restricts or limits maximum rental or sale price for households of a given
size at a given area median income, as established annually by the United States department of housing and urban development; and
(c) Ensures occupancy by low- to moderate-income households for a
specified period detailed in a restrictive use covenant or similar recorded agreement.
(17) Universal design means any dwelling unit designed and constructed to
be safe and accessible for any individual regardless of age or abilities.
(18) Urban bus rapid transit service means a bus rapid transit service that
operates on a surface street for the majority of its route.
(19) Visitable unit means a dwelling unit that a person with a disability can
enter, move around the primary entrance floor of, and use the bathroom in.
Source: L. 2024: Entire article added (see the editor's note following the part
1 heading), (HB 24-1313), ch. 168, p. 837, � 1, effective May 13.
PART 2
TRANSIT-ORIENTED COMMUNITIES
Editor's note: This part 2 was originally numbered as part 2 of article 37 of
this title 29 in HB 24-1313 but was renumbered on revision for ease of location.
C.R.S. § 29-35-208
29-35-208. Standard affordability strategies menu - long-term affordability strategies menu - alternative affordability strategies - impact fees. (1) Standard affordability strategies menu. On or before June 30, 2025, the department shall develop a standard affordability strategies menu for transit-oriented communities and shall update this menu as necessary. The menu must include the following strategies:
(a) Implementing a local inclusionary zoning ordinance that accounts for
local housing market conditions, is crafted to maximize regulated affordable housing, and complies with the requirements of section 29-20-104 (1)(e.5) and (1)(e.7);
(b) Adopting a local law or plan to leverage publicly owned, sold, or managed
land for regulated affordable housing development;
(c) Creating or significantly expanding a program to subsidize or otherwise
reduce impact fees or other similar development charges for regulated affordable housing development;
(d) Establishing a density bonus program for transit centers that grants
increased floor area ratio, density, or height for regulated affordable housing units;
(e) Creating a program to prioritize and expedite development approvals for
regulated affordable housing development;
(f) Reducing local parking requirements for regulated affordable housing to
one-half space per unit of regulated affordable housing, without lowering the protections provided for individuals with disabilities, including the number of parking spaces for individuals who are mobility impaired, under the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and parts 6 and 8 of article 34 of title 24; except that, upon the passage of House Bill 24-1304, this subsection (1)(f) shall not be identified by a transit-oriented community as an affordability strategy that satisfies the requirements of 29-35-204 (6)(b)(I)(A);
(g) Enacting local laws that incentivize the construction of accessible and
visitable regulated affordable housing units;
(h) Enacting local laws that support housing for families, such as
incentivizing construction of housing units with multiple bedrooms; and
(i) Any other strategy designated by the department that offers a
comparable impact on local housing affordability.
(2) Long-term affordability strategies menu. On or before June 30, 2025,
the department shall develop a long-term affordability strategies menu and shall update this menu as necessary. The menu must include the following strategies:
(a) Establishing a dedicated local revenue source for regulated affordable
housing development, such as instituting a linkage fee on market rate housing development to support new regulated affordable housing developments;
(b) Regulating short-term rentals, second homes, or other underutilized or
vacant units in a way, such as vacancy fees for underutilized units, that promotes maximizing the use of local housing stock for local housing needs;
(c) Making a commitment to and remaining eligible to receive funding
pursuant to article 32 of this title 29;
(d) Incentivizing or creating a dedicated local program that facilitates
investment in land banking or community land trusts;
(e) Establishing an affordable homeownership strategy such as:
(I) Acquiring or preserving deed restrictions on current housing units;
(II) Establishing an incentive program to encourage realtors to work with
low-income and minority prospective home buyers;
(III) Establishing an affordable rent-to-own program; or
(IV) Incentivizing affordable condominium developments; and
(f) Any other strategy designated by the department that offers a
comparable impact on local housing affordability.
(3) Alternative affordability strategies. A transit-oriented community may
submit an existing or proposed local law or program, in a form and manner determined by the department, to the department, and the department may determine that the adoption of that local law or program qualifies as an affordability strategy for purposes of section 29-35-204 (6)(a) and (6)(b), so long as the local law or program supports equal or greater opportunity for regulated affordable housing and accessible units than the strategies described in subsections (1) and (2) of this section.
Source: L. 2024: Entire article added (see the editor's note following the part
2 heading), (HB 24-1313), ch. 168, p. 860, � 1, effective May 13.
C.R.S. § 29-4-1102
29-4-1102. Legislative declaration. (1) The general assembly finds and declares that:
(a) There is an acute shortage of affordable middle-income housing in the
state, particularly in fast-growing areas where jobs are being created. Housing is increasingly not affordable for essential workers such as nurses, teachers, firefighters, and other members of communities who earn too much to qualify for governmental housing subsidies and for whom the market is not building new housing.
(b) For most of Colorado's post-war history, the private market provided an
abundant supply of starter homes for middle-income earners. As costs have escalated in high-cost housing markets, private investors have shifted their focus to financing housing for only the top earners in the marketplace, where high returns on investment can still be achieved. In the Denver metro area, not only are there fewer affordable rental units built every year, but there are also fewer affordable rental properties in total. This same trend is occurring in all high-cost communities across the state.
(c) There are established markets to raise capital to finance affordable
housing for low-income individuals who qualify for governmental housing subsidies, generally those whose income is sixty percent, or in some cases eighty percent, or less of area median income, through the sale of federal and state low-income housing tax credits and tax-exempt bonds;
(d) Even with historic state investment this year of hundreds of millions of
dollars for affordable housing, the statewide need is in the billions; even with the general assembly's investment, there simply is not enough capital available to finance the middle-income workforce housing, leaving a damaging void of housing supply for middle-income individuals, families, and communities;
(e) In order to solve for the acute shortage of affordable middle-income
housing, a mechanism is needed that will robustly increase the supply of affordable middle-income housing by raising large amounts of private sector capital to finance projects that can be placed into service quickly and efficiently. The creation of the middle-income housing authority is such a mechanism.
(f) The authority will be able to place projects into service quickly and
efficiently because it will rely on the expertise of local governments, nonprofit organizations, and experienced real estate industry professionals to identify, propose, develop, and operate its projects;
(g) The authority's housing units will remain affordable with stable rents
because they will be owned by the authority and operated by experienced and competent operators at the authority's direction, in perpetuity;
(h) Increasing affordable rental workforce housing through the activities of
the authority and the exercise of its plenary powers pursuant to this part 11 is in the public interest and is a matter of statewide concern. The activities of the authority will comply with fair housing laws and promote a substantial, legitimate, and nondiscriminatory interest of the state that cannot be served by another practice that has a less discriminatory effect; and
(i) A public-private partnership entered into by the authority in connection
with an affordable rental housing project or in connection with providing housing assistance to tenants of an affordable rental housing project in accordance with this part 11 serves a public purpose and does not, therefore, violate section 2 of article XI of the state constitution.
Source: L. 2022: Entire part added, (SB 22-232), ch. 354, p. 2516, � 2,
effective June 3. L. 2023: (1)(g) and (1)(h) amended and (1)(i) added, (SB 23-035), ch. 317, p. 1917, � 1, effective June 2.
C.R.S. § 29-4-1104
29-4-1104. Middle-income housing authority - creation - board of directors - meetings - records - tax exempt - audit - report. (1) There is created the middle-income housing authority, which is a body corporate and a political subdivision of the state, which shall not be an agency of state government, and shall not be subject to administrative direction by any department, commission, board, bureau, or agency of the state.
(2) (a) The powers of the authority are vested in the governing body of the
authority, which is a board of directors.
(b) The board consists of sixteen persons, including two nonvoting members
pursuant to subsection (2)(d.5) of this section.
(c) The governor shall appoint to the board, with the consent of the senate:
(I) At least one member with experience in one of each of the following
areas:
(A) The development of rental housing;
(B) Real estate transactions; and
(C) Public finance; and
(II) At least one member which meets one of the following criteria:
(A) Be the director of a local housing authority;
(B) Be an elected county commissioner from a rural county in the state;
(C) Be an elected county commissioner from a county in the state; and
(D) Be a representative from a nonprofit organization that has experience
developing middle-income housing.
(d) In addition to the appointments set forth in subsection (2)(c)(I) of this
section, the governor shall appoint to the board:
(I) The director of the office of economic development established in section
24-48.5-101 (1), or the director's designee; and
(II) The director of the division of housing established in section 24-32-704,
or the director's designee.
(d.5) In addition to the appointments set forth in subsections (2)(c) and (2)(d)
of this section, the senate majority leader and the house majority leader shall each appoint a representative from the general assembly from their respective chambers to be nonvoting board members; except that, if the senate majority leader and the house majority leader are from the same political party, then the senate majority leader and the house minority leader shall each appoint the representative from their respective chambers.
(e) In addition to the requirements of this subsection (2) of this section, when
making appointments to the board, reasonable efforts must be made to appoint members that reflect the geographic and demographic diversity of the entire state.
(f) (I) Each member is appointed for a term of four years; except that the
terms shall be staggered so that no more than five members' terms expire in the same year.
(II) Notwithstanding the requirements of subsection (2)(f)(I) of this section,
the first appointed members shall serve initial terms of two years for four members, three years for five members, and four years for the remaining five members. This subsection (2)(f)(II) is repealed on July 1, 2028.
(g) A member holds office for the member's term until a successor is
appointed. Any member is eligible for reappointment, but members are not eligible to serve more than two consecutive full terms. Members of the board serve without compensation for such services but shall be reimbursed for their necessary expenses while serving as a member of the board. Any vacancy must be filled in the same manner as the original appointment for the unexpired term. Any member may be removed by the governor for misconduct, incompetence, neglect of duty, or other cause.
(3) (a) The governor shall make initial appointments of board members in
accordance with subsection (2)(b) of this section on or before September 1, 2022, and shall appoint one of the members to serve as the initial chairperson. The initial chairperson has the authority to establish and administer matters related to the initial set up of the authority, including staffing, legal services, or to coordinate with the office of economic development, created in section 24-48.5-101 (1), or the department of local affairs, created in section 24-1-125 (1), on administrative matters and other matters related to the initial set up and operation of the authority, which contracts shall be for a term of no longer than one year from September 1, 2022, and shall be ratified by the board at its initial meeting set forth in subsection (4)(a) of this section.
(b) The authority may hire staff as it deems necessary or convenient to
administer this part 11, and the office of economic development or the department of local affairs may assist the authority with administering this part 11. The authority may cooperate and enter into contracts with the office of economic development or the department of local affairs, or with another agency or entity, for administrative or operations matters, including for staffing. The authority shall pay the office of economic development, the department of local affairs, or another agency or entity that the authority has entered into a contract with for all costs incurred for services, staffing, and administrative costs that are approved by the initial chairperson and ratified by the board or that are approved by the authority. Nothing in this part 11 precludes the authority from hiring staff and entering into contracts concurrently as the authority deems necessary or convenient for administration or operations matters.
(4) (a) Within thirty days of the governor's initial appointments pursuant to
subsections (2) and (3) of this section, the initial chairperson of the board as designated by the governor shall set dates for the first and second board meetings which must be held before December 31, 2022. The board may elect a new chairperson pursuant to section 29-4-1105 (1)(n) at either initial meeting. Subsequent meetings shall be set by the chairperson of the board.
(b) All meetings of the board are open to the public. No business of the board
shall be transacted except at a regular or special meeting at which a quorum consisting of at least a majority of the total membership of the board is present. Any action of the board requires the affirmative vote of a majority of the members present at the meeting.
(c) One or more members of the board may participate in any meeting and
may vote through the use of telecommunications devices, including a conference telephone or similar communications equipment. Participation through telecommunications devices constitutes presence in person at the meeting. Use of telecommunications for participation does not supersede any requirements for open meetings otherwise provided by law.
(5) (a) All resolutions and orders of the board must be recorded and
authenticated by the signature of the secretary or any assistant secretary of the board. Every legislative act of the board of a general or permanent nature must be by resolution. The book of resolutions, corporate acts, and orders is a public record. A public record must also be made of all other proceedings of the board, minutes of the meetings, annual reports, certificates, contracts, and bonds given by officers, employees, and any other agents of the authority. The account of all money received by and disbursed on behalf of the authority is a public record.
(b) All public records of the authority are subject to the Colorado Open
Records Act, part 2 of article 72 of title 24. All records are subject to any budget and audit laws applicable to the authority and may be subject to regular audit to the extent required by law.
(6) Any board member, employee, or other agent or adviser of the authority
who has a direct or indirect interest in any contract, transaction, or proposal with the authority or any interest, direct or indirect, in a nonprofit or for-profit organization submitting a proposal to the authority shall disclose this interest to the authority. This interest must be set forth in the minutes of the authority, and no board member, employee, or other agent or adviser having such interest shall participate on behalf of the authority in the authorization of any such contract or transaction.
(7) No part of the revenues or assets of the authority shall inure to the
benefit of, or be distributed to, its members or officers or any other private persons or entities.
(8) The authority shall not discriminate based on race, creed, color, national
origin, ancestry, religion, sex, gender, sexual orientation, gender identity, gender expression, marital status, familial status, military status, handicap, or physical or mental disability and will otherwise comply with fair housing laws.
(9) Bonds, contracts, and any other obligation or liability of the authority are
special limited obligations of the authority and are not bonds, contracts, obligations, or otherwise liabilities of the state. The state has no obligation or liability with respect to any bonds, contracts, or other obligation or liability of the authority.
(10) The authority is a public entity as set forth in sections 24-10-103 (5)
and 11-57-203 (3) and a special purpose authority as set forth in section 24-77-102 (15).
(11) The authority and its corporate existence continues until terminated by
law; except that no such law shall take effect so long as the authority has bonds, notes, or other obligations outstanding, unless adequate provision has been made for the payment of such obligations. Upon termination of the existence of the authority, all its rights and properties in excess of its obligations shall pass to and be vested in the state.
(12) (a) The income and revenue of the authority, all property at any time
owned by the authority, the affordable rental housing component of property in a public-private partnership, all bonds issued by the authority, the interest on and other income from such bonds, and the transfer of such bonds are exempt from income taxation, real and personal property taxation, and all other taxation and assessments in the state. The purchase and use of property by or for the benefit of the authority and the purchase and use of property that is the affordable rental housing component of a public-private partnership are exempt from sales and use taxes imposed by the state, a county, a city and county, a city, any other political subdivision of the state, or local government entity. In the resolution or indenture authorizing bonds, the authority may waive the exemption from federal income taxation for interest on the bonds. The authority may agree to make payments in lieu of property or sales and use taxes to the state, a county, a city and county, a city, any political subdivision of the state, or local government entity.
(b) Property sold by the authority or otherwise not owned by the authority, a
controlled entity, or other governmental entity exempt from taxation and property that is not the affordable rental housing component in a public-private partnership shall be subject to all taxation and assessments imposed by the state, a city, a county, a city and county, any other political subdivision of the state, or a local governmental entity.
(c) If the authority desires to voluntarily sell an affordable rental housing
project, it shall notify in writing relevant public entities, including state agencies, local governments, and public housing authorities in the area in which the project is located. Notice must include a description of the property to be sold. Notified public entities have ninety days after the date of notice to submit a proposed purchase and sale agreement, and obtain binding commitment for any necessary financing or guarantees. After the ninety-day period has elapsed, the authority may broadly advertise the sale, and favor buyers that agree to maintain the project as affordable housing, provided that the financial terms of the purchase are sufficient to satisfy all of the authority's obligations with respect to the project.
(d) (I) Within two weeks of the authority acquiring an affordable rental
housing project that is tax exempt pursuant to subsection (12)(a) of this section or entering into a public-private partnership through which the affordable rental housing component is tax exempt pursuant to subsection (12)(a) of this section, the authority shall provide notice of the acquisition or of the public-private partnership to the county assessor in the county in which the affordable rental housing project is located. The notice must include the property address, the assessor's parcel identification number for the property, and the date on which the property was acquired by the authority and became tax exempt or the date on which the authority entered into the public-private partnership and the affordable rental housing component of the property became tax exempt. If the authority is providing notice pursuant to this subsection (12)(d)(I) because it has entered into a public-private partnership, the authority shall also provide a copy of the contract or agreement for the public-private partnership with the notice.
(II) On or before January 15 of each year, the authority shall submit a
comprehensive list of all affordable rental housing projects that are tax exempt pursuant to subsection (12)(a) of this section to each county assessor in the counties in which the affordable rental housing projects are located. The list must include for each affordable rental housing project, the property address, the assessor's parcel identification number for the property, and the date on which the property was acquired by the authority and became tax exempt or the date on which the authority entered into the public-private partnership and the affordable rental housing component of the property became tax exempt.
(13) A gift or contribution to or for the use of the authority for use in
connection with the activities of the authority is treated as a gift to a political subdivision of the state made exclusively for public purposes.
(14) (a) The authority shall conduct an annual audit of its finances and shall
adopt a budget and work plan for each fiscal year. The authority shall submit to the governor, the state auditor, and the general assembly within six months after the end of the state fiscal year a report that shall set forth a complete and detailed operating and financial statement of the authority during such year. The report may also include any recommendations for legislation or other action that may be necessary to carry out the purposes of the authority.
(b) On a quarterly basis, the authority shall submit a report to the governor,
to the state auditor, and to the senate committees on finance and health and human services or any successor committee, and the house of representatives committees on finance, health and insurance and public and behavioral health and human services or any successor committees. Any developer or operator of an affordable rental housing project must provide to the authority information required by this subsection (13)(b). The report shall include for each affordable rental housing project:
(I) The number of units developed and must specify for income-restricted
units at what area median income levels;
(II) The number of units occupied;
(III) The average area median income being served;
(IV) The actual rents charged for each unit;
(V) Actual incomes of households residing within the units and length of
occupancy;
(VI) The average market rent for a unit of the same type, size, and amenities
prior to the development of an affordable rental housing project;
(VII) The average market rent for a unit of the same type, size, and amenities
after one year of occupancy of at least fifty percent of the units developed in the affordable rental housing project, and for each year thereafter;
(VIII) The amount of middle-income rental savings accrued to the local
community from the development;
(IX) The amount of tax exemptions accrued; and
(X) The rents charged and occupancy rates of nonincome restricted units of
housing.
Source: L. 2022: Entire part added, (SB 22-232), ch. 354, p. 2518, � 2,
effective June 3. L. 2023: (2)(b), (3), (12)(a), and (12)(b) amended and (2)(d.5) and (12)(d) added, (SB 23-035), ch. 317, p. 1918, � 3, effective June 2.
C.R.S. § 29-4-1105
29-4-1105. General powers. (1) In addition to any other powers granted to the authority in this part 11, the authority has the following powers:
(a) To have the duties, privileges, immunities, rights, liabilities, and
disabilities of a body corporate and political subdivision of the state;
(b) To have perpetual existence and succession;
(c) To adopt, have, and use a seal and to alter the same at its pleasure;
(d) To sue and be sued;
(e) To enter into any contract or agreement not inconsistent with this part 11
or the laws of the state;
(f) To borrow money and to issue bonds evidencing the same;
(g) To purchase, lease, lease with an option to purchase, trade, exchange, or
otherwise acquire, maintain, hold, improve, mortgage, lease, encumber, and dispose of real property and personal property, whether tangible or intangible, and any interest therein, including easements and rights-of-way, without restriction or limitation;
(h) To acquire office space, equipment, services, supplies, and insurance
necessary to carry out the purposes of this part 11;
(i) To deposit any money of the authority in any banking institution within or
without the state or in any depository authorized in section 24-75-603, and to appoint, for the purpose of making such deposits, one or more persons to act as custodians of the money of the authority, who shall give surety bonds in such amounts and form and for such purposes as the board requires;
(j) To contract for and to accept any gifts, grants, and loans of funds,
property, or any other aid in any form from the federal government, the state, any state agency, or any other source, or any combination thereof, and to comply, subject to the provisions of this part 11, with the terms and conditions of such contracts or the acceptance of such items;
(k) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted in this part 11, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 11;
(l) To fix the time and place or places at which its regular and special
meetings are to be held;
(m) To adopt and from time to time amend or repeal bylaws and rules and
regulations consistent with the provisions of this part 11, including rules regarding the definition and interpretation of terms used in this part 11. Nothing in this subsection (1)(m) grants the authority the power to redefine terms that are already defined in this part 11.
(n) To elect one member as chairperson of the board and another member as
chairperson pro tem of the board and to elect one or more members as secretary and treasurer of the board and elect or appoint such other offices as the board may determine and provide for their duties and terms of office;
(o) To appoint agents, employees, and professional and business advisers,
including real estate professionals, construction companies, property managers, attorneys, accountants, and financial advisers as may from time to time be necessary in its judgment to accomplish the purposes of this part 11, and to fix the compensation of such agents, employees, and advisers, and to establish the powers and duties of all agents, employees, and advisers, as well as any other person contracting with the authority to provide services, including termination of employment or the contract for services;
(p) To make and execute agreements, contracts, and other instruments
necessary or convenient in the exercise of the powers and functions of the authority under this part 11, including but not limited to contracts with any person, firm, corporation, municipality, state agency, county, or other entity. All municipalities, counties, and state agencies may enter into and do all things necessary to perform any such arrangement or contract with the authority.
(q) To enter into interest rate exchange agreements for bonds in accordance
with article 59.3 of title 11; and
(r) Other powers necessary to accomplish the authority's specific goals as
required under this part 11.
Source: L. 2022: Entire part added, (SB 22-232), ch. 354, p. 2524, � 2,
effective June 3.
C.R.S. § 29-4-1106
29-4-1106. Additional powers - affordable workforce housing projects. (1) In addition to the powers specified in section 29-4-1105, the authority has the following powers:
(a) To acquire, construct, rehabilitate, own, operate, and finance affordable
rental housing projects;
(b) To consult with a qualified nonprofit organization, county, municipality,
housing authority, school district, or other relevant entity as determined by the authority to identify gaps in affordable housing capacity, disproportionately impacted communities, or other communities or localities in need of workforce housing to guide the authority in its selection of project proposals to fund;
(c) To exercise general control and supervision of affordable rental housing
projects and the land they are located on and exercise plenary power to adopt all bylaws and regulations pertaining to the acquisition, financing, development, use, and operation of affordable rental housing projects in order to advance the state interest in the provision of affordable rental workforce housing pursuant to this part 11, not in conflict with the law, as the board may deem necessary to secure the successful operation of the authority and promote the purposes of this part 11;
(d) To enter into a public-private partnership;
(e) To contract with experienced real estate professionals with a proven
track record in developing and operating projects of similar scale and complexity for the development and operation of affordable rental housing projects and to employ its own personnel or contract with public or private entities, or both, for other services necessary or convenient to the conduct of all of the authority's other activities. The authority shall hire full-time staff who are full-time employees of the authority and are responsible for compliance with public meeting laws and open records requests, affordable rental housing project proposal solicitation and review, and reporting.
(f) To provide housing assistance to a tenant in a rental unit of an affordable
rental housing project in order for the tenant to transition to home ownership on affordable terms, provided that:
(I) Any funds used for such assistance are deemed to be excess funds from
those funds needed to develop and operate an affordable rental housing project; and
(II) The housing assistance may take the form of a grant, a subordinated loan,
or an interest in the residential property purchased by the tenant; and
(g) In order to isolate operating risk on a project-by-project basis, to
establish, or adopt a resolution approving the establishment of, one or more controlled entities on a per-project basis for the duration of the affordable rental housing project unless the controlled entity must oversee more than one affordable rental housing project as demonstrated by an applicant for funding to the authority, provided that:
(I) The controlled entity may be a nonprofit corporation, limited liability
company, or other entity formed pursuant to state law and the authority shall be the sole member of the entity;
(II) The authority shall appoint the governing body of or agent to oversee the
controlled entity and may remove a member of the governing body or agent for cause;
(III) Any revenue of the controlled entity not required to pay its expenses and
obligations and to fund reserves therefor for such expenses and obligations and, upon dissolution of the controlled entity, any assets of the controlled entity not required to pay its expenses and obligations must be distributed to or at the direction of the authority and shall not be used for or accrue to the benefit of any private interests;
(IV) The authority may loan proceeds from bonds issued by the authority to
the controlled entity; and
(V) The controlled entity shall enjoy the same privileges and immunities as
the authority, including but not limited to the exemptions from taxation pursuant to section 29-4-1104 (12)(a).
Source: L. 2022: Entire part added, (SB 22-232), ch. 354, p. 2525, � 2,
effective June 3. L. 2023: (1)(d) amended, (SB 23-035), ch. 317, p. 1920, � 4, effective June 2.
C.R.S. § 29-4-1107
29-4-1107. Powers of the board - selection of projects - ownership - report. (1) (a) On or before April 1, 2023, the authority shall publish the first solicitation for proposals as part of an initial pilot program and must complete the review and selection process on or before July 1, 2023, in accordance with the requirements set forth in this section. The authority may continue to solicit proposals as part of the initial pilot program; except that the authority shall select proposed affordable rental housing projects that will develop an aggregate of not more than three thousand five hundred units. Affordable rental housing projects selected in the initial pilot program must have geographic, income, and project-size diversity and be by a variety of developer entities. When the authority has determined it has enough information from the pilot program set forth in this subsection (1)(a), the authority shall prepare a report and publicly present to the general assembly a comprehensive evaluation of the authority's impact on middle-income individuals and families and on housing of all types in the state. The report must include recommendations on whether the pilot program should end and recommendations for legislative changes to improve or modify the program as implemented by the authority.
(b) Subject to the provisions of subsection (1)(a) of this section, the authority
shall select affordable rental housing projects based on proposals from local governments, housing authorities, nonprofit organizations specializing in housing, and experienced real estate professionals with proven track records in developing and operating projects of similar scale and complexity using a fair and transparent process that creates competition and limits private sector development fees to an amount that is less than the private sector development fees that are customarily received as of June 3, 2022, for projects receiving a federal low-income housing tax credit provided by section 42 of the Internal Revenue Code of 1986, referred to in this section as the LIHTC. The authority's overall portfolio of affordable rental housing projects must maintain that eighty percent are new build construction projects.
(c) The authority shall establish a process for soliciting and evaluating
proposals and selecting projects that includes but is not limited to prioritization criteria that gives preference to proposed affordable rental housing projects that promote one or more of the following goals and objectives:
(I) Increase the supply of affordable workforce housing in urban, rural, and
rural resort communities across the state, as each term is classified pursuant to subsection (1)(d) of this section, that responds to each community's demonstrated need for middle-income projects in which at least sixty percent of units within a particular development are available to rent or are actively rented to middle-income individuals and families as defined in section 29-4-1103 (7);
(II) Create opportunities to build intergenerational wealth for families;
(III) Meaningfully contribute to the alleviation of housing pressures the local
workforce faces;
(IV) Provide for the long-term affordability of rental units;
(V) Have minimal negative impact on existing or planned affordable housing
projects in the state, which impacts shall be evaluated by the authority in consultation with other housing authorities, nonprofits, local governments, or any other applicable entity;
(VI) Target a diverse range of income levels within the income restricted
housing component for middle-income individuals and families as set forth in section 29-4-1103 (7) and proposes at least thirty percent of the rental units for individuals and families with annual income of the household at eighty percent of the area median income of households of that size in the county in which the housing is located or demonstrably targets the lowest possible area median income for middle-income individuals and families as set forth in section 29-4-1103 (7) given the proposed scope of the development; and
(VII) Promote mixed-income development where a percentage of units,
proportional to the local demonstrated housing needs within a particular development, have restricted availability to households at the income levels for middle-income individuals and families as set forth in section 29-4-1103 (7). The percentage of restricted units and affordability levels must comply with any local laws promoting the development of new affordable housing units pursuant to section 29-20-104 (1).
(d) On or before September 1, 2022, the division of housing, created in
section 24-32-704 (1), shall classify each county in the state as urban, rural, or rural resort based upon the definitions of the terms as specified in the final report of the Colorado strategic housing working group, dated July 6, 2021. The division of housing shall regularly update and publish modifications of this initial classification.
(2) (a) In addition to any other criteria established by the authority, a
proposal must:
(I) Include a comprehensive plan of finance to finance the affordable rental
housing project from the proceeds of bonds issued by the authority and sold by approved underwriters identified in the proposal and other sources, with all bonds issued by the authority being payable solely from revenue generated by and secured solely by the affordable rental housing project using initial restricted rents and with no upward trending of rents, except as otherwise allowed under this part 11, with no financial obligation or other liability of the state;
(II) Show how the development aligns with the identified needs of a
community where the proposed affordable rental housing project will be located, as defined in the community's housing needs assessment, where available;
(III) Include an estimate of the rent savings to income-restricted tenants, an
estimate of the tax savings resulting from the affordable rental housing project's exemption from state and local taxes, a comparison of the estimated rent savings and estimated tax savings, and a description of how the tax savings will be used to produce rent savings or other benefits to income-restricted tenants;
(IV) Limit private sector development fees to an amount less than the private
sector development fees that are customary for LIHTC projects as of June 3, 2022;
(V) Comply with all terms of this part 11; and
(VI) Include an explicit disclaimer that the state has no liability for any
obligations of the authority, that the bonds, contractual, and other obligations and liabilities of the authority are special limited obligations of the authority and are not bonds, obligations, or liabilities of the state, and that the state shall have no obligation or liability with respect to any of the bonds, contractual, or other obligations or liabilities of the authority.
(b) In addition to any other criteria established by the authority, a proposal
may provide that a portion of the bonds issued by the authority to finance the affordable rental housing project be sold to investors identified in the proposal.
(c) An applicant may, at any time, request that the board grant the applicant
an exception to the upper limits of the area median income levels for middle-income individuals and families as set forth in section 29-4-1103 (7) based upon demonstrated unique economic and housing cost attributes in the local community in which the affordable rental housing project is proposed to be located.
(d) If required by a local community in which a proposed affordable rental
housing project will be located, an applicant may request that the board grant the applicant an ability to provide a limited number of units in the affordable rental housing project below eighty percent of area median income, only as is required by local ordinance, zoning incentives, or similar rules and regulations in the local community in which the proposed affordable rental housing project will be located. A proposed affordable rental housing project that receives a waiver by the board pursuant to this subsection (2)(d) must still have a primary purpose of providing rental housing for middle-income individuals and families.
(3) To incentivize quality affordable rental housing projects that will operate
consistently and efficiently, in evaluating proposals the authority shall favor proposals that include an agreement from the developer and the operator identified in the proposal to continue as developer and operator of the affordable rental housing project for a period of at least ten years, subject to the authority's right to remove them.
(4) (a) The authority shall establish a process to provide notification to local
governmental entities where a proposed affordable rental housing project will be located prior to selection of the project.
(b) (I) The authority must provide and deliver written notice of a proposed
affordable rental housing project to the county and municipality where the project is proposed to be located within fourteen days of the authority receiving a project proposal. The county or municipality may object to a project in accordance with this subsection (4)(b) at any time within ninety days after receipt of the notice. The authority shall not select a proposed affordable rental housing project if the county or municipality in which the project is to be located objects to the project in accordance with this subsection (4)(b).
(II) Each county and municipality in which a proposed affordable rental
housing project will be located must solicit feedback from other local governmental jurisdictions in the area in which the project will be located to determine the impact of the proposed affordable rental housing project on the other local governmental jurisdictions.
(III) During the ninety day notice period pursuant to subsection (4)(b)(I) of this
section, the authority shall use best efforts to work in cooperation with overlapping local governmental entities for any proposed affordable rental housing project. If after negotiations, a county or a municipality, or both, within which boundaries a proposed affordable rental housing project will be located and that has opted into the pilot program set forth in subsection (1)(a) of this section, provides written notice to the authority that the proposed affordable rental housing project is not feasible as proposed, with the reasons why the project is not feasible, the authority shall not select the proposed affordable rental housing project or shall request that the proposal be resubmitted for reconsideration by the authority and the applicable county or municipality, or both, and shall take into account feedback received from the local governmental entities. Nothing in this subsection (4)(b)(III) precludes a local government from objecting to a project proposal that is resubmitted to the authority. If the proposal is approved by the county or municipality, or both as applicable, or if no feedback is received by the authority from the county or municipality, or both as applicable, then the authority may select the affordable rental housing project.
(IV) If a county or municipality has not approved or objected to the project
within seventy-five days of the date the authority delivers its first notice regarding the proposed project in accordance with subsection (4)(b)(I) of this section, the authority must deliver a second notice reminding the county or municipality that any objections to the proposed project are due within ninety days after receipt of the first notice sent pursuant to subsection (4)(b)(I) of this section.
(V) A county or municipality may approve a proposed affordable rental
housing project at any time, which approval ends the ninety day objection period set forth in this subsection (4)(b). The authority may offer incentives to obtain such approval.
(5) When an affordable rental housing project is selected, the authority shall
enter into a contract with the person or group that submits the proposal based on the terms set forth in the proposal and any additional terms deemed appropriate by the authority and in accordance with the provisions set forth in this part 11. The authority may establish additional restrictions on developer fees, including caps on operating fees and other markups, which shall be set forth in the contract.
(6) All interests of the person or group whose proposal for an affordable
rental housing project is selected will be transferred to the authority or transferred as otherwise provided in a public-private partnership; except that, and subject to approval by the authority, a housing authority whose proposal is selected may retain a portion of interest in the affordable rental housing project. Notwithstanding the provisions of this subsection (6), the person or group of a selected affordable rental housing project shall not retain or otherwise be entitled to any interest in the affordable rental housing project or any right to payments from the revenues from the affordable rental housing project transferred to the authority or otherwise transferred in accordance with a public-private partnership, except for the person's or group's right to compensation and to reimbursement for expenses, which shall be clearly detailed in the contract between the authority and the person or group set forth in subsection (5) of this section. A public-private partnership may also provide for a person's or group's right to compensation and to reimbursement for expenses in connection with an affordable rental housing project.
(7) An affordable rental housing project and revenue from an affordable
rental housing project proposed by a person or group shall not be pledged or otherwise used for the payment of bonds or other obligations of projects proposed by any other person or group without the consent of both the person or group and other person or group.
(8) The affordable rental housing projects, assets of the authority, and the
appreciation in value and proceeds of any sale of an affordable rental housing project must be used to provide affordable middle-income workforce housing and shall not be diverted to any other use or for any other purpose while the authority is in existence.
(9) The authority shall contract with an outside group to evaluate the
success of its affordable rental housing projects.
(10) (a) Income-restricted rental units in affordable rental housing projects
must be affordable middle-income workforce housing, and rents for units of affordable rental housing projects must remain as stable as is financially feasible. To determine rent, the board shall consider information from market studies prepared in connection with the development of the affordable rental housing project and other available information adjusted as the board deems appropriate for the period since the information was compiled and any additional facts and circumstances applicable to the affordable rental housing project and the area in which it is located, with a goal of not exceeding thirty percent of the individual's or family's income. Rent set by the authority for income-restricted units must be at least ten percent below market rental rates and shall not exceed maximum rents for households of a given size and income level as established by the United States department of housing and urban development or published by the Colorado division of housing or other statewide authority on housing.
(b) Rental units in an affordable rental housing project shall not be rented on
a short-term basis.
(11) The authority shall create priorities for selecting tenants for units in an
affordable rental housing project that favor individuals who work, or families where at least one member of the family works, in the area in which the affordable rental housing project is located, in addition to other priorities that the board determines are appropriate based on the facts and circumstances applicable to the affordable rental housing project and the area in which it is located.
(12) The authority shall not utilize state funding where the money originates
from the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as the act may be subsequently amended, for any loan, grant, or other program established by Senate Bills 22-146, 22-159, and 22-160, enacted in 2022, and House Bills 22-1282 and 22-1304, enacted in 2022.
(13) The authority shall not use any funding available to it to acquire existing
properties supported with the federal low-income housing tax credit provided by section 42 of the internal revenue code, the Colorado state affordable housing tax credit authorized under part 21 of article 22 of title 39, or the United States department of agriculture 515 rural rental housing loan program subsidized properties.
(14) The authority shall not issue exempt facility bonds, as defined in section
142(a) of the internal revenue code of 1986, as amended, use private activity bonds volume cap allocation in the issuance of any bonds, or receive a direct allocation, statewide balance award or assignment of allocation of state ceiling under the Colorado private activity bond ceiling allocation act set forth in part 17 of article 32 of title 24, and the authority shall not use federal LIHTC or the Colorado state affordable housing tax credit authorized under part 21 of article 22 of title 39 for its affordable rental housing projects.
Source: L. 2022: Entire part added, (SB 22-232), ch. 354, p. 2527, � 2,
effective June 3. L. 2023: (6) amended, (SB 23-035), ch. 317, p. 1921, � 5, effective June 2. L. 2024: (14) amended, (HB 24-1316), ch. 287, p. 1927, � 2, effective May 30.
C.R.S. § 29-4-1203
29-4-1203. Right of first offer - eligibility - process - notice - definition. (1) Definition of qualifying property. As used in this section, unless the context otherwise requires, qualifying property means a multifamily residential or mixed-use rental property consisting of not more than one hundred units and not less than fifteen units and excluding existing affordable housing and a mobile home park as defined in section 38-12-201.5 (6). For the purpose of determining whether a property consists of at least the minimum number of units set forth in this subsection (1) for a qualifying property, an accessory dwelling unit does not count as a unit.
(2) Local government's right of first offer. (a) In accordance with this part
12, the local government for the jurisdiction in which a qualifying property is located has a right of first offer to make an offer to purchase the qualifying property before the qualifying property is listed for sale to third parties.
(b) The local government's right of first offer concerning the qualifying
property is limited to preserving or converting the qualifying property to long-term affordable housing or a mixed-income development directly or through another entity to which the local government assigns its rights pursuant to subsection (2)(d) of this section or transfers the qualifying property. If a qualifying property is classified as mixed-use, the local government's offer must include any commercial portion of the qualifying property, but only the residential portion of the qualifying property is subject to affordability requirements.
(c) The local government, in exercising its right of first offer, may partner
with a nonprofit entity, a private entity, a quasi-governmental entity, or another governmental entity to co-finance, lease, or manage the qualifying property for the public purpose of maintaining the qualifying property as long-term affordable housing or a mixed-income development if the local government or its assignee maintains ownership of the qualifying property either directly or through a special purpose entity or affiliate.
(d) At any time, the local government may assign the right of first offer
regarding a qualifying property to a local or regional housing authority or the Colorado housing and finance authority, subject to the requirements that the qualifying property is used to preserve or be converted to long-term affordable housing or a mixed-income development and that all other provisions of this part 12 apply to the assignee. The assignee must immediately notify the residential seller of any assignment pursuant to this subsection (2)(d), and the notice must include the assignee's address to receive any notices that the residential seller is required to send in accordance with this section. The local government remains liable for obligations pursuant to this part 12 accruing prior to the assignment and upon assignment, the assignee assumes all liability of the local government regarding the exercise of the right of first offer and is responsible for performing all requirements pursuant to this part 12, in each case accruing from and after the assignment, with respect to a qualifying property as if the assignee were the local government.
(e) (I) The governing body of a local government has the right to waive the
right of first offer provided in this section.
(II) (A) If the governing body of a local government has waived its right of
first offer, it shall post a notice in a conspicuous location on its website indicating that there is a waiver and that residential sellers with qualifying properties within its jurisdiction do not have an obligation to comply with this section.
(B) The notice posted in accordance with subsection (2)(e)(II)(A) of this
section must be effective for at least three months after it is posted and must explicitly state the date it expires, if any.
(C) Failure to post notice pursuant to this subsection (2)(e)(II) does not
otherwise affect the local government's right of first offer.
(f) Notwithstanding anything in this section to the contrary, at any time prior
to the residential seller and the local government entering into a contract for the purchase of the qualifying property by the local government, the residential seller may reject the local government's offer and otherwise terminate negotiations with the local government.
(g) If the local government waives or is deemed to have waived its right of
first offer in accordance with this section or if a residential seller rejects the local government's offer in accordance with subsection (2)(f) of this section, the residential seller has no obligation to provide initial or additional notice, as applicable, to the local government or otherwise offer or re-offer, as applicable, the qualifying property to the local government pursuant to any provision of this section unless a transaction for the sale of the qualifying property does not close within twelve months of either the local government's waiver or deemed waiver or rejection by the residential seller of the local government's offer, whichever is earlier; except that, if the contract for sale to a third party has a duration longer than twelve months, then the twelve-month period is extended to match the term of the contract.
(3) Notice requirements generally. (a) (I) Any notices required to be
provided to the local government pursuant to this section must be delivered to the clerk of the governing body of the local government by electronic mail; except that, if there is not an electronic mailing address available for the clerk, then by hand delivery, United States first class mail, or overnight delivery.
(II) Notwithstanding subsection (3)(a)(I) of this section, if the local
government assigns its right of first offer and the assignee provides notice of the assignment to the residential seller pursuant to subsection (2)(d) of this section, then upon and after receipt of notice of the assignment, the residential seller shall send by electronic mail any required notices pursuant to this section to the address specified by the assignee; except that, if there is not an electronic mailing address provided by the assignee, then by hand delivery, United States first class mail, or overnight delivery.
(b) Any notices provided to the residential seller pursuant to this section
must be delivered to the physical address provided by the residential seller in accordance with subsection (5)(a)(II) of this section or, upon election by the residential seller, by electronic mail to the electronic mailing address provided by the residential seller to the local government.
(c) Any notice provided pursuant to this section is deemed delivered on the
date it is sent by electronic mail, the date it is hand delivered, the date after the day it is deposited for delivery by overnight delivery, or the date that is two business days after the day it is deposited in the United States mail, as applicable.
(4) Notice by residential seller, local government's intent, and
nondisclosure agreement. (a) Before a residential seller enters into an agreement with a licensed broker to solicit and procure purchasers for a qualifying property or otherwise lists a qualifying property for sale on the multiple listing service, the residential seller shall provide notice to the governing body of the local government in which the qualifying property is located that the residential seller intends to sell the qualifying property.
(b) The local government has seven calendar days from the date of receiving
the notice required by subsection (4)(a) of this section to provide a written response to the residential seller indicating that the local government either:
(I) Is interested in receiving due diligence information on the qualifying
property so that it can evaluate whether it wants to make an offer to purchase the qualifying property, which response must contain a nondisclosure agreement in a form acceptable to the residential seller that the local government has executed, except as otherwise governed by law or court order; or
(II) Waives any right of the local government to purchase the qualifying
property.
(c) If the local government does not respond within the seven-day period
required by subsection (4)(b) of this section, it is deemed to have waived its right of first offer with respect to the qualifying property.
(5) Residential seller's notice of terms. (a) If the local government provides
notice in accordance with subsection (4)(b) of this section, the residential seller has five calendar days from receipt of the notice to provide a notice to the local government that includes:
(I) The address and name of the qualifying property, if any, and the legal
description of the qualifying property;
(II) The residential seller's address and, if available, electronic mailing
address to receive notices from the local government;
(III) A rent roll for the qualifying property showing the amount of rent
charged to tenants at the qualifying property;
(IV) The vacancy rate, operating expenses and income, and common area
amenities at the qualifying property;
(V) Any marketing materials that the residential seller has prepared on or
before the date of such notice and anticipates using in connection with listing the qualifying property for sale;
(VI) A current title commitment; and
(VII) The residential seller's executed version of the nondisclosure
agreement.
(b) Subject to and pursuant to the nondisclosure agreement executed in
accordance with subsection (4)(b) of this section, the local government may share the information contained in the notices required pursuant to this subsection (5) with its officers and employees for the purposes of evaluating or obtaining financing for the prospective transaction. Agents of the local government and prospective entities that the local government partners with pursuant to subsection (2)(c) of this section or prospective assignees pursuant to subsection (2)(d) of this section must each sign a nondisclosure agreement for the respective entity. An entity that has executed a nondisclosure agreement may share the information contained in the notices required pursuant to this subsection (5) with its officers and employees for the purposes of evaluating or obtaining financing for the prospective transaction. The information contained in the notice must be kept confidential and is confidential information not subject to public disclosure.
(6) Notice by the local government. (a) A local government has fourteen
calendar days from the date of receiving the notice required by subsection (5)(a) of this section to provide a written response to the residential seller that either:
(I) Makes an offer to purchase the qualifying property setting forth the price,
terms, and conditions of the offer; or
(II) Waives any right of the local government to purchase the qualifying
property.
(b) If the local government does not provide a response within the fourteen-day period set forth in subsection (6)(a) of this section, the local government's right
of first offer is deemed waived.
(7) Process after offer is made. (a) The residential seller has fourteen
calendar days after receipt of the local government's offer made pursuant to subsection (6)(a)(I) of this section to notify the local government that it either accepts or rejects the offer. During this period, the residential seller may initiate negotiations in good faith with the local government, which may include discussing alternative price, terms, or conditions for the purchase of the qualifying property. If the residential seller does not provide notice of its acceptance or rejection of the local government's offer in the fourteen-day period pursuant to this subsection (7)(a), the offer is deemed rejected.
(b) If the residential seller accepts the local government's offer or accepts
an offer negotiated with the local government, the local government and the residential seller have thirty calendar days after the date of the residential seller's receipt of the local government's notice provided in accordance with subsection (6)(a)(I) of this section to negotiate and execute a contract for the purchase of the qualifying property by the local government. The contract must require the transaction to close no later than sixty days after its execution, unless both parties agree to other terms.
(8) Certificate of compliance. Within fourteen calendar days of receipt of
notice required by subsection (4)(a) of this section unless the local government provides notice pursuant to subsection (4)(b) of this section and then within fourteen calendar days of receipt of the notice required by subsection (5)(a) of this section, the local government or its assignee shall execute and record a certificate of compliance in the real property records of the county in which the qualifying property is situated. The certificate of compliance must include the name of the residential seller, a legal description of the qualifying property, and a statement that the residential seller has complied with all the applicable provisions of this section. The recorded certificate of compliance is prima facie evidence of the residential seller's compliance with this section and may be relied upon by a residential seller, any person claiming an interest in the qualifying property through a residential seller, and a title insurance entity, as defined in section 10-11-102 (11).
Source: L. 2024: Entire part added, (HB 24-1175), ch. 286, p. 1910, � 1,
effective August 7.
C.R.S. § 29-4-704
29-4-704. Colorado housing and finance authority. (1) There is hereby created the Colorado housing and finance authority, which shall be a body corporate and a political subdivision of the state, shall not be an agency of state government, and shall not be subject to administrative direction by any department, commission, board, bureau, or agency of the state.
(2) The powers of the authority shall be vested in the governing body of the
authority, which shall be a board of directors consisting of:
(a) The state auditor;
(b) A member of the general assembly appointed jointly by the speaker of
the house and the majority leader of the senate to serve for the legislative biennium. The legislative member shall be appointed in January at the beginning of the regular session held in odd-numbered years.
(c) Eight persons, who shall be appointed by the governor, with the consent
of the senate, as follows:
(I) One member who shall be experienced in mortgage banking;
(II) One member who shall be experienced in real estate transactions;
(III) Six additional members to be appointed without regard to their
occupations; except that, in making such appointments, the governor shall give strong consideration to the appointment of a member trained in architecture and a member trained in city or regional planning;
(d) An executive director of a principal department of the state government
appointed by the governor who shall serve at the pleasure of the governor.
(3) Each member appointed by the governor shall be appointed for a term of
four years; except that the terms shall be staggered so that no more than three members' terms expire in the same year.
(4) Each member shall hold office for the member's term and until a
successor is appointed. Any member is eligible for reappointment, but members are not eligible to serve more than two consecutive full terms. Members of the board serve without compensation for such services but are entitled to be reimbursed for their necessary expenses while serving as a member of the board. Any vacancy shall be filled in the same manner as the original appointments for the unexpired term.
(5) Any appointed member of the board may be removed by the governor,
and the legislative representative by the speaker of the house and the majority leader of the senate, for malfeasance in office, failure to regularly attend meetings, or for any cause which renders said member incapable of or unfit to discharge the duties of his office.
(6) No part of the revenues or assets of the authority shall inure to the
benefit of, or be distributed to, its members or officers or any other private persons or entities.
(7) The authority and its corporate existence shall continue until terminated
by law; except that no such law shall take effect so long as the authority has bonds, notes, or other obligations outstanding, unless adequate provision has been made for the payment thereof. Upon termination of the existence of the authority, all its rights and properties in excess of its obligations shall pass to and be vested in the state.
Source: L. 73: p. 806, � 1. C.R.S. 1963: � 69-11-3. L. 75: Entire section R&RE,
p. 971, � 3, effective April 9. L. 77: (6) and (7) added, p. 1417, � 2, effective May 14. L. 87: (1) amended, (2)(c) R&RE, and (2)(d) and (3)(c) added, p. 1192, �� 4, 5, 6, 7, effective May 20; IP(3)(a) and (3)(b) amended and (3)(d) added, p. 912, � 25, effective June 15; (3)(c) amended, p. 1589, � 67, effective July 10. L. 2022: (3) and (4) amended, (SB 22-013), ch. 2, p. 72, � 96, effective February 25.
Editor's note: This section was originally numbered as � 29-4-703 in C.R.S.
1973 but was renumbered on revision in the 1977 replacement volume for ease of location.
Cross references: For the provisions that designate the Colorado housing
and finance authority as a special purpose authority for the purposes of section 20 of article X of the Colorado constitution, see � 24-77-102 (15); for limitation on issuance of private activity bonds, see part 17 of article 32 of title 24.
C.R.S. § 29-8-124
29-8-124. Sale of property for nonpayment. The county treasurer shall receive payment of all installment payments of assessments appearing upon the assessment roll, with interest. In case of default in the payment of any installment of principal or interest when due, the county treasurer shall advertise and sell any property concerning which such default is suffered for the payment of the whole of the unpaid assessment thereon. Said advertisements and sales shall be made at the same times, in the same manner, under all the same conditions and penalties, and with the same effect as provided by general law for sales of real estate in default of payment of general taxes.
Source: L. 71: p. 996, � 1. C.R.S. 1963: � 89-23-24.
C.R.S. § 30-1-102
30-1-102. Fees of county treasurer - repeal. (1) The county treasurer shall charge and receive the following fees:
(a) Upon all money received by him or her for town and city taxes except as
otherwise provided in section 42-3-107 (24)(c), whether such towns or cities are incorporated under the general laws or by special charter, and anything in said charter to the contrary notwithstanding, and upon all school taxes in counties of the first class, one percent; in counties of the second class, one percent; in counties of every other class, one percent on school taxes and two percent on town and city taxes; except that a collection fee not exceeding one-quarter of one percent shall be charged as provided in section 22-54-119 and no collection fee shall be charged on other school taxes exempt by law from said collection fees;
(b) Upon all moneys received by him for taxes of every other kind in counties
of the first class, one percent; second class, one and one-half percent; third class, two percent; fourth class, three percent; fifth class, five percent;
(c) For receiving all moneys other than taxes, one percent, except moneys
received from all federal funds derived from any and all sources. No collection fees shall be charged upon any moneys collected and distributed under the provisions of sections 22-54-106 and 22-54-115, C.R.S., or upon other school moneys exempt by law from said collection fees;
(d) Repealed.
(e) For advertising delinquent personal property taxes, ten dollars or the
cost of advertising, whichever is greater;
(f) For certifying the amount of taxes due on any parcel of real estate, and
for certifying outstanding sales for unpaid taxes with the amount required for redemption, ten dollars for each certificate;
(g) In connection with a sale for delinquent taxes, for advertising each
property description that is separately identified by its own parcel number for general property tax purposes, the estimated cost of advertising but not less than ten dollars;
(h) Repealed.
(i) For each certificate of purchase delivered, four dollars;
(j) For endorsing the amount of subsequent taxes paid on tax certificates
and the date of payment in the book of tax sales, five dollars for each certificate;
(k) For processing an application for treasurer's deed, thirty-five dollars if
the application is not advertised and seventy-five dollars if the application is advertised;
(l) For the assignment of a certificate of purchase, made to the county, city,
town, or city and county at any tax sale, to a person desiring to purchase land covered by such certificate, four dollars;
(m) For each notice of purchase required by section 39-11-128 (1), C.R.S., to
be served before a treasurer's deed may be issued, the cost of publication in a newspaper where such publication is required;
(n) For each certificate of redemption delivered, seven dollars;
(o) (I) For services in collecting drainage district assessments on or before
December 31, 2025, such amount as the board of directors of the district may allow, but not less than twenty-five dollars nor more than one hundred dollars per annum. This subsection (1)(o)(I) is repealed, effective July 1, 2026.
(II) For services in collecting drainage district assessments on and after
January 1, 2026, twenty-five hundredths of one percent upon all money received by the county treasurer for assessments levied by the drainage district;
(p) (I) For services in collecting irrigation district assessments on or before
December 31, 2025, such amount as the board of directors of the district may allow, but not less than twenty-five dollars nor more than one hundred dollars per annum. This subsection (1)(p)(I) is repealed, effective July 1, 2026.
(II) For services in collecting irrigation district assessments on and after
January 1, 2026, twenty-five hundredths of one percent upon all money received by the county treasurer for assessments levied by the irrigation district;
(q) For services rendered in handling the payment of principal and interest
on bonds of a school district, such amount as the county treasurer and the board of education shall agree upon, which shall be determined in accordance with the prevailing rate charged for similar services rendered by commercial banks in the state of Colorado;
(r) For preparation of a distraint warrant, fifteen dollars;
(s) For research, the amounts specified in section 24-72-205;
(t) For the notice, computation, and recording provided in section 32-1-1604,
C.R.S., thirty dollars.
(1.5) The county treasurer may charge and receive the fee specified in
section 42-4-510 (2)(a) for issuing an authentication of paid ad valorem taxes and a transportable manufactured home permit.
(2) None of the provisions of this section shall be applicable to any moneys
received or collected by any county treasurer for any hospital established under the provisions of part 3 of article 3 of title 25, C.R.S., or for any health service district embracing only an entire county established under the provisions of article 1 of title 32, C.R.S.
(3) In addition to any other fees to which the county treasurer is entitled and
notwithstanding the provisions of subsection (2) of this section, the county treasurer may charge an administrative fee of five dollars when the payment of any real property tax statement, exclusive of any license fees collected pursuant to sections 35-40-205 and 35-57.5-116, C.R.S., is less than ten dollars. The fee shall be credited to the county general fund, pursuant to section 30-25-105, to cover the cost of processing such tax statement.
Source: L. 1891: p. 211, � 6. L. 1897: p. 159, � 1. R.S. 08: � 2537. C.L. � 7887.
CSA: C. 66, � 25. CRS 53: � 56-4-2. L. 55: p. 385, � 1. L. 56: p. 147, �� 1, 2. L. 59: p. 441, � 1. L. 63: p. 490, � 1. C.R.S. 1963: � 56-4-2. L. 71: p. 325, � 2. L. 73: p. 1433, � 1. L. 75: (1)(i), (1)(k), and (1)(n) amended, p. 1478, � 1, effective June 26. L. 79: (1)(q) added, p. 792, � 2, effective May 22. L. 81: (2) amended, p. 1612, � 9, effective July 1. L. 84: (3) added, p. 813, � 1, effective March 29. L. 87: (3) amended, p. 1202, � 1, effective April 30. L. 88: (1)(a) and (1)(c) amended, p. 823, � 35, effective May 24; (1)(d), (1)(f), (1)(g), and (1)(i) to (1)(n) amended and (1)(r) and (1)(s) added, p. 1105, � 1, effective January 1, 1989. L. 90: (1)(e) amended, p. 1695, � 15, effective June 9. L. 91: (1)(h) repealed, p. 1972, � 1, effective March 27; (1)(t) added, p. 2426, � 7, effective June 8. L. 94: (1)(a) and (1)(c) amended, p. 824, � 53, effective April 27. L. 95: (3) amended, p. 1105, � 45, effective May 31. L. 96: (2) amended, p. 472, � 7, effective July 1. L. 97: (3) amended, p. 182, � 13, effective March 31. L. 99: (1)(a) amended, p. 177, � 5, effective January 1, 2000. L. 2020: (1)(a) and (1)(s) amended, (1)(d) repealed, and (1.5) added, (HB 20-1077), ch. 80, p. 323, � 1, effective September 14. L. 2023: (1)(o) and (1)(p) amended, (SB 23-057), ch. 53, p. 188, � 1, effective January 1, 2024.
C.R.S. § 30-1-104
30-1-104. Fees of sheriff. (1) Fees collected by sheriffs shall be as follows:
(a) For serving and returning summonses or other writ of process in a
criminal action not specified in this section, with or without complaint attached, on each party served, in counties of every class, actual expenses, but not more than fifteen dollars;
(a.5) For serving and returning a summons or other writ of process in other
than a criminal action not specified in this section, with or without complaint attached, on each party served, in counties of every class, actual expenses, but not more than thirty-five dollars;
(b) For making a return on a summons in a criminal action not served, for
each party, in counties of every class, actual expenses, but not more than five dollars;
(b.5) For making a return on a summons in other than a criminal action not
served, for each party, in counties of every class, actual expenses, but not more than twenty dollars;
(c) For serving and returning each subpoena in a criminal action on each
witness, in counties of every class, actual expenses, but not more than seven dollars and fifty cents;
(c.5) For serving and returning each subpoena in other than a criminal action
on each witness, in counties of every class, actual expenses, but not more than sixty dollars;
(d) For making return on a subpoena in a criminal action not served, in
counties of every class, five dollars;
(d.5) For making a return on a subpoena in other than a criminal action not
served, in counties of every class, actual expenses, but not more than twenty dollars;
(e) For serving each juror in counties of every class, ten dollars;
(f) For serving and returning writ of attachment or replevin on each party, in
counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;
(g) For serving garnishee summons on each party, in counties of every class,
actual expenses, but not more than twenty dollars;
(h) Mileage for each mile actually and necessarily traveled in serving each
writ, subpoena, or other process in a criminal action, not less than twelve cents nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county; except that actual and not constructive mileage shall be allowed in all cases; and, where more than one warrant is served by any officer on one trip, the actual mileage only shall be allowed such officer, and the actual mileage shall be apportioned among the several warrants served on the trip;
(h.5) For mileage:
(I) Not to exceed the mileage rate authorized for county officials and
employees pursuant to section 30-11-107 (1)(t), for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in an action other than a criminal action; or
(II) A sheriff may establish a zone- or zip code-based mileage fee structure.
The zone- or zip code-based mileage fee structure shall establish a single mileage fee for the service of any writ, subpoena, or other process in an action, other than a criminal action, in each separate zone or zip code, as applicable, in the county. The applicable single mileage fee for a zone or zip code shall be charged for all papers served in the zone or zip code regardless of the number of attempts or actual mileage traveled by a sheriff within the zone or zip code during a sheriff's operational period. The single mileage fees for each zone or zip code shall be set by resolution of the board of county commissioners for the county and posted pursuant to section 30-1-108.
(i) In making demand for payment on executions when payment is not made,
in counties of every class, one dollar;
(j) For levying execution or writ of attachment, besides actual custodial and
transportation costs necessarily incurred in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;
(k) For levying writ of replevin, besides actual custodial and transportation
costs necessarily incurred in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;
(l) No custodian shall be appointed by the sheriff to take custody of goods by
him or her attached, nor shall any deputy be placed in charge thereof, unless the plaintiff or his or her attorney shall request the appointment of such custodian in writing; such custodian or deputy shall receive twelve dollars per diem of twelve hours, or fraction thereof, which shall be taxed as costs in the case;
(m) For making and filing for record a certificate of levy on attachment or
other cases, in counties of every class, actual expenses, but not more than thirty dollars;
(n) For committing and discharging convicted prisoners to and from the
county jail, in counties of every class, a reasonable fee, not to exceed thirty dollars, which fee shall be collected directly from prisoners at the time of commitment, but shall be refunded to any prisoner who is not convicted;
(o) For serving writ with aid of posse comitatus with actual expenses
necessarily incurred in executing said writ, in counties of every class, actual expenses, but not more than sixty dollars; for serving same without aid in counties of every class, actual expenses, but not more than four dollars;
(p) For attending before any judge, court not being in session, with prisoners
with writ of habeas corpus for each day of twelve hours, or fraction thereof, in counties of every class, twelve dollars;
(q) For attending courts of record when in session, per diem of twelve hours,
or fraction thereof, in counties of every class, twelve dollars; but the attendance upon the county court shall be certified by the judge of said court at the close of each month;
(r) For advertising property for sale, besides the actual cost of the
advertising, in counties of every class, actual expenses, but not more than thirty dollars;
(s) For making certificates of sale previous to execution of deed, or on sales
of personal property, in counties of every class, actual expenses, but not more than thirty dollars;
(t) For executing and acknowledging deed of sale of real estate, in counties
of every class, actual expenses, but not more than forty dollars;
(u) For taking, approving, and returning bond in any case, in counties of every
class, a reasonable fee, not to exceed ten dollars;
(v) For executing capias or warrant in criminal cases, on each prisoner named
therein, in counties of every class, two dollars;
(w) For transporting insane or other prisoners, besides the actual expenses
necessarily incurred, in counties of every class, not less than twelve cents per mile nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county, and for the service of mittimus or other process order, whether written or otherwise, in transporting prisoners, in counties of every class, not less than twelve cents per mile nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county; except that such mileage shall be only by one officer and no mileage shall be charged upon the guards attending the officer having custody of the prisoner and further except that the guards attending the officer in charge of the prisoner shall receive, besides the expenses necessarily incurred, the sum of twelve dollars per diem of twelve hours, or fraction thereof, to be paid out of the county treasury;
(x) For his or her services in sales of real estate on an execution or decree,
order of court, or other court process, besides actual expenses, in counties of every class on all bids under three thousand dollars, twenty dollars; and on all sums bid over three thousand dollars, one percent; but such commission shall in no case exceed the sum of one hundred dollars;
(y) For money collected by sale of personal property, in counties of every
class, on all sums bid under five hundred dollars, five percent; on all sums bid over five hundred dollars and under one thousand dollars, six percent; and on all sums bid over one thousand dollars, seven percent; but no fee shall be charged for an auctioneer or other person for making sales of personal property; and in no case shall such commission exceed the sum of one hundred dollars;
(z) For money collected or settlements made without sale, after writ of
execution, attachment, or replevin has been placed in his or her hands and levy or demand for payment has been made on the proper party, in counties of every class, on all amounts under five hundred dollars, three percent; on all amounts over five hundred dollars and under one thousand dollars, two percent; and on all amounts over one thousand dollars, one and one-half percent; but the fee in no case shall exceed the sum of one hundred and fifty dollars; and the plaintiff or any person making any settlement shall be liable to the sheriff for such fees;
(aa) For pursuing and capturing, or pursuit without capture, when previously
authorized by the board of county commissioners, each prisoner charged with the commission of any crime denominated a felony, beyond the limits of said county, in counties of every class, all necessary expenses of such pursuit, upon a verified, itemized account being presented for the same, together with twelve dollars per diem of twelve hours for the time occupied in such pursuit;
(bb) For serving and returning writ of ne exeat or body attachment, in
counties of every class, actual expenses, but not more than twenty dollars;
(cc) For serving copy of execution when making levy on shares of stock
under execution, on each party served, in counties of every class, actual expenses, but not more than sixty dollars;
(dd) For making certificates of levy on shares, or otherwise, in counties of
every class, actual expenses, but not more than thirty dollars;
(ee) For making return on execution, in counties of every class, actual
expenses, but not more than sixty dollars;
(ff) For executing certificate of redemption, in counties of every class, actual
expenses, but not more than thirty dollars;
(gg) For service and execution of any writ of restitution or order of
possession of premises, besides actual transportation costs necessarily incurred in counties of every class, actual expenses not to exceed two hundred dollars; except that a sheriff may charge for actual expenses in excess of two hundred dollars if the work performed exceeds two hours in duration. A sheriff may charge a fee under this paragraph (gg) after the sheriff has provided a detailed accounting of his or her actual expenses to the person requesting such service. Actual transportation costs assessed pursuant to this paragraph (gg) shall only be charged once per location for each service or execution.
(1.5) If the cost of serving any writ of restitution or order of possession of
premises may be provided at a lower cost to a county by a private provider, such county shall contract with a private provider pursuant to a competitive bidding system in which a contract to provide the service of such writs is awarded to the lowest bidder. The provisions of this subsection (1.5) shall not be deemed to authorize that services related to the execution of any writ of restitution or order of possession of premises be provided through private contracting.
(2) As used in this section, actual expenses means those personnel and
processing costs incurred in typing, processing, filing, and serving said process papers but does not include mileage. Subject to the limitations contained in this section, the fee for each type of service shall be fixed by ordinance or resolution.
Source: L. 1891: p. 205, � 4. R.S. 08: � 2532. L. 21: p. 312, � 1. C.L. � 7882.
CSA: C. 66, � 16. CRS 53: � 56-4-7. L. 55: p. 390, � 1; C.R.S. 1963: � 56-4-8. L. 69: p. 386, � 1. L. 77: (1)(a), (1)(c), (1)(f), (1)(g), (1)(j), (1)(k), (1)(m) to (1)(t), and (1)(cc) to (1)(ff) amended and (2) added, p. 1429, � 1, effective July 1. L. 78: (1)(n) and (1)(w) amended, p. 442, � 1, effective March 3. L. 84: (1)(a), (1)(b), (1)(d), (1)(e), and (1)(w) to (1)(z) amended, p. 814, � 1, effective March 16. L. 88: (1)(j) and (1)(k) amended and (1)(gg) and (1.5) added, p. 1109, �� 1, 2, effective July 1. L. 94: (1)(u) amended, p. 1238, � 8, effective May 22. L. 96: (1) amended, p. 747, � 1, effective July 1. L. 2001: (1)(a.5), (1)(b.5), (1)(c.5), (1)(d.5), (1)(e), (1)(f), (1)(g), (1)(h.5), (1)(j), (1)(k), (1)(m), (1)(o), (1)(r), (1)(s), (1)(t), (1)(bb), (1)(cc), (1)(dd), (1)(ee), (1)(ff), and (1)(gg) amended, p. 436, � 1, effective July 1. L. 2004: (1)(n) amended, p. 631, � 1, effective July 1. L. 2005: (1)(f), (1)(j), (1)(k), and (1)(gg) amended, p. 263, � 2, effective August 8. L. 2010: (1)(b.5), (1)(d.5), and (1)(h.5) amended, (HB 10-1057), ch. 118, p. 396, � 1, effective August 11.
C.R.S. § 30-10-101
30-10-101. Offices - inspection of records - failure to comply - penalty. (1) (a) Every sheriff, county clerk and recorder, and county treasurer shall keep his or her respective office at the county seat of the county and in the office provided by the county, if any such has been provided, or, if there is none provided, then at such place as the board of county commissioners shall direct. Subject to the provisions of part 2 of article 72 of title 24, C.R.S., and any judicially recognized right of privacy, all books and papers required to be in such offices shall be open to the examination of any person, but no person, except parties in interest, or their attorneys, shall have the right to examine pleadings or other papers filed in any cause pending in such court.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (1), the
sheriff, county clerk and recorder, county treasurer, and clerk of the district and county courts may maintain his or her office at a location other than the county seat when authorized to do so pursuant to part 1 of article 5 of title 13, C.R.S.
(c) Notwithstanding any other provision of law to the contrary, the sheriff,
county clerk and recorder, and county treasurer may keep one or more offices outside of the county seat or such other place authorized pursuant to part 1 of article 5 of title 13, C.R.S. Any such office shall be in addition to his or her respective office kept pursuant to paragraph (a) of this subsection (1) and shall be within the same county. Any such additional office may be kept only if the board of county commissioners of such county makes office space or funding available to provide for the office.
(d) As used in this section, office shall mean a place where some or all of
the duties of a sheriff, county clerk and recorder, county treasurer, or clerk of the district and county courts are conducted.
(2) Subject to the provisions of subsection (2.5) of this section, any person or
corporation and their employees engaged in making abstracts or abstract books or in the business of title insurance, as defined in section 10-11-102 (3), C.R.S., shall have the right, during usual business hours and subject to such rules and regulations as the officer having the custody of such records may prescribe, to inspect and make memoranda, copies, or photographs of the contents of all such books and papers for the purpose of their business; but any such officer may make reasonable and general regulations concerning the inspection of such books and papers by the public or by such abstractors or title insurance personnel. If, for the purpose of making such copies, it becomes necessary to remove such records from the room where they are usually kept to some other room in the courthouse where such copying apparatus may be installed for such purpose, the county clerk and recorder, in his or her discretion, may charge to the person or corporation making such copies a fee of ten dollars per hour for the service of the deputy who has charge of such records while they are being so copied; but such fees shall not be charged to one person or corporation unless the same fee is likewise charged to every person or corporation copying such records.
(2.5) (a) In lieu of affording the right of inspection and copying set forth in
subsection (2) of this section, any clerk and recorder may make available to abstractors, title insurance personnel, and others, by subscription and on such medium as the clerk and recorder shall determine in accordance with the provisions of section 30-10-407, a daily copy in bulk of all documents recorded and filed in such office or less than all if the clerk and recorder determines it to be feasible to sort the bulk as requested. Such bulk copy shall be available to the subscriber no later than the third business day following the date of recording or filing. The fee to be charged by the clerk and recorder for bulk copies supplied in accordance with this subsection (2.5) shall be sufficient to cover the direct and indirect costs of production incurred by the clerk and recorder.
(b) Upon tender of the appropriate fee as provided in section 30-1-103 (2)(j),
the clerk and recorder shall furnish single copies of documents upon demand.
(c) The clerk and recorder shall not be required to conduct a search of the
real estate records in order to locate any document for copying or for any other purpose.
(3) If any person or officer refuses or neglects to comply with the provisions
of this section, he shall forfeit for each day he so refuses or neglects the sum of five dollars, to be collected by civil action, in the name of the people of the state of Colorado, and pay it into the school fund; but this shall not interfere with or take away any right of action for damages by any person injured by such neglect or refusal.
Source: G.L. � 554. L. 1885: p. 157, � 1. R.S. 08: � 1352. L. 13: p. 227, � 1. L. 19:
p. 368, � 1. C.L. � 8829. CSA: C. 45, � 176. CRS 53: � 35-1-1. C.R.S. 1963: � 35-1-1. L. 77: (1) amended, p. 1435, � 1, effective May 26. L. 83: (2) amended, p. 1226, � 5, effective July 1. L. 91: (2) amended, p. 709, � 5, effective July 1. L. 93: (1) amended, p. 91, � 2, effective July 1. L. 96: (2) amended and (2.5) added, p. 1556, � 3, effective July 1. L. 2001: (1)(c) and (1)(d) added, p. 652, � 1, effective May 30. L. 2010: (1)(a) amended, (HB 10-1062), ch. 161, p. 556, � 1, effective August 11. L. 2014: (2.5)(a) amended, (HB 14-1073), ch. 30, p. 176, � 4, effective July 1.
C.R.S. § 30-11-301
30-11-301. Definitions. As used in this part 3, unless the context otherwise requires:
(1) Landfill-generated methane gas means those gases resulting from the
biological decomposition of landfilled solid wastes, including methane, carbon dioxide, hydrogen, and traces of other gases, and shall be referred to in this part 3 as landfill gas.
(1.5) Oil and gas means oil, gas, casinghead gas, condensate, and
hydrocarbons or any one or more of them.
(2) Real estate owned by a county and county lands means any real
estate acquired and owned by a county under the laws relating to taxation or otherwise.
Source: L. 49: p. 328, � 5. CSA: C. 45, � 25(5). CRS 53: � 36-11-5. C.R.S.
1963: � 36-11-5. L. 80: (1) amended and (1.5) added, p. 651, �� 1, 2, effective July 1.
Cross references: For definitions applicable to this article, see � 30-26-301
(2)(d).
C.R.S. § 30-11-302
30-11-302. Oil, gas, and mineral rights - reservation of - sale. (1) In any sale of county lands made by any county acting through its board of county commissioners, a valid reservation of oil and gas and other minerals in such lands may be made when in the opinion of the board of county commissioners it is deemed to be for the best interest of the county. Oil and gas and other mineral rights or any of them thus reserved by a county upon the sale of such real estate may be sold by order of the board of county commissioners at public sale to the highest and best bidder after four weeks' prior notice by publication two times in a newspaper of general circulation in the county in which the land is situated, said notice to describe the oil and gas or other mineral rights to be sold, the location of the land involved, and the date, time, and place of such sale; but a copy of said notice shall be mailed, postage prepaid, by the board of county commissioners to the owner of the surface at the time of such notice as shown by the records in the office of the county assessor of the county in which such lands are situated at the last-known address of such owner as shown by said books of the county assessor, and that a copy of said notice shall be mailed, postage prepaid, by the board of county commissioners to the person in possession of the surface.
(2) In the sale of reserved oil and gas rights under any tract of land, the
number of acres contained in any one parcel or unit of sale of such rights shall not exceed the total number of acres of such surface land sold by the county to the purchaser thereof at the time of reservation therefrom of the oil and gas rights thus offered for sale. Nothing contained in this section shall prevent a county from selling any number of such units or parcels at any public sale. The board of county commissioners has the right to reject any and all bids.
(3) Mineral rights, other than oil and gas, reserved as provided in this section
may be leased for exploration, development, and production purposes upon such terms and conditions as may be prescribed and contracted by the board of county commissioners in the exercise of its best judgment and as such board deems to be for the best interests of the county. Any such lease of mineral rights, other than oil and gas, shall be for a term not to exceed twenty-five years and as long thereafter as such minerals are produced. Leases of any such mineral rights made or entered into by the board in conformity with the provisions of this section prior to February 25, 1955, are hereby confirmed, validated, and declared to be legal and valid insofar as the authority of any such board is concerned.
Source: L. 49: p. 326, � 1. CSA: C. 45, � 25(1). CRS 53: � 36-11-1. L. 55: p. 255,
� 1. C.R.S. 1963: � 36-11-1.
C.R.S. § 30-11-303
30-11-303. Oil and gas rights - leases - royalties. (1) Any county acting by its board of county commissioners may lease any real estate or any interest therein owned by the county for oil and gas exploration, development, and production purposes upon such terms and conditions as may be prescribed and contracted by the board of county commissioners in the exercise of its best judgment, and as such board deems to be for the best interests of the county.
(2) Any such lease of oil and gas rights shall be for a term not to exceed five
years and as long thereafter as oil or gas is produced and shall provide for a royalty of not less than twelve and one-half percent of all oil and gas produced, saved, and marketed, or the equivalent market value thereof, which royalty may be reduced proportionately under appropriate provision in such lease if the interest of the county is less than a full interest in the land or oil and gas rights in the land described in such lease.
(3) When, in the opinion of the board of county commissioners and because
of the size, shape, or current use of any tract of county real estate, the public interest so requires, any lease of such tract may provide that no drilling shall be conducted on the land covered thereby, in which case such lease shall be for a term not to exceed ten years and so long thereafter as the county may share in royalties payable on account of production of oil or gas from lands adjacent to such tract of county land so leased.
Source: L. 49: p. 327, � 2. CSA: C. 45, � 25(2). L. 53: p. 218, � 1. CRS 53: � 36-11-2. C.R.S. 1963: � 36-11-2.
C.R.S. § 30-15-401
30-15-401. General regulations - definitions. (1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article 15, the board of county commissioners may adopt ordinances for control or licensing of those matters of purely local concern that are described in the following enumerated powers:
(a) (I) (A) To provide for and compel the removal of rubbish, including trash,
junk, and garbage, from lots and tracts of land within the county, except industrial tracts of ten or more acres and agricultural land currently in agricultural use as the term agricultural land is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such rubbish, and to assess the reasonable cost thereof, including five percent for inspection and other incidental costs in connection therewith, upon the lots and tracts from which such rubbish has been removed. Ordinances passed by a board of county commissioners for the removal of rubbish pursuant to this sub-subparagraph (A) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which rubbish shall be removed. Any assessment pursuant to this sub-subparagraph (A) shall be a lien against such lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. In case such assessment is not paid within a reasonable time specified by ordinance, it may be certified by the clerk to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this sub-subparagraph (A).
(B) A county court or district court having jurisdiction over property from
which rubbish shall be removed pursuant to the ordinances authorized by sub-subparagraph (A) of this subparagraph (I) shall issue an administrative entry and seizure warrant for the removal of such rubbish. Such warrant shall be issued upon presentation by a county of ordinance provisions which meet the requirements of sub-subparagraph (A) of this subparagraph (I) and a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the property owner has received notice of the violation and has failed to remove the rubbish within a reasonable prescribed period of time, a general description of the location of the property which is the subject of the warrant, a general list of any rubbish to be removed from such property, and the proposed disposal or temporary impoundment of such rubbish, whichever the court deems appropriate. Within ten days following the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this sub-subparagraph (B), such warrant shall be executed in accordance with directions by the issuing court, a copy of such issued warrant shall be provided or mailed to the property owner, and proof of the execution of such warrant, including a written inventory of any property impounded by the executing authority, shall be submitted to the court by the executing authority.
(I.5) (A) To provide for and compel the removal of weeds and brush from lots
and tracts of land within the county except agricultural land currently in agricultural use as the term agricultural land is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such weeds and brush, and to assess the reasonable cost thereof, including ten percent for inspection and other incidental costs in connection therewith, upon the property from which such weeds have been removed. Ordinances passed by a board of county commissioners for the removal of weeds and brush pursuant to this sub-subparagraph (A) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which weeds and brush shall be removed. Any assessment pursuant to this sub-subparagraph (A) shall be a lien against such property until paid and shall have priority based on its date of recording. A county shall not compel the removal of weeds and brush pursuant to this sub-subparagraph (A) upon any lot or tract of land within the county during such time that a mortgage or deed of trust secured by the lot or tract of land is being foreclosed upon.
(B) In case such assessment is not paid within a reasonable time specified by
ordinance, it may be certified by the clerk to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of such assessments pursuant to this sub-subparagraph (B).
(C) A county court or district court having jurisdiction over property from
which weeds and brush shall be removed pursuant to the ordinances authorized by sub-subparagraph (A) of this subparagraph (I.5) shall issue an administrative entry and seizure warrant for the removal of such weeds and brush. Such warrant shall be issued upon presentation by a county of ordinance provisions which meet the requirements of sub-subparagraph (A) of this subparagraph (I.5) and a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the property owner has received notice of the violation and has failed to remove the weeds and brush within a reasonable prescribed period of time, a general description of the location of the property which is the subject of the warrant, and the proposed disposal of such weeds and brush. Within ten days following the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this sub-subparagraph (C), such warrant shall be executed in accordance with directions by the issuing court, a copy of such issued warrant shall be provided or mailed to the property owner, and proof of the execution of such warrant shall be submitted to the court by the executing authority.
(II) To inspect vehicles proposed to be operated in the conduct of the
business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials and to determine, among other things, that any such vehicle has the following:
(A) A permanent cover of canvas or equally suitable or superior material
designed to cover the entire open area of the body of such vehicle;
(B) A body so constructed as to be permanently leakproof as to such
discarded materials;
(C) Extensions of sideboards and tailgate, if any, constructed of permanent
materials;
(III) To contract with persons in the business of transporting and disposing of
ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials to provide such services, but in no event on an exclusive territorial basis, to every lot and tract of land requiring such services within the unincorporated area of the county or in conjunction with the county on such terms as shall be agreed to by the board of county commissioners. Nothing in this subparagraph (III) shall be deemed to preclude the owner or tenant of any such lot or tract from removing discarded materials from his lot, so long as appropriate standards of safety and health are observed.
(IV) To regulate the activities of persons in the business of transporting
ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials within the unincorporated area by requiring each such person to secure a license from the county and charging a fee therefor to cover the cost of administration and enforcement and by requiring adherence to such reasonable standards of health and safety as may be prescribed by the board of county commissioners and to prohibit any person from commercially collecting or disposing of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials within the unincorporated area without a license and when not in compliance with such standards of health and safety as may be prescribed by the board;
(V) To do all acts and make all regulations which may be necessary or
expedient for the promotion of health or the suppression of disease, limited to the following:
(A) In addition to the authority given counties under section 18-4-511, C.R.S.,
to restrain, fine, and punish persons for dumping rubbish, including trash, junk, and garbage, on public or private property;
(B) (Deleted by amendment, L. 2008, p. 2054, � 11, effective July 1, 2008.)
(C) To adopt reasonable regulations for controlling pollution caused by wood
smoke;
(D) In addition to the authority given counties under article 5 of title 35,
C.R.S., to establish mosquito control areas, to assess the whole cost thereof against those persons especially benefitted by the service, and, if a person's portion of the assessment is not paid within a reasonable time as specified by ordinance, to direct that the assessment, which shall be a lien against the property of such person, be certified by the county clerk and recorder to the county treasurer for collection in the same manner as other taxes are collected;
(VI) To require every person in the business of transporting ashes, trash,
waste, rubbish, garbage, or industrial waste products or any other discarded materials to and from disposal sites to have, before commencing such operations, in such motor vehicle a motor vehicle liability insurance policy or evidence of such policy issued by an insurance carrier or insurer authorized to do business in the state of Colorado in the sum of not less than one hundred fifty thousand dollars for damages for or on account of any bodily injury to or the death of each person as the result of any one accident, in the sum of not less than one hundred fifty thousand dollars for damages to the property of others as the result of any one accident, and in the total sum of not less than four hundred thousand dollars for damages for or on account of any bodily injury to or the death of all persons and for damages to the property of others. Any liability for failure to comply with the requirements of this subparagraph (VI) shall be borne by the individual, partnership, or corporation who owns such vehicle.
(b) To prevent and suppress riots, routs, affrays, disturbances, and disorderly
assemblies in any public or private place;
(c) To suppress bawdy and disorderly houses and houses of ill fame or
assignation; to suppress gaming and gambling houses, lotteries, and fraudulent devices and practices for the purpose of gaining or obtaining money or property; and to regulate the promotion or wholesale promotion of obscene material and obscene performances, as defined in part 1 of article 7 of title 18, C.R.S.;
(d) To restrain and punish loiterers and prostitutes;
(d.5) To discourage juvenile delinquency through the imposition of curfews
applicable to juveniles, the restraint and punishment of loitering by juveniles, and the restraint and punishment of defacement of, including the affixing of graffiti to, buildings and other public or private property by juveniles by means that may include restrictions on the purchase or possession of graffiti implements by juveniles. The board of county commissioners, when enacting an ordinance to carry out the powers granted by this subsection (1)(d.5), may make it unlawful for a retailer to sell graffiti implements to juveniles but shall not dictate the manner in which the retailer displays graffiti implements. For purposes of this subsection (1)(d.5), juvenile means a juvenile as defined in section 19-2.5-102 and graffiti implement means an aerosol paint container, broad-tipped marker, gum label, paint stick or graffiti stick, or etching equipment.
(e) To control unleashed or unclaimed animals, except those animals defined
in section 35-44-101 (1), C.R.S.;
(f) To use the county jail for the confinement or punishment of offenders,
subject to such conditions as are imposed by law and with the consent of the board of county commissioners;
(g) To authorize the acceptance of a bail bond when any person has been
arrested for the violation of any ordinance and a continuance or postponement of trial is granted. When such bond is accepted, it shall have the same validity and effect as bail bonds provided for under the criminal statutes of this state.
(h) (I) To control and regulate the movement and parking of vehicles and
motor vehicles on public property; except that:
(A) Misdemeanor traffic offenses and the posted speed limit on any state
highway located within the county are matters of statewide interest;
(B) For the purposes of any minimum parking requirement a board of county
commissioners imposes, the board of county commissioners is subject to article 35 of title 29 and section 30-28-140; and
(C) For the purpose of regulating the installation of electric vehicle charging
stations, the board of county commissioners is subject to section 30-28-212.
(II) The county may establish fire lanes and emergency vehicle access on
public or private property zoned commercial or residential and provide for fines and punishment of violators;
(i) To regulate and license escort bureaus, escorts, and escort bureau
runners to the extent permitted under article 11.8 of title 29;
(j) To regulate and license secondhand dealers to the extent permitted under
article 13 of title 18, C.R.S.;
(k) To regulate and license pawnbrokers as provided in section 29-11.9-102;
(k.5) To require registration of persons who engage in door-to-door selling of
merchandise or goods and the delivery thereof within the county; except that nonprofit organizations which are exempt from the income tax imposed under article 22 of title 39, C.R.S., and schools shall not be subject to county requirements imposed under this paragraph (k.5);
(l) (I) To adopt reasonable regulations for the operation of establishments
open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishment; except that such regulations shall not be tantamount to a complete prohibition of such operation. Such regulations may include the following:
(A) Minimum age requirements for admittance to such establishments;
(B) Limitations on the hours during which such establishments may be open
for business; and
(C) Restrictions on the location of such establishments with regard to
schools, churches, and residential areas.
(II) The board of county commissioners may enact ordinances which provide
that any establishment which engages in repeated or continuing violations of regulations adopted by the board shall constitute a public nuisance. The county attorney of such county, or the district attorney acting pursuant to section 16-13-302, C.R.S., may bring an action in the district court of such county for an injunction against the operation of such establishment in a manner which violates such regulations.
(III) Nothing in the regulations adopted by the board of county
commissioners pursuant to this paragraph (l) shall be construed to apply to the presentation, showing, or performance of any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.
(m) (I) In addition to the authority given counties in article 12 of title 25,
C.R.S., to enact ordinances which regulate noise on public and private property except as provided in subparagraph (II) of this paragraph (m); prohibit the operation of any vehicle that is not equipped with a muffler in constant operation and is not properly maintained to prevent an increase in the noise emitted by the vehicle above the noise emitted when the muffler was originally installed; and prohibit the operation of any vehicle having a muffler that has been equipped or modified with a cutoff and bypass or any similar device or modification. For the purposes of this paragraph (m), vehicle shall have the same meaning as that set forth in section 42-1-102 (112), C.R.S.
(II) Ordinances enacted to regulate noise on public and private property
pursuant to subsection (1)(m)(I) of this section do not apply to:
(A) Property used for purposes which are exempt, pursuant to section 25-12-103, C.R.S., from noise abatement; and
(B) Property used for: Manufacturing, industrial, or commercial business
purposes; and public utilities regulated pursuant to title 40.
(n) To provide for and compel the removal of snow on sidewalks within the
county, at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such snow and to assess the whole cost thereof, and other incidental costs in connection therewith, upon the property from which such snow has been removed;
(n.5) (I) To ban open fires to a degree and in a manner that the board of
county commissioners deems necessary to reduce the danger of wildfires within those portions of the unincorporated areas of the county where the danger of forest or grass fires is found to be high based on competent evidence.
(II) Subject to subparagraph (IV) of this paragraph (n.5), the board of county
commissioners in each county that has a substantial forested area shall, by January 1, 2012, develop an open burning permit system for the purpose of safely disposing of slash. In developing an open burning permit system, the board is encouraged to consult with the division of fire prevention and control, established in section 24-33.5-1201, C.R.S., and shall:
(A) Collaborate with county and local jurisdictions such as the sheriff's office
and fire protection districts, identify the agencies responsible for burner education, permitting, and compliance, and consider developing an education plan to inform private property owners of the benefits, criteria, and required processes for slash pile burning;
(B) Consider and be consistent with existing laws and processes that ban,
regulate, or have developed recommendations concerning open burning, including sections 18-13-109, 18-13-109.5, 23-31-312, 23-31-313 (6)(a)(II) and (6)(a)(III), 25-7-106 (7) and (8), 25-7-123, 29-20-105.5, and 30-11-124, C.R.S.;
(C) Consider existing county ordinances;
(D) Consider existing scientific and applied knowledge of safe burning
conditions, including consideration of, and the advisability of specifying permit limitations concerning, the number of slash piles that may be burned at one time per person who is monitoring the burn, the size of slash piles, temperature, humidity, snow cover, wind conditions, overhead and other types of electric utility facilities, including adequate distances from such facilities, fuel type and moisture content, slope, and setbacks from real estate improvements;
(E) Exempt broadcast burns conducted within federal and state guidelines
that have a written prescribed fire plan and agricultural burns; and
(F) Include mechanisms to notify individuals with respiratory conditions, if
requested by the individual, and contiguous landowners of the date, time, and location of slash pile burns.
(III) Nothing in this paragraph (n.5) infringes upon or otherwise affects the
ability of agricultural producers to conduct burning on their property.
(IV) A board of county commissioners that has an open burning permit
system on April 13, 2011, need not comply with the requirements of subparagraph (II) of this paragraph (n.5) until the board materially alters the system.
(V) For purposes of this subsection (1)(n.5):
(A) Competent evidence includes the use of the national fire danger rating
system, predictions of future fire danger such as those issued by the national interagency coordination center or any successor entity, localized evidence of low fuel moisture content, and any other similar indices or information.
(B) County that has a substantial forested area means a county that has at
least forty-four percent forest cover as determined by the state forester appointed pursuant to section 23-31-207, C.R.S.
(C) Open burning means fire that a person starts and that is intentionally
used for forest management.
(D) Slash means woody material less than six inches in diameter consisting
of limbs, branches, and stems that are free of dirt. Slash does not include tree stumps, roots, or any other material.
(n.7) To prohibit or restrict the sale, use, and possession of fireworks,
including permissible fireworks, as defined in section 24-33.5-2001 (5) and (11), for a period no longer than one year within all or any part of the unincorporated areas of the county. Such an ordinance shall be in effect for the period between May 31 and July 5 of any year only if the county adopts a resolution specifying that the ordinance remains in effect for such period, which resolution includes an express finding of high fire danger, based on competent evidence, as defined in subsection (1)(n.5) of this section. However, if the county adopts a resolution specifying that the ordinance remains in effect for such period, or any portion of such period, and subsequent to the adoption of the resolution, a change in the weather occurs resulting in competent evidence that the high fire danger is not present and no longer will be present during the remainder of the period, the county shall endeavor to promptly consider whether to exercise its legislative discretion to rescind the restrictions it has adopted on the sale, use, and possession of fireworks. Notwithstanding any other provision of this subsection (1)(n.7), the ordinance remains in effect and is fully enforceable until the restrictions have been rescinded.
(o) In addition to the authority given counties under sections 30-10-513.5 and
30-15-401.5, to enact ordinances to restrain and punish any person who gives, makes, or causes to be given a false alarm of fire and to assess costs associated with such false alarms;
(o.5) To provide by ordinance for the regulation and licensing of alarm
systems which transmit information to law enforcement or other public safety officials located within the county;
(p) In addition to the authority given counties under article 7 of title 29,
C.R.S., and part 7 of article 20 of this title, to establish by ordinance and regulation the fees for certificates, permits, licenses, and passes for users in order to provide the funds for recreational facility development and to offset the costs of emergency search and rescue operations on public lands and the construction, operation, and maintenance of recreation paths on public property; except that areas, lakes, properties, and facilities under the control and management of the division of parks and wildlife shall be exempt from any such fees for certificates, permits, licenses, passes, or any other special charges;
(q) To provide for and compel the removal of any building or structure,
except for a building or structure on affected land subject to the Colorado Mined Land Reclamation Act, as the term affected land is defined in section 34-32-103 (1.5), C.R.S., or on lands subject to the Colorado Surface Coal Mining Reclamation Act, pursuant to article 33 of title 34, C.R.S., the condition of which presents a substantial danger or hazard to public health, safety, or welfare, or any dilapidated building of whatever kind which is unused by the owner, or uninhabited because of deterioration or decay, which condition constitutes a fire hazard, or subjects adjoining property to danger of damage by storm, soil erosion, or rodent infestation, or which becomes a place frequented by trespassers and transients seeking a temporary hideout or shelter, at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including the removal performed by the county upon notice to and failure of the property owner to remove such building or structure, and to assess the whole cost of such removal, including incidental costs and a reasonable fee for inspection which fee shall not exceed five percent of the total amount due in connection therewith, upon the property from which such building or structure has been removed. Any assessment pursuant to this paragraph (q) shall be a lien against such property until paid. If such assessment is not paid within a reasonable time as specified by ordinance, it may be certified by the clerk and recorder to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected.
(r) (I) To regulate distressed real property by requiring that such real
property be secured, maintained, and insured by the owner of such real property or, if applicable, by a holder of a lien that has taken possession of such real property pursuant to part 6 of article 38 of title 38, C.R.S., or any receiver appointed to take possession of or to preserve the real property. The county may require that real property owners, a holder in possession pursuant to part 6 of article 38 of title 38, C.R.S., or any receiver appointed to preserve or take possession of real property provide to the county planning and zoning department contact information for the person or entity responsible for the preservation of the real property.
(II) For purposes of this paragraph (r), distressed real property means any
real property in foreclosure or any vacant or abandoned real property.
(s) (I) To license and regulate an owner or owner's agent who rents or
advertises the owner's lodging unit for a short-term rental, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor. As used in this subsection (1)(s)(I), owner's agent does not include a vacation rental service, except as set forth in subsection (1)(s)(IV) of this section.
(II) The licensing or regulation under the authority conferred in subsection
(1)(s)(I) of this section does not affect whether a lodging unit is a residential improvement, as defined in section 39-1-102 (14.3).
(III) To regulate a vacation rental service; except that this authority is limited
to:
(A) Requiring a vacation rental service that displays a short-term rental
listing for a lodging unit located in the county to require the lodging unit owner or owner's agent to include a local short-term rental license or permit number, if applicable, in any listing for the short-term rental on the vacation rental service's website or other digital platform; and
(B) Requiring a vacation rental service to remove a listing for a short-term
rental from the vacation rental service's website or other digital platform after notification by the county that the owner of the listed lodging unit has had the owner's local short-term rental license or permit suspended or revoked or has been issued a notice of violation or similar legal process for not possessing a valid local short-term rental license or permit or that the county has a prohibition on short-term rentals that applies to the lodging unit. The notification must identify the listing's uniform resource locator (URL) or other specified digital location to be removed and state the reason for the removal. The vacation rental service shall remove the listing from the website or other digital platform within seven days of receiving the notification from the county.
(IV) If a vacation rental service provides additional services for the owner
that are related to the owner's lodging unit but unrelated to providing a means of offering the lodging unit for short-term rentals through the person's website or other digital platform, then the board of county commissioners may license or regulate the vacation rental service as an owner's agent under subsection (1)(s)(I) of this section with respect to those additional services.
(V) To facilitate a vacation rental service's ability to comply with an
ordinance adopted by a county under the authority conferred by subsection (1)(s)(III) of this section, a county, upon request of the owner of a hotel unit that is located in a building with one or more lodging units or a vacation rental service on which a hotel unit that is located in a building with one or more lodging units is listed, shall provide written verification that the hotel unit is exempt from the ordinance because it is not a lodging unit. Multiple hotel units may be included in one request. The written verification provided may include an exemption number or other type of identifier for the hotel unit and a single exemption number or other type of identifier may be used for multiple hotel units.
(s.5) As used in subsection (1)(s) of this section, unless the context otherwise
requires:
(I) Hotel unit means a portion of a structure that is:
(A) Used by a business establishment to provide commercial lodging to the
general public for predominantly overnight or weekly stays;
(B) Classified as a hotel or motel for purposes of property taxation;
(C) Not a unit, as defined in section 38-33.3-103 (30), in a condominium; and
(D) Zoned or otherwise permitted by the local jurisdiction for the use
specified in subsection (1)(s.5)(I)(A) of this section.
(II) Lodging unit means any property or portion of a property that is
available for lodging; except that the term excludes a hotel unit.
(III) Short-term rental means the rental of a lodging unit for less than thirty
days.
(IV) Vacation rental service means a person that operates a website or any
other digital platform that provides a means through which an owner or owner's agent may offer a lodging unit, or portion thereof, for short-term rentals, and from which the person financially benefits;
(t) To require registration of businesses in the unincorporated portions of the
county; except that such power does not include the power to license, collect a fee, or collect fines for such registrations. The county shall only publish registration information in a manner such that the business type is aggregated and does not allow for segregation of individuals or business who supplied the information.
(1.5) In addition to any other powers, the board of county commissioners has
the power to adopt a resolution or an ordinance to:
(a) Regulate the possession or sale of cigarettes, tobacco products, or
nicotine products, as defined by section 18-13-121 (5), to a minor consistent with section 18-13-121 (3);
(b) Limit smoking, as defined in section 25-14-203 (16), in any manner that is
no less restrictive than the limitations set forth in the Colorado Clean Indoor Air Act, part 2 of article 14 of title 25; and
(c) License or otherwise regulate the sale of cigarettes, tobacco products, or
nicotine products.
(1.7) In addition to any other powers, a board of county commissioners may
charge a fee for a local license and adopt resolutions or ordinances to establish requirements on businesses engaged in the storage, extraction, processing, or manufacturing of industrial hemp, as defined in section 35-61-101 (7), or hemp products, as defined in section 25-5-427 (2)(d). A county shall not impose additional food production regulations on hemp processors or hemp products if the regulations conflict with state law.
(2) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), the
ordinances described in subsection (1) of this section shall apply throughout the unincorporated area of the county including public and state lands and to any incorporated town or city that elects by ordinance or resolution to have the provisions thereof apply.
(II) The board of county commissioners may designate, by resolution, areas in
the unincorporated territory of the county exclusively within which an ordinance adopted pursuant to this section shall apply. The board shall set forth a rational basis for the designation and hold a public hearing prior to making the designation at which any interested person shall have an opportunity to be heard.
(b) Any regulation imposed prior to January 1, 1980, by resolution adopted
under any provision of law may, upon suitable accommodation to the pertinent ordinance adoption procedure set forth in this part 4, be reimposed by ordinance. In such cases the resolution shall continue in force and effect until the ordinance which replaces it becomes effective.
(c) Nothing in this part 4 shall be construed to affect any proceeding arising
under or pursuant to the provisions of law in effect immediately prior to January 1, 1980.
(3) Paragraph (a) of subsection (1) of this section shall not apply to the
transportation of sludge and fly ash or to the transportation of hazardous materials, as defined in the rules and regulations adopted by the chief of the Colorado state patrol pursuant to section 42-20-104 (1), C.R.S.
(4) Paragraph (a) of subsection (1) of this section shall not apply to the
transporting of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials which are collected by a city, county, city and county, town, or other local subdivision within its jurisdictional limits, provided every vehicle so engaged in transporting the discarded materials has conformed to vehicle standards at least as strict as those prescribed in subparagraph (II) of paragraph (a) of subsection (1). Such governing body shall not grant an exclusive territory or regulate rates for the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials.
(5) Any provision of paragraph (a) of subsection (1) of this section to the
contrary notwithstanding, the governing body of a city and county shall not be precluded from adopting ordinances, regulations, codes, or standards or granting permits issued pursuant to home rule authority; except that such governing body shall not grant an exclusive territory or regulate rates for the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials.
(6) If the board of county commissioners or the governing body of any other
local governmental entity is providing waste services, including the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials, within the limits of any county or other local subdivision on or after April 19, 1994, any private person seeking also to offer those services shall first give a one-year public notice advising of the intent to offer the services. If a private person or persons are providing waste services within the limits of any county or other local subdivision on or after April 19, 1994, any board of county commissioners or the governing body of any other local governmental entity seeking also to offer those services shall first give a one-year public notice advising of the intent to offer the services. The public notice shall be given in a local newspaper of general circulation in the area served by the waste service provider. The requirements of this subsection (6) shall not apply to any municipality or city and county subject to subsection (7.5) of this section.
(7) (a) Notwithstanding any other provision of law, nothing in this section
shall prohibit the providing of waste services by a private person, if that person is in compliance with applicable rules and regulations, within the limits of any municipality, city and county, or special district operating pursuant to article 1 of title 32, if those services also are provided by a governmental body within the limits of that governmental unit. The governmental body may not compel industrial or commercial establishments or multifamily residences of eight or more units to use or pay user charges for waste services provided by the governmental body in preference to those services provided by a private person.
(b) Subject to the limitation set forth in subsection (6) of this section and
notwithstanding paragraph (a) of this subsection (7) and subsection (7.5) of this section or any other provision of law, nothing in this section shall prohibit the providing of waste services by a private person within the limits of any county or other local subdivision if that person is in compliance with applicable rules and regulations. If services also are provided by a governmental body within the limits of the county or other local subdivision, the governmental body shall not compel any resident, including, but not limited to, an owner or tenant of industrial or commercial establishments or multifamily residences, to use or pay user charges for waste services provided by the governmental body in preference to those services provided by a private person.
(7.5) (a) Any requirement that municipal residents use or pay user charges
for residential waste services pursuant to paragraph (a) of subsection (7) of this section may be affected by utilization of the initiative and referendum power reserved to the municipal electors in section 1 (9) of article V of the Colorado constitution.
(b) The governing body of any municipality or city and county that chooses,
after April 19, 1994, to require use of or to commence the imposition of a fee for residential waste services pursuant to paragraph (a) of subsection (7) of this section in all or any portion of the jurisdiction, including any portion of the jurisdiction annexed after April 19, 1994, may do so subject to the following requirements:
(I) The governing body shall provide written notice to any private person who
lawfully provides waste services within the jurisdiction and shall give a six-month public notice in a newspaper of general circulation within the jurisdiction prior to requiring the use or initial imposition of the fee. The notice shall include:
(A) The date upon which, and the area within the jurisdiction where, requiring
use of or billing for residential waste services will commence; and
(B) An explanation of the option to request an opportunity to submit a
proposal to provide residential waste services to that area.
(II) Any person may, within thirty days following publication or receipt of the
notice, request in writing the opportunity to submit a proposal to provide residential waste services within the portion of the jurisdiction where required use of those services or imposition of the fee will commence. A request for an opportunity to submit a proposal shall suspend required use of the services or imposition of the residential waste services fee until a request for proposal process, as set forth in paragraph (c) of this subsection (7.5), is completed. Any person who has requested in writing an opportunity to submit a proposal to provide residential waste services pursuant to this subparagraph (II) is eligible to participate in the proposal process. If no written request is received within the time permitted, the governing body may proceed to require use of or impose a fee for residential waste services without conducting a request for proposal process as set forth in paragraph (c) of this subsection (7.5).
(III) Any municipality or city and county that complies with paragraph (c) of
this subsection (7.5) shall not be subject to the provisions of section 31-12-119, C.R.S.
(IV) The requirements set forth in this subsection (7.5) shall not apply to any
municipality or city and county that is legally requiring use of or imposing a fee for residential waste services within its jurisdiction pursuant to paragraph (a) of subsection (7) of this section on April 19, 1994, and, having complied with the notice requirements of subsection (6) of this section applicable at the time of the initiation of such residential waste services, chooses to extend the requirement for use of or imposition of the fee for residential waste services to areas within the jurisdiction that have not been annexed after April 19, 1994.
(c) The governing body shall conduct any request for a proposal process
required pursuant to this subsection (7.5) as follows:
(I) The governing body shall mail a request for proposals to all private
persons who are eligible to submit a proposal. The request for proposals shall include a description of the portion of the jurisdiction to which residential waste services will be provided and shall request a proposed price of providing those services.
(II) When the jurisdiction issuing the request for proposals chooses to submit
a proposal, a certification of an independent auditor stating that the public entity's proposed price is not based on subsidization from entity revenue streams or operations unrelated to the provision of waste services shall be appended to the proposal.
(III) Following review of all proposals properly submitted, the governing body
shall award a contract for the provision of residential waste services based upon the criteria set forth in the request for proposals.
(d) As used in this subsection (7.5), residential waste services means the
collection and transportation of ashes, trash, waste, rubbish, garbage or industrial waste products, or any other discarded materials from sources other than industrial or commercial establishments or multifamily residences of eight or more units.
(7.7) (a) If the governing body of a jurisdiction selects a proposal submitted
by the jurisdiction, any private person who submitted a proposal may request a review of the selection as provided in this subsection (7.7). A request for review shall be submitted to the governing body in writing within ten days following selection of the jurisdiction's proposal. The filing of a request shall suspend the award until the completion of the review provided in this subsection (7.7).
(b) (I) Upon receipt of a request, the governing body, or its designee, shall
promptly select a reviewing auditor to conduct the review. The reviewing auditor shall commence and complete its review as expeditiously as practicable.
(II) As a part of that review, the reviewing auditor shall afford the person who
submitted the request for review the opportunity to present the reviewing auditor his or her views with respect to the governing body's determination, subject to any reasonable procedures, guidelines, and limitations as the reviewing auditor may prescribe, including but not limited to requiring that those views be expressed in writing and submitted by a specific date and time. No person shall be permitted to alter any previously submitted proposal in any respect.
(III) The reviewing auditor shall review each of the proposals submitted, but
the review shall be limited to determining:
(A) Whether the selection of the jurisdiction's proposal was made in a
manner contrary to the procedure set forth in subsection (7.5) of this section or in the request for proposals;
(B) Whether the selection of the jurisdiction's proposal was clearly
erroneous in light of the criteria set forth in the request for proposals; and
(C) Whether the certification of an independent auditor provided pursuant to
subparagraph (II) of paragraph (c) of subsection (7.5) of this section is materially inaccurate.
(IV) Should the reviewing auditor find that the governing body's selection of
a proposal was improper, the determination of the governing body shall be void, and the governing body shall reconsider as expeditiously as is practicable all proposals timely submitted and determine which proposals it will accept, giving due regard to the determination of the reviewing auditor. No person shall be entitled to alter any previously submitted proposal in any respect. If the reviewing auditor finds that the governing body's selection of a proposal was proper, the selection shall be valid and conclusive and shall not be subject to further challenge or review.
(V) The reviewing auditor's fee for performing a review pursuant to this
subsection (7.7) shall be paid by the private person requesting the review; except that, if the governing body's selection of a proposal is found to be improper by the reviewing auditor, the municipality or city and county shall pay the fee.
(c) As used in this subsection (7.7), a reviewing auditor shall be a qualified,
licensed, independent public accountant or public accounting firm selected by the governing body and shall certify to the governing body in writing that it is not being retained currently, has not been retained within the previous five years, and currently has no basis for believing it will be retained in the future by the governing body, any persons who have submitted proposals, or, to the accountant's or firm's knowledge after due inquiry, any of the governing body's or person's affiliates, partners, or relatives for the performance of accounting or other services.
(8) No ordinance, resolution, rule, regulation, service, function, or exercise of
an authorized power pursuant to this section or section 30-11-101 (1)(f) or (1)(g) or 30-11-107 (1)(u), (1)(w), (1)(y), (1)(z), or (1)(bb) or 25-1-508 (5)(g) or (5)(j), C.R.S., shall apply within the corporate limits of any incorporated municipality, nor to any municipal service, function, facility, or property whether owned by or leased to the incorporated municipality, outside the municipal boundaries, unless the municipality consents. If the municipality consents that any ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power shall apply within the municipality or to municipal services, functions, facilities, or property outside the municipal boundaries, such ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power shall be uniform within the municipality and the applicable unincorporated areas of the county, unless the county and the municipality agree otherwise pursuant to part 2 of article 1 of title 29, C.R.S.
(9) (a) No ordinance, resolution, rule, regulation, service, function, or exercise
of an authorized power pursuant to this section shall apply within the jurisdictional boundaries of any special district enumerated in this subsection (9), nor to any special district service, function, facility, or property whether owned by or leased to the special district outside the special district boundaries if such ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power would duplicate or interfere with any service or facility authorized and provided by such special district or contravene any power authorized and exercised by such special district, unless the county is specifically empowered by law to exercise authority with respect thereto, or the county and the special district agree otherwise pursuant to part 2 of article 1 of title 29, C.R.S.
(b) For purposes of this subsection (9), special district means any special
district established pursuant to article 1 of title 32, C.R.S., the three lakes water and sanitation district established pursuant to article 10 of title 32, C.R.S., the urban drainage and flood control district established pursuant to article 11 of title 32, C.R.S., any metropolitan sewage disposal district established pursuant to part 4 of article 4 of title 32, C.R.S., any drainage district established pursuant to article 20 of title 37, C.R.S., the Cherry Creek basin water quality authority established pursuant to article 8.5 of title 25, C.R.S., any regional service authority established pursuant to article 7 of title 32, C.R.S., and the regional transportation
C.R.S. § 30-20-1307
30-20-1307. Board of directors - powers and duties. (1) (a) Except as otherwise provided in subsection (1)(b) of this section, the board of directors of a district shall distribute all of the funding the district receives from the department of local affairs to areas that are socially or economically impacted, either directly or indirectly, by the development, processing, or energy conversion of fuels and minerals leased under the federal act; except that the board of directors may elect to invest up to fifty percent of the funding as specified in subsection (5) of this section.
(b) The board of directors may use up to ten percent of the annual funding
for any administrative costs of the district; except that any investment-related expenses are excluded from the calculation of the district's administration costs.
(c) Notwithstanding any other provision of this part 13, the board of directors
of a district may reserve, or invest as specified in subsection (5) of this section, all or a portion of the funding for use in subsequent years.
(2) The board of directors may review any reports or studies made and may
seek any additional reports or studies it deems necessary regarding the distribution of funding in the district.
(3) The board of directors may cooperate or contract with any other district
to provide any function or service lawfully authorized to each of the cooperating or contracting districts, including the sharing of costs, only if the cooperation or contracts are authorized by each district with the approval of each district's board of directors. Any contract providing for the sharing of costs may be entered into for any period, not to exceed the existence of the district and notwithstanding any provision of law limiting the length of any financial contracts or obligations of governments. Any such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial and otherwise, of the contracting parties. Where other provisions of law provide requirements for special types of intergovernmental contracting or cooperation, those special provisions shall control.
(4) The board of directors may exercise any of the powers set forth in section
30-20-1305.5.
(5) If the board of directors elects to invest the portion of the funding as
allowed in subsection (1)(a) of this section:
(a) The portion of the funding to be invested shall be held in a fund
established by a resolution enacted by the district;
(b) The board of directors shall make investments pursuant to the
investment policy described in subsection (6) of this section and in a manner that complies with the Uniform Prudent Investor Act, article 1.1 of title 15;
(c) The board of directors may invest the portion of the funding in any
investment in which the board of trustees of the public employees' retirement association may invest the funds of the association pursuant to section 24-51-206;
(d) The board of directors may engage the services of investment advisors.
The selection of investment advisors must be made following an open and competitive process.
(e) The board of directors may appropriate and disburse any part of the
invested funding and all sums in excess thereof, including interest, dividends, or similar appreciated values, but shall do so only upon the enactment of a resolution identifying the reason for the appropriation and disbursement;
(f) The board of directors shall ensure that, at all times, liquid investment
assets or other funding not invested remain at a level sufficient to pay for all budgeted and outstanding obligations of the district in any fiscal year; and
(g) The board of directors, individually or as a group, shall not engage in any
activities that might result in a conflict of interest with respect to their fiduciary responsibility for the district.
(6) The board of directors shall adopt an investment policy resolution and
shall review the investment policy annually. The investment policy must include:
(a) An acknowledgment of the board of director's fiduciary responsibility
with respect to oversight of the district's investment policy;
(b) Performance benchmarks for all investments and for all investment
advisors who may be hired by the board of directors;
(c) A requirement for the preparation and publication of annual financial
statements that must include, at minimum, information regarding starting balances, contributions, investment income, and losses, if any, and any investment fees incurred;
(d) Careful consideration of investment fees or other brokerage costs which
might reduce investment returns; and
(e) A requirement that the board of directors annually review the
investments and annually set appropriations to be included in the trust fund.
Source: L. 2011: Entire part added, (HB 11-1218), ch. 169, p. 583, � 1, effective
May 9. L. 2012: Entire section amended, (SB 12-031), ch. 84, p. 280, � 7, effective April 6. L. 2017: (1) amended and (5) and (6) added, (HB 17-1152), ch. 103, p. 380, � 2, effective August 9.
PART 14
STRATEGIES FOR WASTE TIRES
C.R.S. § 30-20-202
30-20-202. Creation - proviso. (1) Whenever a county has established and maintains a county public health agency or, in conjunction with one or more adjacent counties, a district public health agency as provided by part 5 of article 1 of title 25, C.R.S., such county may establish one or more disposal districts. Such district shall be composed of the unincorporated area benefited by the establishment of the proposed disposal district for the collection and disposal of garbage, waste, and trash. The boundaries of such district are to be designated by the board of county commissioners of the county.
(2) It is the duty of the county board of health or the district board of health,
which the county maintains under the authority of part 5 of article 1 of title 25, C.R.S., upon request from the board of county commissioners of such county, to formulate a tentative plan for the formation of such disposal district, said plan to include: Recommendations as to the area to be benefited; a detailed estimate of annual costs for the operation and maintenance of the district affairs and the equipment and personnel thereof; boundaries and the approximate valuation for assessment therein; and proposed rules, regulations, and schedules for the district. Upon completion of said plan, the board of health shall certify such plan to the board of county commissioners.
(3) Before the adoption of any resolution of the board of county
commissioners creating a disposal district, a public hearing shall be held by the board to ascertain the sentiment of residents within the proposed area toward the establishment of such district. For the purposes of such hearing, the board of county commissioners shall give notice thereof, which notice shall set forth the time, date, place, and purpose of such hearing, shall set forth a description of the proposed boundaries, and shall be published once weekly for three consecutive weeks in a newspaper published and of general circulation in the county. The date for such hearing shall not be sooner than five days nor later than thirty days following the date of the last publication of said notice.
(4) After the hearing, the board of county commissioners may, at any
regularly scheduled meeting, change, amend, reject, or adopt the certified plan, and by resolution create a disposal district.
(5) Any provisions in this part 2 to the contrary notwithstanding, no tract or
parcel of real estate used for manufacturing, mining, railroad, or industrial purposes, which, together with the buildings, improvements, machinery, and equipment thereon situate, shall have a valuation for assessment in excess of twenty-five thousand dollars at the date of the adoption by the board of county commissioners of a resolution creating a disposal district, shall be included in any district organized under this part 2 without the written consent of the owner thereof. No personal property shall be included within any district which is situate upon real estate not included in such district. If, contrary to the provisions of this subsection (5), any such tract, parcel, or personal property is included in any district, the owner thereof, on petition to the board of county commissioners which adopted the resolution creating the district, shall be entitled to have such property excluded from the district free and clear of any contract, obligations, lien, or charge to which it may or might have been liable as a part of the district.
Source: L. 53: p. 475, � 2. CRS 53: � 89-11-2. C.R.S. 1963: � 89-11-2. L. 2010:
(1) amended, (HB 10-1422), ch. 419, p. 2119, � 166, effective August 11.
C.R.S. § 30-20-603
30-20-603. Improvements and funding authorized - how instituted - conditions - definitions. (1) (a) (I) A district may be formed in accordance with the requirements of this part 6 for the purpose of constructing, installing, acquiring, or funding, in whole or in part, any public improvement so long as the county that forms the district is authorized to provide such improvement or provide for such funding under the county's home rule charter, if any, or the laws of this state. Public improvements or the funding of public improvements must not include any facility identified in section 30-20-101 (8) or (9). A district shall not provide the same improvement as an existing special district within the territory of the existing special district unless the existing special district consents.
(II) The improvements authorized by this part 6 may consist, without
limitation, of constructing, grading, paving, pouring, curbing, guttering, lining, or otherwise improving the whole or any part of any street or providing street lighting, drainage facilities, or service improvements, in the unincorporated area of a county or wholly or partly within the boundaries of any municipality within the county if such municipality consents by ordinance to the improvements. If improvements within a municipality are so included in a county improvement district by municipal consent, the county may construct or acquire such improvements, assess property within the municipality benefited by the improvements, and enforce and collect such assessments, in the manner provided in this part 6. The improvements authorized by this part 6 may include, without limitation, the construction of sidewalks adjacent to any such streets or maintenance roads adjacent to any such drainage facilities.
(III) Prior to the establishment of any improvement district for the purpose of
providing street lighting, arrangements, by contract or otherwise, must be established under which the owners of property included within the district are responsible for the maintenance and operation of the street lighting improvement. The costs of maintenance and operation of the street lighting improvements shall not be paid from the county general fund.
(IV) Drainage facilities shall not be provided in any area that is within an
existing drainage district organized or created pursuant to law without the approval of the district.
(V) As used in this subsection (1)(a), service includes the services provided
by a public utility as defined in section 40-1-103, as well as broadband internet service as defined in section 40-15-102 (3.5), cable television service as defined in section 29-27-102 (2), telecommunications service as defined in section 40-15-102 (29), and information service as defined in 47 U.S.C. sec. 153 (24), or any successor section.
(a.5) In a district formed prior to December 31, 2002, by a city that has been
authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado and in which a sales tax is levied pursuant to section 30-20-604.5, the improvements may also consist of the provision of transportation services, vehicles, equipment, parking, and improvements in the district. Transportation services may be provided by the district in an area within the regional transportation district as described in section 32-9-106.1, C.R.S., if the regional transportation district consents to the provision of such services.
(b) Additionally, the improvements authorized by this part 6 may consist of
constructing, installing, or otherwise improving the whole or any part of any system for the transmission or distribution of water or for the collection or transmission of sewage, or both such systems.
(c) If any improvement or transportation services authorized by this
subsection (1) are funded by sales tax, the tax may also be used for the operation and maintenance of such improvement or services, for the production and distribution of informational products and materials, and for the organization, promotion, marketing, and management of public events.
(d) The improvements authorized by this part 6 may include the construction,
maintenance, and operation of safety measures that are necessary to allow the county to restrict the sounding of locomotive horns at highway-rail grade crossings in compliance with 49 U.S.C. sec. 20153, as amended, and the applicable rules of the federal railroad administration. The district shall construct, maintain, and operate the safety measures in accordance with the provisions of section 40-4-106, C.R.S., and the standards of safety prescribed by the public utilities commission pursuant to section 40-29-110, C.R.S.
(e) The improvements authorized by this part 6 may include, where specified
or generally provided for in the resolution of the board approving the district, any renewable energy improvement or energy efficiency improvement to any residential or commercial property within the district.
(f) Any district formed pursuant to this part 6 and the county that forms the
district shall implement the funding authorized by this part 6 for service improvements as defined in paragraph (a) of this subsection (1) in a nondiscriminatory and technologically and competitively neutral manner.
(g) (I) A public utility or telecommunications service improvement funded by
a district established pursuant to this part 6 shall be constructed only by or in agreement with a public utility or telecommunications service provider duly authorized by the public utilities commission, as applicable, to provide service, facilities, plants, or systems in the area in which the public utility or telecommunications service improvement is to be constructed and shall be owned, operated, and maintained by the public utility or telecommunications service provider. All other service improvements as defined in subsection (1)(a) of this section funded pursuant to this part 6 shall be constructed by or in agreement with the service provider and owned and operated by the service provider. Neither a district formed pursuant to this part 6, nor the county that forms the district, shall:
(A) Use the authority set forth in this section to provide, directly or indirectly,
any services as defined in subsection (1)(a) of this section; or
(B) Have any right, title, or interest in any service improvement as defined in
subsection (1)(a) of this section funded by a district established pursuant to this part 6.
(II) In compliance with the procedures set forth in subsection (1)(g)(I) of this
section, a rural county may establish a local improvement district only in an unserved area to contract with a telecommunications service provider or a broadband internet service provider to fund the construction of broadband internet service improvement.
(III) For purposes of this subsection (1)(g):
(A) Repealed.
(A.5) Broadband internet service has the same meaning as set forth in
section 40-15-102 (3.5).
(B) Rural county means any county that has a population of fewer than
sixty thousand inhabitants.
(C) Unserved area has the same meaning as set forth in section 40-15-102
(32)(a).
(h) Nothing in this part 6 shall extend, diminish, or otherwise alter the
jurisdiction of the public utilities commission created in section 40-2-101, C.R.S.
(2) (a) The board may declare by resolution any local improvement district
authorized by this part 6 and may by resolution order the improvements authorized by subsection (3) of this section; except that, if written protests are submitted prior to the hearing referred to in subsection (6) of this section by the owners of property within the proposed district or assessment unit, which property, based upon the proposed method of assessment, would bear more than one-half of the total proposed assessments within the district or the assessment unit, the board shall not proceed with such local improvement district or assessment unit based on the preliminary order so protested. Such protests shall not prevent the board from adopting a subsequent preliminary order for such improvements, subject to notice, hearing, and protest as provided in this part 6.
(b) If the district is initiated by resolution of the board of county
commissioners, the commissioners shall, in addition to the notice provided for in subsection (6) of this section, make reasonable attempts to deliver or mail to each address within the district a brief written synopsis of the proposed improvements no less than ten days before the hearing. This shall not be interpreted to mean that insufficient notice has been given if any property owner claims not to have received the notice, provided that the commissioners have made a bona fide effort to comply.
(2.5) (a) The boundaries of any district organized under the provisions of this
part 6 may be changed in the manner prescribed in this subsection (2.5); except that the change of boundaries of the district shall not impair or affect the district's organization or rights in or to property or any of the district's rights or privileges whatsoever, nor shall the change affect or impair or discharge any contract, obligation, lien, or charge for or upon which the district might be liable or chargeable had any such change of boundaries not been made. The owners of property proposed to be included or excluded may file a petition with the board, in writing, requesting that such property be included in or excluded from the district. The petition shall describe the property owned by the petitioners and shall be verified. The petition shall be accompanied by a deposit of moneys sufficient to pay all costs of the inclusion or exclusion proceedings. The county clerk and recorder shall cause notice of the filing of such petition to be given and posted, which notice shall state the filing of such petition, the names of the petitioners, descriptions of the property sought to be included or excluded, and the request of said petitioners.
(b) The notice of the filing of a petition required by paragraph (a) of this
subsection (2.5) shall inform all persons having objections to appear at the time and place stated in said notice and show cause why the petition should not be granted. The board, at the time and place mentioned in the notice or at any time to which the hearing may be adjourned, shall proceed to hear the petition and all objections thereto that may be presented by any person showing cause why said petition should not be granted. The failure of any interested person to show cause shall be deemed as an assent on the person's part to the inclusion or exclusion of such property as requested in the petition. If the change of boundaries of the district does not adversely affect the district and if the petition is granted, the board shall adopt a resolution changing the boundaries of the district accordingly and record a certified copy of the resolution with the county clerk and recorder of the county in which the property is located, and the property is thereafter included in or excluded from the district as applicable.
(c) The board shall take into consideration and make a finding regarding all
of the following factors when determining whether to grant or deny the petition:
(I) The best interests of all of the following:
(A) The property to be included or excluded in the local improvement district;
(B) The local improvement district for which the change of boundaries is
proposed; and
(C) The county or counties in which the local improvement district is located;
(II) The relative cost and benefit to the property to be included in or excluded
from the district; and
(III) The ability of the local improvement district to provide economical and
sufficient improvements or services to both the property to be included or excluded and all of the properties within the district's boundaries.
(d) All property included in or excluded from a district is subject to the levy
of taxes, assessments, or both, for the payment of the property's proportionate share of any indebtedness of the district outstanding at the time of the property's inclusion or exclusion.
(3) (a) Except as to improvements initiated by the board as authorized by
subsection (2) of this section, no improvement shall be ordered under this part 6 unless a petition for the same is first presented, subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the board to be assessed, and, except as specified in this section, nothing in this part 6 shall restrict the right of such owners from securing any particular kind or variety of improvements petitioned for. In any case where a proposed improvement district includes two or more assessment units, the owners of property to be assessed for more than one-half of the entire costs estimated by the board to be assessed in each assessment unit shall petition as specified in this part 6. In any case where a proposed improvement district formed prior to December 31, 2002, plans to provide transportation services and improvements pursuant to paragraph (a.5) of subsection (1) of this section and to levy a sales tax pursuant to section 30-20-604.5 to fund such services and improvements, the owners of the taxable real and personal property within the proposed improvement district having a valuation for assessment of not less than fifty percent of the valuation for assessment of all real or personal property within the district shall sign the petition presented to the board.
(b) If the owners of property to be assessed for more than one-half of the
entire costs estimated by the board to be assessed shall petition for any particular kind of improvement and for any particular materials to be used in the same, the improvement must be ordered in accordance with the petition, and the materials so designated shall be used, except as otherwise provided in this section.
(c) If the material petitioned for by the owners of property to be assessed for
more than one-half of the entire costs estimated by the board to be assessed is one that does not encourage competition, it shall be the right of the petitioners to state in the petition the maximum price per square yard, or linear foot, or per unit at which the improvement is desired, and no contract shall be let for any such improvement at a price exceeding the maximum price fixed in said petition, excluding the cost of engineering, collection, inspection, incidentals, and interest.
(4) The board shall encourage competition, by advertising for and receiving
bids for such construction, and, so far as possible within the limits of the petition, shall describe all materials by standard or quality in the specifications.
(5) Before contracting for or ordering any work to be constructed whether
initiated by the board or by petition, a preliminary order shall be made by the board, adopting preliminary plans and specifications for the same, definitely describing the materials to be used, or stating that one of several specified materials shall be chosen, determining the number of installments and time in which the cost of the improvement shall be payable, if any, and the property, if any, to be assessed for the same, as provided in this part 6, and requiring an estimate of the cost to be made by the county engineer or any similar officer or employee, together with a map of the district in which the improvement is to be made, and a schedule showing the approximate amounts, if any, to be assessed upon the several lots or parcels of property within the district. The cost estimates and approximate amounts to be assessed shall be formulated in good faith on the basis of the best information available to the board but shall not be binding.
(6) The county clerk and recorder shall give notice, by advertisement once in
a newspaper of general circulation in such county, to the owners of any property to be assessed of:
(a) The kind of improvements proposed;
(b) The number of installments;
(c) The time in which the cost will be payable;
(d) Repealed.
(e) The extent of the district to be improved;
(f) The probable cost per front foot or other unit basis which, in the judgment
of the board, reflects the benefits which accrue to the properties to be assessed, as shown by the estimates of the engineer;
(g) The time, not less than thirty days after the publication, when a resolution
authorizing the improvements will be considered;
(h) That said map and estimate and schedule showing the approximate
amounts to be assessed and all resolutions and proceedings are on file and may be seen and examined by any person interested at the office of the county clerk and recorder or other designated place at any time within said period of thirty days; and
(i) That all complaints and objections that may be made in writing concerning
the proposed improvement by the owners of any real estate to be assessed will be heard and determined by the board before final action thereon.
(7) The finding by resolution of the board that said improvements were duly
ordered after notice duly given and after hearing duly held and that such proposal was properly initiated by the said board or that a petition was presented and that the petition was subscribed by the required number of owners shall be conclusive of the facts so stated in every court or other tribunal.
(8) Any resolution or order in the premises may be modified, confirmed, or
rescinded at any time prior to the passage of the resolution authorizing the improvements.
(9) The specifications for paving may include sidewalks, curbs, gutters, and
grading, and sufficient culverts, sewers, or drains necessary to carry off the surface waters across or along the line of the street improved, and such other incidentals to paving as, in the judgment of the board, may be required. The specifications may also provide that bidders shall agree to enter into contract to do the work and maintain the same in good repair for a period of five years; and the contract may be entered into in accordance therewith.
(10) If, before any such improvements are made, any piece of real estate to
be assessed already has an improvement conforming to the general plan or satisfactory to the board, an allowance therefor may be made to the owner, and such allowance may be deducted from the owner's assessment and from the contract price.
(11) Any other provision of this part 6 notwithstanding, the board may initiate
an improvement district for the purpose of acquiring existing improvements of a character authorized by this part 6, in which case the provisions of section 30-20-601 concerning construction under the direction of county officers and the provisions of subsections (4) and (5) of this section concerning competitive bidding and preliminary plans and specifications shall not apply.
(11.5) (a) Any other provision of this part 6 notwithstanding, the board may
initiate an improvement district for the purpose of encouraging, accommodating, and financing improvements of a character authorized by paragraph (e) of subsection (1) of this section. Any such district shall include only property for which the owner has executed a contract or agreement consenting to the inclusion of such property within the district, and such consent may occur subsequent to the adoption of the resolution of the board forming the district. The contract or agreement shall note the existence of any first priority mortgage or deed of trust on the property, the identity of the record holder thereof, and the penalty for default provided in section 30-20-615 clearly stating that default, like the penalties that exist for default on any mortgage or any other special assessment, may result in the loss of the applicant's home. Within thirty days of a person's submission of an application to the district, the board shall provide written notice to the record holder of any first priority mortgage or deed of trust on the real property that the person is participating in the district. The inclusion of such property within the district subsequent to the adoption of the resolution of the board forming the district may be made by the adoption of a supplemental or amending resolution of the board. For districts formed for the purpose of encouraging, accommodating, and financing renewable energy improvements or energy efficiency improvements, subsections (4), (5), and (6) of this section concerning competitive bidding, preliminary plans and specifications, and notice, section 30-20-601 concerning construction under the direction of county officers, section 30-20-622 concerning contracts for construction, and section 30-20-623 concerning contract provisions do not apply. For such districts, the owner of property within a district may arrange improvements that qualify pursuant to the resolution of the board authorizing improvements for the district and may obtain financing for said improvements from the district through the process set forth in the resolution forming the district.
(b) (I) Districts formed for the purposes authorized in paragraph (e) of
subsection (1) of this section may cross county boundaries and include properties in multiple counties, whether such counties are contiguous or noncontiguous, if the boards of county commissioners of the affected counties have entered into an intergovernmental agreement or memorandum of understanding regarding the sharing of incremental costs attributable to the district's crossing of county boundaries, with such costs becoming part of the total assessment allocated to each participating landowner.
(II) For any district that may include properties in other counties, the board
shall notify the boards of county commissioners and the county treasurers of such counties, at least ten days in advance of the public meeting at which it will be discussed, of the potential inclusion of such properties. The originating board shall consider comments sent by such boards of county commissioners or county treasurers concerning the potential addition of properties from their counties if the comments have been received by the date of the public meeting.
(III) If a municipality that has territory in multiple counties, one of which has
created a district for the purposes authorized in paragraph (e) of subsection (1) of this section, desires to consent to the inclusion within such district of any of the properties within its entire incorporated boundary, the municipality shall expressly state in its ordinance granting consent that any property located in the municipality, irrespective of the county in which such property is located, may be included in the district.
(12) The board is authorized to enter into contracts and agreements with any
owner of property within the district or any other person concerning the construction or acquisition of improvements, the assessment of the cost thereof, the waiver or limitation of legal rights, or any other matter concerning the district.
(13) At or about the time of the adoption by the board of any resolution
creating a district, a copy of such resolution shall be provided to the county assessor, the county treasurer, and the division of local government in the department of local affairs. The board shall make a good faith attempt to comply with this subsection (13), but failure to comply shall not affect or impair the organization of any district, the construction or acquisition of improvements therein, the levying and collection of assessments, or any other matter pursuant to the provisions of this part 6.
Source: L. 73: p. 484, � 1. C.R.S. 1963: � 36-30-3. L. 79: (1) amended, p. 1150,
� 1, effective April 25. L. 83: (1) amended, p. 1235, � 1, effective March 22; (1) amended, p. 1245, � 3, effective July 1. L. 85: (1)(a), (2)(a), (5), and (6)(f) amended, (6)(d) repealed, and (11) added, pp. 1071, 1077, �� 1, 14, effective May 24. L. 86: (2)(a), (3), (5), (6)(f), (6)(i), (7), and (9) to (11) amended and (12) added, p. 1052, � 17, effective July 1. L. 87: (5) and IP(6) amended, p. 1211, � 3, effective May 7. L. 90: (13) added, p. 1471, � 1, effective October 1. L. 99: (1)(c) added, p. 516, � 13, effective April 30. L. 2000: (1)(c) and (3)(a) amended and (1)(a.5) added, p. 1990, � 3, effective August 2. L. 2002: (1)(c) amended, p. 335, � 2, effective April 19; (1)(a) amended, p. 269, � 7, effective August 7. L. 2006: (1)(d) added, p. 347, � 2, effective August 7. L. 2007: (1)(a.5) amended, p. 833, � 2, effective May 14. L. 2008: (1)(e) and (11.5) added, p. 1296, �� 10, 11, effective May 27. L. 2009: (1)(a) amended and (1)(f), (1)(g), and (1)(h) added, (HB 09-1217), ch. 251, p. 1125, � 1, effective August 5. L. 2010: (11.5) amended, (SB 10-100), ch. 207, p. 900, � 2, effective May 5. L. 2013: (1) (c) amended and (2.5) added, (HB 13-1036), ch. 182, p. 670, � 2, effective August 7. L. 2017: (1)(g) amended, (HB 17-1174), ch. 134, p. 449, � 1, effective August 9. L. 2023: (1)(a) and (1)(g)(II) amended, (1)(g)(III)(A) repealed, and (1)(g)(III)(A.5) added, (SB 23-183), ch. 139, p. 589, � 10, effective May 1; (1)(a) amended, (HB 23-1252), ch. 166, p. 762, � 7, effective August 7; (1)(a) amended, (HB 23-1301), ch. 303, p. 1839, � 72, effective August 7.
Editor's note: (1) Amendments to subsection (1) by House Bill 83-1163 and
House Bill 83-1033 were harmonized.
(2) Amendments to subsection (1)(a) by SB 23-183, HB 23-1252, and HB 23-1301 were harmonized.
Cross references: For the legislative declaration in HB 23-1252, see section 1
of chapter 166, Session Laws of Colorado 2023.
C.R.S. § 30-20-617
30-20-617. Sale of property for nonpayment - county may purchase property on default. (1) In case of default in the payment of any installment of principal or interest when due, the county treasurer shall advertise and sell all property concerning which such default is suffered for the payment of the whole of the unpaid assessments thereon. Said advertisements and sales shall be made at the same times, in the same manner, under all the same conditions and penalties, and with the same effect as provided by general law for sales of real estate in default of payment of the general property tax.
(2) At any sale by the county treasurer of any property for the purpose of
paying any special assessment for local improvements made under the provisions of this part 6 in the district, the county treasurer, having written authority from the board, may purchase any such property without paying for the same in cash and shall receive certificates of purchase therefor in the name of the county. The certificates shall be received and credited at their face value, with all interest and penalties accrued, on account of the assessments in pursuance of which the sale was made. The certificates may thereafter be sold by the county treasurer at their face value, with all interest and penalties accrued, and assigned by him to the purchaser in the name of the county. The proceeds of such sale shall be credited to the fund created by resolution for the payment of such assessments respectively. In the event that all bonded indebtedness incurred in payment for said local improvements has been discharged in full, said certificates may be sold by the board for the best price obtainable at public sale, at auction, or by sealed bids in the same manner and under the same conditions as is provided in subsection (4) of this section. The proceeds shall be credited to the general fund of said county. Such assignments shall be without recourse, and the sale and assignments shall operate as a lien in favor of the purchaser and assignee as is provided by law in the case of sale of real estate in default of payment of the general property tax.
(3) Any county as such purchaser has the right to apply for tax deeds on
such certificates of purchase at any time after three years from the date of issuance of said certificates, and such deeds shall be issued as provided by law for issuance of tax deeds for the nonpayment of the general property tax.
(4) Cumulatively with all other remedies, any county which is the owner of
property by virtue of a tax deed, or is the owner of property otherwise acquired, in satisfaction or discharge of the liens represented by such certificates of sale, may sell such property for the best price obtainable at public sale, at auction, or by sealed bids. Such sales shall be after public notice by the county treasurer or the county clerk and recorder to all persons having or claiming any interest in the property to be sold or in the proceeds of such sale by publication of such notice three times, a week apart, in a weekly or daily newspaper of general circulation within the county in which the property is located. Such notice shall describe the property and state the time, place, and manner of receiving bids; except that the time fixed for the sale shall not be less than ten days after the last publication. The county may reject any and all bids. Any interested party, at any time within ten days after the receipt of bids for the sale of property, may file with the county a written protest as to the sufficiency of the amount of any bid made or the validity of the proceedings for the sale. If the protest is denied, such person, within ten days thereafter, shall commence an action in a court of competent jurisdiction to enjoin or restrain the county from completing the sale. If no such action is commenced, all protests or objections to the sale shall be waived, and the county shall then convey the property to the successful bidder by quitclaim deed.
(5) In addition to all other remedies, any county which is a holder of
certificates of purchase may bring a civil action for foreclosure thereof in accordance with article 38 of title 38, C.R.S., joining as defendants all persons holding record title, persons occupying or in possession of the property, persons having or claiming any interest in the property or in the proceeds of foreclosure sale, all governmental taxing units having taxes or other claims against said property, and all unknown persons having or claiming any interest in said property. Any number of certificates may be foreclosed in the same proceeding. In such proceeding the county, as plaintiff, is entitled to all relief provided by law in actions for an adjudication of rights with respect to real property, including actions to quiet title.
(6) The proceeds of any such sale of property shall be credited to the
appropriate special assessment fund. The county shall deduct therefrom the necessary expenses in securing deeds and taking proceedings for the sale or foreclosure.
(7) When any county has sold or conveyed at a fair market value certificates
of purchase or property which it has acquired in satisfaction or discharge of special assessment liens, such sales and conveyances are hereby validated and confirmed as against all parties having or claiming any interest in such property or the proceeds of such sale.
(8) It is hereby declared that the purpose of this section is to restore
delinquent property to the tax rolls and to realize the greatest possible amount from such property for the benefit of all persons and taxing bodies having liens thereon.
Source: L. 73: p. 489, � 1. C.R.S. 1963: � 36-30-16. L. 81: Entire section
amended, p. 1613, � 11, effective July 1. L. 83: Entire section amended, p. 1247, � 1, effective June 19. L. 86: (2) amended, p. 1059, � 31, effective July 1. L. 93: (5) amended, p. 81, � 2, effective March 26.
Editor's note: This section was originally numbered as � 30-20-616 in C.R.S.
1973 but was renumbered on revision in the 1977 replacement volume for ease of location.
Cross references: For foreclosure proceedings by municipal corporations or
taxing districts, see part 11 of article 25 of title 31; for sale of real estate in default of payment of the general property tax, see article 11 of title 39.
C.R.S. § 30-20-622
30-20-622. Contracts for construction - bond - default. (1) Except as provided in this section, all local improvements made under the provisions of this part 6 shall be constructed by independent contract, and all contracts shall be let by the board. All such contracts shall be let to the lowest reliable and responsible bidder, after public advertisement once in a newspaper of general circulation in such county; except that after such advertisement, if it be determined by the board that the bids are too high or that the proposed improvement can be made by the county for less than the bid of the lowest reliable and responsible bidder, such county is empowered to provide for doing the work by hiring labor by the day or otherwise and to arrange for purchasing necessary material, all under the supervision of the board.
(2) Except when the county does the work, no contract shall be made
without a surety bond for its faithful performance, with sufficient sureties, to be approved by the board. No surety shall be accepted or approved by the board other than a corporate surety company, unless he is the owner of real estate in this state, free and clear of all encumbrances, in double the amount of his liability on all bonds upon which he may then be surety. Upon default in the performance of any contract, the board may advertise and relet the remainder of the work in like manner, without further resolution, and deduct the cost from the original contract price or, with the approval of the board, advance any excess out of the funds of the county and recover the same by suit on the original bond. In all advertisements the right shall be reserved to reject any or all bids, and, upon rejecting all bids, if deemed advisable by the board, other bids may be advertised for.
(3) Notwithstanding the provisions of subsection (1) of this section and the
provisions of section 24-92-104 (3), C.R.S., all construction contracts for any improvements funded in whole or in part by the district sales tax authorized by section 30-20-604.5 or by revenue bonds issued pursuant to section 30-20-619 (4) shall be awarded by competitive sealed bidding pursuant to the procedures set forth in article 92 of title 24, C.R.S.
Source: L. 73: p. 490, � 1. C.R.S. 1963: � 36-30-21. L. 85: (1) amended, p. 1076,
� 11, effective May 24. L. 86: Entire section amended, p. 1061, � 35, effective July 1. L. 87: (3) added, p. 1215, � 10, effective May 7.
Editor's note: This section was originally numbered as � 30-20-621 in C.R.S.
1973 but was renumbered on revision in the 1977 replacement volume for ease of location.
C.R.S. § 30-20-703
30-20-703. Powers of county commissioners. (1) Acting on behalf of such district, the board of county commissioners may:
(a) Levy a tax on all real and personal property situated within the district
not to exceed one mill, the proceeds of which shall be used within the district for operation, maintenance, capital improvements, acquisition of additional property, and employment of a staff to supervise a program of activities, and receive gifts of money or property for construction and operation of recreational facilities and programs; but if the recreational district comprises the entire county, the board of county commissioners is authorized to appropriate from the general fund for this purpose and no special levy is authorized;
(b) Establish a board of five residents of the district who own real estate
within the district and who have paid a tax thereon for at least one year preceding their selection, to administer the facility, and to supervise the conduct of the recreational programs. Each member of the board, upon approval by a majority of the taxpaying electors residing in the district voting on the question at a general election, may receive as compensation for his services a sum not in excess of six hundred dollars per annum, payable not to exceed twenty-five dollars per meeting attended. Terms of such board members shall be so arranged that the term of one member expires each year. The manner of selection and the powers shall be determined by the board of county commissioners in its order creating the recreation district.
(c) Provide for the employment of personnel to operate and manage the
facilities and recreation programs, and cooperate with other public and private agencies in the operation and management of the facilities and program;
(d) Provide for the creation of a reserve fund adequate to meet the
obligations of the district, for maintenance and operating charges and depreciation, and to provide replacements of and betterments to the improvements of the district.
Source: L. 47: p. 699, � 3. CSA: C. 136, � 7. L. 53: p. 220, � 2. CRS 53: � 114-2-3. C.R.S. 1963: � 114-2-3. L. 67: p. 714, � 4.
Cross references: For procedure to increase tax levy beyond statutory limits,
see � 29-1-302.
C.R.S. § 30-25-104
30-25-104. Judgment against a county, how paid - tax levy. (1) When a judgment is given and rendered against a county of this state in the name of its board of county commissioners or against any county officer in an action prosecuted by or against him in his official capacity or name of office, when the judgment is for money and is a lawful county charge, no execution shall issue thereon, but the same may be paid by the levy of a tax upon the taxable property of said county. When the tax is collected by the county treasurer, it shall be paid over, as fast as collected by him, to the judgment creditor, or his assigns, upon the execution and delivery of proper vouchers therefor; but nothing in this section shall operate to prevent the board of county commissioners from paying any such judgment by a warrant drawn by them upon the ordinary county fund in the county treasury. The power conferred to pay such judgment by a special levy of such tax shall be held to be in addition to the taxing power given and granted to such board to levy taxes for other county purposes. The board of county commissioners shall levy under this law such taxes as shall be sufficient to discharge such judgment in the next fiscal year; but in no event shall such annual levy exceed a total of ten mills for one or more judgments exclusive of mill levies for other county purposes. The board of county commissioners shall continue to levy such taxes, not to exceed a total of ten mills annually, exclusive of mill levies for other county purposes, but in no event less than ten mills if such judgment will not be discharged by a lesser levy until such judgment is discharged.
(2) Any and all taxes levied to pay the last payment upon or to pay any such
judgment shall be valid, whether the sum sought to be raised thereby exceeds the sum due on such judgment, principal and interest or not; but such excess of the sum required shall not exceed a sum equal to ten percent of such required sum, and no sale of real estate made to make such taxes shall be invalid by reason of such excess, if the same is within the above specified limit. All levies to pay judgments shall be made as near as possible to raise a sum equal to that due on the judgment, for which payment the tax is levied; but, nevertheless, any excess levied, if such does not exceed the said ten percent of the sum due and desired to be paid, shall not invalidate any tax levy upon or tax sale of real or personal estate made to raise, make, or collect the said sum due and excess.
Source: G.L. � 435. G.S. � 527. L. 1887: p. 240, � 1. R.S. 08: � 1183. C.L. �
- CSA: C. 45, � 7. CRS 53: � 36-2-4. C.R.S. 1963: � 36-2-4. L. 71: p. 1212, � 5.
C.R.S. § 30-28-101
30-28-101. Definitions. As used in this part 1, unless the context otherwise requires:
(1) Disposition means a contract of sale resulting in the transfer of
equitable title to an interest in subdivided land; an option to purchase an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land which is not made pursuant to one of the foregoing.
(2) Evidence means any map, table, chart, contract, or other document or
testimony, prepared or certified by a qualified person to attest to a specific claim or condition, which evidence shall be relevant and competent and shall support the position maintained by the subdivider.
(3) Municipal planning commission means any planning commission or
other body charged with the functions of such commission of any city, city and county, or incorporated town, whether created pursuant to the authority of state statute or of home rule charter.
(4) Planning commission means either a planning commission or, in a
county where there is no planning commission, the board of county commissioners.
(5) Plat means a map and supporting materials of certain described land
prepared in accordance with subdivision regulations as an instrument for recording of real estate interests with the county clerk and recorder.
(6) Preliminary plan means the map of a proposed subdivision and
specified supporting materials, drawn and submitted in accordance with the requirements of adopted regulations, to permit the evaluation of the proposal prior to detailed engineering and design.
(7) Region means the area encompassed by a regional planning
commission, being the combined land areas subject to the jurisdiction of the participating governmental units.
(8) Sketch plan means a map of a proposed subdivision, drawn and
submitted in accordance with the requirements of adopted regulations, to evaluate feasibility and design characteristics at an early state in the planning.
(9) Subdivider or developer means any person, firm, partnership, joint
venture, association, or corporation participating as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a subdivision.
(10) (a) Subdivision or subdivided land means any parcel of land in the
state which is to be used for condominiums, apartments, or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with the provisions of this part 1 with substantially the same density, or which is divided into two or more parcels, separate interests, or interests in common, unless exempted under paragraph (b), (c), or (d) of this subsection (10). As used in this section, interests includes any and all interests in the surface of land but excludes any and all subsurface interests.
(b) The terms subdivision and subdivided land, as defined in paragraph (a)
of this subsection (10), shall not apply to any division of land which creates parcels of land each of which comprises thirty-five or more acres of land and none of which is intended for use by multiple owners.
(c) Unless the method of disposition is adopted for the purpose of evading
this part 1, the terms subdivision and subdivided land, as defined in paragraph (a) of this subsection (10), shall not apply to any division of land:
(I) Which creates parcels of land, such that the land area of each of the
parcels, when divided by the number of interests in any such parcel, results in thirty-five or more acres per interest;
(II) Which could be created by any court in this state pursuant to the law of
eminent domain, or by operation of law, or by order of any court in this state if the board of county commissioners of the county in which the property is situated is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion of this part 1 prior to entry of the court order; and, if the board does not file an appropriate pleading within twenty days after receipt of such notice by the court, then such action may proceed before the court;
(III) Which is created by a lien, mortgage, deed of trust, or any other security
instrument;
(IV) Which is created by a security or unit of interest in any investment trust
regulated under the laws of this state or any other interest in an investment entity;
(V) Which creates cemetery lots;
(VI) Which creates an interest in oil, gas, minerals, or water which is severed
from the surface ownership of real property;
(VII) Which is created by the acquisition of an interest in land in the name of
a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed for purposes of this subsection (10) as only one interest;
(VIII) Which is created by the combination of contiguous parcels of land into
one larger parcel. If the resulting parcel is less than thirty-five acres in land area, only one interest in said land shall be allowed. If the resulting parcel is greater than thirty-five acres in land area, such land area, divided by the number of interests in the resulting parcel, must result in thirty-five or more acres per interest. Easements and rights-of-way shall not be considered interests for purposes of this subparagraph (VIII).
(IX) Which is created by a contract concerning the sale of land which is
contingent upon the purchaser's obtaining approval to subdivide, pursuant to this article and any applicable county regulations, the land which he is to acquire pursuant to the contract;
(X) Which creates a cluster development pursuant to part 4 of this article.
(d) The board of county commissioners may, pursuant to rules and
regulations or resolution, exempt from this definition of the terms subdivision and subdivided land any division of land if the board of county commissioners determines that such division is not within the purposes of this part 1.
(11) Subdivision improvements agreement means one or more security
arrangements which a county shall accept to secure the actual cost of construction of such public improvements as are required by county subdivision regulations within the subdivision. The subdivision improvements agreement may include any one or a combination of the types of security or collateral listed in this subsection (11), and the subdivider may substitute security in order to release portions of the subdivision for sale. The types of collateral which may be used as security under the subdivision improvements agreement are as follows: Restrictions on the conveyance, sale, or transfer of any lot, lots, tract, or tracts of land within the subdivision as set forth on the plat or as recorded by separate instrument; performance or property bonds; private or public escrow agreements; loan commitments; assignments of receivables; liens on property; letters of credit; deposits of certified funds; or other similar surety agreements. Security, other than plat restrictions, required under the subdivision improvements agreement shall equal in value the cost of improvements to be completed but shall not be required on the portion of the subdivision subject to plat restriction. The county shall not require security arrangements with collateral arrangements in excess of the actual cost of construction of the public improvements. The amount of security may be incrementally reduced as subdivision improvements are completed.
(12) Unincorporated means situated outside of cities and towns, so that,
when used in connection with territory, areas, or the like, it covers, includes, and relates to territory or areas which are not within the boundaries of any city or town.
Source: L. 39: p. 309, � 28. CSA: C. 45A, � 28. CRS 53: �� 106-2-28, 106-2-34. L. 59: p. 624, � 6. L. 61: p. 591, � 1. C.R.S. 1963: �� 106-2-27, 106-2-33. L. 72: pp.
499, 500, �� 4, 5. L. 73: pp. 1083, 1084, �� 1, 1. L. 74: (3)(a) amended, p. 334, � 1, effective May 14. L. 75: (11) R&RE, p. 988, � 2, effective July 14. L. 77: (10)(a) amended, p. 1453, � 1, effective May 24; (10)(c)(II) R&RE, p. 1455, � 1, effective May 26. L. 83: (10)(c)(IX) added, p. 1250, � 1, effective May 20. L. 96: (10)(c)(X) added, p. 1880, � 1, effective June 6.
Cross references: (1) For municipal planning and zoning, see article 23 of
title 31.
(2) For definitions applicable to this article, see � 30-26-301 (2)(d).
C.R.S. § 30-35-201
30-35-201. Powers of governing bodies. The governing body of a home rule county shall exercise such duties and authority and shall have all the powers and responsibilities as provided by law for governing bodies of counties not adopting a home rule charter and shall also have all of the following powers that have been included in the county's home rule charter or in any amendment thereto, pursuant to the provisions of section 30-35-103 (1):
(Administrative Powers)
(1) Finances. To control the finances and property of the corporation;
(2) Appropriations. To appropriate moneys for corporate purposes only, and
provide for payment of debts and expenses of the corporation;
(3) Public entertainment. To appropriate moneys in an amount not
exceeding six-tenths of one mill on the valuation for assessment for the purpose of giving public concerts and entertainments by such corporation;
(4) Advertising. To appropriate moneys for the purpose of advertising the
business, social, and educational advantages, the natural resources, and the scenic attractions of the corporation;
(5) Taxes. To levy and collect taxes for general and special purposes on real
and personal property, as provided by statute;
(6) Indebtedness. (a) To contract an indebtedness on behalf of the county
and upon the credit thereof, by borrowing money or issuing the bonds of the county, for any public purpose of the county, including, but not limited to, the supplying of water and sewer facilities service, the purchase of land, and the purchase, construction, extension, and improvement of public roads, streets, buildings, facilities, and equipment, and for the purpose of supplying a temporary deficiency in the revenue for defraying the current expenses of the county;
(b) The total amount of indebtedness for all purposes shall not at any time
exceed three percent of the valuation for assessment of the county as determined by the county assessor, except such debt as may be incurred in supplying water, and no loan for any purpose shall be made unless it is by ordinance, which shall be irrepealable until the indebtedness therein provided for is fully paid or discharged, specifying the purposes to which the funds to be raised shall be applied, and providing for the levying of a tax which, together with such other revenues, assets, or funds as may be pledged, shall be sufficient to pay the annual interest on, and extinguish the principal of, said debt within the time limited for the debt to run, which, excepting such debt as may be incurred in supplying water, shall not be more than thirty years; except that said tax when collected shall only be applied for the purposes in said ordinance specified, until the indebtedness is paid and discharged; but no debt shall be created unless the question of incurring the same is submitted, at a regular or special election of the county, to the registered electors thereof and a majority of the registered electors voting upon the question vote in favor of creating such debt.
(c) No statutory provisions of any other law limiting or fixing tax rates shall
limit the provisions of this subsection (6).
(d) Bonds issued under this subsection (6) may mature serially during a
period of not more than thirty years from the date thereof, in which event the amounts of such annual maturities shall be fixed by the governing body; except that bonds issued to supply water may mature over a longer period. If the governing body so determines, said bonds may be redeemable prior to maturity with or without payment of a premium, not exceeding three percent of the principal thereof. In any event said bonds shall be subject to call commencing not later than fifteen years from the date thereof. The right to redeem all or part of said bonds prior to their maturity, and the order of any such redemption, shall be reserved in the ordinance authorizing the issuance of bonds and shall be set forth on the face of said bonds.
(e) The ordinance or resolution submitting the question of contracting an
indebtedness shall contain a statement of the maximum net effective interest rate at which said indebtedness may be incurred. For the purposes of this article:
(I) Net effective interest rate of a proposed issue of bonds shall be defined
as the net interest cost of said issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities.
(II) Net interest cost of a proposed issue of bonds shall be defined as the
total amount of interest to accrue on said bonds from their date to their respective maturities, plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net effective interest rate and net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.
(f) (I) The governing body, having received approval at an election to issue
bonds and having determined that the limitations of the original election question are too restrictive to permit the advantageous sale of the bonds so authorized, may submit, at another regular or special election, either the question of issuing the bonds, or any portion thereof, at a higher maximum net effective interest rate than the maximum interest rate or maximum net effective interest rate approved at the original election or the question of issuing the bonds, or any portion thereof, to mature over a longer period of time than the maximum period of maturity approved at the original election, or the governing body may submit both such questions.
(II) An election held pursuant to this paragraph (f) shall be held in
substantially the same manner as an election to authorize bonds initially, except as may be required for the submission of the limited question or questions permitted under this paragraph (f).
(III) At an election held pursuant to this paragraph (f), if the changes
submitted are not approved, such result shall not impair the authority of the governing body at a later time to issue the bonds originally approved within the limitations established at the first election.
(7) Officers and employees. To provide by ordinance for the powers, duties,
appointment, term of office, removal, and compensation of all officers and employees of the county not otherwise provided for by the state constitution or by statute or by charter and to provide for a retirement plan for such officers and employees;
(8) Supplies. To provide by ordinance that all the paper, printing, stationery,
fuel, and other supplies needed for the use of the county shall be furnished by contract let to the lowest responsible bidder;
(9) Charges on land. To prescribe, by general ordinance, the mode in which
the charges on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes so authorized by law. Any such charge, when assessed, shall be payable by the owners at the time of the assessment, personally, and also be a lien upon lots or parcels of land from the time of the assessment. Such charge may be collected and such lien enforced by a proceeding in law or in equity, either in the name of such corporation or of any person to whom it shall have directed payment to be made. In any such proceedings where pleadings are required, it shall be sufficient to declare generally for work and labor done and materials furnished on the particular street, alley, or highway, for sewerage, or for water used. Proceedings may be instituted against all the owners, or any of them, to enforce the lien against all the lots or parcels of land, or each lot or parcel, or any number of them embraced in any one assessment; but the judgment or decree shall be for each separately for the amount properly chargeable to each. Any proceedings may be severed in the discretion of the court for the purpose of trial, review, or appeal.
(10) Vacancies. To fill any vacancy occurring by death, removal, or
resignation of any member of the governing body or other elective county officer by the appointment of a successor, and such appointee shall hold his office only until the next election, when the vacancy shall be filled by election as in other cases;
(11) Grants of rights-of-way. To grant, by ordinance and upon such terms
and conditions as may be prescribed therein, rights-of-way through, over, across, and under roads, streets, and alleys;
(Public Works and Services)
(12) Buildings. To construct and maintain public buildings;
(12.5) Energy conservation measures. To enter into installment purchase
contracts or shared-savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.
(13) Streets and public grounds. (a) To plan, establish, open, alter, widen,
extend, grade, pave, or otherwise improve roads, streets, alleys, avenues, sidewalks, parks, and public grounds, and vacate the same, and to direct and regulate the landscaping within the rights-of-way of such roads, streets, and, avenues and on public grounds; to regulate the use of the same; to prevent and remove encroachments or obstructions upon the same; to provide for the lighting of the same; and to provide for the maintenance of the same;
(b) To regulate the openings therein for the laying-out of gas or water mains
and pipes and the building and repairing of sewers, tunnels, and drains or for any other purpose;
(c) To regulate the use of sidewalks along the streets and alleys, and all
structures thereunder, and to require the owner or occupant of any premises to keep the sidewalks free from snow and other obstructions;
(d) To regulate and prevent the throwing or depositing of ashes, garbage, or
any offensive matter in, and to prevent any injury to, any road, street, avenue, alley, or public ground;
(e) To provide for and regulate crosswalks, curbs, and gutters;
(f) To regulate and prevent the use of roads, streets, sidewalks, and public
grounds for the erection of signs, signposts, awnings, awning posts, and utility poles and for the posting of handbills and advertisements; to regulate and prohibit the exhibition or carrying of banners, placards, advertisements, or handbills upon the streets or public grounds or upon the sidewalks; and to regulate and prevent the flying of flags, banners, or signs across the streets or from houses or other structures;
(g) To regulate the numbering of houses and lots and to name and change
the name of any road, street, avenue, alley, or other public place;
(14) Bridges and tunnels. To construct and maintain bridges, viaducts, and
tunnels and to regulate the use thereof;
(15) Sewers and water mains. To construct and maintain culverts, drains,
sewers, water mains, septic tanks, and cesspools and to regulate their use and to assess, either in whole or in part, the cost of the construction of sewers, water mains, and drains upon the lots or lands adjacent to and opposite the improvements in proportion to the frontage of such lots or lands abutting upon the road, street, or alley wherein such sewer, water main, or drain is to be laid. The benefit to the public generally, if any, shall be determined by ordinance and shall be assessed against the county, and the balance may be assessed against the lots or lands and the owners thereof, according to the frontage.
(16) Lease or purchase of canals. To purchase or lease any canal or ditch
already constructed, or which may hereafter be constructed, and all the rights, privileges, and franchises of any person or corporation owning the same or having any interest or right therein, and to hold and operate the same in the same manner as the persons or corporations from whom the same may be purchased or leased might otherwise do, if such purchase or lease is made for the purpose of supplying, by said ditch or canal, water for the use of the people of the county and if a majority of the registered electors of the county voting at any regular election held for the election of county officers vote in favor of said purchase;
(17) Obligations - repair - management. In making a purchase or lease
pursuant to subsection (16) of this section, to assume all obligations and other duties which by law devolve upon the owner of such ditch or canal from whom the same may be purchased or leased by virtue of subsection (16) of this section and to repair, improve or enlarge said canal or ditch or any flume, dam, or gate connected therewith and, for such objects, to levy and collect taxes in the same manner as other taxes are levied and collected by law. The management of such ditch or canal shall be under the control of the governing body of a home rule county.
(18) Counties may purchase water rights. To purchase water and water
rights for the purpose of supplying counties and the inhabitants thereof with water. When deemed necessary and proper, the governing body of a county may purchase and hold the lands with which said water right is connected, whether the same is within or beyond the corporate limits thereof.
(19) May divert waters - sell lands. To divert the waters acquired by
purchase, to the amount and extent theretofore lawfully appropriated, for the use of the county and the inhabitants thereof and to sell such lands whenever the governing body of a county may deem such course advisable;
(20) Ratification of prior rights purchased. To exercise the right to hold and
retain water rights, or such lands and water rights as may have been purchased prior to June 8, 1981, by any county in this state for the purpose of providing water for the use thereof or for the use of its inhabitants, such right hereby being given and ratified and confirmed to the county; and also to exercise the right to divert the water belonging to such rights for the use of the county and the inhabitants thereof; and to sell and dispose of such lands so purchased separate and apart from the water rights as provided in subsection (19) of this section;
(21) Water pollution control. (a) To cooperate with and report to the water
quality control commission and the department of public health and environment concerning any instances of water pollution, but this paragraph (a) shall not be construed to affect any activity conducted in compliance with any valid permit, license, or other authority granted or issued by any agency of the state or federal government;
(b) To apply for and to accept grants or loans or any other aid from the
federal or state government or any agent or instrumentality thereof or any private agency;
(c) To construct, reconstruct, lease, improve, better, and extend sewerage
facilities and sewage treatment works wholly within or wholly without the county or partially within and partially without the county;
(d) To issue its general obligation bonds or other general obligations for the
purpose set forth in, and within the limitations prescribed by, subsection (6) of this section and to issue its revenue bonds or obligations for such purpose in accordance with law;
(e) To provide that such bonds or obligations or any part thereof may be sold
to the state of Colorado or the United States of America or any agency or instrumentality of either at private sale and without advertisement;
(f) To cooperate with other local public bodies and with state and federal
agencies by contract for the joint construction and financing of sewerage facilities and sewage treatment works and the maintenance and operation thereof;
(g) To enter into joint operating agreements with industrial enterprises and
accept gifts or contributions from such industrial enterprises for the construction, reconstruction, improvement, and extension of sewerage facilities and sewage treatment works. When determined by its governing body to be in the public interest and necessary for the protection of the public health, the county is authorized to enter into and perform contracts, whether long-term or short-term, with any industrial establishment for the provision and operation by the county of sewerage facilities to abate or reduce the pollution of waters caused by discharges of industrial wastes by the industrial establishment and the payment periodically by the industrial establishment to the county of amounts at least sufficient, in the determination of such governing body, to compensate the county for the cost of providing, including the payment of the principal and any interest charges, and of operating and maintaining the sewerage facilities serving such industrial establishment.
(22) Firehouses, equipment, and firefighters. To erect firehouses, and
provide fire equipment for the extinguishment of fires and to provide for the use and management of the same; to determine the powers and duties of the members of the fire department in taking charge of property to the extent necessary to bring under control and extinguish any fire and to preserve and protect property not destroyed by fire; and to restrain persons from interfering with the discharge of the duties of the members of the fire department in connection with the fighting of any fire;
(23) Hospitals and places of relief. (a) To erect, establish, and maintain
public hospitals, medical dispensaries, and other health facilities;
(b) The limitations on borrowing and incurring indebtedness set forth in
section 25-3-304 (2), C.R.S., shall not apply to county hospitals established in home rule counties, as that term is defined in part 5 of article 11 of this title. The board of public hospital trustees in such home rule counties shall have the power to borrow money and enter into long term leases even where such indebtedness may not be repaid for more than one year and such indebtedness shall not require the approval of the board of county commissioners of such county unless such power to approve such indebtedness is specifically reserved to the board of county commissioners in the county home rule charter. The home rule county shall incur no liability as a result of the actions to incur indebtedness by such board of public hospital trustees.
(24) Cemeteries. To establish and regulate cemeteries within or without the
corporation and acquire lands therefor, by purchase or otherwise, and to cause cemeteries to be removed;
(25) Franchise and charges for utilities. When the right to build and operate
such water or cable television systems is granted to private individuals or incorporated companies by the county, to make such grant to inure for a term of not more than twenty-five years and to authorize such individuals or company to charge and collect from each person supplied by them with water or such water or cable television charges as may be agreed upon between said person or corporation so building said works and the county; and to enter into a contract with the individual or company constructing said works to supply the county with water for fire purposes and for such other purposes as may be necessary for the health and safety thereof and to pay therefor such sums as may be agreed upon between said contracting parties;
(26) Assessments for utility charges. To assess from time to time, when
constructing such water or cable television systems, in such manner as they shall deem equitable upon each tenement or other place supplied with such service, such charges as may be agreed upon by the governing body. At the regular time for levying taxes in each year, said county is hereby empowered to levy and cause to be collected, in addition to the other taxes authorized to be levied, a special tax on taxable property in the county. Such tax, with charges hereby authorized, shall be sufficient to pay the expenses of operating and maintaining such systems. If the right to build, maintain, and operate such systems is granted to private individuals or incorporated companies by the county, and the county shall contract with said individuals or companies for the supplying of such services for any purpose, the county shall levy each year and cause to be collected a special tax as provided for above, sufficient to pay off such charges so agreed to be paid to said individuals or company constructing said systems, but the said special tax shall not exceed the sum of three mills on the dollar for any one year.
(27) Water facilities and taxes. To construct public wells, cisterns, and
reservoirs in the roads, streets, and other public and private places within the county, or beyond the limits thereof, and to provide proper pumps and conduits or ditches, for the purpose of supplying such county with water; and to levy an equitable and just tax or charge upon all consumers of water for the purpose of defraying the expense of such improvements;
(28) Supply water to outside consumers. To supply water from their water
systems to consumers outside of the county and to collect therefor such charges, upon such conditions and upon such limitations as the county may impose by ordinance;
(29) Parks - recreational facilities - conservation easements. (a) To
acquire, establish, and maintain such lands, or interests in land, within the county as in the judgment of the governing body may be necessary, suitable, or proper for boulevards, parkways, avenues, driveways, and roadways or for park or recreational purposes for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest.
(b) Interests in land, as used in subsections (29) to (39) of this section,
means and includes any and all rights and interests in land less than the full fee interest, including, but not limited to, future interests, easements, covenants, and contractual rights. Every such interest in land held pursuant to this subsection (29), when recorded, shall be deemed to run with the land to which it pertains for the benefit of the county holding such interest and may be protected and enforced by a county in any court of general jurisdiction by any proceeding known at law or in equity.
(c) Any county may unite with any other similarly authorized political
subdivision of this state in acquiring, establishing, and maintaining any property which a county is authorized to acquire, establish, or maintain pursuant to this subsection (29).
(30) Lands or interests in land acquired. With respect to lands, or interests
in land, for any of the purposes mentioned in subsection (29) of this section, to acquire, either by gift, devise, or purchase, but no land shall be purchased for such purpose until the governing body shall adopt an ordinance authorizing such acquisition and stating the location and legal description of the lands to be acquired and, in case of purchase, the price to be paid and the manner of payment or unless the proposal to acquire such lands shall be submitted upon petition pursuant to subsection (33) of this section and approved by the electors of the county. Lands or interests in land given or devised to a county for the purposes mentioned shall be accepted or refused by ordinance passed by the governing body of the county.
(31) Management - licenses - franchises. Exclusively, to manage and
control all parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads as mentioned in subsection (29) of this section and, exclusively, to lay out, regulate, and improve the same, to prohibit certain or heavy traffic therein and thereon, to grant or refuse licenses to vend goods on the roads, streets, or sidewalks within three hundred feet of any park entrance and on the streets and sidewalks adjoining parks, and to establish and maintain necessary rules and regulations for the proper supervision and government thereof. The county shall have such additional powers relating thereto as may be prescribed by ordinance, and the governing body shall provide, by ordinance, for the enforcement of such rules and orders.
(32) Bequests for park purposes. Upon such trusts or conditions as may be
approved by the county real or personal property may be granted, bequeathed, devised, or conveyed to the county for the purpose of the improvement or ornamentation of any park, pleasure ground, boulevard, parkway, avenue, driveway, or road or for the establishment or maintenance in parks or pleasure grounds of museums, zoological or other gardens, collections of natural history, observatories, libraries, monuments, or works of art. All such property or the rents, issues, and profits thereof shall be subject to the exclusive management and control of the county.
(33) Acquisition and bonds submitted to electors. (a) For any of the
purposes named in subsection (29) of this section within the county limits, to acquire, by purchase, gift, devise, or exchange, lands, or interests in land, which may be necessary, suitable, or proper. No lands or interests in land shall be so acquired by purchase unless the governing body has adopted an ordinance in accordance with the provisions of subsection (30) of this section. No indebtedness shall be created nor shall any bonds be issued for acquiring such lands or interests in land, unless the question of incurring such debt and issuing such bonds shall have been submitted at a regular election to a vote of those persons qualified to vote on authorization of other bonded indebtedness and approved as required by subsection (6) of this section.
(b) The governing body, upon petition of the registered electors of the
county, equal in number to ten percent of the total number of such electors voting at the last regular election of the county, shall submit at the next regular election either or both of the questions of acquisition or of incurring bonded indebtedness by separate ordinance. In the ordinance submitting the question of the acquisition of such lands or interests in land, the governing body shall state the location of the land or interests in land proposed to be acquired, describing the same by legal subdivisions, wherever practicable, and the consideration to be given for the purchase and the manner of payment; and, in the ordinance submitting the question of incurring indebtedness, the governing body shall state the maximum net effective interest rate at which the bonds may be issued. If the only question to be submitted is the acquisition of such properties, the question may be submitted at a regular or special election. If the acquisition or incurring of indebtedness or both have been approved as required by subsection (6) of this section, the governing body shall acquire such lands or interests in land, incur said indebtedness, or both, pursuant to said authorization.
(34) Park fund - certified vouchers. To provide for a park fund which shall
consist of moneys levied, collected, and appropriated therefor and coming into the fund by donation or otherwise. All moneys collected and credited to the park fund shall be used for the maintenance and improvement of parks, parkways, boulevards, avenues, driveways, and roads and shall be expended by the county as in their judgment the needs of such property shall require. The same shall be drawn upon the proper officers of the county, upon vouchers properly authenticated.
(35) Maximum tax levy - moneys credited. (a) As a part of the annual levies
authorized by law, to annually levy, assess, and collect upon each dollar of taxable property within the county not more than one and one-half mills for the purposes of said park fund, the proceeds of which shall be collected in the same manner as other county taxes and shall be appropriated to the park fund.
(b) All moneys collected or received or levied or appropriated by the county
for park purposes shall be deposited in the county treasury to the credit of the park fund. Any portion thereof remaining unexpended at the end of any fiscal year or at any other time shall not in any event revert into the general fund nor be subject to appropriation for general purposes.
(36) Acquisition of park land by assessment and bond sale. In addition to
the powers conferred to acquire lands for parks and parkways by the sale of the general bonds of the county, to acquire boulevards, parkways, avenues, driveways, and roads, in the manner provided in subsection (37) of this section, the same to be paid for by special assessments upon all the other real estate, except avenues, boulevards, streets, and roads, in the county or partly out of the proceeds of the sale of the general bonds of the county and partly by such assessments as the same may be determined by ordinance.
(37) Acquisition by condemnation. For the purpose of acquiring lands for
boulevards, parkways, avenues, driveways, and roads, to select and, by a suitable proceeding in the name of the county and without the passage of any ordinance, to condemn real property, to purchase any real property so selected for one or more boulevards, parkways, avenues, driveways, or roads, and to select routes and streets for the purpose of establishing and maintaining a system of connecting boulevards and pleasure ways or parkways therein. All such condemnation proceedings shall be in accordance with the general laws of the state, so far as the same are applicable, but the benefit to other lands shall be ascertained and assessed.
(38) Park bonds. To pay for the parks and pleasure grounds, boulevards,
parkways, avenues, driveways, and roads established by any county, or such part thereof, as may be determined by the county, in park bonds of the county of a date and form prescribed by the county, bearing the name of the county, and payable to bearer at such times and in a sufficient period of years to cover the period of payments provided for, with interest annually at a rate or rates such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, as may be determined by the governing body. The bonds shall be signed by the executive officer, countersigned by the county clerk and recorder, and bearing the seal of the county endorsed thereon, the interest to be evidenced by suitable coupons attested by a facsimile of the signature of the county clerk and recorder.
(39) Control of park grounds. In all cases where any home rule county has
acquired lands for parks, parkways, boulevards, or roads, to have full police power and jurisdiction and full power and authority in the management, control, improvement, and maintenance of and over any and all such lands so acquired; to have power and authority to provide by ordinance for the regulation and control of its lands so acquired and to prevent the commission of any and all acts which are or may be declared unlawful and to prosecute and punish the violation of any ordinances in its county courts. A county shall have like power and jurisdiction to regulate and prevent the erection, construction, and maintenance, within three hundred feet of any such park, parkway, boulevard, or road, of any advertisement or of any billboard or other structure for advertisements, and the county shall also have like power and jurisdiction over the use of any public roads, boulevards, or parkways within such parks and running over or through or between such lands and any public roads, boulevards, or parkways between any such parks or pleasure ground and its county boundaries.
(Building and Zoning Regulations)
(40) Planning and zoning. To exercise the powers of planning and zoning
pursuant to the provisions of article 28 of this title;
(Condemnation Powers)
(41) Streets and sewers. To extend, by condemnation or otherwise, any
road, street, alley, or highway, over or across, or to construct any sewer under or through any railroad track, right-of-way, or land of any railroad company, within the county jurisdiction, but, where no compensation is made to such railroad company, the county shall restore such railroad track, right-of-way, or land to its former condition or in a sufficient manner not to have impaired its usefulness;
(42) Public transportation - rights-of-way. To grant the use of, or right to
lay down, any railroad track in any road or street of the county to any public transportation company;
(43) Utilities. To condemn and appropriate so much private property as shall
be necessary for the construction and operation of sewers in such manner as may be prescribed by law;
(Ordinance Power)
(44) Power and penalties. To pass all ordinances and rules and make all
regulations proper or necessary to carry into effect the powers granted to home rule counties, with such fines and penalties as the governing body shall deem proper, but no fine or penalty shall exceed three hundred dollars, and no imprisonment shall exceed ninety days for one offense;
(45) Enforcement. To enact and provide for the enforcement of all county
ordinances necessary to protect life, health, and property; to prevent and remove nuisances defined by statute and upon complaint to the district attorney; to preserve the general welfare, order, and security of the county and its inhabitants;
(46) Parking - facilities. To provide, by ordinance, for the construction,
maintenance, and operation of public parking facilities, buildings, stations, or lots by the county and to pay for the cost thereof by general tax levy or otherwise or by the issuance of bonds of the county, which bonds may be retired by revenues assessed and collected as rentals, fees, or charges from the operation of such facilities or from parking meter rentals or charges.
Source: L. 81: Entire article added, p. 1462, � 1, effective June 8. L. 91: (12.5)
added, p. 733, � 5, effective May 1. L. 94: (21)(a) amended, p. 2801, � 563, effective July 1.
C.R.S. § 30-35-903
30-35-903. Use of districts. (1) Such special taxing districts shall be used when a service or level of service which a county is authorized to provide is to be provided in substantially less than the entire area included within the county and where resulting ad valorem taxes or charges may vary from those imposed in other areas within the county.
(2) As long as the service is provided to the included territory, a special
taxing district may include, subject to the limitations of section 30-35-103 (2), any territory within a county. The included territory need not be contiguous if the noncontiguous territory is essential to the provision of such services or improvements, and the same territory may lie within more than one special taxing district so long as there is no duplication of services or improvements.
(3) No tract or parcel of real estate used for manufacturing, mining, railroad,
agricultural, or industrial purposes, together with the buildings, improvements, machinery, or equipment or other personal property thereon, for which no direct benefit is provided by the services or improvements of the special taxing district, shall be included therein without the written consent of the owner thereof. If, contrary to the provisions of this subsection (3), any such tract, parcel, or other property thereon is included in any special taxing district, the owner thereof, upon petition to the governing body of the home rule county, shall be entitled to have the same excluded from the special taxing district free and clear of any contract, obligation, lien, or charge to which it might have been liable as a part of the special taxing district.
Source: L. 81: Entire article added, p. 1484, � 1, effective June 8.
C.R.S. § 31-12-105
31-12-105. Limitations. (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations apply to all annexations:
(a) In establishing the boundaries of any territory to be annexed, no land held
in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way.
(b) In establishing the boundaries of any area proposed to be annexed, no
land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other public way.
(c) No annexation pursuant to section 31-12-106 and no annexation petition
or petition for an annexation election pursuant to section 31-12-107 shall be valid when annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with section 31-12-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date.
(d) As to any annexation which will result in the detachment of area from any
school district and the attachment of the same to another school district, no annexation pursuant to section 31-12-106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation.
(e) (I) Except as otherwise provided in this paragraph (e), no annexation may
take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section 31-12-104 (1)(a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three-mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone.
(II) Prior to completion of an annexation in which the contiguity required by
section 31-12-104 (1)(a) is achieved pursuant to subparagraph (I) of this paragraph (e), the municipality shall annex any of the following parcels that abut a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, where the parcel satisfies all of the eligibility requirements pursuant to section 31-12-104 and for which an annexation petition has been received by the municipality no later than forty-five days prior to the date of the hearing set pursuant to section 31-12-108 (1):
(A) Any parcel of property that has an individual schedule number for county
tax filing purposes upon the petition of the owner of such parcel;
(B) Any subdivision that consists of only one subdivision filing upon the
petition of the requisite number of property owners within the subdivision as determined pursuant to section 31-12-107; and
(C) Any subdivision filing within a subdivision that consists of more than one
subdivision filing upon the petition of the requisite number of property owners within the subdivision filing as determined pursuant to section 31-12-107.
(e.1) The parcels described in subparagraph (II) of paragraph (e) of this
subsection (1) shall be annexed under the same or substantially similar terms and conditions and considered at the same hearing and in the same impact report as the initial annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Impacts of the annexation upon the parcels described in subparagraph (II) of paragraph (e) of this subsection (1) that abut such platted street or alley, public or private right-of-way, public or private transportation right-of-way or area, or lake, reservoir, stream, or other natural or artificial waterway shall be considered in the impact report required by section 31-12-108.5. As part of the same hearing, the municipality shall consider and decide upon any petition for annexation of any parcel of property having an individual schedule number for county tax filing purposes, which petition was received not later than forty-five days prior to the hearing date, where the parcel abuts any parcel described in subparagraph (II) of paragraph (e) of this subsection (1) and where the parcel otherwise satisfies all of the eligibility requirements of section 31-12-104.
(e.3) In connection with any annexation in which the contiguity required by
section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, upon the latter of ninety days prior to the date of the hearing set pursuant to section 31-12-108 or upon the filing of the annexation petition, the municipality shall provide, by regular mail to the owner of any abutting parcel as reflected in the records of the county assessor, written notice of the annexation and of the landowner's right to petition for annexation pursuant to section 31-12-107. Inadvertent failure to provide such notice shall neither create a cause of action in favor of any landowner nor invalidate any annexation proceeding.
(f) In establishing the boundaries of any area proposed to be annexed, if a
portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed.
(g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a
municipality shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality.
(h) The execution by any municipality of a power of attorney for real estate
located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article.
(i) For any annexation that will result in annexation of lands within the
exterior boundaries of a reservation of a federally recognized Indian tribe located within the state, no annexation pursuant to section 31-12-106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution or ordinance of the tribal council or other governing body of the federally recognized Indian tribe within whose reservation the annexation will occur approving the annexation. This subsection (1)(i) applies to annexation of all lands within the exterior boundaries of a reservation of a federally recognized Indian tribe located within the state regardless of the status of the lands sought to be annexed.
Source: L. 75: Entire title R&RE, p. 1078, � 1, effective July 1. L. 87: (1)(e) to
(1)(g) added, p. 1218, � 2, effective May 28. L. 96: (1)(h) added, p. 1770, � 69, effective July 1. L. 97: (1)(c) and (1)(d) amended, p. 994, � 1, effective May 27. L. 2001, 2nd Ex. Sess.: (1)(e) amended and (1)(e.1) and (1)(e.3) added, p. 32, � 2, effective November 6. L. 2024: IP(1) amended and (1)(i) added, (SB 24-193), ch. 451, p. 3137, � 2, effective June 6.
Editor's note: This section is similar to former � 31-8-105 as it existed prior to
1975.
C.R.S. § 31-15-401
31-15-401. General police powers. (1) In relation to the general police power, the governing bodies of municipalities have the following powers:
(a) To regulate the police of the municipality, including employing certified
peace officers to enforce all laws of the state of Colorado notwithstanding section 16-2.5-201, and pass and enforce all necessary police ordinances;
(b) To do all acts and make all regulations which may be necessary or
expedient for the promotion of health or the suppression of disease;
(c) To declare what is a nuisance and abate the same and to impose fines
upon parties who may create or continue nuisances or suffer nuisances to exist; except that a municipal ordinance may impose liability on the owner of real property for a nuisance committed on the property by a tenant in lawful possession of the property only if the municipality notifies the property owner and tenant of the nuisance before a fine or other liability is imposed;
(d) (I) To provide for and compel the removal of weeds, brush, and rubbish of
all kinds from lots and tracts of land within such municipalities and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as such municipalities prescribe by ordinance, and to assess the whole cost thereof, including five percent for inspection and other incidental costs in connection therewith, upon the lots and tracts of land from which the weeds, brush, and rubbish are removed. The assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments.
(II) If an assessment is not paid within a reasonable time specified by
ordinance and a municipality complies with the recording and certification requirements specified in subsection (1)(d)(III) of this section, the amount of the unpaid assessment may be certified to the county treasurer who shall collect the assessment, together with a ten percent penalty for cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, apply to the collection of such assessments.
(III) A county treasurer shall accept for collection pursuant to subsection
(1)(d)(II) of this section and section 31-20-105 a lien levied pursuant to subsection (1)(d)(I) of this section if:
(A) Within four months of abating a nuisance pursuant to subsection (1)(d)(I)
of this section, a municipality files for recording a notice of lien with the county clerk and recorder of the county in which the real property is located; and
(B) Within one year of filing the notice of lien for recording specified by
subsection (1)(d)(III)(A) of this section, a municipality certifies the amount of the unpaid assessment for which the lien was levied to the county treasurer of the county in which the real property is located.
(e) To prevent and suppress riots, routs, affrays, noises, disturbances, and
disorderly assemblies in any public or private place;
(f) To prevent fighting, quarreling, dog fights, cock fights, and all disorderly
conduct;
(g) To suppress bawdy and disorderly houses and houses of ill fame or
assignation within the limits of the municipality or within three miles beyond, except where the boundaries of two municipalities adjoin the outer boundaries of the municipality; to suppress gaming and gambling houses, lotteries, and fraudulent devices and practices for the purpose of gaining or obtaining money or property; and to regulate the promotion or wholesale promotion of obscene material and obscene performances, as defined in part 1 of article 7 of title 18, C.R.S.;
(h) To restrain and punish loiterers, mendicants, and prostitutes;
(i) To prohibit and punish for cruelty to animals;
(j) To establish and erect jails, correction centers, and reform schools for the
reformation and confinement of loiterers and disorderly persons and persons convicted of violating any municipal ordinance, to make rules and regulations for the government of the same, and to appoint necessary officers and assistants therefor;
(k) To use the county jail for the confinement or punishment of offenders,
subject to such conditions as are imposed by law, and with the consent of the board of county commissioners;
(l) To authorize the acceptance of a bail bond when any person has been
arrested for the violation of any ordinance and a continuance or postponement of trial is granted. When such bond is accepted, it shall have the same validity and effect as bail bonds provided for under the criminal statutes of this state.
(m) (I) To regulate and to prohibit the running at large and keeping of
animals, including fowl, within the municipality and to otherwise provide for the regulation and control of such animals including, but not limited to, licensing, impoundment, and disposition of impounded animals.
(II) In case any municipality neglects or refuses to pass an ordinance in
conformity with this paragraph (m), anyone impounding an animal running at large within the limits of said municipality shall notify the state board of stock inspection commissioners, and said animal shall be disposed of by said board as provided in article 44 of title 35, C.R.S.
(n) To regulate and license pawnbrokers as provided in section 29-11.9-102;
(o) To enact and enforce ordinances prohibiting gambling and the use of any
gambling device, as the terms are defined in section 18-10-102, in a park, on a public way, or on a street; except that in enacting and enforcing the ordinances, a municipality, notwithstanding any other provision of law to the contrary, may also prohibit social gambling in or on parks, public ways, or streets. Nothing in this subsection (1)(o) shall be construed as prohibiting pari-mutuel betting or wagering under article 32 of title 44.
(p) (I) To adopt reasonable regulations for the operation of establishments
open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishment; except that such regulations shall not be tantamount to a complete prohibition of such operation. Such regulations may include the following:
(A) Minimum age requirements for admittance to such establishments;
(B) Limitations on the hours during which such establishments may be open
for business; and
(C) Restrictions on the location of such establishments with regard to
schools, churches, and residential areas.
(II) The governing body of the municipality may enact ordinances which
provide that any establishment which engages in repeated or continuing violations of regulations adopted by the governing body shall constitute a public nuisance. In addition to the power provided for in paragraph (c) of this subsection (1) the governing body of the municipality may bring an action for an injunction against the operation of such establishment in a manner which violates such regulations.
(III) Nothing in the regulations adopted by the governing body of the
municipality pursuant to this paragraph (p) shall be construed to apply to the presentation, showing, or performance of any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.
(q) (I) To control and limit fires, including but not limited to the prohibition,
banning, restriction, or other regulation of fires and the designation of places where fires are permitted, restricted, or prohibited.
(II) Nothing in this paragraph (q) shall be construed to preempt or supercede
state, tribal, or federal law concerning the control, limitation, or other regulation of fires described in this paragraph (q).
(r) May independently initiate and bring civil actions to enforce:
(I) Parts 1, 2, 5, 7, 9, 11, 12, and 14 of article 12 of title 38; and
(II) Beginning January 1, 2026, parts 4, 8, and 10 of article 12 of title 38.
(2) (a) Notwithstanding any law to the contrary, a contract between a
municipality and a private attorney who the county retains in relation to a civil action described in subsection (1)(r) of this section shall specify an hourly rate, not to exceed five hundred dollars per hour, at which the municipality compensates the private attorney.
(b) A municipality may use an amount equal to or less than ten percent of
any monetary award received as a result of a civil action commenced pursuant to subsection (1)(r) of this section to cover the costs of that civil action, including attorney fees.
(c) In commencing a civil action pursuant to subsection (1)(r) of this section, a
municipality may confer with any housing authority created pursuant to title 29 that serves the municipality in whole or in part.
Source: L. 75: Entire title R&RE, p. 1108, � 1, effective July 1. L. 76: (1)(g)
amended, p. 559, � 3, effective July 1. L. 77: (1)(g) amended, p. 985, � 2, effective July 1. L. 82: (1)(g) amended, p. 627, � 34, effective April 2. L. 84: (1)(o) added, p. 838, � 1, effective April 2; (1)(n) added, p. 443, � 3, effective July 1. L. 85: (1)(p) added, p. 1060, � 2, effective May 10. L. 86: (1)(g) amended, p. 784, � 7, effective April 21. L. 2002, 3rd Ex. Sess.: (1)(q) added, p. 38, � 4, effective July 17. L. 2005: (1)(c) amended, p. 550, � 1, effective January 1, 2006. L. 2017: (1)(a) amended, (SB 17-066), ch. 105, p. 386, � 3, effective April 4; (1)(n) amended, (SB 17-228), ch. 246, p. 1042, � 8, effective August 9. L. 2018: (1)(o) amended, (HB 18-1024), ch. 26, p. 324, � 19, effective October 1. L. 2023: (1)(d)(II) amended and (1)(d)(III) added, (SB 23-052), ch. 55, p. 197, � 1, effective August 7. L. 2025: (1)(r) and (2) added, (SB 25-020), ch. 264, p. 1357, � 5, effective August 6.
Editor's note: The provisions of this section are similar to provisions of
several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.
Cross references: For requirement that a municipality be made a party in any
proceeding involving the validity of an ordinance or franchise and that the attorney general be served with a copy in any proceeding involving the constitutionality of an ordinance or franchise, see � 13-51-115 and C.R.C.P. 57(j); for the authority of counties to adopt regulations pursuant to their police powers, see � 30-15-401; for the penalty for livestock grazing on roads and in municipalities, see � 35-46-105.
C.R.S. § 31-15-501
31-15-501. Powers to regulate businesses. (1) The governing bodies of municipalities have the following powers to regulate businesses:
(a) To prohibit within the limits of the municipality any offensive or
unwholesome business or establishment and also to prohibit the carrying on of any business or establishment in an offensive and unwholesome manner within the limits of the municipality;
(b) To compel the owner of any grocery, cellar, soap or tallow candlery,
tannery, stable, pigsty, privy, sewer, or other unwholesome or nauseous house or place to cleanse, abate, or remove the same, and to regulate the location thereof;
(c) To license, regulate, and tax, subject to any law of this state, any lawful
occupation, business place, amusement, or place of amusements and to fix the amount, terms, and manner of issuing and revoking licenses issued therefor; except that, for purposes of the application of any occupational privilege tax, oil and gas wells and their associated production facilities have not been, are not, and shall not be considered an occupation or business place subject to such tax;
(d) To direct the location and regulate the management and construction of
slaughterhouses, packing houses, renderies, tallow candleries, bone factories, soap factories, tanneries, and dairies within the limits of the municipality;
(e) To direct the location and regulate the use and construction of breweries,
distilleries, livery stables, blacksmith shops, and foundries within the limits of the municipality;
(f) (I) To license, regulate, and control the laying of railroad tracks, to provide
for and change the location, grade, and crossing of any railroad, and to control, regulate, and prohibit the use of steam engines and locomotives propelled by steam power within the corporate limits;
(II) To require railroad companies to fence their respective railroads or any
portion of the same and to construct cattle guards at crossings of streets and public roads and keep the same in repair within the limits of the municipality;
(III) To require railroad companies to keep flagmen at railroad crossings of
streets and to provide protection against injury to persons and property in the use of such railroads;
(IV) To compel such railroads to raise or lower their railroad tracks to
conform to any grade which may at any time be established by such municipality and, when such tracks run lengthwise of any street, alley, or highway, to keep their tracks on a level with the street surface so that such tracks may be crossed at any place on such street, alley, or highway;
(V) To compel and require railroad companies to make, keep open, and keep
in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that filthy or stagnant pools of water cannot stand on their grounds or rights-of-way and so that the natural drainage of adjacent property shall not be impeded;
(g) To license, tax, regulate, suppress, and prohibit hucksters, peddlers,
pawnbrokers, and keepers of ordinaries, theatrical and other exhibitions, shows, and amusements and to revoke such license at pleasure;
(h) To license, tax, and regulate hackmen, omnibus drivers, carters, cabmen,
porters, expressmen, and all others pursuing like occupations and to prescribe the compensation;
(i) To license, regulate, tax, and restrain runners for stages, cars, public
houses, or other things or persons;
(j) To license, regulate, tax, or prohibit and suppress billiard, bagatelle,
pigeonhole, or any other tables or implements kept or used for a similar purpose in any place of public resort and pin alleys and ball alleys;
(k) To regulate the sale of meats, poultry, fish, butter, cheese, lard,
vegetables, and all other provisions and to provide for the place and manner of selling the same. It is unlawful for any municipality to impose by ordinance or otherwise any license, assessment, or other charge upon any person bringing food products to such municipality for sale, either in bulk or by retail, from house to house if said food products were grown or raised by the person so having them for sale and are products of the state of Colorado.
(l) To regulate the sale of bread in the municipality and to prescribe the
weight and quality of the bread in the loaf;
(m) To provide for and regulate the inspection of meats, poultry, fish, butter,
cheese, lard, vegetables, flour, meal, and other provisions;
(n) To provide for the inspection and sealing of weights and measures;
(o) To enforce the keeping and use of proper weights and measures by
vendors;
(p) To tax, license, and regulate auctioneers, lumberyards, livery stables,
public scales, money changers, and brokers; except that the exercise of their powers shall not interfere with sales made by sheriffs, tax collectors, coroners, marshals, executors, guardians, any assignees of insolvent debtors, bankrupts, or debtors under the federal bankruptcy code of 1978 (title 11 of the United States Code), or any other persons required by law to sell real or personal property at auction;
(q) To tax, license, and regulate secondhand and junk stores, to forbid their
purchasing or receiving from minors without the written consent of their parents or guardians any article, and to compel a record of purchases to be kept, subject at all times to the inspection by the police;
(r) To charge a fee for a local license and establish licensing requirements on
businesses engaged in the storage, extraction, processing, or manufacturing of industrial hemp, as defined in section 35-61-101 (7), or hemp products, as defined in section 25-5-427 (2)(d). A municipality shall not impose additional food production regulations on hemp processors or hemp products if the regulations conflict with state law.
(2) Repealed.
Source: L. 75: Entire title R&RE, p. 1110, � 1, effective July 1. L. 80: (1)(p)
amended, p. 785, � 12, effective June 5. L. 96: (1)(c) amended, p. 346, � 2, effective April 17. L. 99: (1)(a) and (1)(d) amended, p. 63, � 1, effective July 1. L. 2006, 1st Ex. Sess.: (2) added, p. 29, � 3, effective January 1, 2007. L. 2019: (1)(r) added, (SB 19-240), ch. 351, p. 3245, � 3, effective May 29. L. 2021: (2) repealed, (SB 21-077), ch. 186, p. 998, � 6, effective September 7; (2) repealed, (SB 21-199), ch. 351, p. 2283, � 6, effective July 1, 2022. L. 2023: (1)(r) amended, (SB 23-271), ch. 444, p. 2618, � 13, effective June 7.
Editor's note: The provisions of this section are similar to provisions of
several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.
PART 6
BUILDING AND FIRE REGULATIONS
C.R.S. § 31-15-707
31-15-707. Municipal utilities. (1) The governing body of each municipality has the power:
(a) (I) To acquire waterworks, gasworks, and gas distribution systems for the
distribution of gas of any kind or electric light and power works and distribution systems, or heating and cooling works and distribution systems for the distribution of heat and cooling obtained from geothermal resources, solar or wind energy, hydroelectric or renewable biomass resources, including waste and cogenerated heat, and all appurtenances necessary to any of said works or systems or to authorize the erection, ownership, operation, and maintenance of such works and systems by others. No such works or systems, except waterworks, shall be acquired or erected by a municipality until the question of acquiring or erecting the same is submitted at a regular or special election and approved in the manner provided for authorization of bonded indebtedness by section 31-15-302 (1)(d) and in accordance with the requirements of law, including requirements of law relating to the acquisition and financing of public utilities by municipalities. The question of acquiring or erecting a waterworks need not be so submitted and approved at an election.
(II) All such works or systems authorized by any municipality to be erected
by others or the franchise of which is extended or renewed shall be authorized, extended, or renewed upon the express condition that such municipality has the right and power to purchase or condemn any such works or systems at their fair market value at the time of purchasing or condemning such works or systems, excluding all value of the franchise or right-of-way through the streets and also excluding any value by virtue of any contract for hydrant or private rental or otherwise entered into with the municipality in excess of the fair market value of the works or systems. If, after an election conducted in the manner prescribed in section 31-15-302 (1)(d), the municipality is authorized to acquire any of said works or systems after granting a franchise therefor to any person, the municipality shall purchase or condemn such works or systems within the municipal limits then utilized in serving the inhabitants of such municipality at their fair market value. Nothing in this subparagraph (II) shall require such municipality to purchase or condemn all or any part of such works or systems which is obsolete or which has outworn its usefulness.
(III) If the municipality elects to purchase such works or systems and if the
parties in interest cannot agree on the purchase price, they shall enter into a written agreement to arbitrate the matter and to abide by the award of the arbitrators, in which event each party shall choose an arbitrator to determine their fair market value. If the two arbitrators cannot agree on the fair market value, they shall choose a third disinterested arbitrator, and the award of any two arbitrators shall be final and binding upon the parties.
(IV) Nothing in this paragraph (a) shall authorize the condemnation or
purchase of any such works or systems within twenty years after the granting of any franchise therefor, except at periods of ten or fifteen years thereafter, without the consent of the owner of the franchise.
(b) To construct or authorize the construction of such waterworks without
their limits and, for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and all reservoirs, streams, trenches, pipes, and drains used in and necessary for the construction, maintenance, and operation of the same and over the stream or source from which the water is taken for five miles above the point from which it is taken and to enact all ordinances and regulations necessary to carry the power conferred in this paragraph (b) into effect;
(c) To make such grant to inure for a term of not more than twenty-five years
when the right to build and operate such water, gas, heating and cooling, or electric light works is granted to a person by said municipality and to authorize such person to charge and collect from each person supplied by them with water, gas, heat, cooling, or electric light such water, gas, heat, cooling, or electric light rent as may be agreed upon between the person building said works and said municipality; and to enter into a contract with the person constructing said works to supply said municipality with water for fire purposes and for such other purposes as may be necessary for the health and safety thereof and also with gas, heat, cooling, and electric light and to pay therefor such sums as may be agreed upon between said contracting parties;
(d) To assess from time to time, when constructing such water, gas, heating
and cooling, or electric light works and in such manner as it deems equitable, upon each tenement or other place supplied with water, gas, heat, cooling, or electric light, such water, gas, heat, cooling, or electric light rent as may be agreed upon by the governing body. Gas, heat, cooling, and electric light shall be charged for according to use. At the regular time for levying taxes in each year, said municipality is empowered to levy and cause to be collected, in addition to the other taxes authorized to be levied, a special tax on taxable property in said municipality. Such tax, with the water, gas, heat, cooling, or electric light rents hereby authorized, shall be sufficient to pay the expenses of running, repairing, and operating such works. If the right to build, maintain, and operate such works is granted to a person by a municipality and the municipality contracts with said person for the supplying of water, gas, heat, cooling, or electric light for any purpose, such municipality shall levy each year and cause to be collected a special tax, as provided for in this paragraph (d), sufficient to pay off such water, gas, heat, cooling, or electric light rents so agreed to be paid to said person constructing said works. The tax shall not exceed the sum of three mills on the dollar for any one year.
(e) To condemn and appropriate so much private property as is necessary for
the construction and operation of water, gas, heating and cooling, or electric light works in such manner as may be prescribed by law; and to condemn and appropriate any water, gas, heating and cooling, or electric light works not owned by such municipality in such manner as may be prescribed by law for the condemnation of real estate.
Source: L. 75: Entire title R&RE, p. 1115, � 1, effective July 1. L. 77: (1)(a)(I)
amended, p. 1462, � 1, effective May 16. L. 81: (1)(a)(I) and (1)(c) to (1)(e) amended, p. 1455, � 3, effective May 27.
Editor's note: This section is similar to former � 31-12-101 as it existed prior to
1975.
C.R.S. § 31-15-713
31-15-713. Power to sell public works - real property. (1) The governing body of each municipality has the power:
(a) To sell and dispose of waterworks, ditches, gasworks, geothermal
systems, solar systems, electric light works, or other public utilities, public buildings, real property used or held for park purposes, or any other real property used or held for any governmental purpose. Before any such sale is made, the question of said sale and the terms and consideration thereof shall be submitted at a regular or special election and approved in the manner provided for authorization of bonded indebtedness by section 31-15-302 (1)(d).
(b) To sell and dispose of, by ordinance, any other real estate, including land
acquired from the federal government, owned by the municipality upon such terms and conditions as the governing body may determine at a regular or special meeting. With respect to such land acquired from the federal government, which land is located within or contiguous to the municipality, such terms and conditions shall be designed to prevent speculation and assure that benefits accrue to the municipality when the sale or disposition of said land is for municipal expansion or residential purposes. Nothing in this paragraph (b) or in section 31-15-101 (1) shall be construed to invalidate the acceptance of federal land by a municipality or the sale and disposal by a municipality of land acquired from the federal government, where such acceptance or disposal was consummated prior to April 1, 1976, and municipal authority for any such acceptance or disposal is hereby confirmed.
(c) To lease any real estate, together with any facilities thereon, owned by
the municipality when deemed by the governing body to be in the best interest of the municipality. Any lease for a period of more than one year shall be by ordinance. Any lease for one year or less than one year shall be by resolution or ordinance.
(2) All leases and deeds of conveyance executed and acknowledged by the
proper officers of such municipalities and purporting to have been made pursuant to the provisions of this section shall be deemed prima facie evidence of due compliance with all the requirements of this section.
(3) Any town holding title to any land settled and occupied as the site of
such town pursuant to and by virtue of the act of congress entitled An Act for the relief of the inhabitants of cities and towns upon the public lands., approved March 2, 1867, 43 U.S.C. sections 718-723, and an act of congress entitled An Act respecting the limits of reservations for town sites upon the public domain., 43 U.S.C. sections 725-727, and any amendments thereto may dispose of and convey the title to such land in the manner provided in this section.
Source: L. 75: Entire title R&RE, p. 1120, � 1, effective July 1. L. 76: (1)(b)
amended, p. 697, � 2, effective April 6.
Editor's note: (1) The provisions of this section are similar to provisions of
several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.
(2) 43 U.S.C. secs. 718-723 and 725-727, referenced in subsection (3), were
repealed, effective October 21, 1976. A savings provisions was contained in the act repealing said sections, stating repeal by Pub.L. 94-579 not to be construed as terminating any valid lease, permit, patent . . . existing on Oct. 21, 1976, and said references have been left in this section for historical reference.
C.R.S. § 31-15-714
31-15-714. Oil and gas leases - unit agreements. (1) The governing body of each municipality has the power:
(a) To lease any real estate or any interest therein owned by the municipality
for oil and gas exploration, development, and production purposes, upon such terms and conditions as may be prescribed and contracted by the governing body in the exercise of its best judgment and as such governing body deems to be in the best interests of the municipality. Any such lease of oil and gas rights shall be for a term not to exceed ten years and as long thereafter as oil or gas is produced and shall provide for a royalty of not less than twelve and one-half percent of all oil or gas produced, saved, and marketed or the equivalent market value thereof, which royalty may be reduced proportionately under appropriate provision in such lease if the interest of the municipality is less than a full interest in the land or oil and gas rights in the land described in such lease. When, in the opinion of the governing body and because of the size, shape, or current use of any tract of real estate owned by said municipality, the best interest of the municipality so requires, any such lease of such tract may provide that no drilling shall be conducted on the land covered thereby, in which case such lease shall be for a term not to exceed ten years and so long thereafter as the municipality may share in royalties payable on account of production of oil or gas from lands adjacent to such tract so leased.
(b) To enter into, on behalf of the municipality, when deemed by the
governing body to be in the best interest of the municipality, any agreement providing for the pooling, unitization, or consolidation of acreage covered by any oil and gas lease executed by such municipality with other acreage for oil and gas exploration, development, and production purposes and providing for the apportionment or allocation of royalties among the separate tracts of land included in such unit or pooling agreement on an acreage or other equitable basis and, by such agreement, with the consent of the lessee under such lease, to change any of the provisions of any such lease issued by such municipality, including the term of years for which such lease was originally granted and any drilling requirements contained therein, in order to conform such lease to the terms and provisions of such unit or pooling agreement and to facilitate the efficient and economic production of oil and gas from the unit lands.
(2) All leases of oil and gas or rights therein and all unit agreements relating
to or dealing with oil and gas and containing provisions similar to those set forth in this section affecting municipal lands made or entered into by any municipality prior to April 16, 1953, acting by its governing body, are hereby confirmed, validated, and declared to be legal and valid in all respects.
Source: L. 75: Entire title R&RE, p. 1121, � 1, effective July 1.
Editor's note: This section is similar to former � 31-12-104 as it existed prior
to 1975.
C.R.S. § 31-25-1208
31-25-1208. Boundaries - exclusion proviso. (1) The boundaries of a district may consist of contiguous or noncontiguous tracts or parcels of commercial property. No property shall be included within the boundaries of the district which is not commercial property. No district may be organized wholly or partly within an existing district.
(2) Notwithstanding any provision of this part 12 to the contrary, no tract of
land which is classified for property tax purposes as residential or agricultural shall be included in the boundaries of any district organized pursuant to this part 12. No personal property which is situated upon real estate not included in the boundaries of a district shall be included within such district. If, contrary to the provisions of this section, any such tract, parcel, or personal property is included in the boundaries of any district, the owners thereof, on petition to the governing body, shall be entitled to have such property excluded from such district free and clear of any contract, obligation, lien, or charge to which it may be liable as a part of such district.
(3) If the property tax classification of any tract of land lying within the
service area of any district organized under the provisions of this part 12 has been or is changed from residential or agricultural to any other classification, such lands and the personal property thereon shall no longer be excluded from the boundaries of said district and shall be subject to all obligations, liens, or charges of such district on and after January 1 of the year following such change.
Source: L. 88: Entire part added, p. 1132, � 1, effective May 6.
C.R.S. § 31-25-1219
31-25-1219. Special assessments. (1) In order to defray all or any portion of the costs of the improvements provided by the district, the board may establish special improvement districts within the boundaries of the district. Such special improvement districts may be established whenever in the opinion of the board property in the district will be especially benefited by such improvements. The method of creating special improvement districts, making the improvements, and assessing the costs thereof shall be as provided in part 5 of this article; except that the electors eligible to vote on the question shall be electors as defined in section 31-25-1203 (4) of the district or the special improvement district, as determined by the board, the board shall perform the duties of the governing body, the secretary of the district shall perform the duties of the clerk, and the improvements which may be constructed shall be the improvements which the district is permitted to provide pursuant to this part 12.
(2) (a) In order to defray all or any portion of the costs of providing services,
the board may impose special assessments wholly or in part upon real property located within the boundaries of the district. Prior to imposing a special assessment, the board shall adopt a resolution setting a date, which shall be not less than twenty days nor more than forty days after the adoption of the resolution, a time, and a location for a hearing on the question of the imposition of such special assessment and the benefit to be derived by the property upon which such special assessment will be imposed. The resolution shall include a form of notice, which shall describe the property on which the assessment shall be levied, the purposes for which the assessment is to be levied, the proposed method of assessment and the manner of payment thereof, and the right of the owners of the property to be assessed to file a remonstrance petition. Thereupon, the board shall give the notice by publication and cause a copy of said notice to be mailed by first-class mail to each owner of the property to be assessed at his last-known address, as disclosed by the tax records of the county or counties in which the district is located.
(b) On the date and at the time and place specified in the notice, the board
shall conduct a hearing for the purpose of considering the desirability of and the need for providing the service and imposing the assessment therefor and determining the special benefits to be received by the properties to be assessed. No assessment shall be imposed if a remonstrance petition objecting to the assessment and signed by the owners of the property which would bear more than one-half of the proposed assessment is filed with the board prior to or at the hearing. After the hearing, the board shall adopt a resolution either approving or disapproving the proposed assessment. The resolution shall apportion the relative benefits to the real properties benefited by the service. Thereafter, the board shall cause to be prepared a local assessment roll. All assessments shall be due and payable at the time and place specified in the assessing resolution and said assessments shall become delinquent if not paid with thirty days of such due date.
(c) The board shall cause to be mailed by first-class mail to each owner of
property specified on the assessment roll a notice of the amount of the assessment, the due date, and a statement that the assessment shall constitute a perpetual lien from the date of mailing of the notice in the amount assessed against each lot or tract of land, and a statement that such lien shall have priority over all other liens except general tax liens. As to any subsequent subdivision of any lot or tract of land assessed, the assessment may be apportioned by the board in such manner, if any, as may be provided in the assessing resolution. If any court of competent jurisdiction sets aside any assessment for irregularity in the proceedings, the board may make a new assessment in accordance with the provisions of this subsection (2). If an assessment is not paid within thirty days after its due date, penalty interest on the amount of the assessment shall accrue at the rate established pursuant to section 5-12-106 (2) and (3), C.R.S., until the date of sale or payment.
(d) The assessments imposed by this section shall be collected by the officer
of the district designated in the assessment resolution or, by agreement with the municipality, by the municipal treasurer. In the case of a default in the payment of any assessment, the collection officer shall certify to the county treasurer the whole amount of the unpaid assessments. The county treasurer shall advertise and sell all property concerning which such a default has occurred for the payment of the whole of the unpaid assessment, plus penalties and costs of collection. Such advertisement and sale shall be made at the same times, in the same manner, under all the same conditions and penalties, and with the same effect as provided by general law for sales of real estate and default of payment of the general property tax.
Source: L. 88: Entire part added, p. 1138, � 1, effective May 6. L. 96: (1)
amended, p. 1770, � 70, effective July 1.
C.R.S. § 31-25-204
31-25-204. Acquisition by condemnation. (1) For the purpose of acquiring lands for parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads, the park commission is authorized, with the approval of the mayor, to select and, by a suitable proceeding in the name of the city, without the passage of any ordinance, condemn real estate or, with the approval of the mayor, to purchase any real estate so selected for one or more parks, pleasure grounds, boulevards, parkways, avenues, driveways, or roads and to select routes and streets for the purpose of establishing and maintaining a system of connecting boulevards and pleasure ways or parkways therein. All such condemnation proceedings shall be in accordance with the general laws of the state insofar as the same are applicable, but the benefit to other lands shall be ascertained and assessed.
(2) Payment for any acquisition provided in subsection (1) of this section may
be paid for by special assessments upon all the other real estate, except parks, pleasure grounds, avenues, boulevards, streets, and roads in such city or partly out of the proceeds of the sale of the general bonds of the city, in accordance with the powers conferred by this part 2, and partly by such assessments, as the same may be determined by the mayor and park commission.
Source: L. 75: Entire title R&RE, p. 1176, � 1, effective July 1.
Editor's note: This section is similar to former �� 31-25-216 and 31-25-217 as
they existed prior to 1975.
C.R.S. § 31-25-503
31-25-503. What improvements may be made - conditions. (1) A district may be created within the boundaries of a municipality and may also include any property in the unincorporated area of the county within which the municipality is situated if such county consents by resolution to such district and the construction or acquisition of improvements therein. In addition, such district may also include any property in another municipality within such county if such municipality consents by ordinance to such district and the construction or acquisition of the improvements therein. If a district includes property within a county by county consent or within another municipality by municipal consent, the municipality shall have full authority to construct or acquire improvements, to assess property within the county or such municipality benefited by such improvements, and to enforce and collect such assessments in the manner provided in this part 5; but:
(a) No improvement, except as provided in paragraph (d) of this subsection
(1) and except for sidewalks, water mains, sewers, and sewage disposal works and their appurtenances, shall be ordered under this part 5 unless a petition for the same is first presented. The petition shall be subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed. Except as specified in this section, nothing in this part 5 shall restrict the right of such owners from securing any particular kind or variety of improvements petitioned for. In any case where a proposed improvement district includes two or more assessment units, the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed in each assessment unit shall petition as specified in this part 5.
(b) If the owners of property to be assessed for more than one-half of the
entire costs estimated by the governing body to be assessed petition for any particular kind of improvement and for any particular materials to be used in the same, the improvement shall be ordered in accordance with the petition, and the materials so designated shall be used, except as otherwise provided in this section;
(c) If the material petitioned for by the owners of property to be assessed for
more than one-half of the entire costs estimated by the governing body to be assessed does not encourage competition, the petitioners shall have the right to state in the petition the maximum price per square yard or linear foot or per unit at which the improvement is desired, and no contract shall be let for any such improvement at a price exceeding the maximum price fixed in said petition, excluding the cost of engineering, collection, inspection, incidentals, and interest;
(d) Any improvement may be initiated directly by the governing body by
resolution declaring its intention to construct the improvements. If initiated by such resolution, the governing body shall make a preliminary order as required by subsection (3) of this section in the same manner as if the improvements had been requested by petition. Such preliminary order may be included in the resolution of intention to construct the improvements. However, if written protests are submitted prior to the hearing referred to in subsection (4) of this section subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed, the governing body shall not proceed with such special improvement district, based on the preliminary order so protested. Such protests shall not prevent the governing body from adopting a subsequent preliminary order for such improvements, subject to notice, hearing, and protest, as provided in this part 5.
(2) The governing body shall encourage competition by advertising for and
receiving bids for such construction and, insofar as possible within the limits of the petition, shall describe all materials by standard or quality in the specifications.
(3) Before contracting for or ordering any work to be constructed, a
preliminary order shall be made by the governing body, adopting preliminary plans and specifications for the same, definitely describing the materials to be used or stating that one of several specified materials shall be chosen, determining the number of installments and the time in which the cost of the improvement shall be payable, and the property to be assessed for the same, as provided in this part 5, and requiring an estimate of the cost to be made by the municipal engineer or any similar officer or employee, together with a map of the district in which the improvement is to be made and a schedule showing the approximate amounts to be assessed upon the several lots or parcels of property within the district. The cost estimates and approximate amounts to be assessed shall be formulated in good faith on the basis of the best information available to the governing body but shall not be binding.
(4) The clerk shall give notice of the hearing on the construction of the
improvements by publication in one issue of a newspaper of general circulation in the municipality, the publication to be at least twenty days prior to the date of the hearing. In addition, notice shall be mailed by first-class mail to each property owner to be assessed for the cost of the improvements who is included within the district. The mailed notice shall be made on or about the date of the publication of the notice of hearing. The notice shall set forth the following information:
(a) The kind of improvements proposed;
(b) The number of installments;
(c) The time in which the cost shall be payable;
(d) Repealed.
(e) The extent of the district to be improved;
(f) The probable cost per front foot or other unit basis which, in the judgment
of the governing body, reflects the benefits which accrue to the properties to be assessed, as shown by the estimates of the engineer;
(g) The time, not less than twenty days after the publication, when an
ordinance authorizing the improvements will be considered;
(h) That said map and estimate and schedule showing the approximate
amounts to be assessed and all resolutions and proceedings are on file and can be seen and examined by any interested person at the office of the clerk, or other designated place, at any time within said period of twenty days; and
(i) That all complaints and objections made in writing concerning the
proposed improvement by the owners of any property to be assessed will be heard and determined by the governing body before final action is taken.
(4.5) If the petition for an improvement is signed by one hundred percent of
the owners of property to be assessed and contains a request for such waiver, the governing body may, at its discretion, waive all or any of the requirements for notice, publication, and a hearing set forth in subsection (4) of this section.
(5) The finding by ordinance or resolution of the governing body that said
improvements were duly ordered after notice duly given and after hearing duly held when such notice and hearing are required pursuant to this section, that such petition was presented, and that the petition was subscribed by all or the required number of owners shall be conclusive of the facts so stated in every court or other tribunal.
(6) Any resolution or order in the premises may be modified, confirmed, or
rescinded at any time prior to the passage of the ordinance authorizing the improvements.
(7) The specifications for paving may include sidewalks, curbs, gutters, and
grading, and sufficient culverts, sewers, or drains necessary to carry off the surface waters across or along the line of the street improved, and such other incidentals to paving as, in the judgment of the governing body, may be required. The specifications may also provide that bidders shall agree to enter into contract to do the work and maintain the same in good repair for a period of five years, and the contract may be entered into in accordance with such specifications.
(8) If, before any such improvements are made, any piece of real estate or
any railway company to be assessed already has an improvement conforming to the general plan or satisfactory to the governing body, an allowance therefor may be made to the owner, and such allowance may be deducted from the owner's assessment and from the contract price.
(9) (a) Any other provision of this part 5 to the contrary notwithstanding, the
governing body may create a district for the purpose of acquiring existing improvements of a character authorized by this part 5, in which case, the provisions of this part 5 concerning construction of improvements by the municipality, competitive bidding, and preliminary plans and specifications shall not apply.
(b) Any other provision of this part 5 notwithstanding, the governing body
may create an improvement district for the purpose of encouraging, accommodating, and financing renewable energy improvements and energy efficiency improvements of a character authorized by section 31-25-502 (2). Any such district shall include only property for which the owner has executed a contract or agreement consenting to the inclusion of such property within the district, and such consent may occur subsequent to the adoption of the ordinance of the governing body forming the district. The inclusion of such property within the district subsequent to the adoption of the ordinance of the governing body forming the district may be made by the adoption of a supplemental or amending ordinance or resolution of the governing body. For districts formed for the purpose of encouraging, accommodating, and financing renewable energy improvements or energy efficiency improvements, the provisions of subsections (2) and (3) of this section concerning preliminary orders, competitive bidding, and preliminary plans and specifications, of section 31-25-516 concerning contracts for construction, and of section 31-25-518 concerning contract provisions shall not apply.
(c) The contract or agreement shall note the existence of any first priority
mortgage or deed of trust on the property, the identity of the record holder thereof, and the penalty for default provided in section 31-25-530 clearly stating that default, like the penalties that exist for default on any mortgage or any other special assessment, may result in the loss of the applicant's home. Within thirty days of a person's submission of an application to the district, the governing body shall provide written notice to the record holder of any first priority mortgage or deed of trust on the real property that the person is participating in the district.
(10) The governing body is authorized to enter into contracts and agreements
with any owner of property within the district or any other person concerning the construction or acquisition of improvements, the assessment of the cost thereof, the waiver or limitation of legal rights, or any other matter concerning the district.
(11) At or about the time of publication by the governing body of any
ordinance creating a district, a copy of such ordinance shall be provided to the county assessor, the county treasurer, and the division of local government in the department of local affairs. The governing body shall make a good faith attempt to comply with this subsection (11), but failure to comply shall not affect or impair the organization of any district, the construction or acquisition of improvements therein, the levying and collection of assessments, or any other matter pursuant to the provisions of this part 5.
Source: L. 75: Entire title R&RE, p. 1190, � 1, effective July 1; (1)(a) and IP(4)
amended and (1)(d) added, pp. 1279, 1280, �� 1, 2, effective May 22. L. 81: IP(1) amended, p. 1456, � 4, effective May 27. L. 84: (4.5) added and (5) amended, p. 839, � 1, effective March 29. L. 86: (1), (3), IP(4), (4)(f), (4)(g), and (4)(i) amended, (4)(d) repealed, and (9) to (11) added, pp. 1044, 1062, �� 1, 39, effective July 1. L. 90: IP(1) amended, p. 1472, � 6, effective July 1; (11) R&RE, p. 1473, � 7, effective October 1. L. 2002: IP(1) amended, p. 273, � 14, effective August 7. L. 2008: (9) amended, p. 1302, � 24, effective May 27. L. 2010: (9)(c) added, (SB 10-100), ch. 207, p. 904, � 8, effective May 5.
Editor's note: This section is similar to former � 31-25-503 as it existed prior
to 1975.
C.R.S. § 31-25-512
31-25-512. Cost assessed in proportion to area. The costs of any district sanitary sewer, including inlets, manholes, connecting mains, and appurtenances, with interest, and of district storm sewers may be assessed by ordinance upon all the real estate in the district, in proportion as the area of each piece of real estate in the district bears to the area of all the real estate in the district, exclusive of public highways.
Source: L. 75: Entire title R&RE, p. 1193, � 1, effective July 1.
Editor's note: (1) This section is similar to former �� 31-25-506 and 31-25-512
as they existed prior to 1975.
(2) This section was originally numbered as � 31-25-511 in House Bill 75-1089
but was renumbered on revision in 1977 for ease of location.
C.R.S. § 31-25-514
31-25-514. Streets - railway companies subject to tax. (1) Whenever any grading, paving, or other kind of street improvement district is created under this part 5, the governing body may include in the area to be paved, graded, or otherwise improved the entire width of street from curb to curb or any part thereof, including the portion of said street occupied by or required by franchise obligation to be paid by or chargeable or assessable to any railway company whose railroad runs through or across any street in said district, and shall charge to, assess, and collect the proper proportion of the cost of the improvement from such railway company in the same manner as is provided for in case of other property, and shall issue bonds for the same, which bonds shall be issued and made payable in like manner as bonds issued for the improvement to be assessed against the real estate specially benefited.
(2) In the meaning of this section, in the absence of a franchise obligation to
grade or pave or otherwise improve, a railway company shall be held to occupy and is liable for the grading, paving, or other improvement of that part of the street lying between the rails of each track and two feet outside of each rail, and every railway company, whether street railway or otherwise, shall be assessed for the cost of such improvement of any part of any street or alley occupied by or required by franchise obligation to be so improved. The assessment levied for the cost of said improvements chargeable to a railway company shall be a perpetual tax lien against the entire franchise and property of the company, both within and without said district but within the limits of the municipality where such improvement is made, superior to all other liens except general tax liens.
(3) All the terms, conditions, and provisions in this part 5 relative to the
collection of the amounts chargeable against property specially benefited shall be applicable in the enforcement and collection of such assessment against such railway company, and the property of such railway company, in case of default in payment of such assessment, shall be sold as in cases of default in payment of general taxes levied thereon; but railway trackage shall not be considered or computed as assessable frontage in determining the sufficiency of petitions.
Source: L. 75: Entire title R&RE, p. 1194, � 1, effective July 1.
Editor's note: (1) This section is similar to former � 31-25-508 as it existed
prior to 1975.
(2) This section was originally numbered as � 31-25-513 in House Bill 75-1089 but was renumbered on revision in 1977 for ease of location.
C.R.S. § 31-25-516
31-25-516. Contracts for construction - bond - default. (1) Except as provided in this section, all local improvements made under the provisions of this part 5 shall be constructed by independent contract, and all contracts shall be let by the mayor with the approval of the governing body. All such contracts shall be let to the lowest reliable and responsible bidder after public advertisement once a week for three consecutive weeks in a newspaper of general circulation in such municipality; but, after such advertisement, if it is determined by the governing body that the bids are too high or that the proposed improvement can be made by the municipality for less than the bid of the lowest reliable and responsible bidder, such municipality is hereby empowered to provide for doing the work by hiring labor by the day or otherwise and to arrange for purchasing necessary material, all under the supervision of the governing body.
(2) Except when the municipality does the work, no contract shall be made
without a surety bond for its faithful performance with sufficient sureties to be approved by the governing body. No surety shall be accepted or approved by the governing body or mayor, other than a corporate surety company, unless he is the owner of real estate in this state, free and clear of all encumbrances, in double the amount of his liability on all bonds upon which he may then be surety. Upon default in the performance of any contract, the governing body may advertise and relet the remainder of the work in like manner without further ordinance and deduct the cost from the original contract price or, with the approval of the governing body, advance any excess out of the funds of the municipality and recover the same by suit on the original bond. In all advertisements the right shall be reserved to reject any or all bids and, upon rejecting all bids, if deemed advisable by the governing body, other bids may be advertised for.
Source: L. 75: Entire title R&RE, p. 1195, � 1, effective July 1.
Editor's note: (1) This section is similar to former � 31-25-534 as it existed
prior to 1975.
(2) This section was originally numbered as � 31-25-515 in House Bill 75-1089 but was renumbered on revision in 1977 for ease of location.
C.R.S. § 31-25-531
31-25-531. Sale of property for nonpayment. (1) The county treasurer or the municipal treasurer pursuant to section 31-25-526 shall receive payment of all assessments appearing upon the assessment roll with interest.
(2) In case of default in the payment of any installment of principal or
interest on assessed property when due:
(a) The municipal treasurer, if collecting assessment payments pursuant to
section 31-25-526, shall certify to the county treasurer the whole amount of the unpaid assessments; and
(b) The county treasurer shall advertise and sell all property concerning
which such default is suffered for the payment of the whole of the unpaid assessments thereon, plus penalties and costs of collection.
(3) Said advertisements and sales shall be made at the same times, in the
same manner, under all the same conditions and penalties, and with the same effect as provided by general law for sales of real estate in default of payment of the general property tax.
Source: L. 75: Entire title R&RE, p. 1198, � 1, effective July 1. L. 86: Entire
section amended, p. 1049, � 10, effective July 1.
Editor's note: (1) This section is similar to former � 31-25-521 as it existed
prior to 1975.
(2) This section was originally numbered as � 31-25-530 in House Bill 75-1089 but was renumbered on revision in 1977 for ease of location.
Cross references: For the sale of tax liens, see article 11 of title 39.
C.R.S. § 31-25-532
31-25-532. Municipality may purchase property on default. (1) At any sale by the county treasurer of any property for the purpose of paying any special assessment for local improvements made under the provisions of this part 5, the municipal treasurer, having written authority from the governing body, may purchase any such property without paying for the same in cash and shall receive certificates of purchase therefor in the name of the municipality. The certificates shall be received and credited at their face value, with all interest and penalties accrued, on account of the assessments in pursuance of which the sale was made. The certificates may thereafter be sold by the municipal treasurer at their face value, with all interest and penalties accrued, and assigned by him to the purchaser in the name of the municipality. The proceeds of such sale shall be credited to the fund created by ordinance for the payment of such assessments respectively. In the event that all bonded indebtedness incurred in payment for said local improvements has been discharged in full, said certificates may be sold by the governing body for the best price obtainable at public sale, at auction, or by sealed bids in the same manner and under the same conditions as is provided in subsection (3) of this section. The proceeds shall be credited to the general fund of said municipality or to the special surplus and deficiency fund provided for by section 31-25-534 (2), as the circumstances may require. Such assignments shall be without recourse, and the sale and assignments shall operate as a lien in favor of the purchaser and assignee as is provided by law in the case of sale of real estate in default of payment of the general property tax.
(2) Any municipality as such purchaser has the right to apply for tax deeds
on such certificates of purchase at any time after three years from the date of issuance of said certificates, and such deeds shall be issued as provided by law for issuance of tax deeds for the nonpayment of the general property tax.
(3) Cumulatively with all other remedies, any municipality which is the owner
of property by virtue of a tax deed, or is the owner of property otherwise acquired, in satisfaction or discharge of the liens represented by such certificates of sale, may sell such property for the best price obtainable at public sale, at auction, or by sealed bids. Such sales shall be after public notice by the municipal treasurer or clerk to all persons having or claiming any interest in the property to be sold or in the proceeds of such sale by publication of such notice three times, a week apart, in a weekly or daily newspaper of general circulation within the county in which the property is located. Such notice shall describe the property and state the time, place, and manner of receiving bids; except that the time fixed for the sale shall not be less than ten days after the last publication. The municipality may reject any and all bids. Any interested party, at any time within ten days after the receipt of bids for the sale of property, may file with the municipality a written protest as to the sufficiency of the amount of any bid made or the validity of the proceedings for the sale. If the protest is denied, such person, within ten days thereafter, shall commence an action in a court of competent jurisdiction to enjoin or restrain the municipality from completing the sale. If no such action is commenced, all protests or objections to the sale shall be waived and the municipality shall then convey the property to the successful bidder by quitclaim deed.
(4) In addition to all other remedies, any municipality which is a holder of
certificates of purchase may bring a civil action for foreclosure thereof in accordance with article 38 of title 38, C.R.S., joining as defendants all persons holding record title, persons occupying or in possession of the property, persons having or claiming any interest in the property or in the proceeds of foreclosure sale, all governmental taxing units having taxes or other claims against said property, and all unknown persons having or claiming any interest in said property. Any number of certificates may be foreclosed in the same proceeding. In such proceeding the municipality, as plaintiff, is entitled to all relief provided by law in actions for an adjudication of rights with respect to real property, including actions to quiet title.
(5) The proceeds of any such sale of property shall be credited to the
appropriate special assessment fund. The municipality shall deduct therefrom the necessary expenses in securing deeds and taking proceedings for the sale or foreclosure.
(6) When any municipality has sold or conveyed at a fair market value
certificates of purchase or property which it has acquired in satisfaction or discharge of special assessment liens, such sales and conveyances are hereby validated and confirmed as against all parties having or claiming any interest in such property or the proceeds of such sale.
(7) It is hereby declared that the purpose of this section is to restore
delinquent property to the tax rolls and to realize the greatest possible amount from such property for the benefit of all persons and taxing bodies having liens thereon.
Source: L. 75: Entire title R&RE, p. 1198, � 1, effective July 1. L. 81: (1)
amended, p. 1615, � 17, effective July 1. L. 86: (1) amended, p. 1051, � 14, effective July 1. L. 93: (4) amended, p. 82, � 3, effective March 26.
Editor's note: (1) This section is similar to former � 31-25-522 as it existed
prior to 1975.
(2) This section was originally numbered as � 31-25-531 in House Bill 75-1089 but was renumbered on revision in 1977 for ease of location.
C.R.S. § 31-30-1111
31-30-1111. Contribution to fund. (1) In addition to any tax revenues contributed under section 31-30-1110, the fund also consists of any:
(a) Moneys given to the board or fund by a person for the use and purpose
for which the fund is created. The board may take any money, personal property, or real estate, or interest therein by gift, grant, devise, or bequest as trustees for the use and purpose for which the fund is created;
(b) Moneys, fees, rewards, or emoluments of any nature and description that
are paid or given to the fund; and
(c) Moneys provided by the state under section 31-30-1112.
(2) Fund moneys are held in trust for the exclusive use and benefit of the fire
department members and retired fire department members and their surviving spouses, dependent children, dependent parents, and other beneficiaries in accordance with this part 11.
Source: L. 95: Entire part added, p. 1368, � 2, effective June 5. L. 2006: (2)
amended, p. 179, � 1, effective March 31; IP(1) amended, p. 1423, � 3, effective June 1.
C.R.S. § 31-30-1303
31-30-1303. Group health insurance plan. (1) The governing body of an emergency service provider may enter into insurance contracts with carriers to provide group health insurance plans for its bona fide volunteers. The cost of the plans, sources of funding, amount of contributions required from bona fide volunteers, coverage parameters, and eligibility requirements shall be negotiated by the governing body and the carrier. Nothing in this section shall be construed to preclude a governing body from participating in an insurance pool or from allowing its bona fide volunteers to participate in the group health insurance plan offered to the paid employees of the governing body.
(2) The administration and management of a group health insurance plan
shall be the exclusive responsibility of the carriers of the plan.
(3) This section shall apply only to bona fide volunteers deemed to be active
and in good standing by the emergency service provider.
Source: L. 2008: Entire part added, p. 580, � 3, effective August 5.
ARTICLE 30.5
Fire - Police - Old Hire Pension Plans
Editor's note: This article was added with relocations in 1996 containing
provisions of some sections formerly located in parts 3 to 10 of article 30 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
PART 1
GENERAL PROVISIONS
31-30.5-101. Legislative declaration. (1) The general assembly finds and
determines that police officers, in saving and protecting the lives and property of the citizens and residents of the state of Colorado, are performing state duties and are rendering services of special benefit to this state and that it is the province, right, and obligation of the state of Colorado to care for members of the police force who are entitled to retirement because of length of service or old age or because they have been injured or disabled in service and also to care for the spouses, dependent parents, and dependent children of such police officers.
(2) The general assembly further finds and determines that the
establishment of firefighters' pension plans in this state is a matter of statewide concern that affects the public safety and general welfare.
Source: L. 96: Entire article added with relocations, p. 856, � 1, effective May
23.
Editor's note: This section was formerly numbered as � 31-30-301.
31-30.5-102. Definitions. As used in this article 30.5, unless the context
otherwise requires:
(1) Affiliated board means any board affiliated, as specified in section 31-31-701, with the fire and police pension association created in section 31-31-201.
(1.5) Board means the board of trustees established as the governing body
of the firefighters' or police officers' old hire pension fund as provided in sections 31-30.5-202 and 31-30.5-203.
(2) Employer means any municipality in this state offering police or fire
protection service employing one or more members and any special district or county improvement district in this state offering fire protection service employing one or more members.
(3) Fund means the applicable firefighters or police officers' pension fund
created in section 31-30.5-201.
(4) Member means an active employee who is a full-time salaried
employee of a municipality, fire protection district, or county improvement district normally serving at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of police or fire protection, as certified by the employee's employer. The term does not include clerical or other personnel whose services are auxiliary to police or fire protection.
(5) Old hire member means a member meeting the requirements of section
31-30.5-103 (1) who is not otherwise excluded from an old hire pension plan coverage under section 31-30.5-103 (2).
Source: L. 96: Entire article added with relocations, p. 857, � 1, effective May
-
L. 2009: (1) amended and (1.5) added, (HB 09-1030), ch. 16, p. 89, � 2, effective August 5. L. 2025: IP amended and (5) added with relocations, (SB 25-275), ch. 377, p. 2091, � 271, effective August 6.
Editor's note: Subsection (5) is similar to former � 31-30.5-103 (3) as it existed prior to 2025.
31-30.5-103. Applicability. (1) (a) Except as provided in subsection (2) of this section, every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or before April 7, 1978.
(b) In addition to paragraph (a) of this subsection (1), every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or after April 8, 1978, but before January 1, 1980, if:
(I) The member has prior service as a firefighter or police officer in the state of Colorado;
(II) The current employer approved coverage under its old hire pension plan or any other local plan;
(III) The member contributed to the old hire pension fund of the current employer the amount of money that the member would have paid if all the member's prior service had been as an employee of the current employer, such makeup contribution to have been paid over a three-year period; and
(IV) The member requested such coverage, in writing, on or before December 31, 1981.
(2) The following members, otherwise eligible to participate in an old hire pension plan pursuant to subsection (1) of this section shall be exempt from participation:
(a) Members covered under an exempt pension plan established by part 8 of this article;
(b) Members who, pursuant to the affiliation of their old hire pension plan with the fire and police pension association as provided by section 31-31-701, elect to become covered under the provisions of the defined benefit component of the statewide retirement plan, established by article 31.5 of this title; and
(c) Members covered under the federal Social Security Act, unless their employer also provides supplemental retirement benefits under an old hire pension plan.
(3) Repealed.
Source: L. 96: Entire article added with relocations, p. 857, � 1, effective May 23. L. 2014: (2)(b) amended, (SB 14-031), ch. 52, p. 247, � 8, effective March 20. L. 2024: (2)(b) amended, (HB 24-1042), ch. 15, p. 36, � 2, effective March 6. L. 2025: (3) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.
Editor's note: (1) This section was formerly numbered as � 31-30-1003.
(2) Subsection (3) was relocated to � 31-30.5-102 in 2025.
PART 2
ADMINISTRATION
31-30.5-201. Funds created. (1) There is created and established in each
employer having fire department old hire members, a pension fund to be known as the firefighters' old hire pension fund.
(2) There is created and established in each employer having police
department old hire members, a pension fund to be known as the police officers' old hire pension fund.
Source: L. 96: Entire article added with relocations, p. 858, � 1, effective May
23.
Editor's note: Provisions of this section were formerly numbered as �� 31-30-501 and 31-30-601.
31-30.5-202. Board of trustees - firefighters' old hire pension fund. (1) The
general supervision, management, and control of the firefighters' old hire pension fund shall be vested in a board of trustees.
(2) In any municipality having a population of less than one hundred
thousand, the board shall consist, except as provided in subsection (6) of this section, of the mayor, the municipal treasurer or finance officer, one other person appointed by the governing body of such municipality, and three active or retired old hire members of the fire department serving the municipality who shall be elected by the active and retired old hire members of the fire department. The terms of office on the board shall be: The mayor of the municipality, during tenure in office; the treasurer or finance officer, during tenure in office; the appointed citizen, to be designated by the governing body of the municipality at time of appointment; the three active or retired old hire members of the fire department, to be elected for terms of three years, but at the initial election to be conducted to elect old hire members of the fire department, one old hire member shall be elected for a three-year term, one old hire member for a two-year term, and one old hire member for a one-year term. Thereafter, such old hire members shall be elected for three-year terms. Said board shall elect from its number a president and secretary. The municipal treasurer or finance officer shall be ex officio treasurer of the board.
(3) (a) In any municipality having a population of at least one hundred
thousand, the board shall be composed of the mayor, the manager of safety, the manager of revenue, the chief of the fire department, and the city auditor or such persons performing the duties of the above-named officers, and also two active or retired old hire members of the fire department to be selected as provided in paragraph (b) of this subsection (3).
(b) During the month of July in each year, the chief officer of the fire
department shall conduct an election by secret ballot, at which election all active and retired old hire members of the fire department shall be eligible to vote, for the purpose of determining membership on the board. In the first election so held, two old hire members shall be elected, the member receiving the highest number of votes being elected for a term of two years and the member receiving the next highest number of votes being elected for a term of one year. Upon election, such members shall be certified as members of the board and shall take office on the August 1 following their election. In subsequent elections, only one old hire member shall be elected for a term of two years, and the member receiving the highest number of votes in each subsequent election shall be certified as a member of the board and shall take office on the August 1 following the member's election. In case any old hire member so elected to the board becomes unable or ineligible to serve on the board by reason of death, disability, or for any other cause, a special board election shall be held to fill the vacancy so created for the remainder of the unexpired term.
(c) The board shall select from their number a president and a secretary, and
the manager of revenue, or the person performing the duties thereof, shall be ex officio treasurer of said board and custodian of all funds coming into its hands.
(4) In fire protection districts, except as provided in subsection (6) of this
section, the board shall consist of the board of directors of the fire protection district, the treasurer of the board of the fire protection district to be treasurer of the fund, and two active or retired old hire members of the fire department. The trustees shall serve terms of office on the board as follows: The president for the term of office, the treasurer for tenure in office, and two active or retired old hire members for two-year terms of office. Initial election of the old hire members of the fire department shall be conducted to elect one old hire member for two years and one old hire member for one year.
(5) In county improvement districts, the board shall consist of one member of
the governing board of the county in which the district is located, the county treasurer or finance officer, three residents of the county obligated to pay real or personal property taxes, and two active or retired old hire members of the fire department. The trustees shall serve terms of office on the board as follows: Members of the governing board, during their tenure in office; the county treasurer, during the treasurer's tenure in office; and the two active or retired old hire members of the fire department for two-year terms of office.
(6) Notwithstanding the provisions of subsections (2), (3), and (4) of this
section, any municipality or fire protection district, with the concurrence of a majority of the active and retired old hire members voting thereon, may by ordinance or resolution create the board to administer the fund if the number of employer representatives on such board equals the number of member representatives on such board; except that, if fewer than two old hire members are available or willing to serve on such board, the number of employer representatives may exceed the number of member representatives.
(7) In case of any consolidation or merger of any municipality, fire protection
district, or county improvement district with one or more municipalities, fire protection districts, or county improvement districts, the former trustees of the various firefighters' pension funds of such consolidated or merged political subdivisions shall, with due regard to equal representation, elect seven persons from their number to serve as trustees of the old hire firefighters' pension fund of said merged or consolidated fund, not more than three of whom shall be old hire members, and the former trustees not so elected to serve shall cease to hold office. The trustees of said consolidated fund shall elect from their number a president, secretary, and treasurer.
(8) The treasurer of the board, in addition to any custodian appointed by the
board pursuant to section 31-30.5-204 (4), shall be the custodian of the fund and shall secure and safely keep the same, subject to the control and direction of the board, and shall keep books and accounts concerning said fund in such manner as may be prescribed by the board. The books and accounts shall always be subject to the inspection of the board or any member thereof or any other interested person. The treasurer, upon expiration of the treasurer's term of office, shall surrender and deliver to the treasurer's successor all bonds, securities, and unexpended moneys or other property that came into the treasurer's hands as treasurer of said fund. The treasurer shall be required to supply bond in an amount designated by the board and paid for by the fund.
Source: L. 96: Entire article added with relocation, p. 858, � 1, effective May
-
L. 2003: (2) and (3)(a) amended, p. 826, � 1, effective April 1. L. 2005: (2), (3)(b), (4), and (5) amended, p. 134, � 1, effective August 8.
Editor's note: Provisions of this section were formerly numbered as �� 31-30-402 (1)(a), (1)(b), (2)(a), (2.5), and (3), 31-30-411, and 31-30-502.
31-30.5-203. Board of trustees - police officers' old hire pension fund. (1) The general supervision, management, and control of the police officers' old hire pension fund shall be vested in a board of trustees.
(2) In any municipality having a population of less than one hundred thousand, unless it is a home rule city or town that provides for the composition of the board by charter or ordinance, the board shall consist of the mayor, the municipal treasurer, the clerk, and one active old hire member of the police department who shall be elected by the active old hire members of the department; except that, if there are no active old hire members available or willing to serve on such board, such board shall consist of the mayor, the municipal treasurer, and the clerk. Said board shall select from their number a president and a secretary. The municipal treasurer shall be ex officio treasurer of said board and custodian of all funds coming into the treasurer's hands.
(3) In any municipality having a population of at least one hundred thousand, the board shall consist of such persons or officials as may be designated by the charter and ordinances thereof.
(4) The treasurer of the board, in addition to any custodian appointed by the board pursuant to section 31-30.5-204 (4), shall be the custodian of the fund, shall secure and safely keep the same, subject to the control and direction of the board, and shall keep books and accounts concerning said fund in such manner as may be prescribed by the board. The books and accounts shall always be subject to the inspection of the board, any member thereof, or any other interested person. Said treasurer, upon expiration of the treasurer's term of office, shall surrender and deliver to the treasurer's successor all bonds, securities, and unexpended moneys or other property that came into the treasurer's hands as treasurer of the fund. The treasurer shall be required to supply bond in an amount designated by the board and paid for by the fund.
Source: L. 96: Entire article added with relocations, p. 861, � 1, effective May 23.
Editor's note: Provisions of this section were formerly numbered as �� 31-30-304, 31-30-305 (1), and 31-30-612.
31-30.5-204. Powers and duties of the board. (1) The board shall:
(a) Promulgate all necessary rules, not inconsistent with the provisions of this article, for managing and discharging its duties and for its own government and procedure in so doing and for the preservation and protection of the fund.
(b) Hear and decide all applications for relief, pensions, annuities, retirement, or other benefits under the provisions of this article. Action on such applications shall be final and conclusive; except that, when, in the opinion of the board, justice demands that said action should be reconsidered, the same may be reversed by said board.
(c) Keep and preserve a record of actions taken by the board and of all other matters properly before said board.
(d) Make an annual report to the governing body of the employer of the condition of the fund in August of each year.
(2) The board has power to compel witnesses to attend and testify before it upon all matters connected with the provisions of this article in the same manner as is or may be provided by law. The president of said board or any member thereof may administer oaths to such witnesses.
(3) The board has the power to draw on the fund for the payment of expenses attributable to the administration of the fund, the payment of benefits, and for the purpose of investing all or any part of the fund as permitted by part 5 of this article.
(4) The board may designate one or more financial institutions as custodian of the fund. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires. All moneys paid or transmitted to the custodian shall be credited to appropriate accounts in the fund and the custodian shall maintain a current inventory of all investments of the fund.
(5) In municipalities that prescribe the composition of the board for the police officers' old hire pension fund by ordinance or charter, the board shall have such additional powers and duties as may be provided by the charter and ordinances of such municipalities.
Source: L. 96: Entire article added with relocations, p. 862, � 1, effective May 23.
Editor's note: Provisions of this section were formerly numbered as �� 31-30-305 (4), 31-30-312 (1) and (2), 31-30-403 (3)(a), 31-30-502 (1)(b), and 31-30-615.
31-30.5-205. Attorneys to advise. It is the duty of the attorneys for the employer to advise the boards on all matters pertaining to their duties and management of the fund when required to do so. Such attorneys shall represent and defend the boards as their attorneys in all suits or actions at law or in equity that may be brought against them and bring all suits and actions in their behalf that may be required or determined upon by said boards. In the event of a conflict between a board and an employer, the board may obtain legal counsel to represent the board in any such action at the expense of the board.
Source: L. 96: Entire article added with relocations, p. 863, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-414.
31-30.5-206. Warrants drawn. It is the duty of such officers of the municipality, fire protection district, or county improvement district as are designated by law to draw warrants on the treasurer of said municipality, fire protection district, or county improvement district on orders by the board, to draw warrants thereon, payable to the treasurer of said board for all funds belonging to the fund.
Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-410 (1).
31-30.5-207. Method of payment. All moneys ordered to be paid from the fund to any person shall be paid by the treasurer only upon the warrant signed by the president of said board and countersigned by the secretary thereof. No warrant shall be drawn except by order of the board after having been duly entered on the records of the proceedings of the board.
Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-410 (2).
31-30.5-208. Fund not subject to levy. Except for assignments for child support purposes as provided for in sections 14-10-118 (1) and 14-14-107, C.R.S., as they existed prior to July 1, 1996, for income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., for writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt, for payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to section 14-10-113 (6), C.R.S., and for restitution that is required to be paid for the theft, embezzlement, misappropriation, or wrongful conversion of public property or in the event of a judgment for a willful and intentional violation of fiduciary duties pursuant to this article where the offender or a related party received direct financial gain, no portion of the fund, before or after its order for distribution by the board to the persons entitled thereto, shall be held, seized, taken, subjected to, detained, or levied on by virtue of any attachment, execution, injunction, writ, interlocutory or other order or decree, or process or proceeding whatsoever issued out of or by any court of this state for the payment or satisfaction, in whole or in part, of any debt, damage, claim, demand, or judgment against the employer or the beneficiary of the fund. Said fund shall be held and distributed for the purposes of this article and for no other purpose whatsoever.
Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23; entire section amended, p. 627, � 45, effective July 1; entire section amended, p. 1464, � 13, effective January 1, 1997. L. 2005: Entire section amended, p. 75, � 12, effective August 8.
31-30.5-209. Idle funds. (1) If the governing body of a municipality, by resolution, finds that no person named in this article is, and no such person can become, eligible for payment of a benefit from the municipality's police officers' old hire pension fund established pursuant to section 31-30.5-201 (2), it may authorize use of the money in the fund to make contributions to the defined benefit system trust fund pursuant to part 3 of article 31.5 of this title 31, to make contributions to a police benefit fund established pursuant to section 31-31-601 (1)(b), as said section existed prior to its repeal, or to make contributions under the federal social security laws if the municipality's police officers are covered by the social security laws. To the extent that money in the fund exceeds three times the present yearly employer contribution to any of the preceding benefit funds on behalf of the municipality's current police officers, such excess may be used for any law-enforcement-related purpose. If the municipality does not employ any police officer, the governing body may authorize use of the money in the fund for any law-enforcement-related purpose. In addition, any money in the fund that is attributable to contributions by the municipality and to interest on such contributions may be used for any police-related purpose and, if no such police-related need exists, then for any purpose as decided by the governing body of the municipality. For the purposes of this subsection (1), contracting with the county or county sheriff for law enforcement service shall not be considered employment of a police officer.
(2) If the governing body of a municipality, fire protection district, or county improvement district, by resolution, finds that no person named in this article is, and no such person can become, eligible for payment of a benefit from the employer's firefighters' old hire pension fund, it may authorize use of the money in the fund to make contributions to the defined benefit system trust fund pursuant to part 3 of article 31.5 of this title 31 or to make contributions under the federal social security laws if the employer's firefighters are covered by the social security laws. In addition, any money in the fund that is attributable to contributions by the municipality or district and to interest on such contributions may be used for any fire-related purpose and, if no such fire-related need exists, for any purpose as decided by the governing body of the municipality or district.
(3) (a) At least sixty days before adoption of a resolution permitted by subsection (1) or (2) of this section, the governing body of the municipality or district shall publish one notice in a newspaper having general circulation within the municipality or district and shall provide a copy of such published notice to the board of directors of the state fire and police pension association established pursuant to section 31-31-201 (1). The notice shall state the intent of the governing body to use the money in the fund for the purposes permitted in this section. The notice shall state that persons who believe they are or may be entitled to benefit payments from the fund shall have fifty days from the date of the notice in which to file an objection, in writing, with the governing body regarding its proposed use of the fund. If any such written objection is received, the governing body shall hold a public hearing before adoption of any resolution under this section with prior published notice of the time and place of the hearing as well as written notice of such hearing mailed, by certified mail, to each person filing a written objection.
(b) If, within one year after adoption of a resolution pursuant to this section, any person establishes a claim to a benefit from the fund, the municipality or district shall repay to the fund any money expended from such fund pursuant to this section, and no such additional expenditures shall be made from the fund.
(4) (a) (I) Notwithstanding the provisions of subsections (1) and (2) of this section and subject to the provisions of paragraph (c) of this subsection (4), if no members are active participants in an employer's old hire pension plan established under this article, the governing body of the employer, by resolution, may authorize the use of the excess balance in the plan fund for the purposes permitted in subsections (1) and (2) of this section. If a governing body authorizes the use of the excess balance under this subsection (4), the employer shall maintain the plan fund at a level equal to at least two times the amount necessary to fund the benefit liabilities of any persons continuing to receive benefits from the plan fund.
(II) For purposes of this paragraph (a), excess balance means the amount in an old hire plan fund in excess of two times the amount necessary to fund the benefit liabilities of persons continuing to receive benefits from the plan fund, as determined by the plan's actuary. In determining the excess balance in an old hire plan fund, the actuary shall utilize the assumptions approved by the board of directors of the fire and police pension association pursuant to section 31-30.5-306 (2)(b).
(b) Notwithstanding the provisions of subsections (1) and (2) of this section and paragraph (a) of this subsection (4) and subject to the provisions of paragraph (c) of this subsection (4), if no members are active participants in an employer's old hire pension plan established under this article and the plan provides no rank escalation benefit to persons receiving benefits from the plan fund, the board, after disclosure to the affected retirees, is authorized to use the assets in the plan fund for the purpose of purchasing annuities in amounts sufficient to pay any required benefits, including nondiscretionary cost-of-living adjustments required under the plan, to those persons who continue to receive benefits from the plan fund. If the board purchases annuities for such persons, the governing body of the employer, by resolution, may authorize the use of any additional funds that remain in the plan fund after purchasing such annuities for the purposes permitted in subsections (1) and (2) of this section. Annuities may be purchased pursuant to this paragraph (b) only from insurance companies rated at least A+ by the A.M. Best company or rated at least AA by Standard & Poors Corporation. If there is a default on the payment of benefits resulting from an annuity purchased under this paragraph (b), the employer remains liable to make any required benefit payments to persons for whom the annuities were purchased.
(c) Moneys in the plan fund in excess of the amount required to purchase annuities as provided in paragraph (b) of this subsection (4), if any, may be used to purchase additional benefits or may be treated as an excess balance as provided in paragraph (a) of this subsection (4).
Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23. L. 97: (4) added, p. 21, � 1, effective July 1. L. 2002: (4)(c) amended, p. 173, � 1, effective October 1. L. 2006: (1) and (2) amended, p. 180, � 3, effective March 31. L. 2008: (4)(c) amended, p. 14, � 2, effective August 5. L. 2014: (4) amended, (SB 14-031), ch. 52, p. 235, � 1, effective March 20. L. 2024: (1) and (2) amended, (HB 24-1042), ch. 15, p. 37, � 3, effective March 6.
Editor's note: Provisions of this section were formerly numbered as � 31-30-313 (2)(a) and � 31-30-412 (2)(a) to (2)(c).
31-30.5-210. Plan amendment. (1) No modification of any provision of an old hire pension plan established pursuant to this article may be made after December 1, 1978, except as may be authorized by subsection (2) of this section.
(2) Upon the request of an employer and with the approval of sixty-five percent of the active and retired old hire members, the board of directors of the fire and police pension association established pursuant to section 31-31-201 (1), shall permit the modification of any provision of an old hire pension plan established pursuant to this article, if the board determines that such modification will maintain or enhance the actuarial soundness, as defined in section 31-31-102 (1), of such fund. In addition, upon the request of an employer, the board shall permit the modification of any provision of an old hire pension plan necessary to comply with state or federal law. Such modification may be made without the approval of the active and retired old hire members. This subsection (2) shall not be construed to authorize the board to allow a modification of any such old hire plan so as to change the nature of the plan from a defined benefit plan to a money purchase plan or to adversely affect the pension benefits of active or retired old hire members.
Source: L. 96: Entire article added with relocations, p. 865, � 1, effective May 23. L. 2003: (2) amended, p. 827, � 2, effective April 1. L. 2005: (2) amended, p. 135, � 2, effective August 8.
Editor's note: Provisions of this section were formerly numbered as �� 31-30-805 (10)(a) and 31-30-1005 (6).
31-30.5-211. Affiliation with the fire and police pension association. Any employer may elect affiliation with the fire and police pension association established by section 31-31-201 (1), relating to an old hire pension plan established pursuant to this article. The procedures for affiliation and other provisions governing the administration of an affiliated plan are set forth in section 31-31-701.
Source: L. 96: Entire article added with relocations, p. 866, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-1003 (3)(a).
31-30.5-212. Qualification requirements - internal revenue code - definitions. (1) As used in this section, internal revenue code means the federal Internal Revenue Code of 1986, as amended.
(2) Old hire pension plans shall satisfy the qualification requirements specified in section 401 of the internal revenue code, as applicable to governmental plans.
(3) A board, as defined in section 31-30.5-102 (1.5), may adopt any provision for an old hire pension plan that is necessary to comply with the internal revenue code.
(4) (a) The board of directors of the fire and police pension association established by section 31-31-201 may create a master plan document for old hire pension plans and may submit the master plan document to the internal revenue service for a determination of its status as a qualified plan under the internal revenue code. The master plan document shall include provisions necessary to comply with the internal revenue code.
(b) The board of directors of the fire and police pension association established by section 31-31-201 may:
(I) Amend the master plan document as may be necessary to comply with the internal revenue code; and
(II) Require an affiliated board to adopt the master plan document or to obtain internal revenue service approval for its old hire pension plan.
(c) Nothing in this subsection (4) shall preclude an affiliated board from submitting its plan document to the internal revenue service for a determination of its plan document's status as a qualified plan under the internal revenue code.
(5) The old hire pension funds established by this article shall be held in trust for the benefit of old hire members and other persons entitled to benefits. No part of the corpus or income of a pension fund shall be used for or diverted to purposes other than for the exclusive benefit of old hire members or other persons entitled to benefits from the pension fund and for expenses incident to operation of the pension fund. No person shall have any interest in or right to any part of the corpus or earnings of the pension trust except as expressly provided, including assignments for child support purposes as provided for in section 14-14-104, C.R.S., child support arrearages as requested as part of an enforcement action under article 5 of title 14, C.R.S., or child support arrearages that are the subject of enforcement services provided under section 26-13-106, C.R.S., income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt, and payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to section 14-10-113 (6), C.R.S.
Source: L. 96: Entire article added with relocations, p. 866, � 1, effective May 23. L. 98: (8) amended and (9) and (10) added, p. 24, � 2, effective March 16. L. 2006: (2) amended, p. 180, � 4, effective March 31. L. 2009: Entire section R&RE, (HB 09-1030), ch. 16, p. 89, � 3, effective August 5.
Editor's note: This section was formerly numbered as � 31-30-324.5.
31-30.5-213. Dissolution of fire departments. In the event of dissolution, for any reason, of fire departments whereby the services of firefighters or fire departments are discontinued, the firefighters or their surviving spouses, dependent parents, and children receiving benefits at the time of such dissolution shall continue to receive such benefits in accordance with the provisions of this article. Assets of the pension funds shall be transferred with other assets of the department and shall be administered by the board of trustees of the successor pension fund. In no event shall the rate of compensation be altered either after commencement of proceedings for dissolution has occurred or after its completion. After attaining fifty years of age, any firefighter having accrued ten or more years of active service at the time of such dissolution shall be granted an annuity, prorated in accordance with the number of years of service and the amount of annuity being paid for age and service pensions by the board of trustees of such pension fund at the time of such dissolution.
Source: L. 96: Entire article added with relocations, p. 867, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-415 (9).
PART 3
FUNDING - STATE-ASSISTED PLANS
31-30.5-301. Legislative declaration. The general assembly finds and
declares that the establishment of statewide actuarial standards regarding funded and unfunded liabilities of state-assisted old hire police officers' and firefighters' pension funds established pursuant to this article is a matter of statewide concern affected with a public interest, and the provisions of this part 3 are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. The general assembly further declares that state moneys provided to municipalities, fire protection districts, and county improvement districts do not constitute an obligation of the state to participate in the costs of pension plan benefits but are provided in recognition that said local governments are currently burdened with financial obligations relating to pensions in excess of their present financial capacities. It is the intent of the general assembly in providing state moneys to assist said local governments that state participation decrease annually, terminating at the earliest possible date.
Source: L. 96: Entire article added with relocations, p. 867, � 1, effective May
23.
Editor's note: This section was formerly numbered as � 31-30-802.
31-30.5-302. Definitions. As used in this part 3, unless the context
otherwise requires:
(1) Commission means the pension review commission established
pursuant to section 24-51.1-101.
(2) Employee means any old hire firefighter, except any volunteer
firefighter, or old hire police officer employed by an employer who is eligible for the benefits provided pursuant to this article.
(3) Employer means any municipality, fire protection district, or county
improvement district employing one or more employees.
(4) Governing body means the governing body of a municipality, fire
protection district, or county improvement district.
(5) State-assisted means having received state moneys relating to accrued
unfunded liability.
(6) Volunteer firefighter has the same meaning as provided in section 31-30-1102 (9).
Source: L. 96: Entire article added with relocations, p. 868, � 1, effective May
-
L. 2014: (5) amended, (SB 14-031), ch. 52, p. 236, � 2, effective March 20. L. 2018: (1) amended, (SB 18-200), ch. 370, p. 2264, � 28, effective June 4.
Editor's note: This section was formerly numbered as � 31-30-803.
Cross references: For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.
31-30.5-303. State assistance - limitation. (Repealed)
Source: L. 96: Entire article added with relocations, p. 868, � 1, effective May 23. L. 2014: Entire section repealed, (SB 14-031), ch. 52, p. 236, � 3, effective March 20.
Editor's note: This section was formerly numbered as � 31-30-804.
31-30.5-304. Limitation on existing funds - procedures. (1) On and after January 1, 1982, every state-assisted old hire police officers' or firefighters' pension plan created pursuant to this article shall be financed in accordance with minimum funding standards prescribed in this part 3. Contributions made pursuant to this section include municipal, special district, and county improvement district contributions, the established employee contribution, and any state contribution.
(2) (a) Annual contributions to state-assisted old hire police officers' and firefighters' pension funds shall be made in at least the amount determined by the policy set by the board of the fire and police pension association that balances the following considerations: Stabilization of the amount of the annual required contributions over time; keeping the funded ratio of the pension fund from declining; and reducing or eliminating contributions as may be prudent based on actuarial experience. The unfunded accrued liabilities of the plan may be amortized over a period not to exceed the lesser of twenty years or the number of years equal to the average remaining life expectancy of the pension fund's members.
(b) In addition to the contributions required by paragraph (a) of this subsection (2), the employer shall annually pay any required dollar amount of contributions necessary to fund additional plan benefits adopted under section 31-30.5-210 (2), as established by supplemental actuarial studies on such funds.
(3) and (3.5) (Deleted by amendment, L. 2014.)
(4) Repealed.
(5) (Deleted by amendment, L. 2014.)
(6) All municipalities, fire protection districts, and county improvement districts, including both paid firefighters and volunteer firefighters in their pension plans, shall segregate the pension funds for paid firefighters and volunteer firefighters on an equitable basis for accounting and actuarial purposes, and said segregation shall be considered in all actuarial reports applicable to such funds. In computing the portion of the fund attributable to volunteer firefighters, the benefits of such volunteer firefighters shall not be reduced or otherwise changed.
(7) (Deleted by amendment, L. 2014.)
(8) Every employee employed as a firefighter or police officer for the first time after April 7, 1978, is covered by the benefit provisions set forth in or authorized by article 31 of this title.
(9) Volunteer firefighters and volunteer firefighter pension funds are exempt from all provisions of this section except subsection (6) of this section.
(10) (Deleted by amendment, L. 2014.)
(11) Repealed.
(12) (Deleted by amendment, L. 2014.)
(13) The board of any state-assisted old hire pension plan may take, by gift, grant, devise or bequest, any money, personal property, or real estate, or interest therein, as trustees for the uses and purposes for which the fund is created.
Source: L. 96: Entire article added with relocations, p. 868, � 1, effective May 23. L. 2003: (5)(a)(II) and (5)(b) amended, p. 1472, � 1, effective May 1. L. 2006: (3.5) amended, p. 181, � 5, effective March 31. L. 2009: (5)(a)(II) and (5)(b) amended, (SB 09-227), ch. 125, p. 540, � 1, effective April 16. L. 2011: (5)(a)(II) and (5)(b) amended, (SB 11-221), ch.152, p. 528, � 1, effective May 5. L. 2014: Entire section amended, (SB 14-031), ch. 52, p. 237, � 4, effective March 20. L. 2020: (2)(a) amended and (4) and (11) repealed, (HB 20-1044), ch. 105, p. 404, � 1, effective September 14.
Editor's note: This section was formerly numbered as � 31-30-805.
31-30.5-305. No change in employer obligation. It is the intention of the general assembly that the minimum funding standards established by this part 3 shall not enlarge nor diminish the obligation of municipalities and fire protection districts to their employees for pension benefits provided pursuant to this article.
Source: L. 96: Entire article added with relocations, p. 873, � 1, effective May 23.
Editor's note: This section was formerly numbered as � 31-30-806.
31-30.5-306. Actuarial studies. (1) An actuarial study of each old hire police officers' and firefighters' pension fund administered by the association shall be conducted not later than July 1, 2014, and an updated actuarial study shall be conducted by the association every two years thereafter until the plan is terminated.
(2) (a) The association shall designate actuaries or firms of actuaries to supervise, conduct, or review actuarial studies required by this section.
(b) The fire and police pension association's board of directors shall specify the actuarial assumptions to be used in each such actuarial study.
(3) Costs of all such actuarial studies are an expense of the old hire plan and the fire and police pension association is authorized to pay for such costs as provided in section 31-31-302 (3).
(4) (Deleted by amendment, L. 2014.)
Source: L. 96: Entire article added with relocations, p. 873, � 1, effective May 23. L. 2001: (1)(b) amended, p. 302, � 1, effective August 8. L. 2003: (1)(b)(II) amended, p. 1473, � 2, effective May 1. L. 2006: (1)(b)(II) amended, p. 181, � 6, effective March 31. L. 2009: (1)(b)(II) amended, (SB 09-227), ch. 125, p. 541, � 2, effective April 16. L. 2011: (1)(b)(II) amended, (SB 11-221), ch. 152, p. 529, � 2, effective May 5. L. 2014: Entire section amended, (SB 14-031), ch. 52, p. 241, � 5, effective March 20.
Editor's note: This section was formerly numbered as � 31-30-1014.5.
31-30.5-307. State contribution. (1) (a) (Deleted by amendment, L. 2014.)
(b) (I) Each employer having rank escalation and having old hire members shall determine for each such employee the percentage that such employee's years served as of January 1, 1980, bear to the total number of years required for retirement. At retirement, the retirement pension shall be divided into that percentage and the remainder. The portion of the retirement pension equal to that percentage earned as of January 1, 1980, shall be subject to rank escalation as provided under the old hire pension plan, and the remainder of the retirement pension shall be subject to the same adjustment as that determined by the fire and police pension association board of directors pursuant to section 31-31.5-410.
(II) An employer may elect to continue full rank escalation benefits for that portion of the retirement pension subject to the adjustment as provided in subparagraph (I) of this paragraph (b), but no state contribution shall be used to fund such continuation of rank escalation or any unfunded liabilities incurred as a result of such continuation of rank escalation.
(c) (Deleted by amendment, L. 2014.)
(d) Repealed.
(2) (a) Moneys transferred from the state treasurer as state assistance to the old hire plan members' benefit trust fund shall not revert to the general fund but are continuously available for the purposes provided in this part 3 and part 11 of article 30 of this title.
(b) No other transfers for state assistance to the old hire plans shall be made to the old hire plan members' benefit trust fund pursuant to this section.
(2.5) Repealed.
(3) to (6) (Deleted by amendment, L. 2014.)
Source: L. 96: Entire article added with relocations, p. 874, � 1, effective May 23. L. 98: (1)(b)(I) amended, p. 826, � 43, effective August 5. L. 99: (2.5) added, p. 1269, � 2, effective August 4. L. 2000: (2.5) repealed, p. 271, � 2, effective March 31. L. 2001: (1)(d) amended and (4) added, p. 302, � 2, effective August 8; (1)(d) repealed, p. 1180, � 18, effective August 8. L. 2003: (1)(a), (1)(c), (2), and (4) amended and (5) added, p. 1473, � 3, effective May 1. L. 2004: (2) amended, p. 1203, � 72, effective August 4. L. 2005: (6) added, p. 756, � 2, effective June 1. L. 2006: (2), (5)(a), (5)(b), and (6) amended, p. 181, � 7, effective March 31. L. 2009: (1)(a), (1)(c), (2), (4), (5)(a), and (5)(b) amended, (SB 09-227), ch. 125, p. 541, � 3, effective April 16. L. 2011: (1)(a), (1)(c), (2), (4), (5)(a)(II), and (5)(b) amended, (SB 11-221), ch. 152, p. 529, � 3, effective May 5. L. 2013: (2) and (3) amended, (SB 13-234), ch. 180, p. 663, � 1, effective May 10. L. 2014: Entire section amended, (SB 14-031), ch. 52, p. 242, � 6, effective March 20. L. 2024: (1)(b)(I) amended, (HB 24-1042), ch. 15, p. 37, � 4, effective March 6.
Editor's note: (1) This section was formerly numbered as � 31-30-1014 (4), (5), and (7).
(2) Subsection (1)(d) was amended in House Bill 01-1008. Those amendments were superseded by the repeal of subsection (1)(d) in Senate Bill 01-208.
PART 4
FUNDING - NONSTATE ASSISTED PLANS
31-30.5-401. Sources of revenue for fund. (1) Except for state-assisted old
hire police officers' and firefighters' pension plans and those affiliated with the fire and police pension association pursuant to section 31-31-701, each old hire pension fund may consist of:
(a) All moneys that may be given to such board or fund by any person for the
use and purpose for which
C.R.S. § 31-31-302
31-31-302. Fund - management - investment - definitions. (1) (a) The board shall be the trustee of the fire and police members' benefit investment fund and shall have full and unrestricted discretionary power and authority to invest and reinvest such portions of the fund as in its judgment may not be immediately required for the payment of refunds or benefits. In exercising its discretionary authority with respect to the management and investment of fund assets, the board shall be governed by the standard and other provisions for trustees set forth in the Colorado Uniform Prudent Investor Act, article 1.1 of title 15, C.R.S.
(b) (I) If the board invests fund moneys through an investment firm offering
for sale corporate stocks, bonds, notes, debentures, or a mutual fund that contains corporate securities, the investment firm shall disclose, in any research or other disclosure documents provided in support of the securities being offered, to the board whether the investment firm has an agreement with a for-profit corporation that is not a government-sponsored enterprise, whose securities are being offered for sale to the board and because of such agreement the investment firm:
(A) Had received compensation for investment services banking within the
most recent twelve months; or
(B) May receive compensation for investment banking services within the
next three consecutive months.
(II) For the purposes of this paragraph (b), investment firm means a bank,
brokerage firm, or other financial services firm conducting business within this state, or any agent thereof.
(2) The board shall designate one or more financial institutions as custodians
of the fund. All moneys paid or transmitted to the custodian shall be credited to appropriate accounts in the fund and the custodian shall maintain a current inventory of all investments of the fund.
(3) Disbursements from the fund shall be made, subject to the approval of
the board, only for payment of the expenses of the association, refunds to the members, benefits, and investment purposes.
(4) and (5) (Deleted by amendment, L. 97, p. 11, � 3, effective March 13, 1997.)
(6) All transactions involving the purchase and sale of investments
authorized in this section shall be effected on behalf of the association. To facilitate sale and exchange transactions, securities belonging to the association may be registered in the name of nominees in the discretion of the board and in accordance with standard business practices. All such nominees shall be bonded in such amounts as may be determined to be advisable by the board. Nothing in this subsection (6) shall preclude the board or its authorized agents from forming a corporation described in section 501 (c)(2) and (c)(25) of the federal Internal Revenue Code of 1986, 26 U.S.C. sec. 501 (c)(2) and (c)(25), as amended, with respect to the ownership of investments in real property.
(7) The board shall submit an annual audit of the fund to the general
assembly and the annual audit of the fund and annual actuarial study, with assumptions, to each employer. Each employer shall make the audit and study available for review by its members. Nothing in this subsection (7) shall be construed as diminishing the obligation of the board to provide any documentation required by the state auditor to carry out his or her responsibilities pursuant to section 2-3-103 (1), C.R.S., regarding state moneys held by the fire and police pension association.
(8) (a) As used in this subsection (8):
(I) Association means the fire and police pension association.
(II) Investment means the utilization of money or other assets in the
expectation of future returns in the form of income or capital gain.
(III) Investment fiduciary means a person who or entity that exercises any
discretionary authority or control over an investment of the association or renders investment advice for the association for a fee or other direct or indirect compensation.
(IV) Investment information means information that has not been publicly
disseminated or that is unavailable from other sources and includes information the release of which might cause an investment vehicle, an investment manager, a general partner, a fund sponsor, or an investment fiduciary significant competitive harm. Investment information includes, but is not limited to, financial performance data and projections, financial statements, lists of co-investors and their level of investment, portions of lists of current or projected investment opportunities that would cause competitive harm, product and market data, rent rolls, leases, other types of proprietary information, or documents and information that investors are legally required to maintain as confidential as a condition of performing due diligence or participating in an investment.
(V) Investment vehicle means an entity in which an investment fiduciary
has made or considered an investment on behalf of the association. Investment vehicles include but are not limited to sponsored funds, limited partnerships, and limited liability companies.
(VI) Public record means all or part of a writing, as defined in section 24-72-202 (6), C.R.S.
(b) Subject to paragraph (c) of this subsection (8), a public record received,
prepared, used, or retained by an investment fiduciary in connection with an investment or potential investment of the association that relates to investment information pertaining to an investment vehicle in which the investment fiduciary has invested or has considered an investment or that relates to investment information whether prepared by or for the investment fiduciary is exempt from the disclosure requirements of part 2 of article 72 of title 24, C.R.S.
(c) If a public record described in paragraph (b) of this subsection (8) is an
agreement or instrument to which the association is a party, only those parts of the public record that contain investment information, as defined in subparagraph (IV) of paragraph (a) of this subsection (8), are exempt from the disclosure requirements of part 2 of article 72 of title 24, C.R.S.
(d) At least annually the board shall publish and make available to the public
a report of its investments that includes the following:
(I) The name of each investment vehicle in which the association invested
during the reporting period;
(II) The aggregate amount of money invested by the association in
investment vehicles during the reporting period; and
(III) The rate of return realized during the reporting period on the
investments of the association in investment vehicles.
Source: L. 96: Entire article added with relocations, p. 900, � 1, effective May
- L. 97: (1) and (4) to (6) amended, p. 11, � 3, effective March 13. L. 2003: (1) amended, p. 675, � 4, effective August 6; (7) amended, p. 1232, � 2, effective August
-
L. 2004: (1)(a) amended, p. 1204, � 75, effective August 4. L. 2005: (8) added, p. 26, � 1, effective March 11. L. 2006: (1)(a) amended, p. 188, � 12, effective March 31. L. 2012: (8)(a)(IV), (8)(a)(V), (8)(b), (8)(c), and (8)(d) amended, (HB 12-1077), ch. 26, p. 75, � 1, effective August 8.
Editor's note: This section was formerly numbered as � 31-30-1012 (2) to (7) and (9).
C.R.S. § 31-35-107
31-35-107. Trustees - quorum - existing boards - secretary. (1) The first board of trustees elected pursuant to this part 1 shall be elected as follows: One for the period of two years, one for the period of four years, and one for the period of six years; and, at the end of each term, a board member shall be elected for a term of six years. The ballot at the first election shall designate the term for which the candidate is to be elected.
(2) Said board shall constitute a body corporate to be known as the trustees
of ............ waterworks, the name of the city or town to be inserted in said title, and shall be a party to all suits, proceedings, and contracts, the same as are municipalities in this state. Said board shall have control of all real estate owned, controlled, or acquired on or after April 15, 1903, by the city or town or any board of trustees or other body used in connection with said waterworks in operating waterworks constructed, including mains, pipes, reservoirs, buildings, machinery, lands, leases, water, water rights and privileges of every kind belonging thereto, and property of every kind and description, and the title to the same shall vest in said board of trustees, and their successors in office, as trustees for the use and benefit of the city or town or part or district of the city or town and the inhabitants and property therein supplied from said waterworks.
(3) As soon as said board of trustees organizes, it shall have all the power to
manage, repair, control, and extend and have all other powers in and about and over said property to acquire, purchase, and develop water and water rights and to exchange and extinguish the indebtedness growing out of the same or existing as of April 15, 1903, against waterworks possessed by any such city or town on said date. A majority of the trustees shall be a quorum and competent to bind the whole number by act and deed.
(4) The question of contracting a bonded debt or for funding or floating
bonded indebtedness shall be submitted to the registered electors of the city or town or part or district of the city or town at a special election to be called for voting upon such proposition; except that when the registered electors of any said city or town, prior to the establishment of a board of trustees under this part 1, have authorized by election the acquisition, construction, and operation of a municipal waterworks system and the incurring of indebtedness therefor and indebtedness for such purpose exists after creation of the board, no further election shall be necessary to permit the contracting of additional bonded debt or for funding or floating additional bonded indebtedness for the purpose of carrying out the powers granted under this title to cities or towns regarding waterworks, water rights, and property and the management, maintenance, development, and expansion thereof.
(5) The provisions of this part 1 regarding indebtedness and limitations
thereon in connection with water and waterworks shall apply to indebtedness created by the board of trustees elected under this part 1 as shall the provisions of other sections of the statutes of this state relating to bonded indebtedness for said purposes.
(6) The board of trustees may employ a secretary.
Source: L. 75: Entire title R&RE, p. 1246, � 1, effective July 1.
Editor's note: This section is similar to former � 31-35-110 as it existed prior
to 1975.
C.R.S. § 32-1-103
32-1-103. Definitions. As used in this article 1, unless the context otherwise requires:
(1) Ambulance district means a special district which provides emergency
medical services and the transportation of sick, disabled, or injured persons by motor vehicle, aircraft, or other form of transportation to and from facilities providing medical services. For the purpose of this subsection (1), emergency medical services means services engaged in providing initial emergency medical assistance, including, but not limited to, the treatment of trauma and burns and respiratory, circulatory, and obstetrical emergencies.
(1.5) Board means the board of directors of a special district.
(2) Court means the district court in any county in which the petition for
organization of the special district was originally filed and which entered the order organizing said district or the district court to which the file pertaining to the special district has been transferred pursuant to section 32-1-303 (1)(b).
(2.5) Depository institution means:
(a) A person that is organized or chartered, or is doing business or holds an
authorization certificate, under the laws of a state or of the United States which authorize the person to receive deposits, including deposits in savings, shares, certificates, or other deposit accounts, and that is supervised and examined for the protection of depositors by an official or agency of a state or the United States; and
(b) A trust company or other institution that is authorized by federal or state
law to exercise fiduciary powers of the type that a national bank is permitted to exercise under the authority of the comptroller of the currency and that is supervised and examined by an official or agency of a state or the United States. The term does not include an insurance company or other organization primarily engaged in the insurance business.
(3) Director means a member of the board.
(4) Division means the division of local government in the department of
local affairs.
(4.5) Early childhood development service district means a special district
created pursuant to article 21 of this title 32 to provide, directly or indirectly, early childhood development services to children from birth through eight years of age.
(5) (a) Eligible elector means a person who, at the designated time or
event, is registered to vote pursuant to the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., and:
(I) Who is a resident of the special district or the area to be included in the
special district; or
(II) Who, or whose spouse or civil union partner, owns taxable real or
personal property situated within the boundaries of the special district or the area to be included in the special district, whether said person resides within the special district or not.
(b) A person who is obligated to pay taxes under a contract to purchase
taxable property situated within the boundaries of the special district or the area to be included within the special district shall be considered an owner within the meaning of this subsection (5).
(c) Repealed.
(d) For all elections and petitions that require ownership of real property or
land, the ownership of a mobile home as defined in section 38-12-201.5 (5) or 5-1-301 (29), or a manufactured home as defined in section 42-1-102 (48.8), is sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.
(e) In the event that the board, by resolution, ends business personal
property taxation by the district pursuant to subsection (8)(b) of section 20 of article X of the state constitution, persons owning such property and spouses or civil union partners of such persons shall not be eligible electors of the district on the basis of ownership of such property.
(6) Repealed.
(6.5) Financial institution or institutional investor means any of the
following, whether acting for itself or others in a fiduciary capacity:
(a) A depository institution;
(b) An insurance company;
(c) A separate account of an insurance company;
(d) An investment company registered under the federal Investment
Company Act of 1940;
(e) A business development company as defined in the federal Investment
Company Act of 1940;
(f) Any private business development company as defined in the federal
Investment Company Act of 1940;
(g) An employee pension, profit-sharing, or benefit plan if the plan has total
assets in excess of five million dollars or its investment decisions are made by a named fiduciary, as defined in the federal Employee Retirement Income Security Act of 1974, that is a broker-dealer registered under the federal Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the federal Investment Advisers Act of 1940, a depository institution, or an insurance company;
(h) An entity, but not an individual, a substantial part of whose business
activities consists of investing, purchasing, selling, or trading in securities of more than one issuer and not of its own issue and that has total assets in excess of five million dollars as of the end of its last fiscal year; and
(i) A small business investment company licensed by the federal small
business administration under the federal Small Business Investment Act of 1958.
(7) Fire protection district means a special district which provides
protection against fire by any available means and which may supply ambulance and emergency medical and rescue services.
(7.5) Forest improvement district means a special district created pursuant
to article 18 of this title that protects communities from wildfires and improves the condition of forests in the district.
(8) Governing body means a city council or board of trustees and includes
a body or board where the operation and management of service is under the control of a municipal body or board other than a city council or board of trustees.
(8.5) Health assurance district means a special district that is created to
organize, operate, control, direct, manage, contract for, furnish, or provide, directly or indirectly, health-care services to residents of the district and family members of such residents who are in need of such services.
(9) Health service district means a special district that may establish,
maintain, or operate, directly or indirectly through lease to or from other parties or other arrangement, public hospitals, convalescent centers, nursing care facilities, intermediate care facilities, emergency facilities, community clinics, or other facilities licensed or certified pursuant to section 25-1.5-103 (1)(a), C.R.S., providing health and personal care services and may organize, own, operate, control, direct, manage, contract for, or furnish ambulance service.
(9.3) Inactive special district means a special district in a predevelopment
stage that has no residents other than those who lived within the district boundaries prior to the formation of the district, no business or commercial ventures or facilities within its boundaries, has not issued any general obligation or revenue debt and does not have any financial obligations outstanding or contracts in effect that require performance by the district during the time the district is inactive, has not imposed a mill levy for tax collection in that fiscal year, anticipates no receipt of revenue and has no planned expenditures, except for statutory compliance, in that fiscal year, has no operation or maintenance responsibility for any facilities, has initially filed a notice of inactive status pursuant to section 32-1-104 (3), and, each year thereafter, has filed a notice of continuing inactive status pursuant to section 32-1-104 (4).
(9.5) Mental health-care service district means a special district created
pursuant to this article to provide, directly or indirectly, mental health-care services to residents of the district who are in need of mental health-care services and to family members of such residents.
(10) Metropolitan district means a special district that provides for the
inhabitants thereof any two or more of the following services:
(a) Fire protection;
(b) Mosquito control;
(c) Parks and recreation;
(d) Safety protection;
(e) Sanitation;
(f) Solid waste disposal facilities or collection and transportation of solid
waste;
(g) Street improvement;
(h) Television relay and translation;
(i) Transportation;
(j) Water.
(11) Municipality means a municipality as defined in section 31-1-101 (6),
C.R.S.
(12) Net effective interest rate means the net interest cost of securities
issued by a public body divided by the sum of the products derived by multiplying the principal amount of the securities maturing on each maturity date by the number of years from their date to their respective maturities. In all cases, net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.
(13) Net interest cost means the total amount of interest to accrue on
securities issued by a public body from their date to their respective maturities, less the amount of any premium above par, or plus the amount of any discount below par, at which said securities are being or have been sold. In all cases net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.
(13.5) Nonprofit entity means a person that is registered as an exempt
charitable organization pursuant to 26 U.S.C. sec. 501 (c)(3) and that is exempt from taxation pursuant to 26 U.S.C. sec. 501 (a) of the federal Internal Revenue Code of 1986.
(14) Park and recreation district means a special district which provides
parks or recreational facilities or programs within said district.
(14.3) Privately owned real property or property means privately owned
real property that is not classified as agricultural land by the tax assessor. Privately owned real property or property does not mean privately owned real property owned by a nonprofit entity that is leased for agricultural purposes. Privately owned real property or property does not mean real property owned or occupied by a public utility that has a vegetation management or wildfire mitigation plan to address vegetative fuel sources or real property adjacent to a ditch that conveys decreed water rights or within the appurtenant easement within which the ditch is located.
(14.5) Property owners list means the list furnished by the county assessor
in accordance with section 1-5-304, 1-13.5-204, or 1-13.5-1105 (2)(a) and (2)(b) showing each property owner within the district, as shown on a deed or contract of record.
(15) Publication means printing one time, in one newspaper of general
circulation in the special district or proposed special district if there is such a newspaper, and, if not, then in a newspaper in the county in which the special district or proposed special district is located. For a special district with territory within more than one county, if publication cannot be made in one newspaper of general circulation in the special district, then one publication is required in a newspaper in each county in which the special district is located and in which the special district also has fifty or more eligible electors.
(16) Quorum means more than one-half of the number of directors serving
on the board of a special district.
(17) Regular special district election means the election on the Tuesday
succeeding the first Monday of May in every odd-numbered year, held for the purpose of electing members to the boards of special districts and for submission of other public questions, if any.
(17.5) (Deleted by amendment, L. 92, p. 874, � 105, effective January 1, 1993.)
(18) Sanitation district means a special district that provides for storm or
sanitary sewers, or both, flood and surface drainage, treatment and disposal works and facilities, or solid waste disposal facilities or waste services, and all necessary or proper equipment and appurtenances incident thereto.
(19) Secretary means the secretary of the board.
(19.5) Solid waste shall have the same definition as specified in section 30-20-101 (6), C.R.S.
(20) Special district means any quasi-municipal corporation and political
subdivision organized or acting pursuant to the provisions of this article. Special district does not include any entity organized or acting pursuant to the provisions of article 8 of title 29, article 20 of title 30, article 25 of title 31, or articles 41 to 50 of title 37, C.R.S.
(21) Special election means any election called by the board for submission
of public questions and other matters. The election shall be held on the first Tuesday after the first Monday in February, May, October, or December, in November of even-numbered years or on the first Tuesday in November of odd-numbered years. Any special district may petition a district court judge who has jurisdiction in such district for permission to hold a special election on a day other than those specified in this subsection (21). The district court judge may grant permission only upon a finding that an election on the days specified would be impossible or impracticable or upon a finding that an unforeseeable emergency would require an election on a day other than those specified.
(22) Taxable property means real or personal property subject to general
ad valorem taxes. Taxable property does not include the ownership of property on which a specific ownership tax is paid pursuant to law.
(23) (a) Taxpaying elector means an eligible elector of a special district
who, or whose spouse or civil union partner, owns taxable real or personal property within the special district or the area to be included in or excluded from the special district, whether the person resides within the special district or not.
(b) A person who is obligated to pay taxes under a contract to purchase
taxable property within the special district shall be considered an owner within the meaning of this subsection (23).
(c) For all elections and petitions that require ownership of real property or
land, the ownership of a mobile home as defined in section 38-12-201.5 (5) or 5-1-301 (29), or a manufactured home as defined in section 42-1-102 (48.8), is sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.
(23.2) Tunnel means one or more holes under or through the ground,
mountains, rock formations, or other natural or man-made material, including roads, railroads, pipelines, and other means of transporting vehicles, people, or goods through any such tunnel, whether located in the tunnel or, to the extent the same connects the tunnel to other similar facilities, located outside the tunnel. Tunnel also means any ventilation, drainage, and support facilities, toll collection facilities, administrative facilities, and other facilities necessary or convenient to the acquisition, construction, improvement, equipping, operation, or maintenance of the tunnel or to the operation of the tunnel district, whether located within or without the tunnel.
(23.5) Tunnel district means a special district which provides a tunnel.
(23.7) Vegetative fuel means any dead plant material that can burn and
contribute to a fire, including leaves, grass, shrubs, ground litter, dead leaves, and fallen pine needles.
(24) Water and sanitation district means a special district which provides
both water district and sanitation district services.
(25) Water district means a special district which supplies water for
domestic and other public and private purposes by any available means and provides all necessary or proper reservoirs, treatment works and facilities, equipment, and appurtenances incident thereto.
Source: L. 81: Entire article R&RE, p. 1543, � 1, effective July 1. L. 82: (5)(d)
and (23)(c) added, p. 546, �� 5, 6, effective April 15. L. 83: (1) R&RE and (1.5) added, p. 412, �� 2, 3, effective June 1. L. 85: (20) amended, p. 1097, � 1, effective April 30; (21) amended, p. 1027, � 4, effective July 1; IP(5)(a) and (5)(a)(I) amended and (14.5) and (17.5) added, p. 1083, � 1, effective July 1, 1986. L. 86: (5)(c) repealed and (21) amended, pp. 1068, 814, �� 3, 6, effective July 1. L. 87: (23.2) and (23.5) added, p. 1232, � 1, effective May 13; IP(5)(a), (5)(a)(I), (5)(b), and (14.5) amended, p. 333, � 100, effective July 1. L. 89: (6) repealed, p. 1135, � 85, effective July 1. L. 90: (5)(d) amended, p. 1848, � 46, effective May 31. L. 91: (2.5) and (6.5) added, p. 780, � 2, effective June 4. L. 92: IP(5)(a), (17), (17.5), (21), and (23)(a) amended, p. 874, � 105, effective January 1, 1993. L. 93: (5)(a)(I) and (21) amended, p. 1438, � 133, effective July 1. L. 94: (5)(d) and (23)(c) amended, p. 706, � 10, effective April 19; (14.5) and (15) amended, p. 1194, � 97, effective July 1; (5)(a)(I) amended, p. 1775, � 45, effective January 1, 1995; (5)(d) and (23)(c) amended, p. 2565, � 79, effective January 1, 1995. L. 96: (5)(e) added and (9) and (14.5) amended, pp. 1771, 470, �� 72, 1, 73, effective July 1. L. 98: (10) and (18) amended and (19.5) added, p. 1069, � 1, effective June 1. L. 2001: (5)(d) and (23)(c) amended, p. 1276, � 42, effective June 5. L. 2003: (9) amended, p. 715, � 58, effective July 1. L. 2005: (9.5) added, p. 1035, � 1, effective June 2. L. 2007: (7.5) added, p. 425, � 1, effective April 9; (8.5) added, p. 1186, � 1, effective July 1. L. 2009: (20) amended, (SB 09-292), ch. 369, p. 1979, � 109, effective August 5. L. 2010: (9.3) added, (HB 10-1362), ch. 360, p. 1710, � 1, effective August 11. L. 2014: (5)(a), (5)(e), and (23)(a) amended, (HB 14-1164), ch. 2, p. 70, � 29, effective February 18. L. 2018: IP and (17) amended, (HB 18-1039), ch. 29, p. 330, � 3, effective July 1, 2022. L. 2019: IP amended and (4.5) added, (HB 19-1052), ch. 72, p. 257, � 1, effective August 2. L. 2020: (5)(d) and (23)(c) amended, (HB 20-1196), ch. 195, p. 927, � 18, effective June 30. L. 2021: (14.5) amended, (SB 21-160), ch. 133, p. 538, � 6, effective September 7. L. 2022: (5)(d) and (23)(c) amended, (SB 22-212), ch. 421, p. 2982, � 73, effective August 10. L. 2025: (13.5), (14.3), and (23.7) added, (HB 25-1009), ch. 42, p. 196, � 2, effective August 6.
Editor's note: (1) The provisions of this section are similar to provisions of
several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Amendments to subsection (5)(d) by Senate Bill 94-092 and Senate Bill
94-001 were harmonized. Amendments to subsection (23)(c) by Senate Bill 94-092 and Senate Bill 94-001 were harmonized.
Cross references: For the legislative declaration in HB 14-1164, see section 1
of chapter 2, Session Laws of Colorado 2014. For the legislative declaration in HB 25-1009, see section 1 of chapter 42, Session Laws of Colorado 2025.
C.R.S. § 32-1-307
32-1-307. Park and recreation districts - metropolitan districts providing parks and recreational facilities or programs - exclusion proviso. (1) Any provision of this part 3 to the contrary notwithstanding, no tract of land of forty acres or more used primarily and zoned for agricultural uses shall be included in any park and recreation district or in any metropolitan district providing parks or recreational facilities and programs organized under this part 3 without the written consent of the owners thereof. No personal property which is situated upon real estate not included in such district shall be included within any park and recreation or metropolitan district. If, contrary to the provisions of this section, any such tract, parcel, or personal property is included in any park and recreation or metropolitan district, the owners thereof, on petition to the court, shall be entitled to have such property excluded from such district free and clear of any contract, obligation, lien, or charge to which it may be liable as a part of such district.
(2) If the use or zoning of any tract of land of forty acres or more lying within
the boundaries of any park and recreation district or any metropolitan district providing parks or recreational facilities and programs organized under the provisions of this part 3 has been or is changed from agricultural use or zoning to any other use or zoning designation, such lands and the personal property thereon shall no longer be excluded from said district and shall be subject to all obligations, liens, or charges of such district on and after January 1 of the year following such change in use or zoning.
(3) When there is a change of use or zoning to any other use or zoning
designation and the assessor of the county in which such lands are located is notified of a change, he shall give notification of such change to the secretary of the district. The district shall mail a notice of such action to the owner of the property at the address shown for such owner in the records of the county assessor's office.
(4) The district shall petition the appropriate district court for an order
including the subject lands within the district, and the court, upon examining the proof of change of such use or zoning and finding that it complies with this section, shall enter an order including said lands within the district. The district shall have a certified copy of said order recorded by the county clerk and recorder and shall file a copy with the county assessor.
Source: L. 81: Entire article R&RE, p. 1554, � 1, effective July 1. L. 2017: (1) and
(2) amended, (HB 17-1065), ch. 73, p. 231, � 1, effective August 9.
Editor's note: This section is similar to former � 32-2-108 as it existed prior to
1981.
C.R.S. § 32-14-106
32-14-106. Board of directors - membership - qualifications. (1) The district created in section 32-14-104 shall be governed by a board of directors, which consists of seven directors. No director shall be an elected official.
(2) The seven directors shall be appointed by the governor, with the consent
of the senate, for four-year terms. Appointments made to the board while the senate is not in session shall be temporary appointments, and the appointees shall serve on a temporary basis until the senate is in session and is able to confirm such appointments. Each director shall hold office until the director's successor is appointed.
(3) All directors shall have expertise in one or more areas which are relevant
to the performance of the powers and duties of the board. Such areas of expertise may include, but are not limited to: Public finance; private finance; commercial law; commercial real estate; real estate development; general contracting; architecture; and administration of baseball operations.
(4) All directors shall reside within the geographical boundaries of the
district.
(5) Any director may be removed at any time during the director's term at the
pleasure of the governor. If any director vacates the director's office during the term for which appointed to the board, a vacancy on the board exists, and the governor shall fill such vacancy by appointment for the remainder of such unexpired term, subject to confirmation by the senate.
(6) The directors shall elect a chairman and a vice-chairman from among the
membership of the board.
(7) All business of the board shall be conducted at regular or special
meetings, which shall be held within the geographical boundaries of the district and which shall be open to the public. This subsection (7) and part 4 of article 6 of title 24 apply to all meetings of the board.
(8) Board action shall require the affirmative vote of a majority of the total
membership of the board.
(9) Directors of the board shall receive no compensation for their services
but may be reimbursed for their necessary expenses while serving as directors of the board.
Source: L. 89: Entire article added, p. 1329, � 1, effective June 6. L. 90: (7)
amended, p. 1518, � 3, effective April 16. L. 91: (7) amended, p. 821, � 9, effective June 1. L. 2022: (1), (2), (5), and (7) amended, (SB 22-013), ch. 2, p. 73, � 98, effective February 25.
C.R.S. § 32-15-105
32-15-105. Board of directors - membership - qualifications. (1) The district shall be governed by a board of directors which shall consist of nine directors as follows:
(a) Six directors representing the counties and the city and county of Denver
in the metropolitan Denver area of which one director shall be appointed by the county commissioners of each of the counties of Adams, Arapahoe, Boulder, Douglas, and Jefferson and one director shall be appointed by the mayor and the city council of the city and county of Denver;
(b) Two directors at large appointed by the governor; and
(c) The chairperson of the board of directors of the Denver metropolitan
major league baseball stadium district created in section 32-14-106.
(2) The directors shall be appointed for four-year terms.
(3) All directors appointed pursuant to paragraph (a) of subsection (1) of this
section shall reside within the geographical boundaries of the district. No director shall be a paid employee of the franchise.
(4) All directors appointed pursuant to paragraphs (a) and (b) of subsection
(1) of this section shall have expertise in one or more areas that are relevant to the performance of the powers and duties of the board. Such areas of expertise may include, but are not limited to: Public finance; private finance; commercial law; commercial real estate; real estate development; general contracting; architecture; and administration of football operations.
(5) The directors shall elect a chairperson and a vice-chairperson from
among the membership of the board.
(6) All business of the board shall be conducted at regular or special
meetings that shall be held within the geographical boundaries of the district and that shall be open to the public. The provisions of this subsection (6) and part 4 of article 6 of title 24, C.R.S., shall apply to all meetings of the board.
(7) Board action shall require the affirmative vote of a majority of the total
membership of the board.
(8) Directors of the board shall receive no compensation for their services
but may be reimbursed for their necessary expenses while serving as directors of the board.
Source: L. 96: Entire article added, p. 1055, � 1, effective May 23. L. 2022: (2)
amended, (SB 22-013), ch. 2, p. 74, � 99, effective February 25.
C.R.S. § 32-20-104
32-20-104. Colorado new energy improvement district - creation - board - meetings - quorum - expenses - records. (1) The Colorado new energy improvement district is hereby created as an independent public body corporate, and the boundaries of the district shall include the eligible real property that is owned by a person who has voluntarily joined the district. The district constitutes a public instrumentality, and its exercise of the powers conferred by this article shall be deemed and held to be the performance of an essential public function, but the district:
(a) Shall not be an agency of state government or of any local government;
(b) Shall not be subject to administrative direction by any department, commission,
board, or agency of the state or any local government; and
(c) Shall not be a district, as defined in section 20 (2)(b) of article X of the state
constitution, for purposes of section 20 of said article X.
(2) (a) The district is governed by a board of directors, which shall exercise the
powers of the district, shall, by a majority vote of a quorum of its members, select from its membership a chair, vice-chair, and secretary, and is composed of seven members, including:
(I) The director of the Colorado energy office created in section 24-38.5-101 (1),
C.R.S., or the director's designee;
(II) The following six members appointed by the governor:
(A) One member who has executive-level experience in commercial or residential
real estate development;
(B) Two members who each have at least ten years of executive-level experience
with one or more financial institutions, at least one of whom has had such experience with one or more financial institutions having total assets of less than one billion dollars;
(C) One member who has executive-level experience in the utility industry;
(D) One member who represents the energy efficiency industry; and
(E) One member who represents the renewable energy industry.
(III) to (VI) Repealed.
(b) The term of an appointed member is four years.
(c) (I) Notwithstanding any other law, it is not a conflict of interest for a trustee,
director, officer, or employee of any public utility, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, insurance company, law firm, or other firm, corporation, or business entity to serve as a board member, the executive director of the district, or an employee of the district. However, a board member, executive director, or other employee who is also such a trustee, director, officer, or employee shall disclose his or her business affiliation to the board and shall abstain from voting or otherwise taking action in any instance in which his or her business affiliation is directly involved.
(II) A member of the board, any executive director of the district, and any employee
of the district shall be immune from civil liability for any action taken in good faith in the course of the member's, director's, or employee's duties for the district.
(d) Members of the board shall receive no compensation for services but shall be
entitled to the necessary expenses, including travel and lodging expenses, incurred in the discharge of their official duties. Any payments for compensation and expenses shall be paid from funds of the district.
(3) Four members of the board shall constitute a quorum for the purpose of
conducting business and exercising the powers of the board. Action may be taken by the board upon the affirmative vote of at least four of its members. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
(4) The district shall be subject to the open meetings provisions of the Colorado
Sunshine Act of 1972, part 4 of article 6 of title 24, C.R.S., and the Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S. The board shall also promulgate and adhere to policies and procedures that govern its conduct, provide meaningful opportunities for public input, and establish standards and procedures for calling emergency meetings. One or more members of the board may participate in a meeting of the board and may vote through the use of telecommunications devices, including, but not limited to, a conference telephone or similar communications equipment. Participation through telecommunications devices shall constitute presence in person at a meeting. The use of telecommunications devices shall not supersede any requirements for a public hearing otherwise provided by law.
(5) The district shall be subject to the Local Government Budget Law of Colorado,
part 1 of article 1 of title 29, C.R.S., and the Colorado Local Government Audit Law, part 6 of article 1 of title 29, C.R.S.
(6) The district is a special district included within the definition of the state or any
of its political subdivisions for purposes of and as set forth in section 2 (14.6) of article XXVIII of the state constitution and is, accordingly, subject to the sole source contracting provisions of sections 15 to 17 of said article XXVIII.
(7) Because the district is not a part of state government or a county or
municipality, neither the district nor any member of the board, executive director of the district, or employee of the district shall be subject to the provisions of article XXIX of the state constitution.
Source: L. 2010: Entire article added, (HB 10-1328), ch. 426, p. 2207, � 1, effective
June 11. L. 2012: (2)(a)(I)(A) amended, (HB 12-1315), ch. 224, p. 976, � 40, effective July 1. L. 2013: IP(2)(a), (2)(a)(I), (2)(a)(II), and (3) amended and (2)(a)(III), (2)(a)(IV), (2)(a)(V), and (2)(a)(VI) repealed, (SB 13-212), ch. 347, p. 2015, � 3, effective May 28. L. 2016: IP(2)(a)(II) and (6) amended, (SB 16-171), ch. 238, p. 974, � 1, effective August 10. L. 2022: (2)(b) amended, (SB 22-013), ch. 2, p. 74, � 100, effective February 25.
Editor's note: Sections 2 (14.6) and 15 to 17 of article XXVIII of the state
constitution referenced in subsection (6) were declared unconstitutional. See Dallman v. Ritter, 225 P.3d 610 (Colo. 2010).
Cross references: In 2013, the introductory portion to subsection (2)(a) and
subsections (2)(a)(I), (2)(a)(II), and (3) were amended and subsections (2)(a)(III), (2)(a)(IV), (2)(a)(V), and (2)(a)(VI) were repealed by the New Energy Jobs Act of 2013. For the short title, see section 1 of chapter 347, Session Laws of Colorado 2013.
C.R.S. § 32-20-107
32-20-107. Special assessment constitutes lien - filing - sale of property for nonpayment. (1) (a) A special assessment, together with all interest thereon and penalties for default in payment thereof, and associated collection costs constitutes, from the date of the recording of the assessing resolution and assessment roll pursuant to subsection (2) of this section, a perpetual lien in the amount assessed against the assessed eligible real property and has priority over all other liens; except that:
(I) General property tax liens have priority over district special assessment liens;
(II) A district special assessment lien has priority over preexisting liens only if each
lienholder consents as specified in section 32-20-105 (3)(i) and each consent and the special assessment lien and special assessment roll are recorded in the real estate records of the county where the property is located. Before the recording of the special assessment lien and special assessment roll, the applicant must submit to the district:
(A) Written consent to the special assessment by all individuals or entities shown
on a commitment of title insurance as holders of mortgages or deeds of trust encumbering the applicant's property; and
(B) Evidence that there are no delinquent taxes, special assessments, or water or
sewer charges on the property; that the property is not subject to a trust deed or other lien on which there is a recorded notice of default, foreclosure, or delinquency that has not been cured; and that there are no involuntary liens, including a lien on real property or on the proceeds of a contract relating to real property, for services, labor, or materials furnished in connection with the construction or improvement of the property.
(III) Liens for assessments imposed by other governmental entities have coequal
priority with district special assessment liens.
(b) Neither the sale of eligible real property or tax liens in the district to enforce
the payment of general ad valorem taxes nor the issuance of a treasurer's deed in connection with the sale extinguishes the lien of a special assessment. If assessed eligible real property is subdivided, the board may apportion the special assessment lien in the manner provided in the assessing resolution.
(2) The district shall transmit to a county clerk and recorder of a county that
includes eligible real property included in the district copies of the district's assessing resolution after its final adoption by the board and the assessment roll for recording on the land records of each unit of eligible real property assessed within the county as provided in article 30, 35, or 36 of title 38, C.R.S. The assessing resolution and assessment roll shall be indexed in the grantor index under the name of the district member and in the grantee index under the Colorado new energy improvement district. In addition, the county clerk and recorder shall file copies of the assessing resolution, after its final adoption by the board, and the assessment roll with the county assessor and the county treasurer. The county assessor is authorized to create separate schedules for each unit of eligible real property assessed within the county pursuant to the resolution.
(3) No delays, mistakes, errors, or irregularities in any act or proceeding authorized
or required by this article shall prejudice or invalidate any final special assessment, and such mistakes, errors, or irregularities may be remedied by subsequent filings, amending acts, or proceedings. A remedied special assessment takes effect as of the date of the original filing, act, or proceeding. If a court of competent jurisdiction sets aside any final assessment or if, for any other reason, the board determines it to be necessary to alter any final special assessment, the board, upon notice as required in the making of an original special assessment, may make a new special assessment in accordance with the provisions of this article.
(4) (a) In case of default in the payment of any installment of principal or interest
when due, the county treasurer shall advertise and sell the assessed eligible real property tax lien defaulted upon for the payment of the whole of the unpaid installment of principal and interest. Advertisements and sales shall be made at the same times, in the same manner, under all the same conditions and penalties, and with the same effect as provided by general law for sales of real property tax liens in default of payment of the general property tax.
(b) At any tax lien sale by a county treasurer of any eligible real property, the board
may participate in the tax lien sale auction by bidding on the lien for the district and receive certificates of purchase for the lien in the name of the district if it is the successful bidder. The certificates shall be received and credited at their face value, with all interest and penalties accrued, on account of the assessment installment in pursuance of which the sale was made. The board may thereafter sell the certificates at their face value, with all interest and penalties accrued, and assign the certificates to the purchaser in the name of the district. The board shall credit the proceeds of the sale to the fund created by resolution for the payment of the special assessments, respectively; except that, if the new energy improvements were financed under section 32-20-105 (3)(h), the board shall credit the proceeds of the tax lien sale to the private third party that financed the new energy improvements. If the district has repaid all special assessment bonds in full, the board may sell the certificates for the best price obtainable at public sale, at auction, or by sealed bids in the same manner and under the same conditions as provided in paragraph (d) of this subsection (4). Such assignments are without recourse, and the sale and assignments operate as a lien in favor of the purchaser and assignee as is provided by law in the case of sale of real estate in default of payment of the general property taxes.
(c) The board, as a purchaser of tax liens, has the right to apply for tax deeds on
certificates of purchase at any time after three years from the date of issuance of the certificates in accordance with article 11 of title 39, C.R.S., and the deeds shall be issued as provided by law for issuance of tax deeds for the nonpayment of the general property taxes or special assessments.
(d) Cumulatively with all other remedies, the district, as the owner of property by
virtue of a tax deed, may sell the property for the best price obtainable at public sale, at auction, or by sealed bids. A sale shall be held after public notice by the board to all persons having or claiming any interest in the eligible real property to be sold or in the proceeds of the sale by publication of the notice three times, a week apart, in a weekly or daily newspaper of general circulation within the county in which the property is located. The notice shall describe the property and state the time, place, and manner of receiving bids; except that the time fixed for the sale shall not be less than ten days after the last publication. The board may reject any and all bids. Any interested party, at any time within ten days after the receipt of bids for the sale of property, may file with the board a written protest as to the sufficiency of the amount of any bid made or the validity of the proceedings for the sale. If the protest is denied, the protestor, within ten days thereafter, shall commence an action in a court of competent jurisdiction to enjoin or restrain the board from completing the sale. If no such action is commenced, all protests or objections to the sale shall be waived, and the board shall then convey the property to the successful bidder by quitclaim deed.
(e) Repealed.
(f) The board shall credit the proceeds of any sale of property to the appropriate
special assessment fund; except that, if the new energy improvements were financed under section 32-20-105 (3)(h), the board shall credit the proceeds of the sale to the private third party that financed the new energy improvements. The district shall deduct from the appropriate special assessment fund the necessary expenses in securing deeds and taking proceedings for the sale or foreclosure.
(g) If a treasurer's deed is issued for a property that is included within the district
pursuant to section 32-20-105 and upon which a priority special assessment lien has been placed, the district shall use its reserve account to satisfy special assessment obligations of the property on behalf of the holder of the treasurer's deed in accordance with the terms and duration specified in a written agreement between the county in which the property is located and the district.
(5) When the district has sold or conveyed at a fair market value certificates of
purchase or property that the district has acquired in satisfaction or discharge of special assessment liens, the sales and conveyances are hereby validated and confirmed as against all parties having or claiming any interest in the property or sale proceeds.
Source: L. 2010: Entire article added, (HB 10-1328), ch. 426, p. 2215, � 1, effective
June 11. L. 2013: (1), (2), (4)(b), and (4)(f) amended, (SB 13-212), ch. 347, p. 2018, � 6, effective May 28. L. 2016: (1)(a)(I), IP(1)(a)(II), (1)(a)(II)(A), (1)(b), (2), (3), (4)(a), (4)(b), (4)(c), and (4)(d) amended, (4)(e) repealed, and (4)(g) added, (SB 16-171), ch. 238, p. 977, � 4, effective August 10.
Cross references: In 2013, subsections (1), (2), (4)(b), and (4)(f) were amended by the
New Energy Jobs Act of 2013. For the short title, see section 1 of chapter 347, Session Laws of Colorado 2013.
C.R.S. § 33-4-102
33-4-102. Types of licenses and fees - rules - legislative declaration. (1) Except as otherwise provided in subsection (1.6) of this section, the division may issue the following resident and nonresident licenses and shall collect the following fees:
Fees
Resident Nonresident
(a) to (p) Repealed.
(q) (Deleted by amendment, L. 2018.)
(r) to (u) Repealed.
(v) 3-year possession/hunting
raptor license $ 150.00 Not available
(w) Annual possession/hunting
raptor license Not available $ 80.00
(x) Repealed.
(y) Peregrine falcon
capture license 300.00 Not available
(1.1) to (1.3) Repealed.
(1.4) Except as otherwise provided in subsections (1.5) and (1.6) of this
section, the division may issue the following resident and nonresident licenses and shall collect the following fees:
Fees
Resident Nonresident
(a) Extra rod stamp $ 9.00 $ 9.00
(b) Fishing - 1 day 12.00 15.00
(c) Fishing - 5 days Not available 30.00
(d) Fishing - annual 33.00 95.00
(d.5) Youth, ages sixteen
and seventeen,
fishing - annual 8.00 Not available
(e) Senior, ages
sixty-four and
older, annual fishing 8.00 Not available
(f) Small game hunting 28.00 80.00
(g) Small game - 1 day 12.00 15.00
(h) Furbearer license 28.00 250.00
(i) (Deleted by amendment, L. 94, p. 1220, � 3, effective May 22, 1994.)
(j) Turkey, fall 23.00 150.00
(j.3) Turkey, spring 28.00 150.00
(j.6) Turkey (youth) 14.00 100.00
(k) Combination fishing and
small game hunting 48.00 Not available
(l) Pronghorn 38.00 395.00
(m) Bear, fall 48.00 660.00
(n) Repealed.
(o) Deer 38.00 395.00
(p) Elk 53.00 660.00
(q) Mountain goat 300.00 2,210.00
(r) Moose 300.00 2,210.00
(s) Mountain lion 48.00 660.00
(t) Rocky mountain bighorn
sheep 300.00 2,210.00
(u) Desert bighorn sheep 300.00 2,210.00
(v) (I) Resident low-income
senior annual fishing 8.00 Not
available
(II) (Deleted by amendment, L. 97, p. 766, � 1, effective May 1, 1997.)
(w) Youth big game (deer,
elk, pronghorn) 13.75 99.75
each each
(x) Youth small game hunting 1.00 1.00
(y) Repealed.
(z) Colorado wildlife habitat
stamp, purchased in conjunction
with the purchase of a hunting
or fishing license 10.00 10.00
(aa) Lifetime Colorado
wildlife habitat stamp 300.00 300.00
(bb) Migratory waterfowl
stamp 10.00 10.00
(cc) [Editor's note: Subsection (1.4)(cc) is effective January 1, 2026.]
Bison 374.22 2,756.74
(1.5) (a) With respect to the licenses authorized under subsections (1.4)(d.5)
and (1.4)(e) of this section, the commission may raise the fees by rule as necessary to maintain sufficient funding for Colorado to remain eligible for federal funding made available to the states through the Federal Aid In Sport Fish Restoration Act, 16 U.S.C. secs. 777 to 777k, as amended.
(b) With respect to licenses authorized under subsection (1.4) of this section,
the commission shall consider offering discounted licenses or license combinations for wildlife management or hunting and fishing recruitment purposes, including consideration of the creation of a resident low-income license.
(c) Except for the senior annual fishing license, resident low-income fishing
license, youth big game hunting license, annual Colorado wildlife habitat stamp, lifetime Colorado wildlife stamp, and migratory waterfowl stamp issued in accordance with subsections (1.4) and (1.5)(b) of this section, the commission may, by rule, assess a harvest permit surcharge in an amount not to exceed five dollars for each species that may be taken under any license listed in subsections (1), (1.4), and (1.5)(b) of this section that is sold by the division or one of its license agents pursuant to section 33-4-101 when, as determined by the commission by rule, doing so is necessary for the proper management of the division or is otherwise beneficial to the management of state wildlife resources.
(1.6) (a) By promulgation of appropriate rule, the commission may, from time
to time, reduce a fee specified in this section and may, by promulgation of appropriate rule, later raise the license fee up to an amount not to exceed the statutory limit, when, in the judgment of the commission, one of the following conditions applies:
(I) If the commission determines that it would be beneficial to issue the
license in conjunction with another type of license and creates a combination license;
(II) If the commission determines it is proper for management of the division
or otherwise beneficial to the management of state wildlife resources. Licenses so discounted may be limited to certain geographic areas, by sex of the animal, or as otherwise deemed appropriate by the commission.
(III) If the commission determines that an activity is regulated at both the
state and federal levels and that issuance of a multi-year state license or collection of a reduced state annual license fee, or both, would help to coordinate state and federal regulation and reflect the administrative cost savings realized through coordination.
(IV) (Deleted by amendment, L. 2018.)
(b) (I) For a fee or surcharge described in articles 1 to 6 of this title 33, the
commission may, by rule, adjust the fee or surcharge by an amount up to the total amount reflected by 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 and all urban consumers, or its applicable predecessor or successor index. The adjustment is not effective until the commission notifies the joint budget committee of the adjustment.
(II) (A) For a fee for resident and nonresident licenses described in
subsection (1.4) of this section, the commission may, by rule, adjust the fee by an amount up to the total amount reflected by 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 and all urban consumers, or its successor index.
(B) If the commission adjusts a fee in accordance with subsection
(1.6)(b)(II)(A) of this section, the commission shall base the adjustment on the prices for fees as those prices were established by Senate Bill 18-143, as enacted in 2018, and described in subsection (1.4) of this section.
(C) The fee adjustment described in this subsection (1.6)(b)(II) is not effective
until the commission notifies the joint budget committee of the adjustment.
(c) Repealed.
(1.7) Nothing in this section shall be construed to invalidate any senior
lifetime license previously issued by the division.
(1.8) Repealed.
(1.9) (a) (I) The general assembly hereby finds, determines, and declares that:
(A) Service members returning from post-September 11, 2001, overseas
contingency operations who have been injured during combat face a challenging period of rehabilitation upon their return to the United States;
(B) Many of these service members are so severely injured that they require
medical assistance for many years, or even the rest of their lives, as they reenter mainstream life;
(C) Although the scope of care provided by the United States armed services
wounded warrior programs varies with each service member, based on the needs of the individual, these service members may be assigned, upon return to Colorado, to a medical treatment facility such as Evans army hospital at Fort Carson, Colorado;
(D) Wounded warrior programs are direct efforts by the United States armed
services to care for service members during their long transition from combat-related injury to civilian life and to provide assistance to those service members in recovery, rehabilitation, and reintegration that is worthy of their service and sacrifice; and
(E) For those wounded warriors who suffer injuries so severe that they will
require intense, ongoing care or assistance for many years or the rest of their lives, a significant part of the healing process is enabling and encouraging these service members to experience some of the recreational activities they enjoyed prior to their service-related injuries.
(II) The general assembly therefore recognizes the need to provide
opportunities for Colorado's severely injured wounded warriors to enjoy the natural resources of the state as part of their rehabilitative care. Furthermore, offering reduced-cost or free big game hunting licenses to such recovering service members is a small, but recognizable, acknowledgment of their selfless service and sacrifice.
(b) The commission may promulgate rules to reduce or eliminate big game
license fees and establish a big game hunting license preference for members of the United States armed services wounded warrior programs who are residents of, or stationed in, Colorado and who have been so severely injured that they will require years of intense, ongoing care or assistance.
(c) As used in this subsection (1.9), United States armed services wounded
warrior programs means:
(I) The Army wounded warrior (AW2) program;
(II) The Air Force wounded warrior (AFW2) program;
(III) The Navy safe harbor program;
(IV) The Coast Guard wounded warrior regiment; and
(V) Any successor program administered by a branch of the United States
armed services to provide individualized support for service members who have been severely injured in overseas contingency operations undertaken since September 11, 2001.
(d) The commission may adopt rules to implement this subsection (1.9),
including rules defining severely injured and establishing residency requirements for service members eligible under this subsection (1.9).
(2) Except as otherwise provided in subsection (1.6) of this section, the
division may issue the following special licenses and shall collect the following fees:
Fees
(a) Scientific collecting license for the collection of wildlife species
outside of established seasons and bag limits$ 28.00
(b) Importation license, issued for the purpose of importing wildlife
into the state75.00
(c) Field trial license23.00
(d) Commercial lake license, issued for the operation of privately
owned lakes for purposes of charging customers to fish; live fish or viable
gametes may not be sold or transported from the premises200.00
(e) Private lake license, issued for the operation of privately owned
lakes for the purpose of fishing when no fee is charged; fish or gametes
may not be sold, and live fish or viable gametes may not be transported
from the premises14.00
(f) Commercial wildlife park license, issued for the operation of
privately owned wildlife parks and for related buying, selling, or trading of
lawfully acquired wildlife or for charging customers to hunt at the park150.00
(g) Noncommercial park license, issued to persons who wish to
keep lawfully acquired native birds except raptors as pets28.00
(h) (Deleted by amendment, L. 91, p. 199, � 4, effective June 7, 1991.)
(i) Wildlife sanctuary license150.00
(3) The fee for any license issued by the division for which a fee is not
provided in subsection (1), (1.4), or (2) of this section must not exceed one hundred dollars.
(4) Repealed.
(5) Any person may obtain more than one one-day or five-day fishing license
during a calendar year. The effective date shall appear on every such fishing license. Said date may be the date it is procured or any future date during the fishing season specified by the license.
(6) (a) Moneys received in payment for any licenses issued under this title
shall not be refunded except for proven error committed by the division in issuing licenses or upon the death of a licensee in possession of a big game license if death occurs before the starting date of the season specified on said license or if authorized by the director under rules of the commission.
(b) Repealed.
(7) Any person claiming residency in Colorado as set forth in section 33-1-102, for the purpose of purchasing a resident license of any kind, must produce
evidence of such residency at the time of purchase.
(7.5) The division or a license agent issuing a license on the division's behalf
need not comply with section 24-72.1-103 concerning secure and verifiable identity documents when issuing a license pursuant to this section.
(8) In the event of the loss, theft, or destruction of any wildlife license issued
by the division, the person to whom the license was issued may receive a duplicate license from the division upon payment of a fee of up to fifty percent of the cost of the original license, not to exceed twenty-five dollars, as established by the commission by rule, and completion of an affidavit stating where and by whom the license was issued and the circumstances under which the license was lost, stolen, or destroyed. In the event the division determines that the original license has been lost or destroyed in the mail, the person to whom the license was issued may obtain a duplicate license from the division without charge by submitting to the division a signed affidavit stating that the license was never received.
(8.5) (a) Except for the annual Colorado wildlife habitat stamp, the lifetime
Colorado wildlife stamp, the migratory waterfowl stamp, and the youth small game hunting license, the commission shall, by rule, assess a surcharge in an amount not to exceed one dollar and fifty cents on each license listed in subsections (1) and (1.4) of this section that is sold by the division or one of its license agents pursuant to section 33-4-101. Revenues derived from the assessment of the surcharge, together with any interest earned on the revenues, shall be deposited into the wildlife management public education fund created in section 33-1-112 (3.5)(a).
(b) to (e) (Deleted by amendment, L. 2005, p. 469, � 1, effective January 1,
2006.)
(9) All licenses issued pursuant to this section expire on the date written or
printed thereon, unless otherwise provided by the commission or by any other law.
(10) Repealed.
(11) With respect to licenses that are issued in limited numbers for the taking
of game wildlife, the division may collect from each resident license applicant a nonrefundable processing fee not to exceed ten dollars and from each nonresident license applicant a nonrefundable processing fee not to exceed twenty dollars, which fees the commission shall establish by rule.
(12) (a) A person holding a valid aquaculture facility permit pursuant to
section 35-24.5-109, C.R.S., may charge a fee for fishing at the production facility; no state fishing license is required.
(b) Several satellite stations of a fish production facility may operate under
one aquaculture license provided all such satellite stations are listed on such license.
(13) (a) The commission shall establish a license classification for zoological
parks. Each licensed zoological park shall be subject to the following requirements:
(I) The primary purpose of the park shall be the exhibition of captive wild or
exotic animals for the education of the general public; except that this subparagraph (I) shall not be construed to prohibit the carrying on of reasonable incidental activities such as propagation, purchase, sale, and exchange of animals;
(II) The park shall be operated under the direction of a professional staff that
has generally recognized formal or practical training in the husbandry of the types of animals kept in the park;
(III) The park shall have a state-licensed veterinarian on staff or under
contract with the park and available to provide professional consultation and care when needed;
(IV) The park shall maintain regular hours during which it is open to the
public;
(V) The animals kept at the park shall be confined by at least one fence or
other enclosure surrounding the area in which they are housed or displayed and by at least one additional fence, no less than eight feet in height, surrounding the perimeter of the park.
(b) A licensed zoological park may move animals within Colorado in
connection with the buying, selling, exchanging, or loaning of such animals with another licensed or accredited zoological park or in connection with the export of such animals from Colorado.
(c) No licensed zoological park may import noncervid ruminants or camelids
into Colorado unless, in each such instance, the animal has been subjected to the following process:
(I) Before importation, the animal is tested for tuberculosis and found not to
be infected;
(II) After such test, the animal is imported and held in isolation in an isolation
facility for a continuous period of least sixty days; and
(III) After the end of such isolation period, the animal is again tested for
tuberculosis. If the test result is negative, the animal may then be incorporated into the animal population of the park.
(d) Importation and testing of cervid animals by licensed zoological parks
shall be subject to regulation by the division.
(e) A license issued to a zoological park shall cover the park and also other
property used in conjunction with the park for the selling, buying, brokering, trading, or breeding of or caring for animals used at the park. Animals may be moved between the park and such other property as may be reasonably necessary for the operation of the park.
(f) The annual fee for a zoological park license shall not exceed the annual
fee for a commercial park license.
(g) (I) Except as provided in subparagraph (II) of this paragraph (g), this
subsection (13) does not apply to any zoological park that is accredited by the American zoo and aquarium association. Any intrastate transfer and movement of wildlife by a zoological park accredited by the American zoo and aquarium association to another zoological park accredited by the American zoo and aquarium association is not subject to the rules of the commission regarding movement and disease testing.
(II) Any intrastate transfer and movement of wildlife by a zoological park
accredited by the American zoo and aquarium association to any person or entity not accredited by the American zoo and aquarium association is subject to the rules of the commission regarding movement and disease testing.
(14) (a) The commission shall establish a license classification for wildlife
sanctuaries. Each license for a wildlife sanctuary shall be subject to the following requirements:
(I) The purpose of the wildlife sanctuary shall be to operate as a place of
refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wildlife are provided care for their lifetime;
(II) The wildlife sanctuary shall be operated under the direction of a
professional staff that has generally-recognized formal or practical training in the husbandry of the types of wildlife kept at the sanctuary; and
(III) The wildlife sanctuary shall have a state-licensed veterinarian on staff or
under contract with the sanctuary and available to provide professional consultation and care when needed.
(b) An application for a license for a wildlife sanctuary shall include the
following:
(I) The name, complete street address, mailing address if different from the
street address, and telephone number of the facility;
(II) Evidence of the wildlife sanctuary's status under section 501 (c)(3) of the
federal Internal Revenue Code;
(III) The specific location where wildlife is housed;
(IV) The current wildlife inventory, including the common and scientific
name, gender, age, and origin of each animal; and
(V) A signed statement by a licensed veterinarian stating the veterinarian is
the veterinarian of record for the applicant and the veterinarian's complete address, telephone number, and license number. The veterinarian shall certify that the veterinarian has observed each of the applicant's animals at least once during the previous three months and that the wildlife have been appropriately immunized and cared for.
(c) Repealed.
(15) Notwithstanding any provision of this article to the contrary, revenue
generated from the fees increased by House Bill 05-1266, enacted at the first regular session of the sixty-fifth general assembly, shall be used to implement key priorities in the commission's strategic plan.
Source: L. 69: R&RE, p. 435, � 1. C.R.S. 1963: � 62-11-2. L. 72: p. 333, � 30. L.
75: Entire section R&RE, p. 1317, � 1, effective July 14. L. 77: (1)(g) and (1)(h) amended, p. 1541, � 2, effective January 1, 1978. L. 79: (1)(s) and (2) amended and (4) added, p. 1236, � 1, effective January 1, 1980. L. 82: (1)(s) and (2) RC&RE, p. 518, � 1, effective March 11. L. 83: Entire section R&RE, p. 1287, � 1, effective January 1, 1984. L. 84: (4) and (7) amended and (10) repealed, pp. 920, 925, �� 4, 19, effective January 1, 1985. L. 87: (11) added, p. 1268, � 1, effective January 1, 1988. L. 89: (1.1) to (1.8) added and (5) and (8) amended, pp. 1343, 1345, �� 4, 5, effective July 1; (1)(x) added, p. 1347, � 1, effective February 1, 1990. L. 90: (2)(d) and (2)(e) amended and (2)(h) and (12) added, p. 1530, �� 1, 2, effective January 1, 1991. L. 91: (6) amended, p. 1412, � 1, effective April 4; (4) repealed, p. 1920, � 47, effective June 1; (2)(h) and (12)(a) amended, p. 199, � 4, effective June 7. Initiated 92: (1)(n) repealed, effective January 14, 1993. L. 93: (1.4)(v) added, p. 431, � 2, effective April 19. L. 94: (1.4)(i) amended and (1.4)(w) and (1.4)(x) added, p. 1220, � 3, effective May 22; (1.4)(n) repealed, p. 1644, � 73, effective May 31; (1.6)(c) and (13) added and (6)(a) amended, pp. 1578, 1579, �� 4, 5, effective May 31. L. 95: (13)(b) amended and (13)(g) added, p. 17, � 1, effective March 9. L. 97: (1.4)(v) amended, p. 766, � 1, effective May 1. L. 98: IP(1), (1.5), (1.6), and IP(2) amended, p. 1338, � 57, effective June 1. L. 99: (8.5) added, p. 1396, � 3, effective June 4. L. 2000: (1.4)(l), (1.4)(m), (1.4)(o) to (1.4)(t), (1.4)(w), and (1.6) amended, p. 1405, � 1, effective May 30. L. 2001: IP(1.6)(a) and (1.6)(a)(II) amended, p. 40, � 1, effective March 11. L. 2003: IP(1.4) and (1.4)(x) amended, p. 1031, � 8, effective July 1. L. 2004: (2)(i) and (14) added, p. 1324, �� 4, 5, effective August 4. L. 2005: (1)(v), (1)(w), (1.4), (1.5), (1.6)(b), (3), and (8.5) amended and (1)(y) and (15) added, pp. 469, 472, �� 1, 2, effective January 1, 2006; (1.4)(v)(I) amended, p. 780, � 68, effective January 1, 2006. L. 2009: (1.4)(y) amended and (1.6)(c) added, (SB 09-235), ch. 388, p. 2097, �� 4, 3, effective July 1, 2010; (1.4)(z) and (1.4)(aa) amended, (SB 09-235), ch. 388, p. 2096, �� 2, 1, effective April 1, 2011. L. 2010: (1.9) added, (SB 10-211), ch. 292, p. 1354, � 1, effective May 26; (6)(b) repealed, (HB 10-1422), ch. 419, p. 2120, � 169, effective August 11. L. 2012: (9) amended, (HB 12-1317), ch. 248, p. 1208, � 19, effective June 4. L. 2013: (1.6)(c) repealed, (SB 13-175), ch. 243, p. 1175, � 3, effective May 18. L. 2018: (1.6)(b) amended, (HB 18-1375), ch. 274, p. 1717, � 69, effective May 29; (1), (1.4), (1.6)(a), (1.6)(b), (2), (3), (8), (8.5)(a), and (11) amended, (1.5) RC&RE, and (1.8) and (14)(c) repealed, (SB 18-143), ch. 207, p. 1328, � 6, effective August 8. L. 2020: (7.5) added, (HB 20-1087), ch. 49, p. 167, � 3, effective March 20. L. 2024: (1.4)(e), (1.4)(v)(I), (1.4)(w), (1.4)(x), and (1.6)(b) amended and (1.5)(c) added, (SB 24-161), ch. 150, p. 606, � 2, effective August 7. L. 2025: (1.4)(cc) added, (SB 25-053), ch. 223, p. 1023, � 3, effective January 1, 2026.
Editor's note: (1) This section is similar to former � 33-4-106 as it existed
prior to 1984.
(2) (a) In 1992, an initiated measure prohibiting the taking of black bears
from March 1 to September 1 passed. Although the initiated measure repealed subsection (1)(n), the fee for spring bear hunting was contained in subsection (1.2)(n) until January 1, 1991, and in subsection (1.4)(n) beginning January 1, 1991. Subsection (1.4)(n) was subsequently repealed by Senate Bill 94-206 to carry out the intent of the initiated measure.
(b) The vote count for the measure at the general election held November 3,
1992, was as follows:
FOR: 1,054,032
AGAINST: 458,260
(3) (a) Subsection (4) provided for the repeal of subsections (1)(s) and (2),
effective January 1, 1982. (See L. 79, p. 1236.)
(b) Subsection (1.1) provided for the repeal of subsections (1)(a) to (1)(p), (1)(r)
to (1)(u), and (1.1), effective January 1, 1990. (See L. 89, p. 1343.)
(c) Subsection (1.3) provided for the repeal of subsections (1.2) and (1.3),
effective January 1, 1991. (See L. 89, p. 1343.)
(d) Subsection (1)(x)(II) provided for the repeal of subsection (1)(x), effective
July 1, 1994. (See L. 89, p. 1347.)
(e) Subsection (1.4)(y)(II) provided for the repeal of subsection (1.4)(y),
effective July 1, 2010. (See L. 2009, p. 2097.)
(4) Amendments to subsection (1.4)(v) by House Bill 05-1266 and House Bill
05-1337 were harmonized.
(5) Amendments to subsection (1.6)(b) by SB 18-143 and HB 18-1375 were
harmonized.
Cross references: (1) For the legislative declaration contained in the 1994
act amending subsection (1.4)(i) and enacting subsections (1.4)(w) and (1.4)(x), see section 1 of chapter 209, Session Laws of Colorado 1994.
(2) For the short title (Hunting, Fishing, and Parks for Future Generations
Act) and the legislative declaration in SB 18-143, see sections 1 and 2 of chapter 207, Session Laws of Colorado 2018.
(3) For the legislative declaration in SB 25-053, see section 1 of chapter 223,
Session Laws of Colorado 2025.
C.R.S. § 33-4-103
33-4-103. Landowner preference for hunting license - legislative declaration - rules. (1) Legislative declaration. (a) The general assembly hereby finds, determines, and declares that the wildlife resources of the state are in danger of decline from increasing population pressures and the loss of wildlife habitat. In order to encourage private landowners to provide habitat that increases wildlife populations for the benefit of all hunters, discourage the harboring of game animals on private lands during public hunting seasons, and relieve hunting pressure on public lands by increasing game hunting on private lands, the general assembly finds that it is necessary to provide an incentive-based system to landowners to provide habitat for wildlife through a hunting license allocation program that allows hunters access to the state's wildlife under the cooperative control of the private landowner.
(b) The landowner preference program is designed to encourage hunter
access to private land by enabling landowners to apply for licenses using applications based upon land ownership and wildlife benefit.
(2) Eligibility. (a) A landowner who is an owner, as shown by a recorded
deed, of a parcel of agricultural land of one hundred sixty acres or more and whose land meets the following requirements is eligible for the landowner preference program, also referred to in this section as the program. The land must:
(I) Be inhabited by the species being applied for in significant numbers
throughout the year or in substantial numbers for shorter times;
(II) Provide for the species being applied for wintering habitat, transitional
habitat, calving areas, solitude areas, migration corridors, or an important food source; and
(III) Have a history of game damage or a huntable population of the species
being applied for.
(b) For owners of one hundred sixty to six hundred thirty-nine acres, the
division shall verify the size of the property and that the property meets the eligibility requirements of this subsection (2) before issuing the applications under subsection (3) of this section.
(c) Owners of properties registered under the wildlife conservation
application program that existed prior to July 1, 2013, remain eligible to participate in the program until the earlier of:
(I) July 1, 2016;
(II) The date when the ownership of the property is transferred to a person
who is not within the immediate family of the owner; or
(III) The date when the owner of land no longer is in compliance with this
section or any rule promulgated under this section.
(3) Applications - availability. (a) After determining a landowner is eligible
and in compliance with this section, the division shall issue the landowner applications for licenses permitting the hunting of deer, elk, pronghorn, and such other species, except for moose, rocky mountain big horn sheep, desert big horn sheep, and rocky mountain goat, that meet the commission's animal management objectives for the game management unit where the property lies, in an amount determined by this subsection (3).
(b) (I) In game management units west of interstate highway 25:
(A) Ten percent of the number of licenses established for each management
area where firearm hunting licenses are totally limited are available for eligible landowners; and
(B) An additional ten percent of the number of licenses established for each
management area where firearm hunting licenses are totally limited are available for eligible landowners if these licenses are restricted to use on private land in the designated management area.
(II) In game management units east of interstate highway 25:
(A) Fifteen percent of the number of licenses established for each
management area where firearm hunting licenses are totally limited are available for eligible landowners; and
(B) An additional ten percent of the number of licenses established for each
management area where firearm hunting licenses are totally limited are made available for eligible landowners if these licenses are restricted to use on private land by the applicant's immediate family members or youth under eighteen years of age.
(III) The division shall make licenses not used by eligible landowners
available to the general public.
(c) (I) The applications available under this subsection (3) are allocated to a
participant based upon the following schedule:
(A) For owners of one hundred sixty to one thousand two hundred thirty-nine
acres, one application;
(B) For owners of six hundred forty to one thousand two hundred thirty-nine
acres, an additional application for a license restricted to private land if the division has verified that the land meets the conditions required for eligibility under paragraph (a) of subsection (2) of this section; and
(C) For owners of one thousand two hundred forty or more acres, one
additional application for each additional six hundred acres more than one thousand two hundred forty acres, not to exceed nineteen applications or the limit imposed by subparagraph (II) of this paragraph (c).
(II) Landowners may obtain more than eight applications only if the division
has verified that the land is the size reported by the landowner and meets the conditions required for eligibility under paragraph (a) of subsection (2) of this section.
(4) Requirements - vouchers. In addition to the limitation on the number of
applications available under the program, the program has the following additional requirements and authorizations:
(a) Successful applicants receive a voucher that may be transferred to any
person who is eligible for a big game license for that species, to be used for the purchase of a license to be used only within the applicant's game management unit for that species and in accordance with any restrictions imposed by this section.
(b) The transfer of a license voucher by a landowner must include permission
to access and hunt the lands yielding the license under the program during the entire season that the license is issued. The permission must not discriminate among hunters entering the property or contain restrictions other than manner of access, including foot, horseback, or vehicular restrictions reasonably necessary to prevent damage to property.
(c) Except as authorized by paragraph (a) of this subsection (4), a voucher
that has been transferred by any person who is not the landowner or land manager is void. A voucher that is brokered for another person is void. A hunting license obtained for use with a void voucher is also void.
(d) If a landowner submits one or more applications that fail to yield a
license, the division shall give a preference in succeeding years to one application of that landowner for each application of the same landowner that failed to yield a license.
(e) (I) In game management units where hunting is totally limited for a
species, and where eligible landowners do not use the number of landowner preference licenses established for a species for that management area, the division shall make the unused licenses available to private landowners in that particular game management unit or data analysis unit as a first priority before making them available to the general public hunter.
(II) A landowner may receive no more than three times the number of leftover
applications than the number of initial applications authorized under paragraph (c) of subsection (3) of this section.
(f) If a landowner or hunter fails to comply with this section or any rule
promulgated under this section, the division may disqualify the person from participation in the program for up to five years.
(5) The commission shall adopt rules to implement this section prior to July 1,
2014.
Source: L. 69: R&RE, p. 436, � 1. C.R.S. 1963: � 62-11-3. L. 72: p. 333, � 31. L.
75: Entire section amended, p. 1307, � 8, effective July 14. L. 84: Entire section R&RE, p. 920, � 5, effective January 1, 1985. L. 2000: (3) added, p. 1590, � 1, effective June 1. L. 2005: IP(1) and (3)(c)(I) amended, p. 475, � 7, effective January 1, 2006. L. 2008: (3)(d)(I) amended, p. 535, � 2, effective August 5. L. 2013: Entire section amended, (SB 13-188), ch. 244, p. 1177, � 1, effective August 7.
Editor's note: This section is similar to former � 33-4-105.5 as it existed prior
to 1984.
Cross references: For the legislative declaration contained in the 2008 act
amending subsection (3)(d)(I), see section 1 of chapter 158, Session Laws of Colorado 2008.
C.R.S. § 34-33-110
34-33-110. Application for permit. (1) Any person desiring to obtain a permit to perform surface coal mining and reclamation operations shall make written application therefor to the office on forms approved by the board. Each application shall be submitted pursuant to the provisions of this article and shall be accompanied by a fee of twenty-five dollars, plus ten dollars for each acre of affected land; except that such fee shall not exceed two thousand five hundred dollars and shall not exceed the actual or anticipated cost of reviewing, administering, and enforcing such permit issued pursuant to this article. The board shall develop procedures so as to enable the cost of the fee to be paid over the term of the permit. All fees collected under the provisions of this article shall be deposited in the general fund.
(2) The permit application shall include the following:
(a) The name of the applicant and the address and telephone number of the
general office and the local office of the applicant;
(b) The names and addresses of:
(I) Every legal owner of record of the property (surface and mineral) to be
mined;
(II) The holders of record of any leasehold interests in the property;
(III) Any purchaser of record of the property under a real estate contract;
(IV) The operator, if he is a person different from the applicant;
(V) The owners of record of all surface and subsurface property interests
adjacent to any part of the permit area;
(c) If any of the entities described in paragraph (a) or (b) of this subsection (2)
are business entities other than a single proprietor, the names and addresses of the principals, officers, and resident agent;
(d) A statement of any current or previous surface coal mining permits held
by the applicant for operations in the United States and the permit identification in each pending application;
(e) If the applicant is a partnership, corporation, association, or other
business entity, where applicable, the names and addresses of every officer, partner, director, or person performing a function similar to a director, of the applicant, together with the name and address of any person owning of record ten percent or more of any class of voting stock of the applicant and a list of all names under which the applicant, partner, or principal shareholder previously operated a surface coal mining operation in the United States within the five-year period preceding the date of submission of the application;
(f) A statement of whether the applicant or any subsidiary, affiliate, or
person controlled by or under common control with the applicant has ever held any federal or state mining permit for surface coal mining operations which, in the five-year period prior to the date of submission of the application, has been suspended or revoked or has had a mining bond or similar security deposited in lieu of bond forfeited and, if so, a brief explanation of the facts involved;
(g) A copy of the applicant's notification to be published in a newspaper of
general circulation in the locality of the proposed site at least once a week for four successive weeks, which notification shall include the names of every legal owner of record of property (surface and mineral) in the proposed site, a description of the exact location and boundaries of the proposed site sufficient so that the proposed operation is readily locatable by local residents, and the location at which the application is available for public inspection;
(h) A description of the type and method of surface coal mining operation
that exists or is proposed, the engineering techniques used or proposed, and the equipment used or proposed;
(i) The anticipated or actual starting and termination dates of each phase of
the surface coal mining operation and the number of acres of land to be affected;
(j) An accurate map or plan, of an appropriate scale, clearly showing the land
to be affected as of the date of the application and the area of land within the permit area upon which the applicant has the legal right to enter and commence surface coal mining operations and a statement of those documents upon which the applicant bases such legal right to enter and commence surface coal mining operations on the area affected and whether that right is the subject of pending court litigation; except that nothing in this article shall be construed as vesting in the board or office the jurisdiction to adjudicate property rights disputes;
(k) The name of the watershed and location of the surface stream or
tributary into which surface and pit drainage will be discharged;
(l) A determination of the probable hydrologic consequences of the surface
coal mining and reclamation operations, both on and off the mine site, with respect to the hydrologic regime and the quantity and quality of water in surface and groundwater systems, including the dissolved and suspended solids under seasonal flow conditions and the collection of sufficient data for the mine site and surrounding areas, so that an assessment can be made by the office of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and particularly upon water availability;
(m) When requested by the office, the climatological factors that are unique
to the locality of the land to be affected, including the average seasonal precipitation, the average direction and velocity of prevailing winds, and the seasonal temperature ranges;
(n) Accurate maps or plans, of an appropriate scale, clearly showing the land
to be affected as of the date of application and all types of information set forth on topographical maps of the United States geological survey of a scale of one to twenty-four thousand or one to twenty-five thousand or larger, including all manmade features and significant known archeological sites existing on the date of application. Such maps or plans shall show, among other things specified by the office, all boundaries of the land to be affected, the boundary lines and names of present owners of record of all surface areas abutting the permit area, and the location of all buildings within one thousand feet of the permit area.
(o) Cross sections, maps, or plans of the land to be affected, including the
actual area to be mined, prepared by or under the direction of and certified by a qualified licensed professional engineer or professional geologist, showing pertinent elevation and location of test borings or core samplings and depicting the following: The nature and depth of the various strata of overburden; the location of subsurface water, if encountered, and its quality; the nature and thickness of any coal or rider seam above the coal seam to be mined; the nature of the stratum immediately beneath the coal seam to be mined; all coal crop lines and the strike and dip of the coal to be mined, within the area of land to be affected; existing or previous surface mining limits; the location and extent of known workings of any underground mines, including mine openings to the surface; the location of aquifers; the estimated elevation of the water table; the location of spoil, waste, or refuse areas and topsoil preservation areas; the location of all impoundments for waste or erosion control; the location of any settling or water treatment facility; the location of constructed or natural drainways and the location of any discharges to any surface body of water on the area of land to be affected or adjacent thereto; and profiles at appropriate cross sections of the anticipated final surface configuration that will be achieved pursuant to the operator's proposed reclamation plan;
(p) A statement of the result of test borings or core samplings from the
permit area, including logs of the drill holes; the thickness of the coal seam; and an analysis of the chemical and physical properties, including sulphur content, of such coal; a chemical analysis of potentially acid-forming or toxic-forming sections of the overburden; and a chemical analysis of the stratum lying immediately underneath the coal to be mined; except that the provisions of this paragraph (p) may be waived by the board or office with respect to the specific application by a written determination that such requirements are unnecessary; and
(q) For those lands in the permit application which a reconnaissance
inspection suggests may be prime farmlands, a soil survey made or obtained according to standards established by the secretary of the United States department of agriculture in order to confirm the exact location of such prime farmlands, if any.
(3) Each applicant shall be required to submit to the office as part of the
permit application a reclamation plan which shall meet the requirements of this article.
(4) Each applicant shall file a copy of the application for public inspection
with the county clerk and recorder of the county where the surface coal mining operations are proposed to occur, or any other public office, subject to regulations issued by the board, except for that information pertaining to the coal seam itself.
(5) Each applicant shall be required to submit to the office as part of the
permit application evidence that the applicant has satisfied other state or federal self-insurance requirements or a certificate issued by an insurance company authorized to do business in the United States certifying that the applicant has a public liability insurance policy in force for the surface coal mining and reclamation operations for which such permit is sought. Such policy shall provide for personal injury and property damage protection in an amount adequate to compensate any persons damaged as a result of surface coal mining and reclamation operations, including use of explosives, and entitled to compensation under the applicable provisions of state law. Such policy shall be maintained in full force and effect during the term of the permit or any renewal, including the term of all reclamation operations.
(6) Each applicant shall submit to the office as part of the permit application
a blasting plan which shall outline the procedures and standards by which the operator will meet the provisions of section 34-33-120 (2)(o).
(7) Information pertaining to coal seams, test borings, core samplings, or soil
samples as required by this section shall be made available to any person with an interest which is or may be adversely affected; except that information which pertains to the quantity of coal or the analysis of the chemical and physical properties of the coal (excepting that information which the office reasonably believes to concern a mineral or elemental content which is potentially toxic in the environment) shall be kept confidential and not made a matter of public record.
(8) The permit application, including the reclamation plan, shall contain such
other information, in addition to that required by this section or by section 34-33-111, or regulations promulgated thereunder, as the office deems necessary; except that requests by the office for such additional information shall be based upon good cause shown in terms of site specific needs and shall bear a reasonable relationship to the purposes and provisions of this article. Any applicant or operator shall have the right, at any regular meeting of the board, upon proper notice, to seek the informal opinion of the board concerning any information request or requirement made by the office in connection with the permit application or reclamation plan contained therein, and such informal opinion shall not be binding on any of the parties.
Source: L. 79: Entire article added, p. 1261, � 1, effective July 1. L. 92: (4)
amended, p. 1895, � 2, effective May 29; (1), (2)(j), (2)(l), (2)(m), (2)(n), (2)(p), (3), and (5) to (8) amended, p. 1947, � 53, effective July 1. L. 2004: (2)(o) amended, p. 1314, � 67, effective May 28.
C.R.S. § 34-42-101
34-42-101. Mining district records - filed. A copy of all the records, laws, and proceedings of each mining district, insofar as they relate to lode claims, shall be filed in the office of the county clerk and recorder of the county in which the district is situated, within the boundaries of the mining district attached to the same, which shall be taken as evidence in any court having jurisdiction in the matters contained in such record or proceeding. All such records of deeds and conveyances, laws, and proceedings of any mining district filed in the county clerk and recorder's office of the proper county prior to November 7, 1861, and transcripts thereof duly certified, whether such records relate to gulch claims, lode claims, building lots, or other real estate, shall have the like effect as evidence.
Source: R.S. p. 466, � 11. G.L. � 1807. G.S. � 2396. R.S. 08: � 4258. C.L. �
- CSA: C. 110, � 274. CRS 53: � 92-21-1. C.R.S. 1963: � 92-21-1.
C.R.S. § 34-49-104
34-49-104. Plat certified and recorded. The plat, having been completed, shall be certified by the surveyor and acknowledged by him before a notary public or other officer authorized to take acknowledgments of deeds. The certificate of the surveyor and of acknowledgments, together with the plat, shall be recorded in the office of the county clerk and recorder in and for the county in which the land is situated, in the same manner as a deed of real estate is recorded. The acknowledgment and recording shall have like legal effect, and certified copies thereof and of such plat may be used in evidence to the same extent and with like effect, as in case of deeds.
Source: L. 17: p. 377, � 3. C.L. � 3303. CSA: C. 110, � 196. CRS 53: � 92-25-4.
C.R.S. 1963: � 92-25-4.
C.R.S. § 34-54-103
34-54-103. Signed memorandum. It is unlawful for any person, whether acting for himself or as agent for another, to deliver any of the property specified in section 34-54-102 of the value of ten dollars or more, to any other person as agent, broker, or bailee, unless he, at the time of such delivery, delivers to such agent, broker, or vendor a memorandum signed with his true name in which he shall state the date of the transaction, his residence, the nature and quantity of the property delivered, the source from which he obtained such property, and the purpose for which the delivery is made.
Source: L. 17: p. 402, � 2. C.L. � 3377. CSA: C. 110, � 269. CRS 53: � 92-31-2.
C.R.S. 1963: � 92-31-2.
C.R.S. § 35-1-104
35-1-104. Functions, powers, and duties - rules. (1) The department has and shall exercise the following functions, powers, and duties:
(a) To inquire into the needs of agriculture of the state and make appropriate
recommendations to the governor and the general assembly, except as to functions specifically assigned under state law to other state agencies;
(b) To perform all regulatory and inspection services relating to agriculture,
except agricultural education and research and those regulatory functions relating primarily to the control of milk or milk products or assigned by law to other state agencies;
(c) To make investigations, conduct hearings, and make recommendations
concerning all matters as related to the powers, duties, and functions as provided in this article;
(d) To cooperate with the United States department of agriculture in getting
and disseminating production statistics, market and trade information concerning demand, supply, prevailing prices, and commercial movements of agricultural products and extent of products in storage, and cooperate with any other state or federal agency which in any manner may be helpful to agriculture;
(e) To annually fix such inspection and license fees and service charges
within maximum limits provided by law as may be necessary to pay the cost of service performed and reasonable reserves for contingencies, including cost of depository, accounting, disbursement, auditing, and rental of quarters and facilities furnished by the state;
(f) To foster and encourage the standardizing, grading, inspection, labeling,
handling, storage, and marketing of agricultural products and, after investigation and public hearings thereon, acting in cooperation with the United States department of agriculture, to establish and promulgate standard grades and other standard classifications of and for agricultural products, except milk or milk products;
(g) To extend in every practicable way the distribution and sale of Colorado
agricultural products throughout the markets of the world;
(h) To promote, in the interest of the producer, the distributor, and the
consumer, the economical and efficient distribution of agricultural products of this state and to that end cooperate with the department of commerce of the United States and any other department or agency of the federal government;
(h.5) To promote, within existing appropriations, farmers' markets located
within the state, including support or development of farmers' market organizations and working groups and the provision of education, outreach, and other assistance;
(i) To obtain and furnish information relating to the selection of shipping
routes, adoption of shipping methods, or avoidance of delays in the transportation of agricultural products or helpful in the solution of other transportation problems connected with the distribution of agricultural products;
(j) To act as adviser to producers and distributors, when requested, and to
assist them in the economical and efficient distribution of their agricultural product;
(k) To foster and encourage cooperation between producers and distributors
in the interest of the general public;
(l) To act as a mediator or arbitrator in any controversy or issue that may
arise between producers and distributors of any agricultural products concerning the grade or classification of such products;
(m) To determine for the protection of owners, buyers, creditors, or other
interested parties the validity of warehouse receipts for any such products by verifying quantities, grade, and classification thereof;
(n) To enforce the state laws or regulations relating to fruit and vegetable
inspection and grading; spray residue inspection and removal; the registration, inspection, and analysis of commercial feeding stuffs; the licensing of commission merchants, produce dealers, brokers, and agents handling agricultural products; the inspection and grading of poultry and eggs; the inspection of warehouses and frozen food locker plants; the inspection of commercial fertilizers; the control of plant and insect pests and diseases; the control and eradication of noxious and poisonous weeds; the inspection and sale of seeds; the control of contagious and infectious livestock diseases; and all other regulatory laws relating to agriculture;
(o) To inspect any nursery, orchard, farm, garden, park, cemetery,
greenhouse, or any private or public place which may become infested or infected with harmful insects, plant diseases, noxious or poisonous weeds, or other agricultural pests; to establish and enforce quarantines; to issue and enforce orders and regulations for the control and eradication of said pests, wherever they may exist within the state; to perform such other duties relating to plants and plant products as may seem advisable and not contrary to law; and to inspect apiaries for diseases inimical to bees and beekeeping and enforce the laws relating thereto;
(p) to (t) Repealed.
(u) To license and inspect locker plants and enforce standards of
construction and operation;
(v) To offer and award suitable premiums on livestock at the national
western stock show;
(w) To take charge of the exhibition of Colorado agricultural products at
international or national expositions;
(x) To cooperate with the United States department of agriculture or any
other federal agency in control and eradication activities and programs involving predatory animals and rodent pests, plant diseases and insect pests, and noxious and poisonous weeds and to cooperate in the enforcement of the provisions of the federal seed act governing the movement of seeds in interstate commerce;
(y) To serve as the state agency to carry out the policies and purposes of the
Colorado Agricultural Conservation and Adjustment Act and to promote and administer state plans for the same;
(z) Repealed.
(aa) On approval of the governor, to coordinate the management and
operation of farms of state institutions and the exchange of agricultural products and equipment between state institutions;
(aa.1) To promulgate rules to specify the varieties of rapeseed, also known as
canola, produced in the state and the geographical locations where each variety may be produced or stored, to establish districts and require registration of fields producing rapeseed with the appropriate district, and to enforce the provisions of this paragraph (aa.1) by requiring a producer to take appropriate action necessary to prevent cross-pollination, establishing reasonable penalties or costs or both, and determining and collecting the actual costs to be recovered from the producers to offset the cash funds expended for services performed by the department in the administration of this paragraph (aa.1);
(aa.2) To promulgate rules specifying the class of strawberries allowed for
production of nursery stock in the state and the geographical locations where each class may be produced, establishing districts and requiring registration of fields producing strawberries with the appropriate district, and enforcing the provisions of this paragraph (aa.2) by requiring a producer to take appropriate actions necessary to prevent the introduction of diseases and pests, establishing reasonable penalties or costs or both, and determining and collecting the actual costs to be recovered from the producers to offset the cash funds expended for services performed by the department in the administration of this paragraph (aa.2);
(aa.3) To identify agricultural management areas in the state and to develop
best management practices pursuant to section 25-8-205.5 (3), C.R.S., and to assist the commissioner in the promulgation of any rules and regulations authorized pursuant to said section;
(bb) Such other and additional functions, powers, and duties as may be
provided by law;
(cc) To solicit grants, donations, and gifts for the purpose of funding noxious
weed management projects, as described in section 35-5.5-116. Such moneys shall be transferred to the state treasurer, who shall credit the same to the noxious weed management fund.
(dd) For each division, section, program, or established funding source of the
department, to solicit, receive, and spend grants, donations, and gifts. Such moneys shall be transmitted to the state treasurer, who shall credit the same to the particular cash fund or established funding source deemed most appropriate by the department.
(ee) and (ff) Repealed.
(gg) To promote domestic animal welfare, including providing education and
outreach, creating voluntary programs, and awarding grants. Prior to creating a voluntary program or awarding grants pursuant to this subsection (1)(gg), the department shall conduct a stakeholder process to receive input from those interested in the proposed program or grant and receive approval from the commission.
(2) Whenever any law provides for issuance or renewal by the department of
any license, permit, certificate, registration, or other form of authorization and such law provides for specific dates for the issuance, renewal, or expiration of the same, notwithstanding the provisions of any such laws, and in order to promote efficiency and avoid duplication of effort, the department may, by rule and regulation, establish dates for such issuance, renewal, or expiration different from those established by law; but in no case shall the department change the duration or period of time during which any license, permit, certificate, registration, or other form of authorization may be valid or effective as established by law, unless otherwise provided.
(3) Whenever a specific law provides for the renewal by the department of
any license previously issued and provides a license renewal fee to be paid by the applicant therefor, upon the issuance of any such renewal license after the applicable renewal date, the applicant shall pay in addition to the renewal fee a penalty in an amount equal to the said renewal fee, but not to exceed twenty-five dollars. The provisions of this subsection (3) shall not apply to articles 14 and 21 of this title 35, nor to any other specific law that provides for a penalty for the issuance of a license, permit, or registration after the applicable renewal date.
(4) To the extent its costs are repaid by gifts, grants, or donations received
pursuant to section 35-1-107 (6), and only to that extent, the department may provide educational programs and materials regarding any activity regulated under articles 12, 13, 14, 21, 33, 36, and 60 of this title 35.
Source: L. 49: p. 186, � 4. CSA: C. 5, � 13(6). CRS 53: � 6-1-4. C.R.S. 1963: � 6-1-4. L. 69: pp. 107, 108, �� 1, 3. L. 73: p. 193, � 1. L. 82: (1)(z) repealed, p. 537, � 15,
effective January 1, 1983. L. 85: (1)(b), (1)(f), and (1)(n) amended and (1)(p) to (1)(t) repealed, pp. 901, 902, �� 3, 4, effective April 5. L. 87: (1)(aa.1) added, p. 1276, � 1, effective May 28. L. 90: (1)(aa.3) added, p. 1334, � 5, effective July 1. L. 96: (1)(cc) added, p. 763, � 2, effective May 23. L. 2003: (4) added, p. 1723, � 1, effective May 14. L. 2004: (1)(aa.2) added, p. 1049, � 1, effective August 4. L. 2006: (1)(dd) added, p. 17, � 1, effective March 6. L. 2007: (1)(ee) added, p. 1228, � 2, effective August 3. L. 2012: (1)(h.5) added, (SB 12-048), ch. 16, p. 44, � 6, effective March 15. L. 2017: (1)(ee) repealed, (SB 17-294), ch. 264, p. 1414, � 106, effective May 25; (4) amended, (SB 17-225), ch. 262, p. 1246, � 7, effective August 9. L. 2018: (3) amended, (HB 18-1375), ch. 274, p. 1717, � 71, effective May 29. L. 2019: (1)(b) amended, (HB 19-1114), ch. 74, p. 270, � 1, effective August 2. L. 2020: (4) amended, (HB 20-1213), ch. 160, p. 754, � 7, effective June 29. L. 2021: (1)(ff) added, (SB 21-235), ch. 232, p. 1228, � 2, effective June 15. L. 2024: (1)(gg) added, (HB 24-1458), ch. 288, p. 1929, � 3, effective August 7.
Editor's note: Subsection (1)(ff)(IV) provided for the repeal of subsection
(1)(ff), effective December 31, 2022. (See L. 2021, p. 1228.)
Cross references: (1) For rule-making and licensing procedures, see article 4
of title 24; for the Colorado Agricultural Conservation and Adjustment Act, see article 3 of this title 35; for the noxious weed management fund, see � 35-5.5-116; for the Federal Seed Act, see 7 U.S.C. � 1551 et seq.
(2) For the legislative declaration in the 2012 act adding subsection (1)(h.5),
see section 1 of chapter 16, Session Laws of Colorado 2012. For the legislative declaration in SB 21-235, see section 1 of chapter 232, Session Laws of Colorado 2021.
C.R.S. § 35-23-116
35-23-116. Penalty. Any person, firm, corporation, or other organization that violates any of the provisions of this article 23 or willfully interferes with the commissioner or the commissioner's deputies, inspectors, or employees in the performance or on account of the execution of the commissioner's duties as provided by this article 23 commits a petty offense. In addition to the criminal penalty, any person convicted under this article 23 shall be punished by the revoking of the person's license by the commissioner.
Source: L. 31: p. 397, � 41. CSA: C. 69, � 101. CRS 53: � 7-6-41. C.R.S. 1963: �
7-5-41. L. 2021: Entire section amended, (SB 21-271), ch. 462, p. 3278, � 622, effective March 1, 2022.
ARTICLE 23.5
Controlled Atmosphere Storage of Apples
35-23.5-101. Short title. This article shall be known and may be cited as the
Controlled Atmosphere Storage of Apples Act.
Source: L. 77: Entire article added, p. 1599, � 1, effective May 24.
35-23.5-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) Commissioner means the commissioner of agriculture.
(2) Controlled atmosphere storage means the storage of apples under
conditions which comply with the provisions of this article and the rules and regulations adopted pursuant to the provisions of this article.
Source: L. 77: Entire article added, p. 1599, � 1, effective May 24.
35-23.5-103. Voluntary inspection of facility - rules - fee. The
commissioner may inspect a controlled atmosphere storage facility upon request by the operator or under conditions set forth in rules adopted by the commissioner pursuant to sections 24-4-103, C.R.S., and 35-23.5-104. The commissioner may fix, assess, and collect fees in amounts that cover actual costs associated with inspection and the issuance of certificates of inspection.
Source: L. 77: Entire article added, p. 1599, � 1, effective May 24. L. 95: Entire
section amended, p. 705, � 23, effective May 23.
35-23.5-104. Commissioner to develop rules. The commissioner shall
develop reasonable rules concerning the voluntary inspection of apples stored pursuant to this article and the controlled atmosphere storage of apples, including, among other factors, the following: Storage facility regulations; record keeping and reports; length of storage time, including the maximum time allowed to reach prescribed atmospheric conditions of temperature, oxygen, and carbon dioxide; quality regulations; and labeling and marketing.
Source: L. 77: Entire article added, p. 1600, � 1, effective May 24. L. 95: Entire
section amended, p. 705, � 24, effective May 23.
35-23.5-105. Storage in another state. (1) When apples have been grown
and stored in another state which has laws governing controlled atmosphere storage of apples similar to the provisions in effect in this state, and the apples have been stored in compliance with those provisions, such apples may be represented as having been exposed to controlled atmosphere storage when sold in this state if the state in which they were stored permits apples which are stored in this state and in compliance with the laws of this state to be represented as having been exposed to controlled atmosphere storage when sold in that state.
(2) When apples have been grown and stored in another state which does not
have laws governing controlled atmosphere storage of apples similar to provisions in effect in this state, but the apples have been stored in facilities and under conditions comparable to that required under this article and the rules adopted pursuant thereto, they may be represented as having been exposed to controlled atmosphere storage when sold in this state.
Source: L. 77: Entire article added, p. 1600, � 1, effective May 24.
35-23.5-106. Suspension or revocation. (Repealed)
Source: L. 77: Entire article added, p. 1600, � 1, effective May 24.
Editor's note: Section 35-23.5-108 provided for the repeal of this section,
effective July 1, 1995. (See L. 91, p. 690.)
35-23.5-107. Penalty. (1) It is unlawful for any person to:
(a) Operate a facility for the storage of apples that is represented as being a
controlled atmosphere storage facility unless it meets the standards set pursuant to rule by the commissioner under the provisions of this article;
(b) Sell, exchange, offer for sale, advertise, label, or otherwise represent that
apples have been exposed to controlled atmosphere storage, unless such apples have been stored in a facility that meets the standards set pursuant to rule by the commissioner under provisions of this article.
(c) Repealed.
(2) Any person who violates any provision of this article is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars for each such offense. Each day of violation shall be deemed a separate offense.
(3) The commissioner may initiate an action in the proper court for injunctive
relief to prevent or restrain any violation of this article or the rules adopted pursuant thereto.
Source: L. 77: Entire article added, p. 1600, � 1, effective May 24. L. 95: IP(1),
(1)(a), and (1)(b) amended, p. 705, � 25, effective May 23.
Editor's note: Section 35-23.5-108 provided for the repeal of subsection
(1)(c), effective July 1, 1995. (See L. 91, p. 690.)
35-23.5-108. Repeal - review of functions. (Repealed)
Source: L. 88: Entire section added, p. 933, � 27, effective April 28. L. 90:
Entire section amended, p. 333, � 21, effective April 3. L. 91: Entire section amended, p. 690, � 66, effective April 20. L. 95: Entire section amended, p. 706, � 26, effective May 23. L. 97: Entire section repealed, p. 1030, � 62, effective August 6.
ARTICLE 24
Dairy Products
35-24-101 to 35-24-208. (Repealed)
Source: L. 85: Entire article repealed, p. 902, � 4, effective April 5.
Editor's note: This article was numbered as article 6 of chapter 7, C.R.S.
-
For amendments to this article prior to its repeal in 1985, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
Cross references: For current provisions concerning dairy products and imitation dairy products, see parts 1 and 2 of article 5.5 of title 25.
ARTICLE 24.5
Aquaculture
35-24.5-101. Short title. This article shall be known and may be cited as the
Colorado Aquaculture Act.
Source: L. 91: Entire article added, p. 189, � 1, effective June 7.
35-24.5-102. Legislative declaration. (1) The general assembly finds and
declares that it is in the interest of the people of the state that the practice of aquaculture be encouraged in order to promote agricultural diversification, augment food supplies, expand employment opportunities, promote economic activity, increase stocks of fish and other aquatic life, protect and better use and manage the land and water resources of the state, and provide other benefits to the state.
(2) The general assembly further finds and declares that aquaculture shall
be considered an agricultural enterprise as defined in the Colorado Agricultural Development Authority Act, article 75 of this title, and, for property tax assessment purposes, shall be classified pursuant to section 39-1-102 (1.6)(b), C.R.S.
Source: L. 91: Entire article added, p. 189, � 1, effective June 7.
35-24.5-103. Definitions. As used in this article, unless the context
otherwise requires:
(1) Aquaculture means the controlled propagation, growth, and harvest of,
and subsequent commerce in, cultured aquatic stock, including but not limited to fish and other aquatic vertebrates, mollusks, crustaceans, and algae and other aquatic plants, by an aquaculturist.
(2) Aquaculture facility means any facility, structure, lake, pond, tank, or
tanker truck used for the purpose of propagating, selling, brokering, trading, or transporting live fish or viable gametes.
(3) Aquaculturist means an individual, partnership, or corporation, other
than an employee of a state or federal hatchery, involved in producing, transporting, or marketing cultured aquatic stock or products thereof.
(4) Aquatic disease means any departure from a normal state of health of
aquatic organisms caused by disease agents.
(5) Aquatic organism means an individual member of any species of fish,
mollusk, crustacean, aquatic reptile, aquatic amphibian, or aquatic insect or other aquatic invertebrate. Aquatic organism includes the viable gametes (eggs or sperm) of an aquatic organism.
(6) Board means the aquaculture board.
(7) Commercial aquaculturist means an aquaculturist engaged in the
business of growing, selling, brokering, or processing live or viable aquatic organisms for commercial purposes.
(8) Commission means the state agricultural commission.
(9) Commissioner means the commissioner of agriculture.
(10) Cultured aquatic stock means aquatic organisms raised from privately
owned stocks and aquatic organisms lawfully acquired and held in private ownership until they become intermingled with wild aquatic organisms; except that cultured aquatic stock does not include state-owned fish, crustaceans, amphibians, or mollusks lawfully taken and used or sold for bait only.
(11) Department means the department of agriculture.
(12) Division means the division of parks and wildlife in the department of
natural resources.
Source: L. 91: Entire article added, p. 190, � 1, effective June 7.
35-24.5-104. Aquaculture board - created - members. (1) There is hereby
created and established in the department an aquaculture board, which shall consist of the following:
(a) The five persons who make up the fish health board as established in
section 33-5.5-101, C.R.S.; and
(b) Two additional members, to be appointed by the commissioner, who are
familiar with the commercial marketing or processing of aquatic organisms and their products or with the financing of commercial aquaculture.
(2) The term of office of the two additional members appointed in subsection
(1)(b) of this section is three years. Each additional member shall serve until the additional member's successor has been appointed and qualified, and either member is eligible for reappointment. Both additional members shall serve without compensation except for actual and necessary traveling expenses.
(3) The board shall annually select a chair and a vice-chair, who may be the
same as the chair and vice-chair of the fish health board.
(4) A majority of the board shall constitute a quorum, and, if a quorum is
present, in person or by telephone, the board may act upon a vote of a majority of those present.
(5) The board shall constitute a public entity and each member and
employee of the board shall constitute a public employee within the meaning of the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S.
(6) The board is a type 2 entity, as defined in section 24-1-105, and exercises
its powers and performs its duties and functions specified in this article 24.5 under the department and the executive director thereof.
Source: L. 91: Entire article added, p. 191, � 1, effective June 7. L. 2022: (6)
amended, (SB 22-162), ch. 469, p. 3402, � 147, effective August 10. L. 2025: (2) and (3) amended, (HB 25-1084), ch. 24, p. 112, � 71, effective August 6.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
35-24.5-105. Duties of the board. (1) The board shall consider, initiate, and
recommend rules, not inconsistent with law, to the commissioner concerning the regulation of the aquaculture industry and its markets, except for rules that regulate, control, or otherwise relate to fish health, to the spread of aquatic disease, or to the importation into the state or the distribution and management of any exotic aquatic species, all of which subjects are within the jurisdiction of the parks and wildlife commission.
(2) The board shall develop appropriate programs to assist in the protection,
growth, and promotion of the aquaculture industry of the state and shall recommend policies and procedures to the commissioner and the commission for the accomplishment of such a plan.
(3) The board shall review any suspensions or revocations of aquaculture
facility permits and any orders for the destruction of aquatic organisms or for quarantine of aquaculture facilities which last beyond thirty days, and all such suspensions, revocations, and orders shall be conditioned upon the board's approval; except that destruction orders may be approved by the commissioner upon a determination that a situation exists which threatens imminent danger to existing aquatic populations or to human health and safety and that no more reasonable means exist to control the situation. Destruction of aquatic organisms or quarantines shall be done in accordance with applicable regulations of the department.
(4) The board shall review aquaculture facility permitting procedures and
shall make recommendations to the department concerning such procedures and any related fees and charges.
Source: L. 91: Entire article added, p. 191, � 1, effective June 7. L. 2012: (1)
amended, (HB 12-1317), ch. 248, p. 1236, � 94, effective June 4.
35-24.5-106. Rules. (1) To carry out the provisions of this article, the board
is authorized to consider and recommend to the commissioner appropriate rules to be promulgated pursuant to section 24-4-103, C.R.S., including but not limited to rules concerning the following:
(a) Fees to fund all direct and indirect costs of the administration and
enforcement of this article;
(b) Standards applicable to products of cultured aquatic stock offered for
sale; and
(c) The establishment of standards for and certification of private
aquaculture facilities, which may include standards for commercial aquaculturists.
(2) Nothing in this section diminishes or supersedes the authority of the
division or the parks and wildlife commission to regulate or manage wild populations of aquatic organisms in the waters of the state or in facilities controlled or managed by the division or by the United States fish and wildlife service.
Source: L. 91: Entire article added, p. 192, � 1, effective June 7. L. 2012: (2)
amended, (HB 12-1317), ch. 248, p. 1236, � 95, effective June 4.
35-24.5-107. Powers and duties of the commissioner. (1) To carry out the
provisions of this article, the commissioner is authorized to adopt appropriate rules pursuant to section 24-4-103, C.R.S., including but not limited to rules concerning the following:
(a) Fees to fund all direct and indirect costs of the administration and
enforcement of this article and article 5.5 of title 33, C.R.S.;
(b) Standards applicable to products of cultured aquatic stock offered for
sale; and
(c) The establishment of standards for and certification of private
aquaculture facilities, which may include standards for commercial aquaculturists.
(2) Nothing in this section diminishes or supersedes the authority of the
division or the parks and wildlife commission to regulate or manage wild populations of aquatic organisms in the waters of the state or in facilities controlled or managed by the division or by the United States fish and wildlife service.
(3) The commissioner shall institute appropriate programs to assist in the
protection, growth, and promotion of the aquaculture industry in the state.
(4) The commissioner shall provide facilities and support to the board for use
in carrying out its duties.
(5) The commissioner shall provide for the issuance of permits for
aquaculture facilities and shall establish permit fees to offset the costs of regulating the aquaculture industry.
(6) The commissioner shall enforce all rules and regulations concerning
aquaculture except those which relate to fish health, or to the spread of aquatic diseases, or to the importation into the state or the distribution and management of any exotic aquatic species, all of which rules and regulations shall be enforced by the division.
(7) The commissioner may contract for the services of any certified aquatic
disease laboratory or certified aquatic disease specialist in this state or in any other state, or with any other government agency, through intergovernmental agreement, contract, or memorandum of understanding to implement and enforce the rules and regulations of the commissioner.
(8) The commissioner may quarantine aquaculture facilities subject to the
review of the aquaculture board pursuant to section 35-24.5-105 (3).
(9) Nothing in this section shall be construed to conflict with or to supersede
the authority of the Colorado department of public health and environment to regulate the growing, harvesting, and shipping of molluskan shellfish or any other processed fish or seafood products intended for human consumption.
Source: L. 91: Entire article added, p. 193, � 1, effective June 7. L. 94: (9)
amended, p. 2804, � 574, effective July 1. L. 2012: (2) amended, (HB 12-1317), ch. 248, p. 1236, � 96, effective June 4.
35-24.5-108. Delegation of duties - cooperative agreements. (1) The
powers and duties vested in the commissioner by this article may be delegated to qualified employees of the department.
(2) After thorough consultation with the board, the department may receive
and expend grants-in-aid from any agency of the United States and may cooperate and enter into agreements with any agency of the United States, any agency of any other state, and any agency of this state or its political subdivisions for the purposes of this article.
Source: L. 91: Entire article added, p. 194, � 1, effective June 7.
35-24.5-109. Facility permit required. (1) On or after January 1, 1992, no
person shall operate a fish production facility for the purpose of propagating, selling, trading, or transporting live fish or viable gametes unless such fish production facility possesses a valid and current aquaculture facility permit issued by the commissioner.
(2) One or more satellite stations of a fish production facility may operate
under one aquaculture facility permit if all such satellite stations are listed on such facility permit.
(3) Each person seeking to obtain an aquaculture facility permit shall make
application to the commissioner on forms prescribed and furnished by the commissioner.
(4) An annual facility permit fee in an amount to be established by the
commissioner, not to exceed one hundred eighty dollars, shall accompany the application.
(5) No aquaculture facility permit shall be required for persons to obtain and
possess live fish for aquaria or private ponds so long as such aquaria or ponds are hydrologically closed systems and are not connected to state waters and so long as live fish which have been held in such aquaria or ponds are not released into state waters.
(6) No aquaculture facility permit shall be required of any federal, state, or
county agency or of any person possessing a valid scientific collecting permit who is conducting research or educational activities with lawfully acquired fish, nor shall such permit be required of any zoo accredited by the American association of zoological parks and aquariums; except that such persons and entities must adhere to all other division of parks and wildlife regulations including record-keeping and importation requirements.
(7) Any person who operates or uses an aquaculture facility, whether as
owner, operator, lessee, or pursuant to any contract, or who otherwise buys, sells, trades, or acts as a broker of live fish or viable gametes, shall be subject to all applicable regulations including record-keeping and importation requirements.
Source: L. 91: Entire article added, p. 194, � 1, effective June 7.
35-24.5-110. Civil penalties - disciplinary actions. (1) (a) Any person that
violates any of the provisions of this article or any rule or regulation promulgated by the commission pursuant to this article may be punished upon a finding of such violation by the commissioner as follows:
(I) In any first administrative proceeding, a fine of not less than one hundred
dollars nor more than one thousand dollars;
(II) In any subsequent administrative proceeding against the same person, a
fine of not less than one thousand dollars nor more than five thousand dollars.
(b) If the commissioner is unable to collect such civil penalty or if any person
fails to pay all or a set portion of the civil penalty as determined by the commissioner, the commissioner may bring suit to recover such amount plus costs and attorney fees by action in any court of competent jurisdiction.
(2) In addition to the penalties provided in subsection (1) of this section, the
commissioner may withhold, deny, suspend, or revoke the aquaculture facility permit of any aquaculturist if the commissioner finds that such person has committed any of the following:
(a) Fraud or material deception in the obtaining or renewal of a permit;
(b) Failure to comply with any provision of this article or rules promulgated
by the commissioner or any lawful order of the commissioner pursuant thereto;
(c) Failure to comply with any provision of section 33-6-114.5 (1) to (6), C.R.S.,
or with any rule or regulation of the division, or with any statutory provision relating to fish health, the spread of aquatic diseases, or the importation into the state, distribution, or management of any exotic aquatic species;
(d) Contracting with or assisting unlicensed persons to perform services or
operate in a manner for which a license is required under this article.
(3) Any revocation or suspension of a permit by the commissioner shall be
subject to review by the board pursuant to section 35-24.5-105 (3); except that the commissioner may issue an order to cease and desist from doing any act which is determined to present an immediate danger to other aquatic stock pending such review by the board. For the purpose of enforcing any such cease-and-desist order, the commissioner has, in addition to any other powers conferred by statute, the power to exercise such physical control over property and persons as may be necessary to protect the health of such aquatic stock or of the public.
(4) Whenever the commissioner possesses sufficient evidence satisfactory
to the commissioner indicating that any person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commissioner may apply to any court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commissioner to post a bond.
Source: L. 91: Entire article added, p. 195, � 1, effective June 7.
35-24.5-111. Aquaculture fund created. All fees and penalties collected
pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the aquaculture cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department for the direct and indirect costs of the administration of this article.
Source: L. 91: Entire article added, p. 196, � 1, effective June 7.
ARTICLE 25
Colorado Bee Act
C.R.S. § 35-26-101.5
35-26-101.5. Legislative declaration. (1) The general assembly hereby finds and determines that nursery stock can harbor plant pests and diseases and operate as a disease vector. Unregulated production and shipping of nursery stock presents an unacceptable risk to the state's agricultural, forestry, and horticultural interests and to the state's general environmental quality.
(2) Therefore, the general assembly hereby declares that it is necessary to
ensure that nurseries produce healthy plants and that nursery stock shipped to other nurseries, brokers, or out-of-state customers meets the national nursery stock cleanliness standard.
Source: L. 2018: Entire section added, (HB 18-1246), ch. 105, p. 790, � 1,
effective August 8.
C.R.S. § 35-26-102
35-26-102. Definitions. As used in this article 26, unless the context otherwise requires:
(1) Advertisement means the attempt by publication, dissemination,
solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest in any property.
(1.5) (Deleted by amendment, L. 91, p. 151, � 5, effective July 1, 1991.)
(1.7) Body politic means any agency of this state or of the federal
government, or any unit of local government, including any county, city, town, school district, local improvement or service district, or special district, or any other governmental unit having authority under the law to tax or impose assessments, including special assessments.
(2) Botanical name means that name used in the binomial system of
nomenclature consisting of the genus and the species of a particular plant and, if there be one, the variety name of the species.
(2.5) Broker means:
(a) When used as a verb, to negotiate the purchase or sale of any plant
product on behalf of another person; or
(b) When used as a noun, a person who negotiates the purchase or sale of
any plant product on behalf of another person.
(3) Collected nursery stock means any nursery stock removed from its
original native habitat.
(4) Collector means any person who collects nursery stock for sale
purposes.
(5) Commissioner means the commissioner of agriculture.
(6) Common name means the name of any plant which is in common and
widest use in the state, to designate the kind and variety of a plant.
(7) Dead or dying condition means a condition in which a plant is without
living tissue, or is weakened to a point that it is unlikely to grow with reasonable vigor when given reasonable care.
(8) (Deleted by amendment, L. 91, p. 151, � 5, effective July 1, 1991.)
(9) Department means the department of agriculture.
(9.2) Distribute means, for any commercial purpose, to:
(a) Sell or give away, offer to sell or give away, display for sale or as a
giveaway, or hold either for sale or to give away; or
(b) Ship, hold for shipment, or deliver or release for shipment.
(9.3) Effective control means, when referring to any pest that is not
quarantined pursuant to the Pest Control Act, article 4 of this title 35, or that is not quarantined pursuant to any comparable federal quarantine law, eliminating or reducing a plant pest, disease, or weed to the point of an acceptable economic or environmental risk.
(9.5) Grown within Colorado means propagated from seed or cuttings or by
budding or grafting in Colorado, or grown as a native stand of trees or shrubs or other stock growing on property owned or leased in Colorado by the nursery who intends to collect and sell such stock.
(10) Insect pests means the small invertebrate animal in the phylum
anthropoda comprising the class insecta which generally have segmented bodies, are six-legged, and are usually winged, such as beetles, bugs, bees, and flies, including a similar class of arthropods whose members are wingless and generally have more than six legs, such as spiders, mites, ticks, centipedes, and wood lice which are injurious to nursery stock.
(11) Landscape contractor means a person who provides nursery stock for
compensation or value as part of a site development or landscaping service.
(11.5) National nursery stock cleanliness standard means a standard for
nursery stock that requires that:
(a) The nursery stock is free of quarantine pests and pests of concern; and
(b) Any nonquarantine pests are under effective control.
(11.6) Noxious weed means a species of plant that:
(a) Is, or is liable to be, troublesome, aggressive, intrusive, detrimental, or
destructive to agriculture, silviculture, or native species;
(b) Is difficult to control or eradicate; and
(c) The commissioner has identified as a prohibited weed by rule adopted in
accordance with the State Administrative Procedure Act, article 4 of title 24.
(12) Nursery means any grounds or premises on or in which nursery stock is
propagated, held, or grown for sale purposes.
(13) Nurseryman means any person owning, leasing, or managing a nursery.
All persons engaged in the operation of a nursery are farmers and are engaged in agriculture for all statutory purposes.
(14) Nursery stock means:
(a) Any hardy plant or herbaceous or woody plant that:
(I) Survives Colorado winters; and
(II) Is grown, collected, or kept for propagation, sale, or distribution,
including the following:
(A) A deciduous or evergreen tree;
(B) A shrub;
(C) A woody vine;
(D) Turfgrass sod; and
(E) Ornamental grass;
(b) Any nonhardy plant or plant part to be distributed in another state that
requires plant inspection and certification before the plant may be transferred into the state; and
(c) If the commissioner determines that regulating the movement of a plant
is necessary to control any insect pest or plant disease, any other plant designated as nursery stock by the commissioner by rule.
(15) (Deleted by amendment, L. 91, p. 151, � 5, effective July 1, 1991.)
(16) Orchard plants means trees, shrubs, and vines which are grown solely
for their fruit or other products.
(17) Person means any firm, partnership, association, corporation, society,
individual, or combination of individuals.
(17.5) Pest of concern means a nonquaratine pest that is not known to
occur in the state or that has a limited distribution within the state but that has the potential to negatively impact nursery stock health or pose an unacceptable economic or environmental risk were it to be introduced to or proliferate in the state.
(18) Place of business means each separate nursery, store, stand, sales
ground, lot, or any location from which nursery stock is being sold, offered for sale, or distributed.
(19) Plant diseases means the pathological condition in nursery stock
caused by fungi, bacteria, nematodes, viruses mycoplasmas, or parasitic seed plants.
(19.5) Sell means, for any commercial purpose and with respect to nursery
stock, to offer, display, possess, exchange, barter, broker, distribute, or trade.
(20) Stop-sale order means a written order prohibiting the sale of nursery
stock.
(21) Turfgrass sod means a strip or section of one or more grasses or other
plants acceptable for lawn plantings which, when severed from its growing site, contains sufficient plant roots to remain intact, and does not contain weeds in excess of the amounts specified by the commissioner.
(22) Weed means any plant which grows where not wanted.
Source: L. 71: R&RE, p. 143, � 1. C.R.S. 1963: � 6-15-2. L. 83: (1), (11), (19), and
(21) amended and (1.5), (1.7), and (22) added, p. 1361, �� 1, 2, effective July 1. L. 91: (1), (1.5), (5), (7), (8), (10), (12), (15), and (20) amended, p. 151, � 5, effective July 1. L. 96: (9.5) added, p. 373, � 1, effective April 17. L. 2018: IP and (14) amended and (2.5), (9.2), (9.3), (11.5), (11.6), (17.5), and (19.5) added, (HB 18-1246), ch. 105, p. 790, � 2, effective August 8.
C.R.S. § 35-28-104
35-28-104. Definitions. As used in this article 28, unless the context otherwise requires:
(1) (a) Agricultural commodity means any agricultural, horticultural,
floricultural, viticultural, and vegetable products, livestock and livestock products, wheat, hay, corn, millet, bees and honey, poultry and poultry products, and milk and milk products, either in their natural state or as processed, including any marketable agricultural product, but does not include sugar beets, timber and timber products, oats, malting barley, barley, hops, rice, milo, and other feed grains. These exceptions are the sole exemptions, irrespective of any other exemptions provided by law, and particularly as set forth in section 35-28-122.
(b) Nothing in paragraph (a) of this subsection (1), as amended by House Bill
05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a floricultural operation.
(2) Commissioner means the commissioner of agriculture or the
commissioner's duly authorized representative.
(3) Distributor means a person engaged in the operation of selling, offering
for sale, marketing, or distributing an agricultural commodity that the person has produced, purchased, or acquired from a producer, handler, or other distributor, or that the person is marketing on behalf of a producer, handler, or other distributor, whether as owner, agent, employee, broker, or otherwise. Distributor does not include a retailer; except that distributor includes a retailer that purchases or acquires from, or handles on behalf of a producer, handler, or other distributor an agricultural commodity that is not subject to regulation by the marketing order covering the commodity.
(4) Grade means the official United States or Colorado terminology applied
to agricultural commodities as determined by the presence or absence of certain quality and other factors.
(5) Handler means any person engaged in the operation of purchasing,
packing, grading, selling, offering for sale, or marketing any marketable agricultural product; or any person who, as the producer, owner, agent, or otherwise, ships or causes an agricultural product to be shipped; or any governmental entity that obtains from a producer any interest in an agricultural commodity covered by a marketing agreement or order in connection with a governmental agricultural commodity program. The commissioner shall have the power to determine or specify who is a handler with respect to an agricultural commodity under a marketing agreement or order.
(6) Marketable agricultural product is a product which meets the
requirements for regulation under any marketing order, marketing agreement, or regulation in effect in the area in which the same is produced, handled, or distributed.
(7) Marketing agreement means a voluntary agreement between
producers, handlers, processors, or distributors and the commissioner of agriculture in which the producers, handlers, processors, or distributors who sign such agreement agree to follow certain rules set forth by the agreement.
(8) Marketing order means an order issued by the commissioner of
agriculture pursuant to this article, prescribing rules and regulations governing the processing, distributing, sale of, or handling in any manner of any agricultural commodity in Colorado during any specified period or periods.
(9) Person means an individual, firm, corporation, association, or any other
business unit.
(10) Processor means any person engaged in the operation of producing for
processing, or in the operation of receiving, grading, packing, canning, fermenting, distilling, extracting, preserving, grinding, crushing, or changing the form of an agricultural product for the purpose of marketing such commodity, but shall not include a person engaged in manufacturing from an agricultural commodity, so changed in form, another and different product.
(11) Producer means any person engaged within this state in the business
of producing, or causing to be produced for market, any agricultural commodity.
(12) Product means an agricultural commodity which has been placed in
condition for sale or distribution.
(13) Retailer means a person that purchases or acquires an agricultural
commodity for resale at retail to the general public at a fixed business location in the state for consumption off such premises. A retailer may also be a distributor, to the extent that the person engages in the business of a distributor.
(14) To distribute means to engage in the business of a distributor as
defined in this section.
(15) To handle means to engage in the business of a handler as defined in
this section.
(16) To process means to engage in the business of a processor as defined
in this section.
(17) Unfair competition means the use of unfair methods of competition
and unfair or deceptive practices in business for the purpose of, or having the natural and probable effect of, eliminating or injuring competition, and shall include, but not be limited to: Sales below cost, except those made in good faith to meet a legal price of a competitor; discriminatory pricing; discriminatory discounting and rebating, either direct or indirect; unreasonable extensions of credit; subsidizing of customers; misleading labeling or advertising; and solicitation by misleading or false statements.
Source: L. 39: p. 195, � 4. CSA: C. 106, � 49. L. 51: p. 559, � 1. L. 53: p. 116, � 1.
CRS 53: � 7-3-4. L. 55: pp. 147, 148, �� 3, 4. L. 57: p. 133, � 1. L. 58: p. 101, � 1. L. 63: p. 161, � 1. C.R.S. 1963: � 7-3-4. L. 69: p. 112, � 3. L. 70: p. 116, �� 1, 2. L. 79: (1) amended, p. 1324, � 1, effective May 31. L. 94: (1) amended, p. 327, � 12, effective March 1, 1995. L. 2001: (5) amended, p. 3, � 1, effective August 8. L. 2005: (1) amended, p. 351, � 11, effective August 8. L. 2018: IP and (1)(a) amended, (SB 18-188), ch. 149, p. 940, � 1, effective August 8. L. 2025: (2), (3), and (13) amended, (HB 25-1084), ch. 24, p. 116, � 84, effective August 6.
C.R.S. § 35-36-102
35-36-102. Definitions. As used in this article 36, unless the context otherwise requires:
(1) Agent means a person who, on behalf of a dealer or small-volume
dealer, buys, receives, contracts for, or solicits any farm products from or sells farm products for the owner of the farm products or who negotiates the consignment or purchase of any farm products on behalf of a dealer or small-volume dealer.
(2) Bailee means a person who, by a negotiable warehouse receipt or other
document of title, acknowledges possession of goods and contracts to deliver them.
(3) Bailment means the act of delivering goods or personal property to
another in trust.
(4) Commercial feeding means the feeding of livestock by a person who
receives compensation from the owner of the livestock for the feeding.
(5) Commission means the state agricultural commission created in section
35-1-105.
(6) Commissioner means the commissioner of agriculture or the
commissioner's designee.
(7) (a) Commodity means unprocessed small, hard seeds or fruits such as
wheat, corn, oats, barley, rye, sunflower seeds, soybeans, beans, grain sorghum, and industrial hemp and such other seeds or fruits as the commissioner may determine.
(b) Commodity does not include marijuana.
(8) (a) Commodity handler means a person:
(I) Engaged in buying any commodities from the owner for processing or
resale;
(II) Engaged in receiving and taking possession of any commodities from the
owner for storage or safekeeping;
(III) Engaged in soliciting or negotiating sales of commodities between the
vendor and purchaser respectively;
(IV) Who receives on consignment or solicits from the owner of a commodity
any kind of commodity for sale on commission on behalf of the owner, who accepts any commodity in trust from the owner of the commodity for the purpose of resale, or who sells or offers for sale on commission any commodity or in any way handles any commodity for the account of the owner of the commodity; or
(V) Engaged in buying any commodity from the owner of the commodity for
the commercial feeding of livestock that are owned wholly or in part by another, at an animal feeding operation with a capacity of more than two thousand five hundred head of livestock.
(b) Commodity handler does not include:
(I) A bona fide retail grocery merchant or restaurateur having a fixed or
established place of business in Colorado if the use of commodities by the person is directly related to the operation of the person's retail grocery or restaurant; or
(II) A producer as defined in the Colorado Cottage Foods Act, section 25-4-1614 (9)(c), who earns net revenues of ten thousand dollars or less per calendar year
from the sale of each eligible food product.
(9) Compensation means something of value or benefit, whether in cash, in
kind, or in any other form.
(10) Consignor includes a person who ships or delivers to a dealer or small-volume dealer any farm products for handling, sale, or resale.
(11) Credit sale contract means a contract for the sale of a commodity or a
farm product when the sale price is to be paid on a date later than thirty days after delivery of the commodity or farm product to the buyer and includes those contracts commonly referred to as deferred payment contracts, deferred pricing contracts, and price later contracts.
(12) (a) Dealer means a person:
(I) Engaged in buying any farm products from the owner for processing or
resale;
(II) Engaged in receiving and taking possession of any farm products from
the owner for storage or safekeeping;
(III) Engaged in soliciting or negotiating sales of farm products between the
vendor and purchaser respectively;
(IV) Who receives on consignment or solicits from the owner of a farm
product any kind of farm product for sale on commission on behalf of the owner, who accepts any farm product in trust from the owner of the farm product for the purpose of resale, or who sells or offers for sale on commission any farm product or in any way handles any farm product for the account of, or as an agent of, the owner of the farm product; or
(V) Engaged in buying any farm products or commodities from the owner of
the farm products or commodities for the commercial feeding of livestock that are owned wholly or in part by another, at an animal feeding operation with a capacity of more than two thousand five hundred head of livestock.
(b) Dealer does not include:
(I) A bona fide retail grocery merchant or restaurateur having a fixed or
established place of business in Colorado if the use of farm products by the person is directly related to the operation of the person's retail grocery or restaurant; or
(II) A producer as defined in the Colorado Cottage Foods Act, section 25-4-1614 (9)(c), who earns net revenues of ten thousand dollars or less per calendar year
from the sale of each eligible food product.
(13) Department means the department of agriculture.
(14) (a) (I) Farm products includes the following unprocessed products
produced in Colorado or owned by any Colorado resident, dealer, or small-volume dealer:
(A) Agricultural, horticultural, viticultural, fruit, and vegetable products of
the soil;
(B) Livestock and livestock products, except livestock held by the purchaser
and not resold or processed within ninety days after the purchase date;
(C) Milk; and
(D) Honey.
(II) Farm products also includes:
(A) Ensiled corn;
(B) Baled, cubed, or ground hay; and
(C) Industrial hemp.
(b) Farm products does not include poultry and poultry products, timber
products, nursery stock, commodities, marijuana, or natural medicine as defined in section 12-170-104 (12).
(15) Financial statement means a statement prepared according to
generally accepted accounting principles that accurately presents the financial condition of an applicant or licensee and that includes, at a minimum, a balance sheet and a statement of income.
(16) Forwarded commodities means commodities sent to a terminal
warehouse and put on open storage in the name of the forwarding warehouse operator.
(17) Handling means buying commodities for resale or processing,
brokering commodities, or receiving and loading out commodities tendered for storage.
(18) Industrial hemp has the meaning set forth in section 35-61-101 (7).
(19) Livestock has the meaning set forth in section 35-1-102 (6).
(20) Loss means any monetary loss to a producer or owner that is of an
extraordinary nature and that includes but is not limited to, bankruptcy, embezzlement, theft, fraud, or negligence.
(21) Marijuana has the meaning set forth in section 16 (2)(f) of article XVIII
of the Colorado constitution.
(22) Market value means the value required by law to be used by insurance
underwriters in paying for losses of commodities insured for their actual value.
(23) Negotiable warehouse receipt means a receipt that specifies by its
terms that the goods are to be delivered to the bearer or to the order of a named person. Any other receipt is nonnegotiable.
(24) Owner means any person in whom legal title to any commodity or farm
product is vested, whether produced by the owner or acquired by purchase.
(24.5) Patronage interest means shares or membership interests,
partnership interests, or other ownership interests in a licensee that is a cooperative association, which shares or interests are allocated and distributed to the producer in proportion to that producer's patronage of the cooperative association.
(25) Person includes:
(a) An individual, firm, association, partnership, or corporation; or
(b) The commissioner.
(26) Processing means the operation of canning, drying, fermenting,
distilling, extracting, preserving, grinding, crushing, flaking, mixing, or otherwise changing the form of a commodity or farm product for the purpose of selling or reselling any of the resulting products.
(27) Producer means a person engaged in growing commodities or farm
products or producing farm products.
(28) Provisional insurance coverage means a certificate or any other
satisfactory evidence of fire and extended coverage insurance issued by an insurance company authorized to do business in this state insuring every commodity in the custody of a warehouse operator, whether held for others or owned by the warehouse operator, at the full local market value of each commodity.
(29) Public warehouse includes an elevator, mill, warehouse, or other
structure in which commodities are received from one or more members of the public for storage.
(30) Retail grocery merchant means a person whose sales consist of more
than fifty percent nonfarm-product and noncommodity grocery household merchandise.
(31) Scale ticket means a receipt issued for a commodity that names the
person to whom it is issued and the kind and grade of the commodity stored.
(32) Settlement sheet means a summary of a commodity handler's or
small-volume commodity handler's transactions with an owner.
(33) Small-volume commodity handler means a person who:
(a) Has a fixed or established place of business in this state;
(b) Engages in commodities handling;
(c) Buys less than two hundred fifty thousand dollars' worth of commodities
and farm products per year from owners for processing or resale; and
(d) Does not purchase commodities for commercial feeding of livestock.
(34) Small-volume dealer means a person that:
(a) Does not qualify as a dealer under subsections (12)(a)(II) to (12)(a)(V) of
this section;
(b) Has a fixed or established place of business in Colorado;
(c) Subject to adjustment made by the commissioner by rule, as authorized
under section 35-36-103 (1)(c), buys less than forty-five thousand dollars' worth of farm products or commodities, in aggregate, per year from the owners for processing or resale; and
(d) Does not purchase farm products for commercial feeding of livestock.
(35) Storage means the holding of a commodity or farm product for
another by a person who does not directly own the commodity or farm product. Storage does not include transportation of a commodity or farm product.
(36) Terminal warehouse means a public warehouse licensed by the
department, the United States department of agriculture, or any state that has a warehouse examination cooperative agreement with Colorado or the United States department of agriculture.
(37) Warehouse operator includes a person owning, operating, or
controlling a public warehouse.
Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch.
160, p. 716, � 2, effective June 29. L. 2023: (14)(b) amended, (SB 23-290), ch. 249, p. 1423, � 41, effective July 1. L. 2025: (7), IP(34), and (34)(c) amended and (24.5) added, (SB 25-176), ch. 218, pp. 1003, 1004, �� 6, 8, 3, effective August 6.
Editor's note: This section is similar to former � 35-36-102 as it existed prior
to 2020; except that subsection (1) is similar to former � 35-37-103 (1), subsection (12) is similar to former � 35-37-103 (7), subsection (14) is similar to former � 35-37-103 (8), subsection (21) is similar to former � 35-37-103 (9.5), subsection (30) is similar to former � 35-37-103 (14), and subsection (34) is similar to former � 35-37-103 (15) as they existed prior to 2020.
C.R.S. § 35-43-109
35-43-109. Brands personal property - recording by board - rules - effect. Any brand recorded shall be the property of the person, association, or corporation causing such record to be made and shall be subject to sale, assignment, transfer, devise, and descent as personal property. Instruments of writing evidencing the sale of such brand, assignment, or transfer shall be recorded by the state board of stock inspection commissioners, and the fee for recording such sale, assignment, or transfer shall be in an amount determined by the board by rule. The recording of such instruments of writing shall have the same force and effect as to third parties as the recording of instruments affecting real estate, and a certified copy of the record of any such instrument may be introduced in evidence the same as is provided for the certified copies of instruments affecting real estate.
Source: L. 13: p. 144, � 7. C.L. � 3125. CSA: C. 160, � 9. CRS 53: � 8-2-9. L. 55:
p. 155, � 3. C.R.S. 1963: � 8-2-9. L. 67: p. 142, � 2. L. 73: p. 218, � 2. L. 2004: Entire section amended, p. 648, � 7, effective July 1.
C.R.S. § 35-5-108
35-5-108. Control or eradication methods and procedures - notice - assessments - protests. (1) The county pest inspector shall give notice by radio, newspaper, or any other means of communication to the owner, lessee, agent, or occupant of any lands within a district on which noxious weeds, insect pests, or plant diseases are found, advising them of their presence and naming the noxious weed, insect pest, or plant disease, giving both common and scientific names. Such notice shall specify the best available methods of controlling or eradicating such noxious weeds, insect pests, or plant diseases and shall require that such methods be used for control or eradication thereof. Failure to receive such notice shall not constitute a defense to the assessment of a lien against the property, as provided in this section, for the expense for the control or eradication of such pests.
(2) In case any such landowner, lessee, agent, or occupant refuses to comply
with the requirements of the county pest inspector for the control or eradication of such noxious weeds, insect pests, or plant diseases, or causes the same to be done, it is the duty of the inspector to provide access to sprayers or other equipment needed and to enter upon such lands with the approval of the board of county commissioners and, as provided in this article, to effect the control or eradication of such noxious weeds, insect pests, or plant diseases.
(3) Upon completion of the work, the board of county commissioners shall
notify or cause to be notified said landowner, by certified mail, at the address shown on the records of the county assessor, or by one publication in a newspaper having general circulation within the county, as to the amount due, furnishing an itemized statement of the expense of the treatment of such noxious weeds, insect pests, or plant diseases (the amount paid the inspector shall not be included), and stating that, if the amount of said statement is not paid to the county treasurer of the county wherein the real estate is located within thirty days from the date of said notice, the amount thereof will be assessed as a lien upon said real estate, but no lien shall be in excess of the valuation for assessment of said real estate.
(4) If a landowner within the district is dissatisfied with the itemized
statement of expense described in subsection (3) of this section, the landowner may, within thirty days after the mailing or publication of the account showing the charge, file a written protest with the board of county commissioners. Not later than ten days after the filing of the protest, the board of county commissioners shall fix a time and place for hearing on the protest filed, to be held not less than ten days nor more than thirty days after the date of notice of the hearing, and, immediately after the hearing, the board of county commissioners shall make written findings and such changes in the assessment as may be determined to conform with the findings.
(5) A copy of said final statement of expenses shall be filed with the county
assessor. If the amount of the statement is not paid within thirty days of said notice or if a protest is filed, within thirty days after the findings or determination of such protest, the county assessor shall extend the amount upon the assessment rolls, and said assessment shall thereon become a part of the general taxes and constitute a lien against the entire contiguous tract owned by such person of which the portion so treated is all or a part. The assessment shall thereafter become due in the same manner and be collected in the same manner as the general ad valorem property tax; but not more than five percent of the total valuation for assessment of the entire contiguous tract of land of which the portion so treated is all or a part shall be spread on the tax rolls against said land in any one year. Any amount in excess of the five percent limitation and remaining unpaid may be carried over and charged on the tax roll of the succeeding years, and any unpaid balance so carried over shall bear interest at the rate of six percent per annum until paid. All of the provisions of the general laws for the enforcement of the collection of taxes shall be applicable thereto after the extension by the county assessor. Such assessments may be paid in full at any time before general taxes become due and payable.
(6) (a) Upon completion of the work, the board of county commissioners shall
notify or cause to be notified said lessee, by certified mail, at the address shown on the records of the state board of land commissioners, or by one publication in a newspaper having general circulation within the county, of the amount due, furnishing an itemized statement of the expense of the treatment of such noxious weeds, insect pests, or plant diseases (the amount paid the inspector shall not be included), and stating that, if the amount of said statement is not paid to the county treasurer of the county wherein the leased property is located within thirty days from the date of said notice, the amount thereof will be assessed as a lien upon any improvements located upon the leased property and owned by the lessee. The county shall institute civil proceedings in a court of competent jurisdiction to recover the amount of the assessment. In the event the value of said improvements is less than the amount of the assessment, the county may recover the difference by execution on such personal property of the lessee that is not exempt, as provided by law.
(b) If a lessee within the district is dissatisfied with the itemized statement of
expense described in subsection (3) of this section, the lessee may file a written protest with the board of county commissioners as provided by subsection (4) of this section.
(c) A copy of the final statement of expense shall be filed with the county
assessor. If the amount of the statement is not paid within thirty days of said notice or if a protest is filed, within thirty days after the findings or determination of such protest, the county assessor shall extend the amount upon the assessment rolls, and said assessment shall thereon become a part of the general taxes and constitute a lien against any improvements located upon the tract and owned by the lessee. If a judgment in favor of the county is not satisfied as the result of execution on the property, the county shall seek to satisfy the judgment by levying upon any personal property held by the lessee which is not exempt, as provided by law.
Source: L. 59: p. 180, � 8. CRS 53: � 6-16-8. C.R.S. 1963: � 6-5-8. L. 83: (1)
and (2) amended and (6) added, p. 1314, � 5, effective May 10. L. 2025: (4) and (6)(b) amended, (HB 25-1084), ch. 24, p. 96, � 17, effective August 6.
Cross references: For collection of ad valorem taxes, see article 10 of title
39.
C.R.S. § 35-80-108.5
35-80-108.5. Dog breeders and cat breeders - pet stores - short title. (1) The short title of this section is the Pet Store Consumer Protection Act.
(2) A pet store that sells or offers for sale dogs or cats shall:
(a) Include on all advertisements, including website postings, the purchase
price of the dog or cat and any applicable federal or state license numbers for the breeder of the dog or cat;
(b) Post on the enclosure of each dog or cat the purchase price of the dog or
cat and the following information on the dog's or cat's breeder: Full name; kennel name, if applicable; city; state; and any applicable state or federal license numbers; and
(c) Disclose to a prospective consumer in writing, prior to the sale of a dog or
cat, the following information about the dog or cat:
(I) The purchase price of the dog or cat;
(II) The interest rate or range associated with any financing or credit card
offered to the prospective purchaser; and
(III) Any applicable federal or state license numbers and an unredacted list
of all violations of any federal or state law the dog or cat breeder, broker, or transporter received in the previous two years on a federal or state inspection report.
(3) Nothing in this section precludes a statutory or home rule town, city,
county, or city and county from enacting laws more stringent than the requirements of this section, including a prohibition on the sale or offer for sale of dogs and cats.
Source: L. 2021: Entire section added, (HB 21-1102), ch. 82, p. 312, � 2,
effective September 7.
C.R.S. § 36-1-152.3
36-1-152.3. State trust lands conservation and recreation work group - creation - membership - study - interim report. (1) The executive director of the department shall convene a state trust lands conservation and recreation work group to conduct a study to identify opportunities to advance conservation; climate resilience; biodiversity; and sustainable, equitable, and low-conflict recreation on state trust lands in accordance with Colorado's outdoors strategy stewarded by the division of parks and wildlife. The work group shall conduct the study in a manner consistent with the state board of land commissioners' fiduciary responsibility to produce reasonable and consistent revenue for trust beneficiaries.
(2) (a) The work group shall:
(I) Meet as often as necessary, but no fewer than four times, to evaluate the
state trust lands and the opportunities for recreation, conservation, and agriculture;
(II) Make recommendations on or before September 1, 2026, to the governor;
the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees; the state board of land commissioners; and the executive director of the department;
(III) Be assisted by a professional facilitator;
(IV) Engage specialists or subject matter experts as needed, including
experts on the economy, landscape ecology, agriculture, mineral leasing and development, reclamation, and climate resilience; and
(V) Make all reasonable efforts to reduce the fiscal impact of the work
group, including by allowing remote participation.
(b) On or before March 16, 2026, the work group shall provide an interim
report to the parties listed in subsection (2)(a)(II) of this section, which interim report includes, at a minimum, information on potential recommendations for the long-term stewardship trust and the internal improvements and saline trusts.
(3) (a) By September 5, 2025, appointing authorities shall appoint voting
members of the work group pursuant to subsection (3)(b) of this section. In making the appointments, the appointing authorities shall endeavor to achieve geographic diversity on the work group. In conducting the study, the work group shall solicit public input, including input regarding identification of particular properties to consider and management recommendations to include in the study.
(b) (I) The speaker of the house of representatives shall appoint to the work
group:
(A) One member of the public school capital construction assistance board
created in section 22-43.7-106;
(B) One representative of an environmental organization with expertise in
land conservation and stewardship;
(C) One member with water resource management experience; and
(D) One member who is an agricultural producer or representative of a
statewide agricultural organization.
(II) The majority leader of the house of representatives shall appoint to the
work group:
(A) One county commissioner;
(B) One representative of a wildlife and habitat conservation organization;
and
(C) One representative of a commercial real estate entity with experience
leasing property on state lands.
(III) The minority leader of the house of representatives shall appoint to the
work group:
(A) One oil and gas operator with experience leasing property on state trust
lands; and
(B) One member who is an agricultural producer or representative of a
statewide agricultural organization.
(IV) The president of the senate shall appoint to the work group:
(A) One member with a background in outdoor equity;
(B) One representative from the renewable energy industry with experience
leasing renewable energy facilities on state trust lands;
(C) One representative of a hunting or angling organization; and
(D) One member with experience in the affordable housing sector.
(V) The majority leader of the senate shall appoint to the work group:
(A) One educational stakeholder representing rural schools;
(B) One representative of the mining industry with experience leasing
property on state trust lands; and
(C) One elected representative of a municipality.
(VI) The minority leader of the senate shall appoint to the work group:
(A) One oil and gas operator with experience leasing property on state trust
lands; and
(B) One member who is an agricultural producer or representative of a
statewide agricultural organization.
(VII) The governor shall appoint to the work group:
(A) One member with economic expertise related to issues the work group
will study;
(B) One representative of motorized recreation;
(C) One member with legal expertise, including knowledge of the state
constitution, fiduciary duties, and statutes governing the issues the work group will study; and
(D) One representative of nonmotorized recreation.
(VIII) The executive director of the department shall, through the Colorado
commission of Indian affairs created in section 24-44-102, present to the Ute Mountain Ute Tribe and the Southern Ute Indian Tribe on the work group and its objectives and invite the Ute Mountain Ute Tribe and the Southern Ute Indian Tribe to participate in the work group. The Ute Mountain Ute Tribe and the Southern Ute Indian Tribe may accept or decline the invitation to participate, and, if either tribe elects to participate, the tribe shall appoint a representative to serve on the work group.
(IX) The Colorado commission of Indian affairs created in section 24-44-102
shall appoint to the work group one member who is a member of the American Indian community in Colorado.
(c) The technical advisory members of the work group are:
(I) The commissioner of education or the commissioner's designee;
(II) The director of the division of parks and wildlife or the director's
designee;
(III) The director of the state board of land commissioners or the director's
designee;
(IV) The executive director of the department or the executive director's
designee;
(V) The commissioner of agriculture or the commissioner's designee;
(VI) The state historic preservation officer or the officer's designee;
(VII) The director of the outdoor recreation industry office created in section
24-48.5-129 (2) or the director's designee;
(VIII) The director of the Colorado tourism office created in section 24-49.7-103 (1), as appointed by the director of the office of economic development, or the
director's designee;
(IX) The state forester in the Colorado state forest service, as described in
section 23-31-302, or the state forester's designee; and
(X) The state historic preservation officer or the officer's designee.
Source: L. 2025: Entire section added, (HB 25-1332), ch. 184, p. 799, � 3,
effective August 6.
Cross references: For the legislative declaration in HB 25-1332, see section 1
of chapter 184, Session Laws of Colorado 2025.
C.R.S. § 36-2-105
36-2-105. Form of declaration of occupant. The declaration by an occupant of a tract or portion of the public domain, required by section 36-2-102, shall be substantially in the following form:
To all whom these presents may concern:
Know ye, That I, A.B., of ............, in the county of ............, in the state of
Colorado, do hereby declare and publish as a legal notice to all the world, that I have a valid right to the occupation, possession, and enjoyment of all and singular that tract or parcel of land, not exceeding one hundred and sixty acres, situate in the township of ............, in the county of .............., in the state of Colorado, bounded and described as follows:
(Here insert the description) together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining.
Witness my hand and seal, this ............ day of ............, 20 ........(To be subscribed
with the full first name and surname of the person making the application, and acknowledged in the same manner as a deed of real estate.)
Source: R.S. p. 532, � 5. G.L. � 2128. G.S. � 2678. R.S. 08: � 5124. C.L. � 1107.
CSA: C. 134, � 5. CRS 53: � 112-1-5. C.R.S. 1963: � 112-1-5. L. 73: p. 612, � 3.
Cross references: For acknowledgment of a deed of real estate, see article
35 of title 38.
C.R.S. § 37-1-102
37-1-102. Definitions. As used in articles 1 to 8 of this title, unless the context otherwise requires:
(1) Conservancy district means the districts created under articles 1 to 8 of
this title; and the bonds which may be issued under articles 1 to 8 of this title may be called conservancy bonds, and such designation may be engraved or printed on their face.
(2) Court means the district court of that judicial district of the state of
Colorado wherein the petition for the organization of a conservancy district shall be filed.
(3) (a) Land or property means real estate, as real estate is defined by
the laws of the state of Colorado, and shall embrace all railroads, tramroads, electric railroads, street and interurban railroads, highways, roads, streets and street improvements, telephone, telegraph, and transmission lines, gas, sewer, and water systems, water rights, pipelines, and rights-of-way of public service corporations, and all other real property whether held for public or private use.
(b) When land or property is used, with reference to benefits, appraisals,
assessments, or taxes, public corporations, as political entities, according to benefits received, shall be considered as included in such reference, in the same manner as land or property.
(4) Person means a person, firm, partnership, association, or corporation,
other than a county, town, city, or other political subdivision. Similarly, public corporation means counties, towns, cities, school districts, drainage districts, irrigation districts, water districts, park districts, and all governmental agencies clothed with the power of levying or providing for the levy of general or special taxes or special assessments.
(5) Publication means printing once a week for three consecutive weeks in
at least one newspaper of general circulation in each county wherein such publication is to be made. It shall not be necessary that publication shall be made on the same day of the week in each of the three weeks, but not less than fourteen days (excluding the day of the first publication) shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication.
Source: L. 22: p. 11, � 1. C.L. � 9515. CSA: C. 138, � 126. CRS 53: � 30-1-1.
C.R.S. 1963: � 29-1-1.
Cross references: For publication of legal notices, see part 1 of article 70 of
title 24.
C.R.S. § 37-21-113.5
37-21-113.5. Sale of district property. The board of directors of such drainage district has the power to sell and transfer by proper conveyance any real estate or personal property belonging to the district when, in the opinion of the board, such property is no longer needed by such district; except that no parcel of real estate with a fair market value of more than twenty-five thousand dollars shall be sold or transferred unless the question of the proposed sale or transfer is submitted to the qualified voters of the district at an election held thereon and is approved by a majority of the qualified voters of the district voting at such election. Such election shall be held in the same manner as an election for dissolution of the district pursuant to the provisions of article 29 of this title insofar as such provisions are practicable.
Source: L. 83: Entire section added, p. 1385, � 1, effective March 22.
C.R.S. § 37-22-102
37-22-102. Duties of treasurer. The treasurer shall collect, receive, and receipt for all moneys belonging to said drainage district. It is the duty of the county treasurer of each county in which any drainage district is located in whole or in part to collect and receipt for all assessments levied in the same manner and at the same time and upon the same receipt as is required in the collection of taxes upon real estate for county purposes.
Source: L. 11: p. 321, � 46. C.L. � 2154. CSA: C. 57, � 48. CRS 53: � 47-3-2.
C.R.S. 1963: � 47-3-2.
Cross references: For collection of taxes, see article 10 of title 39.
C.R.S. § 37-23-114
37-23-114. State tax laws to apply. (1) The laws of this state for the collection of general taxes including the laws for the sale of property for taxes and the redemption of the same, except as modified in this section, shall apply and have full force and effect for the purposes of articles 20 to 30 of this title 37, and the provisions of said articles for collecting the same shall be deemed for the purpose of carrying into effect the police powers granted to drainage districts for the construction and maintenance of drainage systems and shall not be construed as imposing a special tax under the taxing power. Before July 1, 2024, in case of a sale of any lot or parcel of land or any interest therein for delinquent drainage district taxes or delinquent drainage district and other taxes, and there are no bids therefor on any of the days of such tax sale, the same shall be struck off to the drainage district in which such land is located for the amount of the taxes, interest, and costs thereon, and a certificate of sale shall be made out to the district therefor and delivered to its secretary, who shall file the same in the office of its board of directors and record the same in a book of public record to be kept by said board for such purpose, but no charge shall be made by the county treasurer for making such certificate, and in such case the county treasurer shall make an entry on the treasurer's records struck off to .............. drainage district as well as an entry showing the amount of the taxes and interest thereon for which said lands were offered for sale, together with the cost attending such sale. No taxes assessed against any land so struck off to said district under the provisions of this section shall be payable until the same has been derived by the district from the sale or redemption of such lands.
(2) Before July 1, 2024, such drainage district or its assignee shall be entitled
to a tax deed for said lands, in the same manner and subject to the same equities as if a private purchaser at said tax sale, upon the payment to the county treasurer at the time of demanding said deed of such sum as the board of county commissioners of such county at any regular or special meeting may decide for the payment of any delinquent general taxes, and if said deed is demanded by any assignee of the drainage district, then such assignee shall also pay to the county treasurer such additional amount as may be specified by the board of directors of the drainage district, as payment for any delinquent drainage district taxes.
(3) Before July 1, 2024, in case the owner of said lot or parcel of land, or
interest therein, desires to redeem the same at any time before said tax deed is issued, the same may be done in the same manner as provided by law, in case said lot or parcel of land, or interest therein, has been purchased by a bidder at said tax sale or has been struck off to the county, and in such case the county treasurer shall forthwith issue a certificate of redemption therefor and notify the secretary of said fact, who shall thereupon make a suitable transfer entry upon the secretary's record aforesaid and return the certificate of sale to the county treasurer for cancellation.
(4) Before July 1, 2024, in case any person desires to obtain such certificate
of purchase so issued to said drainage district, the same may be done in the same manner as provided by law in case said lot or parcel of land, or interest therein, had been purchased by a bidder at said tax sale or had been struck off to the county, upon payment to the county treasurer of the required amount in cash, or in cash together with warrants not in excess of the drainage district and redemption fund tax, or in cash and in warrants and bonds and coupons respectively, not in excess of said respective funds.
(5) Before July 1, 2024, after any certificate of sale or tax deed has been
issued to any drainage district, such drainage district or any assignee thereof may at any time commence an action in the district court in the county wherein the major portion of said drainage district lies, for the purpose of determining the validity of said tax sale. Such action shall be conducted in the same manner as an action to quiet title to real estate under the laws of the state; and after the final determination of such action, the validity of the taxes for which the property was sold and the legality of the proceedings taken in the sale of the property involved shall be incontestable between all persons and parties whatsoever.
(6) Notwithstanding any law to the contrary, on or after July 1, 2024, a
drainage district, an assignee of a drainage district, a holder of a certificate of purchase, or a county treasurer shall follow the procedures established in article 11.5 of title 39 and shall not follow the procedures established in this section, sections 37-23-115 to 37-23-118, or article 11 of title 39 concerning the issuance of a tax deed. Notwithstanding any law to the contrary, on or after July 1, 2024, a lot or parcel of land shall not be struck off to a drainage district and a county treasurer shall not issue a certificate of sale, certificate of purchase, or tax deed pursuant to this section or article 11 of title 39 to the extent such actions would be inconsistent with the requirements of article 11.5 of title 39.
Source: L. 11: p. 323, � 58. L. 21: p. 275, � 1. C.L. � 2172. CSA: C. 57, � 66. CRS
53: � 47-4-14. C.R.S. 1963: � 47-4-14. L. 2024: Entire section amended, (HB 24-1056), ch. 165, p. 802, � 7, effective July 1.
Cross references: For collection of taxes and tax sales, see articles 10 and 11
of title 39.
C.R.S. § 37-31-156
37-31-156. Sale of district property. The board of directors of said drainage district has the right to sell and transfer by proper conveyance any real estate or personal property belonging to said district when in the opinion of said board such property is no longer needed by the said district.
Source: L. 23: p. 304, � 57. CSA: C. 57, � 183. CRS 53: � 47-12-57. C.R.S.
1963: � 47-12-57.
C.R.S. § 37-41-109
37-41-109. District treasurer - duties - county treasurer to collect district assessments. (1) (a) The district treasurer, who shall be appointed by the board of directors, may collect, receive, and receipt for all money belonging to the district; except that district assessments shall be collected by the county treasurer pursuant to section 39-10-101 and distributed to the district treasurer pursuant to section 39-10-107.
(b) It is the duty of the county treasurer of each county in which the district is
located in whole or in part to collect and receipt for all assessments levied as provided in section 37-41-123 in the same manner and at the same time and on the same receipt as is required in the collection of taxes upon real estate for county purposes. The district treasurer shall be responsible for making payments toward warrants drawn against the general fund and for making payments toward interest coupons or bonds maturing within the tax year.
(2) The county treasurer shall remit to the district treasurer all money
collected or received by the county treasurer on account of the district in accordance with section 39-10-107. Every district treasurer shall keep a bond fund account and a general fund account. The bond fund account shall consist of all money received on account of interest and principal of bonds issued by the district. The accounts for interest and principal must be kept separate. The general fund consists of all money or general fund warrants received by the collection of assessments or otherwise. The district treasurer shall pay out of the bond fund, when due, the interest and principal of the bonds of the district at the time and place specified in the bonds and shall pay out of the general fund only upon the order of the district, signed by the president and countersigned by the secretary of the district. The district treasurer, on the fifteenth day of each month, shall report to the secretary of the district the amount of money possessed by the district to the credit of the bond fund and the general fund, the amount of warrants paid during the previous month, and the amount of registered warrants, if any. District assessments collected and paid to the county treasurers shall be received in the official capacity of the county treasurers, and the county treasurers shall be responsible for the safekeeping, disbursement, and payment of the district assessments in the same manner as for other money collected by the county treasurers.
Source: L. 05: p. 260, � 21. L. 07: p. 490, � 3. R.S. 08: � 3460. L. 17: p. 306, �
-
L. 19: p. 483, � 1. C.L. � 1998. CSA: C. 90, � 398. CRS 53: � 149-1-22. C.R.S. 1963: � 150-1-22. L. 2023: Entire section amended, (SB 23-057), ch. 53, p. 189, � 5, effective January 1, 2024.
Cross references: For failure of county treasurers to perform duties, see � 30-10-726.
C.R.S. § 37-41-121
37-41-121. Assessor - assessment. (1) It is the duty of the county assessor of any county embracing the whole or a part of any irrigation district to assess and enter upon his records as assessor in its appropriate column the assessment of all real estate, including public lands subject to assessment under the act of congress of August 11, 1916, exclusive of improvements, situate, lying, and being within any irrigation district in whole or in part of such county. Immediately after said assessment has been extended as provided by law, the assessor shall make returns of the total amount of such assessment to the board of county commissioners of the county in which the office of said district is located. All lands within the district, for the purpose of taxation under this article, shall be valued by the assessor at the same rate per acre; but in no case shall any land be taxed, or subject to taxation, for irrigation district purposes under this article, or under any other law relative to irrigation districts, which, by reason of location or the broken uneven surface, or unsuitable character or quality of the soil, is unsuitable for irrigation and cultivation, or which, from any natural cause, is not capable of irrigation and cultivation, except at a financial loss, nor shall tracts of land of one acre or less be taxed for irrigation purposes if the board of directors of the irrigation district has fixed an amount payable for each of said tracts. If the amount of water available from the water system of the irrigation district is wholly insufficient for the successful growing and maturing of crops on the entire acreage of lands within the district and susceptible of irrigation therefrom, that fact may be alleged and, upon being established by proofs, shall entitle the owner of lands that have never been cultivated and irrigated from the water system of such irrigation district to the relief provided for in this article.
(2) In all cases where any such land is included in any irrigation district under
any law relative to irrigation districts and assessed for irrigation district purposes, it may be excluded from such irrigation district and relieved from such assessments for irrigation district purposes by order of the board of directors of the irrigation district, upon written petition of the owner, verified as pleadings are required to be verified. The petition shall state the grounds upon which the relief is asked and shall also show that the land has never been cultivated and irrigated and is incapable of cultivation by irrigation from the irrigation system of the irrigation district, and that the petitioner did not participate in the organization of the districts; and, upon hearing before the board of directors on such petition, the allegations thereof must be supported by evidence. Notice of the filing of such petition and of the time and place of hearing thereon shall be given for the length of time and in the manner as provided in section 37-41-144.
(3) The action of the board of directors upon such petitions, as well as the
action of the board of county commissioners in including such land in such irrigation district and the subsequent taxing of such lands for irrigation district purposes, shall be subject to review and correction by any court of competent jurisdiction, but the owner of any such land shall be deemed to have waived, relinquished, and lost his right to relief under this section as to such land or such portion of it as he has cultivated and irrigated from the irrigation system of such irrigation district; where a contract has been entered into between the United States and any irrigation district, the district boundaries shall not be changed, nor shall lands be exempted from taxation except upon written consent of the secretary of the interior filed with the official records of the district, nor in case of such a contract shall the foregoing provisions of this section requiring the assessor to value all lands within such district at the same rate per acre be applicable, but in such case the county assessor shall assess such district land in accordance with the certificate provided for in section 37-41-120 and in compliance with the terms of such contract between the United States and the district.
(4) Notwithstanding any provision of this article 41 to the contrary, in
addition to the amount described in section 30-1-102 (1)(p), the county treasurer shall receive five dollars per tract assessed pursuant to section 37-41-120 for loans issued to landowners pursuant to section 37-41-113 (9), and this five dollars shall be assessed against each participating tract.
Source: L. 05: p. 259, � 19. R.S. 08: � 3458. L. 15: p. 304, � 1. L. 17: p. 303, � 9.
C.L. � 1995. L. 25: p. 323, � 1. CSA: C. 90, � 395. CRS 53: � 149-1-19. L. 63: p. 1001, � 2. C.R.S. 1963: � 150-1-19. L. 2022: (4) added, (HB 22-1092), ch. 84, p. 408, � 6, effective August 10.
C.R.S. § 37-41-123
37-41-123. Special tax levy. (1) It is the duty of the board of county commissioners of the county in which is located the office of any irrigation district, immediately upon receipt of the returns of the total assessment of said district and upon the receipt of the certificates of the board of directors certifying the total amount of money required to be raised, to fix the rate of levy necessary to provide said amount of money and to fix the rate necessary to provide the amount of money required to pay the interest and principal of the bonds of said district as the same shall become due; to fix the rate necessary to provide the amount of money required for any other purposes as provided in this article and which is to be raised by the levy of assessments upon the real property of said district; and to certify said respective rates to the board of county commissioners of each county embracing any portion of said district. The rate of levy necessary to raise the required amount of money on the valuation for assessment of the property of said district shall be increased fifteen percent to cover delinquencies.
(2) For the purposes of said district it is the duty of the board of county
commissioners of each county in which any irrigation district is located in whole or in part, at the time of making levy for county purposes, to make a levy at the rates above specified upon all real estate in said district within their respective counties and, in case of contract with the United States, in the amounts and on the tracts as fixed and certified by the board of directors as prescribed in section 37-41-120. If the board of directors of an irrigation district has certified the amount payable for any tract of one acre or less, it is the duty of the board of county commissioners of each county in which the irrigation district is located, in whole or in part, also to levy such amount against each of such tracts. All taxes levied under this article are special taxes.
Source: L. 05: p. 260, � 20. R.S. 08: � 3459. L. 17: p. 305, � 10. C.L. � 1997.
CSA: C. 90, � 397. CRS 53: � 149-1-21. L. 63: p. 1002, � 3. C.R.S. 1963: � 149-1-21.
Cross references: For procedure to increase tax levy beyond statutory limits,
see � 29-1-302.
C.R.S. § 37-41-124
37-41-124. Assessment - collection - redemption - deed. (1) The revenue laws of this state for the assessment, levying, and collection of taxes on real estate for county purposes, as modified in this section, shall be applicable for the purposes of this article 41, including the enforcement of penalties and forfeiture for delinquent taxes. Before July 1, 2024, however, in case of sale of any lot or parcel of land, or any interest therein, for delinquent irrigation district taxes or delinquent irrigation district and general taxes, when there are no bids therefor on any of the days of such tax sale, the same shall be struck off to the irrigation district in which such land is located for the amount of the taxes, interest, and costs thereon, and a certificate of sale shall be made out to said district therefor and delivered to its secretary, who shall file the same in the office of its board of directors and record the same in a book of public record to be kept by said board for such purpose, but no charge shall be made by the county treasurer for making such certificate, and in such case the county treasurer shall make the entry struck off to .............. irrigation district on the treasurer's records, as well as an entry showing the amount of the general irrigation district taxes and interest thereon, respectively, for which said lands were offered for sale, together with the cost attending such sale.
(2) Before July 1, 2024, no taxes assessed against any land so struck off to
said district under the provisions of this section shall be payable until the same has been derived by the district from the sale or redemption of such lands. Such irrigation district or its assignee shall be entitled to a tax deed for said lands in the same manner and subject to the same equities as if a private purchaser at said tax sale, upon the payment to the county treasurer at the time of demanding said deed of such sum as the board of county commissioners of such county at any regular or special meeting may decide.
(3) Before July 1, 2024, in case the owner of said lot or parcel of land, or
interest therein, desires to redeem the same at any time before said tax deed shall be issued, the same may be done in the same manner as is provided by law to be done, in case said lot or parcel of land, or interest therein, had been purchased by a bidder at said tax sale or had been struck off to the county. In such case the county treasurer shall forthwith issue a certificate of redemption therefor and notify the district secretary of said fact, who shall thereupon make a suitable transfer entry upon the secretary's record and return the certificate of sale to the county treasurer for cancellation.
(4) Before July 1, 2024, in case any person desires to obtain such certificate
of purchase so issued to said irrigation district, the same may be done in the same manner as provided by law to be done in case said lot or parcel of land, or interest therein, had been purchased by a bidder at said tax sale or had been struck off to the county, upon payment to the county treasurer of the required amount in cash, or in cash together with warrants not in excess of the district general fund tax, or in cash and interest coupons or bonds not in excess of the irrigation district and redemption fund tax, or in cash and in warrants and bonds, respectively, not in excess of said respective funds.
(4.5) Notwithstanding any law to the contrary, on or after July 1, 2024, an
irrigation district, an assignee of an irrigation district, a holder of a certificate of purchase, or a county treasurer shall follow the procedures established in article 11.5 of title 39 and shall not follow the procedures established in this section or article 11 of title 39 concerning the issuance of a tax deed. Notwithstanding any law to the contrary, on or after July 1, 2024, a lot or parcel of land shall not be struck off to an irrigation district and a county treasurer shall not issue a certificate of sale, certificate of purchase, or tax deed pursuant to this section or article 11 of title 39 to the extent such actions would be inconsistent with the requirements of article 11.5 of title 39.
(5) No action for possession of or to quiet title to land sold for taxes shall lie
on behalf of the owner or claimant of the fee title as against the holder of the tax deed or his grantee claiming title or color of title thereunder in any case wherein the taxes or any part thereof for which said land was sold were levied for the maintenance, operating, and current expenses of an irrigation district or to pay the interest or principal of the bonds of such district, unless such action is brought within five years after the execution and delivery of the deed by the treasurer and the recording thereof, any law to the contrary notwithstanding. As a condition precedent to the right of such owner or claimant of the fee title to maintain his said suit for possession or to quiet title as against the person in possession under color of title, or as against the claimant of title to vacant and unoccupied land under a tax deed giving color of title to lands in an irrigation district, the plaintiff, at the time of filing his complaint, shall pay to the clerk of the court in which such proceedings are instituted, for the benefit of and to be paid to the person entitled thereto in case the plaintiff prevails in such suit, the amount of all taxes, interest, expenses, and penalties, including the amount of subsequent taxes paid on account of such sale which may have been paid thereunder, with interest on the whole of such sum at eight percent per annum.
(6) In any case in which the claimant has title or color of title to land in an
irrigation district under a tax deed duly recorded, and brings his suit for possession of or to quiet title to such lands, the invalidity or alleged invalidity or insufficiency of the tax deed shall not be a sufficient defense after the expiration of five years from and after the execution, delivery, and record of said tax deed, nor, if such defense is pleaded prior to the expiration of said five years, shall the invalidity or insufficiency of the tax deed be considered by the court as a defense, unless defendant shall first deposit with the clerk of the court in which said suit is brought, a sufficient amount to pay the taxes, interest, expenses, and penalties, including the amount of subsequent taxes and interest at eight percent per annum, paid on account of such tax sale, for the benefit of and to be paid to the person entitled thereto, when ascertained by the judgment in said suit.
Source: L. 05: p. 262, � 22. R.S. 08: � 3461. L. 15: p. 315, � 1. C.L. � 1999. CSA:
C. 399, CRS 53: � 149-1-23. C.R.S. 1963: � 150-1-23. L. 2024: (1), (2), (3), and (4) amended and (4.5) added, (HB 24-1056), ch. 165, p. 805, � 12, effective July 1.
C.R.S. § 37-42-128
37-42-128. Collection of assessments.
(1) Repealed.
(2) It is the duty of the county treasurer of any county wherein is located the
whole or any part of an irrigation district to collect and receipt for all irrigation district assessments levied. The revenue laws of this state for the assessment, levying, and collection of taxes on real estate for county purposes, except as modified in this article, shall be applicable for the purposes of this article, including the enforcement of penalties and forfeitures for delinquent assessments, and, in the collection and enforcement of irrigation district assessments, the county treasurer is authorized to issue such instruments and do such acts at such times, in the same manner and with like effect, as authorized by the general revenue laws concerning such taxes upon real estate for county purposes.
(3) Repealed.
(4) The county treasurer of each county comprising all or a portion only of an
irrigation district shall remit to the district treasurer all money collected or received by him or her on account of the district.
(5) Repealed.
(6) The district treasurer shall report monthly to the board of directors of the
district the amount of money in the district accounts, the amount of money paid from the district accounts during the previous month, and an account of bonds retired or United States contract payments made, if any.
(7) The county treasurer shall receive in the county treasurer's official
capacity all district assessments collected and paid to the county treasurer, and the county treasurer is responsible for the safekeeping, disbursement, and payment of such assessments as well as other money collected by the county treasurer. The county treasurer shall receive for the collection of such assessments such amount as provided in section 30-1-102; except that the treasurer shall receive five dollars per tract assessed pursuant to section 37-42-125 (3) for loans issued to landowners pursuant to section 37-42-113 (5), and this five dollars shall be assessed against each participating tract. Any assessment collected and paid to the county treasurer for districts that are defunct or have not been in operation for five or more years shall be transferred by the county treasurer to the county general fund.
Source: L. 21: p. 542, � 28. C.L. � 2084. CSA: C. 90, � 459. CRS 53: � 149-2-28. C.R.S. 1963: � 150-2-28. L. 71: p. 330, � 14. L. 73: p. 1531, � 1. L. 2017: (1), (3), and
(5) repealed and (4) and (6) amended, (HB 17-1030), ch. 16, p. 51, � 9, effective August 9. L. 2022: (7) amended, (HB 22-1092), ch. 84, p.406, � 3, effective August 10. L. 2023: (7) amended, (SB 23-057), ch. 53, p. 190, � 6, effective January 1, 2024.
Cross references: For collection of taxes, see article 10 of title 39.
C.R.S. § 37-43-149
37-43-149. Collection of taxes. Taxes for the payment of interest and principal of said refunding bonds shall be levied and thereafter collected in the same manner as provided by law for the levy and collection of taxes for the payment of interest and principal of an original issue of irrigation district bonds. Such bonds and coupons shall be receivable in payment of said taxes, as is provided in the irrigation district law concerning original bond issues. All taxes for interest shall be kept by the county treasurer as a special fund to be used in the payment of interest only, and all taxes for the redemption of such refunding bonds shall be kept by such county treasurer as a special fund to be used for the redemption of the principal only of such refunding bonds. The revenue laws of this state for the assessment, levying, and collection of taxes on real estate for county purposes and the disbursement of such taxes, except as modified by sections 37-43-144 to 37-43-151 or by the irrigation district laws of this state, shall be applicable for the purposes of sections 37-43-144 to 37-43-151, including the enforcement of penalties and forfeitures for delinquent taxes; but if in any year a sufficient amount is not collected for payment in full of principal or interest installments falling due in such year on any specific piece of property in said irrigation district, the delinquency on such property shall be included in the next assessment thereafter levied against said piece of property.
Source: L. 35: p. 675, � 6. CSA: C. 90, � 526. CRS 53: � 149-3-48. C.R.S.
1963: � 150-3-48.
Cross references: For collection of taxes, see article 10 of title 39.
C.R.S. § 37-43-205
37-43-205. Special assessment. (1) (a) To the extent that the expenses of the operation and the maintenance of salinity control laterals are in excess of annual reimbursements payable to a contracting district by the United States under a salinity control contract, the contracting district may levy special assessments upon real estate within the contracting district which is entitled to receive water through the salinity control laterals. The special assessments shall be made as provided in this article. The laws of this state relating to the review, correction, collection, and enforcement of other district taxes shall apply to the special assessment; except that revenue derived from each such special assessment shall be excluded in the year in which such assessment is first levied in computing the limitations specified in part 3 of article 1 of title 29, C.R.S.
(b) The board of directors of a contracting district shall provide and certify a
description of the real estate within the contracting district and within the county which the board determines to be entitled to receive water through salinity control laterals. The assessor shall assess and enter upon his records the assessed valuation of all real estate, including public lands subject to assessment under the act of the United States congress of August 11, 1916, exclusive of improvements, which is within the contracting district and served by the salinity control laterals. Such assessment shall be based upon values at the same rate per acre. Tracts of land of one acre or less shall not be assessed if the board of directors of the contracting district has otherwise fixed the amount to be paid by each tract of one acre or less.
(c) Immediately after assessment has been made, the assessor shall make a
return to the board of county commissioners of the county in which the contracting district's office is located of the total amount of assessed valuation of the real estate served by salinity control laterals within the contracting district and, if the board of directors of the contracting district has specified a fixed amount for tracts of one acre or less, the number of such tracts in the area served by such laterals within the contracting district. The board of directors of the contracting district shall certify to the board of county commissioners of the county in which the contracting district's office is located the total amount of the special assessment and the amount, if any, payable by tracts of one acre or less. The board of directors of the contracting district may include in the special assessment an amount of up to fifteen percent of the expenses of operation and maintenance not reimbursed under a salinity control contract to cover delinquencies.
(d) Upon receipt of the returns of the total assessment of the contracting
district and receipt of the certification from the board of directors of the contracting district, the board of county commissioners shall levy the special assessment upon all tracts of land of one acre or less in the amount established by the board of the contracting district, if any, and shall fix the rate of levy necessary to provide the balance of the special assessment certified by the board of directors of the contracting district. The board of county commissioners of the county in which the contracting district's office is located shall certify the rates thus established to the board of county commissioners of each county in which any portion of real estate served by the salinity control laterals is located, and such boards shall make the levy, at the rate specified, upon the lands in their respective counties.
(2) In lieu of the special assessment taxes specified in subsection (1) of this
section, a contracting district may charge and collect toll charges for deliveries of water through salinity control laterals to obtain additional funds to defray operation and maintenance expenses of such laterals not reimbursed under a salinity control contract. The board of directors of a contracting district may, from time to time, establish schedules of such toll charges based upon a reasonable apportionment, as determined by the board, among the users deriving water through such salinity control laterals. Deliveries of water may be suspended or withheld from a water user who is delinquent in payment of toll charges.
Source: L. 88: Entire part added, p. 1228, � 1, effective April 6.
C.R.S. § 37-44-124
37-44-124. District treasurer. (1) (a) The district treasurer shall be liable upon the district treasurer's official bond and to indictment and criminal prosecution for malfeasance, misfeasance, or failure to perform any duty prescribed in this article 44 as district treasurer. The district treasurer may collect, receive, and receipt for all money belonging to the district; except that district assessments shall be collected by the county treasurer pursuant to section 39-10-101 and distributed to the district treasurer pursuant to section 39-10-107.
(b) It is the duty of the county treasurer of each county in which the district is
located, in whole or in part, to collect and receipt for all assessments levied in the same manner and at the same time and on the same receipt as is required in the collection of taxes upon real estate for county purposes. The county treasurer of each county comprising a portion only of the district shall remit to the district treasurer all money theretofore collected or received by the county treasurer on account of the district in accordance with section 39-10-107. Every district treasurer shall keep a bond fund account and a general fund account. The bond fund account shall consist of all money received on account of interest and principal of bonds issued by the district, and accounts for interest and principal shall be kept separate. The general fund shall consist of all other money received by the collection of assessments or otherwise.
(2) The district treasurer shall pay out of said bond fund when due the
interest and principal of the bonds of said district at the time and place specified in said bonds and shall pay out of the said general funds only upon the order of the board of directors, signed by the president and countersigned by the secretary of the district. The district treasurer on the fifteenth day of each month shall report to the secretary of the district the amount of money in his hands to the credit of the respective funds showing the amount of warrants and bonds paid during the previous month and the amount of warrants registered, if any. All such district assessments collected and paid to the county treasurers shall be receipted for by said treasurers in their official capacity, and they shall be responsible for the safekeeping and disbursement and payment thereof the same as for other moneys collected by them as treasurers. Each county shall receive for the collection of such taxes such amount as the board of directors may allow, to be not less than twenty-five dollars nor more than one hundred dollars per year, but the board of directors may allow such an additional amount to the county in which the office of the district is located, such additional compensation, as it may determine in any event, not to exceed the sum of five hundred dollars per year.
Source: L. 23: p. 507, � 22. CSA: C. 138, � 38. CRS 53: � 149-5-22. C.R.S.
1963: � 150-4-22. L. 2023: (1) amended, (SB 23-057), ch. 53, p. 192, � 11, effective January 1, 2024.
C.R.S. § 37-44-137
37-44-137. Collection of assessments. The revenue laws of this state for the assessment and collection of taxes on real estate for county purposes, except as modified by this article, shall be effective for the purposes of this article, including the enforcement of penalties and forfeitures for delinquent taxes.
Source: L. 23: p. 513, � 35. CSA: C. 138, � 51. CRS 53: � 149-5-35. C.R.S.
1963: � 150-4-35.
Cross references: For the assessment and collection of property taxes, see
articles 1 to 14 of title 39.
C.R.S. § 37-45-103
37-45-103. Definitions. As used in this article 45, unless the context otherwise requires:
(1) Acre-foot or acre-feet may be substituted by any other commonly
used unit for the measurement of water when appropriate.
(2) Board means the board of directors of the district.
(3) Court means the district court of that judicial district of the state of
Colorado wherein the petition for the organization of a water conservancy district shall be filed.
(4) (a) Elector means a person who, at the designated time or event, is
qualified to vote in general elections in this state, and:
(I) Who is a resident of the district or the area to be included in the district; or
(II) Who or whose spouse or civil union partner owns taxable real or personal
property within the district or the area to be included in the district.
(b) A person who is obligated to pay general taxes under a contract to
purchase real property within the district shall be considered an owner within the meaning of this subsection (4). The payment of a specific ownership tax pursuant to law shall not qualify a person as an elector. Taxable property means real or personal property subject to general ad valorem taxes.
(c) For all elections and petitions that require ownership of real property or
land, the ownership of a mobile home or manufactured home as defined in section 38-12-201.5 (5), 5-1-301 (29), or 42-1-102 (48.8) is sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.
(5) Land or property is used in this article with reference to benefits,
appraisals, assessments, or taxes, as political entities, according to benefits received, and public corporations shall be considered as included in such reference in the same manner as land or property.
(6) Land or real estate means real estate, as real estate is defined by
the laws of the state of Colorado, and embraces all railroads, tramroads, electrical roads, street and interurban railroads, highways, roads, streets and street improvements, telephone, telegraph, and transmission lines, gas, sewer and water systems, water rights, pipelines, and rights-of-way of public service corporations, and all other real property whether held for public or private use.
(7) Person means a person, firm, partnership, association, or corporation,
other than a county, town, city, city and county, or other political subdivision. Similarly, public corporation means counties, city and counties, towns, cities, school districts, irrigation districts, water districts, park districts, subdistricts, and all governmental agencies, clothed with the power of levying or providing for the levy of general or special taxes or special assessments.
(8) Property means real estate and personal property.
(9) Publication means once a week for three consecutive weeks in at least
one newspaper of general circulation in each county wherein such publication is to be made. It shall not be necessary that publication be made on the same day of the week in each of the three weeks, but not less than fourteen days, excluding the day of the first publication, shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication.
(10) Works means dams, storage reservoirs, compensatory and
replacement reservoirs, canals, conduits, pipelines, tunnels, power plants, and any and all works, facilities, improvements, and property necessary or convenient for the supplying of water for domestic, irrigation, power, milling, manufacturing, mining, metallurgical, and all other beneficial uses.
Source: L. 37: p. 1311, � 2. CSA: C. 173B, � 16. CRS 53: � 149-6-2. L. 61: p. 843,
� 1. C.R.S. 1963: � 150-5-2. L. 70: p. 436, � 1. L. 71: p. 1347, � 1. L. 82: (4)(d) added, p. 546, � 8, effective April 15. L. 90: (4) amended, p. 1849, � 49, effective May 31. L. 94: (4)(c) amended, p. 706, � 12, effective April 19; (4)(c) amended, p. 2567, � 83, effective January 1, 1995. L. 2001: (4)(c) amended, p. 1277, � 47, effective June 5. L. 2016: (4)(a)(I) and (4)(a)(II) amended, (SB 16-142), ch. 173, p. 592, � 80, effective May 18. L. 2020: IP and (4)(c) amended, (HB 20-1196), ch. 195, p. 928, � 20, effective June 30. L. 2022: (4)(c) amended, (SB 22-212), ch. 421, p. 2985, � 83, effective August 10.
Editor's note: Amendments to subsection (4)(c) by Senate Bill 94-092 and
Senate Bill 94-001 were harmonized.
C.R.S. § 37-45-127
37-45-127. Objections to assessments - appeal. (1) Prior to October 1 of each year in which assessments are made, the board shall appoint a time and place where it will meet within the district for the purpose of hearing objections to assessments, and prior notice of such hearing shall be given by publication in two issues, a week apart, in some newspaper of general circulation published in each county; except that, if there is any county in the district in which there is no newspaper published, such notice shall be published in an adjoining county. Said notice shall notify the owners of property in the district that in the secretary's office may be found and examined a description of the property so assessed, the amount of the assessment thereon fixed by the board, and the time and place fixed by the board for the hearing of objections to such assessments. It shall not be necessary for said notice to contain separate descriptions of the lots or tracts of real estate, but it is sufficient if the notice contains such descriptions as will inform the owner whether or not his real estate is covered by such descriptions, and to inform the owner where can be found of record the amount of assessments.
(2) If, in the opinion of any person whose property is assessed, his property
has been assessed too high, or has been erroneously or illegally assessed, at any time before the date of such hearing, he may file written objections to such assessments, stating the grounds of such objections, which statement shall be verified by the affidavit of said person or his agent. In such hearing the board shall hear such evidence and arguments as may be offered concerning the correctness or legality of such assessment and may modify or amend the same.
(3) Any owner of property desiring to appeal from the findings of the board
as to assessment, within thirty days from the finding of the board, shall file with the clerk of the court a written notice making demand for trial by the court. The appellant at the same time shall file a bond with good and sufficient security to be approved by the clerk of said court in a sum not exceeding two hundred dollars to the effect that, if the finding of the court is not more favorable to the appellant than the finding of the board, the appellant shall pay the cost of the appeal. The appellant shall state definitely from what part of the order the appeal is taken. In case more than one appeal is taken, upon its showing that the same may be consolidated without injury to the interests of anyone, the court may consolidate and try the same together.
(4) The court shall not disturb the findings of the board unless the findings of
the board in any case are manifestly disproportionate to the assessments imposed upon other property in the district created under this article. The trial shall be to the court, and the matter shall take precedence before the court and shall be taken up as promptly as may be after the appeal is filed. If no appeal is taken from the findings of the board within the time prescribed in this section, or after the findings of the court in case an appeal is taken from the findings of the board, then the assessment shall be final and conclusive evidence that said assessments have been made in proportion to the benefits conferred upon the property in said district by reason of the improvements to be constructed under the provisions of this article, and such assessments shall constitute a perpetual lien upon such property so assessed until paid.
Source: L. 37: p. 1342, � 21. CSA: C. 173B, � 35. CRS 53: � 149-6-22. C.R.S.
1963: � 150-5-22.
C.R.S. § 37-46-102
37-46-102. Definitions. As used in this article, unless the context otherwise requires:
(1) Colorado river is construed to embrace and include any tributaries or
streams which flow into the Colorado river which may be found in any part of the territory embraced in said district.
(2) District means the Colorado River Water Conservation District. The
district is a body corporate and politic and a political subdivision of the state of Colorado.
(3) Person means a person, firm, partnership, association, or corporation.
(4) Property, as used in sections 37-46-109 (1), 37-46-109.3, 37-46-126 (1),
and 37-46-126.2 to 37-46-126.6, includes both real and personal property. In other parts of said article relating to special assessments, unless otherwise specified, it means real estate as the words real estate are defined by the law of the state of Colorado and embraces all railroads, tramroads, electric railroads, state and interurban railroads, highways, telephone, telegraph, and transmission lines, water systems, water rights, pipelines, and rights-of-way of public service corporations, and all other real property, whether held for public or private use.
(5) Subdistrict or subdivision includes the kind or character of special
improvement districts created under this article, including subdistricts organized under the name and style of Water Users' Association No. .... of the Colorado River Water Conservation District and Special Improvement District No. .... of the Colorado River Water Conservation District. A subdistrict or subdivision is a body corporate and politic and a political subdivision of the state of Colorado. A subdistrict or subdivision does not have regulatory authority over a water conservation district, water conservancy district, irrigation district, or other water user outside its geographic boundaries; however, a subdistrict or subdivision may enter into a voluntary contract, stipulation, or other agreement with a water conservation district, water conservancy district, irrigation district, or other water user outside its geographic boundaries.
Source: L. 37: p. 1025, � 25. CSA: C. 138, � 199(25). CRS 53: � 149-8-25.
C.R.S. 1963: � 150-7-25. L. 77: (2) and (5) amended, p. 1638, � 1, effective June 9. L. 79: (4) amended, p. 1355, � 1, effective May 31. L. 2016: (5) amended, (SB 16-145), ch. 281, p. 1150, � 1, effective August 10.
C.R.S. § 37-46-109
37-46-109. Authority of board to levy taxes. (1) (a) In addition to other means of providing revenue for the district, the board of directors has the power to fix the amount of an assessment upon the property within the district, not to exceed two and one-half mills for every dollar of valuation for assessment therein as a level or general levy to be used for the purpose of paying the expenses of organization, for surveys and plans, to pay the salaries of officers and the per diem allowed to directors and their expenses, for the costs and expenses of construction or partial construction of any project designed or intended to accomplish the utilization of water, by storage or otherwise, for any beneficial uses or purposes, and for other incidental expenses which may be incurred in the administration of the affairs of the district.
(b) and (c) Repealed.
(d) Upon the receipt of any proceeds of a tax levy made under paragraph (a)
of this subsection (1), if any items of expense have already been paid in whole or in part from any other sources by the district, they may be repaid from receipts of such levy. Such levy may be made, although the work proposed or any part thereof may have been found impractical or for other reasons abandoned. The collection of data and the payment of expenses therefor, including the compensation of engineers and attorneys and clerical assistants, to conserve the water of the district and to enable the district to adopt plans and projects for the orderly development of the district are hereby declared to be a matter of general benefit to the public welfare and such that taxes for said purposes may be properly imposed in the opinion of the general assembly.
(e) If this subsection (1) or any clause, phrase, or part thereof is held
unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the validity or force of any other part of this section or any other part of this law, and the general assembly hereby declares it would have enacted the remainder of this article without this subsection (1).
(2) The board of said district may, in lieu of the level or general tax
authorized by subsection (1) of this section, levy special assessments upon all real estate within the district, except such real estate as is exempted in this article, to raise funds to pay expenses of organization, salaries, expenses, and per diem allowances of officers and directors and to prepare a general plan for the maintenance of constant streamflow and adequate water supplies in all the principal tributaries and the main stream of the Colorado river in said district and provide for future development of the district and ensure water therefor. Such assessments shall be made in proportion to the benefits to each piece of real estate accruing by reason of the adoption of a comprehensive plan of development of the natural resources of the district as a whole. The board of directors, if it deems it advisable at any time before levying special assessments, shall appraise the benefits to the several parcels of real estate within the district which shall result from the organization of said district and the general plans and development aforesaid. The board may adopt rules for such purpose and provide inter alia for notice and hearing to all persons affected thereby. A permanent record, arranged by counties, of the benefits which will accrue to each tract of land shall be kept, and such benefits shall be apportioned over a series of years, the amount to be collected each year to be in the discretion of the board; but the amount of such assessment to be levied and assessed against the real property in said district in any one year shall not exceed a total of seventy-five hundred dollars, and it is hereby declared that the amount of special benefits accruing annually to the real estate in said district is in excess of such amount. All property owned by the state, counties, cities, towns, school districts, or other governmental agencies shall be exempt from taxation or special levies under this article.
(3) Prior to October 15 of each year in which an assessment is made, the
board of directors shall appoint a time and place where it will meet within the district for the purpose of hearing objections to assessments at least thirty days prior to the dates so appointed. Notice of such hearing shall be given by posting a notice thereof at or near the door of the treasurer's office in each county in said district and by publishing said notice in a legal newspaper not less than three consecutive times within a period of thirty days, immediately prior to the hearing. The notice posted in each county shall be sufficient if it pertains to the property subject to assessment in said county only and need not contain the description of, or any reference to, property situated in other counties also affected by such assessment. The notice shall contain a description of the real estate so assessed in the county in which said notice is posted and published, the amount of the assessment fixed by the board, and the time and place fixed by the board for the hearing of objections to such assessments. It shall not be necessary for the notice to contain a separate description of the lots or tracts of real estate, but it shall be sufficient if the said notice contains such descriptions as will inform the owner whether or not his real estate is covered by such descriptions, and to inform the owner of the amount of special assessments thereon.
(4) If, in the opinion of any person whose real estate is assessed, his property
has been assessed too high or has been erroneously or illegally assessed, at any time before the date of such hearing, he may file written objections to such assessments, stating the ground of such objections, which statement shall be verified by the affidavit of said person or some other person familiar with the facts. At such hearing the board shall hear such evidence and argument as may be offered concerning the correctness or legality of such assessment and may modify or amend the same. Any owner of property desiring to appeal from the finding of the board as to assessments, within thirty days from the finding of the board, shall file with the clerk of the district court of the county in which the property is situated, a written notice making demand for a trial by the court. At the same time, the appellant shall file a bond with good and sufficient security, to be approved by the clerk of said court, in a sum not exceeding two hundred dollars, to the effect that, if the finding of the court is not more favorable to the appellant than the finding of the board, the appellant will pay the costs of the appeal. The appellant shall state definitely from what part of the order the appeal is taken. In case more than one appeal is taken, upon a showing that the same may be consolidated without injury to the interests of anyone, the court may consolidate and try the appeals together.
(5) The court shall not disturb the findings of the board unless the finding of
the board in any case is manifestly disproportionate to the assessments imposed upon other property in the district created under this article. The trial shall be to the court, and the matter shall take precedence before the court and shall be taken up as promptly as may be after the appeal is filed. If no appeal is taken from the finding of the board within the time prescribed in this section, or after the finding of the district court in case an appeal is taken from the finding of the board, then said assessments shall be final and conclusive evidence that said assessments have been made in proportion to the benefits conferred upon each tract of real estate of said district by reason of the general plans of survey, comprehensive plan of development, and the completion of improvements to be constructed under the provisions of this article, and such assessments shall constitute a perpetual lien as provided in section 37-46-121 upon the real estate so assessed until paid.
Source: L. 37: p. 1003, � 7. CSA: C. 138, � 199(7). CRS 53: � 149-8-7. L. 58: p.
323, � 1. C.R.S. 1963: � 150-7-7. L. 69: p. 1235, � 1. L. 79: (1)(c) repealed and (1)(d) amended, pp. 1360, 1355, �� 8, 2, effective May 31. L. 83: (1)(a) and (1)(d) amended and (1)(b) repealed, pp. 1394, 1396, �� 2, 5, effective May 26.
Cross references: For publication of legal notices, see part 1 of article 70 of
title 24.
C.R.S. § 37-46-128
37-46-128. Annual levy limit. (1) The district has no power of taxation or right to levy or assess taxes, except as provided in sections 37-46-109 to 37-46-109.4, 37-46-126.5, and 37-46-126.6. The district has no power to contract or incur any obligation or indebtedness except as expressly provided in this article, and then any obligation or indebtedness so contracted or incurred is to be payable out of the funds derived through the limited tax provided in section 37-46-109 (1) and the unlimited tax provided in section 37-46-109.3 (2) to retire and pay indebtedness incurred by the district by contract other than the issuance of bonds and not otherwise; except that the district for and in behalf of any subdistrict or improvement district created under this article has the right to issue obligations as expressly authorized in this article and not otherwise.
(2) All assessments under this article shall be collected by the county
treasurer of the respective counties in which said real estate is situated at the same time and in the same manner as is provided by law for the collection of taxes for county and state purposes, and if said assessments are not paid, then the real estate shall be sold at the regular tax sale for the payment of said assessments, interest, and penalties in the manner provided by the statutes of the state of Colorado for selling property for the payment of general taxes. If there are no bids at said tax sale for the property so offered, said property shall be struck off to the district, and the tax certificates shall be issued in the name of the district, and the board of directors has the same power with reference to the sale of said tax certificates as is vested in county commissioners and county treasurers when property is struck off to the counties.
(3) Tax deeds may be issued, based upon said certificates of sale in the same
manner that deeds are executed on tax sales on general state and county taxes.
Source: L. 37: p. 1026, � 27. CSA: C. 138, � 199(27). CRS 53: � 149-8-27.
C.R.S. 1963: � 150-7-27. L. 69: p. 1235, � 2. L. 79: (1) amended p. 1360, � 7, effective May 31.
Cross references: For collection of taxes and tax sales, see articles 10 and 11
of title 39.
C.R.S. § 37-47-102
37-47-102. Definitions. As used in this article, unless the context otherwise requires:
(1) District means the Southwestern Water Conservation District. The
district is a body corporate and politic and a political subdivision of the state of Colorado.
(2) Person means a person, firm, partnership, association, or corporation.
(3) Property, as used in section 37-47-109 (1), includes both real and
personal property. In other parts of said article relating to special assessments, unless otherwise specified, it means real estate as real estate is defined by the law of the state of Colorado and embraces all railroads, tramroads, electric railroads, state and interurban railroads, highways, telephone, telegraph and transmission lines, water systems, water rights, pipelines, and rights-of-way of public service corporations, and all other real property, whether held for public or private use.
(4) San Juan and Dolores rivers embraces and includes any and all
tributaries or streams which flow into the San Juan and Dolores rivers which may be found in any part of the territory embraced in said district.
(5) Subdistrict or subdivision embraces and includes the kind or
character of special improvement districts created under the provisions of this article, including subdistricts organized under the name and style of Water Users' Association No. ............ of the Southwestern Water Conservation District and Special Improvement District No. .......... of the Southwestern Water Conservation District. A subdistrict or subdivision is a body corporate and politic and a political subdivision of the state of Colorado.
Source: L. 41: p. 886, � 25. CSA: C. 173B, � 80. CRS 53: � 149-9-25. C.R.S.
1963: � 150-8-25. L. 77: (1) and (5) amended, p. 1655, � 6, effective June 9.
C.R.S. § 37-47-104
37-47-104. Board of directors. (1) The southwestern water conservation district shall be managed and controlled by a board of nine directors. The members of said board shall hold their office for staggered terms of three years, with three members appointed each year, and until their successors are appointed and qualified. One member of said board shall be selected from each of the respective counties in said water conservation district and, at the time of his or her appointment, shall have been a resident of said county or, if only a part of a county is included within the boundaries of said district, a resident of such included part for at least two years prior to the date of his or her appointment and shall be a freeholder who has paid taxes upon real estate in the county of his or her residence during the calendar year next preceding his or her appointment. The member shall be appointed by the board of county commissioners of the county in which the member resides. The member may be a member of the board of county commissioners of such county. The members of said board shall annually select one of their number to act as president and presiding officer until the first regular board meeting of the next calendar year.
(2) (a) Immediately upon organization the members of said board shall be
divided by lot or chance into three classes. The term of office of the members of the first class shall expire on the third Tuesday in January, 1942; the term of office of the members of the second class shall expire on the third Tuesday in January, 1943; and the term of office of the members of the third class shall expire on the third Tuesday in January, 1944; except that, on and after March 11, 1943, terms of office shall expire on the fourth Tuesday in January, instead of the third Tuesday in January, as provided in this subsection (2).
(b) Notwithstanding subsection (2)(a) of this section, on and after September
1, 2018, terms of office expire on the day of the first regular board meeting held in the fourth calendar year following the member's appointment. At the first meeting of the board of county commissioners held in January, and every three years thereafter, the boards of county commissioners of the counties of residence of the members whose terms expire shall appoint successors to take office on the date of the first regular meeting of the board of the southwestern water conservation district following such appointments.
(3) The members of the board of directors of said district who are in office on
April 7, 1961, shall hold their respective offices for the period of time for which they were selected to serve, and their tenure of office shall not be affected by this amendatory section. Within sixty days after April 7, 1961, the board of county commissioners of Mineral county shall appoint a director from such county, with the qualifications prescribed in this section, to serve as a member of the board of directors of the southwestern water conservation district until the fourth Tuesday in January, 1963. Upon expiration of such term of office, a successor shall be appointed as provided to serve for the regular term of three years.
Source: L. 41: p. 867, � 3. CSA: C. 173B, � 58. L. 43: p. 644, � 2. CRS 53: �
149-9-3. L. 61: p. 858, � 2. C.R.S. 1963: � 150-8-3. L. 2018: (1) and (2) amended, (SB 18-176), ch. 130, p. 855, � 2, effective August 8.
C.R.S. § 37-47-109
37-47-109. Assessment and levy by board. (1) (a) As soon as the district has been organized and a board of directors has been appointed and qualified, such board of directors shall have the power and authority to fix the amount of an assessment upon the property within the district not to exceed six-tenths of one mill for every dollar of valuation for assessment therein, as a level or general levy to be used for the purpose of paying the expenses of organization, for surveys and plans, to pay the salary of officers and the per diem allowed to directors and their expenses, and for other incidental expenses which may be incurred in the administration of the affairs of the district. A two-thirds vote of the membership of said board shall be required to fix the amount of said levy.
(b) The amount of assessment on each dollar of valuation for assessment
shall, in accordance with the schedule prescribed by section 39-5-128, C.R.S., be certified to boards of county commissioners of the various counties in which the district is located and by them included in their next annual levy for state and county purposes. Such amount so certified shall be collected for the use of such district in the same manner as are taxes for county purposes, and the revenue laws of the state for the levy and collection of taxes on real estate for county purposes, except as modified in this article, shall be applicable to the levy and collection of the amount certified by the board of directors of said district as aforesaid, including the enforcement of penalties, forfeiture, and sale for delinquent taxes.
(c) All collections made by the county treasurer pursuant to such levy shall
be paid to the treasurer of the conservancy district on or before the tenth day of the next succeeding calendar month. If any items of expense have already been paid in whole or in part from any other sources by the said district, they may be repaid from receipts of such levy. Such levy may be made, although the work proposed or any part thereof may have been found impracticable or for other reasons abandoned. The collection of data and the payment of expenses therefor, including salaries of engineers and attorneys and clerical assistants, to conserve the water of said district and to enable said district to adopt plans for the orderly development of said district are hereby declared to be a matter of general benefit to the public welfare, and such that a tax for said purposes may be properly imposed, in the opinion of the general assembly.
(d) If this subsection (1) or any clause, phrase, or part thereof is held
unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the validity or force of any other part of this section or any other part of this article, and the general assembly hereby declares it would have enacted the remainder of this article without this subsection (1).
(2) In lieu of the level or general tax authorized by subsection (1) of this
section, the board may levy special assessments upon all real estate within the district, except such real estate as is exempted in this article, to raise funds to pay expenses of organization, salaries, expenses, and per diem allowances of officers and directors and to prepare a general plan for the maintenance of constant streamflow and adequate water supplies in all the principal tributaries and the main stream of the San Juan and Dolores rivers in said district and provide for future development of the district and ensure water therefor. Such assessments shall be made in proportion to the benefits to each piece of real estate accruing by reason of the adoption of a comprehensive plan of development of the natural resources of the district as a whole. The board of directors, if it deems it advisable at any time before levying special assessments, shall appraise the benefits to the several parcels of real estate within the district which shall result from the organization of said district and the general plans and development. The board may adopt rules for such purpose and provide inter alia for notice and hearing to all persons affected thereby. A permanent record arranged by counties of the benefits which will accrue to each tract of land shall be kept, and such benefits shall be apportioned over a series of years, the amount to be collected each year to be in the discretion of the board; but the amount of such assessment to be levied and assessed against the real property in said district in any one year shall not exceed a total of seven thousand five hundred dollars, and it is hereby declared that the amount of special benefits accruing annually to the real estate in said district is in excess of such amount. All property owned by the state, counties, cities, towns, school districts, or other governmental agencies shall be exempt from taxation or special levies under this article.
(3) Prior to October 15 of each year in which an assessment is made, the
board of directors shall appoint a time and place where it will meet within the district for the purpose of hearing objections to assessments at least thirty days prior to the dates so appointed. Notice of such hearing shall be given by posting a notice thereof at or near the door of the treasurer's office in each county in said district and by publishing said notice in a legal newspaper not less than three consecutive times within a period of thirty days, immediately prior to the hearing. The notice posted in each county shall be sufficient if it pertains to the property subject to assessment in said county only and need not contain the description of or any reference to property situated in other counties also affected by such assessment. Said notice shall contain a description of the real estate so assessed in the county in which said notice is posted and published, the amount of the assessment fixed by the board, and the time and place or places fixed by the board for the hearing of objection to such assessments. It shall not be necessary for the said notice to contain a separate description of the lots or tracts of real estate, but it shall be sufficient if the said notice contains such descriptions as will inform the owner whether or not his real estate is covered by such descriptions, and to inform the owner of the amount of special assessments thereon.
(4) If, in the opinion of any person whose real estate is assessed, his property
has been assessed too high or has been erroneously or illegally assessed, at any time before the date of such hearing, he may file written objections to such assessments, stating the ground of such objections, which statement shall be verified by the affidavit of said person or some other person familiar with the facts. At such hearing the board shall hear evidence and argument offered concerning the correctness or legality of such assessment and may modify or amend the same. Any owner of property desiring to appeal from the finding of the board as to assessments within thirty days from the finding of the board shall file with the clerk of the district court of the county in which the property is situated a written notice making demand for a trial by the court. At the same time, the appellant shall file a bond with good and sufficient security, to be approved by the clerk of said court, in a sum not exceeding two hundred dollars, to the effect that, if the finding of the court is not more favorable to the appellant than the finding of the board, the appellant will pay the costs of the appeal. The appellant shall state definitely from what part of the order the appeal is taken. In case more than one appeal is taken, upon a showing that the appeals may be consolidated without injury to the interests of anyone, the court may consolidate and try the same together.
(5) The court shall not disturb the findings of the board unless the finding of
the board in any case is manifestly disproportionate to the assessments imposed upon other property in the district created under this article. The trial shall be to the court, and the matter shall take precedence before the court and shall be taken up as promptly as may be after the appeal is filed. If no appeal is taken from the finding of the board within the time prescribed in this section, or after the finding of the district court in case an appeal is taken from the finding of the board, then said assessments shall be final and conclusive evidence that said assessments have been made in proportion to the benefits conferred upon each tract of real estate of said district by reason of the general plans of survey, comprehensive plan of development, and the completion of improvements to be constructed under the provisions of this article, and such assessments shall constitute a perpetual lien as provided in this article upon the real estate so assessed until paid.
Source: L. 41: p. 870, � 7. CSA: C. 173B, � 62. CRS 53: � 149-9-7. L. 59: p. 833,
� 1. C.R.S. 1963: � 150-8-7. L. 73: p. 1533, � 1. L. 87: (1)(b) amended, p. 1409, � 10, effective April 22.
Cross references: For publication of legal notices, see part 1 of article 70 of
title 24; for collection of taxes, see article 10 of title 39.
C.R.S. § 37-47-128
37-47-128. Limitations on power to levy and contract. (1) The district has no power of taxation or right to levy or assess taxes, except an annual levy, not exceeding six-tenths of a mill on each dollar of the valuation for assessment of property in said district, as provided in section 37-47-109. The district has no power to contract or incur any obligation or indebtedness except as expressly provided in this article, and then any obligation or indebtedness so contracted or incurred is to be payable out of the funds derived through said limited tax and not otherwise; except that said district for and in behalf of any subdistrict or improvement district created under this article has the right to issue obligations as expressly authorized in this article and not otherwise.
(2) Before July 1, 2024, all assessments under this article 47 shall be
collected by the county treasurer of the respective counties in which said real estate is situated at the same time and in the same manner as is provided by law for the collection of taxes for county and state purposes, and, if said assessments are not paid, then the real estate shall be sold at the regular tax sale for the payment of said assessments, interest, and penalties in the manner provided by the statutes of the state of Colorado for selling property for the payment of general taxes. If there are no bids at said tax sale for the property so offered, said property shall be struck off to the district, and the tax certificates shall be issued in the name of the district, and the board of directors has the same power with reference to the sale of said tax certificates as is now vested in county commissioners and county treasurers when property is struck off to the counties.
(3) Before July 1, 2024, tax deeds may be issued, based upon said
certificates of sale, in the same manner that deeds are executed on tax sales on general state and county taxes.
(4) Notwithstanding any law to the contrary, on or after July 1, 2024, the
district, a subdistrict, or a county treasurer shall follow the procedures established in article 11.5 of title 39 and shall not follow the procedures established in this section or article 11 of title 39 concerning the sale or striking off of property to the district or the issuance of a certificate of sale or tax deed. Notwithstanding any law to the contrary, on or after July 1, 2024, a lot or parcel of land shall not be struck off to the district and a tax certificate or tax deed shall not be issued pursuant to this section or article 11 of title 39 to the extent such actions would be inconsistent with the requirements of article 11.5 of title 39.
Source: L. 41: p. 887, � 27. CSA: C. 173B, � 82. CRS 53: � 149-9-27. C.R.S.
1963: � 150-8-27. L. 73: p. 1533, � 2. L. 2024: (2) and (3) amended and (4) added, (HB 24-1056), ch. 165, p. 809, � 22, effective July 1.
C.R.S. § 37-48-107
37-48-107. Assessment and levy by board. (1) The board of directors has the power to fix the amount of an assessment upon the property within the district not to exceed two and one-half mills for every dollar of valuation for assessment therein, as a level or general levy to be used for the purpose of paying the expenses of organization, for surveys and plans, to pay the salary of officers, and the per diem allowed to directors and their expenses, for expenses which may be incurred in the administration of the affairs of the district, and for all other lawful purposes of the district including capital construction.
(2) The amount of assessment on each dollar of valuation for assessment
shall, in accordance with the schedule prescribed by section 39-5-128, C.R.S., be certified to boards of county commissioners of the various counties in which the district is located and by them included in their next annual levy for state and county purposes. Such amount so certified shall be collected for the use of such district in the same manner as are taxes for county purposes, and the revenue laws of the state for the levy and collection of taxes on real estate for county purposes, except as modified in this article, shall be applicable to the levy and collection of the amount certified by the board of directors of said district as aforesaid, including the enforcement of penalties, forfeiture, and sale for delinquent taxes.
(3) All collections made by the county treasurer pursuant to such levy shall
be paid to the treasurer of the conservancy district on or before the tenth day of the next succeeding calendar month. If any items of expense have already been paid in whole or in part from any other sources by said district, they may be repaid from receipts of such levy. Such levy may be made, although the work proposed, or any part thereof, may have been found impracticable, or for other reasons abandoned. The collection of data and the payment of expenses therefor, including salaries of engineers, attorneys, and others, to conserve the water of said district and to enable said district to adopt plans for the orderly development of said district are hereby declared to be a matter of general benefit to the public welfare, and such that a tax for said purposes may be properly imposed, in the opinion of the general assembly.
(4) If any provision of this section is held unconstitutional or invalid by any
court of competent jurisdiction, such decision shall not affect the validity or force of any other part of this section, or any other part of this article, and the general assembly hereby declares it would have enacted the remainder of this article without this section.
Source: L. 67: p. 666, � 1. C.R.S. 1963: � 150-10-7. L. 69: p. 1237, � 3. L. 83: (1)
amended, p. 1397, � 1, effective March 22. L. 87: (2) amended, p. 1409, � 11, effective April 22.
C.R.S. § 37-48-110
37-48-110. Limitations on power to levy and contract. (1) The district has no power of taxation or right to levy or assess taxes, except an annual levy not to exceed two and one-half mills on each dollar of the valuation for assessment of property in said district. The district has no power to contract or incur any obligation or indebtedness except as expressly provided in this article, and then any obligation or indebtedness so contracted or incurred is payable out of the funds derived through said limited tax and not otherwise, but said district, for and in behalf of any subdistrict or improvement district created under this article, shall have the right and authority to approve and incur subdistrict obligations and to issue warrants, notes, bonds, or other evidences of said obligations, as expressly authorized in this article and not otherwise, and such subdistrict obligations shall never be obligations or indebtednesses of the district and shall be payable only as provided in this article.
(2) Before July 1, 2024, all assessments under this article 48 shall be
collected by the county treasurers of the respective counties in which said real estate is situated at the same time and in the same manner as is provided by law for the collection of taxes for county and state purposes, and, if said assessments are not paid, the real estate shall be sold at regular tax sales for the payment of said assessments, interest, and penalties in the manner provided by the statutes of the state of Colorado for selling property for the payment of general taxes. If there are no bids at said tax sales for the property so offered, said property shall be struck off to the district, and the tax certificates shall be issued in the name of the district; and the board of directors has the same power with reference to the sale of said tax certificates as is now vested in county commissioners and county treasurers when property is struck off to the counties.
(3) Before July 1, 2024, tax deeds may be issued, based upon said
certificates of sale, in the same manner that deeds are executed on tax sales on general state and county taxes.
(4) Notwithstanding any law to the contrary, on or after July 1, 2024, the
district, a subdistrict, or a county treasurer shall follow the procedures established in article 11.5 of title 39 and shall not follow the procedures established in this section or article 11 of title 39 concerning the sale or striking off of property to the district or the issuance of a certificate of sale or tax deed. Notwithstanding any law to the contrary, on or after July 1, 2024, a lot or parcel of land shall not be struck off to the district and a tax certificate or tax deed shall not be issued pursuant to this section or article 11 of title 39 to the extent such actions would be inconsistent with the requirements of article 11.5 of title 39.
Source: L. 67: p. 668, � 1. C.R.S. 1963: � 150-10-10. L. 73: p. 1419, � 111. L. 75:
Entire section amended, p. 1370, � 3, effective July 18. L. 83: (1) amended, p. 1397, � 2, effective March 22. L. 2024: (2) and (3) amended and (4) added, (HB 24-1056), ch. 165, p. 809, � 23, effective July 1.
Cross references: For use of the term warrants, see � 37-48-146.
C.R.S. § 37-5-102
37-5-102. Preliminary fund. (1) As soon as any district has been organized under articles 1 to 8 of this title and a board of directors has been appointed and qualified, such board has the authority to fix the amount of an assessment upon the property within the district not to exceed one mill for every dollar of valuation for assessment thereof as a level rate to be used for the purpose of paying the expenses of organization, for surveys and plans, for other incidental expenses which may have been incurred prior to the time when money is received from the sale of bonds or otherwise, and for the general administration of the district. In accordance with the schedule prescribed by section 39-5-128, C.R.S., the amount of assessment for each dollar of valuation for assessment shall be certified to the boards of county commissioners of the various counties in which the district, or any portion thereof, is located and by them included in their next annual levy for state and county purposes. Said amount shall be collected for the use of such district in the same manner as are taxes for county purposes, and the revenue laws of the state for the levy and collection of taxes on real estate for county purposes, except as modified in this article, shall be applicable for the levy and collection of the amount certified by the directors of such district as aforesaid, including the enforcement of penalties and forfeiture for delinquent taxes.
(2) All collections made by the county treasurer pursuant to such levy shall
be paid to the treasurer of the conservancy district on or before the tenth day of the next succeeding calendar month. If such items of expense have already been paid in whole or in part from other sources, they may be repaid from the receipts of such levy, and such levy may be made although the work proposed may have been found impracticable or for other reasons may have been abandoned. The information collected by the necessary surveys, the appraisal of benefits and damages, and other information and data are declared to constitute benefits for which said assessment may be levied. In case a district is dissolved or abandoned for any cause whatsoever before the work is constructed, the data, plans, and estimates which have been secured shall be filed with the clerk of the court in which the district was organized and shall be matters of public record available to any person interested.
(3) If all the expenses of organization, for surveys and plans, and for other
incidental expenses which may have been incurred prior to the time when money is received from the sale of bonds or otherwise have been paid in full, any or all of the moneys remaining in the preliminary fund may be transferred by the board of directors to any of the other funds of the district.
Source: L. 22: p. 44, � 42. C.L. � 9556. CSA: C. 138, � 167. CRS 53: � 30-5-2.
C.R.S. 1963: � 29-5-2. L. 81: (1) amended and (3) added, p. 1751, � 4, effective May 28. L. 87: (1) amended, p. 1408, � 7, effective April 22.
Cross references: For the levy and collection of taxes on real estate, see
articles 1 to 14 of title 39.
C.R.S. § 37-5-110
37-5-110. Levies. (1) After the expiration of the sixty-day period in which persons interested may pay the whole construction fund assessment, and each year thereafter if necessary to effectuate the provisions of this article, the board of directors shall determine, order, and levy the total assessments to be collected annually under articles 1 to 8 of this title for the payment of conservancy district bonds, principal and interest, and the treasurer of the district shall thereupon enter the same in the construction fund assessment record of the district, tabulating and extending said record as provided in this article, which record shall thereupon be approved by the board of directors, and the portion thereof relating to each county shall be certified by the clerk of the district, under the seal thereof, and by him delivered to the county treasurer of each county wherein property assessed is located. It is the duty of the treasurer of each county to receive the same as a tax book and to collect the same according to law, and such construction fund assessment record shall be the treasurer's warrant and authority to demand and receive the assessments due in his county as found in the same.
(2) Such assessments shall become due and shall be collected during each
year at the same time and in the same manner that state and county taxes are due and collectible; and, if further assessments are necessary to effectuate the provisions of this article, such assessments shall be levied, evidenced, and certified as provided in this section in apt time and not later than November 1 in such year, to the treasurer of each county in which the real property subject to such assessment in each district is situate.
(3) The board of directors shall each year determine, order, and levy the
assessments authorized by articles 1 to 8 of this title which become due and collectible during each year on account of the maintenance fund as provided in this article.
(4) The maintenance fund assessment record (Schedule Form VIII, 2) shall
include a table or schedule showing in properly ruled columns:
(a) The names of the owners of the property to which benefits are appraised,
which may be as they appear in the decree of the court confirming the appraisals, and, in case of appraisals against a town, city, county, or other public corporation, the name of the individual owners need not be given, but only the name of such corporation;
(b) The description of the items of property appraised and assessed,
arranged by counties;
(c) The total maintenance assessment levied against each item of property;
(d) Blank columns in which the treasurer shall enter payments as made and
the name of the persons paying the same.
(5) The maintenance fund assessment record shall be prepared in duplicate
in a well-bound book, which shall be endorsed and named Maintenance Fund Assessment Record of .............. Conservancy District, which endorsement shall also be printed at the top of each page in said book. One copy of that part of such duplicate affecting lands in any county shall be forwarded to the county treasurer of such county for his use. It is the duty of the treasurer of each county to receive the same as a tax book and to collect the same according to law, and such maintenance fund assessment record shall be the treasurer's warrant and authority to demand and receive the assessments due in his county as found in the same.
(6) The county treasurer shall receive payment of all assessments, with
interest and penalties, appearing upon said construction fund assessment record and said maintenance fund assessment record, or portion thereof, filed with him and, in case of default in the payment of any installment of principal of the construction fund assessment, or interest thereon, when due, shall advertise and sell any property concerning which such default is suffered for the unpaid installment of the assessments thereon; and likewise, in case of default in the payment of any maintenance fund assessment, the county treasurer shall advertise and sell any property concerning which such default is suffered. Said advertisements and sales shall be made at the same time and in the same manner, under all the same conditions and penalties, and with the same effect, provided by general law for sales of real estate in default of payment of general taxes. Lands sold for delinquent taxes or assessments under this article may be bid in, by, or for the conservancy district in like manner and like effect, including the issuance of a deed, as is provided by law with respect to lands bid in, by, or for cities and towns.
(7) All collections made by the county treasurer upon such assessment
records in any calendar month shall be accounted for and paid over to the treasurer of the district on or before the tenth day of the next succeeding calendar month, with separate statements of all such collections for each item of property assessed.
Source: L. 22: p. 58, � 50. C.L. � 9564. CSA: C. 138, � 175. CRS 53: � 30-5-10.
C.R.S. 1963: � 29-5-10.
Cross references: For procedure to increase tax levy beyond statutory limits,
see � 29-1-302; for Schedule Form VIII, see � 37-8-101.
C.R.S. § 37-5-117
37-5-117. Duties of officers of public corporations as to assessments. (1) Whenever, under the provisions of articles 1 to 8 of this title, an assessment is levied against a public corporation, as defined in said articles, and is finally determined, it is the duty of the governing or taxing body of such public corporation immediately to take all the legal and necessary steps to provide for the payment of the same. It is the duty of the said governing or taxing body of such public corporation in its next annual levy succeeding said determination to levy and assess a tax by a uniform rate upon all the taxable property within the boundaries of said public corporation and certify the same to the treasurer of the county in which such corporation is located, whose duty it is to receive and collect the same for the benefit of the conservancy district, in like manner and with like remedies and penalties as provided in this article for collection of other assessments.
(2) Nothing in this section shall prevent the assessment of the real estate of
other corporations or persons situated within the corporate limits of such public corporation which may be subject to assessment for special benefits to be received.
(3) In the event of any dissolution or disincorporation of any conservancy
district organized pursuant to the provisions of articles 1 to 8 of this title, such dissolution or disincorporation shall not affect the lien of any assessment for benefits imposed pursuant to the provisions of articles 1 to 8 of this title, or the liability of any lands in such district to the levy of any future assessments for the purpose of paying the principal of and interest upon any bonds issued under this article, and in that event, or in the event of any failure on the part of the officers of any district to qualify and act, or in the event of any resignations or vacancies in office which prevent action by the said district or by its proper officers, it is the duty of the county treasurer and of all other officers charged in any manner with the duty of assessing, levying, and collecting taxes for public purposes in any county, municipality, or political subdivision in which such land shall be situated to perform all acts which may be necessary and requisite to the collection of any such assessment which may have been imposed and to the levying, imposing, and collecting of any assessment which it may be necessary to make for the purpose of paying the principal and interest of said bonds.
(4) Any holder of any bonds issued pursuant to the provisions of articles 1 to
8 of this title, or any person or officer being a party in interest, may either at law or in equity by suit, action, or mandamus, enforce and compel performance of the duties required by articles 1 to 8 of this title of any of the officers or persons mentioned in articles 1 to 8 of this title.
Source: L. 22: p. 61, � 55. C.L. � 9569. CSA: C. 138, � 180. CRS 53: � 30-5-17.
C.R.S. 1963: � 29-5-17.
C.R.S. § 37-50-102
37-50-102. Definitions. As used in this article, unless the context otherwise requires:
(1) Board means the board of directors of the Republican river water
conservation district created pursuant to section 37-50-104.
(2) District means the Republican river water conservation district created
pursuant to this article.
(3) Person means a person, firm, partnership, association, or corporation.
(4) Property, as used in sections 37-50-109 and 37-50-111, includes both
real and personal property. In other parts of this article relating to special assessments, unless otherwise specified, property means real estate as defined in section 2-4-401 (5), C.R.S., and includes all railroads; tramroads; electric railroads; state and interurban railroads; highways; telephone, telegraph, and transmission lines; water systems, water rights, pipelines, and rights-of-way of public service corporations; and all other real property, whether held for public or private use.
(5) Republican river basin means that area shown upon the map titled:
Boundaries of the Republican River Basin and Republican River Water Conservation District. The map shall be kept on file in the office of the state engineer, the Colorado ground water commission, and the district and shall be available for public inspection.
(6) Republican river compact means the compact entered into between the
states of Colorado, Kansas, and Nebraska and approved by the United States congress as codified in article 67 of this title and as further defined by the final settlement stipulation dated December 15, 2002, and filed in Kansas v. Colorado and Nebraska, No. 126 Original.
Source: L. 2004: Entire article added, p. 1905, � 1, effective August 4.
C.R.S. § 37-50-109
37-50-109. Authority of the board to levy taxes. (1) In addition to other means of providing revenue for the district, the board has the power to fix the amount of an assessment upon the property within the district, as a level or general levy to be used for the purpose of paying the expenses of organization, for surveys and plans, to pay the salary of officers for, the per diem allowed to directors and their expenses, for expenses that may be incurred in the administration of the affairs of the district, and for all other lawful purposes of the district including capital construction.
(2) The amount of assessment on each dollar of valuation for assessment
shall, in accordance with the schedule prescribed by section 39-5-128, C.R.S., be certified to boards of county commissioners of the various counties in which the district is located and by them included in their next annual levy for state and county purposes. Such amount so certified shall be collected for the use of such district in the same manner as are taxes for county purposes, and the revenue laws of the state for the levy and collection of taxes on real estate for county purposes, except as modified in this article, shall be applicable to the levy and collection of the amount certified by the board as provided in this section, including the enforcement of penalties, forfeiture, and sale for delinquent taxes.
(3) All collections made by the county treasurer pursuant to such levy shall
be paid to the treasurer of the district on or before the tenth day of the next succeeding calendar month. Items of expense that have already been paid in whole or in part from any other sources by the district may be repaid from receipts of such levy. Such levy may be made regardless of whether the work proposed, or any part thereof, may have been found impracticable or for other reasons abandoned. The collection of data and the payment of expenses therefor, including salaries of engineers, attorneys, and others, to assist this state to carry out its duty to comply with limitations and duties imposed upon the state by the Republican river compact, is hereby declared to be a matter of general benefit to the public welfare, such that a tax for such purposes may be properly imposed.
Source: L. 2004: Entire article added, p. 1911, � 1, effective August 4.
C.R.S. § 37-50-111
37-50-111. Limitations on power to levy and contract. (1) The district has no power of taxation or right to levy or assess taxes pursuant to section 37-50-109, except an annual levy. The district has no power to contract or incur any obligation or indebtedness except as expressly provided in this article.
(2) Before July 1, 2024, all property taxes and assessments under this article
50 shall be collected by the county treasurers of the respective counties in which real estate is situated at the same time and in the same manner as is provided by law for the collection of taxes for county and state purposes, and, if the assessments are not paid, the real estate shall be sold at regular tax sales for the payment of the assessments, interest, and penalties in the manner provided by the laws of this state for selling property for the payment of general taxes. If there are no bids at the tax sales for the property so offered, the tax certificates shall be issued in the name of the district; and the board has the same power with reference to the sale of the tax certificates as is now vested in county commissioners and county treasurers when a tax certificate is issued in the name of a county.
(3) Before July 1, 2024, tax deeds may be issued, based upon the certificates
of sale, in the same manner that deeds are executed on tax sales on general state and county taxes.
(4) Notwithstanding any law to the contrary, on or after July 1, 2024, the
district or a county treasurer shall follow the procedures established in article 11.5 of title 39 and shall not follow the procedures established in this section or article 11 of title 39 concerning the sale or striking off of property to the district or the issuance of a certificate of sale or tax deed. Notwithstanding any law to the contrary, on or after July 1, 2024, a lot or parcel of land shall not be struck off to the district and a tax certificate or tax deed shall not be issued pursuant to this section or article 11 of title 39 to the extent such actions would be inconsistent with the requirements of article 11.5 of title 39.
Source: L. 2004: Entire article added, p. 1914, � 1, effective August 4. L.
2024: (2) and (3) amended and (4) added, (HB 24-1056), ch. 165, p. 811, � 25, effective July 1.
C.R.S. § 37-8-101
37-8-101. Forms. The following forms illustrate the character of the procedure contemplated by articles 1 to 8 of this title and, if substantially complied with, with changes to meet particular requirements, shall be held to meet requirements of articles 1 to 8 of this title:
FORM I.
Notice of Hearing on Petition.
To All Persons Interested:
Public Notice Is Hereby Given:
- That on the ............ day of ............, 20...., pursuant to the provisions of the conservancy law of Colorado, there was filed in the office of the clerk of the district court sitting in and for .............. county, Colorado, the petition of .............. and others for the establishment of a conservancy district to be known as .............. conservancy district.
(Here insert the purpose.)
- That the lands sought to be included in said district comprise lands in .............. and .............. counties, Colorado, described as follows:
(Here insert description.)
-
That a public hearing on said petition will be had in said court on ........ the ............ day of ............ at the hour of ............ o'clock ....M., by the district court sitting in and for .............. county, at the court house in the city of .............. county, Colorado.
All persons and public corporations owning or interested in real estate within the territory hereinbefore described will be given the opportunity to be heard at the time and place above specified.
Dated ........................ Colorado ........................ 20.... .
...................................................
Clerk of the district court sitting in and for ............ county, Colorado.
FORM II.
Finding on Hearing.
STATE OF COLORADO )
) ss.
County of.................................................)
IN THE DISTRICT COURT SITTING IN AND FOR .............. COUNTY.
In the Matter of
........................ Conservancy District.
Findings and Decree on Hearing.
On this ............ day of ............, 20.... this cause coming on for hearing upon the
petition of .... and others, for the organization of a conservancy district under the conservancy act of the state of Colorado, the court, after a full hearing, now here finds:
-
That said petition has been signed and presented in full conformity with the conservancy law of Colorado.
-
That the allegations of said petition are true.
-
That no protesting petition has been filed (or if filed has been dismissed).
-
That this court has jurisdiction of the parties to, and the subject matter of, this proceeding.
-
That the purposes for which said district is established are:
(Insert the purposes, e.g., a system of flood prevention.)
-
That a public necessity exists for the construction of the proposed work.
-
That the territory to be included in the proposed district and the boundaries of said district are as follows:
(Here insert boundaries of district.)
-
That the said territory last above described should be constituted and created a conservancy district under the conservancy law of Colorado under the corporate name of .............. conservancy district.
Wherefore, it is by the court ordered, adjudged and decreed:
That the territory as above described be and the same hereby is constituted and created a conservancy district under the conservancy law of Colorado under the corporate name of .............. conservancy district, with its office or principal place of business at .............. in .............. county, Colorado. (If directors are appointed at the same time.) And the following persons are hereby appointed directors of said conservancy district .......... for the term of one year, .......... for the term of three years, .......... for the term of five years, who are hereby directed to qualify and proceed according to law.
-
For consideration of other matters herein, this cause is retained on the docket of this court.
By the court,
.....................................
Judge.
FORM III.
Notice to Property Owners to Pay Assessments.
........................ Conservancy District.
To All Persons Interested:
Public Notice Is Hereby Given:
-
That on the .............. day of .............., 20.... the board of directors of ................ conservancy district duly levied for the account of the construction fund of said district, an assessment upon all the property in said district in the aggregate sum of .............., and has caused the same to be extended upon the construction fund assessment record of said district, and that said record is now in the hands of the treasurer of the said district for collection.
-
That the entire assessment against any parcel of land may be paid to the said treasurer of the district at any time on or prior to .............., 20.... without costs and without interest.
-
That as soon after the .............. day of .............., 20.... as conveniently may be, the board of directors of said district will divide the uncollected portion of said assessment into convenient installments and will issue bonds bearing interest not exceeding six percent per annum in anticipation of the collection of the several installments of said assessment, pursuant to the conservancy law of Colorado.
.....................................
President.
(Seal)
Attest:
..................................
Secretary.
FORM IV.
Bonds and Coupons.
(Form of Bond.)
No..............$ ..............
UNITED STATES OF AMERICA.
State of Colorado.
........................ Conservancy District.
Conservancy Bond.
Know All Men by These Presents, That ........................ conservancy district, a
legally organized conservancy district of the state of Colorado, acknowledges itself to owe and for value received hereby promises to pay bearer .............. dollars, on the first day of .............., 20.... with interest thereon from the date hereof until paid at the rate of .......... percent per annum, payable .............., 20.... and semiannually thereafter on the first day of .............. and of .............. in each year on presentation and surrender of the annexed interest coupons as they severally become due. Both the principal of and the interest on this bond are hereby made payable in lawful money of the United States of America, at ............ and ............. .
This bond is one of a series of bonds issued by .................... conservancy district
for the purpose of paying the cost of constructing a system for flood prevention (or for other works) for said district, and in anticipation of the collection of the several installments of an assessment duly levied upon lands within said district and benefited by said improvement in strict compliance with the conservancy law of Colorado, and pursuant to an order of the board of directors of said district, duly made and entered of record.
And it is hereby certified and recited that all acts, conditions and things
required to be done in locating and establishing said district and in equalizing appraisals of benefits and in levying assessments against lands benefited thereby, and in authorizing, executing and issuing this bond, have been legally had, done and performed in due form of law; that the total amount of bonds issued by said district does not exceed ninety percent of the assessments so levied and unpaid at the time said bonds are issued, and does not exceed any legal limitation imposed by law.
And for the performance of all the covenants and stipulations of this bond
and of the duties imposed by law upon said district for the collection of the principal of and the interest upon said assessment and the application thereof to the payment of this bond and the interest thereon, and for the levying of such other and further assessments as are authorized by law and as may be required for the prompt payment of this bond and the interest thereon, the full faith, credit and resources of said .................... conservancy district are hereby irrevocably pledged.
In Testimony Whereof, The Board of directors of .................... conservancy
district has caused this bond to be signed by its president and sealed with the corporate seal of said district, attested by its secretary, and has caused the coupons hereto annexed to be executed by the facsimile signature of its treasurer, as of the .............. day of .............., 20.... .
.....................................
President.
(Seal)
Attest:
..................................
Secretary.
(Form of Coupon.)
$ ..............No. ..............
On the first day of .............., 20.... ,
........................ conservancy district promises to pay to the bearer .............. dollars, in lawful money of the United States of America, at .............. or at .............. at the holder's option, being semiannual interest due on that date on its conservancy bond dated .............., 20.... .
(Facsimile Signature.)
.....................................
Treasurer.
No...............
FORM V.
Form of Notice of Enlargement of District.
STATE OF COLORADO )
) ss.
County of.................................................)
In the District Court in and for
.......................... County, Colorado.
In the Matter of
........................................
Conservancy District.
Notice of Enlargement of District.
To All Persons (and Public Corporations, if any) Interested:
Public Notice is Hereby Given:
-
That heretofore on the .............. day of .............., 20.... the district court sitting in and for .............. county, Colorado, duly entered a final decree constituting and creating ........................ conservancy district and appointing a board of directors therefor.
-
That thereafter this court duly appointed
to be the board of appraisers for said district. That said board of appraisers on the .............. day of .............., 20.... filed their report recommending that the following lands, not originally included in the district, be added thereto.
(Here describe generally the lands which the report
of the board of appraisers recommends should be
added to the district.)
- That on .............. the ............. day of .............., 20.... (or as soon hereafter as the convenience of the court will permit) at the court house in .............. of .............. Colorado, the district court sitting in and for .............. county, Colorado, will hear all persons and public corporations who are owners of or interested in the property described in this notice upon the question whether said lands should be added to and included in said ........................ conservancy district.
...................................................
Clerk of the district court
sitting in and for
............ county, Colorado.
FORM VI. STATE OF COLORADO, ....................CONSERVANCY DISTRICT. CONSERVANCY APPRAISAL RECORD, .................COUNTY.
Reserve space for table
Action Taken by Appraisers, Court, and Jury.
Description
Record
On the First Line Carry Action by Appraisers;
Index Owner's
Second line, Court; Third Line, Jury.
Number Name
Fixed Section
FORM VII.
Notice of Hearing on Appraisals.
STATE OF COLORADO )
) ss.
County of.................................................)
In the District Court Sitting in and for
...................... County, Colorado.
In the Matter of
..................................
Conservancy District.
Notice of Hearing on Appraisals.
To All Persons and Public Corporations Interested:
Public Notice Is Hereby Given:
-
That heretofore on the .............. day of .............., 20.... the district court sitting in and for .............. county, Colorado, duly entered a decree, constituting and creating ........................ conservancy district and appointing a board of directors therefor.
-
That thereafter this court duly appointed
the board of appraisers for said district. That said board of appraisers on .............. day of .............., 20.... filed their appraisal of benefits and damages. The land affected by such appraisal is described as follows:
(Here insert general description of land appraised.)
(It will be sufficient to state: All land lying in the .............. ward of the city of .............., or All land abutting on .............. street in the city of .............., or All land lying west of .............. river and east of .............. railroad in section .............. township .............. range .............., or any general description pointing out the lands involved.)
The said appraisal of benefits and damages and of land to be taken is now on
file in the office of the clerk of this court.
- All public corporations and all persons, owners of or interested in the property described in said report, whether as benefited property or as property taken or damaged (whether said taken or damaged property lies within or without said district), desiring to contest the appraisals as made and returned by the board of appraisers, must file their objections in said court on or before the .... day of ...., 20.., and a hearing on said appraisal will be held in this court on the .............. day of .............., 20.... at the hour of ........ o'clock ....M., in the county of .............., Colorado, at which time an opportunity will be afforded all objectors to be heard upon their several objections.
...................................................
Clerk of the district court sitting in and for ............ county, Colorado.
Dated at .............., Colorado .............. day of .........., 20...
FORM VIII.
Certificate of Levy of Assessments.
- For Construction Fund Assessment Record.
STATE OF COLORADO )
) ss.
County of.................................................)
To the Treasurer of .............. County, Colorado:
This is to certify that by virtue and under the authority of the conservancy
law of Colorado, the board of directors of .............. conservancy district has levied the sum of .............. dollars for the account of the construction fund of said district, which said assessment bears interest as provided by law and is payable as set forth in the construction fund assessment record to which this certificate is appended.
The assessments above specified shall be collectible and payable in the
sums therein specified at the time that the state and county taxes are due and collectible, and you are directed and ordered to demand and collect such assessments at the time that the state and county taxes are due on the same land, and the construction fund assessment record to which this certificate is appended shall be your authority to make such collection.
Witness the signature of the president of said district, attested by the seal
thereof, attested by the signature of its secretary, this .............. day of .............., 20.... .
....................
President.
(Seal)
Attest: ........................ Secretary.
The construction fund assessment record shall be in substantially the
following form:
CONSTRUCTION FUND ASSESSMENT RECORD OF
.........................CONSERVANCY DISTRICT. .................COUNTY.
Assessment Levied
Bond Fund Installation to be Collected by the
Against Each Item of
Assessments Paid
County Treasurer
Property to Which
Within Sixty Days
Name
Benefits Have Been
No.
of
Appraised
Owner
Installments Due 20.....
Installments Due 20.....
- For Maintenance Fund Assessment Record.
STATE OF COLORADO )
) ss.
County of.................................................)
To the Treasurer of .............. County, Colorado:
This is to certify that by virtue and under the authority of the conservancy
law of Colorado, the board of directors of .............. conservancy district has levied the sum of .............. dollars, for the account of the maintenance fund for the year 20.... .
The amounts of said levies upon the several parcels of land upon which the
same are imposed are set forth in the maintenance fund assessment record to which this certificate is appended.
The said assessments set forth in the maintenance fund record, to which this
certificate is appended, shall be collectible and payable the present year in the sums therein specified at the time that the state and county taxes are due and collectible, and you are directed and ordered to demand and collect such assessments at the time that the state and county taxes are due on the same land, and the maintenance fund assessment record to which this certificate is appended shall be your authority to make such collection.
Witness the signature of the president of the district, attested by the seal
thereof, attested by the signature of its secretary, this .............. day of .............., 20.... .
....................
President.
(Seal)
Attest:
........................................
Secretary.
The maintenance fund assessment record shall be in substantially the
following form:
MAINTENANCE FUND ASSESSMENT RECORD
OF
........................ CONSERVANCY DISTRICT
........................ COUNTY
For the Year ..............
(Due in the Year ........, at the Same Times General
Taxes Are Due.)
Payments
Total
Maintenance Name
No. Name of Description Assessments 1st and of
Owner of Property Levied 2nd Half Amount Date Person
Against each Paid Making
Item of Property
Payment
1st Half $
2nd Half $
1st Half $
2nd Half $
Source: L. 22: p. 74, � 75. C.L. � 9589. CSA: C. 138, � 199. CRS 53: � 30-8-1.
C.R.S. 1963: � 29-8-1.
DRAINAGE AND DRAINAGE DISTRICTS
ARTICLE 20
Organization of Districts
Cross references: For mine drainage districts, see article 51 of title 34; for
irrigation drainage districts, see � 37-43-122; for internal improvement districts, see article 44 of this title 37.
C.R.S. § 37-92-302
37-92-302. Applications for water rights or changes of such rights - plans for augmentation. (1) (a) Any person who desires a determination of a water right or a conditional water right and the amount and priority thereof, including a determination that a conditional water right has become a water right by reason of the completion of the appropriation, a determination with respect to a change of a water right, approval of a plan for augmentation, finding of reasonable diligence, approval of a proposed or existing exchange of water under section 37-80-120 or 37-83-104, or approval to use water outside the state pursuant to section 37-81-101 shall file with the water clerk a verified application setting forth facts supporting the ruling sought, a copy of which shall be sent by the water clerk to the state engineer and the division engineer. The term determination of a water right or conditional water right includes any plan or change in plan under the provisions of section 37-45-118 (1)(b)(II) that is or has been incorporated into a decree.
(b) Any person, including the state engineer, who wishes to oppose the
application may file with the water clerk a verified statement of opposition setting forth facts as to why the application should not be granted or why it should be granted only in part or on certain conditions. The statement of opposition may be filed on behalf of all owners of water rights who, by affixing their signatures to the statement of opposition, in person or by attorney, consent to being included in the statement and who may be detrimentally affected by granting of the application. The water clerk shall send a copy of the statement of opposition to the state engineer and the division engineer.
(c) Such statement of opposition must be filed by the last day of the second
month following the month in which the application is filed.
(d) (I) The fee for filing an application, complaint, petition, or any other
pleading initiating a water matter shall be the same as that for filing a civil complaint in district court, as provided in section 13-32-101, C.R.S.; except that, for any application seeking a determination of a change of water right or approval of a plan for augmentation, the filing fee shall be twice as much. For filing a statement of opposition, the fee shall be the same as that for filing an answer to a civil action in district court. A tax of one dollar must be included with every application, pursuant to section 2-5-119, C.R.S. No fee or tax shall be assessed to the state of Colorado or any agency of its executive department under this subsection (1) or subsection (3) of this section, but no other person or entity shall be exempt from such fee or tax.
(II) All fees collected under this paragraph (d) shall be transmitted to the
state treasurer and be divided as provided in section 13-32-101, C.R.S.
(e) (Deleted by amendment, L. 2008, p. 2144, � 13, effective June 4, 2008.)
(2) (a) The water judges of the various divisions shall jointly prepare and
supply to the water clerks standard forms which shall be used for such applications and statements of opposition. These forms shall designate the information to be supplied and may be modified from time to time. Supplemental material may be submitted with any form. In the case of applications for a determination of a water right or a conditional water right, the forms shall require, among other things, a legal description of the diversion or proposed diversion, a description of the source of the water, the date of the initiation of the appropriation or proposed appropriation, the amount of water claimed, and the use or proposed use of the water. In the case of applications for approval of a change of water right or plan for augmentation, the forms shall require a complete statement of such change or plan, including a description of all water rights to be established or changed by the plan, a map showing the approximate location of historic use of the rights, and records or summaries of records of actual diversions of each right the applicant intends to rely on to the extent such records exist. In the case of applications that will require construction of a well, other than applications for determinations of rights to groundwater from wells described in section 37-90-137 (4), no application shall be heard on its merits by the referee or water judge until a written consultation report, as required by subsection (4) of this section, has been submitted and considered. The consultation report shall be submitted within four months after the filing of the application and shall include findings as to whether the construction and use of any well proposed in the application will injuriously affect the owner of, or persons entitled to use, water under a vested water right or decreed conditional water right. In the case of applications for determinations of rights to groundwater from wells described in section 37-90-137 (4), the application shall be supplemented by evidence that the state engineer has issued or failed to issue, within four months of the filing of the application in water court, a determination as to the facts of such application. Such state engineer's determination shall be made by the state engineer upon receipt from the water clerk of a copy of the application, and no separate filing or docketing with the state engineer shall be required.
(b) The application shall be supplemented by evidence that the applicant
has, within fourteen days after filing the application, given notice of the application by registered or certified mail, return receipt requested, to:
(I) In the case of applications for determinations of rights to groundwater
from wells described in section 37-90-137 (4), every record owner of the overlying land and to every person who has a lien or mortgage on, or deed of trust to, the overlying land recorded in the county in which the overlying land is located, and, for purposes of such notice, the term person shall have the same meaning as is set forth in section 37-90-137 (4)(b.5); and
(II) The owner of the land upon which any new diversion or storage structure
or modification to any existing diversion or storage structure or existing storage pool is or will be constructed or upon which water is or will be stored. In determining the owner of potentially affected land for purposes of such notice, the applicant may rely upon the real estate records of the county assessor for the county or counties in which the land is located.
(c) The provisions of paragraph (b) of this subsection (2) do not apply to
political subdivisions of the state of Colorado, special districts, municipalities, or quasi-municipal districts that have obtained consent to withdraw groundwater pursuant to section 37-90-137 (8) or by deed, assignment, or other written evidence of consent where the application concerns only such groundwater and, at the time of application, the overlying land is within the water service area of such entity.
(3) (a) Not later than the fifteenth day of each month, the water clerk shall
prepare a resume of all applications in the water division which have been filed in his office during the preceding month. The resume shall give the name and address of the applicant, a description of the water right or conditional water right involved, and a description of the ruling sought. The resume may be provided by the applicant at the time of filing the application or at the time of any republication pursuant to paragraph (b) of this subsection (3), or, if no resume is provided, the water clerk shall prepare the resume for publication. The water clerk shall promptly submit to each applicant a bill for costs incurred by the water court in publishing the resume of the application. No ruling or decree shall be entered prior to payment of the charges.
(b) Not later than the end of such month, the water clerk shall cause such
publication to be made of each resume or portion thereof in a newspaper or newspapers as is necessary to obtain general circulation once in every county affected, as determined by the water judge. If, at the request of or as the result of amendments made by an applicant, the resume of an application is republished, the applicant shall pay the cost of such republication. A newspaper in which the resume is published or republished shall directly bill the applicant rather than the water clerk for the costs of publication.
(c) (I) (A) to (C) Repealed.
(D) On and after January 1, 2006, not later than the end of each month, the
water clerk shall post a copy of the resume on the water court's website. Not later than the end of such month, the referee or the water clerk shall send a copy of such resume by mail or electronic mail to any person who the referee has reason to believe would be affected. The water clerk shall notify each person who has requested a copy of the resume by submitting his or her name and electronic mail address to the water clerk of the availability of the resume on such website. The water clerk shall maintain an electronic mailing list of such names and addresses, and a person desiring to have his or her name and address retained on the list shall resubmit the information by January 5. A person who has not so resubmitted the information shall not be retained on the list, but such person may submit his or her name and electronic mail address at any time thereafter for inclusion on the list subject to the requirements of this section. In order to obtain an electronic mail notification of the availability of the resume for a particular month, a person's name and address shall be received not later than the fifth day of the month of publication of the resume. A copy of the resume shall be furnished without charge to the state engineer and the appropriate division engineer.
(E) The water clerk shall provide a paper copy of the resume to a person
upon payment of the fee required in section 13-32-104 (1)(a), C.R.S.
(II) Repealed.
(d) All publications provided for in paragraph (b) of this subsection (3) may
be augmented, in the discretion of the water judge, by notices broadcast over any or all standard radio, FM radio, TV stations, and cable television. Such broadcast notices shall make reference to locations or publications wherein details of the subject matter of the notices are located.
(3.5) In addition to the resume notice required to be given by subsection (3)
of this section, any notice of an application for a change of irrigation water rights that constitutes a significant water development activity shall include evidence that the applicant has given notice of the contents of such application by mail within ten days after filing to the:
(a) Board of county commissioners of the county from which the water is
being removed;
(b) Board of the school district that encompasses the land from which the
water is being removed;
(c) Offices of every water conservancy and water conservation district from
which the water is to be removed;
(d) Secretary of every ditch company whose water is involved in the
significant water development activity; and
(e) Governing body of every city, city and county, and town that
encompasses land from which the water is being removed.
(4) The referee, without conducting a formal hearing, shall make such
investigations as are necessary to determine whether or not the statements in the application and statements of opposition are true and to become fully advised with respect to the subject matter of the applications and statements of opposition. The referee shall consult with the appropriate division engineer or the state engineer or both. The engineer consulted shall file a report in writing within thirty-five days, unless such time is extended by the referee, which original report shall be filed in the proceedings, and a copy shall be sent by the division engineer to the applicant or the applicant's attorney, who shall then send copies to all parties of record if they have not otherwise been served and so certify before any ruling shall be entered or become effective. A water judge who is acting as a referee in the water judge's division shall have the same authority as provided for the referee in this subsection (4). If the application is rereferred to the water judge by the referee prior to consultation, the division engineer shall file a written recommendation in the proceedings within thirty-five days of rereferral, unless such time is extended by the court, and shall send a copy thereof to the applicant or the applicant's attorney, who shall send copies to the other parties, if they have not otherwise been served, before any decree shall be entered or become effective. The water judge may request such written report from the state engineer if the water judge desires.
(5) Persons alone or in concert may initiate and implement plans for
augmentation including water exchange projects. Water conservancy districts, irrigation districts, mutual or public ditch and reservoir companies, municipalities, or other entities which are governed by a board of directors or similar body may initiate and implement plans for augmentation for the benefit of all water users within their boundaries.
(6) The general assembly hereby recognizes the authority of the Colorado
supreme court to adopt rules for filing and service of documents and other case management procedures in water court proceedings. Any such rules that are adopted shall supplement the procedures set forth in this section.
Source: L. 69: p. 1207, � 1. C.R.S. 1963: � 148-21-18. L. 70: p. 431, � 3. L. 71: pp.
1321, 1323, 1326, 1330, �� 1, 1, 1, 1. L. 73: pp. 1522, 1523, �� 3, 2. L. 77: (1)(d) and (3)(b) amended, p. 1702, � 2, effective June 19. L. 79: (1)(b) amended, p. 1378, � 1, effective May 31. L. 81: (1)(a) amended, p. 1786, � 1, effective April 24; (3)(c) amended and (4) R&RE, p. 1788, �� 1, 2, effective July 1. L. 83: (1)(a) amended, p. 1412, � 4, effective June 3; (1)(b), (1)(d), (2), (3)(a), (3)(c), and (4) amended, p. 1425, � 1, effective July 1. L. 85: (2) amended, p. 1167, � 7, effective July 1. L. 88: (1)(a) and (4) amended, p. 1239, � 2, effective May 17. L. 90: (1)(a) amended, p. 1626, � 2, effective April 13. L. 92: (2) amended, p. 2311, � 2, effective March 20. L. 93: (2) amended, p. 86, � 2, effective March 30. L. 96: (2)(a) amended, p. 326, � 2, effective April 16. L. 98: (3)(c) amended, p. 1345, � 75, effective June 1. L. 2001: (3)(c)(I) amended, p. 306, � 2, effective August 8. L. 2003: (3.5) added, p. 881, � 2, effective August 6. L. 2004: (3)(c)(I) amended, p. 268, � 1, effective August 4. L. 2005: (3)(c)(I)(A) amended and (3)(c)(I)(C), (3)(c)(I)(D), and (3)(c)(I)(E) added, p. 121, � 2, effective April 5; (2)(b), (2)(c), and (3)(b) amended, p. 120, � 1, effective January 1, 2006. L. 2007: (1)(e) added, p. 1269, � 7, effective May 25; (1)(d) amended, p. 1538, � 31, effective May 31. L. 2008: (1)(d) and (1)(e) amended, p. 2144, � 13, effective June 4. L. 2009: (1)(a), (1)(b), and (4) amended and (6) added, (HB 09-1185), ch. 85, p. 310, � 1, effective July 1. L. 2012: IP(2)(b) and (4) amended, (SB 12-175), ch. 208, p. 888, � 162, effective July 1.
Editor's note: Subsection (3)(c)(I)(C) provided for the repeal of subsections
(3)(c)(I)(A), (3)(c)(I)(B), (3)(c)(I)(C), and (3)(c)(II), effective January 1, 2006. (See L. 2005, p. 121.)
Cross references: For the legislative declaration contained in the 2001 act
amending subsection (3)(c)(I), see section 1 of chapter 114, Session Laws of Colorado 2001. For the legislative declaration contained in the 2008 act amending subsections (1)(d) and (1)(e), see section 1 of chapter 417, Session Laws of Colorado 2008.
C.R.S. § 38-1-105
38-1-105. Adjournment - commission - compensation - defective title - withdrawal of deposit. (1) The court may adjourn the proceedings from time to time and shall direct any further notice thereof to be given that may seem proper. The court shall hear proofs and allegations of all parties interested touching the regularity of the proceedings and shall rule upon all objections thereto. Unless a jury is requested by the owner of the property as provided in section 38-1-106, the court shall appoint a board of commissioners of not less than three disinterested and impartial freeholders to determine compensation in the manner provided in this article to be allowed to the owner and persons interested in the lands, real estate, claims, or other property proposed to be taken or damaged in such county for the purposes alleged in the petition. The court shall fix the time and place for the first meeting of such commissioners. Such meeting shall be held at least thirty days prior to the date scheduled for the trial to determine compensation. At the meeting, a voir dire examination shall be conducted by the court and the parties to determine whether the proposed commissioners are disinterested and impartial freeholders. If the court determines that any of the proposed commissioners is not disinterested and impartial, the court shall replace such person and appoint another commissioner, who shall also be subject to voir dire examination. At the hearing to determine compensation, the court shall administer an oath to the commissioners, shall instruct them in writing as to their duties, and, at the conclusion of the testimony, shall instruct them in writing as to the applicable and proper law to be followed by them in arriving at their ascertainment. The court shall fix reasonable compensation for the services and expenses of said commissioners and shall provide the services of a court reporter to record all proceedings had by the commissioners.
(2) The commissioners, before entering upon the duties of their office, shall
take an oath to faithfully and impartially discharge their duties as commissioners, and any one of them may administer oaths to witnesses produced before them. The commissioners may request the court or clerk thereof to issue subpoenas to compel witnesses to attend the proceedings and testify as in other civil cases and may adjourn and hold meetings for that purpose. They may request the court to make rulings upon the propriety of the proof or objections of the parties. They shall hear the proofs and allegations of the parties according to the rules of evidence and, after viewing the premises or other property and without fear, favor, or partiality, shall ascertain and certify the proper compensation to be made to said owner or parties interested for the lands, real estate, claims, or other property to be taken or affected, as well as all damages accruing to the owner or parties interested in consequence of the condemnation of the same. The commissioners shall make, subscribe, and file with the clerk of the court in which such proceedings are had a certificate of their ascertainment and assessment, in which such lands, real estate, claims, or other property shall be described with convenient certainty and accuracy.
(3) The court, upon the filing of such certificate or returning of a verdict of a
jury as provided in section 38-1-107 and due proof that such compensation and separate sums, if any, are certified or found to have been paid to the parties entitled to the same or have been deposited to the credit of such parties in court or with the clerk of the court for that purpose, shall make and cause to be entered in its minutes a rule describing such lands, real estate, claims, or other property, such ascertainment or compensation with the mode of making it, and each payment or deposit of the compensation, a certified copy of which shall be recorded and indexed in the office of the county clerk and recorder of the proper county in like manner and with like effect as if it were a deed of conveyance from the owner and parties interested to the proper parties. If there is more than one person interested as owner or otherwise in the property and they are unable to agree upon the nature, extent, or value of their respective interests in the total amount of compensation so ascertained and assessed on an undivided basis by either a commission or a jury, the nature, extent, or value of said interests shall thereupon be determined according to law in a separate and subsequent proceeding and distribution made among the several claimants thereto.
(4) Upon the entry of such rule, the petitioner shall become seized in fee
unless a lesser interest has been sought, except as provided in this section, of all such lands, real estate, claims, or other property described in said rule as required to be taken, and may take possession and hold and use the same for the purposes specified in such petition, and shall thereupon be discharged from all claims for any damages by reason of any matter specified in such petition, certificate, or rule of said court. No right-of-way or easement acquired by condemnation shall ever give the petitioner any right, title, or interest to any vein, ledge, lode, deposit, oil, natural gas, or other mineral resource found or existing in the premises condemned, except insofar as the same may be required for subsurface support.
(5) If at any time after an attempted or actual ascertainment of
compensation under this article or any purchase or by donation to said petitioner of any lands, real estate, claims, or other property for purposes specified in the petition it appears that the title acquired thereby, to all or any part of such lands for the use of such petitioner, is defective or if said assessment fails or is deemed defective, the petitioner may proceed and perfect such title by procuring an ascertainment of the proper compensation to be made to any person who has title, claim, or interest in or lien upon such lands, real estate, claims, or other property and by making payment thereof in the manner provided in section 38-1-112, as near as may be.
(6) (a) At any stage of such new proceedings or of any proceedings under
this article, the court, by rule in that behalf made, may authorize the petitioner, if already in possession, to use, and, if not in possession, to take possession of and use, said premises during the pendency and until the final conclusion of such proceedings and may stay all actions and proceedings against such petitioner on account thereof, if such petitioner pays a sufficient sum into court, or to the clerk thereof, to pay the compensation in that behalf when ascertained. The court wherein any such proceedings are had shall determine the amount such petitioner is required to pay or deposit pending any such ascertainment. In every case where possession is so authorized, it is lawful for either party to conduct the proceedings to a conclusion, if the same are delayed by the other party.
(b) Upon proper application to the court or by stipulation between the
parties, the owner may withdraw from the sum so deposited an amount not to exceed three-fourths of the highest valuation evidenced or testimony presented by the petitioner at the hearing for possession, unless the petitioner agrees to a larger withdrawal, if all parties interested in the property sought to be acquired consent and agree to such withdrawal. Any such withdrawal of said deposit shall be a partial payment of the amount of total compensation to be paid and shall be deducted by the clerk of the court from any award or verdict entered thereafter.
(c) The petitioner shall not take possession of the property sought to be
taken or condemned earlier than thirty days after service of the summons upon the defendant, unless the owner consents to such possession prior to the expiration of the thirty-day period.
Source: G.L. � 1063. G.S. C. � 242. R.S. 08: � 2420. C.L. � 6316. CSA: C. 61, �
- CRS 53: � 50-1-6. L. 61: p. 371, � 3. L. 63: p. 476, � 1. C.R.S. 1963: � 50-1-6. L. 66: p. 27, � 1. L. 84: (1) amended, p. 972, � 2, effective February 17. L. 85: (6)(c) added, p. 1194, � 3, effective June 6. L. 2008: (4) amended, p. 627, � 1, effective August 5.
C.R.S. § 38-10-107
38-10-107. Not to affect will or trusts by operation of law. Section 38-10-106 shall not be construed to affect in any manner the power of the testator in the disposition of his real estate by a last will and testament nor to prevent any trust from arising or being extinguished by implication or operation of law.
Source: R.S. p. 338, � 7. G.L. � 1257. G.S. � 1516. R.S. 08: � 2661. C.L. � 5106.
CSA: C. 71, � 7. CRS 53: � 59-1-7. C.R.S. 1963: � 59-1-7.
C.R.S. § 38-12-203.5
38-12-203.5. Change in use of the park - remedies for home owners - definitions. (1) As used in this section, unless the context otherwise requires:
(a) In-place fair market value means the fair market value of the mobile
home and any attached appurtenances and structures on the lot owned by the home owner such as porches, decks, skirting, awnings, and sheds, taking into account the actual cost of all improvements made to the mobile home by the home owner. Fair market value is determined based on the value of the mobile home in its current location prior to the decision to change the use of the park.
(b) Relocation costs includes:
(I) Any reasonable costs incurred to move the mobile home, furniture, and
personal belongings therein to a replacement site;
(II) The reasonable cost of disassembling, moving, and reassembling any
attached appurtenances and structures on the lot owned by the home owner such as porches, decks, skirting, awnings, and sheds, which were not acquired by the landlord;
(III) The costs of anchoring the unit;
(IV) The costs of connecting or disconnecting the mobile home to utilities;
(V) Insurance coverage during transport; and
(VI) The cost to disassemble and reinstall any accessibility improvements
such as wheelchair ramps, lifts, and grab bars.
(2) If a landlord intends to change the use of the land comprising a mobile
home park or part of a mobile home park or the mobile home park is condemned for reasons that are the responsibility of the park owner and the change in use or condemnation would result in the displacement of one or more mobile homes in the park, for each displaced mobile home, the landlord shall provide the home owner or home owners one of the following at the home owner's or home owners' choosing within thirty days of receiving a written demand by the home owner or home owners:
(a) Payment of relocation costs to relocate the mobile home to a location of
the home owner's choosing within one hundred miles by road of the park. Relocation costs are determined based on the lowest estimate obtained by the home owner from a mobile home mover. The landlord may request a copy of the estimate to support the request for payment of relocation costs. If the home owner exercises this option, the home owner must actually relocate the mobile home and all personal belongings in accordance with the estimate used to determine relocation costs prior to the date of the change in use set forth in the notice required by section 38-12-203 (1)(d)(II). The home owner is responsible for additional mileage costs to move the mobile home to a location more than one hundred miles from the park.
(b) Submission of a binding offer to purchase the mobile home for the
greater of:
(I) Seven thousand five hundred dollars for a single-section mobile home or
ten thousand dollars for a multi-section mobile home; or
(II) One hundred percent of the in-place fair market value as determined
through the appraisal process set forth in this subsection (2)(b)(II). Within thirty days of submitting the offer, the landlord shall hire a licensed, certified residential, or certified general appraiser from the active appraisers list published by the division of real estate in the department of regulatory agencies to conduct the appraisal. If the home owner disputes the appraised value of the mobile home, the home owner may hire a licensed, certified residential, or certified general appraiser from the active appraisers list to obtain a second appraisal at the home owner's expense. To be considered, the home owner must obtain the appraisal within sixty days of receipt of the landlord's appraisal. The results of all appraisals shall be provided in writing by the appraiser to both landlord and home owner. If a second appraisal is obtained, the home owner is entitled to the average of the appraisals obtained by the landlord and the home owner. If the home owner is not satisfied with the appraisal or appraisals received, the home owner may submit a request for payment of relocation costs as set forth in subsection (2)(a) of this section. If the home owner exercises the option for purchase under this subsection (2)(b)(II), the sale closing must occur prior to the date of the change in use set forth in the notice provided pursuant to section 38-12-203 (1)(d)(II).
(3) If an appraiser conducting an appraisal pursuant to subsection (2)(b)(II) of
this section identifies lack of maintenance, deferred maintenance, or deterioration of the mobile home park beyond normal wear and tear that negatively affects the value of a mobile home, the appraiser shall determine the value of the home with an upward adjustment in value if necessary to eliminate the negative effect in value caused by the lack of maintenance, deferred maintenance, or deterioration of the park beyond normal wear and tear.
(4) On July 1, 2024, and on July 1 of each year thereafter, the department
shall adjust the amount specified in subsection (2)(b)(I) of this section in accordance with the percentage change for the previous twelve months at the time of the calculation in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. The department shall publish the adjusted amount on the department's website.
(5) A home owner is entitled to the remedies provided under this section only
if the home owner has not given notice to terminate the home owner's lease or rental agreement as of the date of the notice of the change in use.
(6) Any agreement made with a home owner to waive any rights under this
section is invalid and ineffective for any purpose.
Source: L. 2022: Entire section added, (HB 22-1287), ch. 255, p. 1857, � 6,
effective October 1. L. 2024: IP(2) amended, (HB 24-1294), ch. 399, p. 2732, � 3, effective June 30.
C.R.S. § 38-12-217
38-12-217. Notice of change of use - notice of sale or closure of park - opportunity for home owners to purchase - procedures - exemptions - enforcement - private right of action - definitions. (1) Except as specified in subsection (12) of this section:
(a) (I) A landlord shall provide notice of the landlord's intent to sell the park
within fourteen days of a triggering event demonstrating the landlord's intent to sell. The notice must be given in accordance with the requirements of subsection (2) of this section.
(II) A triggering event requiring notice under this subsection (1)(a) includes
any time the landlord:
(A) Signs a contract with a real estate broker or brokerage firm to list the
park for sale or to sell or transfer the park;
(B) Signs a letter of intent, option to sell or buy, or other conditional written
agreement with a potential buyer for the sale or transfer of the park, which includes the estimated price, terms, and conditions of the proposed sale or transfer, even if such price, terms, or conditions are subject to change;
(C) Signs a contract with a potential buyer's real estate broker or brokerage
firm related to the potential sale or transfer of the park;
(D) Accepts an earnest money promissory note or deposit from a potential
buyer for the sale or transfer of the park;
(E) Responds to a potential buyer's due diligence request for the park;
(F) Provides a signed property disclosure form for the park to a potential
buyer;
(G) Lists the park for sale;
(H) Makes a conditional acceptance of an offer for the sale or transfer of the
park;
(I) Takes any other action demonstrating an intent to sell the park; or
(J) Receives a notice of election and demand or lis pendens related to
foreclosure of the park pursuant to part 1 of article 38 of this title 38 or a notice that a certificate of levy has been filed related to the park pursuant to section 13-56-101.
(b) A landlord shall provide notice of the landlord's intent to change the use
of the land comprising the mobile home park in accordance with the requirements of subsection (2) of this section at least twelve months before the change in use will occur.
(c) No earlier than ninety days after giving the notice required by subsection
(1)(a) of this section, a landlord may post information in a public space in the mobile home park describing the method for providing a signed writing to the mobile home park owner related to the opportunity to purchase. The posting must include standard forms created by the department of local affairs related to the opportunity to purchase and the rights of mobile home park owners related to the opportunity to purchase, including a standardized form developed by the department of local affairs for the landlord to use to request the signatures of home owners who decline to participate in efforts to purchase a community. If, no earlier than ninety days after a landlord provides the notice required by subsection (1)(a) of this section, at least fifty percent of the home owners who reside in the park provide signed writings to the landlord declining to participate in purchasing the park, then the opportunity to purchase provided by subsection (4) of this section terminates even if the one-hundred-twenty-day period provided for in subsection (4)(a) of this section has not yet elapsed.
(d) A landlord shall not solicit or request a home owner's intention or a
signed writing related to the opportunity to purchase during the initial ninety days after giving notice pursuant to subsection (1)(a) of this section. During the time period for considering an opportunity to purchase, a landlord shall not attempt to coerce, threaten, or intimidate a home owner or provide any financial or in-kind incentives to a home owner to influence the home owner's vote or decision and shall not take retaliatory action against a home owner after the home owner's vote or decision. Any complaints alleging violation of this subsection (1) may be resolved under part 11 of this article 12 and subsection (15) of this section.
(2) Notice - requirements. (a) To provide notice as required by subsection
(1)(a) or (1)(b) of this section, the landlord shall mail the notice in both English and Spanish by certified mail to:
(I) Each home owner, using the most recent address of the home owner, and
shall post a copy of the notice in a conspicuous place on the mobile home or at the main point of entry to the lot;
(II) The municipality or, if the park is in an unincorporated area, the county
within which the park is located;
(III) The division of housing in the department of local affairs; and
(IV) Each home owners' association, residents' association, or similar body
that represents the residents of the park.
(b) In addition to mailing the notice, the landlord shall:
(I) Provide the notice in both English and Spanish by email to each resident
who has an email address on file with the landlord; and
(II) (A) Post the notice in both English and Spanish in a clearly visible location
in common areas of the mobile home park, including any community hall or recreation hall. The notice must remain publicly posted for a period of at least one hundred twenty days from the date it is posted or until the opportunity to purchase has expired.
(B) The landlord shall make a good faith effort to comply with the notice
requirement in subsection (2)(b)(II)(A) of this section. A good faith effort by the landlord to comply with the notice requirement in subsection (2)(b)(II)(A) of this section will not render a sale of a park to be out of compliance with this section.
(3) Contents of notice. The notice given pursuant to subsection (1)(a) of this
section must include notice of home owners' rights and remedies under this section. If the triggering event involves a potential sale, the notice must also include a description of the property to be purchased; the price, terms, and conditions of an acceptable offer the landlord has received to sell the mobile home park or the price or terms and conditions for which the landlord intends to sell the park; and any other terms or conditions which, if not met, would be sufficient grounds, in the landlord's discretion, to reject an offer from a group of home owners or their assignees. The price, terms, and conditions stated in the notice must be universal and applicable to all potential buyers and must not be specific to and prohibitive of a group or association of home owners or their assignees making a successful offer to purchase the park. The information regarding the proposed sale and the price, terms, and conditions of an acceptable offer may be shared for the purposes of evaluating or obtaining financing for the prospective transaction, but all persons who receive the information shall otherwise keep it confidential if the landlord or the landlord's agent so requests.
(4) Offer to purchase - who may submit - time limits. (a) A group or
association of home owners or their assignees have one hundred twenty days after the date that the landlord mails a notice required by subsection (1)(a) of this section to:
(I) Submit to the landlord a proposed purchase and sale agreement and
obtain an offer for any necessary financing or guarantees; or
(II) Submit to the landlord an assignment agreement pursuant to subsection
(8) of this section.
(b) Notwithstanding subsection (4)(a) of this section, if a foreclosure sale of
the park is scheduled for less than one hundred twenty days after the landlord mails a notice required by subsection (1)(a) of this section, the opportunity granted by subsection (4)(a) of this section terminates on the date of the foreclosure sale.
(c) A group or association of home owners or their assignees has the
opportunity granted by subsection (4)(a) of this section if the group or association of home owners or their assignees have the approval of at least fifty-one percent of the home owners in the park. The group or association of home owners or their assignees must submit to the landlord reasonable evidence that the home owners of at least fifty-one percent of the occupied homes in the park have approved the group or association purchasing the park.
(5) Landlord's duty to consider offer. A landlord that has given notice as
required by subsection (1)(a) of this section shall:
(a) Provide documents, data, and other information in response to reasonable
requests for information from a group or association of home owners or their assignees participating in the opportunity to purchase that would enable them to prepare an offer. The documents, data, and other information provided may be shared for the purposes of evaluating or obtaining financing for the prospective transaction, but all persons who receive the information shall otherwise keep it confidential if the landlord or the landlord's agent so requests.
(b) (I) Negotiate in good faith with a group or association of home owners or
their assignees.
(II) For purposes of this subsection (5)(b), negotiating in good faith includes,
but is not limited to, evaluating an offer to purchase from a group of home owners or their assignees without consideration of the time period for closing, the type of financing or payment method, whether or not the offer is contingent on financing or payment method or whether or not the offer is contingent on financing, an appraisal, or title work; and providing a written response within seven calendar days of receiving an offer from a group of home owners or their assignees. The written response must accept or reject the offer, and if the offer is rejected, must state:
(A) The current price, terms, or conditions of an acceptable offer that the
landlord has received to sell the mobile home park if the price, terms, or conditions have changed since the landlord gave notice to the home owners pursuant to subsection (3) of this section; and
(B) Why the landlord is rejecting the offer from a group of home owners and
what terms and conditions must be included in a subsequent offer for the landlord to potentially accept it.
(III) The price, terms, and conditions of an acceptable offer stated in the
response must be universal and applicable to all potential buyers and must not be specific to and prohibitive of a group or association of home owners or their assignees making a successful offer to purchase the park.
(c) Schedule a closing date for a purchase and sale agreement.
(6) Expiration of opportunity to purchase. (a) If the one-hundred-twenty-day period provided for in subsection (4)(a) of this section elapses and a group or
association of home owners or their assignees have not submitted a proposed purchase and sale agreement or obtained a financial commitment, the group's or association's opportunities provided by this section terminate.
(b) A landlord shall give a group or association of home owners or their
assignees an additional one hundred twenty days after the one-hundred-twenty-day period provided by subsection (4)(a) of this section to close on the purchase of the mobile home park.
(7) Extension or tolling of time. (a) The one-hundred-twenty-day periods
described in subsections (4)(a) and (6)(b) of this section may be extended by written agreement between the landlord and the group or association of home owners or their assignees.
(b) The group or association of home owners or their assignees are entitled
to tolling of the time periods described in subsections (4)(a) and (6)(b) of this section in any of the following circumstances:
(I) If there is a reasonable delay in obtaining financing or a required
inspection or survey of the land that is outside the control of the group or association of home owners or their assignees, the time period is tolled for the duration of the delay;
(II) If the group or association of home owners or their assignee files a
nonfrivolous complaint with the department of local affairs alleging a violation of this section, the time period is tolled until the department of local affairs issues a written notice of violation or notice of nonviolation that has become a final agency order determining whether a violation has occurred or the parties reach a resolution by signing a settlement agreement approved by the department of local affairs; and
(III) If the group or association of home owners has attempted to assign their
rights pursuant to subsection (8) of this section, the time period is tolled from the time the group or association makes the offer of assignment until the potential assignee either confirms in writing that the offer is rejected or a written assignment contract is executed; except that the time period shall not be tolled for more than ninety days pursuant to this subsection (7)(b)(III).
(8) Assignment of right to purchase. (a) A group or association of home
owners or their assignees that have the opportunity to purchase under subsection (4) of this section may assign their purchase right to a local government, tribal government, housing authority, nonprofit with expertise related to housing, or the state or an agency of the state for the purpose of continuing the use of the park.
(b) (I) If a group or association of home owners or their assignees comprising
more than fifty percent of home owners in a park choose to assign their rights to a public entity under this subsection (8), the home owners or their assignees shall enter into a written assignment contract with the public entity. The assignment contract must include the terms and conditions of the assignment and for how the park will be operated if the public entity purchases the park. The assignment contract must provide that the terms and conditions are applicable to any designee selected by the public entity pursuant to subsection (8)(b)(II) of this section. The terms and conditions may include, but are not limited to:
(A) Any deed restrictions that may be required or permitted regarding the
lots or the houses in the park;
(B) Any restrictions on rent or fee increases that apply if the public entity
purchases the park;
(C) Any required conditions, such as the required demonstration of approval
from home owners, for redeveloping or changing the use of some or all of the park;
(D) A management agreement for how the park will be operated if the public
entity purchases the park;
(E) Any changes to park rules or regulations that apply if the public entity
purchases the park; and
(F) Any agreement between the parties regarding the transfer of statutory
responsibilities associated with managing the park, and any limitations or waivers of liability.
(II) A public entity shall only exercise its right of first refusal for the purpose
of preserving the mobile home park as long-term affordable housing. The public entity may designate a housing authority or other political subdivision to purchase the park pursuant to the public entity's right of first refusal for this purpose if the option for a designation is expressly agreed to in the assignment contract.
(III) The public entity or its designee shall promptly provide notice of the
assignment contract to the landlord.
(c) (I) If a landlord receives notice that a group or association of home owners
has entered an assignment contract with a public entity pursuant to subsection (8)(b) of this section, the landlord shall provide a right of first refusal to the public entity or its designee. Any purchase and sale agreement entered into by the landlord must be contingent upon the right of first refusal of the public entity or its designee to purchase the mobile home park.
(II) Within thirty days after receiving notice of an assignment contract, the
landlord shall provide the public entity or its designee with the terms upon which the landlord would accept an offer to sell the park or a contingent purchase and sale agreement that is effective upon its execution. The public entity has one hundred twenty days from the date the public entity or its designee receives the terms or contingent purchase and sale agreement to notify the landlord of the public entity's intent to purchase the mobile home park or of the public entity's intent to facilitate the purchase of the mobile home park by its designee.
(III) The landlord shall sell the mobile home park to the public entity or its
designee if, within the one-hundred-twenty-day period, the public entity or its designee:
(A) Notifies the landlord of its intent to purchase the park or facilitate the
purchase of the park by its designee;
(B) Accepts the contingent purchase and sale agreement provided by the
landlord or offers the landlord terms that are economically substantially identical to the terms of the contingent purchase and sale agreement or to the terms the landlord provided pursuant to subsection (8)(c)(II) of this section; and
(C) Commits to close within one hundred twenty days from the date the
public entity or its designee and the owner sign a purchase and sale agreement.
(IV) For the purpose of determining whether the terms of an offer are
economically substantially identical under subsection (8)(c)(III)(B) of this section, it is immaterial how the offer would be financed.
(d) A landlord shall not take any action that would preclude the public entity
or its designee from succeeding to the rights of and assuming the obligations of the designee of the terms of the contingency purchase and sale agreement or negotiating with the landlord for the purchase of the mobile home park during the notice periods identified in this section.
(e) In addition to any other times, during the notice periods identified in this
section, a public entity may pursue preservation of the mobile home park as affordable housing through negotiation for purchase or through condemnation.
(f) As used in this subsection (8), public entity means the state, an agency
of the state, a local government, a tribal government, or any political subdivision of the state, a local government, or a tribal government.
(9) Independence of time limits and notice provisions. (a) Except as
provided in subsection (9)(b) of this section, each occurrence of a triggering event listed in subsection (1)(a) of this section creates an independent, one-hundred-twenty-day opportunity to purchase for the group or association of home owners or their assignees. If a one-hundred-twenty-day opportunity to purchase is in effect and a new triggering event occurs, the ongoing one-hundred-twenty-day time period terminates and a new one-hundred-twenty-day time period begins on the latest date on which the landlord gives notice, as required by subsection (1)(a) or (2) of this section, of the new triggering event.
(b) A landlord is not required to provide a new or subsequent notice of intent
to sell for each triggering event listed in subsection (1)(a) of this section if:
(I) (A) The new demonstration of intent occurs within sixty calendar days of
the certified mailing of the most recent notice under subsection (2) of this section; and
(B) There are no material changes to the identity of a potential buyer if the
landlord has made a conditional agreement with a buyer; to the time when the park is listed for sale; or to the price, terms, and conditions of an acceptable offer the landlord has received to sell the mobile home park or for which the landlord intends to sell the park, which were included in the most recent notice provided pursuant to subsection (1)(a) of this section; or
(II) The landlord is only considering an offer from a group or association of
home owners who reside in the park; except that a landlord shall provide a new or subsequent notice if at any point there is a new triggering event specified in subsection (1)(a) of this section involving a different party.
(b.5) Any material change to the price, terms, and conditions of an
acceptable offer the landlord has received to sell the mobile home park or for which the landlord intends to sell the park is considered a new triggering event, requiring a new notice pursuant to subsection (1)(a) of this section and creating a new one-hundred-twenty-day time period.
(c) A notice required under this section is in addition to, and does not
substitute for or affect, any other notice requirement under this part 2.
(10) A landlord shall not make a final, unconditional acceptance of any offer
for the sale or transfer of the park until:
(a) The landlord has considered an offer made by a group or association of
home owners or their assignees pursuant to subsections (4), (5), and (8) of this section; or
(b) The applicable period for exercise of the opportunity to purchase has
expired pursuant to subsection (6) of this section.
(11) Failure to complete transaction - affidavit of compliance. If the group or
association of home owners or their assignees are not the successful purchaser of the park, the landlord shall provide evidence of compliance with this section by filing an affidavit of compliance with:
(a) The municipality or, if the park is in an unincorporated area, the county,
within which the park is located; and
(b) The division of housing in the department of local affairs.
(12) Exemptions from notice requirement. Notwithstanding any provision to
the contrary, a landlord is not required to give notice or extend an opportunity to purchase to a group or association of home owners or their assignees if the sale, transfer, or conveyance of the mobile home park is:
(a) To a spouse, a partner in a civil union, or a parent, sibling, aunt, uncle, first
cousin, or legally recognized child of the landlord;
(b) To a trust the beneficiaries of which are the spouse, partner in a civil
union, or legally recognized children of the landlord;
(c) (I) To a business entity or trust that the transferring business entity or
trust controls, directly or indirectly.
(II) As used in this subsection (12)(c), controls means:
(A) Owns entirely as a subsidiary;
(B) Owns a majority interest in; or
(C) Owns as large an ownership interest as any other owner, with a minimum
ownership interest of twenty-five percent.
(d) To a family member who is included within the line of intestate
succession if the landlord dies intestate;
(e) Between joint tenants or tenants in common; or
(f) Pursuant to eminent domain.
(13) To qualify for an exemption under subsection (12) of this section, a
transaction must not be made in bad faith, must be made for a legitimate business purpose or a legitimate familial purpose consistent with the exemptions listed in subsection (12) of this section, and must not be made for the primary purpose of avoiding the opportunity-to-purchase provisions set forth in this section.
(14) Triggering events not essential. (a) A group or association of home
owners or their assignees may submit an offer to purchase to a landlord at any time, even if none of the events listed in subsection (1)(a) of this section has occurred.
(b) The landlord shall consider in good faith any offer made in accordance
with subsection (14)(a) of this section.
(15) Penalties and enforcement. (a) (I) For purposes of this title 38, the
rights accorded to home owners in this section are property interests.
(II) Any title transferred subsequent to the triggering events in subsection
(1)(a) of this section is defective unless the property interests of the home owners as set forth in subsection (15)(a)(I) of this section are secured or until an equitable remedy has been provided.
(b) If the division of housing in the department of local affairs receives a
complaint filed in accordance with part 11 of this article 12, the division shall investigate the alleged violations at the division's discretion, and, if appropriate, facilitate negotiations between the complainant and respondent in accordance with part 11 of this article 12. The division may also investigate possible violations of this section upon its own initiative. In addition to the remedies described in section 38-12-1105, the division may:
(I) Impose a fine on the seller of the mobile home park in an amount not to
exceed thirty percent of the sale or listing price of the park, whichever is greater, which the division shall distribute to the home owners in the park; or
(II) File a civil action for injunctive or other relief in the district court for the
district in which the park is located.
(c) Subject to available resources, the attorney general may investigate
possible violations of this section. If the attorney general makes a preliminary finding that a landlord or seller of a mobile home park substantially failed to comply with this section, and if continuation of the sale is likely to result in significant harm to the property interests of the home owners as set forth in subsection (15)(a)(II) of this section, the attorney general:
(I) Shall inform the registrar of titles that the home owners with property
interests under this section have an adverse claim on the property, which must be recorded on the certificate of title;
(II) May, pursuant to section 38-36-131 and subject to the time limits of
section 38-36-132, issue an order providing temporary injunctive relief to preserve the ownership status quo if the order is issued prior to a transfer of title or to revert the ownership to status quo ante subject to the limitations of article 41 of this title 38 if the order is issued after the transfer of title; and
(III) May continue to investigate, negotiate, and, if appropriate, file a civil
action to secure and enforce the rights of home owners under this section or to secure an equitable remedy on their behalf.
(d) One or more home owners or their assignees may file a civil action
alleging a violation of this section pursuant to section 38-12-220.
Source: L. 87: Entire section added, p. 1316, � 1, effective July 1. L. 2005:
Entire section amended, p. 110, � 3, effective August 8. L. 2010: (1)(a) and (2) amended, (SB 10-156), ch. 343, p. 1590, � 9, effective July 1. L. 2020: Entire section R&RE, (HB 20-1201), ch. 196, p. 930, � 2, effective June 30. L. 2022: (1), (2), (3), (4)(a), (4)(b), IP(5), (5)(a), (5)(b), (6), (7), (8), (9), (10)(a), and (14)(a) amended and (15) R&RE, (HB 22-1287), ch. 255, p. 1866, � 16, effective October 1. L. 2024: (9)(b) amended and (9)(b.5) added, (HB 24-1294), ch. 399, p. 2742, � 14, effective June 4.
Editor's note: Subsections IP(7)(b), (7)(b)(I), (7)(b)(II), and (7)(b)(III) were
numbered as subsections IP(7)(b)(I), (7)(b)(I)(A), (7)(b)(I)(B), and (7)(b)(I)(C), respectively, in HB 22-1287 but were renumbered on revision for ease of location.
Cross references: For the legislative declaration in HB 20-1201, see section 1
of chapter 196, Session Laws of Colorado 2020.
C.R.S. § 38-12-513
38-12-513. Receivership of residential housing - definition. (1) The purpose of this section is to establish a receivership mechanism that will be available as a remedy for violations of applicable laws and regulations by the landlord of multifamily residential property. The duties of a receiver are to achieve the purposes of this part 5 pursuant to section 38-12-501, to ensure that multifamily residential property is fit for human habitation as required by section 38-12-503 (1), and to ensure that the multifamily residential property complies with all county or municipal public health codes or municipal ordinances regulating public health and safety that apply to multifamily residential property.
(2) The following parties may apply to the district court for the appointment
of a receiver to operate a multifamily residential property:
(a) The attorney general, when the attorney general has reasonable cause to
believe that any person, whether in this state or elsewhere, has engaged in or is engaging in a pattern of neglect in connection with the multifamily residential property; and
(b) A county, city and county, or municipality when the county, city and
county, or municipality has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in a pattern of neglect in connection with the multifamily residential property.
(c) As used in this subsection (2), unless the context otherwise requires,
pattern of neglect means evidence that a person has maintained the multifamily residential property in a state of disrepair that constitutes a threat to the health, safety, or security of the tenants or the public. A threat to the health, safety, or security of the tenants includes:
(I) A vermin or rat infestation;
(II) Filth or contamination;
(III) Inadequate ventilation, illumination, sanitary, heating, or life safety
facilities;
(IV) Inoperative fire suppression or warning equipment;
(V) Inoperative doors or window locks; and
(VI) Any other condition that constitutes a hazard to tenants, occupants, or
the public.
(3) (a) A petitioner seeking the appointment of a receiver pursuant to this
section must file an application with the district court for the county or city and county where the multifamily residential property is located.
(b) (I) The district court shall not hold a hearing concerning an application for
the appointment of a receiver pursuant to this section sooner than three business days after the following parties have been served with notice thereof, as provided in the Colorado rules of civil procedure:
(A) The landlord of the multifamily residential property;
(B) Any lessee or mortgagee of the multifamily residential property, except
that the failure to serve any such party whose name and address are not available to the petitioner does not preclude the court from holding the hearing or invalidating the proceeding so long as the notice is posted at the property;
(C) The city or town in which the multifamily residential property is located;
(D) The county or city and county in which the multifamily residential
property is located;
(E) The attorney general's office;
(F) The department of local affairs; and
(G) If the multifamily residential property is subject to a form of local, state,
or federal government subsidy or support or other government assistance that has a recorded use covenant upon the property, the provider of that subsidy, support, or other government assistance.
(II) In providing notice pursuant to subsection (3)(b)(I) of this section, a party
does not have to provide notice to itself.
(III) A petitioner seeking the appointment of a receiver pursuant to this
section must conspicuously post notice of the petition on and around the relevant multifamily residential property. This notice shall include the phone number and email address of the petitioner. The petitioner is strongly encouraged to post the notice in languages other than English, if the petitioner is aware that those languages are spoken by the property's tenants.
(c) An application for appointment of a receiver pursuant to this subsection
(3) has precedence and priority over any civil or criminal case pending in the district court where the application is filed.
(4) (a) The district court's appointment of a receiver pursuant to this section
shall be in accordance with and governed by rule 66 of the Colorado rules of civil procedure.
(b) To appoint a receiver pursuant to this section, the district court must find
that:
(I) Grounds for the appointment of a receiver exist due to a finding by the
district court, based on a preponderance of the evidence, supporting the relevant claims in an application submitted by a party pursuant to subsection (2) of this section; and
(II) Proper notice as required by subsection (3) of this section has been
served.
(c) A receiver appointed by the district court pursuant to this section must be
a person with knowledge and experience in the operation, maintenance, and improvement of residential housing. The receiver must be financially and legally independent of the multifamily residential property's ownership or management. The district court may also require that the receiver post a bond with adequate sureties as determined by the court.
(d) In appointing a receiver pursuant to this section, the district court must
hold a hearing, at which time the parties may appear and be heard.
(e) Following the hearing described in subsection (4)(d) of this section, if the
court appoints a receiver, the court must enter an order of appointment that specifies the duties and responsibilities of the receiver, which must include that the receiver:
(I) Within thirty days of being appointed by the district court, submit a plan to
the district court for the remediation of any violations of this part 5, other than a violation of section 38-12-503 (5), a county or city and county public health code, or a municipal ordinance;
(II) Take the actions necessary to ensure that the multifamily residential
property is no longer in violation of this part 5, other than a violation of section 38-12-503 (5), a county or city and county public health code, or a municipal ordinance;
(III) No later than every thirty days after being appointed by the district
court, submit an accounting and status report to the district court, which must include actions that have been completed and actions that are still ongoing to achieve compliance with this part 5, a county or city and county public health code, or a municipal ordinance; and
(IV) At the end of the receivership, as described in subsection (8) of this
section, submit a final accounting and status report to the court, which must include actions that have been completed and actions that are still ongoing to achieve compliance with this part 5, a county or city and county public health code, or a municipal ordinance.
(5) (a) A receiver appointed by the district court pursuant to this section has
the power to:
(I) Remediate any violation by the multifamily residential property of this
part 5, other than a violation of section 38-12-503 (5), a county or city and county public health code, or a municipal ordinance;
(II) As necessary to accomplish the remediation and compliance described in
subsection (5)(a)(I) of this section:
(A) Enter into new contracts;
(B) Borrow money;
(C) Secure funds by granting liens upon the multifamily residential property;
and
(D) Receive rent from tenants of the multifamily residential property; and
(III) Exercise any other powers deemed necessary by the district court and
not inconsistent with rule 66 of the Colorado rules of civil procedure.
(b) The receiver's fees established in the district court's order of
appointment entered pursuant to subsection (4)(e) of this section may only be covered by money that the receiver raises pursuant to subsection (5)(a)(II)(C) of this section.
(c) In exercising its powers pursuant to this subsection (5), a receiver is not
required to employ standard public bidding practices and may:
(I) Carry out executory contracts;
(II) Enter into new contracts;
(III) Borrow money;
(IV) Mortgage or pledge property;
(V) Sell assets at public or private sale;
(VI) Make and receive conveyances in the corporate name;
(VII) Lease real estate;
(VIII) Settle or compromise claims;
(IX) Commence and prosecute all actions and proceedings necessary to
enable liquidation; and
(X) Distribute assets either in cash or in kind among members according to
their respective rights after paying or adequately providing for the payment of liabilities.
(6) The receiver shall perform duties, assume responsibilities, and preserve
the multifamily residential property in accordance with established principles of law for receivers of real property. In so doing, the receiver:
(a) Shall perform their duties in a way that minimizes, to the greatest extent
possible, further disruption of the multifamily residential property's tenants;
(b) Shall communicate, at least once a week, in a manner reasonably
calculated to be received by the multifamily residential property's tenants, such as by conspicuously posting communications on and around the property or on the property's online tenant portal, concerning what measures the receiver is taking to bring the property into compliance with a county or city and county public health code, or a municipal ordinance and otherwise bringing the property into compliance with this part 5;
(c) Shall first apply rents received pursuant to subsection (5)(a)(II)(D) of this
section toward the payment of any utilities or services for the multifamily residential property;
(d) After applying rents received pursuant to subsection (5)(a)(II)(D) of this
section as described in subsection (6)(c) of this section, shall apply rents received pursuant to subsection (5)(a)(II)(D) of this section toward the cost of remediating any violation by the multifamily residential property of this part 5, other than a violation of section 38-12-503 (5), a county or city and county public health code, or a municipal ordinance and otherwise bringing the property into compliance with this part 5;
(e) After applying rents received pursuant to subsection (5)(a)(II)(D) of this
section as described in subsection (6)(d) of this section, shall apply rents received pursuant to subsection (5)(a)(II)(D) of this section for purposes reasonably necessary in the ordinary course of business of the multifamily residential property, including maintenance and upkeep of the property; mortgages, or other debts; and payment of the receiver's fees;
(f) Has a fiduciary duty to the owner of the multifamily residential property
to maintain and preserve the property so long as the violation by the multifamily residential property of this part 5, other than a violation of section 38-12-503 (5), is addressed, and owes a duty to the property's residents;
(g) Shall not initiate a forcible entry or detainer action or proceeding related
to the nonpayment of before the beginning of the receivership;
(h) May initiate a forcible entry or detainer action or proceeding related to
the nonpayment of rent that occurs during the receivership; and
(i) Shall not increase rents, fees, or costs charged to the multifamily
residential property's tenants beyond the levels of the rents, fees, and costs charged when the court appointed the receiver.
(7) Nothing in this section prevents the court from altering or amending the
terms and conditions of the receivership or the receiver's responsibilities and duties following a hearing, at which time the parties may appear and be heard, and nothing in this section prohibits the parties from stipulating to the terms and conditions of the receivership and the responsibilities and duties of the receiver, including the duration thereof, which stipulation must be submitted to the court for approval.
(8) (a) No sooner than ninety days after the district court has appointed a
receiver for a multifamily residential property, any of the following may submit an application to the district court seeking the termination of the receivership:
(I) The landlord of the multifamily residential property;
(II) Any lessee of the entire multifamily residential property;
(III) The attorney general's office;
(IV) The city or town in which the multifamily residential property is located;
and
(V) The county or city and county in which the multifamily residential
property is located.
(b) A district court may only terminate a receivership if it:
(I) Receives an application to terminate the receivership pursuant to
subsection (8)(a) of this section;
(II) Finds that terminating a receivership is in the public interest and in the
best interest of the multifamily residential property's tenants; and
(III) Finds that the landlord, operator, or manager of the multifamily
residential property has:
(A) Demonstrated that it will carry out, in the time frame most recently
approved by the court pursuant to subsection (4) or (7) of this section, any remaining actions identified by the receiver as necessary to ensure that the multifamily residential property is no longer in violation of this part 5, other than a violation of section 38-12-503 (5), a county or city and county public health code, or a municipal ordinance;
(B) Paid or deposited with the district court any money necessary for the
receiver to complete their duties pursuant to this section;
(C) Agreed to assume all legal obligations, including debt or liens, incurred
by the receiver in connection with the receivership of the multifamily residential property;
(D) Paid any costs incurred by the receiver in connection with the
receivership of the multifamily residential property; and
(E) Posted a bond with the district court in an amount determined by the
district court and equal to not more than fifty percent of the fair market value of the multifamily residential property, which bond is forfeited in the event of future violation by the multifamily residential property of this part 5, other than a violation of section 38-12-503 (5), a county or city and county public health code, or a municipal ordinance and failure to bring the multifamily residential property into compliance with this part 5, county or city and county public health codes, and municipal ordinances, and which bond is released when the actions, obligations, and indebtedness identified in this subsection (8)(b)(III) are completed or otherwise satisfied.
(c) Notwithstanding subsection (8)(b) of this section, the district court may
terminate the receivership upon a finding that the receiver has completed its work and that all violations by the multifamily residential property of this part 5, other than a violation of section 38-12-503 (5), a county or city and county public health code, or a municipal ordinance have been remedied and the multifamily residential property has been brought into compliance with this part 5, county or city and county public health codes, and municipal ordinances.
(d) Upon a finding that the landlord of the multifamily residential property
has not complied with any of the conditions identified in subsection (8)(b)(III) of this section, the district court may reappoint the receiver.
(e) After terminating the receivership pursuant to this subsection (8), the
district court:
(I) May appoint the receiver, or another qualified entity that satisfies the
requirements of a receiver established in subsection (4)(c) of this section, to monitor the landlord's operation and maintenance of the multifamily residential property;
(II) Shall order a final accounting and finally fix the fees and expenses of the
receiver following a hearing, at which time the parties may appear and be heard; and
(III) Shall require the receiver to communicate in a manner reasonably
calculated to be available to the multifamily residential property's tenants, such as by conspicuously posting communications on and around the property or on the property's online tenant portal, that the receivership has been terminated and the name, phone number, and email address of the owner, manager, or other entity that will assume the responsibility of making the property compliant with this part 5, a county or city and county public health code, or a municipal ordinance.
(9) Notwithstanding anything in this section to the contrary:
(a) Nothing in this section relieves the landlord of the multifamily residential
property of any civil or criminal liability or any duty imposed by reason of acts or omissions of the landlord, nor does the district court's appointment of a receiver suspend any obligation the landlord of the multifamily residential property or any other person may have for payment of taxes, any operating or maintenance expenses, or mortgages or liens, or for repair of the multifamily residential property;
(b) A receiver appointed by a district court pursuant to this section is liable
for injuries to persons and property to the same extent as the landlord of the multifamily residential property would have been liable; except that, such liability is limited to the assets and income of the receivership, including any proceeds of insurance purchased by the receiver in its capacity as receiver;
(c) A receiver is not personally liable for actions or inactions within the scope
of the receiver's capacity as receiver;
(d) Only a suit approved by the district court that appoints the receiver may
be brought against the receiver;
(e) Nothing in this section limits the right of tenants to seek a remedy for a
violation of this part 5, other than a violation of section 38-12-503 (5), including a breach of the warranty of habitability, that occurred before the appointment of a receiver pursuant to this section;
(f) Nothing in this section limits the powers of any home rule municipality to
enact ordinances or otherwise safeguard the health, safety, and welfare of residents of multifamily residential properties; and
(g) Nothing in this section limits the right of tenants to raise any
counterclaims or defenses in any summary process or other action regarding possession brought by a receiver.
Source: L. 2025: Entire section added, (SB 25-020), ch. 264, p. 1357, � 6,
effective August 6.
PART 6
ELECTRIC VEHICLE CHARGING SYSTEMS
C.R.S. § 38-12-803
38-12-803. Disclosure - elevated radon - definition. (1) A tenant that rents residential real property has the right to be informed of whether the property has been tested for elevated levels of radon.
(2) (a) Before signing a lease agreement for residential real property, the
landlord shall disclose and provide in writing to the tenant the following information in a document that the tenant signs to acknowledge receipt of the disclosure:
(I) A warning statement in bold-faced type that is clearly legible in
substantially the same form as is specified as follows:
The Colorado Department of Public Health and Environment strongly
recommends that ALL tenants have an indoor radon test performed before leasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.
Residential real property may present exposure to dangerous levels of
indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. A landlord is required to provide the tenant with any known information on radon test results of the residential real property.
(II) Any knowledge the landlord has of the residential real property's radon
concentrations, including the following information:
(A) Whether a radon test or tests have been conducted on the residential
real property;
(B) The most current records and reports pertaining to radon concentrations
within the residential real property;
(C) A description of any radon concentrations detected or mitigation or
remediation performed; and
(D) Information regarding any radon mitigation system, including a system
description and documentation, if a radon mitigation system has been installed in the residential real property; and
(III) A copy of the most recent brochure published by the department of
public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.
(b) The tenant shall acknowledge receipt of the information described in
subsection (2)(a) of this section by signing the disclosure.
(3) (a) Subject to subsection (3)(b) of this section, a tenant may void a lease
agreement and vacate the premises in accordance with section 38-12-507 if the landlord fails to:
(I) Provide the written disclosures described in subsection (2) of this section;
or
(II) Make a reasonable effort to mitigate radon within one hundred eighty
days after being notified that a radon measurement professional has determined the air concentration of radon is four picocuries per liter or more.
(b) On or after January 1, 2026, this subsection (3) does not apply to a lease
agreement that is one year or less in duration.
(4) As used in this section, residential real property includes:
(a) A single-family home, manufactured home, mobile home, condominium,
apartment, townhome, or duplex; or
(b) A home sold by the owner, a financial institution, or the United States
department of housing and urban development.
Source: L. 2023: Entire section added, (SB 23-206), ch. 356, p. 2137, � 3,
effective August 7.
Cross references: For the legislative declaration in SB 23-206, see section 1
of chapter 356, Session Laws of Colorado 2023.
PART 9
RENTAL APPLICATION FAIRNESS ACT
C.R.S. § 38-13-102
38-13-102. Definitions. As used in this article 13, unless the context otherwise requires:
(1) Administrator means the state treasurer.
(2) Administrator's agent means a person with whom the administrator
contracts to conduct an examination under part 10 of this article 13 on behalf of the administrator. The term includes an independent contractor of the person and each individual participating in the examination on behalf of the person or contractor.
(3) Apparent owner means a person whose name appears on the records of
a holder as the owner of property held, issued, or owing by the holder.
(4) Business association means an entity as defined in section 7-90-102
(20), but does not include an investment company registered under the federal Investment Company Act of 1940, as amended, 15 U.S.C. secs. 80a-1 to 80a-64.
(5) Confidential information means records, reports, and information that
are confidential under section 38-13-1402.
(5.5) Cryptocurrency means a digital currency in which transactions are
verified and records are maintained by a decentralized system using a blockchain rather than by a centralized authority.
(6) Domicile means:
(a) For a corporation, the state of its incorporation;
(b) For a business association whose formation requires a filing with a state,
other than a corporation, the state of its filing;
(c) For a federally chartered entity or an investment company registered
under the federal Investment Company Act of 1940, as amended, 15 U.S.C. secs. 80a-1 to 80a-64, the state of its home office; and
(d) For any other holder, the state of its principal place of business.
(7) Electronic means relating to technology having electrical, digital,
magnetic, wireless, optical, electromagnetic, or similar capabilities.
(8) Electronic mail means any communication of information by electronic
means that is automatically retained and stored and may be readily accessed or retrieved.
(9) Financial organization means a savings and loan association, building
and loan association, savings bank, industrial bank, bank, banking organization, or credit union.
(9.5) Financial organization loyalty card means a record given with or
without direct monetary consideration, under an award, reward, benefit, loyalty, incentive, rebate, or promotional program established by a financial organization for purposes of rewarding a relationship with the sponsoring entity. The term includes a record that may be monetized.
(10) Game-related digital content means digital content that exists only in
an electronic game or electronic-game platform. The term:
(a) Includes:
(I) Game-play currency such as a virtual wallet, even if denominated in
United States currency; and
(II) The following if for use or redemption only within that game or platform
or another electronic game or electronic-game platform:
(A) Points sometimes referred to as gems, tokens, gold, and similar names;
and
(B) Digital codes; and
(b) Does not include an item that the issuer:
(I) Permits to be redeemed for use outside of a game or platform for:
(A) Money; or
(B) Goods or services that have more than minimal value; or
(II) Otherwise monetizes for use outside of a game or platform.
(11) Gift card:
(a) Means a stored-value card:
(I) The value of which does not expire;
(II) That may be decreased in value only by redemption for merchandise,
goods, or services; and
(III) That, unless required by law, may not be redeemed for or converted into
money or otherwise monetized by the issuer; and
(b) Includes a prepaid commercial mobile radio service, as defined in 47 CFR
20.3, as amended.
(12) Holder means a person obligated to hold for the account of, or to
deliver or pay to, the owner property that is subject to this article 13.
(13) Insurance company means an association, corporation, or fraternal or
mutual-benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit-life, contract-performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage-protection, and workers' compensation insurance.
(13.3) Legacy preneed contract means a preneed contract, as defined in
section 10-15-102 (13), including both a preneed contract for funeral merchandise and services and a preneed contract for cemetery merchandise and services, that was entered into before August 10, 2022.
(13.5) Legacy preneed contract beneficiary means, for any legacy preneed
contract entered into on or after July 1, 1967, any person specified in the legacy preneed contract upon whose death a final resting place, merchandise, as defined in section 10-15-102 (1), or services, as defined in section 10-15-102 (16), shall be provided, delivered, or performed.
(14) Loyalty card means a record given without direct monetary
consideration, under an award, reward, benefit, loyalty, incentive, rebate, or promotional program, that may be used or redeemed only to obtain goods or services or a discount on goods or services. The term does not include a record that may be redeemed for money or otherwise monetized by the issuer.
(15) Mineral means gas, oil, coal, oil shale, other gaseous liquid or solid
hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral under Colorado law other than this article 13.
(16) Mineral proceeds means an amount payable for extraction, production,
or sale of minerals or, on the abandonment of the amount, the amount that becomes payable after abandonment. The term includes an amount payable:
(a) For the acquisition and retention of a mineral lease, including a bonus,
royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental;
(b) For the extraction, production, or sale of minerals, including a net
revenue interest, royalty, overriding royalty, extraction payment, and production payment; and
(c) Under an agreement or option, including a joint operating agreement, unit
agreement, pooling agreement, and farm-out agreement.
(17) Money order means a payment order for a specified amount of money
and includes an express money order and a personal money order on which the remitter is the purchaser.
(18) Municipal bond means a bond or evidence of indebtedness issued by a
municipality or other political subdivision of a state.
(19) Net card value means the original purchase price or original issued
value of a stored-value card, plus amounts added to the original price or value and minus amounts used and any service charge, fee, or dormancy charge permitted by law.
(20) Nonfreely transferable security means a security that cannot be
delivered to the administrator by the Depository Trust Clearing Corporation or a similar custodian of securities providing post-trade clearing and settlement services to financial markets or cannot be delivered because there is no agent to effect transfer. The term includes a worthless security.
(21) Owner means a person that has a legal, beneficial, or equitable
interest in property subject to this article 13 or the person's legal representative when acting on behalf of the owner. The term includes:
(a) A depositor, for a deposit;
(b) A beneficiary, for a trust other than a deposit in trust;
(c) A creditor, claimant, or payee, for other property; and
(d) The lawful bearer of a record that may be used to obtain money, a reward,
or a thing of value.
(22) Payroll card means a record that evidences a payroll-card account as
defined in Regulation E, 12 CFR Part 1005, as amended.
(23) Person means an individual; estate; business association; public
corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity.
(24) Property means tangible property described in section 38-13-205 or a
fixed and certain interest in intangible property held, issued, or owed in the course of a holder's business or by a government, governmental subdivision, agency, or instrumentality. The term:
(a) Includes all income from or increments to the property;
(b) Includes property referred to as or evidenced by:
(I) Money, virtual currency, interest, dividend, a check, draft, deposit, or
payroll card;
(II) A credit balance, customer's overpayment, stored-value card, security
deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance;
(III) A security except for:
(A) A worthless security; or
(B) A security that is subject to a lien, legal hold, or restriction evidenced on
the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;
(IV) A bond, debenture, note, or other evidence of indebtedness;
(V) Money deposited to redeem a security, make a distribution, or pay a
dividend;
(VI) An amount due and payable under the terms of an annuity contract or
insurance policy; and
(VII) An amount distributable from a trust or custodial fund established
under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit-sharing, employee-savings, supplemental-unemployment insurance, or similar benefits; and
(c) Does not include:
(I) Property held in a plan described in section 529A of the federal Internal
Revenue Code of 1986, as amended, 26 U.S.C. sec. 529A;
(II) Game-related digital content;
(III) A loyalty card;
(IV) A paper certificate that is redeemable upon presentation for goods or
services;
(V) Unclaimed capital credit payments held by cooperative electric
associations and telephone cooperatives; or
(VI) A financial organization loyalty card.
(25) Putative holder means a person believed by the administrator to be a
holder, until the person pays or delivers to the administrator property subject to this article 13 or the administrator or a court makes a final determination that the person is or is not a holder.
(26) 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.
(27) Security means:
(a) A security as defined in section 4-8-102 (15); or
(b) A security entitlement as defined in section 4-8-102 (17), including a
customer security account held by a registered broker-dealer to the extent that the financial assets held in the security account are not:
(I) Registered on the books of the issuer in the name of the person for which
the broker-dealer holds the assets;
(II) Payable to the order of the person; or
(III) Specifically indorsed to the person; or
(c) An equity interest in a business association not included in subsection
(27)(a) or (27)(b) of this section.
(28) 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.
(29) State means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(30) Stored-value card:
(a) Means a record evidencing a promise made for consideration by the seller
or issuer of the record that goods, services, or money will be provided to the owner of the record to the value or amount shown in the record;
(b) Includes:
(I) A record that contains or consists of a microprocessor chip, magnetic
strip, or other means for the storage of information, that is prefunded and whose value or amount is decreased on each use and increased by payment of additional consideration;
(II) A gift card, except as specified in section 38-13-219; and
(III) A payroll card; and
(c) Does not include a loyalty card, a financial organization loyalty card, or
game-related digital content.
(31) Utility means a person that owns or operates for public use a plant,
equipment, real property, franchise, or license for the following public services:
(a) Transmission of communications or information;
(b) Production, storage, transmission, sale, delivery, or furnishing of
electricity, water, steam, or gas; or
(c) Provision of sewage and septic services or trash, garbage, or recycling
disposal.
(32) Virtual currency means any type of digital representation of value,
including cryptocurrency, that is used as a medium of exchange, unit of account, or a store of value, but that does not have legal tender status as recognized by the United States. The term does not include:
(a) The software or protocols governing the transfer of the digital
representation of value;
(b) Game-related digital content;
(c) A loyalty card;
(d) A financial organization loyalty card; or
(e) A gift card.
(33) Worthless security means a security whose cost of liquidation and
delivery to the administrator would exceed the value of the security on the date a report is due under this article 13.
Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 407, � 1, effective
July 1, 2020. L. 2021: (9.5), (24)(c)(VI), and (32)(d) added and (24)(c)(IV), (24)(c)(V), (30)(c), (32)(b), and (32)(c) amended, (SB 21-121), ch. 32, p. 131, � 1, effective April 15. L. 2025: (5.5), (13.3), (13.5), and (32)(e) added and IP(32), (32)(c), and (32)(d) amended, (HB 25-1224), ch. 440, p. 2531, � 2, effective June 4.
C.R.S. § 38-2-101
38-2-101. Who may condemn real estate, rights-of-way, or other rights - additional requirements for private toll roads and toll highways. (1) If any corporation formed for the purpose of constructing a road, ditch, reservoir, pipeline, bridge, ferry, tunnel, telegraph line, railroad line, electric line, electric plant, telephone line, or telephone plant is unable to agree with the owner for the purchase of any real estate or right-of-way or easement or other right necessary or required for the purpose of any such corporation for transacting its business or for any lawful purpose connected with the operations of the company, the corporation may acquire title to such real estate or right-of-way or easement or other right in the manner provided by law for the condemnation of real estate or right-of-way. Any ditch, reservoir, or pipeline company, in the same manner, may condemn and acquire the right to take and use any water not previously appropriated.
(2) Notwithstanding the provisions of subsection (1) of this section, a toll road
or toll highway company may not condemn real estate or right-of-way, but the department of transportation may exercise, subject to the conditions and limitations set forth in sections 7-45-104 and 43-1-1202 (1)(f), C.R.S., the power of eminent domain for purposes of acquiring property and rights-of-way necessary for the completion of a toll road or toll highway open to the public that is incorporated into the comprehensive statewide transportation plan prepared pursuant to section 43-1-1103 (5), C.R.S., and is being undertaken as a public-private initiative between the department and the company. Such a toll road or toll highway company shall provide written notice of its intent to construct a toll road or toll highway as required by section 7-45-108 (2), C.R.S.
(3) Nothing in this section shall be construed to authorize any toll road or toll
highway company to construct a toll road or toll highway through, in, upon, under, or over any street or alley of any city, incorporated town, county, or city and county without first obtaining the consent of the municipal or county authorities having power to give the consent of the city, incorporated town, county, or city and county.
(4) (a) A political subdivision may levy a tax, fee, or charge on a toll road or
toll highway company for any right or privilege of constructing or operating a toll road or toll highway such as a street or public highway construction permit fee or an impact fee or other similar development charge designed to fund expenditures by the political subdivision on capital facilities needed to serve the toll road or toll highway, but shall only levy a construction permit fee to the extent that the permit fee applies to all persons seeking a construction permit.
(b) All permit fees, impact fees, or other similar development charges levied
by a political subdivision on a toll road or toll highway company constructing or operating a toll road or toll highway shall be no greater than necessary to defray the costs directly incurred by the political subdivision in providing services, and, in the case of impact fees or other development charges, shall be no greater than necessary to defray impacts directly related to the toll road or toll highway. The fees and charges shall also be reasonably related in time to the incurrence of the impacts or costs. In any controversy concerning the appropriateness of a fee or charge, the political subdivision shall have the burden of proving that the fee or charge is no greater than necessary to defray the direct impacts or costs incurred by the political subdivision. All costs of construction shall be borne by the toll road or toll highway company constructing or operating the toll road or toll highway.
(5) As used in this section, unless the context otherwise requires:
(a) (Deleted by amendment, L. 2008, p. 1712, � 9, effective June 2, 2008.)
(b) Toll road or toll highway shall have the meaning set forth in section 7-45-102 (8), C.R.S.
(c) Toll road or toll highway company shall have the meaning set forth in
section 7-45-102 (9), C.R.S.
Source: G.L. � 304. G.S. � 338. L. 1891: p. 98, � 3. R.S. 08: � 2461. C.L. � 6362.
CSA: C. 61, � 52. L. 52: p. 109, � 1. CRS 53: � 50-2-1. C.R.S. 1963: � 50-2-1. L. 79: Entire section amended, p. 1381, � 2, effective July 1. L. 2006: (2), (3), and (4) amended and (5) added, p. 1769, � 2, effective June 6; entire section amended, p. 546, � 1, effective August 7. L. 2008: (2) and (5)(a) amended, p. 1712, � 9, effective June 2.
Cross references: For the taking of private property for private use, see � 14
of art. II, Colo. Const.; for taking property for public use, see � 15 of art. II, Colo. Const.; for the right-of-way of pipeline companies, see � 7-43-102.
C.R.S. § 38-22-114
38-22-114. Disposition of proceeds - execution. (1) The court shall cause said property to be sold in satisfaction of said liens and costs of suit as in case of foreclosure of mortgages; and any party in whose favor a judgment for a lien is rendered, may cause the property to be sold within the time and in the manner provided for sales of real estate on executions issued out of any court of record, and there shall be the same rights of redemption as are provided for in the case of sales of real estate on executions. And if the proceeds of such sale, after the payment of costs, are not sufficient to satisfy the whole amount of such liens included in the decree of sale, then such proceeds shall be apportioned according to the rights of the several parties. In case the proceeds of sale amount to more than the sum of said liens and all costs, then the remainder shall be paid over to the owner of said property; and each party whose claim is not fully satisfied in the manner provided in this section shall have execution for the balance unsatisfied against the party personally liable, as in other cases.
(2) In the first instance without a previous sale of said property to which such
liens have attached, an execution may issue in behalf of any such lien claimant for the full amount of his claim against the party personally liable, and he may thereafter enforce such lien for any balance of such judgment remaining unsatisfied. A transcript of the docket of said judgment and decree may be filed with the county clerk and recorder of the county where such property is situated or in any other county, and thereupon said judgment and decree shall become a lien upon the real property in such county of each party so personally liable in favor of any such lien claimant holding any such judgment against any such party so personally liable, as in other cases of recording transcripts of judgment.
Source: L. 1899: p. 274, � 14. R.S. 08: � 4038. C.L. � 6455. CSA: C. 101, � 28.
CRS 53: � 86-3-14. C.R.S. 1963: � 86-3-14.
Cross references: For foreclosure of mortgages, see � 38-36-162; for sale of
real estate on execution, see � 13-56-201.
C.R.S. § 38-22-133
38-22-133. Action to be brought on bond or undertaking. When a bond or undertaking is filed as provided in section 38-22-131, the person filing the original mechanic's lien may bring an action upon the said bond or undertaking. Such action shall be commenced within the time allowed for the commencement of an action upon foreclosure of the lien, and the statute of limitations applicable to a lien foreclosure shall apply to the action upon the bond or undertaking as it would had no bond or undertaking been filed.
Source: L. 75: Entire section added, p. 1426, � 5, effective October 1.
ARTICLE 22.5
Commercial Real Estate Brokers
Commission Security Act
38-22.5-101. Short title. This article shall be known and may be cited as the
Commercial Real Estate Brokers Commission Security Act.
Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 642, � 1,
effective August 11.
38-22.5-102. Definitions. As used in this article 22.5, unless the context
otherwise requires:
(1) Agreement means a written listing agreement, written compensation
agreement, or other written agreement between a real estate broker and an owner that grants the real estate broker a right to compensation for professional services in connection with leasing or attempting to lease commercial real estate.
(2) Commercial real estate means any real property other than real
property containing one to four residential units. Commercial real estate does not include single-family or multi-family residential units including condominiums, townhouses, or homes in a subdivision when such real estate is sold, leased, or otherwise conveyed on a unit-by-unit basis even though the units may be part of a larger building or parcel of real property containing more than four residential units.
(3) Owner means the owner of record of real estate and includes an agent
of such owner.
(4) Real estate broker has the meaning set forth in section 12-10-201 (6).
(5) Renewal commission means an additional commission that may become
payable to a real estate broker if a lease is later renewed or modified to expand the leased premises or extend the lease term.
Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 642, � 1,
effective August 11. L. 2019: IP and (4) amended, (HB 19-1172), ch. 136, p. 1722, � 230, effective October 1.
38-22.5-103. Brokers' lien for compensation for services - requirements. (1)
A real estate broker shall have a lien on commercial real estate, in the amount of the compensation as set forth in the agreement, if:
(a) Such real estate is listed with the real estate broker under terms of an
agreement or is the subject of an agreement; and
(b) The real estate broker has provided licensed services that resulted in the
procuring of a person or entity who has leased any interest in the commercial real estate in accordance with the agreement.
(2) The general assembly intends that nothing in this section is subject to a
prospective waiver by either party without consideration acceptable to the parties to the waiver.
(3) Notwithstanding subsection (1) of this section, commercial real estate is
not subject to a real estate brokers' lien to enforce the payment of a renewal commission if the property is conveyed to a bona fide purchaser before the recording of a notice of lien pursuant to section 38-22.5-104.
Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 643, � 1,
effective August 11.
38-22.5-104. Notice of intent - lien notice - service - contents - filing. (1)
The real estate broker shall serve a notice of intent to record a notice of lien upon the owner at least thirty days before recording the notice of lien with the county clerk and recorder of the county in which the commercial real estate is located. Such notice of intent shall be served by personal service or by registered or certified mail, return receipt requested, addressed to the last-known address of the owner or the owner's agent, at least thirty days before recording of the notice of lien with the county clerk and recorder. If the notice of intent is served upon the owner's agent, a copy of the notice shall also be served upon the owner of record by personal service or by registered or certified mail, return receipt requested, addressed to the owner's last-known address, at least thirty days before recording of the notice of lien with the county clerk and recorder.
(2) The notice of lien shall state the name of the real estate broker, the name
of the owner, a legal description of the property upon which the lien is being claimed, the amount for which the lien is claimed, and the real estate license number of the real estate broker. The real estate broker shall sign the notice of lien and attest that the information contained in the notice is true and accurate as to his or her knowledge and belief.
Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 643, � 1,
effective August 11.
38-22.5-105. Mediation period. The real estate broker shall make a good
faith effort to attempt to resolve the nonpayment of the commission through mediation. The mediator's recommended resolution is not binding unless the parties so agree in writing. The parties shall jointly appoint an acceptable mediator and shall share equally in the cost of the mediation. Mediation shall commence when a written notice requesting mediation is delivered by one party to the other at the party's last-known address, and, unless otherwise agreed, the mediation shall terminate if the entire dispute is not resolved within thirty days thereafter. This section does not impair the ability of a real estate broker to record a notice of lien if a resolution is not agreed upon by both parties.
Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 644, � 1,
effective August 11.
38-22.5-106. When lien attaches - effect of payment by installments -
affirmative defense. (1) The lien created by section 38-22.5-103 attaches to an interest in commercial real estate when all of the following conditions are met:
(a) The real estate broker either:
(I) Procures a person or entity who leases the property in accordance with
the agreement; or
(II) Has otherwise earned a fee or commission in accordance with the
agreement;
(b) The real estate broker serves a notice of intent to record a notice of lien
upon the owner or owner's agent as provided in section 38-22.5-104;
(c) The real estate broker makes a good faith attempt to obtain settlement
through mediation as provided in section 38-22.5-105; and
(d) At least thirty days after serving the owner with notice of intent to record
a notice of lien, but not more than ninety days after the tenant takes possession of the leased property or ninety days after the compensation is due under the agreement, whichever is later, the real estate broker records a notice of the lien in the office of the clerk and recorder of the county in which the commercial real estate is located.
(2) Notwithstanding paragraph (d) of subsection (1) of this section:
(a) If payment is due in installments and a portion of the payment is due after
the leasing of any interest in commercial real estate, a claim for a lien for only that portion may be recorded within ninety days after the tenant takes possession of the leased property or ninety days after the compensation is due under the agreement, whichever is later; and
(b) The lien shall be effective as a lien against the commercial real estate
only to the extent moneys are still owed to the real estate broker by the owner. Any claims for a lien for future installment payments shall only be recorded within ninety days after those installment payments become due in accordance with the agreement.
(3) The lien attaches for purposes of this section when the claim for lien is
recorded, and shall not relate back to the date of the agreement.
(4) Notwithstanding any provision of this article to the contrary, it shall be an
affirmative defense in an action to foreclose a lien pursuant to this article that the owner has paid any compensation owed to the listing broker in an amount sufficient to satisfy the contractual and legal obligations of the owner, including compensation to the tenant's broker.
Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 644, � 1,
effective August 11.
38-22.5-107. Conditions on validity of lien - subsequent service of notice to
owner - action commenced within six months. (1) No lien claimed by virtue of this article shall hold the property longer than ten days after the recording of the notice of lien under section 38-22.5-104 unless the real estate broker provides a copy of the notice of lien to the owner or owner's agent by personal service or by registered or certified mail, return receipt requested, addressed to the last-known address of such person, within ten days after recording the notice of lien.
(2) No lien claimed by virtue of this article shall hold the property longer
than six months after the recording of the notice of lien under section 38-22.5-104 unless an action to foreclose the lien has been commenced within that time and unless also a notice stating that such action has been commenced is filed for record within that time in the office of the county clerk and recorder of the county in which the property is situated. Where two or more liens under this article are claimed of record against the same property, the commencement of any action and the filing of the notice of the commencement of such action within that time by any one or more of such lien claimants in which action all the lien claimants as appear of record are made parties, either plaintiff or defendant, shall be sufficient.
Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 645, � 1,
effective August 11.
38-22.5-108. Priority of liens. The priority of a lien created under this article
in relation to other interests in the subject property shall be determined in accordance with section 38-35-109.
Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 645, � 1,
effective August 11.
38-22.5-109. Satisfaction or release of brokers' lien - written demand by
owner - obligation to record. If a real estate brokers' lien has been recorded pursuant to section 38-22.5-106 and the indebtedness has been paid in full or the lien is not valid and enforceable in accordance with this article and other applicable law, the real estate broker shall acknowledge satisfaction or release of such lien in writing within ten days after receiving written demand from the owner and shall record a written release or satisfaction of the lien in the office of the clerk and recorder of the county in which the property is located.
Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 645, � 1,
effective August 11.
38-22.5-110. Spurious liens. Section 38-35-204 applies to liens asserted
pursuant to this article.
Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 646, � 1,
effective August 11.
38-22.5-111. Substitution of bond allowed - lien to be discharged. (1)
Whenever a brokers' lien has been recorded in accordance with this article, the owner of any interest in the property subject to the lien may, at any time, file with the clerk of the district court of the county wherein the property is situated a corporate surety bond or similar financial assurance. Such bond or assurance shall be in an amount equal to one and one-half times the amount of the lien plus costs allowed to date and is subject to approval by a judge of the district court with which such bond or assurance is filed.
(2) The bond or assurance shall be conditioned that, if the lien claimant is
finally adjudged to be entitled to recover on the claim upon which the lien is based, the principal or surety shall pay to such claimant the amount of the judgment, including any interest, costs, or other sums to which the claimant would be entitled upon foreclosure of the lien.
(3) Notwithstanding any other provision of this article or section 38-35-110,
upon the filing of a bond or undertaking as provided in this section, the lien against the property, and any notice of lis pendens relating to such lien or notice of the commencement of any action relating to such lien, shall be immediately discharged and released in full; the real property described in such bond or undertaking shall be forever released from the lien, from any notice of lis pendens or notice of the commencement of any action relating to such lien, and from any action brought to foreclose the lien; the bond or undertaking shall be substituted; and no notice of lis pendens or notice of the commencement of any action relating to such lien or any action for the enforcement or foreclosure thereof shall thereafter be recorded against the property. The clerk of the district court with which the bond or undertaking has been filed shall issue a certificate of release, which shall be recorded in the office of the clerk and recorder of the county in which the original real estate brokers' lien was filed, and the certificate of release shall show that the property has been forever released from the lien, from any notice of lis pendens relating to such lien, from any notice of the commencement of any action relating to such lien, and from any action brought to foreclose such lien.
Source: L. 2010: Entire article added, (HB 10-1288), ch. 179, p. 646, � 1,
effective August 11. L. 2011: (3) amended, (SB 11-264), ch. 279, p. 1250, � 3, effective July 1.
Cross references: For the legislative declaration in the 2011 act amending
subsection (3), see section 1 of chapter 279, Session Laws of Colorado 2011.
ARTICLE 23
Lien on Ditches
C.R.S. § 38-23-108
38-23-108. Sale - right of redemption. The court shall cause such ditch interest to be sold in satisfaction of said lien and costs, as in the case of foreclosure of mortgages and in the manner and form provided for sales on executions issued out of courts of record, and the owner and creditors shall have a right to redeem, as is provided for in cases of sales of real estate on execution.
Source: L. 1893: p. 313, � 8. R.S. 08: � 4058. C.L. � 6475. CSA: C. 101, � 48.
CRS 53: � 86-4-8. C.R.S. 1963: � 86-4-8.
C.R.S. § 38-24-101
38-24-101. Property subject to lien. Every person, firm, or corporation, whether as contractor, subcontractor, materialman, or laborer, who performs labor upon or furnishes machinery, material, fuel, explosives, power, or supplies for sinking, repairing, altering, or operating any gas well, oil well, or other well or for constructing, repairing, or operating any oil derrick, oil tank, oil pipeline or water pipeline, pump or pumping station, transportation or communication line, or gasoline plant and refinery by virtue of a contract, express or implied, with the owner or lessee of any interest in real estate or with the trustee, agent, or receiver of any such owner, part owner, or lessee shall have a lien to secure the payment thereof upon the properties mentioned belonging to the party contracting with the lien claimants, and upon the machinery, materials, and supplies so furnished, and upon any well upon and in which such machinery, materials, and supplies have been placed and used, and upon all other wells, buildings, and appurtenances, and the interest, leasehold, or otherwise, of such owner, part owner, or lessee in the lot or land upon which said improvements are located, or to which they may be removed, to the extent of the right, title, and interest of the owner, part owner, or lessee, at the time the work was commenced or machinery, materials, and supplies were begun to be furnished by the lien claimant or by the contractor under the original contract; and such lien shall extend to any subsequently acquired interest of any such owner, part owner, or lessee.
Source: L. 29: p. 435, � 1. CSA: C. 101, � 51. CRS 53: � 86-5-1. C.R.S. 1963: �
86-5-1.
C.R.S. § 38-25-104
38-25-104. Duties of filing officer. (1) If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (2) of this section is presented to a filing officer who is:
(a) The secretary of state, then the secretary of state shall cause the notice
to be marked, held, and indexed in accordance with the provisions of section 4-9-519, C.R.S., as if the notice were a financing statement within the meaning of such section; or
(b) The county clerk and recorder, then the county clerk and recorder shall
endorse thereon the county clerk and recorder's identification and the date and time of receipt and forthwith record and index in the real estate records in accordance with the provisions of sections 30-10-408 and 30-10-409, C.R.S., showing the name and address of the person named in the notice, the date and time of receipt, the title and address of the official or entity certifying the lien, and the total amount appearing on the notice of lien.
(2) If a certificate of release, nonattachment, discharge, or subordination of
any lien is presented to the secretary of state for filing, the secretary of state shall:
(a) Cause a certificate of release or nonattachment to be marked, held, and
indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and
(b) Cause a certificate of discharge or subordination to be marked, held, and
indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.
(3) If a refiled notice of federal lien referred to in subsection (1) of this
section or any of the certificates or notices referred to in subsection (2) of this section is presented for recording to any county clerk and recorder, such clerk and recorder shall enter the refiled notice or the certificate with the date of recording in the index in accordance with the provisions of sections 30-10-408 and 30-10-409, C.R.S.
(4) Upon request of any person, the filing officer shall issue a certificate
showing whether there is on file, or recorded on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this article, naming a particular person and, if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for the issuance of a certificate by the secretary of state shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., and the fee for the issuance of a certificate by a county clerk and recorder shall be five dollars. Upon request, the filing officer shall furnish a copy of any notice of federal lien or notice or certificate affecting a federal lien. The fee for furnishing and for certifying such copy and affixing the seal thereto shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., if furnished by the secretary of state, and the said fee shall be five dollars, if furnished by a county clerk and recorder.
Source: L. 69: R&RE, p. 694, � 1. C.R.S. 1963: � 86-6-4. L. 83: (4) amended, p.
1229, � 17, effective July 1; (4) amended, p. 880, � 50, effective July 1; (4) R&RE, p. 2056, � 37, effective October 14. L. 88: Entire section amended, p. 1256, � 5, effective July 1. L. 93: (1), IP(2), (3), and (4) amended, p. 438, � 5, effective July 1. L. 99: (1)(a), IP(2), and (4) amended, p. 753, � 24, effective January 1, 2000. L. 2001: (1)(a), IP(2), and (4) amended, p. 1432, � 12, effective July 1.
Cross references: For the provisions of the Uniform Commercial Code, see
title 4; for termination statement, see � 4-9-513.
C.R.S. § 38-25-105
38-25-105. Fees. (1) (a) A fee shall be charged for filing or recording and indexing each notice of lien or certificate or notice affecting the lien:
(I) For a lien on real estate;
(II) For a lien on tangible and intangible personal property;
(III) For a certificate of discharge or subordination;
(IV) For all other notices, including a certificate of release or nonattachment.
(b) The fee charged by a county clerk and recorder for filing and indexing
each notice of lien or certificate or notice affecting the lien is the fee specified in section 30-1-103 (1).
(c) When the filing officer is the secretary of state, the fees required by this
subsection (1) shall be determined and collected pursuant to section 24-21-104 (3), C.R.S.
(2) The filing officer shall bill the district directors of internal revenue or
other appropriate federal officials on a monthly basis for fees for documents filed by them.
Source: L. 69: R&RE, p. 695, � 1. C.R.S. 1963: � 86-6-5. L. 83: (1) R&RE, p.
1230, � 18, effective July 1; (1) amended, p. 880, � 18, effective July 1. L. 88: IP(1)(a), (1)(a)(I), (1)(a)(II), and (2) amended, p. 1257, � 6, effective July 1. L. 91: (1)(b) amended, p. 709, � 6, effective July 1. L. 93: (1)(b) amended, p. 439, � 6, effective July 1. L. 99: (1)(c) amended, p. 754, � 25, effective January 1, 2000. L. 2001: (1)(c) and (2) amended, p. 1432, � 13, effective July 1. L. 2024: (1)(b) amended, (HB 24-1269), ch. 394, p. 2717, � 4, effective July 1, 2025.
C.R.S. § 38-28-107
38-28-107. Sale of property - notice. If the commissioners report and the court finds that partition of the property cannot be made without manifest prejudice to the rights of any interested party, the court may direct the sale of such property at public sale upon such terms as the court may fix. Notice of such sale shall be given in the same manner as may be required by law for sales of real estate upon execution.
Source: L. 49: p. 545, � 7. CSA: C. 122, � 30. CRS 53: � 103-1-7. C.R.S. 1963: �
103-1-7.
Cross references: For sale of real estate upon execution, see � 13-56-201.
C.R.S. § 38-29-209
38-29-209. Fees - disposition. (1) In all instances in which a document is to be filed and recorded pursuant to this part 2, the authorized agent or clerk and recorder, as the case may be, shall be paid such fees for each document so filed and recorded as are prescribed by law for the filing of like instruments in the office of the county clerk and recorder.
(2) The recording fees authorized by this section are in addition to any fees
that are required pursuant to section 38-29-138.
(3) All fees paid pursuant to this section shall be kept and retained by the
authorized agent or the clerk and recorder to defray the cost thereof and shall be disposed of by him or her as provided by law.
Source: L. 2008: Entire part added, p. 452, � 9, effective July 1.
REAL PROPERTY
Interests in Land
ARTICLE 30
Titles and Interests
Cross references: For right of an alien to take real property as an heir, see �
15-11-111; for provisions regarding subdivisions, see part 5 of article 10 of title 12; for unlawful activity concerning the sale of land, see � 18-5-302; for powers of appointment affecting realty, see article 2.5 of title 15; for power of attorney affecting realty, see part 5 of article 14 of title 15; for the effect of corporate resolutions or minutes and the recordation of corporate resolutions or minutes insofar as those documents pertain to real estate, see � 13-25-120; for the effect and authenticity of reports of death by United States authorities as they may affect real estate, see � 13-25-121.
C.R.S. § 38-30-101
38-30-101. Parties entitled to hold lands may convey. Any person, association of persons, or body politic or corporate which is entitled to hold real estate, or any interest in real estate whatever, shall be authorized to convey the same to another or a body corporate or politic by deed.
Source: R.S. p. 106, � 1. G.L. � 160. G.S. � 198. R.S. 08: � 668. C.L. � 4869.
CSA: C. 40, � 1. CRS 53: � 118-1-1. C.R.S. 1963: � 118-1-1.
C.R.S. § 38-30-102
38-30-102. Water rights conveyed as real estate - well permit transfers - legislative declaration - definitions. (1) The general assembly:
(a) Finds that the division of water resources in the department of natural
resources needs timely and accurate data regarding well ownership in order to efficiently and accurately account for wells and to ensure that wells are properly constructed and maintained;
(b) Determines that current data concerning well ownership is inadequate
and that a substantial number of residential real estate transactions that transfer ownership of a well are not reported to the division;
(c) Determines that current and accurate data is necessary for the state to
notify well owners of any health, safety, water right, or stewardship issues pertaining to their groundwater well; and
(d) Declares that this section is intended to provide the division with the
information it needs to properly carry out its statutory duties.
(2) In the conveyance of water rights in all cases, except where the
ownership of stock in ditch companies or other companies constitutes the ownership of a water right, the same formalities shall be observed and complied with as in the conveyance of real estate.
(3) (a) As used in this subsection (3):
(I) Closing service means closing and settlement services, as defined in
section 10-11-102, C.R.S.
(II) Division means the division of water resources in the department of
natural resources.
(III) Person means any individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity.
(b) (I) On and after January 1, 2009, when a buyer of residential real estate
enters into a transaction that results in the transfer of ownership of a small capacity well listed in section 37-90-105 (1)(a) or (1)(b) or a domestic exempt water well used for ordinary household purposes that is listed in section 37-92-602 (1)(b) or (1)(e), the buyer shall complete a change in owner name form for the well in compliance with section 37-90-143; except that, if an existing well has not yet been registered with the division, the buyer shall complete a registration of existing well form for the well within sixty-three days after closing the transaction.
(II) The residential real estate contract approved by the real estate
commission created in section 12-10-206 shall require the buyer to complete the appropriate form for the well and, if no person will be providing a closing service in connection with the transaction, to file the form with the division within sixty days after closing.
(c) (I) If a person provides a closing service in connection with a residential
real estate transaction subject to this subsection (3), that person shall:
(A) Within sixty days after closing, submit the change in owner name form to
the division with as much information as is available, even if the well has not yet been registered with the division; and
(B) Not be liable for delaying the closing of the transaction in order to ensure
that the buyer completes the form required by subsection (3)(b)(I) of this section. If the closing is delayed pursuant to this subsection (3)(c)(I)(B), neither the buyer nor the seller shall have any claim under this section for relief against the buyer, the seller, the person who provided closing services, a title insurance company regulated pursuant to article 11 of title 10, or any person licensed pursuant to article 10 of title 12.
(II) If no person provides such closing service, the buyer shall submit the
appropriate form within the deadline specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (c) and pay the applicable fee.
(III) If the change in owner name form described in subsection (3)(c)(I)(A) of
this section does not include a valid well permit number, the division shall instruct the buyer to complete a new change in owner name form or registration of existing well form, as applicable, and the buyer shall submit the applicable form to the division.
Source: L. 1893: p. 298, � 1. R.S. 08: � 669. C.L. � 4870. CSA: C. 40, � 2. CRS
53: � 118-1-2. C.R.S. 1963: � 118-1-2. L. 2008: Entire section amended, p. 192, � 1, effective January 1, 2009. L. 2019: (3)(b)(II) and (3)(c)(I)(B) amended, (HB 19-1172), ch. 136, p. 1722, � 231, effective October 1. L. 2023: (3)(b)(I) and (3)(c)(I)(A) amended and (3)(c)(III) added, (HB 23-1125), ch. 47, p. 174, � 2, effective August 7.
C.R.S. § 38-30-104
38-30-104. Vendor's after-acquired title deemed in trust for vendee. If any person sells and conveys to another by deed or conveyance, purporting to convey an estate in fee simple absolute, any tract of land or real estate lying and being in this state, not being possessed of the legal estate or interest therein at the time of the sale and conveyance and, after such sale and conveyance, the vendor becomes possessed of and confirmed in the legal estate of the land or real estate so sold and conveyed, it shall be taken and held to be in trust and for the use of the grantee or vendee, and said conveyance shall be held and taken, and shall be as valid as if the grantor or vendor had the legal estate or interest at the time of said sale or conveyance.
Source: R.S. p. 106, � 4. G.L. � 163. G.S. � 201. R.S. 08: � 672. C.L. � 4873.
CSA: C. 40, � 5. CRS 53: � 118-1-4. C.R.S. 1963: � 118-1-4.
C.R.S. § 38-30-113
38-30-113. Deeds - short form - acknowledgment - effect. (1) (a) A deed for the conveyance of real property in substantially the following form and that includes the words and warrant(s) the title to the same, or substantially similar language, is a warranty deed with covenants of warranty:
...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and convey(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances and warrant(s) the title to the same, subject to ......................... .
Signed this .................... day of ...................., 20..... .
...................................
(b) A deed for the conveyance of real property in substantially the following
form and that includes the words and warrant(s) the title to the same against all persons claiming under me, or substantially similar language, is a special warranty deed with covenants of warranty as to the grantor's period of ownership of the property:
...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and convey(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances and warrant(s) the title to the same against all persons claiming under me, subject to ......................... .
Signed this .................... day of ...................., 20..... .
...................................
(c) A deed for the conveyance of real property in substantially the following
form that does not include words of warranty has the same force and effect as a bargain and sale deed at common law, but without covenants of warranty, and passes the after-acquired title of the grantor:
...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and convey(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances ......................... .
Signed this .................... day of ...................., 20..... .
...................................
(d) A deed for the conveyance of real property in substantially the following
form that does not include words of warranty and with the word quitclaim(s) substituted for convey(s) is a quitclaim deed without covenants of warranty that passes no after-acquired title of the grantor:
...................., whose street address is ........................, City or Town of ........................, County of ........................ and State of ........................, for the consideration of .............. dollars, in hand paid, hereby sell(s) and quitclaim(s) to .................... whose street address is ...................., City or Town of ...................., County of .................... and State of ...................., the following real property in the County of ........................ and State of Colorado, to wit: ........................ with all its appurtenances ......................... .
Signed this .................... day of ...................., 20..... .
...................................
(2) Any deed described in subsection (1) of this section may be
acknowledged in accordance with section 38-35-101 or 24-21-515. Failure to state the address or the county or state of residence of the grantor or grantee does not affect the validity of the deed.
(3) Every deed in substance, in a form described in subsection (1) of this
section or in any other form permitted by Colorado law, regardless of whether the deed recites valuable consideration or whether valuable consideration has been given for the deed, when properly executed, is a conveyance to the grantee, with covenants on the part of the grantor, if any, as set forth in subsection (4) of this section. Subject to any reservations specifically set forth in a deed, the form of deed used by the grantor does not affect the absolute nature of the fee simple conveyance of the property being conveyed and is not deemed to convey any lesser estate or interest simply by virtue of the form of deed used or whether the grantor provided any warranties of title in the deed.
(4) (a) The words warrant(s) the title in a warranty deed as described in
subsection (1)(a) or (1)(b) of this section or in a mortgage as described in section 38-30-117 mean that the grantor covenants:
(I) That, at the time of the making of the warranty deed, the grantor was
lawfully seized of an indefeasible estate in fee simple in and to the property described in the deed and has good right and full power to convey the property;
(II) That the property described in the deed was free and clear from all
encumbrances, except as stated in the warranty deed; and
(III) That the grantor warrants to the grantee and the grantee's heirs and
assigns the quiet and peaceable possession of the property and that:
(A) With respect to a warranty deed or mortgage, the grantor will defend the
title to the property against all persons who may claim the title; and
(B) With respect to a special warranty deed, the grantor will defend the title
to the property against all persons who may claim the title but only as against any persons claiming to hold title by, or through, the grantor.
(b) A covenant described in subsection (4)(a) of this section is binding upon
the grantor and the grantor's heirs and personal representatives as fully as if it were written at length in the warranty deed.
(5) (a) A warranty deed or special warranty deed intended to include a
limitation on the warranty of title pursuant to subsection (4)(a) of this section may use the words subject to statutory exceptions or include a different listing or description of exceptions as the grantor and grantee may agree. The words statutory exceptions, when used in any deed, mean that the grantee accepts title to the conveyed property subject to:
(I) Real estate taxes for the calendar year in which the conveyance occurred
and subsequent years that are not yet due and payable;
(II) All matters that are disclosed or that would have been disclosed by an
improvement survey plat, as defined in section 38-51-102 (9), of the conveyed property or could have been ascertained by an inspection of the conveyed property and which matters were not created or otherwise known by the grantor; and
(III) All matters recorded in the real estate records of the county clerk and
recorder for the county in which the conveyed property is located.
(b) If a warranty deed or special warranty deed includes a blank after a
reference to statutory exceptions but no additional matters are specifically listed in the blank, the blank is deemed to be deleted from the warranty deed or special warranty deed, and the title conveyed is subject only to the statutory exceptions.
Source: L. 17: p. 158, � 1. C.L. � 4879. CSA: C. 40, � 11. CRS 53: � 118-1-13. L.
55: p. 717, � 1. L. 61: p. 638, � 1. C.R.S. 1963: � 118-1-13. L. 73: p. 1152, � 1. L. 2005: (1)(d) added, p. 404, � 1, effective April 27. L. 2017: (1)(d) repealed, (SB 17-097), ch. 117, p. 416, � 1, effective August 9. L. 2019: Entire section amended, (HB 19-1098), ch. 18, p. 64, � 1, effective March 7.
C.R.S. § 38-30-121
38-30-121. What covenants run with the land. Covenants of seisin, peaceable possession, freedom from encumbrances, and warranty contained in any conveyance of real estate, or any interest therein, shall run with the premises and inure to the benefit of all subsequent purchasers and encumbrancers.
Source: R.S. p. 107, � 10. G.L. � 169. G.S. � 207. R.S. 08: � 678. C.L. � 4886.
CSA: C. 40, � 18. CRS 53: � 118-1-21. C.R.S. 1963: � 118-1-21.
C.R.S. § 38-30-128
38-30-128. Prima facie validity of prior foreign acknowledgments. All deeds and other instruments in writing relating to real estate in this state which have been executed prior to April 23, 1909, purporting to have been acknowledged or proved out of this state before any judge, or clerk, or deputy clerk of any court of record of any foreign kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick certifying the acknowledgment under the seal of such court, or purporting to have been acknowledged or proved before the chief magistrate or other chief executive or chief officer of any province, colony, island possession, or bailiwick of such foreign kingdom, empire, republic, state, or principality, such chief magistrate or other chief officer of any such colony, island possession, or bailiwick certifying the same under the seal of such colony, island possession, or bailiwick; or purporting to have been acknowledged or proved before a notary public having a seal, or before the mayor or other chief executive officers of any city, town, borough, county, or municipal corporation having a seal, of any such foreign kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick, such mayor or other chief officer certifying such acknowledgment under such seal; or purporting to have been acknowledged or proved out of this state and within any such kingdom, empire, republic, state, principality, province, colony, island possession, or bailiwick, before any ambassador, minister, consul, vice-consul, consular agent, vice-consular agent, charge d'affaires, commercial agent, vice-commercial agent, or any diplomatic, consular, or commercial agent or representative, or any deputy of any thereof, of the United States or of any other government or country, appointed to reside in the foreign country or place where the proof or acknowledgment is made, certifying the same under the seal of his office, shall be deemed prima facie to have been acknowledged or proved before proper officers, and such deeds or other instrument in writing, and in case of the loss of the originals, a copy of the record thereof, and of the certificate of the acknowledgment or proof appertaining to the same, shall be received as prima facie evidence of the execution and acknowledgment thereof, anything in the statutes of this state to the contrary notwithstanding.
Source: L. 09: p. 33, � 1. C.L. � 4892. CSA: C. 40, � 24. CRS 53: � 118-1-28.
C.R.S. 1963: � 118-1-28.
C.R.S. § 38-30-135
38-30-135. Officer shall subscribe certificate. Every certificate of the acknowledgment or proof of any deed, bond, agreement, power of attorney, or other writing for the conveyance of real estate, or any interest therein or affecting title thereto, shall be subscribed by the officer certifying the same with his proper hand and shall be endorsed upon or attached to such deed or other writing.
Source: R.S. p. 113, � 22. G.L. � 180. G.S. � 220. R.S. 08: � 692. C.L. � 4900.
CSA: C. 40, � 31. CRS 53: � 118-1-35. C.R.S. 1963: � 118-1-35.
C.R.S. § 38-30-138
38-30-138. Filing and recording fee. The fee for filing and recording such lease shall be the same as that now provided by law for the recording of deeds of real estate.
Source: L. 25: p. 177, � 2. CSA: C. 40, � 34. CRS 53: � 118-1-38. C.R.S. 1963: �
118-1-38.
Cross references: For filing and recording fees chargeable by county clerk
and recorders, see � 30-1-103.
C.R.S. § 38-30-141
38-30-141. Conveyance by county or municipality. The board of county commissioners of any county, or the common council of any city, or the board of trustees of any town may, by order to be entered of record among the proceedings of any such board or council, appoint a commissioner to sell and convey any real estate belonging to such county, city, or town and to affix to any conveyance thereof the seal of such county, city, or town. Any such conveyance, executed in accordance with such order, shall have the effect of transferring to the grantee named all the estate of such county, city, or town in the real estate so conveyed. Nothing in this section shall be so construed as to prevent any such board of county commissioners from selling and conveying any such real estate belonging to such county by deed or conveyance signed and acknowledged by each member of said board and attested by the signature of the county clerk and recorder and the official seal of said county. Nothing in this section shall be so construed as to prevent any such board of trustees or city council from conveying any real estate belonging to such town or city by deed or conveyance signed and acknowledged by the mayor of said town or city, attested by the signature of the town or city clerk and by the official seal of such town or city, when any such mayor and clerk are authorized to do so by ordinance or by a vote of the residents thereof, as the case may be.
Source: G.L. � 181. L. 1881: p. 64, � 1. G.S. � 221. R.S. 08: � 699. C.L. � 4909.
CSA: C. 40, � 38. L. 47: p. 357, � 1. CRS 53: � 118-1-42. C.R.S. 1963: � 118-1-41.
C.R.S. § 38-30-142
38-30-142. Prior deeds and conveyances by commissioners validated. All deeds and conveyances of any real estate, formerly belonging to any county conveyed prior to April 4, 1947, by deed signed and acknowledged by the members of the board of county commissioners of such county and attested by the county clerk and recorder of such county, with the official seal thereof affixed, shall be deemed and held to be legal, valid, and binding conveyances of the real estate therein described in all respects and in the same manner as though said deeds or conveyances had been signed by a commissioner appointed for the purpose of selling and conveying the same on behalf of such county.
Source: L. 47: p. 358, � 2. CSA: C. 40, � 38(1). CRS 53: � 118-1-43. C.R.S.
1963: � 118-1-42.
C.R.S. § 38-30-143
38-30-143. Prior deeds and conveyances by council validated. All deeds and conveyances of any real estate, formerly belonging to any town or city conveyed prior to April 4, 1947, by deed signed and acknowledged by the mayor and attested by the clerk with the official seal of any such town or city affixed, shall be deemed and held to be legal, valid, and binding conveyances of the real estate therein described in all respects and in the same manner as though said deeds or conveyances had been signed by a commissioner appointed for the purpose of selling and conveying the same on behalf of such town or city.
Source: L. 47: p. 358, � 3. CSA: C. 40, � 38(2). CRS 53: � 118-1-44. C.R.S.
1963: � 118-1-43.
C.R.S. § 38-30-144
38-30-144. Conveyance by corporation. (1) A private corporation, authorized by law to convey, mortgage, or lease any of its real estate, may convey, mortgage, or lease the same in the manner authorized by articles 30 to 44 of this title or by instrument under its common seal, subscribed by its president, vice-president, or other head officer.
(2) Any corporate instrument affecting title to real property, executed by the
president, vice-president, or other head officer of the corporation, in the form required or permitted by law, shall be deemed to have been executed with proper authority in the usual course of business, and shall be binding and conclusive upon the corporation as to any bona fide purchaser, encumbrancer, or other person relying on such instrument.
(3) There shall be filed or recorded in the office of the county clerk and
recorder of each county where a corporation owns real property:
(a) A certificate of incorporation of a domestic corporation or a certified copy
thereof; if the articles of incorporation limit the duration of the corporate life to less than perpetuity, or limit or impose conditions upon the exercise of the statutory powers of the corporation with respect to real property, then a certified copy of said articles;
(b) Where an amendment to the articles of incorporation changes the name
or the period of duration of a domestic corporation, or limits or imposes conditions upon the exercise of the statutory powers of the corporation with respect to real property, the certificate of amendment or a certified copy thereof, and, if the certificate of amendment does not set forth such amendment, a certified copy of the articles of amendment;
(c) A certified copy of restated articles of incorporation of a domestic
corporation;
(d) A certificate of merger of a domestic corporation or a certified copy
thereof;
(e) A certificate of consolidation of a domestic corporation or a certified copy
thereof;
(f) A certificate of dissolution of a domestic corporation or a certified copy
thereof;
(g) A certified copy of a decree of involuntary dissolution of a domestic
corporation;
(h) A certificate of authority of a foreign corporation or a certified copy
thereof; if the articles of incorporation limit the duration of the corporate life to less than perpetuity or if they limit or impose conditions upon the exercise of any corporate power described in section 7-103-102, C.R.S., with respect to real property, then a certified copy of the articles of incorporation and amendments thereto;
(i) Where an amendment to the articles of incorporation changes the name or
the period of duration of a foreign corporation or limits or imposes conditions upon the exercise of any corporate power described in section 7-103-102, C.R.S., with respect to real property, a certified copy of such amendment;
(j) Where a foreign corporation procures an amended certificate of authority
evidencing a change in its corporate name, such amended certificate of authority or a certified copy thereof;
(k) A certificate of withdrawal from this state of a foreign corporation or a
certified copy thereof.
(4) The failure to file any of the documents set forth in subsection (3) of this
section in the office of any county clerk and recorder in this state shall not affect or impair the validity of such document; but any corporation which is required by subsection (3) of this section to file or record documents in addition to the certificate of incorporation or the certificate of authority but which has not filed or recorded such documents at the time any person acquires any interest in or lien upon real property from said corporation shall, as against such person and those claiming under him, be conclusively deemed to be an existing corporation qualified to exercise the powers described in section 7-103-102, C.R.S.
Source: R.S. p. 113, � 24. G.L. � 182. G.S. � 222. R.S. 08: � 700. C.L. � 4910.
CSA: C. 40, � 39. CRS 53: � 118-1-45. L. 57: p. 610, � 1. L. 59: p. 636, � 1. L. 63: p. 253, � 31. C.R.S. 1963: � 118-1-44. L. 93: (3)(h), (3)(i), and (4) amended, p. 864, � 39, effective July 1, 1994.
C.R.S. § 38-30-145
38-30-145. Conveyance by sheriff. Deeds, executed by any sheriff or other officer for real estate sold upon execution, or pursuant to the decree or order of any court, shall be acknowledged or proved and admitted to record in like manner and with like effect as other deeds. The successor in office of any sheriff or other officer shall have authority to execute deeds for real estate sold by his predecessor upon execution at law, or the judgment, order, or decree of any court of equity.
Source: R.S. p. 113, � 26. G.L. � 184. G.S. � 224. R.S. 08: � 702. C.L. � 4912.
CSA: C. 40, � 40. CRS 53: � 118-1-46. C.R.S. 1963: � 118-1-45.
C.R.S. § 38-30-146
38-30-146. Fraternal society may hold and convey real estate. Any odd fellows or masonic lodge or other like benevolent and fraternal society duly chartered by its grand body according to the laws, constitution, and usages of such fraternity, and not wishing to become a corporate body, may take and hold real estate for its use and benefit by purchase, grant, devise, gift, or otherwise in and by the name and number of said body according to the respective registers of the grand body under which the same may be held, and the presiding officer of such body, together with the secretary thereof, may make conveyances of any real estate belonging to such body, when authorized by said body, under such regulations as the said society or its grand body may see fit to make. All such conveyances shall be attested by the seal of said subordinate body.
Source: L. 1893: p. 85, � 1. R.S. 08: � 703. C.L. � 4913. CSA: C. 40, � 41. CRS
53: � 118-1-47. C.R.S. 1963: � 118-1-46.
C.R.S. § 38-30-150
38-30-150. Definitions. As used in articles 30 to 44 (except part 2 of article 41) of this title 38 and part 5 of article 10 of title 12, unless the context otherwise requires:
(1) Deed includes mortgages, leases, releases, and every conveyance or
encumbrance under seal.
(2) Land and real estate shall be construed as coextensive in meaning
with the terms land, tenements, and hereditaments and as embracing all mining claims and other claims, and chattels real.
Source: R.S. p. 114, � 27. G.L. � 185. G.S. � 225. R.S. 08: � 707. C.L. � 4917.
CSA: C. 40, � 45. CRS 53: � 118-1-51. C.R.S. 1963: � 118-1-50. L. 2019: IP amended, (HB 19-1172), ch. 136, p. 1723, � 232, effective October 1.
C.R.S. § 38-30-151
38-30-151. Division of county - transcript of records - certificate. (1) Whenever any county has been divided and a portion of the territory thereof erected into a new county, or added to some other county, the board of county commissioners of such new county or of the county to which such territory is added may, at the expense of its own county, procure to be transcribed from the records of the county to which such territory was originally attached copies of all deeds, bonds, agreements, powers of attorney, and other writings conveying or affecting title to any real estate situate within the territory so separated, and for this purpose the person whom such board may appoint shall have free access at all reasonable times to the records of the original county.
(2) Such records shall be transcribed into a suitable and well-bound book,
and the person transcribing the same shall affix thereto at the end of all such transcripts his affidavit that the same were by him transcribed from the records of such original county, and are true, correct, and examined copies of such records. Such book of transcribed records shall be deposited in the office of the county clerk and recorder of the new county, or of the county to which such territory is assigned, as a part of the records thereof; and such transcribed records or copies therefrom, certified by the county clerk and recorder in whose office the same are deposited, shall have the same effect as evidence as the original records of such deeds, bonds, agreements, powers of attorney, and other writings.
Source: R.S. p. 114, � 28. G.L. � 186. G.S. � 226. R.S. 08: � 708. C.L. � 4918.
CSA: C. 40, � 46. CRS 53: � 118-1-52. C.R.S. 1963: � 118-1-51.
C.R.S. § 38-30-153
38-30-153. Recording wills and decrees affecting lands - descents. Any will in writing for the devise of real estate in this state, together with the probate thereof and the certificate mentioned in section 38-30-154, may be recorded in the office of the county clerk and recorder of every county wherein any of such real estate so devised may be situated; and all other decrees in probate determining the descent of real estate, together with the certificate mentioned in section 38-30-154, may in like manner be recorded. In case any decree or order, by certified copy or otherwise, of any appellate court is or shall be filed in any court for the government thereof in the premises, a copy of the same shall be attached to any such will and probate thereof, or to such decree, as the case may be, and certified with the other papers.
Source: L. 1881: p. 254, � 1. G.S. � 230. R.S. 08: � 710. C.L. � 4920. CSA: C. 40,
� 48. CRS 53: � 118-1-54. C.R.S. 1963: � 118-1-53. L. 73: p. 1414, � 85.
C.R.S. § 38-30-155
38-30-155. Certified copy of record shall be evidence of title. Such record of any such certified will and probate thereof, and of any such decree, and of said accompanying papers and records in relation to any such will or decree shall be received in all courts of this state as evidence of the title to any real estate so devised by will or determined by decree, to the same extent as the record of deeds to real estate in such office.
Source: L. 1881: p. 255, � 3. G.S. � 232. R.S. 08: � 712. C.L. � 4922. CSA: C.
40, � 50. CRS 53: � 118-1-56. C.R.S. 1963: � 118-1-55.
C.R.S. § 38-30-156
38-30-156. Fees for county clerk and recorder. The county clerk and recorder shall be entitled to the same fee as in other cases of the certification of copies of records in his office, and any such county clerk and recorder shall be entitled to the same fee as in cases of deeds to real estate.
Source: L. 1881: p. 255, � 4. G.S. � 233. R.S. 08: � 713. C.L. � 4923. CSA: C.
40, � 51. CRS 53: � 118-1-57. C.R.S. 1963: � 118-1-56.
Cross references: For recording fees of county clerk and recorders, see � 30-1-103.
C.R.S. § 38-30-165
38-30-165. Unreasonable restraints on the alienation of property - prohibited practices. (1) Subject to the limitations and exceptions as provided in this section, any person with a security interest in real estate shall not, directly or indirectly:
(a) Accelerate or mature the indebtedness secured by such real estate on
account of the sale or transfer of such real estate or on account of the assumption of such indebtedness; except that this paragraph (a) shall not apply if the person to whom the real estate would be sold or transferred is reasonably determined by the person holding the security interest to be financially incapable of retiring the indebtedness according to its terms, based upon standards normally used by persons in the business of making loans on real estate in the same or similar circumstances; or
(b) Increase the interest rate more than one percent per annum above the
existing interest rate of the indebtedness or otherwise modify, for the benefit of the holder of the security interest, the terms and conditions of the indebtedness secured by such real estate, on account of the sale or transfer of such real estate or on account of the assumption of such indebtedness; or
(c) Charge, collect, or attempt to collect any fee in excess of one-half of one
percent of the principal amount of the indebtedness outstanding, on account of the sale or transfer of such real estate or on account of the assumption of such indebtedness, not including title insurance, abstracting, credit report, survey, or other charges appertaining to the sale; or
(d) Enforce or attempt to enforce the provisions of any mortgage, deed of
trust, or other real estate security instrument executed on or after July 1, 1975, which provisions are contrary to this section; but this section shall not be applicable to instruments executed prior to July 1, 1975, nor to the rights, duties, or interests flowing therefrom.
(2) The maximum increase allowed in paragraph (b) of subsection (1) of this
section and the maximum fee allowed in paragraph (c) of subsection (1) of this section shall not be deemed required, minimum, or ordinary, but said interest increase and fee may, in any case, be less than the amount allowed.
(3) This section shall be applicable only to a security interest in real property
utilized as residential dwelling units other than motels, hotels, and nursing homes.
(4) This section shall not be applicable in those cases in which the secretary
of the department of housing and urban development, or his successor, matures the indebtedness on multiple-family housing projects pursuant to the current law and regulations of the federal housing administration.
(5) This section shall not be applicable to a person with a security interest in
real estate who is not regularly engaged in the business of making real estate loans.
(6) In the event that the party assuming the indebtedness declines to agree
to an increase in the interest rate as provided in paragraph (b) of subsection (1) of this section, said indebtedness may be prepaid without penalty or increased interest at any time within sixty days after said assumption; but if he does not make such prepayment within the sixty-day period he shall be liable for the increased interest rate from the date of the assumption, and any prepayment penalty provided for in the security instrument shall thereafter be in effect.
(7) The provisions of subsection (1) of this section shall not apply in cases of
mortgage loans made on or after January 1, 1981, with proceeds of bonds issued pursuant to article 3 of title 29, C.R.S.
(8) The provisions of subsection (1) of this section shall not apply to
indebtedness made or acquired by the Colorado housing and finance authority on or after April 1, 1981, secured by real estate, when said authority accelerates or matures, or requires or permits the acceleration or maturing of, indebtedness secured by real estate or when said authority increases, or requires or permits the increase of, the interest rate more than one percent per annum above the existing rate of the indebtedness in accordance with regulations of the Colorado housing and finance authority.
Source: L. 75: Entire section added, p. 1428, � 1, effective July 1. L. 76: (1)(c)
amended, p. 315, � 70, effective May 20. L. 81: (8) added, p. 1827, � 1, effective April 2; (7) added, p. 1826, � 1, effective April 30. L. 87: (8) amended, p. 1197, � 20, effective May 20.
Cross references: For powers of the Colorado housing finance authority, see
the Colorado Housing and Finance Authority Act, part 7 of article 4 of title 29.
C.R.S. § 38-30-171
38-30-171. Survival of remedies and title to corporate property after dissolution. (1) This section shall apply to corporations for profit that were both formed under the laws of this state and dissolved before July 1, 1994.
(2) The dissolution of a corporation shall not eliminate or impair any remedy
available to or against the corporation or its directors, officers, or shareholders for any right or claim existing or any liability incurred prior to such dissolution if an action or other proceeding is commenced thereon within two years after the date of the dissolution. The foregoing limitation shall not apply to any action affecting title to real estate. Any action or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name. The shareholders, directors, and officers of the corporation shall have power to take such corporate and other action as shall be necessary or appropriate to effect any remedy available to the corporation, pursue any action or proceeding by the corporation, or defend against any action or proceeding against the corporation.
(3) (a) After dissolution of the corporation, title to any property of the
corporation not previously distributed or disposed of by the corporation shall remain in the corporation. The majority of the surviving members of the last acting board of directors as named in the files of the secretary of state shall have full power and authority:
(I) To sue and be sued in the corporate name and, for purposes of suit against
such corporation, each director is an agent for process; and
(II) To act on behalf of and in the name of such corporation to convey and
dispose of any corporate property not distributed or disposed of in the dissolution.
(b) Final disposition of such property shall be made by the majority of the
surviving directors in the manner provided by law at the time of dissolution of such corporation. Upon the death of the last survivor of such directors, the public trustee of the county in which property owned by such corporation is situated shall have full power and authority to act on behalf of and in the name of such corporation to convey and dispose of such property.
Source: L. 96: Entire section added, p. 1329, � 52, effective June 1.
C.R.S. § 38-30-173
38-30-173. Survival of remedies and title to corporate property after dissolution - nonprofit corporations. (1) This section shall apply to nonprofit corporations that were dissolved before July 1, 1998, and either formed under articles 20 to 29 of title 7, C.R.S., or elected or could have elected to accept such articles as set forth in articles 20 to 29 of title 7, C.R.S.; except that this section shall not apply to any corporation that was dissolved by operation of law before July 1, 1998, as a consequence of the suspension of such corporation and was eligible for reinstatement or restoration, renewal, and revival on June 30, 1998.
(2) The dissolution of a corporation shall not eliminate or impair any remedy
available to or against the corporation or its directors, officers, or members for any right or claim existing on dissolution or any liability incurred prior to such dissolution if an action or other proceeding is commenced within two years after the date of the dissolution; except that this subsection (2) shall not apply to any action affecting the title to real estate. Any action or proceeding by or against the corporation may be prosecuted or defended by the corporation in its corporate name. The members, directors, and officers of the corporation shall have the power to take such corporate and other action as shall be necessary or appropriate to effect any remedy available to the corporation, or defend any action or proceeding against the corporation.
(3) (a) After dissolution of the corporation, title to any property of the
corporation not previously distributed or disposed of by the corporation shall remain in the corporation. The majority of the surviving members of the last acting board of directors as named in the files of the secretary of state shall have the power and ability to:
(I) Sue and be sued in the corporate name, and, for purposes of suit against
such corporation, each director is an agent for service of process; and
(II) Act on behalf of and in the name of such corporation to convey and
dispose of any corporate property not distributed or disposed of in the dissolution.
(b) Final disposition of such property shall be made by the majority of the
surviving directors in the manner provided by law at the time of the dissolution of the corporation. On the date of the death of the last survivor of the directors, the public trustee of the county in which the property owned by such corporation is situated shall have the power and authority to act on behalf of and in the name of such corporation to convey and dispose of the property.
Source: L. 98: Entire section added, p. 627, � 40, effective July 1.
Editor's note: (1) Articles 20 to 29 of title 7, referenced in subsection (1),
were repealed, effective July 1, 1998.
(2) Current provisions concerning nonprofit corporations are located in
articles 121 to 137 of title 7.
ARTICLE 30.5
Conservation Easements
Law reviews: For article, Conservation Easements: A General Practitioner's
Overview, see 19 Colo. Law. 221 (1990); for comment, Open Space Procurement Under Colorado's Scenic Easement Law, see 60 U. Colo. L. Rev. 383 (1989).
38-30.5-101. Legislative intent. The general assembly finds and declares
that it is in the public interest to define conservation easements in gross, since such easements have not been defined by the judiciary. Further, the general assembly finds and declares that it is in the public interest to determine who may receive such easements and for what purpose such easements may be received.
Source: L. 76: Entire article added, p. 750, � 1, effective July 1.
38-30.5-102. Conservation easement in gross. Conservation easement in
gross, for the purposes of this article, means a right in the owner of the easement to prohibit or require a limitation upon or an obligation to perform acts on or with respect to a land or water area, airspace above the land or water, or water rights beneficially used upon that land or water area, owned by the grantor appropriate to the retaining or maintaining of such land, water, airspace, or water rights, including improvements, predominantly in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest, or other use or condition consistent with the protection of open land, environmental quality or life-sustaining ecological diversity, or appropriate to the conservation and preservation of buildings, sites, or structures having historical, architectural, or cultural interest or value.
Source: L. 76: Entire article added, p. 750, � 1, effective July 1. L. 2003: Entire
section amended, p. 990, � 1, effective August 6.
38-30.5-103. Nature of conservation easements in gross. (1) A
conservation easement in gross is an interest in real property freely transferable in whole or in part for the purposes stated in section 38-30.5-102 and transferable by any lawful method for the transfer of interests in real property in this state.
(2) A conservation easement in gross shall not be deemed personal in nature
and shall constitute an interest in real property notwithstanding that it may be negative in character.
(3) A conservation easement in gross shall be perpetual unless otherwise
stated in the instrument creating it.
(4) The particular characteristics of a conservation easement in gross shall
be those granted or specified in the instrument creating the easement.
(5) A conservation easement in gross that encumbers water or a water right
as permitted by section 38-30.5-104 (1) may be created only by the voluntary act of the owner of the water or water right and may be made revocable by the instrument creating it.
(6) On and after January 1, 2020, prior to creating a conservation easement in
gross, the owner of the property who is granting the conservation easement shall execute a disclosure form that includes, but is not limited to, an acknowledgment that the conservation easement is being granted in perpetuity. The division of conservation in cooperation with the conservation easement oversight commission shall develop the disclosure form and publish the approved form on its website. The signed disclosure form must be submitted to the division of conservation as part of the tax credit application.
(7) A conservation easement in gross is a real property interest as defined in
section 38-30.5-102 that is to be created, administered, stewarded, enforced, modified, and terminated pursuant to this article 30.5 and, as applicable, section 39-22-522.
Source: L. 76: Entire article added, p. 751, � 1, effective July 1. L. 2003: (5)
added, p. 990, � 2, effective August 6. L. 2019: (6) added, (HB 19-1264), ch. 420, p. 3678, � 6, effective June 30. L. 2024: (7) added, (SB 24-126), ch. 211, p. 1291, � 6, effective August 7.
Cross references: For the legislative declaration in SB 24-126, see section 1
of chapter 211, Session Laws of Colorado 2024.
38-30.5-104. Creation of conservation easements in gross. (1) A
conservation easement in gross may only be created by the record owners of the surface of the land and, if applicable, owners of the water or water rights beneficially used thereon by a deed or other instrument of conveyance specifically stating the intention of the grantor to create such an easement under this article.
(2) A conservation easement in gross may only be created through a grant to
or a reservation by a governmental entity, including the division of conservation created in section 12-15-102, or a grant to or a reservation by a charitable organization exempt under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, which organization was created at least two years prior to receipt of the conservation easement.
(3) Repealed.
(4) Conservation easements relating to historical, architectural, or cultural
significance may only be applied to buildings, sites, or structures which have been listed in the national register of historic places or the state register of historic properties, which have been designated as a landmark by a local government or landmarks commission under the provisions of the ordinances of the locality involved, or which are listed as contributing building sites or structures within a national, state, or locally designated historic district.
(5) If a water right is represented by shares in a mutual ditch or reservoir
company, a conservation easement in gross that encumbers the water right may be created or revoked only after sixty days' notice and in accordance with the applicable requirements of the mutual ditch or reservoir company, including, but not limited to, its articles of incorporation and bylaws as amended from time to time.
Source: L. 76: Entire article added, p. 751, � 1, effective July 1. L. 85: (3)
repealed and (4) amended, p. 1203, �� 3, 1, effective July 1. L. 99: (2) amended, p. 632, � 49, effective August 4. L. 2003: (1) amended and (5) added, p. 991, � 3, effective August 6; (2) amended, p. 1022, � 1, effective August 6. L. 2021: (2) amended, (HB 21-1233), ch. 385, p. 2577, � 2, effective June 30.
38-30.5-105. Residual estate. All interests not transferred and conveyed by
the instrument creating the easement shall remain in the grantor of the easement, including the right to engage in all uses of the lands or water or water rights affected by the easement that are not inconsistent with the easement or prohibited by the easement or by law.
Source: L. 76: Entire article added, p. 751, � 1, effective July 1. L. 2003: Entire
section amended, p. 991, � 4, effective August 6.
38-30.5-106. Recordation upon public records. Instruments creating,
assigning, or otherwise transferring conservation easements in gross must be recorded upon the public records affecting the ownership of real property in order to be valid and shall be subject in all respects to the laws relating to such recordation.
Source: L. 76: Entire article added, p. 751, � 1, effective July 1.
38-30.5-107. Release - termination. If it is determined that conditions on or
surrounding a property encumbered by a conservation easement in gross change so that it becomes impossible to fulfill its conservation purposes that are defined in the deed of conservation easement, a court with jurisdiction may, at the joint request of both the owner of property encumbered by a conservation easement and the holder of the easement, terminate, release, extinguish, or abandon the conservation easement. If condemnation by a public authority of a part of a property or of the entire property encumbered by a conservation easement in gross renders it impossible to fulfill any of the conservation purposes outlined in the deed of conservation easement, the conservation easement may be terminated, released, subordinated, extinguished, or abandoned in whole or in part through condemnation proceedings. A conservation easement in gross for which a Colorado state income tax credit has been allowed may not in whole or in part be released, terminated, extinguished, or abandoned by merger with the underlying fee interest in the servient land or water rights. Any release, termination, or extinguishment of a conservation easement under this section must be recorded in the records of the office of the clerk and recorder in the county where the conservation easement is located.
Source: L. 76: Entire article added, p. 751, � 1, effective July 1. L. 2003: Entire
section amended, p. 991, � 5, effective August 6. L. 2019: Entire section amended, (HB 19-1264), ch. 420, p. 3678, � 7, effective June 30. L. 2022: Entire section amended, (SB 22-208), ch. 420, p. 2961, � 1, effective June 7.
38-30.5-107.5. Condemnation of property encumbered by a conservation
easement in gross - determination of just compensation. If property encumbered by a conservation easement in gross created in accordance with the requirements of section 38-30.5-104 is condemned in accordance with the requirements of articles 1 to 7 of this title 38, and, as a result of the condemnation, the condemning authority is acquiring such property free and clear of the conservation easement interest or subordinating the deed of conservation easement to such acquired property interest, just compensation must be determined based on the value of the property as if unencumbered by the conservation easement in gross and must be allocated between the fee owner and the holder of the conservation easement based upon the value of their respective interests in the property. This section does not affect or limit damages to which a holder of a conservation easement in gross is entitled under section 38-30.5-108 (3).
Source: L. 2022: Entire section added, (SB 22-208), ch. 420, p. 2961, � 2,
effective June 7.
38-30.5-108. Enforcement - remedies. (1) No conservation easement in
gross shall be unenforceable by reason of lack of privity of contract or lack of benefit to particular land or because not expressed as running with the land.
(2) Actual or threatened injury to or impairment of a conservation easement
in gross or the interest intended for protection by such easement may be prohibited or restrained by injunctive relief granted by any court of competent jurisdiction in a proceeding initiated by the grantor or by an owner of the easement.
(3) In addition to the remedy of injunctive relief, the holder of a conservation
easement in gross shall be entitled to recover money damages for injury thereto or to the interest to be protected thereby. In assessing such damages, there may be taken into account, in addition to the cost of restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, and environmental values.
Source: L. 76: Entire article added, p. 752, � 1, effective July 1.
38-30.5-109. Taxation. Conservation easements in gross shall be subject to
assessment, taxation, or exemption from taxation in accordance with general laws applicable to the assessment and taxation of interests in real property. Real property subject to one or more conservation easements in gross shall be assessed, however, with due regard to the restricted uses to which the property may be devoted. The valuation for assessment of a conservation easement which is subject to assessment and taxation, plus the valuation for assessment of lands subject to such easement, shall equal the valuation for assessment which would have been determined as to such lands if there were no conservation easement.
Source: L. 76: Entire article added, p. 752, � 1, effective July 1.
38-30.5-110. Other interests not impaired. No interest in real property
cognizable under the statutes, common law, or custom in effect in this state prior to July 1, 1976, nor any lease or sublease thereof at any time, nor any transfer of a water right or any change of a point of diversion decreed prior to the recordation of any conservation easement in gross restricting a transfer or change shall be impaired, invalidated, or in any way adversely affected by reason of any provision of this article. No provision of this article shall be construed to mean that conservation easements in gross were not lawful estates in land prior to July 1, 1976. Nothing in this article shall be construed so as to impair the rights of a public utility, as that term is defined by section 40-1-103, C.R.S., with respect to rights-of-way, easements, or other property rights upon which facilities, plants, or systems of a public utility are located or are to be located. Any conservation easement in gross concerning water or water rights shall be subject to the Water Right Determination and Administration Act of 1969, as amended, article 92 of title 37, C.R.S., and any decree adjudicating the water or water rights.
Source: L. 76: Entire article added, p. 752, � 1, effective July 1. L. 2003: Entire
section amended, p. 991, � 6, effective August 6.
38-30.5-111. Validation. (1) Any conservation easement in gross created on
or after July 1, 1976, but before July 1, 1985, that would have been valid under this article except for section 38-30.5-104 (3) is valid and shall be a binding, legal, and enforceable obligation.
(2) Any conservation easement in gross affecting water rights created prior
to August 6, 2003, shall be a binding, legal, and enforceable obligation if it complies with the requirements of this article.
Source: L. 85: Entire section added, p. 1203, � 2, effective July 1. L. 2003:
Entire section amended, p. 992, � 7, effective August 6.
Editor's note: Section 38-30.5-104 (3), which is referenced in this section,
was repealed by L. 85, p. 1203, � 3, effective July 1, 1985.
38-30.5-112. Conservation easement - task force - creation - report -
legislative declaration - repeal. (Repealed)
Source: L. 2011: Entire section added, (SB 11-050), ch. 304, p. 1460, � 1,
effective June 8.
Editor's note: Subsection (7) provided for the repeal of this section, effective
November 1, 2011. (See L. 2011, p. 1460.)
ARTICLE 30.7
Wind Energy
38-30.7-101. Legislative declaration. The general assembly finds and
declares that a wind energy right is an interest in real property appurtenant to the surface estate.
Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1011, � 1,
effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 45, � 1, effective August 5.
38-30.7-102. Definitions. As used in this article, unless the context
otherwise requires:
(1) Wind energy agreement or agreement means a lease, license,
easement, or other agreement between the owner of a surface estate and a wind energy developer to develop wind-powered energy generation.
(2) Wind energy developer means the lessee, easement holder, licensee, or
similar party under a wind energy agreement.
(3) Wind energy developer of record means the wind energy developer
named in a recorded wind energy agreement or, if the wind energy agreement has been transferred by a recorded document, the most recent transferee of the rights of the original wind energy developer identified in the recorded document.
(4) Wind energy right means the right of the owner of a surface estate,
either directly or through a wind energy developer under a wind energy agreement, to capture and employ the kinetic energy of the wind.
(5) Wind-powered energy generation means the generation of electricity
by means of a turbine or other device that captures and employs the kinetic energy of the wind.
Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1011, � 1,
effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 45, � 1, effective August 5.
38-30.7-103. Wind energy agreements - recording - termination - transfer.
(1) A wind energy right is not severable from the surface estate but, like other rights to use the surface estate, may be created, transferred, encumbered, or modified by agreement.
(2) (a) A wind energy agreement is subject to statutory and other rules of law
to the same extent as other agreements creating interests in or rights to use real property.
(b) A wind energy agreement may be recorded in the office of the county
clerk and recorder in the county where the land subject to the agreement is located. Until so recorded, the wind energy agreement is not valid as against any person with rights in or to the land subject to the agreement whose interest is first recorded, except as between the parties to the wind energy agreement and those having notice of the agreement.
(c) The county clerk and recorder shall index a wind energy agreement in
both the grantor and grantee indices under the names of each party to the wind energy agreement.
(d) The provisions of this subsection (2) apply equally to any modification,
assignment, or encumbrance of a wind energy agreement.
(3) (a) After a wind energy agreement has expired or has been terminated,
the wind energy developer of record shall record a release in the office of the county clerk and recorder in the county where the land subject to the agreement is located.
(b) If the wind energy developer of record fails to record a release in the
office of the county clerk and recorder in the county where the land subject to the agreement is located, the owner of the surface estate or the owner's agent may request the wind energy developer of record to record a release of the wind energy agreement. The request must be in writing and must be delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the last-known address of the wind energy developer of record. Within ninety days after receiving the request, the wind energy developer of record shall record the release in the office of the county clerk and recorder in the county where the land subject to the agreement is located.
(c) The release must identify the wind energy agreement with reasonable
clarity, including the names of the parties, the legal description of the land subject to the agreement, and the applicable recording information of the agreement. The county clerk and recorder shall index the release in both the grantor and grantee indices under the names of each party identified in the release.
(d) (I) If the wind energy developer of record fails to record the release
required by this subsection (3) within ninety days after receiving the request, the wind energy developer of record is liable to the owner of the surface estate for any damages caused by the failure.
(II) If the interest of the wind energy developer of record has been
transferred by an instrument that has not been recorded, the transferee shall either:
(A) Record the instrument by which the transferee acquired the interest and
thereafter record the release required by this subsection (3); or
(B) Cause the wind energy developer of record to record the release required
by this subsection (3).
(III) The wind energy developer of record and every transferee described in
subparagraph (II) of this paragraph (d) are jointly and severally liable for any damages caused by the failure of the wind energy developer of record to record the release, as required by subparagraph (I) of this paragraph (d), or of a transferee to comply with subparagraph (II) of this paragraph (d).
(4) Nothing in this article alters, amends, diminishes, or invalidates wind
energy agreements or conveyances made or entered into prior to July 1, 2012.
(5) Nothing in this article restricts the transfer of any interest of a party to a
wind energy agreement, including the transfer of the right of the owner of the surface estate to receive payments under the wind energy agreement.
Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1012, � 1,
effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 46, � 1, effective August 5.
38-30.7-104. Expiration of rights under wind energy agreements. (1)
Except as otherwise provided in a wind energy agreement or an amendment to the agreement, all rights of a wind energy developer to use real property for wind energy development or production under a wind energy agreement entered into on or after July 1, 2012, expire if no wind-powered energy generation has occurred under the agreement for a continuous period of fifteen years. The expiration of rights under this section does not modify any obligation to restore or reclaim the surface estate that is contained in the agreement or imposed by law.
(2) At any time after a wind energy developer has determined to commence
construction of wind energy generating facilities under a recorded wind energy agreement, the wind energy developer may record in the office of the county clerk and recorder where the land subject to the agreement is located an affidavit stating the date on which such construction commenced or is expected to commence. If no such affidavit is recorded, then the wind energy agreement expires in accordance with its own terms or, if no expiration date is specified, fifteen years after the recording of the wind energy agreement. The affidavit must identify the wind energy agreement with reasonable clarity, including the names of the parties, the legal description of the property subject to the agreement, and the applicable recording information of the agreement. The county clerk and recorder shall index the affidavit in both the grantor and grantee indices under the names of all parties identified in the affidavit.
Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1013, � 1,
effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 48, � 1, effective August 5.
38-30.7-105. Taxation. Equipment used in the development of wind energy
is exempt from the levy and collection of personal property tax until the equipment is first used pursuant to section 39-3-118.5, C.R.S.
Source: L. 2012: Entire article added, (HB 12-1105), ch. 230, p. 1013, � 1,
effective August 8. L. 2015: Entire article amended, (HB 15-1121), ch. 19, p. 49, � 1, effective August 5.
38-30.7-106. Wind-powered energy generation facilities inclusion of light-mitigating technology - requirement - enforcement - definitions. (1) (a) Subject to
subsection (1)(b) of this section and subject to approval from the FAA for the installation of approved light-mitigating technology, for any new wind-powered energy generation facility that is subject to local government land-use permitting requirements pursuant to section 29-20-108 or is owned by an independent power producer, and for which the owner or operator of the new facility begins vertical construction of the first wind turbine included within the facility on or after April 1, 2022, the owner or operator shall install light-mitigating technology at the new facility.
(b) The owner or operator of a new wind-powered energy generation facility
subject to subsection (1)(a) of this section, within six months after the facility receives a determination of no hazard from the FAA, shall:
(I) Apply to the FAA, any other applicable federal agency, or both, for the
installation of approved light-mitigating technology; and
(II) Within twenty-four months after receiving approval from the FAA in
accordance with subsection (1)(b)(I) of this section, and subject to the availability of light-mitigating technology from the manufacturer or supplier, install, test, and commence operation, consistent with FAA requirements or other applicable federal agency requirements, of the light-mitigating technology at the new facility.
(2) The owner or operator of a wind-powered energy generation facility may
seek an extension of time from the governing body of the local government to comply with subsection (1) of this section for a period of up to twenty-four months. The governing body of the local government shall grant the request if the owner or operator can demonstrate that, despite the owner's or operator's exercise of commercially reasonable efforts, the availability of light-mitigating technology constrained the owner's or operator's ability to comply with subsection (1) of this section in the time frame afforded. A board shall not impose any penalties against the owner or operator pursuant to subsection (3) of this section during the extension period granted.
(3) If the board has exercised its authority to enact an ordinance or
resolution to impose civil penalties pursuant to section 30-11-130 and determines that an owner or operator of a wind-powered energy generation facility was required to, but failed to, comply with this section, the board may impose a civil penalty on the owner or operator of the new facility in the amount of one thousand dollars per day.
(4) This section does not apply to wind-powered energy generation facilities
used solely for purposes of research and testing.
(5) As used in this section, unless the context otherwise requires:
(a) Approval from the FAA means FAA approval to equip and operate light-mitigating technology for at least thirty percent of the proposed wind turbines
included within a new wind-powered energy generation facility.
(b) Board means the board of county commissioners in the county in which
a wind-powered energy generation facility is located or will be located.
(c) FAA means the federal aviation administration in the United States
department of transportation.
(d) Light-mitigating technology means a sensor-based system that:
(I) Is designed to detect approaching aircraft;
(II) Keeps the lights off when it is safe to do so; and
(III) The FAA has approved as meeting the requirements set forth in chapter
10 of the FAA's 2020 advisory circular AC 70/7460-1M, Obstruction Marking and Lighting.
(e) Local government means a county or a home rule or statutory city,
town, territorial charter city, or city and county.
(f) Wind-powered energy generation facility or facility means a facility
used in the generation of electricity by means of turbines or other devices that capture and employ the kinetic energy of the wind.
Source: L. 2022: Entire section added, (SB 22-110), ch. 462, p. 3275, � 1,
effective August 10.
ARTICLE 31
Co-ownership of Real Property
Cross references: For joint rights and obligations generally, see article 50 of
title 13; for joint bank deposits, see � 11-105-105 and article 15 of title 15; for joint tenancy in personal property, see � 38-11-101.
PART 1
JOINT TENANCY IN REAL PROPERTY -
PROOF OF DEATH
C.R.S. § 38-33-105.5
38-33-105.5. Contents of declaration. (1) The declaration shall contain:
(a) The name of the condominium property, which shall include the word
condominium or be followed by the words a condominium;
(b) The name of every county in which any part of the condominium property
is situated;
(c) A legally sufficient description of the real estate included in the
condominium property;
(d) A description or delineation of the boundaries of each condominium unit,
including its identifying number;
(e) A statement of the maximum number of condominium units that may be
created by the subdivision or conversion of units in a multiple-unit dwelling owned by the declarant;
(f) A description of any limited common elements;
(g) A description of all general common elements;
(h) A description of all general common elements which may be conveyed to
any person or entity other than the condominium unit owners;
(i) A description of all general common elements which may be allocated
subsequently as limited common elements, together with a statement that they may be so allocated, and a description of the method by which the allocations are to be made;
(j) An allocation to each condominium unit of an undivided interest in the
general common elements, a portion of the votes in the association, and a percentage or fraction of the common expenses of the association;
(k) Any restrictions on the use, occupancy, or alienation of the condominium
units;
(l) The recording data for recorded easements and licenses appurtenant to,
or included in, the condominium property or to which any portion of the condominium property is or may become subject;
(m) Reasonable provisions concerning the manner in which notice of matters
affecting the condominium property may be given to condominium unit owners by the association or other condominium unit owners; and
(n) Any other matters the declarant deems appropriate.
(2) This section shall apply to any condominium ownership of property
created on or after July 1, 1983.
Source: L. 83: Entire section added, p. 593, � 3, effective May 25.
C.R.S. § 38-33-113
38-33-113. License to sell condominiums and time shares. The general assembly hereby finds and declares that the licensing of persons to sell condominiums and time shares is a matter of statewide concern.
Source: L. 83: Entire section added, p. 594, � 5, effective May 25.
Cross references: For the licensing of real estate brokers and salespersons,
see article 10 of title 12.
ARTICLE 33.3
Colorado Common Interest Ownership Act
Editor's note: The provisions of this act are based substantially on the
Uniform Common Interest Ownership Act, as promulgated by the National Conference of Commissioners on Uniform State Laws. Colorado did not adopt article 4 concerning protection of purchasers and the optional article 5 of said uniform act concerning administration and registration of common interest communities.
Law reviews: For article, Colorado Common Interest Ownership Act -- How it
is Doing, see 25 Colo. Law. 17 (Nov. 1996); for article, When the Developer Controls the Homeowner Association Board: The Benevolent Dictator?, see 31 Colo. Law. 91 (Jan. 2002); for article, S.B. 05-100 and 06-089 -- Impact on Colorado's Common Interest Communities, see 35 Colo. Law. 57 (Dec. 2006); for article, When Homeowner Associations Borrow What Attorneys and Lenders Should Know, see 44 Colo. Law. 51 (Dec. 2015); for article, Construction Defect Municipal Ordinances: The Balkanization of Tort and Contract Law (Part 3), see 46 Colo. Law. 27 (Apr. 2017); for article, Mitigating Potential Condo Conversion and Renovation Construction Defect Liabilities: Part 1, see 48 Colo. Law. 28 (Apr. 2019); for article, Condominium Obsolescence: The Final Act or a New Beginning?, see 49 Colo. Law. 42 (Jan. 2020); for article, A Block of Blue Sky, Small Planned Communities in Colorado, see 49 Colo. Law. 53 (Dec. 2020); for article, In 'Case' You Missed It: Recent Real Estate Case Law Highlights, see 50 Colo. Law. 36 (Apr. 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 1, see 50 Colo. Law. 20 (June 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 2, see 50 Colo. Law. 32 (July 2021); for article, Owner Association Board Member Duties and Liabilities -- Part 3, see 50 Colo. Law. 30 (Aug.-Sept. 2021); for article, Removing Common Interest Community Association Board Members, see 51 Colo. Law. 38 (Feb. 2022); for article, The State of Short-Term Rentals in Colorado, see 51 Colo. Law. 34 (Apr. 2022); for article, Terminating Common Interest Communities with Horizontal Boundaries under CCIOA, see 51 Colo. Law. 40 (June 2022); for article, Dirt in the Courts: A Summary of Recent Colorado Real Estate Caselaw, see 52 Colo. Law. 38 (Mar. 2023); for article, Making Up Your Own Rules for Resolving Residential Construction Defect Disputes, see 52 Colo. Law 36 (May 2023).
PART 1
GENERAL PROVISIONS
38-33.3-101. Short title. This article shall be known and may be cited as the
Colorado Common Interest Ownership Act.
Source: L. 91: Entire article added, p. 1701, � 1, effective July 1, 1992.
38-33.3-102. Legislative declaration. (1) The general assembly hereby
finds, determines, and declares, as follows:
(a) That it is in the best interests of the state and its citizens to establish a
clear, comprehensive, and uniform framework for the creation and operation of common interest communities;
(b) That the continuation of the economic prosperity of Colorado is
dependent upon the strengthening of homeowner associations in common interest communities financially through the setting of budget guidelines, the creation of statutory assessment liens, the granting of six months' lien priority, the facilitation of borrowing, and more certain powers in the association to sue on behalf of the owners and through enhancing the financial stability of associations by increasing the association's powers to collect delinquent assessments, late charges, fines, and enforcement costs;
(c) That it is the policy of this state to give developers flexible development
rights with specific obligations within a uniform structure of development of a common interest community that extends through the transition to owner control;
(d) That it is the policy of this state to promote effective and efficient
property management through defined operational requirements that preserve flexibility for such homeowner associations;
(e) That it is the policy of this state to promote the availability of funds for
financing the development of such homeowner associations by enabling lenders to extend the financial services to a greater market on a safer, more predictable basis because of standardized practices and prudent insurance and risk management obligations.
Source: L. 91: Entire article added, p. 1701, � 1, effective July 1, 1992.
38-33.3-103. Definitions. As used in the declaration and bylaws of an
association, unless specifically provided otherwise or unless the context otherwise requires, and in this article:
(1) Affiliate of a declarant means any person who controls, is controlled by,
or is under common control with a declarant. A person controls a declarant if the person: Is a general partner, officer, director, or employee of the declarant; directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than twenty percent of the voting interests of the declarant; controls in any manner the election of a majority of the directors of the declarant; or has contributed more than twenty percent of the capital of the declarant. A person is controlled by a declarant if the declarant: Is a general partner, officer, director, or employee of the person; directly or indirectly, or acting in concert with one or more other persons or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than twenty percent of the voting interests of the person; controls in any manner the election of a majority of the directors of the person; or has contributed more than twenty percent of the capital of the person. Control does not exist if the powers described in this subsection (1) are held solely as security for an obligation and are not exercised.
(2) Allocated interests means the following interests allocated to each
unit:
(a) In a condominium, the undivided interest in the common elements, the
common expense liability, and votes in the association;
(b) In a cooperative, the common expense liability and the ownership interest
and votes in the association; and
(c) In a planned community, the common expense liability and votes in the
association.
(2.5) Approved for development means that all or some portion of a
particular parcel of real property is zoned or otherwise approved for construction of residential and other improvements and authorized for specified densities by the local land use authority having jurisdiction over such real property and includes any conceptual or final planned unit development approval.
(3) Association or unit owners' association means a unit owners'
association organized under section 38-33.3-301.
(4) Bylaws means any instruments, however denominated, which are
adopted by the association for the regulation and management of the association, including any amendments to those instruments.
(5) Common elements means:
(a) In a condominium or cooperative, all portions of the condominium or
cooperative other than the units; and
(b) In a planned community, any real estate within a planned community
owned or leased by the association, other than a unit.
(6) Common expense liability means the liability for common expenses
allocated to each unit pursuant to section 38-33.3-207.
(7) Common expenses means expenditures made or liabilities incurred by
or on behalf of the association, together with any allocations to reserves.
(8) Common interest community means real estate described in a
declaration with respect to which a person, by virtue of such person's ownership of a unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in a declaration. Ownership of a unit does not include holding a leasehold interest in a unit of less than forty years, including renewal options. The period of the leasehold interest, including renewal options, is measured from the date the initial term commences.
(9) Condominium means a common interest community in which portions of
the real estate are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate ownership portions. A common interest community is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
(10) Cooperative means a common interest community in which the real
property is owned by an association, each member of which is entitled by virtue of such member's ownership interest in the association to exclusive possession of a unit.
(11) Dealer means a person in the business of selling units for such person's
own account.
(12) Declarant means any person or group of persons acting in concert
who:
(a) As part of a common promotional plan, offers to dispose of to a purchaser
such declarant's interest in a unit not previously disposed of to a purchaser; or
(b) Reserves or succeeds to any special declarant right.
(13) Declaration means any recorded instruments however denominated,
that create a common interest community, including any amendments to those instruments and also including, but not limited to, plats and maps.
(14) Development rights means any right or combination of rights reserved
by a declarant in the declaration to:
(a) Add real estate to a common interest community;
(b) Create units, common elements, or limited common elements within a
common interest community;
(c) Subdivide units or convert units into common elements; or
(d) Withdraw real estate from a common interest community.
(15) Dispose or disposition means a voluntary transfer of any legal or
equitable interest in a unit, but the term does not include the transfer or release of a security interest.
(16) Executive board means the body, regardless of name, designated in
the declaration to act on behalf of the association.
(16.5) Horizontal boundary means a plane of elevation relative to a
described bench mark that defines either a lower or an upper dimension of a unit such that the real estate respectively below or above the defined plane is not a part of the unit.
(17) Identifying number means a symbol or address that identifies only one
unit in a common interest community.
(17.5) Large planned community means a planned community that meets
the criteria set forth in section 38-33.3-116.3 (1).
(18) Leasehold common interest community means a common interest
community in which all or a portion of the real estate is subject to a lease, the expiration or termination of which will terminate the common interest community or reduce its size.
(19) Limited common element means a portion of the common elements
allocated by the declaration or by operation of section 38-33.3-202 (1)(b) or (1)(d) for the exclusive use of one or more units but fewer than all of the units.
(19.5) Map means that part of a declaration that depicts all or any portion
of a common interest community in three dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A map is required for a common interest community with units having a horizontal boundary. A map and a plat may be combined in one instrument.
(20) Master association means an organization that is authorized to
exercise some or all of the powers of one or more associations on behalf of one or more common interest communities or for the benefit of the unit owners of one or more common interest communities.
(21) Person means a natural person, a corporation, a partnership, an
association, a trust, or any other entity or any combination thereof.
(21.5) Phased community means a common interest community in which
the declarant retains development rights.
(22) Planned community means a common interest community that is not a
condominium or cooperative. A condominium or cooperative may be part of a planned community.
(22.5) Plat means that part of a declaration that is a land survey plat as set
forth in section 38-51-106, depicts all or any portion of a common interest community in two dimensions, is executed by a person that is authorized by this title to execute a declaration relating to the common interest community, and is recorded in the real estate records in every county in which any portion of the common interest community is located. A plat and a map may be combined in one instrument.
(23) Proprietary lease means an agreement with the association pursuant
to which a member is entitled to exclusive possession of a unit in a cooperative.
(24) Purchaser means a person, other than a declarant or a dealer, who by
means of a transfer acquires a legal or equitable interest in a unit, other than:
(a) A leasehold interest in a unit of less than forty years, including renewal
options, with the period of the leasehold interest, including renewal options, being measured from the date the initial term commences; or
(b) A security interest.
(25) Real estate means any leasehold or other estate or interest in, over, or
under land, including structures, fixtures, and other improvements and interests that, by custom, usage, or law, pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. Real estate includes parcels with or without horizontal boundaries and spaces that may be filled with air or water.
(26) Residential use means use for dwelling or recreational purposes but
does not include spaces or units primarily used for commercial income from, or service to, the public.
(27) Rules and regulations means any instruments, however denominated,
which are adopted by the association for the regulation and management of the common interest community, including any amendment to those instruments.
(28) Security interest means an interest in real estate or personal property
created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.
(29) Special declarant rights means rights reserved for the benefit of a
declarant to perform the following acts as specified in parts 2 and 3 of this article: To complete improvements indicated on plats and maps filed with the declaration; to exercise any development right; to maintain sales offices, management offices, signs advertising the common interest community, and models; to use easements through the common elements for the purpose of making improvements within the common interest community or within real estate which may be added to the common interest community; to make the common interest community subject to a master association; to merge or consolidate a common interest community of the same form of ownership; or to appoint or remove any officer of the association or any executive board member during any period of declarant control.
(30) Unit means a physical portion of the common interest community
which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the declaration. If a unit in a cooperative is owned by a unit owner or is sold, conveyed, voluntarily or involuntarily encumbered, or otherwise transferred by a unit owner, the interest in that unit which is owned, sold, conveyed, encumbered, or otherwise transferred is the right to possession of that unit under a proprietary lease, coupled with the allocated interests of that unit, and the association's interest in that unit is not thereby affected.
(31) Unit owner means the declarant or other person who owns a unit, or a
lessee of a unit in a leasehold common interest community whose lease expires simultaneously with any lease, the expiration or termination of which will remove the unit from the common interest community but does not include a person having an interest in a unit solely as security for an obligation. In a condominium or planned community, the declarant is the owner of any unit created by the declaration until that unit is conveyed to another person; in a cooperative, the declarant is treated as the owner of any unit to which allocated interests have been allocated pursuant to section 38-33.3-207 until that unit has been conveyed to another person, who may or may not be a declarant under this article.
(32) Vertical boundary means the defined limit of a unit that is not a
horizontal boundary of that unit.
(33) Xeriscape means the combined application of the seven principles of
landscape planning and design, soil analysis and improvement, hydro zoning of plants, use of practical turf areas, uses of mulches, irrigation efficiency, and appropriate maintenance under section 38-35.7-107 (1)(a)(III)(A).
Source: L. 91: Entire article added, p. 1702, � 1, effective July 1, 1992. L. 93: IP,
(8), and (25) amended and (16.5), (19.5), (22.5), and (32) added, p. 642, � 1, effective April 30. L. 94: (17.5) added, p. 2845, � 1, effective July 1; (22.5) amended, p. 1509, � 44, effective July 1. L. 95: (2.5) added, p. 236, � 1, effective July 1. L. 97: (22.5) amended, p. 151, � 2, effective March 28. L. 98: (20) amended, p. 477, � 1, effective July 1. L. 2006: (21.5) added, p. 1215, � 1, effective May 26. L. 2013: (33) added, (SB 13-183), ch. 187, p. 757, � 2, effective May 10.
38-33.3-104. Variation by agreement. Except as expressly provided in this
article, provisions of this article may not be varied by agreement, and rights conferred by this article may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this article or the declaration.
Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992.
38-33.3-105. Separate titles and taxation. (1) In a cooperative, unless the
declaration provides that a unit owner's interest in a unit and its allocated interests is personal property, that interest is real estate for all purposes.
(2) In a condominium or planned community with common elements, each
unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate and must be separately assessed and taxed. The valuation of the common elements shall be assessed proportionately to each unit, in the case of a condominium in accordance with such unit's allocated interests in the common elements, and in the case of a planned community in accordance with such unit's allocated common expense liability, set forth in the declaration, and the common elements shall not be separately taxed or assessed. Upon the filing for recording of a declaration for a condominium or planned community with common elements, the declarant shall deliver a copy of such filing to the assessor of each county in which such declaration was filed.
(3) In a planned community without common elements, the real estate
comprising such planned community may be taxed and assessed in any manner provided by law.
Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992. L. 93: (1)
and (2) amended, p. 643, � 2, effective April 30.
38-33.3-106. Applicability of local ordinances, regulations, and building
codes. (1) A building code may not impose any requirement upon any structure in a common interest community which it would not impose upon a physically identical development under a different form of ownership; except that a minimum one hour fire wall may be required between units.
(2) In condominiums and cooperatives, no zoning, subdivision, or other real
estate use law, ordinance, or regulation may prohibit the condominium or cooperative form of ownership or impose any requirement upon a condominium or cooperative which it would not impose upon a physically identical development under a different form of ownership.
Source: L. 91: Entire article added, p. 1707, � 1, effective July 1, 1992.
38-33.3-106.5. Prohibitions contrary to public policy - patriotic, political,
or religious expression - public rights-of-way - fire prevention - renewable energy generation devices - affordable housing - drought prevention measures - child care - fire-hardened building materials - operation of businesses - definitions. (1) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following:
(a) The display of a flag on a unit owner's property, in a window of the unit, or
on a balcony adjoining the unit. The association shall not prohibit or regulate the display of flags on the basis of their subject matter, message, or content; except that the association may prohibit flags bearing commercial messages. The association may adopt reasonable, content-neutral rules to regulate the number, location, and size of flags and flagpoles, but shall not prohibit the installation of a flag or flagpole.
(b) Repealed.
(c) The display of a sign by the owner or occupant of a unit on property
within the boundaries of the unit or in a window of the unit. The association shall not prohibit or regulate the display of window signs or yard signs on the basis of their subject matter, message, or content; except that the association may prohibit signs bearing commercial messages. The association may establish reasonable, content-neutral sign regulations based on the number, placement, or size of the signs or on other objective factors.
(c.5) (I) The display of a religious item or symbol on the entry door or entry
door frame of a unit; except that an association may prohibit the display or affixing of an item or symbol to the extent that it:
(A) Threatens public health or safety;
(B) Hinders the opening or closing of an entry door;
(C) Violates federal or state law or a municipal ordinance;
(D) Contains graphics, language, or any display that is obscene or otherwise
illegal; or
(E) Individually or in combination with other religious items or symbols,
covers an area greater than thirty-six square inches.
(II) If an association is performing maintenance, repair, or replacement of an
entry door or door frame that serves a unit owner's separate interest, the unit owner may be required to remove a religious item or symbol during the time the work is being performed. After completion of the association's work, the unit owner may again display or affix the religious item or symbol. The association shall provide individual notice to the unit owner regarding the temporary removal of the religious item or symbol.
(III) As used in this subsection (1)(c.5), religious item or symbol means an
item or symbol displayed because of a sincerely held religious belief.
(d) The parking of a motor vehicle by the occupant of a unit on a street,
driveway, or guest parking area in the common interest community if the vehicle is required to be available at designated periods at such occupant's residence as a condition of the occupant's employment and all of the following criteria are met:
(I) The vehicle has a gross vehicle weight rating of ten thousand pounds or
less;
(II) The occupant is a bona fide member of a volunteer fire department or is
employed by a primary provider of emergency fire fighting, law enforcement, ambulance, or emergency medical services;
(III) The vehicle bears an official emblem or other visible designation of the
emergency service provider; and
(IV) Parking of the vehicle can be accomplished without obstructing
emergency access or interfering with the reasonable needs of other unit owners or occupants to use streets, driveways, and guest parking spaces within the common interest community.
(d.5) (I) The use of a public right-of-way in accordance with a local
government's ordinance, resolution, rule, franchise, license, or charter provision regarding use of the public right-of-way. Additionally, the association shall not require that a public right-of-way be used in a certain manner.
(II) As used in this subsection (1)(d.5), local government means a statutory
or home rule county, municipality, or city and county.
(e) The removal by a unit owner of trees, shrubs, or other vegetation to
create defensible space around a dwelling for fire mitigation purposes, so long as such removal complies with a written defensible space plan created for the property by the Colorado state forest service, an individual or company certified by a local governmental entity to create such a plan, or the fire chief, fire marshal, or fire protection district within whose jurisdiction the unit is located, and is no more extensive than necessary to comply with such plan. The plan shall be registered with the association before the commencement of work. The association may require changes to the plan if the association obtains the consent of the person, official, or agency that originally created the plan. The work shall comply with applicable association standards regarding slash removal, stump height, revegetation, and contractor regulations.
(f) (Deleted by amendment, L. 2006, p. 1215, � 2, effective May 26, 2006.)
(g) Reasonable modifications to a unit or to common elements as necessary
to afford a person with disabilities full use and enjoyment of the unit in accordance with the federal Fair Housing Act of 1968, 42 U.S.C. sec. 3604 (f)(3)(A);
(h) (I) The right of a unit owner, public or private, to restrict or specify by
deed, covenant, or other document:
(A) The permissible sale price, rental rate, or lease rate of the unit; or
(B) Occupancy or other requirements designed to promote affordable or
workforce housing as such terms may be defined by the local housing authority.
(II) (A) Notwithstanding any other provision of law, the provisions of this
subsection (1)(h) shall only apply to a county the population of which is less than one hundred thousand persons and that contains a ski lift licensed by the passenger tramway safety board created in section 12-150-104 (1).
(B) The provisions of this paragraph (h) shall not apply to a declarant-controlled community.
(III) Nothing in subparagraph (I) of this paragraph (h) shall be construed to
prohibit the future owner of a unit against which a restriction or specification described in such subparagraph has been placed from lifting such restriction or specification on such unit as long as any unit so released is replaced by another unit in the same common interest community on which the restriction or specification applies and the unit subject to the restriction or specification is reasonably equivalent to the unit being released in the determination of the beneficiary of the restriction or specification.
(IV) Except as otherwise provided in the declaration of the common interest
community, any unit subject to the provisions of this paragraph (h) shall only be occupied by the owner of the unit.
(i) (I) (A) The use of xeriscape, nonvegetative turf grass, or drought-tolerant
vegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner. Associations may adopt and enforce design or aesthetic guidelines or rules that apply to nonvegetative turf grass and drought-tolerant vegetative landscapes or regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner's property or on a limited common element or other property for which the unit owner is responsible. An association may restrict the installation of nonvegetative turf grass to rear yard locations only. This subsection (1)(i)(I)(A), as amended by Senate Bill 23-178, enacted in 2023, applies only to a unit that is a single-family home that shares one or more walls with another unit and does not apply to a unit that is a detached single-family home.
(B) This subsection (1)(i), as amended by House Bill 21-1229, enacted in 2021,
does not apply to an association that includes time share units, as defined in section 38-33-110 (7).
(II) This paragraph (i) does not supersede any subdivision regulation of a
county, city and county, or other municipality.
(i.5) (I) The use of xeriscape, nonvegetative turf grass, or drought-tolerant or
nonvegetative landscapes to provide ground covering to property for which a unit owner is responsible, including a limited common element or property owned by the unit owner and any right-of-way or tree lawn that is the unit owner's responsibility to maintain. Associations may adopt and enforce design or aesthetic guidelines or rules that apply to drought-tolerant vegetative or nonvegetative landscapes or to vegetable gardens or that regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on property that is subject to the guidelines or rules; except that the guidelines or rules must:
(A) Not prohibit the use of nonvegetative turf grass in the backyard of a unit
owner's property;
(B) Not unreasonably require the use of hardscape on more than twenty
percent of the landscaping area of a unit owner's property;
(C) Allow a unit owner an option that consists of at least eighty percent
drought-tolerant plantings; and
(D) Not prohibit vegetable gardens in the front, back, or side yard of a unit
owner's property. As used in this subsection (1)(i.5), vegetable garden means a plot of ground or an elevated soil bed in which pollinator plants, flowers, or vegetables or herbs, fruits, leafy greens, or other edible plants are cultivated.
(II) For the purposes of this subsection (1)(i.5), each association shall select
at least three preplanned water-wise garden designs that are preapproved for installation in front yards within the common interest community. To be preapproved, a garden design must adhere to the principles of water-wise landscaping, as defined in section 37-60-135 (2)(l), which emphasize drought-tolerant and native plants, or be part of a water conservation program operated by a local water provider. Each garden design may be selected from the Colorado state university extension Plant Select organization's downloadable designs list or from a municipality, utility, or other entity that creates such garden designs. An association shall consider a unit owner's use of one of the garden designs selected by the association to be preapproved as complying with the association's aesthetic guidelines and shall allow a unit owner to use reasonable substitute plants when a plant in a design isn't available. Each association shall post on its public website, if any, information concerning preapprovals of garden designs.
(III) Except as described in subsection (1)(i.5)(IV) of this section, if an
association knowingly violates this subsection (1)(i.5), a unit owner who is affected by the violation may bring a civil action to restrain further violation and to recover up to a maximum of five hundred dollars or the unit owner's actual damages, whichever is greater.
(IV) Before a unit owner commences a civil action as described in subsection
(1)(i.5)(III) of this section, the unit owner shall notify the association in writing of the violation and allow the association forty-five days after receipt of the notice to cure the violation.
(V) Nothing in this subsection (1)(i.5) shall be construed to prohibit or restrict
the authority of associations to:
(A) Adopt bona fide safety requirements consistent with applicable
landscape codes or recognized safety standards for the protection of persons and property;
(B) Prohibit or restrict changes that interfere with the establishment and
maintenance of fire buffers or defensible spaces; or
(C) Prohibit or restrict changes to existing grading, drainage, or other
structural landscape elements necessary for the protection of persons and property.
(VI) Notwithstanding any provision of this section to the contrary, this
subsection (1)(i.5) applies only to a unit that is a single-family detached home and does not apply to:
(A) A unit that is a single-family attached home that shares one or more
walls with another unit; or
(B) A condominium.
(j) (I) The use of a rain barrel, as defined in section 37-96.5-102 (1), C.R.S., to
collect precipitation from a residential rooftop in accordance with section 37-96.5-103, C.R.S.
(II) This paragraph (j) does not confer upon a resident of a common interest
community the right to place a rain barrel on property or to connect a rain barrel to any property that is:
(A) Leased, except with permission of the lessor;
(B) A common element or a limited common element of a common interest
community;
(C) Maintained by the unit owners' association for a common interest
community; or
(D) Attached to one or more other units, except with permission of the
owners of the other units.
(III) A common interest community may impose reasonable aesthetic
requirements that govern the placement or external appearance of a rain barrel.
(k) (I) The operation of a family child care home, as defined in section 26.5-5-303, that is licensed pursuant to part 3 of article 5 of title 26.5.
(II) This subsection (1)(k) does not supersede any of the association's
regulations concerning architectural control, parking, landscaping, noise, or other matters not specific to the operation of a business per se. The association shall make reasonable accommodation for fencing requirements applicable to licensed family child care homes.
(III) This subsection (1)(k) does not apply to a community qualified as housing
for older persons under the federal Housing for Older Persons Act of 1995, as amended, Pub.L. 104-76.
(IV) The association may require the owner or operator of a family child care
home located in the common interest community to carry liability insurance, at reasonable levels determined by the association's executive board, providing coverage for any aspect of the operation of the family child care home for personal injury, death, damage to personal property, and damage to real property that occurs in or on the common elements, in the unit where the family child care home is located, or in any other unit located in the common interest community. The association shall be named as an additional insured on the liability insurance the family child care home is required to carry, and such insurance must be primary to any insurance the association is required to carry under the terms of the declaration.
(l) (I) The operation of a home-based business at a unit by the unit owner or a
resident of the unit with the unit owner's permission.
(II) The operation of a home-based business in a common interest community
must comply with, and an association may adopt and enforce, any reasonable and applicable rules and regulations governing architectural control, parking, landscaping, noise, nuisance, or other matters concerning the operation of a home-based business.
(III) The operation of a home-based business in a common interest
community must comply with any reasonable and applicable noise or nuisance ordinances or resolutions of the municipality or county where the common interest community is located.
(IV) As used in this subsection (1)(l), unless the context otherwise requires,
home-based business means a business for which the main office is located at, or the business operations primarily occur at, a unit.
(1.5) Notwithstanding any provision in the declaration, bylaws, or rules and
regulations of the association to the contrary, an association shall not effectively prohibit renewable energy generation devices, as defined in section 38-30-168.
(2) Notwithstanding any provision in the declaration, bylaws, or rules and
regulations of the association to the contrary, an association shall not require the use of cedar shakes or other flammable roofing materials.
(3) (a) Except as provided in subsection (3)(c) of this section, any provision in
the declaration, bylaws, or rules and regulations of an association on March 12, 2024, that prohibits the installation, use, or maintenance of fire-hardened building materials on a unit owner's property is void and unenforceable.
(b) On and after March 12, 2024, except as provided in subsection (3)(c) of
this section, an association shall not:
(I) Prohibit the installation, use, or maintenance of fire-hardened building
materials on a unit owner's property; or
(II) Adopt any provision in the declaration, bylaws, or rules and regulations of
the association that prohibits the installation, use, or maintenance of fire-hardened building materials on a unit owner's property.
(c) An association may develop standards that impose reasonable
restrictions on the design, dimensions, placement, or external appearance of fire-hardened building materials used for fencing so long as the standards do not:
(I) Increase the cost of the fencing by more than ten percent compared to
other fire-hardened building materials used for fencing; or
(II) Require a period of review and approval that exceeds sixty days after the
date on which the application for review is filed. If an application for installation of fire-hardened building materials for fencing is not denied or returned for modifications within sixty days after the application is filed, the application is deemed approved. The review process must be transparent and the basis for denial of an application must be described in reasonable detail and in writing. Denial of an application must not be arbitrary or capricious.
(d) Nothing in this subsection (3):
(I) Prohibits or restricts a unit owners' association from adopting bona fide
safety requirements that are consistent with applicable building codes or nationally recognized safety standards; or
(II) Confers upon a property owner the right to construct or place fire-hardened building materials on property that is:
(A) Owned by another person;
(B) Leased, except with permission of the lessor; or
(C) A limited common element or general common element of a common
interest community.
(e) As used in this subsection (3):
(I) Fire-hardened building materials means materials that meet:
(A) The criteria of ignition-resistant construction set forth in sections 504 to
506 of the most recent version of the International Wildland-Urban Interface Code;
(B) The criteria for construction in wildland areas set forth in the most recent
version of the NFPA standard 1140, Standard for Wildland Fire Protection, and the criteria for reducing structure ignition hazards from wildland fire set forth in the most recent version of the NFPA standard 1144, Reducing Structure Ignitions from Wildland Fire; or
(C) The requirements for a wildfire-prepared home established by the IBHS.
(II) IBHS means the Insurance Institute for Business and Home Safety or its
successor organization.
(III) NFPA means the National Fire Protection Association or its successor
organization.
(4) (a) In a subject jurisdiction or an accessory dwelling unit supportive
jurisdiction, no provision of a declaration, bylaw, or rule of an association that is adopted on or after May 13, 2024, may restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling in any way that is prohibited by section 29-35-403, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.
(b) In a subject jurisdiction or an accessory dwelling unit supportive
jurisdiction, no provision of a declaration, bylaw, or rule of an association that is adopted before May 13, 2024, may restrict the creation of an accessory dwelling unit as an accessory use to any single-unit detached dwelling in any way that is prohibited by section 29-35-403, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.
(c) Subsections (4)(a) and (4)(b) of this section do not apply to reasonable
restrictions on accessory dwelling units. As used in this subsection (4)(c), reasonable restriction means a substantive condition or requirement that does not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit consistent with part 4 of article 35 of title 29.
(d) As used in this subsection (4), unless the context otherwise requires:
(I) Accessory dwelling unit has the same meaning as set forth in section
29-35-402 (2).
(II) Accessory dwelling unit supportive jurisdiction has the same meaning
as set forth in section 29-35-402 (3).
(III) Subject jurisdiction has the same meaning as set forth in section 29-35-402 (21).
(5) (a) In a transit center or neighborhood center, an association shall not
adopt a provision of a declaration, bylaw, or rule on or after May 13, 2024, that restricts the development of housing more than the local law that applies within the transit center or neighborhood center, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.
(b) In a transit center or neighborhood center, no provision of a declaration,
bylaw, or rule of an association that is adopted before May 13, 2024, may restrict the development of housing more than the local law that applies within the transit center or neighborhood center, and any provision of a declaration, bylaw, or rule that includes such a restriction is void as a matter of public policy.
(c) As used in this subsection (5), unless the context otherwise requires:
(I) Local law has the same meaning as set forth in section 29-35-103 (12).
(II) Neighborhood center has the same meaning as set forth in section 29-35-202 (5).
(III) Transit center has the same meaning as set forth in section 29-35-202
(9).
(6) (a) An association shall not prohibit or restrict the construction of
accessory dwelling units or middle housing if the zoning laws of the local jurisdiction would otherwise allow such uses on a property. This subsection (6)(a) applies only to any declaration recorded on or after July 1, 2024, or in any bylaws or rules and regulations of the association adopted or amended on or after July 1, 2024, unless the declaration, bylaws, or rules and regulations contained such a restriction as of May 30, 2024.
(b) As used in this subsection (6), unless the context otherwise requires:
(I) Accessory dwelling unit means an internal, attached, or detached
dwelling unit that is located on the same lot as a proposed or existing primary residence.
(II) Middle housing means a residential structure or structures that include
between two and four separate dwelling units in a structure, a townhome building, or a cottage cluster of up to four units.
Source: L. 2005: Entire section added, p. 1373, � 2, effective June 6. L. 2006:
(1)(a), (1)(b), (1)(c), IP(1)(d), (1)(d)(II), (1)(d)(IV), and (1)(f) amended and (2) added, p. 1215, � 2, effective May 26. L. 2008: (1)(g) added, p. 556, � 1, effective July 1; (1.5) added, p. 620, � 3, effective August 5. L. 2009: (1)(h) added, (HB 09-1220), ch. 166, p. 732, � 1, effective August 5. L. 2013: (1)(i) added, (SB 13-183), ch. 187, p. 757, � 3, effective May 10. L. 2016: (1)(j) added, (HB 16-1005), ch. 161, p. 511, � 3, effective August 10. L. 2019: (1)(i)(I) amended, (HB 19-1050), ch. 25, p. 84, � 1, effective March 7; (1)(h)(II)(A) amended, (HB 19-1172), ch. 136, p. 1723, � 233, effective October 1. L. 2020: (1)(c.5) added, (HB 20-1200), ch. 188, p. 861, � 3, effective June 30; (1)(k) added, (SB 20-126), ch. 250, p. 1222, � 1, effective September 14. L. 2021: (1)(a) and (1)(c) amended and (1)(b) repealed, (SB 21-1310), ch. 415, p. 2766, � 1, effective September 7; (1)(i)(I) amended, (HB 21-1229), ch. 409, p. 2708, � 3, effective September 7. L. 2022: (1)(k)(I) amended, (HB 22-1295), ch. 123, p. 865, � 123, effective July 1; (1)(d.5) added, (HB 22-1139), ch. 156, p. 985, � 1, effective August 10. L. 2023: (1)(i)(I)(A) amended and (1)(i.5) added, (SB 23-178), ch. 207, p. 1072, � 1, effective August 7. L. 2024: (3) added, (HB 24-1091), ch. 24, p. 68, � 2, effective March 12; (4) added, (HB 24-1152), ch. 167, p. 832, � 6, effective May 13; (5) added, (HB 24-1313), ch. 168, p. 868, � 4, effective May 13; (6) added, (SB 24-174), ch. 290, p. 1974, � 4, effective May 30; (1)(l) added, (SB 24-134), ch. 107, p. 334, � 1, effective August 7.
38-33.3-106.7. Unreasonable restrictions on energy efficiency measures -
definitions. (1) (a) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not effectively prohibit the installation or use of an energy efficiency measure.
(b) As used in this section, energy efficiency measure means a device or
structure that reduces the amount of energy derived from fossil fuels that is consumed by a residence or business located on the real property. Energy efficiency measure is further limited to include only the following types of devices or structures:
(I) An awning, shutter, trellis, ramada, or other shade structure that is
marketed for the purpose of reducing energy consumption;
(II) A garage or attic fan and any associated vents or louvers;
(III) An evaporative cooler;
(IV) An energy-efficient outdoor lighting device, including without limitation
a light fixture containing a coiled or straight fluorescent light bulb, and any solar recharging panel, motion detector, or other equipment connected to the lighting device;
(V) A retractable clothesline; and
(VI) A heat pump system, as defined in section 39-26-732 (2)(c).
(2) Subsection (1) of this section shall not apply to:
(a) Reasonable aesthetic provisions that govern the dimensions, placement,
or external appearance of an energy efficiency measure. In creating reasonable aesthetic provisions, common interest communities shall consider:
(I) The impact on the purchase price and operating costs of the energy
efficiency measure;
(II) The impact on the performance of the energy efficiency measure; and
(III) The criteria contained in the governing documents of the common
interest community.
(b) Bona fide safety requirements, consistent with an applicable building
code or recognized safety standard, for the protection of persons and property.
(3) This section shall not be construed to confer upon any property owner
the right to place an energy efficiency measure on property that is:
(a) Owned by another person;
(b) Leased, except with permission of the lessor;
(c) Collateral for a commercial loan, except with permission of the secured
party; or
(d) A limited common element or general common element of a common
interest community.
Source: L. 2008: Entire section added, p. 618, � 2, effective August 5. L.
2021: (1)(b)(IV) and (1)(b)(V) amended and (1)(b)(VI) added, (SB 21-246), ch. 283, p. 1675, � 2, effective September 7. L. 2023: (1)(b)(VI) amended, (SB 23-016), ch. 165, p. 740, � 11, effective August 7.
Cross references: For the legislative declaration in SB 21-246, see section 1
of chapter 283, Session Laws of Colorado 2021.
38-33.3-106.8. Unreasonable restrictions on electric vehicle charging
systems and electric vehicle parking - legislative declaration - definitions. (1) The general assembly finds, determines, and declares that:
(a) The widespread use of plug-in electric vehicles can dramatically improve
energy efficiency and air quality for all Coloradans and should be encouraged wherever possible;
(b) Most homes in Colorado, including the vast majority of ne
C.R.S. § 38-35-102
38-35-102. When unacknowledged instruments prima facie evidence. (1) When an instrument, which by its terms constitutes a promise or obligation for the payment of money and also by its terms gives or creates or purports to give or to create a lien upon real estate as security for the payment of such money, at the time that such instrument has been filed for record in the office of the county clerk and recorder of the county in which said real estate is situate, irrespective of whether such recording is the original recording of such instrument or a recording of such instrument subsequent to its original recording, bears upon its face or upon its back an assignment, transfer, or endorsement thereof, such instrument and such assignment, transfer, or endorsement thereof or the recorded copy of such instrument and of such assignment, transfer, or endorsement thereof or a certified copy of the recorded copy of said instrument and of such assignment, transfer, or endorsement thereof certified by the county clerk and recorder shall be admissible in evidence as and shall constitute prima facie evidence of such transfer, assignment, or endorsement of such instrument from the person whose purported signature is affixed to such assignment, transfer, or endorsement to the person named in such assignment, transfer, or endorsement as the assignee, transferee, or endorsee of such instrument, irrespective of whether or not such assignment, transfer, or endorsement has been acknowledged in the manner provided by law for the acknowledgment of instruments relating to or affecting title to real property or acknowledged at all.
(2) The provisions of this section shall relate and apply to all of such
instruments which have been executed prior to May 4, 1937, as well as to all such instruments executed after said date, irrespective of whether said assignments, transfers, or endorsements were executed before or after May 4, 1937, and irrespective of whether such instruments and such assignments, transfers, and endorsements thereof were recorded before or after said date.
Source: L. 37: p. 479, � 2. CSA: C. 40, � 107(1). CRS 53: � 118-6-2. C.R.S.
1963: � 118-6-2.
C.R.S. § 38-35-115
38-35-115. Execution by foreign representative of instrument regarding real estate prior to filing certified copies of order of appointment. When, by statute in effect at the time of the execution by an executor, trustee, or other representative appointed by a court or tribunal of a state other than Colorado or of a territory of the United States or of a country beyond the limits of the United States of an instrument of conveyance or encumbrance or contract concerning real estate in Colorado in accordance with the powers conferred by a will, testament, or codicil admitted to probate by such court or tribunal, a certified copy or an exemplified copy of the letters testamentary or trusteeship issued by such court or tribunal under such will, testament, or codicil or of the order of appointment by such court or tribunal is required to be filed for record with the county clerk and recorder of the county wherein is situated such real estate, the filing for record with such county clerk and recorder of such certified copy or exemplified copy of letters or order after the execution of such instrument of conveyance or encumbrance or contract shall have the same force and effect that it would have had if it had been filed for record with such county clerk and recorder prior to the execution of such instrument of conveyance or encumbrance or contract, whether such instrument of conveyance or encumbrance or contract was executed before or after April 17, 1941, and whether such certified copy or exemplified copy was so filed for record before or after said date.
Source: L. 41: p. 605, � 3. CSA: C. 40, � 117(3). CRS 53: � 118-6-15. C.R.S.
1963: � 118-6-15.
C.R.S. § 38-35-124.5
38-35-124.5. Effect of written payoff statement. (1) Any person or entity providing closing and settlement services for a real estate transaction and to whom a payoff statement is addressed shall be entitled to reasonably rely on the amounts that are set forth in such payoff statement for the time frame set forth therein and shall not be liable to the creditor or holder of the indebtedness or its agent for any omitted amounts, unless a written amendment is received by such person or entity prior to the closing of the transaction. Upon payment to the creditor or holder of the amounts stated in the written payoff statement, as may be amended, such creditor or holder shall be required to comply with the release provisions of section 38-35-124.
(2) Any creditor or holder of the indebtedness who fails to comply with the
release provisions of section 38-35-124 as required by subsection (1) of this section shall be liable to those persons or entities to whom the written payoff statement was addressed for any actual economic loss suffered by such persons or entities, including reasonable attorney fees and costs in enforcing the provisions of this section.
(3) Notwithstanding the provisions of this section, in the event of an error in
the written payoff statement provided by a creditor or holder of the indebtedness or its agent, the creditor shall retain any remedies, legal or equitable, to collect directly against the obligor any unsecured additional amounts determined to be outstanding.
Source: L. 2002: Entire section added, p. 1332, � 3, effective July 1.
C.R.S. § 38-35-125
38-35-125. Closing and settlement services - disbursement of funds - deceptive trade practice - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Available for immediate withdrawal as a matter of right includes funds
transferred by any of the following means:
(I) A wire transfer made through a funds-transfer service operated by the
federal reserve or the Clearing House Payments Company;
(II) A certified check, cashier's check, teller's check, or any other instrument
as defined by federal regulation CC, 12 CFR 229.10 (c); and
(III) A real-time or an instant payment made through a funds-transfer service
operated by the federal reserve or the Clearing House Payments Company's real-time payments system.
(a.5) Closing and settlement services means those services which benefit
the parties to the sale, lease, encumbrance, mortgage, or creation of a secured interest in and to real property and the receipt and disbursement of money in connection with any sale, lease, encumbrance, mortgage, or deed of trust.
(b) Financial institution means an entity that is authorized under the laws
of this state, another state, or the United States to make loans and receive deposits and has its deposits insured by the federal deposit insurance corporation or its successor or the national credit union share insurance fund.
(c) (Deleted by amendment, L. 2004, p. 1206, � 83, effective August 4, 2004.)
(2) No person or entity that provides closing and settlement services for a
real estate transaction shall disburse funds as a part of such services until those funds have been received and are either: Available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited; or available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. Any such agreement shall be made with or for the benefit of the person or entity providing closing and settlement services for a real estate transaction. Notwithstanding the provisions of this subsection (2), the person or entity providing closing and settlement services may advance funds, not to exceed five hundred dollars, on behalf of interested parties for the transaction to pay incidental fees for such items as tax certificates and recording costs or to cover minor changes in the closing adjustments.
(3) The requirements of subsection (2) of this section may be waived by the
seller in the real estate transaction if:
(a) It is specified as part of written closing instructions in advance of closing
that the seller waives the requirements set forth in subsection (2) of this section and that the person or entity conducting the closing, unless such person or entity is the seller, is not to handle the receipt and disbursement of funds as part of the closing; and
(b) Any holder of a lien encumbering the property up to the time of closing
agrees, in writing, to such waiver and further agrees, in writing, to release such lien immediately upon receipt of a check from the closing drawn in the amount of the outstanding indebtedness secured by such lien. Such an agreement shall obligate the lienholder to release such lien regardless of whether the payoff check received has been or will be honored.
(4) Any seller who so requests as part of written closing instructions in
advance of closing shall be entitled to receive the proceeds of closing in a cashier's check or in funds electronically transferred to an account specified by the seller.
(5) Failure to comply with the provisions of this section shall be deemed a
deceptive trade practice, as provided in section 6-1-105 (1)(v), C.R.S., and the attorney general or a district attorney may apply to the appropriate district court of this state for an order to effect the purposes of this section.
Source: L. 88: Entire section added, p. 1259, � 1, effective July 1. L. 89: (1)(c)
added, p. 1445, � 1, effective April 6. L. 2004: (1)(b) amended, p. 156, � 73, effective July 1; (1) amended, p. 1206, � 83, effective August 4. L. 2025: (1)(a) amended, (SB 25-016), ch. 26, p. 153, � 1, effective August 6.
Editor's note: (1) Amendments to subsection (1) by Senate Bill 04-239 and
House Bill 04-1126 were harmonized.
(2) Section 2(2) of chapter 26 (SB 25-016), Session Laws of Colorado 2025,
provides that the act changing this section applies to real estate transactions occurring on or after August 6, 2025.
C.R.S. § 38-35-126
38-35-126. Contract for deed - escrow of tax moneys - written notice. (1) (a) Parties entering into a contract for deed to real property shall designate the public trustee of the county where the real property is located to act as escrow agent for moneys paid or to be paid by the purchaser to meet the property tax obligations on the real property, including the seller's credit at closing for the current year's property taxes and periodic property tax payments, which the contract shall provide will be made monthly by the purchaser to the public trustee. The purchaser shall be responsible for payment to the public trustee of the escrow fee pursuant to section 38-37-104 (1)(d). Once each year during the month of April, upon notice from the county treasurer, the public trustee shall, to the extent funds are on deposit in the escrow account, transfer sufficient funds from the escrow account to the county treasurer for payment of property taxes on the real property for the prior taxable year. The public trustee shall continue as escrow agent for tax moneys collected on the real property until the deed to the real property is delivered to the purchaser and recorded. At the time of delivery, the public trustee shall release to the purchaser any moneys remaining in the escrow account and the receipts for all property taxes paid on the property by the public trustee. If the public trustee determines that the escrow is no longer necessary, the public trustee may terminate the escrow account. The public trustee shall notify the county treasurer of the termination and shall transfer any moneys held in escrow to the county treasurer for payment of property taxes in accordance with section 39-10-104.5, C.R.S. Any amount so transferred by the public trustee shall be subtracted from the amount of property tax payable on the real property at the time annual property taxes for the current or subsequent taxable years are due. Upon termination of the escrow account, any amount not accepted by the county treasurer upon transfer shall be returned by the public trustee to the person holding title to the real property that is the subject of the contract for deed to real property.
(b) For the purposes of this section, a contract for deed to real property
means a contract for the sale of real property which provides that the purchaser shall assume possession of the real property and the rights and responsibilities of ownership of the real property but that the deed to such real property will not be delivered to the purchaser for at least one hundred eighty days following the latest execution date on the contract for deed to real property and not until the purchaser has met certain conditions such as payment of the full contract price or a specified portion thereof. Contract for deed to real property includes installment land contracts.
(c) The public trustee shall deposit tax moneys received pursuant to the
provisions of paragraph (a) of this subsection (1) in an escrow account opened for such purpose in one or more financial institutions which are in compliance with and qualified and defined in article 10.5 of title 11, C.R.S. Moneys from more than one transaction may be commingled in one account, to be accounted for separately. If the escrow account opened by the public trustee under the provisions of this subsection (1) bears interest, such interest shall be retained by the public trustee to defray expenses arising from the administration of such escrow account.
(d) A public trustee may designate an alternate to act as escrow agent on
any contract for deed to real property in which the public trustee is designated as escrow agent pursuant to the provisions of this section; except that such alternate shall not be a party to the contract for deed to real property. Such designation shall be made by sending written notification of such designation to the parties to such contract and to the county treasurer. Such notice shall include the name and legal address of the designated alternate and the date such designated alternate shall assume the duties of escrow agent. Such designated alternate shall have all of the duties and powers of the public trustee to act as escrow agent on a contract for deed to real property as stated in this section. In the event that the public trustee designates an alternate to serve as escrow agent, the purchaser shall pay to the designated alternate the escrow fee as stated in paragraph (a) of this subsection (1).
(2) Within ninety days of executing and delivering a contract for deed to real
property, the seller shall file with the county treasurer of the county wherein the real property is located a written notice of transfer by contract for deed to real property. Such notice shall not operate to convey title. Such notice shall include the name and legal address of the seller, the name and legal address of the purchaser, a legal description of the real property, the date upon which the contract for deed to real property was executed and delivered, and the date or conditions upon which the deed to the real property will be delivered to the purchaser, absent default. In addition, within ninety days of executing and delivering the contract for deed to real property, the seller shall file a real estate transfer declaration with the county assessor of the county wherein the property is located, pursuant to the provisions of section 39-14-102, C.R.S.
(3) The buyer shall have the option of voiding any contract for deed to real
property which fails to designate the public trustee as escrow agent for deposit of property tax moneys or for which no written notice is filed with the county treasurer's office or the county assessor's office. Upon voidance of such contract, the buyer shall be entitled to the return of all payments made on the contract, with statutory interest as defined in section 5-12-102, C.R.S., and reasonable attorney fees and costs. This avoidance right shall expire on the date seven years after the latest execution date on the contract for deed to real property unless exercised prior to such date.
(4) The provisions of subsections (1) and (3) of this section shall not apply to
the parties to a contract for deed to real property so long as the seller complies with the requirements of subsection (2) of this section, so long as the real property which is the subject of such contract for deed to real property is not subdivided into parcels which are smaller than one acre, and so long as the seller pays the annual property tax obligations on the real property which is the subject of such contract for deed to real property or submits a bond or an irrevocable letter of credit in the amount of the taxes due on such real property to the county treasurer, either of which shall be immediately payable to such county treasurer upon default. Payment of such property taxes or submittal of such bond or irrevocable letter of credit shall be made within thirty days of mailing of the notice of taxes due from the county treasurer and prior to seeking reimbursement from the purchaser.
(5) Repealed.
Source: L. 92: Entire section added, p. 2098, � 1, effective July 1. L. 93: (4)
added, p. 509, � 1, effective April 26; (5) added, p. 1743, � 1, effective July 1. L. 94: (5) repealed, p. 1645, � 78, effective May 31. L. 2006: (1)(a) amended, p. 1479, � 36, effective January 1, 2008.
Editor's note: The effective date for amendments made to subsection (1)(a)
by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
C.R.S. § 38-35-127
38-35-127. Unenforceability of prospective residential transfer fee covenants - notice requirements for existing residential transfer fee covenants - written statement of transfer fee payable - affidavit - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that:
(a) The public policy of this state favors the transferability and marketability
of interests in residential real property free from unreasonable restraints on alienation and covenants or servitudes that do not touch and concern the residential real property; and
(b) A transfer fee covenant as applied to residential real property violates
this public policy by impairing the transferability and marketability of title to affected residential real property and constitutes an unreasonable restraint on alienation, regardless of the duration of the transfer fee covenant or the amount of the transfer fee set forth in the transfer fee covenant.
(2) As used in this section, unless the context otherwise requires:
(a) Conveyance means the sale, gift, conveyance, assignment, inheritance,
or other transfer of an ownership interest in residential real property located in this state either upon which there are residential improvements or upon which the construction of residential improvements has commenced.
(b) Excluded provision means any one of the following:
(I) Any provision of a purchase contract, option, mortgage, deed of trust,
security agreement, agreement engaging a real estate broker for brokerage services, lease, or other agreement that obligates one party to the agreement to pay the other, as full or partial consideration for the agreement or for a waiver of rights under the agreement, an amount determined under the agreement, if the amount constitutes:
(A) Principal, interest, charges, fees, or other amounts to the extent payable
by a borrower to a lender, including seller carry-back financing, pursuant to a loan secured by a mortgage, deed of trust, or other security agreement encumbering residential real property, including, without limitation, any fee payable to the lender for consenting to an assumption of the loan or a conveyance subject to the security agreement, any fees or charges payable to the lender for estoppel letters or certificates, and any shared appreciation interest or profit participation or other consideration payable to the lender in connection with the loan;
(B) Compensation or expense reimbursement paid to a licensed real estate
broker for brokerage services rendered in connection with the conveyance for which the compensation is earned or a one-time fee paid to a closing agent, title insurance company, property management company, management company for an association of unit owners, mortgage loan originator, mortgage broker, or other party for services rendered in connection with the conveyance for which the fee is earned; or
(C) Any rent, reimbursement, charge, fee, or other amount to the extent
payable by a lessee to a lessor under a lease, including, without limitation, any fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease;
(II) Any provision in a deed, memorandum, short form, or other document
recorded for the purpose of providing record notice of an agreement described in subparagraph (I) of this paragraph (b);
(III) To the extent permitted by law, any provision in a document imposing a
tax, fee, charge, assessment, fine, or other amount, to the extent payable to or imposed, directly or indirectly, by a governmental authority or a quasi-governmental entity or to such authority's or entity's successors and assigns, and including, without limitation, an amount imposed by any owner of residential real property as the declarant pursuant to a recorded declaration of transfer fee covenants that assigns or otherwise designates the right to receive and utilize the proceeds of such transfer fee to a governmental authority or quasi-governmental entity, or to such authority's or entity's successors and assigns, including any bond trustee or lender with respect to financing transactions of such authority or entity;
(IV) Any provision in a recorded document, regardless of whether the
document is recorded before, on, or after May 23, 2011, requiring payment of a fee, charge, assessment, fine, or other amount only to the extent payable to or collected by an association of unit owners, homeowners, property owners, condominium owners, or similar mandatory membership organization, including a cooperative, mobile home, time share unit, or common interest community association;
(V) Any provision in a document requiring payment of a fee, charge,
assessment, dues, contribution, or other amount, only to the extent payable to an organization described in section 501 (c)(3), 501 (c)(4), or 501 (c)(7) of the federal Internal Revenue Code of 1986, as amended, for the purpose of benefiting the community in which the affected real property is located, the common areas of the community, or any adjacent or contiguous real property and supporting activities such as cultural, educational, charitable, affordable housing, preservation of open space, recreational, transportation, environmental, conservation, or similar activities;
(VI) Any provision in a document requiring payment of an amount to the
extent required pursuant to a recorded covenant or servitude that imposes limitations on the use of residential real property pursuant to an environmental remediation project pertaining to such property; or
(VII) Any provision in a recorded deed, memorandum, short form, or other
recorded document requiring payment of an amount that, once paid, shall not bind any successor in title to the interest in residential real property and that shall in no event be payable by a grantee upon the conveyance of residential real property upon which there are residential improvements.
(c) Payee means the person, entity, or organization, or their successors and
assigns, specified in the transfer fee covenant to which a transfer fee is to be paid.
(d) Residential improvements shall have the same meaning as set forth in
section 39-1-102 (14.3), C.R.S.
(e) Residential real property shall have the same meaning as set forth in
section 39-1-102 (14.5), C.R.S.
(f) Time share unit shall have the same meaning as set forth in section 38-33-110 (7).
(g) Transfer fee means a fee or charge required to be paid by a transfer fee
covenant, any portion of which is payable upon conveyance or payable for the right to make or accept such conveyance, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the residential real property, the purchase price, or any other form of consideration given for the conveyance.
(h) Transfer fee covenant means a provision in a document, whether
recorded or not and however denominated, that requires or purports to require the payment of a transfer fee, or part of a transfer fee, to a payee. A transfer fee covenant shall not include, nor shall this section apply to, an excluded provision.
(3) (a) Any transfer fee covenant recorded on or after May 23, 2011, or any
lien recorded on or after May 23, 2011, to the extent that it purports to secure the payment of a transfer fee, shall not, upon conveyance, be binding on or enforceable against the affected real property or be payable for the right to make or accept such conveyance, nor shall such covenant or lien be binding on or enforceable against any subsequent owner, purchaser, or holder of any mortgage, deed of trust, or other security interest encumbering the affected real property.
(b) Any person who records, or causes or suffers to be recorded, a transfer
fee covenant on or after May 23, 2011, and fails to release such covenant and any lien purporting to secure the payment of a transfer fee within thirty days after written request for the release is sent to the last-known address of the payee as specified in the transfer fee covenant personally or by certified mail, first-class postage prepaid, return receipt requested, shall be liable for all of the following:
(I) Any actual damages resulting from the imposition of the transfer fee
covenant on a conveyance, including the amount of any transfer fee paid by a party to the conveyance; and
(II) All reasonable actual attorney fees, expenses, and costs incurred by a
party to the conveyance or by a holder of a mortgage, deed of trust, or other security interest encumbering the residential real property subject to the transfer fee covenant in connection with an action to:
(A) Recover a transfer fee paid;
(B) Quiet title to the residential real property burdened by the transfer fee
covenant; or
(C) Show cause why the transfer fee covenant, or any lien purporting to
secure the payment of a transfer fee, should not be declared invalid.
(4) (a) In the case of any transfer fee covenant, or any amendment to such
covenant, recorded prior to May 23, 2011, the payee, as a condition of payment of the transfer fee, shall record against the residential real property burdened by the transfer fee covenant, in the office of the county clerk and recorder for the county in which the residential real property is situated, not later than October 1, 2011, a notice of transfer fee.
(b) The notice of transfer fee required by paragraph (a) of this subsection (4)
shall:
(I) Be entitled notice of transfer fee, which title shall be in at least
fourteen-point boldface type;
(II) Specify the amount of the transfer fee if the transfer fee is a flat amount
or the percentage of the sales price constituting the transfer fee if the transfer fee is determined as a percentage of the value of the residential real property, or such other basis by which the transfer fee is to be calculated;
(III) Provide actual cost examples of the transfer fee for a home priced at two
hundred fifty thousand dollars, a home priced at five hundred thousand dollars, and a home priced at seven hundred fifty thousand dollars;
(IV) Specify the date or circumstances under which the transfer fee payment
requirement expires, if any;
(V) Describe the general purpose for which the moneys from the transfer fee
will be used;
(VI) Identify the name of the payee and specific contact information for the
payee, including mailing address, regarding where the moneys are to be sent;
(VII) Contain the acknowledged signature of the payee;
(VIII) Identify the name of the owner and the legal description of the
residential real property burdened by the transfer fee covenant, as disclosed by the records of the county clerk and recorder; and
(IX) Specify the method of releasing any lien recorded against the residential
real property pursuant to the transfer fee covenant.
(c) The payee may file an amendment to the notice of transfer fee containing
new contact information, and such amendment shall contain the recording information of the notice of transfer fee that it amends, the name of the owner, and the legal description of the residential real property burdened by the transfer fee covenant as contained in the records of the county clerk and recorder at the time of the recording of the amendment.
(d) The office of the county clerk and recorder shall index the notice of
transfer fee under the names of the persons, entities, or organizations identified in paragraph (b) of this subsection (4) or as such names may be identified in a notice that has been amended under paragraph (c) of this subsection (4). The office of the county clerk and recorder shall not be required to examine any other information contained in the notice of transfer fee or any amendment to such notice.
(5) If the payee fails to comply fully with paragraph (a) or (b) of subsection
(4) of this section, the grantor of any residential real property burdened by the transfer fee covenant may proceed with the conveyance to any grantee and in doing so shall be deemed to have acted in good faith and shall not be subject to any obligations under the transfer fee covenant. All conveyances thereafter shall be free and clear of any such transfer fee and transfer fee covenant.
(6) (a) Upon written request made by the owner, or the owner's designee,
delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the payee's address shown on the notice of transfer fee or any amendment to the notice, the payee shall furnish to the owner or the owner's designee a written statement specifying the amount of the transfer fee payable. If the payee fails to provide such statement within thirty days after the date a written request for the same is sent to the address shown in the notice of transfer fee in order to obtain a release of such fee, then the owner or the owner's designee, on recording of the affidavit required under subparagraph (I) of paragraph (b) of this subsection (6), may convey any interest in the residential real property to any grantee without payment of the transfer fee and such conveyance shall not be subject to the transfer fee and transfer fee covenant.
(b) (I) An affidavit, executed under penalty of perjury, stating the facts
specified under paragraph (a) of this subsection (6) and containing, at a minimum, the information set out in subparagraph (III) of this paragraph (b), and made by one or more persons, if applicable, who has actual knowledge of, and is competent to testify in a court of competent jurisdiction about, the facts in such affidavit, shall be recorded prior to, simultaneously with, or within forty-five days after a deed or other instrument conveying the interest in the residential real property burdened by the transfer fee covenant is recorded in the office of the county clerk and recorder in the county in which the residential real property is situated.
(II) When recorded, an affidavit as described in subparagraph (I) of this
paragraph (b) shall constitute prima facie evidence that:
(A) A request for the written statement of the transfer fee payable in order
to obtain a release of the fee imposed by the transfer fee covenant was sent to the address shown in the notice of transfer fee or in any amendment to such notice; and
(B) The payee failed to provide the written statement of the transfer fee
payable within thirty days of the date of the notice sent to the address shown in the notice of transfer fee or in any amendment to such notice.
(III) An affidavit filed under subparagraph (I) of this paragraph (b) shall state
that the affiant has actual knowledge of, and is competent to testify to, the facts in the affidavit and shall include the legal description of the residential real property burdened by the transfer fee covenant; the name of the person appearing who is on record as the owner of such residential real property at the time of the signing of such affidavit; the name of the grantee of the conveyance to be recorded; a reference, by recording information, to the instrument of record containing the transfer fee covenant; and an acknowledgment that the affiant is testifying under penalty of perjury.
(IV) The office of the county clerk and recorder shall index the affidavit in
the name of the record owner shown therein.
(V) In no event shall the liability of the affiant to any payee for nonpayment
of the transfer fee exceed the amount stated in the notice of transfer fee covenant for that particular conveyance; except that nothing in this section shall confer any liability upon any person or title company, or any agent or employee of such company, that executes an affidavit on request of any grantor when the person or title company has actual knowledge of some or all of the matters contained in the affidavit, unless that person or title company is proven to have acted in bad faith or with gross negligence.
(7) Notwithstanding any other provision contained in the transfer fee
covenant, any notice given under this section shall be sent to the last-known address of the payee as specified in the notice of transfer fee or in any amendment to the notice.
(8) Notwithstanding any other provision of this section, subsections (4), (5),
and (6) of this section shall not apply to a nonprofit organization formed prior to May 23, 2011, that is either described in section 501 (c)(3), 501 (c)(4), or 501 (c)(7) of the federal Internal Revenue Code of 1986, as amended, or that is organized in accordance with the provisions of article 30 of title 7, C.R.S., article 40 of title 7, C.R.S., or articles 121 to 137 of title 7, C.R.S., and that is a payee under a transfer fee covenant recorded prior to May 23, 2011.
(9) This section shall not be construed to imply that any transfer fee
covenant or excluded provision is valid or enforceable solely as the result of the enactment of this section.
Source: L. 2011: Entire section added, (SB 11-234), ch. 198, p. 822, � 1,
effective May 23.
PART 2
SPURIOUS LIENS AND DOCUMENTS
C.R.S. § 38-35-204
38-35-204. Order to show cause. (1) Any person whose real or personal property is affected by a recorded or filed lien or document that the person believes is a spurious lien or spurious document may petition the district court in the county or city and county in which the lien or document was recorded or filed or the federal district court in Colorado for an order to show cause why the lien or document should not be declared invalid. The petition shall set forth a concise statement of the facts upon which the petition is based and shall be supported by an affidavit of the petitioner or the petitioner's attorney. The order to show cause may be granted ex parte and shall:
(a) Direct any lien claimant and any person who recorded or filed the lien or
document to appear as respondent before the court at a time and place certain not less than fourteen days nor more than twenty-one days after service of the order to show cause why the lien or document should not be declared invalid and why such other relief provided for by this section should not be granted;
(b) State that, if the respondent fails to appear at the time and place
specified, the spurious lien or spurious document will be declared invalid and released; and
(c) State that the court shall award costs, including reasonable attorney
fees, to the prevailing party.
(2) If, following the hearing on the order to show cause, the court determines
that the lien or document is a spurious lien or spurious document, the court shall make findings of fact and enter an order and decree declaring the spurious lien or spurious document and any related notice of lis pendens invalid, releasing the recorded or filed spurious lien or spurious document, and entering a monetary judgment in the amount of the petitioner's costs, including reasonable attorney fees, against any respondent and in favor of the petitioner. A certified copy of such order may be recorded or filed in the office of any state or local official or employee, including the clerk and recorder of any county or city and county and the Colorado secretary of state.
(3) If, following the hearing on the order to show cause, the court determines
that the lien or document is not a spurious lien or spurious document, the court shall issue an order so finding and enter a monetary judgment in the amount of any respondent's costs, including reasonable attorney fees, against any petitioner and in favor of the respondent.
Source: L. 97: Entire part added, p. 37, � 1, effective March 20. L. 2012: (1)(a)
amended, (SB 12-175), ch. 208, p. 895, � 170, effective July 1.
Editor's note: Section 38-22.5-110 states that this section applies to liens
asserted pursuant to article 22.5 of this title.
ARTICLE 35.5
Nondisclosure of Information Psychologically
Impacting Real Property
38-35.5-101. Circumstances psychologically impacting real property - no
duty for broker or salesperson to disclose. (1) Facts or suspicions regarding circumstances occurring on a parcel of property which could psychologically impact or stigmatize such property are not material facts subject to a disclosure requirement in a real estate transaction. Such facts or suspicions include, but are not limited to, the following:
(a) That an occupant of real property is, or was at any time suspected to be,
infected or has been infected with human immunodeficiency virus (HIV) or diagnosed with acquired immune deficiency syndrome (AIDS), or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
(b) That the property was the site of a homicide or other felony or of a
suicide.
(2) No cause of action shall arise against a real estate broker or salesperson
for failing to disclose such circumstance occurring on the property which might psychologically impact or stigmatize such property.
Source: L. 91: Entire article added, p. 1636, � 20, effective July 1.
ARTICLE 35.7
Disclosures Required in Connection with
Conveyances of Residential Real Property
38-35.7-101. Disclosure - special taxing districts - general obligation
indebtedness. (1) Every contract for the purchase and sale of residential real property shall contain a disclosure statement in bold-faced type which is clearly legible and in substantially the following form:
SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
(2) The obligation to provide the disclosure set forth in subsection (1) of this
section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for all damages to the purchaser resulting from such failure plus court costs.
Source: L. 92: Entire article added, p. 995, � 4, effective July 1. L. 2009: (1)
amended, (SB 09-087), ch. 325, p. 1735, � 7, effective July 1.
38-35.7-102. Disclosure - common interest community - obligation to pay
assessments - requirement for architectural approval. (1) On and after January 1, 2007, every contract for the purchase and sale of residential real property in a common interest community shall contain a disclosure statement in bold-faced type that is clearly legible and in substantially the following form:
THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.
(2) (a) The obligation to provide the disclosure set forth in subsection (1) of
this section shall be upon the seller, and, in the event of the failure by the seller to provide the written disclosure described in subsection (1) of this section, the purchaser shall have a claim for relief against the seller for actual damages directly and proximately caused by such failure plus court costs. It shall be an affirmative defense to any claim for damages brought under this section that the purchaser had actual or constructive knowledge of the facts and information required to be disclosed.
(b) Upon request, the seller shall either provide to the buyer or authorize the
unit owners' association to provide to the buyer, upon payment of the association's usual fee pursuant to section 38-33.3-317 (4), all of the common interest community's governing documents and financial documents, as listed in the most recent available version of the contract to buy and sell real estate promulgated by the real estate commission as of the date of the contract.
(3) This section shall not apply to the sale of a unit that is a time share unit,
as defined in section 38-33-110 (7).
Source: L. 2005: Entire section added, p. 1389, � 19, effective January 1,
-
L. 2006: Entire section R&RE, p. 1225, � 15, effective May 26. L. 2012: (2)(b) amended, (HB 12-1237), ch. 232, p. 1019, � 2, effective January 1, 2013.
38-35.7-103. Disclosure - methamphetamine laboratory. (1) A buyer of residential real property has the right to test the property for the purpose of determining whether the property has ever been used as a methamphetamine laboratory.
(2) (a) Tests conducted pursuant to this section shall be performed by a certified industrial hygienist or industrial hygienist, as those terms are defined in section 24-30-1402, C.R.S., and in accordance with the procedures and standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S. If the buyer's test results indicate that the property has been contaminated with methamphetamine or other contaminants for which standards have been established pursuant to section 25-18.5-102, C.R.S., and has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., the buyer shall promptly give written notice to the seller of the results of the test, and the buyer may terminate the contract. The contract shall not limit the rights to test the property or to cancel the contract based upon the result of the tests.
(b) The seller shall have thirty days after receipt of the notice to conduct a second independent test. If the seller's test results indicate that the property has been used as a methamphetamine laboratory but has not been remediated to meet the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S., then the second independent hygienist shall so notify the seller.
(c) If the seller receives a notice under this subsection (2) and does not elect to have the property retested under this subsection (2), then an illegal drug laboratory used to manufacture methamphetamine has been discovered. Nothing in this section prohibits a buyer from purchasing the property and assuming liability under section 25-18.5-103, C.R.S., if, on the date of closing, the buyer provides notice to the department of public health and environment and governing body of the purchase and assumption of liability and if the remediation required by section 25-18.5-103, C.R.S., is completed within ninety days after the date of closing.
(3) (a) Except as specified in subsection (4) of this section, the seller shall disclose in writing to the buyer whether the seller knows that the property was previously used as a methamphetamine laboratory.
(b) A seller who fails to make a disclosure required by this section at or before the time of sale and who knew of methamphetamine production on the property is liable to the buyer for:
(I) Costs relating to remediation of the property according to the standards established by rules of the state board of health promulgated pursuant to section 25-18.5-102, C.R.S.;
(II) Costs relating to health-related injuries occurring after the sale to residents of the property caused by methamphetamine production on the property; and
(III) Reasonable attorney fees for collection of costs from the seller.
(c) A buyer shall commence an action under this subsection (3) within three years after the date on which the buyer closed the purchase of the property where the methamphetamine production occurred.
(4) If the seller becomes aware that the property was an illegal methamphetamine drug laboratory, remediates the property in accordance with the standards established pursuant to section 25-18.5-102, and receives certificates of compliance under section 25-18.5-102 (1)(e), then:
(a) The seller is not required to disclose that the property was used as an illegal methamphetamine drug laboratory to a buyer; and
(b) Five years after the later date on the certificates of compliance issued pursuant to section 25-18.5-102 (1)(e), the property is no longer included in the database listing properties that have been used as an illegal methamphetamine drug laboratory in accordance with section 25-18.5-106 (2).
(5) For purposes of this section, residential real property or property includes a manufactured home; mobile home; condominium; townhome; home sold by the owner, a financial institution, or the federal department of housing and urban development; rental property, including an apartment; and short-term residence such as a motel or hotel.
Source: L. 2006: Entire section added, p. 712, � 1, effective January 1, 2007. L. 2009: (2)(a) amended, (SB 09-060), ch. 140, p. 601, � 3, effective April 20. L. 2013: (2)(c) and (4) amended, (SB 13-219), ch. 293, p. 1570, � 2, effective August 7. L. 2023: (4) and (5) amended, (SB 23-148), ch. 326, p. 1958, � 5, effective August 7.
38-35.7-104. Disclosure of potable water source - rules. (1) (a) (I) By January 1, 2008, the real estate commission created in section 12-10-206 shall, by rule, require each listing contract, contract of sale, or seller's property disclosure for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the source of potable water for the property, which disclosure shall include substantially the following information:
THE SOURCE OF POTABLE WATER FOR THIS REAL ESTATE IS:
A WELL;
A WATER PROVIDER, WHICH CAN BE CONTACTED AS FOLLOWS:
NAME:
ADDRESS:
WEB SITE:
TELEPHONE:
NEITHER A WELL NOR A WATER PROVIDER. THE SOURCE IS [DESCRIBE]:
SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUNDWATER. YOU MAY WISH TO CONTACT YOUR PROVIDER TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
(II) On and after January 1, 2008, each listing contract, contract of sale, or
seller's property disclosure for residential real property that is not subject to the real estate commission's jurisdiction pursuant to article 10 of title 12 shall contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in subsection (1)(a)(I) of this section.
(b) If the disclosure statement required by paragraph (a) of this subsection
(1) indicates that the source of potable water is a well, the seller shall also provide with such disclosure a copy of the current well permit if one is available.
(2) The obligation to provide the disclosure set forth in subsection (1) of this
section shall be upon the seller. If the seller complies with this section, the purchaser shall not have any claim under this section for relief against the seller or any person licensed pursuant to article 10 of title 12 for any damages to the purchaser resulting from an alleged inadequacy of the property's source of water. Nothing in this section shall affect any remedy that the purchaser may otherwise have against the seller.
(3) For purposes of this section, residential real property means residential
land and residential improvements, as those terms are defined in section 39-1-102, C.R.S., but does not include hotels and motels, as those terms are defined in section 39-1-102, C.R.S.; except that a mobile home and a manufactured home, as those terms are defined in section 39-1-102, C.R.S., shall be deemed to be residential real property only if the mobile home or manufactured home is permanently affixed to a foundation.
Source: L. 2007: Entire section added, p. 853, � 1, effective August 3. L.
2019: (1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1724, � 236, effective October 1.
38-35.7-105. Disclosure of transportation projects - rules. No later than
January 1, 2009, the real estate commission created in section 12-10-206 shall, by rule, require each seller's property disclosure for real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the existence of any proposed or existing transportation project that affects or is expected to affect the real property.
Source: L. 2008: Entire section added, p. 1713, � 10, effective June 2. L. 2019:
Entire section amended, (HB 19-1172), ch. 136, p. 1725, � 237, effective October 1.
38-35.7-106. Solar prewire option - solar consultation. (1) (a) Every person
that builds a new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to have each of the following options included in the residence's electrical system or plumbing system, or both:
(I) A residential photovoltaic solar generation system or a residential solar
thermal system, or both;
(II) Upgrades of wiring or plumbing, or both, planned by the builder to
accommodate future installation of such systems; and
(III) A chase or conduit, or both, constructed to allow ease of future
installation of the necessary wiring or plumbing for such systems.
(b) The offer required by subsection (1)(a) of this section must be made in
accordance with the builder's construction schedule for the residence.
(2) Every person that builds a new single-family detached residence for sale,
whether or not the residence has been prewired for a photovoltaic solar generation system, shall provide to every buyer under contract a list of businesses in the area that offer residential solar installation services so that the buyer, if he or she so desires, can obtain expert help in assessing whether the residence is a good candidate for solar installation and how much of a cost savings a residential photovoltaic solar generation system could provide. The list of businesses shall be derived from a master list of Colorado solar installers maintained by the Colorado solar energy industries association, or a successor organization.
(3) Repealed.
(4) Providing the master list of solar installers prepared by the Colorado
solar energy industries association, or a successor organization, to a buyer under contract shall not constitute an endorsement of any installer or contractor listed. A person that builds a new single-family detached residence shall not be liable for any advice, labor, or materials provided to the buyer by a third-party solar installer.
(5) Repealed.
(6) Nothing in this section shall preclude a person that builds a new single-family detached residence from:
(a) Subjecting solar photovoltaic electrical system upgrades to the same
terms and conditions as other upgrades, including but not limited to charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;
(b) Selecting the contractors that will complete the installation of solar
photovoltaic electrical system upgrades;
(c) Stipulating in the purchase agreement or sales contract that solar
photovoltaic electrical system upgrades are based on technology available at the time of installation and such upgrades may not support all solar photovoltaic systems or systems installed at a future date, and that the person that builds a new single-family detached residence shall not be liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate a solar photovoltaic system installed at a future date.
(7) (a) This section applies to contracts entered into on or after August 10,
2009, to purchase new single-family detached residences built on or after August 10, 2009.
(b) This section does not apply to:
(I) An unoccupied home serving as sales inventory or a model home; or
(II) A manufactured home as defined in section 24-32-3302 (20).
Source: L. 2009: Entire section added, (HB 09-1149), ch. 235, p. 1073, � 1,
effective August 5. L. 2012: (2), (3), (4), and (5) amended, (HB 12-1315), ch. 224, p. 977, � 43, effective July 1. L. 2018: (2) and (4) amended and (3) and (5) repealed, (SB 18-003), ch. 359, p. 2148, � 11, effective June 1. L. 2020: (1) and (7) amended, (HB 20-1155), ch. 193, p. 895, � 2, effective September 14.
38-35.7-107. Water-smart homes option. (1) (a) Every person that builds a
new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to select one or more of the following water-smart home options for the residence:
(I) Repealed.
(II) If dishwashers or clothes washers are financed, installed, or sold as
upgrades through the home builder, the builder shall offer a model that is qualified pursuant to the federal environmental protection agency's energy star program at the time of offering. Clothes washers shall have a water factor of less than or equal to six gallons of water per cycle per cubic foot of capacity.
(III) If landscaping is financed, installed, or sold as upgrades through the
home builder and will be maintained by the home owner, the home builder shall offer a landscape design that follows the landscape practices specified in this subparagraph (III) to ensure both the professional design and installation of such landscaping and that water conservation will be accomplished. These best management practices are contained in the document titled Green Industry Best Management Practices (BMPs) for the Conservation and Protection of Water Resources in Colorado: Moving Toward Sustainability, 3rd release, and appendix, released in May 2008, or this document's successors due to future inclusion of improved landscaping practices, water conservation advancements, and new irrigation technology. The best management practices specified in this subparagraph (III), through utilization of the proper landscape design, installation, and irrigation technology, accomplish substantial water savings compared to landscape designs, installation, and irrigation system utilization where these practices are not adhered to. The following best management practices and water budget calculator form the basis for the design and installation for the front yard landscaping option if selected by the homeowner as an upgrade:
(A) Xeriscape: To include the seven principles of xeriscape that provide a
comprehensive approach for conserving water;
(B) Water budgeting: To include either a water allotment by the water utility
for the property, if offered by the water utility, or a landscape water budget based on plant water requirements;
(C) Landscape design: To include a plan and design for the landscape to
comprehensively conserve water and protect water quality;
(D) Landscape installation and erosion control: To minimize soil erosion and
employ proper soil care and planting techniques during construction;
(E) Soil amendment and ground preparation: To include an evaluation of the
soil and improve it, if necessary, to address water retention, permeability, water infiltration, aeration, and structure;
(F) Tree placement and tree planting: To include proper soil and space for
root growth and to include proper planting of trees, shrubs, and other woody plants to promote long-term health of these plants;
(G) Irrigation design and installation: To include design of the irrigation
system for the efficient and uniform distribution of water to plant material and the development of an irrigation schedule;
(H) Irrigation technology and scheduling: To include water conserving
devices that stop water application during rain, high wind, and other weather events and incorporate evapotranspiration conditions. Irrigation scheduling should address frequency and duration of water application in the most efficient manner; and
(I) Mulching: To include the use of organic mulches to reduce water loss
through evaporation, reduce soil loss, and suppress weeds.
(IV) Installation of a pressure-reducing valve that limits static service
pressure in the residence to a maximum of sixty pounds per square inch. Piping for home fire sprinkler systems shall comply with state and local codes and regulations but are otherwise excluded from this subparagraph (IV).
(b) The offer required by paragraph (a) of this subsection (1) shall be made in
accordance with the builder's construction schedule for the residence. In the case of prefabricated or manufactured homes, construction schedule includes the schedule for completion of prefabricated walls or other subassemblies.
(2) Nothing in this section precludes a person that builds a new single-family
detached residence from:
(a) Subjecting water-efficient fixture and appliance upgrades to the same
terms and conditions as other upgrades, including charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;
(b) Selecting the contractors that will complete the installation of the
selected options; or
(c) Stipulating in the purchase agreement or sales contract that water-efficient fixtures and appliances are based on technology available at the time of
installation, such upgrades may not support all water-efficient fixtures or appliances installed at a future date, and the person that builds a new single-family detached residence is not liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate water-efficient fixtures or appliances installed at a future date.
(3) This section does not apply to unoccupied homes serving as sales
inventory or model homes.
(4) The upgrades described in paragraph (a) of subsection (1) of this section
shall not contravene state or local codes, covenants, and requirements. All homes, landscapes, and irrigation systems shall meet all applicable national, state, and local regulations.
Source: L. 2010: Entire section added, (HB 10-1358), ch. 398, p. 1892, � 1,
effective January 1, 2011. L. 2011: IP(1)(a)(III) amended, (HB 11-1303), ch. 264, p. 1174, � 89, effective August 10. L. 2014: (1)(a)(I)(B) added by revision, (SB 14-103), ch. 384, pp. 1877, 1880, � 3, 6.
Editor's note: Subsection (1)(a)(I)(B) provided for the repeal of subsection
(1)(a)(I), effective September 1, 2016. (See L. 2014, pp. 1877, 1880.)
38-35.7-108. Disclosure of oil and gas activity - rules. (1) (a) By January 1,
2016, the real estate commission created in section 12-10-206 shall promulgate a rule requiring each contract of sale or seller's property disclosure for residential real property that is subject to the commission's jurisdiction to disclose the following or substantially similar information:
THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY
FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE MAY NOT INCLUDE TRANSFER OF THE MINERAL ESTATE. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OR OTHER MINERALS UNDER THE SURFACE, AND THEY MAY ENTER AND USE THE SURFACE ESTATE TO ACCESS THE MINERAL ESTATE.
THE USE OF THE SURFACE ESTATE TO ACCESS THE MINERALS MAY BE
GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER.
THE OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO
THIS PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING FACILITIES.
THE BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION
REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THIS PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE ENERGY AND CARBON MANAGEMENT COMMISSION.
(b) On and after January 1, 2016, each contract of sale or seller's property
disclosure for residential real property that is not subject to the real estate commission's jurisdiction must contain a disclosure statement in bold-faced type that is clearly legible in substantially the same form as is specified in paragraph (a) of this subsection (1).
(2) The disclosure required by subsection (1) of this section does not create a
duty to investigate or disclose that does not otherwise exist for the seller, a person licensed under article 10 of title 12, or a title insurance agent or company licensed under article 2 of title 10.
Source: L. 2014: Entire section added, (SB 14-009), ch. 74, p. 305, � 1,
effective August 6. L. 2019: IP(1)(a) and (2) amended, (HB 19-1172), ch. 136, p. 1725, � 238, effective October 1. L. 2023: (1)(a) amended, (SB 23-285), ch. 235, p. 1258, � 41, effective July 1.
38-35.7-109. Electric vehicle charging and heating systems - options -
definitions. (1) (a) A person that builds a new residence for which a buyer is under contract shall offer the buyer the opportunity to have the residence's electrical system include one of the following:
(I) An electric vehicle charging system;
(II) Upgrades of wiring planned by the builder to accommodate future
installation of an electric vehicle charging system; or
(III) A two-hundred-eight- to two-hundred-forty-volt alternating current
plug-in receptacle in an appropriate place accessible to a motor vehicle parking area.
(b) A person that builds a new residence for which a buyer is under contract
shall offer the buyer the opportunity to have the residence include an efficient electrical heating system, including an electric water heater, electric boiler, or electric furnace or heat-pump system.
(c) A person that builds a new residence for which a buyer is under contract
shall offer the buyer pricing, energy efficiency, and utility bill information for each natural gas, electric, or other option available from and information pertaining to those options from the federal Energy Star program, as defined in section 6-7.5-102 (24), or similar information about energy efficiency and utilization reasonably available to the person building the residence.
(d) Subsection (1)(a) of this section does not apply to a residence in which the
electrical system has been substantially installed before a buyer enters into a contract to purchase the residence. Subsection (1)(b) of this section does not apply to a residence in which the heating system has been substantially installed before a buyer enters into a contract to purchase the residence.
(2) To comply with this section, the offer required by subsection (1) of this
section must be made in accordance with the builder's construction schedule for the residence.
(3) Nothing in this section precludes a person that builds a new residence
from:
(a) Subjecting electric vehicle charging system upgrades to the same terms
and conditions as other upgrades, including charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;
(b) Selecting the contractors that will complete the installation of electric
vehicle charging system upgrades;
(c) Stipulating in the purchase agreement or sales contract that:
(I) Electric vehicle charging system upgrades are based on technology
available at the time of installation and might not support all electric vehicle charging systems or systems installed in the future; and
(II) The person that builds a new residence is not liable for any additional
upgrades, retrofits, or other alterations to the residence necessary to accommodate an electric vehicle charging system installed in the future.
(4) As used in this section:
(a) Electric vehicle charging system means:
(I) An electric vehicle charging system as defined in section 38-12-601 (6)(a)
that has power capacity of at least 6.2 kilowatts, that is Energy Star certified, and that has the ability to connect to the internet; or
(II) An inductive residential charging system for battery-powered electric
vehicles that is certified by Underwriters Laboratories or an equivalent certification, that complies with the current version of article 625 of the National Electrical Code, published by the National Fire Protection Association, and other applicable industry standards, that is Energy Star certified, and that has the ability to connect to the internet.
(b) Residence means a single-family owner-occupied detached dwelling.
(5) (a) This section applies to contracts entered into on or after September
14, 2020, to purchase new residences built on or after September 14, 2020.
(b) This section does not apply to:
(I) An unoccupied home serving as sales inventory or a model home; or
(II) A manufactured home as defined in section 24-32-3302 (20).
Source: L. 2020: Entire section added, (HB 20-1155), ch. 193, p. 896, � 3,
effective September 14. L. 2023: (1)(c) amended, (HB 23-1161), ch. 285, p. 1717, � 11, effective August 7.
38-35.7-110. Disclosure - estimated future property taxes for residences
within the boundaries of a metropolitan district - rules - definition.
(1) Repealed.
(2) On and after January 1, 2022, an owner of residential real property that is
located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property, concurrently with or prior to the execution of a contract to sell the property, shall provide to the purchaser of the property:
(a) A paper copy, electronic copy, or a website page link to the notice to
electors required by section 32-1-809 (1) as most recently prepared and filed by the metropolitan district;
(b) A paper copy, electronic copy, or a website page link to the service plan
or statement of purpose of the metropolitan district, including any amendments to the service plan, as filed with the division of local government in the department of local affairs;
(c) A statement in writing disclosing that:
(I) Pursuant to its service plan, the metropolitan district has authority to
issue up to ____ dollars of debt and, if applicable, that the debt of the district may be repaid through ad valorem property taxes, from a debt service mill levy on all taxable property of the district, or any other legally available revenues of the district;
(II) The maximum debt service mill levy the metropolitan district is permitted
to impose under the service plan is ____ mills or, if no maximum debt service mill levy is specified in the service plan, a statement that there is no maximum debt service mill levy. If applicable, the statement must also disclose whether the debt service mill levy cap may be adjusted due to changes in the constitutional or statutory method of assessing property tax or in the assessment ratio, or by amendments to the service plan or voter authorizations.
(III) In addition to imposing a debt service mill levy, the metropolitan district
is also authorized to impose a separate mill levy to generate revenues for general operating expenses. If applicable, the statement must also disclose whether the amount of the general operating expenses mill levy may be increased as necessary, separate and apart from the debt service mill levy cap. In the alternative, if the service plan provides for the aggregate mill levy cap for debt service and general operating expenses combined, the statement must address the applicable aggregate mill levy cap.
(IV) The metropolitan district may also rely upon various other revenue
sources authorized by law to offset its expenses of capital construction and general operating expenses. Pursuant to Colorado law, the district may impose fees, rates, tolls, penalties, or other charges as provided in title 32. The statement must include that a current fee schedule, if applicable, is available from the metropolitan district.
(V) Actions by the metropolitan district pursuant to its authority to issue
debt, impose mill levies, and impose fees, rates, tolls, penalties, or other charges may increase costs to residents living in the metropolitan district.
(d) An estimate of the dollar amount of property taxes levied by the
metropolitan district that are applicable to the property for collection during the year in which the sale occurs, which estimate must include any debt service mill levies that are specified in subsection (2)(c)(II) of this section and any mill levies for general operating expenses that are specified in subsection (2)(c)(III) of this section, shown both as the total mill levy as well as the total dollar amount that could be collected based upon the purchase price of the property, the residential assessment rate, and mill levies that are in effect in the district at the time of the sale; and
(e) A copy of the most current certificate of taxes due or tax statement
issued by the county treasurer that is applicable to the property as an estimate of the sum of additional mill levies levied by other taxing entities that overlap the property in which the newly constructed residence is located.
(3) In disclosing an estimate of property taxes for purposes of satisfying
subsection (2)(d)(I) of this section, the seller shall calculate the estimate based upon application of the following assumptions:
(a) The purchase price is considered to be the value of the real property
including the newly constructed residence as reflected in the contract to purchase the property;
(b) The ratio of valuation for assessment is the same as the residential real
property assessment ratio set forth in section 39-1-104.2 for the property tax year in which the sale occurs; and
(c) The mill levies are the same as those levied by all taxing entities that are
applicable to the property for the property tax year in which the sale occurs; except that, if the seller has actual knowledge that the total mill levies will change in the next property tax year, the seller shall use the updated information in making the calculation.
(4) Along with the estimate required by subsection (2) of this section, the
seller shall include, in bold-faced type that is clearly legible, the following statement:
This estimate only provides an illustration of the amount of the new property taxes that may be due and owing after the property has been reassessed and, in some instances, reclassified as residential property. This estimate is not a statement of the actual and future taxes that may be due. First year property taxes may be based on a previous year's tax classification, which may not include the full value of the property and, consequently, taxes may be higher in subsequent years. A seller has complied with this disclosure statement as long as the disclosure is based upon a good-faith effort to provide accurate estimates and information.
(5) A seller is deemed to have complied with this section as long as the
disclosures required by this section are based upon a good-faith effort to provide accurate estimates and information.
Source: L. 2021: Entire section added, (SB 21-262), ch. 368, p. 2430, � 6,
effective September 7. L. 2022: (2)(e) amended, (SB 22-164), ch. 155, p. 984, � 1, effective May 6. L. 2025: (1) repealed, IP(2) and (2)(d) amended, and (2)(c)(V) added, (HB 25-1219), ch. 290, p. 1491, � 4, effective August 6.
38-35.7-111. Disclosure - metropolitan district website - residences within
the boundaries of a metropolitan district. On or after January 1, 2024, an owner of residential real property that is located within the boundaries of a metropolitan district organized on or after January 1, 2000, that sells the property shall provide the purchaser of the property with the official website established by the metropolitan district pursuant to section 32-1-104.5 (3). The information shall be provided on the Colorado real estate commission approved seller's property disclosure or other concurrent writing.
Source: L. 2023: Entire section added, (SB 23-110), ch. 52, p. 186, � 5,
effective August 7.
38-35.7-112. Disclosure - elevated radon - rules - definition. (1) A buyer of
residential real property has the right to be informed of whether the property has been tested for elevated levels of radon.
(2) (a) Each contract of sale for residential real property must contain the
following disclosure in bold-faced type that is clearly legible in substantially the same form as is specified as follows:
The Colorado Department of Public Health and Environment strongly
recommends that ALL home buyers have an indoor radon test performed before purchasing residential real property and recommends having the radon levels mitigated if elevated radon concentrations are found. Elevated radon concentrations can be reduced by a radon mitigation professional.
Residential real property may present exposure to dangerous levels of
indoor radon gas that may place the occupants at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is the leading cause of lung cancer in nonsmokers and the second leading cause of lung cancer overall. The seller of residential real property is required to provide the buyer with any known information on radon test results of the residential real property.
(b) Each contract of sale for residential real property or seller's property
disclosure for residential real property must contain the following disclosures:
(I) Any knowledge the seller has of the residential real property's radon
concentrations, including the following information:
(A) Whether a radon test or tests have been conducted on the residential
real property;
(B) The most recent records and reports pertaining to radon concentrations
within the residential real property;
(C) A description of any radon concentrations detected or mitigation or
remediation performed; and
(D) Information regarding whether a radon mitigation system has been
installed in the residential real property; and
(II) An electronic or paper copy of the most recent brochure published by the
department of public health and environment in accordance with section 25-11-114 (2)(a) that provides advice about radon in real estate transactions.
(c) The real estate commission shall promulgate rules requiring:
(I) Each contract that is for the purchase and sale of residential real property
and that is subject to the real estate commission's jurisdiction to include the statement described in subsection (2)(a) of this section in bold-faced type that is clearly legible in substantially the same form as described in subsection (2)(a) of this section; and
(II) Each contract for sale or seller's property disclosure for residential real
property to include the disclosures described in subsection (2)(b) of this section, including rules that specify the format and manner for delivery of the brochure.
(3) As used in this section:
(a) Real estate commission means the real estate commission created in
section 12-10-206.
(b) Residential real property includes:
(I) A single-family home, manufactured home, mobile home, condominium,
apartment, townhome, or duplex; or
(II) A home sold by the owner, a financial institution, or the United States
department of housing and urban development.
Source: L. 2023: Entire section added, (SB 23-206), ch. 356, p. 2135, � 2,
effective August 7.
Cross references: For the legislative declaration in SB 23-206, see section 1
of chapter 356, Session Laws of Colorado 2023.
ARTICLE 36
Torrens Title Registration Act
PART 1
TORRENS TITLE REGISTRATION
C.R.S. § 38-36-107
38-36-107. Form of application. The form of application may, with appropriate changes, be substantially as follows:
FORM OF APPLICATION FOR INITIAL REGISTRATION
OF TITLE TO LAND.
STATE OF COLORADO )
) ss.
County of ................................................) In the
In the matter of ) District Court.
the application of )
................................................................) Petition.
to register the title to the land hereinafter described.
To the Honorable ........................, judge of said court: I hereby make application
to have registered the title to the land hereinafter described, and do solemnly swear that the answers to the questions herewith, and the statements herein contained, are true to the best of my knowledge, information and belief.
First - Name of applicant,........................ age,.... years. Residence,.............. (number
and street, if any). Married to ........................ (name of husband or wife).
Second - Application made by ........................, acting as .......... (owner, agent or
attorney). Residence,.......... (number, street).
Third - Description of real estate is as follows:............................................................
...........................................................................................................................................
...........................................................................................................................................
estate or interest therein is .............. and .............. subject to homestead.
Fourth - The land is .............. occupied by .............. (names of occupants), whose
address is .......... (number, street, and town or city). The estate, interest or claim of occupant is ........................................ .
Fifth - Liens and encumbrances on the land ................................................................
......................................................................................................................................... .
Name of holder or owner thereof is ............ whose post-office address is ............
.
Amount of claim, $ ..... . Recorded, Book ...., page ...., of the records of said county.
Sixth - Other persons, firms, or corporations, having or claiming any estate,
interest, or claim in law or equity, in possession, remainder, reversion, or expectancy in said land are ...........................................................................................................................................
...........................................................................................................................................
whose addresses are ...........................................................................................................
respectively. Character of estate, interest, or claim is ..........................................................
.......................................................................................................................................... .
Seventh - Other facts connected with said land and appropriate to be
considered in this registration proceedings are .........................................................................................
.......................................................................................................................................... .
Eighth - Therefore, the applicant prays this honorable court to find and
declare the title or interest of the applicant in said land and decree the same, and order the registrar of titles to register the same and to grant such other and further relief as may be proper in the premises.
........................ (Applicant's signature.)
By .............., agent, attorney, administrator, or guardian.
Subscribed and sworn to before me this .............. day of .............., A.D. 20.... .
..................................,
Notary Public.
Source: L. 03: p. 314, � 7. R.S. 08: � 720. C.L. � 4930. CSA: C. 40, � 175. CRS
53: � 118-10-7. C.R.S. 1963: � 118-10-7. L. 76: Entire section amended, p. 315, � 71, effective May 20.
C.R.S. § 38-36-115
38-36-115. Filing and service of application - land registration docket. The application shall be filed in the office of the clerk of the court to which the application is made, and in case of personal service a true copy thereof shall be served with the summons, and the clerk shall docket the case in a book to be kept for that purpose, which shall be known as the land registration docket. The record entry of the application shall be entitled (name of applicant), plaintiff, against (here insert names of all persons named in the application as being in possession of the premises, or as having any lien, encumbrance, right, title, or interest in the land, and the names of all persons found by the report of the examiner provided for in section 38-36-118 to be in possession or to have any lien, encumbrance, right, title, or interest in the land), also all other persons or parties unknown, claiming any right, title, estate, lien, or interests in the real estate described in the application as defendants. All orders, judgments, and decrees of the court in the case shall be appropriately entered in such docket. All final orders or decrees shall be recorded, and proper reference made thereto in such docket.
Source: L. 03: p. 318, � 15. R.S. 08: � 728. C.L. � 4938. CSA: C. 40, � 183. CRS
53: � 118-10-15. C.R.S. 1963: � 118-10-15.
C.R.S. § 38-36-123
38-36-123. Form of summons. The summons provided for in section 38-36-121 shall be in substance in the following form:
SUMMONS ON APPLICATION FOR REGISTRATION OF LAND.
STATE OF COLORADO )
) ss.
County of .....................................)
In the District Court.
(Name of applicant), plaintiff .... versus .... (names of all defendants, and all other persons or parties unknown, claiming any right, title, estate, lien, or interest in the real estate described in the application herein) ...... defendants.
The People of the State of Colorado to the above-named defendants,
Greetings:
You are hereby summoned and required to answer the application of the
applicant plaintiff in the above entitled application for registration of the following land situate in .............. county, Colorado, to wit: (description of land), and to file your answer to the said application in the office of the clerk of said court, in said county, within twenty days after the service of this summons upon you, exclusive of the day of such service; and if you fail to answer the said application within the time aforesaid, the applicant plaintiff in this action will apply to the court for the relief demanded in the application.
Witness, ........ clerk of said court and the seal thereof, at ........ in said county,
and state, this .............. day of .............. A.D. 20.... .
(Seal.).............. Clerk.
Source: L. 03: p. 321, � 20b. R.S. 08: � 736. C.L. � 4946. CSA: C. 40, � 191.
CRS 53: � 118-10-23. C.R.S. 1963: � 118-10-23.
C.R.S. § 38-36-130
38-36-130. Decree of confirmation - effect - appeal. If the court, after hearing, finds that the applicant has title, whether as stated in his application or otherwise, proper for registration, a decree of confirmation of title and registration shall be entered. Every decree of registration shall bind the land and quiet the title thereto, except as otherwise provided in this article, and shall be forever binding and conclusive upon all persons, whether mentioned by name in the application or included in all other persons or parties unknown claiming any right, title, estate, lien, or interest in, to, or upon the real estate described in the application herein, and such decree shall not be opened by reason of the absence, infancy, or other disability of any person affected thereby, nor by any proceeding at law or in equity for reversing judgments or decrees, except as especially provided in section 38-36-131. An appeal may be taken as provided by law and the Colorado appellate rules within the same time and upon like notice, terms, and conditions as are provided for the taking of appeals from the district court to the appellate court in civil actions.
Source: L. 03: p. 323, � 27. R.S. 08: � 743. C.L. � 4953. CSA: C. 40, � 198. CRS
53: � 118-10-30. C.R.S. 1963: � 118-10-30.
C.R.S. § 38-36-136
38-36-136. Registered land to remain under this article unless removed from registration. (1) Unless removed from registration in the manner stated in this section, section 38-36-204, or section 38-36-205, the obtaining of a decree of registration and receiving of a certificate of title shall be deemed an agreement running with the land and binding upon the applicant and the successors in title that the land is and remains registered land and subject to this article 36 and of all amendments thereto. All dealings with the land or any estate or interest therein after the same has been brought under this article 36, and all liens, encumbrances, and charges upon the same shall be made only subject to the terms of this article 36. The owner, or his agent or attorney, of any real property registered under the terms of this article 36 may, at any time, withdraw said real property registration from the operation of this article 36 by surrendering to the registrar his duplicate certificate of ownership, duly endorsed with a signed and acknowledged request for such withdrawal.
(2) This request may be substantially in the following form, to wit:
To the Registrar of Titles in the County of .............., and State of Colorado: I, (or
we), ............, the undersigned registered owner of the within described real property, do hereby request that said real property and the title thereto be forthwith withdrawn from registration under the terms of this article.
Witness my (or our) hand this .......... day of .........., A.D. 20.... .
STATE OF COLORADO )
) ss.
County of .....................................)
The foregoing instrument was acknowledged before me this ............ day of
............, A.D. 20...., by ............... .
Witness my hand and official seal.
My Commission expires:
.................................
Notary Public.
(3) Thereupon such registrar shall certify on said certificate that said real
property has been withdrawn from the operation of this article and shall cause said certificate with all notations, certifications, memorials, and endorsements thereon to be recorded in the office of the county clerk and recorder of the county in which said real estate is situated. The fee to be paid to the county clerk and recorder for recording said certificate shall be the sum of five dollars. Such withdrawal shall not alter or affect any title, lien, encumbrance, or right pertaining to or fixed upon such real property at the time of such withdrawal.
Source: L. 03: p. 326, � 33. R.S. 08: � 749. C.L. � 4959. L. 43: p. 220, � 1. CSA:
C. 40, � 204. CRS 53: � 118-10-36. C.R.S. 1963: � 118-10-36. L. 91: (3) amended, p. 710, � 9, effective July 1. L. 2017: (1) amended, (SB 17-140), ch. 212, p. 826, � 2, effective August 9.
C.R.S. § 38-36-149
38-36-149. Effect of recording instruments. Every conveyance, lien, attachment, order, decree, judgment of a court of record, or instrument or entry which would under existing law, if recorded, filed, or entered in the office of the county clerk and recorder of the county in which the real estate is situate, affect the said real estate to which it relates, if the title thereto were not registered, shall, if recorded, filed, or entered in the office of the registrar of titles in the county where the real estate to which such instrument relates is situate, affect in like manner the title thereto if registered, and shall be notice to all persons from the time of such recording, filing, or entering.
Source: L. 03: p. 330, � 46. R.S. 08: � 762. C.L. � 4972. CSA: C. 40, � 217. CRS
53: � 118-10-49. C.R.S. 1963: � 118-10-49.
C.R.S. § 38-36-186
38-36-186. Fees paid registrar upon registration - disposition. (1) Upon the original registration of land under this article, and also upon the entry of a certificate showing title as registered owners in heirs or devisees, there shall be paid to the registrar of titles one-tenth of one percent of the valuation for assessment of the real estate on the basis of the last assessment for general taxation, as an assurance fund.
(2) All sums of money received by the registrar, as provided for in subsection
(1) of this section, shall be forthwith paid by the registrar to the county treasurer of the county in which the land lies for the purpose of an assurance fund under the terms of this article. It is the duty of the county treasurer, whenever the amount on hand in said assurance fund is sufficient, to invest the same, principal and income, and report annually to the district court the condition and income thereof. No investment of the funds, or any part thereof, shall be made without the approval of said court by order entered of record. Said fund shall be invested only in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S.
Source: L. 03: p. 345, �� 83, 84. R.S. 08: �� 799, 800. C.L. �� 5009, 5010.
CSA: C. 40, �� 254, 255. CRS 53: �� 118-10-86, 118-10-87. C.R.S. 1963: �� 118-10-86, 118-10-87. L. 89: (2) amended, p. 1126, � 56, effective July 1.
C.R.S. § 38-36-189
38-36-189. When assurance fund not liable - maximum judgment. The assurance fund shall not be liable in any action to pay for any loss, damage, or deprivation occasioned by a breach of trust, whether express, implied, or constructive, by any registered owner who is a trustee, or by the improper exercise of any power of sale in a mortgage or trust deed. Final judgment shall not be entered against the county treasurer in any action in this article to recover from the assurance fund for more than a fair market value of the real estate at the time of the last payment to the assurance fund on account of the same real estate.
Source: L. 03: p. 347, � 87. R.S. 08: � 803. C.L. � 5013. CSA: C. 40, � 258.
CRS 53: � 118-10-90. C.R.S. 1963: � 118-10-90.
C.R.S. § 38-36-199
38-36-199. Article liberally construed. (1) This article shall be construed liberally, so far as may be necessary for the purpose of carrying out its general intent, which is that any owner of land may register his title and bring his land under the provisions of this article, but no one is required to do so.
(2) All laws and parts of laws, if any, necessarily in conflict with this article
are repealed, but this article is not intended to interfere with the present system of recording, transferring, or dealing in any real estate, not brought under the provisions of this article.
Source: L. 03: p. 352, �� 98, 99. R.S. 08: �� 814, 815. C.L. �� 5024, 5025.
CSA: C. 40, �� 269, 270. CRS 53: �� 118-10-101, 118-10-102. C.R.S. 1963: �� 118-10-101, 118-10-102.
Editor's note: The repeal provided for in subsection (2) was originally
enacted in 1903.
PART 2
TORRENS CONCLUSION
C.R.S. § 38-36-211
38-36-211. Maintenance of records. After recording a certificate of title under section 38-36-205 or 38-36-206, a registrar shall continue to preserve and maintain all records that have been received under this article 36.
Source: L. 2017: Entire part added, (SB 17-140), ch. 212, p. 830, � 3, effective
August 9.
ARTICLE 36.5
Uniform Unlawful Restrictions in Land Records Act
38-36.5-101. Title. This article 36.5 may be cited as the Uniform Unlawful
Restrictions in Land Records Act.
Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 600, � 1,
effective August 7.
38-36.5-102. Definitions. As used in this article 36.5:
(1) Amendment means a document that removes an unlawful restriction.
(2) Association of owners has the same meaning as association as set
forth in section 38-33.3-103 (3).
(3) Common interest community has the same meaning as set forth in
section 38-33.3-103 (8).
(4) Document means a record recorded or eligible to be recorded in land
records.
(5) Governing instrument has the same meaning as declaration, as
defined in section 38-33.3-103 (13).
(6) Grantee index means the grantee index maintained in a recorder's
office pursuant to section 30-10-408.
(7) Grantor index means the grantor index maintained in a recorder's office
pursuant to section 30-10-408.
(8) Land records means the real estate records in the office of the recorder
pursuant to section 30-10-406 (1).
(9) Owner means a person that has a fee interest in real property.
(10) Person means an individual, business trust, estate, trust, corporation,
partnership, limited liability company, association, joint venture, public corporation or other business or nonprofit entity, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(11) Record, used as a noun, means information:
(a) Inscribed on a tangible medium; or
(b) Stored in an electronic or other medium and retrievable in perceivable
form.
(12) Recorder means a county clerk and recorder.
(13) Remove means eliminate any apparent or purportedly continuing
effect on title to real property.
(14) Unlawful restriction means a prohibition, restriction, covenant, or
condition in a document that purports to interfere with or restrict the transfer, use, or occupancy of real property:
(a) On the basis of race, color, religion, national origin, sex, familial status,
disability, or other personal characteristics; and
(b) In violation of other law of this state, including section 24-34-502,
regarding unfair or discriminatory housing practices, or federal law.
Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 600, � 1,
effective August 7.
38-36.5-103. Amendment by owner. An owner of real property subject to
an unlawful restriction may submit to the recorder for recordation in the land records an amendment to remove the unlawful restriction, but only as to the owner's property.
Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 601, � 1,
effective August 7.
38-36.5-104. Amendment by association of owners. (1) The governing body
of an association of owners identified in a governing instrument may, without a vote of the members of the association, amend the governing instrument to remove an unlawful restriction.
(2) A member of an association of owners may request, in a record that
sufficiently identifies an unlawful restriction in the governing instrument, that the governing body exercise its authority under subsection (1) of this section. No later than ninety days after the governing body receives the request, the governing body shall determine reasonably and in good faith whether the governing instrument includes the unlawful restriction. If the governing body determines the governing instrument includes the unlawful restriction, the governing body, no later than ninety days after the determination, shall amend the governing instrument to remove the unlawful restriction.
(3) An officer of the association of owners designated by the association of
owners or, in the absence of designation, the president of the association of owners, acting on behalf of the association of owners, shall prepare, execute, record, and certify an amendment adopted pursuant to this section.
(4) An amendment under this section is effective notwithstanding any
provision of the governing instrument or other law of this state that requires a vote of the members of the association of owners to amend the governing instrument.
Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 601, � 1,
effective August 7.
38-36.5-105. Requirements and limitations of amendment. (1) An
amendment under this article 36.5 must identify, for an amendment by an owner pursuant to section 38-36.5-103, the owner, and for an amendment by an association of owners pursuant to section 38-36.5-104, the name of the common interest community and the association. All amendments must include a description of the real property affected and a reference to the document recorded in the land records containing the unlawful restriction. All amendments must include a conspicuous statement in substantially the following form: This amendment removes from this deed or other document affecting title to real property an unlawful restriction as defined under the Uniform Unlawful Restrictions in Land Records Act. This amendment does not affect the validity or enforceability of a restriction that is not an unlawful restriction.
(2) (a) The amendment must be executed and acknowledged in the manner
required for recordation of a document in the land records. The amendment must be recorded in the land records of each county in which the document containing the unlawful restriction is recorded.
(b) For an amendment by an owner pursuant to section 38-36.5-103, the
recorder shall index the amendment in the grantor and grantee index in the name of the record owner. For an amendment by an association of owners pursuant to section 38-36.5-104, the recorder shall index the amendment in the grantee index in the name of the common interest community created pursuant to the governing instrument and in the name of the association of owners and in the grantor index in the name of the record owner.
(3) The amendment does not affect the validity or enforceability of any
restriction that is not an unlawful restriction.
(4) The amendment or a future conveyance of the affected real property is
not a republication of a restriction that otherwise would expire by passage of time under other law of this state.
Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 602, � 1,
effective August 7.
38-36.5-106. Form for amendment. (1) An owner making an amendment
pursuant to this article 36.5 must use a form substantially equivalent to the following form:
Amendment by Owner to Remove an Unlawful Restriction
This Amendment is recorded under the state's Uniform Unlawful Restrictions in Land Records Act, article 36.5 of title 38, Colorado Revised Statutes (the Act), by an Owner of an interest in real property subject to an unlawful restriction as defined under the Act.
(1) Name of Owner:____
(2) Owner's property that is subject to the unlawful restriction is described as follows:
Address:______________________
Legal Description:______________________
(3) This Amendment amends the following document:
Title of document being amended:_______________
Recording date of document being amended: ______________________
Recording information (book/page or instrument
number):____ This Amendment removes from the document described in paragraph (3) all unlawful restrictions as defined under the Act. Removal of an unlawful restriction through this Amendment does not affect the validity and enforceability of any other restriction that is not an unlawful restriction as defined under the Act at the time of filing this Amendment. This Amendment is not effective if the property is subject to a governing instrument as defined under the Act.
Owner's Signature:____
Date:____
Notary Acknowledgment:___
(2) An association of owners making an amendment pursuant to this article
36.5 must use a form substantially equivalent to the following form:
Amendment by Association of Owners to Remove an Unlawful Restriction
This Amendment is recorded under the state's Uniform Unlawful Restrictions in Land Records Act, article 36.5 of title 38, Colorado Revised Statutes (the Act), by an association of owners identified in a governing instrument that contains an unlawful restriction as defined under the Act.
(1) Name of Owner:_____
(2) Name of Association:____
(3) Property encumbered by a governing instrument containing the unlawful restriction is described as follows:
Legal Description:______________________
(4) This Amendment amends the following described document:
Title of document being amended:_______________
Recording date of document being amended:______________________
Recording information (book/page or instrument
number):____ This Amendment removes from the document described in paragraph (4) all unlawful restrictions as defined under the Act. Removal of an unlawful restriction through this Amendment does not affect the validity and enforceability of any other restriction that is not an unlawful restriction as defined under the Act at the time of filing this Amendment.
Association's Signature:____
Date:____
Notary Acknowledgment:___
Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 603, � 1,
effective August 7.
38-36.5-107. Duty and liability of recorder. (1) The recorder shall record an
amendment submitted under this article 36.5, add the amendment to the grantor or grantee index, as appropriate, and cross reference the amendment to the document containing the unlawful restriction.
(2) The recorder and the recorder's jurisdiction are not liable for recording an
amendment under this article 36.5, for the absence of a recorded amendment under this article 36.5, or for any failure or inaccuracies in cross-referencing the amendment to the document containing the unlawful restriction.
Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 604, � 1,
effective August 7.
38-36.5-108. Uniformity of application and construction. In applying and
construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.
Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 604, � 1,
effective August 7.
38-36.5-109. Relation to electronic signatures in global and national
commerce act. This article 36.5 modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq., as amended, but does not modify, limit, or supersede 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the notices described in 15 U.S.C. sec. 7003 (b).
Source: L. 2024: Entire article added, (SB 24-145), ch. 149, p. 604, � 1,
effective August 7.
Mortgages and Trust Deeds
ARTICLE 37
Office of Public Trustee
Editor's note: This article was numbered as article 3 of chapter 118, C.R.S.
-
The substantive provisions of this article were repealed and reenacted in 1990, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1990, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
Law reviews: For article, The Agricultural Credit Act of 1987, see 17 Colo. Law. 611 (1988); for article, Foreclosure by Private Trustee: Now is the Time for Colorado, see 65 Den. U.L. Rev. 41 (1988); for article, Partial Redemption in Colorado Foreclosures, see 67 Den. U.L. Rev. 61 (1990); for article, Foreclosure of Deeds of Trust and Mortgages: 1990 Statutory Amendments -- Parts I and II, see 19 Colo. Law. 1601 and 1843 (1990); for article, Changes Relating to Public Trustee Foreclosures Implemented by Senate Bill 161, see 31 Colo. Law. 11 (Nov. 2002).
C.R.S. § 38-38-100.3
38-38-100.3. Definitions. As used in articles 37 to 39 of this title 38, unless the context otherwise requires:
(1) Agricultural property means property, none of which, on the date of
recording of the deed of trust or other lien or at the time of the recording of the notice of election and demand or lis pendens, is:
(a) Platted as a subdivision;
(b) Located within an incorporated town, city, or city and county; or
(c) Valued and assessed as other than agricultural property pursuant to
sections 39-1-102 (1.6)(a) and 39-1-103 (5), C.R.S., by the assessor of the county where the property is located.
(1.3) Alternate lienor means a person deemed a lienor by section 38-38-305.5 (1)(a).
(1.5) Amended mailing list means the amended mailing list in accordance
with section 38-38-103 (2) containing the names and addresses in the mailing list as defined in subsection (14) of this section and the names and addresses of the following persons:
(a) The owner of the property, if different than the grantor of the deed of
trust, as of the date and time of the recording of the notice of election and demand or lis pendens as shown in the records at the address indicated in such recorded instrument; and
(b) Each person, except the public trustee, who appears to have an interest
in the property described in the combined notice by an instrument recorded prior to the date and time of the recording of the notice of election and demand or lis pendens with the clerk and recorder of the county where the property or any portion thereof is located at the address of the person indicated on the instrument, if the person's interest in the property may be extinguished by the foreclosure.
(2) Attorney for the holder means an attorney licensed and in good
standing in the state of Colorado to practice law and retained by the holder of an evidence of debt to process a foreclosure under this article.
(2.5) Borrower means a person liable under an evidence of debt
constituting a residential mortgage loan.
(3) Certified copy means, with respect to a recorded document, a copy of
the document certified by the clerk and recorder of the county where the document was recorded.
(3.5) CFPB means the federal consumer financial protection bureau.
(4) Combined notice means the combined notice of sale, right to cure, and
right to redeem described in section 38-38-103 (4)(a).
(4.3) Common interest community has the meaning set forth in section 38-33.3-103 (8).
(4.5) Complete loss mitigation application means an application in
connection with which a servicer has received all the information that the servicer requires from a borrower in evaluating applications for the loss mitigation options available to the borrower.
(5) Confirmation deed means the deed described in section 38-38-501 in
the form specified in section 38-38-502 or 38-38-503.
(5.3) Consensual lien means a conveyance of an interest in real property,
granted by the owner of the property after the recording of a notice of election and demand, that is not an absolute conveyance of fee title to the property. Consensual lien includes but is not limited to a deed of trust, mortgage or other assignment, encumbrance, option, lease, easement, contract, including an instrument specified in section 38-38-305, or conveyance as security for the performance of the grantor. Consensual lien does not include a lien described in section 38-38-306 or 38-33.3-316.
(5.7) Corporate surety bond means a bond issued by a person authorized to
issue bonds in the state of Colorado with the public trustee as obligee, conditioned against the delivery of an original evidence of debt to the damage of the public trustee.
(6) Cure statement means the statement described in section 38-38-104
(2)(a).
(7) Deed of trust means a security instrument containing a grant to a public
trustee together with a power of sale.
(8) Evidence of debt means a writing that evidences a promise to pay or a
right to the payment of a monetary obligation, such as a promissory note, bond, negotiable instrument, a loan, credit, or similar agreement, or a monetary judgment entered by a court of competent jurisdiction.
(9) Fees and costs means all fees, charges, expenses, and costs described
in section 38-38-107.
(10) Holder of an evidence of debt or holder means the person in actual
possession of or person entitled to enforce an evidence of debt; except that the term does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust. For the purposes of articles 37 to 40 of this title, the following persons are presumed to be the holder of an evidence of debt:
(a) The person who is the obligee of and who is in possession of an original
evidence of debt;
(b) The person in possession of an original evidence of debt together with the
proper indorsement or assignment thereof to such person in accordance with section 38-38-101 (6);
(c) The person in possession of a negotiable instrument evidencing a debt,
which has been duly negotiated to such person or to bearer or indorsed in blank; or
(d) The person in possession of an evidence of debt with authority, which
may be granted by the original evidence of debt or deed of trust, to enforce the evidence of debt as agent, nominee, or trustee or in a similar capacity for the obligee of the evidence of debt.
(11) Junior lien means a deed of trust or other lien or encumbrance upon the
property for which the amount due and owing thereunder is subordinate to the deed of trust or other lien being foreclosed.
(12) Junior lienor means a person who is a beneficiary, holder, or grantee of
a junior lien.
(12.5) Lienor includes without limitation the holder of a certificate of
purchase or certificate of redemption for property, issued upon the foreclosure of a deed of trust or other lien on the property.
(13) Lis pendens means a lis pendens in accordance with section 38-35-110
that is recorded with the clerk and recorder of the county where the property or any portion thereof is located and that refers to a judicial action in which one of the claims is for foreclosure and sale of the property by an officer or in which a claim or interest in the property is asserted.
(13.3) Loss mitigation application means an oral or written request for a
loss mitigation option that is accompanied by any information requested by a servicer for evaluation for a loss mitigation option.
(13.7) Loss mitigation option means an alternative to foreclosure offered by
the owner, holder, or assignee of a mortgage loan that is made available through the servicer to the borrower.
(14) Mailing list means the mailing list in accordance with section 38-38-101 (1)(e) provided to the officer by the holder of the evidence of debt or the
attorney for the holder containing the names and addresses of the following persons:
(a) The original grantor of the deed of trust or obligor under any other lien
being foreclosed at the address shown in the recorded deed of trust or other lien being foreclosed and, if different, the last address, if any, shown in the records of the holder of the evidence of debt;
(b) Any person known or believed by the holder of the evidence of debt to be
personally liable under the evidence of debt secured by the deed of trust or other lien being foreclosed at the last address, if any, shown in the records of the holder;
(c) The occupant of the property, addressed to occupant at the address of
the property; and
(d) With respect to a public trustee sale, a lessee with an unrecorded
possessory interest in the property at the address of the premises of the lessee and, if different, the address of the property, to the extent that the holder of the evidence of debt desires to terminate the possessory interest with the foreclosure.
(15) Maintaining and repairing means the act of caring for and preserving a
property in its current condition or restoring a property to a sound or working condition after damage; except that maintaining and repairing shall not include, unless done pursuant to an order entered by a court of competent jurisdiction, any act of advancing a property to a better condition or any act that increases the quality of or adds to the improvements located on a property.
(16) Notice of election and demand means a notice of election and demand
for sale related to a public trustee foreclosure under this article.
(17) Officer means the public trustee or sheriff conducting a foreclosure
under this article.
(17.3) Overbid means the amount a property is sold for at a foreclosure sale
that is in excess of the written or amended bid amount executed by the holder of the evidence of debt secured by the deed of trust or other lien being foreclosed.
(17.5) Person means any individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity.
(18) Property means the portion of the property encumbered by a deed of
trust or other lien that is being foreclosed under this article or the portion of the property being released from a deed of trust or other lien under article 39 of this title.
(19) Publish, publication, republish, or republication means the
placement by an officer of a legal notice that meets the requirements set forth in section 24-70-103 containing a combined notice that complies with the requirements of section 24-70-109 in a newspaper in the county or counties where the property to be sold is located. The officer shall select the newspaper.
(20) Qualified holder means a holder of an evidence of debt, certificate of
purchase, certificate of redemption, or confirmation deed that is also one of the following:
(a) A bank as defined in section 11-101-401 (5), C.R.S.;
(b) Repealed.
(c) A federally chartered savings and loan association doing business in
Colorado or a savings and loan association chartered under the Savings and Loan Association Law, articles 40 to 46 of title 11, C.R.S.;
(d) A supervised lender as defined in section 5-1-301 (46), C.R.S., that is
licensed to make supervised loans pursuant to section 5-2-302, C.R.S., and that is either:
(I) A public entity, which is an entity that has issued voting securities that are
listed on a national security exchange registered under the federal Securities Exchange Act of 1934, as amended; or
(II) An entity in which all of the outstanding voting securities are held,
directly or indirectly, by a public entity;
(e) An entity in which all of the outstanding voting securities are held,
directly or indirectly, by a public entity that also owns, directly or indirectly, all of the voting securities of a supervised lender as defined in section 5-1-301 (46), C.R.S., that is licensed to make supervised loans pursuant to section 5-2-302, C.R.S.;
(f) A federal housing administration approved mortgagee;
(g) A federally chartered credit union doing business in Colorado or a state-chartered credit union as described in section 11-30-101, C.R.S.;
(h) An agency or department of the federal government;
(i) An entity created or sponsored by the federal or state government that
originates, insures, guarantees, or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt;
(j) Any community development financial institution that has been certified
and maintains such current status from the community development financial institutions fund administered by the United States department of the treasury, referred to in this section as the fund. In order to be a qualified holder under this article, the community development financial institution must:
(I) Be a legal entity;
(II) Have a primary mission of promoting community development;
(III) Be a financing entity;
(IV) Primarily serve one or more target markets as defined by the fund;
(V) Promote development services in conjunction with its financing activities;
(VI) Maintain accountability to its defined target market; and
(VII) Be a nongovernmental entity and not be under the control of any
governmental entity; except that a tribal government is exempt from the requirements of this subparagraph (VII).
(k) Any entity with active certification under the fund that originates, insures,
guarantees, or purchases loans or a person acting on behalf of such an entity to enforce an evidence of debt or the deed of trust securing an evidence of debt;
(k.5) A private company that originates, insures, guaranties, or purchases
loans on behalf of a holder of evidence of debt that is secured by a deed of trust encumbering a time share estate as defined in section 38-33-110 (5), with a minimum of five million dollars in assets or not less than one thousand active loans; or
(l) Any entity listed in paragraphs (a) to (k) of this subsection (20) acting in
the capacity of agent, nominee except as otherwise specified in subsection (10) of this section, or trustee for another person.
(21) Records means the records of the county clerk and recorder of the
county where the property is located.
(21.3) Residential mortgage loan means a loan that is primarily for
personal, family, or household use and that is secured by a mortgage, deed of trust, or other equivalent, consensual security interest on a dwelling or residential real estate upon which is constructed or intended to be constructed a single-family dwelling or multiple-family dwelling of four or fewer units that is or will be used by the borrower as the borrower's primary residence.
(21.6) Residential real estate means any real property upon which a
dwelling is or will be constructed.
(22) Sale means a foreclosure sale conducted by an officer under this
article.
(23) Secured indebtedness means the amount owed pursuant to the
evidence of debt without regard to the value of the collateral.
(23.3) (a) Servicer or mortgage servicer means an entity that directly
services a loan or that is responsible for interacting with the borrower; managing the loan account on a daily basis, including collecting and crediting periodic loan payments; managing any escrow account; or enforcing the note and security instrument, either as the current holder of the evidence of debt or as the current holder's authorized agent.
(b) Servicer includes an entity providing such services pursuant to
designation as a subservicing agent or by contract with a master servicer.
(c) Servicer does not mean a trustee, including the public trustee, or a
trustee's authorized agent acting under a power of sale pursuant to a deed of trust.
(23.6) Single point of contact means an individual or team of personnel,
each of whom has the ability and authority to perform the responsibilities described in section 38-38-103.1 on behalf of the servicer. The servicer shall ensure that each member of the team is knowledgeable about the borrower's situation and current status.
(24) Statement of redemption means the signed and acknowledged
statement of the holder of the evidence of debt or the signed statement of the attorney for the holder as required by section 38-38-302 (3) or the signed and acknowledged statement of the lienor or the signed statement of the attorney for the lienor as required by section 38-38-302 (1)(f).
(25) Unit has the meaning set forth in section 38-33.3-103 (30).
(26) Unit association lien means a lien in a unit in a common interest
community that is held by an association, as defined in section 38-33.3-103 (3).
Source: L. 2006: Entire section added, p. 1438, � 6, effective January 1, 2008.
L. 2007: IP, IP(10), (18), and (19) amended and (5.3), (5.7), and (12.5) added, p. 1831, � 5, effective January 1, 2008. L. 2009: (1.5) and (17.5) added and IP(10), (11), (14), and (19) amended, (HB 09-1207), ch. 164, p. 703, � 1, effective January 1, 2010. L. 2012: (17.3) added, (SB 12-030), ch. 96, p. 315, � 3, effective September 1. L. 2013: (20)(b) repealed, (SB 13-154), ch. 282, p. 1489, � 73, effective July 1. L. 2014: IP(10) amended, (HB 14-1130), ch. 156, p. 541, � 1, effective May 9; (20)(i) and (20)(j) amended and (20)(k) and (20)(l) added, (SB 14-022), ch. 101, p. 374, � 1, effective August 6; (2.5), (3.5), (4.5), (13.3), (13.7), (21.3), (21.6), (23.3), and (23.6) added, (HB 14-1295), ch. 157, p. 545, � 1, effective January 1, 2015. L. 2018: IP and (19) amended, (HB 18-1254), ch. 138, p. 902, � 1, effective August 8. L. 2021: (20)(k) amended and (20)(k.5) added, (HB 21-1224), ch. 199, p. 1057, � 1, effective May 28. L. 2024: (1.3), (4.3), (25), and (26) added, (HB 24-1337), ch. 422, p. 2884, � 5, effective August 7.
Editor's note: The effective date for the enactment of this section by chapter
305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
Cross references: For the federal Securities Exchange Act of 1934, see 15
U.S.C. 78a et seq.
C.R.S. § 38-38-107
38-38-107. Fees and costs - definitions. (1) All fees and costs of every kind and nature incurred under the provisions of articles 37 to 39 of this title shall be fees and costs of the sale chargeable as additional amounts owing under the deed of trust or other lien being foreclosed. The amounts shall be deducted from the proceeds of any sale, or, if there are not cash proceeds from a sale adequate to pay such amounts, to the extent of the inadequacy, the amounts shall be paid by the holder of the evidence of debt. The officer may decline to issue the confirmation deed pursuant to section 38-38-501 until all sums due to the officer have been paid.
(2) (Deleted by amendment, L. 2006, p. 1455, � 13; L. 2007, p. 1849, � 27,
effective January 1, 2008.)
(3) Fees and costs include but are not limited to the following amounts that
have been paid or incurred:
(a) Costs and expenses allowable under the evidence of debt, deed of trust,
or other lien being foreclosed; and
(b) Reasonable attorney fees and the costs incurred by the holder or the
attorney for the holder in enforcing the evidence of debt, the deed of trust, or other lien being foreclosed or in defending, protecting, and insuring the holder's interest in the foreclosed property or any improvements on the property, including but not limited to:
(I) All expenses actually incurred by the officer conducting the sale,
publication costs, statutory notice costs and postage, and appraisal fees;
(II) Any general or special taxes or ditch or water assessments levied or
accruing against the property and any governmental or quasi-governmental lien, fine, penalty, or assessment against the property;
(III) The premiums on any property, casualty, general liability, or title
insurance acquired to protect the holder's interest in the property or improvements on the property;
(IV) Sums due on any prior lien or encumbrance on the property, including
the portion of an assessment by a homeowners' association that constitutes a lien prior to the lien being foreclosed; except that any principal that would not have been due in the absence of acceleration shall not be included in the sum due unless paid after the expiration of the time to cure the indebtedness pursuant to this article;
(V) If the property is subject to a lease, all sums due under the lease;
(VI) The reasonable costs and expenses of defending, protecting, securing,
and maintaining and repairing the property and the holder's interest in the property or the improvements on the property, receiver's fees and expenses, inspection fees, court costs, attorney fees, and fees and costs of the attorney in the employment of the owner of the evidence of debt;
(VII) Costs and expenses made pursuant to a valid order from a court of
competent jurisdiction to bring the property and the improvements on the property into compliance with the federal, state, county, and local laws, ordinances, and regulations affecting the property, the improvements on the property, or the use of the property; and
(VIII) Other costs and expenses that may be permitted by the deed of trust,
mortgage, or other lien securing the debt or that may be authorized by a court of competent jurisdiction.
(c) As used in this subsection (3), holder means the holder of the certificate
of purchase, the holder of the certificate of redemption, or the holder of the evidence of debt.
(4) In the case of a redemption, the fees and costs listed in subsection (3) of
this section that the holder of the certificate of purchase or certificate of redemption has paid or incurred as of the time of filing of the statement for redemption are allowable and shall be included in the statement of redemption if such amounts have not been included in a prior bid or statement of redemption.
(5) Notwithstanding the provisions of subsections (1), (3), and (4) of this
section, a holder of an evidence of debt, certificate of purchase, or certificate of redemption shall not accept from a provider of services or products related to property inspection, broker's price opinion, title report, appraisal, insurance, repair, or maintenance or from an agent or affiliate of the provider any payment, benefit, or remuneration of any kind, whether in the form of cash, employee, advertising, computer program or service, bank deposit, or other good or service in connection with a foreclosure in which a property inspection, broker's price opinion, title report, appraisal, insurance, repair, or maintenance service or product of the provider or an agent or affiliate of the provider was used, unless the total value of all payment, benefit, or remuneration received by the holder from the provider of the service or product is shown and credited against amounts owed to the holder in each bid, cure statement, or redemption statement.
Source: L. 90: Entire article R&RE, p. 1659, � 2, effective October 1. L. 2001:
(2) amended, p. 1068, � 4, effective September 1. L. 2005: (2) amended, p. 398, � 4, effective August 8. L. 2006: Entire section amended, p. 1455, � 13, effective January 1, 2008.
Editor's note: (1) This section is similar to former � 38-37-119, as it existed
prior to 1990.
(2) The effective date for amendments made to this section by chapter 305,
Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
C.R.S. § 38-38-109.5
38-38-109.5. Continuance of sale - unit association lien - unit owner's motion to stay - escrow of proceeds - purchaser title. (1) Notwithstanding any provision of this title 38 to the contrary, at any time after a unit owners' association files an action for foreclosure of the unit association lien on a unit, but prior to the sale date at auction, the unit owner or the unit owner's designated representative may file a motion with the court to stay the sale of the unit with notice of the unit owner's intent to list the unit for sale for the fair market value of the unit or an alternate amount as specified in subsection (2) of this section. The unit owner or the unit owner's designated representative shall provide notice of the motion to stay the sale to the association and to the officer.
(2) (a) The unit owner shall state in the motion to stay:
(I) The fair market value of the unit, as determined by:
(A) An appraisal of the unit;
(B) A market analysis conducted by a licensed real estate agent;
(C) An estimate from an online real estate marketplace company; or
(D) The assessed value of the unit recorded in the county assessor's property
tax records on the date of the court's order to sell the unit;
(II) An alternate value for the unit that, if less than the fair market value of
the unit, exceeds the sum of all liens and any fees or costs advanced by the holder of the evidence of debt.
(b) The court may allow the unit owner additional time to submit the fair
market value or alternate value to the court.
(c) The unit owner shall list the unit at the sale price specified in the motion
to stay, unless the association objects to the unit owner's declared fair market value or alternate value of the unit. The association may submit evidence of the unit's value to the court. Based on the evidence, the court shall set the initial list price of the unit and may further order a change to the list price if supported by sufficient evidence.
(3) The court's order staying the sale of the unit at auction is in effect for
nine months after the date of the order. The court may extend the stay of the sale of the unit at auction beyond nine months upon evidence that the sale of the unit is imminent or for good cause, as determined by the court.
(4) If a sale date was scheduled, the officer shall post or provide notice of
the continuance of the sale while the stay is in effect.
(5) The court shall enter any orders necessary to ensure that the proceeds of
the sale of the unit are held in escrow and distributed by the court in accordance with lien priority and other applicable law.
(6) A purchaser of a unit listed for sale pursuant to this section shall take
title to the unit free and clear of any encumbrances relating to filing of the foreclosure action.
(7) This section does not apply to an action for foreclosure of a time share
unit, as defined in section 38-33-110 (7).
Source: L. 2025: Entire section added, (HB 25-1043), ch. 433, p. 2503, � 6,
effective October 1.
Editor's note: Section 7(2) of chapter 433 (HB 25-1043), Session Laws of
Colorado 2025, provides that the act adding this section applies to enforcement actions instituted on or after October 1, 2025.
C.R.S. § 38-38-505
38-38-505. Effect of foreclosures as to certain classes of persons. (1) All deeds of trust executed to a public trustee may be foreclosed by such public trustee in the manner provided by section 38-38-101, notwithstanding the fact that the indebtedness secured may constitute a claim against the estate of a deceased person, a mental incompetent, or an incapacitated person and notwithstanding the death, mental incompetency, or incapacity of one or more of the owners of the property covered by the deed of trust.
(2) Any such foreclosure shall be good against a mental incompetent or
incapacitated person and against the heirs-at-law, legatees, devisees, creditors, conservators, guardians, personal representatives, executors, and administrators of any decedent or mental incompetent or incapacitated person and all persons claiming by, through, or under such decedent or mental incompetent or incapacitated person. The public trustee shall give notice of such foreclosure proceedings, as provided by law, to the grantor in the deed of trust foreclosed at the address stated therein, as though living and mentally competent, to all persons having interests then of record, and to the lessee or lessees of the premises as provided in section 38-38-305 (1.5). The public trustee shall not be required to give notice of such foreclosure proceedings to any heir-at-law, legatee, devisee, creditor, conservator, guardian, personal representative, executor, or administrator of any decedent or mental incompetent or incapacitated person or to any person claiming by, through, or under any decedent or mental incompetent or incapacitated person unless the claim or interest of such person then appears of record.
(3) The interest and claim in and to such real estate of all mental
incompetents or incapacitated persons and of all persons claiming by, through, or under any mental incompetent, incapacitated person, or decedent, including minors and incapacitated persons, shall be terminated and concluded by such foreclosure unless they redeem from the foreclosure sale within the time prescribed by law.
Source: L. 90: Entire article R&RE, p. 1672, � 2, effective October 1; (2)
amended, p. 1685, � 6, effective October 1.
Editor's note: The provisions of this section are similar to provisions of
several former sections as they existed prior to 1990. For a detailed comparison, see the comparative tables located in the back of the index.
C.R.S. § 38-38-701
38-38-701. Application - use of term foreclosure. (1) Except as otherwise provided for in subsection (2) of this section, the provisions of this article shall apply:
(a) To proceedings for the foreclosure of deeds of trust through the public
trustee commenced on or after July 1, 2007; and
(b) In the case of proceedings and actions for enforcement or foreclosure of
any other types of liens upon real property and in the case of sales by virtue of execution and levy, where the particular proceeding or action under which the sale is performed is commenced on or after July 1, 2007.
(2) On and after October 1, 1990, in all proceedings for the foreclosure of
deeds of trust and mortgages executed before July 1, 1965:
(a) The provisions of sections 118-9-2 and 118-9-3, Colorado Revised Statutes
1963, as said sections existed prior to July 1, 1965, shall apply in lieu of section 38-38-302 and section 38-38-303 (1) to (3) as it existed prior to January 1, 2008; and
(b) The provisions of section 118-9-18, Colorado Revised Statutes 1963, as in
effect on July 1, 1965, and numbered as sections 38-38-103 and 38-38-104 on and after October 1, 1990, shall not apply.
(3) Wherever the term foreclosure, or variations thereof, or the concept of
foreclosure is used in or referred to in article 37, 38, or 39 of this title, it shall be deemed to include sales of real estate upon execution, unless the context otherwise requires.
(4) If a deed of trust grants a power of sale to the public trustee but contains
no provision on the manner in which the power of sale is to be exercised, the deed of trust shall not be void or voidable, and the holder of the evidence of debt may foreclose the deed of trust in accordance with the provisions of this article on the foreclosure of deeds of trust through the office of the public trustee or in the manner of a mortgage through the courts.
Source: L. 90: Entire article R&RE, p. 1674, � 2, effective October 1. L. 2006:
(1) and (2)(a) amended and (4) added, p. 1480, � 38, effective January 1, 2008.
Editor's note: (1) This section is similar to former � 38-39-119, as it existed
prior to 1990.
(2) The effective date for amendments made to subsections (1) and (2)(a) and
for the enactment of subsection (4) by chapter 305, Session Laws of Colorado 2006, was changed from July 1, 2007, to January 1, 2008, by section 27 of chapter 404, Session Laws of Colorado 2007. (See L. 2007, p. 1849.)
C.R.S. § 38-38-705
38-38-705. Curative provisions. (1) If the public trustee fails to comply with any of the notice deadlines set forth in this article, unless the foreclosure has already been withdrawn by the holder of the evidence of debt or the holder's attorney, following written notice to the holder of the evidence of debt or the holder's attorney, the public trustee may rerecord the notice of election and demand, and the public trustee shall thereafter comply with all such notice deadlines from the last recording date as set forth on the rerecorded notice of election and demand as though such foreclosure had been commenced on such date.
(2) In the event of an error contained in any certificate of purchase,
certificate of redemption, public trustee's deed, or other recorded document prepared by the office of the public trustee, the public trustee may correct such error by executing and recording a scrivener's error affidavit as set forth in section 38-35-109 (5).
Source: L. 2007: Entire section added, p. 1728, � 7, effective June 1.
PART 8
FORECLOSURE DEFERMENT
38-38-801 to 38-38-808. (Repealed)
Editor's note: (1) This part 8 was added in 2009. For amendments to this part
8 prior to its repeal in 2015, consult the 2014 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 38-38-808 provided for the repeal of this part 8, effective
September 1, 2015. (See L. 2014, p. 552.)
PART 9
EXPEDITED SALE OF RESIDENTIAL PROPERTY
38-38-901 to 38-38-907. (Repealed)
Editor's note: (1) This part 9 was added in 2010 and was not amended prior to
its repeal in 2014. For the text of this part 9 prior to 2014, consult the 2013 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 38-38-907 provided for the repeal of this part 9, effective July 1,
- (See L. 2010, p. 653.)
ARTICLE 39
Mortgages, Deeds of Trust, and Other Liens
Editor's note: This article was numbered as article 9 of chapter 118, C.R.S.
-
The substantive provisions of this article were repealed and reenacted in 1990, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1990, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
Law reviews: For article, The Statutory Right of Redemption from Foreclosures, see 13 Colo. Law. 793 (1984); for article, Marshalling in Judicial or Nonjudicial Foreclosure in Colorado, see 13 Colo. Law. 1809 (1984); for article, Real Estate Potpourri -- Avoiding Sister State Anti-deficiency Laws, see 14 Colo. Law. 775 (1985); for article, Deeds in Lieu of Foreclosure, see 15 Colo. Law. 394 (1986); for article, The Agricultural Credit Act of 1987, see 17 Colo. Law. 611 (1988); for article, Foreclosure by Private Trustee: Now Is the Time for Colorado, see 65 Den. U.L. Rev. 41 (1988); for article, An Analysis of the Effect of S.B. 123 on Foreclosures, see 17 Colo. Law. 845 (1988); for article, Foreclosure of Deeds of Trust and Mortgages: 1990 Statutory Amendments -- Parts I and II, see 19 Colo. Law. 1601 and 1843 (1990); for article, Strategic Options for Overly Encumbered Real Property (Friendly Foreclosures), see 46 Colo. Law. 31 (July 2017).
PART 1
GENERAL PROVISIONS
C.R.S. § 38-39-103
38-39-103. Effect of release or partial release before maturity of evidence of debt - release is good as to recitals. (1) In any executed and recorded release or partial release of any deed of trust affecting the title to real estate in this state, whether or not such release is executed before the maturity of the indebtedness so secured, the recital of the following shall constitute evidence thereof, so as to give full effect to such release:
(a) That the indebtedness secured by such deed of trust has been fully or
partially paid; or
(b) That the purpose of the deed of trust has been fully or partially satisfied.
(2) Any release of deed of trust shall be good and valid as to the recitals
therein, whether made to the original grantor of said deed of trust or to a subsequent purchaser of the property described in such release of deed of trust.
Source: L. 90: Entire article R&RE, p. 1676, � 3, effective October 1. L. 92: (1)
amended, p. 2095, � 6, effective July 1.
Editor's note: This section is similar to former �� 38-37-124 and 38-37-125,
as they existed prior to 1990.
C.R.S. § 38-39-209
38-39-209. Mortgages to United States. (1) Any mortgage, deed of trust, or other instrument executed by a corporation organized under the provisions of articles 40, 55, and 56 of title 7, C.R.S., and given to secure any indebtedness to the United States, or any agency or instrumentality thereof, which affects real or personal property, or both, and which is recorded in the real property records in any county in which such property is located or is to be located shall have the same force and effect as if such instrument were also recorded, filed, or indexed as provided by law in the proper office in such county as a mortgage of personal property. All after-acquired real or personal property of such corporation, described or referred to as being mortgaged or pledged in any such instrument, shall become subject to the lien thereof immediately upon the acquisition of such property by such corporation, whether or not such property was in existence at the time of the execution of such instrument.
(2) Recordation of any such instrument shall constitute notice and otherwise
have the same effect with respect to such after-acquired property as it has under the laws relating to recordation with respect to property owned by such corporation at the time of the execution of such instrument and therein described or referred to as being mortgaged or pledged thereby. The lien upon personal property of any such instrument shall, after recordation thereof, continue in existence and of record until the performance of the obligation secured thereby or the release or satisfaction thereof by the owner thereof.
Source: L. 90: Entire article R&RE, p. 1678, � 3, effective October 1. L. 96: (1)
amended, p. 546, � 13, effective July 1.
Editor's note: This section is similar to former � 38-40-115, as it existed prior
to 1990.
ARTICLE 40
Mortgage Brokers - Lenders
Editor's note: This article was numbered as article 5 of chapter 118, C.R.S.
- The substantive provisions of this article were repealed and reenacted in 1990, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1990, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
C.R.S. § 38-40-101
38-40-101. Mortgage broker fees - escrow accounts - unlawful act - penalty. (1) Any funds, other than advanced for actual costs and expenses to be incurred by the mortgage broker on behalf of the applicant for a loan, paid to a mortgage broker as a fee conditioned upon the consummation of a loan secured or to be secured by a mortgage or other transfer of or encumbrance on real estate shall be held in an escrow or a trustee account with a bank or recognized depository in this state. Such account may be any type of checking, demand, passbook, or statement account insured by an agency of the United States government.
(2) It is unlawful for a mortgage broker to misappropriate funds held in
escrow or a trustee account pursuant to subsection (1) of this section.
(3) The withdrawal, transfer, or other use or conversion of any funds held in
escrow or a trustee account pursuant to subsection (1) of this section prior to the time a loan secured or to be secured by mortgage or other transfer of or encumbrance on real estate is consummated shall be prima facie evidence of intent to violate subsection (2) of this section.
(4) Any mortgage broker violating any of the provisions of subsection (2) of
this section commits theft as defined in section 18-4-401, C.R.S.
(5) Any mortgage broker violating any of the provisions of subsection (1) or
(2) of this section shall be liable to the person from whom any funds were received for the sum of one thousand dollars plus actual damages caused thereby, together with costs and reasonable attorney fees. No lender shall be liable for any act or omission of a mortgage broker under this section.
(6) As used in this section, unless the context otherwise requires, mortgage
broker means a person, firm, partnership, association, or corporation, other than a bank, trust company, savings and loan association, credit union, supervised lender as defined in section 5-1-301 (46), C.R.S., insurance company, federal housing administration approved mortgagee, land mortgagee, or farm loan association or duly appointed loan correspondents, acting through officers, partners, or regular salaried employees for any such entity, that engages in negotiating or offering or attempting to negotiate for a borrower, and for commission, money, or other thing of value, a loan to be consummated and funded by someone other than the one acting for the borrower.
Source: L. 90: Entire article R&RE, p. 1679, � 4, effective October 1. L. 2000:
(6) amended, p. 1874, � 114, effective August 2.
Editor's note: This section is similar to former � 38-38-111, as it existed prior
to 1990.
C.R.S. § 38-40-103
38-40-103. Servicing of mortgages and deeds of trust - liability for interest or late fees for property taxes. (1) (a) (I) Any person who regularly engages in the collection of payments on mortgages and deeds of trust for owners of evidences of debt secured by mortgages or deeds of trust shall promptly credit all payments which are received and which are required to be accepted by such person or his agent and shall promptly perform all duties imposed by law and all duties imposed upon the servicer by such evidences of debt, mortgages, or deeds of trust creating or securing the indebtedness.
(II) No more than twenty days after the date of transfer of the servicing or
collection rights and duties to another person, the transferor of such rights and duties shall mail a notice addressed to the debtor from whom it has been collecting payments at the address shown on its records, notifying such debtor of the transfer of the servicing of his or her debt and the name, address, and telephone number of the transferee of the servicing.
(b) The debtor may continue to make payments to the transferor of the
servicing of his or her loan until a notice of the transfer is received from the transferee containing the name, address, and telephone number of the new servicer of the loan to whom future payments should be made. Such notice may be combined with the notice required in subparagraph (II) of paragraph (a) of this subsection (1). It shall be the responsibility of the transferor to forward to the transferee any payments received and due after the date of transfer of the loan.
(2) The servicer of a loan shall respond in writing within twenty days from the
receipt of a written request from the debtor or from an agent of the debtor acting pursuant to written authority from the debtor for information concerning the debtor's loan, which is readily available to the servicer from its books and records and which would not constitute the rendering of legal advice. Any such response must include the telephone number of the servicer. The servicer shall not be liable for any damage or harm that might arise from the release of any information pursuant to this section.
(3) The servicer of a loan shall annually provide to the debtor a summary of
activity related to the loan. Such a summary shall contain, but need not be limited to, the total amount of principal and interest paid on the loan in that calendar year.
(4) The servicer of a loan shall be liable for any interest or late fees charged
by any taxing entity if funds for the full payment of taxes on the real estate have been held in an escrow account by such servicer and not remitted to the taxing entity when due.
Source: L. 90: Entire article R&RE, p. 1680, � 4, effective October 1.
Editor's note: This section is similar to former � 38-38-113, as it existed prior
to 1990.
C.R.S. § 38-40-105
38-40-105. Prohibited acts by participants in certain mortgage loan transactions - unconscionable acts and practices - definitions. (1) The following acts by any mortgage broker, mortgage originator, mortgage lender, mortgage loan applicant, real estate appraiser, or closing agent, other than a person who provides closing or settlement services subject to regulation by the division of insurance, with respect to any loan that is secured by a first or subordinate mortgage or deed or trust lien against a dwelling are prohibited:
(a) To knowingly advertise, display, distribute, broadcast, televise, or cause
or permit to be advertised, displayed, distributed, broadcast, or televised, in any manner, any false, misleading, or deceptive statement with regard to rates, terms, or conditions for a mortgage loan;
(b) To make a false promise or misrepresentation or conceal an essential or
material fact to entice either a borrower or a creditor to enter into a mortgage agreement when, under the terms and circumstances of the transaction, he or she knew or reasonably should have known of such falsity, misrepresentation, or concealment;
(c) To knowingly and with intent to defraud present, cause to be presented,
or prepare with knowledge or belief that it will be presented to or by a lender or an agent thereof any written statement or information in support of an application for a mortgage loan that he or she knows to contain false information concerning any fact material thereto or if he or she knowingly and with intent to defraud or mislead conceals information concerning any fact material thereto;
(d) To facilitate the consummation of a mortgage loan agreement that is
unconscionable given the terms and circumstances of the transaction;
(e) To knowingly facilitate the consummation of a mortgage loan transaction
that violates, or that is connected with a violation of, section 12-10-713.
(f) (Deleted by amendment, L. 2009, (HB 09-1085), ch. 303, p. 1638, � 4,
effective August 5, 2009.)
(1.5) (Deleted by amendment, L. 2009, (HB 09-1085), ch. 303, p. 1638, � 4,
effective August 5, 2009.)
(1.7) (a) A mortgage broker or mortgage originator shall not commit, or assist
or facilitate the commission of, the following acts or practices, which are hereby deemed unconscionable:
(I) Engaging in a pattern or practice of providing residential mortgage loans
to consumers based predominantly on acquisition of the foreclosure or liquidation value of the consumer's collateral without regard to the consumer's ability to repay a loan in accordance with its terms; except that any reasonable method may be used to determine a borrower's ability to repay. This subparagraph (I) shall not apply to a reverse mortgage that complies with article 38 of title 11, C.R.S.
(II) Knowingly or intentionally flipping a residential mortgage loan. As used in
this subparagraph (II), flipping means making a residential mortgage loan that refinances an existing residential mortgage loan when the new loan does not have reasonable, tangible net benefit to the consumer considering all of the circumstances, including the terms of both the new and refinanced loans, the cost of the new loan, and the consumer's circumstances. This subparagraph (II) applies regardless of whether the interest rate, points, fees, and charges paid or payable by the consumer in connection with the refinancing exceed any thresholds specified by law.
(III) Entering into a residential mortgage loan transaction knowing there was
no reasonable probability of payment of the obligation by the consumer.
(b) Except as this subsection (1.7) may be enforced by the attorney general
or a district attorney, only the original parties to a transaction shall have a right of action under this subsection (1.7), and no action or claim under this subsection (1.7) may be brought against a purchaser from, or assignee of, a party to the transaction.
(2) (a) Except as provided in subsection (5) of this section, if a court, as a
matter of law, finds a mortgage contract or any clause of the contract to have been unconscionable at the time it was made, the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(b) When it is claimed or appears to the court that the contract or any clause
thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose, and effect, to aid the court in making the determination.
(c) (I) In order to support a finding of unconscionability, there must be
evidence of some bad faith overreaching on the part of the mortgage broker or mortgage originator such as that which results from an unreasonable inequality of bargaining power or under other circumstances in which there is an absence of meaningful choice on the part of one of the parties, together with contract terms that are, under standard industry practices, unreasonably favorable to the mortgage broker, mortgage originator, or lender.
(II) This paragraph (c) shall not apply to an unconscionable act or practice
under subsection (1.7) of this section.
(3) A violation of this section shall be deemed a deceptive trade practice as
provided in section 6-1-105 (1)(uu), C.R.S.
(4) The provisions of this section are in addition to and are not intended to
supersede the deceptive trade practices actionable at common law or under other statutes of this state.
(5) No right or claim arising under this section may be raised or asserted in
any proceeding against a bona fide purchaser of such mortgage contract or in any proceeding to obtain an order authorizing sale of property by a public trustee as required by section 38-38-105.
(6) The following acts by any real estate agent or real estate broker, as
defined in section 12-10-201 (6), in connection with any residential mortgage loan transaction, are prohibited:
(a) If directly engaged in negotiating, originating, or offering or attempting
to negotiate or originate for a borrower a residential mortgage loan transaction, the real estate agent or real estate broker shall not make a false promise or misrepresentation or conceal an essential or material fact to entice either a borrower or lender to enter into a mortgage loan agreement when the real estate agent or real estate broker actually knew or, under the terms and circumstances of the transaction, reasonably should have known of such falsity, misrepresentation, or concealment.
(b) If not directly engaged in negotiating, originating, or offering or
attempting to negotiate or originate for a borrower a residential mortgage loan transaction, the real estate agent or real estate broker shall not make a false promise or misrepresentation or conceal an essential or material fact to entice either a borrower or lender to enter into a mortgage loan agreement when the real estate agent or real estate broker had actual knowledge of such falsity, misrepresentation, or concealment.
(7) As used in this section, unless the context otherwise requires:
(a) Consumer has the meaning set forth in section 5-1-301, C.R.S.
(b) Dwelling has the meaning set forth in section 5-1-301, C.R.S.
(c) Mortgage broker has the same meaning as mortgage loan originator
as set forth in section 12-10-702 (14).
(d) Mortgage lender has the meaning set forth in section 12-10-702 (13).
(e) Mortgage originator has the same meaning as mortgage loan
originator as set forth in section 12-10-702 (14).
(f) Originate has the same meaning as originate a mortgage as set forth
in section 12-10-702 (17).
(g) Residential mortgage loan has the meaning set forth in section 12-10-702 (21).
Source: L. 2002: Entire section added, p. 1601, � 2, effective June 7. L. 2003:
(2)(a) and (2)(c) amended and (5) added, p. 1444, � 1, effective August 6. L. 2007: IP(1) and (1)(b) amended and (1)(e) and (6) added, pp. 1722, 1723, �� 8, 9, effective June 1; (1.7)(a)(I) amended, p. 1729, � 8, effective June 1; (1.7) and (7) added and (2)(c) amended, p. 1746, � 4, effective July 1; (1)(f) and (1.5) added, p. 1743, �� 14, 15, effective January 1, 2008. L. 2009: (1)(f), (1.5), and (7) amended, (HB 09-1085), ch. 303, p. 1638, � 4, effective August 5. L. 2016: (1)(e) amended, (HB 16-1306), ch. 117, p. 335, � 8, effective August 10. L. 2019: (1)(e), IP(6), (7)(c), (7)(d), (7)(e), (7)(f), and (7)(g) amended, (HB 19-1172), ch. 136, p. 1725, � 241, effective October 1.
C.R.S. § 38-44-112
38-44-112. Agreements. Any uncertain line, uncertain corner, or uncertain boundary of an existing parcel of land that is recorded in the real estate records in the office of the clerk and recorder for the county where the land is located and that is in dispute may be determined and permanently established by written agreement of all parties thereby affected, signed and acknowledged by each as required for conveyances of real estate, clearly designating the same, and accompanied by a map or plat thereof that shall be recorded as an instrument affecting real estate, and shall be binding upon their heirs, successors, and assigns. If the map or plat is prepared by a licensed professional land surveyor, monuments shall be set for any line, corner, or boundary included in the agreement.
Source: L. 07: p. 288, � 12. Code 08: � 308. Code 21: � 309. Code 35: � 309.
CRS 53: � 118-11-12. C.R.S. 1963: � 118-11-12. L. 2007: Entire section amended, p. 294, � 5, effective August 3.
C.R.S. § 38-45-102
38-45-102. Carbon monoxide alarms in single-family dwellings - rules. (1) (a) Notwithstanding any other provision of law, the seller of each existing single-family dwelling offered for sale or transfer on or after July 1, 2009, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall assure that an operational carbon monoxide alarm is installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.
(b) By July 1, 2009, the real estate commission created in section 12-10-206
shall by rule require each listing contract for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the requirements specified in subsection (1)(a) of this section.
(2) Notwithstanding any other provision of law, every single-family dwelling
that includes either fuel-fired appliances or an attached garage where, on or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which require a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall have an operational carbon monoxide alarm installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.
(3) No person shall remove batteries from, or in any way render inoperable, a
carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.
Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 181, � 2,
effective March 24. L. 2019: (1)(b) amended, (HB 19-1172), ch. 136, p. 1726, � 242, effective October 1.
C.R.S. § 38-45-103
38-45-103. Carbon monoxide alarms in multi-family dwellings - rules. (1) (a) Notwithstanding any other provision of law, the seller of every dwelling unit of an existing multi-family dwelling offered for sale or transfer on or after July 1, 2009, that has a fuel-fired heater or appliance, a fireplace, or an attached garage shall assure that an operational carbon monoxide alarm is installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.
(b) By July 1, 2009, the real estate commission created in section 12-10-206
shall by rule require each listing contract for residential real property that is subject to the commission's jurisdiction pursuant to article 10 of title 12 to disclose the requirements specified in subsection (1)(a) of this section.
(2) Notwithstanding any other provision of law, every dwelling unit of a multi-family dwelling that includes fuel-fired appliances or an attached garage where, on
or after July 1, 2009, interior alterations, repairs, fuel-fired appliance replacements, or additions, any of which require a building permit, occurs or where one or more rooms lawfully used for sleeping purposes are added shall have an operational carbon monoxide alarm installed within fifteen feet of the entrance to each room lawfully used for sleeping purposes or in a location as specified in any building code adopted by the state or any local government entity.
(3) No person shall remove batteries from, or in any way render inoperable, a
carbon monoxide alarm, except as part of a process to inspect, maintain, repair, or replace the alarm or replace the batteries in the alarm.
Source: L. 2009: Entire article added, (HB 09-1091), ch. 51, p. 182, � 2,
effective March 24. L. 2019: (1)(b) amended, (HB 19-1172), ch. 136, p. 1726, � 243, effective October 1.
C.R.S. § 38-6-101
38-6-101. Power of towns and cities. Whenever, in a town, city, or city and county, the council thereof or other municipal board having authority by charter or statute passes a resolution or ordinance to establish, construct, extend, open, widen, or alter any street, lane, avenue, boulevard, park, playground, parkway, pleasure way, public square, market, viaduct, bridge, sewer, tunnel, or subway or to build, acquire, construct, or establish any public building or any other public work or public improvement, said town, city, or city and county shall have the right to take, damage, condemn, or appropriate by right of eminent domain such private property as may be required in the manner provided for in this part 1; but, except as specifically authorized by law, no incorporated town shall exercise the power of eminent domain over property outside the town boundaries. In any case where such special benefits are not to be assessed by commissioners as provided in section 38-6-107 against the real estate specially benefited, the said town, city, or city and county may follow the procedure set forth in this part 1 or the procedure set forth in article 1 of this title.
Source: L. 11: p. 373, � 1. C.L. � 9076. CSA: C. 163, � 119. CRS 53: � 50-6-1. L.
57: p. 365, � 1. L. 59: p. 423, � 1. C.R.S. 1963: � 50-6-1. L. 69: p. 356, � 1. L. 76: Entire section amended, p. 312, � 60, effective May 20.
Cross references: For the proceedings and procedure for taking private
property for public use, see part 1 of article 1 of this title.
C.R.S. § 38-6-102
38-6-102. Petition. The attorney for said city or city and county, in the name of such city or city and county, shall apply to the district court of the district in which said city or city and county is situated, by petition, which petition shall state the general nature of the improvement proposed to be established or made, a correct description of the property required, and the name of the owner of said property as shown on the records of the county clerk and recorder of the county or city and county in which said property is situated. Said petition shall pray for the appointment of three disinterested commissioners, freeholders of real estate in and residents of said city or city and county, to appraise and award the damages which said owner may sustain by reason of the appropriation and condemnation of such property by the city or city and county and to perform such other duties as are in this part 1 enumerated.
Source: L. 11: p. 374, � 2. C.L. � 9077. CSA: C. 163, � 120. CRS 53: � 50-6-2.
C.R.S. 1963: � 50-6-2. L. 76: Entire section amended, p. 312, � 61, effective May 20.
C.R.S. § 38-6-105
38-6-105. Answer - hearing - commissioners. Any defendant has the right to appear in the proceeding and file an answer, in writing, with the clerk of the court, at any time prior to the date fixed for the hearing of the petition but not thereafter, in which answer said defendant shall set forth such legal objections as he may have to the condemnation or appropriation of any property owned by him or to the prosecution of said proceeding. At the time set for the hearing of said petition or such time to which the hearing may have been continued by the court, the court shall proceed to hear any objections raised by the answer, if any there be. The court has no power to inquire into the necessity of exercising the power of eminent domain for the purpose proposed, nor into the necessity of making the proposed improvement, nor into the necessity of taking the particular property described in the petition. If the court finds that the petitioner has the right to prosecute said proceeding and such objections as may have been filed are overruled, the court shall appoint three disinterested commissioners in condemnation, freeholders of real estate in said city or city and county and residents thereof, who shall have the powers and duties provided in this part 1. No person shall be disqualified to act as a commissioner by reason of the fact that he may own either the fee or other interest in or to property that might be assessed a special benefit on account of the proposed improvement.
Source: L. 11: p. 375, � 5. C.L. � 9080. CSA: C. 163, � 123. CRS 53: � 50-6-5.
C.R.S. 1963: � 50-6-5. L. 76: Entire section amended, p. 312, � 62, effective May 20.
C.R.S. § 38-6-107
38-6-107. Assessment of damages - lien - fund. It is the duty of the commissioners to estimate, fix, and determine the fair and actual cash market value of all property proposed to be taken for the improvement, without reference to the projected improvement, and the fair, direct, and actual damage caused on account of said improvement to other property not taken for the improvement. The commissioners shall provide for the payment of the total amount of their awards for land taken and damaged, in all cases where the resolution or ordinance authorizing the improvement so provides, by assessing against the owners of all real estate which, in their opinion, will be specially benefited by the proposed improvement the amounts of said benefit as special assessments, and such commissioners shall assess the balance required to make said total amount as a general assessment against the petitioning city or city and county. Such special benefits shall be assessed against the owners of each lot or parcel of property that is, in the opinion of said commissioners, specially benefited by said improvement, which said special benefits shall be a lien on the property so charged, and shall be collected as provided by the charter or ordinance of said city or city and county, and when so collected shall be paid into the treasury of said city or city and county as a separate fund, to be used for the payment of the awards and damages.
Source: L. 11: p. 376, � 7. C.L. � 9082. CSA: C. 163, � 125. CRS 53: � 50-6-7.
C.R.S. 1963: � 50-6-7.
C.R.S. § 38-6-202
38-6-202. Petition. (1) The attorney for any municipality, in the name of said municipality, shall apply to the district court of the district in which the municipality is situated, by petition, which petition shall set forth the general nature of the improvement proposed to be established or made, a correct description of the water right required, the name of the owner of the water right, and those persons who may be damaged by the acquisition of the water right. Said petition shall pray for the appointment of three disinterested commissioners appointed by the court of jurisdiction, freeholders of real estate in Colorado, one to be a resident from the area affected by the proposed action, one to be a resident of the municipality bringing the action, and one to be a party who has no interest in the controversy, to determine the issue of the necessity of exercising eminent domain as proposed in the petition and, if the condemnation is to be allowed, to appraise and award the damages that each person damaged may sustain by reason of the appropriation and condemnation of the water right by the municipality and to perform such other duties as are in this part 2 enumerated.
(2) No municipality shall be allowed to condemn water rights, as provided in
section 38-6-207, for any anticipated or future needs in excess of fifteen years, nor shall any municipality be allowed to condemn water rights that are appropriated to a prior public use.
Source: L. 75: Entire part added, p. 1408, � 1, effective July 1.
C.R.S. § 39-1-104.5
39-1-104.5. Severed mineral interest - placement on tax roll. Any owner of the surface estate from which a mineral interest has been severed, on behalf of himself and any other owners of such interest in the surface, may require the assessor of the county wherein such real estate is situate to place such severed mineral interest, without regard to value, on the tax roll of the county if the owner of the surface estate provides proof of ownership of the severed mineral interest and a record of the creation of the severed mineral interest as shown by the records of the county clerk and recorder. Proof of ownership and the record of creation of the severed mineral interest shall be provided in the form of a certificate prepared by an attorney, a title insurance company, or a title insurance agent authorized to do business in this state.
Source: L. 79: Entire section added, p. 1405, � 1, effective July 1. L. 83: Entire
section amended, p. 512, � 3, effective May 16.
C.R.S. § 39-1-119
39-1-119. Funds held for payment of taxes - refund - reduction and increase of amounts - penalty. (1) Subject to section 39-3.5-105 (2), all funds in excess of those permitted to be held by the federal Real Estate Settlement Procedures Act of 1974, 12 U.S.C. sec. 2601 et seq., as amended from time to time, and any rules promulgated to implement that federal law, as amended from time to time, held in escrow for the payment of ad valorem taxes on property under any deed of trust, mortgage, or other agreement encumbering or pertaining to real property located in this state shall be refunded to the property owner at the time and in the manner required by the federal law and rules. This subsection (1) applies whether or not the federal law and rules would apply to the deed of trust, mortgage, or other agreement in the absence of this subsection (1).
(2) Payments into such escrow accounts for the payment of ad valorem
taxes due in subsequent years shall be adjusted annually, based upon the amount of taxes paid on the subject property for the preceding year, but if such person reasonably believes that substantial improvements have been made to such property, which improvements were not included within the previous year's assessment, a reasonable estimate of the taxes for such subsequent years may be used as a basis for establishing the payments for such escrow account.
(2.5) The amount of payments into such escrow accounts for the payment of
ad valorem taxes due in subsequent years shall be increased only upon official notification of an increase in the amount of taxes levied on such property. Such amounts shall not be increased based solely upon notification of an increase in the valuation for assessment of such property.
(3) Any person willfully failing to make a refund in violation of subsection (1)
of this section for any whole month or more shall be liable for interest at a rate of six percent per annum and an equal amount as penalty.
Source: L. 73: p. 1435, � 1. C.R.S. 1963: � 137-1-22. L. 74: (1) amended, p. 427,
� 1, effective March 19. L. 79: (1) amended, p. 1414, � 10, effective January 1, 1980. L. 80: (1) amended, p. 797, � 62, effective June 5. L. 87: (2.5) added, p. 1389, � 11, effective June 20. L. 93: (1) amended, p. 346 � 2, effective April 12. L. 98: (1) amended, p. 828, � 51, effective August 5. L. 2015: (1) amended, (SB 15-142), ch. 29, p. 71, � 1, effective March 18.
C.R.S. § 39-11-114
39-11-114. Record of sales of tax liens on real estate and mobile homes. (1) The treasurer shall make a correct record of all sales of tax liens on real estate for delinquent taxes in a well-bound book or other permanent record to be kept by the treasurer for that purpose. Said book shall contain:
(a) The date of sale;
(b) The description of each tract of land or town lot for which a tax lien is
sold;
(c) The name of the owner thereof, if known;
(d) The name of the purchaser;
(e) The total amount of taxes, delinquent interest, and costs at time of sale;
(f) Columns for amount of subsequent taxes paid by the purchaser and the
date of payment;
(g) To whom assigned and the date of assignment;
(h) The name of person redeeming and date of redemption;
(i) The total amount paid for redemption;
(j) The name of person to whom conveyed and date of deed.
(2) The treasurer shall also note in the tax list, opposite the description of
the property for which a tax lien is sold, the fact and date of such sale.
(3) (a) Upon recordation of the tax sale, the treasurer shall also make a
separate list of all mobile homes for which tax liens are sold at the sale and file such list with the department of revenue. Such list shall include the mobile home's identification number, year and make, parcel number, and all pertinent tax sale information. For maintaining this recorded tax sale information on mobile homes, the executive director of the department of revenue may impose a fee of five dollars which shall become part of the mobile home tax sale redemption cost.
(b) Notwithstanding the amount specified for the fee in this section, the
executive director of the department of revenue by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.
Source: L. 64: R&RE, p. 726, � 1. C.R.S. 1963: � 137-11-14. L. 82: (3) added, p.
551, � 17, effective July 1. L. 85: IP(1), (1)(b), (2), and (3) amended, p. 1237, � 10, effective July 1. L. 92: (1)(e) amended, p. 2231, � 20, effective April 9. L. 94: IP(1) and (2) amended, p. 756, � 10, effective April 20. L. 96: (2) amended, p. 1393, � 12, effective July 1. L. 98: (3) amended, p. 1347, � 81, effective June 1. L. 2000: (3)(a) amended, p. 1638, � 17, effective June 1.
Cross references: For tax sale procedure and redemption of a mobile home,
see � 39-10-111.5.
C.R.S. § 39-11-122
39-11-122. Transfer of certificates by counties. Any county in this state having in its possession or under its control certificates of purchase resulting from the sale of a tax lien on land for the nonpayment of general taxes may assign, sell, or transfer such certificates in such manner, at such times, and on such terms as may be determined by resolution of the board of county commissioners of such county. Thereafter such county shall execute and deliver such instruments as may be necessary fully to convey all of the right, title, and interest of the county in or to such certificates; but no sale of any certificate of purchase issued upon any real estate upon which taxes in excess of ten thousand dollars are then due shall be valid unless and until the sale of said certificate and the terms of said sale are approved by the administrator after notice of said proposed sale and the terms thereof have been published in at least one issue of a newspaper published regularly in the county where said real estate is located, or if no newspaper is published in said county, then by posting notice of said proposed sale and the terms thereof at the county courthouse and two other public places in said county.
Source: L. 64: R&RE, p. 730, � 1. C.R.S. 1963: � 137-11-22. L. 85: Entire
section amended, p. 1239, � 15, effective July 1.
C.R.S. § 39-11-136
39-11-136. Treasurer to execute deed - effect. (1) The deed shall be signed by the treasurer in his official capacity and when so signed shall vest in the purchaser all the right, title, interest, and estate of the former owner in and to the land conveyed and also all right, title, interest, and claim of the state and county thereto. Such deed may be acknowledged in the same manner as other deeds to real estate and, if so acknowledged and recorded in the proper county, shall be prima facie evidence of the following facts:
(a) That the real property conveyed was subject to taxation for the year or
years stated in the deed;
(b) That the taxes were not paid at any time before the sale;
(c) That the real property conveyed had not been redeemed from the sale at
the date of the deed;
(d) That the property had been listed and assessed at the time and in the
manner required by law;
(e) That the taxes were levied according to law;
(f) That the tax lien on said property was advertised for sale in the manner
and for the length of time required by law;
(g) That the tax lien on said property was sold for delinquent taxes as stated
in the deed;
(h) That the grantee named in the deed was the purchaser, or the heir at law,
or the assignee of such purchaser;
(i) That the sale was conducted in the manner required by law;
(j) That the deed was properly signed, acknowledged, and delivered by the
treasurer.
(2) All the right, title, interest, and estate conveyed by any such deed
executed before August 1, 1964, by the treasurer shall be deemed to have vested in the purchaser at the time such deed was signed by the treasurer in his official capacity.
(3) Execution of a deed pursuant to this section shall not affect the
existence of any public or private roads, rights-of-way, conservation easements, other easements, or equitable servitudes that run with land and have both benefits and burdens, all as claimed or existing prior to the execution of such deed.
Source: L. 64: R&RE, p. 736, � 1. C.R.S. 1963: � 137-11-36. L. 85: (1)(f) and
(1)(g) amended, p. 1243, � 24, effective July 1. L. 93: (3) added, p. 305, � 4, effective April 7. L. 2001: (3) amended, p. 10, � 1, effective August 8; (3) amended, p. 308, � 1, effective August 8.
Editor's note: Amendments to subsection (3) by House Bill 01-1082 and
House Bill 01-1321 were harmonized.
C.R.S. § 39-11-138
39-11-138. When successor of treasurer shall act. If any treasurer dies, resigns, or is removed from office or his term of office expires after selling any tax liens on any real estate for delinquent taxes and before executing a certificate or deed for the same, his successor in office shall execute such certificate or deed in the same manner that the treasurer making such sale might have done.
Source: L. 64: R&RE, p. 737, � 1. C.R.S. 1963: � 137-11-38. L. 85: Entire
section amended, p. 1243, � 25, effective July 1.
C.R.S. § 39-11-141
39-11-141. Action to determine validity of certificates. Whenever any county or city and county in this state holds tax sale certificates which are believed by the board of county commissioners to be void for irregularity in the assessment of property or sale of a tax lien on property or otherwise, the board of county commissioners of the county or city and county may institute an action in the district court of the county, under the provisions of article 51 of title 13, C.R.S., to have the matter determined as to whether said certificates are void. Such actions shall be brought in the name of the board of county commissioners. Any number of such certificates may be included in one action, and the fee owners of record of the tax liens on the lands on account of the sale of which the certificates were issued shall be made defendants in the action. If any defendant is a nonresident of the state or cannot be found, service of summons may be had upon such defendant in accordance with the provisions of rule 4 of the Colorado rules of civil procedure. If the court, by its decree, finds and determines that any such certificate is void, then the tax lien on the real estate on account of the sale of which such certificate was issued shall be resold for taxes at the next succeeding sale for delinquent taxes; and if the irregularity on account of which such certificate was held void is in the assessment of the property, then the board of county commissioners shall direct the assessor to reassess the same, and, if the delinquent taxes are not thereafter duly paid pursuant to such reassessment, the tax lien on such property shall likewise be sold at the next delinquent tax sale following such reassessment. No appeal shall lie from the final decree of the court in cases brought under this section. No costs of the action shall be assessed against any defendant who files a disclaimer or fails to appear in the action.
Source: L. 64: R&RE, p. 737, � 1. C.R.S. 1963: � 137-11-40. L. 85: Entire
section amended, p. 1244, � 27, effective July 1.
C.R.S. § 39-11-142
39-11-142. Disposition of certificates held by counties. (1) Before July 1, 2024, in cases where a tax lien on real estate has been struck off to the county at tax sales and the county has held the certificate of sale for three years or more, the board of county commissioners may apply for and receive a tax deed in like manner as is provided by law in the case of delinquent tax sale certificates held by individuals. The board of county commissioners, whenever the county becomes entitled to a tax deed, may cause the treasurer to issue, serve, and publish notices, pursuant to law, of application for such tax deed in like manner as in the case of individual certificate holders.
(2) Before July 1, 2024, in cases where the county has held the tax certificate
for five years or more and such real estate is not located within the limits of any incorporated town or city within the said county, the county may include in one request or demand any or all separate parcels of real estate for which it holds tax sale certificates for sales in any one year, and the board of county commissioners may apply for and receive tax deeds therefor. Before July 1, 2024, in cases where the county has held the tax certificate for eight years and in the opinion of the board of county commissioners such real estate is not used, operated, or maintained wholly or in part in the interest or for the benefit of the public, said board shall apply for and receive a tax deed therefor.
(3) Before July 1, 2024, upon making application in the case of tax
certificates held by the counties for five years or more, the treasurer shall not be required to give the notice that a request or demand for tax deed has been made upon him provided for in section 39-11-128. The treasurer, in lieu of such notice, at least sixty days before the day said tax deed issues, shall give notice by registered or certified mail, addressed to the last-known residence of the person in whose name the real estate is assessed for the years during which said taxes have not been paid, that a tax deed has been applied for on the particular described property and that said tax deed will issue on a day certain. Before July 1, 2024, the treasurer shall also post in a public place in the office of the treasurer and on the treasurer's website, at least sixty days before said deed issues, a notice stating that a deed will be issued to the county on the real estate described in said notice. Said notice shall contain the name of the person to whom the property is assessed together with the date said tax deed will issue.
(4) In all cases, the owner of the property shall have the right of redemption
of the property as provided by law.
(5) Any tax deed, when issued to the county, shall be duly recorded, but no
fee shall be required to be paid therefor. Thereafter, the board of county commissioners shall list such property for sale and post such list in the county courthouse and, out of the county general fund, may make such essential repairs thereon and pay such premiums for fire insurance as are necessary for the protection and preservation of any improvements on such property. The board of county commissioners, after a county has acquired such tax deed, in its discretion, may institute and prosecute suits to quiet the title to any such real estate so acquired under such tax deeds.
(6) (a) Before July 1, 2024, in all cases where a tax lien on real property has
been struck off to the county at a tax sale and the county has held the certificate of sale for thirty years or more without obtaining a tax deed as provided in this section, then such certificate may be declared void and of no effect.
(b) Repealed.
(c) Before July 1, 2024, upon being presented with such list, the board of
county commissioners shall determine that the tax liens were struck off to the county, that such certificates of sale relating thereto have been held by the county for thirty years or more, and that no tax deed has been obtained or applied for as provided in this section. Upon making such determination, the board of county commissioners may declare that such certificates are void, and an order to that effect shall be duly entered in the recorded proceedings of the board, which order shall direct the treasurer to cancel such certificates of sale.
(d) Upon receipt of an order of the board of county commissioners declaring
that any certificates of sale are void, the treasurer shall record said order in his records and shall cancel all such certificates specified in said order.
(e) Any action concerning a determination and declaration by a board of
county commissioners made pursuant to this subsection (6) shall be commenced within one year after the date of the board's order, or said action shall be forever barred.
(7) It is the duty of the treasurer at least once each year to prepare and
present, at any regular or special meeting of the board of county commissioners, a list of all tax liens on all real property struck off to the county and all certificates of sale relating thereto, which certificates have been held by the county for three years or more without obtaining a deed or being otherwise disposed of under this article 11 or article 11.5 of this title 39.
Source: L. 64: R&RE, p. 738, � 1. C.R.S. 1963: � 137-11-41. L. 67: p. 802, � 2. L.
85: (1) and (6)(a) to (6)(c) amended, p. 1244, � 28, effective July 1. L. 2020: (1) amended, (6)(b) repealed, and (7) added, (HB 20-1077), ch. 80, p. 328, � 19, effective September 14. L. 2024: (1), (2), (3), (6)(a), (6)(c), and (7) amended, (HB 24-1056), ch. 165, p. 783, � 3, effective July 1.
C.R.S. § 39-11-143
39-11-143. Appraisal - county may retain, lease, or sell - definitions. (1) Whenever real property is conveyed by a treasurer to the county by tax deed under section 39-11-142, the assessor shall annually value the same in the manner prescribed by law for taxable property and shall notify the board of county commissioners of such valuation.
(2) The board of county commissioners has the power to retain for public
projects, rent, lease, or sell such real property as provided in this section.
(2.5) If the board of county commissioners retains such real property for a
present or future public project, as defined in section 30-20-301 (2), C.R.S., it shall pass a resolution describing the project for which the property is retained. The board of county commissioners may rent or lease any lot or parcel retained for a present or future public project in accordance with subsection (3) of this section. For purposes of this section, using property to generate revenue for the county is not a public project.
(3) The board of county commissioners may lease such real property to an
affiliated entity, but no lease shall be for a period exceeding five years. For purposes of this subsection (3), affiliated entity means a nonprofit entity with which the county enters into a contract for the delivery of goods or services to the county or to third parties on behalf of the county.
(4) (a) Any such real property that is not retained or leased in accordance
with subsection (2.5) or (3) of this section shall be sold at public sale by the board of county commissioners within one year after the property is conveyed to the county; except that the board of county commissioners may reject any bid that is less than the value of the property as determined by the assessor. Prior to offering such property for sale, the board of county commissioners shall obtain from the assessor a certificate as to the current actual value and the valuation for assessment of the same. A notice of such sale shall be posted in a public place in the county courthouse at least thirty days before the date of sale, and such notice of sale shall also be advertised in two issues of a newspaper of general circulation in the county in which the property is situated, said newspaper notices to appear one week apart and within the thirty days as above provided. Such notice shall reserve the right upon the part of the board of county commissioners to reject any bid that is less than the value determined by the assessor. Said notice shall be substantially in the following form:
NOTICE
Public notice is hereby given that the following real property acquired by the
County of .............., Colorado, by tax deed, to wit:
(description of property)
will, according to law, be offered at public sale at the county courthouse, .............., Colorado, on the .............. day of .............., 20...., at the hour of .... to the highest and best bidder. The board of county commissioners reserves the right to reject any bid that is less than the current actual value fixed by the county assessor.
..............................................
County Clerk and Recorder.
(a.5) The notice of sale posted pursuant to paragraph (a) of this subsection
(4) shall contain a statement substantially in the following form: If this property is at least fifty years old, it may be eligible for inclusion in the state register of historic properties or designation as a landmark. Such property may be eligible for certain rehabilitation grants and incentives.
(b) Such real property shall be sold at public sale for the highest and best
bid for any lots or parcels, as determined in the discretion of the board of county commissioners; except that the board of county commissioners may reject any bid that is less than the value of the property as determined by the assessor. Such real property may be sold in such lots or parcels and upon such terms of payment as the board of county commissioners deems acceptable, but no deed shall be issued until the purchaser has made payment in full. Upon written application of any person, the board of county commissioners shall offer for sale the property requested by such person to be sold; except that no parcel shall be divided for the purpose of such requested sale unless the board of county commissioners specifically permits such division. The board of county commissioners may, prior to the sale of any lot or parcel, reserve or grant streets, alleys, or roads or utilities or other easements, public or private, under such terms and conditions as it may deem advisable.
(5) Such deeds shall be issued by a commissioner to convey, duly appointed
by the board of county commissioners, which commissioner shall act upon the direction of the board of county commissioners, but such deed shall be issued without covenants of warranty.
(6) The foregoing provisions of this section shall not apply to any city and
county having a population of more than three hundred thousand. Sales and leases by such city and county shall be made in compliance with the applicable provisions of its charter or ordinances. All sales and leases made before August 1, 1964, by such city and county of any real estate acquired by it under tax deeds, whether made or authorized by the board of county commissioners, the mayor of said city and county, or in purported compliance with its charter or ordinances, are deemed valid, and such sales and leases are hereby confirmed. All actions or proceedings to set aside or question the validity of such sales or leases made before August 1, 1964, by such city and county shall be brought within six months from said date and not thereafter. This subsection (6) shall not reinstate any such action or proceeding barred by law before August 1, 1964.
Source: L. 64: R&RE, p. 739, � 1. C.R.S. 1963: � 137-11-42. L. 2004: (1), (2), (3),
and (4) amended and (2.5) added, p. 159, � 2, effective August 4.
C.R.S. § 39-11-144
39-11-144. County lands, prior sales validated. All sales of such real estate made by the board of county commissioners of any county shall be deemed valid, and such sales are hereby confirmed if such sales were made at either public or private sale, whether made by deed issued by the treasurer upon direction of the board of county commissioners or by deed issued by a duly appointed commissioner to convey upon direction of the board of county commissioners.
Source: L. 64: R&RE, p. 741, � 1. C.R.S. 1963: � 137-11-43.
C.R.S. § 39-11-145
39-11-145. Proceeds of sales. All net proceeds from the sale, lease, or other disposition of such real estate so conveyed to the county by the treasurer shall be paid to the treasurer of such county, and the treasurer shall distribute said proceeds to the various taxing jurisdictions in which such real estate is situated in the same proportion that the ad valorem taxes levied by each taxing jurisdiction in the preceding calendar year bears to the total of all ad valorem taxes levied on such real estate in the preceding calendar year.
Source: L. 64: R&RE, p. 741, � 1. C.R.S. 1963: � 137-11-44. L. 69: p. 1127, � 1.
C.R.S. § 39-11-146
39-11-146. Lien of special assessment not affected. Nothing in sections 39-11-143 to 39-11-145 shall be construed to affect in any manner or degree whatsoever the lien of any special assessment to which such real estate and the conveyance thereof by the treasurer is subject under law.
Source: L. 64: R&RE, p. 741, � 1. C.R.S. 1963: � 137-11-45.
C.R.S. § 39-11-148
39-11-148. Limitations on tax certificates - special improvement liens. (1) No lien upon real property created by a tax certificate or a certificate of purchase issued by a treasurer on account of any delinquent property taxes or any special assessment of any kind or nature shall remain a lien thereon for a period longer than fifteen years after the original issuance thereof, except as provided in subsection (3) of this section. This section shall not apply to any tax certificate or certificate of purchase issued to and held by the county, city, city and county, or district levying such tax or special assessment; except that, in the event of an assignment of such tax certificate or certificate of purchase so issued to and held by such county, city, city and county, or district, the lien of such tax certificate or certificate of purchase shall cease fifteen years after the date of its issuance subject only to the provisions of subsection (3) of this section.
(2) No treasurer's deed shall issue on any tax sale evidenced by tax
certificate or certificate of purchase where such tax certificate or certificate of purchase has ceased to be a lien pursuant to the provisions of this section and application for such treasurer's deed is not pending at the time of the expiration of the limitation period provided for in this section.
(3) In the event of an assignment of a tax certificate or certificate of
purchase held by a county, city, city and county, or district levying such tax wherein such certificate is fifteen years old at the time of assignment or will become fifteen years old within one year from the date of such assignment, the assignee thereof shall be entitled to a tax deed in the manner provided by law if such assignee or other legal holder of such certificate institutes proceedings to procure a tax deed by making a demand upon the treasurer for same, as provided by law, within one year from the date of such assignment by the county, city, city and county, or district levying such tax.
(4) Whenever a lien created by a tax certificate has expired by reason of the
provisions of this section, the treasurer shall immediately issue a certificate of cancellation describing the real estate included in the certificate of purchase or tax certificate and giving the date of cancellation, and he shall also make proper entries in the book of sales in his office as follows: Canceled by provision of section 39-11-148, C.R.S., with the date of such entry. He shall also present every such certificate of cancellation to the county clerk and recorder who shall enter the same in the record of land for which a tax lien was sold for delinquent taxes and endorse the date of entry on the certificate of cancellation and file the same, and such certificate and the record thereof shall be prima facie evidence of the cancellation of the certificate of purchase or tax certificate and of the release of the lien of such certificate on the lands therein described. Failure to record such certificate of cancellation shall not extend the lien created by the certificate of purchase or tax certificate. The treasurer and county clerk and recorder shall not be entitled to any fees for the issuing of such certificate of cancellation nor for the entries in their books made under the provisions of this subsection (4).
(5) Whenever a lien created pursuant to a tax certificate becomes
unenforceable pursuant to section 31-25-1119, C.R.S., the treasurer shall immediately issue a certificate of cancellation describing the real estate included in the certificate of purchase or tax certificate indicating thereon the date of cancellation and shall make the appropriate entries in the book of sales in his office, as follows: Canceled by provision of sections 31-25-1119 and 39-11-148, C.R.S., with the date of such entry. He shall present every such certificate of cancellation to the county clerk and recorder who shall enter the same in the record of land for which a tax lien was sold for delinquent taxes and endorse the date of entry on the said certificate of cancellation and file the same, and such certificate and the record thereof shall be prima facie evidence of the cancellation of the certificate of purchase or tax certificate and of the release of the lien of such certificate on the lands therein described. Failure to record such certificate of cancellation shall not extend the lien created by the certificate of purchase or tax certificate. The treasurer and county clerk and recorder shall not be entitled to any fees for the issuing and recording of such certificate of cancellation nor for the entries in their books made under the provisions of this subsection (5).
Source: L. 64: R&RE, p. 742, � 1. C.R.S. 1963: � 137-11-47. L. 67: p. 802, �� 3,
- L. 81: (5) amended, p. 1627, � 40, effective July 1. L. 85: (4) and (5) amended, p. 1245, � 29, effective July 1.
C.R.S. § 39-12-112
39-12-112. Allowance for erroneous assessments. The state treasurer shall allow each treasurer to take credit for the amount of state tax that may have been refunded to the taxpayer as double or erroneous assessments or refunded to the purchaser of a tax lien on real estate which lien was erroneously sold.
Source: L. 64: R&RE, p. 747, � 1. C.R.S. 1963: � 137-12-12. L. 85: Entire section
amended, p. 1250, � 40, effective July 1.
C.R.S. § 39-20-103
39-20-103. When holder of prior lien may file action. (1) A person having a lien upon or any interest in any real estate referred to in section 39-20-102 under or by virtue of any instrument that has been duly filed of record, in the office of the county clerk and recorder of the county where the real estate is located, prior to the filing of the statement or notice that created a lien upon such real property for taxes or any person purchasing such real estate at a sale to satisfy such prior lien or interest may make written request to the executive director of the department of revenue to file a civil action as provided in section 39-20-102. If no civil action has been commenced as provided in section 39-20-102 within two months after receipt by the executive director of the written request, the person or purchaser may file a civil action in the district court of any county where any such real property is situated asking for a final determination of all claims of the state of Colorado to and all liens of the state of Colorado upon the real estate in question. Service of the process in such action upon the state of Colorado shall be made upon the executive director of the department of revenue or upon one of his or her deputies. Permission is given for the state of Colorado to be so sued. The court shall in such civil action adjudicate the matters involved therein in the same manner as in the case of civil actions filed under section 39-20-102.
(2) Except for liens with priority pursuant to section 39-22-604, a lien for
taxes due the state of Colorado may be divested by a foreclosure pursuant to article 38 of title 38, C.R.S., in the same manner as other lienors with liens upon the property being foreclosed. The state of Colorado shall have the same redemption rights as other lienors in such a foreclosure. A person foreclosing a deed of trust or other lien with priority over a lien for taxes due the state of Colorado in a foreclosure under article 38 of title 38, C.R.S., shall not be required to make a written request or to commence a civil action pursuant to subsection (1) of this section.
Source: L. 43: p. 507, � 2. CSA: C. 142, � 280(2). CRS 53: � 138-7-3. C.R.S.
1963: � 138-6-3. L. 2006: Entire section amended, p. 1479, � 34, effective July 1.
C.R.S. § 39-22-303.9
39-22-303.9. Apportionment of the income of a taxpayer with enterprise data center operations in the state - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Capital investment means the:
(I) Purchase and construction of real estate; or
(II) Purchase and deployment of capital equipment, machines, building
systems, infrastructure, or other depreciable assets, including capital leases.
(b) Enterprise data center operation means a business that:
(I) Physically houses information technology equipment such as servers,
switches, routers, data storage devices, or related equipment;
(II) Manages and processes digital data and information to provide
application services or management for data processing, such as web hosting, internet, intranet, telecommunication, and information technology services;
(III) Is owned by a taxpayer; and
(IV) Is operated substantially for the taxpayer's own use.
(c) Office of economic development or office means the Colorado office
of economic development created in section 24-48.5-101.
(d) Person has the same meaning as provided in section 39-21-101 (3).
(e) Taxpayer means a person or an affiliated group of C corporations
authorized to elect to make a consolidated return under section 39-22-305, and an affiliated group as defined in section 39-22-303 (12).
(2) Notwithstanding any provision of section 39-22-303.5, for taxable years
commencing on or after the July 1 in the year in which the office provides written certification to the taxpayer and to the department of revenue that the requirements described in subsection (3)(a) of this section have been met by the taxpayer, but no sooner than the taxable year commencing July 1, 2018, pursuant to the schedule set by the office as described in subsection (3)(c)(II) of this section, in apportioning the income of a taxpayer with enterprise data center operations in the state, sales from services are Colorado sales for purposes of section 39-22-303.5 (4)(c)(I) to the extent such sales constitute revenues from services that are delivered to the taxpayer's customer's location in the state, as demonstrated by the customer's billing address.
(3) (a) Except as provided in subsection (3)(d) of this section, if a taxpayer
makes a capital investment in an enterprise data center operation in the state as described in subsection (3)(b) of this section and enters into a memorandum of understanding with the office as described in subsection (3)(c) of this section, then the taxpayer is authorized to use the apportionment method set forth in subsection (2) of this section pursuant to the schedule set forth in the memorandum of understanding when the capital investment is fully funded.
(b) The taxpayer shall make a capital investment in an enterprise data center
in the state equal to at least one hundred fifty million dollars within any consecutive five-year period commencing on or after January 1, 2013.
(c) (I) The taxpayer shall enter into a memorandum of understanding with the
office that sets forth:
(A) The amount of the capital investment;
(B) The specific consecutive five-year period in which the capital investment
will occur;
(C) The minimum number of net new employees that will be hired by the
taxpayer; and
(D) Any other investments or actions on the part of the taxpayer that will
support the economic development of the state.
(II) The memorandum of understanding must include a schedule, to be set by
the office, that incrementally transitions the taxpayer, over a period not to exceed eight years, to the apportionment method described in subsection (2) of this section.
(III) When negotiating the terms of the memorandum of understanding with
the taxpayer, the office may seek input from the department of revenue. The department of revenue shall provide taxpayer-specific information that will assist the office in setting the terms of the memorandum of understanding. Notwithstanding section 39-21-113, it is lawful for the department of revenue to provide such taxpayer-specific information to the office. The office shall not disclose taxpayer-specific information to the public that it receives pursuant to this subsection (3)(c)(III) and subsection (3)(c)(V) of this section and shall keep such taxpayer-specific information confidential. All employees of the office are subject to the limitations set forth in section 39-21-113 (4) and the penalties set forth in section 39-21-113 (6).
(IV) (A) The memorandum of understanding must be signed by the office and
the taxpayer no later than one year after the last year of the consecutive five-year capital investment period described in subsection (3)(b) of this section.
(B) When the taxpayer fully funds the capital investment and signs the
memorandum of understanding, the office shall provide written certification to the taxpayer and the department of revenue that the requirements described in subsection (3)(a) of this section have been met by the taxpayer and the taxpayer shall attach a copy of the signed memorandum of understanding with its tax return in order to provide the department of revenue with the transition schedule described in subsection (3)(c)(II) of this section for the apportionment method.
(V) The taxpayer shall provide any information required by the office for the
office to determine compliance with the terms of the memorandum of understanding.
(VI) The office and the department of revenue have the right to audit
compliance with the memorandum of understanding and review any information provided by the taxpayer pursuant to the memorandum of understanding or requested by the office as allowed under subsection (3)(c)(V) of this section.
(d) If the taxpayer fails to fully fund the capital investment or fails to fulfill
the obligations established in the memorandum of understanding, the taxpayer may no longer use the apportionment method set forth in subsection (2) of this section and apportionment shall be determined pursuant to section 39-22-303.5.
(4) Notwithstanding section 24-1-136 (11), on November 1, 2019, and each
November 1 thereafter, the office and the department of revenue shall submit a report to the finance committee of the house of representatives and the finance committee of the senate, or any successor committees, that includes a summary of the use of this section, the capital investments made, and the number of memoranda of understanding entered into and that includes an update on the use of market-based apportionment in the state.
Source: L. 2017: Entire section added, (SB 17-299), ch. 318, p. 1710, � 1,
effective August 9.
C.R.S. § 39-22-4703
39-22-4703. Definitions. As used in this part 47, unless the context otherwise requires:
(1) Account holder means an individual who establishes an account with a
financial institution that is designated as a first-time home buyer savings account in accordance with section 39-22-4704.
(2) Department means the department of revenue.
(3) Eligible expenses means a down payment and any closing costs
included on a real estate settlement statement, including, but not limited to, appraisal fees, mortgage origination fees, and inspection fees.
(4) Financial institution means any state bank, state trust company,
savings and loan association, federally chartered credit union doing business in Colorado, credit union chartered by the state of Colorado, national bank, broker-dealer, mutual fund, insurance company, or other similar financial entity qualified to do business in the state of Colorado.
(5) First-time home buyer means an individual who:
(a) Has never owned or purchased under contract for deed, either
individually or jointly, a single-family, owner-occupied primary residence, including, but not limited to, a condominium unit or a manufactured or mobile home that is assessed and taxed as real property; or
(b) As a result of the individual's dissolution of marriage, has not been listed
on a property title for at least three consecutive years or more.
(6) First-time home buyer savings account or account means an account
with a financial institution designated as such in accordance with section 39-22-4704 (1).
(7) Qualified beneficiary means a first-time home buyer designated by an
account holder for whom the money in a first-time home buyer savings account is or will be used for eligible expenses for the purchase of his or her primary residence in the state.
Source: L. 2016: Entire part added, (HB 16-1467), ch. 321, p. 1302, � 2,
effective August 10.
C.R.S. § 39-22-503
39-22-503. Taxation of real estate investment trusts - definitions. (1) (a) For purposes of this article, a real estate investment trust shall have the same meaning as set forth in section 856 of the internal revenue code.
(b) For purposes of this article, the net income of a real estate investment
trust in each year in which the trust is taxed as a real estate investment trust for federal income tax purposes shall be the real estate investment trust taxable income of the trust as computed for federal income tax purposes and adjusted as provided in section 39-22-304 (2) and (3).
(2) (a) For purposes of this article, a captive real estate investment trust
means a real estate investment trust of which the shares or beneficial interests are not regularly traded on an established securities market and of which more than fifty percent of the voting power or value of the beneficial interests or shares are owned or controlled, directly, indirectly, or constructively, by a single entity that is:
(I) Treated as an association taxable as a corporation under the internal
revenue code; and
(II) Not exempt from federal income tax pursuant to the provisions of section
501 (a) of the internal revenue code.
(b) A captive real estate investment trust shall not include a real estate
investment trust that is intended to be regularly traded on an established securities market and that satisfies the requirements of section 856 (a)(5) and (a)(6) of the internal revenue code by reason of section 856 (h)(2) of the internal revenue code; except that, if such real estate investment trust does not become regularly traded on an established securities market within one year of the date on which it first becomes a real estate investment trust, such real estate investment trust shall be deemed to be a captive real estate investment trust.
(3) For purposes of this section, the constructive ownership rules of section
318 (a) of the internal revenue code, as modified by section 856 (d)(5) of the internal revenue code, shall apply in determining the ownership of stock, assets, or net profits of any person.
(4) For purposes of this section, unless the context otherwise requires:
(a) Association taxable as a corporation under the internal revenue code
shall not include:
(I) Any real estate investment trust other than a captive real estate
investment trust;
(II) Any qualified real estate investment trust subsidiary other than a
qualified real estate investment trust subsidiary of a captive real estate investment trust;
(III) Any listed Australian property trust; or
(IV) Any qualified foreign entity.
(b) Australian property trust means an Australian unit trust registered as a
managed investment scheme under the Australian corporations act in which the principal class of units is listed on a recognized stock exchange in Australia and is regularly traded on an established securities market or an entity organized as a trust, provided that a listed Australian property trust owns or controls, directly or indirectly, seventy-five percent or more of the voting power or value of the beneficial interests or shares of such trust.
(c) Qualified foreign entity means a corporation, trust, association, or
partnership that is organized outside the laws of the United States and that satisfies the following criteria:
(I) At least seventy-five percent of the entity's total asset value at the close
of its taxable year is represented by real estate assets as defined in section 856 (c)(5)(B) of the internal revenue code, cash and cash equivalents, or United States government securities;
(II) The entity is not subject to tax on amounts distributed to its beneficial
owners or is exempt from entity-level taxation;
(III) The entity distributes at least eighty-five percent of its taxable income,
as computed in the jurisdiction in which it is organized, to the holders of its shares or certificates of beneficial interest on an annual basis;
(IV) Not more than ten percent of the voting power or value in such entity is
held, directly, indirectly, or constructively, by a single entity or individual, or the shares or beneficial interests of such entity are regularly traded on an established securities market; and
(V) The entity is organized in a country that has a tax treaty or agreement
with the United States.
(d) Qualified real estate investment trust subsidiary has the same meaning
as set forth in section 856 (i) of the internal revenue code.
Source: L. 64: R&RE, p. 777, � 1. C.R.S. 1963: � 138-1-58. L. 91: Entire section
amended, p. 1986, � 2, effective April 20. L. 2009: Entire section amended, (HB 09-1093), ch. 75, p. 269, � 3, effective April 2.
Cross references: For the legislative declaration contained in the 2009 act
amending this section, see section 1 of chapter 75, Session Laws of Colorado 2009.
C.R.S. § 39-22-507.5
39-22-507.5. Credits against tax - investment in certain property - repeal. (1) Except as otherwise provided in this section, there shall be allowed to any person as a credit against the tax imposed by this article 22, for income tax years commencing on or after January 1, 1979, but prior to January 1, 2023, an amount equal to the total of:
(a) Investment tax credit carryovers claimed by such person for such taxable
year;
(b) Ten percent of that part of the credit allowed for the same income tax
year by section 38 of the internal revenue code, as determined under the provisions of section 46 of the internal revenue code, without regard to the limitations imposed by said section 38, to the extent such part of such credit is determined by reference to property which is used in Colorado; and
(c) Investment tax credit carrybacks claimed by such person for such
taxable year.
(1.5) For taxable years beginning on or after January 1, 1987, the provisions of
paragraph (b) of subsection (1) of this section shall apply only with respect to taxes imposed by part 3 of this article.
(2) The executive director shall promulgate regulations which will prescribe
the extent to which property must be used in Colorado to qualify for the credit allowed under the provisions of subsection (1) of this section, which regulations shall include a method or methods of determining what portion of the property shall qualify in the case of property which is used both within and without Colorado.
(3) The credit allowed by this section for any income tax year shall not
exceed:
(a) The taxpayer's actual tax liability for the income tax year to the extent
such liability does not exceed five thousand dollars; plus
(b) Twenty-five percent of that portion of said tax liability for the income tax
year which exceeds five thousand dollars.
(4) Repealed.
(5) In the case of a controlled group of corporations, as defined in section
1563 (a) of the internal revenue code, the five thousand dollars specified in subsection (3) of this section shall be apportioned among the members of the controlled group as they may elect. The election shall apply to the income tax year of the members of the controlled group ending with or including a common December 31. Should such members fail to agree on an allocation of the five thousand dollars, said five thousand dollars shall be divided equally among all members of the controlled group.
(6) In the case of a regulated investment company or a real estate
investment trust, the five thousand dollars referred to in subsection (3) of this section shall be reduced to an amount which shall be five thousand dollars multiplied by the taxable income for the income tax year and divided by the taxable income for the income tax year plus the amount of the deduction for dividends paid.
(7) If the amount of the credit allowed by paragraph (b) of subsection (1) of
this section exceeds the amount of the limitation imposed by subsection (3) of this section reduced by the credit allowed by paragraph (a) of subsection (1) of this section for any income tax year, referred to in this subsection (7) as the unused credit year, such excess shall be:
(a) An investment tax credit carryback to each of the three income tax years
preceding the unused credit year; except that no credit shall be carried back to an income tax year commencing prior to January 1, 1979; and
(b) An investment tax credit carryover to each of the seven income tax years
following the unused credit year.
(8) No carryover or carryback of unused investment credit will be allowed in
the case of a taxable cooperative as defined in section 1381 (a) of the internal revenue code.
(9) (a) For any income tax year beginning on or after January 1, 1979, if any
taxpayer is required to redetermine the credit allowed by section 38 of the internal revenue code due to the provisions of section 47 of the internal revenue code, such taxpayer must redetermine the credit allowed by subsection (1) of this section for the same income tax year. If the redetermination results in a reduction of the credit allowed by this section for the income tax year or for any income tax year to which the credit was carried back or carried forward, the reduction shall constitute an increase in the tax imposed by this article for the income tax year during which the disposition or reclassification of the nature of the property occurs, and the amount of any unused investment tax credit carryback or carryover must be redetermined as appropriate. The increase in tax shall not be included as tax liability for the purposes of subsection (3) of this section.
(b) If, during any income tax year which commences on or after May 26,
1983, section 38 property which was first placed in service by the taxpayer in a taxable year beginning on or after January 1, 1982, is disposed of by or otherwise ceases to be such property with respect to the taxpayer before the close of the property's recapture period, as determined for federal income tax purposes, the credit allowed by this section and the decrease, if any, in the investment tax credit carryback or carryover with respect to the property shall be redetermined in accordance with the recapture percentage table contained in:
(I) Section 47 (a) of the internal revenue code, as it existed immediately prior
to the enactment of the federal Revenue Reconciliation Act of 1990, for such property which was disposed of by or otherwise ceased to be such property with respect to the taxpayer prior to January 1, 1991; or
(II) Section 50 (a) of the internal revenue code for such property which is
disposed of by or otherwise ceases to be such property with respect to the taxpayer on or after January 1, 1991.
(10) and (11) Repealed.
(12) In lieu of the amount of the investment tax credit allowed by subsection
(1) of this section, a person who has invested in property used in an enterprise zone, as designated pursuant to section 39-30-103, shall be allowed a credit in the amount designated in section 39-30-104, subject to the terms and conditions of that section.
(13) This section is repealed, effective July 1, 2031.
Source: L. 79: Entire section added, p. 1441, � 28, effective July 3. L. 80: (10)
added, p. 724, � 18, effective May 1. L. 81: (11) added, p. 1871, � 3, effective June 29. L. 82: (1)(b) amended, p. 565, � 1, effective March 17. L. 83: (9) amended, p. 1514, � 8, effective May 26. L. 86: (1)(b) amended, p. 1124, � 1, effective April 3; (12) added, p. 1142, � 2, effective July 1. L. 87: (1)(b), (5), and (8) amended, (1.5) added, and (4), (10), and (11) repealed, pp. 1447, 1457, �� 18, 31, effective June 22. L. 91: (1)(b) and (9)(b) amended, p. 1987, � 5, effective April 20. L. 2004: (3)(a) and (9)(a) amended, p. 211, � 36, effective August 4. L. 2007: (3)(a) and (9)(a) amended, p. 352, � 7, effective August 3. L. 2022: IP(1) amended and (13) added, (HB 22-1025), ch. 145, p. 946, � 6, effective August 10.
Cross references: For the federal Revenue Reconciliation Act of 1990, see
Pub.L. 101-508.
C.R.S. § 39-22-514
39-22-514. Tax credit for qualified costs incurred in preservation of historic properties. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), for income tax years commencing on or after January 1, 1991, but prior to January 1, 2020, there shall be allowed a credit with respect to the income taxes imposed pursuant to the provisions of this article to each taxpayer:
(I) Who is the owner or qualified tenant of qualified property and who incurs
qualified costs in an amount equaling or exceeding five thousand dollars in the qualified rehabilitation of such qualified property; or
(II) Who is allowed a credit for costs incurred in the rehabilitation of property
located in Colorado pursuant to the provisions of section 38 of the internal revenue code.
(b) Any taxpayer who is allowed a credit for qualified expenditures incurred
in the rehabilitation of property pursuant to the provisions of section 39-30-105.6 shall not be allowed the credit provided in paragraph (a) of this subsection (1).
(2) (a) The credit provided for in paragraph (a) of subsection (1) of this section
shall not exceed an aggregate of fifty thousand dollars per qualified property or an amount equal to twenty percent of the aggregate qualified costs incurred per qualified property, whichever is less.
(b) (Deleted by amendment, L. 99, p. 1278, � 1, effective June 3, 1999.)
(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3)
and subsection (6) of this section, in order for any taxpayer to qualify for the credit provided for in paragraph (a) of subsection (1) of this section, the taxpayer shall:
(I) Except as otherwise provided in this subparagraph (I), submit a fee of two
hundred fifty dollars, the plans and specifications for such proposed restoration, rehabilitation, or preservation, and a signed agreement, if any, specified in subsection (4) of this section to the appropriate reviewing entity and receive preliminary approval, in writing, from said reviewing entity stating that such proposed restoration, rehabilitation, or preservation constitutes qualified rehabilitation. In the discretion of the reviewing entity, the fee imposed pursuant to this subparagraph (I) may be reduced or eliminated when the amount of qualified costs expected to be incurred in connection with the restoration, rehabilitation, or preservation is less than fifteen thousand dollars. If any restoration, rehabilitation, or preservation has commenced prior to the submission of the application fee, plans and specifications, and signed agreement, if any, pursuant to the provisions of this subparagraph (I), the taxpayer shall also submit documentation satisfactory to the reviewing entity indicating the condition of the qualified property prior to commencement of the rehabilitation, including, but not limited to, photographs of the property and written declarations from persons knowledgeable about the property. For the purposes of this subparagraph (I), any owners of qualified property and any qualified tenants leasing said qualified property who wish to qualify for the credit provided for in paragraph (a) of subsection (1) of this section for said qualified property may jointly submit the fee and the plans and specifications, or such owners may submit the fee, the plans and specifications, and a list of qualified tenants leasing said qualified property and, if such owners or tenants have commenced restoration, rehabilitation, or preservation prior to the submission of the application fee, plans and specifications, and signed agreement, if any, pursuant to the provisions of this subparagraph (I), they shall also jointly submit such documentation as is required pursuant to this subparagraph (I).
(II) Except as otherwise provided in subsection (5) of this section, complete
the qualified rehabilitation of the qualified property within a period of twenty-four months from the date upon which preliminary approval was given pursuant to the provisions of subparagraph (I) of this paragraph (a);
(III) Obtain a form from the reviewing entity verifying compliance with the
provisions of this subsection (3). If more than one of the taxpayers have complied with the provisions of this subsection (3) for the same qualified property, the reviewing entity shall issue such verification form to each such taxpayer, and such verification form shall specify the proportion of the amount of the tax credit allowed to such taxpayer as determined pursuant to the provisions of subsection (4) of this section. The reviewing entity shall issue said verification form only upon the submittal of an accounting of total qualified costs incurred in said qualified rehabilitation and the names of the owners and qualified tenants who incurred such qualified costs, the payment of a fee in an amount determined pursuant to the provisions of paragraph (a) of subsection (11) of this section, and the making of the determination that such completed qualified rehabilitation:
(A) Conforms to the plans and specifications approved pursuant to
subparagraph (I) of this paragraph (a);
(B) Was completed within the appropriate period of time; and
(C) Preserves and maintains those qualities of such qualified property which
made it eligible for inclusion individually or as a contributing property in a district in the state register of historic places or for designation as a landmark or as a contributing property in a historic district by a certified local government.
(IV) Submit the verification form obtained pursuant to the provisions of
subparagraph (III) of this paragraph (a) with the income tax return being filed by the taxpayer for the income tax year in which such qualified rehabilitation is completed.
(b) The provisions of paragraph (a) of this subsection (3) shall not apply to
any taxpayer who is allowed a credit for costs incurred in the rehabilitation of property located in Colorado pursuant to the provisions of section 38 of the internal revenue code.
(4) When more than one taxpayer qualify for the tax credit provided for in
paragraph (a) of subsection (1) of this section for the same qualified property, the amount of the tax credit allowed pursuant to the provisions of this section shall be divided pro rata according to the number of such taxpayers unless a binding agreement has been filed with the reviewing entity, as specified in subparagraph (I) of paragraph (a) of subsection (3) of this section, that is signed by all of the taxpayers who qualify for said tax credit for the same qualified property and that specifies the manner in which the amount of the tax credit allowed is to be divided among such taxpayers. Nothing in this subsection (4) shall preclude the state income tax credit created pursuant to this section from being allocated among taxpayers in a different manner than the allocation of any credit claimed pursuant to section 38 of the internal revenue code.
(5) The reviewing entity may grant, upon request, a one-time extension of
the completion deadline specified in subparagraph (II) of paragraph (a) of subsection (3) of this section. Such extension shall be for a period not to exceed twenty-four months and shall be granted only upon a showing of good cause.
(6) (a) (I) Any taxpayer who was given preliminary approval prior to January 1,
2020, pursuant to the provisions of subparagraph (I) of paragraph (a) of subsection (3) of this section; whose completion deadline as set forth in subparagraph (II) of paragraph (a) of subsection (3) and in subsection (5) of this section is subsequent to December 31, 2019; and who has not completed the qualified rehabilitation prior to January 1, 2020, shall, in order to qualify for the credit provided for in paragraph (a) of subsection (1) of this section, obtain a form from the reviewing entity verifying compliance with the provisions of subparagraph (I) of paragraph (a) of subsection (3) of this section and this subsection (6). If more than one of the taxpayers have complied with said provisions for the same qualified property, the reviewing entity shall issue such verification form to each such taxpayer, and such verification form shall specify the proportion of the amount of the tax credit allowed to such taxpayer as determined pursuant to subsection (4) of this section.
(II) The reviewing entity shall issue said verification form only upon the
submittal of an accounting of total qualified costs incurred in said qualified rehabilitation prior to January 1, 2020, and the names of the owners and qualified tenants who incurred such qualified costs, the payment of a fee in an amount determined pursuant to the provisions of paragraph (a) of subsection (11) of this section, and the making of the determination that the portion of such qualified rehabilitation that was completed as of January 1, 2020:
(A) Conforms to the plans and specifications approved pursuant to
subparagraph (I) of paragraph (a) of subsection (3) of this section; and
(B) Preserves and maintains those qualities of such qualified property which
made it eligible for inclusion individually or as a contributing property in a district in the state register of historic places or for designation as a landmark or as a contributing property in a historic district by a certified local government.
(III) The taxpayer shall submit the verification form obtained pursuant to this
paragraph (a) with the income tax return being filed by the taxpayer for the income tax year commencing on or after January 1, 2019, but prior to January 1, 2020.
(b) (Deleted by amendment, L. 99, p. 1278, � 1, effective June 3, 1999.)
(7) (a) Except as otherwise provided in paragraph (b) of this subsection (7), if
the amount of the credit allowed pursuant to the provisions of this section exceeds the amount of income taxes otherwise due on the income of the taxpayer in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not exceeding ten years and shall be applied first to the earliest income tax years possible. Any amount of the credit that is not used after said period shall not be refundable to the taxpayer.
(b) Any taxpayer who has refunded an amount pursuant to the provisions of
subsection (8) of this section shall no longer be eligible to carry forward any amount of the credit which had not been used as of the date such refund is made.
(8) Notwithstanding any other law to the contrary, if any taxpayer who is the
owner of qualified property and who has claimed the credit pursuant to the provisions of this section sells such qualified property within five years of the completion of the qualified rehabilitation or if any taxpayer who is a qualified tenant leasing qualified property and who has claimed the credit pursuant to the provisions of this section terminates the lease of such qualified property within five years of the completion of the qualified rehabilitation, the taxpayer shall refund the amount of the credit which has been used to offset income taxes which exceeds the following amounts:
(a) Within the first year, an amount equal to zero percent of the amount of
the credit allowed;
(b) Within the second year, an amount equal to twenty percent of the amount
of the credit allowed;
(c) Within the third year, an amount equal to forty percent of the amount of
the credit allowed;
(d) Within the fourth year, an amount equal to sixty percent of the amount of
the credit allowed;
(e) Within the fifth year, an amount equal to eighty percent of the amount of
the credit allowed.
(9) Within eight months after April 20, 1990, the state historical society shall
create appropriate forms and shall establish and promulgate criteria and procedures by which the restoration, rehabilitation, and preservation of qualified properties shall be determined to be qualified rehabilitation for the purposes of the credit provided for in paragraph (a) of subsection (1) of this section.
(10) (a) Each certified local government shall adopt a resolution stating
whether such certified local government will act as a reviewing entity for the purposes of subsections (3) and (6) of this section. A copy of such resolution shall be sent to the state historic preservation officer.
(b) Any certified local government which has decided to act as a reviewing
entity for any given year for the purposes of subsections (3) and (6) of this section shall be required to perform all duties and responsibilities pursuant to said subsections (3) and (6) for all qualified rehabilitations which received preliminary approval from said reviewing entity during such year.
(11) (a) The amount of the fee required to be paid pursuant to the provisions
of subparagraph (III) of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section shall be an amount equal to the appropriate amount determined pursuant to the following schedule minus the amount of the fee paid pursuant to subparagraph (I) of paragraph (a) of subsection (3) of this section; except that, in the discretion of the reviewing entity, the fee imposed pursuant to this paragraph (a) may be reduced or eliminated where the amount of the qualified costs incurred is less than fifteen thousand dollars:
Amount of qualified costs incurredAmount of fee
$5,000 up to and including $15,000$ 250
Over $15,000 up to and including $50,000$ 500
Over $50,000 up to and including $100,000$ 750
Over $100,000$ 1,000
(b) (I) Any certified local government which has decided to act as a reviewing
entity for the purposes of subsections (3) and (6) of this section shall create a preservation fund. All fees collected pursuant to the provisions of subparagraphs (I) and (III) of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section by a certified local government shall be credited to the preservation fund of such certified local government. The moneys in such fund shall be used for expenditures of such certified government incurred in the performance of its duties pursuant to the provisions of this section.
(II) All fees collected pursuant to the provisions of subparagraphs (I) and (III)
of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section by the state historic preservation officer shall be transmitted to the state treasurer, who shall credit said fees to the state historic preservation fund, which fund is hereby created. The moneys in the state historic preservation fund shall be subject to annual appropriation by the general assembly to the state historical society for expenditures of the state historic preservation officer and the state historical society incurred in the performance of their duties pursuant to the provisions of this section and for expenditures incurred in the administration and general operations of the state historical society.
(11.5) Notwithstanding the amount specified for any fee in this section, the
executive director by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(11.7) (a) If the revenue estimate prepared by the staff of the legislative
council in December 2010 and each December thereafter indicates that the amount of the total general fund revenues for that particular fiscal year will not be sufficient to grow the total state general fund appropriations by six percent over such appropriations for the previous fiscal year, then the credit authorized in this section shall not be allowed for any income tax year commencing during the calendar year following the year in which the estimate is prepared; except that any taxpayer who would have been eligible to claim a credit pursuant to this section in the income tax year in which the credit is not allowed shall be allowed to claim the credit earned in such income tax year in the next income tax year in which the estimate indicates that the amount of the total general fund revenues will be sufficient to grow the total state general fund appropriations by six percent over such appropriations for the previous fiscal year.
(b) The department of revenue shall, through its website, specify on or
before January 1, 2011, and on or before each January 1 thereafter, whether the credit authorized in this section shall be allowed for a given income tax year pursuant to paragraph (a) of this subsection (11.7).
(12) As used in this section, unless the context otherwise requires:
(a) Certified local government means any local government certified by the
state historic preservation officer pursuant to the provisions of 54 U.S.C. sec. 302502, as amended.
(b) Contributing property means property which by location, design,
setting, materials, workmanship, feeling, and association adds to the sense of time, place, and historical development of a historic district.
(c) Designated means established by local preservation ordinance.
(d) Property means a building or structure or a unit of a multiunit building
where such units are individually owned.
(e) Qualified costs means costs associated with the qualified rehabilitation
of a qualified property. Qualified costs includes, but is not limited to, costs associated with demolition, carpentry, sheetrock, plaster, painting, ceilings, fixtures, doors and windows, fire sprinkler systems, roofing and flashing, exterior repair, cleaning, tuckpointing, and cleanup. Qualified costs does not include costs, commonly referred to as soft costs, which include, but are not limited to, costs associated with appraisals; architectural, engineering, and interior design fees; legal, accounting, and realtor fees; loan fees; sales and marketing; closing; building permit, use, and inspection fees; bids; insurance; project signs and phones; temporary power; bid bonds; copying; and rent loss during construction. Qualified costs also does not include, but shall not be limited, costs associated with acquisition; interior furnishings; new additions except as may be required to comply with building and safety codes; excavation; grading; paving; landscaping; routine or periodic maintenance; repairs to outbuildings which are associated with a qualified property and which are less than fifty years old; and repairs to additions made to a qualified property after such property was included individually or as a contributing property in a district in the state register of historic places or was designated as a landmark or as a contributing property in a historic district by a certified local government.
(f) Qualified property means property located in Colorado which is:
(I) At least fifty years old; and
(II) (A) Listed individually or as a contributing property in a district on the
state register of historic properties pursuant to the provisions of article 80.1 of title 24, C.R.S.;
(B) Designated as a landmark by a certified local government; or
(C) Listed as a contributing property within a designated historic district of a
certified local government.
(g) Qualified rehabilitation means any exterior improvements, structural
improvements, mechanical improvements, plumbing improvements, or electrical improvements undertaken to restore, rehabilitate, or preserve the historic character of a qualified property which meets the standards of rehabilitation of the United States secretary of the interior as adopted by the state historic preservation officer and certified local governments pursuant to federal law; but shall not include any improvements undertaken due to normal wear and tear which occurred to a qualified property. As used in this paragraph (g), exterior improvements includes, but is not limited to, improvements made to the exterior of the qualified property and to the exterior of any historic outbuildings which are associated with the qualified property and which are fifty or more years old. Exterior improvements does not include enlargements, additions, landscaping, routine or periodic maintenance, paving, and site work.
(h) Qualified tenant means a taxpayer who holds a lease of five years or
longer on qualified property or a portion of such qualified property.
(i) Reviewing entity means:
(I) A certified local government which has decided pursuant to the provisions
of paragraph (a) of subsection (10) of this section to perform the duties specified in subparagraph (I) of paragraph (a) of subsection (3) of this section; or
(II) The state historic preservation officer when such qualified property either
is not located within the jurisdiction of any certified local government or is located within the jurisdiction of any certified local government who has decided pursuant to the provisions of paragraph (a) of subsection (10) of this section not to perform the duties specified in subparagraph (I) of paragraph (a) of subsection (3) of this section.
(j) State historic preservation officer means the person designated and
appointed pursuant to the provisions of 54 U.S.C. sec. 302301, as amended.
(k) Taxpayer means:
(I) A resident individual; or
(II) A domestic or foreign corporation subject to the provisions of part 3 of
this article.
Source: L. 90: Entire section added, p. 1730, � 1, effective April 20. L. 94: (1)(a)
and (6)(a) amended, p. 1369, � 1, effective May 25. L. 98: (11.5) added, p. 1347, � 82, effective June 1. L. 99: IP(1)(a), (2), IP(3)(a), (3)(a)(I), (4), (6), (7)(a), (10)(a), and (11)(a) amended, p. 1278, � 1, effective June 3. L. 2008: IP(1)(a), (6)(a)(I), IP(6)(a)(II), (6)(a)(III), and (10)(a) amended and (11.7) added, p. 2266, � 1, effective August 5. L. 2009: (11.7)(a) amended, (SB 09-228), ch. 410, p. 2265, � 19, effective July 1; (6)(a)(I) amended, (SB 09-292), ch. 369, p. 1980, � 114, effective August 5. L. 2024: (12)(a) and (12)(j) amended, (HB 24-1450), ch. 490, p. 3425, � 78, effective August 7.
Cross references: For additional funding by the general assembly to the
state historical society, see � 24-80-202.5.
C.R.S. § 39-22-522
39-22-522. Credit against tax - conservation easements - definitions - repeal. (1) For purposes of this section:
(a) For income tax years commencing prior to January 1, 2021, taxpayer
means a resident individual or a domestic or foreign corporation subject to the provisions of part 3 of this article, a partnership, S corporation, or other similar pass-through entity, estate, or trust that donates a conservation easement as an entity, and a partner, member, and subchapter S shareholder of such pass-through entity.
(b) For income tax years commencing on or after January 1, 2021, taxpayer
means any person or entity filing a state income tax return or a domestic or foreign corporation subject to the provisions of part 3 of this article 22, a partnership, S corporation, or other similar pass-through entity, estate, trust, nonprofit entity, or an entity that has authority to conduct water activities, as defined by section 37-45.1-102 (3) and created pursuant to article 41, 45, 46, 47, 48, or 50 of title 37, or article 42 of title 7, that conveys a conservation easement in gross pursuant to section 38-30.5-104. A ditch or reservoir company formed pursuant to article 42 of title 7, or otherwise, is entitled to act on its own behalf in granting a conservation easement and earning and transferring tax credits under this section, whether or not any of its shareholders or members are governmental entities.
(2) (a) For income tax years commencing on or after January 1, 2000, but
prior to January 1, 2014, and, with regard to any credit over the amount of one hundred thousand dollars, for income tax years commencing on or after January 1, 2003, but before January 1, 2032, subject to the provisions of subsections (4) and (6) of this section, there shall be allowed a credit with respect to the income taxes imposed by this article to each taxpayer who donates during the taxable year all or part of the value of a perpetual conservation easement in gross created pursuant to article 30.5 of title 38 upon real property the taxpayer owns to a governmental entity or a charitable organization described in section 38-30.5-104 (2). The credit shall only be allowed for a donation that is eligible to qualify as a qualified conservation contribution pursuant to section 170 (h) of the internal revenue code, as amended, and any federal regulations promulgated in connection with such section. The amount of the credit shall not include the value of any portion of an easement on real property located in another state.
(b) For income tax years commencing on or after January 1, 2014, but before
January 1, 2032, and, with regard to any credit over the amount of one hundred thousand dollars, for income tax years commencing on or after January 1, 2003, but before January 1, 2032, subject to the provisions of subsections (4) and (6) of this section, there shall be allowed a credit with respect to the income taxes imposed by this article to each taxpayer who donates during the taxable year all or part of the value of a perpetual conservation easement in gross created pursuant to article 30.5 of title 38 upon real property the taxpayer owns to a governmental entity or a charitable organization described in section 38-30.5-104 (2). The credit shall only be allowed for a donation that meets the requirements of section 170 of the federal Internal Revenue Code of 1986, as amended, and any federal regulations promulgated in accordance with such section. The amount of the credit shall not include the value of any portion of an easement on real property located in another state.
(2.5) Notwithstanding any other provision of this section and the
requirements of section 12-15-106, for income tax years commencing on or after January 1, 2011, a taxpayer conveying a conservation easement and claiming a credit pursuant to this section shall, in addition to any other requirements of this section and the requirements of section 12-15-106, submit a claim for the credit to the division of conservation in the department of regulatory agencies. The division must prioritize tax credit applications in the order received. The division must assign each application with the date and time received based on the order in which a completed application was submitted pursuant to section 12-15-106 (5). Incomplete applications do not get priority in the review process. Disapproved applications lose their priority in the review process. After certificates have been issued for credits that exceed an aggregate of twenty-two million dollars for all taxpayers for the 2011 and 2012 calendar years, thirty-four million dollars for the 2013 calendar year, forty-five million dollars for each of the 2014 to 2024 calendar years, and fifty million dollars for each of the 2025 to 2031 calendar years, any claims that exceed the amount allowed for a specified calendar year shall be issued for use in the next year for which the division has not issued credit certificates in excess of the amounts specified in this subsection (2.5). The division shall not issue credit certificates that exceed twenty-two million dollars in each of the 2011 and 2012 calendar years, thirty-four million dollars for the 2013 calendar year, forty-five million dollars for each of the 2014 to 2024 calendar years, and fifty million dollars for each of the 2025 through 2031 calendar years. No claim for a credit is allowed for any income tax year commencing on or after January 1, 2011, unless a certificate has been issued by the division. If all other requirements under section 12-15-106 and this section are met, the right to claim the credit is vested in the taxpayer at the time the credit certificate is issued. In the case of a tax credit certificate issued to a taxpayer who files an income tax return for a tax year other than a calendar year, the credit must be used in the income tax year that begins during the calendar year for which the tax credit certificate is issued.
(2.7) Notwithstanding any other provision, for income tax years commencing
on or after January 1, 2014, no claim for a credit shall be allowed unless a tax credit certificate is issued by the division of real estate prior to May 30, 2018, or by the division of conservation on or after May 30, 2018, in accordance with sections 12-15-105 and 12-15-106 and, for income tax years commencing on or after January 1, 2014, but prior to January 1, 2022, the taxpayer files the tax credit certificate with the income tax return filed with the department of revenue.
(3) For conservation easements donated prior to January 1, 2014, in order for
any taxpayer to qualify for the credit provided for in subsection (2) of this section, the taxpayer shall submit the following in a form approved by the executive director to the department of revenue at the same time as the taxpayer files a return for the taxable year in which the credit is claimed:
(a) A statement indicating whether a deduction was claimed on the
taxpayer's federal income tax return for a conservation easement in gross;
(b) A statement that reflects the information included in the noncash
charitable contributions form used to claim a deduction for a conservation easement in gross on a federal income tax return and whether the donation was made in order to get a permit or other approval from a local or other governing authority;
(c) A statement to be made available to the public by the department of
revenue that includes a summary of the conservation purposes as defined in section 170 (h) of the internal revenue code that are protected by the easement; the county, township, and range where the easement is located; the number of acres subject to the easement; the amount of the tax credit claimed; and the name of the organization holding the easement;
(d) A summary of a qualified appraisal that meets the requirements set forth
in subsection (3.3) of this section; however, if requested by the department of revenue, the taxpayer shall submit the appraisal itself;
(e) A copy of the appraisal and accompanying affidavit from the appraiser
submitted to the division of real estate in the department of regulatory agencies in accordance with the provisions of section 12-61-719, C.R.S., as said section existed prior to its repeal on July 1, 2013;
(f) If the holder of the conservation easement is an organization to which the
certification program in section 12-15-104 applies, a sworn affidavit from the holder of the conservation easement in gross that includes the following:
(I) Repealed.
(II) An acknowledgment of whether the transaction is part of a series of
transactions by the same donor; and
(III) An acknowledgment that the holder has reviewed the completed
Colorado gross conservation easement credit schedule to be filed by the taxpayer and that the property is accurately described in the schedule.
(3.3) The appraisal for a conservation easement in gross donated prior to
January 1, 2014, and for which a credit is claimed shall be a qualified appraisal from a qualified appraiser, as those terms are defined in section 170 (f)(11) of the internal revenue code. The appraisal shall be in conformance with the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation and any other provision of law. The appraiser shall hold a valid license as a certified general appraiser in accordance with the provisions of part 6 of article 10 of title 12. If there is a final determination, other than by settlement of the taxpayer, that an appraisal submitted in connection with a claim for a credit pursuant to this section is a substantial or gross valuation misstatement as such misstatements are defined in section 1219 of the federal Pension Protection Act of 2006, Pub.L. 109-280, the department shall submit a complaint regarding the misstatement to the board of real estate appraisers for disciplinary action in accordance with the provisions of part 6 of article 10 of title 12.
(3.5) (a) For conservation easements donated prior to January 1, 2014:
(I) The executive director shall have the authority, pursuant to subsection (8)
of this section, to require additional information from the taxpayer or transferee regarding the appraisal value of the easement, the amount of the credit, and the validity of the credit. In resolving disputes regarding the validity or the amount of a credit allowed pursuant to subsection (2) of this section, including the value of the conservation easement for which the credit is granted, the executive director shall have the authority, for good cause shown and in consultation with the division of conservation and the conservation easement oversight commission created in section 12-15-103 (1), to review and accept or reject, in whole or in part, the appraisal value of the easement, the amount of the credit, and the validity of the credit based upon the internal revenue code and federal regulations in effect at the time of the donation. If the executive director reasonably believes that the appraisal represents a gross valuation misstatement, receives notice of such a valuation misstatement from the division of real estate, or receives notice from the division of real estate that an enforcement action has been taken by the board of real estate appraisers against the appraiser, the executive director shall have the authority to require the taxpayer to provide a second appraisal at the expense of the taxpayer. The second appraisal shall be conducted by a certified general appraiser in good standing and not affiliated with the first appraiser that meets qualifications established by the division of real estate. In the event the executive director rejects, in whole or in part, the appraisal value of the easement, the amount of the credit, or the validity of the credit, the procedures described in sections 39-21-103, 39-21-104, 39-21-104.5, and 39-21-105 shall apply.
(II) In consultation with the division of conservation and the conservation
easement oversight commission created in section 12-15-103 (1), the executive director shall develop and implement a separate process for the review by the department of revenue of gross conservation easements. The review process shall be consistent with the statutory obligations of the division and the commission and shall address gross conservation easements for which the department of revenue has been informed that an audit is being performed by the internal revenue service. The executive director shall share information used in the review of gross conservation easements with the division. Notwithstanding part 2 of article 72 of title 24, in order to protect the confidential financial information of a taxpayer, the division and the commission shall deny the right to inspect any information provided by the executive director in accordance with this subsection (3.5)(a)(II).
(b) (I) For conservation easements donated on or after January 1, 2014, and
subject to the restrictions of section 12-15-106 (4), the executive director shall have the authority, pursuant to subsection (8) of this section, to require additional information from the taxpayer or transferee regarding the amount of a credit transferred prior to January 1, 2021, and the validity of the credit. In resolving disputes regarding the validity or the amount of a credit allowed pursuant to subsection (2) of this section, the executive director shall have the authority, for good cause shown, to review and accept or reject, in whole or in part, the amount of the credit and the validity of the credit based upon the internal revenue code and federal regulations in effect at the time of the donation, except those requirements for which authority is granted to the division of conservation, the director of the division of conservation, or the conservation easement oversight commission pursuant to section 12-15-106.
(II) For tax credit certificates issued by the division for use on or after
January 1, 2021, the transferor and transferee of the tax credit shall jointly file a copy of the written transfer agreement with the division of conservation within thirty days after June 30, 2021, or the date of the transfer, whichever is later. If the credit being transferred was issued for a year other than the year in which it is transferred, the transferor shall further submit a copy of the transferor's DR1305 form for each year from the year for which the credit was issued through the most recent year for which taxes were due. The division shall issue a certificate to the transferee in the amount of the tax credit transferred and, if any amount is retained by the transferor, issue a certificate to the transferor in the amount retained. In no event shall a transferee be allowed to claim an amount greater than the amount specified in the certificate issued to the transferee. The division shall develop a system to track the transfers of tax credits and to certify the ownership of tax credits. A certification issued for use on or after January 1, 2021, by the division of the ownership and amount of tax credits shall be relied upon by the department of revenue and the transferee as being accurate, and neither the division nor the department of revenue shall adjust the amount of tax credits certified by the division as to the transferee; except that the division and department retain any remedies it may have against the landowner. The division may promulgate rules to permit verification of the ownership and amount of the tax credits; except that any rules promulgated shall not unduly restrict or hinder the transfer of the tax credits.
(3.6) (a) For conservation easements donated on or after January 1, 2014, in
order for any taxpayer to claim the credit provided for in subsection (2) of this section, the taxpayer must submit the following in a form, approved by the executive director, to the department of revenue at the same time as the taxpayer files a return for the taxable year in which the credit is claimed:
(I) A tax credit certificate issued under section 12-15-106; and
(II) The information required in subsections (3)(a) and (3)(b) of this section.
(b) Notwithstanding any other provisions of law, the executive director
retains the authority to administer all issues related to the claim or use of a tax credit for the donation of a conservation easement that are not granted to the director of the division of conservation or the conservation easement oversight commission under section 12-15-106.
(3.7) If the gain on the sale of a conservation easement in gross for which a
credit is claimed pursuant to this section would not have been a long-term capital gain, as defined under the internal revenue code, if, at the time of the donation, the taxpayer had sold the conservation easement at its fair market value, then the value of the conservation easement in gross for the purpose of calculating the amount of the credit shall be reduced to the taxpayer's tax basis in the conservation easement in gross. The tax basis of a taxpayer in a conservation easement shall be determined and allocated pursuant to sections 170 (e) and 170 (h) of the internal revenue code, as amended, and any federal regulations promulgated in connection with such sections. This subsection (3.7) shall be applied in a manner that is consistent with the tax treatment of qualified conservation contributions under the internal revenue code and the federal regulations promulgated under the internal revenue code.
(3.8) Repealed.
(4) (a) (I) For a conservation easement in gross created in accordance with
article 30.5 of title 38, C.R.S., that is donated prior to January 1, 2007, to a governmental entity or a charitable organization described in section 38-30.5-104 (2), C.R.S., the credit provided for in subsection (2) of this section shall be an amount equal to one hundred percent of the first one hundred thousand dollars of the fair market value of the donated portion of such conservation easement in gross when created, and forty percent of all amounts of the donation in excess of one hundred thousand dollars; except that in no case shall the credit exceed two hundred sixty thousand dollars per donation.
(II) For a conservation easement in gross created in accordance with article
30.5 of title 38, C.R.S., that is donated on or after January 1, 2007, and prior to January 1, 2015, to a governmental entity or a charitable organization described in section 38-30.5-104 (2), C.R.S., the credit provided for in subsection (2) of this section shall be an amount equal to fifty percent of the fair market value of the donated portion of such conservation easement in gross when created; except that, in no case shall the credit exceed three hundred seventy-five thousand dollars per donation.
(II.5) For a conservation easement in gross created in accordance with article
30.5 of title 38 that is donated on or after January 1, 2015, but prior to January 1, 2021, to a governmental entity or a charitable organization described in section 38-30.5-104 (2), the credit provided for in subsection (2) of this section shall be an amount equal to seventy-five percent of the first one hundred thousand dollars of the fair market value of the donated portion of such conservation easement in gross when created, and fifty percent of all amounts of the donation in excess of one hundred thousand dollars; except that in no case shall the credit exceed five million dollars per donation. Credits shall be issued in increments of no more than one million five hundred thousand dollars per year. Credits for easements donated in a prior year shall be eligible for tax credit certificates in subsequent years in order of application and before new applications and those credit applications, if any, on the wait list.
(II.7) For a conservation easement in gross created in accordance with article
30.5 of title 38 that is donated to a governmental entity or a charitable organization described in section 38-30.5-104 (2), the credit provided for in subsection (2) of this section is an amount equal to:
(A) For conservation easements donated on or after January 1, 2021, but
before January 1, 2027, ninety percent of the fair market value of the donated portion of such conservation easement in gross when created; except that in no case shall the credit exceed five million dollars per donation; and
(B) For conservation easements donated on or after January 1, 2027, eighty
percent of the fair market value of the donated portion of such conservation easement in gross when created; except that, in no case shall the credit exceed five million dollars per donation.
(II.8) Credits shall be issued in increments of no more than one million five
hundred thousand dollars per year. Credits for easements donated in a prior year are eligible for tax credit certificates in subsequent years in order of application.
(III) In no event shall a credit claimed by a taxpayer filing a joint federal
return, or the sum of the credits claimed by taxpayers who may legally file a joint federal return but actually file separate federal returns, exceed the dollar limitations of this paragraph (a).
(b) (I) For income tax years commencing on or after January 1, 2000, in the
case of a joint tenancy, tenancy in common, partnership, S corporation, or other similar entity or ownership group that donates a conservation easement as an entity or group, the amount of the credit allowed pursuant to subsection (2) of this section must be allocated to the entity's owners, partners, members, or shareholders in proportion to the owners', partners', members', or shareholders' distributive shares of income or ownership percentage from such entity or group.
(II) (A) For income tax years commencing on or after January 1, 2000, but
prior to January 1, 2003, the total aggregate amount of the credit allocated to such owners, partners, members, and shareholders shall not exceed one hundred thousand dollars, and, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by such partners, members, and shareholders shall not exceed twenty thousand dollars for that income tax year.
(B) For income tax years commencing on or after January 1, 2003, but prior to
January 1, 2007, the total aggregate amount of the credit allocated to such owners, partners, members, and shareholders shall not exceed two hundred sixty thousand dollars, and, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by such owners, partners, members, and shareholders shall not exceed fifty thousand dollars for that income tax year.
(C) For income tax years commencing on or after January 1, 2007, and prior
to January 1, 2015, the total aggregate amount of the credit allocated to such owners, partners, members, and shareholders shall not exceed three hundred seventy-five thousand dollars, and, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by such owners, partners, members, and shareholders shall not exceed fifty thousand dollars for that income tax year.
(D) For income tax years commencing on or after January 1, 2015, but before
January 1, 2027, the total aggregate amount of the credit allocated to such owners, partners, members, and shareholders shall not exceed five million dollars, and, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by such owners, partners, members, and shareholders shall not exceed fifty thousand dollars for that income tax year.
(E) For income tax years commencing on or after January 1, 2027, the total
aggregate amount of the credit allocated to such owners, partners, members, and shareholders shall not exceed five million dollars, and, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by such owners, partners, members, and shareholders shall not exceed two hundred thousand dollars for that income tax year.
(5) (a) If the tax credit provided in this section exceeds the amount of income
tax due on the income of the taxpayer for the taxable year, the amount of the credit not used as an offset against income taxes in said income tax year and not refunded pursuant to paragraph (b) of this subsection (5) may be carried forward and applied against the income tax due in each of the twenty succeeding income tax years but shall be first applied against the income tax due for the earliest of the income tax years possible. Any amount of the credit that is not used after said period shall not be refundable.
(b) (I) Subject to the requirements specified in subparagraphs (II) and (III) of
this paragraph (b), for income tax years commencing on or after January 1, 2000, if the amount of the tax credit allowed in or carried forward to any tax year pursuant to this section exceeds the amount of income tax due on the income of the taxpayer for the year, the taxpayer may elect to have the amount of the credit not used as an offset against income taxes in said income tax year refunded to the taxpayer.
(II) (A) Before January 1, 2027, a taxpayer may elect to claim a refund
pursuant to subsection (5)(b)(I) of this section only if, based on the financial report prepared by the controller in accordance with section 24-77-106.5, the controller certifies that the amount of state revenues for the state fiscal year ending in the income tax year for which the refund is claimed exceeds the limitation on state fiscal year spending imposed by section 20 (7)(a) of article X of the state constitution and the voters statewide either have not authorized the state to retain and spend all of the excess state revenues or have authorized the state to retain and spend only a portion of the excess state revenues for that fiscal year.
(B) This subsection (5)(b)(II) is repealed, effective December 31, 2031.
(III) If any refund is claimed pursuant to subsection (5)(b)(I) of this section,
then the aggregate amount of the refund and amount of the credit used as an offset against income taxes, excluding amounts transferred to or used by a transferee, for that income tax year shall not exceed fifty thousand dollars for that income tax year for income tax years commencing before January 1, 2027, and shall not exceed two hundred thousand dollars for that income tax year for income tax years commencing on or after January 1, 2027. In the case of a partnership, S corporation, or other similar pass-through entity that donates a conservation easement as an entity, if any refund is claimed pursuant to subsection (5)(b)(I) of this section, the aggregate amount of the refund and the credit claimed by the partners, members, or shareholders of the entity shall not exceed the dollar limitation set forth in this subsection (5)(b)(III) for that income tax year. Nothing in this subsection (5)(b)(III) shall limit a taxpayer's ability to claim a credit against taxes due in excess of fifty thousand dollars for tax years commencing before January 1, 2027, and two hundred thousand dollars for tax years commencing on or after January 1, 2027, in accordance with subsection (4) of this section.
(6) (a) For conservation easements donated prior to January 1, 2014, a
taxpayer may claim only one tax credit under this section per income tax year; except that a transferee of a tax credit under subsection (7) of this section may claim an unlimited number of credits. A taxpayer who has carried forward or elected to receive a refund of part of the tax credit in accordance with subsection (5) of this section shall not claim an additional tax credit under this section for any income tax year commencing prior to January 1, 2014, in which the taxpayer applies the amount carried forward against income tax due or receives a refund. A transferor who has transferred a credit to a transferee pursuant to subsection (7) of this section shall not claim an additional tax credit under this section for any income tax year commencing prior to January 1, 2014, in which the transferee uses such transferred credit. Commencing January 1, 2014, a taxpayer may claim one tax credit per year regardless of whether the taxpayer has credits remaining from any prior conservation easement donation.
(b) For conservation easements donated on or after January 1, 2000, a
taxpayer may claim only one tax credit under this section per income tax year; except that a transferee of a tax credit under subsection (7) of this section may claim an unlimited number of credits.
(7) For income tax years commencing on or after January 1, 2000, a taxpayer
may transfer all or a portion of a tax credit granted pursuant to subsection (2) of this section to a transferee for such transferee to apply as a credit against the taxes imposed by this article 22 subject to the following limitations:
(a) The taxpayer may only transfer such portion of the tax credit as the
taxpayer has neither applied against the income taxes imposed by this article nor used to obtain a refund;
(b) The taxpayer may transfer a pro-rated portion of the tax credit to more
than one transferee;
(c) A transferee may not elect to have any transferred credit refunded
pursuant to paragraph (b) of subsection (5) of this section;
(d) Repealed.
(e) To the extent that a transferee paid value for the transfer of a
conservation easement tax credit to such transferee, the transferee shall be deemed to have used the credit to pay, in whole or in part, the income tax obligation imposed on the transferee under this article, and to such extent the transferee's use of a tax credit from a transferor under this section to pay taxes owed shall not be deemed a reduction in the amount of income taxes imposed by this article on the transferee;
(f) The transferee shall submit to the department a form approved by the
department. The transferee shall also file a copy of the form with the entity to whom the taxpayer donated the conservation easement.
(g) A transferee of a tax credit shall purchase the credit prior to the due date
imposed by this article, including any extensions, for filing the transferee's income tax return;
(h) A tax credit held by an individual either directly or as a result of a
donation by a pass-through entity, but not a tax credit held by a transferee unless used by the transferee's estate for taxes owed by the estate, shall survive the death of the individual and may be claimed or transferred by the decedent's estate. This paragraph (h) shall apply to any tax credit from a donation of a conservation easement made on or after January 1, 2000.
(i) For a donation made prior to January 1, 2021, the donor of an easement for
which a tax credit is claimed or the transferor of a tax credit claimed for the donation of the easement transferred pursuant to this subsection (7) is the tax matters representative in all matters with respect to the credit. The tax matters representative is responsible for representing and binding the transferees with respect to all issues affecting the credit, including, but not limited to, the charitable contribution deduction, the appraisal, notifications and correspondence from and with the department of revenue, audit examinations, assessments or refunds, settlement agreements, and the statute of limitations. The transferee is subject to the same statute of limitations with respect to the credit as the transferor of the credit.
(j) For a tax credit claimed for the donation of an easement made prior to
January 1, 2021, final resolution of disputes regarding the tax credit between the department of revenue and the tax matters representative, including final determinations, compromises, payment of additional taxes or refunds due, and administrative and judicial decisions, is binding on transferees.
(7.5) (a) For income tax years commencing on or after January 1, 2021, in lieu
of a credit with respect to the income taxes imposed by this article 22, there is allowed a transferable expense amount to each qualified entity that donates during the taxable year all or part of the value of a perpetual conservation easement in gross created pursuant to article 30.5 of title 38 upon real property the qualified entity owns to a governmental entity or a charitable organization described in section 38-30.5-104 (2). A transferable expense amount shall be treated in all manners as a tax credit for purposes of this section, including provisions governing the amount, valuation, and transfer of a tax credit; except that the transferable expense amount may only be transferred to a transferee to be claimed by the transferee as a credit pursuant to this section. A qualified entity may transfer a transferable expense amount to be claimed as a credit by a transferee pursuant to this section regardless of whether the qualified entity receives value in exchange for the transfer.
(b) As used in this subsection (7.5), qualified entity means a governmental
entity that meets the definition of taxpayer as set forth in subsection (1)(b) of this section but is otherwise exempt from the income taxes imposed by this article 22.
(8) The executive director of the department of revenue may promulgate
rules for the implementation of this section. Such rules shall be promulgated in accordance with article 4 of title 24, C.R.S.
(9) Any taxpayer who claims a credit for the donation of a conservation
easement contrary to the provisions of this section shall be liable for such deficiencies, interest, and penalties as may be specified in this article or otherwise provided by law.
(10) and (11) Repealed.
(12) For income tax years commencing on or after January 1, 2024, every
taxpayer exempt from taxes pursuant to section 39-22-112 that claims the credit allowed in this section shall file a return pursuant to section 39-22-601 (7)(b).
(13) Any transferee who is subject to the tax on insurance premiums
established by sections 10-3-209, 10-5-111, and 10-6-128, and who is therefore exempt from the payment of income tax and who is otherwise eligible to claim a tax credit pursuant to this section may claim the tax credit and carry the tax credit forward against the insurance premium tax to the same extent as the transferee would have been able to claim or carry forward the tax credit against income tax. All other provisions of this section with respect to the tax credit, including the amount and allocation of the tax credit and the years for which the tax credit may be claimed shall apply to a tax credit claimed pursuant to this section.
(14) For any conservation easement granted on or after January 1, 2025, the
conservation easement may include a provision providing that if technological or legal changes allow an expanded use of wind and solar power generation, transmission, and storage to be compatible with the protection of conservation values considered as a whole and pursuant to section 170 (h) of the internal revenue code and any federal regulations promulgated in connection with such section, then the holder of the conservation easement may, in its sole discretion, approve expanded wind and solar power generation, transmission, or storage that is compatible with and does not diminish or impair conservation values.
(15) This section is repealed, effective January 1, 2052.
Source: L. 99: Entire section added, p. 976, � 1, effective August 4. L. 2000:
(4), (5), and (6) amended and (7) and (8) added, p. 894, � 1, effective August 2. L. 2001: (1), (2), (3), (4), and (5)(b)(III) amended, p. 395, � 6, effective August 8; (1), (2), (3), (4), (5)(b)(III), (6), (7)(a), (7)(b) amended and (7)(e) and (7)(f) added, p. 901, � 1, effective January 1, 2003. L. 2002: (2) amended and (9) added, p. 510, � 1, effective August 7; (2) amended and (9) added, p. 511, � 2, effective January 1, 2003. L. 2005: (3.5), (7)(g), (7)(h), (7)(i), and (7)(j) added, pp. 1479, 1480, �� 1, 2, effective June 7. L. 2006: (4) amended, p. 822, � 1, effective August 7. L. 2007: (3), (3.5), and (7)(i) amended and (3.3), (10), and (11) added, p. 1228, � 3, effective August 3. L. 2008: (3)(b), (3)(e), IP(3)(f), (3)(f)(I), (3.3), and (3.5) amended and (3.7) added, p. 2316, � 8, effective July 1. L. 2010: (2.5) added, (HB 10-1197), ch. 175, p. 635, � 4, effective August 11. L. 2011: (2.5) amended, (HB 11-1300), ch. 193, p. 753, � 4, effective May 19. L. 2013: (2), (2.5), IP(3), (3.3), (3.5), (6), (10), and (11) amended and (2.7) and (3.6) added, (SB 13-221), ch. 251, p. 1330, � 9, effective August 7; (2.5) amended, (HB 13-1183), ch. 252, p. 1338, � 2, effective August 7. L. 2014: (4)(a)(III) amended, (SB 14-019), ch. 10, p. 99, � 6, effective February 27; (2.5), (2.7), (3)(e), IP(3)(f), (3.3), (3.5), (3.6)(a)(I), and (3.6)(b) amended, (SB 14-117), ch. 385, p. 1919, � 8, effective July 1. L. 2015: (4)(a)(II) amended and (4)(a)(II.5) added, (SB 15-206), ch. 272, p. 1086, � 1, effective June 4. L. 2017: IP(3)(f) amended and (3)(f)(I) repealed, (SB 17-294), ch. 264, p. 1414, � 108, effective May 25. L. 2018: (2.5), (2.7), IP(3)(f), (3.5), (3.6)(a)(I), (3.6)(b), and (7)(g) amended and (3.8) added, (HB 18-1291), ch. 273, p. 1689, � 6, effective May 29. L. 2019: (2.7), (3.3), and (4)(a)(II.5) amended and (3.8) repealed, (HB 19-1264), ch. 420, p. 3678, � 8, effective June 30; (2.5), (2.7), IP(3)(f), (3.3), (3.5), (3.6)(a)(I), and (3.6)(b) amended, (HB 19-1172), ch. 136, p. 1729, � 255, effective October 1. L. 2021: (1), (2.7), (3.5)(b), (3.6), (4)(a)(II.5), (4)(b), (5)(b)(III), (6), IP(7), (7)(i), and (7)(j) amended, (4)(a)(II.7) and (7.5) added, and (7)(d), (10), and (11) repealed, (HB 21-1233), ch. 385, p. 2578, � 4, effective June 30. L. 2024: (2)(a), (2)(b), (2.5), (4)(a)(II.7), (4)(b)(II)(D), (5)(b)(II), and (5)(b)(III) amended and (4)(a)(II.8), (4)(b)(II)(E), (13), (14), and (15) added, (SB 24-126), ch. 211, p. 1291, � 7, effective August 7; (12) added, (HB 24-1036), ch. 373, p. 2536, � 34, effective August 7.
Editor's note: (1) Subsections (2), (4), and (5)(b)(III) were amended in House
Bill 01-1364. Those amendments were superseded by the amendments to said subsections in House Bill 01-1090, effective January 1, 2003.
(2) Amendments to subsection (2.5) by House Bill 13-1183 and Senate Bill 13-221 were harmonized.
(3) Section 9 of chapter 10 (SB 14-019), Session Laws of Colorado 2014,
provides that changes to this section by the act apply to income tax years commencing on or after January 1, 2013, and any other income tax years that are open under � 39-21-107 or 39-21-108.
(4) Amendments to subsections (2.7) and (3.3) by HB 19-1172 and HB 19-1264
were harmonized.
Cross references: (1) For the legislative declaration contained in the 2001
act amending subsections (1), (2), (3), (4), and (5)(b)(III), see section 1 of chapter 133, Session Laws of Colorado 2001.
(2) For the legislative declaration contained in the 2008 act amending
subsections (3)(b), (3)(e), the introductory portion to subsection (3)(f), subsections (3)(f)(I), (3.3), and (3.5) and enacting subsection (3.7), see section 1 of chapter 448, Session Laws of Colorado 2008.
(3) For the legislative declaration in the 2013 act amending subsections (2),
(2.5), the introductory portion to subsection (3), and subsections (3.3), (6), (10), and (11) and adding subsections (2.7) and (3.6), see section 1 of chapter 251, Session Laws of Colorado 2013.
(4) For the legislative declaration in SB 24-126, see section 1 of chapter 211,
Session Laws of Colorado 2024. For the legislative declaration in HB 24-1036, see section 1 of chapter 373, Session Laws of Colorado 2024.
C.R.S. § 39-22-554
39-22-554. Heat pump technology and thermal energy network tax credit - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purpose of the tax credit provided in this section is to induce certain designated behavior by taxpayers and to provide a reduction in income tax liability for certain businesses or individuals by providing a financial incentive for the installation of heat pump technology and the use of heat pump technology and thermal energy networks.
(b) The general assembly and the state auditor shall measure the
effectiveness of the credit in achieving the purpose specified in subsection (1)(a) of this section based on the number and value of the credits claimed.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) (I) Air-source heat pump system means a system that:
(A) Is certified pursuant to the federal environmental protection agency's
energy star program;
(B) Repealed.
(C) Is listed in the Air-conditioning, Heating, and Refrigeration Institute
directory of certified product performance as a matched system;
(D) Conforms to all applicable municipal, state, and federal codes, standards,
regulations, and certifications; and
(E) Is installed in accordance with the manufacturer's specifications.
(II) Air-source heat pump system may include supplemental heat so long
as:
(A) The air-source heat pump is used as the primary source of a building's
heat and is designed to supply at least eighty percent of total annual heating for the building; and
(B) The system is capable of distributing produced heat to all conditioned
areas of the building.
(III) Repealed.
(b) Applicable percentage means a percentage annually established by the
office as specified in subsection (4) of this section.
(c) (I) Campus means a collection of two or more buildings that are owned
and operated by the same person, that have a shared purpose and function as a single property, that do not lease space to tenants, and that do not provide energy or heat services for a fee.
(II) Campus includes two or more of the buildings that comprise the capitol
complex, as defined in section 24-82-101 (3)(f).
(c.5) Cold-climate heat pump means a type of air-source heat pump
system that:
(I) Meets the qualification criteria of the federal environmental protection
agency's Energy Star program's cold-climate heat pump designation or meets the highest tier of the Consortium for Energy Efficiency's northern air-source heat pump specifications, not including an advanced tier;
(II) Is installed with controls that set a crossover temperature specified by
guidelines established by the office pursuant to subsection (7) of this section;
(III) Conforms to all applicable municipal, state, and federal codes,
standards, regulations, and certifications;
(IV) Is installed in accordance with the manufacturer's specifications; and
(V) Is listed in the Air-conditioning, Heating, and Refrigeration Institute
directory of certified product performance as a matched system.
(d) Colorado energy office or office means the Colorado energy office
created in section 24-38.5-101.
(d.5) Crossover temperature means the point that a heat-pump-based
HVAC system switches either partially or fully from the heat pump to a supplementary heating source.
(e) Department means the department of revenue.
(f) Eligible taxpayer means a taxpayer that meets the requirements for and
is included on the list of eligible taxpayers described in subsection (5) of this section.
(g) (I) Ground-source heat pump system means a system that:
(A) Is certified pursuant to the federal environmental protection agency's
energy star program;
(B) Conforms to all applicable municipal, state, and federal codes, standards,
regulations, and certifications;
(C) Has blowers that are high-efficiency motors that meet or exceed
efficiency levels listed in the National Electrical Manufacturers Association MG 1-1993 publication;
(D) Complies with all state and local drinking water guidelines and
regulations and public water system requirements; and
(E) Is installed in accordance with the manufacturer's specifications.
(II) Ground-source heat pump system may include supplemental heat so
long as:
(A) The ground-source heat pump is used as the primary source of a
building's heat and is designed to supply at least eighty percent of total annual heating for the building; and
(B) The system is capable of distributing produced heat to all conditioned
areas of the building.
(III) and (IV) Repealed.
(h) Heat pump technology means an air-source heat pump system, ground-source heat pump system, water-source heat pump system, variable refrigerant
flow heat pump system, any combination of these systems, or a heat pump water heater.
(i) (I) Heat pump water heater means an electric water heater that uses
heat pump technology to transfer heat from the surrounding air to water in a tank and that is certified pursuant to the federal environmental protection agency's Energy Star program.
(II) Heat pump water heater may include:
(A) An electric resistance heating element; and
(B) Mechanical and electrical equipment central to the operation of a heat
pump water heater, including an upgraded electrical panel if necessary.
(i.5) Heat pump means an electrically powered mechanical device that
uses the refrigeration cycle to transfer thermal energy from one location to another.
(j) List means the list of eligible taxpayers created by the office as
specified in subsection (5) of this section.
(k) Multifamily property means a building with multiple separate housing
units for residential inhabitants including a residential building that is a duplex, triplex, or multi-structure of four or more units.
(l) Taxpayer means a person subject to tax pursuant to this article 22 or a
person or political subdivision of this state that is exempt from tax pursuant to section 39-22-112 (1).
(m) (I) Thermal energy means piped, noncombustible fluids used for adding
or removing heat from buildings for the purpose of efficient building temperature control and domestic hot water, including space heating and cooling and refrigeration.
(II) Thermal energy includes methods of exchanging the piped,
noncombustible fluids through the ground, wastewater treatment facilities, or other sources that achieve desired fluid temperatures; except that any source of thermal energy for this purpose must:
(A) Not cause incremental greenhouse gas emissions or rely on increased,
long-term combustion of fossil fuels; and
(B) Be evaluated by the office to protect against increased emissions of
harmful co-pollutants, negative impacts to communities including to disproportionately impacted communities, as defined in section 24-4-109 (2)(b)(II), and the risk of stranded assets, if the thermal energy is from any industrial source including a system for which the primary purpose is to generate electricity, including any process involving engine-driven generation.
(n) Thermal energy network:
(I) Means all real estate, fixtures, and personal property that are operated,
owned, used, or intended to be used for, in connection with or to facilitate, a distribution infrastructure project that supplies thermal energy to two or more buildings that are not a campus and that assists in reducing greenhouse gas emissions in the state;
(II) Consists of pipe loops between multiple buildings and energy sources
carrying piped, noncombustible fluids at the desired thermal temperature;
(III) Includes a network that can be used for heating, cooling, and other
building services; and
(IV) May also be known as a geothermal exchange district, networked
geothermal system, geoexchange system, geogrid system, community geothermal heating and cooling district, or geothermal heating district.
(o) Thermal energy system includes a geothermal system or other method
of exchanging the piped, noncombustible fluids through the ground, wastewater treatment facilities, or other sources of thermal energy that achieve desired fluid temperatures.
(p) (I) Variable refrigerant flow heat pump system means a system that:
(A) Is certified pursuant to the federal environmental protection agency's
energy star program;
(B) Conforms to all applicable municipal, state, and federal codes, standards,
regulations, and certifications;
(C) Has blowers that are high-efficiency motors that meet or exceed
efficiency levels listed in the National Electrical Manufacturers Association MG 1-1993 publication;
(D) Complies with all state and local drinking water guidelines and
regulations and public water system and wastewater system requirements; and
(E) Is installed in accordance with the manufacturer's specifications.
(II) Variable refrigerant flow system may include supplemental heat so
long as:
(A) The variable refrigerant flow system is used as the primary source of a
building's heat and is designed to supply at least eighty percent of the total annual heating for the building; and
(B) The system is capable of distributing produced heat to all conditioned
areas of the building.
(III) Repealed.
(q) (I) Water-source heat pump system means a system that:
(A) Is certified pursuant to the federal environmental protection agency's
Energy Star program;
(B) Conforms to all applicable municipal, state, and federal codes, standards,
regulations, and certifications;
(C) Has blowers that are high-efficiency motors that meet or exceed
efficiency levels listed in the National Electrical Manufacturers Association MG 1-1993 publication;
(D) Complies with all state and local drinking water guidelines and
regulations and public water system and wastewater system requirements; and
(E) Is installed in accordance with the manufacturer's specifications.
(II) Water-source heat pump system may include supplemental heat so
long as:
(A) The water-source heat pump is used as the primary source of a building's
heat and is designed to supply at least eighty percent of the total annual heating for the building; and
(B) The system is capable of distributing produced heat to all conditioned
areas of the building.
(III) Repealed.
(3) (a) For income tax years commencing on or after January 1, 2024, but
before January 1, 2033, an eligible taxpayer that installs heat pump technology in a building in the state, on a campus in the state, or develops, through purchase and installation of necessary equipment, a thermal energy network in the state is allowed a credit against the tax imposed under this article 22 in an amount set forth in subsection (3)(c) of this section in the tax year that the heat pump technology or thermal energy network is placed into service.
(b) In order to qualify for the tax credit allowed under this section the
eligible taxpayer shall provide a discount from the amount charged for the installation of heat pump technology or a thermal energy network in an amount equal to the amount of the credit set forth in subsection (3)(c) of this section minus the applicable percentage of the credit, and shall show the discount as a separate item on the receipt or invoice; except that the requirement in this subsection (3)(b) does not apply to an eligible taxpayer who installs their own heat pump technology or thermal energy network.
(c) Subject to the modifications set forth in subsection (3)(d) of this section
and the annual review required pursuant to subsection (3)(e) of this section and except as otherwise provided in subsection (3)(f) of this section, the amount of the credit allowed pursuant to this section is calculated as follows:
(I) For the installation of an air-source heat pump system or for a variable
refrigerant flow heat pump system:
(A) For tax years commencing on or after January 1, 2024, but before January
1, 2026, one thousand five hundred dollars;
(B) For tax years commencing on or after January 1, 2026, but before January
1, 2029, one thousand dollars; and
(C) For tax years commencing on or after January 1, 2029, but before January
1, 2033, five hundred dollars;
(II) For the installation of a ground-source heat pump system, water-source
heat pump system, a combined air-source and ground-source heat pump system, a combined water-source and ground-source heat pump system, a combined variable refrigerant flow and ground-source heat pump system, or a combined variable refrigerant flow and water-source heat pump system:
(A) For tax years commencing on or after January 1, 2024, but before January
1, 2026, three thousand dollars;
(B) For tax years commencing on or after January 1, 2026, but before January
1, 2029, two thousand dollars; and
(C) For tax years commencing on or after January 1, 2029, but before January
1, 2033, one thousand dollars; and
(III) For the installation of a heat pump water heater:
(A) For tax years commencing on or after January 1, 2024, but before January
1, 2026, five hundred dollars; and
(B) For tax years commencing on or after January 1, 2026, but before January
1, 2033, two hundred fifty dollars.
(d) Notwithstanding the amounts set forth in subsection (3)(c) of this section,
the amount of the credit allowed by this section may be modified as follows:
(I) For heat pump technology installed at a multifamily property, unless the
heat pump technology is installed for an individual unit by the eligible taxpayer for use by the occupant of the individual unit, the amount of the credit is the amount of the credit permitted pursuant to subsection (3)(c) of this section multiplied by the number of units in the multifamily property that will utilize the heat pump technology;
(II) For a nonresidential building, the amount of the credit is the amount of
the credit permitted pursuant to subsection (3)(c) of this section multiplied by the number of increments of four tons of heating capacity; and
(III) For a thermal energy network or for a campus, the amount of the credit
is the amount of the credit permitted pursuant to subsection (3)(c) of this section multiplied by the total number of residential buildings and multifamily property units networked in a single system, plus the credit determined for each nonresidential building networked in the system pursuant to subsection (3)(d)(II) of this section.
(e) The office shall annually review and evaluate the effectiveness of the tax
credits and may, for the subsequent tax year:
(I) Modify the amounts set forth in subsection (3)(c) of this section; and
(II) Establish, modify, or remove limits on the credits calculated pursuant to
subsection (3)(d) of this section.
(f) If the June 2025 revenue forecast, and each June revenue forecast
through the June 2031 revenue forecast as prepared by either legislative council staff or the office of state planning and budgeting, projects that state revenues, as defined in section 24-77-103.6 (6)(c), will not increase by at least four percent for the next fiscal year, the amount of the credit allowed pursuant to subsection (3)(c)(I)(B), (3)(c)(I)(C), (3)(c)(II)(B), (3)(c)(II)(C), or (3)(c)(III)(B) of this section, as may be modified by subsections (3)(d) and (3)(e) of this section, for any tax year commencing in the calendar year that begins during said next fiscal year is reduced by fifty percent if the heat pump technology is installed at an existing residential or nonresidential building; except that if the amount of the reduced credit is equal to or less than two hundred fifty dollars, then no credit is available for such a tax year.
(4) An eligible taxpayer may retain an applicable percentage of the amount
of the tax credit allowed under subsection (3)(c) of this section to support the industry-wide adoption and deployment of heat pump technologies in the state. The office shall annually determine the applicable percentage, which must be the same for each eligible taxpayer, pursuant to guidelines established by the office. The office shall maintain the current applicable percentage on its website and shall provide the applicable percentage in writing to the department no later than December 31, 2023, and each December 31 thereafter through December 31, 2031.
(5) (a) The office shall create, and update at least annually, a list containing
the names and contact information of eligible taxpayers. To become an eligible taxpayer, and be included on the list described in this subsection (5), a taxpayer shall demonstrate to the office that the taxpayer and any of its employees who will be installing heat pump technology or thermal energy networks:
(I) Are licensed as required by the state;
(II) Are knowledgeable of and agree to follow the relevant system
requirements set forth in subsections (2)(a), (2)(c.5), (2)(g), (2)(h), (2)(i), (2)(m), (2)(n), (2)(p), and (2)(q) of this section;
(III) Repealed.
(III.5) Have received training pursuant to the guidelines issued by the office
pursuant to subsection (7) of this section;
(IV) Will, where applicable, ensure that all piping for a split system is
installed by technicians certified to the NITC R78 brazing procedure and trained in the safe handling of flammable refrigerants; and
(V) Will meet any additional standards established by the office in its
guidelines.
(b) The office shall, in a sufficiently timely manner to allow the department
to process returns claiming the income tax credit allowed in this section, annually provide a secure electronic copy of the list described in subsection (5)(a) of this section to the department that includes the social security number or Colorado account number and federal employer identification number of each eligible taxpayer.
(c) The office shall maintain a current copy of the list on its website.
(d) (I) Every eligible taxpayer shall keep and maintain for a period of four
years such books and records as may be necessary to determine that:
(A) It is an eligible taxpayer;
(B) It and any of its employees who will be installing heat pump technology
or thermal energy networks meet the requirements described in subsection (5)(a) of this section;
(C) The credit it claimed pursuant to this section was for the installation of
heat pump technology or thermal energy networks in this state; and
(D) The amount of the credit was properly calculated under subsection (3) of
this section.
(II) (A) The office shall periodically examine a sample of the eligible
taxpayers on the list described in this subsection (5) to substantiate that the eligible taxpayers are meeting the office's standards and properly claiming the credit allowed by this section. Every eligible taxpayer shall produce the books and records described in subsection (5)(d)(I) of this section for examination at any time by the office.
(B) If the office determines that an eligible taxpayer is no longer meeting the
standards, the office shall notify the taxpayer in writing that they are no longer eligible, remove the ineligible taxpayer from the list, update the list on its website, and promptly notify the department in writing of its decision.
(C) If the office determines that a taxpayer was not eligible for all or part of
the credit claimed, the office shall notify the department in writing of its decision. The department shall issue the taxpayer a notice of deficiency for the unpaid tax owed, together with applicable penalties and interest, and proceed to collect the deficiency in the same manner as other tax deficiencies.
(6) The office shall maintain a database of any information necessary to
evaluate the effectiveness of the tax credit allowed in this section in meeting the purpose set forth in subsection (1)(a) of this section, and shall provide such information, and any other information that may be needed, to the state auditor as part of the state auditor's evaluation of this tax expenditure pursuant to section 39-21-305.
(7) The office may establish guidelines to implement this section. All
guidelines established by the office must be posted on the office's website.
(8) If a credit authorized by this section exceeds the income tax due on the
income of the eligible taxpayer for the taxable year, the excess credit may not be carried forward and must be refunded to the eligible taxpayer or the installer.
(9) This section is repealed, effective December 31, 2038.
Source: L. 2023: Entire section added, (HB 23-1272), ch. 167, p. 792, � 8,
effective May 11. L. 2024: (2)(a)(I)(B), (2)(a)(III), (2)(g)(III), (2)(g)(IV), (2)(p)(III), (2)(q)(III), and (5)(a)(III) repealed, (2)(a)(I)(C), (2)(g)(I)(C), (2)(g)(I)(D), (2)(p)(I)(C), (2)(p)(I)(D), (2)(q)(I)(C), (2)(q)(I)(D), IP(3)(c)(I), (3)(d)(II), (3)(e), (5)(a)(II), (5)(a)(V), and (5)(d)(II)(A) amended, and (2)(a)(I)(D), (2)(a)(I)(E), (2)(c.5), (2)(d.5), (2)(g)(I)(E), (2)(i.5), (2)(p)(I)(E), (2)(q)(I)(E), and (5)(a)(III.5) added, (SB 24-214), ch. 191, p. 1103, � 18, effective May 17.
Cross references: For the legislative declaration in HB 23-1272, see section 1
of chapter 167, Session Laws of Colorado 2023.
C.R.S. § 39-22-558
39-22-558. Tax credit for employer's contribution to employee for eligible expenses in connection with a qualifying home purchase - tax preference performance statement - legislative declaration - definitions - repeal. (1) (a) In accordance with section 39-21-304 (1), the general assembly finds and declares that the purpose of this tax expenditure is to induce certain designated behavior by taxpayers to encourage home ownership by providing tax relief to employers who contribute money to an employee for a down payment and related closing costs on a home purchase.
(b) The general assembly and the state auditor shall measure the
effectiveness of the credit in achieving the purposes specified in subsection (1)(a) of this section based on the information required to be maintained by and reported to the state auditor upon request by the department pursuant to subsection (4) of this section.
(2) As used in this section, unless the context otherwise requires:
(a) Department means the department of revenue.
(b) Eligible expenses means a down payment and any closing costs
included on a real estate settlement statement, including but not limited to appraisal fees, mortgage origination fees, and inspection fees.
(c) Employee contribution means the amount an employee authorizes an
employer to withhold from the employee's earnings for deposit into the savings account established pursuant to subsection (3)(b)(I) of this section for use by an employee for eligible expenses in connection with a qualifying home purchase.
(d) Employer means a private, nonpublic person that employs one or more
employees within the state.
(e) Employer contribution means the amount an employer contributes to a
savings account established pursuant to subsection (3)(b)(I) of this section for use by an employee for eligible expenses in connection with a qualifying home purchase.
(f) Qualifying home purchase means a property purchased by an employee
as a primary residence.
(3) (a) For any income tax year commencing on or after January 1, 2024, but
before January 1, 2027, if an employer makes a contribution of money to an employee during the income tax year for use by the employee for eligible expenses in connection with a qualifying home purchase, then the employer is allowed a credit against the income taxes imposed by this article 22 in an amount equal to five percent of the amount of the employer contribution; except that an employer cannot claim a credit of more than five thousand dollars for any one employee and the maximum total credit that an employer may claim in a taxable year is five hundred thousand dollars.
(b) (I) In order to claim the tax credit allowed by this section, the employer
shall establish one or more savings accounts for the purpose of depositing the money for the employer's contribution to an employee.
(II) The employer shall establish policies concerning the contribution,
including how the employer contribution is to be made and procedures for an employee to follow to withdraw money for qualifying expenses and for an employer to follow to withhold an employee's earnings as an employee contribution.
(III) An employee may authorize an employer to withhold a specified portion
of the employee's earnings as an employee contribution, which money shall be deposited in a savings account established pursuant to subsection (3)(b)(I) of this section.
(c) If an employee ends the employee's employment with the employer or if
the employee chooses to use money in a savings account established pursuant to subsection (3)(b)(I) of this section that is an employee contribution for something other than an eligible expense, the employee is not entitled to any unexpended amount of the employer contribution, and the employer shall remit to the employee any amount in the savings account which is all or the remaining amount of the employee contribution, plus any interest earned on the amount. The employer shall pay the entire amount of the credit received for the employer contribution. The employer shall report the recapture required by this subsection (3)(c) by increasing their income tax liability by the amount of the total credit claimed for the year in which the recapture occurs.
(4) (a) To claim the credit for an income tax year, an employer must keep
records related to the credit as required by the department. The executive director of the department may promulgate rules to implement this section. Notwithstanding any other requirements of the department, records maintained by an employer must show:
(I) The number of employees to whom the employer made employer
contributions in the tax year;
(II) The amount the employer contributed to each employee in the tax year as
employer contributions;
(III) The number of employees who expended money from a savings account
established pursuant to subsection (3)(b)(I) of this section on eligible expenses for a home purchase in the tax year; and
(IV) The total amount of any employer contributions made by the employer
for use by the employee for eligible expenses in connection with a qualifying home purchase that an employee has forfeited pursuant to subsection (3)(c) of this section in the tax year.
(b) Upon request by the state auditor, the department shall provide to the
state auditor the information contained in records required by subsection (4)(a) of this section.
(5) If the amount of the credit allowed under this section exceeds the
amount of income taxes otherwise due on the employer's income in the income tax year for which the credit is claimed, the amount of the credit not used as an offset against income taxes in the current income tax year may be carried forward and used as a credit against income tax liability in subsequent years for a period not to exceed five years and must be applied first to the earliest income tax year possible. Any credit remaining after the period may not be refunded or credited to the employer.
(6) (a) Nothing in this section is intended to preclude an employee who
receives a contribution from their employer in accordance with subsection (3) of this section from having a first-time home buyer savings account pursuant to part 47 of this article 22.
(b) This subsection (6) is repealed, effective December 31, 2028.
Source: L. 2023: Entire section added, (HB 23-1189), ch. 446, p. 2626, � 1,
effective August 7. L. 2024: (6) amended, (HB 24-1036), ch. 373, p. 2532, � 23, effective August 7.
Cross references: For the legislative declaration in HB 24-1036, see section 1
of chapter 373, Session Laws of Colorado 2024.
C.R.S. § 39-22-604.5
39-22-604.5. Withholding tax - transfers of Colorado real property - nonresident transferors. (1) Except as otherwise provided in this section, in the case of any conveyance of a Colorado real property interest, the title insurance company or its authorized agent or any attorney, bank, savings and loan association, savings bank, corporation, partnership, association, joint stock company, trust, or unincorporated organization or any combination thereof, acting separately or in concert, that provides closing and settlement services as defined herein shall be required to withhold an amount equal to two percent of the sales price of the Colorado real property interest conveyed or the net proceeds resulting from such conveyance, whichever is less, when:
(a) The transferor is a person and either the return required to be filed with
the secretary of the treasury pursuant to section 6045 (e) of the internal revenue code indicates or the authorization for the disbursement of the funds resulting from such transaction instructs that such funds be disbursed to a transferor with a last-known street address outside the boundaries of this state at the time of the transfer of the title to such Colorado real property interest or to the escrow agent of such transferor; or
(b) (I) The transferor is a corporation which immediately after the transfer of
the title to the Colorado real estate interest has no permanent place of business in Colorado.
(II) For purposes of this section, a corporation has no permanent place of
business in Colorado if all of the following apply:
(A) Such corporation is a foreign corporation;
(B) Such corporation does not qualify pursuant to law to transact business in
Colorado; and
(C) Such corporation does not maintain and staff a permanent office in
Colorado.
(2) No title insurance company or its authorized agent or any attorney, bank,
savings and loan association, savings bank, corporation, partnership, association, joint stock company, trust, or unincorporated organization or any combination thereof, acting separately or in concert, that provides closing and settlement services as defined herein shall be required to withhold any amount pursuant to this section:
(a) If the sales price of the Colorado real property conveyed does not exceed
one hundred thousand dollars;
(b) When the transferee is a bank or corporate beneficiary under a mortgage
or beneficiary under a deed of trust and the Colorado real property interest is acquired in judicial or nonjudicial foreclosure or by deed in lieu of foreclosure;
(c) If the title insurance company or its authorized agent or any attorney,
bank, savings and loan association, savings bank, corporation, partnership, association, joint stock company, trust, or unincorporated organization or any combination thereof, acting separately or in concert, that provides closing and settlement services as defined herein in good faith relies upon a written affirmation executed by the transferor, certifying under penalty of perjury one of the following:
(I) That the transferor, if a person, is a resident of Colorado;
(II) That the transferor, if a corporation, has a permanent place of business in
Colorado;
(III) That the Colorado real property being conveyed is the principal
residence of the transferor; or
(IV) That the transferor will not owe tax reasonably estimated to be due
pursuant to this article from the inclusion of the actual gain required to be recognized on the transaction in the gross income of the transferor.
(3) Any title insurance company or its authorized agent which is required to
withhold any amount pursuant to this section and fails to do so shall be liable for the greater of the following amounts for such failure to withhold:
(a) Five hundred dollars;
(b) Ten percent of the amount required to be withheld pursuant to this
section, not to exceed two thousand five hundred dollars.
(4) (a) Amounts withheld and payments made in accordance with this section
shall be reported and remitted to the department of revenue in such form and at such time as specified by rule and regulation of the executive director. Written affirmations executed pursuant to paragraph (c) of subsection (2) of this section shall be submitted to the department of revenue pursuant to procedures specified by rule and regulation of the executive director.
(b) All of the other provisions of this article shall apply to and be effective as
to the provisions of this section to the extent to which they are not inconsistent with this section, and all of the remedies available to the department of revenue for the administration, assessment, enforcement, and collection of tax under other sections of this article and article 21 of this title shall be available to the department of revenue and shall apply to the amounts required to be deducted and withheld pursuant to the provisions of this section, and all of the penalties, both civil and criminal, shall apply to this section.
(5) Whenever a title insurance company or its authorized agent provides
escrow services as directed by the parties in compliance with the withholding requirements of this section, such title insurance company or its authorized agent shall charge the parties pursuant to the rates in effect at the time and filed with the division of insurance of the department of regulatory agencies as required by law.
(6) For purposes of this section, unless the context otherwise requires:
(a) Authorized agent means a title insurance agent, as defined in section
10-11-102 (9), C.R.S., who is responsible for closing and settlement services in the transaction.
(b) Closing and settlement services means closing and settlement services
as defined in section 10-11-102 (3.5), C.R.S., and section 38-35-125, C.R.S.
(c) Colorado real property interest means an interest in real property
located in Colorado and defined in section 897 (c)(1)(A)(i) of the internal revenue code.
(d) Escrow agent means an agent for the purpose of receiving and
transferring funds to a principal.
(e) Person means any individual, estate, or trust who may be subject to
taxation pursuant to part 1 of this article.
(f) Sales price means the sum of all of the following:
(I) The cash paid or to be paid, but shall not include stated or unstated
interest or original issue discount as determined pursuant to sections 1271 to 1275 of the internal revenue code;
(II) The fair market value of other property transferred or to be transferred;
(III) The outstanding amount of any liability assumed by the transferee to
which the Colorado real property interest is subject immediately before and after the transfer.
(g) Title insurance company means the title insurance company, as defined
in section 10-11-102 (10), C.R.S., responsible for closing and settlement services in the transaction.
Source: L. 92: Entire section added, p. 2274, � 1, effective July 1. L. 96: (6)(e)
amended, p. 337, � 3, effective April 16. L. 2016: (2)(c)(III) amended, (SB 16-189), ch. 210, p. 794, � 111, effective June 6.
C.R.S. § 39-22-652
39-22-652. Definitions. For purposes of this subpart 2, unless the context otherwise requires:
(1) Colorado combined group means a group of affiliated C corporations
required or allowed to file a combined report pursuant to section 39-22-303.
(2) Department means the department of revenue.
(3) Income tax means a tax imposed under this article.
(4) Income tax return means a return filed under section 39-22-601.
(5) Listed transaction means a transaction that is:
(a) The same as, or substantially similar to, a transaction or arrangement
specifically identified as a listed transaction by the United States secretary of the treasury in written materials interpreting the requirements of section 6011 of the internal revenue code;
(b) A transaction between a captive real estate investment trust as defined
in section 39-22-503 (2) and its more than fifty percent beneficial owner as described in section 39-22-503 (2)(a); or
(c) A transaction between a captive regulated investment company as
defined in section 39-22-501 (2) and its more than fifty percent beneficial owner as described in section 39-22-501 (2)(a).
(6) Material advisor shall have the same meaning as set forth in section
6111 of the internal revenue code.
(7) Reportable transaction means any transaction or arrangement that is
the same as any transaction or arrangement described in 26 CFR 1.6011-4 (b)(2) to (b)(6) but shall not include any transactions specifically excluded by the internal revenue service.
Source: L. 2009: Entire section added, (HB 09-1093), ch. 75, p. 271, � 4,
effective April 2.
C.R.S. § 39-22-653
39-22-653. Taxpayer disclosure of reportable or listed transactions. (1) A taxpayer shall be subject to the provisions of this section for each taxable year in which the taxpayer participates in a reportable or listed transaction.
(2) A taxpayer subject to the provisions of this section shall disclose any
reportable or listed transaction to the department in a disclosure statement as specified in subsection (5) of this section; except that, in the case of multiple transactions described in section 39-22-652 (5)(b) or (5)(c) that occur within a single tax year, in lieu of a disclosure for each transaction with a regulated investment company or a real estate investment trust, a taxpayer may file a disclosure for multiple transactions with a regulated investment company or real estate investment trust showing the name and ownership of each such entity and each such entity's total assets and total income earned prior to any dividend paid deduction.
(3) If a taxpayer participates in or has participated in any reportable or listed
transaction for any period that is still open for assessment pursuant to section 39-21-107 as of the due date of the taxpayer's income tax return, then the taxpayer shall file a disclosure statement as specified in subsection (5) of this section with respect to the reportable or listed transaction.
(4) (a) Any statement that is required to be filed or disclosure required to be
made by this section with respect to any tax year for which the return has already been filed by a date sixty days after April 2, 2009, and that is filed or made prior to or together with the taxpayer's next filed return shall be considered timely filed or made.
(b) Any statement that is required to be filed or disclosure required to be
made by this section with respect to any tax year the return for which has not been filed by a date sixty days after April 2, 2009, and that is filed or made on or before July 1, 2010, shall be considered timely filed or made.
(c) The statute of limitations with respect to any return for which a
statement is required to be filed or disclosure required to be made by this section shall be tolled from April 2, 2009, until such statement or disclosure is filed or made, but in no event shall the statute of limitations be tolled for more than twenty-four months.
(5) (a) With respect to any reportable transaction or with respect to any
listed transaction as specified in section 39-22-652 (5)(a), the taxpayer shall, at the taxpayer's discretion, file with the taxpayer's next filed return a copy of the federal disclosure form or a form specified by the department.
(b) With respect to any listed transaction not specified in section 39-22-652
(5)(a), the department may specify the form and manner of any statement required to be filed or disclosure required to be made, which statement shall be filed with the taxpayer's next filed return.
Source: L. 2009: Entire section added, (HB 09-1093), ch. 75, p. 272, � 4,
effective April 2.
C.R.S. § 39-26-118
39-26-118. Recovery of taxes, penalty, and interest - repeal. (1) (a) All sums of money paid by the purchaser to the retailer as taxes imposed by this article 26 shall be and remain public money, the property of the state of Colorado, in the hands of such retailer, and the retailer shall hold the same in trust for the sole use and benefit of the state of Colorado until paid to the executive director of the department of revenue, and, for failure to so pay to the executive director, the retailer shall be punished as provided by law.
(b) (I) This subsection (1) does not apply to a qualifying retailer retaining
state sales tax as allowed in section 39-26-105 (1.3).
(II) This subsection (1)(b) is repealed, effective December 31, 2026.
(2) (a) (I) If a person neglects or refuses to make a timely return in payment
of the tax or to pay or correctly account for any tax as required by this article 26, the executive director of the department of revenue shall make an estimate, based upon the information that may be available, of the amount of taxes due or not accounted for or incorrectly accounted for on a return for the period for which the taxpayer is delinquent. The executive director shall add to the estimated amount of taxes due or not accounted for interest if applicable under section 39-21-110.5, and a penalty equal to the greater of:
(A) The sum of fifteen dollars; or
(B) Ten percent of such unpaid, unaccounted, or incorrectly accounted
amount, plus one-half percent per month from the date when due, not exceeding eighteen percent in the aggregate.
(II) The executive director shall provide the delinquent taxpayer written
notice of the estimated taxes, penalty, and interest by first-class mail as set forth in section 39-21-105.5.
(b) Such estimate shall thereupon become a notice of deficiency as provided
in section 39-21-103. A hearing may be held and the executive director shall make a final determination pursuant to that section. The taxpayer may appeal the said final determination in the manner provided in section 39-21-105.
(3) (a) If any taxes, penalty, or interest imposed by this article and shown due
by returns filed by the taxpayer or as shown by assessments duly made as provided in this section are not paid within five days after the same are due, the executive director shall issue a notice, setting forth the name of the taxpayer, the amount of the tax, penalties, and interest, the date of the accrual thereof, and that the state of Colorado claims a first and prior lien therefor on the real and tangible personal property of the taxpayer except as to preexisting claims or liens of a bona fide mortgagee, pledgee, judgment creditor, or purchaser whose rights have attached prior to the filing of the notice as provided in this section on property of the taxpayer, other than the goods, stock in trade, and business fixtures of such taxpayer.
(b) Said notice shall be on forms prepared by the executive director, and
shall be verified by him or his duly qualified deputy, or any duly qualified agent of the executive director, whose duties are the collection of such tax, and may be filed in the office of the county clerk and recorder of any county in the state in which the taxpayer owns real or tangible personal property, and the filing of such notice shall create such lien on such property in that county and constitute notice thereof. After said notice has been filed, or concurrently therewith, or at any time when taxes due are unpaid, whether such notice is filed or not, the executive director may issue a warrant directed to any duly authorized revenue collector, or to the sheriff of any county of the state, commanding him to levy upon, seize, and sell sufficient of the real and personal property of the tax debtor found within his county for the payment of the amount due, together with interest, penalties, and costs, as may be provided by law, subject to valid preexisting claims or liens.
(4) Such revenue collector or the sheriff shall forthwith levy upon sufficient
of the property of the taxpayer, or any property used by such taxpayer in conducting his retail business, except property made exempt from lien pursuant to the provisions of section 39-26-117 (1)(b), and said property so levied upon shall be sold in all respects with like effect and in the same manner as is prescribed by law in respect to executions against property upon judgment of a court of record, and the remedies of garnishments shall apply. The sheriff shall be entitled to such fees in executing such warrant as are allowed by law for similar services.
(5) Any lien for taxes as shown on the records of the county clerk and
recorders as provided in this section, upon payment of all taxes, penalties, and interest covered thereby, shall be released by the executive director in the same manner as mortgages and judgments are released.
(6) It is the duty of any county clerk and recorder to whom such notices are
sent to file and record the same without cost or charge.
(7) (a) The executive director may also treat any such taxes, penalties, or
interest due and unpaid as a debt due the state from the vendor. In case of failure to pay the tax or any portion thereof, or any penalty or interest thereon when due, the executive director may receive at law the amount of such taxes, penalties, and interest in such county or district court of the county wherein the taxpayer resides or has his principal place of business having jurisdiction of the amounts sought to be collected. The return of the taxpayer or the assessment made by the executive director, as provided in this article, shall be prima facie proof of the amount due.
(b) Such actions may be actions in attachment, and writs of attachment may
be issued to the sheriff, and in any such proceeding no bond shall be required of the executive director, nor shall any sheriff require of the executive director an indemnifying bond for executing the writ of attachment or writ of execution upon any judgment entered in such proceedings; and the executive director may prosecute appeals in such cases without the necessity of providing bond therefor. It is the duty of the attorney general or any district attorney, when requested by the executive director, to commence action for the recovery of taxes due under this article, and this remedy shall be in addition to all other existing remedies or remedies provided in this article and article 21 of this title.
(8) In any action affecting the title to real estate or the ownership or rights to
possession of personal property, the state of Colorado may be made a party defendant for the purpose of obtaining an adjudication or determination of its lien upon the property involved therein. In any such action, service of summons upon the executive director or any person in charge of the office of the executive director shall be sufficient service and binding upon the state of Colorado.
(9) The executive director is authorized to waive, for good cause shown, any
penalty or interest assessed as provided in this article and article 21 of this title, and interest imposed in excess of the rate imposed under section 39-21-110.5 shall be deemed a penalty.
Source: L. 35: p. 1015, � 11. CSA: C. 144, � 25. L. 37: p. 1094, � 1. L. 39: p. 505,
� 3. CRS 53: � 138-6-24. C.R.S. 1963: � 138-5-24. L. 64: pp. 184, 326, �� 3, 314. L. 65: p. 1150, � 3. L. 69: p. 1138, � 3. L. 77: (2)(a) amended, p. 743, � 3, effective July 1. L. 81: (2)(a) and (9) amended, p. 1867, � 12, effective June 8. L. 85: (2)(a) amended, p. 1257, � 11, effective January 1, 1986. L. 86: (2)(a) amended, p. 1222, � 36, effective May 30. L. 89: (9) amended, p. 1497, � 2, effective June 7. L. 96: (2)(a) amended, p. 167, � 9, effective July 1. L. 2009: (2)(a) amended, (HB 09-1101), ch. 68, p. 236, � 1, effective March 25. L. 2020: (2)(a) amended, (HB 20-1174), ch. 104, p. 400, � 1, effective September 14. L. 2020, 1st Ex. Sess.: (1) amended, (HB 20B-1004), ch. 3, p. 24, � 4, effective December 7.
Cross references: For the legislative declaration in HB 20B-1004, see section
1 of chapter 3, Session Laws of Colorado 2020, First Extraordinary Session.
C.R.S. § 39-27-101
39-27-101. Construction - definitions. As used in this part 1, unless the context otherwise requires:
(1) Air carrier means any domestic or foreign aircraft carrying passengers
or cargo for hire.
(1.5) Biodiesel fuel means a motor vehicle fuel that is produced from plant
or animal products or wastes, as opposed to fossil fuel sources.
(2) Blended gasoline means any mixture of taxable or tax-exempt gasoline
with any other liquid on which the excise tax has not been imposed pursuant to this section.
(3) Blended special fuel means any mixture of taxable or tax-exempt
special fuel with any other liquid on which the excise tax has not been imposed pursuant to this section, other than special fuel that has been dyed in accordance with federal regulations.
(4) Blender means a person who produces blended gasoline or blended
special fuel outside of the bulk transfer and terminal system.
(4.1) Bulk transfer means any transfer of gasoline or special fuel by
pipeline or vessel and any transfer of gasoline or special fuel by railcar from a refinery to a terminal operated by the refiner.
(4.2) Bulk transfer and terminal system means the distribution system for
gasoline and special fuel consisting of refineries, pipelines, vessels, and terminals. Gasoline or special fuel in the tank of any vehicle or in any trailer, truck, or other equipment suitable for ground transportation is not in the bulk transfer and terminal system. Gasoline or special fuel in any railcar is not in the bulk transfer and terminal system unless it is being transferred from a refinery to a terminal operated by the refiner.
(4.3) Cargo tank means a bulk packaging that:
(a) Is a tank intended primarily for the carriage of liquids, gases, solids, or
semi-solids and includes appurtenances, reinforcements, fittings, and closures;
(b) Is permanently attached to or forms a part of a motor vehicle, or is not
permanently attached to a motor vehicle but that, by reason of its size, construction, or attachment to a motor vehicle, is loaded or unloaded without being removed from the motor vehicle;
(c) Is not fabricated under a specification for cylinders, intermediate bulk
containers, multiunit tank car tanks, portable tanks, or tank cars; and
(d) Is not primarily intended to provide fuel for the propulsion of the motor
vehicle.
(4.7) Cargo tank motor vehicle means a motor vehicle with one or more
cargo tanks permanently attached to or forming an integral part of the motor vehicle.
(5) Common carrier or carrier means a person, including a railroad
operator, who transports gasoline or special fuel from a terminal located in this state or transports gasoline or special fuel imported into this state and who does not own the gasoline or special fuel, but does not include transportation by bulk transfer.
(6) Direct air carrier means a person who provides or offers to provide air
transportation and who has control over the operational functions performed in providing that transportation. A direct air carrier that provides air transportation services to a public charter operator as defined in subsection (24) of this section has a binding commitment to furnish air transportation to the public charter operator via a charter contract pursuant to 14 CFR 380.29 and shall actively provide such air transportation services to the public charter operator.
(7) (a) Distributor means:
(I) A gasoline or special fuel broker, any person who sells special fuel to
another distributor, broker, or vendor, and any vendor of liquefied petroleum gas or natural gas;
(II) Any person who acquires gasoline or special fuel from a supplier,
importer, blender, or another distributor for the subsequent sale and distribution by tank cars, tank trucks, or both;
(III) Any person who refines, manufactures, produces, compounds, blends, or
imports special fuel or gasoline;
(IV) A private commercial fleet operator that uses natural gas from a public
utility, as defined in section 40-1-103 (1), C.R.S., if:
(A) The public utility is not a distributor with respect to the sale of the
natural gas; and
(B) The commercial fleet operator has not contracted with another person to
be a distributor under subparagraph (V) of this paragraph (a);
(V) Any person who contracts with a private commercial fleet operator to be
a distributor on behalf of the operator; or
(VI) A private commercial fleet operator that uses liquefied petroleum gas, if
the operator has not contracted with a person to be a distributor on behalf of the operator.
(b) Distributor includes every person importing gasoline or special fuel by
means of a pipeline or in any other manner but does not include persons importing gasoline or special fuel contained only in the fuel tank of a motor vehicle.
(c) Notwithstanding any provision of this subsection (7) to the contrary, a
public utility as defined in section 40-1-103 (1), C.R.S., is only a distributor if it sells special fuel as a vendor through an alternative fuel vehicle charging or fueling facility that is unregulated under section 40-1-103.3, C.R.S., but only with respect to those sales.
(d) Notwithstanding any provision of this subsection (7) to the contrary, a
person who meets the requirements of section 39-27-104 (5)(a) is not a distributor.
(8) Dyed diesel means diesel fuel that is dyed under the rules of the United
States environmental protection agency or the internal revenue service for high sulphur diesel fuel or low sulphur diesel fuel or under any other requirements subsequently set by such agencies for special fuel sold for nontaxable uses.
(9) Exporter means a person who acquires gasoline or special fuel in this
state exclusively for delivery to another state in which he or she is licensed.
(9.5) Ex-tax means gasoline or special fuel sold by a distributor upon which
the tax imposed by this part 1 has not been paid, or for which the distributor will obtain a credit or refund pursuant to section 39-27-102.5.
(10) Fuel tank means any receptacle on a motor vehicle from which fuel is
supplied for the propulsion of the vehicle, exclusive of a cargo tank, and includes any separate compartment of a cargo tank used as a fuel tank and any auxiliary tank or receptacle of any kind from which fuel is supplied for the propulsion of the vehicle, whether or not such tank or receptacle is directly connected to the fuel supply line of the vehicle.
(11) Gallons means gallons as measured on a gross gallons basis, as
defined in section 8-20-201 (3), C.R.S.; except that:
(a) (I) For a vendor who sells compressed natural gas at retail, gallons
means gallons as measured in accordance with the mass labeling requirements for gasoline equivalents that are included in section 3-3 of the rules promulgated by the division of oil and public safety in the department of labor and employment, or any successor rule;
(II) For all distributors of compressed natural gas other than those specified
in subparagraph (I) of this paragraph (a), gallons means gallons as measured in accordance with whichever of the following was the basis for the sale of the gas to the distributor:
(A) The volumetric reporting requirements that are included in the federal
excise tax return, form 720, established by the federal internal revenue service, or any successor form that is used for paying the federal fuel tax;
(B) The mass labeling requirements for gasoline equivalents that are
included in section 3-3 of the rules promulgated by the division of oil and public safety in the department of labor and employment, or any successor rule; or
(C) The energy measure included in the definition for gasoline gallon
equivalent in section 1-6 of the rules promulgated by the division of oil and public safety in the department of labor and employment, or any successor rule; and
(b) For purposes of liquefied petroleum gas, gallons means gallons as
measured on a net gallon basis as defined in section 8-20-201 (5), C.R.S.
(12) Gasoline means any flammable liquid used primarily as a fuel for the
propulsion of motor vehicles, motor boats, or aircraft. Gasoline does not include diesel engine fuel, kerosene, liquefied petroleum gas, or natural gas; except that gasoline does include products, including kerosene, specially prepared for, sold for, and used in aircraft. Except as otherwise provided in this subsection (12), any product once blended with gasoline is considered gasoline for purposes of the excise tax imposed pursuant to this part 1.
(13) Highway means any way or place in this state of whatever nature, open
to the use of the public, for purposes of traffic, including highways under construction.
(14) Importer means a person who imports gasoline or special fuel by bulk
transfer or by truck or rail transport load into this state from another state by truck, rail, or pipeline.
(15) In this state means within the exterior limits of the state of Colorado
and includes all territories within these limits owned by or ceded to the United States of America.
(16) Indirect air carrier means any person who engages directly in air
transportation operations and who uses the services of a direct air carrier for such transportation services.
(17) Licensee means any person holding a valid license issued by the
department of revenue pursuant to section 39-27-104, to act as a supplier, terminal operator, importer, exporter, distributor, carrier, or blender.
(18) Motor vehicle means any self-propelled vehicle required to be licensed
or subject to licensing for operation upon the highways of this state.
(19) Part 121 air carrier means an aircraft operator that conducts operations
pursuant to 14 CFR 121 between any two points within the forty-eight contiguous states of the United States or within the United States and a specifically authorized point located outside the United States, operating any of the following:
(a) A turbojet-powered airplane;
(b) An airplane having a passenger-seat configuration of more than nine
passenger seats, excluding each crewmember seat; or
(c) An airplane having a payload capacity of more than seven thousand five
hundred pounds.
(20) Part 135 commuter air carrier means an aircraft operator that
conducts operations pursuant to 14 CFR 135, operating a minimum of five round trips per week on at least one route between two or more points according to the published flight schedules, operating either of the following:
(a) Any airplane, other than a turbojet-powered airplane, that has a maximum
passenger-seat configuration of nine seats or fewer and a payload capacity of seven thousand five hundred pounds or fewer; or
(b) A rotorcraft.
(21) Part 135 on-demand operator means an aircraft operator that conducts
operations for hire or compensation pursuant to 14 CFR 135 in an aircraft with nine or fewer passenger seats and a payload capacity of seven thousand five hundred pounds or fewer. A part 135 on-demand operator operates on an on-demand basis and does not meet the flight scheduled qualifications of a part 135 commuter air carrier.
(22) (a) Person means every individual, firm, association, joint stock
company, syndicate, limited liability company, partnership, joint venture, corporation, estate, trust, or any group or combination thereof acting as a unit, this state, any county, city and county, municipality, special district, or other political subdivision of this state, or any group or combination of such governmental entities acting as a unit.
(b) Whenever used in any clause in this part 1 prescribing or imposing a fine,
imprisonment, or both, person:
(I) As applied to a firm, association, limited liability company, partnership,
joint venture, joint stock company, receiver, or syndicate, means the partners or members thereof;
(II) As applied to a corporation, means the officers or resident managing
agent thereof; and
(III) As applied to an estate, trust, or business trust, means the administrator
or trustee thereof.
(23) Public charter means a one way or round trip charter flight performed
by one or more direct air carriers as defined pursuant to subsection (6) of this section and that is arranged and sponsored by a public charter operator pursuant to 14 CFR 380.
(24) Public charter operator means a United States or foreign indirect air
carrier as defined in subsection (16) of this section that is authorized to engage in the formation of groups for transportation on public charters in accordance with 14 CFR 380.
(25) Refiner means a person who processes crude oil or who produces,
refines, prepares, distills, or manufactures gasoline or special fuel in this state.
(26) Refinery means any place where gasoline, special fuel, or crude oil is
produced, refined, compounded, blended, or manufactured.
(26.5) Remove means to physically transfer gasoline or special fuel.
However, gasoline or special fuel is not removed when it evaporates or is otherwise lost or destroyed.
(27) Retailer means every person selling gasoline in this state at the retail
level of trade.
(28) Sell means to transfer title or possession, exchange, or barter in any
manner or by any means whatsoever.
(29) Special fuel means diesel engine fuel, kerosene, liquefied petroleum
gas, and natural gas used for the generation of power to propel a motor vehicle on the highways of this state. Special fuel does not include gasoline as defined in subsection (12) of this section.
(30) Supplier means a person who owns and stores gasoline or special fuel
in a pipeline terminal, terminal, or refinery in or outside of this state for sale or use within or outside the boundaries of this state.
(31) Tank farm means any collection of tanks for storage of gasoline or
special fuel located at or appurtenant to any refinery or pipeline terminal for storage of gasoline or special fuel before the sale thereof in this state.
(32) Terminal means a gasoline or special fuel storage and distribution
facility that is supplied by a pipeline, vessel, or refinery, a storage and distribution facility operated by a refiner and supplied by a railcar, or a tank farm from which gasoline or special fuel may be removed for distribution.
(33) Terminal operator means the person who by ownership or contractual
agreement controls the operation of a terminal.
(34) Use or uses means the placing of special fuel into any fuel tank,
unless it is established to the satisfaction of the executive director of the department of revenue that the fuel was consumed for a purpose other than to propel a motor vehicle on the highways of this state. With respect to fuel brought into this state in a fuel tank, use means the consumption of the fuel in this state. A vendor placing special fuel other than liquefied petroleum gas into a fuel tank of a motor vehicle not owned by the vendor is not deemed to have used the fuel.
(35) User means any person who uses special fuel.
(36) Vendor means any person who sells special fuel in this state and
places the fuel, or causes the fuel to be placed, into any fuel tank or receptacle from which a fuel tank is supplied; including service station dealers, brokers, and users who sell special fuel to others and distributors who sell special fuel to users. For the purposes of this part 1, a vendor of liquefied petroleum gases shall be deemed a distributor and shall comply with all of the requirements imposed upon distributors in this part 1.
Source: L. 33: p. 716, � 1. L. 35: p. 904, � 1. CSA: C. 16, � 381. L. 47: p. 267, � 1.
L. 51: p. 182, � 1. CRS 53: � 138-3-1. L. 63: p. 942, � 1. C.R.S. 1963: � 138-2-1. L. 65: p. 1114, � 1. L. 67: p. 235, � 1. L. 79: IP(1), (2), (3)(b), (4), (5), (6), and (8) amended and (7) repealed, pp. 1473, 1501, �� 1, 29, effective January 1, 1980. L. 81: (1.5) added, p. 1892, � 2, effective May 18. L. 88: (2) amended, p. 1091, � 6, effective January 1, 1989. L. 95: (1), (4), and (5) amended, p. 981, � 1, effective July 1. L. 98: Entire section amended, p. 1021, � 1, effective July 1. L. 2000: (1.1), (1.8), (1.9), (2.1), (2.3), (2.5), (6.1), (6.3), (11), (12), and (13) added with relocations and (1.2), (1.4), (1.5), (1.6), (1.7), (2.2), (5), (6), (6.6), (8), and (9) amended with relocations, p. 1913, � 1, effective October 1. L. 2003: Entire section amended, p. 1812, � 2, effective August 6. L. 2009: (1.5) added, (SB 09-098), ch. 195, p. 877, � 1, effective August 5. L. 2013: (7) and (11) amended, (HB 13-1110), ch. 225, p. 1058, � 5, effective January 1, 2014. L. 2015: (4.3), (4.7), (7)(a)(VI), and (7)(d) added and (7)(a)(IV), (7)(a)(V), (11), and (34) amended, (HB 15-1228), ch. 315, p. 1284, � 2, effective January 1, 2016. L. 2016: (6), IP(19), IP(20), (21), (23), and (24) amended, (SB 16-189), ch. 210, p. 795, � 113, effective June 6. L. 2021: (4), (5), (12), (14), (17), and (32) amended and (4.1), (4.2), (9.5), and (26.5) added, (HB 21-1322), ch. 453, p. 2998, � 1, effective January 1, 2022. L. 2022: (4.2) and (12) amended, (HB 22-1311), ch. 440, p. 3093, � 1, effective August 10.
Editor's note: (1) Subsection (2)(a) provided for the repeal of subsection
(2)(a), effective January 1, 1989. (See L. 88, p. 1091.)
(2) The provisions of this section are similar to several former provisions of �
39-27-201 as they existed prior to 2000. For a detailed comparison of this section, see House Bill 00-1479, L. 2000, p. 1913.
Cross references: (1) For the legislative declaration contained in the 2003
act amending this section, see section 1 of chapter 278, Session Laws of Colorado 2003.
(2) For the legislative declaration in the 2013 act amending subsections (7)
and (11), see section 1 of chapter 225, Session Laws of Colorado 2013.
(3) For the legislative declaration in HB 15-1228, see section 1 of chapter 315,
Session Laws of Colorado 2015.
C.R.S. § 39-3-211
39-3-211. Reporting of assessed value reductions - reimbursement of local governmental entities - local governmental entity backfill cash fund - creation - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that:
(a) Most school districts rely on a combination of state and local sources of
revenue to pay for total program funding;
(b) State revenue makes up the difference between the full amount of a
school district's total program funding and the amount of a school district's total program funding that the school district pays for with its property tax revenue;
(c) The amount of state revenue necessary to make up the difference
between the full amount of a school district's total program funding and the amount of a school district's total program funding that the school district pays for with its property tax revenue is annually determined by the general assembly in the annual public school finance act;
(d) Therefore, it is the general assembly's expectation and intent that,
although school district property tax revenue is reduced by Senate Bill 24-233, the general assembly will increase the amount of state revenue that it annually distributes to school districts in order to maintain or increase school district total program funding;
(e) The general assembly will reimburse local governmental entities that rely
on property tax revenue other than school districts, at least in part, through the reimbursement described in this section; and
(f) It is the intent of the general assembly to review both the impact of the
property tax revenue reductions in Senate Bill 24-233 and the reimbursement described in this section on local governmental entities to ensure that local governmental entities can maintain the current level of critical services they provide.
(2) As used in this section, unless the context otherwise requires:
(a) County includes a city and county.
(b) Fund means the local governmental entity backfill cash fund created in
subsection (7)(a) of this section.
(c) Local governmental entity means a governmental entity authorized by
law to impose ad valorem taxes on taxable property located within its territorial limits; except that the term excludes school districts.
(3) For the property tax year commencing on January 1, 2024, each assessor
shall:
(a) Calculate the decrease, if any, in the total assessed value of real property
for each local governmental entity within the assessor's county between the property tax year commencing on January 1, 2022, and the property tax year commencing on January 1, 2024; and
(b) Determine each local governmental entity's mill levy for the property tax
year commencing on January 1, 2022, excluding any mills levied to provide for the payment of bonds and interest thereon or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon.
(3.5) For the property tax year commencing on January 1, 2025, each
assessor shall:
(a) Calculate the decrease, if any, in the total assessed value of real property
for each local governmental entity within the assessor's county between the property tax year commencing on January 1, 2024, and the property tax year commencing on January 1, 2025, as a result of House Bill 24B-1001; and
(b) Determine each local governmental entity's mill levy for the property tax
year commencing on January 1, 2024, excluding any mills levied to provide for the payment of bonds and interest thereon or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon.
(4) No later than March 1, 2025, an assessor shall report the amounts
calculated pursuant to subsection (3)(a) of this section, as applicable, the basis for the amounts, and the mill levies determined pursuant to subsection (3)(b) of this section to the administrator. No later than March 1, 2026, an assessor shall report the amounts calculated pursuant to subsection (3.5)(a) of this section, as applicable, the basis for the amounts, and the mill levies determined pursuant to subsection (3.5)(b) of this section to the administrator. The administrator may require an assessor to provide additional information as necessary to evaluate the accuracy of the amounts reported. The administrator shall confirm that the reported amounts are correct or rectify the amounts if necessary. The administrator shall then forward the correct amounts for a county to the state treasurer to enable the state treasurer to issue a reimbursement warrant to a treasurer in accordance with subsection (5) of this section.
(5) (a) No later than April 15, 2025, the state treasurer shall issue a warrant,
to be paid upon demand from the fund, to each treasurer that is equal to the total reimbursement amounts set forth in subsection (6) of this section for all local governmental entities within the treasurer's county.
(a.5) No later than April 15, 2026, the state treasurer shall issue a warrant, to
be paid upon demand from the fund, to each treasurer that is equal to the total reimbursement amounts set forth in subsection (6.5) of this section for all local governmental entities within the treasurer's county.
(b) Each treasurer shall distribute the total amount received from the state
treasurer to the local governmental entities, excluding school districts, within the treasurer's county as if the amount had been regularly paid as property tax so that the local governmental entities receive the amounts determined pursuant to subsections (6) and (6.5) of this section. If the total amount received from the state treasurer is reduced pursuant to subsections (6)(b) and (6.5)(b) of this section, each treasurer shall proportionally reduce the amount distributed to each local governmental entity. When distributing the total amount received from the state treasurer, each treasurer shall provide each local governmental entity with a statement of the amount distributed to the local governmental entity that represents the reimbursement received under subsections (6) and (6.5)(b) of this section.
(6) (a) For each local governmental entity that had a decrease in total
assessed value of real property from the property tax year commencing on January 1, 2022, to the property tax year commencing on January 1, 2024, the amount of reimbursement is an amount equal to that decrease in total assessed value multiplied by the local governmental entity's mill levy for the property tax year commencing on January 1, 2022, excluding any mills levied to provide for the payment of bonds and interest thereon or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon.
(b) Notwithstanding subsection (6)(a) of this section, if there is insufficient
money in the fund for the state treasurer to issue warrants pursuant to subsection (5)(a) of this section in the amounts determined pursuant to subsection (6)(a) of this section, the amounts of the warrants issued by the state treasurer must be proportionally reduced.
(c) The reimbursement amounts set forth in this section are based on the
amounts that the administrator reports to the treasurer in accordance with subsection (4) of this section.
(6.5) (a) For each local governmental entity that had a decrease in total
assessed value of real property from the property tax year commencing on January 1, 2024, to the property tax year commencing on January 1, 2025, as a result of House Bill 24B-1001, the amount of reimbursement is an amount equal to that decrease in total assessed value multiplied by the local governmental entity's mill levy for the property tax year commencing on January 1, 2024, excluding any mills levied to provide for the payment of bonds and interest thereon or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon.
(b) Notwithstanding subsection (6.5)(a) of this section, if there is insufficient
money in the fund for the state treasurer to issue warrants pursuant to subsection (5)(a.5) of this section in the amounts determined pursuant to subsection (6.5)(a) of this section, the amounts of the warrants issued by the state treasurer must be proportionally reduced.
(c) The reimbursement amounts set forth in this section are based on the
amounts that the administrator reports to the treasurer in accordance with subsection (4) of this section.
(7) (a) The local governmental entity backfill cash fund is hereby created in
the state treasury. The fund consists of money transferred to the fund in accordance with subsection (7)(b) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the local governmental entity backfill cash fund to the fund.
(b) On April 1, 2025, the state treasurer shall transfer from the sustainable
rebuilding program fund created in section 24-38.5-115 (7) to the local governmental entity backfill cash fund ten million three hundred eleven thousand two hundred thirty-three dollars.
(c) The money in the fund is available for the state treasurer to pay the
warrants required to be issued in accordance with subsection (5) of this section.
(d) After issuing every warrant required pursuant to subsection (5)(a.5) of
this section, the state treasurer shall credit any unexpended and unencumbered money remaining in the fund at that time to the sustainable rebuilding program fund created in section 24-38.5-115 (7).
(8) This section is repealed, effective July 1, 2027.
Source: L. 2024: Entire section added, (SB 24-233), ch. 171, p. 921, � 9,
effective October 1 (see editor's note). L. 2024, 2nd Ex. Sess.: (3.5), (5)(a.5), and (6.5) added and (4), (5)(b), (7)(d), and (8) amended, (HB 24B-1001), ch. 1, p. 20, � 15, effective October 1 (see editor's note).
Editor's note: (1) Section 18 of chapter 1, (HB 24B-1001), Session Laws of
Colorado 2024, Second Extraordinary Session, amended section 14 of chapter 171, (SB 24-233), Session Laws of Colorado 2024, to change the effective date of SB 24-233 to October 1, 2024, if both an initiative that reduces valuations for assessment and an initiative that requires voter approval for retaining property tax revenue that exceeds a limit are withdrawn pursuant to � 1-40-134 from the statewide ballot for the general election held on November 5, 2024. On September 4, 2024, the secretary of state announced both an initiative that reduces valuations for assessment and an initiative that requires voter approval for retaining property tax revenue that exceeds a limit were withdrawn from the 2024 general election ballot.
(2) Section 19 of chapter 1 (HB 24B-1001), Session Laws of Colorado 2024,
Second Extraordinary Session, provides that the act changing this section takes effect only if SB 24-233 takes effect and takes effect upon the effective date of SB 24-233. SB 24-233 took effect on October 1, 2024, due to an amendment to the effective date of SB 24-233 by section 18 of chapter 1 (HB 24B-1001), Session Laws of Colorado 2024, Second Extraordinary Session.
Deferrals
ARTICLE 3.5
Tax Deferral for the Elderly
and Military Personnel
Law reviews: For article, Survey of Colorado Tax Liens, see 14 Colo. Law.
1765 (1985); for article, An Update of Appendices from Collecting Pre- and Post-Judgment Interest in Colorado, see 15 Colo. Law. 990 (1986).
39-3.5-101. Definitions. As used in this article 3.5, unless the context
otherwise requires:
(1) Homestead means the owner-occupied residence of the taxpayer and
includes owner-occupied units in a condominium, townhouse, or similar structure and an owner-occupied mobile home.
(1.5) Mobile home means any wheeled vehicle, exceeding either eight feet
in width or thirty-two feet in length, excluding towing gear and bumpers, without motive power, which is designed and commonly used for occupancy by persons for residential purposes, in either temporary or permanent locations, and which may be drawn over the public highways by a motor vehicle.
(1.8) Person called into military service means a member of the Army
National Guard of the United States, the Army reserve, the Naval reserve, the Marine Corps reserve, the Air National Guard of the United States, the Air Force reserve, or the Coast Guard reserve who has been ordered to active duty pursuant to 10 U.S.C. sec. 12301 (a) or 12302 for a period of more than thirty consecutive days in a time of war or national emergency declared by the congress or the president of the United States. Active duty includes any period during which a person called into military service is absent from duty on account of sickness, wounds, leave, or other lawful cause.
(2) Real property taxes means all ad valorem taxes levied on a homestead,
including special assessments and all other charges which are recoverable by law at the annual real estate tax sale, and includes special assessments and all other charges which are recoverable by law at the personal property tax sale of a mobile home, as provided in section 39-10-111.
(2.5) Repealed.
(3) Tax-deferred property means the property upon which real property
taxes are deferred pursuant to this article.
(3.5) Repealed.
(4) Taxpayer means a person who has filed or whose guardian, conservator,
or attorney-in-fact has filed a claim for deferral pursuant to this article or persons who have jointly filed a claim for deferral under this article.
Source: L. 78: Entire article added, p. 471, � 1, effective February 28, 1979. L.
79: (1) and (4) amended, p. 1411, � 1, effective January 1, 1980. L. 88: (1) and (2) amended and (1.5) added, p. 1283, � 9, effective January 1, 1989. L. 2003: (1.8) added, p. 2112, � 1, effective May 22. L. 2021: IP amended and (3.5) added, (SB 21-293), ch. 301, p. 1808, � 5, effective June 23. L. 2022: (2.5) added, (SB 22-220), ch. 388, p. 2759, � 1, effective June 7. L. 2024: (3.5) amended, (SB 24-233), ch. 171, p. 923, � 10, effective October 1 (see editor's note). L. 2025: (2.5) and (3.5) repealed, (SB 25-261), ch. 425, p. 2411, � 1, effective July 1.
Editor's note: Section 18 of chapter 1, (HB 24B-1001), Session Laws of
Colorado 2024, Second Extraordinary Session, amended section 14 of chapter 171, (SB 24-233), Session Laws of Colorado 2024, to change the effective date of SB 24-233 to October 1, 2024, if both an initiative that reduces valuations for assessment and an initiative that requires voter approval for retaining property tax revenue that exceeds a limit are withdrawn pursuant to section 1-40-134, C.R.S., from the statewide ballot for the general election held on November 5, 2024. On September 4, 2024, the secretary of state announced both an initiative that reduces valuations for assessment and an initiative that requires voter approval for retaining property tax revenue that exceeds a limit were withdrawn from the 2024 general election ballot.
39-3.5-102. Deferral of tax on homestead - qualifications - filing of claim.
(1) (a) Subject to the provisions of this article 3.5, a person who is sixty-five years of age or older or who is a person called into military service on January 1 of the year in which the person files a claim under this section may elect to defer the payment of real property taxes. To exercise this option, the taxpayer must file a claim for deferral with the treasurer of the county in which the taxpayer's homestead is located. The claim must be filed after January 1 and on or before April 1 of each year in which the taxpayer claims the deferral.
(b) Notwithstanding paragraph (a) of this subsection (1), a person called into
military service at any time between January 1, 2003, and June 30, 2003, may defer the payment of real property taxes for the property tax year 2002 by filing a claim pursuant to this section on or before June 30, 2003.
(c) Repealed.
(2) When a taxpayer who is sixty-five years of age or older or who is a person
called into military service files a valid claim for deferral under subsection (1) of this section, it has the effect of:
(a) Deferring the payment of the taxpayer's real property taxes for the
calendar year previous to the year in which the claim is filed;
(b) Continuing the deferral of taxes which have been deferred under this
article for previous years which have not become delinquent pursuant to section 39-3.5-111;
(c) Terminating and releasing the lien for the general taxes so deferred
created by section 39-1-107 and substituting therefor the lien for said deferred taxes created by section 39-3.5-105.
(2.5) (a) A person called into military service may defer only the real property
taxes payable in a year in which the person is a person called into military service. A person who is no longer a person called into military service may file a valid claim in a subsequent year to continue the deferral of taxes payable in a year in which the person was a person called into military service.
(b) Repealed.
(3) If a guardian, conservator, or attorney-in-fact has been appointed for a
taxpayer otherwise qualified to claim deferral of taxes under this article, the guardian, conservator, or attorney-in-fact may act for such taxpayer in claiming the deferral.
Source: L. 78: Entire article added, p. 472, � 1, effective February 28, 1979. L.
2003: (1) and IP(2) amended and (2.5) added, p. 2112, � 2, effective May 22. L. 2021: (1)(c) added and IP(2), (2)(a), and (2.5) amended, (SB 21-293), ch. 301, p. 1809, � 6, effective June 23. L. 2022: (1)(a) and (1)(c)(I) amended, (SB 22-220), ch. 388, p. 2759, � 2, effective June 7. L. 2025: (1)(a), IP(2), (2)(a), and (2.5)(a) amended and (1)(c) and (2.5)(b) repealed, (SB 25-261), ch. 425, p. 2412, � 2, effective July 1.
39-3.5-103. Property entitled to deferral. (1) In order to qualify for real
property tax deferral under this article 3.5, the property shall meet all of the following requirements at the time the claim is filed and so long thereafter as payment is deferred:
(a) The property must be the homestead of the taxpayer claiming the
deferral.
(b) The taxpayer claiming the deferral must, by himself or jointly with
another person residing in the homestead, own the fee simple estate or be purchasing the fee simple estate under a recorded instrument of sale or own the mobile home or be purchasing the mobile home under a recorded instrument of sale; except that nonresidence of the joint owner in the homestead because of ill health of the joint owner shall not prevent the taxpayer from meeting the requirement of this paragraph (b).
(c) The property for which the deferral is claimed must not be income-producing; except that, for property tax years commencing on or after January 1,
2023, this subsection (1)(c) does not apply if the taxpayer claiming the deferral is sixty-five years of age or older, is a person called into military service, or is the surviving spouse of a taxpayer who elects to continue the property tax deferral pursuant to section 39-3.5-112.
(d) Repealed.
(d.5) (I) Either of the following applies to the property:
(A) The owner of the property is a person who is sixty-five years of age or
older, and the total value of all liens of mortgages and deeds of trust on the property, excluding any mortgage or deed of trust that the holder has agreed, on a form designated by the state treasurer, to subordinate to the lien of the state for deferred taxes, is less than or equal to seventy-five percent of the actual value of the property, as determined by the county assessor; or
(B) The owner of the property is a person called into military service and the
total value of all liens of mortgages and deeds of trust on the property, excluding any mortgage or deed of trust that the holder has agreed, on a form designated by the state treasurer, to subordinate to the lien of the state for deferred taxes, is less than or equal to ninety percent of the actual value of the property, as determined by the county assessor; except that, for property tax years commencing on or after January 1, 2023, the limitation on the total value of all liens of mortgages and deeds of trust on the property set forth in this subsection (1)(d.5)(I)(B) does not apply if the owner of the property is a person called into military service who has a home loan guaranteed by the veterans administration of the United States.
(II) For purposes of this subsection (1)(d.5), the actual value of the property
shall be the most recent appraisal by the county assessor as of the time the claim for deferral is submitted to the county treasurer.
(e) All real property taxes for years prior to the year for which the election is
made must be paid.
(f) The cumulative value of the deferral provided in this section plus the
interest accrued on the deferral provided in section 39-3.5-105 (5) shall not exceed the market value of the property less the value of all mortgages which constitute liens upon the property and any other liens upon the property filed prior to the date of recordation of the certificate for deferral.
Source: L. 78: Entire article added, p. 472, � 1, effective February 28, 1979. L.
79: Entire section R&RE, p. 1411, � 2, effective January 1, 1980. L. 88: (1)(b) amended and (1)(f) added, p. 1283, � 10, effective January 1, 1989. L. 2005: (1)(d) amended and (1)(d.5) added, p. 877, � 1, effective June 1. L. 2021: IP(1), IP(1)(d.5)(I), and (1)(d.5)(I)(B) amended, (SB 21-293), ch. 301, p. 1810, � 7, effective June 23. L. 2022: (1)(d.5)(II) amended, (SB 22-220), ch. 388, p. 2760, � 3, effective June 7. L. 2023: (1)(c) and (1)(d.5)(I)(B) amended, (HB 23-1284), ch. 294, p. 1769, � 1, effective August 7. L. 2025: (1)(d.5)(I)(B) and (1)(d.5)(II) amended, (SB 25-261), ch. 425, p. 2413, � 3, effective July 1.
Editor's note: Subsection (1)(d)(II) provided for the repeal of subsection (1)(d),
effective January 1, 2006. (See L. 2005, p. 877.)
39-3.5-103.5. State treasurer - program administration - rules. (Repealed)
Source: L. 2022: Entire section added, (SB 22-220), ch. 388, p. 2760, � 4,
effective June 7. L. 2025: Entire section repealed, (SB 25-261), ch. 425, p. 2413, � 4, effective July 1.
39-3.5-104. Claim form - contents. (1) A taxpayer's claim for deferral must
be in writing on a form prescribed by the state treasurer and supplied by the county treasurer and must:
(a) Describe the property;
(b) Recite facts which establish eligibility for deferral under the provisions of
this article;
(c) List all mortgages and deeds of trust which constitute liens upon the
property, together with the book and page number of the county records at which each is recorded and the date of recordation;
(d) List all mortgages which constitute liens upon a mobile home, together
with the street address and county where the record of any such mortgage is on file with the authorized agent for the department of revenue;
(d.5) On or after January 1, 2006, list the actual value of the property based
on the most recent appraisal by the county assessor;
(e) Demonstrate that the cumulative value of the deferral plus the interest
accrued on the deferral does not exceed the market value of the property less the value of all mortgages which constitute liens upon the property and any other liens upon the property filed prior to the date of recordation of the certificate for deferral.
(2) The form prescribed by the state treasurer shall contain a statement, in
bold-faced type, that states substantially as follows:
IMPORTANT NOTICE TO PROPERTY OWNER: YOU COULD LOSE YOUR PROPERTY IF THE CUMULATIVE AMOUNT OF THE DEFERRAL PLUS INTEREST EXCEEDS THE MARKET VALUE OF YOUR PROPERTY LESS THE VALUE OF ANY LIENS.
Source: L. 78: Entire article added, p. 472, � 1, effective February 28, 1979. L.
79: Entire section R&RE, p. 1412, � 3, effective January 1, 1980. L. 88: (1)(d), (1)(e), and (2) added, p. 1284, �� 12, 11, effective January 1, 1989. L. 2005: (1)(d.5) added, p. 878, � 2, effective June 1. L. 2022: IP(1) amended, (SB 22-220), ch. 388, p. 2760, � 5, effective June 7. L. 2025: IP(1) amended, (SB 25-261), ch. 425, p. 2413, � 5, effective July 1.
39-3.5-105. Listing of tax-deferred property - tax as lien - interest accrual.
(1) If eligibility for deferral of homestead property is established as provided in this article 3.5, the county treasurer shall:
(a) Enter in the county treasurer's records a notation that the property is tax-deferred;
(b) (I) Promptly, upon designation of the property as tax-deferred, issue a
certificate of deferral, on a form prescribed by the state treasurer, that includes the name of the taxpayer, the description of the property, the amount of tax deferred, and the year for which the deferral was granted. The county clerk and recorder shall record the certificate in the county records and thereafter send a copy of the certificate to the state treasurer. The county treasurer shall give one copy of the certificate to the assessor and shall retain one copy in the county treasurer's office.
(II) Promptly, upon designation of a mobile home as tax-deferred, the owner
of the mobile home shall surrender title to the property to the county clerk and recorder. The county clerk and recorder shall, pursuant to the provisions of article 29 of title 38, make application with the department of revenue for issuance of a new certificate of title with a record of the lien of the state treasurer. This procedure shall be followed for each subsequent year that the property is deferred. The county treasurer shall issue a certificate of deferral, on a form prescribed by the state treasurer, that includes the name of the taxpayer, the description of the property, the amount deferred, and the tax year for which the deferral was granted, and shall send such certificate to the state treasurer. The county treasurer shall give one copy of the certificate to the county assessor and shall retain one copy in the county treasurer's office. Upon satisfaction of the lien, the state treasurer shall release the lien from the title.
(1.5) Repealed.
(2) Notwithstanding the requirements of section 39-1-119 (1), if a person
holding escrow funds for the payment of ad valorem taxes receives a copy of the certificate of deferral relating to any tax-deferred property, he shall, no later than thirty days after receiving said certificate, refund to the owner of said property all funds held in escrow for the payment of ad valorem taxes on said property which have been deferred.
(3) Until otherwise required by this article, the county treasurer shall, in
subsequent years, continue to list the property as tax-deferred in the manner provided in subsection (1) of this section.
(4) (a) The lien for deferred taxes and interest shall attach on the date of
recordation of the certificate for deferral, shall be junior to any mortgage or deed of trust recorded prior to the date of recording of such certificate, shall have priority over all liens attaching subsequent to the date of recording of such certificate, and shall not be foreclosed except as provided in sections 39-3.5-110 to 39-3.5-112.
(b) The lien for deferred taxes and interest for 1978 deferred taxes shall
attach on the date of recordation of the certificate of deferral, shall be junior to any mortgage or deed of trust recorded prior to the date of recording of such certificate, shall have priority over all liens attaching subsequent to the date of recording of such certificate, and shall not be foreclosed except as provided in sections 39-3.5-110 to 39-3.5-112.
(5) (a) Repealed.
(b) On and after May 1, 1999, interest shall accrue on all taxes deferred
pursuant to deferrals claimed prior to the 1999 calendar year at the rate of seven percent per annum until the date on which such taxes are paid. Interest shall accrue on all taxes deferred pursuant to deferrals claimed on and after January 1, 1999, but prior to January 1, 2001, at the rate of seven percent per annum, beginning May 1 of the calendar year in which the deferral is claimed, until the date on which such taxes are paid.
(c) Interest shall accrue on all taxes deferred pursuant to all deferrals
claimed on and after January 1, 2001, at a rate equivalent to the rate per annum on the most recently issued ten-year United States treasury note, rounded to the nearest one-tenth of one percent, as reported by the Wall Street Journal, as of February 1 of the calendar year in which such deferral is claimed. Interest shall accrue on taxes deferred at the rate specified in this paragraph beginning May 1 of the calendar year in which the deferral is claimed until the date on which such taxes are paid.
(6) No later than January 1 of each year, the state treasurer shall provide to
each county treasurer a list by owner and address of each property in the treasurer's county that is subject to one or more property tax deferral liens pursuant to this article 3.5 and the total amount of the lien or liens on the property as of April 30 of the prior year.
Source: L. 78: Entire article added, p. 473, � 1, effective February 28, 1979. L.
79: Entire section R&RE, p. 1412, � 4, effective January 1, 1980. L. 88: (1)(b) amended, p. 1284, � 13, effective January 1, 1989. L. 98: (5) amended, p. 679, � 1, effective August 5. L. 2000: (5)(b) amended and (5)(c) added, p. 905, � 1, effective May 25. L. 2022: (1) amended and (1.5) added, (SB 22-220), ch. 388, p. 2760, � 6, effective June 7. L. 2025: (1) amended, (1.5) repealed, and (6) added, (SB 25-261), ch. 425, p. 2413, � 6, effective July 1.
Editor's note: Subsection (5)(a)(II) provided for the repeal of subsection
(5)(a), effective May 1, 1999. (See L. 98, p. 679.)
39-3.5-105.5. Loan of state money to taxpayers. (1) Upon approval by the
state treasurer of a taxpayer's application to participate in the property tax deferral program, the state treasurer shall make a loan to the taxpayer in the amount certified as deferred in the taxpayer's certificate of deferral. The loan shall be disbursed to a county treasurer on behalf of the taxpayer pursuant to section 39-3.5-106 and shall be made from the moneys on deposit in the state treasury that are not immediately required to be disbursed.
(2) Interest on a loan for property tax deferral shall accrue at the rate
specified in section 39-3.5-105 (5). The interest shall accrue beginning May 1 of the calendar year in which the deferral is claimed until the date on which the loan is repaid.
Source: L. 2002: Entire section added, p. 637, � 1, effective July 1. L. 2022: (2)
amended, (SB 22-220), ch. 388, p. 2761, � 7, effective June 7.
39-3.5-105.7. Prior deferrals to be treated as loans. All deferred real
property tax paid by the state treasurer to a county treasurer prior to July 1, 2002, shall be reclassified as an investment in a loan to a taxpayer that was disbursed to a county treasurer on behalf of the taxpayer, and all provisions of this article shall apply to the loan.
Source: L. 2002: Entire section added, p. 637, � 1, effective July 1.
39-3.5-106. State treasurer to pay county treasurer an amount equivalent
to deferred taxes. (1) Pursuant to section 39-3.5-105.5, the state treasurer shall loan the amount certified as deferred in the certificate of deferral to a taxpayer deferring property taxes under this article. By April 30, 2003, and by each April 30 thereafter, the state treasurer shall pay the amount of each taxpayer's loan to the county treasurer in which the taxpayer's homestead property is located. The total amount paid by the state treasurer shall be distributed by the county treasurer in the same manner the tax would have been if regularly paid.
(2) The state treasurer shall maintain an account for each tax-deferred
property and shall accrue interest, beginning May 1 of the calendar year in which the deferral was claimed, on the amount certified as deferred in the certificate of deferral. The state treasurer shall ensure that each account for tax-deferred property complies with this article.
(3) Repealed.
Source: L. 78: Entire article added, p. 474, � 1, effective February 28, 1979. L.
79: (2) R&RE, p. 1413, � 5, effective January 1, 1980. L. 88: (2) amended, p. 1285, � 14, effective January 1, 1989. L. 91: (1) and (2) amended, p. 1952, � 1, effective January 1, 1992. L. 2002: (1) amended, p. 638, � 2, effective July 1. L. 2022: (3) added, (SB 22-220), ch. 388, p. 2761, � 8, effective June 7. L. 2025: (3) repealed, (SB 25-261), ch. 425, p. 2414, � 7, effective July 1.
39-3.5-107. Repayment of loans - release of liens - disposition of
payments. (1) On and after the date of payment by the state treasurer to the county treasurer as provided in section 39-3.5-106, the right to receive repayment of a loan for deferred taxes and to enforce the lien created by deferral shall be vested in the state treasurer.
(2) If repayment of a loan for deferred taxes is tendered to the county
treasurer, the county treasurer shall accept payment, give the payer a receipt for the payment, and promptly transmit the money collected to the state treasurer.
(3) Promptly upon receiving repayment of a loan for deferred taxes, the
state treasurer shall issue a release of the deferred tax lien, which release shall be given or sent to the person making payment. Copies of the release shall be sent to the treasurer and the assessor.
(4) All interest received in payment for a loan for deferred taxes shall be
credited to the general fund by the state treasurer.
Source: L. 78: Entire article added, p. 474, � 1, effective February 28, 1979. L.
2002: Entire section amended, p. 638, � 3, effective July 1. L. 2022: (2) amended, (SB 22-220), ch. 388, p. 2761, � 9, effective June 7. L. 2025: (2) amended, (SB 25-261), ch. 425, p. 2415, � 8, effective July 1.
39-3.5-108. Notice to taxpayer regarding duty to claim deferral annually.
At the time the treasurer sends the annual property tax notice to any taxpayer who has claimed a deferral of property taxes in the previous calendar year, the treasurer shall enclose a deferral notice. The deferral notice must be substantially in the following form:
To: (name of taxpayer)
If you want to defer the collection of ad valorem property taxes on your
homestead for the assessment year ending on December 31, , you must file a claim for deferral not later than April 1, , with the office of the county treasurer. Forms for filing the claims are available at the county treasurer's office.
If you fail to file your claim for deferral on or before April 1, , your real
property taxes will be due and payable in accordance with the schedule set out in the enclosed notice.
If you change your permanent address at any time during the assessment
year ending on December 31, , you must notify the county treasurer.
Source: L. 78: Entire article added, p. 474, � 1, effective February 28, 1979. L.
2022: Entire section amended, (SB 22-220), ch. 388, p. 2762, � 10, effective June 7. L. 2025: Entire section amended, (SB 25-261), ch. 425, p. 2415, � 9, effective July 1.
39-3.5-109. Failure to receive notices. Failure to receive the notice provided
for in this article 3.5 is not a defense in any proceeding for the collection of taxes or for the foreclosure of a tax lien. A county treasurer is not personally liable for failure to give such notices.
Source: L. 78: Entire article added, p. 475, � 1, effective February 28, 1979. L.
2022: Entire section amended, (SB 22-220), ch. 388, p. 2762, �11, effective June 7. L. 2025: Entire section amended, (SB 25-261), ch. 425, p. 2415, � 10, effective July 1.
39-3.5-110. Events requiring repayment of loans - notice to state treasurer.
(1) All loans for deferred real property taxes, including accrued interest, shall become payable subject to sections 39-3.5-111 and 39-3.5-112 when:
(a) The taxpayer who claimed the tax deferral dies;
(b) The property on which the taxes were deferred is sold or becomes
subject to a contract of sale, or title to the property is transferred to someone other than the taxpayer who claimed the tax deferral;
(c) The property is no longer the homestead of the taxpayer who claimed the
deferral, except in the case of a taxpayer required to be absent from such tax-deferred property by reason of ill health or because the property is uninhabitable as a result of natural causes;
(d) The tax-deferred property no longer meets the requirement of section
39-3.5-103 (1)(c);
(d.5) The tax-deferred property no longer meets the requirement of section
39-3.5-103 (1)(f), except in the case of a property whose value has decreased as a result of natural causes; and
(e) The location of the tax-deferred mobile home has changed either within
the county or to another county.
(1.5) The exceptions related to natural causes set forth in subsections (1)(c)
and (1)(d.5) of this section apply for three years from the date of the natural cause or until the date that the property is no longer valued as vacant residential land, whichever date is sooner.
(2) When the assessor or treasurer has reason to believe any of the
circumstances enumerated in this section has occurred, he shall promptly notify the state treasurer.
Source: L. 78: Entire article added, p. 475, � 1, effective February 28, 1979. L.
79: (1)(d) amended, p. 1413, � 6, effective January 1, 1980. L. 88: (1)(d) amended and (1)(e) added, p. 1285, � 15, effective January 1, 1989. L. 2002: IP(1) amended, p. 638, � 4, effective July 1. L. 2022: (1)(c) and (1)(d) amended and (1)(d.5) and (1.5) added, (SB 22-220), ch. 388, p. 2762, � 12, effective June 7.
39-3.5-111. Time for payment - delinquencies. (1) Whenever any of the
circumstances listed in section 39-3.5-110 occurs:
(a) No further tax deferrals may be claimed on the property until all loans for
unpaid taxes, including previously deferred taxes and interest, have been paid.
(b) All loans for deferred taxes and accrued interest shall be due and
payable ninety days after the circumstance occurs, except as provided in subsection (2) of this section and in section 39-3.5-112.
(2) Any provision of this section to the contrary notwithstanding, when the
taxpayer dies a loan for deferred taxes and accrued interest shall be due and payable one year after the taxpayer's death.
(3) If a loan for deferred taxes and accrued interest is not paid on the due
date, such amounts are delinquent as of that date, and the state treasurer may foreclose the deferred tax lien.
(4) Foreclosure by the state treasurer of deferred tax liens shall be in the
same manner as provided by law for the foreclosure of judgment liens. At the foreclosure sale, the state treasurer or his representative shall bid on behalf of the state of Colorado the amount of the deferred tax lien.
(5) If the owner of the tax-deferred property elects to do so, he or she may
convey the property to the state of Colorado in lieu of paying a loan for deferred taxes and accrued interest. Upon completion of such conveyance, all deferred tax liens upon the property shall be extinguished, and all liability for payment of a loan for deferred taxes and accrued interest shall be released.
(6) The lien for deferred taxes shall be subject to and may be extinguished in
a proper foreclosure of a mortgage or deed of trust recorded prior to the date of recording of the certificate of tax deferral. In any such foreclosure, any notice that is required to be sent to the state by reason of the state's holding of a lien for deferred taxes shall be sent to the state treasurer. All other procedural matters for such foreclosure, including notice and time limits, shall be as provided in the law pursuant to which the foreclosure is brought.
(7) Whenever the state forecloses a lien for deferred taxes, the interest in
the property obtained thereby shall be subject to foreclosure proceedings by the holder of a mortgage or deed of trust recorded prior to the date of recording of the certificate of tax deferral.
Source: L. 78: Entire article added, p. 475, � 1, effective February 28, 1979. L.
79: (4) amended and (6) and (7) added, p 1666, � 139, effective July 19; (1)(b) amended and (5) added, p. 1413, � 7, effective January 1, 1980. L. 2002: (1), (2), (3), and (5) amended, p. 638, � 5, effective July 1. L. 2022: (3) amended, (SB 22-220), ch. 388, p. 2763, � 13, effective June 7.
39-3.5-112. Election by spouse to continue tax deferral. (1)
Notwithstanding the provisions of section 39-3.5-110, when one of the circumstances listed in section 39-3.5-110 (1)(a) or (1)(c) occurs, the spouse of the taxpayer may elect to continue the property in its tax-deferred status if:
(a) The spouse of the taxpayer is or will be sixty years of age or older when
the circumstance occurs; and
(b) The property is the homestead of the spouse of the taxpayer and meets
the requirements of section 39-3.5-103 (1)(b) and (1)(c).
(1.5) (a) Notwithstanding the provisions of section 39-3.5-110 (1)(a), when a
taxpayer who claimed a tax deferral pursuant to this article 3.5 dies, the loan for deferred real property taxes, including accrued interest, shall not become payable if:
(I) The taxpayer was a person called into military service or was a person
eligible for deferral under section 39-3.5-102 (1)(c);
(II) The taxpayer is survived by a spouse; and
(III) The property is the homestead of the surviving spouse and meets the
requirements of section 39-3.5-103 (1)(b) and (1)(c).
(b) If paragraph (a) of this subsection (1.5) applies, a loan for deferred real
property taxes, including accrued interest, shall become payable when the spouse of the taxpayer dies, in addition to the events set forth in section 39-3.5-110.
(2) The election granted under subsection (1) of this section shall be filed in
the same manner as a claim for deferral is filed under section 39-3.5-102, not later than ninety days from the date the circumstance occurs. Thereafter, the property shall continue to be treated as tax-deferred property, and the county treasurer and state treasurer shall withdraw any action taken under section 39-3.5-111. When the property has been continued in its tax-deferred status by the spouse of the taxpayer, the spouse may continue the property in its tax-deferred status in subsequent years by filing a claim, as provided in section 39-3.5-104, annually if the property continues to be eligible for tax-deferred status.
Source: L. 78: Entire article added, p. 475, � 1, effective February 28, 1979. L.
79: IP(1) and (2) amended, p. 1414, � 8, effective January 1, 1980. L. 2005: (1.5) added, p. 878, � 3, effective June 1. L. 2021: IP(1.5)(a) and (1.5)(a)(I) amended, (SB 21-293), ch. 301, p. 1810, � 8, effective June 23.
39-3.5-113. Voluntary repayment of loans for deferred tax. (1) Subject to
subsection (2) of this section, all or part of a loan for deferred taxes and accrued interest may, at any time, be paid by the taxpayer, his or her spouse, guardian, conservator, attorney-in-fact, personal representative, next of kin, heir-at-law, or child, or any person having or claiming a legal or equitable interest in the property. If the deferred tax lien is paid, in whole or in part, by a mortgagee or the beneficiary of a deed of trust or seller under contract, the amount paid may be added to the unpaid balance of the mortgage or deed of trust but shall be added to the last payment due under said mortgage or deed of trust or contract, without amortization.
(2) Any payment made under this section shall be applied first to accrued
interest and then to a loan for deferred taxes. Such payment does not affect the deferred tax status of the property. Voluntary payment does not give the person paying the taxes any interest in the property.
Source: L. 78: Entire article added, p. 476, � 1, effective February 28, 1979. L.
2002: Entire section amended, p. 639, � 6, effective July 1.
39-3.5-114. Deferred tax certificates not to be included in reserve or
surplus. (Repealed)
Source: L. 78: Entire article added, p. 476, � 1, effective February 28, 1979. L.
2002: Entire section repealed, p. 639, � 7, effective July 1.
39-3.5-115. Limitations on effect of article. Nothing in this article is
intended to or shall be construed to prevent the collection, by foreclosure or otherwise, of personal property or other taxes which become a lien against tax-deferred property.
Source: L. 78: Entire article added, p. 476, � 1, effective February 28, 1979.
39-3.5-116. Deed or contract clauses preventing application for deferral
prohibited - clauses void. (Repealed)
Source: L. 78: Entire article added, p. 476, � 1, effective February 28, 1979. L.
79: Entire section repealed, p. 1414, � 11, effective January 1, 1980.
39-3.5-117. Report. (Repealed)
Source: L. 78: Entire article added, p. 477, � 1, effective February 28, 1979. L.
79: Entire section amended, p. 1414, � 9, effective January 1, 1980. L. 88: Entire section amended, p. 1308, � 2, effective May 29. L. 92: Entire section amended, p. 2182, � 53, effective June 2. L. 2002: Entire section repealed, p. 862, � 4, effective August 7.
39-3.5-118. Emergency property tax deferral for depositors of troubled
industrial banks. (Repealed)
Source: L. 88: Entire section added, p. 1307, � 1, effective May 29.
Editor's note: Subsection (7) provided for the repeal of this section, effective
June 30, 1990. (See L. 88, p. 1307.)
39-3.5-119. Release of information identifying individuals claiming
deferral. (1) Notwithstanding the provisions of part 2 of article 72 of title 24, C.R.S., or any other provision of law to the contrary, county treasurers and the state treasurer shall deny requests from individuals, corporations, or other private entities to inspect or produce the names, addresses, phone numbers, social security numbers, or other information identifying individuals who claim deferrals pursuant to this article.
(2) Nothing in this section shall be construed to prohibit individuals from
examining records recorded in county records by the county clerk and recorder nor shall it be construed to prohibit the disclosure of information:
(a) Required in connection with granting or denying a claim for deferral;
(b) Required in connection with an administrative, judicial, or other legal
proceeding;
(c) Required in connection with the conveyance, sale, or encumbrance of a
specific property;
(d) When the information is contained in a statistical compilation or other
informational summary that does not disclose individual identifying information; or
(e) When the individual claiming the exemption has agreed to the disclosure.
Source: L. 2001: Entire section added, p. 296, � 1, effective August 8.
39-3.5-120. Expansion of deferral program - consultation - repeal.
(Repealed)
Source: L. 2021: Entire section added, (SB 21-293), ch. 301, p. 1810, � 9,
effective June 23.
Editor's note: Subsection (2) provided for the repeal of this section, effective
July 1, 2022. (See L. 2021, p. 1810.)
ARTICLE 3.7
Property Tax Work-off Program for the Elderly
39-3.7-101. Definitions. As used in this article, unless the context otherwise
requires:
(1) Homestead means the owner-occupied residence of the taxpayer and
includes owner-occupied units in a condominium, townhouse, or similar structure.
(1.5) Person with a disability means any person with a physical impairment
or an intellectual and developmental disability as defined in section 25.5-10-202, C.R.S.
(2) Property tax work-off program means any program established
pursuant to the provisions of this article.
(3) Real property taxes means all ad valorem taxes levied on a homestead,
including special assessments and all other charges which are recoverable, by law, at the annual real estate tax sale.
(4) Taxing entity means any county, city and county, city, town, school
district, or special district within the state of Colorado.
Source: L. 91: Entire article added, p. 1995, � 1, effective April 11. L. 2003: (1.5)
added, p. 841, � 1, effective August 6. L. 2013: (1.5) amended, (HB 13-1314), ch. 323, p. 1813, � 54, effective March 1, 2014.
39-3.7-102. Property tax work-off program - creation - terms. (1) Any
taxing entity that levies and collects real property taxes may establish a property tax work-off program in accordance with this article 3.7 that allows any taxpayer who is sixty years of age or older, is a first responder with a permanent occupational disability as defined in se
C.R.S. § 39-30-103.5
39-30-103.5. Credit against tax - contributions to enterprise zone administrators to implement economic development plans - repeal. (1) (a) (I) Any taxpayer who makes a monetary or in-kind contribution for the purpose of implementing the economic development plan for the enterprise zone to the person or agency designated as the enterprise zone administrator by the Colorado economic development commission, shall be allowed a credit against the income tax imposed by article 22 of this title 39 in an amount equal to twenty-five percent of the total value of the contribution as certified by the enterprise zone administrator.
(II) (Deleted by amendment, L. 2020.)
(b) The credit allowed by paragraph (a) of this subsection (1) shall not exceed
one hundred thousand dollars or the total amount of the income tax imposed on the taxpayer's income by article 22 of this title for the tax year for which the credit is claimed, whichever is less. In-kind contributions shall not exceed fifty percent of the total credit claimed.
(c) Upon request, the enterprise zone administrator, acting on behalf of the
department of revenue, shall provide the taxpayer with a form to be filed with the department of revenue for the purpose of claiming the credit allowed by this section which shall be accompanied by a copy of the certification of the value and purpose of the contribution furnished to the taxpayer by the enterprise zone administrator.
(d) If the amount of the credit allowed pursuant to the provisions of this
section exceeds the amount of income taxes otherwise due on the income of the taxpayer in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not exceeding five years and shall be applied first to the earliest income tax years possible. Any credit remaining after said period shall not be refunded or credited to the taxpayer.
(e) On or before November 1, 2000, and November 1 of each year thereafter,
each zone administrator shall provide to the director of the Colorado office of economic development on behalf of the Colorado economic development commission a list of all programs, projects, and organizations to which taxpayers may contribute during the next calendar year for the purpose of implementing the economic development plan of the zone and receiving a tax credit pursuant to this section. The list shall be accompanied by a description of each program, project, or organization, including the purpose and relationship of the program, project, or organization to the economic development goals of the enterprise zone, the expected benefits of the program, project, or organization to the enterprise zone, and an estimate of the amount of potential contributions to the program, project, or organization during the next calendar year. Any modifications to a list, including programs, projects, or organizations that are to be added thereto, shall be submitted to the director of the office of economic development on behalf of the commission by the zone administrator no later than thirty days after the modification is made. Commencing July 1, 1999, the commission is authorized to hold hearings and review any new program, project, or organization included on a list that is submitted to the director of the Colorado office of economic development on behalf of the commission pursuant to this section, any modification to a list, and any other program, project, or organization that the commission determines has changed materially. A list or modification of a list that is submitted to the director of the Colorado office of economic development on behalf of the commission pursuant to this section shall not be considered final until thirty days after the commission has received such information. The commission shall approve any program, project, or organization that it determines is eligible under the requirements of this section or is essential to the mission of the enterprise zone upon a majority vote of the members of the commission present at a meeting at which such approval is considered. The director of the Colorado office of economic development on behalf of the commission shall notify the zone administrator of any program, project, or organization that is not approved within thirty days of receipt of the list or modification of the list. Any program, project, or organization not approved by the commission may request that the commission reconsider its decision within thirty days after the date the notice indicating that the program, project, or organization was not approved was provided to the zone administrator. A zone administrator may accept contributions for any program, project, or organization it has submitted pursuant to this paragraph (e).
(2) Repealed.
(3) (a) Prior to January 1, 2023, monetary or in-kind contributions to promote
temporary, emergency, or transitional housing programs for the homeless that offer or provide referrals to child care, job placement, and counseling services for the purpose of promoting employment for homeless persons in enterprise zones shall be deemed to be for the purpose of implementing the economic development plan for the enterprise zone and shall include but not be limited to the following types of contributions:
(I) Donating money, real estate, or property to the enterprise zone for the
establishment of temporary, emergency, or transitional housing for the homeless to include child care and job placement services;
(II) Donating money to the enterprise zone to establish a grant or loan
program for homeless individuals requiring financial assistance for temporary, emergency, or transitional housing or child care;
(III) Pooling moneys of several businesses and donating those moneys to the
enterprise zone for the establishment of temporary, emergency, or transitional housing programs for the homeless that offer or provide referrals to child care, job placement, and counseling services for the purpose of promoting employment for homeless persons;
(IV) Donating money to the enterprise zone for the training of homeless
individuals to obtain employment; and
(V) Donating money, services, or equipment to the enterprise zone for the
establishment of an information dissemination program to provide information and referral services to assist a homeless individual in obtaining temporary, emergency, or transitional housing, child care, or employment.
(b) Repealed.
(c) This subsection (3) is repealed, effective December 31, 2032.
(3.5) For income tax years commencing on and after January 1, 2003,
monetary or in-kind contributions to promote nonprofit or government-funded community development projects in enterprise zones shall be deemed to be for the purpose of implementing the economic development plan for the enterprise zone.
(4) In no event shall credits be allowed pursuant to this section for
contributions that directly benefit the contributor or that are not directly related to job creation, job preservation, or other purposes specified in subsections (2), (3), and (3.5) of this section.
(5) (a) (I) Contributions pursuant to this section may be made directly to
programs, projects, or organizations certified by the enterprise zone administrator. The enterprise zone administrator shall only certify programs, projects, or organizations that meet the criteria set forth in this section for the purpose of receiving direct contributions.
(II) Each program, project, and organization certified by the enterprise zone
administrator pursuant to this paragraph (a) shall submit a report at least once per year, or more often if required by the enterprise zone administrator, indicating the total value of contributions received for which tax credits would be allowed pursuant to this section and the source of the contribution.
(b) Repealed.
(6) No later than ninety days after making a certification of value pursuant to
subsection (1) of this section, the enterprise zone administrator making the certification shall report to the director of the Colorado office of economic development on behalf of the Colorado economic development commission the total value of the contribution as certified by the administrator, the source of the contribution, the purpose of the contribution, and the relationship of the stated purpose of the contribution to the enterprise zone's goals or job creation objectives.
(7) The director of the Colorado office of economic development on behalf of
the Colorado economic development commission or the enterprise zone administrator may release information concerning the source and amount of contributions made pursuant to this section, as well as the amount of the credits allowed pursuant to this section.
(8) (a) Any enterprise zone administrator that provides oversight,
management, or other administrative services to a program, project, or organization that has been approved by the economic development commission for purposes of the contribution tax credit as defined in this section is authorized to charge reasonable fees to programs, projects, and organizations as defined in this section. Each enterprise zone administrator that charges administrative fees pursuant to this paragraph (a) shall establish a reasonable policy regarding the imposition of such fees and shall submit the policy to the Colorado economic development commission for review and approval.
(b) The Colorado economic development commission shall review the
administrative fee policy established by an enterprise zone administrator and shall approve the policy or require that the enterprise zone administrator make modifications to the policy as specified by the commission before approving the policy.
Source: L. 89: Entire section added, p. 1519, � 1, effective June 7. L. 90: (2)
added, p. 1399, � 14, effective May 24. L. 94: (3) added, p. 2085, � 1, effective July 1. L. 96: (1)(a) and (1)(c) amended and (1)(e), (4), (5), (6), and (7) added, p. 1125, �� 2, 3, effective July 1. L. 98: (3)(b) repealed, p. 225, � 1, effective April 10; (2) amended, p. 1371, � 2, effective August 5. L. 99: (1)(e) amended, p. 729, � 3, effective May 20. L. 2000: (1)(a)(I), (1)(e), (6), and (7) amended, p. 1680, � 9, effective July 1. L. 2002: (3.5) added and (4) amended, p. 1107, � 4, effective August 7. L. 2006: (2) amended, p. 1508, � 60, effective June 1. L. 2007: (1)(a)(I) amended, p. 343, � 1, effective August 3. L. 2008: (1)(a)(I), (1)(e), (6), and (7) amended, p. 220, � 4, effective March 26. L. 2010: (8) added, (SB 10-162), ch. 395, p. 1877, � 2, effective January 1, 2012. L. 2013: (5) amended, (HB 13-1190), ch. 158, p. 511, � 1, effective May 3. L. 2020: (1)(a) amended, (HB 20-1177), ch. 118, p. 491, � 1, effective September 14. L. 2021: (2) repealed, (HB 21-1153), ch. 128, p. 517, � 1, effective September 7. L. 2022: IP(3)(a) amended and (3)(c) added, (HB 22-1083), ch. 286, p. 2053, � 2, effective August 10. L. 2024: (5)(b) repealed, (SB 24-016), ch. 476, p. 3339, � 3, effective August 7.
C.R.S. § 39-30-105.6
39-30-105.6. Credit against tax - rehabilitation of vacant buildings. (1) For income tax years commencing on or after January 1, 1989, any taxpayer who is the owner or tenant of a building which is located in an enterprise zone, which is at least twenty years old, and which has been unoccupied for at least two years and who makes qualified expenditures for the purpose of rehabilitating said building shall be allowed a credit against the income tax imposed by article 22 of this title in an amount equal to twenty-five percent of the aggregate qualified expenditures per building or fifty thousand dollars per building, whichever is less.
(2) Any taxpayer who is allowed a credit for costs incurred in the
rehabilitation of property pursuant to the provisions of section 38 of the federal Internal Revenue Code of 1986, as amended, shall not be allowed the credit provided for in subsection (1) of this section.
(3) Except as provided in section 24-46-107, if the amount of the credit
allowed pursuant to the provisions of this section exceeds the amount of income taxes otherwise due on the income of the taxpayer in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not exceeding five years and shall be applied first to the earliest income tax years possible. Any credit remaining after said period shall not be refunded or credited to the taxpayer.
(4) As used in this section, unless the context otherwise requires: Qualified
expenditures means expenditures associated with any exterior improvements, structural improvements, mechanical improvements, or electrical improvements necessary to rehabilitate for commercial use a building which meets the requirements established in subsection (1) of this section. Qualified expenditures includes, but shall not be limited to, expenditures associated with demolition, carpentry, sheetrock, plaster, painting, ceilings, fixtures, doors, windows, sprinkler systems installed for fire protection purposes, roofing and flashing, exterior repair, cleaning, tuckpointing, and cleanup. Qualified expenditures does not include expenditures, commonly referred to as soft costs, which include, but are not limited to, costs associated with appraisals; architectural, engineering, and interior design fees; legal, accounting, and realtor fees; loan fees; sales and marketing; closing; building permit, use, and inspection fees; bids; insurance; project signs and phones; temporary power; bid bonds; copying; and rent loss during construction. Qualified expenditures also does not include costs associated with acquisition; interior furnishings; new additions except as may be required to comply with building and safety codes; excavation; grading; paving; landscaping; and repairs to outbuildings.
(5) Any form filed with the department of revenue for the purpose of
claiming the credit allowed by this section shall be accompanied by a copy of the certification of the qualified nature of the expenditures furnished to the taxpayer by the enterprise zone administrator and by copies of any receipts, bills, or other documentation of the qualified expenditures claimed for the purpose of receiving the credit.
Source: L. 89: Entire section added, p. 1519, � 1, effective June 7. L. 2022: (3)
amended, (HB 22-1418), ch. 427, p. 3025, � 6, effective August 10.
C.R.S. § 39-31-101
39-31-101. Real property tax - tax equivalent - assistance - heat or fuel expenses assistance - eligibility - applicability - definitions - repeal. (1) (a) Individuals having resided within this state for the entire taxable year who are sixty-five years of age or older during the taxable year are eligible for a grant to be determined with respect to the income taxes imposed by article 22 of this title 39, subject to the additional qualification requirements of this section, to aid in the payment by such individuals of:
(I) Real estate taxes, including taxes on mobile homes, or trailer coach
specific ownership tax on, or tax-equivalent payments with respect to, residences occupied by such individuals; or
(II) Heat or fuel expenses for residences occupied by such individuals.
(b) (I) Spouses are treated as jointly qualifying for the grant under
subsection (1)(a) of this section if either spouse meets the age requirement and they jointly meet all the limitations of subsection (3) of this section. In all cases spouses must file one joint claim.
(II) A surviving spouse who is fifty-eight years of age or older qualifies for
the grant under subsection (1)(a) of this section if the surviving spouse meets all the limitations imposed by subsection (3) of this section.
(c) (I) Before January 1, 2025, the grant authorized by this section is also
allowed to individuals having resided in this state for the entire taxable year and coming within the limitations imposed by subsection (3) of this section who, regardless of age, have a disability during the entire taxable year to a degree sufficient to qualify for the payment to them of full benefits from any bona fide public or private plan or source based solely upon such disability.
(II) An individual has a disability for the purposes of subparagraph (I) of this
paragraph (c) if such individual is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or that has lasted for a continuous period of not less than twelve months.
(III) This subsection (1)(c) is repealed, effective December 31, 2030.
(d) (I) Eligibility under more than one provision of this subsection (1) does not
increase the amount of any grant available to an individual or spouses under subsection (2) of this section; except that an individual or spouses may claim the grant under both subsections (1)(a)(I) and (1)(a)(II) of this section, if applicable.
(II) This subsection (1)(d) is repealed, effective December 31, 2030.
(1.5) (a) The grant set forth in subsection (1) of this section is allowed as
follows:
(I) An individual or spouses claiming the grant pursuant to subsection (1)(a)(I)
or (1)(c) of this section may claim the grant in an amount set forth in subsection (2) of this section;
(II) An individual or spouses claiming the grant pursuant to subsection
(1)(a)(II) of this section may claim the grant in an amount set forth in subsection (2.1) of this section; and
(III) An individual or spouses claiming the grant pursuant to both subsections
(1)(a)(I) and (1)(a)(II) of this section may claim the grant in the amount set forth in subsection (2) of this section plus the amount set forth in subsection (2.1) of this section.
(b) (I) The provisions of subsection (1.5)(a) of this section apply to an
individual claiming the grant pursuant to subsection (1)(c) of this section.
(II) This subsection (1.5)(b) is repealed, effective December 31, 2030.
(2) A grant is the amount of the general property taxes actually paid on the
residence or the amount of taxes actually paid on a mobile home, plus any tax-equivalent payments computed pursuant to subsection (4) of this section, with respect to the rent of a trailer space during the year for which the grant is claimed, the amount of the specific ownership tax actually paid on a trailer coach, or the amount of the tax-equivalent payments, computed pursuant to subsection (4) of this section, actually made during the year for which such grant is claimed, but in no event may it exceed:
(a) Repealed.
(I) and (II) (Deleted by amendment, L. 2014.)
(III) Repealed.
(a.5) Repealed.
(b) Repealed.
(I) and (II) (Deleted by amendment, L. 2014.)
(III) Repealed.
(c) Repealed.
(d) For a grant claimed for the 2023 calendar year, either eight hundred
seventy-two dollars reduced by ten percent of the claimant's income over the phase-out amount or the property tax flat grant amount, whichever amount is greater. For a grant claimed for years commencing on or after January 1, 2024, either the maximum grant amount allowed under this subsection (2)(d) for the prior year, adjusted for inflation and reduced by ten percent of the claimant's income over the phase-out amount, or the property tax flat grant amount, whichever amount is greater.
(2.1) For a grant claimed for the 2023 calendar year, either two hundred forty
dollars reduced by ten percent of the claimant's income over the phase-out amount or the heat or fuel expenses flat grant amount, whichever amount is greater. For a grant claimed for years commencing on or after January 1, 2024, either the maximum grant amount allowed under this subsection (2.1) for the prior year, adjusted for inflation and reduced by ten percent of the claimant's income over the phase-out amount, or the heat or fuel expenses flat grant amount, whichever amount is greater.
(2.3) and (2.5) Repealed.
(3) Such grant is allowed to such persons as described in subsection (1) of
this section who meet the following requirements:
(a) Are not claimed as an exemption for purposes of Colorado income tax by
any other person for the taxable year;
(b) Have income from all sources for the taxable year of less than the
maximum eligible income amount, which includes, but is not limited to, for this purpose, alimony, cash public assistance and relief, pension or annuity benefits, federal social security benefits, veterans' benefits, nontaxable interest, workers' compensation, and unemployment compensation benefits. For the purposes of this subsection (3)(b), the following are not considered income:
(I) Outright gifts;
(II) Medicaid payments specifically provided for the payment of medicare
premiums;
(II.5) Payments from or income received by a special needs trust; and
(III) Those specific veterans' benefits that are service-connected disability
compensation payments. For the purposes of this subparagraph (III), service-connected disability compensation payments means those payments made for permanent disability, which disability shall be limited to loss of or loss of use of both lower extremities so as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; loss of use of both hands; blindness in both eyes, including such blindness with only light perception; or loss of one lower extremity together with residuals or organic disease or injury that so affects the functions of balance or propulsion as to preclude locomotion without the use of a wheelchair.
(4) (a) The tax-equivalent amount for individuals otherwise qualified who
paid rent for the right to occupy premises as a residence during the taxable year is twenty percent of the actual rent paid during the taxable year, not including any charge for utilities or food, for the purposes of calculating the amount of the grant pursuant to subsection (2) of this section.
(b) To qualify as a tax-equivalent payment set forth in subsection (4)(a) of
this section, rent must have been paid as a part of a bona fide tenancy or leasing agreement and does not include any portion of payments made to institutions or facilities commonly known as nursing homes but does include rent paid for the use of a mobile home or paid on trailer space if paid as a part of a bona fide tenancy.
(c) For individuals otherwise qualified who paid heat or fuel expenses
indirectly as part of their rental payments, it is presumed that ten percent of the actual rent paid during the taxable year was for heat or fuel expenses for the purpose of calculating the amount of the grant pursuant to subsection (2.1) of this section. For rental payments to qualify under subsection (1)(a)(II) of this section, they must have been paid as a part of a bona fide tenancy or lease agreement. Rental payments made to institutions or facilities commonly known as nursing homes do not qualify, but rental payments for the use of a mobile home qualify if paid as a part of a bona fide tenancy or lease agreement.
(5) As used in this section:
(a) Heat or fuel expenses flat grant amount means an amount equal to
ninety-two dollars for the 2023 calendar year, and for each year thereafter the amount for the prior year adjusted for inflation.
(b) Inflation means the annual percentage change in the United States
department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.
(c) Maximum eligible income amount means:
(I) For an individual, income that is less than or equal to eighteen thousand
twenty-six dollars for the 2023 calendar year and for each year thereafter, the amount for the prior year adjusted for inflation; and
(II) For spouses, income that is less than or equal to twenty-four thousand
three hundred forty-five dollars for the 2023 calendar year and for each year thereafter, the amount for the prior year adjusted for inflation.
(d) Phase-out amount means:
(I) In the case of an individual, an amount equal to nine thousand six hundred
ninety-two dollars for the 2023 calendar year and for each year thereafter, the amount for the prior year adjusted for inflation; and
(II) In the case of spouses, an amount equal to fifteen thousand six hundred
sixty-eight dollars for the 2023 calendar year and for each year thereafter, the amount for the prior year adjusted for inflation.
(e) Property tax flat grant amount means an amount equal to two hundred
eighty-two dollars for the 2023 calendar year, and for each year thereafter the amount for the prior year adjusted for inflation.
Source: L. 87: Entire article added, p. 1453, � 30, effective June 22. L. 90:
(3)(b) amended, p. 574, � 73, effective July 1. L. 98: (2)(a), (2)(b), and (3)(b) amended and (2.5) added, p. 513, � 1, effective August 5. L. 2000: (3)(b) amended, p. 1110, � 1, effective May 26. L. 2007: (2) and IP(3)(b) amended and (5) added, p. 1388, � 1, effective August 3. L. 2014: (1)(b)(I), (1)(c), (1)(d), (2), IP(3)(b), and (3)(b)(II) amended and (2.3) and (3)(b)(II.5) added, (SB 14-014), ch. 249, p. 965, � 2, effective July 1. L. 2019: IP(2)(a), (2)(a)(III), IP(2)(b), and (2)(b)(III) repealed, (2)(a.5), (2)(c), (2.3), IP(3), IP(3)(b), (4), and (5) amended, and (2)(d) added, (HB 19-1085), ch. 228, p. 2299, � 1, effective August 2. L. 2024: (1)(a), (1)(b), (1)(c)(I), (1)(d), (2)(d), (4), (5)(a), (5)(c), and (5)(d) amended, (1)(c)(III), (1.5), (2.1), and (5)(e) added, and (2.5) repealed, (HB 24-1268), ch. 475, p. 3327, � 1, effective August 7.
Editor's note: Subsections (2)(a.5)(II), (2)(c)(II), and (2.3)(b) provided for the
repeal of subsections (2)(a.5), (2)(c), and (2.3), respectively, effective July 1, 2021. (See L. 2019, p. 2299.)
Cross references: For the legislative declaration in SB 14-014, see section 1
of chapter 249, Session Laws of Colorado 2014.
C.R.S. § 39-5-108.5
39-5-108.5. Furnished residential real property rental advertisements - information to be provided to the assessor - legislative declaration. (1) The general assembly hereby finds and declares that:
(a) Each assessor is required by law to discover and assess taxable personal
property in the assessor's county and to provide each person known or believed to own taxable personal property in the county with a personal property schedule;
(b) Each owner of taxable personal property is required by law to list the
owner's taxable personal property on the personal property schedule, and the receipt of a personal property schedule from the assessor provides notice to a property owner that the property owner may own taxable personal property, which helps to ensure that:
(I) More property owners comply with state property tax laws;
(II) The property tax burden is more fairly distributed; and
(III) The amount of property tax revenues lost by local governments due to
property owners' lack of knowledge regarding the taxable status of certain personal property is minimized;
(c) Personal property that is used to furnish residential real property is
exempt from property taxation so long as it is not used for the production of income at any time, but generally becomes subject to taxation if the residential real property is offered for rent on a furnished basis or otherwise used for business purposes;
(d) In certain areas of the state, a high proportion of residential real property
is advertised for rent on a furnished basis directly by property owners or by real estate agents, property management companies, lodging companies, and internet and print-based listing services that act as agents for multiple property owners and advertise multiple properties for rent, and because the advertisements typically do not precisely identify the property offered for rent by address or the owner's name:
(I) It is difficult for each assessor to accurately identify which parcels of
furnished residential real property are being offered for rent and to which owners of furnished residential real property the assessor should provide personal property schedules; and
(II) This difficulty impairs the fairness and efficiency of the property tax
system and reduces property tax collections by making it more likely that owners of furnished residential real property rented to others will, in some cases deliberately and in many other cases due to a lack of notice regarding state property tax laws, fail to pay property taxes due on personal property used to furnish the residential real property; and
(e) It is therefore necessary and appropriate to require the owner of
furnished residential real property or an agent of the owner who advertises the property for rent to provide identifying information regarding the property to the assessor of the county in which the property is located upon the request of the assessor made no more than twice during any year as specified in this section or as mutually agreed to by the assessor and the owner or agent pursuant to paragraph (b) of subsection (2) of this section.
(2) (a) Upon the request of the assessor of any county or city and county
made no more than twice during any year:
(I) A property owner who advertises for rent furnished residential real
property that is located within the county or city and county shall provide to the assessor a list that identifies each property so advertised by address; and
(II) An agent who advertises for rent on behalf of a property owner furnished
residential real property that is located within the county or city and county shall provide to the assessor a list that identifies each property so advertised by owner and address.
(b) An assessor and a property owner or agent may mutually agree that the
owner or agent shall annually provide to the assessor by a specified date the information that an assessor may require to be provided pursuant to paragraph (a) of this subsection (2).
(3) For purposes of this section, agent means a real estate broker, as
defined in section 12-10-201 (6)(a), a property management company, a lodging company, an internet website listing service, a print-based listing service, or any other person that either separately or as part of a package of services advertises furnished residential real property in the state for rent on behalf of the owner of the property in exchange for compensation.
Source: L. 2009: Entire section added, (HB 09-1110), ch. 162, p. 698, � 1,
effective August 5. L. 2019: (3) amended, (HB 19-1172), ch. 136, p. 1728, � 251, effective October 1.
C.R.S. § 4-1-201
4-1-201. General definitions. (a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of this title that apply to particular articles or parts thereof, have the meanings stated.
(b) Subject to definitions contained in other articles of this title 4 that apply
to particular articles or parts of this title 4:
(1) Action, in the sense of a judicial proceeding, includes recoupment,
counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined.
(2) Aggrieved party means a party entitled to pursue a remedy.
(3) Agreement means the bargain of the parties in fact, as found in their
language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in section 4-1-303. (Compare contract.)
(3.5) Authenticate means:
(A) To sign; or
(B) With the intent to sign a record, otherwise to execute or adopt an
electronic symbol, sound, message, or process referring to, attached to, included in, or logically associated or linked with, that record.
(4) Bank means a person engaged in the business of banking and includes
a savings bank, savings and loan association, credit union, and trust company.
(5) Bearer means a person in control of a negotiable electronic document
of title or a person in possession of a negotiable instrument, negotiable tangible document of title, or certificated security that is payable to bearer or indorsed in blank.
(6) Bill of lading means a document of title evidencing the receipt of goods
for shipment issued by a person engaged in the business of directly or indirectly transporting or forwarding goods. The term does not include a warehouse receipt.
(7) Branch includes a separately incorporated foreign branch of a bank.
(8) Burden of establishing a fact means the burden of persuading the trier
of fact that the existence of the fact is more probable than its nonexistence.
(9) Buyer in ordinary course of business means a person that buys goods in
good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller's own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under article 2 of this title may be a buyer in ordinary course of business. A person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt is not a buyer in ordinary course of business.
(10) Conspicuous, with reference to a term, means so written, displayed, or
presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is conspicuous or not is a decision for the court.
(10.5) Consumer means an individual who enters into a transaction
primarily for personal, family, or household purposes.
(11) Contract means the total legal obligation that results from the parties'
agreement as determined by this title as supplemented by any other applicable laws. (Compare agreement.)
(12) Creditor includes a general creditor, a secured creditor, a lien creditor,
and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor's or assignor's estate.
(13) Defendant includes a person in the position of defendant in a
counterclaim or third-party claim.
(14) Delivery, with respect to an electronic document of title, means
voluntary transfer of control; and with respect to an instrument, a tangible document of title, or an authoritative tangible copy of a record evidencing chattel paper, means voluntary transfer of possession.
(15) Document of title means a record (i) that in the regular course of
business or financing is treated as adequately evidencing that the person in possession or control of the record is entitled to receive, control, hold, and dispose of the record and the goods the record covers and (ii) that purports to be issued by or addressed to a bailee and to cover goods in the bailee's possession which are either identified or are fungible portions of an identified mass. The term includes a bill of lading, transport document, dock warrant, dock receipt, warehouse receipt, and order for delivery of goods. An electronic document of title means a document of title evidenced by a record consisting of information stored in an electronic medium. A tangible document of title means a document of title evidenced by a record consisting of information that is inscribed on a tangible medium.
(15.5) Electronic means relating to technology having electrical, digital,
magnetic, wireless, optical, electromagnetic, or similar capabilities.
(16) Fault means a wrongful act, omission, breach, or default.
(17) Fungible goods means either:
(A) Goods of which any unit, by nature or usage of trade, is the equivalent of
any other like unit; or
(B) Goods that by agreement are treated as equivalent.
(18) Genuine means free of forgery or counterfeiting.
(19) Good faith, except as provided in article 5 of this title, means honesty
in fact and the observance of reasonable commercial standards of fair dealing.
(20) Holder means:
(A) The person in possession of a negotiable instrument that is payable
either to bearer or to an identified person that is the person in possession;
(B) The person in possession of a negotiable tangible document of title if the
goods are deliverable either to bearer or to the order of the person in possession; or
(C) The person in control, other than pursuant to section 4-7-106 (g), of a
negotiable electronic document of title.
(21) Insolvency proceeding includes an assignment for the benefit of
creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved.
(22) An insolvent person is a person that:
(A) Has generally ceased to pay debts in the ordinary course of business
other than as a result of a bona fide dispute as to the debts;
(B) Is unable to pay debts as they become due; or
(C) Is insolvent within the meaning of federal bankruptcy law.
(23) Money means a medium of exchange that is currently authorized or
adopted by a domestic or foreign government and that is not in an electronic form. The term includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more countries.
(24) Organization means a person other than an individual.
(25) Party, as distinct from a third party, means a person that has
engaged in a transaction or made an agreement subject to this title.
(26) Person means an individual, corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, government, government subdivision, agency, or instrumentality, or any other legal or commercial entity. The term includes a protected series, however denominated, of an entity if the protected series is established under the laws of another state that:
(A) Limits, or limits if conditions specified under the law are satisfied, the
ability of a creditor of the entity or of any other protected series of the entity to satisfy a claim from assets of the protected series; and
(B) Treats the protected series as an entity.
(27) Present value means the amount as of a date certain of one or more
sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into.
(28) Presumption or presumed means that the trier of fact must find the
existence of the fact presumed unless and until evidence is introduced that would support a finding of its nonexistence.
(29) Purchase means taking by sale, lease, discount, negotiation,
mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property.
(30) Purchaser means a person that takes by purchase.
(31) 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.
(32) Remedy means any remedial right to which an aggrieved party is
entitled, with or without resort to a tribunal.
(33) Representative means any person empowered to act for another,
including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate.
(34) Right includes remedy.
(35) Security interest means an interest in personal property or fixtures
that secures payment or performance of an obligation. The term also includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to article 9 of this title. The special property interest of a buyer of goods on identification of those goods to a contract for sale under section 4-2-401 is not a security interest, but a buyer may also acquire a security interest by complying with article 9 of this title. Except as otherwise provided in section 4-2-505, the right of a seller or lessor of goods under article 2 or 2.5 of this title to retain or acquire possession of the goods is not a security interest, but a seller or lessor may also acquire a security interest by complying with article 9 of this title. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (section 4-2-401) is limited in effect to a reservation of a security interest. Whether a transaction in the form of a lease creates a security interest is determined pursuant to section 4-1-203.
(36) Send, in connection with a record or notification, means to:
(A) Deposit in the mail, deliver for transmission, or transmit by any other
usual means of communication with postage or cost of transmission provided for, addressed to any address reasonable under the circumstances; or
(B) Cause the record or notification to be received within the time it would
have been received if properly sent under subsection (b)(36)(A) of this section.
(37) (A) Sign means, with present intent to authenticate or adopt a record:
(i) Execute or adopt a tangible symbol; or
(ii) Attach to or logically associate with the record an electronic symbol,
sound, or process.
(B) Signed, signing, and signature have corresponding meanings.
(38) 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.
(39) Surety includes a guarantor or other secondary obligor.
(40) Term means a portion of an agreement that relates to a particular
matter.
(41) Unauthorized signature means a signature made without actual,
implied, or apparent authority. The term includes a forgery.
(42) Warehouse receipt means a document of title issued by a person
engaged in the business of storing goods for hire.
(43) Writing includes printing, typewriting, or any other intentional
reduction to tangible form. Written has a corresponding meaning.
Source: L. 2006: Entire article R&RE, p. 458, � 1, effective September 1. L.
2007: (b)(5), (b)(15), (b)(20)(A), and (b)(20)(C) amended, p. 374, � 26, effective August 3. L. 2023: IP(b), (b)(10), (b)(14), (b)(20)(C), (b)(23), (b)(26), (b)(36), and (b)(37) amended and (b)(15.5) added, (SB 23-090), ch. 136, p. 524, � 1 effective August 7.
Editor's note: This section is similar to former � 4-1-201 as it existed prior to
2006.
Cross references: For offenses relating to security interest, see �� 18-5-504,
18-5-505, and 18-5-511.
C.R.S. § 4-2-104
4-2-104. Definitions: merchant - between merchants - financing agency. (1) Merchant means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction, or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
(2) Financing agency means a bank, finance company, or other person who
in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller's draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. Financing agency includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (section 4-2-707).
(3) Between merchants means in any transaction with respect to which
both parties are chargeable with the knowledge or skill of merchants.
Source: L. 65: p. 1299, � 1. C.R.S. 1963: � 155-2-104. L. 2006: (2) amended, p.
490, � 4, effective September 1.
Cross references: For the person in the position of a seller, see � 4-2-707.
C.R.S. § 4-2-201
4-2-201. Formal requirements - statute of frauds. (1) Except as otherwise provided in this section, a contract for the sale of goods for the price of five hundred dollars or more is not enforceable by way of action or defense unless there is a record sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by the party's authorized agent or broker. A record is not insufficient because it omits or incorrectly states a term agreed upon, but the contract is not enforceable under this subsection (1) beyond the quantity of goods shown in the record.
(2) Between merchants, if within a reasonable time a record in confirmation
of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) of this section against the party unless notice in a record of objection to its contents is given within ten days after it is received.
(3) A contract which does not satisfy the requirements of subsection (1) of
this section but which is valid in other respects is enforceable:
(a) If the goods are to be specially manufactured for the buyer and are not
suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or
(b) If the party against whom enforcement is sought admits in his pleading,
testimony, or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or
(c) With respect to goods for which payment has been made and accepted or
which have been received and accepted (section 4-2-606).
Source: L. 65: p. 1302, � 1. C.R.S. 1963: � 155-2-201. L. 2023: (1) and (2)
amended, (SB 23-090), ch.136, p. 527, � 7, effective August 7.
Cross references: For what constitutes acceptance of goods, see � 4-2-606.
C.R.S. § 4-2-725
4-2-725. Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced within the time period prescribed in section 13-80-101, C.R.S. This period of limitation may not be varied by agreement of the parties.
(2) A cause of action accrues when the breach occurs, regardless of the
aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made; except, that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance, the cause of action accrues when the breach is or should have been discovered.
(3) Where an action commenced within the time limited by subsection (1) of
this section is so terminated as to leave available a remedy by another action for the same breach, such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.
(4) This section does not alter the law on tolling of the statute of limitations
nor does it apply to causes of action which have accrued before this title becomes effective.
Source: L. 65: p. 1344, � 1. C.R.S. 1963: � 155-2-725. L. 86: (1) amended, p.
702, � 5, effective July 1.
Editor's note - Colorado legislative change: In subsection (1), Colorado
substituted the three-year statute of limitations in � 13-80-101 for the four-year statute of limitations in the uniform act. The official text also provided that the parties could reduce the period of limitation to a minimum of one year, but they could not extend the period. Colorado has provided that the period of limitation may not be reduced or extended.
ARTICLE 2.5
Leases
Editor's note: (1) The National Conference of Commissioners on Uniform
State Laws numbered this article as 2A. In C.R.S., it is numbered as article 2.5. References in the OFFICIAL COMMENTS to specific sections can be translated to C.R.S. numbers by changing 2A to 2.5 and, where necessary, adding the appropriate title of C.R.S. For example, a reference in an OFFICIAL COMMENT to section 2A-101 would translate to section 4-2.5-101.
(2) The numbering and sequencing of C.R.S. subsections do not necessarily
correspond with the numbering and sequencing of subsections in the uniform act.
PART 1
GENERAL PROVISIONS
4-2.5-101. Short title. This article shall be known and may be cited as the
Uniform Commercial Code - Leases.
Source: L. 91: Entire article added, p. 272, � 1, effective July 1, 1992.
4-2.5-102. Scope. (1) This article 2.5 applies to any transaction, regardless
of form, that creates a lease, and, in the case of a hybrid lease, this article 2.5 applies to the extent provided in subsection (2) of this section.
(2) In a hybrid lease:
(a) If the lease-of-goods aspects do not predominate:
(i) Only the provisions of this article 2.5 which relate primarily to the lease-of-goods aspects of the transaction apply, and the provisions that relate primarily
to the transaction as a whole do not apply;
(ii) Section 4-2.5-209 applies if the lease is a finance lease; and
(iii) Section 4-2.5-407 applies to the promises of the lessee in a finance lease
to the extent the promises are consideration for the right to possession and use of the leased goods; and
(b) If the lease-of-goods aspects predominate, this article 2.5 applies to the
transaction but does not preclude application in appropriate circumstances of other law to aspects of the lease which do not relate to the lease of goods.
Source: L. 91: Entire article added, p. 272, � 1, effective July 1, 1992. L. 2023:
Entire section amended, (SB 23-090), ch. 136, p. 528, � 12, effective August 7.
4-2.5-103. Definitions and index of definitions. (1) In this article 2.5, unless
the context otherwise requires:
(a) Buyer in ordinary course of business means a person who in good faith
and without knowledge that the sale to him or her is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods, buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. Buying may be for cash or by exchange of other property or on secured or unsecured credit and includes acquiring goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
(b) Cancellation occurs when either party puts an end to the lease contract
for default by the other party.
(c) Commercial unit means such a unit of goods as by commercial usage is
a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article, as a machine, or a set of articles, as a suite of furniture or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in use or in the relevant market as a single whole.
(d) Conforming goods or performance under a lease contract means goods
or performance that are in accordance with the obligations under the lease contract.
(e) Consumer lease means a lease that a lessor regularly engaged in the
business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed twenty-five thousand dollars.
(f) Fault means wrongful act, omission, breach, or default.
(g) Finance lease means a lease with respect to which:
(i) The lessor does not select, manufacture or supply the goods;
(ii) The lessor acquires the goods or the right to possession and use of the
goods in connection with the lease; and
(iii) One of the following occurs:
(A) The lessee receives a copy of the contract by which the lessor acquired
the goods or the right to possession and use of the goods before signing the lease contract;
(B) The lessee's approval of the contract by which the lessor acquired the
goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;
(C) The lessee, before signing the lease contract, receives an accurate and
complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, of liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or
(D) If the lease is not a consumer lease, the lessor, before the lessee signs
the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this article to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies.
(h) Goods means all things that are movable at the time of identification to
the lease contract, or are fixtures (section 4-2.5-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. The term also includes the unborn young of animals.
(h.5) Hybrid lease means a single transaction involving a lease of goods
and:
(i) The provision of services;
(ii) A sale of other goods; or
(iii) A sale, lease, or license of property other than goods.
(i) Installment lease contract means a lease contract that authorizes or
requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause each delivery is a separate lease or its equivalent.
(j) Lease means a transfer of the right to possession and use of goods for a
term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes a sublease.
(k) Lease agreement means the bargain, with respect to the lease, of the
lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. Unless the context clearly indicates otherwise, the term includes a sublease agreement.
(l) Lease contract means the total legal obligation that results from the
lease agreement as affected by this article and any other applicable rules of law. Unless the context clearly indicates otherwise, the term includes a sublease contract.
(m) Leasehold interest means the interest of the lessor or the lessee under
a lease contract.
(n) Lessee means a person who acquires the right to possession and use of
goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessee.
(o) Lessee in ordinary course of business means a person who in good faith
and without knowledge that the lease to him or her is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods leases in ordinary course from a person in the business of selling or leasing goods of that kind but does not include a pawnbroker. Leasing may be for cash or by exchange of other property or on secured or unsecured credit and includes acquiring goods or documents of title under a preexisting lease contract but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
(p) Lessor means a person who transfers the right to possession and use of
goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessor.
(q) Lessor's residual interest means the lessor's interest in the goods after
expiration, termination, or cancellation of the lease contract.
(r) Lien means a charge against or interest in goods to secure payment of a
debt or performance of an obligation, but the term does not include a security interest.
(s) Lot means a parcel or a single article that is the subject matter of a
separate lease or delivery, whether or not it is sufficient to perform the lease contract.
(t) Merchant lessee means a lessee that is a merchant with respect to
goods of the kind subject to the lease.
(u) Present value means the amount as of a date certain of one or more
sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.
(v) Purchase includes taking by sale, lease, mortgage, security interest,
pledge, gift, or any other voluntary transaction creating an interest in goods.
(w) Sublease means a lease of goods the right to possession and use of
which was acquired by the lessor as a lessee under an existing lease.
(x) Supplier means a person from whom a lessor buys or leases goods to be
leased under a finance lease.
(y) Supply contract means a contract under which a lessor buys or leases
goods to be leased.
(z) Termination occurs when either party pursuant to a power created by
agreement or law puts an end to the lease contract otherwise than for default.
(2) Other definitions applying to this article and the sections in which they
appear are:
Accessions.Section 4-2.5-310 (1).
Construction mortgage.Section 4-2.5-309 (1)(d).
Encumbrance.Section 4-2.5-309 (1)(e).
Fixtures.Section 4-2.5-309 (1)(a).
Fixture filing.Section 4-2.5-309 (1)(b).
Purchase money lease.Section 4-2.5-309 (1)(c).
(3) The following definitions in other articles apply to this article:
Account.Section 4-9-102 (a)(2).
Between merchants.Section 4-2-104 (3).
Buyer.Section 4-2-103 (1)(a).
Chattel paper.Section 4-9-102 (a)(11).
Consumer goods.Section 4-9-102 (a)(23).
Document.Section 4-9-102 (a)(30).
Entrusting.Section 4-2-403 (3).
General intangible.Section 4-9-102 (a)(42).
Good faith.Section 4-2-103 (1)(b).
Instrument.Section 4-9-102 (a)(47).
Merchant.Section 4-2-104 (1).
Mortgage.Section 4-9-102 (a)(55).
Pursuant to commitment.Section 4-9-102 (a)(71).
Receipt.Section 4-2-103 (1)(c).
Sale.Section 4-2-106 (1).
Sale on approval.Section 4-2-326.
Sale or return.Section 4-2-326.
Seller.Section 4-2-103 (1)(d).
(4) In addition, article 1 of this title contains general definitions and
principles of construction and interpretation applicable throughout this article.
Source: L. 91: Entire article added, p. 272, � 1, effective July 1, 1992. L. 2001:
(3) amended, p. 1438, � 23, effective July 1. L. 2002: (3) amended, p. 1011, � 1, effective June 1. L. 2006: (1)(a) and (1)(o) amended, p. 493, � 16, effective September 1. L. 2023: IP(1) amended and (1)(h.5) added, (SB 23-090), ch. 136, p. 529, � 13, effective August 7.
Editor's note - Colorado legislative change: Colorado inserted the amount of
twenty-five thousand dollars in the definition of consumer lease in paragraph (e) of subsection (1) of this section.
4-2.5-104. Leases subject to other law. (1) A lease, although subject to this
article, is also subject to any applicable:
(a) Certificate of title statute of this state (including vessels under article 13
of title 33, C.R.S., snowmobiles under article 14 of title 33, C.R.S., mobile homes under article 29 of title 38, C.R.S., aircraft under article 2 of title 41, C.R.S., and motor vehicles under article 6 or 12 of title 42, C.R.S.);
(b) Certificate of title statute of another jurisdiction (section 4-2.5-105); or
(c) Consumer protection statute of this state, or final consumer protection
decision of a court of this state existing on July 1, 1991.
(2) In case of conflict between this article, other than sections 4-2.5-105, 4-2.5-304 (3) and 4-2.5-305 (3), and a statute or decision referred to in subsection (1)
of this section, the statute or decision controls.
(3) Failure to comply with an applicable law has only the effect specified
therein.
Source: L. 91: Entire article added, p. 277, � 1, effective July 1, 1992. L. 2011:
(1)(a) amended, (SB 11-031), ch. 86, p. 242, � 2, effective August 10.
4-2.5-105. Territorial application of article to goods covered by certificate
of title. Subject to the provisions of sections 4-2.5-304 (3) and 4-2.5-305 (3), with respect to goods covered by a certificate of title issued under a statute of this state or of another jurisdiction, compliance and the effect of compliance or noncompliance with a certificate of title statute are governed by the law (including the conflict of laws rules) of the jurisdiction issuing the certificate until the earlier of (a) surrender of the certificate, or (b) four months after the goods are removed from that jurisdiction and thereafter until a new certificate of title is issued by another jurisdiction.
Source: L. 91: Entire article added, p. 277, � 1, effective July 1, 1992.
4-2.5-106. Limitation on power of parties to consumer lease to choose
applicable law and judicial forum. (1) If the law chosen by the parties to a consumer lease is that of a jurisdiction other than a jurisdiction in which the lessee resides at the time the lease agreement becomes enforceable or within thirty days thereafter or in which the goods are to be used, the choice is not enforceable.
(2) If the judicial forum chosen by the parties to a consumer lease is a forum
that would not otherwise have jurisdiction over the lessee, the choice is not enforceable.
Source: L. 91: Entire article added, p. 278, � 1, effective July 1, 1992.
4-2.5-107. Waiver or renunciation of claim or right after default. Any claim
or right arising out of an alleged default or breach of warranty may be discharged in whole or in part without consideration by a waiver or renunciation in a signed record delivered by the aggrieved party.
Source: L. 91: Entire article added, p. 278, � 1, effective July 1, 1992. L. 2023:
Entire section amended, (SB 23-090), ch. 136, p. 529, � 14, effective August 7.
4-2.5-108. Unconscionability. (1) If the court as a matter of law finds a lease
contract or any clause of a lease contract to have been unconscionable at the time it was made the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
(2) With respect to a consumer lease, if the court as a matter of law finds
that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.
(3) Before making a finding of unconscionability under subsection (1) or (2) of
this section, the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof, or of the conduct.
(4) In an action in which the lessee claims unconscionability with respect to a
consumer lease:
(a) If the court finds unconscionability under subsection (1) or (2) of this
section, the court shall award reasonable attorney's fees to the lessee.
(b) If the court does not find unconscionability and the lessee claiming
unconscionability has brought or maintained an action he or she knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made.
(c) In determining attorney's fees, the amount of the recovery on behalf of
the claimant under subsections (1) and (2) of this section is not controlling.
Source: L. 91: Entire article added, p. 278, � 1, effective July 1, 1992.
4-2.5-109. Option to accelerate at will. (1) A term providing that one party
or his or her successor in interest may accelerate payment or performance or require collateral or additional collateral at will or when he or she deems himself or herself insecure or in words of similar import must be construed to mean that he or she has power to do so only if he or she in good faith believes that the prospect of payment or performance is impaired.
(2) With respect to a consumer lease, the burden of establishing good faith
under subsection (1) of this section is on the party who exercised the power; otherwise the burden of establishing lack of good faith is on the party against whom the power has been exercised.
Source: L. 91: Entire article added, p. 279, � 1, effective July 1, 1992.
PART 2
FORMATION AND CONSTRUCTION
OF LEASE CONTRACT
4-2.5-201. Statute of frauds. (1) A lease contract is not enforceable by way
of action or defense unless:
(a) The total payments to be made under the lease contract, excluding
payments for options to renew or buy, are less than one thousand dollars; or
(b) There is a record, signed by the party against whom enforcement is
sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term.
(2) Any description of leased goods or of the lease term is sufficient and
satisfies subsection (1)(b) of this section, whether or not it is specific, if it reasonably identifies what is described.
(3) A record is not insufficient because it omits or incorrectly states a term
agreed upon, but the lease contract is not enforceable under subsection (1)(b) of this section beyond the lease term and the quantity of goods shown in the record.
(4) A lease contract that does not satisfy the requirements of subsection (1)
of this section, but which is valid in other respects, is enforceable:
(a) If the goods are to be specially manufactured or obtained for the lessee
and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement;
(b) If the party against whom enforcement is sought admits in that party's
pleading, testimony or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or
(c) With respect to goods that have been received and accepted by the
lessee.
(5) The lease term under a lease contract referred to in subsection (4) of this
section is:
(a) If there is a record signed by the party against whom enforcement is
sought or by that party's authorized agent specifying the lease term, the term so specified;
(b) If the party against whom enforcement is sought admits in that party's
pleading, testimony, or otherwise in court a lease term, the term so admitted; or
(c) A reasonable lease term.
Source: L. 91: Entire article added, p. 279, � 1, effective July 1, 1992. L. 2023:
(1)(b), (3), and (5)(a) amended, (SB 23-090), ch. 136, p. 529, � 15, effective August 7.
4-2.5-202. Final written expression: Parol or extrinsic evidence. (1) Terms
with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:
(a) By course of dealing or usage of trade or by course of performance; and
(b) By evidence of consistent additional terms unless the court finds the
record to have been intended also as a complete and exclusive statement of the terms of the agreement.
Source: L. 91: Entire article added, p. 280, � 1, effective July 1, 1992. L. 2023:
IP(1) and (1)(b) amended, (SB 23-090), ch. 136, p. 530, � 16, effective August 7.
4-2.5-203. Seals inoperative. The affixing of a seal to a record evidencing a
lease contract or an offer to enter into a lease contract does not render the record a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer.
Source: L. 91: Entire article added, p. 280, � 1, effective July 1, 1992. L. 2023:
Entire section amended, (SB 23-090), ch. 136, p. 530, � 17, effective August 7.
4-2.5-204. Formation in general. (1) A lease contract may be made in any
manner sufficient to show agreement, including conduct by both parties which recognizes the existence of a lease contract.
(2) An agreement sufficient to constitute a lease contract may be found
although the moment of its making is undetermined.
(3) Although one or more terms are left open, a lease contract does not fail
for indefiniteness if the parties have intended to make a lease contract and there is a reasonably certain basis for giving an appropriate remedy.
Source: L. 91: Entire article added, p. 281, � 1, effective July 1, 1992.
4-2.5-205. Firm offers. An offer by a merchant to lease goods to or from
another person in a signed record that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed three months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
Source: L. 91: Entire article added, p. 281, � 1, effective July 1, 1992. L. 2023:
Entire section amended, (SB 23-090), ch. 136, p. 530, � 18, effective August 7.
4-2.5-206. Offer and acceptance in formation of lease contract. (1) Unless
otherwise unambiguously indicated by the language or circumstances, an offer to make a lease contract must be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.
(2) If the beginning of a requested performance is a reasonable mode of
acceptance, an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
Source: L. 91: Entire article added, p. 281, � 1, effective July 1, 1992.
4-2.5-207. Course of performance or practical construction. (1) If a lease
contract involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection is relevant to determine the meaning of the lease agreement.
(2) The express terms of a lease agreement and any course of performance,
as well as any course of dealing and usage of trade, must be construed whenever reasonable as consistent with each other; but if that construction is unreasonable, express terms control course of performance, course of performance controls both course of dealing and usage of trade, and course of dealing controls usage of trade.
(3) Subject to the provisions of section 4-2.5-208 on modification and waiver,
course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
Source: L. 91: Entire article added, p. 281, � 1, effective July 1, 1992.
4-2.5-208. Modification, rescission, and waiver. (1) An agreement
modifying a lease contract needs no consideration to be binding.
(2) A signed lease agreement that excludes modification or rescission
except by a signed record may not be otherwise modified or rescinded, but, except as between merchants, such a requirement on a form supplied by a merchant must be separately signed by the other party.
(3) Although an attempt at modification or rescission does not satisfy the
requirements of subsection (2) of this section, it may operate as a waiver.
(4) A party who has made a waiver affecting an executory portion of a lease
contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
Source: L. 91: Entire article added, p. 282, � 1, effective July 1, 1992. L. 2023:
(2) amended, (SB 23-090), ch. 136, p. 530, � 19, effective August 7.
4-2.5-209. Lessee under finance lease as beneficiary of supply contract. (1)
The benefit of the supplier's promises to the lessor under the supply contract and of all warranties, whether express or implied, including those of any third party provided in connection with or as a part of the supply contract, extends to the lessee to the extent of the lessee's leasehold interest under a finance lease related to the supply contract, but is subject to the terms of the warranty and of the supply contract and all defenses or claims arising therefrom.
(2) The extension of the benefit of a supplier's promises and of warranties to
the lessee (section 4-2.5-209 (1)) does not: (i) modify the rights and obligations of the parties to the supply contract, whether arising therefrom or otherwise, or (ii) impose any duty or liability under the supply contract on the lessee.
(3) Any modification or rescission of the supply contract by the supplier and
the lessor is effective between the supplier and the lessee unless, before the modification or rescission, the supplier has received notice that the lessee has entered into a finance lease related to the supply contract. If the modification or rescission is effective between the supplier and the lessee, the lessor is deemed to have assumed, in addition to the obligations of the lessor to the lessee under the lease contract, promises of the supplier to the lessor and warranties that were so modified or rescinded as they existed and were available to the lessee before modification or rescission.
(4) In addition to the extension of the benefit of the supplier's promises and
of warranties to the lessee under subsection (1) of this section, the lessee retains all rights that the lessee may have against the supplier which arise from an agreement between the lessee and the supplier or under other law.
Source: L. 91: Entire article added, p. 282, � 1, effective July 1, 1992.
4-2.5-210. Express warranties. (1) Express warranties by the lessor are
created as follows:
(a) Any affirmation of fact or promise made by the lessor to the lessee which
relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.
(b) Any description of the goods which is made part of the basis of the
bargain creates an express warranty that the goods will conform to the description.
(c) Any sample or model that is made part of the basis of the bargain creates
an express warranty that the whole of the goods will conform to the sample or model.
(2) It is not necessary to the creation of an express warranty that the lessor
use formal words, such as warrant or guarantee, or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty.
Source: L. 91: Entire article added, p. 283, � 1, effective July 1, 1992.
4-2.5-211. Warranties against interference and against infringement;
lessee's obligation against infringement. (1) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor, other than a claim by way of infringement or the like, which will interfere with the lessee's enjoyment of its leasehold interest.
(2) Except in a finance lease there is in a lease contract by a lessor who is a
merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like.
(3) A lessee who furnishes specifications to a lessor or a supplier shall hold
the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications.
Source: L. 91: Entire article added, p. 283, � 1, effective July 1, 1992.
4-2.5-212. Implied warranty of merchantability. (1) Except in a finance
lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
(2) Goods to be merchantable must be at least such as
(a) pass without objection in the trade under the description in the lease
agreement;
(b) in the case of fungible goods, are of fair average quality within the
description;
(c) are fit for the ordinary purposes for which goods of that type are used;
(d) run, within the variation permitted by the lease agreement, of even kind,
quality, and quantity within each unit and among all units involved;
(e) are adequately contained, packaged, and labeled as the lease agreement
may require; and
(f) conform to any promises or affirmations of fact made on the container or
label.
(3) Other implied warranties may arise from course of dealing or usage of
trade.
Source: L. 91: Entire article added, p. 284, � 1, effective July 1, 1992.
4-2.5-213. Implied warranty of fitness for particular purpose. Except in a
finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.
Source: L. 91: Entire article added, p. 284, � 1, effective July 1, 1992.
4-2.5-214. Exclusion or modification of warranties. (1) Words or conduct
relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of section 4-2.5-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.
(2) Subject to subsection (3) of this section, to exclude or modify the implied
warranty of merchantability or any part of it the language must mention merchantability, be by a writing, and be conspicuous. Subject to subsection (3) of this section, to exclude or modify any implied warranty of fitness the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, is conspicuous and states, for example, There is no warranty that the goods will be fit for a particular purpose.
(3) Notwithstanding subsection (2) of this section, but subject to subsection
(4) of this section,
(a) unless the circumstances indicate otherwise, all implied warranties are
excluded by expressions like as is, or with all faults, or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, and if in writing conspicuous;
(b) if the lessee before entering into the lease contract has examined the
goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and
(c) an implied warranty may also be excluded or modified by course of
dealing, course of performance, or usage of trade.
(4) To exclude or modify a warranty against interference or against
infringement (section 4-2.5-211) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.
Source: L. 91: Entire article added, p. 284, � 1, effective July 1, 1992.
4-2.5-215. Cumulation and conflict of warranties express or implied.
Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an inconsistent sample or
model or general language of description.
(b) A sample from an existing bulk displaces inconsistent general language
of description.
(c) Express warranties displace inconsistent implied warranties other than
an implied warranty of fitness for a particular purpose.
Source: L. 91: Entire article added, p. 285, � 1, effective July 1, 1992.
4-2.5-216. Third-party beneficiaries of express and implied warranties. A
warranty to or for the benefit of a lessee under this article, whether express or implied, extends to any person who may reasonably be expected to use, consume, or be affected by the goods and who is injured by breach of the warranty. The operation of this section may not be excluded, modified, or limited with respect to injury to the person of an individual to whom the warranty extends, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, effective against the lessee is also effective against the beneficiary designated under this section.
Source: L. 91: Entire article added, p. 286, � 1, effective July 1, 1992.
Editor's note - Colorado legislative change: The uniform act provides three
alternatives for this section. Colorado chose ALTERNATIVE C to parallel the changes previously made by Colorado in section 4-2-318.
4-2.5-217. Identification. Identification of goods as goods to which a lease
contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:
(a) When the lease contract is made if the lease contract is for a lease of
goods that are existing and identified;
(b) When the goods are shipped, marked, or otherwise designated by the
lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or
(c) When the young are conceived, if the lease contract is for a lease of
unborn young of animals.
Source: L. 91: Entire article added, p. 286, � 1, effective July 1, 1992.
4-2.5-218. Insurance and proceeds. (1) A lessee obtains an insurable
interest when existing goods are identified to the lease contract even though the goods identified are nonconforming and the lessee has an option to reject them.
(2) If a lessee has an insurable interest only by reason of the lessor's
identification of the goods, the lessor, until default or insolvency or notification to the lessee that identification is final, may substitute other goods for those identified.
(3) Notwithstanding a lessee's insurable interest under subsections (1) and
(2) of this section, the lessor retains an insurable interest until an option to buy has been exercised by the lessee and risk of loss has passed to the lessee.
(4) Nothing in this section impairs any insurable interest recognized under
any other statute or rule of law.
(5) The parties by agreement may determine that one or more parties have
an obligation to obtain and pay for insurance covering the goods and by agreement may determine the beneficiary of the proceeds of the insurance.
Source: L. 91: Entire article added, p. 286, � 1, effective July 1, 1992.
4-2.5-219. Risk of loss. (1) Except in the case of a finance lease, risk of loss
is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.
(2) Subject to the provisions of this article on the effect of default on risk of
loss (section 4-2.5-220), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:
(a) If the lease contract requires or authorizes the goods to be shipped by
carrier
(i) and it does not require delivery at a particular destination, the risk of loss
passes to the lessee when the goods are duly delivered to the carrier; but
(ii) if it does require delivery at a particular destination and the goods are
there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery.
(b) If the goods are held by a bailee to be delivered without being moved, the
risk of loss passes to the lessee on acknowledgment by the bailee of the lessee's right to possession of the goods.
(c) In any case not within paragraph (a) or (b) of this subsection (2), the risk of
loss passes to the lessee on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.
Source: L. 91: Entire article added, p. 287, � 1, effective July 1, 1992.
4-2.5-220. Effect of default on risk of loss. (1) Where risk of loss is to pass
to the lessee and the time of passage is not stated:
(a) If a tender or delivery of goods so fails to conform to the lease contract
as to give a right of rejection, the risk of their loss remains with the lessor, or, in the case of a finance lease, the supplier, until cure or acceptance.
(b) If the lessee rightfully revokes acceptance, he or she, to the extent of any
deficiency in his or her effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.
(2) Whether or not risk of loss is to pass to the lessee, if the lessee as to
conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor, or, in the case of a finance lease, the supplier, to the extent of any deficiency in his or her effective insurance coverage may treat the risk of loss as resting on the lessee for a commercially reasonable time.
Source: L. 91: Entire article added, p. 287, � 1, effective July 1, 1992.
4-2.5-221. Casualty to identified goods. If a lease contract requires goods
identified when the lease contract is made, and the goods suffer casualty without fault of the lessee, the lessor or the supplier before delivery, or the goods suffer casualty before risk of loss passes to the lessee pursuant to the lease agreement or section 4-2.5-219, then:
(a) If the loss is total, the lease contract is avoided; and
(b) If the loss is partial or the goods have so deteriorated as to no longer
conform to the lease contract, the lessee may nevertheless demand inspection and at his or her option either treat the lease contract as avoided or, except in a finance lease that is not a consumer lease, accept the goods with due allowance from the rent payable for the balance of the lease term for the deterioration or the deficiency in quantity but without further right against the lessor.
Source: L. 91: Entire article added, p. 288, � 1, effective July 1, 1992.
PART 3
EFFECT OF LEASE CONTRACT
4-2.5-301. Enforceability of lease contract. Except as otherwise provided in
this article, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties.
Source: L. 91: Entire article added, p. 288, � 1, effective July 1, 1992.
4-2.5-302. Title to and possession of goods. Except as otherwise provided
in this article, each provision of this article applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee, or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent.
Source: L. 91: Entire article added, p. 288, � 1, effective July 1, 1992.
4-2.5-303. Alienability of party's interest under lease contract or of
lessor's residual interest in goods; delegation of performance; transfer of rights. (1) As used in this section, creation of a security interest includes the sale of a lease contract that is subject to article 9 of this title by reason of section 4-9-109 (a)(3).
(2) Except as provided in subsection (3) of this section and section 4-9-407,
a provision in a lease agreement that (i) prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease, creation or enforcement of a security interest, or attachment, levy, or other judicial process, of an interest of a party under the lease contract or of the lessor's residual interest in the goods, or (ii) makes such a transfer an event of default, gives rise to the rights and remedies provided in subsection (4) of this section, but a transfer that is prohibited or is an event of default under the lease agreement is otherwise effective.
(3) A provision in a lease agreement that (i) prohibits a transfer of a right to
damages for default with respect to the whole lease contract or of a right to payment arising out of the transferor's due performance of the transferor's entire obligation, or (ii) makes such a transfer an event of default, is not enforceable, and such a transfer is not a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract within the purview of subsection (4) of this section.
(4) Subject to subsection (3) of this section and section 4-9-407:
(a) If a transfer is made that is made an event of default under a lease
agreement, the party to the lease contract not making the transfer, unless that party waives the default or otherwise agrees, has the rights and remedies described in section 4-2.5-501 (2);
(b) If paragraph (a) of this subsection (4) is not applicable and if a transfer is
made that (i) is prohibited under a lease agreement or (ii) materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on, the other party to the lease contract, unless the party not making the transfer agrees at any time to the transfer in the lease contract or otherwise, then, except as limited by contract, (i) the transferor is liable to the party not making the transfer for damages caused by the transfer to the extent that the damages could not reasonably be prevented by the party not making the transfer and (ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the lease contract or an injunction against the transfer.
(5) A transfer of the lease or of all my rights under the lease, or a
transfer in similar general terms, is a transfer of rights and, unless the language or the circumstances, as in a transfer for security, indicate the contrary, the transfer is a delegation of duties by the transferor to the transferee. Acceptance by the transferee constitutes a promise by the transferee to perform those duties. The promise is enforceable by either the transferor or the other party to the lease contract.
(6) Unless otherwise agreed by the lessor and the lessee, a delegation of
performance does not relieve the transferor as against the other party of any duty to perform or of any liability for default.
(7) In a consumer lease, to prohibit the transfer of an interest of a party
under the lease contract or to make a transfer an event of default, the language must be specific, by a writing, and conspicuous.
Source: L. 91: Entire article added, p. 288, � 1, effective July 1, 1992. L. 2001:
Entire section R&RE, p. 1439, � 24, effective July 1.
4-2.5-304. Subsequent lease of goods by lessor. (1) Subject to section 4-2.5-303, a subsequent lessee from a lessor of goods under an existing lease
contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer, and except as provided in subsection (2) of this section and section 4-2.5-527 (4), takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase, the lessor has that power even though:
(a) The lessor's transferor was deceived as to the identity of the lessor;
(b) The delivery was in exchange for a check which is later dishonored;
(c) It was agreed that the transaction was to be a cash sale; or
(d) The delivery was procured through fraud punishable as larcenous under
the criminal law.
(2) A subsequent lessee in the ordinary course of business from a lessor who
is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor's and the existing lessee's rights to the goods, and take
C.R.S. § 4-8-102
4-8-102. Definitions. (a) In this article 8:
(1) Adverse claim means a claim that a claimant has a property interest in a
financial asset and that it is a violation of the rights of the claimant for another person to hold, transfer, or deal with the financial asset.
(2) Bearer form, as applied to a certificated security, means a form in which
the security is payable to the bearer of the security certificate according to its terms but not by reason of an indorsement.
(3) Broker means a person defined as a broker or dealer under the federal
securities laws, but without excluding a bank acting in that capacity.
(4) Certificated security means a security that is represented by a
certificate.
(5) Clearing corporation means:
(i) A person that is registered as a clearing agency under the federal
securities laws;
(ii) A federal reserve bank; or
(iii) Any other person that provides clearance or settlement services with
respect to financial assets that would require it to register as a clearing agency under the federal securities laws but for an exclusion or exemption from the registration requirement, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a federal or state governmental authority.
(6) Communicate means to:
(i) Send a signed record; or
(ii) Transmit information by any mechanism agreed upon by the persons
transmitting and receiving the information.
(7) Entitlement holder means a person identified in the records of a
securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of section 4-8-501 (b)(2) or (b)(3), that person is the entitlement holder.
(8) Entitlement order means a notification communicated to a securities
intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement.
(9) Financial asset, except as otherwise provided in section 4-8-103,
means:
(i) A security;
(ii) An obligation of a person or a share, participation, or other interest in a
person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment; or
(iii) Any property that is held by a securities intermediary for another person
in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this article. As context requires, the term means either the interest itself or the means by which a person's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement.
(10) Good faith, for purposes of the obligation of good faith in the
performance or enforcement of contracts or duties within this article, means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(11) Indorsement means a signature that alone or accompanied by other
words is made on a security certificate in registered form or on a separate document for the purpose of assigning, transferring, or redeeming the security or granting a power to assign, transfer, or redeem it.
(12) Instruction means a notification communicated to the issuer of an
uncertificated security which directs that the transfer of the security be registered or that the security be redeemed.
(13) Registered form, as applied to a certificated security, means a form in
which:
(i) The security certificate specifies a person entitled to the security; and
(ii) A transfer of the security may be registered upon books maintained for
that purpose by or on behalf of the issuer, or the security certificate so states.
(14) Securities intermediary means:
(i) A clearing corporation; or
(ii) A person, including a bank or broker, that in the ordinary course of its
business maintains securities accounts for others and is acting in that capacity.
(15) Security, except as otherwise provided in section 4-8-103, means an
obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer:
(i) Which is represented by a security certificate in bearer or registered form,
or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer;
(ii) Which is one of a class or series or by its terms is divisible into a class or
series of shares, participations, interests, or obligations; and
(iii) Which:
(A) Is, or is of a type, dealt in or traded on securities exchanges or securities
markets; or
(B) Is a medium for investment and by its terms expressly provides that it is a
security governed by this article.
(16) Security certificate means a certificate representing a security.
(17) Security entitlement means the rights and property interest of an
entitlement holder with respect to a financial asset specified in part 5 of this article.
(18) Uncertificated security means a security that is not represented by a
certificate.
(b) The following definitions in this article 8 and other articles apply to this
article 8:
Appropriate personSection 4-8-107
ControlSection 4-8-106
Controllable accountSection 4-9-102
Controllable electronic recordSection 4-12-102
Controllable payment intangibleSection 4-9-102
DeliverySection 4-8-301
Investment company securitySection 4-8-103
IssuerSection 4-8-201
OverissueSection 4-8-210
Protected purchaserSection 4-8-303
Securities accountSection 4-8-501
(c) In addition, article 1 of this title contains general definitions and principles
of construction and interpretation applicable throughout this article.
(d) The characterization of a person, business, or transaction for purposes of
this article does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule.
Source: L. 96: Entire article R&RE, p. 202, � 2, effective July 1. L. 2023: IP(a),
(a)(6)(i), and (b) amended, (SB 23-090), ch. 136, p. 538, � 37, effective August 7.
Editor's note: This section is similar to former �� 4-8-102, 4-8-302, 4-8-303,
4-8-308, and 4-8-313 as they existed prior to 1996.
C.R.S. § 4-8-108
4-8-108. Warranties in direct holding. (a) A person who transfers a certificated security to a purchaser for value warrants to the purchaser, and an indorser, if the transfer is by indorsement, warrants to any subsequent purchaser, that:
(1) The certificate is genuine and has not been materially altered;
(2) The transferor or indorser does not know of any fact that might impair the
validity of the security;
(3) There is no adverse claim to the security;
(4) The transfer does not violate any restriction on transfer;
(5) If the transfer is by indorsement, the indorsement is made by an
appropriate person, or if the indorsement is by an agent, the agent has actual authority to act on behalf of the appropriate person; and
(6) The transfer is otherwise effective and rightful.
(b) A person who originates an instruction for registration of transfer of an
uncertificated security to a purchaser for value warrants to the purchaser that:
(1) The instruction is made by an appropriate person, or if the instruction is by
an agent, the agent has actual authority to act on behalf of the appropriate person;
(2) The security is valid;
(3) There is no adverse claim to the security; and
(4) At the time the instruction is presented to the issuer:
(i) The purchaser will be entitled to the registration of transfer;
(ii) The transfer will be registered by the issuer free from all liens, security
interests, restrictions, and claims other than those specified in the instruction;
(iii) The transfer will not violate any restriction on transfer; and
(iv) The requested transfer will otherwise be effective and rightful.
(c) A person who transfers an uncertificated security to a purchaser for value
and does not originate an instruction in connection with the transfer warrants that:
(1) The uncertificated security is valid;
(2) There is no adverse claim to the security;
(3) The transfer does not violate any restriction on transfer; and
(4) The transfer is otherwise effective and rightful.
(d) A person who indorses a security certificate warrants to the issuer that:
(1) There is no adverse claim to the security; and
(2) The indorsement is effective.
(e) A person who originates an instruction for registration of transfer of an
uncertificated security warrants to the issuer that:
(1) The instruction is effective; and
(2) At the time the instruction is presented to the issuer the purchaser will be
entitled to the registration of transfer.
(f) A person who presents a certificated security for registration of transfer
or for payment or exchange warrants to the issuer that the person is entitled to the registration, payment, or exchange, but a purchaser for value and without notice of adverse claims to whom transfer is registered warrants only that the person has no knowledge of any unauthorized signature in a necessary indorsement.
(g) If a person acts as agent of another in delivering a certificated security to
a purchaser, the identity of the principal was known to the person to whom the certificate was delivered, and the certificate delivered by the agent was received by the agent from the principal or received by the agent from another person at the direction of the principal, the person delivering the security certificate warrants only that the delivering person has authority to act for the principal and does not know of any adverse claim to the certificated security.
(h) A secured party who redelivers a security certificate received, or after
payment and on order of the debtor delivers the security certificate to another person, makes only the warranties of an agent under subsection (g) of this section.
(i) Except as otherwise provided in subsection (g) of this section, a broker
acting for a customer makes to the issuer and a purchaser the warranties provided in subsections (a) through (f) of this section. A broker that delivers a security certificate to its customer, or causes its customer to be registered as the owner of an uncertificated security, makes to the customer the warranties provided in subsection (a) or (b) of this section, and has the rights and privileges of a purchaser under this section. The warranties of and in favor of the broker acting as an agent are in addition to applicable warranties given by and in favor of the customer.
Source: L. 96: Entire article R&RE, p. 210, � 2, effective July 1.
Editor's note: This section is similar to former � 4-8-306 as it existed prior to
1996.
C.R.S. § 4-8-115
4-8-115. Securities intermediary and others not liable to adverse claimant. A securities intermediary that has transferred a financial asset pursuant to an effective entitlement order, or a broker or other agent or bailee that has dealt with a financial asset at the direction of its customer or principal, is not liable to a person having an adverse claim to the financial asset, unless the securities intermediary, or broker or other agent or bailee:
(1) Took the action after it had been served with an injunction, restraining
order, or other legal process enjoining it from doing so, issued by a court of competent jurisdiction, and had a reasonable opportunity to act on the injunction, restraining order, or other legal process; or
(2) Acted in collusion with the wrongdoer in violating the rights of the
adverse claimant; or
(3) In the case of a security certificate that has been stolen, acted with
notice of the adverse claim.
Source: L. 96: Entire article R&RE, p. 215, � 2, effective July 1.
Editor's note: This section is similar to former � 4-8-318 as it existed prior to
1996.
C.R.S. § 4-9-102
4-9-102. Definitions and index of definitions. (a) In this article 9:
(1) Accession means goods that are physically united with other goods in
such a manner that the identity of the original goods is not lost.
(2) Account, except as used in account for, account statement,
account to, commodity account in subsection (a)(14) of this section, customer's account, deposit account in subsection (a)(29) of this section, on account of, and statement of account, means a right to payment of a monetary obligation, whether or not earned by performance, (i) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of; (ii) for services rendered or to be rendered; (iii) for a policy of insurance issued or to be issued; (iv) for a secondary obligation incurred or to be incurred; (v) for energy provided or to be provided; (vi) for the use or hire of a vessel under a charter or other contract; (vii) arising out of the use of a credit or charge card or information contained on or for use with the card; or (viii) as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes controllable accounts and health-care-insurance receivables. The term does not include (i) chattel paper; (ii) commercial tort claims; (iii) deposit accounts; (iv) investment property; (v) letter-of-credit rights or letters of credit; (vi) rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card; or (vii) rights to payment evidenced by an instrument.
(3) Account debtor means a person obligated on an account, chattel paper,
or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the negotiable instrument evidences chattel paper.
(4) Accounting, except as used in accounting for, means a record:
(A) Signed by a secured party;
(B) Indicating the aggregate unpaid secured obligations as of a date not
more than thirty-five days earlier or thirty-five days later than the date of the record; and
(C) Identifying the components of the obligations in reasonable detail.
(5) Agricultural lien means an interest in farm products:
(A) Which secures payment or performance of an obligation for:
(i) Goods or services furnished in connection with a debtor's farming
operation; or
(ii) Rent on real property leased by a debtor in connection with its farming
operation;
(B) Which is created by statute in favor of a person that:
(i) In the ordinary course of its business furnished goods or services to a
debtor in connection with a debtor's farming operation; or
(ii) Leased real property to a debtor in connection with the debtor's farming
operation; and
(C) Whose effectiveness does not depend on the person's possession of the
personal property.
(6) As-extracted collateral means:
(A) Oil, gas, minerals, or other substances of value that may be extracted
from the earth that are subject to a security interest that:
(i) Is created by a debtor having an interest in the minerals or such other
substances before extraction; and
(ii) Attaches to the minerals or such other substances as extracted; or
(B) Accounts arising out of the sale at the wellhead or minehead of oil, gas,
minerals, or other substances of value that may be extracted from the earth in which the debtor had an interest before extraction.
(7) Repealed.
(7.3) Assignee, except as used in assignee for benefit of creditors, means
a person (i) in whose favor a security interest that secures an obligation is created or provided for under a security agreement, whether or not the obligation is outstanding or (ii) to which an account, chattel paper, payment intangible, or promissory note has been sold. The term includes a person to which a security interest has been transferred by a secured party.
(7.5) Assignor means a person that (i) under a security agreement creates
or provides for a security interest that secures an obligation or (ii) sells an account, chattel paper, payment intangible, or promissory note. The term includes a secured party that has transferred a security interest to another person.
(8) Bank means an organization that is engaged in the business of banking.
The term includes savings banks, savings and loan associations, credit unions, and trust companies.
(8.5) Business day means any day other than Saturday, Sunday, or a state
of Colorado or federal legal holiday.
(9) Cash proceeds means proceeds that are money, checks, deposit
accounts, or the like.
(10) Certificate of title means a certificate of title with respect to which a
statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. The term includes another record maintained as an alternative to a certificate of title by the governmental unit that issues certificates of title if a statute permits the security interest in question to be indicated on the record as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral.
(11) Chattel paper means:
(A) A right to payment of a monetary obligation secured by specific goods, if
the right to payment and security agreement are evidenced by a record; or
(B) A right to payment of a monetary obligation owed by a lessee under a
lease agreement with respect to specific goods and a monetary obligation owed by the lessee in connection with the transaction giving rise to the lease, if:
(i) The right to payment and lease agreement are evidenced by a record; and
(ii) The predominant purpose of the transaction giving rise to the lease was
to give the lessee the right to possession and use of the goods. The term does not include a right to payment arising out of a charter or other contract involving the use or hire of a vessel or a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.
(12) Collateral means the property subject to a security interest or
agricultural lien. The term includes:
(A) Proceeds to which a security interest attaches;
(B) Accounts, chattel paper, payment intangibles, and promissory notes that
have been sold; and
(C) Goods that are the subject of a consignment.
(13) Commercial tort claim means a claim arising in tort with respect to
which:
(A) The claimant is an organization; or
(B) The claimant is an individual and the claim:
(i) Arose in the course of the claimant's business or profession; and
(ii) Does not include damages arising out of personal injury to or the death of
an individual.
(14) Commodity account means an account maintained by a commodity
intermediary in which a commodity contract is carried for a commodity customer.
(15) Commodity contract means a commodity futures contract, an option
on a commodity futures contract, a commodity option, or another contract if the contract or option is:
(A) Traded on or subject to the rules of a board of trade that has been
designated as a contract market for such a contract pursuant to federal commodities laws; or
(B) Traded on a foreign commodity board of trade, exchange, or market, and
is carried on the books of a commodity intermediary for a commodity customer.
(16) Commodity customer means a person for which a commodity
intermediary carries a commodity contract on its books.
(17) Commodity intermediary means a person that:
(A) Is registered as a futures commission merchant under federal
commodities law; or
(B) In the ordinary course of its business provides clearance or settlement
services for a board of trade that has been designated as a contract market pursuant to federal commodities law.
(18) Communicate means:
(A) To send a written or other tangible record;
(B) To transmit a record by any means agreed upon by the persons sending
and receiving the record; or
(C) In the case of transmission of a record to or by a filing office, to transmit
a record by any means prescribed by filing-office rule.
(19) Consignee means a merchant to which goods are delivered in a
consignment.
(20) Consignment means a transaction, regardless of its form, in which a
person delivers goods to a merchant for the purpose of sale and:
(A) The merchant:
(i) Deals in goods of that kind under a name other than the name of the
person making delivery;
(ii) Is not an auctioneer; and
(iii) Is not generally known by its creditors to be substantially engaged in
selling the goods of others;
(B) With respect to each delivery, the aggregate value of the goods is one
thousand dollars or more at the time of delivery;
(C) The goods are not consumer goods immediately before delivery; and
(D) The transaction does not create a security interest that secures an
obligation.
(21) Consignor means a person that delivers goods to a consignee in a
consignment.
(22) Consumer debtor means a debtor in a consumer transaction.
(22.5) Consumer deposit account means a deposit account held in the
name of one or more natural persons and used by him, her, or them primarily for personal, family, or household purposes.
(23) Consumer goods means goods that are used or bought for use
primarily for personal, family, or household purposes.
(24) Consumer-goods transaction means a consumer transaction in which:
(A) An individual incurs an obligation primarily for personal, family, or
household purposes; and
(B) A security interest in consumer goods secures the obligation.
(25) Consumer obligor means an obligor who is an individual and who
incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes.
(26) Consumer transaction means a transaction in which (i) an individual
incurs an obligation primarily for personal, family, or household purposes, (ii) a security interest secures the obligation, and (iii) the collateral is held or acquired primarily for personal, family, or household purposes. The term includes consumer-goods transactions.
(27) Continuation statement means an amendment of a financing
statement which:
(A) Identifies, by its file number, the initial financing statement to which it
relates; and
(B) Indicates that it is a continuation statement for, or that it is filed to
continue the effectiveness of, the identified financing statement.
(27.5) Controllable account means an account evidenced by a controllable
electronic record that provides that the account debtor undertakes to pay the person that has control under section 4-12-105 of the controllable electronic record.
(27.7) Controllable payment intangible means a payment intangible
evidenced by a controllable electronic record that provides that the account debtor undertakes to pay the person that has control under section 4-12-105 of the controllable electronic record.
(28) Debtor means:
(A) A person having an interest, other than a security interest or other lien, in
the collateral, whether or not the person is an obligor;
(B) A seller of accounts, chattel paper, payment intangibles, or promissory
notes; or
(C) A consignee.
(29) Deposit account means a demand, time, savings, passbook, or similar
account maintained with a bank. The term does not include investment property or accounts evidenced by an instrument.
(30) Document means a document of title or a receipt of the type
described in section 4-7-201 (b).
(31) Repealed.
(32) Encumbrance means a right, other than an ownership interest, in real
property. The term includes mortgages and other liens on real property.
(33) Equipment means goods other than inventory, farm products, or
consumer goods.
(34) Farm products means goods, other than standing timber, with respect
to which the debtor is engaged in a farming operation and which are:
(A) Crops grown, growing, or to be grown, including:
(i) Crops produced on trees, vines, and bushes; and
(ii) Aquatic goods produced in aquacultural operations;
(B) Livestock, born or unborn, including aquatic goods produced in
aquacultural operations;
(C) Supplies used or produced in a farming operation; or
(D) Products of crops or livestock in their unmanufactured states.
(35) Farming operation means raising, cultivating, propagating, fattening,
grazing, or any other farming, livestock, or aquacultural operation.
(36) File number means the number assigned to an initial financing
statement pursuant to section 4-9-519 (a).
(37) Filing office means an office designated in section 4-9-501 as the
place to file a financing statement.
(38) Filing-office rule means a rule adopted pursuant to section 4-9-526.
(39) Financing statement means a record or records composed of an initial
financing statement and any filed record relating to the initial financing statement.
(40) Fixture filing means the filing of a financing statement covering goods
that are or are to become fixtures and satisfying section 4-9-502 (a) and (b). The term includes the filing of a financing statement covering goods of a transmitting utility which are or are to become fixtures.
(41) Fixtures means goods that have become so related to particular real
property that an interest in them arises under real property law.
(42) General intangible means any personal property, including things in
action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. The term includes controllable electronic records, payment intangibles, and software.
(43) Good faith means honesty in fact and the observance of reasonable
commercial standards of fair dealing.
(44) Goods means all things that are movable when a security interest
attaches. The term includes (i) fixtures, (ii) standing timber that is to be cut and removed under a conveyance or contract for sale, (iii) the unborn young of animals, (iv) crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes, and (v) manufactured homes. The term also includes a computer program embedded in goods and any supporting information provided in connection with a transaction relating to the program if (i) the program is associated with the goods in such a manner that it customarily is considered part of the goods, or (ii) by becoming the owner of the goods, a person acquires a right to use the program in connection with the goods. The term does not include a computer program embedded in goods that consist solely of the medium in which the program is embedded. The term also does not include accounts, chattel paper, commercial tort claims, deposit accounts, documents, general intangibles, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas, or other minerals before extraction.
(45) Governmental unit means a subdivision, agency, department, county,
parish, municipality, or other unit of the government of the United States, a state, or a foreign country. The term includes an organization having a separate corporate existence if the organization is eligible to issue debt on which interest is exempt from income taxation under the laws of the United States.
(46) Health-care-insurance receivable means an interest in or claim under
a policy of insurance that is a right to payment of a monetary obligation for health-care goods or services provided or to be provided.
(47) Instrument means a negotiable instrument or any other writing that
evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in the ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include (i) investment property; (ii) letters of credit; (iii) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card; or (iv) writings that evidence chattel paper.
(48) Inventory means goods, other than farm products, which:
(A) Are leased by a person as lessor;
(B) Are held by a person for sale or lease or to be furnished under a contract
of service;
(C) Are furnished by a person under a contract of service; or
(D) Consist of raw materials, work in process, or materials used or consumed
in a business.
(49) Investment property means a security, whether certificated or
uncertificated, security entitlement, securities account, commodity contract, or commodity account.
(50) Jurisdiction of organization, with respect to a registered organization,
means the jurisdiction under whose law the organization is organized.
(51) Letter-of-credit right means a right to payment or performance under
a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. The term does not include the right of a beneficiary to demand payment or performance under a letter of credit.
(52) Lien creditor means:
(A) A creditor that has acquired a lien on the property involved by
attachment, levy, or the like;
(B) An assignee for benefit of creditors from the time of assignment;
(C) A trustee in bankruptcy from the date of the filing of the petition; or
(D) A receiver in equity from the time of appointment.
(53) Manufactured home means a structure, transportable in one or more
sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph (53) except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States secretary of housing and urban development and complies with the standards established under Title 42 of the United States Code.
(54) Manufactured-home transaction means a secured transaction:
(A) That creates a purchase-money security interest in a manufactured
home, other than a manufactured home held as inventory; or
(B) In which a manufactured home, other than a manufactured home held as
inventory, is the primary collateral.
(54.5) Money has the meaning in section 4-1-201 (b)(23), but does not
include a deposit account.
(55) Mortgage means a consensual interest in real property, including
fixtures, which secures payment or performance of an obligation.
(56) New debtor means a person that becomes bound as debtor under
section 4-9-203 (d) by a security agreement previously entered into by another person.
(57) New value means (i) money, (ii) money's worth in property, services, or
new credit, or (iii) release by a transferee of an interest in property previously transferred to the transferee. The term does not include an obligation substituted for another obligation.
(58) Noncash proceeds means proceeds other than cash proceeds.
(59) Obligor means a person that, with respect to an obligation secured by
a security interest in or an agricultural lien on the collateral, (i) owes payment or other performance of the obligation, (ii) has provided property other than the collateral to secure payment or other performance of the obligation, or (iii) is otherwise accountable in whole or in part for payment or other performance of the obligation. The term does not include issuers or nominated persons under a letter of credit.
(60) Original debtor, except as used in section 4-9-310 (c), means a person
that, as debtor, entered into a security agreement to which a new debtor has become bound under section 4-9-203 (d).
(61) Payment intangible means a general intangible under which the
account debtor's principal obligation is a monetary obligation. The term includes a controllable payment intangible.
(62) Person related to, with respect to an individual, means:
(A) The spouse of the individual;
(B) A brother, brother-in-law, sister, or sister-in-law of the individual;
(C) An ancestor or lineal descendant of the individual or the individual's
spouse; or
(D) Any other relative, by blood or marriage, of the individual or the
individual's spouse who shares the same home with the individual.
(63) Person related to, with respect to an organization, means:
(A) A person directly or indirectly controlling, controlled by, or under
common control with the organization;
(B) An officer or director of, or a person performing similar functions with
respect to, the organization;
(C) An officer or director of, or a person performing similar functions with
respect to, a person described in subparagraph (A) of this paragraph (63);
(D) The spouse of an individual described in subparagraph (A), (B), or (C) of
this paragraph (63); or
(E) An individual who is related by blood or marriage to an individual
described in subparagraph (A), (B), (C), or (D) of this paragraph (63) and shares the same home with the individual.
(64) Proceeds, except as used in section 4-9-609 (b), means the following
property:
(A) Whatever is acquired upon the sale, lease, license, exchange, or other
disposition of collateral;
(B) Whatever is collected on, or distributed on account of, collateral;
(C) Rights arising out of collateral;
(D) To the extent of the value of collateral, claims arising out of the loss,
nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the collateral; or
(E) To the extent of the value of collateral and to the extent payable to the
debtor or the secured party, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the collateral.
(65) Promissory note means an instrument that evidences a promise to pay
a monetary obligation, does not evidence an order to pay, and does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds.
(66) Proposal means a record signed by a secured party which includes the
terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to sections 4-9-620, 4-9-621, and 4-9-622.
(67) Reserved.
(68) Public organic record means a record that is available to the public for
inspection and is:
(A) A record consisting of the record initially filed with or issued by a state or
the United States to form or organize an organization and any record filed with or issued by the state or the United States that amends or restates the initial record;
(B) An organic record of a business trust consisting of the record initially
filed with a state and any record filed with the state that amends or restates the initial record, if a statute of the state governing business trusts requires that the record be filed with the state; or
(C) A record consisting of legislation enacted by the legislature of a state or
the congress of the United States that forms or organizes an organization, any record amending the legislation, and any record filed with or issued by the state or the United States that amends or restates the name of the organization.
(69) Repealed.
(70) Reserved.
(71) Pursuant to commitment, with respect to an advance made or other
value given by a secured party, means pursuant to the secured party's obligation, whether or not a subsequent event of default or other event not within the secured party's control has relieved or may relieve the secured party from its obligation.
(72) Record, except as used in for record, of record, record or legal
title, and record owner, means information that is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.
(73) Registered organization means an organization formed or organized
solely under the law of a single state or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the state or the United States. The term includes a business trust that is formed or organized under the law of a single state if a statute of the state governing business trusts requires that the business trust's organic record be filed with the state.
(74) Secondary obligor means an obligor to the extent that:
(A) The obligor's obligation is secondary; or
(B) The obligor has a right of recourse with respect to an obligation secured
by collateral against the debtor, another obligor, or property of either.
(75) Secured party means:
(A) A person in whose favor a security interest is created or provided for
under a security agreement, whether or not any obligation to be secured is outstanding;
(B) A person that holds an agricultural lien;
(C) A consignor;
(D) A person to which accounts, chattel paper, payment intangibles, or
promissory notes have been sold;
(E) A trustee, indenture trustee, agent, collateral agent, or other
representative in whose favor a security interest or agricultural lien is created or provided for; or
(F) A person that holds a security interest arising under section 4-2-401, 4-2-505, 4-2-711 (3), 4-2.5-508 (5), 4-4-210, or 4-5-117.5.
(76) Security agreement means an agreement that creates or provides for
a security interest.
(77) Repealed.
(78) Software means a computer program and any supporting information
provided in connection with a transaction relating to the program. The term does not include a computer program that is included in the definition of goods.
(79) 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.
(80) Supporting obligation means a letter-of-credit right or secondary
obligation that supports the payment or performance of an account, chattel paper, a document, a general intangible, an instrument, or investment property.
(81) Repealed.
(82) Termination statement means an amendment of a financing statement
which:
(A) Identifies, by its file number, the initial financing statement to which it
relates; and
(B) Indicates either that it is a termination statement or that the identified
financing statement is no longer effective.
(83) Transmitting utility means a person primarily engaged in the business
of:
(A) Operating a railroad, subway, street railway, or trolley bus;
(B) Transmitting communications electrically, electromagnetically, or by
light;
(C) Transmitting goods by pipeline or sewer; or
(D) Transmitting or producing and transmitting electricity, steam, gas, or
water.
(b) Control as provided in section 4-7-106 and the following definitions in
other articles apply to this article 9:
ApplicantSection 4-5-102.
BeneficiarySection 4-5-102.
BrokerSection 4-8-102.
Certificated securitySection 4-8-102.
CheckSection 4-3-104.
Clearing corporationSection 4-8-102.
Contract for saleSection 4-2-106.
Controllable electronic recordSection 4-12-102.
CustomerSection 4-4-104.
Entitlement holderSection 4-8-102.
Financial assetSection 4-8-102.
Holder in due courseSection 4-3-302.
Issuer (with respect to a letter of credit or
letter-of-credit right)Section 4-5-102.
Issuer (with respect to a security)Section 4-8-201.
Issuer (with respect to documents of title)Section 4-7-102.
LeaseSection 4-2.5-103.
Lease agreementSection 4-2.5-103.
Lease contractSection 4-2.5-103.
Leasehold interestSection 4-2.5-103.
LesseeSection 4-2.5-103.
Lessee in ordinary course of businessSection 4-2.5-103.
LessorSection 4-2.5-103.
Lessor's residual interestSection 4-2.5-103.
Letter of creditSection 4-5-102.
MerchantSection 4-2-104.
Negotiable instrumentSection 4-3-104.
Nominated personSection 4-5-102.
NoteSection 4-3-104.
Proceeds of a letter of creditSection 4-5-114.
Protected purchaserSection 4-8-303.
ProveSection 4-3-103.
Qualifying purchaserSection 4-12-102.
SaleSection 4-2-106.
Securities accountSection 4-8-501.
Securities intermediarySection 4-8-102.
SecuritySection 4-8-102.
Security certificateSection 4-8-102.
Security entitlementSection 4-8-102.
Uncertificated securitySection 4-8-102.
(c) Article 1 of this title contains general definitions and principles of
construction and interpretation applicable throughout this article.
Source: L. 2001: Entire article R&RE, p. 1313, � 1, effective July 1. L. 2002:
IP(a)(5) and (a)(46) amended, p. 937, � 1, effective August 7. L. 2004: (a)(77) amended, p. 1187, � 5, effective August 4. L. 2006: (a)(30) and (b) amended, p. 498, � 33, effective September 1. L. 2007: (b) amended, p. 376, � 30, effective August 3. L. 2012: (a)(7)(B), (a)(10), (a)(68), and (a)(73) amended and (a)(65) and (a)(66) added, (HB 12-1262), ch. 170, p. 595, � 1, effective July 1, 2013, and (a)(69)(B) added by revision, (HB 12-1262), ch. 170, pp. 595, 609, �� 1, 18. L. 2023: IP(a), (a)(2), (a)(3), (a)(4)(A), (a)(11), (a)(42), (a)(47), (a)(61), (a)(66), and (b) amended, (a)(7), (a)(31), (a)(77), and (a)(81) repealed, and (a)(7.3), (a)(7.5), (a)(27.5), (a)(27.7), and (a)(54.5) added, (SB 23-090), ch. 136, p. 539, � 42, effective August 7.
Editor's note: (1) The provisions of this section are similar to provisions of
several former sections as they existed prior to 2001. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Colorado legislative change: Colorado substituted the phrase Oil, gas,
minerals, or other substances of value that may be extracted from the earth for the phrase Oil, gas, or other minerals in subsection (a)(6) and added subsection (a)(8.5). Colorado added clause (ii) in subsection (a)(11), added subsection (a)(22.5), added the phrase except as used in section 4-9-310 (c), in subsection (a)(60), and added the phrase except as used in section 4-9-609 (b), in subsection (a)(64). Colorado reserved three definitional subsections, (a)(65) through (a)(67); all subsequent definitions are numbered correspondingly different from the uniform act. Colorado did not adopt the definition of a public finance transaction.
(3) Subsections (65) and (66) are similar to subsections (68) and (69),
respectively, as they existed prior to 2012.
(4) Subsection (a)(69)(B) provided for the repeal of subsection (69), effective
July 1, 2013. (See L. 2012, pp. 595, 609.)
Cross references: For offenses relating to account, see � 18-5-502.
C.R.S. § 4-9-305
4-9-305. Law governing perfection and priority of security interests in investment property. (a) Except as otherwise provided in subsection (c) of this section, the following rules apply:
(1) While a security certificate is located in a jurisdiction, the local law of that
jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the certificated security represented thereby.
(2) The local law of the issuer's jurisdiction as specified in section 4-8-110 (d)
governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in an uncertificated security.
(3) The local law of the securities intermediary's jurisdiction as specified in
section 4-8-110 (e) governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in a security entitlement or securities account.
(4) The local law of the commodity intermediary's jurisdiction governs
perfection, the effect of perfection or nonperfection, and the priority of a security interest in a commodity contract or commodity account.
(5) Subsections (a)(2), (a)(3), and (a)(4) of this section apply even if the
transaction does not bear any relation to the jurisdiction.
(b) The following rules determine a commodity intermediary's jurisdiction for
purposes of this part 3:
(1) If an agreement between the commodity intermediary and commodity
customer governing the commodity account expressly provides that a particular jurisdiction is the commodity intermediary's jurisdiction for purposes of this part 3, this article, or this title, that jurisdiction is the commodity intermediary's jurisdiction.
(2) If paragraph (1) of this subsection (b) does not apply and an agreement
between the commodity intermediary and commodity customer governing the commodity account expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction.
(3) If neither paragraph (1) nor paragraph (2) of this subsection (b) applies
and an agreement between the commodity intermediary and commodity customer governing the commodity account expressly provides that the commodity account is maintained at an office in a particular jurisdiction, that jurisdiction is the commodity intermediary's jurisdiction.
(4) If none of paragraphs (1), (2), and (3) of this subsection (b) applies, the
commodity intermediary's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the commodity customer's account is located.
(5) If none of paragraphs (1), (2), (3), and (4) of this subsection (b) applies, the
commodity intermediary's jurisdiction is the jurisdiction in which the chief executive office of the commodity intermediary is located.
(c) The local law of the jurisdiction in which the debtor is located governs:
(1) Perfection of a security interest in investment property by filing;
(2) Automatic perfection of a security interest in investment property
created by a broker or securities intermediary; and
(3) Automatic perfection of a security interest in a commodity contract or
commodity account created by a commodity intermediary.
Source: L. 2001: Entire article R&RE, p. 1343, � 1, effective July 1. L. 2023:
(a)(5) added, (SB 23-090), ch. 136, p. 550, � 54, effective August 7.
Editor's note: This section is similar to former � 4-9-103 (6) as it existed prior
to 2001.
C.R.S. § 4-9-309
4-9-309. Security interest perfected upon attachment. The following security interests are perfected when they attach:
(1) A purchase-money security interest in consumer goods, except as
otherwise provided in section 4-9-311 (b) with respect to consumer goods that are subject to a statute or treaty described in section 4-9-311 (a);
(2) An assignment of accounts or payment intangibles which does not by
itself or in conjunction with other assignments to the same assignee transfer a significant part of the assignor's outstanding accounts or payment intangibles;
(3) A sale of a payment intangible;
(4) A sale of a promissory note;
(5) A security interest created by the assignment of a health-care-insurance
receivable to the provider of the health-care goods or services;
(6) A security interest arising under section 4-2-401, 4-2-505, 4-2-711 (3), or
4-2.5-508 (5), until the debtor obtains possession of the collateral;
(7) A security interest of a collecting bank arising under section 4-4-210;
(8) A security interest of an issuer or nominated person arising under section
4-5-117.5;
(9) A security interest arising in the delivery of a financial asset under
section 4-9-206 (c);
(10) A security interest in investment property created by a broker or
securities intermediary;
(11) A security interest in a commodity contract or a commodity account
created by a commodity intermediary;
(12) An assignment for the benefit of all creditors of the transferor and
subsequent transfers by the assignee thereunder;
(13) A security interest created by an assignment of a beneficial interest in a
decedent's estate; and
(14) A sale by an individual of an account that is a right to payment of
winnings in a lottery or other game of chance.
Source: L. 2001: Entire article R&RE, p. 1347, � 1, effective July 1. L. 2002: (14)
added, p. 938, � 4, effective August 7.
Editor's note: (1) The provisions of this section are similar to provisions of
several former sections as they existed prior to 2001. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Colorado legislative change: Colorado substituted the reference to � 4-5-117.5 for the uniform act's reference to � 4-5-118 in paragraph (8).
C.R.S. § 4-9-328
4-9-328. Priority of security interests in investment property. The following rules govern priority among conflicting security interests in the same investment property:
(1) A security interest held by a secured party having control of investment
property under section 4-9-106 has priority over a security interest held by a secured party that does not have control of the investment property.
(2) Except as otherwise provided in paragraphs (3) and (4) of this section,
conflicting security interests held by secured parties each of which has control under section 4-9-106 rank according to priority in time of:
(A) If the collateral is a security, obtaining control;
(B) If the collateral is a security entitlement carried in a securities account
and:
(i) If the secured party obtained control under section 4-8-106 (d)(1), the
secured party's becoming the person for which the securities account is maintained;
(ii) If the secured party obtained control under section 4-8-106 (d)(2), the
securities intermediary's agreement to comply with the secured party's entitlement orders with respect to security entitlements carried or to be carried in the securities account; or
(iii) If the secured party obtained control through another person under
section 4-8-106 (d)(3), the time on which priority would be based under this paragraph (2) if the other person were the secured party; or
(C) If the collateral is a commodity contract carried with a commodity
intermediary, the satisfaction of the requirement for control specified in section 4-9-106 (b)(2) with respect to commodity contracts carried or to be carried with the commodity intermediary.
(3) A security interest held by a securities intermediary in a security
entitlement or a securities account maintained with the securities intermediary has priority over a conflicting security interest held by another secured party.
(4) A security interest held by a commodity intermediary in a commodity
contract or a commodity account maintained with the commodity intermediary has priority over a conflicting security interest held by another secured party.
(5) A security interest in a certificated security in registered form which is
perfected by taking delivery under section 4-9-313 (a) and not by control under section 4-9-314 has priority over a conflicting security interest perfected by a method other than control.
(6) Conflicting security interests created by a broker, securities
intermediary, or commodity intermediary which are perfected without control under section 4-9-106 rank equally.
(7) In all other cases, priority among conflicting security interests in
investment property is governed by sections 4-9-322 and 4-9-323.
Source: L. 2001: Entire article R&RE, p. 1363, � 1, effective July 1.
Editor's note: This section is similar to former � 4-9-115 (5) as it existed prior
to 2001.
C.R.S. § 40-2-110.5
40-2-110.5. Annual fees - public utilities commission motor carrier fund - created.
(1) (Deleted by amendment, L. 2011, (HB 11-1198), ch. 127, p. 419, � 15,
effective August 10, 2011.)
(2) (a) (Deleted by amendment, L. 2003, p. 2380, � 2, effective August 6,
2003.)
(b) to (e) (Deleted by amendment, L. 93, p. 2059, � 9, effective July 1, 1993.)
(2.5) (Deleted by amendment, L. 2005, p. 31, � 1, effective August 8, 2005.)
(3) Repealed.
(4) and (5) (Deleted by amendment, L. 2011, (HB 11-1198), ch. 127, p. 419, � 15,
effective August 10, 2011.)
(6) The public utilities commission motor carrier fund is hereby created in the
state treasurer's office. The moneys in the fund shall be subject to annual appropriation by the general assembly for the purposes specified in section 40-2-110 (2)(a)(I). Any unexpended balance remaining in said fund at the end of any fiscal year shall remain in the fund.
(6.5) and (7) Repealed.
(8) Notwithstanding the amount specified for any fee in section 40-10.1-111,
the commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(9) (a) For the 2013-14 fiscal year and for each fiscal year thereafter, if the
amount of uncommitted reserves in the motor carrier fund at the conclusion of any given fiscal year exceeds ten percent of the fund's expenditures during that fiscal year, the amount of the excess that is attributable to revenues received from any motor carrier, motor private carrier, broker, freight forwarder, leasing company, or any other person required to register with the United States department of transportation under the unified carrier registration system as authorized by federal law and as provided for in section 40-10.5-102 shall be transferred to the motor carrier safety fund created in section 42-4-235 (6), C.R.S.
(b) The distribution required by paragraph (a) of this subsection (9) is in lieu
of, and shall supersede, any provision to the contrary in section 24-75-402, C.R.S.
Source: L. 82: Entire section added, p. 585, � 2, effective July 1. L. 83: (1) and
(2) amended and (2.5) added, p. 1548, � 1, effective June 1; (2.5) amended, p. 2056, � 38, effective October 14. L. 84: (2) amended, p. 1034, � 1, effective April 2; (1) and (2) amended, p. 1051, � 4, effective April 12. L. 85: (1) amended, p. 1308, � 4, effective May 29; (7) amended, p. 1295, � 2, effective July 1. L. 88: (3) and (6) amended and (7) repealed, pp. 1351, 1352, �� 2, 3, effective July 1; (3) repealed, p. 1351, � 2, effective July 1, 1989. L. 93: (2) and (4) amended, p. 2059, � 9, effective July 1. L. 95: (1) amended, p. 1211, � 27, effective May 31. L. 98: (8) added, p. 1348, � 86, effective June 1. L. 2003: (6.5) added, p. 458, � 20, effective March 5; (1) and (2)(a) amended, p. 2380, � 2, effective August 6. L. 2005: (1) and (2.5) amended, p. 31, � 1, effective August 8. L. 2006: (6.5) repealed and (9) added, pp. 1102, 1094, �� 24, 4, effective August 7. L. 2008: (1) amended, p. 1792, � 5, effective July 1. L. 2009: (1) and (4) amended, (SB 09-292), ch. 369, p. 1981, � 119, effective August 5. L. 2011: (1), (4), (5), and (8) amended, (HB 11-1198), ch. 127, p. 419, � 15, effective August 10. L. 2014: (9)(a) amended, (HB 14-1081), ch. 8, p. 90, � 1, effective February 27.
Editor's note: Amendments to subsection (2) by Senate Bill 84-85 and House
Bill 84-1252 were harmonized.
C.R.S. § 40-2-122
40-2-122. Natural gas - deregulation of supply - voluntary separation of service offerings - consumer protection - legislative declaration - definition - rules. (1) The general assembly finds, determines, and declares that natural gas service is essential to the health and well-being of all Colorado natural gas customers. The general assembly further finds, determines, and declares that natural gas is traded in competitive markets at the wellhead and in downstream markets for sale to utilities, industrial customers, and large commercial customers and there may be the potential for natural gas also to be traded competitively for sale to all other classes of consumers. As a result, it may be predicted that competition in the natural gas supply market may increase the choices available to consumers and reduce the price of such service. Accordingly, it is the policy of the state of Colorado to encourage competition after a reasonable transition period during which consumers are educated about choices in natural gas supply that are now available or will be available in the future. The commission is authorized to approve voluntary plans consistent with this section that separate the sale of natural gas to retail customers into natural gas delivery and natural gas supply and, after a transition period, deregulate the charge for natural gas supply where the commission finds that the plan provides customers with adequate choices, ensures the provision of reliable natural gas supply on a fallback basis on terms and conditions that are just and reasonable to all customers, promotes the development of a competitive market for gas supply, limits the unreasonable exercise of market power, and retains and enhances programs to support low-income consumers.
(2) (a) Natural gas public utilities shall continue to be regulated with respect
to their delivery functions and shall be required to continue to offer nondiscriminatory natural gas delivery services over their pipeline systems so that Colorado natural gas consumers, both individually and on an aggregated basis, shall have ready access to natural gas supply from among competing sources.
(b) Any natural gas public utility providing for individual consumer choice
between competing suppliers shall implement a separately stated distribution charge, applicable to all customers regardless of the identity of the natural gas supplier and denoted as a public benefits charge, to help defray the costs associated with funding low-income energy assistance programs such as bill assistance and weatherization for residential energy consumers in Colorado, subject to the following conditions:
(I) The total amount collected annually through such public benefits charge
shall be at least three-quarters of one percent of the real dollar equivalent of each utility's 1998 nominal-dollar regulated gas revenues received for the geographic area or group of customers that is subject to the plan. Additionally, within one year following the implementation of the first natural gas supplier choice program by a natural gas utility that affects a significant number of low-income households, the public benefits charges for all natural gas public utilities that have implemented a voluntary plan shall be set at a level sufficient to raise a total additional sum of one hundred fifty thousand dollars to fund the study provided for in subsection (12) of this section.
(II) The public benefits charge shall be separately stated on each customer's
bill for natural gas delivery service in the same manner and with the same prominence as is the charge to defray the utility's transition costs; and
(III) The public benefits charge shall be imposed on all natural gas delivered
by the utility in a manner that is competitively neutral and nonbypassable.
(c) The governing body of each municipal utility providing natural gas service
shall have the authority to consider and approve or reject a voluntary plan submitted by the natural gas municipal utility, for all or a portion of its service territory, that provides for:
(I) The separation of natural gas service into natural gas supply service and
natural gas delivery service; and
(II) The deregulation of municipal natural gas supply service. In making a
determination to approve or reject the voluntary plan submitted, the governing body shall apply the criteria set forth in paragraph (c) of subsection (3) of this section, but only to the extent applicable to municipal utility operations.
(d) (I) If the governing body of a municipality approves a plan for the
voluntary separation of natural gas service offerings and the deregulation of natural gas supply, the municipal utility may request authority from the governing body of the municipality to treat any proposed contracts or agreements for natural gas supply service being negotiated by the municipal utility as confidential information until such contracts or agreements are formally executed. Upon such request, the governing body of the municipality shall hold a hearing to determine whether confidential treatment of such contracts is warranted in order to allow the municipal utility to compete effectively as a provider of natural gas supply service.
(II) If, after a hearing pursuant to subparagraph (I) of this paragraph (d), the
governing body determines that confidential treatment of the contracts is warranted, then:
(A) Such contracts shall not be subject to public disclosure under section
24-72-203, C.R.S., until formally executed by the parties; and
(B) Discussion by the governing body of such contracts or the contents
thereof prior to execution may properly be the subject of an executive session, as the term is used in section 24-6-402, C.R.S. This paragraph (d) shall not be construed to limit or condition the governing body's authority to meet in executive session for any other reason enumerated in section 24-6-402, C.R.S.
(e) The commission or other governing body shall retain the authority to
establish guidelines regarding gas transportation service. Such guidelines may include, but are not limited to, provisions concerning the establishment of rates, terms, and conditions for the provisioning of gas transportation services by a natural gas public utility, regardless of whether the utility has an approved voluntary plan.
(3) (a) The commission is hereby granted the authority to consider and
approve, reject, or approve with modifications a voluntary plan submitted by a natural gas public utility, for all or a portion of its service territory, that:
(I) Provides for the separation of natural gas service into natural gas supply
service and natural gas delivery service; and
(II) Allows for competition in natural gas supply service.
(b) The commission may also consider and approve, reject, or approve with
modifications as a part of any plan submitted in accordance with paragraph (a) of this subsection (3), the proposal of a natural gas public utility to participate as a competing supplier of natural gas. If the commission finds that a utility's plan meets the criteria set forth in paragraph (c) of this subsection (3) and is in the public interest, the commission shall approve the plan. If the plan is approved or approved with modifications, the commission shall determine the requirements or conditions under which the natural gas public utility shall be permitted to offer supply service. The commission may, without limitation, determine that the natural gas public utility shall be permitted to compete as a supplier of natural gas on an unregulated basis or determine that the natural gas public utility shall be permitted to compete as a supplier of natural gas on an unregulated basis only through an affiliate. Alternatively, the commission may establish such requirements or conditions as are in the public interest considering the market position of the natural gas public utility. After the plan is approved, all natural gas supply service, other than fallback service, established under the plan as a competitive service shall thereafter be sold on an unregulated basis without an obligation to serve.
(c) The commission shall not approve a plan submitted pursuant to
subsection (3)(a) of this section unless the price charged for natural gas delivery services does not subsidize natural gas supply service under the plan and, in addition, the plan:
(I) Provides for nondiscriminatory natural gas delivery service over the public
utility's pipelines so that all natural gas consumers covered by the plan, including those who are currently transportation customers of the natural gas public utility, shall have ready access to natural gas supply service from competing sources;
(II) Does not present any unnecessary barriers that prevent or reduce ready
access to natural gas supply service for all classes of consumers, including ensuring nondiscriminatory access to upstream capacity and storage services by all competitors;
(III) Establishes safeguards to eliminate the unreasonable exercise of market
power by any person to the detriment of consumers or competitors;
(IV) Provides for consumer protection deemed necessary by the commission
to assure reliable natural gas supply service, taking into consideration the needs of consumers. Such protections may include, but shall not be limited to, backup gas supply availability, excess peak day supply margins, standards of conduct, and full-rate recovery of any prudent costs incurred by a natural gas public utility related to any reasonable efforts the utility may undertake to avoid gas supply interruptions to consumers served by its delivery system.
(V) Further provides for those consumer protections deemed necessary by
the commission to assure that fallback retail natural gas supply service, on a firm basis with adequate backup, is available to customers under reasonable terms and conditions. Such fallback retail natural gas supply service protection may or may not be provided by the incumbent natural gas public utility. These protections shall include, but are not limited to, the development of a commission-approved standard offer gas supply service or the use of a commission-approved competitive bidding process to assure that natural gas supply is available at fair and reasonable prices for those customers who do not receive supply offers, who do not select a competitive natural gas provider, who are refused service by a supplier, whose service is canceled by a supplier, who need service while moving or during other transitions, or whose supplier fails to supply service. If a utility provides regulated fallback service, the utility shall be allowed to recover all prudently incurred costs related to the provision of fallback supplies through regulated standard offer gas supply service.
(VI) Provides for consumer education concerning the natural gas public
utility's restructuring of its rates and the choices that will be made available to consumers in the competitive supply market;
(VII) Does not degrade the integrity or reliability of natural gas delivery
service or of any upstream third-party pipeline and storage services that are necessary to maintain such reliability and that may be held by the public utility as part of the plan; except that this subparagraph (VII) shall not preclude the necessary upstream third-party pipeline and storage services from being held by competitive natural gas providers unless the commission finds that such condition results in a degradation of the integrity or reliability of natural gas distribution service;
(VIII) Provides for funding of low-income energy assistance programs such
as bill assistance and weatherization through the assessment of a separately stated distribution charge, denoted a public benefits charge, consistent with the authority of the utility to collect the public benefits charge as established in this section. The moneys received through the implementation of the public benefits charge shall be administered by the Colorado energy assistance foundation, which is the entity created under section 40-8.5-104, or its successor, to be used for the purposes of low-income energy assistance payments and programs, low-income weatherization assistance and programs, low-income energy education, and energy conservation. The Colorado energy assistance foundation shall file a report with the commission annually showing amounts of money collected under the public benefits charge and demonstrating that the moneys were used to fund low-income energy assistance programs as established herein.
(IX) Contains all terms and conditions that the commission deems necessary
to protect the public interest and to foster competition in the supply of natural gas, including, without limitation, terms and conditions that address the following issues:
(A) The manner in which price and terms and conditions should be disclosed;
(B) The extent to which natural gas utilities and suppliers are obligated to
serve all customers;
(C) Appropriate credit and collection practices;
(D) The terms under which service may be discontinued;
(E) How partial payments are allocated;
(F) Protecting customer privacy;
(G) Prohibiting unfair and deceptive marketing practices; and
(H) The degree of access to customer information needed by suppliers to
promote competition;
(X) Provides that, as an aspect of implementing the plan, no consumer's
natural gas supplier may be changed without the consumer's prior express consent except as ordered by the commission. Either through rule-making or through consideration of methodology proposed in the plan, the commission shall establish allowable express consent verification methods which may include written confirmation, third-party oral confirmation, or other appropriate procedures. The commission shall also establish and determine the extent to which a supplier who causes consumers to be changed without their consent is liable to those consumers and their chosen providers.
(XI) Provides for funding of the commission and the office of the utility
consumer advocate based upon a charge to end-use customers, as determined by the commission, as a part of the natural gas delivery function, regardless of the identity of the natural gas supplier. Such new funding method must be competitively neutral and shall be designed to generate annual revenues equivalent to the average annual revenues generated under sections 40-2-109 to 40-2-114 during calendar years 1994 to 1998 associated with the sale of natural gas service from the geographic area or group of customers affected by the plan. Whenever such new funding method is instituted for any specific geographic area or group of customers, the natural gas public utilities serving the area or group shall no longer pay the fees that would otherwise have been required under the sections.
(XII) (A) Maintains regulated, cost-based rates for gas supply service from
the public utility until such time as, in the aggregate, no less than thirty-three and one-third percent of the customers covered by a plan are served by competitive natural gas providers, which may include affiliates of the public utility; there are a minimum of five competitive natural gas providers not affiliated with the public utility unless the commission determines that, in geographic areas covered by the plan, less than five competitive natural gas suppliers provide effective competition; and the competitive natural gas suppliers not affiliated with the public utility serve no less than eighteen percent of the customers covered by a plan. When these conditions are met, the public utility supply service to the geographic area or to customers covered by a plan may be deregulated and the fallback supply provision of the plan shall become effective.
(B) For purposes of this subparagraph (XII), the number of customers served
by competitive natural gas suppliers shall be determined based on the number of natural gas meters served by competitive natural gas suppliers in the geographic area covered by the plan, other than those meters served under the natural gas utility's gas transportation tariffs at the time the plan is implemented, whether directly or through a marketer or broker, compared to the total number of natural gas meters in the geographic area covered by the plan.
(4) If the commission approves a natural gas public utility's voluntary plan
with modifications, the utility shall have the option to reject the modified plan and continue to be regulated as before. However, if a natural gas public utility exercises this option, it may not file another voluntary plan for a minimum of two years unless otherwise permitted by the commission and it may not recover in rates the costs and administrative charges incurred associated with the design and litigation of its voluntary plan proposal.
(5) The department of revenue is hereby authorized to collect funding for the
commission and the office of the utility consumer advocate in accordance with subsection (3)(c)(XI) of this section.
(6) The commission shall establish, by rule or by alternative filing by natural
gas public utilities or gas supply companies, such certification requirements, terms and conditions for gas supply service, reporting requirements, and compliance procedures for competitive suppliers, aggregators other than municipalities or counties operating as aggregators within their jurisdictional boundaries, or brokers as the commission deems necessary to provide Colorado retail consumers with reliable natural gas supply service. Such requirements may include, without limitation, complaint procedures for enforcement of the commission's rules and procedures for the suspension or revocation of certification and operating authority of competitive suppliers, aggregators other than municipalities or counties operating as aggregators within their jurisdictional boundaries, or brokers for violation of commission rules as well as the assessment of fines and penalties for violations of commission rules and standards of conduct, in addition to other commission rules and enforcement mechanisms. In the certification requirements the commission shall require natural gas suppliers to operate a customer service location in the state and provide customers with a toll-free telephone number to reach the natural gas supplier.
(7) (a) The commission shall permit each natural gas public utility recovery,
through its tariff rates for delivery of natural gas, of all or a portion of the utility's transition costs as may be just and reasonable if such recovery, for transition costs other than costs identified in sub-subparagraphs (G) and (H) of subparagraph (II) of paragraph (b) of this subsection (7), does not increase the annual charges for regulated gas delivery service in excess of one percent of the utility's jurisdictional gas revenues booked or recorded in calendar year 1998 unless the utility is thereby unable to recover such transition costs as may be approved by the commission pursuant to this subsection (7) within fifteen years. In such a case, the commission shall ensure that the recovery of the utility's transition costs, excluding those identified in sub-subparagraphs (G) and (H) of subparagraph (II) of paragraph (b) of this subsection (7), does not increase the annual charges for regulated gas delivery service in excess of two percent of the utility's jurisdictional gas revenues booked or recorded in calendar year 1998. To the extent the commission approves the recovery of transition costs identified in sub-subparagraphs (G) and (H) of subparagraph (II) of paragraph (b) of this subsection (7), those costs shall be recovered over a reasonable period of time, as determined by the commission.
(b) (I) As used in this subsection (7), transition costs means all costs
determined by the commission to be legitimate, verifiable, and prudently incurred in the provision of natural gas service to customers in Colorado that arise from or are related to contracts, investments, or other obligations existing on or before the date of implementation of the voluntary plan and no longer recoverable under the plan, whether such costs are in the form of direct expenditures for capital assets, operating expenses, investments, long-term supply contracts or other future obligations, or any other form.
(II) Transition costs may include, but are not limited to, the following:
(A) Costs and administrative charges incurred by a natural gas public utility
resulting from the design and implementation of its voluntary plan;
(B) Costs incurred before, on, or after the date of implementation of the
voluntary plan and that are related to preexisting gas supply, transportation, or storage service contracts, including any contract buyout or buy-down costs, contract reformation or termination costs, contract litigation costs, fees, judgments, or settlements, other than those costs that have been the subject of litigation prior to January 1, 1999, as identified in sub-subparagraph (H) of this subparagraph (II);
(C) Investments in assets that are stranded by competition for natural gas
supply service;
(D) Interstate or intrastate third-party pipeline costs;
(E) Balancing costs;
(F) Underground storage costs;
(G) Deferred or prior-period gas costs not yet recovered at the time of
conversion to competition in the provision of natural gas supply service;
(H) Costs incurred before, on, or after the date of implementation of the
voluntary plan and that are related to preexisting gas supply contracts that have been the subject of litigation prior to January 1, 1999, including any above market costs, contract buyout, buy-down, reformation, or termination costs, litigation costs, fees, judgments, or settlements; and
(I) Any other costs that the commission determines to be recoverable
transition costs.
(III) Transition costs shall not include:
(A) Costs that are or could be included within the existing rates of the
natural gas public utility and that would result in double recovery of such costs if they were so included; or
(B) Costs committed to or incurred after the implementation date of the
voluntary plan unless the commission determines that allowing recovery of such costs is in the public interest or that the incurrence of such costs is reasonable and prudent for the purpose of resolving or mitigating other transition costs.
(IV) A natural gas public utility shall not be entitled to recover its transition
costs unless the commission finds that the utility has made reasonable efforts to mitigate transition costs. The commission shall determine the appropriate method and amortization period for a utility's recovery of transition costs and may establish such other reasonable procedures and conditions for the recovery of transition costs as the commission may determine are consistent with this section and in the public interest.
(c) Except to the extent provided in plan provisions or rules adopted by the
commission governing the relationship between the public utility and its affiliates, the commission shall not impose on a natural gas public utility or its affiliate, with respect to competitive natural gas supply services, any requirement that is not imposed upon competing, non-utility providers of natural gas supply services, unless the commission determines that the imposition of such requirement is necessary to protect the public interest.
(8) The public benefits charge and its funding method shall continue in
effect until at least December 31, 2005, and shall remain in effect thereafter until and unless replaced with a different legislatively adopted funding mechanism for statewide low-income energy assistance programs that assures the availability of adequate resources and that is consistent with the recommendations of the 1998 governor's energy assistance reform task force for the purpose of defraying the costs of low-income energy assistance. On or before December 1, 2004, the Colorado energy assistance foundation, which is the entity created under section 40-8.5-104, or its successor, in conjunction with any interested natural gas utility or natural gas supplier, shall recommend such a different funding mechanism for low-income energy assistance programs to the general assembly for adoption.
(9) Repealed.
(10) The general assembly determines that a new funding formula should be
devised to adequately fund the commission's and office of the utility consumer advocate's administrative expenses. On or before December 1, 2000, the commission and the office shall recommend to the general assembly those legislative changes needed to develop appropriate funding mechanisms for the public utilities commission and the office. This provision is intended to provide a comprehensive replacement for the funding method contained in the utility plan under subsection (3)(c)(XI) of this section.
(11) The commission is specifically authorized at its sole discretion to adopt
all necessary rules in furtherance of this section, including, but not limited to, standards of conduct, unfair and deceptive marketing practices, and consumer protections.
(12) Repealed.
(13) In any area where competitive gas supply choices are afforded to
customers, any municipality or county or combination thereof may serve as a competitive supplier or, without buying and selling gas, act as an aggregator of the loads of its residents and businesses and contract with a certified supplier for its gas supply needs and the gas supply needs of its residents or businesses or both such residents and businesses; except that nothing in this subsection (13) shall require either a resident or business to buy natural gas supply service from a municipality serving as a supplier or acting as an aggregator of the loads of its residents or businesses.
(14) Each provider of natural gas supply service and natural gas delivery
service shall collect and remit all applicable sales and use taxes. In a transaction involving the sale or furnishing of natural gas service, the transaction shall be deemed to occur where the natural gas is used or consumed.
(15) The commission shall undertake an investigation into natural gas public
utilities' supply acquisition practices. The investigation shall examine, among other items, how public utilities currently acquire supply and their ability to manage the risk of price spikes in natural gas markets. Based on the investigation's findings, the commission may provide recommendations as to how natural gas portfolios might be structured in the future so as to provide greater long-term natural gas price stability for consumers. Information from the investigation shall be made available to interested parties at the commission's office. Such portfolio shall include a comparison of costs of natural gas contracts to the cost of coal syngas contracts that may become available in the future.
Source: L. 99: Entire section added, p. 954, � 1, effective August 4. L. 2001:
(15) added, p. 1523, � 2, effective August 8. L. 2002: (9) and (12) repealed, p. 260, � 1, effective August 7. L. 2004: (15) amended, p. 585, � 2, effective August 4. L. 2021: IP(3)(c), (3)(c)(XI), (5), and (10) amended, (SB 21-103), ch. 477, p. 3414, � 12, effective September 1.
C.R.S. § 40-2-125
40-2-125. Eminent domain restrictions. (1) A qualifying retail utility shall not have the authority to condemn or exercise the power of eminent domain over any real estate, right-of-way, easement, or other right pursuant to section 38-2-101, C.R.S., to site the generation facilities of a renewable energy system used in whole or in part to meet the electric resource standards set forth in section 40-2-124. This section shall not be construed to limit the authority of a home rule municipality under article XX of the Colorado constitution.
(2) Section 3 of this initiated measure provides that this section and section
40-2-124 shall be effective December 1, 2004.
Source: Initiated 2004: Entire section added, see L. 2005, p. 2337, effective
December 1, 2004, proclamation of the Governor issued December 1, 2004. L. 2005: Entire section amended, p. 238, � 2, effective August 8; (2) added by revision, see L. 2005, p. 2340, � 3.
Editor's note: (1) A declaration of intent was contained in the initiated
measure, Amendment 37, and is reproduced below:
SECTION 1. Legislative declaration of intent:
Energy is critically important to Colorado's welfare and development, and its
use has a profound impact on the economy and environment. Growth of the state's population and economic base will continue to create a need for new energy resources, and Colorado's renewable energy resources are currently underutilized.
Therefore, in order to save consumers and businesses money, attract new
businesses and jobs, promote development of rural economies, minimize water use for electricity generation, diversify Colorado's energy resources, reduce the impact of volatile fuel prices, and improve the natural environment of the state, it is in the best interests of the citizens of Colorado to develop and utilize renewable energy resources to the maximum practicable extent.
(2) This initiated measure was approved by a vote of the registered electors
of the state of Colorado on November 2, 2004. The vote count for the measure was as follows:
FOR: 1,066,023
AGAINST: 922,577
C.R.S. § 40-20-113
40-20-113. Acknowledgments. The acknowledgments of such contracts may be made in the form required as to conveyances of real estate.
Source: L. 1885: p. 303, � 5. R.S. 08: � 5527. C.L. � 2910. CSA: C. 139, � 96.
CRS 53: � 116-1-13. C.R.S. 1963: � 116-1-13.
Cross references: For form of real estate conveyance acknowledgments, see
� 38-35-101.
C.R.S. § 40-22-104
40-22-104. Property of each transferred. (1) Upon the consummation of said act of consolidation, all the rights, privileges, and franchises of each of said corporations, parties to the same, and all the property, real, personal, and mixed, and all debts due on whatever account, as well as stock subscriptions and other things in action, belonging to each of such corporations shall be deemed to be transferred to and vested in such new corporation without further act or deed. All property, all rights-of-way, and every other interest shall be as effectually the property of the new corporation as they were of the former corporations.
(2) The title to real estate, either by deed or otherwise, under the laws of this
state or of the United States, vested in any of such corporations, shall not be deemed to revert or be in any way impaired by reason of this article, nor shall the lien, operation, or effect of any trust deed or mortgage executed by any of the corporations so consolidating be in any way divested, impaired, or affected. The new corporation shall have the right to execute any future trust deed or mortgage upon its property, as shall be provided in the agreement of consolidation, not inconsistent with the laws of this state, and all debts, liabilities, and duties of either of said companies shall attach to said new corporation, and be enforced against it, to the same extent as if said debts, liabilities, and duties had been incurred or contracted by it.
Source: L. 1883: p. 120, � 4. G.S. � 356. R.S. 08: � 5424. C.L. � 2830. CSA: C.
139, � 16. CRS 53: � 116-3-4. C.R.S. 1963: � 116-3-4.
C.R.S. § 40-22-107
40-22-107. Taxation. The portion of the road of such consolidated company in this state and all its real estate and other property shall be subject to like taxation and assessed in the same manner and with like effect as property of other railroad companies within this state.
Source: L. 1883: p. 121, � 7. G.S. � 359. R.S. 08: � 5427. C.L. � 2833. CSA: C.
139, � 19. CRS 53: � 116-3-7. C.R.S. 1963: � 116-3-7.
Cross references: For the taxation of railroads, see article 4 of title 39.
ARTICLE 23
Reorganization
C.R.S. § 40-7-112
40-7-112. Applicability of civil penalties. (1) (a) A person who operates or offers to operate as a motor carrier as defined in section 40-10.1-101; a motor carrier, motor private carrier, broker, freight forwarder, leasing company, or other person required to register under section 40-10.5-102; or a transportation network company required to obtain a permit under section 40-10.1-606 is subject to civil penalties as provided in this section and sections 40-7-113 to 40-7-116, in addition to any other sanctions that may be imposed pursuant to law.
(b) The commission shall transmit all penalties it collects to the state
treasurer, who shall credit them to the legal services offset fund created in section 40-7-118; except that the state treasurer shall credit one-half of any civil penalty imposed upon a motor carrier of household goods to the moving outreach fund created in section 40-10.1-509.
(2) Subsections (3) to (5) of this section and the civil penalties provided in
section 40-7-113 do not apply to persons transporting nuclear materials who commit violations of section 42-20-406 (3), 42-20-407, or 42-20-505, C.R.S., or to persons transporting hazardous materials who commit violations of section 42-20-204, C.R.S.
(3) An owner or other person allowing a driver to operate a motor vehicle
upon a highway in violation of a statute or rule for which a civil penalty may be imposed under section 40-7-113 (1) is subject to the civil penalties provided in section 40-7-113 if he or she knows or has reason to know that the driver is engaged in a violation.
(4) An owner or other person who directs a driver to operate a motor vehicle
upon a highway in violation of a statute or rule for which a civil penalty may be imposed under section 40-7-113 (1) is subject to the civil penalties provided in section 40-7-113.
(5) Any civil penalty assessed against an owner or other person pursuant to
subsection (3) or (4) of this section is in addition to, and not in lieu of, any civil penalty against the actual driver of the vehicle, and any such penalty may be assessed upon the initial violation by the person.
Source: L. 89: Entire section added, p. 1540, � 1, effective April 12. L. 93: (2)
amended, p. 1623, � 3, effective June 6. L. 94: (2) amended, p. 2570, � 94, effective January 1, 1995. L. 95: (1) amended, p. 1209, � 23, effective May 31. L. 98: (1) amended, p. 1058, � 5, effective July 1. L. 2003: (1) amended, p. 2380, � 3, effective August 6. L. 2005: (1) amended, p. 782, � 74, effective June 1. L. 2006: (1) amended, p. 1095, � 7, effective August 7. L. 2009: (1) amended, (SB 09-292), ch. 369, p. 1982, � 120, effective August 5. L. 2011: Entire section amended, (HB 11-1198), ch. 127, p. 420, � 17, effective August 10. L. 2013: (1) amended, (SB 13-189), ch. 365, p. 2126, � 1, effective June 5. L. 2014: (1)(a) amended, (SB 14-125), ch. 323, p. 1408, � 2, effective June 5. L. 2017: (1)(b) amended, (SB 17-180), ch. 281, p. 1531, � 1, effective August 9.
C.R.S. § 42-20-406
42-20-406. Violations - civil penalties - motor vehicles. (1) Any person who violates any provision of this part 4 or part 5 of this article 20 or a rule or regulation promulgated by the chief pursuant to this part 4 and part 5 of this article 20, except for the violations enumerated in subsection (3) of this section and section 42-20-505, is subject to a civil penalty of not more than ten thousand dollars per day for each day during which the violation occurs. The penalty shall be assessed by the chief upon receipt of a complaint by any Colorado state patrol officer and after written notice and an opportunity for a hearing pursuant to section 24-4-105. Payment of a civil penalty under this section does not relieve any person from liability pursuant to article 11 of title 25, part 3 of article 15 of title 25, or article 22 of title 29. Any person who is assessed a penalty pursuant to this subsection (1) has the right to appeal the chief's decision by filing a notice of appeal with the court of appeals as specified in section 24-4-106 (11).
(2) Any person who commits any of the acts enumerated in subsection (3) of
this section is subject to the civil penalty listed in said subsection (3). Officers of the Colorado state patrol have the authority to issue civil penalty assessments for the enumerated violations. At any time that a person is cited for a violation enumerated in subsection (3) of this section, the person in charge of or operating the motor vehicle involved shall be given a notice in the form of a civil penalty assessment notice. The notice shall be tendered by the officer of the Colorado state patrol and must contain the name and address of the person, the license number of the motor vehicle involved, if any, the number of the person's driver's license, the nature of the violation, the amount of the penalty prescribed for the violation, the date of the notice, a place for the person to execute a signed acknowledgment of his or her receipt of the civil penalty assessment notice, a place for the person to execute a signed acknowledgment of liability for the cited violation, and such other information as may be required by law to constitute the notice as a complaint to appear in court should the prescribed penalty not be paid within ten days. Every cited person shall execute the signed acknowledgment of his or her receipt of the civil penalty assessment notice. The acknowledgment of liability shall be executed at the time the cited person pays the prescribed penalty. The person cited shall pay the civil penalty specified in subsection (3) of this section for the violation involved at the office of the department of revenue either in person or by postmarking such payment within ten days of the citation. The department of revenue shall accept late payment of any penalty assessment up to twenty days after the payment becomes due. If the person cited does not pay the prescribed penalty within ten days of the notice, the civil penalty assessment notice shall constitute a complaint to appear in court unless payment for the penalty assessment has been accepted by the department of revenue as evidenced by receipt, and the person cited shall, within the time specified in the civil penalty assessment notice, file an answer to this complaint with the county court for the county in which the penalty assessment was issued. The attorney general shall represent the Colorado state patrol if so requested by the Colorado state patrol.
(3) The following penalties apply only to the transportation of nuclear
materials by motor vehicle and shall be assessed against drivers, shippers, carriers, operators, brokers, and other persons, as appropriate:
(a) Any person who operates a motor vehicle without a driver's log book in
his or her possession, as required by 49 CFR 395.8, shall be assessed a civil penalty of one hundred dollars.
(b) Any person who operates a motor vehicle without maintaining a driver's
log book in current condition, in accordance with 49 CFR 395.8, shall be assessed a civil penalty of one hundred dollars.
(c) Any person who enters false information in a driver's log book in violation
of 49 CFR 395.8 (e) shall be assessed a civil penalty of two hundred fifty dollars.
(d) Any person who exceeds maximum driving or on duty time, as established
by 49 CFR 395.3, shall be assessed a civil penalty of two hundred fifty dollars.
(e) Any person who fails to produce his or her driver's log book on demand of
any law enforcement official or port of entry personnel in violation of 49 CFR 395.8 shall be assessed a civil penalty of two hundred fifty dollars.
(f) Any person who fails to have a valid medical certificate in his or her
possession, in accordance with 49 CFR 391.43, shall be assessed a civil penalty of one hundred dollars.
(g) Any person who operates a motor vehicle without meeting driver
qualifications, as established in 49 CFR 177.800 (c) and section 42-20-501, shall be assessed a civil penalty of five hundred dollars.
(h) Any person who carries an unauthorized passenger, as defined in 49 CFR
392.60, shall be assessed a civil penalty of one hundred dollars.
(i) Any person who operates a motor vehicle while that person is declared to
be out of service, as defined in 49 CFR 395.13, shall be assessed a civil penalty of five hundred dollars.
(j) Any person who operates an unsafe vehicle, as described in 49 CFR 396.7,
shall be assessed a civil penalty of one hundred fifty dollars.
(k) Any person who operates a motor vehicle without correcting defects as
noted on a safety inspection report in violation of 49 CFR 396.9 shall be assessed a civil penalty of five hundred dollars.
(l) Any person who operates a motor vehicle while that vehicle is declared to
be out of service, as defined in 49 CFR 396.9 (c)(2), shall be assessed a civil penalty of one thousand dollars.
(m) Any person who transports nuclear materials without proper visibility
and display of placards in violation of 49 CFR 172.504 shall be assessed a civil penalty of two hundred dollars.
(n) Any person who transports nuclear materials without proper placards, as
provided in 49 CFR 172.504, shall be assessed a civil penalty of five hundred dollars.
(o) Any person who displays nuclear materials placards on vehicles not
transporting nuclear materials in violation of 49 CFR 172.502 shall be assessed a civil penalty of one hundred dollars.
(p) Any person who fails to have hazardous materials shipping papers in
conformance with 49 CFR 177.817 shall be assessed a civil penalty of five hundred dollars.
(q) Any person who parks a motor vehicle transporting nuclear materials in
violation of 49 CFR 397.7 shall be assessed a civil penalty of five hundred dollars.
(r) Any person who violates a provision of section 42-20-508 or the rules
adopted pursuant thereto shall be assessed a civil penalty of five hundred dollars.
(s) Any person who improperly fills out the shipping papers required by 49
CFR 172, subpart C, shall be assessed a civil penalty of five hundred dollars.
(t) Any person who fails to report a nuclear incident, or fails to take
necessary response actions, as required by 49 CFR 171.15 and 171.16 and 49 CFR 177.861, shall be assessed a civil penalty of five hundred dollars.
(u) Any person who supplies inaccurate information in, or who fails to comply
with, the route plan required by 49 CFR 397.101 (d) shall be assessed a civil penalty of five hundred dollars.
(v) Any person who transports nuclear materials in violation of the radiation
level limitations established in 49 CFR 173.441 shall be assessed a civil penalty of one thousand dollars.
(w) Any person who transports nuclear materials in excess of the maximum
permissible transport index, as provided in 49 CFR 173, shall be assessed a civil penalty of one thousand dollars.
Source: L. 94: Entire title amended with relocations, p. 2530, � 1, effective
January 1, 1995. L. 95: (1) amended, p. 964, � 31, effective May 25. L. 96: (2) amended, p. 639, � 5, effective May 1. L. 2000: (2) amended, p. 1651, � 48, effective June 1. L. 2010: (1) and (2) amended, (HB 10-1113), ch. 244, p. 1084, � 6, effective July 1. L. 2020: (1), (2), IP(3), and (3)(e) amended, (SB 20-118), ch. 155, p. 665, � 7, effective January 1, 2021. L. 2022: (3)(g), (3)(j), and (3)(u) amended, (SB 22-212), ch. 421, p. 2987, � 93, effective August 10.
Editor's note: This section is similar to former � 43-6-406 as it existed prior
to 1994.
C.R.S. § 43-1-210
43-1-210. Acquisition and disposition of property - department of transportation renovation fund. (1) Whenever a part of a parcel of land is to be taken for state highway purposes and the remainder is to be left in such shape or condition as to be of little value to its owner or to give rise to claims or litigation concerning severance or other damage, the department of transportation may acquire by purchase or condemnation the whole parcel; except that the owner of said parcel may, at his option, retain the mineral or gravel interests therein, subject to the right to subsurface support retained by the department of transportation pursuant to section 43-1-209. The owner who retains said mineral or gravel interests shall not disturb the surface of the acquired parcel. The department of transportation may sell or lease the remainder of said parcel or may exchange the same for other property needed for state highway purposes.
(2) The department of transportation may acquire by purchase, exchange, or
condemnation excess right-of-way whenever in the opinion of the chief engineer public interest, safety, or convenience will be served by acquiring such excess. In connection with the construction, maintenance, and supervision of the public highways of this state, the department of transportation may also acquire by purchase, exchange, or condemnation strips or parcels of land, or interests therein, adjacent to federal-aid highways necessary for the restoration, preservation, and enhancement of scenic beauty and for the development of rest, recreation, and sanitary areas; but no state funds shall be expended to acquire said strips or parcels of land, or interests therein, necessary for the restoration, preservation, and enhancement of scenic beauty and for the development of rest, recreation, and sanitary areas unless the acquisition and development of land for such purposes is approved by the secretary of transportation to make the state eligible for reimbursement from federal funds.
(3) The department of transportation has the authority to acquire by
purchase, exchange, or condemnation rights-of-way for future needs for which rights-of-way have been identified in the current five-year highway program of projects and to lease any lands which are held for state highway purposes and are not presently needed therefor on such terms and conditions as the chief engineer, with the approval of the governor, may fix. When any right-of-way is to be acquired for future needs pursuant to this subsection (3), the department of transportation may obtain possession of such right-of-way pursuant to section 38-1-105 (6)(a), C.R.S., even though construction funds are not available at the time of acquisition, following the approval of an environmental assessment.
(4) All moneys received from sale or rent of lands shall be deposited with the
state treasurer to the credit of the state highway fund.
(5) (a) (I) The department of transportation is authorized, subject to
approving resolution of the transportation commission, to dispose of any property or interest therein in the manner specified in this section which, in the opinion of the chief engineer, is no longer needed for transportation purposes. Subject to the provisions of this section, any sale or exchange of such property or interest shall be upon the terms and conditions as the commission and chief engineer, with the approval of the governor, may fix. Title to such property shall be transferred by appropriate instruments of conveyance, without warranties, and any moneys received shall be deposited with the state treasurer to the credit of the state highway supplementary fund.
(II) Prior to the disposal of any property or interest in any property that the
department determines has an approximate value of more than twenty-five thousand dollars, the department shall obtain an appraisal from an appraiser, who is certified as a general appraiser under section 12-10-606, to determine the fair market value of the property or interest.
(III) If the department determines that the property or interest therein is of
use only to one abutting owner or, in the case of an easement, to the underlying fee owner, the abutting owner or underlying fee owner shall have first right of refusal to purchase or exchange the property or interest therein upon which disposition is being made at the fair market value.
(IV) (A) If the abutting owner or underlying fee owner refuses to exercise the
first right of refusal to purchase or exchange the property or interest therein under subsection (5)(a)(III) of this section or if the department determines that such property or interest is of use to more than one owner or potential owner, any political subdivision of this state including but not limited to any state agency, city or town, or county located within the boundaries of the property or interest therein shall have first right of refusal to purchase or exchange such property or interest at the fair market value. During the first right of refusal period, the department of personnel, as part of the process described in section 24-82-102.5 (4)(a), may determine that the property being offered for sale by the department of transportation could be used for affordable housing, child care, or placement of renewable energy facilities, in which case their right of first refusal supersedes the right of any other political subdivision of the state.
(B) If no political subdivision exercises its right of first refusal to purchase or
exchange the property or interest therein pursuant to sub-subparagraph (A) of this subparagraph (IV), the department shall dispose of such property or interest by means of a sale or exchange for not less than its fair market value.
(V) For any property or interest therein subject to disposition that the
department determines has an approximate value of twenty-five thousand dollars or less, the department shall dispose of the property or interest by means of a sale or exchange at not less than its fair market value in the manner set forth in this subsection (5); except that, as specified in section 12-10-602 (9)(b)(VI), the department may employ a right-of-way acquisition agent, a real estate appraiser who is licensed or certified pursuant to part 6 of article 10 of title 12, or any other individual who has sufficient understanding of the local real estate market to be qualified to make a waiver valuation to provide an estimate of the fair market value of such property or interest and to determine to whom the property or interest is of use.
(b) (Deleted by amendment, L. 96, p. 1453, � 1, effective June 1, 1996.)
(c) If the department is not able to dispose of the property or interest therein
by means of a sale or exchange following a diligent effort for a five-year period, the department shall vacate such property or interest and title to such property or interest shall vest in accordance with the provisions of part 3 of article 2 of this title.
(d) As used in this subsection (5), exchange means the transferring of
property, including improvements, water rights, land, or interests in land or water rights, by the department to another person in consideration for the transfer to the department of other property, including improvements, water rights, land, or interests in land or water rights, cash, or services or other consideration thereof; except that any cash or services received may not exceed fifty percent of the total value of the consideration. A transaction otherwise qualifying as an exchange shall not be deemed a sale merely because dollar values have been assigned to any property, including improvements, water rights, land, or interests in land or water rights, for the purpose of ensuring that the department will receive adequate compensation.
(6) and (7) Repealed.
Source: L. 45: p. 559, �� 1-4. CSA: C. 143, � 112(1). CRS 53: � 120-3-10. C.R.S.
1963: � 120-3-10. L. 65: p. 955, � 1. L. 66: p. 178, � 1. L. 73: p. 1234, � 1. L. 85: (1) and (2) amended, p. 1195, � 7, effective June 6; (5)(a) amended, p. 1337, � 1, effective July 1. L. 87: (2), (3), (5)(a), and (5)(b) amended, p. 1549, � 1, effective April 16. L. 91: (1), (2), (3), and (5) amended, p. 1092, � 108, effective July 1; (3) amended, p. 1016, � 1, effective July 1. L. 96: (5) amended, p. 1453, � 1, effective June 1. L. 98: (2) amended, p. 1097, � 13, effective June 1. L. 2004: (6) added, p. 1560, � 1, effective May 28. L. 2012: (7) added, (HB 12-1222), ch. 81, p. 270, � 1, effective April 6. L. 2014: (5)(a)(V) amended, (SB 14-117), ch. 385, p. 1923, � 10, effective July 1. L. 2018: (5)(a)(II) and (5)(a)(V) amended, (HB 18-1349), ch. 254, p. 1558, � 2, effective May 24. L. 2019: (5)(a)(II) and (5)(a)(V) amended, (HB 19-1172), ch. 136, p. 1733, � 261, effective October 1. L. 2021: (5)(a)(IV)(A) amended, (HB 21-1274), ch. 263, p. 1536, � 3, effective September 7.
Editor's note: (1) Amendments to subsection (3) by Senate Bill 91-20 and
House Bill 91-1198 were harmonized.
(2) Subsection (6)(d) provided for the repeal of subsection (6), effective July
1, 2007. (See L. 2004, p. 1560.)
(3) Subsection (7)(b) provided for the repeal of subsection (7), effective July
1, 2015. (See L. 2012, p. 270.)
C.R.S. § 43-1-403
43-1-403. Definitions. As used in this part 4, unless the context otherwise requires:
(1) Advertising device means any outdoor sign, display, device, figure,
painting, drawing, message, placard, poster, billboard, or any other contrivance designed, intended, or used to advertise or inform, for which compensation is directly or indirectly paid or earned in exchange for its erection or existence by any person or entity, and having the capacity of being visible from the travel way of any state highway, except any advertising device on a vehicle using the highway or any advertising device that is part of a comprehensive development. The term vehicle using the highway does not include any vehicle parked near said highway for advertising purposes.
(1.3) Compensation means the exchange of anything of value, including
money, securities, real property interests, personal property interests, goods or services, promise of future development, exchange of favor, or forbearance of debt.
(1.5) (a) Comprehensive development means a group of two or more lots or
parcels of land used primarily for multiple separate commercial or industrial activities that:
(I) Is located entirely on one side of a highway;
(II) Consists of lots or parcels that are contiguous except for public or private
roadways or driveways that provide access to the development;
(III) Has been approved by the relevant local government as a development
with a common identity and plan for public and private improvements;
(IV) Has common areas such as parking, amenities, and landscaping; and
(V) Has an approved plan of common ownership in which the owners have
recorded irrevocable rights to use common areas and that provides for the management and maintenance of common areas.
(b) Comprehensive development includes all land used or to be used or
occupied for the activities of the development, including buildings, parking, storage and service areas, streets, driveways, and reasonably necessary landscaped areas. A comprehensive development includes only land that is used for a purpose reasonably related to the activities of the development.
(2) Defined area means a geographically described economic area in which
tourist-related businesses are located, which area would suffer substantial economic hardship by the removal of any tourist-related advertising device in that area providing directional information about goods and services in the interest of the traveling public.
(3) Department means the department of transportation.
(4) Repealed.
(5) Erect means to construct or allow to be constructed.
(6) Highway means any road on the state highway system, as defined in
section 43-2-101 (1).
(7) Informational site means an area established and maintained within a
highway rest area wherein panels for the display of advertising and informational plaques may be erected and maintained so as not to be visible from the travel way of any state highway.
(8) Interstate system means the system of highways as defined in section
43-2-101 (2).
(9) Maintain means to preserve, keep in repair, continue, or replace an
advertising device.
(10) Municipality has the same meaning as defined in section 31-1-101 (6),
C.R.S.
(11) National policy means the provisions relating to control of advertising,
signs, displays, and devices adjacent to the interstate system contained in 23 U.S.C. sec. 131 and the national standards or regulations promulgated pursuant to such provisions.
(12) Nonconforming advertising device means any advertising device that
was lawfully erected under state law and has been lawfully maintained in accordance with the provisions of this part 4 or prior state law, except those advertising devices allowed by section 43-1-404 (1).
(13) and (14) Repealed.
(15) Person means any individual, corporation, partnership, association, or
organized group of persons, whether incorporated or not, and any government, governmental subdivision, or agency thereof.
(16) Tourist-related advertising device means any legally erected and
maintained advertising device which was in existence on May 5, 1976, and which provides directional information about goods and services in the interest of the traveling public limited to the following: Lodging, campsite, food service, recreational facility, tourist attraction, educational or historical site or feature, scenic attraction, gasoline station, or garage.
(17) Visible means capable of being seen, whether or not legible, without
visual aid by a person of normal acuity.
(18) Would work or suffer a substantial economic hardship means tending
to cause or causing a significant negative economic effect, such as a loss of business income, an increase in unemployment, a reduction in sales taxes or other revenue to the state or other governmental entity, a reduction in real estate taxes to the county, and other significant negative economic factors.
Source: L. 81: Entire part R&RE, p. 2007, � 1, effective July 1. L. 91: (3)
amended, p. 1096, � 117, effective July 1. L. 96: (4) amended, p. 776, � 1, effective May 23. L. 2006: (1.5) added and (14) amended, p. 78, � 1, effective August 7. L. 2008: (12) amended, p. 256, � 1, effective August 5. L. 2021: (1) and (1.5)(b) amended, (1.3) added, and (4), (13), and (14) repealed, (SB 21-263), ch. 388, p. 2588, � 1, effective June 30.
Editor's note: This section is similar to former � 43-1-402 as it existed prior to
1981.
C.R.S. § 43-2-206
43-2-206. Acquisition of rights of prior lessee. If the board of county commissioners of any county, after entering into contract of lease of lands for highway purposes under the provisions of section 43-2-205, is unable to agree with the person holding possession under a prior lease, or otherwise, of any portion of the land so leased by the board of county commissioners for highway purposes for the purchase of the interest, title, or right to possession of any portion of the land necessary or required for the construction of the proposed highway on or over the strip of land so leased, such board may acquire the right to possession thereof in the manner provided by law for the condemnation of real estate.
Source: L. 21: p. 382, � 2. C.L. � 1312. CSA: C. 143, � 65. CRS 53: � 120-1-6.
C.R.S. 1963: � 120-1-6.
Cross references: For condemnation proceedings, see articles 1 to 7 of title
38.
C.R.S. § 43-4-504
43-4-504. Creation of authorities. (1) Any combination may create, by contract, an authority which shall be authorized to exercise the functions conferred by the provisions of this part 5 upon the issuance by the director of the division of a certificate stating that the authority has been duly organized according to the laws of the state. Such certificate shall be issued by the director upon the filing with him of a copy of the contract by the combination joining in the creation of the authority and upon a determination by him that each member of the combination is located in the same metropolitan region. The director shall cause such certificate to be recorded in the real estate records in each county which has territory included in the boundaries of the authority. Upon issuance of the certificate by the director of the division, the authority shall constitute a separate political subdivision and body corporate of the state and shall have all of the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate.
(2) Any contract establishing an authority shall specify:
(a) The name and purpose of the authority and the public highways to be
provided;
(b) The establishment and organization of the board of directors in which all
legislative power of the authority is vested, including:
(I) The number of directors, which shall include at least one elected official
from each member of the combination, except as provided in subsection (4) of this section; except that all of the directors shall be elected officials from the members of the combination, except as provided in subsection (4) of this section;
(II) The manner of their appointment, their qualifications, their compensation,
if any, and the procedure for filling vacancies;
(III) The officers of the authority, the manner of their appointment, and their
duties; and
(IV) The voting requirements for action by the board; except that, unless
specifically provided otherwise, a majority of the voting members of the board shall constitute a quorum and a majority of the quorum shall be necessary for action by the board of directors;
(c) Provisions for the distribution, disposition, or division of assets of the
authority;
(d) The boundaries of the authority, which may include territory which, at the
time of designation, is not more than one and one-half miles from the proposed center line of the public highway to be constructed but which may not include territory outside of the boundaries of the members of the combination; except that the boundaries of the authority may not include territory which, at the time the territory is included within the boundaries of the authority, is located within the boundaries of a municipality, unless such municipality is either a member of the combination or consents to the inclusion of such territory within the boundaries of the authority;
(e) The term of the contract, which may be for a definite term or until
rescinded or terminated, and the method, if any, by which it may be terminated or rescinded; except that the contract may not be rescinded so long as the authority has bonds outstanding;
(f) Provisions for amendment of the contract;
(g) Limitations, if any, on the powers granted by this part 5 which may be
exercised by the authority pursuant to this part 5; and
(h) The conditions to be satisfied to add or delete parties to the contract.
(3) No municipality or county shall enter into the contract establishing the
authority without holding a hearing thereon. Notice of the time, place, and purpose of the hearing shall be given by publication in a newspaper of general circulation in the municipality or county, as the case may be, at least ten days prior to the date of the hearing.
(4) The state, acting by and through the commission and upon the approval
of the governor, may join in the contract creating the authority. The number of members on the board to which the state shall be entitled shall be established in the contract, but in no case shall the state be entitled to less than one member of the board. The state member or members of the board shall be appointed by the governor, with the consent of the senate, for such term as shall be established by the governor.
(5) The appropriate regional transportation agency, if any, the air quality
control commission, and the regional planning commission, if any, shall each designate a representative to serve as nonvoting members of the board.
Source: L. 87: Entire part added, p. 1845, � 1, effective August 27.
C.R.S. § 43-4-506
43-4-506. Powers of the authority - inclusion or exclusion of property - determination of public highway alignment. (1) In addition to any other powers granted to the authority pursuant to this part 5, the authority has the following powers:
(a) To have perpetual existence, except as otherwise provided in the
contract;
(b) To sue and be sued;
(c) To enter into contracts and agreements affecting the affairs of the
authority;
(d) To establish, collect, and, from time to time, increase or decrease fees,
tolls, rates, and charges for the privilege of traveling on any public highway financed, constructed, operated, or maintained by the authority, without any supervision or regulation of such fees, tolls, rates, and charges by any board, agency, bureau, commission, or official;
(e) To pledge all or any portion of the revenues to the payment of bonds of
the authority;
(f) To construct, finance, operate, or maintain public highways within or
without the boundaries of the authority; except that:
(I) The authority shall not construct public highways in any territory located
outside the boundaries of the authority and within the boundaries of a municipality without the consent of the governing body of such municipality or within the unincorporated boundaries of a county without the consent of the governing body of such county; and
(II) (A) Upon completion, no public highway of more than three lanes shall
have at-grade intersections unless the authority is constructing a public highway to use or connect to existing at-grade infrastructure, the governing body of the municipality, county, or entity that owns the at-grade infrastructure has approved the use of the existing at-grade infrastructure as a part of the public three-lane highway, and the authority and the Colorado department of transportation have executed an intergovernmental agreement that specifies the circumstances under which the construction of an above-grade or below-grade intersection is required and the entity responsible for payment of construction costs to build such intersection.
(B) If the authority is connecting with the at-grade infrastructure of the
Colorado department of transportation, the Colorado department of transportation shall be required to give the approval required by sub-subparagraph (A) of this subparagraph (II).
(g) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an
option to purchase, dispose of, and encumber real or personal property and any interest therein, including easements and rights-of-way, without restriction or limitation by other statutory or charter provisions;
(h) (I) To have and exercise the power of eminent domain in the manner
provided by law for the condemnation of private property for public use and to take any private property necessary to exercise the powers granted in this part 5, either within or without the boundaries of the authority; except that the authority shall not exercise the power of eminent domain with respect to property located outside the boundaries of the authority and within the boundaries of a municipality without the consent of the governing body of such municipality or within the unincorporated boundaries of a county without the consent of the governing body of such county.
(II) To the extent applicable, in addition to any compensation awarded the
owner in an eminent domain proceeding pursuant to the requirements of subparagraph (I) of this paragraph (h), and any benefits that may be due the owner pursuant to article 56 of title 24, C.R.S., the authority shall additionally reimburse the owner whose property is being acquired or condemned by such authority the following:
(A) An amount representing the reasonable costs of relocating the
individuals, families, and business concerns that will be displaced by such authority, including, without limitation, moving expenses and actual direct losses of property resulting from the displacement. In the case of an owner that is a business concern, such amount shall also cover expenses incurred in connection with the reestablishment of such concern, including, without limitation, expenses incurred in connection with the construction of replacement facilities or utility, water, or sewer connections, as well as lost profits that are reasonably related to relocation of the business resulting from the displacement for which reimbursement or compensation is not otherwise made; and
(B) In connection with proceedings for the authority's acquisition or
condemnation of property pursuant to this part 5 in which the final value of the property as determined by the court exceeds ten thousand dollars, the court shall award the owner all of such owner's reasonable attorney fees and the reasonable costs of the litigation incurred by such owner where the award by the court in such proceedings equals or exceeds one hundred thirty percent of the last written offer given to the property owner prior to the filing of the condemnation action. For purposes of this sub-subparagraph (B), the reasonable costs of litigation shall include, but not be limited to, those items includable as costs in accordance with section 13-16-122, C.R.S.
(i) To accept real or personal property for the use of the authority and to
accept gifts and conveyances upon such terms and conditions as the board may approve;
(j) To establish, and from time to time increase or decrease, a highway
expansion fee and collect such fee from persons who own property located within the boundaries of the authority who apply for a building permit for improvements on such property, which permit is issued in accordance with applicable ordinances, resolutions, or regulations of any county or municipality. After such fees have been established by the authority, no building permit shall be issued by any county or municipality for any improvement constructed within the boundaries of the authority until such fees have been paid to the authority.
(k) To impose an annual motor vehicle registration fee of not more than ten
dollars for each motor vehicle registered with the authorized agent, as defined in section 42-1-102, of the county by persons residing in all or any designated portion of the members of the combination. The registration fee is in addition to any fee or tax imposed by the state or any other governmental unit. If a motor vehicle is registered in a county which is a member of more than one authority, the total of all fees imposed pursuant to this subsection (1)(k) for any such motor vehicle shall not exceed ten dollars. The authorized agent shall collect the fee and remit the fee to the authority. The authority shall apply the registration fees solely to the financing, construction, operation, or maintenance of public highways.
(l) to (n) Repealed.
(o) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted by this part 5. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 5.
(2) A public highway authority shall not accept or expend federal funds
unless such federal funds are in excess of federal funds for the fiscal year commencing July 1, 1987, or unless such federal funds are specifically authorized, allocated, or made available by the federal government, and unless such acceptance or expenditure is consistent with section 43-1-113 (13).
(3) (a) The board may include property within or exclude property from the
boundaries of the authority in the manner provided in this subsection (3). Property may not be included within the boundaries of the authority unless it is within the boundaries of the members of the combination, is contiguous to property within the boundaries of the authority at the time of the inclusion, and is not more than two and one-half miles from the proposed center line of the public highway as described in the contract required by section 43-4-504 (2).
(b) Prior to any inclusion or exclusion of property, the board shall cause
notice of the proposed inclusion or exclusion to be published in a newspaper of general circulation within the boundaries of the authority and cause such notice to be mailed to the division, to the transportation commission, and to the owners of property to be included or excluded at the last-known address described for such owners in the real estate records of the county in which such property is located. Such notice shall describe the property to be included within or excluded from the boundaries of the authority, shall specify the date, time, and place at which the board shall hold a public hearing on the proposed inclusion or exclusion, and shall state that persons having objections to the inclusion or exclusion may appear at such hearing to object to the proposed inclusion or exclusion. The date of such public hearing contained in such notice shall be not less than twenty days after the mailing and publication of the notice. The board at the time and place designated in the notice or at such times and places to which the hearing may be adjourned shall hear all objections to the proposed inclusion or exclusion. The board, upon the affirmative vote of two-thirds of the members of the board, may adopt a resolution including or excluding all or any portion of the property described in the notice. Upon the adoption of such resolution, such property shall be included within or excluded from the boundaries of the authority as set forth in the resolution. Such resolution may be adopted by the board without amending the contract required by section 43-4-504 (2). The resolution shall be filed with the director of the division, who shall cause such resolution to be recorded in the real estate records of each county that has territory included in the boundaries of the authority.
(c) All property excluded from the authority shall thereafter be subject to
the revenue-raising powers of the authority only to the extent that such powers have been exercised by the authority against such property prior to the exclusion and to the extent required to comply with agreements with the holders of bonds outstanding at the time of the exclusion. All property included within the authority shall thereafter be subject to the revenue-raising powers of the authority. In no way will this section affect or increase property taxes in the affected territory or jurisdiction.
(4) The board, upon the affirmative vote of two-thirds of the members of the
board, may determine the location of the alignment of the public highway, subject only to any limitation existing pursuant to paragraph (f) of subsection (1) of this section.
Source: L. 87: Entire part added, p. 1847, � 1, effective August 27. L. 91: (2)
amended, p. 1134, � 219, effective July 1. L. 93: (3) and (4) added, p. 960, � 1, effective June 1. L. 96: (1)(l), (1)(m), and (1)(n) repealed, p. 36, � 3, effective March 18. L. 2000: (1)(h) amended, p. 1717, � 1, effective June 1; (1)(f) amended, p. 472, � 2, effective August 2. L. 2002: (1)(h)(II)(B) amended, p. 952, � 2, effective June 1. L. 2017: (1)(k) amended, (HB 17-1107), ch. 101, p. 375, � 32, effective August 9.
Editor's note: Section 2 of chapter 351, Session Laws of Colorado 2000,
provides that the act amending subsection (1)(h) applies to any proceeding involving the acquisition or condemnation of property by a public highway authority through the exercise of its eminent domain powers commenced on or after June 1, 2000, and to any proceeding for the acquisition or condemnation of property by a public highway authority commenced before June 1, 2000, for which there has been neither a final adjudication of the parties' rights with respect to such property nor a final settlement of all claims as of June 1, 2000.
Cross references: For the legislative declaration contained in the 2002 act
amending subsection (1)(h)(II)(B), see section 1 of chapter 253, Session Laws of Colorado 2002.
C.R.S. § 43-4-603
43-4-603. Creation of authorities - exercise of powers of an authority by transportation planning organization. (1) Any combination may create, by contract, an authority that is authorized to exercise the functions conferred by this part 6 upon the issuance by the director of the division of a certificate stating that the authority has been duly organized according to the laws of the state. In addition, any transportation planning organization may adopt a resolution authorizing it to exercise the powers of an authority as authorized by section 43-4-622 upon the issuance by the director of the division of a certificate stating that the transportation planning organization has been duly authorized to exercise the powers of an authority according to the laws of the state. The combination joining in the creation of the authority or the transportation planning organization adopting a resolution authorizing it to exercise the powers of an authority shall provide a copy of the contract or resolution to the department of transportation for comment and, if the territory of the proposed authority or the territory in which the transportation planning organization is authorized to exercise the powers of an authority includes or borders any territory of the regional transportation district created in article 9 of title 32 or intersects with or is likely to divert vehicle traffic to or from a toll highway operated by a public highway authority established under part 5 of this article 4, shall also provide a copy of the contract or resolution to the district or the affected public highway authority, as applicable, for comment. The combination or transportation planning organization shall also provide a copy of the contract or resolution for comment to each county and municipality that is not a member of the combination or a member of the transportation planning organization but that includes territory that borders the territory of the proposed authority or the territory in which the transportation planning organization is authorized to exercise the powers of an authority. A transportation planning organization adopting a resolution authorizing it to exercise the powers of an authority shall also provide a copy of the resolution for comment to any existing authority that includes or borders any of the territory in which the transportation planning organization will exercise the powers of an authority and to the regional transportation district created in section 32-9-105 if the regional transportation district includes or borders any of that territory. If the transportation planning organization is required to provide a copy of the resolution for comment to the regional transportation district, it shall also collaborate with the district and ensure that the district's services are taken into consideration and protected when the organization plans to exercise and exercises the powers of an authority. The director shall issue the certificate upon the filing with the director of a copy of the contract by the combination joining in the creation of the authority or a copy of the resolution adopted by the board of the transportation planning organization authorizing the transportation planning organization to exercise the powers of an authority. The director shall cause the certificate to be recorded in the real estate records in each county having territory included in the boundaries of the authority. Upon issuance of the certificate by the director, an authority created by a combination by contract constitutes a separate political subdivision and body corporate of the state and shall have all of the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate.
(1.5) If, after reviewing a contract that creates an authority or a resolution
authorizing a transportation planning organization to exercise the powers of an authority provided pursuant to subsection (1) of this section, but in no event more than ninety days after a copy of the contract or resolution is provided pursuant to subsection (1) of this section, the department of transportation, the regional transportation district created in article 9 of title 32, a bordering county or municipality, a public highway authority established under part 5 of this article 4, or, with respect to a resolution only, an existing authority, informs the combination that executed the contract or the transportation planning organization that adopted the resolution that any portions of the regional transportation systems to be provided by the proposed authority that involve road construction or improvement, as specified in the contract or resolution pursuant to subsection (2)(a) of this section, and that are on, alter the physical structure of, or negatively impact safe operation of any highway, road, or street under its jurisdiction or will provide mass transportation services that impact the district, then, at the request of the affected entity, the combination or the transportation planning organization shall enter into an intergovernmental agreement concerning the identified portions or mass transportation services with the department, the district, the bordering county or municipality, the public highway authority, the existing authority, or any combination thereof, as applicable, within one hundred eighty days after a copy of the contract or resolution was provided, eliminate those portions or services from the list of projects specified in the contract before it submits the contract to a vote of the registered electors residing within the boundaries of the proposed authority as required by subsection (4) of this section, or amend or replace the resolution to eliminate those portions or services from the list of projects specified in the resolution. When requesting that an intergovernmental agreement be entered into or that portions of a regional transportation system be eliminated due to a negative impact to safe operation of a highway, road, or street, the requesting entity shall provide, at the time of the request, evidence of the negative impact. The intergovernmental agreement shall specify whatever terms the combination or transportation planning organization and the affected entity or entities deem necessary to avoid duplication of effort and to ensure coordinated transportation planning, efficient allocation of resources, and equitable sharing of costs. If the department is a party to the intergovernmental agreement, the agreement shall also describe in detail any effect on department funding of any portion of the state highway system within the proposed region that is expected to result from the creation of the proposed authority or the exercise of the power of an authority by the transportation planning organization. Nothing in this subsection (1.5) shall be construed to preclude a combination, authority, or transportation planning organization exercising the powers of an authority from entering into an intergovernmental agreement with the department, the district, a public highway authority, a bordering county or municipality, or any other governmental entity regarding any regional transportation system.
(2) Any contract establishing an authority shall specify:
(a) The name and purpose of the authority and the regional transportation
systems to be provided;
(b) The establishment and organization of the board of directors in which all
legislative power of the authority is vested, including:
(I) The number of directors, which shall be at least five, all of which, except
as provided in subsection (5) of this section, shall be elected officials from the members of the combination and which shall include at least one elected official from each member of the combination;
(II) The manner of the appointment, the qualifications, and the compensation,
if any, of the directors and the procedure for filling vacancies;
(III) The officers of the authority, the manner of their appointment, and their
duties; and
(IV) The voting requirements for action by the board; except that, unless
specifically provided otherwise in the contract, a majority of the directors of the board constitutes a quorum and a majority of the board is necessary for action by the board;
(c) The provisions for the distribution, disposition, or division of the assets of
the authority;
(d) The boundaries of the authority, which may not include territory outside
of the boundaries of the members of the combination, may not include territory within the boundaries of a municipality that is not a member of the combination as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of such municipality, and may not include territory within the unincorporated boundaries of a county that is not a member of the combination as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of such county;
(e) The term of the contract, which may be for a definite term or until
rescinded or terminated, and the method, if any, by which it may be terminated or rescinded; except that the contract may not be terminated or rescinded so long as the authority has bonds outstanding;
(f) The provisions for amendment of the contract;
(g) The limitations, if any, on the powers granted by this part 6 that may be
exercised by the authority pursuant to this part 6; and
(h) The conditions required when adding or deleting parties to the contract.
(2.5) A resolution authorizing a transportation planning organization to
exercise the powers of an authority adopted as authorized by section 43-4-622 must specify:
(a) The regional transportation systems to be provided; and
(b) The boundaries of the territory in which the transportation planning
organization is authorized to exercise the powers of an authority, which may not include:
(I) Territory outside of the boundaries of the members of the transportation
planning organization;
(II) Territory within the boundaries of an existing authority without the
approval of the existing authority;
(III) Territory within the boundaries of a municipality that is a member of the
transportation planning organization if the governing body of the municipality adopts a resolution objecting to the inclusion of the territory;
(IV) Territory within the boundaries of a county that is a member of the
transportation planning organization if the governing body of the county adopts a resolution objecting to the inclusion of the territory;
(V) Territory within the boundaries of a municipality that is not a member of
the transportation planning organization as the boundaries of the municipality exist on the date the resolution is adopted without the consent of the governing body of the municipality; or
(VI) Territory within the unincorporated boundaries of a county that is not a
member of the transportation planning organization as the unincorporated boundaries of the county exist on the date the resolution is adopted without the consent of the governing body of the county.
(3) No municipality, county, or special district shall enter into a contract
establishing an authority and no transportation planning organization shall adopt a resolution authorizing it to exercise the powers of an authority as authorized by section 43-4-622 without holding at least two public hearings thereon in addition to other requirements imposed by law for public notice. The municipality, county, special district, or transportation planning organization shall give notice of the time, place, and purpose of the public hearing by publication in a newspaper of general circulation in the municipality, county, special district, or territory of the transportation planning organization as the case may be, at least ten days prior to the date of the public hearing.
(4) No contract establishing an authority pursuant to this section shall take
effect unless first submitted to a vote of the registered electors residing within the boundaries of the proposed authority. However, a contract establishing an authority may subsequently be amended in accordance with any amendment procedures specified in the contract pursuant to paragraph (f) of subsection (2) of this section. The question of establishing the authority shall be submitted to such registered electors at a general election or a special election called for such purpose. Such question may also be proposed to such registered electors at the same time and in the same or a separate question as an election required under section 43-4-612. The authority shall not be established unless a majority of the registered electors voting thereon at the election vote in favor thereof. The election shall be conducted in substantially the same manner as county elections, and the county clerk and recorder of each county in which the election is conducted shall assist the members of the combination of the proposed authority in conducting the election.
(5) The state, acting by and through the transportation commission, created
in section 43-1-106, and upon the approval of the governor, may join in the contract creating the authority. The number of directors of the board to which the state is entitled shall be established in the contract, but in no case shall the state be entitled to less than one director. The governor shall appoint the director or directors representing the state on the board, with the consent of the senate, for such term as established by the governor.
Source: L. 97: Entire part added, p. 482, � 1, effective August 6. L. 2000: (4)
amended, p. 1174, � 1, effective August 2. L. 2005: (1) and (2)(a) amended and (1.5) added, p. 1059, � 4, effective January 1, 2006. L. 2010: (3) amended, (HB 10-1243), ch. 385, p. 1804, � 4, effective August 11. L. 2021: (1), (1.5) and (3) amended and (2.5) added, (SB 21-260), ch. 250, p. 1430, � 37, effective June 17.
Cross references: For the legislative declaration contained in the 2005 act
amending subsections (1) and (2)(a) and enacting subsection (1.5), see section 1 of chapter 269, Session Laws of Colorado 2005. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021.
C.R.S. § 43-4-605
43-4-605. Powers of the authority - inclusion or exclusion of property - determination of regional transportation system alignment - visitor benefit tax fund - regional transportation authority sales tax fund. (1) In addition to any other powers granted to an authority pursuant to this part 6, an authority has the following powers:
(a) To have perpetual existence, except as otherwise provided in the
contract;
(b) To sue and be sued;
(c) To enter into contracts and agreements affecting the affairs of the
authority;
(d) To establish, collect, and, from time to time, increase or decrease fees,
tolls, rates, and charges for the privilege of traveling on or using any property included in any regional transportation system financed, constructed, operated, or maintained by the authority, without the fees, tolls, rates, and charges being subject to any supervision or regulation by any board, agency, bureau, commission, or official; except that any fees, tolls, rates, and charges imposed for the use of any regional transportation system shall be fixed and adjusted so that the fees, tolls, rates, and charges collected, along with other revenues, if any, are at least sufficient to pay for any bonds issued pursuant to this part 6 and interest thereon;
(e) To pledge all or any portion of the revenues to the payment of bonds of
the authority;
(f) To finance, construct, operate, or maintain regional transportation
systems within or without the boundaries of the authority; except that the authority shall not construct regional transportation systems in any territory located outside the boundaries of the authority and within the boundaries of a municipality as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of the municipality; outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of the county; or inside or outside the boundaries of the authority if the regional transportation systems would alter the state highway system, as defined in section 43-2-101 (1), or the interstate system, as defined in section 43-2-101 (2), except as authorized by an intergovernmental agreement entered into by the members of the combination that created the authority or the transportation planning organization exercising the powers of an authority and the department of transportation as required by section 43-4-603 (1.5);
(g) To purchase, trade, exchange, acquire, buy, sell, lease, lease with an
option to purchase, dispose of, and encumber real or personal property and any interest therein, including easements and rights-of-way;
(h) To accept real or personal property for the use of the authority and to
accept gifts and conveyances upon the terms and conditions as the board may approve;
(i) To impose an annual motor vehicle registration fee of not more than ten
dollars for each motor vehicle registered with the authorized agent, as defined in section 42-1-102, of the county by persons residing in all or any designated portion of the members of the combination or of the members of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622; except that the authority shall not impose a motor vehicle registration fee with respect to motor vehicles registered to persons residing outside the boundaries of the authority and within the boundaries of a municipality as the boundaries of the municipality exist on the date the authority is created or the resolution authorizing the transportation planning organization to exercise the powers of an authority is adopted without the consent of the governing body of the municipality or outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of the county. The registration fee is in addition to any fee or tax imposed by the state or any other governmental unit. If a motor vehicle is registered in a county that is a member of more than one authority, the total of all fees imposed pursuant to this subsection (1)(i) for the motor vehicle shall not exceed ten dollars. The authorized agent of the county in which the registration fee is imposed shall collect the fee and remit the fee to the authority. The authority shall apply the registration fees solely to the financing, construction, operation, or maintenance of regional transportation systems that are consistent with the expenditures specified in section 18 of article X of the state constitution.
(i.5) (I) Subject to the provisions of section 43-4-612, to impose, in all or any
designated portion of the members of the combination or of the members of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622, a visitor benefit tax on persons who purchase overnight rooms or accommodations; except that the authority shall not impose a visitor benefit tax on overnight rooms or accommodations that are in any territory:
(A) Outside the boundaries of the authority and within the boundaries of a
municipality as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of such municipality; or
(B) Outside the boundaries of the authority and within the unincorporated
boundaries of a county as the unincorporated boundaries of the county exist on the date the authority is created without the consent of the governing body of such county.
(II) The visitor benefit tax is in addition to any fee or tax imposed by the state
or any other governmental unit and a minimum of seventy-five percent of the net revenue derived from the tax shall be used by the authority solely to finance, construct, operate, and maintain regional transportation systems and provide incentives to overnight visitors to use public transportation.
(III) Notwithstanding the provisions of subparagraph (I) of this paragraph
(i.5), an authority may derive no more than one-half of its total revenues from the visitor benefit tax.
(IV) Any authority that imposes a visitor benefit tax shall give due
consideration to the transportation needs of persons who pay the visitor benefit tax on the purchase of overnight rooms or accommodations when constructing, operating, and maintaining regional transportation systems and shall ensure that such visitors have easy access to the regional transportation systems.
(V) The executive director of the department of revenue shall collect,
administer, and enforce the visitor benefit tax authorized by subsection (1)(i.5)(I) of this section pursuant to part 2 of article 2 of title 29. The department of revenue shall retain an amount not to exceed the cost of the collection, administration, and enforcement and shall transmit the amount to the state treasurer who shall credit the same to the regional transportation authority visitor benefit tax fund, which fund is hereby created. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of the provisions of this part 6. Any money remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such money, any money appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.
(j) (I) (A) Subject to the provisions of section 43-4-612, to levy, in all or any
designated portion of the members of the combination or of the members of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622, a sales or use tax, or both, at a rate not to exceed two percent upon every transaction or other incident with respect to which a sales or use tax is levied by the state; except that, if the authority includes territory that is within the regional transportation district created and existing pursuant to article 9 of title 32, a designated portion of the members of the combination or of the members of the transportation planning organization in which a new tax is levied must be composed of entire territories of members of the combination or of the members of the transportation planning organization so that the rate of tax imposed pursuant to this part 6 within the territory of any single member of the combination or of the members of the transportation planning organization is uniform and except that the authority shall not levy a sales or use tax on any transaction or other incident occurring in any territory located outside the boundaries of the authority and within the boundaries of a municipality as the boundaries of the municipality exist on the date the authority is created without the consent of the governing body of the municipality or outside the boundaries of the authority and within the unincorporated boundaries of a county as the unincorporated boundaries exist on the date the authority is created without the consent of the governing body of the county. Subject to the provisions of section 43-4-612, the authority may elect to levy any such sales or use tax at different rates in different designated portions of the members of the combination or of the members of the transportation planning organization; except that, if the authority includes territory that is within the regional transportation district, a designated portion of the members of the combination or of the members of the transportation planning organization in which a new tax is levied must be composed of entire territories of members of the combination or of the members of the transportation planning organization so that the rate of tax imposed pursuant to this part 6 within the territory of any single member of the combination or of the transportation planning organization is uniform. If the authority so elects, it shall submit a single ballot question that lists all of the different rates to the registered electors of all designated portions of the members of the combination or of the transportation planning organization in which the proposed sales or use tax is to be levied.
(B) The tax imposed pursuant to this subsection (1)(j) is in addition to any
other sales or use tax imposed pursuant to law. If a member of the combination or of the transportation planning organization is located within more than one authority, the sales or use tax, or both, authorized by this subsection (1)(j) shall not exceed two percent upon every transaction or other incident with respect to which a sales or use tax is levied by the state.
(C) The executive director of the department of revenue shall collect,
administer, and enforce the sales or use tax pursuant to part 2 of article 2 of title 29. The authority shall apply monthly distributions received from the department of revenue pursuant to section 29-2-207 solely to the financing, construction, operation, or maintenance of regional transportation systems.
(D) The department shall retain an amount not to exceed the total cost of
the collection, administration, and enforcement and shall transmit the amount to the state treasurer, who shall credit the same to the regional transportation authority sales tax fund, which fund is hereby created. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of this part 6. Any money remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such money, any money appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.
(II) A sales or use tax, or both, levied pursuant to subparagraph (I) of this
paragraph (j) shall not be levied on the sale of tangible personal property:
(A) Delivered by a retailer or a retailer's agent or to a common carrier for
delivery to a destination outside the authority;
(B) Upon which specific ownership tax has been paid or is payable if the
purchaser resides outside the boundaries of the authority or the purchaser's principal place of business is outside the boundaries of the authority and if the personal property is registered or required to be registered outside the boundaries of the authority; or
(C) Where such tangible personal property is a cigarette.
(j.5) (I) Subject to the provisions of section 43-4-612, to impose a uniform mill
levy of up to five mills on all taxable property within the territory of the authority. This subsection (1)(j.5) does not limit or affect the power of an authority to establish local improvement districts and impose special assessments as authorized by section 43-4-608.
(II) Repealed.
(k) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted by this part 6. The specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 6.
(l) To build, erect, alter, or repair structures for the purpose of housing
employees or contractors of an authority.
(2) (a) The board may include property within or exclude property from the
boundaries of the authority in the manner provided in this subsection (2). Property may not be included within the boundaries of the authority unless it is within the boundaries of the members of the combination or of the transportation planning organization exercising the powers of an authority as authorized by section 43-4-622 at the time of the inclusion. Property located within the boundaries of a municipality that is not a member of the combination or of the transportation planning organization as the boundaries of the municipality exist on the date the property is included may not be included without the consent of the governing body of the municipality, and property within the unincorporated boundaries of a county that is not a member of the combination or of the transportation planning organization as the unincorporated boundaries of the county exist on the date the property is included may not be included without the consent of the governing body of the county.
(b) (I) Prior to any inclusion in or exclusion of property from the boundaries of
the authority, the board shall cause notice of the proposed inclusion or exclusion to be published in a newspaper of general circulation within the boundaries of the authority and cause the notice to be mailed to the division, to the transportation commission, and to the owners of property to be included or excluded at the last-known address described for the owners in the real estate records of the county in which the property is located. The notice shall describe the property to be included in or excluded from the boundaries of the authority, shall specify the date, time, and place at which the board shall hold a public hearing on the proposed inclusion or exclusion, and shall state that persons having objections to the inclusion or exclusion may appear at the public hearing to object to the proposed inclusion or exclusion. The date of the public hearing contained in the notice shall be not less than twenty days after the mailing and publication of the notice. The board, at the time and place designated in the notice or at such times and places to which the hearing may be adjourned, shall hear all objections to the proposed inclusion or exclusion.
(II) The board, upon the affirmative vote of two-thirds of the directors of the
board, may adopt a resolution including or excluding all or any portion of the property described in the notice. Upon the adoption of the resolution, the property shall be included within or excluded from the boundaries of the authority as set forth in the resolution. The board may adopt the resolution without amending the contract required by section 43-4-603 (2). The board shall file the resolution with the director of the division, who shall cause the resolution to be recorded in the real estate records of each county having territory included in the boundaries of the authority.
(c) All property excluded from the authority shall thereafter be subject to
the revenue-raising powers of the authority only to the extent that the powers have been exercised by the authority against the property or activities occurring on the property prior to the exclusion and to the extent required to comply with agreements with the holders of bonds outstanding at the time of the exclusion. All property or activities occurring on the property included within the authority shall thereafter be subject to the revenue-raising powers of the authority. In no way will this section affect or increase property taxes in the affected territory or jurisdiction.
(3) Property included in an authority pursuant to this section is subject to the
same mill levies and other taxes levied or to be levied on other similarly situated property at the time the additional property is included. The newly included property is an addition to taxable real property, and the application of such levies and other taxes to the newly included property is not subject to the requirements of section 20 (4) of article X of the state constitution. This subsection (3) is intended to place newly included property and similarly situated existing property within an authority on an equal basis.
(4) The board, upon the affirmative vote of two-thirds of the directors of the
board, may determine the location of the regional transportation system.
(5) Any regional transportation system constructed by an authority under
this part 6 that is funded, in whole or in part, from the highway users tax fund and that may be reasonably expected to exceed one hundred fifty thousand dollars in the aggregate for any fiscal year shall be subject to the construction bidding provisions in part 7 of article 1 of title 29, C.R.S. If the state is involved in the construction of the regional transportation system, the construction bidding provisions in article 92 of title 24, C.R.S., shall apply. Nothing herein shall be construed to affect the ability of such entities to enter into design-build contracts under applicable state laws.
(6) In exercising any of the powers to impose taxes pursuant to subsection
(1) of this section, an authority shall, whenever possible, assess any such tax within the boundaries of existing taxing districts in order to reduce the administrative costs of the department of revenue.
Source: L. 97: Entire part added, p. 485, � 1, effective August 6. L. 2000:
(1)(i.5) added and (1)(j) and (2)(a) amended, p. 1175, � 3, effective August 2. L. 2005: (1)(d), (1)(f), (1)(i), (1)(i.5)(II), (1)(i.5)(IV), (1)(i.5)(V), (1)(j), (4), and (5) amended, p. 1061, � 5, effective January 1, 2006. L. 2007: (1)(j)(I) amended, p. 978, � 1, effective January 1, 2008. L. 2008: (1)(j)(I) amended, p. 993, � 16, effective August 5. L. 2009: (1)(j)(II) amended, (HB 09-1342), ch. 354, p. 1851, � 16, effective July 1; (1)(j.5) added, (HB 09-1034), ch. 127, p. 548, � 1, effective August 5. L. 2017: (1)(i) amended, (HB 17-1107), ch. 101, p. 376, � 33, effective August 9; (1)(j.5) amended, (HB 17-1018), ch. 2, p. 3, � 1, effective August 9. L. 2021: IP(1), (1)(f), (1)(i), IP(1)(i.5)(I), (1)(j)(I), and (2)(a) amended, (SB 21-260), ch. 250, p. 1433, � 39, effective June 17. L. 2022: (1)(i) amended, (SB 22-141), ch. 81, p. 399, � 2, effective August 10. L. 2023: (1)(j)(I) amended and (1)(j.5)(II) repealed, (HB 23-1101), ch. 132, p. 509, � 6, effective April 28. L. 2024: IP(1)(i.5)(I) and (1)(i.5)(III) amended, (SB 24-032), ch. 185, p. 1043, � 5, effective May 16; (1)(i.5)(V) and (1)(j)(I) amended, (SB 24-025), ch. 144, p. 583, � 53, effective July 1, 2025. L. 2025: (1)(l) added, (SB 25-272), ch. 314, p. 1645, � 3, effective May 30.
Cross references: For the legislative declaration contained in the 2005 act
amending subsections (1)(d), (1)(f), (1)(i), (1)(i.5)(II), (1)(i.5)(IV), (1)(i.5)(V), (1)(j), (4), and (5), see section 1 of chapter 269, Session Laws of Colorado 2005. For the legislative declaration in SB 21-260, see section 1 of chapter 250, Session Laws of Colorado 2021. For the legislative declaration in HB 23-1101, see section 1 of chapter 132, Session Laws of Colorado 2023.
C.R.S. § 44-30-1402
44-30-1402. Independent restoration and preservation commission - appointments - qualifications - new appointments - appointments without nominations. (1) Pursuant to section 44-30-1202 (5), the governing body of a city shall create an independent restoration and preservation commission. The governing body shall appoint seven members to the commission as follows:
(a) Two persons who are architects shall be appointed from nominees
submitted by the Colorado chapter of the American institute of architects or any successor organization.
(b) Two persons who are experts in historic preservation shall be appointed
from nominees submitted by the Colorado historical society.
(c) Two persons who shall each have a degree in either urban planning or
landscape architecture shall be appointed from nominees submitted by the Colorado chapter of the American planning association or any successor organization.
(d) One person who is a member of the community shall be appointed
directly by the governing body of the city.
(2) In making appointments to the commission, the governing body of the
city shall give due consideration to maintaining a balance of interests and skills in the composition of the commission and to the individual qualifications of the candidates, including their training, experience, and knowledge in the areas of architecture, landscape architecture, the history of the community, real estate, law, and urban planning.
(3) At any time that the term of office of a member of the commission is due
to expire or when a member resigns, the governing body of the city shall request at least two nominees for each opening from the appropriate entity listed in subsection (1) of this section; except that this requirement shall not apply to the member of the community appointed directly by the governing body. The governing body shall make the appointments from the appropriate list of nominations.
(4) If the nominations required to make appointments or to fill vacancies
have not been received by the governing body of the city within forty-five days after a written request for the required list has been sent to the nominating entity, the governing body may appoint members of the commission without nominations. However, the governing body shall give consideration to the qualifications of the appointee as if the appointee were nominated by the designated nominating entity.
(5) Members of the commission shall be appointed by and shall serve at the
pleasure of the governing body of the city. Each member shall continue to serve until the member's successor has been duly appointed pursuant to subsection (1) of this section and is acting, but the period shall not extend more than ninety days past the expiration of the first member's term. The governing body shall determine the length of terms and whether the terms are staggered.
Source: L. 2018: Entire article added with relocations, (SB 18-034), ch. 14, p.
234, � 2, effective October 1.
Editor's note: This section is similar to former � 12-47.1-1702 as it existed
prior to 2018.
C.R.S. § 5-1-202
5-1-202. Exclusions. (1) This code does not apply to:
(a) Extensions of credit to government or governmental agencies or
instrumentalities;
(b) Except as otherwise provided in article 4 of this title, the sale of
insurance if there is no legal obligation to pay installments of the premium and the insurance may terminate or be canceled after nonpayment of an installment of the premium;
(c) Transactions under public utility or common carrier tariffs if a subdivision
or agency of this state or of the United States regulates the charges for the services involved, the charges for delayed payment, and any discount allowed for early payment;
(d) (I) With respect to contracts for purchase entered into by a pawnbroker,
as the terms are defined in section 29-11.9-101, the rates and charges, and the disclosure of rates and charges, if the rates and charges do not exceed the fixed price permitted by section 29-11.9-101 (2). The exclusion in this subsection (1)(d)(I) applies to pawnbrokers who are:
(A) Licensed by a local licensing authority pursuant to section 29-11.9-102; or
(B) Regulated, with respect to rates and charges, by a local governing
authority pursuant to section 29-11.9-102.
(II) The exclusion in subparagraph (I) of this paragraph (d) also applies to
pawnbrokers authorized to make supervised loans under section 5-2-301 with respect to contracts for purchase; except that the exclusion does not apply to the disclosure of rates and charges of pawnbrokers authorized to make supervised loans.
(e) The disclosure of rates and charges in connection with transactions in
securities and commodities accounts by a broker-dealer registered with the securities and exchange commission;
(f) Loans made, originated, disbursed, serviced, or guaranteed by an agency,
instrumentality, or political subdivision of the state pursuant to article 3.1 of title 23, C.R.S.
Source: L. 2000: Entire article R&RE, p. 1182, � 1, effective July 1. L. 2012: IP(1)
and (1)(d) amended, (HB 12-1328), ch. 218, p. 936, � 1, effective August 8. L. 2017: (1)(d)(I) amended, (SB 17-228), ch. 246, p. 1041, � 4, effective August 9.
Editor's note: This section is similar to former � 5-1-202, as it existed prior to
2000.
Cross references: For regulation of insurance agents, brokers, and
representatives, see article 2 of title 10; for regulation of pawnbrokers, see article 11.9 of title 29; for regulation of securities brokers, see article 51 of title 11; for credit unions, see article 30 of title 11.
C.R.S. § 5-1-301
5-1-301. General definitions. In addition to definitions appearing in subsequent articles, as used in this code, unless the context otherwise requires:
(1) Actuarial method means the method, defined by rules promulgated by
the administrator in accordance with article 4 of title 24, C.R.S., of allocating payments made on a debt between the amount financed and finance charge pursuant to which a payment is applied first to the accumulated finance charge and the balance subtracted from, or any deficiency is added to, the unpaid balance of the amount financed.
(2) Administrator means the administrator designated in section 5-6-103.
(3) Agreement means the bargain of the parties in fact as found in their
language or by implication from other circumstances including course of dealing or usage of trade or course of performance.
(4) Agricultural purpose means a purpose related to the production,
harvest, exhibition, marketing, transportation, processing, or manufacture of agricultural products by a natural person who cultivates, plants, propagates, or nurtures the agricultural products. Agricultural products includes agricultural, horticultural, viticultural, and dairy products, livestock, wildlife, poultry, bees, forest products, fish and shellfish, and any products thereof, including processed and manufactured products, and any and all products raised or produced on farms and any processed or manufactured products thereof.
(5) Amount financed means the total of the following items to the extent
that payment is deferred:
(a) In the case of a sale:
(I) The cash price of the goods, services, or interest in land, less the amount
of any down payment whether made in cash or in property traded in; and
(II) The amount actually paid or to be paid by the seller pursuant to an
agreement with the buyer to discharge a security interest in or a lien on property traded in;
(b) In the case of a loan:
(I) The net amount paid to, receivable by, or paid or payable for the account
of the debtor; and
(II) The amount of any discount excluded from the finance charge described
in paragraph (c) of subsection (20) of this section; and
(c) In the case of a sale or loan, to the extent that payment is deferred and
the amount is not otherwise included in the cash price:
(I) Any applicable sales, use, excise, or documentary stamp taxes;
(II) Amounts actually paid or to be paid by the creditor for registration,
certificate of title, or license fees; and
(III) Additional charges permitted by this code described in section 5-2-202.
(6) Business day means any calendar day except Sunday, New Year's day,
the third Monday in January observed as the birthday of Dr. Martin Luther King, Jr., Washington-Lincoln day, Memorial day, Juneteenth, Independence day, Labor day, Frances Xavier Cabrini day, Veterans' day, Thanksgiving day, and Christmas day.
(7) (a) Cash price means, except as the administrator may otherwise
prescribe by rule promulgated in accordance with article 4 of title 24, C.R.S., the price at which goods, services, or an interest in land is offered for sale by the seller to cash buyers in the ordinary course of business and may include the cash price of accessories or related services such as delivery, installation, servicing, repairs, alterations, modifications, and improvements and, if individually itemized, may also include:
(I) Applicable sales, use, and excise and documentary stamp taxes; and
(II) Amounts actually paid or to be paid by the seller for registration,
certificate of title, or license fees.
(b) The cash price stated by the seller to the buyer pursuant to the provisions
on disclosure contained in section 5-3-101 is presumed to be the cash price.
(8) Closing costs with respect to a debt secured by an interest in land
includes:
(a) Fees or premiums for title examination, title insurance, or similar
purposes including surveys;
(b) Fees for preparation of a deed, settlement statement, or other
documents;
(c) Escrows for future payments of taxes and insurance;
(d) Fees for notarizing deeds and other documents;
(e) Appraisal fees; and
(f) Credit reports.
(9) Conspicuous means a term or clause that is so written that a
reasonable person against whom it is to operate ought to have noticed it. Whether a term or clause is conspicuous or not is for decision by the court. A printed heading in capitals (as: WARRANTY) is conspicuous, and language in the body of the form is conspicuous if it is in larger or other contrasting type or color. In a telegram, any stated term is conspicuous.
(10) Consumer means a person other than an organization who is the buyer,
lessee, or debtor to whom credit is granted in a consumer credit transaction.
(11) (a) Consumer credit sale means, except as provided in paragraph (b) of
this subsection (11), a sale of goods, services, a mobile home, or an interest in land in which:
(I) Credit is granted or arranged by a person who regularly engages as a
seller in credit transactions of the same kind or pursuant to a seller credit card;
(II) The buyer is a person other than an organization;
(III) The goods, services, mobile home, or interest in land are purchased
primarily for a personal, family, or household purpose;
(IV) Either the debt is by written agreement payable in installments or a
finance charge is made; and
(V) With respect to a sale of goods or services, the amount financed does not
exceed seventy-five thousand dollars.
(a.5) Consumer credit sale includes the recoverable expense of educating
and training a worker pursuant to section 8-2-113 (3)(a).
(b) Unless the sale is made subject to this code by section 5-2-501,
consumer credit sale does not include:
(I) A sale in which the seller allows the buyer to purchase goods or services
pursuant to a lender credit card or similar arrangement;
(II) (A) Except as required by the federal Truth in Lending Act or the federal
Consumer Leasing Act with respect to disclosure contained in section 5-3-101 and consumers' remedies for transactions secured by interests in land as contained in section 5-5-204, a sale of a mobile home or a sale of an interest in land if the finance charge does not exceed twelve percent per year calculated according to the actuarial method on the unpaid balances of the amount financed on the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term or, notwithstanding the rate of the finance charge with respect to the sale of an interest in land, the sale is secured by a first mortgage or deed of trust lien against a dwelling to finance the acquisition of that dwelling.
(B) For the purposes of this subparagraph (II), dwelling means any
improved real property or portion thereof that is used or intended to be used as a residence and contains not more than four dwelling units, and first mortgage or deed of trust means a mortgage or deed of trust having priority as a lien over the lien of any other mortgage or deed of trust on the same dwelling and subject to the lien of taxes levied on that dwelling.
(III) A sale for a business, investment, or commercial purpose; or
(IV) A sale primarily for an agricultural purpose.
(12) Consumer credit transaction means a consumer credit sale or
consumer loan, or a refinancing or consolidation thereof, or a consumer lease.
(13) Consumer insurance premium loan means a consumer loan that:
(a) Is made for the sole purpose of financing the payment by or on behalf of
an insured of the premium on one or more policies or contracts issued by or on behalf of an insurer;
(b) Is secured by an assignment by the insured to the lender of the unearned
premium on the policy or contract; and
(c) Contains an authorization to cancel the policy or contract so financed.
(14) (a) Consumer lease means a lease of goods and includes any insurance
incidental to the lease and any other services merely incidental to upkeep or repair of the goods:
(I) That a lessor regularly engaged in the business of leasing makes to a
person, other than an organization, who takes under the lease primarily for a personal, family, or household purpose;
(II) In which the amount payable under the lease does not exceed seventy-five thousand dollars; and
(III) That is for a term exceeding four months.
(b) Consumer lease does not include a lease made pursuant to a lender
credit card or similar arrangement.
(15) (a) Except as provided in paragraph (b) of this subsection (15) and except
with respect to a loan primarily secured by an interest in land as defined in subsection (26) of this section, consumer loan means a loan made or arranged by a person regularly engaged in the business of making loans in which:
(I) The consumer is a person other than an organization;
(II) The debt is incurred primarily for a personal, family, or household
purpose;
(III) Either the debt is by written agreement payable in installments or a
finance charge is made; and
(IV) Either the principal does not exceed seventy-five thousand dollars or the
debt is secured by an interest in land.
(a.5) Consumer loan includes the recoverable expense of educating and
training a worker pursuant to section 8-2-113 (3)(a).
(b) Unless the loan is made subject to this code by an agreement described
in section 5-2-501, consumer loan does not include:
(I) A loan for a business, investment, or commercial purpose;
(II) A loan primarily for an agricultural purpose; or
(III) A reverse mortgage as defined in section 11-38-102, C.R.S.
(c) Unless the loan is made subject to this code by an agreement described
in section 5-2-501 and except as provided with respect to the disclosure described in section 5-3-101, consumers' remedies for transactions secured by interests in land as described in section 5-5-204, and powers and functions of the administrator under part 1 of article 6 of this title, consumer loan does not include a loan primarily secured by an interest in land as defined in subsection (26) of this section.
(16) Credit means the right granted by a creditor to a consumer to defer
payment of debt or to incur debt and defer its payment.
(16.5) Credit card means a lender credit card or a seller credit card, except
as otherwise provided in this code.
(17) Creditor means the seller, lessor, lender, or person who makes or
arranges a consumer credit transaction and to whom the transaction is initially payable, or the assignee of a creditor's right to payment, but use of the term does not in itself impose on an assignee any obligation of his or her assignor. In case of credit granted pursuant to a credit card, creditor means the card issuer and not another person honoring the credit card.
(18) Dwelling means a residential structure or mobile home that contains
one to four family housing units or individual units of condominiums or cooperatives.
(19) Earnings means compensation paid or payable to an individual or for
the individual's account for personal services rendered or to be rendered by the individual, whether denominated as wages, salary, fees, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension, retirement, or disability program.
(20) Finance charge means:
(a) The sum of all charges payable directly or indirectly by the consumer and
imposed directly or indirectly by the creditor as an incident to or as a condition of the extension of credit, whether paid or payable by the consumer, the creditor, or any other person on behalf of the consumer to the creditor or to a third party, including any of the following types of charges that are applicable:
(I) Interest or any amount payable under a point, discount, or other system of
charges, however denominated;
(II) Time-price differential, credit service, service, carrying, or other charge,
however denominated;
(III) Premium, or other charge for any guarantee or insurance protecting the
creditor against the consumer's default or other credit loss; and
(IV) Charges incurred for investigating the collateral or credit-worthiness of
the consumer or for commissions or brokerage for obtaining the credit.
(b) The term does not include charges as a result of default described in
section 5-3-302, additional charges described in section 5-2-202, delinquency charges described in section 5-2-203, or deferral charges described in section 5-2-204.
(c) If a creditor makes a loan to a consumer by purchasing or satisfying
obligations of the consumer pursuant to a credit card or similar arrangement and the purchase or satisfaction is made at less than the face amount of the obligation, the discount is not part of the finance charge.
(21) Goods includes goods not in existence at the time the transaction is
entered into and merchandise certificates but excludes money, chattel paper, documents of title, and instruments.
(22) Investment purpose means that the primary purpose of the credit sale
or loan is for future financial gain rather than for a present personal, family, or household use.
(23) Lender includes an assignee of the lender's right to payment, unless
otherwise provided in this code, but use of the term does not in itself impose on an assignee any obligation of the lender with respect to events occurring before the assignment.
(24) Lender credit card or similar arrangement means an arrangement or
loan agreement, other than a seller credit card, pursuant to which a lender gives a consumer the privilege of using a credit card, letter of credit, or other credit confirmation or identification in transactions out of which debt arises:
(a) By the lender's honoring a draft or similar order for the payment of money
drawn or accepted by the consumer;
(b) By the lender's payment or agreement to pay the consumer's obligations;
or
(c) By the lender's purchase from the obligee of the consumer's obligations.
(25) Loan includes:
(a) Except as otherwise provided in paragraph (b) of this subsection (25):
(I) The creation of debt by the lender's payment of or agreement to pay
money to the consumer or to a third party for the account of the consumer;
(II) The creation of debt by a credit to an account with the lender upon which
the consumer is entitled to draw immediately;
(III) The creation of debt pursuant to a lender credit card in any manner,
including a cash advance or the card issuer's honoring a draft or similar order for the payment of money drawn or accepted by the consumer, paying or agreeing to pay the consumer's obligation, or purchasing or otherwise acquiring the consumer's obligation from the obligee or his or her assignees;
(IV) The forbearance of debt arising from a loan; and
(V) The creation of debt by a cash advance to a consumer pursuant to a
seller credit card.
(b) Loan does not include:
(I) A card issuer's payment or agreement to pay money to a third person for
the account of a consumer if the debt of the consumer arises from a sale or lease and results from use of a seller credit card; or
(II) The forbearance of debt arising from a sale or lease.
(26) (a) Loan primarily secured by an interest in land means a consumer
loan secured by a mobile home or primarily secured by an interest in land if, at the time the loan is made the value of the collateral is substantial in relation to the amount of the loan, and:
(I) The rate of the finance charge does not exceed twelve percent per year
calculated according to the actuarial method on the unpaid balances of the principal on the assumption that the debt will be paid according to the agreed terms and will not be paid before the end of the agreed term; or
(II) Notwithstanding the rate of the finance charge, and other than a
precomputed loan as defined in subsection (35) of this section, the loan is secured by a first mortgage or deed of trust lien against a dwelling to:
(A) Finance the acquisition of that dwelling; or
(B) To refinance, by amendment, payoff, or otherwise, an existing loan made
to finance the acquisition of that dwelling, including a refinance loan providing additional sums for any purpose whether or not related to acquisition or construction.
(b) As to any refinance loan in the form of a revolving loan account that is in
whole or in part for purposes other than acquisition or construction, section 5-3-103 shall apply.
(c) With respect to loans secured by a first mortgage or deed of trust lien
against a dwelling to refinance an existing loan to finance the acquisition of the dwelling and providing additional sums for any other purpose that are not subject to this code pursuant to paragraph (a) of this subsection (26), the lender shall disclose to the consumer that the refinance loan creates a lien against the dwelling or property and that the limits set forth in section 5-5-112 on the amount of attorney fees that a lender may charge the consumer are not applicable.
(d) For purposes of this subsection (26):
(I) A loan secured by a first mortgage or deed of trust lien against a
dwelling to finance the acquisition of the dwelling includes a loan secured by a first mortgage or deed of trust lien against a dwelling to finance the original construction of such dwelling or to refinance any such construction loan;
(II) Dwelling means any improved real property, or portion thereof, that is
used or intended to be used as a residence and contains not more than four dwelling units; and
(III) First mortgage or deed of trust means a mortgage or deed of trust
having priority as a lien over the lien of any other mortgage or deed of trust on the same dwelling and subject to the lien of taxes levied on that dwelling.
(27) Material disclosures means the disclosure, as required by this code, of
the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments, and the due dates or periods of payments scheduled to repay the indebtedness.
(28) Merchandise certificate means a writing not redeemable in cash and
usable in its face amount in lieu of cash in exchange for goods or services.
(29) Mobile home means a dwelling that is built on a chassis designed for
long-term residential occupancy, that is capable of being installed in a permanent or semi-permanent location, with or without a permanent foundation, and with major appliances and plumbing, gas, and electrical systems installed but needing the appropriate connections to make them operable, and that may be occasionally drawn over the public highways, by special permit, as a unit or in sections to its permanent or semi-permanent location.
(30) Official fees means:
(a) Fees and charges prescribed by law that actually are or will be paid to
public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest related to a consumer credit transaction; or
(b) Premiums payable for insurance in lieu of perfecting a security interest
otherwise required by the creditor in connection with the consumer credit transaction if the premium does not exceed the fees and charges described in paragraph (a) of this subsection (30) that would otherwise be payable.
(31) Organization means a corporation, limited liability company,
government or governmental subdivision or agency, trust, estate, partnership, limited liability partnership, cooperative, or association.
(32) Payable in installments means that payment is required or permitted
by agreement to be made in more than four periodic payments, excluding a down payment. If any periodic payment other than the down payment under an agreement requiring or permitting two or more periodic payments is more than twice the amount of any other periodic payment, excluding the down payment, the consumer credit transaction is payable in installments.
(33) Person includes a natural person or an individual and an organization.
(34) (a) Person related to means, with respect to an individual, the spouse
of the individual; a brother, brother-in-law, sister, or sister-in-law of the individual; an ancestor or lineal descendant of the individual or the individual's spouse; and any other relative, by blood or marriage, of the individual or the individual's spouse who shares the same home with the individual.
(b) Person related to means, with respect to an organization, a person
directly or indirectly controlling, controlled by, or under common control with the organization; an officer or director of the organization or a person performing similar functions with respect to the organization or to a person related to the organization; the spouse of a person related to the organization; and a relative by blood or marriage of a person related to the organization who shares the same home with such person.
(35) Precomputed means a consumer credit sale or consumer loan in which
the debt is expressed as a sum comprising the amount financed and the amount of the finance charge computed in advance or in which any portion of the finance charge is prepaid and the amount of that portion of the finance charge either computed in advance or prepaid constitutes more than one-half of the total finance charge applicable to the consumer credit sale or consumer loan.
(36) Presumed or presumption means that the trier of fact must find the
existence of the fact presumed unless and until evidence is introduced that would support a finding of its nonexistence.
(37) Regularly has the same meaning as stated in the federal Truth in
Lending Act and the federal Consumer Leasing Act.
(38) Revolving credit means an arrangement pursuant to which:
(a) A creditor may permit a consumer, from time to time, to purchase or lease
on credit from the creditor or to obtain loans from the creditor;
(b) The amounts financed and the finance and other appropriate charges are
debited to an account;
(c) The finance charge, if made, is computed on the account periodically; and
(d) Either the consumer has the privilege of paying in full or in installments
or the creditor periodically imposes charges computed on the account for delaying payment and permits the consumer to continue to purchase or lease on credit.
(39) Sale of goods includes any agreement in the form of a bailment or
lease of goods if the bailee or lessee agrees to pay as compensation for use a sum substantially equivalent to or in excess of the aggregate value of the goods involved and it is agreed that the bailee or lessee will become, or for no other or a nominal consideration has the option to become, the owner of the goods upon full compliance with his or her obligations under the agreement.
(40) Sale of an interest in land includes a lease in which the lessee has an
option to purchase the interest and all or a substantial part of the rental or other payments previously made by him are applied to the purchase price.
(41) Sale of services means furnishing or agreeing to furnish services and
includes making arrangements to have services furnished by another.
(42) Seller, except as otherwise provided, includes an assignee of the
seller's right to payment, but use of the term does not in itself impose on an assignee any obligation of the seller with respect to events occurring before the assignment.
(43) Seller credit card means an arrangement pursuant to which a person
gives to a buyer or lessee the privilege of using a credit card, letter of credit, or other credit confirmation or identification primarily for the purpose of purchasing or leasing goods or services from that person or from that person and any other person.
(44) Services includes:
(a) Work, labor, and other personal services;
(b) Privileges with respect to transportation, hotel and restaurant
accommodations, education, entertainment, recreation, physical culture, hospital accommodations, funerals, cemetery accommodations, and the like; and
(c) Insurance provided by a person other than the insurer.
(45) Supervised financial organization means a person, other than an
insurance company or other organization primarily engaged in an insurance business:
(a) Organized, chartered, or holding an authorization certificate under the
laws of any state or of the United States that authorize the person to make loans and to receive deposits, including a savings, share, certificate, or deposit account; and
(b) Subject to supervision by an official or agency of any state or of the
United States.
(46) Supervised lender means a person authorized to make or take
assignments of supervised loans under a license issued by the administrator or as a supervised financial organization.
(47) Supervised loan means a consumer loan, including a loan made
pursuant to a revolving credit account, in which the rate of the finance charge exceeds twelve percent per year as determined according to the provisions on finance charges contained in section 5-2-201.
(48) Written or in writing means any record conveying information and
that is in a form the consumer may retain, or is capable of being displayed in visual text in a form the consumer may retain, including paper, electronic, digital, magnetic, optical, and electromagnetic.
Source: L. 2000: Entire article R&RE, p. 1183, � 1, effective July 1; (17)
amended, p. 443, � 2, effective July 1. L. 2001: (1), (5)(b)(II), (15)(a)(III), and (26)(c) amended, p. 27, � 1, effective March 9. L. 2003: (16.5) added, p. 1892, � 1, effective July 1. L. 2004: (11)(b)(II)(A) and (15)(c) amended, p. 1187, � 6, effective August 4. L. 2020: (6) amended, (HB 20-1031), ch. 43, p. 143, � 3, effective September 14. L. 2022: (6) amended, (SB 22-139), ch. 149, p. 958, � 2, effective May 2. L. 2024: (11)(a.5) and (15)(a.5) added, (HB 24-1324), ch. 316, p. 2119, � 1, effective August 7.
Editor's note: (1) This section is similar to former � 5-1-301, as it existed prior
to 2000.
(2) Subsection (17) was amended in Senate Bill 00-144. Those amendments
were duplicated in � 5-1-301 (45)(a) as contained in the repeal and reenactment of article 1 of title 5 by House Bill 00-1185.
Cross references: (1) For additional definitions of the days under subsection
(6) of this section, see � 24-11-101.
(2) For the definitions and federal statutory cites of the Truth in Lending
Act and the Consumer Leasing Act, see � 5-1-302.
(3) For the legislative declaration in HB 20-1031, see section 1 of chapter 43,
Session Laws of Colorado 2020. For the legislative declaration in SB 22-139, see section 1 of chapter 149, Session Laws of Colorado 2022.
C.R.S. § 5-12-105
5-12-105. Interest upon foreclosure. In all cases where real estate shall be sold under execution or by virtue of the foreclosure of any mortgage, deed of trust, or other lien, the indebtedness and costs for which any certificate of purchase may issue shall bear interest at the rate specified in the original instrument.
Source: L. 71: R&RE, p. 852, � 1. C.R.S. 1963: � 73-12-105.
C.R.S. § 5-18-107
5-18-107. Credit scoring related to the extension of credit secured by a dwelling - definition. (1) In connection with an application for an extension of credit for a consumer purpose that is to be secured by a dwelling, the consumer reporting agency shall, upon the written request of the consumer, contained either in the application for an extension of credit or in a separate document, disclose to the consumer the following:
(a) The consumer's current credit score or the most recent credit score of
the consumer that was previously calculated by the consumer reporting agency;
(b) The range of possible credit scores under the model used;
(c) The key factors, if any, not to exceed four, that adversely affected the
credit score of the consumer in the model used;
(d) The date on which the credit score was created; and
(e) The name of the person or entity that provided the credit score or the
credit file on the basis of which the credit score was created.
(2) (a) Nothing in subsection (1) of this section shall be construed to compel a
consumer reporting agency to develop or disclose a credit score if the agency does not:
(I) Distribute scores that are used in connection with extensions of credit
secured by residential real estate; or
(II) Develop credit scores that assist creditors in understanding the general
credit behavior of the consumer and predicting future credit behavior.
(b) Nothing in subsection (1) of this section shall be construed to require a
consumer reporting agency that distributes credit scores developed by another person or entity to provide further explanation of those scores or to process a dispute that may arise about information; except that the consumer reporting agency shall be required to provide to the consumer the name of, and current contact information for, the person or entity that developed the score or developed the methodology for the score.
(c) Nothing in subsection (1) of this section shall be construed to require a
consumer reporting agency to maintain credit scores in its files.
(d) Nothing in subsection (3) of this section shall be construed to compel
disclosures of a credit score except upon specific request of a consumer. If a consumer requests a credit file and not the credit score, then the consumer shall be provided with the credit file together with a statement that the consumer may request and obtain a credit score.
(3) Pursuant to subsection (1) of this section, a consumer reporting agency
shall supply to a consumer:
(a) A credit score that is derived from a credit scoring model that is widely
distributed to users of credit scores by that consumer reporting agency in connection with any extension of credit secured by a dwelling; or
(b) A credit score accompanied by information specifically required to be
disclosed pursuant to subsection (1) of this section that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about future credit behavior.
(4) For purposes of this section, credit score means a numerical value or a
categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. The numerical value or the categorization derived from this analysis may also be referred to as a risk predictor or risk score. Credit score does not include any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including, but not limited to, the loan value ratio, the amount of down payment, or a consumer's financial assets. Credit score does not include other elements of the underwriting process or underwriting decision.
(5) Notwithstanding any other provision of this article 18 to the contrary, a
consumer reporting agency may charge a reasonable fee for disclosing a credit score.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260,
p. 1118, � 3, effective August 9.
Editor's note: This section is similar to former � 12-14.3-104.3 as it existed
prior to 2017.
C.R.S. § 5-2-303
5-2-303. Denial and discipline of license. (1) The administrator may deny an application for a license or take disciplinary action against a person licensed to make supervised loans if the administrator finds that:
(a) The applicant or licensee has violated this code or any rule or order
lawfully made pursuant thereto;
(b) Facts or conditions exist that would clearly have justified the
administrator in refusing to grant a license had these facts or conditions been known to exist at the time the application for the license was made;
(c) The applicant has failed to complete an application for licensure;
(d) The applicant or licensee has failed to provide information required by
the administrator within a reasonable time as fixed by the administrator;
(e) The applicant or licensee has failed to provide or maintain proof of
financial responsibility;
(f) The applicant or licensee is insolvent;
(g) The applicant or licensee has made, in any document or statement filed
with the administrator, a false representation of a material fact or has omitted to state a material fact;
(h) The applicant, licensee, or its owners, partners, members, officers, or
directors have been convicted of or entered a plea of guilty or nolo contendere to a crime specified in part 4 of article 4 of title 18, C.R.S., or in part 1, 2, 3, 5, or 7 of article 5 of title 18, C.R.S., to a crime involving fraud or deceit, or to any similar crime under the jurisdiction of any federal court or court of another state;
(i) The applicant or licensee has failed to make, maintain, or produce records
which comply with section 5-2-304 and any regulation adopted by the administrator;
(j) The applicant or licensee has been the subject of any disciplinary action
by any state or federal agency;
(k) A final judgment has been entered against the applicant or licensee for
violations of this code, any state or federal law concerning consumer finance, banking, or mortgage brokers or lenders, or any state or federal law prohibiting deceptive or unfair trade or business practices; or
(l) The applicant or licensee has failed to, in a timely manner as fixed by the
administrator, take or provide proof of the corrective action required by the administrator subsequent to an examination or investigation pursuant to section 5-2-305 or 5-6-106.
(2) The administrator may summarily suspend a license as provided in
section 24-4-104, C.R.S.
(3) Whenever the administrator denies a license application or takes
disciplinary action pursuant to this section, the administrator shall enter an order to that effect and notify the licensee or applicant of the denial or disciplinary action. The notification required by this subsection (3) shall be given by personal service or by mail to the last-known address of the licensee or applicant as shown on the application, license, or as subsequently furnished in writing to the administrator.
(4) Any person holding a license to make supervised loans may relinquish the
license by notifying the administrator in writing of its relinquishment. The revocation, suspension, expiration, or relinquishment of a license shall not affect the licensee's liability for acts previously committed nor impair the administrator's ability to issue a final agency order or impose discipline against the licensee.
(5) No revocation, suspension, or relinquishment of a license shall impair or
affect the obligation of any preexisting lawful contract between the licensee and any consumer.
(6) The administrator may reinstate a license, terminate a suspension, or
grant a new license to a person whose license has been revoked or suspended if no fact or condition then exists that clearly would have justified the administrator in refusing to grant a license.
(7) After a finding of one or more of the conditions stated in subsection (1) of
this section, the administrator may take any or all of the following actions:
(a) Deny an application for licensure including an application for a branch
office license;
(b) Revoke the license;
(c) Suspend the license for a period of time;
(d) Issue an order to the licensee to cease and desist from such acts;
(e) Order the licensee to make refunds to consumers of excess charges
under this code;
(f) Impose penalties of up to a maximum of one thousand dollars for each
violation all or part of which may be specifically designated for consumer and creditor educational expenses;
(g) Bar the person from applying for or holding a license for a period of five
years following revocation of his or her license;
(h) Issue a letter of admonition; or
(i) Impose a penalty of two hundred dollars per day for failure to make,
produce, or retain records required to be maintained under this code within forty-eight hours after the administrator's written demand. If the administrator has provided advance written notice of forty-eight hours or more to a licensee prior to conducting an examination pursuant to section 5-2-305, the penalty may be imposed without allowing additional time.
(8) The discipline stated in paragraphs (h) and (i) of subsection (7) of this
section may be imposed without a hearing, but the licensee may, within thirty days thereafter, file with the administrator a written notice requesting a hearing. If such request is timely made, the letter of admonition shall be deemed vacated and a hearing shall be held. If, after such hearing, there is a finding that one or more of the grounds for discipline exist, any or all of the forms of discipline listed in this section may be imposed.
Source: L. 2000: Entire article R&RE, p. 1209, � 1, effective July 1. L. 2003: (4)
amended, p. 1892, � 3, effective July 1.
Editor's note: This section is similar to former �� 5-3-503 and 5-3-504, as
they existed prior to 2000.
C.R.S. § 5-2-309
5-2-309. Conduct of business other than making loans. A supervised lender may not carry on any other business for the purpose of evasion or violation of this code nor may the supervised lender extend credit on the condition or requirement that the consumer obtain additional credit, goods, or services from the supervised lender or a person related to the supervised lender unless otherwise permitted by law.
Source: L. 2000: Entire article R&RE, p. 1213, � 1, effective July 1.
Editor's note: This section is similar to former � 5-3-512, as it existed prior to
2000.
Cross references: For regulation of pawnbrokers, see article 11.9 of title 29.
C.R.S. § 5-21-103
5-21-103. Definitions. As used in this article 21, unless the context otherwise requires:
(1) Administrator means the administrator of the Uniform Consumer Credit
Code, articles 1 to 9 of this title 5, designated pursuant to section 5-6-103.
(2) Borrower means an individual obligated to repay a residential mortgage
loan.
(3) Loans held for sale means loans originated and held for sale for up to
three hundred sixty-four days after each loan's origination.
(4) Mortgage servicer means a person, wherever located, that is
responsible for servicing a Colorado residential mortgage loan. A mortgage servicer includes a person that makes payments to a borrower under a reverse mortgage as defined in section 11-38-102 (4). A mortgage servicer does not include:
(a) A supervised financial organization as defined in section 5-1-301 (45);
(b) A mortgage loan originator regulated by the division of real estate or as
defined in section 12-10-702 (14)(a) or a mortgage company regulated by the division of real estate or as defined in section 12-10-702 (12); except that a mortgage loan originator or mortgage company that also services a residential mortgage loan is a mortgage servicer;
(c) A federal agency or department;
(d) A collection agency as defined in section 5-16-103 (3) that is licensed
pursuant to section 5-16-120 or is exempt from licensure under section 5-16-103 (3)(e) and whose mortgage debt collection business involves collection of residential mortgage loans obtained by the collection agency after default; except that a collection agency that also services residential mortgage loans assigned to the collection agency before default is a mortgage servicer;
(e) An agency, instrumentality, or political subdivision of this state;
(f) A supervised lender as defined in section 5-1-301 (46); except that a
supervised lender, other than a supervised financial organization as defined in section 5-1-301 (45), that also services residential mortgage loans is a mortgage servicer;
(g) A small servicer that services fewer than five thousand residential
mortgage loans in any calendar year, exclusive of loans held for sale, as determined by the administrator, who shall apply the criteria in 12 CFR 1026.41 (e)(4)(iii) or any successor regulation;
(h) A person that the administrator designates by rule or order as exempt.
These exemptions are limited to nonprofit organizations, government agencies, or other entities whose primary business is not to service mortgages and that seek to promote affordable housing or financing.
(i) An originator or servicer that utilizes a subservicer to carry out the
administrative functions of servicing a mortgage unless the subservicer is acting at the direction of the originator or servicer; or
(j) A person that services loans held for sale.
(5) Notifier means a person required to notify the administrator of the
person's activities as a mortgage servicer pursuant to this article 21.
(6) 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.
(7) Residential mortgage loan means a loan that is primarily for personal,
family, or household use and that is secured by a mortgage, deed of trust, or other equivalent, consensual security interest on a dwelling or residential real property upon which is constructed or intended to be constructed a dwelling as defined by section 5-1-301 (18).
(8) Servicing means receiving any scheduled periodic payments from a
borrower pursuant to the terms of a residential mortgage loan, including amounts for escrow accounts, and making the payments to the owner of the loan or other third parties of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the residential mortgage servicing loan documents or servicing contract. In the case of a reverse mortgage, servicing includes making payments to the borrower.
Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3436, � 1,
effective January 1, 2022.
C.R.S. § 5-21-107
5-21-107. Federal laws. (1) A mortgage servicer shall comply with all federal laws and regulations applicable to mortgage servicers for their mortgage servicing activities, including:
(a) The federal Real Estate Settlement Procedures Act of 1974, 12 U.S.C.
sec. 2601 et seq., as amended; and
(b) The Truth in Lending Act, 15 U.S.C. sec. 1601 et seq., as amended.
(2) In addition to any other remedies provided by law, a violation of any
federal law or regulation that is covered by subsection (1) of this section shall be deemed a violation of this article 21.
(3) All financial responsibility requirements of this article 21 shall be
presumed to be met if a mortgage servicer is currently approved to service loans by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, or Government National Mortgage Association or if it meets prudential standards established by the Conference of State Bank Supervisors.
Source: L. 2021: Entire article added, (HB 21-1282), ch. 482, p. 3439, � 1,
effective January 1, 2022.
C.R.S. § 5-3-106
5-3-106. Disclosures for real estate secured consumer credit transactions. (1) With respect to a real estate secured consumer credit transaction payable in installments, other than one pursuant to a revolving credit account, if the creditor credits payments made after the due date as of the date of receipt rather than the date payment was due, the creditor must clearly and conspicuously disclose to the consumer at or before the time that credit is extended the effect of untimely payments using language in substantially the following form:
The dollar amount of the finance charge disclosed to you for this credit transaction is based upon your payments being received by the creditor on the date payments are due. If your payments are received after the due date, even if received before the date a late fee applies, you may owe additional and substantial money at the end of the credit transaction and there may be little or no reduction of principal. This is due to the accrual of daily interest until a payment is received.
(2) A creditor that makes or arranges for extensions of consumer loans
secured by a dwelling and that uses credit scores for that purpose shall, upon request of the consumer, provide to the consumer to whom the credit report relates, as soon as practicable and reasonable, but in a period not to exceed thirty days, a copy of the information specifically required to be disclosed pursuant to section 5-18-107 (1) in a form obtained from a consumer reporting agency as defined in section 5-18-103 (4). The creditor may charge a reasonable fee for making such information available to the consumer and such charge shall be an additional charge within the meaning of section 5-2-202 and not part of the finance charge.
(3) (a) Nothing in subsection (2) of this section shall require the creditor to:
(I) Explain to the consumer the information specifically required to be
disclosed pursuant to section 5-18-107 (1);
(II) Disclose any information other than the information required pursuant to
subsection (2) of this section;
(III) Disclose any credit score or related information obtained by the creditor
after the transaction occurs; or
(IV) Provide more than one disclosure to any one consumer per credit
transaction.
(b) The creditor's obligation pursuant to subsection (2) of this section and
this subsection (3) shall be limited to providing a copy of the information that was received from a consumer reporting agency, as defined in section 5-18-103 (4). A creditor who uses a credit score has no liability under this subsection (3) or subsection (2) of this section for the content of the credit score information received from a consumer reporting agency or from the omission of any information within the report provided by the consumer reporting agency.
Source: L. 2000: Entire article R&RE, p. 1217, � 1, effective July 1. L. 2001:
Entire section amended, p. 28, � 5, effective March 9. L. 2002: Entire section amended, p. 647, � 3, effective July 1, 2003. L. 2003: (1) amended, p. 1893, � 5, effective July 1. L. 2017: (2), (3)(a)(I), and (3)(b) amended, (HB 17-1238), ch. 260, p. 1170, � 7, effective August 9.
Editor's note: Although this section was effective July 1, 2000, section 5 of
chapter 265, Session Laws of Colorado 2000, provides that the disclosures described in this section are effective January 1, 2001.
C.R.S. § 5-3-502
5-3-502. Form of insurance premium loan agreement. An agreement pursuant to which a consumer insurance premium loan is made shall contain the names of the insurance agent or broker negotiating each policy or contract and of the insurer issuing each policy or contract, the number and inception date of and premium for each policy or contract, the date on which the term of the loan begins, and a clear and conspicuous notice that each policy or contract may be canceled if payment is not made in accordance with the agreement. If a policy or contract has not been issued by the time the agreement is signed, the agreement may provide that the insurance agent or broker may insert the appropriate information in the agreement and, if he or she does so, shall furnish the information promptly in writing to the insured.
Source: L. 2000: Entire article R&RE, p. 1224, � 1, effective July 1.
Editor's note: This section is similar to former � 5-7-102, as it existed prior to
2000.
C.R.S. § 5-3-503
5-3-503. Notice of cancellation. If a default exists on a consumer insurance premium loan and any right to cure that exists has expired without cure being effected, the lender may give notice of cancellation of each insurance policy or contract to be canceled. If given, the notice of cancellation shall be in writing and given to the insurer who issued the policy or contract and to the insured. The insurer, within two business days after receipt of the notice of cancellation together with a copy of the insurance premium loan agreement if not previously given to the insurer, shall give any notice of cancellation required by the policy, contract, or law and, within ten business days after the effective date of the cancellation, pay to the lender any premium unearned on the policy or contract as of that effective date. Within ten business days after receipt of the unearned premium, the lender shall pay to the consumer indebted upon the insurance premium loan any excess of the unearned premium received over the amount owing by the consumer upon the insurance premium loan.
Source: L. 2000: Entire article R&RE, p. 1224, � 1, effective July 1.
Editor's note: This section is similar to former � 5-7-103, as it existed prior to
2000.
ARTICLE 3.1
Deferred Deposit Loan Act
Law reviews: For article, Borrowing from Peter to Pay Paul: A Statistical
Analysis of Colorado's Deferred Deposit Loan Act, see 83 Den. U.L. Rev. 387 (2005).
5-3.1-101. Short title. This article shall be known and may be cited as the
Deferred Deposit Loan Act.
Source: L. 2000: Entire article added, p. 439, � 1, effective July 1.
5-3.1-101.5. Legislative declaration. The people of this state find and
declare that payday lenders are charging up to two hundred percent annually for payday loans and that excess charges on such loans can lead Colorado families into a debt trap of repeat borrowing. It is the intent of the people to lower the maximum authorized finance charge for payday loans to an annual percentage rate of thirty-six percent.
Source: Initiated 2018: Entire section added, Proposition 111, L. 2019, p. 4539,
� 1, effective February 1, 2019, proclamation of the Governor issued December 19, 2018.
Editor's note: This section was added by Proposition 111, with the
proclamation of the governor on December 19, 2018. The vote count for the measure at the general election held November 6, 2018, was as follows:
FOR: 1,865,200
AGAINST: 549,357
5-3.1-102. Definitions. As used in this article, unless the context otherwise
requires:
(1) Administrator means the administrator of the Uniform Consumer Credit
Code.
(1.5) Annual percentage rate means an annual percentage rate as
determined pursuant to section 107 of the federal Truth in Lending Act, 15 U.S.C. sec. 1601 et seq. All finance charges shall be included in the calculation of the annual percentage rate.
(2) Consumer means a person other than an organization who is the buyer,
lessee, or debtor to whom credit is granted in a consumer credit transaction.
(2.5) Default means a consumer's failure to repay a deferred deposit loan
in compliance with the terms contained in a deferred deposit loan agreement.
(3) Deferred deposit loan or payday loan means a consumer loan
whereby the lender, for a fee, finance charge, or other consideration, does the following:
(a) Accepts a dated instrument from the consumer as sole security for the
loan and no other collateral;
(b) Agrees to hold the instrument for a period of time prior to negotiation or
deposit of the instrument; and
(c) Pays to the consumer, credits to the consumer's account, or pays to
another person on the consumer's behalf the amount of the instrument, less finance charges permitted by section 5-3.1-105.
(4) Instrument means a personal check or authorization to transfer or
withdraw funds from an account signed by the consumer and made payable to a person subject to this article.
(5) (a) Lender means any person who offers or makes a deferred deposit
loan, who arranges a deferred deposit loan for a third party, or who acts as an agent for a third party, regardless of whether the third party is exempt from licensing under this article or whether approval, acceptance, or ratification by the third party is necessary to create a legal obligation for the third party, through any method including mail, telephone, internet, or any electronic means.
(b) Lender includes, but is not limited to, a supervised financial organization
as defined in section 5-1-301 (45).
(c) Notwithstanding that a bank, saving and loan association, credit union, or
supervised lender may be exempted by federal law from this code's interest rate, finance charges, and licensure provisions, all other applicable provisions of this code apply to both a deferred deposit loan and a deferred deposit lender.
(6) Loan amount means the amount financed as defined in regulation z of
the federal Truth in Lending Act, 12 CFR 226.18 (b), as amended, or as supplemented by this code, articles 1 to 9 of this title.
Source: L. 2000: Entire article added, p. 439, � 1, effective July 1. L. 2001:
(5)(b) amended, p. 29, � 6, effective March 9. L. 2004: (2.5) added and (3) (a) amended, p. 317, � 1, effective July 1. L. 2010: (1.5) added and IP(3) and (5)(a) amended, (HB 10-1351), ch. 267, p. 1221, � 2, effective August 11.
Cross references: For the legislative declaration in the 2010 act adding
subsection (1.5) and amending the introductory portion to subsection (3) and subsection (5)(a), see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-103. Written agreement requirements. Each deferred deposit loan
transaction and renewal shall be documented by a written agreement signed by both the lender and consumer. The written agreement shall contain the name of the consumer; the transaction date; the amount of the instrument; the annual percentage rate charged; a statement of the total amount of finance charges charged, expressed both as a dollar amount and an annual percentage rate; and the name, address, and telephone number of any agent or arranger involved in the transaction. In addition, the written agreement shall include all disclosures required by section 5-3-101 (2). The written agreement shall set a date upon which the instrument may be deposited or negotiated. There shall be no maximum loan term or minimum finance charge. The minimum loan term shall be six months from the loan transaction date. The lender shall accept prepayment from a consumer prior to the loan due date and shall not charge the consumer a penalty if the consumer opts to prepay the loan. A lender may hold an instrument and delay completion of the transaction beyond the loan due date without any additional written agreement or new disclosure, but the lender may not charge any additional fees for holding the instrument or delaying the completion of the transaction.
Source: L. 2000: Entire article added, p. 440, � 1, effective July 1. L. 2001:
Entire section amended, p. 29, � 7, effective March 9. L. 2003: Entire section amended, p. 1893, � 6, effective July 1. L. 2004: Entire section amended, p. 317, � 2, effective July 1. L. 2010: Entire section amended, (HB 10-1351), ch. 267, p. 1222, � 3, effective August 11.
Cross references: For the legislative declaration in the 2010 act amending
this section, see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-104. Notice to consumers. A lender shall provide the following notice
in a prominent place on each loan agreement in at least ten-point type:
A DEFERRED DEPOSIT LOAN IS NOT INTENDED TO MEET LONG-TERM FINANCIAL NEEDS.
A DEFERRED DEPOSIT LOAN SHOULD BE USED ONLY TO MEET SHORT-TERM CASH NEEDS.
RENEWING THE DEFERRED DEPOSIT LOAN RATHER THAN PAYING THE DEBT IN FULL WILL REQUIRE ADDITIONAL FINANCE CHARGES.
Source: L. 2000: Entire article added, p. 440, � 1, effective July 1.
5-3.1-105. Authorized charges. A lender may charge a finance charge for
each deferred deposit loan or payday loan that must not exceed an annual percentage rate of thirty-six percent. If the loan is prepaid prior to the maturity of the loan term, the lender shall refund to the consumer a prorated portion of the finance charge based upon the ratio of time left before maturity to the loan term. A lender may charge only those charges expressly authorized in this article in connection with a deferred deposit loan or payday loan.
Source: L. 2000: Entire article added, p. 441, � 1, effective July 1. L. 2010:
Entire section amended, (HB 10-1351), ch. 267, p. 1222, � 4, effective August 11. Initiated 2018: Entire section amended, Proposition 111, L. 2019, p. 4539, � 2, effective February 1, 2019, proclamation of the Governor issued December 19, 2018.
Cross references: For the legislative declaration in the 2010 act amending
this section, see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-106. Maximum loan amount - right to rescind. (1) A lender shall not
lend an amount greater than five hundred dollars nor shall the amount financed exceed five hundred dollars by any one lender at any time to a consumer. Nothing in this subsection (1) shall preclude a lender from making more than one loan to a consumer so long as the total amount financed does not exceed five hundred dollars at any one time and there is at least a thirty-day waiting period between loans.
(2) A consumer shall have the right to rescind the deferred deposit loan on or
before 5 p.m. the next business day following the loan transaction.
Source: L. 2000: Entire article added, p. 441, � 1, effective July 1. L. 2004: (1)
amended, p. 318, � 3, effective July 1. L. 2010: (1) amended, (HB 10-1351), ch. 267, p. 1223, � 5, effective August 11.
Cross references: For the legislative declaration in the 2010 act amending
subsection (1), see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-107. Multiple outstanding transactions notice. A lender shall provide
the following notice in a prominent place on each deferred deposit loan agreement in at least ten-point type:
STATE LAW PROHIBITS DEFERRED DEPOSIT LOANS EXCEEDING FIVE HUNDRED DOLLARS ($500) TOTAL DEBT PLUS APPLICABLE FINANCE CHARGES PERMITTED BY LAW FROM A DEFERRED DEPOSIT LENDER. EXCEEDING THIS AMOUNT MAY CREATE FINANCIAL HARDSHIPS FOR YOU AND YOUR FAMILY. YOU HAVE THE RIGHT TO RESCIND THIS TRANSACTION BY 5 P.M. THE NEXT BUSINESS DAY FOLLOWING THIS TRANSACTION.
Source: L. 2000: Entire article added, p. 441, � 1, effective July 1. L. 2001:
Entire section amended, p. 29, � 8, effective March 9.
5-3.1-108. Renewal - new loan - consecutive loans - payment plan -
definitions. (1) A deferred deposit loan shall not be renewed more than once. After such renewal, the consumer shall pay the debt in cash or its equivalent. If the consumer does not pay the debt, then the lender may deposit the consumer's instrument.
(2) Upon renewal of a deferred deposit loan or payday loan, the lender may
assess a finance charge that must not exceed an annual percentage rate of thirty-six percent. If the deferred deposit loan or payday loan is renewed prior to the maturity date, the lender shall refund to the consumer a prorated portion of the finance charge based upon the ratio of time left before maturity to the loan term.
(3) A transaction is completed when the lender presents the instrument for
payment or the consumer redeems the instrument by paying the full amount of the instrument to the holder. Once the consumer has completed the deferred deposit transaction, the consumer may enter into a new deferred deposit agreement with the lender. If the consumer's instrument is dishonored by the payor financial institution after the transaction is complete and, before the lender receives a notice of dishonor, the lender makes a new loan that does not exceed the maximum allowable loan, the lender shall not be in violation of the maximum loan amount provisions in section 5-3.1-106.
(4) Nothing in this section prohibits a lender from refinancing a deferred
deposit loan as a supervised loan subject to the provision of this code, articles 1 to 9 of this title; except that the lender may not contract for or receive the minimum finance charge contained in section 5-2-201 (7).
(5) (Deleted by amendment, L. 2010, (HB 10-1351), ch. 267, p. 1223, � 6,
effective August 11, 2010.)
Source: L. 2000: Entire article added, p. 441, � 1, effective July 1. L. 2001: (4)
amended, p. 29, � 9, effective March 9. L. 2004: (3) amended, p. 318, � 4, effective July 1. L. 2007: (5) added, p. 384, � 1, effective July 1. L. 2010: (2) and (5) amended, (HB 10-1351), ch. 267, p. 1223, � 6, effective August 11. Initiated 2018: (2) amended, Proposition 111, L. 2019, p. 4539, � 3, effective February 1, 2019, proclamation of the Governor issued December 19, 2018.
Cross references: For the legislative declaration in the 2010 act amending
subsections (2) and (5), see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-109. Form of loan proceeds. A lender may pay the proceeds from a
deferred deposit loan to the consumer in the form of a business instrument, money order, cash, stored value card, internet transfer, or authorized automated clearinghouse transaction. The consumer shall not be charged an additional finance charge or fee for cashing the lender's business instrument or for negotiating forms of loan proceeds other than cash.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1. L. 2004:
Entire section amended, p. 318, � 5, effective July 1.
5-3.1-110. Endorsement of instrument. A lender shall not negotiate or
present an instrument for payment unless the instrument is endorsed with the actual business name of the lender.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1.
5-3.1-111. Redemption of instrument. Prior to the lender negotiating or
presenting the instrument, the consumer shall have the right to redeem any instrument held by a lender as a result of a deferred deposit loan if the consumer pays the full amount of the instrument to the lender.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1.
5-3.1-112. Authorized dishonored instrument charge. If an instrument held
by a lender as a result of a deferred deposit loan is returned unpaid to the lender from a payor financial institution due to insufficient funds, a closed account, a stop-payment order, or any other reason, not including a bank error, the lender shall have the right to exercise all civil means authorized by law to collect the face value of the instrument; except that the provisions and remedies of section 13-21-109, C.R.S., are not applicable to any deferred deposit loan. In addition, the lender may contract for and collect one returned instrument charge for each deferred deposit loan, not to exceed twenty-five dollars, plus court costs and reasonable attorney fees as awarded by a court and incurred as a result of the default. However, such attorney fees shall not exceed the loan amount. The lender shall not collect any other fees as a result of default. A returned instrument charge shall not be allowed if the loan proceeds instrument is dishonored by the financial institution or the consumer places a stop-payment order due to forgery or theft.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1. L. 2004:
Entire section amended, p. 318, � 6, effective July 1.
5-3.1-113. Posting of charges. Any lender offering a deferred deposit loan
shall post at any place of business where deferred deposit loans are made a notice of the finance charges imposed for such deferred deposit loans.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1. L. 2003:
Entire section amended, p. 1894, � 7, effective July 1.
5-3.1-114. Notice on assignment or sale of instruments. Prior to sale or
assignment of instruments held by the lender as a result of a deferred deposit loan, the lender shall place a notice on the instrument in at least ten-point type to read:
THIS IS A DEFERRED DEPOSIT LOAN INSTRUMENT.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1.
5-3.1-115. Records and annual reports. A lender shall maintain records and
file an annual report in accordance with section 5-2-304.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1. L. 2001:
Entire section amended, p. 30, � 10, effective March 9.
5-3.1-116. License requirement. In accordance with section 5-2-301, no
person shall engage in the business of deferred deposit loans without having first obtained a supervised lender's license pursuant to section 5-2-302. A separate license shall be required for each location where such business is conducted.
Source: L. 2000: Entire article added, p. 442, � 1, effective July 1. L. 2001:
Entire section amended, p. 30, � 11, effective March 9.
5-3.1-117. Examination and investigation. A lender may be examined and
investigated in accordance with section 5-2-305.
Source: L. 2000: Entire article added, p. 443, � 1, effective July 1. L. 2001:
Entire section amended, p. 30, � 12, effective March 9.
5-3.1-118. Denial of license - discipline. (1) The administrator may deny a
license or discipline a lender in accordance with sections 5-2-302, 5-2-303, and 5-2-306.
(2) (a) If the administrator finds that a lender has violated the code, articles 1
to 9 of this title, the administrator shall notify the lender in writing of such violations and the actions the lender must take to cure the violations. The administrator shall allow the lender thirty days after the postmark date of the notice, or the date of delivery if not mailed, to cure the violations before taking disciplinary action in accordance with subsection (1) of this section. If the administrator determines that such lender has performed such actions contained in such notice, the lender shall not be liable for the violations that have been cured.
(b) This subsection (2) shall not apply if the lender violated the code, articles
1 to 9 of this title, in a repeated or willful manner.
(c) If an alleged violation of the code, articles 1 to 9 of this title, is the result
of a bona fide clerical oversight or computer-based error and not the product of the lender's established lending practices, and the alleged violation can be corrected without material change to the terms and conditions of a consumer's loan, the lender shall have thirty days after the postmark date of the notice, or the date of delivery if not mailed, to cure the alleged violation without incurring any fine or penalty or any required refund of any finance charges associated with the alleged violation. Nothing in this subsection (2) shall exempt a lender from making required refunds if the violation resulted in an overcharge or excess charge to the consumer.
(3) A lender shall have ninety days to comply with any rule, interpretation, or
opinion of the administrator that requires a lender to implement new policies or procedures that involve the reprinting of the lender's forms to include new disclosures, or that requires the lender to revise existing computer programs or add new computer programs to comply with the rule, interpretation, or opinion. During the ninety-day period, the administrator shall not deem the lender to be in violation of articles 1 to 9 of this title for noncompliance with the new rule, interpretation, or opinion.
Source: L. 2000: Entire article added, p. 443, � 1, effective July 1. L. 2001: (1)
amended, p. 30, � 13, effective March 9. L. 2004: (2) amended and (3) added, p. 319, � 7, effective July 1.
5-3.1-119. Applicability of other provisions of this title. The provisions of the
code, articles 1 to 9 of this title, apply to a lender unless such provisions are inconsistent with this article.
Source: L. 2000: Entire article added, p. 443, � 1, effective July 1.
5-3.1-120. Criminal culpability. A consumer shall not be subject to any
criminal penalty for entering into a deferred deposit loan agreement. A consumer shall not be subject to any criminal penalty in the event the instrument is dishonored, unless the consumer's account on which the instrument was written was closed before the agreed upon date of negotiation, subject to the provisions of section 18-5-205, C.R.S.
Source: L. 2000: Entire article added, p. 443, � 1, effective July 1.
5-3.1-121. Unfair or deceptive practices. (1) No person shall engage in unfair
or deceptive acts, practices, or advertising in connection with a deferred deposit loan.
(2) No person may engage in any device, subterfuge, or pretense to evade
the requirements of this article, including making loans disguised as a personal property sale, and leaseback transaction; disguising loan proceeds as a cash rebate for the pretextual installment sale of goods or services; or making, offering, guaranteeing, assisting, or arranging a consumer to obtain a loan with a greater rate of interest, consideration, or charge than is permitted by this article through any method including mail, telephone, internet, or any electronic means regardless of whether the person has a physical location in the state.
Source: L. 2000: Entire article added, p. 443, � 1, effective July 1. L. 2010:
Entire section amended, (HB 10-1351), ch. 267, p. 1224, � 7, effective August 11. Initiated 2018: (2) amended, Proposition 111, L. 2019, p. 4540, � 4, effective February 1, 2019, proclamation of the Governor issued December 19, 2018.
Cross references: For the legislative declaration in the 2010 act amending
this section, see section 1 of chapter 267, Session Laws of Colorado 2010.
5-3.1-122. Unconscionability. (1) In applying the provisions of sections 5-5-109 and 5-6-112 to the actions of a lender, consideration shall be given to the
following, among other factors:
(a) The financial benefits of the loan to the consumer and the level of risk
incurred by the lender in extending credit;
(b) The absence of collateral other than the instrument executed by the
consumer payable to the lender;
(c) The relation between the amount and terms of credit granted and the
cost of making the loan.
(2) A lender shall require a consumer to fill out a loan application at least
once in each twelve-month period of time and shall maintain this application on file. The application shall be signed and dated by the consumer.
(3) (a) A lender shall require the consumer to provide a pay stub or other
evidence of income at least once each twelve-month period. Such evidence shall not be over forty-five days old when presented. If a lender requires a consumer to present a bank statement to secure a loan, the lender shall allow the consumer to delete from the statement the information regarding to whom the debits listed on the statement were payable.
(b) If the amount borrowed is not more than twenty-five percent of the
consumer's monthly gross income and benefits, as evidenced by a paycheck stub or otherwise substantiated, a lender shall not be obligated to investigate the consumer's continued debt position, and the consumer's ability to repay the loan need not be further demonstrated.
(4) If a lender complies with the requirements of subsections (2) and (3) of
this section, and the deferred deposit loan otherwise complies with this article and other applicable law, neither the consumer's inability to repay the loan nor the lender's decision to obtain or not obtain additional information concerning the consumer's creditworthiness shall be cause to determine that a loan is unconscionable.
Source: L. 2004: Entire section added, p. 320, � 8, effective July 1.
5-3.1-123. Use of multiple agreements for deferred deposit loans. If a
consumer obtains a deferred deposit loan voluntarily and separately from his or her spouse and the consumer's action is documented in writing, signed by the consumer, and retained by the lender, the transaction shall not be considered a violation of section 5-3-205.
Source: L. 2004: Entire section added, p. 320, � 9, effective July 1.
ARTICLE 3.5
Consumer Equity Protection
Law reviews: For article, The Colorado Equity Protection Act: A Response to
Predatory Lending Practices, see 32 Colo. Law. 79 (April 2003).
PART 1
OBLIGOR PROTECTION
5-3.5-101. Definitions. As used in this article, unless the context otherwise
requires:
(1) Bridge loan means temporary or short-term financing with a maturity of
less than eighteen months that requires payments of only interest until the entire unpaid balance is due and payable.
(2) Covered loan means a consumer credit transaction secured by property
located within this state that is considered a mortgage under section 152 of the federal Home Ownership and Equity Protection Act of 1994, 15 U.S.C. sec. 1602 (aa), as amended, and regulations adopted pursuant thereto by the federal reserve board, including, without limitation, 12 CFR 226.32, as amended; except that, if the total points and fees paid by the obligor at or before closing exceed six percent of the total loan amount, such loan shall be deemed to be a covered loan if the transaction otherwise meets the requirements of this subsection (2).
(3) Lender means any individual or entity that originates one or more
covered loans. The individual or entity to whom a covered loan is initially payable, either on the face of the note or contract or by agreement when there is no note or contract, shall be deemed to be the lender.
(4) Mortgage broker means a person other than an employee or exclusive
agent of a lender who, for compensation, brings an obligor and lender together to obtain a covered loan.
(5) Obligor means each obligor, co-obligor, co-signer, or grantor obligated
to repay a covered loan.
(6) Political subdivision means a county, city and county, city, town, service
authority, school district, local improvement district, law enforcement authority, city or county housing authority, or water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.
(7) Principal balance means the amount financed plus prepaid finance
charges as defined in the federal Truth in Lending Act, 15 U.S.C. sec. 1601 et seq., as amended.
(8) Servicer has the same meaning as set forth in section 2605 (i)(2) of the
federal Real Estate Settlement Procedures Act of 1974, 12 U.S.C. sec. 2601 et seq., as amended.
Source: L. 2002: Entire article added, p. 1594, � 1, effective June 7. L. 2003:
(2) amended, p. 1894, � 8, effective July 1.
5-3.5-102. Protection of obligors. (1) A covered loan is subject to the
following limitations:
(a) Limitation on balloon payment. No covered loan may contain a provision
for a scheduled payment that is more than twice as large as the average of earlier regularly scheduled payments, unless such balloon payment becomes due and payable not less than one hundred twenty months after the date of execution of the loan. This prohibition does not apply when the payment schedule is adjusted to account for the seasonal or irregular income of the obligor or if the purpose of the loan is a bridge loan connected with, or related to, the acquisition or construction of a dwelling intended to become the obligor's principal dwelling.
(b) No call provision. No covered loan may contain a call provision that
permits the lender, in its sole discretion, to accelerate the indebtedness. This prohibition shall not apply when:
(I) Acceleration of repayment of the loan is justified:
(A) By default in which the obligor fails to meet the repayment terms of the
agreement for any outstanding balance; or
(B) Pursuant to a due-on-sale provision;
(II) There is fraud or material misrepresentation by an obligor in connection
with the loan;
(III) There is a provision permitting acceleration if the lender, in good faith,
believes itself to be materially insecure or believes that the prospect of future payment has become materially impaired; or
(IV) There is any action or inaction by the obligor that adversely affects the
lender's security for the loan or any rights of the lender in such security.
(c) No negative amortization. No covered loan may contract for a payment
schedule with regular periodic payments that cause the principal balance to increase; except that this paragraph (c) shall not prohibit negative amortization as a consequence of a temporary forbearance or restructure sought by the obligor.
(d) No increased interest rate upon default. No covered loan may contract
for any increase in the interest rate as a result of a default; except that this paragraph (d) shall not apply to periodic interest rate changes in a variable rate loan that is otherwise consistent with the provisions of the loan agreement if the change in the interest rate is not occasioned by the event of default or a permissible acceleration of the indebtedness.
(e) Limitations on mandatory arbitration clauses. No covered loan may be
subject to a mandatory arbitration clause that:
(I) Does not comply with rules set forth by a nationally recognized arbitration
organization such as the American arbitration association;
(II) Does not require the arbitration proceeding to be conducted:
(A) Within the federal judicial district in which the subject property is
located;
(B) In the city nearest the obligor's residence where a federal district court is
located; or
(C) At such other location as may be mutually agreed upon by the parties;
(III) Does not require the lender to contribute at least fifty percent of the
amount of any filing fee; and
(IV) Does not require the lender to pay standard daily arbitration fees, both
its own and those of the obligor, for at least the first day of arbitration.
(f) No advance payments. No covered loan may include terms under which
any periodic payments required under the loan are paid in advance from the loan proceeds provided to the obligor.
(g) Limitations on prepayment fees. (I) First thirty-six months only. A
prepayment fee or penalty shall be permitted only on a refinance to a different lender other than pursuant to a sale and only during the first thirty-six months after the date of execution of a covered loan. Prepayment fees and penalties shall not exceed six months' interest for prepayment within the first three years of the loan. The prepayment fees or penalties permitted by this paragraph (g) shall apply only to covered loans that are secured by a first mortgage, deed of trust, or security interest to refinance, by amendment, payoff, or otherwise, an existing loan made to finance the acquisition or construction of a dwelling, including a refinance loan providing additional sums of money for any purpose, regardless of whether related to acquisition or construction. No prepayment fees or penalties shall be included in the loan documents or charged to the obligor for prepayment:
(A) After the third year of the loan;
(B) Pursuant to a refinance with the same lender; or
(C) That is partial.
(II) No prepayment fees for certain refinancing. No prepayment fee or
penalty may be charged on a refinancing of a covered loan if the covered loan being refinanced is owned by the refinancing lender at the time of such refinancing.
(III) Lender must offer choice. A lender shall not include a prepayment
penalty fee in a covered loan unless the lender offers the obligor the option of choosing a loan product without a prepayment penalty fee. A lender shall be deemed to have complied with this requirement if the obligor receives and executes the following disclosure, which may be incorporated with any other required disclosure:
LOAN PRODUCT CHOICE
I was provided with an offer to accept a product both with and without a
prepayment penalty provision. I have chosen to accept the product with /
without a prepayment penalty.
Source: L. 2002: Entire article added, p. 1595, � 1, effective June 7. L. 2003:
(1)(a) amended, p. 1894, � 9, effective July 1.
5-3.5-103. Restricted acts and practices. (1) The following acts and
practices are prohibited in the making of a covered loan:
(a) No lending without cautionary notice. (I) A lender may not make a
covered loan unless the lender or a mortgage broker has given the following notice, or a substantially similar notice, in writing to the obligor within a reasonable period of time after determining that the loan would result in a covered loan, but no later than the time by which the notice is required under the notice provision contained in 12 CFR 226.31 (c), as amended:
CONSUMER CAUTION
If you obtain this loan, the lender will have a mortgage in Colorado; this is a
deed of trust on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan. Mortgage loan rates and closing costs and fees vary based on many factors, including your particular credit and financial circumstances, your earnings history, the loan-to-value requested, and the type of property that will secure your loan. The loan rate and fees could vary based on which lender or broker you select.
You are not required to complete any loan agreement merely because you
have received these disclosures or have signed a loan application. If you proceed with this mortgage loan, you should also remember that you may face serious financial risks if you use this loan to pay off credit card debts and other debts in connection with this transaction and then later incur significant new credit card charges or other debts. If you continue to accumulate debt after this loan is closed and then experience financial difficulties, you could lose your home and any equity you have in it if you do not meet your mortgage loan obligations.
Property taxes and homeowner's insurance are your responsibility. Not all
lenders provide escrow services for these payments. You should ask your lender about these services.
Your payments on existing debts contribute to your credit ratings. You should
not accept any advice to ignore your regular payments to your existing creditors.
(II) It shall be a rebuttable presumption that a lender or broker has met its
obligation to provide this disclosure if the consumer provides the lender or broker with a signed acknowledgment of receipt of a copy of the notice set forth in subparagraph (I) of this paragraph (a).
(b) No lending without due regard to repayment ability. (I) A lender may not
make a covered loan to a consumer based on the consumer's collateral without regard to the consumer's repayment ability, including the consumer's current and expected income, current obligations, and employment.
(II) There is a presumption that a creditor has violated this paragraph (b) if
the creditor engages in a pattern or practice of making loans subject to 12 CFR 226.32 without verifying and documenting consumers' repayment abilities.
(III) (A) In the case of a stated income loan, the reasonable basis for believing
that there are sufficient funds to support the covered loan may not be based solely on the income stated by the obligor, but may include other information in the possession of the lender after the solicitation of all information that the lender customarily solicits in connection with stated income loans. A lender shall not knowingly or willfully originate a covered loan as a stated income loan with the intent of evading this subparagraph (III).
(B) A person who willfully and knowingly gives false or inaccurate
information or fails to provide information that the person is required to disclose pursuant to applicable law may have violated and may be subject to penalties established in 15 U.S.C. sec. 1611.
(c) Refinancing within a one-year period. Within one year after having
extended credit subject to this article, no lender shall refinance any covered loan to the same obligor into another covered loan unless the refinancing is in the obligor's interest. An assignee holding or servicing an extension of mortgage credit subject to this article shall not, for the remainder of the one-year period following the date of origination of the credit, refinance any covered loan to the same obligor into another covered loan unless the refinancing is in the obligor's interest. A creditor or assignee shall not engage in acts or practices to evade this paragraph (c), including a pattern or practice of arranging for the refinancing of its own loans by affiliated or unaffiliated creditors, or modifying a loan agreement, regardless of whether the existing loan is satisfied and replaced by the new loan, and charging a fee.
(d) No refinancing certain low-rate loans. A lender shall not replace or
consolidate a zero interest rate, or other low-rate, loan made by a governmental or nonprofit lender with a covered loan within the first ten years after the low-rate loan was made unless the current holder of the loan consents in writing to the refinancing. For purposes of this paragraph (d), a low-rate loan is a loan that carries a current interest rate two percentage points or more below the current yield on United States department of the treasury securities with a comparable maturity. If the loan's current interest rate is either a discounted introductory rate or a rate that automatically steps up over time, then the fully-indexed rate or the fully stepped-up rate, as appropriate, should be used in lieu of the current rate to determine whether a loan is a low-rate loan.
(e) Restrictions on covered loan proceeds to pay home improvement
contracts. A lender shall not pay a contractor under a home-improvement contract from the proceeds of a covered loan other than by an instrument payable to the obligor or jointly to the obligor and the contractor or, at the election of the obligor, through a third-party escrow agent in accordance with terms established in a written agreement signed by the obligor, the lender, and the contractor prior to the disbursement of funds to the contractor.
(f) No financing of credit insurance. No covered loan may include, directly or
indirectly, financing of any premiums for any credit life, credit disability, credit property, or credit unemployment insurance, any other life or health insurance products, or any payments for any debt cancellation or suspension agreement or contracts; except that calculated insurance premiums or debt cancellation or suspension fees paid on a monthly basis shall not be considered to have been financed by the lender for purposes of this paragraph (f).
(g) No recommending default. No lender shall recommend or encourage
default on an existing loan or other debt prior to and in connection with the closing or planned closing of a covered loan that refinances all or any portion of such existing loan or debt.
(h) No fee for payoff quote. No creditor may charge a fee for informing or
transmitting to any person the balance due to pay off a covered loan or to provide a release upon prepayment. A creditor shall provide a payoff balance within a reasonable time after a request, but in any event not more than five business days after a written request.
Source: L. 2002: Entire article added, p. 1597, � 1, effective June 7. L. 2003:
(1)(c) amended, p. 1894, � 10, effective July 1.
5-3.5-104. Reporting to credit bureaus. A lender or its servicer shall report
at least quarterly both the favorable and unfavorable payment history information of the obligor on payments due to the lender on a covered loan to a nationally recognized consumer credit reporting agency. This section shall not prevent a lender or its servicer from agreeing with the obligor not to report specified payment history information in the event of a resolved or unresolved dispute with an obligor, and shall not apply to covered loans held or serviced by a lender for less than ninety days.
Source: L. 2002: Entire article added, p. 1600, � 1, effective June 7.
PART 2
ENFORCEMENT AND LIABILITY
5-3.5-201. Enforcement - liability. The attorney general and any obligor of a
covered loan may enforce this article with respect to such covered loan in the manner provided for violations of the federal Home Ownership and Equity Protection Act of 1994, 15 U.S.C. sec. 1639, and regulations adopted pursuant thereto by the federal reserve board, including, without limitation, 12 CFR 226.32, as set forth in the federal Truth in Lending Act, 15 U.S.C. sec. 1640, and regulations adopted pursuant thereto by the federal reserve board, including the provisions on civil liability, class actions, rescission, correction, and bona fide error. Persons engaged in the purchase, sale, assignment, securitization, or servicing of covered loans shall be liable under this article for the action or inaction of persons originating such loans only in the manner and to the extent provided for violation of the federal Home Ownership and Equity Protection Act of 1994 and the federal Truth in Lending Act, 15 U.S.C. sec. 1641, and regulations adopted pursuant thereto by the federal reserve board.
Source: L. 2002: Entire article added, p. 1600, � 1, effective June 7.
PART 3
MISCELLANEOUS PROVISIONS
5-3.5-301. Effective date - applicability. Section 5-3.5-303 is intended to
restate and confirm the existing law of this state, namely that the laws of this state relating to the financial and lending activities are to be applied on a uniform, statewide basis. Parts 1 and 2 of this article shall take effect January 1, 2003. This part 3 shall take effect upon passage. This article shall apply to covered loans offered or entered into on or after January 1, 2003.
Source: L. 2002: Entire article added, p. 1601, � 1, effective June 7.
5-3.5-302. Severability. The provisions of this article are severable and if
any of its provisions are held unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions of this article. It is hereby declared to be the legislative intent that this article would have been adopted if the unconstitutional provisions had not been included.
Source: L. 2002: Entire article added, p. 1601, � 1, effective June 7.
5-3.5-303. Relationship to other laws. (1) General rule. All political
subdivisions of this state, including municipalities, shall be prohibited from enacting and enforcing ordinances, resolutions, and regulations pertaining to lending activities.
(2) Preemption. Any provision of this article 3.5 preempted by federal law
with respect to a national bank or federal savings association shall also, to the same extent, not apply to an operating subsidiary of a national bank or federal savings association that satisfies the requirements for operating subsidiaries established in 12 CFR 5.34, relating to operating subsidiaries, nor to a bank chartered under the laws of Colorado or any operating subsidiary of such a state chartered bank.
(3) Interpretation. The provisions of this article 3.5 shall be interpreted and
applied to the fullest extent practical in a manner consistent with applicable federal laws and regulations and shall not be deemed to constitute an attempt to override federal law.
Source: L. 2002: Entire article added, p. 1601, � 1, effective June 7. L. 2023:
(2) amended, (HB 23-1301), ch. 303, p. 1815, � 2, effective August 7.
ARTICLE 3.7
Consumer Credit Solicitation Protection
5-3.7-101. Consumer credit solicitation protection - definitions. (1) A
solicitor that makes a firm offer of credit for a lender credit card or a seller credit card to a consumer by mail solicitation and receives an acceptance of that offer that lists the address of the consumer accepting the offer as different from the address to which the offer was sent shall, prior to issuing or directing issuances of the lender credit card or seller credit card, verify that the consumer accepting the offer is the same consumer to whom the offer was sent.
(2) As used in this section, unless the context otherwise requires:
(a) Firm offer of credit shall have the same meaning as set forth in 15 U.S.C.
sec. 1681a (l).
(b) Solicitor means the person making the offer by mail solicitation and
does not include a card issuer or other creditor when that creditor or card issuer relies on an independent third party to provide the services.
(c) Verify means the use of commercially reasonable efforts to ascertain
that the consumer responding to a mail solicitation is the same consumer to whom the solicitation was directed. For the purposes of this article, a solicitor shall be deemed to verify that the consumer accepting a mail solicitation is the same consumer to whom the solicitation was directed if:
(I) A consumer responding at a telephone number appearing in a publicly
available directory or database as the telephone number of the consumer to whom the solicitation was mailed identifies himself or herself as the consumer to whom the solicitation was mailed and acknowledges the consumer's acceptance of the solicitation; or
(II) A consumer presents the solicitor, including presentation by facsimile
transmission or mail, the original or a copy of one or more documents, including a driver's license, social security card, passport, or any other identification document issued by a state or federal governmental agency, that, on the face of the document or documents, appears to confirm such consumer's identity as the consumer to whom a solicitation was mailed and the consumer acknowledges acceptance of the solicitation; or
(III) The solicitor verified, by any means adopted in federal regulations, that
the consumer accepting the solicitation is the consumer to whom the solicitation was directed; or
(IV) The solicitor verified by any other means, that under the standards and
practices of the industry in which the solicitor is engaged would be deemed sufficient, that the consumer accepting the solicitation is the same consumer to whom the solicitation was sent.
Source: L. 2004: Entire article added, p. 657, � 1, effective July 1.
ARTICLE 4
Insurance
Editor's note: This article was numbered as article 4 of chapter 73, C.R.S.
- This title was repealed and reenacted in 1971, and this article was subsequently repealed and reenacted in 2000, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 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 and the editor's note following the title heading. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article, see the comparative tables located in the back of the index.
PART 1
INSURANCE IN GENERAL
C.R.S. § 6-1-1001
6-1-1001. Restrictions on use of loan information for solicitations - definition. (1) A person shall not reference the trade name or trademark of a lender or a trade name or trademark confusingly similar to that of a lender in a solicitation for the offering of services or products without the consent of the lender unless the solicitation clearly and conspicuously states in bold-faced type on the front page of the correspondence containing the solicitation:
(a) The name, address, and telephone number of the person making the
solicitation;
(b) That the person making the solicitation is not affiliated with the lender;
(c) That the solicitation is not authorized or sponsored by the lender; and
(d) That the loan information referenced was not provided by the lender.
(2) A person shall not reference a loan number, loan amount, or other
specific loan information that is not publicly available in a solicitation for the purchase of services or products; except that this prohibition shall not apply to communications by a lender or its affiliates with a current customer of the lender or with a person who was a customer of the lender.
(3) (a) A person shall not reference a loan number, loan amount, or other
specific loan information that is publicly available in a solicitation for the purchase of services or products unless the communication clearly and conspicuously states in bold-faced type on the front page of the correspondence containing the solicitation:
(I) The name, address, and telephone number of the person making the
solicitation;
(II) That the person making the solicitation is not affiliated with the lender;
(III) That the solicitation is not authorized or sponsored by the lender; and
(IV) That the loan information referenced was not provided by the lender.
(b) The prohibition in paragraph (a) of this subsection (3) shall not apply to
communications by a lender or its affiliates with a current customer of the lender or with a person who was a customer of the lender.
(4) Any reference to an existing lender without the consent of the lender,
and any reference to a loan number, loan amount, or other specific loan information, appearing on the outside of an envelope, visible through the envelope window, or on a postcard, in connection with any written communication that includes or contains a solicitation for goods or services is prohibited.
(5) It is not a violation of this section for a person to use the trade name of
another lender in an advertisement for services or products to compare the services or products offered by the other lender.
(6) A lender or owner of a trade name or trademark may seek an injunction
against a person who violates this section to stop the unlawful use of the trade name, trademark, or loan information. The person seeking the injunction shall not have to prove actual damage as a result of the violation. Irreparable harm and interim harm to the lender or owner shall be presumed. The lender or owner seeking the injunction may seek to recover actual damages and any profits the defendant has accrued as a result of the violation. The prevailing party in any action brought pursuant to this section is entitled to recover costs associated with the action and reasonable attorney fees from the other party.
(7) For the purposes of this section, lender means a bank, savings and loan
association, savings bank, credit union, finance company, mortgage bank, mortgage broker, loan originator or holder of the loan, or other person who makes loans in this state, and any affiliate thereof, or any third party operating with the consent of the lender. For the purposes of this section, a person is not a lender based on the person's former employment with a lender.
(8) Nothing in this section shall apply to title insurance.
Source: L. 2004: Entire part added, p. 1533, � 1, effective August 4. L. 2013:
(7) amended, (SB 13-154), ch. 282, p. 1468, � 22, effective July 1.
PART 11
COLORADO FORECLOSURE PROTECTION ACT
SUBPART 1
GENERAL PROVISIONS
C.R.S. § 6-1-102
6-1-102. Definitions. As used in this article 1, unless the context otherwise requires:
(1) Advertisement includes the attempt by publication, dissemination,
solicitation, or circulation, visual, oral, or written, to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest in any property.
(2) Article means a product as distinguished from a trademark, label, or
distinctive dress in packaging.
(2.5) Business day means any calendar day except Sunday, New Year's
day, the third Monday in January observed as the birthday of Dr. Martin Luther King, Jr., Washington-Lincoln day, Memorial day, Juneteenth, Independence day, Labor day, Frances Xavier Cabrini day, Veterans' day, Thanksgiving, and Christmas.
(2.7) Buyers' club means any person engaged in advertising or selling
memberships that provide an exclusive right to members to purchase goods, food, services, or property at purported discount prices.
(3) Certification mark means a mark used in connection with the goods or
services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.
(4) Collective mark means a mark used by members of a cooperative,
association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.
(4.1) Dance studio means any person engaged in the advertisement or sale
of dance studio services.
(4.2) Dance studio services means instruction, training, or assistance in
dancing; the use of dance studio facilities; membership in any group, club, or association formed by a dance studio; and participation in dance competitions, dance showcases, trips, tours, parties, and other organized events and related travel arrangements.
(4.3) Discount health plan means a program evidenced by a membership
agreement, contract, card, certificate, device, or mechanism, which offers health-care services, as defined in section 10-16-102 (33), C.R.S., or related products including, but not limited to, prescription drugs and medical equipment, at purported discounted rates from health-care providers advertised as participating in the program. A discount health plan does not include a program in which a participating provider has agreed, as a condition of his or her participation in the program, to negotiate the prices to be charged for his or her services directly with consumers in the program and the provider is not required to offer discounted prices for his or her services as part of the program.
(4.4) Elderly person means a person sixty years of age or older.
(4.5) Food means any raw, cooked, or processed edible substance,
beverage, or ingredient used or intended for use or for sale in whole or part for human consumption.
(4.6) Health club means an establishment which provides health club
services or facilities which purport to improve or maintain the user's physical condition or appearance through exercise. The term may include, but shall not be limited to, a spa, exercise club, exercise gym, health studio, or playing courts. The term shall not apply to any of the following:
(a) Any establishment operated by a nonprofit organization or public or
private school, college, or university;
(b) Any establishment operated by the federal government, the state of
Colorado, or any of the state's political subdivisions;
(c) Any establishment which does not provide health club services or
facilities as its primary purpose or business; or
(d) Health-care facilities licensed or certified by the department of public
health and environment pursuant to its authority under section 25-1.5-103, C.R.S.
(4.7) Health club facilities means equipment, physical structures, and other
tangible property utilized by a health club to conduct its business. The term may include, but shall not be limited to, saunas, whirlpool baths, gymnasiums, running tracks, playing courts, swimming pools, shower areas, and exercise equipment.
(4.8) Health club services means services, privileges, or rights offered for
sale or provided by a health club.
(4.9) Manufactured home shall have the same meaning as set forth in
section 42-1-102 (48.8).
(5) Mark means a word, name, symbol, device, or any combination thereof
in any form or arrangement.
(5.5) Motor vehicle has the same meaning as set forth in section 44-20-102.
(6) Person means an individual, corporation, business trust, estate, trust,
partnership, unincorporated association, or two or more thereof having a joint or common interest, or any other legal or commercial entity.
(7) Promoting a pyramid promotional scheme means inducing one or more
other persons to become participants, or attempting to so induce, or assisting another in promoting a pyramid promotional scheme by means of references or otherwise.
(8) Property means any real or personal property, or both real and personal
property, intangible property, or services.
(9) Pyramid promotional scheme means any program utilizing a pyramid or
chain process by which a participant in the program gives a valuable consideration in excess of fifty dollars for the opportunity or right to receive compensation or other things of value in return for inducing other persons to become participants for the purpose of gaining new participants in the program. Ordinary sales of goods or services to persons who are not purchasing in order to participate in such a scheme are not within this definition.
(9.5) Resale time share means a time share, including all or substantially
all ownership, rights, or interests associated with the time share:
(a) That has been acquired previously for personal, family, or household use;
and
(b) (I) That is owned by a Colorado resident; or
(II) The accommodations and other facilities of which are available for use
through the time share and are primarily located in Colorado.
(10) Sale means any sale, offer for sale, or attempt to sell any product,
good, or property for any consideration.
(11) Service mark means a mark used by a person to identify services and to
distinguish them from the services of others.
(11.2) Repealed.
(11.5) Time share means a time share estate, as defined in section 38-33-110 (5), a time share use, as defined in section 12-10-501 (4), or any campground or
recreational membership that does not constitute the transfer of an interest in real property.
(11.7) (a) Time share resale entity means any person who, either directly or
indirectly, engages in a time share resale service.
(b) Time share resale entity does not include:
(I) The developer, association of time share owners, or other person
responsible for managing or operating the plan or arrangement by which the rights or interests associated with a resale time share are utilized, but only to the extent the resale time share is part of an existing plan or arrangement managed by that developer, association, or person;
(II) Attorneys, title agents, title companies, or escrow companies providing
closing, settlement, or other transaction services as long as the services are provided in the normal course of business in supporting a conveyance of title or in issuing title insurance products in a time share resale transaction. To the extent the attorney, title agent, title company, or escrow company is engaged in providing services or products that are outside the normal course of business in supporting a conveyance of title or in issuing title insurance products or has an affiliated business arrangement with a party to a time share resale transaction, this exemption does not apply.
(III) Real estate brokers operating within the scope of activities specified in
section 12-10-201 (6) with respect to a time share resale transaction as long as the real estate broker does not collect a fee in advance. To the extent a real estate broker is engaged in activities outside the scope of activities specified in section 12-10-201 (6), collects an advance fee, or has an affiliated business arrangement with a party to a time share resale transaction, this exemption does not apply.
(11.8) Time share resale service means any of the following activities,
engaged in directly or indirectly and for consideration, regardless of whether performed in person, by mail, by telephone, or by any other mode of internet or electronic communication, unless performed by a person or entity that, pursuant to paragraph (b) of subsection (11.7) of this section, is exempted:
(a) The sale, rental, listing, or advertising of, or an offer to sell, rent, list, or
advertise, any resale time share;
(b) The purchase or offer to purchase any resale time share;
(c) The transfer or offer to assist in the transfer of any resale time share; or
(d) The invalidation or an offer to invalidate the purchase or ownership of any
resale time share or the purchase of any time share resale service.
(11.9) (a) Time share resale transfer agreement means a contract between
a time share resale entity and the owner of a resale time share in which the time share resale entity agrees to transfer, or offers to assist in the transfer, of all or substantially all of the rights or interests in a resale time share on behalf of the owner of the resale time share.
(b) (I) Time share resale transfer agreement does not include a contract to
sell, rent, list, advertise, purchase, or transfer a resale time share if the owner of the resale time share:
(A) Upon entering the contract, reasonably expects to receive consideration
in exchange for the resale time share; and
(B) Upon the actual sale, rental, or transfer of the time share, receives
consideration.
(II) For purposes of this subsection (11.9), a transfer of the resale time share
does not, by itself, constitute consideration.
(12) Trademark means a mark used by a person to identify goods and to
distinguish them from the goods of others.
(13) Trade name means a word, name, symbol, device, or any combination
thereof in any form or arrangement used by a person to identify his business, vocation, or occupation, and to distinguish it from the business, vocation, or occupation of others.
(13.5) Unavoidable delay means inclement weather and other events
outside the control of the buyer or seller.
(14) Used motor vehicle shall have the same meaning as set forth in section
42-6-201 (8), C.R.S.
Source: L. 69: p. 371, � 1. C.R.S. 1963: � 55-5-1. L. 73: p. 619, � 1. L. 84: (4.5)
and (11.5) added, pp. 289, 290, �� 1, 1, effective July 1. L. 85: (4.6) to (4.8) added, p. 306, � 1, effective June 1. L. 87: (2.5) added and (9), (10), and (11.5) amended, p. 356, � 1, effective July 1. L. 88: (4.2) and (4.3) added, p. 341, � 1, effective July 1. L. 90: (2.7) and (11.2) added, p. 380, � 1, effective July 1. L. 92: (5.5) and (14) added, p. 1835, � 1, effective April 29. L. 93: (11.2) repealed, p. 943, � 1, effective July 1. L. 94: (4.6)(d) amended, p. 2721, � 310, effective July 1. L. 98: (4.9) and (13.5) added, p. 746, � 1, effective August 5. L. 2000: (2.7) amended, p. 244, � 1, effective March 30; (4.4) added, p. 1107, � 1, effective August 2. L. 2003: (4.6)(d) amended, p. 699, � 3, effective July 1. L. 2004: (4.1) added and (4.2) and (4.3) amended, p. 967, � 7, effective May 21. L. 2013: (4.3) amended (HB 13-1266), ch. 217, p. 984, � 37, effective May 13; (9.5), (11.7), (11.8), and (11.9) added, (SB 13-182), ch. 166, p. 539, � 1, effective August 7. L. 2017: IP and (5.5) amended, (SB 17-240), ch. 395, p. 2063, � 43, effective July 1. L. 2018: (5.5) amended, (SB 18-030), ch. 7, p. 138, � 5, effective October 1. L. 2019: (11.5) and (11.7)(b)(III) amended, (HB 19-1172), ch. 136, p. 1643, � 7, effective October 1. L. 2020: (2.5) amended, (HB 20-1031), ch. 43, p. 144, � 4, effective September 14. L. 2022: (2.5) amended, (SB 22-139), ch. 149, p. 958, � 3, effective May 2; (4.9) amended, (SB 22-212), ch. 421, p. 2965, � 12, effective August 10. L. 2024: (10) amended, (HB 24-1356), ch. 346, p. 2349, � 1, effective June 3.
Cross references: For the legislative declaration in HB 20-1031, see section 1
of chapter 43, Session Laws of Colorado 2020. For the legislative declaration in SB 22-139, see section 1 of chapter 149, Session Laws of Colorado 2022.
C.R.S. § 6-1-105
6-1-105. Unfair or deceptive trade practices - definitions. (1) A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:
(a) Either knowingly or recklessly passes off goods, services, or property as
those of another;
(b) Either knowingly or recklessly makes a false representation as to the
source, sponsorship, approval, or certification of goods, services, or property;
(c) Either knowingly or recklessly makes a false representation as to
affiliation, connection, or association with or certification by another;
(d) Uses deceptive representations or designations of geographic origin in
connection with goods or services;
(e) Either knowingly or recklessly makes a false representation as to the
characteristics, ingredients, uses, benefits, alterations, or quantities of goods, food, services, or property or a false representation as to the sponsorship, approval, status, affiliation, or connection of a person therewith;
(f) Represents that goods are original or new if he knows or should know that
they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;
(g) Represents that goods, food, services, or property are of a particular
standard, quality, or grade, or that goods are of a particular style or model, if he knows or should know that they are of another;
(h) Disparages the goods, services, property, or business of another by false
or misleading representation of fact;
(i) Advertises goods, services, or property with intent not to sell them as
advertised;
(j) Advertises goods or services with intent not to supply reasonably
expectable public demand, unless the advertisement discloses a limitation of quantity;
(k) Advertises under the guise of obtaining sales personnel when in fact the
purpose is to first sell a product or service to the sales personnel applicant;
(l) Makes false or misleading statements of fact concerning the price of
goods, services, or property or the reasons for, existence of, or amounts of price reductions;
(m) Fails to deliver to the customer at the time of an installment sale of
goods or services a written order, contract, or receipt setting forth the name and address of the seller, the name and address of the organization which he represents, and all of the terms and conditions of the sale, including a description of the goods or services, stated in readable, clear, and unambiguous language;
(n) Employs bait and switch advertising, which is advertising accompanied
by an effort to sell goods, services, or property other than those advertised or on terms other than those advertised and which is also accompanied by one or more of the following practices:
(I) Refusal to show the goods or property advertised or to offer the services
advertised;
(II) Disparagement in any respect of the advertised goods, property, or
services or the terms of sale;
(III) Requiring tie-in sales or other undisclosed conditions to be met prior to
selling the advertised goods, property, or services;
(IV) Refusal to take orders for the goods, property, or services advertised for
delivery within a reasonable time;
(V) Showing or demonstrating defective goods, property, or services which
are unusable or impractical for the purposes set forth in the advertisement;
(VI) Accepting a deposit for the goods, property, or services and
subsequently switching the purchase order to higher-priced goods, property, or services; or
(VII) Failure to make deliveries of the goods, property, or services within a
reasonable time or to make a refund therefor;
(o) Either knowingly or recklessly fails to identify flood-damaged or water-damaged goods as to such damages;
(p) Solicits door-to-door as a seller, unless the seller, within thirty seconds
after beginning the conversation, identifies himself or herself, whom he or she represents, and the purpose of the call;
(p.3) to (p.7) Repealed.
(q) Contrives, prepares, sets up, operates, publicizes by means of
advertisements, or promotes any pyramid promotional scheme;
(r) Advertises or otherwise represents that goods or services are guaranteed
without clearly and conspicuously disclosing the nature and extent of the guarantee, any material conditions or limitations in the guarantee which are imposed by the guarantor, the manner in which the guarantor will perform, and the identity of such guarantor. Any representation that goods or services are guaranteed for life or have a lifetime guarantee shall contain, in addition to the other requirements of this paragraph (r), a conspicuous disclosure of the meaning of life or lifetime as used in such representation (whether that of the purchaser, the goods or services, or otherwise). Guarantees shall not be used which under normal conditions could not be practically fulfilled or which are for such a period of time or are otherwise of such a nature as to have the capacity and tendency of misleading purchasers or prospective purchasers into believing that the goods or services so guaranteed have a greater degree of serviceability, durability, or performance capability in actual use than is true in fact. The provisions of this paragraph (r) apply not only to guarantees but also to warranties, to disclaimer of warranties, to purported guarantees and warranties, and to any promise or representation in the nature of a guarantee or warranty; however, such provisions do not apply to any reference to a guarantee in a slogan or advertisement so long as there is no guarantee or warranty of specific merchandise or other property.
(s) and (t) Repealed.
(u) Fails to disclose material information concerning goods, services, or
property which information was known at the time of an advertisement or sale if such failure to disclose such information was intended to induce the consumer to enter into a transaction;
(v) Disburses funds in connection with a real estate transaction in violation of
section 38-35-125 (2), C.R.S.;
(w) Repealed.
(x) Violates sections 6-1-203 to 6-1-206 or part 7 of this article 1;
(y) Fails, in connection with any solicitation, oral or written, to clearly and
prominently disclose immediately adjacent to or after the description of any item or prize to be received by any person the actual retail value of each item or prize to be awarded. For the purposes of this paragraph (y), the actual retail value is the price at which substantial sales of the item were made in the person's trade area or in the trade area in which the item or prize is to be received within the last ninety days or, if no substantial sales were made, the actual cost of the item or prize to the person on whose behalf any contest or promotion is conducted; except that, whenever the actual cost of the item to the provider is less than fifteen dollars per item, a disclosure that actual cost to the provider is less than fifteen dollars may be made in lieu of disclosure of actual cost. The provisions of this paragraph (y) shall not apply to a promotion which is soliciting the sale of a newspaper, magazine, or periodical of general circulation, or to a promotion soliciting the sale of books, records, audio tapes, compact discs, or videos when the promoter allows the purchaser to review the merchandise without obligation for at least seven days and provides a full refund within thirty days after the receipt of the returned merchandise or when a membership club operation is in conformity with rules and regulations of the federal trade commission contained in 16 CFR 425.
(z) Refuses or fails to obtain all governmental licenses or permits required to
perform the services or to sell the goods, food, services, or property as agreed to or contracted for with a consumer;
(aa) Fails, in connection with the issuing, making, providing, selling, or
offering to sell of a motor vehicle service contract, to comply with the provisions of article 11 of title 42, C.R.S.;
(bb) Repealed.
(cc) Engages in any commercial telephone solicitation which constitutes an
unlawful telemarketing practice as described in section 6-1-304;
(dd) Repealed.
(ee) Intentionally violates any provision of article 10 of title 5, C.R.S.;
(ee.5) to (ff) Repealed.
(gg) Fails to disclose or misrepresents to another person, a secured creditor,
or an assignee by whom such person is retained to repossess personal property whether such person is bonded in accordance with section 4-9-629, C.R.S., or fails to file such bond with the attorney general;
(hh) Violates any provision of article 16 of this title;
(ii) Repealed.
(jj) Represents to any person that such person has won or is eligible to win
any award, prize, or thing of value as the result of a contest, promotion, sweepstakes, or drawing, or that such person will receive or is eligible to receive free goods, services, or property, unless, at the time of the representation, the person has the present ability to supply such award, prize, or thing of value;
(kk) Violates any provision of article 6 of this title;
(ll) Either knowingly or recklessly makes a false representation as to the
results of a radon test or the need for radon mitigation;
(mm) Violates section 35-27-113 (3)(e), (3)(f), or (3)(i), C.R.S.;
(nn) Repealed.
(oo) Fails to comply with the provisions of section 35-80-108 (1)(a), (1)(b), or
(2)(f), C.R.S.;
(pp) Violates article 9 of title 42, C.R.S.;
(qq) Repealed.
(rr) Violates the provisions of part 8 of this article;
(ss) Violates any provision of part 33 of article 32 of title 24 that applies to
the installation of manufactured homes or tiny homes;
(tt) Violates any provision of part 9 of this article;
(uu) Violates section 38-40-105, C.R.S.;
(vv) Violates section 24-21-523 (1)(f) or (1)(i) or 24-21-525 (3), (4), or (5);
(ww) Violates any provision of section 6-1-702;
(xx) Violates any provision of part 11 of this article;
(yy) Repealed.
(zz) Violates any provision of section 6-1-717;
(aaa) Violates any provision of section 12-10-710;
(bbb) Violates any provision of section 12-10-713;
(ccc) Violates the provisions of section 6-1-722;
(ddd) Violates section 6-1-724;
(eee) Violates section 6-1-701;
(fff) Violates section 6-1-723;
(ggg) Violates section 6-1-725;
(hhh) Either knowingly or recklessly represents that hemp, hemp oil, or any
derivative of a hemp plant constitutes retail marijuana or medical marijuana unless it fully satisfies the definition of such products pursuant to section 44-10-103 (34) or (57);
(iii) Either knowingly or recklessly enters into, or attempts to enforce, an
agreement regarding the recovery of an overbid on foreclosed property if the agreement concerns the recovery of funds in the possession of:
(I) A public trustee prior to transfer of the funds to the state treasurer under
section 38-38-111; or
(II) The state treasurer and does not meet the requirements for such an
agreement as specified in section 38-13-1304;
(jjj) Violates section 6-1-726;
(kkk) Repealed.
(lll) Violates article 20 of title 5;
(mmm) Violates section 12-30-112;
(nnn) Violates any provision of part 13 of this article 1 as specified in section
6-1-1311 (1)(c);
(ooo) Violates part 14 of this article 1;
(ppp) Violates section 7-90-314 (1);
(qqq) Violates part 15 of this article 1;
(rrr) Either knowingly or recklessly engages in any unfair, unconscionable,
deceptive, deliberately misleading, false, or fraudulent act or practice;
(sss) Violates this section as it applies to hemp, industrial hemp, industrial
hemp products, intoxicating hemp, adult use cannabis products, the plant cannabis sp., or anything derived from or produced from the plant cannabis sp.;
(ttt) Violates part 4 of article 10.1 of title 40;
(uuu) Violates section 12-10-403.5;
(vvv) Violates section 6-1-733;
(www) Violates section 25-18.9-104;
(xxx) Violates section 12-30-112, 12-30-113, 25-3-121, or 25-3-122;
(yyy) Violates section 25-49-106;
(zzz) Fails to comply with the requirements of section 12-280-142;
(aaaa) Charges, bills, or collects a facility fee or fails to comply with other
provisions relating to facility fees in violation of section 6-20-102 (2) or (3);
(bbbb) Violates section 25.5-1-904;
(cccc) Sells or offers for sale a product or electronic smoking device that is
age-restricted to a person who does not meet the age restriction;
(dddd) Fails to register a mobile home park in violation of section 38-12-1106;
(eeee) Is a towing carrier and conducts a nonconsensual tow in violation of
section 40-10.1-405;
(ffff) Fails to comply with the manufacturer requirements under the insulin
affordability program pursuant to section 12-280-139 or the manufacturer requirements for the emergency supply of prescription insulin pursuant to section 12-280-140;
(gggg) Violates section 6-1-731.5;
(hhhh) Violates part 17 of this article 1;
(iiii) Violates a provision of section 6-1-739;
(jjjj) Violates section 6-1-738;
(kkkk) Violates section 25-5-1602;
(llll) Violates section 42-4-221 (12);
(mmmm) Is a vehicle immobilization company and immobilizes a vehicle in
violation of sections 40-10.1-802 to 40-10.1-812 or section 40-10.1-814;
(nnnn) Violated section 13-16-126;
(oooo) Violates article 29 of this title 6; or
(pppp) Violates part 18 of this article 1.
(2) Evidence that a person has engaged in a deceptive trade practice shall be
prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition.
(3) The deceptive trade practices listed in this section are in addition to and
do not limit the types of unfair trade practices actionable at common law or under other statutes of this state.
(4) As used in this section, unless the context otherwise requires:
(a) Electronic smoking device has the meaning set forth in section 25-14-203 (4.5).
(b) Recklessly means a reckless disregard for the truth or falsity of a
statement or advertisement.
Source: L. 69: p. 372, � 2. C.R.S. 1963: � 55-5-2. L. 71: p. 580, � 1. L. 73: p.
619, � 2. L. 75: (1)(r) added, p. 259, � 1, effective July 1. L. 84: (1)(e) and (1)(g) amended and (1)(s) added, pp. 289, 290, �� 2, 2, effective July 1. L. 85: (1)(t) added, p. 307, � 2, effective June 1. L. 87: (1)(a), (1)(b), (1)(e), (1)(g) to (1)(i), and (1)(l) amended and (1)(s)(V) and (1)(u) added, p. 357, �� 3, 4, effective July 1. L. 88: (1)(n) amended and (1)(v) and (1)(w) added, pp. 341, 1260, �� 2, 2, effective July 1. L. 89: (1)(s)(V) repealed and (1)(y), (1)(z), and (1)(aa) added, pp. 360, 357, �� 4, 1, effective July 7; (1)(x) added, p. 363, � 2, effective January 1, 1990. L. 90: (1)(ee) added, p. 378, � 2, effective April 20; (1)(t)(VI) amended and (1)(bb) to (1)(dd) added, p. 380, � 2, effective July 1. L. 91: (1)(t)(VI) amended and (1)(t)(VII) added, p. 329, � 1, effective May 16; (1)(dd)(I) amended and (1)(dd)(I.5) added, p. 331, � 1, effective June 8. L. 92: IP(1) amended and (1)(ff) added, p. 1835, � 2, effective April 29; IP(1) amended and (1)(gg) added, p. 247, � 2, effective June 1. L. 93: (1)(t)(VI) and (1)(y) amended and (1)(hh) to (1)(ll) added, p. 1571, � 1, effective July 1; (1)(cc) amended, p. 943, � 2, effective July 1; (1)(mm) added, p. 1022, � 3, effective July 1. L. 94: (1)(nn) added, p. 759, � 1, effective April 20; (1)(ee.5) added, p. 94, � 1, effective July 1; (1)(oo) added, p. 1311, � 10, effective July 1; (1)(aa) and (1)(ii) amended, p. 2544, � 14, effective January 1, 1995. L. 96: (1)(p) amended and (1)(p.3) and (1)(ee.7) added, pp. 787, 1787, �� 1, 1, effective July 1. L. 97: (1)(pp) added, p. 865, � 13, effective May 21; (1)(p.5) and (1)(p.7) added, p. 500, � 1, effective July 1; (1)(ee.8) added, p. 406, � 1, July 1. L. 98: (1)(qq) added, p. 746, � 2, effective August 5. L. 99: (1)(p.3), (1)(p.5), (1)(p.7), (1)(s), (1)(t), (1)(w), (1)(bb), (1)(dd), (1)(ee.5), (1)(ee.7), (1)(ee.8), (1)(ff), (1)(ii), and (1)(qq) repealed and (1)(x) amended, pp. 655, 652, �� 14, 3, effective May 18; (1)(qq) amended, p. 897, � 2, effective October 1. L. 2000: (1)(rr) added, p. 867, � 2, effective August 2; (1)(nn)(II) added by revision, pp. 2, 3, �� 1, 6; (1)(ss) added, p. 1162, � 3, effective July 1, 2001. L. 2001: (1)(gg) amended, p. 1445, � 37, effective July 1; (1)(tt) added, p. 1461, � 2, effective August 8. L. 2002: (1)(uu) added, p. 1602, � 3, effective June 7. L. 2003: (1)(ss) amended, p. 550, � 3, effective March 5. L. 2004: (1)(vv) added, p. 181, � 2, effective July 1; (1)(ww) added, p. 407, � 2, effective August 4. L. 2006: (1)(xx) added, p. 1344, � 2, effective May 30. L. 2007: (1)(zz) added, p. 1728, � 5, effective June 1; (1)(aaa) and (1)(bbb) added, p. 1723, � 10, effective June 1; (1)(yy) added, p. 809, � 1, effective July 1. L. 2010: (1)(ccc) added, (SB 10-155), ch. 180, p. 648, � 2, effective August 11. L. 2013: (1)(eee) added, (SB 13-228), ch. 271, p. 1425, � 2, effective May 24; (IP)(1) amended and (1)(ddd) added, (SB 13-215), ch. 399, p. 2335, � 2, effective June 5. L. 2014: (1)(fff) and (1)(ggg) added, (HB 14-1037), ch. 358, p. 1681, � 2, effective August 6. L. 2015: (1)(hhh) added, (SB 15-014), ch. 199, p. 688, � 7, effective May 18; (1)(yy) repealed, (SB 15-264), ch. 259, p. 941, � 7, effective August 5. L. 2016: (1)(jjj) added, (HB 16-1335), ch. 246, p. 1015, � 2, effective July 1; (1)(bbb) amended, (HB 16-1306), ch. 117, p. 331, � 1, effective August 10; (1)(iii) added, (HB 16-1090), ch. 97, p. 276, � 2, effective August 10. L. 2017: (1)(vv) amended, (SB 17-132), ch. 207, p. 808, � 4, effective July 1, 2018. L. 2018: (1)(x) amended, (SB 18-100), ch. 36, p. 392, � 1, effective August 8; (1)(hhh) amended, (HB 18-1023), ch. 55, p. 584, � 4, effective October 1. L. 2019: (1)(a), (1)(b), (1)(c), (1)(e), (1)(o), (1)(ll), (1)(hhh), and (1)(iii) amended and (1)(kkk) and (4) added, (HB 19-1289), ch. 268, p. 2515, � 2, effective May 23; (1)(lll) added, (SB 19-002), ch. 157, p. 1872, � 3, effective August 2; (1)(aaa) and (1)(bbb) amended, (HB 19-1172), ch. 136, p. 1643, � 8, effective October 1; (1)(hhh) amended, (SB 19-224), ch. 315, p. 2935, � 8, effective January 1, 2020; (1)(mmm) added, (HB 19-1174), ch. 171, p. 1982, � 1, effective January 1, 2020; (1)(iii)(II) amended, (SB 19-088), ch. 110, p. 462, � 2, effective July 1, 2020. L. 2021: (1)(nnn) added, (SB 21-190), ch. 483, p. 3465, � 3, effective July 1, 2023. L. 2022: (1)(sss) added, (SB 22-205), ch. 278, p. 2002, � 3, effective May 31; (1)(ss) amended, (HB 22-1242), ch. 172, p. 1135, � 25, effective August 10; (1)(mmm) amended, (HB 22-1284), ch. 446, p. 3151, � 6, effective August 10; (1)(ttt) added, (HB 22-1314), ch. 416, p. 2948, � 12, effective August 10; (1)(kkk) repealed and (1)(rrr) added, (HB 22-1287), ch. 255, p. 1885, � 27, effective October 1; (1)(ooo) added, (HB 22-1099), ch. 21, p. 143, � 2, effective January 1, 2023; (1)(qqq) added, (HB 22-1031), ch. 327, p. 2307, � 1, effective January 1, 2023; (1)(ppp) added, (SB 22-034), ch. 326, p. 2306, � 2, effective February 1, 2023. L. 2023: (1)(xxx) and (1)(yyy) added, (SB 23-093), ch. 152, p. 646, � 6, effective May 4; (1)(aaaa) added, (HB 23-1215), ch. 277, p. 1636, � 3, effective May 30; (1)(cccc) added, (SB 23-176), ch. 275, p. 1627, � 4, effective May 30; (1)(dddd) added, (HB 23-1257), ch. 376, p. 2256, � 2, effective June 5; (1)(uuu) added, (SB 23-077), ch. 50, p. 180, � 2, effective August 7; (1)(vvv) added, (SB 23-037), ch. 61, p. 218, � 1, effective August 7; (1)(www) added, (SB 23-150), ch. 63, p. 227, � 2, effective August 7; (1)(zzz) added, (HB 23-1002), ch.447, p. 2635, � 4, effective August 7; (1)(bbbb) added, (SB 23-252), ch. 305, p. 1864, � 1, effective August 7. L. 2024: (1)(hhhh) added, (SB 24-205), ch. 198, p. 1216, � 2, effective May 17; (1)(cccc) and (4) amended, (HB 24-1356), ch. 346, p. 2349, � 2, effective June 3; (1)(ffff) added, (HB 24-1438), ch. 351, p. 2394, � 1, effective June 3; (1)(cccc) amended and (1)(gggg) added, (SB 24-011), ch. 402, p. 2767, � 3, effective August 7; (1)(eeee) added, (HB 24-1051), ch. 292, p. 1990, � 7, effective August 7. L. 2025: (1)(mmmm) added, (HB 25-1117), ch. 391, p. 2211, � 4, effective June 3; (1)(iiii) added, (SB 25-282), ch. 412, p. 2346, � 3, effective August 6; (1)(jjjj) added, (HB 25-1217), ch. 92, p. 415, � 3, effective August 6; (1)(kkkk) added, (HB 25-1161), ch. 438, p. 2525, � 2, effective August 6; (1)(llll) added, (HB 25-1197), ch. 279, p. 1451, � 3, effective August 6; (1)(nnnn) added, (HB 25-1329), ch. 407, p. 2321, � 2, effective August 6; (1)(oooo) added, (SB 25-071), ch. 313, p. 1637, � 1, effective August 6; (1)(pppp) added, (SB 25-299), ch. 427, p. 2434, � 3, effective August 6.
Editor's note: (1) Subsection (1)(dd)(I)(F) provided for the repeal of subsection
(1)(dd)(I)(F), effective July 1, 1994. (See L. 91, p. 331.) Subsection (1)(nn)(II) provided for the repeal of subsection (1)(nn), effective July 1, 2001. (See L. 2000, p. 3.)
(2) (a) Subsections (1)(p.3), (1)(p.5), (1)(p.7), (1)(s), (1)(t), (1)(w), (1)(bb), (1)(dd),
(1)(ee.5), (1)(ee.7), (1)(ee.8), (1)(ff), (1)(ii), and (1)(qq) were repealed and relocated in 1999 to part 7 of this article.
(b) Subsection (1)(qq) as amended by House Bill 99-1270 was harmonized
with Senate Bill 99-143 and relocated to � 6-1-709, effective October 1, 1999.
(3) Subsection (1)(ww) was originally lettered as (1)(vv) in House Bill 04-1125,
but has been relettered on revision for ease of location.
(4) Section 8(1) of Senate Bill 17-132 was amended by section 121 of Senate
Bill 17-294 to change the effective date of Senate Bill 17-132 from August 9, 2017, to July 1, 2018.
(5) Amendments to subsection (1)(hhh) by HB 19-1289 and SB 19-224 were
harmonized. Amendments to subsection (1)(iii)(II) by HB 19-1289 and SB 19-088 were harmonized.
(6) Subsection (1)(kkk) was lettered as subsection (1)(nnn) in HB 19-1289 but
was relettered on revision for ease of location.
(7) Amendments to subsection (1)(cccc) by SB 24-011 and HB 24-1356 were
harmonized.
(8) Section 5 of chapter 391 (HB 25-1117), Session Laws of Colorado 2025,
provides that the act changing this section applies to violations committed on or after June 3, 2025.
(9) Section 3 of chapter 438 (HB 25-1161), Session Laws of Colorado 2025,
provides that the act changing this section applies to conduct occurring on or after August 6, 2025.
(10) Section 4 of chapter 279 (HB 25-1197), Session Laws of Colorado 2025,
provides that the act changing this section applies to conduct occurring on or after August 6, 2025.
(11) Section 6 of chapter 92 (HB 25-1217), Session Laws of Colorado 2025,
provides that the act changing this section applies to offenses committed on or after August 6, 2025.
Cross references: For the legislative declaration in HB 16-1090, see section 1
of chapter 97, Session Laws of Colorado 2016. For the legislative declaration in SB 19-002, see section 1 of chapter 157, Session Laws of Colorado 2019. For the legislative declaration in HB 23-1002, see section 1 of chapter 447, Session Laws of Colorado 2023. For the legislative declaration in SB 24-011, see section 1 of chapter 402, Session Laws of Colorado 2024. For the legislative declaration in SB 25-299, see section 1 of chapter 427, Session Laws of Colorado 2025. For the legislative declaration in HB 25-1117, see section 1 of chapter 391, Session Laws of Colorado 2025.
C.R.S. § 6-1-110
6-1-110. Restraining orders - injunctions - assurances of discontinuance. (1) Whenever the attorney general or a district attorney has cause to believe that a person has engaged in or is engaging in any deceptive trade practice listed in section 6-1-105 or part 7 or 13 of this article 1, the attorney general or district attorney may apply for and obtain, in an action in the appropriate district court of this state, a temporary restraining order or injunction, or both, pursuant to the Colorado rules of civil procedure, prohibiting the person from continuing the practices, or engaging therein, or doing any act in furtherance thereof. The court may make such orders or judgments as may be necessary to prevent the use or employment by the person of any such deceptive trade practice or that may be necessary to completely compensate or restore to the original position of any person injured by means of any such practice or to prevent any unjust enrichment by any person through the use or employment of any deceptive trade practice.
(2) Where the attorney general or a district attorney has authority to
institute a civil action or other proceeding pursuant to the provisions of this article 1, the attorney general or district attorney may accept, in lieu thereof or as a part thereof, an assurance of discontinuance of any deceptive trade practice listed in section 6-1-105 or part 7 or 13 of this article 1. The assurance may include a stipulation for the voluntary payment by the alleged violator of the costs of investigation and any action or proceeding by the attorney general or a district attorney and any amount necessary to restore to any person any money or property that may have been acquired by the alleged violator by means of any such deceptive trade practice. Any such assurance of discontinuance accepted by the attorney general or a district attorney and any such stipulation filed with the court as a part of any such action or proceeding is a matter of public record unless the attorney general or the district attorney determines, at the discretion of the attorney general or district attorney, that it will be confidential to the parties to the action or proceeding and to the court and its employees. Upon the filing of a civil action by the attorney general or a district attorney alleging that a confidential assurance of discontinuance or stipulation accepted pursuant to this subsection (2) has been violated, the assurance of discontinuance or stipulation becomes a public record and open to inspection by any person. Proof by a preponderance of the evidence of a violation of any such assurance or stipulation constitutes prima facie evidence of a deceptive trade practice for the purposes of any civil action or proceeding brought thereafter by the attorney general or a district attorney, whether a new action or a subsequent motion or petition in any pending action or proceeding.
(3) When the attorney general or a district attorney shows by a
preponderance of evidence that a mortgage broker, mortgage originator, mortgage lender, mortgage loan applicant, real estate broker, real estate agent, real estate appraiser, or closing agent, other than a person who provides closing or settlement services subject to regulation by the division of insurance, has continued to participate in the origination of mortgage loans in violation of section 38-40-105, C.R.S., after having been previously enjoined from practices in violation of such section, the attorney general or district attorney may, in addition to any other remedies, apply for and obtain, in the court that has previously issued an injunction, a further injunction against continuing to participate in the business of originating mortgage loans for up to five years.
(4) In addition to any other remedy available under this section, when the
attorney general or district attorney has cause to believe that a person has engaged in or is engaging in a deceptive trade practice described in section 6-1-720, the attorney general or district attorney may apply for and obtain, in an action in the appropriate district court of this state, an order forfeiting any tickets obtained, or the proceeds from the resale of any such tickets, in violation of section 6-1-720.
Source: L. 69: p. 374, � 7. C.R.S. 1963: � 55-5-7. L. 77: Entire section
amended, p. 349, � 6, effective July 1. L. 86: Entire section amended, p. 446, � 4, effective April 17. L. 87: Entire section amended, p. 358, � 7, effective July 1. L. 88: (2) amended, p. 344, � 2, effective July 1. L. 99: Entire section amended, p. 653, � 6, effective May 18. L. 2002: (3) added, p. 1603, � 4, effective June 7. L. 2007: (3) amended, p. 1723, � 11, effective June 1. L. 2008: (4) added, p. 2230, � 2, effective July 1. L. 2021: (1) and (2) amended, (SB 21-190), ch. 483, p. 3466, � 6, effective July 1, 2023.
C.R.S. § 6-1-1103
6-1-1103. Definitions. As used in this part 11, unless the context otherwise requires:
(1) Associate means a partner, subsidiary, affiliate, agent, or any other
person working in association with a foreclosure consultant or an equity purchaser. Associate does not include a person who is excluded from the definition of an equity purchaser or a foreclosure consultant.
(2) Equity purchaser means a person, other than a person who acquires a
property for the purpose of using such property as his or her personal residence, who acquires title to a residence in foreclosure; except that the term does not include a person who acquires such title:
(a) (Deleted by amendment, L. 2010, (HB 10-1133), ch. 350, p. 1615, � 1,
effective January 1, 2011.)
(b) By a deed in lieu of foreclosure to the holder of an evidence of debt, or an
associate of the holder of an evidence of debt, of a consensual lien or encumbrance of record if such consensual lien or encumbrance is recorded in the real property records of the clerk and recorder of the county where the residence in foreclosure is located prior to the recording of the notice of election and demand for sale required under section 38-38-101, C.R.S.;
(c) By a deed from the public trustee or a county sheriff as a result of a
foreclosure sale conducted pursuant to article 38 of title 38, C.R.S.;
(d) At a sale of property authorized by statute;
(e) By order or judgment of any court;
(f) From the person's spouse, relative, or relative of a spouse, by the half or
whole blood or by adoption, or from a guardian, conservator, or personal representative of a person identified in this paragraph (f);
(g) While performing services as a part of a person's normal business
activities under any law of this state or the United States that regulates banks, trust companies, savings and loan associations, credit unions, insurance companies, title insurers, insurance producers, or escrow companies authorized to conduct business in the state, an affiliate or subsidiary of such person, or an employee or agent acting on behalf of such person; or
(h) As a result of a short sale transaction in which a short sale addendum
form, as promulgated by the Colorado real estate commission, is part of the contract used to acquire a residence in foreclosure and such transaction complies with section 6-1-1121.
(3) Evidence of debt means a writing that evidences a promise to pay or a
right to the payment of a monetary obligation, such as a promissory note, bond, negotiable instrument, a loan, credit, or similar agreement, or a monetary judgment entered by a court of competent jurisdiction.
(4) (a) Foreclosure consultant means a person who does not, directly or
through an associate, take or acquire any interest in or title to a homeowner's property and who, in the course of such person's business, vocation, or occupation, makes a solicitation, representation, or offer to a home owner to perform, in exchange for compensation from the home owner or from the proceeds of any loan or advance of funds, a service that the person represents will do any of the following:
(I) Stop or postpone a foreclosure sale;
(II) Obtain a forbearance from a beneficiary under a deed of trust, mortgage,
or other lien;
(III) Assist the home owner in exercising a right to cure a default as provided
in article 38 of title 38, C.R.S.;
(IV) Obtain an extension of the period within which the home owner may cure
a default as provided in article 38 of title 38, C.R.S.;
(V) Obtain a waiver of an acceleration clause contained in an evidence of
debt secured by a deed of trust, mortgage, or other lien on a residence in foreclosure or contained in such deed of trust, mortgage, or other lien;
(VI) Assist the home owner to obtain a loan or advance of funds;
(VII) Avoid or reduce the impairment of the home owner's credit resulting
from the recording of a notice of election and demand for sale, commencement of a judicial foreclosure action, or due to any foreclosure sale or the granting of a deed in lieu of foreclosure or resulting from any late payment or other failure to pay or perform under the evidence of debt, the deed of trust, or other lien securing such evidence of debt;
(VIII) In any way delay, hinder, or prevent the foreclosure upon the home
owner's residence; or
(IX) Repealed.
(b) The term foreclosure consultant does not include:
(I) A person licensed to practice law in this state, while performing any
activity related to the person's attorney-client relationship with a home owner or any activity related to the person's attorney-client relationship with the beneficiary, mortgagee, grantee, or holder of any lien being enforced by way of foreclosure;
(II) A holder or servicer of an evidence of debt or the attorney for the holder
or servicer of an evidence of debt secured by a deed of trust or other lien on any residence in foreclosure while the person performs services in connection with the evidence of debt, lien, deed of trust, or other lien securing such debt;
(III) A person doing business under any law of this state or the United States,
which law regulates banks, trust companies, savings and loan associations, credit unions, insurance companies, title insurers, insurance producers, or escrow companies authorized to conduct business in the state, while the person performs services as part of the person's normal business activities, an affiliate or subsidiary of any of the foregoing, or an employee or agent acting on behalf of any of the foregoing;
(IV) A person originating or closing a loan in a person's normal course of
business if, as to that loan:
(A) The loan is subject to the requirements of the federal Real Estate
Settlement Procedures Act of 1974, as amended, 12 U.S.C. secs. 2601 to 2617; or
(B) With respect to any second mortgage or home equity line of credit, the
loan is subordinate to and closed simultaneously with a qualified first mortgage loan under sub-subparagraph (A) of this subparagraph (IV) or is initially payable on the face of the note or contract to an entity included in subparagraph (III) of this paragraph (b);
(V) A judgment creditor of the home owner, if the judgment is recorded in the
real property records of the clerk and recorder of the county where the residence in foreclosure is located and the legal action giving rise to the judgment was commenced before the notice of election and demand for sale required under section 38-38-101, C.R.S.;
(VI) A title insurance company or title insurance agent authorized to conduct
business in this state, while performing title insurance and settlement services;
(VII) A person licensed as a real estate broker under article 10 of title 12
while the person engages in any activity for which the person is licensed; or
(VIII) A nonprofit organization that solely offers counseling or advice to home
owners in foreclosure or loan default, unless the organization is an associate of the foreclosure consultant.
(5) Foreclosure consulting contract means any agreement between a
foreclosure consultant and a home owner.
(6) Holder of evidence of debt means the person in actual possession of or
otherwise entitled to enforce an evidence of debt; except that holder of evidence of debt does not include a person acting as a nominee solely for the purpose of holding the evidence of debt or deed of trust as an electronic registry without any authority to enforce the evidence of debt or deed of trust. The following persons are presumed to be the holder of evidence of debt:
(a) The person who is the obligee of and who is in possession of an original
evidence of debt;
(b) The person in possession of an original evidence of debt together with the
proper indorsement or assignment thereof to such person in accordance with section 38-38-101 (6), C.R.S.;
(c) The person in possession of a negotiable instrument evidencing a debt,
which has been duly negotiated to such person or to bearer or indorsed in blank; or
(d) The person in possession of an evidence of debt with authority, which
may be granted by the original evidence of debt or deed of trust, to enforce the evidence of debt as agent, nominee, or trustee or in a similar capacity for the obligee of the evidence of debt.
(7) Home owner means the owner of a dwelling who occupies it as his or
her principal place of residence, including a vendee under a contract for deed to real property, as that term is defined in section 38-35-126 (1)(b), C.R.S.
(8) (a) Except as otherwise provided in paragraph (b) of this subsection (8),
residence in foreclosure means a residence or dwelling, as defined in sections 5-1-201 and 5-1-301, C.R.S., that is occupied as the home owner's principal place of residence and that is encumbered by a residential mortgage loan that is at least thirty days delinquent or in default.
(b) With respect to subpart 3 of this part 11, residence in foreclosure means
a residence or dwelling, as defined in sections 5-1-201 and 5-1-301, C.R.S., that is occupied as the home owner's principal place of residence, is encumbered by a residential mortgage loan, and against which a foreclosure action has been commenced or as to which an equity purchaser otherwise has actual or constructive knowledge that the loan is at least thirty days delinquent or in default.
(9) Short sale or short sale transaction means a transaction in which the
residence in foreclosure is sold when:
(a) A holder of evidence of debt agrees to release its lien for an amount that
is less than the outstanding amount due and owing under such evidence of debt; and
(b) The lien described in paragraph (a) of this subsection (9) is recorded in
the real property records of the county where the residence in foreclosure is located.
Source: L. 2006: Entire part added, p. 1331, � 1, effective May 30. L. 2007:
(4)(b)(IV)(A) amended, p. 2018, � 7, effective June 1. L. 2008: (4)(b)(VII) amended, p. 511, � 29, effective April 17. L. 2009: (8) amended, (HB 09-1109), ch. 39, p. 154, � 1, effective July 1. L. 2010: IP(2), (2)(a), IP(4)(a), (7), and (8) amended and (2)(h) and (9) added, (HB 10-1133), ch. 350, pp. 1615, 1616, �� 1, 2, effective January 1, 2011. L. 2016: (4)(a)(IX) repealed, (HB 16-1090), ch. 97, p. 277, � 3, effective August 10. L. 2019: (4)(b)(VII) amended, (HB 19-1172), ch. 136, p. 1645, � 13, effective October 1.
Cross references: For the legislative declaration in HB 16-1090, see section 1
of chapter 97, Session Laws of Colorado 2016.
SUBPART 2
FORECLOSURE CONSULTANTS
C.R.S. § 6-1-1121
6-1-1121. Short sales - subsequent purchaser - definition. (1) With respect to any short sale transaction in which an equity purchaser intends to resell the residence in foreclosure to a subsequent purchaser, the equity purchaser shall:
(a) Provide full disclosure to the home owner and to the holders of the
evidence of debt on the residence in foreclosure, or such holders' representatives, of the terms of the agreement between the equity purchaser and any subsequent purchaser, including but not limited to the purchase price to be paid by the subsequent purchaser for the residence in foreclosure, which disclosure shall be made within one business day of identifying any such subsequent purchaser and in no event later than closing on the short sale transaction;
(b) Provide full disclosure to any subsequent purchaser and to any
subsequent purchaser's lender, or such lender's representative, at the time of contract with the equity purchaser, of the terms of the agreement between the equity purchaser and the home owner, including but not limited to the purchase price paid by the equity purchaser for the residence in foreclosure;
(c) Comply with all applicable rules adopted by the Colorado real estate
commission with regard to short sales; and
(d) Comply with section 38-35-125, C.R.S.
(2) As used in this section, a subsequent purchaser means any person who
enters into a contract with an equity purchaser prior to the disbursement of the short sale transaction to acquire the residence in foreclosure and who acquires the residence in foreclosure within fourteen days after the disbursement of the short sale transaction.
Source: L. 2010: Entire section added, (HB 10-1133), ch. 350, p. 1618, � 8,
effective January 1, 2011.
PART 12
PEER-TO-PEER CAR SHARING ACT
C.R.S. § 6-1-302
6-1-302. Definitions. As used in this part 3, unless the context otherwise requires:
(1) Commercial telephone seller or seller means a person who, in the
course of such person's business, vocation, or occupation, on the person's own behalf or on behalf of another person, causes or attempts to cause a commercial telephone solicitation to be made; except that commercial telephone seller or seller does not include the following:
(a) A person offering or selling a security as defined in section 11-51-201 (17),
C.R.S., if:
(I) The security is either registered with the securities commissioner under
section 11-51-303 or 11-51-304, C.R.S., exempt from registration under section 11-51-307, C.R.S., or the transaction in the security is exempt under section 11-51-308, C.R.S.; and
(II) The person is licensed by the securities commissioner as a broker-dealer
as defined in section 11-51-201 (2), C.R.S., unless expressly excluded from such definition, or as a sales representative as defined in section 11-51-201 (14), C.R.S., unless expressly excluded from such definition, or such person is exempted from licensing under section 11-51-402, C.R.S.;
(b) (I) A person soliciting the sale of any newspaper, magazine, or other
periodical of general circulation if such sales constitute a majority of such person's business and business revenues; or
(II) A person soliciting the sale of any book, record, audio tape, compact disc,
or video if the person allows the purchaser to review the merchandise without obligation for at least seven days and provides a full refund for the return of undamaged merchandise within thirty days or if the person solicits such sale on behalf of a membership club operating in conformity with 16 CFR 425;
(c) A person making telephone calls to a residential customer for the sole
purpose of polling or soliciting the expression of ideas, opinions, or votes, or a person soliciting solely for a political or religious cause or purpose;
(d) A paid solicitor or charitable organization that is required to and has
complied with the registration, notice, and filing requirements of sections 6-16-104.6 and 6-16-104, respectively, or a person who is excluded from such notice and reporting requirements by section 6-16-103 (7);
(e) A supervised financial organization, as defined in section 5-1-301 (45),
C.R.S., and its employees, when acting within the scope of their employment;
(f) A supervised lender, as defined in section 5-1-301 (46), C.R.S., and its
employees, when acting within the scope of their employment;
(g) A person selling insurance, as defined in section 10-1-102 (12), C.R.S., in
compliance with the requirements of title 10, C.R.S.;
(h) A person soliciting without the intent to complete and who does not in
fact complete the sales transaction during the telephone solicitation or another telephone solicitation and who only completes the sales transaction at a later face-to-face meeting between the solicitor and the prospective purchaser, excluding a face-to-face meeting, the sole purpose of which is to collect the payment or deliver any item purchased, or a person soliciting a purchaser with whom the person has had a previous face-to-face meeting in the course of such person's business;
(i) Any governmental entity or employee thereof, acting in the employee's
official capacity;
(j) A person soliciting telephone service, or licensed or franchised cable
television service, which is billed and paid on a daily, weekly, or monthly basis and which can be canceled at any time without further obligation to the purchaser;
(k) A person or an affiliate of a person whose business is regulated by the
public utilities commission;
(l) A person or an affiliate of a person whose business is regulated by the
real estate commission;
(m) A person whose conduct is within the exclusive jurisdiction of the federal
commodity futures trading commission as granted under the federal Commodity Exchange Act, as amended;
(n) A seller of food for immediate consumption when the sale to one
purchaser does not exceed three hundred dollars;
(o) A person who initially contacts the purchaser with a retail sales catalog
requesting a telephone call response, when the person allows the purchaser to review the merchandise without obligation for at least seven days and provides a full refund for the return of undamaged merchandise within thirty days after receipt of the returned merchandise;
(p) An issuer or a subsidiary of an issuer that has a class of securities which
is subject to section 12 of the federal Securities Exchange Act of 1934, 15 U.S.C. sec. 78l, and which is either registered or exempt from registration under paragraph (A), (B), (C), (E), (F), (G), or (H) of subsection (g)(2) of that section;
(q) A person who has been operating for at least three years a retail business
establishment in Colorado under the same name as that used in connection with the solicitation of sales by telephone if, on a continuing basis, the majority of the seller's business involves the purchaser receiving the seller's goods and services at the seller's business location;
(r) A person who has conducted business for at least three years under the
same name and in the same state and offers potential purchasers satisfaction guaranteed by the sending of the product or providing the service and the purchaser has an unqualified right to review and return or cancel for at least thirty days;
(s) Any telephone marketing service company which provides telemarketing
sales services under written contract to sellers and has been operating continuously for at least five years under the same business name and seventy-five percent or more of its services are performed on behalf of sellers exempt from this section. Nothing in this paragraph (s) shall be construed to exempt any seller that contracts with a telephone marketing service company for telemarketing sales services from the requirements set forth in section 6-1-303 or from the prohibitions set forth in section 6-1-304.
(t) A person soliciting business solely from business purchasers who have
previously purchased identical or similar goods or services from the business enterprise on whose behalf the person is calling.
(2) Commercial telephone solicitation means:
(a) Unsolicited telephone calls to a person initiated by a commercial
telephone seller or salesperson, or an automated dialing machine with or without a recorded message device, for the purpose of inducing the person to purchase or invest in goods, services, or property or offering an extension of credit; or
(b) Any other communication by a commercial telephone seller in which:
(I) A gift, award, or prize is offered and a telephone call response from the
intended purchaser is invited; or
(II) A loan, credit card, or other extension of credit is offered to a purchaser
who has not previously purchased from the person initiating the communication, and a telephone call response from the intended purchaser is invited; or
(III) A sale is to be completed or an agreement to purchase is to be entered
into during the course of the telephone call response; or
(c) Any other communication by a commercial telephone seller which
includes representations about the price, quality, or availability of goods, services, or property and which invites a response by telephone, including pay-per-call service calls, or which is followed by a telephone call to the intended purchaser by a salesperson.
(3) Pay-per-call means the use of a telephone number with a 900 prefix or
any other prefix under which liability for the service or product provided attaches to the telephone bill of the individual calling such number.
(4) Principal means an owner, an officer of a corporation, a general partner
of a partnership, the sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person.
(5) Purchaser means a person who receives or responds to a commercial
telephone solicitation.
(6) Salesperson means any person employed or authorized by a
commercial telephone seller to cause or attempt to cause a commercial telephone solicitation to be made.
(7) Telephone sales transaction means any payment of money by a
purchaser in exchange for the promise of goods, services, property, or an extension of credit by a commercial telephone seller and includes all communications which precede such payment of money.
Source: L. 93: Entire part added, p. 944, � 3, effective July 1; (1)(b)(I) amended,
p. 1573, � 3, effective July 1. L. 97: (1)(s) amended, p. 966, � 1, effective May 21. L. 2000: (1)(e) and (1)(f) amended, p. 1871, � 103, effective August 2. L. 2001: (1)(d) amended, p. 1250, � 9, effective May 9, 2002. L. 2003: (1)(g) amended, p. 613, � 2, effective July 1.
Cross references: For the federal Commodity Exchange Act, see Pub.L. 74-675, codified at 7 U.S.C. � 1 et seq.
C.R.S. § 6-1-717
6-1-717. Influencing a real estate appraisal - deceptive trade practice. (1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, the person:
(a) Knowingly submits a false or misleading appraisal in connection with a
dwelling offered as security for repayment of a mortgage loan; or
(b) Directly or indirectly compensates, coerces, or intimidates an appraiser,
or attempts, directly or indirectly, to compensate, coerce, or intimidate an appraiser, for the purpose of influencing the independent judgment of the appraiser with respect to the value of a dwelling offered as security for repayment of a mortgage loan.
(2) The prohibition referred to in subsection (1) of this section shall not be
construed as prohibiting a person from requesting an appraiser to:
(a) Consider additional, appropriate property information;
(b) Provide further detail, substantiation, or explanation for the appraiser's
value conclusion; or
(c) Correct errors in the appraisal report.
Source: L. 2007: Entire section added, p. 1727, � 4, effective June 1.
C.R.S. § 6-1-721
6-1-721. Like-kind exchanges by exchange facilitators - deceptive trade practice - definitions. (1) Legislative declaration. The general assembly hereby:
(a) Finds that, absent enactment of this section, Colorado has no
requirements for the protection of taxpayers who engage persons or entities that facilitate like-kind exchanges pursuant to 26 U.S.C. sec. 1031; and
(b) Determines that, to protect taxpayers who engage exchange facilitators,
exchange facilitators should meet certain requirements and follow certain procedures.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Affiliated with means that a person directly, or indirectly through one or
more intermediaries, controls, is controlled by, or is under common control with the other specified person.
(b) Colorado property means real property located in Colorado; except that
replacement property need not be located in Colorado.
(c) (I) Exchange facilitator means a person that holds a taxpayer's
exchange funds and that:
(A) For a fee, facilitates an exchange of like-kind Colorado property by
entering into an agreement with a taxpayer by which the exchange facilitator acquires from the taxpayer the contractual rights to sell the taxpayer's relinquished Colorado property and transfer a replacement property to the taxpayer as an exchange facilitator, as is defined in 26 CFR 1.1031(k)-1 (g)(4), or enters into an agreement with a taxpayer to take title to Colorado property as an exchange accommodation titleholder, as that term is defined in federal internal revenue service revenue procedure 2000-37, or enters into an agreement with a taxpayer to act as a qualified trustee or qualified escrow holder, as those terms are defined in 26 CFR 1.1031(k)-1 (g)(3), except as otherwise provided in subparagraph (II) of this paragraph (c); or
(B) Maintains an office in this state for the purpose of soliciting business as
an exchange facilitator regarding Colorado property.
(II) Exchange facilitator does not include:
(A) The taxpayer or disqualified person, as defined under 26 CFR 1.1031(k)-1
(k), seeking to qualify for the nonrecognition provisions of 26 U.S.C. sec. 1031;
(B) A bank, savings bank, savings and loan association, building and loan
association, or credit union; a bank or savings association holding company organized under the laws of any state, the District of Columbia, a territory or protectorate of the United States, or the United States, subject to regulation and supervision by a federal banking agency; an operating subsidiary of such entities; or an employee or exclusive agent of any of such entities, including, without limitation, a subsidiary that is owned or controlled by such entities;
(C) A person who advertises for and teaches seminars or classes for, or gives
presentations to, attorneys, accountants, real estate professionals, tax professionals, or other professionals, where the primary purpose is to teach the professionals about tax-deferred exchanges or train them to act as exchange facilitators;
(D) An exchange facilitator, as defined in 26 CFR 1.1031(k)-1 (g)(4), whose
sole business in this state as an exchange facilitator consists of holding exchange funds from the disposition of relinquished property located outside this state; or
(E) An entity that is wholly owned by an exchange facilitator or is wholly
owned by the owner of an exchange facilitator and is used by that exchange facilitator to facilitate exchanges or to take title to Colorado property as an exchange accommodation titleholder, as defined in federal internal revenue service revenue procedure 2000-37.
(III) For purposes of this paragraph (c), fee means compensation of any
nature, direct or indirect, monetary or in-kind, that is received by a person or a related person as defined in 26 U.S.C. sec. 1031 (f)(3) for any services relating to or incidental to the exchange of like-kind property under 26 U.S.C. sec. 1031.
(d) Like-kind exchange means a section 1031 exchange that is subject to
26 U.S.C. sec. 1031.
(e) Publicly traded company means a corporation whose securities are
publicly traded on a stock exchange that is regulated by the United States securities and exchange commission. The term publicly traded company also includes all subsidiaries of such publicly traded company.
(f) Section 1031 exchange means an exchange conducted pursuant to 26
U.S.C. sec. 1031 that allows investors to defer the tax on capital gains.
(g) Taxpayer exchange funds or exchange funds means money a
taxpayer entrusts to an exchange facilitator.
(3) Deceptive trade practices. A person engages in a deceptive trade
practice when a person acts as an exchange facilitator and:
(a) (I) Except as specified in subparagraph (III) of this paragraph (a), fails to
notify all current clients of any change in control of the exchange facilitator within two business days after the effective date of the change by:
(A) Facsimile, email transmission, or first-class mail; and
(B) Posting such notice on the exchange facilitator's website for a period
ending not sooner than ninety days after the change in control.
(II) The notice required in subparagraph (I) of this paragraph (a) shall specify
the name, address, and other contact information of the transferees.
(III) If the exchange facilitator is a publicly traded company and remains a
publicly traded company after a change in control, the exchange facilitator need not notify its client of the change in control.
(IV) For purposes of this paragraph (a), change in control means any
transfer within twelve months of more than fifty percent of the assets or ownership interests, directly or indirectly, of the exchange facilitator.
(b) (I) Fails to maintain adequate financial assurance and errors and
omissions insurance or deposits. An exchange facilitator may maintain bonds, insurance policies, deposits, or irrevocable letters of credit in excess of the amounts required by this subparagraph (I). An exchange facilitator shall at all times:
(A) Maintain a fidelity bond or bonds executed by an insurer authorized to do
business in this state in the amount of at least one million dollars and maintain a policy of errors and omissions insurance, in an amount of at least two hundred fifty thousand dollars, executed by an insurer authorized to do business in this state;
(B) Deposit an amount of cash or irrevocable letters of credit in an amount of
at least the sum of the amounts specified in sub-subparagraph (A) of this subparagraph (I) in an interest-bearing deposit account or in a money market account with a financial institution of the exchange facilitator's choice, with the interest earned on such account accruing to the exchange facilitator; or
(C) Deposit all exchange funds in a qualified escrow or qualified trust as
those terms are defined under 26 CFR 1.1031(k)-1 (g)(3) with a financial institution and provide that any withdrawals from such qualified escrow or qualified trust require the taxpayer's and the exchange facilitator's written authorization.
(II) A person claiming to have sustained damage by reason of the failure of
an exchange facilitator to comply with this section may file a claim to recover damages from the bond or deposit described in this paragraph (b).
(c) Fails to act as a custodian for all exchange funds, including money,
Colorado property, other consideration, or instruments received by the exchange facilitator from or on behalf of the taxpayer, except funds received as the exchange facilitator's compensation. As used in this paragraph (c), custodian means a person who has the same responsibilities as a fiduciary under Colorado law to protect and preserve assets and shall not mean a person who has the same responsibilities as a fiduciary under Colorado law to increase assets or to accomplish other fiduciary duties. Exchange funds are not subject to execution or attachment on any claim against an exchange facilitator. An exchange facilitator shall not knowingly keep or cause to be kept any money in a financial institution under any name designating the money as belonging to a taxpayer unless the money equitably belongs to the taxpayer and was actually entrusted to the exchange facilitator by the taxpayer. Taxpayer exchange funds in excess of two hundred fifty thousand dollars shall be invested or deposited in such manner as to require both the taxpayer's and the exchange facilitator's commercially reasonable means of authorization for withdrawal, including: The taxpayer's delivery to the exchange facilitator of the taxpayer's authorization to disburse exchange funds, and the exchange facilitator's delivery to the depository of the exchange facilitator's authorization to disburse exchange funds; or delivery to the depository of both the taxpayer's and the exchange facilitator's authorizations to disburse exchange funds. An exchange facilitator shall provide the taxpayer with written notification of the manner in which the exchange funds will be invested or deposited, shall invest or deposit exchange funds for the benefit of the taxpayer in investments that meet a standard of care that an ordinarily prudent investor would use when dealing with the property of another, and shall satisfy investment goals of liquidity and preservation of principal. For purposes of this paragraph (c), a prudent investor standard of care shall be deemed to have been violated if:
(I) A taxpayer's exchange funds are commingled by the exchange facilitator
with the operating accounts of the exchange facilitator or with the exchange funds of another taxpayer; except that an exchange facilitator may aggregate exchange funds. For purposes of this subparagraph (I):
(A) Aggregate means to combine exchange funds of multiple taxpayers for
investment purposes to achieve common investment goals and efficiencies. Exchange funds that have been aggregated into common investments shall be readily identifiable by the financial institution or other regulated investment custodian holding the funds as to each taxpayer for whom they are held through an accounting or subaccounting system.
(B) Commingle means to mix together exchange funds of taxpayers with
other funds belonging to or under the control of the exchange facilitator in such a manner that a taxpayer's exchange funds cannot be distinguished from other funds belonging to or under the control of the exchange facilitator.
(II) Exchange funds are loaned or otherwise transferred to any person or
entity affiliated with the exchange facilitator; except that this subparagraph (II) shall not apply to a transfer or loan made to a financial institution that is the parent of or affiliated with the exchange facilitator or from an exchange facilitator to an exchange accommodation titleholder, as defined in federal internal revenue service revenue procedure 2000-37, as required under the section 1031 exchange contract; or
(III) Exchange funds are invested in a manner that does not provide sufficient
liquidity to meet the exchange facilitator's contractual obligations to the taxpayer and does not preserve the principal of the exchange funds. The deposit of funds in a financial institution exempted from this section pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (c) of subsection (2) of this section shall be deemed to be sufficiently liquid to meet the requirements of this subparagraph (III).
(d) Commits any of the following:
(I) Knowingly makes any material misrepresentation concerning an exchange
facilitator's transaction that is intended to mislead another;
(II) Pursues a continued or flagrant course of misrepresentation or makes
false statements through advertising or otherwise;
(III) Fails, within a reasonable time, to account for any money or property
belonging to others that may be in the possession or under the control of the exchange facilitator;
(IV) Engages in any conduct constituting fraudulent or dishonest dealing;
(V) Is convicted of, or, in the case of an entity, one or more of its owners,
officers, directors, or employees who has access to exchange funds is convicted of, any crime involving fraud, misrepresentation, deceit, embezzlement, misappropriation of funds, robbery, or other theft of property; except that commission of such crime by an officer, director, or employee of an exchange facilitator shall not be considered a violation of this subparagraph (V) if the employment or appointment of the officer, director, or employee has been terminated and no clients of the exchange facilitator were harmed or full restitution has been made to all harmed clients;
(VI) Wilfully fails to fulfill an exchange facilitator's contractual duties to the
taxpayer to deliver property or funds to the taxpayer unless such failure is due to circumstances beyond the control of the exchange facilitator;
(VII) Materially violates this section or aids, abets, or knowingly permits any
person to violate this section;
(VIII) Commits an act that does not meet generally accepted standards of
practice for ordinarily prudent investors or fails to perform an act necessary to meet generally accepted standards of practice for ordinarily prudent investors;
(IX) Fails to keep appropriate business and transaction records, falsifies
such records, or knowingly and wilfully makes incorrect entries of an essential nature on such records; except that an exchange facilitator may dispose of records after a reasonable time pursuant to the exchange facilitator's document retention and document destruction policy;
(X) Is disciplined in any way by a national certifying agency or by a
regulatory agency of another jurisdiction for conduct that relates to the person's employment as an exchange facilitator; or
(XI) Is convicted of or pleads guilty or nolo contendere to a felony or any
crime defined in title 18, C.R.S., that relates to the person's employment as an exchange facilitator. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be prima facie evidence of the conviction or plea.
Source: L. 2009: Entire section added, (HB 09-1254), ch. 116, p. 487, � 1,
effective April 16.
C.R.S. § 6-1-737
6-1-737. Requirement to disclose certain pricing information - landlords and tenants - remedies - rules - definitions. [Editor's note: This section is effective January 1, 2026.]
(1) As used in this section, unless the context otherwise requires:
(a) Clearly and conspicuously or clear and conspicuous means that a
required disclosure is easily noticeable and understandable, including in all of the following ways:
(I) For a communication that is only visual or only audible, the disclosure
must be made through the same means by which the communication is presented;
(II) For a communication that is both visual and audible, such as a television
advertisement, the disclosure must be made simultaneously in both the visual and audible portions of the communication, even if the communication requiring the disclosure is made through only visual or audible means;
(III) For a visual disclosure, the disclosure must be distinguishable by its size,
contrast, and location; the length of time for which it appears; and other characteristics from accompanying text or other visual elements so that it is easily noticeable, readable, and understandable to ordinary persons;
(IV) For an audible disclosure, including by telephone or streaming video, the
disclosure must be delivered in a volume, speed, and cadence sufficient for ordinary persons to easily hear and understand it;
(V) In any communication using an interactive electronic medium, such as the
internet or software, the disclosure must be unavoidable;
(VI) The disclosure uses diction and syntax understandable to ordinary
persons and must appear in each language in which the representation requiring the disclosure appears;
(VII) The disclosure must not be contradicted or mitigated by, or inconsistent
with, anything else in the communication requiring the disclosure; and
(VIII) The disclosure must comply with the requirements of this subsection
(1)(a) for each medium through which it is received by a person, including an electronic device or face-to-face communication.
(b) Common areas has the meaning set forth in section 38-12-502 (2).
(c) Delivery network company has the meaning set forth in section 8-4-126
(1)(c).
(d) (I) Dwelling unit has the meaning set forth in section 38-12-502 (3).
(II) Dwelling unit does not include common areas.
(e) Food and beverage service establishment means:
(I) A retail food establishment, as defined in section 25-4-1602 (14);
(II) An alcoholic beverages drinking places industry, as defined in section 39-26-105 (1.3)(a)(I);
(III) A brew pub, distillery pub, or vintner's restaurant, as those terms are
defined in section 44-3-103; or
(IV) A retail portion of a brewery, distillery, or winery, as those terms are
defined in section 44-3-103, that sells beverages for consumption on the premises.
(f) Government charge means a fee or charge imposed on consumers by a
federal, state, or local government agency, unit, or department, including taxes or fees that are imposed by, paid to, or passed on to a government, including a local government entity or other unit of local government, or a political subdivision of the state, including a government-created special district.
(g) Landlord has the meaning set forth in section 38-12-502 (5).
(h) Mandatory service charge means a mandatory fee, charge, or amount
that a food and beverage service establishment adds to a customer's, guest's, or patron's bill.
(i) Pricing information means information relating to an amount a person
may pay.
(j) Rental agreement has the meaning set forth in section 38-12-502 (7).
(k) Shipping charge means a fee or charge that reflects the actual cost
that a person incurs to send physical goods to a person.
(l) Tenant has the meaning set forth in section 38-12-502 (9).
(m) (I) Total price means the maximum total of all amounts, including fees
and charges, that a person must pay for a good, service, or property, including any additional mandatory goods, services, or properties.
(II) Total price includes all amounts that:
(A) Must be paid to purchase, enjoy, or utilize a good, service, or property; or
(B) Are not reasonably avoidable by the person.
(III) Total price does not include a government charge or shipping charge
unless included at the option of the person offering, displaying, or advertising the good, service, or property.
(2) (a) A person shall not offer, display, or advertise an amount a person may
pay for a good, service, or property unless the person offering, displaying, or advertising the good, service, or property clearly and conspicuously discloses the total price for the good, service, or property as a single number without separating the total price into separate fees, charges, or amounts. The total price for the good, service, or property must be disclosed more prominently than any other pricing information for the good, service, or property.
(b) Notwithstanding any provision of this section to the contrary, a person is
compliant with subsections (2)(a) and (3)(b) of this section if the person does not use deceptive, unfair, and unconscionable acts or practices related to the pricing of goods, services, or property and if the person:
(I) Is a food and beverage service establishment that, in every offer, display,
or advertisement for the purchase of a good or service, includes with the price of the good or service offered, displayed, or advertised a clear and conspicuous disclosure of the percentage or amount of any mandatory service charge and an accurate description of how the mandatory service charge is distributed;
(II) Can demonstrate that the person is offering services for which the total
price of the service cannot reasonably be known at the time of the offer due to factors that determine the total price that are beyond the control of the person offering the service, including factors that are determined by consumer selections or preferences or that relate to distance or time, and clearly and conspicuously discloses:
(A) The factors that determine the total price;
(B) Any mandatory fees associated with the transaction; and
(C) That the total price of the services may vary.
(III) Can demonstrate that the person is governed by and compliant with
applicable federal law, rule, or regulation regarding price transparency for the purposes of the transaction at issue, including, but not limited to:
(A) The federal Truth in Savings Act, 12 U.S.C. sec. 4301 et seq.;
(B) The federal Electronic Fund Transfer Act, 15 U.S.C. sec. 1693 et seq.;
(C) Section 19 of the Federal Reserve Act, 12 U.S.C. sec. 461 et seq., as
amended;
(D) The federal Truth in Lending Act, 15 U.S.C. sec. 1601 et seq.;
(E) The federal Home Ownership and Equity Protection Act, 15 U.S.C. sec.
1639;
(F) The federal Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq.;
(G) The federal Investment Advisers Act of 1940, 15 U.S.C. sec. 80b-1 et
seq.; or
(H) The federal regulation best interest regulation in 17 CFR 240.15l-1
pursuant to the federal Securities Exchange Act of 1934, 15 U.S.C. 78a et seq.;
(IV) Can demonstrate that any fees, costs, or amounts charged in addition to
the total price were:
(A) Associated with settlement services, as defined by the federal Real
Estate Settlement Procedures Act, 12 U.S.C. sec. 2602 (3); and
(B) Not real estate broker commissions or fees;
(V) Can demonstrate that the person is providing broadband internet access
service on their own or as part of a bundle, as defined in 47 CFR 8.1 (b), and is compliant with the broadband consumer label requirements adopted by the federal communications commission in FCC 22-86 on November 14, 2022; or
(VI) Can demonstrate that the person is a cable operator or direct broadcast
satellite provider and is compliant with truth in billing and advertising requirements specified in 47 CFR 76.310.
(c) (I) Notwithstanding any provision of this section to the contrary, a delivery
network company is compliant with subsections (2)(a) and (3)(b) of this section if the delivery network company does not use deceptive, unfair, and unconscionable acts or practices related to the pricing of goods, services, or property and:
(A) Clearly and conspicuously discloses, at the point when a consumer views
and selects a vendor or goods or services for purchase, that an additional flat fee, variable fee, or percentage fee is charged, including the amount of or, in the case of a variable fee that is dependent on consumer selections or distance and time, the factors determining the fee, any mandatory fees associated with the transaction, and that the total price of the services may vary;
(B) Provides an accurate description of the recipients and purposes of the
additional flat fee, variable fee, or percentage fee in concise language; and
(C) Displays, after a consumer selects a vendor or goods or services for
purchase but before completing the transaction, a subtotal page that itemizes the price of the goods or services for purchase and the additional flat fee, variable fee, or percentage fee that is included in the total price.
(II) A delivery network company may display the information required by this
subsection (2)(c) as follows:
(A) By displaying all of the information specified in subsection (2)(c)(I) of this
section on the same page; or
(B) By using concise language displayed via reasonable and accessible
means as defined by the attorney general by rule.
(d) Subsection (2)(a) of this section does not require a landlord or landlord's
agent to include, in the disclosure of the total price for a dwelling unit, the actual cost charged by a utility provider for service to a tenant's dwelling unit.
(3) (a) A person shall not misrepresent the nature and purpose of pricing
information for a good, service, or property, including:
(I) The refundability of an amount charged;
(II) The identity of a good, service, or property for which an amount is
charged;
(III) The recipient of an amount charged for the good, service, or property;
and
(IV) The actual price of the good, service, or property for which an amount is
charged.
(b) Upon offering, displaying, or advertising an amount a person may pay for
a good, service, or property and before a person consents to pay for the good, service, or property, the person offering, displaying, or advertising the good, service, or property shall clearly and conspicuously disclose the nature and purpose of pricing information for the good, service, or property that is not part of the total price for the good, service, or property, including:
(I) The refundability of the amount charged for that good, service, or
property that is not part of the total price;
(II) The identity of that good, service, or property for which an amount is
charged that is not part of the total price; and
(III) The recipient of the amount charged for that good, service, or property
that is not part of the total price.
(4) A landlord or the landlord's agent shall not require a tenant to pay a fee,
charge, or amount:
(a) Related to the provision of utilities that is above the amount charged by
the utility provider for service to the tenant's dwelling unit, except in accordance with section 38-12-801 (3)(a)(VI);
(b) That increases by more than two percent over the course of a rental
agreement of one year or less, except for the cost of utilities provided to the tenant's dwelling unit;
(c) Related to the payment of property taxes;
(d) Related to the processing of rent or other payments if a means of
payment that is cost-free to the tenant is not reasonably accessible by the tenant;
(e) Related to the overdue payment of a fee, charge, or amount that is not
rent;
(f) For a good, service, or property necessary to comply with the
responsibilities or obligations of a landlord or the landlord's agent, including the landlord's responsibility to provide a habitable living environment in accordance with section 38-12-503;
(g) Above the total price of the good, service, or property for which an
amount is charged, except as provided in section 38-12-801 (3)(a)(VI);
(h) For a good, service, or property not actually provided;
(i) For the maintenance of common areas; or
(j) That violates this section.
(5) (a) A person that violates any of the requirements or prohibitions of this
section engages in a deceptive, unfair, and unconscionable act or practice.
(b) (I) In addition to any remedies otherwise provided by law or in equity,
pursuant to a good faith belief that a violation of any provision of this section has occurred in a dispute between a landlord and a tenant over a residential property or a lessor and a lessee of a commercial property, a person aggrieved by a violation may send a written demand to the alleged violator for reimbursement of any fees, charges, or amounts in violation of this section paid by the aggrieved person or a group of similarly situated aggrieved persons, for the actual damages suffered, and for the alleged violator to cease violating this section. The aggrieved person may notify the alleged violator of their refusal to pay any fees, charges, or amounts that violate this section.
(II) If an alleged violator declines to make full legal tender of all fees,
charges, amounts, or actual damages demanded or refuses to cease charging the aggrieved person and those similarly situated the fees, charges, or amounts in violation of this section within fourteen days after the receipt of a written demand sent pursuant to subsection (5)(b)(I) of this section, in addition to any other damages available by law or in equity, the person is liable for actual damages plus an interest rate of eighteen percent per annum compounded annually.
(c) (I) A person aggrieved by a violation of this section does not need to send
a written demand, or satisfy any other pre-suit requirement, before asserting a claim based on a violation of this section.
(II) Nothing in this section limits remedies available elsewhere by law or in
equity.
(6) This section does not apply to a person governed by federal law that
preempts state law.
(7) The attorney general may adopt rules to implement this section.
Source: L. 2025: Entire section added, (HB 25-1090), ch. 94, p. 425, � 2,
effective January 1, 2026.
Editor's note: Section 5 of chapter 94 (HB 25-1090), Session Laws of
Colorado 2025, provides that the act adding this section applies to conduct occurring on or after January 1, 2026.
Cross references: For the legislative declaration in HB 25-1090, see section 1
of chapter 94, Session Laws of Colorado 2025.
C.R.S. § 6-1-803
6-1-803. Prohibited practices and required disclosures. (1) No sponsor shall require a person to pay the sponsor money or any other consideration as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain a prize or information about a prize.
(2) No sponsor shall represent that a person has won or unconditionally will
be the winner of a prize or use language that may lead a person to believe he or she has won a prize, unless all of the following conditions are met:
(a) The person shall be given the prize without obligation;
(b) The person shall be notified at no expense to such person within fifteen
days of winning a prize; and
(c) The representation is not false, deceptive, or misleading.
(3) If a sponsor offers one or more items of the same or substantially the
same value to all or substantially all of the recipients of a prize notice, the sponsor shall not:
(a) Represent that such items are prizes or that the process by which such
items are to be distributed is a sweepstakes or contest, or otherwise represent that such process involves a distribution by chance; or
(b) Represent that the recipient is or has been specially selected unless it is
true.
(4) No sponsor shall represent that a person has been specially selected in
connection with a sweepstakes or contest unless it is true.
(5) No sponsor shall represent that a person may be or may become a winner
of a prize, characterize the person as a possible winner of a prize, or represent that the person will, upon the satisfaction of some condition or the occurrence of some event or other contingency, become the winner of a prize, unless each of the following is clearly and conspicuously disclosed:
(a) The material conditions necessary to make the representation truthful
and not misleading, including but not limited to the conditions that must be satisfied in order for the person to be determined as the winner. All such conditions shall be:
(I) Presented in such a manner that they are an integral part of the
representation and not separated from the remainder of the representation by intervening words, graphics, colors, or excessive blank space;
(II) Made in terms, syntax, and grammar that are as simple and easy to
understand as those used in the representation; and
(III) Presented in such a manner that they appear in the same type size and in
the same type face, color, style, and font as the remainder of the representation.
(b) The fact that the person has not yet won;
(c) The no purchase necessary message;
(d) The retail value of each prize;
(e) The estimated odds of receiving each prize pursuant to paragraph (c) of
subsection (6) of this section;
(f) The true name or names of the sponsor, the address of the sponsor's
actual principal place of business, and the address at which the sponsor may be contacted;
(g) If receipt of a prize is subject to a restriction, a statement that a
restriction applies and a description of the restriction;
(h) The deadline for submission of an entry to be eligible to win each prize;
(i) If a sponsor represents that the person is or has been specially selected,
and if the representation is not prohibited under subsections (3) and (4) of this section, then immediately adjacent to such representation, in the same type size and boldness as the representation, a statement of the maximum number of persons in the group or purported group of persons with this enhanced likelihood of receiving a prize;
(j) The official rules for the sweepstakes or contest.
(6) Unless otherwise provided by subsection (5) of this section, the
information required by subsection (5) of this section shall be presented in the following form:
(a) The information required by paragraphs (b) to (h) of subsection (5) of this
section may be presented either:
(I) Immediately adjacent to the first identification of the prize to which it
refers and in the same type size and boldness as the reference to the prize; or
(II) In a separate section of official rules with a section entitled consumer
disclosure, which title shall be printed in no less than twelve-point, bold-faced type, which section shall contain only a description of the prize, and which text shall be printed in no less than ten-point type.
(b) In addition to the other requirements of this subsection (6), the no
purchase necessary message shall be presented in the official rules and, if the official rules do not appear thereon, on any device by which a person enters a sweepstakes or contest or purchases any goods or services or pays any money in connection with a sweepstakes or contest. The no purchase necessary message included in the official rules shall be set out in a separate paragraph in the official rules and be printed in capital letters in contrasting type face not smaller than the largest type face used in the text of the official rules. If a person is required or allowed to enter the sweepstakes or contest, or purchase any goods or services or pay any money in connection with a sweepstakes or contest, through a telephone call, the no purchase necessary message must be read to the person during the telephone call prior to accepting the entry, purchase, or payment.
(c) The statement of the odds of receiving each prize shall include, for each
prize, the total number of prizes to be given away and the estimated odds of winning each prize based upon the following formula: _ [number of prizes] out of __ prize notices distributed.
(d) All dollar values shall be stated in Arabic numerals and be preceded by a
dollar sign.
(7) No sponsor shall subject sweepstakes or contest entries not
accompanied by an order for products or services to any disability or disadvantage in the winner selection process to which an entry accompanied by an order for products or services would not be subject.
(8) No sponsor shall represent that an entry in a sweepstakes or contest
accompanied by an order for products or services will be eligible to receive additional prizes or be more likely to win than an entry not accompanied by an order for products or services, or that an entry not accompanied by an order for products or services will have a reduced chance of winning a prize in the sweepstakes or contest.
(9) No sponsor shall represent that a person will have an increased chance of
receiving a prize by making multiple or duplicate purchases, payments, or donations, or by entering a sweepstakes or contest more than one time.
(10) No sponsor shall represent that a person is being notified a second or
final time of the opportunity to receive or compete for a prize, unless the representation is true.
(11) No sponsor shall represent that a prize notice is urgent or otherwise
convey an impression of urgency by use of description, narrative copy, phrasing on a mailing envelope, or similar method, unless there is a limited time period in which the recipient must take some action to claim or be eligible to receive a prize, and the date by which such action is required appears immediately adjacent to each representation of urgency in the same type size and boldness as each representation of urgency.
(12) No sponsor shall deliver, or cause to be delivered, a prize notice which is
in the form of, or a prize notice which includes, a document which simulates a bond, check, or other negotiable instrument, unless that document contains a statement that such document is nonnegotiable and has no cash value.
(13) No sponsor shall deliver, or cause to be delivered, a prize notice which:
(a) Simulates or falsely represents that it is a document authorized, issued,
or approved by any court, official, or agency of the United States or any state or by any lawyer, law firm, or insurance or brokerage company; or
(b) Creates a false impression as to its source, authorization, or approval.
(14) No sponsor shall represent that a prize notice is being delivered by any
method other than bulk mail unless that is the case or otherwise misrepresent the manner in which the prize notice is delivered.
(15) In the operation of a sweepstakes or contest, no sponsor shall:
(a) Misrepresent in any manner the likelihood or odds of winning any prize or
misrepresent in any manner the rules, terms, or conditions of participation in a sweepstakes or contest;
(b) Fail to clearly and conspicuously disclose with all contest puzzles and
games all of the following in the rules:
(I) The number of rounds or levels which may be necessary to complete the
contest and determine winners;
(II) Whether future puzzles or games, if any, or tie breakers, if any, will be
significantly more difficult than the initial puzzle;
(III) The date or dates on or before which the contest will terminate and upon
which all prizes will be awarded;
(IV) The method of determining prizewinners if a tie remains after the last tie
breaker puzzle is completed; and
(V) All rules, regulations, terms, and conditions of the contest.
(16) The prohibited practices listed in this section are in addition to and do
not limit the types of unfair trade practices actionable at common law or under other civil and criminal statutes of this state.
(17) No sponsor, requiring a person to respond in any manner to claim a prize,
shall require the person to purchase insurance; except that the sponsor is in no way responsible for applicable state and federal taxes on the prize; and except that a sponsor may require proof of health insurance in order to claim a prize for travel or recreational activities. Such health insurance may not be acquired from the sponsor.
Source: L. 2000: Entire part added, p. 863, � 1, effective August 2. L. 2002:
(17) added, p. 383, � 1, effective April 25.
C.R.S. § 6-1-903
6-1-903. Definitions. As used in this part 9, unless the context otherwise requires:
(1) Caller identification service means a type of telephone service that
permits telephone subscribers to see the telephone number of incoming telephone calls.
(2) Colorado no-call list means the database of Colorado residential
subscribers and wireless telephone service subscribers that have given notice, in accordance with rules promulgated under section 6-1-905, of such subscribers' objection to receiving telephone solicitations.
(3) Conforming consolidated no-call list means any database that includes
telephone numbers of telephone subscribers that do not wish to receive telephone solicitations, if such database has been updated within the prior thirty days to include all of the telephone numbers on the Colorado no-call list.
(4) Conforming list broker means any person or entity that provides lists
for the purpose of telephone solicitation, if such lists shall have removed, at a minimum of every thirty days, any phone numbers that are included on the Colorado no-call list.
(5) Designated agent means the party with which the public utilities
commission contracts under section 6-1-905 (2).
(6) Electronic mail means an electronic message that is transmitted
between two or more computers or electronic terminals. Electronic mail includes electronic messages that are transmitted within or between computer networks.
(7) (a) Established business relationship means a relationship that:
(I) Was formed, prior to the telephone solicitation, through a voluntary, two-way communication between a seller or telephone solicitor and a residential
subscriber or wireless telephone service subscriber, with or without consideration, on the basis of an application, purchase, ongoing contractual agreement, or commercial transaction between the parties regarding products or services offered by such seller or telephone solicitor; and
(II) Has not been previously terminated by either party; and
(III) Currently exists or has existed within the immediately preceding
eighteen months.
(b) Established business relationship, with respect to a financial institution
or affiliate, as those terms are defined in section 527 of the federal Gramm-Leach-Bliley Act, includes any situation in which a financial institution or affiliate makes solicitation calls related to other financial services offered, if the financial institution or affiliate is subject to the requirements regarding privacy of Title V of the federal Gramm-Leach-Bliley Act, and the financial institution or affiliate regularly conducts business in Colorado.
(8) Internet means the international computer network consisting of
federal and nonfederal, interoperable, packet-controlled switched data networks.
(9) Residential subscriber means a person who has subscribed to
residential telephone service with a local exchange provider, as defined in section 40-15-102 (18), C.R.S. Person also includes any other persons living or residing with such person.
(10) (a) Telephone solicitation means any voice, telefacsimile, graphic
imaging, or data communication, including text messaging communication over a telephone line or through a wireless telephone for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services.
(b) Notwithstanding paragraph (a) of this subsection (10), telephone
solicitation does not include communications:
(I) To any residential subscriber or wireless telephone service subscriber
with the subscriber's prior express invitation or permission;
(II) By or on behalf of any person or entity with whom a residential subscriber
or wireless telephone service subscriber has an established business relationship;
(III) For thirty days after a residential subscriber or wireless telephone
service subscriber has contacted a business to inquire about the potential purchase of goods or services or until the subscriber requests that no further calls be made, whichever occurs first;
(IV) By or on behalf of a charitable organization that is required to comply
and that has complied with the notice and reporting requirements of section 6-16-104 or is excluded from such notice and reporting requirements by section 6-16-104 (6);
(V) Made for the sole purpose of urging support for or opposition to a
political candidate or ballot issue; or
(VI) Made for the sole purpose of conducting political polls or soliciting the
expression of opinions, ideas, or votes.
(c) Telephone solicitation includes any communication described in
paragraph (a) of this subsection (10), whether such communication originates from a live operator, through the use of automatic dialing and recorded message equipment, or by other means.
(11) Wireless telephone means a telephone that operates without a
physical, wireline connection to the provider's equipment. The term includes, without limitation, cellular and mobile telephones.
(12) Wireless telephone service subscriber means a person who has
subscribed to a telephone service that does not employ a wireline telephone or that employs both wireline and wireless telephones on the same customer account.
Source: L. 2001: Entire part added, p. 1455, � 1, effective August 8. L. 2003:
(2), (7)(a)(I), (10)(a), (10)(b)(I), (10)(b)(II), and (10)(b)(III) amended and (11) and (12) added, p. 771, � 1, effective March 25. L. 2004: (7)(b) amended, p. 1188, � 7, effective August 4. L. 2008: (10)(b)(IV) amended, p. 1879, � 7, effective August 5.
Cross references: For the Gramm-Leach-Bliley Act, see Pub.L. 106-102.
C.R.S. § 6-1-904
6-1-904. Unlawful to make telephone solicitations to subscribers on the Colorado no-call list - requirements for telephone solicitations generally. (1) (a) No person or entity shall make or cause to be made any telephone solicitation to the telephone of any residential subscriber or wireless telephone service subscriber in this state who has added his or her telephone number and zip code to the Colorado no-call list in accordance with rules promulgated under section 6-1-905.
(b) Any person or entity that makes a telephone solicitation to the telephone
of any residential subscriber or wireless telephone service subscriber in this state shall register in accordance with the provisions of section 6-1-905 (3)(b)(II).
(2) Repealed.
(3) No person or entity that makes a telephone solicitation to the telephone
of a residential subscriber or a wireless telephone service subscriber in this state shall knowingly utilize any method to block or otherwise circumvent such subscriber's use of a caller identification service when that person or entity's service or equipment is capable of allowing the display of the number.
(4) Persons or entities desiring to make telephone solicitations shall update
their copies of the Colorado no-call list, conforming consolidated no-call list, or a list obtained from a conforming list broker within thirty days after the beginning of every calendar quarter, on or after July 1, 2002, or upon the initial availability and accessibility of the Colorado no-call list, whichever is earlier.
Source: L. 2001: Entire part added, p. 1457, � 1, effective August 8. L. 2003:
(1), (2), and (3) amended, p. 772, � 2, effective March 25. L. 2007: (2) repealed, p. 2018, � 6, effective June 1.
C.R.S. § 6-1-905
6-1-905. Establishment and operation of a Colorado no-call list. (1) The Colorado no-call list program is hereby created for the purpose of establishing a database to use when verifying residential subscribers and wireless telephone service subscribers in this state who have given notice, in accordance with rules promulgated under paragraph (b) of subsection (3) of this section, of such subscribers' objection to receiving telephone solicitations. The program shall be administered by the public utilities commission.
(2) Not later than January 1, 2002, the public utilities commission shall
contract with a designated agent, which shall maintain the website and database containing the Colorado no-call list. If no more than one entity bids on the contract, the public utilities commission may award, at its discretion, such contract.
(3) (a) Not later than July 1, 2002, the designated agent, using the designated
state internet website, shall develop and maintain the Colorado no-call list database with information provided by residential subscribers and, as soon as practicable after March 25, 2003, shall include information provided by wireless telephone service subscribers.
(b) The public utilities commission shall establish, by rule, guidelines for the
designated agent for the development and maintenance of the Colorado no-call list so that the no-call list can easily be accessed by persons or entities desiring to make telephone solicitations, and by state and local law enforcement agencies. As soon as practicable after March 25, 2003, the public utilities commission shall promulgate rules that:
(I) Specify that there shall be no cost for a residential subscriber or wireless
telephone service subscriber to provide notification to the designated agent that such subscriber objects to receiving telephone solicitations;
(II) Specify that there shall be an annual registration fee of not more than
five hundred dollars for persons or entities that wish to make telephone solicitations or otherwise access the database of telephone numbers and zip codes contained in the Colorado no-call list database. The public utilities commission shall determine such fee on a sliding scale so that persons or entities with fewer than five employees shall pay no fee. In addition, there shall be no fee charged to conforming list brokers or nonprofit corporations, as defined in section 7-121-401 (26), C.R.S. The maximum fee shall be charged only to persons or entities with more than one thousand employees. Moneys collected from such fees shall cover the direct and indirect costs related to the creation and operation of the Colorado no-call list. Moneys from such fees shall be collected by and paid directly to the designated agent. The public utilities commission shall have the authority to annually adjust the fees below the stated maximum based on revenue history of the fees received by the designated agent. The designated agent shall provide means for online registration and credit card payment of fees charged pursuant to this subparagraph (II). Each such person or entity shall provide a current business name, business address, email address if available, and telephone number when initially registering for the no-call list. This information shall be updated when changes occur.
(III) Specify that the method by which each residential subscriber and
wireless telephone service subscriber may give notice to the designated agent of his or her objection to receiving such solicitations, or may revoke such notice, shall be exclusively by entering the area code, phone number, and zip code of the subscriber directly into the database via the designated state internet website or by using a touch-tone phone to enter the area code, phone number, and zip code of the subscriber via a designated statewide, toll-free telephone number maintained by the designated agent as a part of the Colorado no-call list;
(IV) Specify that the date of every notice received in accordance with
subparagraph (III) of this paragraph (b) be recorded and included as part of the information in the no-call list;
(V) Require the designated agent to provide updated information about the
Colorado no-call list program on the designated state website, subject to supervision by the public utilities commission;
(VI) Prohibit the designated agent or any person or entity collecting
information to be transmitted to the designated agent from making any use or distribution of subscriber information contained in the no-call list except as expressly authorized under this part 9;
(VII) Specify the methods by which additions, deletions, changes, and
modifications shall be made to the Colorado no-call list database and how updates of the database shall be made available to persons or entities desiring such updates. Such methods shall include provisions to remove from the Colorado no-call list, on at least an annual basis, any telephone number that has been disconnected or reassigned.
(VIII) Require the designated agent to maintain an automated, online
complaint system for residential subscribers and wireless telephone service subscribers to report suspected violations over the internet website. The automated, online complaint system shall have the capability to collect, sort, and report suspected violations to the appropriate state enforcement agency electronically for enforcement purposes.
(IX) Specify that the no-call list shall be available on line at the Colorado no-call list website to a person or entity desiring to make telephone solicitations if the
person or entity has registered in accordance with the provisions of subparagraph (II) of this paragraph (b). The list shall be available in a text or other compatible format, at the discretion of the public utilities commission, but shall allow telephone solicitors to select and sort by specific zip codes and telephone area codes. Telephone solicitors and conforming list brokers shall not receive additional compensation for distributing the Colorado no-call list, but are encouraged to freely distribute the Colorado no-call list at no cost.
(X) Specify such other matters relating to the database as the public utilities
commission deems necessary or desirable.
(c) If the federal government establishes one or more official databases of
residential or wireless telephone service subscribers who object to receiving telephone solicitations, the designated agent is authorized to provide appropriate data from the official Colorado no-call list exclusively for inclusion in an official, national do-not-call database. To the extent allowed by federal law, the designated agent shall ensure that the Colorado no-call list includes that portion of an official national do-not-call database that relates to Colorado.
(4) The state shall not be liable to any person for gathering, managing, or
using information in the Colorado no-call list database pursuant to this part 9 and for enforcing the provisions of this part 9.
(5) The designated agent shall not be liable to any person for performing its
duties under this part 9 unless, and only to the extent that, the designated agent commits a willful and wanton act or omission.
(6) As soon as practicable after March 25, 2003, the designated agent shall
update the database, on an ongoing basis, with information provided by residential subscribers, wireless telephone service subscribers, and local exchange providers.
(7) No person shall place the telephone number of another person on the
Colorado no-call list without the authorization of the person to whom the number is assigned.
(8) Repealed.
Source: L. 2001: Entire part added, p. 1457, � 1, effective August 8. L. 2003:
(1), (3)(a), IP(3)(b), (3)(b)(I), (3)(b)(III), (3)(b)(VIII), (3)(c), and (6) amended, p. 773, � 3, effective March 25. L. 2004: (8) repealed, p. 585, � 1, effective August 4.
C.R.S. § 6-10-108
6-10-108. Notice of assignment of realty. Where real property or any interest therein is by deed conveyed to the assignee, the assignee shall forthwith file with the clerk and recorder of each county where the real estate is situated a notice of the assignment, containing the names of the assignor and assignee, the date of the deed of assignment, when and where recorded, and a description of the property in that county affected thereby, and the same shall be constructive notice to a purchaser or encumbrancer of the transfer of the property in said county, described in such notice.
Source: L. 1897: p. 96, � 8. R.S. 08: � 181. C.L. � 6248. CSA: C. 12, � 8. CRS
53: � 11-1-8. C.R.S. 1963: � 11-1-8.
C.R.S. § 6-10-116
6-10-116. Assignee under supervision of court. The assignee shall be subject to the order and supervision of the court at all times, and, by citation or attachment, may be compelled, from time to time, to file reports of his proceedings and the situation and condition of the trust and to proceed in the faithful execution of the duties required by this article, to keep correct books of account open to the inspection of the court or any person or his attorney interested in said estate. All conveyances of real estate and all sales of personal property by the assignee, not in the usual course of business, as conducted by the assignor, shall be approved by the court before such sale shall be valid.
Source: L. 1897: p. 98, � 13. R.S. 08: � 189. C.L. � 6256. CSA: C. 12, � 16. CRS
53: � 11-1-16. C.R.S. 1963: � 11-1-16.
C.R.S. § 7-102-108
7-102-108. Forum selection - definition. (1) The articles of incorporation or the bylaws may require that any or all internal corporate claims must be brought exclusively in any specified court of this state and, if so specified, in any additional courts in this state or in any other jurisdiction with which the corporation has a reasonable relationship.
(2) A provision of the articles of incorporation or bylaws specified in
subsection (1) of this section does not confer jurisdiction on any court or over any person or claim and does not apply if none of the courts specified by the provision has the requisite personal and subject-matter jurisdiction. If a court specified in a provision specified in subsection (1) of this section does not have the requisite personal and subject-matter jurisdiction and another court of this state does have that jurisdiction, the internal corporate claim may be brought:
(a) In the other court of this state, notwithstanding that the other court is not
specified in the provision; and
(b) In any other court specified in the provision that has the requisite
jurisdiction.
(3) No provision of the articles of incorporation or the bylaws may prohibit
bringing an internal corporate claim in the courts of this state or require the claims to be determined by arbitration.
(4) Internal corporate claim means:
(a) Any claim that is based upon a violation of a duty under the laws of this
state by a current or former director, officer, or shareholder in that capacity;
(b) A derivative action or proceeding brought on behalf of the corporation;
(c) An action asserting a claim arising pursuant to any provision of articles
101 to 117 of this title 7, the articles of incorporation, or bylaws; or
(d) An action asserting a claim governed by the internal affairs doctrine that
is not included in subsections (4)(a) to (4)(c) of this section.
Source: L. 2019: Entire section added, (SB 19-086), ch. 166, p. 1926, � 29,
effective July 1, 2020.
ARTICLE 103
Purposes and Powers
Cross references: (1) For definitions applicable to this article, see �� 7-90-102 and 7-101-401.
(2) For conveyance of real estate by corporations, see � 38-30-144.
C.R.S. § 7-103-105
7-103-105. Agent may convey real estate - repeal. (Repealed)
Source: L. 93: Entire article added, p. 749, � 1, effective July 1, 1994. L. 2003:
(2) added by revision, pp. 2356, 2357, �� 347, 348.
Editor's note: Subsection (2) provided for the repeal of this section, effective
July 1, 2004. (See L. 2003, pp. 2356, 2357.)
C.R.S. § 7-121-401
7-121-401. General definitions. As used in articles 121 to 137 of this title 7, unless the context otherwise requires:
(1) (Deleted by amendment, L. 2003, p. 2332, � 280, effective July 1, 2004.)
(2) Articles of incorporation includes amended articles of incorporation,
restated articles of incorporation, and other instruments, however designated, on file in the records of the secretary of state that have the effect of amending or supplementing in some respect the original or amended articles of incorporation, and shall also include:
(a) For a corporation created by special act of the general assembly or
pursuant to general law, which corporation has elected to accept the provisions of articles 121 to 137 of this title, the special charter and any amendments thereto made by special act of the general assembly or pursuant to general law prior to the corporation's election to accept the provisions of said articles;
(b) For a corporation formed or incorporated under article 40, 50, or 51 of
this title, which corporation has elected to accept the provisions of articles 121 to 137 of this title, the certificate of incorporation or affidavit and any amendments thereto made prior to the corporation's election to accept the provisions of said articles.
(3) (Deleted by amendment, L. 2003, p. 2332, � 280, effective July 1, 2004.)
(4) Board of directors means the body authorized to manage the affairs of
the domestic or foreign nonprofit corporation; except that no person or group of persons are the board of directors because of powers delegated to that person or group of persons pursuant to section 7-128-101 (2).
(5) Bylaws means the code or codes of rules, other than the articles of
incorporation, adopted pursuant to articles 121 to 137 of this title for the regulation or management of the affairs of the domestic or foreign nonprofit corporation irrespective of the name or names by which such rules are designated, and includes amended bylaws and restated bylaws.
(6) Cash and money are used interchangeably in articles 121 to 137 of this
title. Each of these terms includes:
(a) Legal tender;
(b) Negotiable instruments readily convertible into legal tender; and
(c) Other cash equivalents readily convertible into legal tender.
(7) Class refers to a group of memberships that have the same rights with
respect to voting, dissolution, redemption, and transfer. For the purpose of this section, rights shall be considered the same if they are determined by a formula applied uniformly to a group of memberships.
(8) (Deleted by amendment, L. 2000, p. 982, � 76, effective July 1, 2000.)
(9) Corporation or domestic corporation means a corporation for profit,
which is not a foreign corporation, incorporated under or subject to the provisions of articles 101 to 117 of this title.
(10) Delegate means any person elected or appointed to vote in a
representative assembly for the election of a director or directors or on other matters.
(11) (Deleted by amendment, L. 2003, p. 2332, � 280, effective July 1, 2004.)
(12) Director means a member of the board of directors.
(13) Distribution means the payment of a dividend or any part of the income
or profit of a corporation to its members, directors, or officers.
(14) (Deleted by amendment, L. 2003, p. 2332, � 280, effective July 1, 2004.)
(15) Effective date of notice has the meaning set forth in section 7-121-402.
(16) Employee includes an officer but not a director; except that a director
may accept duties that make said director also an employee.
(16.5) Entrance fee means any fee or charge, including a damage deposit,
paid by a person to a residential nonprofit corporation in order to become a resident member. Entrance fee does not include regular periodic payments for the purchase or lease of residential real estate or for the day-to-day use of facilities or services.
(17) to (20) (Deleted by amendment, L. 2003, p. 2332, � 280, effective July 1,
2004.)
(21) Internal revenue code means the federal Internal Revenue Code of
1986, as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States of America.
(22) and (23) (Deleted by amendment, L. 2003, p. 2332, � 280, effective July
1, 2004.)
(24) Member means any person or persons identified as such in the articles
of incorporation or bylaws pursuant to a procedure stated in the articles of incorporation or bylaws or by a resolution of the board of directors. The term member includes voting member and a stockholder in a cooperative housing corporation formed pursuant to section 38-33.5-101, C.R.S.
(25) Membership refers to the rights and obligations of a member or
members.
(25.5) Mutual ditch company means a nonprofit corporation that complies
with article 42 of this title.
(26) Nonprofit corporation or domestic nonprofit corporation means an
entity, which is not a foreign nonprofit corporation, incorporated under or subject to the provisions of articles 121 to 137 of this title.
(27) to (29) (Deleted by amendment, L. 2003, p. 2332, � 280, effective July 1,
2004.)
(30) Receive, when used in reference to receipt of a writing or other
document by a domestic or foreign nonprofit corporation, means that the writing or other document is actually received:
(a) By the domestic or foreign nonprofit corporation at its registered office or
at its principal office;
(b) By the secretary of the domestic or foreign nonprofit corporation,
wherever the secretary is found; or
(c) By any other person authorized by the bylaws or the board of directors to
receive such writings, wherever such person is found.
(31) Record date means the date, established under article 127 of this title,
on which a nonprofit corporation determines the identity of its members. The determination shall be made as of the close of business on the record date unless another time for doing so is stated when the record date is fixed.
(32) (Deleted by amendment, L. 2003, p. 2332, � 280, effective July 1, 2004.)
(32.5) Residential member means a member of a residential nonprofit
corporation whose status as a member is dependent upon, or whose membership is accorded voting rights as a result of, owning or leasing specified residential real estate.
(33) (Deleted by amendment, L. 2003, p. 2332, � 280, effective July 1, 2004.)
(33.5) (a) Except as otherwise provided in paragraph (b) of this subsection
(33.5), residential nonprofit corporation means a nonprofit corporation that has residential members.
(b) Notwithstanding subsection (33.5)(a) of this section, residential
nonprofit corporation does not include:
(I) A unit owners' association or any other entity subject to the Colorado
Common Interest Ownership Act, article 33.3 of title 38, C.R.S., regardless of whether it was formed before, on, or after July 1, 1992;
(II) A nursing care facility licensed by the department of public health and
environment under section 25-3-101, C.R.S.;
(III) An assisted living residence licensed under section 25-3-101, C.R.S.;
(IV) A life care institution regulated under article 49 of title 11; or
(V) A continuing care retirement community, as described in section 25.5-4-402.4 (4.5)(d)(II)(A), operated by an entity that is licensed or otherwise subject to
state regulation.
(34) Secretary means the corporate officer to whom the bylaws or the
board of directors has delegated responsibility under section 7-128-301 (3) for the preparation and maintenance of minutes of the meetings of the board of directors and of the members and of the other records and information required to be kept by the nonprofit corporation under section 7-136-101 and for authenticating records of the nonprofit corporation.
(35) to (37) (Deleted by amendment, L. 2003, p. 2332, � 280, effective July 1,
2004.)
(38) Vote includes authorization by written ballot and written consent.
(39) Voting group means all the members of one or more classes of
members or directors that, under articles 121 to 137 of this title or the articles of incorporation or bylaws, are entitled to vote and be counted together collectively on a matter. All members or directors entitled by articles 121 to 137 of this title or the articles of incorporation or bylaws to vote generally on the matter are for that purpose a single voting group.
(40) Voting member means any person or persons who on more than one
occasion, pursuant to a provision of a nonprofit corporation's articles of incorporation or bylaws, have the right to vote for the election of a director or directors. A person is not a voting member solely by virtue of any of the following:
(a) Any rights such person has as a delegate;
(b) Any rights such person has to designate a director or directors; or
(c) Any rights such person has as a director.
Source: L. 97: Entire article added, p. 652, � 3, effective July 1, 1998. L. 98:
(24) amended, p. 622, � 24, effective July 1. L. 2000: (3) and (8) amended, p. 982, � 76, effective July 1. L. 2002: (14) amended, p. 1859, � 158, effective July 1; (14) amended, p. 1719, � 132, effective October 1. L. 2003: (1), (2)(b), (3), (11), (14), (17), (18), (19), (20), (22), (23), (24), (27), (28), (29), (31), (32), (33), (34), (35), (36), and (37) amended, p. 2332, � 280, effective July 1, 2004. L. 2004: IP(2) amended, p. 1509, � 290, effective July 1. L. 2006: IP(2) amended and (25.5) added, p. 881, �� 77, 78, effective July 1. L. 2011: (16.5), (32.5), and (33.5) added, (HB 11-1110), ch. 22, p. 54, � 1, effective March 11. L. 2017: IP, IP(33.5)(b), and (33.5)(b)(IV) amended, (SB 17-226), ch. 159, p. 588, � 3, effective August 9. L. 2025: (33.5)(b)(V) amended, (SB 25-270), ch. 151, p. 604, � 10, effective May 1.
Cross references: For additional definitions applicable to this article, see � 7-90-102.
C.R.S. § 7-40-101
7-40-101. Who may organize - certificate - fees. (1) (a) Any three or more persons, who may or may not be residents of the state of Colorado, may associate themselves together to establish a corporation not for profit for any lawful business or to promote any legitimate object or purpose and may make, sign, and acknowledge and file in the office of the secretary of state of the state of Colorado and record in the office of the recorder of each county in which said corporation owns real estate in the state of Colorado a certificate in writing, setting forth the name of such corporation, the business, objects, or purposes for which it is formed, and the names of the first directors, trustees, or managers. The department of revenue shall collect a fee of five dollars for filing said certificate.
(b) Notwithstanding the amount specified for the fee in paragraph (a) of this
subsection (1), the executive director of the department of revenue by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.
(2) The provisions of this article shall not apply to any nonprofit corporation
formed after December 31, 1967, nor shall they apply to any corporation not for profit formed prior to January 1, 1968, which is subject to the provisions of articles 121 to 137 of this title.
Source: G.L. � 224. G.S. � 367. R.S. 08: � 1013. C.L. � 2379. L. 31: p. 248, � 22.
CSA: C. 41, � 172. L. 51: p. 282, � 1. CRS 53: � 31-20-1. C.R.S. 1963: � 31-19-1. L. 67: p. 658, � 10. L. 68: p. 2, � 2. L. 97: (2) amended, p. 756, � 7, effective July 1, 1998. L. 98: (1) amended, p. 1320, � 14, effective June 1.
C.R.S. § 7-40-105
7-40-105. Amendments - where filed - fees. (1) (a) All amendments to the certificate of incorporation shall be filed in the office of the secretary of state of Colorado and recorded in the office of the recorder of each county in which said corporation owns real estate in the state of Colorado. The department of revenue shall collect a fee of five dollars for the filing of each amendment.
(b) Notwithstanding the amount specified for the fee in paragraph (a) of this
subsection (1), the executive director of the department of revenue by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S.
(2) If a true copy of the certificate of incorporation of the corporation or any
amendment to the certificate is presented to the secretary of state with a request that the same be certified, the secretary of state shall certify the same for a fee that shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., which certificate or amendment shall contain, in addition to the usual statement, a statement that the same is a true copy of the original certificate or amendment, as the case may be, on file in the records of the secretary of state and a statement as to the date of filing of the original certificate or amendment.
Source: L. 51: p. 283, � 4. CSA: C. 41, � 175(2). CRS 53: � 31-20-5. C.R.S.
1963: � 31-19-5. L. 83: (2) amended, p. 869, � 19, effective July 1. L. 98: (1) amended, p. 1321, � 15, effective June 1. L. 2003: (2) amended, p. 2204, � 7, effective July 1, 2004. L. 2004: (2) amended, p. 1399, � 2, effective July 1.
C.R.S. § 7-43-102
7-43-102. Certificate for pipeline companies. Whenever any three or more persons associate under the provisions of law to form a corporation for the purpose of constructing a pipeline for the conveyance of gas, water, or oil, they, in the articles of incorporation, in addition to the matters otherwise required, shall state the places from and to which it is intended to construct the proposed line. Any pipeline corporation formed under the provisions of law shall have the right-of-way over the line named in the articles and shall also have the right to convey gas, water, or oil by said line, as stated in the articles, through lands of the state of Colorado and lands of any persons, and to erect pump stations, storage tanks, and other buildings necessary for such business. If a corporation is unable to agree with the persons owning any of the lands for the purchase of any real estate required for the purpose of any such corporation or company, or the transaction of the business of the same, or for right-of-way, or any other lawful purpose connected with or necessary to the operation of said company, the corporation may acquire such title in the manner provided by law.
Source: L. 1891: p. 94, � 1. R.S. 08: � 999. C.L. � 2366. CSA: C. 41, � 154. CRS
53: � 31-15-2. C.R.S. 1963: � 31-15-2. L. 69: p. 218, � 2. L. 2003: Entire section amended, p. 2207, � 21, effective July 1, 2004. L. 2008: Entire section amended, p. 22, � 14, effective August 5.
Cross references: For the power of pipeline companies to exercise the power
of eminent domain, see � 38-2-101; for pipeline company rights-of-way, see � 38-4-102.
C.R.S. § 7-50-102
7-50-102. Affidavit of chairperson. (1) The chairperson or secretary of such meeting, within a reasonable time after the meeting, shall file in the office of the secretary of state an affidavit substantially in the following form:
STATE OF COLORADO )
) ss.
County of ................................................)
I do solemnly swear (or affirm) that at a meeting of the members of the (here
insert the name used by the church, congregation, or society before the incorporation) held at .........., in the county of .........., and State of Colorado, on the ........ day of ........, A.D. 20...., the following persons (here insert the names) were elected, appointed, or selected as members of the governing board (under whatever title the organization designates said members, whose powers and duties are similar to those of trustees or directors of a corporation organized for profit), adopted as its corporate name (here insert the name), and at said meeting this affiant acted as chairperson (or secretary, as the fact may be).
...............................................
(Name of affiant)
Subscribed and sworn to before me this ............. day of ........., A.D. 20....
(2) A fee that shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., shall be charged for filing the affidavit of incorporation. When a true
copy of such affidavit is presented to the secretary of state, the secretary of state shall certify it for a fee that shall be determined and collected pursuant to section 24-21-104 (3), C.R.S., as a true copy of the original affidavit on file in the records of the secretary of state, showing the date the original affidavit was filed.
(3) A certified copy of such affidavit shall be recorded in the office of the
clerk and recorder of the county in which the corporation was organized and also in every county in which the corporation owns real estate. The affidavit of incorporation may also contain other provisions for the management and conduct of the affairs of the corporation, creating, defining, limiting, and regulating the powers of the corporation, the governing board, officers, and members thereof.
Source: G.L. � 230. L. 1879: p. 32, � 1. G.S. � 373. R.S. 08: � 1019. C.L. � 2385.
L. 31: p. 249, � 24. CSA: C. 41, � 178. CRS 53: � 31-21-2. L. 55: p. 240, � 2. C.R.S. 1963: � 31-20-2. L. 83: (2) amended, p. 870, � 22, effective July 1. L. 2003: (2) and (3) amended, p. 2212, � 40, effective July 1, 2004. L. 2004: (1) and (2) amended, p. 1405, � 21, effective July 1.
C.R.S. § 7-50-106
7-50-106. Property vests in corporation. Upon the due and lawful incorporation of any congregation, parish, church, or society, such corporation shall be entitled to all the real and personal property held by any person or trustees in trust for the use of the members thereof and immediately upon incorporation shall be entitled to a deed of conveyance to be executed by the person holding such property in trust, in order to vest the title thereto in the corporation. Such deed of conveyance shall state the object and purposes of the trust to be carried out according to the purpose and intent of its creation, which deed shall be recorded after the manner of conveyances in general, so that the title and trust declared may duly appear of record. Any self-supporting congregation, parish, church, or society may vest its real estate and personal property in such general incorporations as are provided for in section 7-50-109; except that, if the authorities of any church, sect, or religious body have caused a corporation to be formed for general missions and other purposes, as provided in this article, and it is in accordance with the usages and customs of the church, sect, or religious body to vest the property of mission stations in such corporation, then all such property that may have been held by any person or trustees for the use of the mission stations shall be vested in said general corporation; and whenever any mission station, from change of population or other cause, is suspended or abandoned, the general corporation, in its discretion, may sell or otherwise dispose of all such mission property, the proceeds of such sale or disposal to be used for the benefit of said church, sect, or religious body in the state of Colorado.
Source: G.L. � 232. L. 1881: p. 65, � 1. G.S. � 375. R.S. 08: � 1023. C.L. � 2389.
CSA: C. 41, � 182. CRS 53: � 31-21-6. C.R.S. 1963: � 31-20-6. L. 2003: Entire section amended, p. 2212, � 43, effective July 1, 2004.
C.R.S. § 7-50-112
7-50-112. Amendment filed before effective. (1) When the affidavit of incorporation is amended, a copy of the amendment shall be delivered to the secretary of state, for filing pursuant to part 3 of article 90 of this title, and upon such filing, the amendment shall become effective.
(2) (Deleted by amendment, L. 2002, p. 1812, � 10, effective July 1, 2002; p.
1676, � 8, effective October 1, 2002.)
(3) A certified copy of the amendment shall be recorded in the office of the
clerk and recorder of the county in which the organization was organized and also in each county in which the corporation owns real estate.
Source: L. 07: p. 312, � 2. R.S. 08: � 1032. C.L. � 2398. L. 31: p. 251, � 25. CSA:
C. 41, � 195. CRS 53: � 31-21-12. L. 55: p. 242, � 4. C.R.S. 1963: � 31-20-12. L. 83: (2) amended, p. 870, � 23, effective July 1. L. 2002: Entire section amended, p. 1812, � 10, effective July 1; entire section amended, p. 1676, � 8, effective October 1. L. 2003: (3) amended, p. 2213, � 45, effective July 1, 2004.
C.R.S. § 7-50-114
7-50-114. Dissolution. When a majority of the members of any corporation organized pursuant to this article vote to dissolve the corporation, the corporation shall deliver to the secretary of state, for filing pursuant to part 3 of article 90 of this title, an affidavit of dissolution. Such affidavit shall state that all the debts of the corporation are fully paid or provided for. When such affidavit has been filed, the corporation shall be forever dissolved. The president shall obtain from the secretary of state a certified copy of the affidavit showing the filing date and shall record a copy thereof in the office of the clerk and recorder of the county in which the corporation was organized and also in every county in which the corporation owns real estate.
Source: L. 55: p. 242, � 5. CRS 53: � 31-21-14. C.R.S. 1963: � 31-20-14. L. 83:
Entire section amended, p. 870, � 24, effective July 1. L. 2002: Entire section amended, p. 1812, � 12, effective July 1; entire section amended, p. 1677, � 10, effective October 1. L. 2003: Entire section amended, p. 2213, � 46, effective July 1, 2004.
ARTICLE 51
Joint Stock Religious or Benevolent Associations
Cross references: For definitions applicable to this article, see � 7-90-102.
C.R.S. § 7-55-115
7-55-115. Exemption from securities laws. Any security, patronage refund, per unit retain certificate, or evidence of membership issued or sold by a cooperative association as an investment in its stock or capital to the members of a cooperative association formed under this article or a similar law of any other state and authorized to transact business or conduct activities in this state is exempt from securities laws as contained in article 51 of title 11, C.R.S. Such securities, patronage refunds, per unit retain certificates, or evidence of membership may be sold lawfully by the issuer or its members or salaried employees without the necessity of being registered as a broker or dealer under the Colorado Securities Act, article 51 of title 11, C.R.S.
Source: L. 73: R&RE, p. 433, � 1. C.R.S. 1963: � 30-1-15. L. 75: Entire section
amended, p. 272, � 2, effective June 29. L. 84: Entire section amended, p. 1116, � 1, effective June 7. L. 90: Entire section amended, p. 740, � 2, effective July 1. L. 96: Entire section amended, p. 546, � 12, effective July 1. L. 2003: Entire section amended, p. 2218, � 61, effective July 1, 2004.
C.R.S. § 7-56-509
7-56-509. Exemption from securities laws. Any security, patronage refund, per unit retain certificate, capital credit, evidence of membership, preferred equity certificate, or other equity instrument issued, sold, or reported by a cooperative as an investment in its stock or capital to the patrons of a cooperative formed under or subject to this article or a similar law of any other jurisdiction and authorized to transact business or conduct activities in this state is exempt from the securities laws contained in the Colorado Securities Act, article 51 of title 11, C.R.S. Such securities, patronage refunds, per unit retain certificates, capital credits, or evidences of membership, preferred equity certificates or other equity instruments may be issued, sold, or reported lawfully by the issuer or its directors, officers, members, or salaried employees without the necessity of the issuer or its directors, officers, members, or employees being registered as brokers or dealers under the Colorado Securities Act, article 51 of title 11, C.R.S.
Source: L. 96: Entire article R&RE, p. 512, � 1, effective July 1. L. 2003: Entire
section amended, p. 2229, � 93, effective July 1, 2004.
Editor's note: This section is similar to former � 7-55-115 as it existed in 1996.
C.R.S. § 7-56-606
7-56-606. Effect of merger, conversion, consolidation, or share or equity capital exchange. (1) The effect of a merger is determined by section 7-90-204.
(2) The effect of a conversion is determined by section 7-90-202.
(3) When a consolidation takes effect:
(a) Each nonsurviving party to the consolidation consolidates into the
surviving party, and the separate existence of every party to the consolidation except the surviving party ceases;
(b) The title to all real estate and other property owned by each nonsurviving
party is transferred to and vested in the surviving party without reversion or impairment. Such transfer to and vesting in the surviving party shall be deemed to occur by operation of law, and no consent or approval of any other person shall be required in connection with any such transfer or vesting unless such consent or approval is specifically required in the event of consolidation by law or by express provision in any contract, agreement, decree, order, or other instrument to which any of the parties so consolidated is a party or by which it is bound.
(c) The surviving party has all liabilities of each party to the consolidation;
(d) A proceeding pending against any party to the consolidation may be
continued as if the consolidation did not occur or the surviving party may be substituted in the proceeding for the party whose existence ceased;
(e) The articles of the surviving party are amended to the extent provided in
the plan of consolidation; and
(f) The shares of each such party to the consolidation that are to be
converted into shares, obligations, or other securities of the surviving or any other party or into money or other property are converted, and the former holders of the shares or equity capital are entitled only to the rights provided in the statement of consolidation.
(4) When a share or equity capital exchange takes effect, the shares or
equity capital of each acquired party are exchanged as provided in the plan, and the former holders of the shares or equity capital are entitled only to the exchange rights provided in the articles of share or equity capital exchange.
Source: L. 96: Entire article R&RE, p. 515, � 1, effective July 1. L. 2004: (1)
amended, p. 1416, � 57, effective July 1. L. 2007: Entire section amended, p. 220, � 6, effective May 29.
Editor's note: This section is similar to former �� 7-55-112, 7-56-108, 7-56-121, and 7-56-126 as they existed prior to 1996.
C.R.S. § 7-58-1009
7-58-1009. Relation to state securities law. Any security, patronage refund, per unit retain certificate, capital credit, evidence of membership, preferred equity certificate, or other equity instrument issued, sold, or reported by a limited cooperative association as an investment in its stock or capital to the patron members of the association or by an entity subject to this article or a similar law of any other jurisdiction and authorized to transact business or conduct activities in this state is exempt from the securities laws contained in the Colorado Securities Act, article 51 of title 11, C.R.S. Such securities, patronage refunds, per unit retain certificates, capital credits, or evidences of membership, preferred equity certificates, or other equity instruments may be issued, sold, or reported to patron members of the association or entity lawfully by the issuer or its directors, officers, members, or salaried employees without the necessity of the issue or its directors, officers, members, or employees being registered as brokers or dealers under the Colorado Securities Act, article 51 of title 11, C.R.S.
Source: L. 2011: Entire article added, (SB 11-191), ch. 197, p. 801, � 1, effective
April 2, 2012.
C.R.S. § 8-40-301
8-40-301. Scope of term employee - definition. (1) (a) Employee excludes any person employed by a passenger tramway area operator, as defined in section 12-150-103 (1), or other employer, while participating in recreational activity, who at such time is relieved of and is not performing any duties of employment, regardless of whether such person is utilizing, by discount or otherwise, a pass, ticket, license, permit, or other device as an emolument of employment.
(b) (I) Employee excludes any person employed by an out-of-state
employer performing incidental work in Colorado where the employee is covered at the time of injury under the workers' compensation act of another state regardless of where the contract for employment was created.
(II) For purposes of this section, incidental work means work that is
randomly or fortuitously in Colorado.
(III) This section only applies to a workers' compensation act of another state
that includes a reciprocal provision exempting Colorado employers from liability under the other state's act for incidental work.
(2) Employee excludes any person who is a licensed real estate sales
agent or a licensed real estate broker associated with another real estate broker if:
(a) Substantially all of the sales agent's or associated broker's remuneration
from real estate brokerage is derived from real estate commissions; and
(b) The services of the sales agent or associated broker are performed under
a written contract specifying that the sales agent or associated broker is an independent contractor; and
(c) Such contract provides that the sales agent or associated broker shall
not be treated as an employee for federal income tax purposes.
(3) (a) Notwithstanding the provisions of section 8-40-202 (1)(a)(IV),
employee excludes any person who is confined to a city or county jail or any department of corrections facility as an inmate and who, as a part of such confinement, is working, performing services, or participating in a training or rehabilitation or work release program; except that employee includes an inmate of a department of corrections facility or a city, county, or city and county jail who is working, performing services, or participating in a training, rehabilitation, or work release program that has been certified by the federal prison industry enhancement certification program pursuant to the federal Justice System Improvement Act of 1979, 18 U.S.C. sec. 1761 (c). For the purposes of articles 40 to 47 of this title, an inmate participating in a program certified by the federal prison industry enhancement certification program is an employee of that certified program, which certified program shall carry workers' compensation insurance pursuant to articles 40 to 47 of this title. No inmate participating in a certified program shall be deemed to be an employee of the state, city, county, or city and county that owns, operates, or contracts for the operation of the facility or jail in which the inmate is incarcerated.
(b) The provisions of paragraph (a) of this subsection (3) do not apply to an
inmate who is working for a private employer under a contract of hire wherein the private employer is required to maintain workers' compensation insurance for its employees pursuant to articles 40 to 47 of this title. Such inmate shall be an employee of such private employer for purposes of articles 40 to 47 of this title.
(c) The provisions of paragraph (a) of this subsection (3) do not apply to an
inmate working for a joint venture established pursuant to the provisions of section 17-24-119 or 17-24-121, C.R.S. Such inmate shall be an employee of such joint venture for purposes of articles 40 to 47 of this title.
(d) The provisions of paragraph (a) of this subsection (3) do not apply to an
inmate working for a private person or entity pursuant to the provisions of section 17-24-122, C.R.S. Such inmate shall be an employee of such private person or entity for purposes of articles 40 to 47 of this title.
(4) Employee excludes any person who volunteers time or services for a ski
area operator, as defined in section 33-44-103 (7), C.R.S., or for a ski area sponsored program or activity, notwithstanding the fact that such person may receive noncash remuneration for such person or such person's designee in conjunction with such person's status as a volunteer. No contract of hire, express or implied, is created between any volunteer pursuant to this section and a ski area operator. Notice shall be given to such volunteer in writing that the volunteering of time or services under this subsection (4) does not constitute employment for purposes of the Workers' Compensation Act of Colorado and that such person is not entitled to benefits pursuant to said act.
(5) Employee excludes any person who is working as a driver under a lease
agreement pursuant to section 40-11.5-102, C.R.S., with a common carrier or contract carrier.
(6) Any person working as a driver with a common carrier or contract carrier
as described in this section shall be eligible for and shall be offered workers' compensation insurance coverage by Pinnacol Assurance or similar coverage consistent with the requirements set forth in section 40-11.5-102 (5), C.R.S.
(7) Persons who provide host home services as part of residential services
and supports, as described in section 25.5-10-206 (1)(e), for an eligible person, as defined in section 25.5-6-403 (2)(a), pursuant to the Home- and Community-based Services for Persons with Developmental Disabilities Act, part 4 of article 6 of title 25.5, and pursuant to a contract with a service agency as defined in section 25.5-10-202 (34) are not considered employees of the service agency.
(8) For the purposes of articles 40 to 47 of this title 8, employee excludes
any person who performs services for more than one employer at a race meet as defined by section 44-32-102 (20) or at a horse track as defined by section 44-32-102 (8).
(9) Notwithstanding any other provision of this section, employee includes
a person who participates in a property tax work-off program established pursuant to article 3.7 of title 39, C.R.S.
Source: L. 90: Entire article R&RE, p. 473, � 1, effective July 1. L. 92: (5) and
(6) added, p. 1798, � 1, effective June 6. L. 93: (3) amended, p. 2129, � 3, effective September 1. L. 94: (4) amended, p. 1288, � 1, effective July 1. L. 95: (1) and (3)(c) amended, p. 1091, � 1, effective May 31. L. 97: (3)(c) amended, p. 1031, � 66, effective August 6. L. 2000: (7) added, p. 1497, � 1, effective August 2. L. 2002: (6) amended, p. 1882, � 28, effective July 1. L. 2003: (8) added, p. 728, � 1, effective March 20. L. 2006: (7) amended, p. 1998, � 30, effective July 1. L. 2010: (3)(a) amended, (HB 10-1109), ch. 171, p. 606, � 1, effective August 11; (9) added, (HB 10-1076), ch. 162, p. 566, � 2, effective August 11. L. 2013: (7) amended, (HB 13-1314), ch. 323, p. 1800, � 17, effective March 1, 2014. L. 2017: (1) amended, (HB 17-1119), ch. 317, p. 1705, � 2, effective July 1. L. 2018: (8) amended, (HB 18-1024), ch. 26, p. 321, � 4, effective October 1. L. 2019: (1)(a) amended, (HB 19-1172), ch. 136, p. 1647, � 20, effective October 1. L. 2021: (7) amended, (HB 21-1187), ch. 83, p. 324, � 4, effective July 1, 2024.
Editor's note: This section is similar to former � 8-41-106 as it existed prior to
1990.
C.R.S. § 8-41-401
8-41-401. Lessor contractor-out deemed employer - liability - recovery. (1) (a) (I) Any person, company, or corporation operating or engaged in or conducting any business by leasing or contracting out any part or all of the work thereof to any lessee, sublessee, contractor, or subcontractor, irrespective of the number of employees engaged in such work, shall be construed to be an employer as defined in articles 40 to 47 of this title and shall be liable as provided in said articles to pay compensation for injury or death resulting therefrom to said lessees, sublessees, contractors, and subcontractors and their employees or employees' dependents, except as otherwise provided in subsection (3) of this section.
(II) Notwithstanding subparagraph (I) of this paragraph (a) and any other
provision of law to the contrary, it is presumed that a buyer of goods is not liable as a statutory employer when a lessee, sublessee, contractor, or subcontractor, or their employee who is delivering the goods to the buyer injures himself or herself while not on the buyer's premises. The presumption may be overcome by a showing that the lessee, sublessee, contractor, or subcontractor, or their employee was performing a job function that would normally be performed by an employee of the buyer of the goods being delivered. Nothing in this subparagraph (II) creates a presumption of a statutory employer-employee relationship when an injury occurs on the buyer's premises.
(III) For the purposes of this section, a statutory employer is an employer
who is responsible to pay workers' compensation benefits pursuant to subparagraph (I) of this paragraph (a).
(a.5) The general assembly hereby finds and determines that the decision of
the Colorado court of appeals in the case of Newsom v. Frank M. Hall & Co., No. 02CA1375 (February 26, 2004), in which the court held that an independent contractor may be an entity other than a natural person, did not accurately reflect the intent of the general assembly when it passed Senate Bill 93-132 and Senate Bill 95-072. The general assembly hereby declares that the term individual, as used in this section and in section 8-40-202, means a natural person.
(b) The employer, before commencing said work, shall insure and keep
insured against all liability as provided in said articles, and such lessee, sublessee, contractor, or subcontractor, as well as any employee thereof, shall be deemed employees as defined in said articles. The employer shall be entitled to recover the cost of such insurance from said lessee, sublessee, contractor, or subcontractor and may withhold and deduct the same from the contract price or any royalties or other money due, owing, or to become due said lessee, sublessee, contractor, or subcontractor.
(2) If said lessee, sublessee, contractor, or subcontractor is also an employer
in the doing of such work and, before commencing such work, insures and keeps insured its liability for compensation as provided in articles 40 to 47 of this title, neither said lessee, sublessee, contractor, or subcontractor, its employees, or its insurer shall have any right of contribution or action of any kind, including actions under section 8-41-203, against the person, company, or corporation operating or engaged in or conducting any business by leasing or contracting out any part or all of the work thereof, or against its employees, servants, or agents.
(3) Notwithstanding any provision of this section or section 8-41-402 to the
contrary, any individual who is excluded from the definition of employee pursuant to section 8-40-202 (2), or a working general partner or sole proprietor who is not covered under a policy of workers' compensation insurance, or a corporate officer or member of a limited liability company who executes and files an election to reject coverage under section 8-41-202 (1) shall not have any cause of action of any kind under articles 40 to 47 of this title. Nothing in this section shall be construed to restrict the right of any such individual to elect to proceed against a third party in accordance with the provisions of section 8-41-203. The total amount of damages recoverable pursuant to any cause of action resulting from a work-related injury brought by such individual that would otherwise have been compensable under articles 40 to 47 of this title shall not exceed fifteen thousand dollars, except in any cause of action brought against another not in the same employ.
(4) (a) Notwithstanding any provision of this section to the contrary, any
person, company, or corporation who contracts with a landowner or lessee of a farm or ranch to perform a specified farming or ranching operation shall, prior to entering into such contract, provide for and maintain, for the period of such contract, workers' compensation coverage pursuant to articles 40 to 47 of this title covering all the employees and laborers to be utilized under such contract. Proof of such coverage on forms or certificates issued by the insurer shall be provided to the person, company, or corporation contracting for the labor prior to performing such contract.
(b) Any person, company, or corporation contracting with a landowner or
lessee of a farm or ranch to provide a specified farming or ranching operation who fails to provide coverage pursuant to subsection (1) of this section or who fails to maintain such coverage for the term of the contract commits a class 2 misdemeanor.
(c) Notwithstanding any provision of this section to the contrary, no person,
company, or corporation contracting with a landowner or lessee of a farm or ranch operation to perform a specified farming or ranching operation nor any employee of such person, company, or corporation required to be covered by workers' compensation pursuant to this subsection (4) shall have any right of contribution from, or any action of any kind, including actions under section 8-41-203, against, the person, company, or corporation contracting to have such agricultural labor performed.
(d) (I) If any person, company, or corporation contracting to provide labor to
perform specified farming or ranching operations and required to provide workers' compensation coverage pursuant to articles 40 to 47 of this title fails to provide such coverage and the person, company, or corporation for whom the labor is provided incurs any liability thereby, the person, company, or corporation providing the labor shall be subject to a cause of action for said liability and for reasonable attorney fees.
(II) If the person, company, or corporation for whom the labor for the
performance of a specified farming or ranching operation is provided is sued by the injured employee, said person, company, or corporation may join the person, company, or corporation providing the labor as a third-party defendant in lieu of filing an independent action.
(5) The provisions of this section shall not apply to licensed real estate
brokers and licensed real estate sales agents, as regulated in article 10 of title 12, who are excluded from the definition of employee pursuant to section 8-40-301 (2).
(6) Notwithstanding any provision of this section to the contrary, any person,
company, or corporation operating a commercial vehicle as defined in section 42-4-235 (1)(a), C.R.S., who holds oneself or itself out as an independent contractor only to perform for-hire transportation, including loading and unloading, and who contracts to perform a specific transportation job, transportation task, or transportation delivery for another person, company, or corporation is not entering into an employee and employer relationship for purposes of workers' compensation coverage pursuant to articles 40 to 47 of this title. Nothing in this subsection (6) shall be construed to prohibit a determination that an individual is excluded from the definition of employee pursuant to section 8-40-202 (2) if such individual is operating a commercial vehicle as defined in section 42-4-235 (1)(a), C.R.S.
(7) This section shall not apply to any person excluded from the definition of
employee pursuant to section 8-40-301 (5) or (7).
Source: L. 90: Entire article R&RE, p. 481, � 1, effective July 1. L. 92: (7) added,
p. 1798, � 2, effective June 6. L. 93: (3) amended, p. 357, � 3, effective April 12; (6) amended, p. 1861, � 1, effective June 6. L. 94: (6) amended, p. 2544, � 16, effective January 1, 1995. L. 95: (1) and (3) amended, p. 344, � 3, effective July 1. L. 96: (1) and (3) amended, p. 647, � 2, effective May 1. L. 2000: (7) amended, p. 1497, � 2, effective August 2. L. 2004: (1)(a) amended and (1)(a.5) added, p. 1078, � 1, effective May 21. L. 2013: (1)(a) amended, (SB 13-147), ch. 389, p. 2262, � 1, effective June 5. L. 2019: (5) amended, (HB 19-1172), ch. 136, p. 1647, � 21, effective October 1. L. 2021: (4)(b) amended, (SB 21-271), ch. 462, p. 3142, � 94, effective March 1, 2022.
Editor's note: This section is similar to former � 8-48-101 as it existed prior to
1990.
C.R.S. § 8-44-104
8-44-104. Cutting rates - rebates - penalty. Every insurance carrier that writes compensation insurance shall write insurance at the rates filed with the commissioner of insurance. The cutting of rates, rebating, or any other method whereby, directly or indirectly, any employer is given the benefit of or obtains a rate lower than that approved by the commissioner of insurance is prohibited. The commissioner of insurance may suspend the license of any insurance carrier, agent, or broker who violates any provision of this section. Also, any insurance carrier, any employer, or any officer, agent, or employee thereof who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars for each such violation.
Source: L. 90: Entire article R&RE, p. 521, � 1, effective July 1. L. 2000: Entire
section amended, p. 471, � 11, effective August 2. L. 2002: Entire section amended, p. 1884, � 36, effective July 1. L. 2003: Entire section amended, p. 2201, � 3, effective July 1.
Editor's note: This section is similar to former � 8-44-104 as it existed prior to
1990.
Cross references: For the legislative declaration contained in the 2000 act
amending this section, see section 1 of chapter 135, Session Laws of Colorado 2000.
C.R.S. § 8-55-101
8-55-101. Workers' compensation classification appeals board - creation. (1) There is created, in the division of insurance in the department of regulatory agencies, the workers' compensation classification appeals board. The workers' compensation classification appeals board is a type 1 entity, as defined in section 24-1-105. The board shall hear grievances brought by employers against insurers and Pinnacol Assurance concerning the calculation of experience modification factors and classification assignment decisions. The board consists of five voting members, each of whom must be knowledgeable about workers' compensation classification and experience modification factors, and one nonvoting member, as follows:
(a) (I) One member must be either:
(A) A salaried employee of an insurance company that issues workers'
compensation insurance policies in this state; or
(B) A representative of Pinnacol Assurance.
(II) One member must be:
(A) A salaried employee of an insurance company that issues workers'
compensation policies in this state;
(B) A representative of Pinnacol Assurance; or
(C) An insurance agent licensed in this state.
(III) The two members appointed pursuant to subsections (1)(a)(I) and (1)(a)(II)
of this section must not both represent Pinnacol Assurance or the same insurance company. In addition, one person must be selected to serve as an alternate member to represent the interests of the insurance industry, Pinnacol Assurance, or insurance agents. The alternate shall represent such interests if the primary member recuses himself or herself.
(b) One member, who shall be a nonvoting member, shall be an employee of
a workers' compensation rating organization functioning under the provisions of section 10-4-408, C.R.S. The workers' compensation rating organization shall serve as a technical resource for the board.
(c) Three members shall represent private employers. Each private employer
member shall be knowledgeable with respect to workers' compensation insurance, rules, and classifications, and shall be familiar with the business environment and community in this state. No private employer member shall be an employee of an insurance company, insurance broker, insurance agent, law firm, actuary, Pinnacol Assurance, or any association of such entities or persons. All private employer board memberships shall be held in the name of an individual. At least one private employer member shall represent the construction industry.
(2) The commissioner of insurance shall appoint the private employer
members and the members representing insurers, insurance agents, and Pinnacol Assurance. The workers' compensation rating organization representative shall be appointed by the chief executive officer of such organization or by another officer designated to make such appointment. The commissioner may solicit a list of nominees from any interested party before making such appointments. The commissioner shall immediately notify the workers' compensation rating organization concerning the identity of any appointees.
(3) Each member shall serve one three-year term, and, in addition:
(a) (Deleted by amendment, L. 2002, p. 1889, � 46, effective July 1, 2002.)
(b) A private employer member or member representing the insurance
industry or Pinnacol Assurance may serve a second consecutive three-year term; and
(c) The member representing the workers' compensation rating organization
may be reappointed without limitation.
(4) Any vacancy on the board shall be filled for the unexpired term in the
same manner as the original appointment. The member appointed to fill such vacancy shall be from the same category described in subsection (1) of this section as the member vacating the position.
(5) Members of the board shall serve without compensation, but their
reasonable expenses incurred when performing their duties as board members shall be reimbursed from the workers' compensation cash fund created in section 8-44-112 (7). Such expenses shall be limited to travel, food, and lodging expenses.
(6) Members of the board, in their capacity as members, shall be immune
from liability in all claims for injury that lie in tort or could lie in tort, regardless of whether that may be the type of action or the form of relief chosen by the claimant.
Source: L. 96: Entire article added, p. 1139, � 1, effective October 1. L. 2002:
IP(1), (1)(a), (1)(c), (2), and (3) amended, p. 1889, � 46, effective July 1. L. 2021: (1)(a) and (2) amended, (SB 21-096), ch. 30, p. 124, � 1, effective April 15. L. 2022: IP(1) amended, (SB 22-162), ch. 469, p. 3390, � 100, effective August 10.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
C.R.S. § 8-70-136
8-70-136. Employment does not include - brokers. (1) Employment does not include services performed by an individual as a licensed real estate broker or as a direct seller engaged in the trade or business of selling, or soliciting the sale of, a consumer product in a home or in an establishment other than a permanent retail establishment or as an individual engaged in the trade or business of the delivering or distribution of newspapers or shopping news, including any services directly related to such trade or business if:
(a) All the remuneration, whether or not paid in cash, for the performance of
such services is directly related to sales or other output, including the performance of services, instead of the number of hours worked; and
(b) The services are performed pursuant to a written contract between such
person and the person for whom the services are performed and if such contract provides that the person shall not be treated as an employee with respect to such services for federal tax purposes.
Source: L. 90: Entire section added, p. 597, � 3, effective April 3. L. 98: IP(1)
amended, p. 69, � 3, effective March 23. L. 2008: IP(1) amended, p. 511, � 30, effective April 17.
C.R.S. § 8-83-211
8-83-211. Functions of work force boards. (1) Each work force board shall, in partnership with and subject to the approval of the local elected officials for the work force development area, conduct the following functions:
(a) Develop the local plan;
(b) Designate and certify one-stop operators and certify and oversee work
force development programs;
(c) Select one-stop operators to operate the one-stop career center in a local
area;
(d) Authorize grants for youth services;
(e) Identify eligible providers of intensive services, if one-stop operators do
not provide such services, and training services;
(f) Develop and enter into memorandums of understanding with work force
partners specified in section 8-83-216 (1);
(g) Develop a budget for the purpose of carrying out the duties of the work
force board;
(h) Negotiate local performance measures;
(i) Oversee and assist in statewide employment statistics systems;
(j) Coordinate and develop employer linkages with work force development
activities carried out in the local area, including coordination of economic development strategies;
(k) Promote participation of private employers with the work force
development program while ensuring the effective provision, through the work force system, of connecting, brokering, and coaching activities through intermediaries such as the one-stop operator in the local area or through other organizations to assist such employers in meeting their hiring needs; and
(l) Fulfill other functions outlined in the federal act.
(2) The work force board shall not provide training services; except that the
governor may waive this prohibition annually if the work force board is a qualified provider of training that is in demand and in short supply for that county or area.
(3) Work force boards are authorized to operate only with the approval of the
local elected officials and governor.
Source: L. 2012: Entire article added with relocations, (HB 12-1120), ch. 27, p.
90, � 6, effective June 1. L. 2016: IP(1), (1)(b), (1)(j), and (1)(k) amended and (1)(l) added, (HB 16-1302), ch. 183, p. 636, � 13, effective May 19.
Editor's note: This section is similar to former � 8-71-211 as it existed prior to
2012.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)