Colorado Land Surveying Licensing Law

Colorado Code · 478 sections

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

C.R.S. § 1-1-202

1-1-202. Commencement of terms - nonpartisan officers. The regular terms of office of all nonpartisan officers elected at regular elections shall commence at the next meeting of the governing body following the date of the election, but no later than thirty days following the survey of returns and upon the signing of an oath and posting of a bond, where required, unless otherwise provided by law. If the election is canceled in whole or in part pursuant to section 1-5-208 (1.5), then the regular term of office of a nonpartisan officer shall commence at the next meeting of the governing body following the date of the regular election, but no later than thirty days following the date of the regular election and upon the signing of an oath and posting of a bond, where required, unless otherwise provided by law.

Source: L. 92: Entire article R&RE, p. 636, � 1, effective January 1, 1993. L. 93:

Entire section amended, p. 1397, � 11, effective July 1. L. 94: Entire section amended, p. 1151, � 5, effective July 1. L. 2001: Entire section amended, p. 1001, � 1, effective August 8.

C.R.S. § 1-10-106

1-10-106. Summary of election results - statewide elections - early voting. (1) (a) Within sixty days after a statewide election, the designated election official shall prepare and make available to the public a statement of the total number of votes cast in the election for each candidate and for and against each ballot issue and ballot question on the ballot certified by the designated election official pursuant to section 1-5-203.

(b) and (c)  Repealed.


(2)  The designated election official may charge a fee for a copy of the

statement prepared pursuant to this section in an amount not to exceed the actual cost of making the copy.

(3)  The designated election official shall retain all materials used to compile

the statement required by this section for a period of at least twenty-five months.

Source: L. 2005: Entire section added, p. 1422, � 50, effective June 6; entire

section added, p. 1457, � 50, effective June 6. L. 2006: (1)(c) amended, p. 2035, � 22, effective June 6. L. 2007: (1)(c) amended, p. 1796, � 62, effective June 1. L. 2013: (1)(b) and (1)(c) repealed, (HB 13-1303), ch. 185, p. 752, � 138, effective May 10.

Cross references: In 2013, subsections (1)(b) and (1)(c) were repealed by the

Voter Access and Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

PART 2

SURVEY OF RETURNS - NONPARTISAN ELECTIONS

C.R.S. § 1-10-201

1-10-201. Canvass of nonpartisan elections. (1) Except as provided for special districts in subsection (1.5) of this section, at least fifteen days before any nonpartisan election that is not coordinated by the county clerk and recorder, the governing body or bodies that called the election shall appoint two registered electors of the political subdivision to serve as members of the canvass board. One of the two persons appointed may be a member of the governing body. The persons so appointed and the designated election official constitute the canvass board for the election. If the election is coordinated between two or more governing bodies, the canvass board shall be appointed in accordance with the intergovernmental agreement between the governing bodies.

(1.5)  Unless otherwise directed by the board of directors of a special district,

at least fifteen days before any regular special district election, the designated election official shall appoint at least one member of the board of such district and at least one eligible elector of the special district who is not a member of such board to assist the designated election official in the survey of returns. The persons so appointed and the designated election official constitute the board of canvassers for the election.

(2)  To the fullest extent possible, no member of the canvass board nor the

member's spouse or civil union partner shall have a direct interest in the election.

(3)  If for any reason any person appointed as a member of the canvass board

refuses, fails, or is unable to serve, that appointed person shall notify the designated election official, who shall appoint another person with the same qualifications, if available, to the canvass board.

(4)  Each canvass board member who is not a member of the governing body

shall receive a minimum fee of fifteen dollars for each day of service. The fee shall be set by the designated election official and shall be paid by the political subdivision for which the service is performed.

(5)  Prior to assuming their duties, the members of the canvass board shall

swear or affirm the following: I, __, do solemnly swear (or affirm) that I am a registered elector in the county of ____ and of the state of Colorado and that I will faithfully perform the duties required of a member of the canvass board.

Source: L. 92: Entire article R&RE, p. 778, � 13, effective January 1, 1993. L.

94: Entire section amended, p. 1170, � 50, effective July 1. L. 99: Entire section amended, p. 481, � 8, effective July 1; (1) amended and (1.5) added, p. 451, � 8, effective August 4. L. 2013: (2) amended, (HB 13-1303), ch. 185, p. 747, � 116, effective May 10.

Editor's note: Amendments to subsection (1) by House Bill 99-1268 and

House Bill 99-1160 were harmonized.

Cross references: In 2013, subsection (2) was amended by the Voter Access

and Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

C.R.S. § 1-11-209

1-11-209. Depositions in contests for state senator or representative. (1) Either party, at the time the statement or answer is served, may serve upon the adverse party reasonable notice of taking depositions to be used at trial of the contest for state senator or state representative. Immediately after joining issue of fact, both parties shall proceed with all reasonable diligence to take any depositions they may desire to use at trial. Nothing in this subsection (1) shall abridge the right of either party to take depositions upon reasonable notice prior to the joining of issue in relation to any of the matters in controversy; but a failure to take depositions before the joining of issue shall not be held as laches against either party to the contest.

(2)  If, upon the completion of taking any depositions, the adverse party has

any witnesses present before the officer taking the depositions whose testimony the adverse party may wish to use in rebuttal of the depositions, the adverse party may proceed immediately to take the deposition of the rebutting witness before the officer, upon giving written notice to the other party or the other party's attorney. The officer shall attach to the depositions a copy of the notice with proof of service and shall return the rebuttal depositions in the same manner provided for returning depositions in chief. The party taking a deposition shall pay all costs of taking the deposition and its return.

(3)  The time for taking depositions to be used at trial of the contest shall

expire three days prior to the meeting of the next general assembly. Both parties may take depositions at the same time, but neither party shall take depositions at more than one place at the same time. Nothing in this subsection (3) shall be construed to abridge the right of either house of the general assembly, upon good cause shown, to extend the time to take depositions, or to send for and examine any witness, or to take any testimony it may desire to use on trial of the contest, or to order a recount of the ballots if there has been an error in surveying the returns in any county or precinct.

(4)  Any county or district judge of or for a county in the judicial district where

a contested election case arises may issue subpoenas, compel the attendance of witnesses, take depositions, and certify depositions according to the rules of the district court.

(5)  The officer before whom the depositions are taken, upon the completion

thereof, shall certify the depositions immediately, shall enclose the depositions, and the notices for taking the depositions, and the proofs of service of the notices in an envelope, and shall seal and transmit the envelope by mail or in person by a sworn officer, to the secretary of state, with an endorsement showing the nature of the papers, the names of the contesting parties, and the house of the general assembly before which the contest is to be tried.

Source: L. 92: Entire article R&RE, p. 789, � 14, effective January 1, 1993.


Editor's note: This section is similar to former � 1-11-207 as it existed prior to

1992.

Cross references: For depositions, see C.R.C.P. 26 to 37; for causes of

contest, see � 1-11-201; for venue, see C.R.C.P. 98 and Crim. P. 18; for contested elections, see C.R.C.P. 100.

C.R.S. § 1-11-213

1-11-213. Rules for conducting contests in district court. (1) The style and form of process, the manner of service of process and papers, the fees of officers, and judgment for costs and execution shall be according to the rules and practice of the district court.

(2)  Change of venue may be taken from any district court for any cause in

which changes of venue might be taken in civil or criminal actions. The decisions of any district court are subject to appellate review as provided by law and the Colorado appellate rules.

(3)  Before the district court is required to take jurisdiction of the contest, the

contestor shall file with the clerk of the court a bond, with sureties, running to the contestee and conditioned to pay all costs in case of failure to maintain the contest. The judge shall determine the sufficiency of the bond and, if it is sufficient, approve it.

(4)  The contestor, within ten days after the official survey of returns has

been filed with the designated election official, shall file in the office of the clerk of the district court a written statement of the intention to contest the election, setting forth the name of the contestor, that the contestor is an eligible elector of the political subdivision, the name of the contestee, the office or ballot issue or ballot question being contested, the time of the election, and the particular grounds for the contest. The statement shall be verified upon information and belief by the affidavit of the contestor or of an eligible elector of the political subdivision. If the contest is based upon a ballot issue or ballot question, the political subdivision or subdivisions for which the ballot issue or ballot question was decided shall be named as a contestee. If a written statement of intent to contest the election is filed more than ten days after the completion of the official survey of returns, no court shall have jurisdiction over the contest.

(5)  The clerk of the district court shall then issue a summons in the ordinary

form, in which the contestor shall be named as plaintiff and the contestee as defendant, stating the court to which the action is being brought, the political subdivision for which the contest is filed, and a brief statement of the grounds for contest as set forth in the contestor's statement. The summons shall be served upon the contestee and political subdivision in the same manner as other district court summonses are served in this state, within ten days after the statement of intention is filed.

(6)  The contestee, within ten days after the service of the summons, shall file

an answer with the clerk of court, which admits or specifically denies each allegation of the statement and asserts any counterstatement on which the contestee relies as entitling him or her to the office to which elected.

(7)  If a contestor alleges the reception of illegal votes or the rejection of

legal votes as the grounds for the contest, a list of the eligible electors who so voted or offered to vote shall be set forth in the statement of the contestor and likewise in the answer of contestee if the same grounds are alleged in the counterstatement.

(8)  When the answer of the contestee contains a new matter constituting a

counterstatement, within ten days after the answer is filed, the contestor shall file a reply with the clerk of court admitting or specifically denying, under oath, each allegation contained in the counterstatement.

Source: L. 92: Entire article R&RE, p. 790, � 14, effective January 1, 1993. L.

94: (4) and (5) amended, p. 1177, � 66, effective July 1.

Editor's note: This section is similar to former � 1-11-210 as it existed prior to

1992.

C.R.S. § 1-11-310

1-11-310. Survey of returns. (1) The board of canvassers for a special legislative election shall be organized as provided in section 1-10-101.

(2)  The county clerk and recorder shall contact the secretary of state on

election night with the unofficial count.

(3)  The board of canvassers for a special legislative election shall commence

a survey of the returns on the day following such election.

(4)  The certified survey of returns shall be sent by certified mail or hand

delivered to the secretary of state no later than the close of business on the fifth day after the special legislative election.

(5)  Upon receipt of the certified survey of returns, the secretary of state

shall issue a certificate of election to the candidate who received the highest number of votes and shall transmit a copy of the certificate to the appropriate house of the general assembly.

Source: L. 99: Entire part added, p. 1388, � 4, effective June 4.

C.R.S. § 1-2-204

1-2-204. Questions answered by elector - rules.

(1)  Repealed.


(2)  In addition, each elector shall correctly answer the following:


(a)  The elector's name in full;


(b)  The elector's place of residence, including municipal address with street

number or, if there is no street number, by legal description of the land upon which the residence sits, including lot, block, addition, division, or subdivision, as applicable. In all other cases, the residence shall be described by the section or subdivision in the township and range as established and numbered by the United States government survey. If the place of residence is an apartment house, rooming house, dormitory, hotel, or motel, the number of the floor and the number of the apartment or room shall also be given. Except as allowed by section 1-2-102 (1)(a), no vacant lot or business address shall be considered a residence. A post office box number shall not be used as a place of residence for the purposes of this subsection (2).

(c)  Whether the elector is a citizen of the United States;


(d)  The elector's gender identity, if the elector wishes to state it;


(e)  The elector's date of birth;


(f)  The elector's deliverable mailing address if different from the elector's

address of record;

(f.3)  The address where the elector wishes to receive his or her ballot if

different from the address of record;

(f.5)  The elector's current and valid Colorado driver's license number, the

number of the current and valid identification card issued to the elector in accordance with part 3 of article 2 of title 42, or the last four digits of the elector's social security number. If the elector does not have a social security number or a current and valid Colorado driver's license or identification card, the elector shall answer that he or she does not have a social security number or a current and valid Colorado driver's license or identification card.

(g)  Repealed.


(h)  Whether or not the elector is registered to vote in another county of this

state;

(i)  Whether or not the elector was registered to vote in another state;


(j)  The elector's affiliation, if any, if the eligible elector desires to affiliate

with any political party or political organization. If this question is not answered, the elector shall be registered as unaffiliated. Only the eligible elector personally shall declare the eligible elector's affiliation.

(j.5) and (k)  Repealed.


(l)  The question Do you affirm that you meet the voter registration

qualifications and that the information you have provided in this application is true to the best of your knowledge and belief?.

(2.5)  If an applicant for voter registration has not been issued a current and

valid Colorado driver's license, a current and valid identification card issued by the department of revenue in accordance with the requirements of part 3 of article 2 of title 42, C.R.S., or a social security number, the secretary of state shall assign the applicant a number that will serve to identify the applicant for voter registration purposes. Insofar as the department of state has created a computerized statewide voter registration list in accordance with the requirements of part 3 of this article and the list assigns unique identifying numbers to registrants, the number assigned under this subsection (2.5) shall be the unique identifying number assigned under the list.

(2.7)  The form used for registration of electors shall contain a statement that

the applicant must comply with the requirements of paragraph (f.5) of subsection (2) of this section, that an applicant who is qualified to vote in this state but does not have a driver's license, state-issued identification card, or social security number may still register to vote, and that the secretary of state will assign an identifying number to such an applicant for voter registration purposes.

(3) (a)  If the county clerk and recorder has reasonable cause to believe that

an applicant has falsified any answers to the questions set forth in this section, the county clerk and recorder shall certify the same to the district attorney for investigation and appropriate action.

(b)  If the elector states that the elector's present address is the elector's

sole legal residence and that the elector claims no other place as the elector's legal residence and if the elector meets the qualifications of section 1-2-101, the county clerk and recorder shall proceed to register the elector.

(c)  If the elector does not comply with the requirements of subsections (1)

and (2) of this section, the county clerk and recorder shall not register the elector.

(4) (a)  If the registration record of a registered elector does not contain the

last four digits of the elector's social security number, the county clerk and recorder shall request the elector to provide the last four digits of the elector's social security number. The request may be made of the registered elector by the county clerk and recorder:

(I)  In any written communication by mail from the county clerk and recorder

to the registered elector;

(II)  At any voter service and polling center in the registered elector's county;


(III)  Repealed.


(IV)  In materials to be returned by the registered elector with a mail ballot.


(b)  No registered elector shall be prohibited from voting at any election for

failure to provide the last four digits of the elector's social security number or the elector's full social security number.

(c)  Any social security number or the last four digits of a social security

number of an elector that is obtained by the county clerk and recorder from such elector pursuant to this section shall be held confidential and shall not be published or be open to or available for public inspection. The county clerk and recorder shall develop appropriate security measures to ensure the confidentiality of such numbers.

(d)  The last four digits of a social security number described in this section

shall not be considered a social security number for purposes of section 7 of the federal Privacy Act of 1974, Pub.L. 93-579.

(4.5)  This section does not apply to a covered voter, as defined in section 1-8.3-102, who is registering to vote pursuant to section 1-8.3-107.


(5)  The secretary of state shall promulgate rules in accordance with article 4

of title 24, C.R.S., as may be necessary to determine the identity of a resident of a group residential facility, as defined in section 1-1-104 (18.5), and any rules necessary to ensure the consistent application of such identification rules.

Source: L. 92: Entire article R&RE, p. 641, � 2, effective January 1, 1993. L. 93:

(2)(j) amended, p. 1398, � 16, effective July 1. L. 94: (1)(d) amended, p. 1753, � 9, effective January 1, 1995. L. 95: (2)(f) amended, p. 822, � 8, effective July 1. L. 97: (2)(i) amended, p. 472, � 4, effective July 1. L. 98: (2)(f.5) and (4) added and (2)(g) amended, p. 279, ��1, 2, effective April 14. L. 99: (2)(f) amended and (2)(k) added, p. 279, � 3, effective August 4; (2)(j) amended, p. 158, � 2, effective August 4. L. 2003: (2)(f.5) amended and (2.5) added, p. 2072, � 8, effective May 22. L. 2004: (2)(c), (2)(d), and (2)(f.5) amended, p. 426, � 2, effective April 13; (2)(f.5), IP(4)(a), (4)(a)(I), and (4)(b) amended and (4)(d) added, p. 1051, � 2, effective May 21. L. 2006: (2)(f.5) amended and (2.7) and (3)(c) added, pp. 2028, 2029, �� 1, 2, effective June 6. L. 2007: (4)(a)(IV) amended, p. 1775, � 2, effective June 1; (2)(f.5) amended, p. 1968, � 4, effective August 3. L. 2009: (5) added, (HB 09-1336), ch. 261, p. 1198, � 5, effective August 5. L. 2012: (2)(d) amended, (HB 12-1292), ch. 181, p. 677, � 3, effective May 17. L. 2013: (2)(g) and (4)(a)(III) repealed, (2)(k), IP(4)(a), (4)(a)(II), and (4)(a)(IV) amended, and (2)(l) added, (HB 13-1303), ch. 185, p. 690, � 11, effective May 10. L. 2016: (1) repealed, IP(2) and (2)(d) amended, and (4.5) added, (SB 16-142), ch. 173, p. 568, � 10, effective May 18. L. 2017: (2)(j.5) added, (SB 17-305), ch. 216, p. 841, � 1, effective August 9. L. 2018: (2)(f.3) added, (2)(i) amended, and (2)(k) repealed, (SB 18-233), ch. 262, p. 1604, � 4, effective May 29. L. 2019: (2)(f.5) amended, (HB 19-1278), ch. 326, p. 3006, � 6, effective August 2. L. 2022: (2)(b) amended, (SB 22-152), ch. 100, p. 477, � 2, effective April 13. L. 2023: (2)(j.5) repealed, (SB 23-276), ch. 399, p. 2375, � 4, effective June 6.

Editor's note: This section is similar to former � 1-2-203 as it existed prior to

1992.

Cross references: (1)  In 2013, subsections (2)(g) and (4)(a)(III) were repealed,

subsection (2)(k), the introductory portion to subsection (4)(a), and subsections (4)(a)(II) and (4)(a)(IV) were amended, and subsection (2)(l) was added by the Voter Access and Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

(2)  For the short title (Colorado Votes Act) in HB 19-1278, see section 1 of

chapter 326, Session Laws of Colorado 2019.

C.R.S. § 1-4-1206

1-4-1206. Presidential primary ballots - survey of returns. Each county clerk and recorder shall survey all returns received from the presidential primary election in all county precincts in accordance with article 10 of this title 1. For counties that contain more than one United States congressional district, the returns must indicate the number of votes cast in each precinct for each candidate; except that, if the total number of votes cast and counted in any precinct is less than ten, the returns for all such precincts in the county must be reported together. For counties that contain only one United States congressional district, the returns may indicate the number of votes cast in the county for each candidate.

Source: Initiated 2016: Entire part RC&RE, Proposition 107, effective upon

proclamation of the Governor, December 27, 2016. See L. 2017, p. 2819. L. 2019: Entire section amended, (HB 19-1278), ch. 326, p. 3019, � 27, effective August 2. L. 2021: Entire section amended, (SB 21-250), ch. 282, p. 1643, � 26, effective June 21.

Cross references: For the short title (Colorado Votes Act) in HB 19-1278,

see section 1 of chapter 326, Session Laws of Colorado 2019.

C.R.S. § 1-4-1406

1-4-1406. County clerk and recorder designated election official - certification of results to secretary of state. (1) In addition to his or her duties regarding the general survey of returns specified in article 10 of this title, the county clerk and recorder of any county referring a ballot question seeking to lengthen, shorten, or eliminate the limitations on terms of office for a district attorney shall:

(a)  Act as the designated election official for the election in which the ballot

question appears on the ballot; and

(b)  No later than the eighteenth day after the election in which the ballot

question appears on the ballot, certify the total number of votes cast for and against the ballot question and transmit the certification to the secretary of state.

(2)  Upon receipt of the certifications transmitted pursuant to paragraph (b)

of subsection (1) of this section, the secretary of state shall compile the results received from each county situated within the judicial district and determine whether the measure was approved by the eligible electors of the judicial district as a whole. The secretary shall certify the results in the manner provided by law.

Source: L. 2010: Entire part added, (SB 10-070), ch. 238, p. 1042, � 1, effective

May 20.

C.R.S. § 1-4-206

1-4-206. Other county officers. At the general election in 1982 and every four years thereafter, one county clerk and recorder, who shall be ex officio recorder of deeds and clerk of the board of county commissioners; one sheriff qualified pursuant to section 30-10-501.5, C.R.S.; one coroner qualified pursuant to section 30-10-601.5, C.R.S.; one treasurer, who shall be collector of taxes; one county superintendent of schools, unless the office of county superintendent of schools is abolished at a general election; one county surveyor; and one county assessor shall be elected in each county, excluding a city and county. The term of office of all such officials shall be four years.

Source: L. 80: Entire article R&RE, p. 323, � 1, effective January 1, 1981. L. 90:

Entire section amended, p. 304, � 5, effective June 8. L. 92: Entire part amended, p. 674, � 4, effective January 1, 1993. L. 2003: Entire section amended, p. 1830, � 1, effective August 6.

Editor's note: This section is similar to former � 1-16-107 as it existed prior to

1980.

Cross references: For county officers' elections, terms, and salaries, see � 8

of art. XIV, Colo. Const.

PART 3

PRESIDENTIAL ELECTIONS

C.R.S. § 1-4-401

1-4-401. Time of congressional vacancy elections. (1) Except as provided in section 1-4-401.5, when any vacancy occurs in the office of representative in congress from this state, the governor shall set a day to hold an election to fill the vacancy and cause notice of the election to be given as required in part 2 of article 5 of this title; but no congressional vacancy election shall be held during the ninety days prior to a general election or less than eighty-five days or more than one hundred days after the vacancy occurs.

(2)  A congressional vacancy election shall be conducted and the results

thereof surveyed and certified in all respects as nearly as practicable in like manner as for general elections, except as otherwise provided in this code.

Source: L. 80: Entire article R&RE, p. 324, � 1, effective January 1, 1981. L. 83:

(1) amended, p. 350, � 10, effective July 1. L. 92: Entire part amended, p. 676, � 4, effective January 1, 1993. L. 93: (1) amended, p. 1765, � 3, effective June 6. L. 95: (1) amended, p. 829, � 25, effective July 1. L. 2008: (1) amended, p. 409, � 2, effective August 5. L. 2011: (1) amended, (SB 11-189), ch. 243, p. 1063, � 5, effective May 27.

Editor's note: This section is similar to former � 1-11-101 as it existed prior to

1980.

Cross references: For registration for congressional vacancy elections, see �

1-2-210; for the power of the county central committee to fill vacancies, see � 1-3-104; for filling vacancies to serve as judges of elections, see � 1-6-113.

C.R.S. § 1-45-103.7

1-45-103.7. Contribution limits - county offices - school district director - treatment of independent expenditure committees - contributions from limited liability companies - voter instructions on spending limits - definitions. (1) Nothing in article XXVIII of the state constitution or this article shall be construed to prohibit a corporation or labor organization from making a contribution to a political committee.

(1.5) (a) (I)  The maximum amount of aggregate contributions that any one

person other than a small donor committee or a political party may make to a candidate committee of a candidate for a county office, and that a candidate committee for such candidate may accept from any such person, is one thousand two hundred fifty dollars for the primary election and one thousand two hundred fifty dollars for the general election.

(II)  The maximum amount of aggregate contributions that any one small

donor committee may make to a candidate committee of a candidate for a county office, and that a candidate committee for such candidate may accept from any one small donor committee, is twelve thousand five hundred dollars for the primary election and twelve thousand five hundred dollars for the general election.

(III)  The maximum amount of aggregate contributions that a political party

may make to a candidate committee of a candidate for a county office, and that a candidate committee for such candidate may accept from any political party, is twenty-two thousand one hundred twenty-five dollars for the applicable election cycle.

(b)  Candidates may accept contributions subject to the aggregate limits

specified in subsection (1.5)(a)(I) or (1.5)(a)(II) of this section in accordance with subsection (3) of this section.

(c)  Any monetary amount specified in subsection (1.5)(a) of this section must

be adjusted in accordance with the adjustments made to other contribution limits as specified in section 3 (13) of article XXVIII of the state constitution.

(d)  The requirements of sections 1-45-108 and 1-45-109, as applicable, apply

to any contribution made or received that is subject to subsection (1.5)(a) of this section.

(e)  For purposes of this subsection (1.5), county office means a county

commissioner, county clerk and recorder, sheriff, coroner, treasurer, assessor, or surveyor.

(f)  A candidate committee for a county office shall not knowingly accept

contributions from an issue committee or a small-scale issue committee, and a candidate committee shall not make contributions to an issue committee or small-scale issue committee.

(1.7) (a)  The maximum amount of aggregate contributions that a person,

excluding a small donor committee, may make to a candidate committee of a candidate for school district director, and that a candidate committee for such candidate may accept from any one person excluding a small donor committee for a regular biennial school election or special school election, as applicable, is two thousand five hundred dollars.

(b)  The maximum amount of aggregate contributions that a small donor

committee may make to a candidate committee of a candidate for school district director, and that a candidate committee for such candidate may accept from any one small donor for a regular biennial or special school election, as applicable, is twenty-five thousand dollars.

(c)  Any monetary amount specified in subsection (1.7)(a) or (1.7)(b) of this

section must be adjusted in accordance with the adjustments made to other contribution limits as specified in section 3 (13) of article XXVIII of the state constitution.

(d)  The requirements of sections 1-45-108 and 1-45-109, as appropriate,

apply to any contribution made or received for any four-year election cycle that is subject to subsection (1.7)(a) or (1.7)(b) of this section.

(1.9) (a) (I)  The maximum amount of aggregate contributions that any one

person, including a political party, and excluding a small donor committee, may make to a candidate committee of a candidate for a municipal office, and that a candidate committee for such a candidate may accept from any one such person per election is four hundred dollars.

(II)  The maximum amount of aggregate contributions that any one small

donor committee may make to a candidate committee of a candidate for a municipal office and that a candidate committee for such a candidate may accept from any one small donor committee per election is four thousand dollars.

(III)  The requirements of sections 1-45-108 and 1-45-109, as appropriate,

apply to any contribution made or received for any election that is subject to subsection (1.9)(a)(I) or (1.9)(a)(II) of this section.

(b)  As used in this subsection (1.9), municipal office means the mayor, the

board of trustees, a member of city council, and any other elected municipal officer.

(2)  A political committee may receive and accept moneys contributed to

such committee by a corporation or labor organization pursuant to subsection (1) of this section for disbursement to a candidate committee or political party without depositing such moneys in an account separate from the account required to be established for the receipt and acceptance of all contributions by all committees or political parties in accordance with section 3 (9) of article XXVIII of the state constitution.

(2.5) (a)  An independent expenditure committee differs from a political

committee in that an independent expenditure committee does not coordinate its activities with a candidate or political party.

(b)  An independent expenditure committee shall not be treated as a political

committee and, therefore, is not subject to the requirements of section 3 (5) of article XXVIII of the state constitution.

(3)  A candidate committee established in the name of a candidate affiliated

with either a major political party or a minor political party who is running in a primary election may accept:

(a)  The aggregate contribution limit specified in section 3 (1) of article XXVIII

of the state constitution for a primary election at any time after the date of the primary election in which the candidate in whose name the candidate committee is accepting contributions is on the primary election ballot; or

(b)  The aggregate contribution limit specified in section 3 (1) of article XXVIII

of the state constitution for a general election at any time prior to the date of the primary election in which the candidate in whose name the candidate committee is accepting contributions is on the primary election ballot.

(3.5)  A candidate committee shall not knowingly accept contributions from

an issue committee or a small-scale issue committee, and a candidate committee shall not make contributions to an issue committee or small-scale issue committee.

(4)  A candidate committee established in the name of a candidate affiliated

with either a major political party or a minor political party running in a primary election may expend contributions received and accepted for a general election prior to the date of the primary election in which the candidate in whose name the candidate committee is accepting contributions is on the primary election ballot. A candidate committee established in the name of a candidate affiliated with a major political party or a minor political party running in a primary election who wins the primary election may expend contributions received and accepted for a primary election in the general election.

(4.5) (a)  A candidate committee established in the name of a candidate who

is a write-in candidate, an unaffiliated candidate, or the candidate of a minor political party who is not running in a primary election may accept from any one person the aggregate contribution limit specified in either section 3 (1) of article XXVIII of the state constitution or subsection (1.5)(a) of this section applicable to the office he or she is seeking at any point during the election cycle in which the candidate in whose name the candidate committee is accepting contributions is on the general election ballot.

(b)  A candidate committee established in the name of a candidate who is a

write-in candidate, an unaffiliated candidate, or the candidate of a minor political party who is not running in a primary election may expend contributions received and accepted in accordance with paragraph (a) of this subsection (4.5) at any point during the election cycle in which the candidate in whose name the candidate committee is accepting contributions is on the general election ballot.

(4.7) (a)  A candidate committee established in the name of a candidate who

is running for a county commissioner vacancy election may accept from any one person the aggregate contribution limit for a general election as specified in subsection (1.5) of this section applicable to the office of county commissioner at any point during the election cycle.

(b)  A candidate committee established in the name of a candidate who is

running for a county commissioner vacancy election may expend contributions in accordance with subsection (4.7)(a) of this section at any point during the election cycle.

(4.8) (a)  A candidate committee established in the name of a vacancy

contender may accept from any one person the aggregate contribution limit specified in section 3 (1) of article XXVIII of the state constitution applicable to the office the vacancy contender is seeking at any point during the election cycle for the vacancy committee selection process used to fill a vacancy in the general assembly pursuant to section 1-12-203.

(b)  A candidate committee established in the name of a candidate who is

running for a major political party vacancy election may accept from any one person the aggregate contribution limit specified in section 3 (1) of article XXVIII of the state constitution applicable to the office the candidate is seeking at any point during the election cycle for the major political party vacancy election held pursuant to section 1-12-203 (1.5).

(5) (a)  No limited liability company shall make any contribution to a

candidate committee or political party if one or more of the individual members of the limited liability company is:

(I)  A corporation;


(II)  A labor organization;


(III)  A natural person who is not a citizen of the United States;


(IV)  A foreign government;


(V)  A professional lobbyist, volunteer lobbyist, or the principal of a

professional or volunteer lobbyist, and the contribution is prohibited under section 1-45-105.5 (1); or

(VI)  Otherwise prohibited by law from making the contribution.


(b)  No limited liability company shall make any contribution to a political

committee if one or more of the individual members of the limited liability company is:

(I)  An entity formed under and subject to the laws of a foreign country;


(II)  A natural person who is not a citizen of the United States; or


(III)  A foreign government.


(c)  Notwithstanding any other provision of this subsection (5), no limited

liability company shall make any contribution to a candidate committee or political party if either the limited liability company has elected to be treated as a corporation by the internal revenue service pursuant to 26 CFR 301.7701-3 or any successor provision or the shares of the limited liability company are publicly traded. A contribution by a limited liability company with a single natural person member that does not elect to be treated as a corporation by the internal revenue service pursuant to 26 CFR 301.7701-3 shall be attributed only to the single natural person member.

(d) (I)  Any limited liability company that is authorized to make a contribution

shall, in writing, affirm to the candidate committee, political committee, or political party to which it has made a contribution, as applicable, that it is authorized to make a contribution, which affirmation shall also state the names and addresses of all of the individual members of the limited liability company. No candidate committee, political committee, or political party shall accept a contribution from a limited liability company unless the written affirmation satisfying the requirements of this paragraph (d) is provided before the contribution is deposited by the candidate committee, political committee, or political party. The candidate committee, political committee, or political party receiving the contribution shall retain the written affirmation for not less than one year following the date of the end of the election cycle during which the contribution is received.

(II)  Any contribution by a limited liability company, and the aggregate

amount of contributions from multiple limited liability companies attributed to a single member of any such company under this subparagraph (II), shall be subject to the limits governing such contributions under section 3 of article XXVIII of the state constitution. A limited liability company that makes any contribution to a candidate committee, political committee, or political party shall, at the time it makes the contribution, provide information to the recipient committee or political party as to the amount of the total contribution attributed to each member of the limited liability company. The attribution shall reflect the capital each member of the limited liability company has invested in the company relative to the total amount of capital invested in the company as of the date the company makes the campaign contribution, and for a single member limited liability company, the contribution shall be attributed to that single member. The limited liability company shall then deduct the amount of the contribution attributed to each of its members from the aggregate contribution limit applicable to multiple limited liability companies under this subparagraph (II) for purposes of ensuring that the aggregate amount of contributions from multiple limited liability companies attributed to a single member does not exceed the contribution limits in section 3 of article XXVIII of the state constitution. Nothing in this subparagraph (II) shall be construed to restrict a natural person from making a contribution in his or her own name to any committee or political party to the extent authorized by law.

(5.3)  An issue committee or small-scale issue committee shall not

knowingly:

(a)  Accept contributions from:


(I)  Any natural person who is not a citizen of the United States;


(II)  A foreign government;


(III)  Any foreign corporation that does not have the authority to transact

business in this state pursuant to article 115 of title 7 or any successor section; or

(IV)  A candidate committee;


(b)  Make contributions to a candidate or candidate committee.


(5.5)  A natural person who is not a citizen of the United States, a foreign

government, or a foreign corporation shall not establish, register, or maintain a political committee, small donor committee, political party, issue committee, or small-scale issue committee, or make an electioneering communication or regular biennial school electioneering communication.

(5.7)  A natural person who is not a citizen of the United States, a foreign

government, or a foreign corporation shall not make any direct ballot issue or ballot question expenditure in connection with an election on a ballot issue or ballot question in the state.

(6)  No nondomestic corporation may make any contribution under article

XXVIII of the state constitution or this article that a domestic corporation is prohibited from making under article XXVIII of the state constitution or this article.

(6.5)  Notwithstanding any other provision of law, a candidate committee

established in the name of a candidate may expend contributions received and accepted by the committee during any particular election cycle to reimburse the candidate for reasonable and necessary expenses for the care of children or other dependents the candidate incurs directly in connection with the candidate's campaign activities during the election cycle. The candidate committee shall disclose the expenditures in the same manner as any other expenditures the committee is required to disclose under section 1-45-108 (1)(a)(I).

(7) (a)  Any person who believes that a violation of subsection (1.5), (1.7), (5), or

(6) of this section has occurred may file a written complaint with the secretary of state in accordance with section 1-45-111.7 (2).

(b)  Any person who has violated subsection (1.5), (1.7), (5)(a), (5)(b), (5)(c), or

(6) of this section is subject to a civil penalty of at least double and up to five times the amount contributed or received in violation of the applicable provision.

(c)  Any person who has violated any of the provisions of subsection (5)(d)(I)

of this section is subject to a civil penalty of fifty dollars per day for each day that the written affirmation regarding the membership of a limited liability company has not been filed with or retained by the candidate committee, political committee, or political party to which a contribution has been made.

(8)  As used in this section, limited liability company has the same meaning

as domestic limited liability company as defined in section 7-90-102 (15) or foreign limited liability company as defined in section 7-90-102 (24).

(9) (a)  The voters instruct the Colorado congressional delegation to propose

and support, and the Colorado state legislature to ratify, an amendment to the United States Constitution that allows Congress and the states to limit campaign contributions and spending, to ensure that all citizens, regardless of wealth, can express their views to one another and their government on a level playing field.

(b)  The provisions of this subsection shall take effect on January 1, 2013, and

be applicable thereafter.

(10)  For purposes of this section, the terms unaffiliated, major political

party, and minor political party have the same meanings as specified in the Uniform Election Code of 1992, articles 1 to 13 of this title.

(11) (a)  If, within the six months before becoming a candidate for public

office, a person actively solicits funds for an independent expenditure committee with the intent of benefiting his or her future candidacy, any expenditure made by that independent expenditure committee in that candidate's race is presumed to be controlled by or coordinated with that candidate and deemed to constitute both a contribution by the maker of the expenditures, and an expenditure by the candidate committee.

(b)  If any complaint filed under section 1-45-111.7 for a violation of this

subsection (11) fails to state sufficient facts to support the allegations of the complaint, upon a final agency action, the respondent to such a complaint may apply to the state district court for an award of the person's attorneys fees and costs in connection with defending against the complaint if the district court determines that the complaint was frivolous, vexatious, or for the purpose of harassment.

(12) (a) (I)  A candidate committee account that was established for a

candidate who was not elected must be terminated within one year following the election for which the candidate committee account was established unless there is an outstanding campaign finance complaint against the candidate committee that established the candidate committee account.

(II)  A candidate committee account that was established for a candidate who

was elected must be terminated within one year following the date that the candidate who was elected leaves office unless there is an outstanding campaign finance complaint against the candidate committee that established the candidate committee account.

(b)  The total amount of unexpended campaign contributions that are

transferred to a new candidate committee for a different office sought by the same candidate shall not exceed the political party contribution limit for the initial candidate committee that received the contributions.

Source: L. 2003: Entire section added, p. 2160, � 6, effective June 3. L. 2004:

Entire section amended, p. 863, � 1, effective May 21. L. 2007: (5), (6), (7), and (8) added, p. 1766, � 2, effective June 1. L. 2008: (5)(d)(II) amended, p. 440, � 1, effective April 14. L. 2010: (2.5) added and (6) and (8) amended, (SB 10-203), ch. 269, p. 1230, � 3, effective May 25. Initiated 2012, (Amendment 65): (9) added, L. 2013, p. 3301, effective upon proclamation of the Governor, January 1, 2013. L. 2014: IP(3) and (4) amended and (4.5) and (10) added, (HB 14-1335), ch. 145, p. 494, � 2, effective May 2. L. 2018: (2.5) and (8) amended, (HB 18-1047), ch. 155, p. 1092, � 2, effective April 23. L. 2019: (7)(a) amended, (SB 19-232), ch. 330, p. 3065, � 2, effective July 1; (1.5) added and (4.5)(a) and (7)(b) amended, (HB 19-1007), ch. 97, p. 356, � 1, effective August 2; (5.3), (5.5), and (11) added, (HB 19-1318), ch. 328, p. 3041, � 2, effective August 2; (6.5) added, (SB 19-229), ch. 354, p. 3260, � 1, effective September 1. L. 2022: (1.7) added and (7) amended, (HB 22-22-1060), ch. 99, p. 472, � 2, effective July 1. L. 2023: (1.5)(f), (3.5), and (12) added and (5.3) amended, (SB 23-276), ch. 399, p. 2394, � 47, effective June 6; (1.9) added, (HB 23-1245), ch. 417, p. 2466, � 1, effective January 1, 2024. L. 2024: (5.7) added, (SB 24-210), ch. 468, p. 3262, � 49, effective June 6. L. 2025: (4.7) added, (HB 25-1319), ch. 272, p. 1409, � 5, effective May 28; (4.8) added, (HB 25-1315), ch. 180, p. 775, � 6, effective August 6.

Editor's note:   Subsection (9) was added by initiative in 2012. The vote count

on the measure at the general election held November 6, 2012, was as follows:

FOR:  1,276,432


AGAINST:  988,542


Cross references: (1)  For the legislative declaration in the 2010 act adding

subsection (2.5) and amending subsections (6) and (8), see section 1 of chapter 269, Session Laws of Colorado 2010.

(2)  For the legislative declaration in HB 14-1335, see section 1 of chapter 145,

Session Laws of Colorado 2014.

C.R.S. § 1-47-301

1-47-301. Election data collection and maintenance. [Editor's note: For the applicability of this section on or after January 1, 2026, see the editor's note following the article 47 heading.]

(1) (a) The secretary of state shall collect and maintain the following data in an electronic format:

(I)  Annual estimates of total population, voting age population, and citizen

voting age population by race, ethnicity, language minority group, and disability status for each political subdivision, which are specified at the precinct level, if available, or the district or county level and which are based on information from the United States census bureau, including from the American community survey, or information of comparable quality collected by a public entity. The department of local affairs, created in section 24-1-125, shall annually provide the required estimates to the secretary of state. The secretary of state's office shall, to the extent that such data exists, annually provide the department of local affairs with voting precinct boundaries in the form that such data exists.

(II)  Election results at the precinct level, if any, for state and political

subdivision elections; and

(III)  Geocoded locations of voter service and polling centers, polling

locations, ballot drop boxes, and ballot drop-off locations for each election in each political subdivision, if available, in addition to the number of days and hours that each voter service and polling center, polling location, or ballot drop-off location is open.

(b)  The secretary of state shall retain the data described in subsection (1)(a)

of this section for the length of time that it is available or the preceding twelve years and shall maintain the data on as current a basis as is possible.

(c)  The secretary of state shall make the data described in subsection (1)(a)

of this section available on the secretary of state's website in an accessible and appropriate electronic format; except that personally identifiable voter information that is not publicly available is not published and accessible.

Source: L. 2025: Entire article added, (SB 25-001), ch. 178, p. 758, � 11,

effective August 6.

C.R.S. § 1-5-402

1-5-402. Primary election ballots. (1) No later than thirty-two days before the primary election, the county clerk and recorder shall prepare a separate ballot for each political party. The county clerk and recorder shall ensure that the ballots are printed in the following manner:

(a)  The county clerk and recorder shall ensure that all official ballots are

printed according to the provisions of section 1-5-407; except that across the top of each ballot must be printed the name of the political party for which the ballot is to be used.

(b)  The positions on the ballot shall be arranged as follows: First, candidates

for United States senator; next, congressional candidates; next, state candidates; next, legislative candidates; next, district attorney candidates; next, other candidates for district offices greater than a county office; next, candidates for county commissioners; next, county clerk and recorder candidates; next, county treasurer candidates; next, county assessor candidates; next, county sheriff candidates; next, county surveyor candidates; and next, county coroner candidates. When other offices are to be filled at the coming general election, the county clerk and recorder, in preparing the primary ballot, shall use substantially the form prescribed by this section, stating the proper designation of the office and placing the names of the candidates for the office under the name of the office.

(2)  Repealed.


Source: L. 92: Entire article R&RE, p. 707, � 8, effective January 1, 1993. L.

93: (1)(a) amended, p. 1766, � 6, effective June 6. L. 99: IP(1) amended, p. 774, � 46, effective May 20. Initiated 2016: (2) added, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2825. L. 2018: (2) repealed, (SB 18-233), ch. 262, p. 1608, � 13, effective May 29. L. 2024: IP(1) and (1)(a) amended, (SB 24-210), ch. 468, p. 3247, � 14, effective June 6.

Editor's note: (1)  This section is similar to former � 1-6-401 (2) as it existed

prior to 1992.

(2)  This section was amended by initiative in 2016. The vote count on

Proposition 108 at the general election held November 8, 2016, was as follows:

FOR:  1,398,577


AGAINST:  1,227,117


Cross references: (1)  For order of names on a primary ballot, see � 1-4-103;

for designation of candidates by party assembly, see � 1-4-601; for designation of party candidates by petition, see � 1-4-603; for conduct of primary elections, see part 2 of article 7 of this title.

(2)  For the declaration of the people of Colorado in Proposition 108, see

section 1 on p. 2822, Session Laws of Colorado 2017.

C.R.S. § 1-5-403

1-5-403. Content of ballots for general and congressional vacancy elections. (1) The county clerk and recorder of each county using paper ballots or electronically counted ballot cards shall provide printed ballots for every odd-numbered year, general, or congressional vacancy election. The official ballots shall be printed and in the possession of the county clerk and recorder no later than thirty-two days before every odd-numbered year, congressional vacancy, and general election.

(2)  For all elections except those for presidential electors, every ballot shall

contain the names of all candidates for offices to be voted for at that election whose nominations have been made and accepted, except those who have died or withdrawn, and the ballot shall contain no other names. When presidential electors are to be elected, their names shall not be printed on the ballot, but the names of the candidates of the respective political parties or political organizations for president and vice president of the United States shall be printed together in pairs under the title presidential electors. The pairs shall be arranged in the alphabetical order of the names of the candidates for president in the manner provided for in section 1-5-404. A vote for any pair of candidates is a vote for the duly nominated presidential electors of the political party or political organization by which the pair of candidates were named.

(3)  The names of joint candidates of a political party or political organization

for the offices of governor and lieutenant governor shall be printed in pairs. The pairs shall be arranged in the alphabetical order of the names of candidates for governor in the manner provided for in section 1-5-404. A vote for any pair of candidates for governor and lieutenant governor is a vote for each of the candidates who compose that pair.

(4)  The name of each person nominated shall be printed or written upon the

ballot in only one place. Each nominated person's name may include one nickname, if the person regularly uses the nickname and the nickname does not include any part of a political party name. Opposite the name of each person nominated, including candidates for president and vice president and joint candidates for governor and lieutenant governor, shall be the name of the political party or political organization which nominated the candidate, expressed in not more than three words. Those three words may not promote the candidate or constitute a campaign promise.

(5)  The positions on the ballot shall be arranged as follows: First, candidates

for president and vice president of the United States; next, candidates for United States senator; next, congressional candidates; next, joint candidates for the offices of governor and lieutenant governor; next, other state candidates; next, legislative candidates; next, district attorney candidates; next, candidates for the board of directors of the regional transportation district; next, other candidates for district offices greater than a county office; next, candidates for county commissioners; next, county clerk and recorder candidates; next, county treasurer candidates; next, county assessor candidates; next, county sheriff candidates; next county surveyor candidates; and next, county coroner candidates. When other offices are to be filled, the county clerk and recorder, in preparing the ballot, shall use substantially the form prescribed by this section, stating the proper designation of the office and placing the names of the candidates for the office under the name of the office. The ballot issues concerning the retention in office of justices of the supreme court, judges of the court of appeals, judges of the district court, and judges of the county court shall be placed on the ballot in that order and shall precede the placement of ballot issues concerning amendment of the state constitution or pertaining to political subdivisions.

Source: L. 92: Entire article R&RE, p. 708, � 8, effective January 1, 1993. L.

97: (1) amended, p. 184, � 1, effective August 6. L. 99: (1) amended, p. 774, � 47, effective May 20. L. 2012: (4) amended, (HB 12-1292), ch. 181, p. 682, � 20, effective May 17.

Editor's note: This section is similar to former � 1-6-402 as it existed prior to

1992.

Cross references: For provision requiring joint election of governor and

lieutenant governor, see � 1-4-204; for requirement that write-in candidate file affidavit of intent, see � 1-4-1101; for ballots for primary elections, see � 1-5-402; for printing and distribution of ballots, see � 1-5-410; for the furnishing of cards of instruction to election judges, see � 1-5-504; for the manner of voting in precincts which use paper ballots, see � 1-7-304; for ballots defectively marked, see � 1-7-309.

C.R.S. § 1-5-703

1-5-703. Accessibility of polling locations to persons with disabilities. (1) Each polling location shall comply fully with the current ADA standards for accessible design set forth in 28 CFR 36 and promulgated in accordance with the federal Americans with Disabilities Act of 1990, as amended, 42 U.S.C. sec. 12101 et seq., and no barrier shall impede the path of electors with disabilities to the voting booth.

(2)  Emergency polling locations and in-person voting at county jails or

detention centers are exempt from compliance with this section.

(3)  Except as otherwise provided in subsection (2) of this section, a

designated election official shall only select as polling locations such sites that meet the standards of accessibility set forth in subsection (1) of this section.

(4)  Before selecting polling locations, the designated election official shall

submit to the secretary of state an accessibility survey in the form prescribed by the secretary of state identifying the criteria for selecting accessible polling locations and applying the criteria to proposed polling locations.

Source: L. 2004: Entire part added, p. 1354, � 15, effective May 28. L. 2013:

Entire section amended, (HB 13-1303), ch. 185, p. 714, � 51, effective May 10. L. 2024: (2) amended, (SB 24-072), ch. 298, p. 2031, � 2, effective May 31.

Cross references: In 2013, this section was amended by the Voter Access

and Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

C.R.S. § 1-5-902

1-5-902. Legislative declaration - intent. (1) The general assembly hereby finds and declares that:

(a)  Congress enacted the language minority provisions of the federal Voting

Rights Act of 1965 because through the use of various practices and procedures, citizens of language minorities have been effectively excluded from participation in the electoral process...;

(b)  Today, the formula in section 203 of the Voting Rights Act of 1965

requires only the Colorado counties of Conejos, Costilla, Denver, and Saguache to provide election materials in both English and Spanish and requires one other Colorado county to provide information in Ute;

(c)  Based on the 2017 five-year estimates specified in the United States

bureau of the census American community survey, there are one hundred three thousand one hundred forty-six eligible electors in Colorado who speak English less than very well. An estimated eighty-two thousand ninety-six of those eligible electors live in counties where ballots and other election materials are not available in languages other than English.

(d)  Further compounding the problem of ballot access for minority language

speakers is the reading level at which Colorado's ballots are written. For many minority language speakers the ballot is simply incomprehensible even if they speak and read some English.

(e)  Section 203 of the Voting Rights Act of 1965 covers a jurisdiction when

the number of United States citizens of voting age in that jurisdiction has a single language group that:

(I)  Is more than ten thousand people of voting age, is more than five percent

of all voting-age citizens, or is on an American Indian reservation and exceeds five percent of all reservation residents; and

(II)  The illiteracy rate of the group is higher than the national illiteracy rate;


(f)  Colorado does not currently expand minority language ballot access

beyond federal requirements; and

(g)  Colorado has an opportunity to make the ballot accessible to more

eligible electors and provide them with meaningful access to a ballot that they are able to read, understand, and vote.

(2)  The general assembly further finds and declares that the intent of this

part 9 is to:

(a)  Provide ballot access to electors throughout the state while balancing

the reality of limited state and county resources; and

(b)  Expand minority language ballot access without changing or reducing

the state's existing responsibilities pursuant to section 203 of the Voting Rights Act of 1965.

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2408, � 1,

effective June 28.

C.R.S. § 1-5-904

1-5-904. Multilingual ballot hotline - creation - secretary of state - rules. (1) The secretary of state shall establish a multilingual ballot hotline to provide access to a qualified translator or interpreter in each of the languages in the state that has at least two thousand citizens age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak a shared minority language at home, and in any additional languages the secretary determines by rule is needed to assist electors in translating ballot language. The multilingual ballot hotline shall be established for use during the general election held in November 2022, and for every general election and statewide odd-year election thereafter.

(2)  The secretary of state shall provide notice on the secretary's website and

shall create signs to be posted by county clerks at all voter service and polling centers to inform electors that the multilingual ballot hotline is available to electors statewide from the first day that domestic ballots for statewide general and coordinated elections are mailed to electors through election day. The multilingual ballot hotline must be available anytime a voter visits a voter service and polling center during that center's hours of public operation. The multilingual ballot hotline must be available to all other voters between 8 a.m. and 5 p.m. Monday through Friday beginning the first day that domestic ballots for statewide general and coordinated elections are mailed to electors through the Friday before election day. The hotline must be available to all voters between 7 a.m. and 7 p.m. on the Monday before election day and on election day.

(3)  The secretary of state shall ensure that each translator or interpreter

who provides translations for the multilingual ballot hotline is a qualified translator or interpreter in the language or languages in which the translator or interpreter provides ballot translation assistance. A qualified translator or interpreter shall provide assistance with translation of ballot language only and shall not provide explanations of or arguments for or against any candidate or question included on the ballot.

(4)  The secretary of state shall promulgate rules in accordance with article 4

of title 24 as may be necessary to create and administer the multilingual ballot hotline, including rules regarding hiring or contracting for qualified translators or interpreters to staff the multilingual ballot hotline. The secretary of state may include rules for sharing qualified translator or interpreter resources with other state agencies.

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2410, � 1, effective

June 28.

C.R.S. § 1-5-905

1-5-905. Multilingual ballot access - general provisions - requirements of secretary of state - county clerks. (1) A county clerk is required to provide multilingual ballot access by creating a minority language sample ballot pursuant to section 1-5-906 and providing an in-person minority language ballot pursuant to section 1-5-907 if:

(a)  The county has at least two thousand citizens age eighteen years or older

who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak a shared minority language at home; or

(b)  At least two and one-half percent of citizens in the county age eighteen

years or older speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and speak a shared minority language at home.

(2)  The secretary of state shall determine which counties in the state are

required to provide multilingual ballot access and, therefore, are required to create a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907. The secretary of state shall make such determination based on information provided in the most recent five-year estimates specified in the United States bureau of the census American community survey or comparable census data. The secretary of state shall notify the county clerk of any county that is required to provide a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907 on or before January 5, 2022, and on or before January 5 of each even year thereafter. In addition, on or before January 5, 2022, and on or before January 5 of each even year thereafter, the secretary of state shall post a list on the secretary's website of all counties that are required to provide a minority language sample ballot pursuant to section 1-5-906 and provide an in-person minority language ballot pursuant to section 1-5-907.

(3)  Legislative council staff shall provide to the secretary of state a

translation of all statewide ballot questions or issues that will appear on the ballot in every language in which a minority language sample ballot must be provided in the state. The secretary of state shall provide each county clerk that is subject to this part 9 with a translation in the applicable language of all content that is certified to the county clerks by the secretary of state. The county clerk of each county shall use the translation provided by the secretary of state in creating the minority language sample ballot and in providing the in-person minority language ballot for his or her county.

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2411, � 1, effective

June 28.

C.R.S. § 1-5-906

1-5-906. Minority language sample ballots - county clerk. (1) The county clerk of any county that satisfies the criteria specified in section 1-5-905 (1) shall, in coordination with the secretary of state, create a minority language sample ballot in any minority language spoken in the county that satisfies the following:

(a)  The minority language is spoken by at least two thousand citizens in the

county age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey, and who speak the minority language at home; or

(b)  The minority language is spoken by at least two and one-half percent of

citizens in the county age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey, and who speak the minority language at home.

(2)  The minority language sample ballot must include all of the same content

that is on the English language ballot.

(3)  A county clerk that is required to create a minority language sample

ballot in one or more minority languages pursuant to this section shall provide such minority language sample ballots for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.

(4)  The minority language sample ballot must include the instructions for

every ballot style in the county. The county clerk is not required to create a sample ballot for every ballot style in the county but may instead create one master document containing all the candidates, questions, and instructions included on every ballot style in the county. Instead of creating one master document, the county clerk may choose to create a minority language sample ballot for each ballot style in the county.

(5)  The county clerk shall make the minority language sample ballot

available and accessible to electors in the county on the website of the county clerk and at voter service and polling centers county-wide. The county clerk shall notify all electors in the county via the mail ballot packet and in each language in which a minority language sample ballot will be created that a minority language sample ballot is available.

(6)  A county clerk shall ensure that the translation provided for the minority

language sample ballot is performed by one or more qualified translators.

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2412, � 1, effective

June 28.

C.R.S. § 1-5-907

1-5-907. In-person minority language ballot - county clerk - voter service and polling centers. (1) The county clerk of any county that satisfies the criteria specified in section 1-5-905 (1) shall ensure that every voter service and polling center in the county is equipped to provide, upon the request of an elector, an in-person minority language ballot in any minority language spoken in the county that satisfies the following:

(a)  The minority language is spoken by at least two thousand citizens in the

county age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak the minority language at home; or

(b)  The minority language is spoken by at least two and one-half percent of

citizens in the county age eighteen years or older who speak English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and who speak the minority language at home.

(2)  An in-person minority language ballot option shall be either a ballot on

demand, a ballot from a printed stock of ballots, or a ballot via a voting device and shall include all of the same content that is on the English language ballot.

(3)  A county clerk that is required to provide an in-person minority language

ballot option in one or more minority languages pursuant to this section shall provide in-person minority language ballot options for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.

(4)  The county clerk shall notify all electors via the mail ballot packet and in

each language in which the in-person minority language ballot option will be available that electors may request an in-person minority language ballot in the applicable language at any voter service and polling center in the county.

Source: L. 2021: Entire part added, (HB 21-1011), ch. 366, p. 2413, � 1, effective

June 28.

C.R.S. § 1-7-1002

1-7-1002. Ranked voting methods - report - legislative declaration.

(1)  Repealed.


(2)  A local government may conduct an election using a ranked voting

method if:

(a)  The use of the ranked voting method in the local government is not

prohibited by the charter of the local government; and

(b)  The election is conducted with a system of casting, recording, and

tabulating votes that is capable of conducting the election using ranked voting and that has been approved by the governing body and the designated election official of the local government.

(2.5)  [Editor's note: Subsection (2.5) is effective March 1, 2026.]

(a) The general assembly finds and declares that for this subsection (2.5), it intends that a general provision with a later effective date prevails over a specific provision with an earlier effective date.

(b)  Before a primary or general election can use a ranked voting method for

federal or state offices, the secretary of state must certify that:

(I)  Municipalities in at least three counties with more than two hundred fifty

thousand active electors, at least thirty-seven thousand five hundred but fewer than two hundred fifty thousand active electors, at least ten thousand but fewer than thirty-seven thousand five hundred active electors, and fewer than ten thousand active electors, have coordinated with the municipality's county clerk to conduct an election with a ranked voting method;

(II)  At least two counties specified in subsection (2.5)(b)(I) of this section

have a population of at least two thousand citizens or at least two and one-half percent of citizens aged eighteen years or older who speak English less than very well, as defined by the United States census bureau American community survey or comparable census data, and who speak a shared language in their place of residence;

(III)  At least two counties specified in subsection (2.5)(b)(I) of this section

have a population of two thousand non-white active electors or at least two and one-half percent non-white active electors as defined by the United States census bureau American community survey or comparable census data; and

(IV)  A risk-limiting audit has been successfully completed for each municipal

election in the municipalities specified in subsection (2.5)(b)(I) of this section and has demonstrated that the certified outcomes in each race were correct.

(c)  When all of the requirements specified in subsection (2.5)(b) of this

section are satisfied, and before a primary or general election can use a ranked voting method for federal or state offices, the secretary of state shall provide a report as part of the secretary's presentation to the legislative committees of reference at the committees' hearings held pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act pursuant to part 2 of article 7 of title 2, regarding the impact of ranked choice voting methods as compared to elections conducted through other voting methods. As available, the report must include information regarding spoilage of ballots, undervotes, record of use and results of risk-limiting audits, and the impact on voter turnout in historically under-represented communities, including the disabled community, non-English speaking voters, and non-white voters.

(3)  The secretary of state shall submit a report to the state, veterans, and

military affairs committees, or any successor committees, of the house of representatives and the senate no later than February 15, 2011, that includes, but is not limited to:

(a)  An assessment of all elections conducted using ranked voting methods

by local governments in accordance with this part 10 and by home rule cities or cities and counties in accordance with their charters from August 5, 2008, through the general election of November 2010;

(b)  Recommendations for changes to statutes, rules, and local voting

procedures that would be required to implement ranked voting as a permanent alternative election method for state, federal, and local special and general elections;

(c)  An inventory of available election equipment necessary for conducting

elections using ranked voting methods, including the costs associated with the equipment; and

(d)  Any recommendations made by the designated election officials of local

governments that conducted an election using a ranked voting method.

Source: L. 2008: Entire part added, p. 1249, � 2, effective August 5. L. 2024:

(1) amended and (2.5) added, (SB 24-210), ch. 468, p. 3265, � 54, effective March 1, 2026. L. 2025: (1) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.

Editor's note: (1)  Subsection (1) was relocated to � 1-7-1001.3 in 2025.


(2)  Subsection (1) was amended in SB 24-210, effective March 1, 2026.

However, those amendments were superseded by the repeal of subsection (1) by SB 25-275, effective August 6, 2025.

C.R.S. § 1-7-1004

1-7-1004. Secretary of state - rules - guidance to local governments. (1) The secretary of state shall adopt rules consistent with section 1-7-1003 and in accordance with article 4 of title 24, C.R.S., on the conduct of elections using ranked voting methods. The rules shall prescribe the methods and procedures for tabulating, auditing, and reporting results in an election using a ranked voting method.

(2)  The secretary of state shall provide guidance and advice to the governing

bodies and designated election officials of local governments of the state on the conduct of elections using ranked voting methods.

Source: L. 2008: Entire part added, p. 1252, � 2, effective August 5.

ARTICLE 7.5

Mail Ballot Elections

Editor's note: This article was added in 1990. This article was repealed and

reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. 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, Voting Under Colorado's Mail Ballot Election Act,

see 21 Colo. Law. 941 (1992).

PART 1

MAIL BALLOT ELECTIONS

1-7.5-101.  Short title. This article shall be known and may be cited as the

Mail Ballot Election Act.

Source: L. 92: Entire article R&RE, p. 752, � 10, effective January 1, 1993.


Editor's note: This section is similar to former � 1-7.5-101 as it existed prior to

1992.

1-7.5-102.  Legislative declaration. (1)  The general assembly hereby finds,

determines, and declares that self-government by election is more legitimate and better accepted as voter participation increases. By enacting this article, the general assembly hereby concludes that it is appropriate to provide for mail ballot elections under specified circumstances.

(2)  Recognizing the continued need for in-person voting options through

early voting and on election day, the general assembly finds that mail ballot elections conducted by the county clerk and recorder must include voter service and polling centers so voters can register to vote, update voter registration information, and vote in person.

(3)  Nothing in this code prevents a political subdivision from conducting an

independent mail ballot election in accordance with article 13.5 of this title.

Source: L. 92: Entire article R&RE, p. 752, � 10, effective January 1, 1993. L.

2010: Entire section amended, (HB 10-1116), ch. 194, p. 834, � 18, effective May 5. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 724, � 80, effective May 10. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 4, � 4, effective February 18.

Editor's note: This section is similar to former � 1-7.5-102 as it existed prior to

1992.

Cross references: (1)  In 2013, this section was amended by the Voter

Access and Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

(2)  For the legislative declaration in HB 14-1164, see section 1 of chapter 2,

Session Laws of Colorado 2014.

1-7.5-103.  Definitions. As used in this article 7.5, unless the context

otherwise requires:

(1)  Designated election official means official as defined in section 1-1-104

(8).

(2)  Election means any election under the Uniform Election Code of 1992

or the Colorado Municipal Election Code of 1965, article 10 of title 31, C.R.S.

(3)  Election day means the date either established by law or determined by

the governing body of the political subdivision conducting the election, to be the final day on which all ballots are determined to be due, and the date from which all other dates in this article are set.

(3.5)  Independent mail ballot election has the meaning set forth in section

1-13.5-1102.

(4)  Mail ballot election means an election for which eligible electors

receive ballots by mail and vote by mailing those ballots, depositing the ballots at, as applicable, drop-off locations or voter service and polling centers, or, as applicable, by voting at a voter service and polling center. The term does not include an independent mail ballot election.

(5)  Mail ballot packet means the packet of information provided by the

designated election official to eligible electors in the mail ballot election and to persons preregistered to vote pursuant to section 1-2-101 (2) who will be eighteen years of age on the date of the mail ballot election. The packet includes the ballot, instructions for completing the ballot, a return envelope, and, if applicable, a secrecy envelope or sleeve.

(6)  Political subdivision means a governing subdivision of the state,

including counties, municipalities, school districts, and special districts.

(7)  Return envelope means an envelope that is printed with spaces for the

name and address of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a ballot for the elector, and that is designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election.

(8)  Secrecy envelope means the envelope or sleeve used for a mail ballot

election that contains the eligible elector's ballot for the election, and that is designed to conceal and maintain the confidentiality of the elector's vote until the counting of votes for that particular election.

Source: L. 92: Entire article R&RE, p. 752, � 10, effective January 1, 1993. L.

94: (4) amended, p. 1166, � 38, effective July 1. L. 2003: (5) and (7) amended, p. 1277, � 4, effective April 22. L. 2009: (4) amended, (HB 09-1015), ch. 259, p. 1184, � 3, effective August 5. L. 2013: (4) amended, (HB 13-1303), ch. 185, p. 725, � 81, effective May 10; (5) amended, (HB 13-1135), ch. 184, p. 678, � 5, effective August 7. L. 2014: (4), (5), and (8) amended and (3.5) added, (HB 14-1164), ch. 2, p. 5, � 5, effective February 18. L. 2018: IP, (5), and (7) amended, (SB 18-233), ch. 262, p. 1612, � 25, effective May 29.

Editor's note: This section is similar to former � 1-7.5-103 as it existed prior to

1992.

Cross references: (1)  For the Uniform Election Code of 1992, see articles 1

to 13 of this title.

(2)  In 2013, subsection (4) was amended by the Voter Access and

Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

(3)  For the legislative declaration in HB 14-1164, see section 1 of chapter 2,

Session Laws of Colorado 2014.

1-7.5-104.  Mail ballot elections - applicability - optional for political

subdivisions other than a county. For all general, primary, odd-year, coordinated, recall, and congressional vacancy elections, the county clerk and recorder shall conduct the election by mail ballot under the supervision of, and subject to rules promulgated in accordance with article 4 of title 24, C.R.S., by, the secretary of state.

Source: L. 92: Entire article R&RE, p. 753, � 10, effective January 1, 1993. L.

93: (2) amended, p. 1422, � 82, effective July 1. L. 94: (1) amended, p. 1166, � 39, effective July 1. L. 2009: (2) amended, (HB 09-1015), ch. 259, p. 1184, � 4, effective August 5. L. 2013: Entire section amended, (HB 13-1303), ch. 185, p. 725, � 82, effective May 10. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 582, � 52, effective May 18.

Editor's note: This section is similar to former � 1-7.5-104 as it existed prior to

1992.

Cross references: In 2013, this section was amended by the Voter Access

and Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

1-7.5-104.5.  Ballots and supplies for mail voting. (1)  The county clerk and

recorder or designated election official shall provide mail ballots, affidavits, certificates, envelopes, instruction cards, and other necessary supplies in the same manner as other election supplies are provided for in all elections and without cost to any eligible elector wishing to vote pursuant to this article.

(2) (a)  The ballots must be in the same form as other official ballots for the

same election.

(b)  The approved form must include, at a minimum:


(I)  Instructions to return a copy of identification with the ballot for first-time

electors who are required to provide identification in accordance with section 1-2-501;

(I.5)  Instructions on how the elector can provide identification and a

signature for verification for first-time electors who do not have a signature stored in the statewide voter registration system;

(II)  Information regarding the availability of accessible voting systems in

elections coordinated by the county clerk and recorder;

(III)  Information regarding how to vote and return the ballot or obtain a

replacement; and

(IV)  Instructions to include adequate postage.


(3)  In counties including more than one state senatorial district or more than

one state representative district, or both, mail ballots must be provided in a manner to be determined by the county clerk and recorder for each combination of state legislative districts. Distinctive markings or colors may be used to identify political subdivisions when such colors or distinctive markings will aid in the distribution and tabulation of the ballots. A complete ballot may consist of one or more pages or cards so long as each page or card is numbered and identified as provided for paper ballots in sections 1-5-407 and 1-5-410. This subsection (3) applies to ballots to be cast on voting machines as well as to paper ballots and ballot cards that can be electronically counted.

(4) (a)  On the mail ballot instructions, the following statements must be

printed: All ballots are counted in the same manner. and You must sign the affirmation on the envelope. Do not sign, initial, or print your name on the ballot.

(b)  The mail ballot instructions shall contain information on how the elector

may verify that his or her mail ballot has been received by the county clerk and recorder or designated election official as provided in section 1-7.5-207.

Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 725, � 83,

effective May 10. L. 2018: (4)(a) amended, (SB 18-233), ch. 262, p. 1612, � 26, effective July 1. L. 2019: (2)(b)(I.5) added, (SB 19-235), ch. 329, p. 3055, � 6, effective July 1, 2020. L. 2021: (2)(b)(I.5) amended, (SB 21-250), ch. 282, p. 1648, � 36, effective June 21.

Cross references: In 2013, this section was added by the Voter Access and

Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

1-7.5-105.  Preelection process - rules. (1) (a)  The county clerk and recorder

or designated election official responsible for conducting an election that is to be by mail ballot pursuant to section 1-7.5-104 (1) shall send a proposed election plan for conducting the mail ballot election to the secretary of state no later than ninety days prior to a nonpartisan election or, for any mail ballot election that is coordinated with or conducted by the county clerk and recorder, no later than one hundred ten days prior to the election. The proposed plan may be based on the standard plan adopted by the secretary of state by rule.

(b)  For each general election, a county clerk and recorder or designated

election official shall solicit public comment on the proposed locations for voter service and polling centers and drop boxes in an election plan required pursuant to subsection (1)(a) of this section. On or before the fifty-fifth day before the deadline to submit the plan to the secretary of state, the county clerk and recorder or designated election official shall post to the county clerk and recorder's website the proposed locations for voter service and polling centers and drop boxes. The county clerk and recorder shall accept public comments on the proposed locations through the fortieth day before the deadline to submit the plan to the secretary of state.

(1.3)  The election plan required under subsection (1) of this section must

include, at a minimum:

(a)  The address and hours of operation for each voter service and polling

center;

(b)  The address and hours of operation for each ballot drop-off location,

including the location of each drop box;

(c)  A throughput analysis for each designated voter service and polling

center that addresses:

(I)  The number of electors anticipated at the center during its operation;


(II)  If the center was used in a previous election, the wait times and number

of electors that used the center in the previous election; and

(III)  The number of election judges, check-in stations, printers, and other

equipment that will be in use at the center;

(d)  A copy of the mail ballot packet that will be used in the election;


(e)  A copy of the signature card that will be used for in-person voting in

accordance with section 1-7-110;

(f)  Copies of all forms that will be available or provided to electors to cure

deficiencies or errors during the election with the county-specific information filled in;

(f.5)  The information required by section 1-7.5-113.5 (2); and


(g)  Such other information as the secretary of state may require.


(1.5)  Repealed.


(2) (a)  The secretary of state shall approve or disapprove the written plan for

conducting a mail ballot election, in accordance with section 1-7.5-106, within twenty days after receiving the plan and shall provide a written notice to the affected political subdivision.

(b)  Repealed.


(c)  The secretary of state may promulgate rules concerning the submission

and approval of election plans.

(3)  The county clerk and recorder or designated election official shall

supervise the distribution, handling, and counting of ballots and the survey of returns in accordance with rules promulgated by the secretary of state as provided in section 1-7.5-106 (2) and shall take the necessary steps to protect the confidentiality of the ballots cast and the integrity of the election.

(4)  No elector information shall be delivered in the form of a sample ballot.


Source: L. 92: Entire article R&RE, p. 753, � 10, effective January 1, 1993. L.

93: (1) amended, p. 1423, � 83, effective July 1. L. 94: (1) amended, p. 1166, � 40, effective July 1. L. 95: (1) amended, p. 840, � 61, effective July 1. L. 2007: (1) and (2) amended, p. 922, � 1, effective May 17. L. 2009: (1.5) added and (2) amended, (HB 09-1015), ch. 259, p. 1184, � 5, effective August 5. L. 2010: (1) and (2)(a) amended, (HB 10-1116), ch. 194, p. 834, � 19, effective May 5; (2)(b) amended, (HB 10-1422), ch. 419, p. 2062, � 2, effective August 11. L. 2012: (1) and (1.5)(a) amended, (HB 12-1292), ch. 181, p. 686, � 32, effective May 17. L. 2013: (1) and (3) amended and (1.5) and (2)(b) repealed, (HB 13-1303), ch. 185, p. 726, � 84, effective May 10. L. 2019: (1) amended and (1.3) and (2)(c) added, (HB 19-1278), ch. 326, p. 3029, � 40, effective August 2. L. 2021: (1) and (2)(a) amended and (1.3)(f.5) added, (SB 21-250), ch. 282, p. 1648, � 37, effective June 21.

Editor's note: This section is similar to former � 1-7.5-105 as it existed prior to

1992.

Cross references: (1)  In 2013, subsections (1) and (3) were amended and

subsections (1.5) and (2)(b) were repealed by the Voter Access and Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

(2)  For the short title (Colorado Votes Act) in HB 19-1278, see section 1 of

chapter 326, Session Laws of Colorado 2019.

1-7.5-106.  Secretary of state - duties and powers. (1)  In addition to any

other duties prescribed by law, the secretary of state, with advice from election officials of the several political subdivisions, shall:

(a)  Prescribe the form of materials to be used in the conduct of mail ballot

elections; except that all mail ballot packets shall include a ballot, instructions for completing the ballot, and a return envelope;

(b)  Establish procedures for conducting mail ballot elections; except that the

procedures shall be consistent with section 1-7.5-107;

(c)  Supervise the conduct of mail ballot elections by the election officials as

provided in section 1-7.5-105 (3).

(2)  In addition to other powers prescribed by law, the secretary of state may

adopt rules governing procedures and forms necessary to implement this article and may appoint any county clerk and recorder as an agent of the secretary to carry out the duties prescribed in this article.

Source: L. 92: Entire article R&RE, p. 754, � 10, effective January 1, 1993. L.

2001: (1)(a) amended, p. 1003, � 10, effective August 8. L. 2003: (1)(a) amended, p. 1278, � 5, effective April 22. L. 2018: (1)(a) amended, (SB 18-233), ch. 262, p. 1612, � 27, effective May 29.

Editor's note: This section is similar to former � 1-7.5-106 as it existed prior to

1992.

1-7.5-106.5.  Registration record - list of mail ballots. (1)  Before any mail

ballot is delivered or mailed or before any eligible elector is permitted to cast a vote at an election where the county clerk and recorder is the designated election official, the designated election official shall record the date the ballot is delivered or mailed in the statewide voter registration database.

(2)  For nonpartisan elections coordinated by the county clerk and recorder,

voters shall be recorded in the statewide voter registration database.

(3)  The county clerk and recorder or designated election official shall record

in the statewide voter registration system created in section 1-2-301 (1) the names and precinct numbers of eligible electors, together with the date on which the mail ballot was sent and the date on which each mail ballot was returned or otherwise cast. For unaffiliated electors in a primary election, the county clerk and recorder shall record which political party's ballot the elector cast. If a mail ballot is not returned or otherwise cast, or if it is rejected and not counted, that fact must be recorded in the statewide voter registration system. The information is subject to public inspection under applicable laws and rules.

Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 727, � 85,

effective May 10. L. 2017: (3) amended, (SB 17-305), ch. 216, p. 844, � 6, effective August 9.

Cross references: In 2013, this section was added by the Voter Access and

Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

1-7.5-107.  Procedures for conducting mail ballot election - primary

elections - first-time voters casting a mail ballot after having registered by mail to vote - in-person request for ballot - return envelope requirements - repeal. (1) Official ballots shall be prepared and all other preelection procedures followed as otherwise provided by law or rules promulgated by the secretary of state; except that mail ballot packets shall be prepared in accordance with this article.

(2)  Repealed.


(2.3)  (Deleted, 2016.)


(2.5)  Repealed.


(2.7)  Subsequent to the preparation of ballots in accordance with section 1-5-402 but prior to the mailing required under subsection (3) of this section, and no

sooner than forty-five days nor later than thirty-two days before an election, a designated election official shall provide a mail ballot to a registered elector requesting the ballot at the designated election official's office or the office designated in the election plan filed with the secretary of state.

(3) (a) (I)  Not sooner than twenty-two days before a general, primary, or other

mail ballot election, and no later than eighteen days before the election, the county clerk and recorder or designated election official shall mail to each active registered elector, at the last mailing address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet, which must be marked DO NOT FORWARD. ADDRESS CORRECTION REQUESTED., or any other similar statement that is in accordance with United States postal service regulations. Nothing in this subsection (3) affects any provision of this code governing the delivery of mail ballots to an absent uniformed services elector, nonresident overseas elector, or resident overseas elector covered by the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. sec. 20301 et seq.

(II)  If the twenty-second day before a general, primary, or other mail ballot

election is a Saturday, Sunday, state legal holiday, or federal holiday recognized by the United States postal service, the county clerk and recorder or designated election official may mail ballot packets pursuant to subsection (3)(a)(I) of this section on the Friday immediately preceding the twenty-second day.

(b)  The ballot or ballot label shall contain the following warning:

WARNING:

Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both.

(b.5) (I) (A)  The return envelope must have printed on it a self-affirmation

substantially in the following form:

I affirm under penalty of perjury that I am a United States citizen and an eligible elector; I have been a Colorado resident for at least twenty-two days immediately before this election; I am registered to vote at my sole legal place of residence; I will be at least eighteen years of age on election day; I voted the ballot that was issued to me; and this is the only ballot I have voted in this election.

............................................................


DateSignature of voter


(B)  (Deleted by amendment, L. 2021.)


(II)  The signing of the self-affirmation on the return envelope shall constitute

an affirmation by the eligible elector, under penalty of perjury, that the facts stated in the self-affirmation are true. If the eligible elector is unable to sign, the eligible elector may affirm by making a mark on the self-affirmation, with or without assistance, witnessed by another person.

(III)  The return envelope shall not be required to have a flap covering the

signature or otherwise impede the use of a signature verification device.

(c)  Repealed.


(d)  An eligible elector may obtain a replacement ballot in accordance with

the procedures specified in sections 1-7.5-114.5 and 1-7.5-115.

(3.5) (a)  Unless otherwise provided by section 1-2-201 (5), the requirements

of this subsection (3.5) apply to a person who registered to vote in accordance with article 2 of this title and who has not previously voted in an election in Colorado.

(b)  Any person who matches the description specified in subsection (3.5)(a)

of this section and intends to cast his or her ballot by mail in accordance with this article 7.5 shall submit with his or her mail ballot a copy of identification within the meaning of section 1-1-104 (19.5).

(c)  The county clerk and recorder or designated election official shall include

with the mail ballot packet required by paragraph (a) of subsection (3) of this section written instructions advising an elector who matches the description specified in paragraph (a) of this subsection (3.5) of the manner in which the elector shall be in compliance with the requirements contained in paragraph (a) of this subsection (3.5).

(d) (I)  Any person who desires to cast his or her ballot by mail but does not

satisfy the requirements of subsection (3.5)(b) of this section may cast such ballot by mail. The county clerk and recorder or designated election official shall, within three days after the receipt of a mail ballot that does not contain a copy of identification as defined in section 1-1-104 (19.5), but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the lack of compliance with subsection (3.5)(b) of this section. If the county clerk and recorder or designated election official receives a copy of identification in compliance with subsection (3.5)(b) of this section within eight days after election day, and if the mail ballot is otherwise valid, the mail ballot shall be counted.

(II)  The county clerk and recorder or designated election official, within

twenty-four hours of receiving an eligible elector's identification in compliance with subsection (3.5)(b) of this section, shall update the statewide voter registration system to indicate that the eligible elector has cured the deficiency on their ballot. The clerk and recorder or designated election official is not required to update the statewide voter registration system pursuant to this subsection (3.5)(d)(II) on a Saturday, Sunday, or legal holiday unless, on the Thursday immediately following election day, the clerk and recorder or designated election official's review of the remaining number of letters issued but not returned pursuant to subsection (3.5)(d)(I) of this section and sections 1-7.5-107.3 (1.5)(a) and 1-7.5-107.3 (2)(a) indicates that the margin for any ballot contest or ballot question is greater than the remaining number of letters issued or indicates that the remaining number of letters issued to voters eligible to vote on a particular ballot contest or ballot question could not potentially move the margin of that ballot contest or ballot question into a mandatory recount pursuant to section 1-10.5-101 (1)(b), if returned.

(III)  For state-certified ballot contests and ballot measures, the secretary of

state's office shall complete the review pursuant to subsection (4.3)(a)(II) of this section.

(e)  The requirements of this subsection (3.5) shall be implemented by state

and local election officials in a uniform and nondiscriminatory manner.

(f)  Notwithstanding any other provision of law, the requirements of this

subsection (3.5) do not apply to any person who is:

(I)  Entitled to vote by absentee ballot under the federal Uniformed and

Overseas Citizens Absentee Voting Act, 52 U.S.C. sec. 20301 et seq.;

(II)  Provided the right to vote otherwise than in person under section

(b)(2)(B)(ii) of the federal Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. sec. 20102 et seq.; or

(III)  Entitled to vote otherwise than in person under any other federal law.


(4) (a)  Upon receipt of a ballot, the eligible elector shall mark the ballot, sign

and complete the self-affirmation on the return envelope, enclose identification if required by subsection (3.5) of this section, and comply with the instructions provided with the ballot.

(b) (I)  The eligible elector may:


(A)  Return the marked ballot to the county clerk and recorder or designated

election official by United States mail or by depositing the ballot at the office of the county clerk and recorder or designated election official or at any voter service and polling center, drop box, or drop-off location designated by the county clerk and recorder or designated election official as specified in the election plan filed with the secretary of state. The ballot must be returned in the return envelope.

(B)  Deliver the ballot to any person of the elector's own choice or to any duly

authorized agent of the county clerk and recorder or designated election official for mailing or personal delivery; except that no person other than a duly authorized agent of the county clerk and recorder or designated election official may receive more than ten mail ballots in any election for mailing or delivery; or

(C)  Cast his or her vote in person at the voter service and polling center.


(II)  If an eligible elector returns the ballot by mail, the elector must provide

postage. The ballot must be received at the office of the county clerk and recorder or designated election official, a drop box, or a designated drop-off location, which must remain open until 7 p.m. on election day. All envelopes containing mail ballots must be in the hands of the county clerk and recorder or designated election official no later than 7 p.m. on the day of the election. Mail ballot envelopes received after 7 p.m. on the day of the election but postmarked on or before the day of the election will remain sealed and uncounted, but the elector's registration record shall not be canceled for failure to vote in a general election.

(III)  A person who delivers a ballot on behalf of an elector pursuant to sub-subparagraph (B) of subparagraph (I) of this paragraph (b) is not deemed to be

voting more than once pursuant to section 1-13-710.

(IV)  Nothing in subparagraph (II) of this paragraph (b) affects or supersedes

provisions regarding the timely casting and counting of ballots under section 1-8.3-111 or 1-8.3-113.

(c) and (d)  Repealed.


(4.3) (a) (I)  For any election, other than a general election, for which a county

clerk and recorder is the designated election official, there must be a minimum number of drop boxes where mail ballots may be deposited equal to at least one drop box for each thirty thousand active registered electors in the county; except that, if the district or political subdivision for which the election is being conducted is less populous than the county, the county clerk and recorder shall designate at least one drop box for each thirty thousand current active registered electors eligible to vote in that election. The drop boxes must be arrayed throughout the county in a manner that provides the greatest convenience to electors. Each drop box must comply with the secretary of state's current security rules.

(II)  On and after January 1, 2020, for a presidential primary or November

coordinated election, in addition to the requirements of subsection (4.3)(a)(I) of this section, the county clerk and recorder shall establish a drop box on each campus of a state institution of higher education located within the county that has two thousand or more enrolled students as determined in accordance with section 1-5-102.9 (1)(b.5)(III).

(III)  A county may establish additional drop-off locations at the county's

discretion. Each drop-off location must be supervised in accordance with section 1-5-102.9 (5)(f).

(b)  The minimum number of drop boxes described in subsection (4.3)(a) of

this section must accept mail ballots delivered by electors during, at a minimum, the seven days prior to and including the day of the election.

(c) (I)  The county clerk and recorder or designated election official shall

arrange for the collection of ballots by bipartisan teams of election judges or staff from each drop box location after the drop box location is open and must receive the ballots into the statewide voter registration system:

(A)  At least once every seventy-two hours after ballots are mailed, excluding

ballots that are mailed pursuant to the federalUniformed and Overseas Citizens Absentee Voting Act of 1986, 52 U.S.C. sec. 20301 et seq., until the date that voter service and polling centers are required to open;

(B)  At least once every twenty-four hours during the days that voter services

and polling centers are required to be open;

(C)  For counties with at least two hundred fifty thousand active electors as

of the date of the previous general election, at least once on the Sunday before election day; and

(D)  For counties with at least two hundred fifty thousand active electors as

of the date of the previous general election, at least twice on the Monday before election day and at least twice on election day before 7 p.m.

(II)  A county clerk and recorder or designated election official may satisfy

the requirements of subsection (4.3)(c)(I) of this section by:

(A)  Collecting and transporting the ballots to the central counting location

for receipt into the statewide voter registration system; or

(B)  Collecting and transporting the ballots to the nearest voter service and

polling center for receipt into the statewide voter registration system.

(III)  A county clerk and recorder may request a waiver from the secretary of

state exempting the county from the drop box ballot collection requirements in subsection (4.3)(c)(I) of this section. If the secretary of state grants the waiver, the county clerk shall arrange for the collection of ballots by bipartisan teams of election judges from all exempt drop box locations once they are open as often as necessary, but at least once each week after the initial mailing of ballots under subsection (3)(a)(I) of this section, until the Friday before election day. The county clerk must post a notice on each exempt drop box of the dates and approximate times ballots will be collected.

(4.5) (a) (I)  For any primary or November coordinated election, the county

clerk and recorder shall designate voter service and polling centers equal to no fewer than the number of county motor vehicle offices in the county; except that each county shall have no fewer than one voter service and polling center, and, for counties with fewer than twenty-five thousand active registered electors, only one voter service and polling center is required. The county clerk and recorder may add additional voter service and polling center locations as necessary.

(II)  Repealed.


(III) (A)  For a presidential primary or November coordinated election, from

the eighth day before the election until the second day before the election, the county clerk and recorder shall designate at least one voter service and polling center on each campus of an institution of higher education, as defined in section 23-3.1-102 (5), that has ten thousand or more enrolled students, and on the day before the election and on election day, the county clerk and recorder shall designate at least one voter service and polling center on each campus of an institution of higher education located within the county that has two thousand or more enrolled students as determined in accordance with section 1-5-102.9 (1)(b.5)(III).

(B)  In a county described in section 1-5-102.9 (1)(a)(I) or (1)(a)(II), a voter

service and polling center designated in accordance with this subsection (4.5)(a)(III) may count toward the minimum requirements of subsection (4.5)(a)(I) of this section. In all other counties, a voter service and polling center designated in accordance with this subsection (4.5)(a)(III) must be in addition to the minimum requirements of subsection (4.5)(a)(I) of this section.

(b)  (Deleted by amendment, L. 2013.)


(b.5)  For any election, other than a general, primary, or November

coordinated election, for which the county clerk and recorder is the designated election official, the county clerk and recorder shall designate at least one voter service and polling center for each thirty thousand current active registered electors who are eligible to vote in that election.

(c)  The minimum number of voter service and polling centers shall be open

during, at a minimum, the eight days prior to and including the day of the election; except that voter service and polling centers are not required to be open on Sundays.

(d)  In designating voter service and polling centers under this subsection

(4.5), a county clerk and recorder shall take into account the factors described under section 1-5-102.9 (1)(c)(I).

(4.7)  For the purposes of subsections (4.3) and (4.5) of this section, the

number of active registered electors in a county is the number of active electors registered in the county on the date of the previous presidential election or on the date of the last general election, whichever is greater.

(5) (a)  Once the ballot is returned, an election judge shall first qualify the

submitted ballot by comparing the information on the return envelope with the registration records to determine whether the ballot was submitted by an eligible elector who has not previously voted in the election. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the pollbook that the eligible elector cast a ballot and deposit the ballot in an official ballot box.

(b)  (Deleted by amendment, L. 2010, (HB 10-1116), ch. 194, p. 834, � 20,

effective May 5, 2010.)

(c)  For any election conducted with or coordinated by a county clerk and

recorder, the signature of the eligible elector on the return envelope shall be compared with the signature of the eligible elector on file in the office of the county clerk and recorder or in the statewide voter registration system in accordance with section 1-7.5-107.3.

(6)  All deposited ballots shall be counted as provided in this article and by

rules promulgated by the secretary of state. A mail ballot is valid and shall be counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (5) of this section. Mail ballots shall be counted in the same manner provided by section 1-7-307 for counting paper ballots or section 1-7-507 for counting electronic ballots. If the election official determines that an eligible elector to whom a replacement ballot has been issued has returned more than one ballot, the first ballot received is the accepted ballot. All candidates and issues for which the voter is eligible to vote will be counted on the accepted ballot. Rejected ballots shall be handled in the same manner as provided in sections 1-7.5-204 and 1-7.5-210.

(7)  If, by the close of polls, an elector deposits a ballot at a drop-off location

in a county in which the elector does not reside, the county clerk and recorder, upon discovering that fact, shall timely deliver the ballot to the county clerk and recorder of the county in which the elector resides, who shall accept the ballot for processing.

Source: L. 92: Entire article R&RE, p. 754, � 10, effective January 1, 1993. L.

93: (3)(c) and (5) amended, p. 1767, � 10, effective June 6; (2)(b) amended, p. 1423, � 84, effective July 1. L. 94: (2)(a), (3)(c), (3)(d), and (4)(b) amended, p. 1167, � 41, effective July 1. L. 95: (2), (3)(a), (3)(d), and (5) amended, p. 841, � 62, effective July 1. L. 96: (2)(b) and (6) amended, pp. 1749, 1774, �� 45, 79, effective July 1. L. 97: (3)(a) and (3)(c) amended, p. 186, � 6, effective August 6. L. 99: (2.5) added, p. 776, � 58, effective May 20. L. 2001: (3)(b.5) added and (6) amended, pp. 1003, 1004, �� 11, 12, effective August 8. L. 2002: (4)(b) amended, p. 1634, � 17, effective June 7. L. 2003: (3)(b.5), (4), (5), and (6) amended, p. 1278, � 6, effective April 22; (3.5) added, p. 2078, � 15, effective May 22. L. 2004: (4)(a) and (5)(b) amended and (4)(c) and (4)(d) repealed, pp. 1053, 1054, �� 6, 9, effective May 21. L. 2005: (3.5)(d) and (5)(b) amended, p. 1410, � 28, effective June 6; (3.5)(d) and (5)(b) amended, p. 1445, � 28, effective June 6. L. 2006: IP(3.5)(a) amended, p. 2033, � 13, effective June 6. L. 2007: (6) amended, p. 1981, � 31, effective August 3. L. 2008: (3)(b.5)(III) added and (5)(c) amended, p. 358, �� 3, 4, effective April 10. L. 2009: (2.3), (4.3), and (4.5) added and (2.5)(a), (3)(a), and (3)(c) amended, (HB 09-1015), ch. 259, p. 1185, � 6, effective August 5; (3)(b.5)(I) amended, (HB 09-1216), ch. 165, p. 729, � 3, effective August 5; (3.5)(d) amended, (HB 09-1337), ch. 262, p. 1201, � 1, effective August 5. L. 2010: (3)(a)(I), (4.3)(b), (4.5)(c), and (5)(b) amended, (HB 10-1116), ch. 194, p. 834, � 20, effective May 5. L. 2012: (2.7) added and (5)(c) amended, (HB 12-1292), ch. 181, p. 686, � 33, effective May 17. L. 2013: (2)(a), (2.3)(a), (2.5)(a), (3)(a), (3)(c), (3)(d), (3.5)(c), (3.5)(d), (4)(b), (4.3), (4.5), and (6) amended, (HB 13-1303), ch. 185, p. 727, � 86, effective May 10. L. 2014: (4.3)(a) and (4.5)(a) amended and (4)(b)(IV), (4.5)(b.5), and (7) added, (SB 14-161), ch. 160, p. 563, � 17, effective May 9; (3)(a)(II) amended, (HB 14-1363), ch. 302, p. 1261, � 1, effective May 31. L. 2016: (2), (2.5), and (3)(c) repealed and (3)(a), (3)(d), (3.5)(a), IP(3.5)(f), (3.5)(f)(I), and (3.5)(f)(II) amended, (SB 16-142), ch. 173, p. 582, � 53, effective May 18. Initiated 2016: (2.3) deleted and (2.5)(a)(II) amended, Proposition 108, effective upon proclamation of the Governor, December 27, 2016. See L. 2017, p. 2826. L. 2017: (2.5)(a)(II) repealed and (3)(a)(II) amended, (SB 17-305), ch. 216, p. 844, � 5, effective August 9. L. 2018: (2.7) amended, (SB 18-233), ch. 262, p. 1613, � 28, effective May 29. L. 2019: (2.7), (3)(a)(I), (3)(a)(II), (3.5)(b), (3.5)(d), (4)(b)(I)(A), (4)(b)(II), (4.3), and (4.5)(a)(I) amended, (4.5)(a)(II)(B) repealed, and (4.5)(a)(III) and (4.7) added, (HB 19-1278), ch. 326, p. 3030, � 41, effective August 2; (3)(b.5)(I) amended, (SB 19-235), ch. 329, p. 3057, � 11, effective August 2. L. 2020: (3)(d) amended, (HB 20-1313), ch. 260, p. 1254, � 2, effective September 14. L. 2021: (3)(a)(II), (3)(b.5)(I), and (4.3)(a)(III) amended, (SB 21-250), ch. 282, p. 1649, � 38, effective June 21. L. 2023: (3.5)(d) amended and (4.3)(c) added, (SB 23-276), ch. 399, p. 2386, � 33, effective June 6; (4.5)(a)(III)(A) amended, (SB 23-276), ch. 399, p. 2386, � 33, effective January 1, 2024. L. 2024: (3)(a)(I) amended and (4.3)(c)(III) added, (SB 24-210), ch. 468, p. 3255, � 38, effective June 6.

Editor's note: (1)  This section is similar to former � 1-7.5-107 as it existed

prior to 1992.

(2)  Subsection (2.5) was repealed by SB 16-142, effective May 18, 2016;

however, in order to give effect to Proposition 108, the repeal of subsection (2.5)(a)(II) by SB 16-142 was superseded by Proposition 108 approved by the voters November 8, 2016, and effective upon proclamation of the governor on December 27, 2016. Subsection (2.5)(a)(II) was subsequently repealed by SB 17-305, effective August 9, 2017. For amendments to subsection (2.5)(a)(II) in Proposition 108 in effect from December 27, 2016, to August 9, 2017, see section 10 on p. 2826, Session Laws of Colorado 2017.

(3)  This section was amended by initiative in 2016. The vote count on

Proposition 108 at the general election held November 8, 2016, was as follows:

FOR:  1,398,577


AGAINST:  1,227,117


(4)  Subsection (4.5)(a)(II)(C) provided for the repeal of subsections

(4.5)(a)(II)(A) and (4.5)(a)(II)(C), effective January 1, 2017. (See L. 2014, p. 563.)

Cross references: (1)  In 2013, subsections (2)(a), (2.3)(a), (2.5)(a), (3)(a), (3)(c),

(3)(d), (3.5)(c), (3.5)(d), (4)(b), (4.3), (4.5), and (6) were amended by the Voter Access and Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

(2)  For the declaration of the people of Colorado in Proposition 108, see

section 1 on p. 2822, Session Laws of Colorado 2017.

(3)  For the short title (Colorado Votes Act) in HB 19-1278, see section 1 of

chapter 326, Session Laws of Colorado 2019.

1-7.5-107.2.  Manner of early voting - securing ballots cast during early

voting. (1) An eligible elector who receives a mail ballot may cast the ballot at a voter service and polling center prior to election day. Ballot boxes must be locked and sealed each night with a numbered seal under the supervision of the election judges or watchers, and the designated election official shall retain possession of the keys until he or she transfers the same to the counting place pursuant to section 1-7.5-203 for preparation to count and tabulate. When a seal is broken, the designated election official and a person who is not of the same political party as the designated election official shall record the number of the seal and maintain the seal along with an explanation of the reasons for breaking the seal.

(2) (a)  Except as provided in paragraph (b) of this subsection (2), the voting

machines, electronic voting machines, or ballot boxes must remain locked and secured with a numbered seal, and the tabulation of the votes cast must remain unknown until the time prescribed in section 1-7.5-202 for counting voters' ballots. Alternatively, except for electronic voting equipment and mail ballot boxes, the ballot boxes must be opened each night, and the voted ballots must be placed in a transfer case that is locked and secured with a numbered seal. A record must be maintained consisting of the date and seal number of each ballot box and transfer case until each ballot box and transfer case is transferred pursuant to section 1-7.5-203 for preparation for counting and tabulating. When a seal is broken, the designated election official and a person who is not of the same political party as the designated election official shall record the number of the seal and maintain the seal along with an explanation of the reasons for breaking the seal. During the time the voter service and polling center is not open, the designated election official shall have the custody and keys of any voting machine or electronic voting equipment being used for the casting of ballots.

(b)  The designated election official shall place in a locked and secured

location all direct record electronic voting machine cartridges that record votes cast on such voting machines. The tabulation of votes cast and recorded on such cartridges must remain unknown until the time prescribed in section 1-7.5-202 for counting ballots.

Source: L. 2013: Entire section added, (HB 13-1303), ch. 185, p. 732, � 87,

effective May 10.

Cross references: In 2013, this section was added by the Voter Access and

Modernized Elections Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

1-7.5-107.3.  Verification of signatures - rules. (1) (a)  Except as provided in

subsection (5) of this section, in every mail ballot election that is coordinated with or conducted by the county clerk and recorder, an election judge shall compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector stored in the statewide voter registration system in accordance with subsections (2), (3), and (4) of this section.

(b)  (Deleted by amendment, L. 2008, p. 356, � 2, effective April 10, 2008.)


(1.5) (a)  If an eligible elector returns a ballot but does not have a signature

stored in the statewide voter registration system, the county clerk and recorder shall, within three days after the missing signature is confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records and to the eligible elector's electronic mail address if available a letter explaining the need for a signature for verification purposes and a form with instructions for the eligible elector to:

(I)  Confirm that the eligible elector returned a ballot to the county clerk and

recorder;

(II)  Provide a copy of the eligible elector's identification as defined in section

1-1-104 (19.5); and

(III)  Provide a signature for verification in accordance with this section.


(b)  If the county clerk and recorder receives the form within eight days after

election day confirming that the eligible elector returned a ballot to the county clerk and recorder and enclosing a copy of the eligible elector's identification as defined in section 1-1-104 (19.5), and if the ballot is otherwise valid, the ballot shall be counted. If the eligible elector returns the form indicating that the eligible elector did not return a ballot to the county clerk and recorder, or if the eligible elector does not return the form within eight days after election day or does not enclose identification, the ballot shall not be counted.

(c)  An original return envelope containing a voted ballot that is not counted

in accordance with subsection (1.5)(b) of this section shall be stored under seal as an election re

C.R.S. § 1-9-210

1-9-210. Copy of challenge delivered to elector. When a challenge is made to a person who cast a mail ballot or provisional ballot and the person was not present at the time of the challenge, the county clerk and recorder or designated election official shall notify and mail a copy of the challenge to the person challenged in accordance with the rules of the secretary of state.

Source: L. 2005: Entire section added, p. 1422, � 47, effective June 6; entire

section added, p. 1457, � 47, effective June 6. L. 2007: Entire section amended, p. 1796, � 61, effective June 1. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 74, � 42, effective February 18.

Cross references: For the legislative declaration in HB 14-1164, see section 1

of chapter 2, Session Laws of Colorado 2014.

PART 3

PROVISIONAL BALLOTS

1-9-301 to 1-9-306. (Repealed)


Source: L. 2005: Entire part repealed, p. 1425, � 56, effective June 6; entire

part repealed, p. 1461, � 56, effective June 6.

Editor's note: This part 3 was added in 2002. For amendments to this part 3

prior to its repeal in 2005, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

ARTICLE 10

Survey of Returns

Editor's note: Articles 1 to 13 were repealed and reenacted in 1980, and this

article was subsequently repealed and reenacted in 1992, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1992, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume 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 in 1992. For a detailed comparison of this article for 1980 and 1992, see the comparative tables located in the back of the index.

PART 1

SURVEY OF RETURNS - PARTISAN ELECTIONS

C.R.S. § 10-1-122

10-1-122. Reporting of malpractice claims against architects. Each insurance company doing business in this state and engaged in the writing of malpractice insurance for architects shall send to the state board of licensure for architects, professional engineers, and professional land surveyors, in the form prescribed by the commissioner, information relating to each malpractice claim against a licensed architect or a corporation, partnership, or group of persons practicing architecture that is settled or in which judgment is rendered against the insured within ninety days after the effective date of such settlement or judgment.

Source: L. 2003: Entire article RC&RE, p. 600, � 1, effective July 1. L. 2006:

Entire section amended, p. 741, � 3, effective July 1.

Editor's note: This section is similar to former � 10-1-124.5 as it existed prior

to 2002.

Cross references: For the provisions concerning architects, see part 4 of

article 120 of title 12.

C.R.S. § 10-1-302

10-1-302. Definitions. As used in this part 3, unless the context otherwise requires:

(1)  Commissioner means the commissioner of insurance, the

commissioner's deputies, or the division of insurance.

(2)  Company means any person or group of persons engaging in or

proposing or attempting to engage in any transaction or kind of insurance or surety business or any person or group of persons who may otherwise be subject to any administrative, regulatory, or taxing authority of the commissioner, as well as any advisory organization or rating organization as defined in section 10-4-402.

(3)  Complaint means any written communication, or oral communication

that is subsequently converted to a written form, that expresses a grievance or dissatisfaction with a specific person or entity subject to regulation by the division.

(4)  Division means the division of insurance, the commissioner of insurance,

or a government official or agency of a state other than Colorado exercising powers and duties substantially equivalent to those of the commissioner or the division.

(5)  Market analysis means a process whereby market conduct surveillance

personnel collect and analyze information from filed schedules, surveys, required reports, and other sources in order to develop a baseline understanding of the marketplace and to identify patterns or practices of companies that deviate from the norm or that may pose risk to the insurance consumer.

(6)  Market conduct examination includes any type of examination as set

forth in the Market Regulation Handbook that assesses a company's compliance with the laws, rules, and regulations applicable to the company. Market conduct examinations include desk examinations, on-site examinations, follow up examinations, and targeted examinations.

(7)  Market conduct surveillance means any of the full range of activities

that the commissioner may initiate to assess and address the market practices of any company licensed or registered pursuant to this title 10 to conduct business in this state, including market analysis, interrogatories, and market conduct examinations.

(8)  Market conduct surveillance personnel means those individuals

employed by or under contract with the commissioner to collect, analyze, review, or act on information about the insurance marketplace that identifies patterns or practices of companies.

(9)  Market Regulation Handbook means the guidelines developed and

issued by the NAIC that are designed to be used to conduct uniform, standardized market conduct surveillance.

(10)  NAIC or national association of insurance commissioners means the

organization of insurance regulators from the fifty states, the District of Columbia, and the five United States territories.

(11)  Person means any individual, aggregation of individuals, trust,

association, partnership, or corporation, or any agent or affiliate thereof.

(12)  Standard data request means the set of field names and descriptions

developed and adopted by the NAIC for use by market conduct surveillance personnel in an examination.

(13)  Third-party model or product means a model or product provided by an

entity separate from and not under direct or indirect corporate control of the company using the model or product.

Source: L. 2017: Entire part added, (HB 17-1231), ch. 284, p. 1561, � 10,

effective January 1, 2018. L. 2023: (10) amended, (HB 23-1301), ch. 303, p. 1816, � 6, effective August 7.

C.R.S. § 10-1-303

10-1-303. Market analysis - market conduct surveillance. (1) The commissioner may perform market analysis by gathering and analyzing information from data currently available to the commissioner, information from surveys, data calls, or reports that are submitted regularly to the commissioner, information collected by the NAIC, and information from a variety of other sources in both the public and private sectors in order to develop a baseline understanding of the marketplace and to identify for further review companies or practices that deviate from the norm or that may pose a potential risk to the insurance consumer. The commissioner shall use the Market Regulation Handbook as a guide in performing the market analysis.

(2) (a)  If the commissioner determines that further inquiry into a particular

company or practice is needed, the commissioner may consider the continuum of other types of market conduct surveillance as specified in this subsection (2)(a). The commissioner shall inform the company in writing of the type of market conduct surveillance selected if it involves company participation or response. The types of market conduct surveillance include:

(I)  Correspondence with the company;


(II)  Company interviews;


(III)  Information gathering;


(IV)  Policy and procedure reviews;


(V)  Interrogatories;


(VI)  Review of company self-evaluations and voluntary compliance

programs;

(VII)  Self-audits; and


(VIII)  Market conduct examinations.


(b) (I)  The commissioner shall take steps reasonably necessary to eliminate

requests for information that duplicate information provided as part of a company's financial statement, the NAIC's market conduct annual statement, or other required surveys, data calls, or reports that are submitted regularly to the commissioner.

(II)  The commissioner may coordinate the market conduct surveillance and

findings of this state with market conduct surveillance and findings of other states.

(3)  Nothing in this section requires the commissioner to conduct market

analysis prior to initiating any other type of market conduct surveillance.

Source: L. 2017: Entire part added, (HB 17-1231), ch. 284, p. 1562, � 10,

effective January 1, 2018.

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. § 10-16-121

10-16-121. Required contract provisions in contracts between carriers and providers - definitions. (1) A contract between a carrier and a provider or its representative concerning the delivery, provision, payment, or offering of care or services covered by a managed care plan must make provisions for the following requirements:

(a)  The contract must contain a provision stating that neither the provider

nor the carrier is prohibited from protesting or expressing disagreement with a medical decision, medical policy, or medical practice of the carrier or provider.

(b) (I)  The contract must contain a provision that states the carrier may not

take an adverse action against a provider because the provider expresses disagreement with a carrier's decision to deny or limit benefits to a covered person or because the provider assists the covered person to seek reconsideration of the carrier's decision or because a provider discusses with a current, former, or prospective patient any aspect of the patient's medical condition, any proposed treatments or treatment alternatives, whether covered by the plan or not, policy provisions of a plan, or a provider's personal recommendation regarding selection of a health plan based on the provider's personal knowledge of the health needs of such patients.

(II)  The contract between a carrier and the provider must state that the

carrier may not take an adverse action against a provider because the provider, acting in good faith:

(A)  Communicates with a public official or other person concerning public

policy issues related to health-care items or services;

(B)  Files a complaint, makes a report, or comments to an appropriate

governmental body regarding actions, policies, or practices of the carrier the provider believes might negatively affect the quality of, or access to, patient care;

(C)  Provides testimony, evidence, opinion, or any other public activity in any

forum concerning a violation or possible violation of any provision of this section;

(D)  Reports what the provider believes to be a violation of law to an

appropriate authority; or

(E)  Participates in any investigation into a violation or possible violation of

any provision of this section.

(c)  Any contract providing for the performance of claims processing

functions by an entity with which the carrier contracts must require such entity to comply with section 10-16-106.5 (3), (4), and (5).

(d)  The contract must contain a provision that the provider shall not be

subjected to financial disincentives based on the number of referrals made to participating providers in the health plan for covered benefits so long as the provider making the referral adheres to the carrier's or the carrier's intermediary's utilization review policies and procedures.

(e)  The contract must contain a provision that states the carrier shall not

take an adverse action against a provider or provide financial incentives or subject the provider to financial disincentives based solely on a patient satisfaction survey or other method of obtaining patient feedback relating to the patient's satisfaction with pain treatment.

(f) (I)  A provision that prohibits the carrier from taking an adverse action

against a provider or subjecting the provider to financial disincentives based solely on the provider's provision of, or assistance in the provision of, a legally protected health-care activity, as defined in section 12-30-121 (1)(d), in this state, so long as the care provided did not violate Colorado law.

(II)  As used in this subsection (1)(f), adverse action means refusing or failing

to pay a provider for otherwise covered services as defined in the applicable health benefit plan.

(2)  Nothing in subsection (1) of this section shall be construed to prohibit a

carrier from:

(a)  Including in its provider contracts a provision that precludes a provider

from making, publishing, disseminating, or circulating directly or indirectly or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of any oral or written statement or any pamphlet, circular, article, or literature that is false or maliciously critical of the carrier and calculated to injure such carrier; or

(b)  Terminating a contract with a provider because such provider materially

misrepresents the provisions, terms, or requirements of a carrier's products; or

(c)  Terminating a contract with a provider pursuant to a contract provision

that allows either party to the contract to terminate the contract without cause pursuant to specific notice requirements that are the same for both parties.

(3)  Each contract between a carrier and an intermediary shall contain a

provision requiring that the underlying contract authorizing the intermediary to negotiate and execute contracts with carriers, on behalf of the providers, shall comply with the requirements of subsection (1) of this section.

(4)  The commissioner shall not act to arbitrate, mediate, or settle disputes

between a carrier, its intermediaries, or a provider network arising under or by reason of a provider contract or its termination. Existing dispute resolution mechanisms available in contract law shall be used to resolve such disputes. Notwithstanding any provision of law to the contrary, the commissioner is not prohibited from enforcing the applicable provisions of this article.

(5)  The commissioner shall, after notice and hearing, promulgate reasonable

regulations as are necessary or proper to carry out the requirements of this section.

(6)  No contract between a carrier and a provider or its representative or

between a carrier and an intermediary that concerns the delivery, provision, payment, or offering of care or services covered by a managed care plan shall be issued, renewed, amended, or extended in this state after January 1, 1997, unless it complies with the requirements of this section.

(7) (a)  A provider who is aggrieved by a violation of this section may bring an

action for injunctive relief in a court of competent jurisdiction and may seek recovery of reasonable court costs. This section does not change the standards for obtaining injunctive relief.

(b)  If a court deems an action frivolous, the court may award costs to the

defendant.

(8)  As used in this section:


(a)  Adverse action means a decision by a carrier to terminate, deny, or

otherwise condition a provider's participation in one or more provider networks, including a decision pertaining to participation in a narrow network or allocation within a tiered network.

(b)  Narrow network means a reduced or selective provider network that is

a subgroup or subdivision of a larger provider network and from which providers who participate in the larger network may be excluded.

(c)  Tiered network means a provider network in which:


(I)  Providers are assigned to, or placed in, different benefit tiers, as

determined by tiering; and

(II)  Patients receive benefits and pay the copayment, coinsurance, or

deductible amounts that are associated with the benefit tier to which the provider from whom services were received is assigned.

(d)  Tiering means a system that compares, rates, ranks, tiers, or classifies a

provider's performance, quality of care, or cost of care against objective standards or against the practice or performance of other health-care providers. Tiering includes quality improvement programs, pay-for-performance programs, public reporting on health-care provider performance or ratings, and the use of tiered or narrowed networks.

Source: L. 96: Entire section added, p. 569, � 3, effective July 1. L. 99: (1)(c)

added, p. 1142, � 3, effective January 1, 2000. L. 2000: (1)(d) added, p. 1064, � 2, effective August 2, 2000. L. 2003: (4) amended, p. 2494, � 2, effective June 5. L. 2017: (1) amended and (7) and (8) added, (HB 17-1173), ch. 120, p. 421, � 1, effective July 1. L. 2018: (1)(e) added, (HB 18-1007), ch. 225, p. 1431, � 2, effective January 1, 2019. L. 2023: (1)(f) added, (SB 23-188), ch. 68, p. 242, � 3, effective April 14.

Cross references: For the legislative declaration contained in the 1996 act

enacting this section, see section 1 of chapter 122, Session Laws of Colorado 1996. For the legislative declaration contained in the 2000 act enacting subsection (1)(d), see section 1 of chapter 238, Session Laws of Colorado 2000. For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.

C.R.S. § 10-16-1304

10-16-1304. Standardized health benefit plan - established - components - rules - independent analysis - repeal. (1) On or before January 1, 2022, the commissioner shall establish, by rule, a standardized health benefit plan to be offered by carriers in this state in the individual and small group markets. The standardized plan must:

(a)  Offer health-care coverage at the bronze, silver, and gold levels of

coverage as described in section 10-16-103.4;

(b)  Include, at a minimum, pediatric and other essential health benefits;


(c)  Be offered through the exchange and in the individual market through the

public benefit corporation;

(d)  Be a standardized benefit design that:


(I)  Is created through a stakeholder engagement process that includes

physicians, health-care industry and consumer representatives, individuals who represent health-care workers or who work in health care, and individuals working in or representing communities that are diverse with regard to race, ethnicity, immigration status, age, ability, sexual orientation, gender identity, or geographic regions of the state and that are affected by higher rates of health disparities and inequities;

(II)  Has a defined benefit design and cost-sharing that improves access and

affordability; and

(III)  Is designed to improve racial health equity and decrease racial health

disparities through a variety of means, which are identified collaboratively with consumer stakeholders, including:

(A)  Improving perinatal health-care coverage; and


(B)  Providing first-dollar, predeductible coverage for certain high-value

services, such as primary and behavioral health care;

(e)  Be actuarially sound and allow a carrier to continue to meet the financial

requirements in article 3 of this title 10;

(f)  Comply with the federal act, including the risk adjustment requirements

under 45 CFR 153, and this article 16; and

(g)  Have a network that is:


(I)  Culturally responsive and, to the greatest extent possible, reflects the

diversity of its enrollees in terms of race, ethnicity, gender identity, and sexual orientation in the area that the network exists; and

(II)  No more narrow than the most restrictive network the carrier is offering

for nonstandardized plans in the individual market for the metal tier for that rating area.

(2) (a)  In developing the network for the standardized plan pursuant to

subsection (1)(g) of this section, each carrier shall:

(I)  Include as part of its network access plan a description of the carrier's

efforts to construct diverse, culturally responsive networks that are well-positioned to address health equity and reduce health disparities; and

(II)  Include a majority of the essential community providers in the service

area in its network.

(b)  If a carrier is unable to achieve the network adequacy requirements in

subsection (1)(g) of this section, the carrier shall file an action plan with the division that describes the carrier's efforts to achieve the requirements in subsection (1)(g) of this section.

(c)  The commissioner shall promulgate rules regarding the network

adequacy requirements in subsection (1)(g) of this section and the action plan in subsection (2)(b) of this section.

(3) (a)  The standardized plan must be offered in a manner that allows

consumers to easily compare the standardized plans offered by each carrier.

(b)  The exchange, in collaboration with the commissioner and after a

stakeholder engagement process with consumers, producers, and carriers, shall develop a format for displaying the standardized plans on the exchange in a manner that allows for standardized plans to be easily identified and compared.

(4)  The commissioner may update the standardized plan annually by rule

through the stakeholder process described in subsection (1)(d)(I) of this section.

(5)  The commissioner shall contract with an independent third party to

conduct an analysis of the impact of this section on health plan enrollment, health insurance affordability, and health equity. To the extent available, the analysis must include disaggregated data by race, ethnicity, immigration status, sexual orientation, gender identity, age, and ability. If the data is not available, the analysis must note such unavailability. The analysis must include information concerning total out-of-pocket health-care spending. The analysis must be completed on or before January 1, 2026.

(6) (a)  The commissioner shall collaborate with the exchange concerning the

survey required in section 10-22-114, which survey addresses consumers' experience.

(b)  This subsection (6) is repealed, effective July 1, 2026.


(7)  The commissioner is not required to comply with the Procurement

Code, articles 101 to 112 of title 24, for the purposes of this section.

Source: L. 2021: Entire part added, (HB 21-1232), ch. 241, p. 1281, � 1, effective

June 16. L. 2023: (3) amended, (HB 23-1224), ch. 159, p. 690, � 2, effective May 10.

C.R.S. § 10-22-114

10-22-114. Standardized plan survey - repeal. (1) The exchange shall conduct a survey in collaboration with the division that addresses the experience of consumers who purchased the standardized health benefit plan established pursuant to section 10-16-1304. The survey must be completed on or before January 1, 2026.

(2)  This section is repealed, effective July 1, 2026.


Source: L. 2021: Entire section added, (HB 21-1232), ch. 241, p. 1294, � 4,

effective June 16.

C.R.S. § 10-3-244

10-3-244. Climate risk disclosure - insurer participation - rules - reporting - definition. (1) The commissioner shall adopt rules requiring that, beginning in 2024, an insurer issued a certificate of authority to transact business pursuant to part 1 of this article 3 that reports more than one hundred million dollars on its annual NAIC schedule T filing, or such other threshold dollar amount that the NAIC establishes in subsequent years, must participate in and complete the NAIC's annual Insurer Climate Risk Disclosure Survey, or such other survey or reporting mechanism that the NAIC adopts in subsequent years. If an insurer reports less than one hundred million dollars on its annual NAIC schedule T filing, or such other threshold dollar amount that the NAIC establishes in subsequent years, the insurer may participate in and complete the survey voluntarily.

(2)  As used in this section, NAIC means the National Association of

Insurance Commissioners, an organization of insurance regulators from the fifty states of the United States, the District of Columbia, and the five United States territories.

Source: L. 2023: Entire section added, (SB 23-016), ch. 165, p. 729, � 1,

effective August 7.

PART 3

UNIFORM GUARANTY DEPOSITS

C.R.S. § 10-4-120

10-4-120. Unfair or discriminatory trade practices - legislative declaration. (1) (a) The general assembly determines that competition is fundamental to the free market system and that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest-quality commodities and services, and the best environment for democratic and social institutions. Therefore, the right of the individual to choose a repair business is a matter of statewide concern.

(b)  The general assembly declares that the purposes of this section are to:


(I)  Safeguard the public against monopolies, trusts, and market barriers;


(II)  Foster and encourage competition by prohibiting unfair and

discriminatory insurance practices that impede fair and honest competition;

(III)  Ensure that all consumers benefit from competition and the expansion of

choices in the marketplace; and

(IV)  Enhance Colorado's economic development.


(c)  This section shall be liberally construed so that its beneficial purposes

may be served.

(2)  An insurer or its agent that issues or renews a policy that insures real or

personal property shall not:

(a)  Directly or indirectly require that appraisals or repairs to the property be

made or not be made by a specified repair business;

(b)  Represent to a beneficiary or claimant who is making a claim under a

policy that the use of, or the failure to use, a particular repair business may result in the nonpayment or delayed payment of a claim;

(c)  Intimidate, coerce, threaten, or induce by incentive a beneficiary or

claimant to use a particular repair business for repairs; except that an inducement by incentive does not include warranty or guaranty repairs;

(d)  Contract with a person to manage, handle, or arrange insurance repair

work or to act as an agent for the insurer if:

(I)  The contract requires a particular repair business to do claims work for

the insurer at a price established by the insurer; and

(II)  The person retains a percentage of any compensation paid by the insurer;


(e)  Use disincentives to discourage a beneficiary or claimant from using a

particular repair business; except that a disincentive does not include warranty or guaranty repairs;

(f)  Solicit or accept a referral fee or compensation in exchange for referring

the beneficiary or claimant to a repair facility;

(g)  Require the beneficiary or claimant to travel an unreasonable distance to

choose a repair facility;

(h)  Misinform a beneficiary or claimant to induce the use of a particular

repair business; or

(i)  In the settlement of a liability claim by a third party against a beneficiary

or claimant for property damage claimed by the third party, require a third-party claimant to have repairs done by a particular repair business.

(3)  An insurer or its agent that issues or renews a policy that insures real or

personal property shall:

(a)  Supply the beneficiary or claimant with a copy of the estimate upon

which the settlement is based, when partial losses are settled on the basis of an estimate prepared by or for the insurer;

(b)  Require that any estimate prepared by or for the insurer covering

damages that are visible or evident at the time of inspection is adequate to restore the property within a reasonable time to its condition before the loss, in accordance with applicable policy provisions;

(c)  Pay for repair services and products based on a prevailing competitive

price, as established by competitive bids, generally accepted insurer-based methodology, or market surveys that determine a fair and reasonable market price for similar services;

(d)  Orally or in writing disclose to a beneficiary or claimant that the

beneficiary or claimant may freely choose any repair business;

(e)  Assume all reasonable costs sufficient to pay for the beneficiary's or

claimant's repairs including materials or parts, less any applicable deductible or reduction for comparative negligence;

(f)  Promptly pay the cost of property repair services and products from any

repair facility location that is within a reasonable distance, less any applicable deductible amount payable by the beneficiary or claimant according to the terms of the insurance policy, at no less than the prevailing competitive market price in the same geographic area; and

(g)  Disclose to the beneficiary or claimant any ownership interest in, or

ownership by or through an affiliation with, a repair business recommended by the insurer when the recommendation is made.

(4)  An insurer is not required to furnish the notices required by this section

more than once to each beneficiary or claimant for each claim.

(5)  A beneficiary, claimant, or repair business may submit a written,

documented complaint to the commissioner alleging a violation of this section.

(6)  Notwithstanding any other provision of this section, an insurer or its

agent shall inform the beneficiary or claimant that he or she may select any repair business of his or her choosing, and, if the insurer chooses, the insurer may also inform the beneficiary or claimant that the insurer can provide a list of repair businesses for the beneficiary or claimant to consider.

Source: L. 2007: Entire section added, p. 972, � 1, effective May 18.

C.R.S. § 10-4-413

10-4-413. Records required to be maintained. (1) Every insurer, rating organization, or advisory organization and every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance shall maintain reasonable records, of the type and kind reasonably adapted to its method of operation, of its experience or the experience of its members and of the data, statistics, or information collected or used by it in connection with the rates, rating plans, rating systems, underwriting rules, policy or bond forms, surveys, or inspections made or used by it, so that such records will be available at all reasonable times to enable the commissioner to determine whether such organization, insurer, group, or association and, in the case of an insurer or rating organization, every rate, rating plan, and rating system made or used by it complies with the provisions of this part 4 applicable to it. The maintenance of such records in the office of a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this section for any insurer maintaining membership or subscribership in such organization to the extent that the insurer uses the rates, rating plans, rating systems, or underwriting rules of such organization. Such records shall be maintained in an office within this state or shall be made available for examination or inspection by the commissioner at any time, upon reasonable notice.

(2)  All records of any such organization or individual insurer dealing with

workers' compensation and employer's liability insurance incidental thereto and written in connection therewith shall be subject to the requirements of article 44 of title 8, C.R.S., concerning the filing of its system of rates.

Source: L. 79: Entire part R&RE, p. 371, � 8, effective July 1. L. 90: (2)

amended, p. 558, � 16, effective July 1.

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. § 12-10-503

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. § 12-115-124

12-115-124. Judicial review. Section 12-20-408 governs judicial review of all final actions and orders of the board.

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

870, � 1, effective October 1.

Editor's note: This section is similar to former � 12-23-120 as it existed prior

to 2019.

ARTICLE 120

Engineers, Surveyors, and Architects

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

1. This article 120 was numbered as article 25 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 responsibilities of engineers and architects concerning the obtaining of underground facilities information prior to excavation, see � 9-1.5-103; for the statute of limitations for actions against engineers and architects, see � 13-80-104; for the statute of limitations for actions against land surveyors, see � 13-80-105; for provisions regarding geology and the definition of professional geologist, see part 2 of article 41 of title 23; for surveys and boundaries, see articles 50 to 53 of title 38; for public policy concerning accurate land boundaries and public records relating thereto, see � 38-53-101.

PART 1

GENERAL PROVISIONS

C.R.S. § 12-120-102

12-120-102. Definitions. As used in this article 120, unless the context otherwise requires:

(1)  Board means the state board of licensure for architects, professional

engineers, and professional land surveyors, created in section 12-120-103.

(2)  Surveyor quorum of the board means not less than the three

professional land surveyor members of the board and one of the nonengineering, non-land surveyor members of the board.

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

870, � 1, effective October 1.

Editor's note: Subsection (1) is similar to former �� 12-25-102 (1), 12-25-202

(1.5), and 12-25-302 (2); and subsection (2) is similar to former � 12-25-202 (12), as those sections existed prior to 2019.

C.R.S. § 12-120-103

12-120-103. State board of licensure for architects, professional engineers, and professional land surveyors - creation - composition - appointment of members - terms - meetings - program director and staff - subject to review - repeal of article. (1) Board creation. A state board of licensure for architects, professional engineers, and professional land surveyors is created, the duty of which is to administer this article 120, including the duties and powers specified in section 12-120-104. The state board of licensure for architects, professional engineers, and professional land surveyors is a type 1 entity, as defined in section 24-1-105.

(2)  Sunset. This article 120 is repealed, effective September 1, 2033. Before

the repeal, this article 120 is scheduled for review in accordance with section 24-34-104.

(3)  Board composition. The board shall consist of thirteen members. Four

members shall be professional engineers, with no more than two of the four engaged in the same discipline of engineering service or practice; three members shall be practicing professional land surveyors; three members shall be practicing licensed architects; and three members shall be citizens of the United States and residents of this state for at least one year who have not practiced architecture, engineering, or land surveying.

(4) (a)  Professional engineer members. Each professional engineer member

of the board shall have been licensed as a professional engineer and practicing as such for at least five years.

(b)  Professional land surveyor members. (I)  Repealed.


(II)  A professional land surveyor who is designated as a land surveyor

member of the board shall have been licensed as a land surveyor for at least five years.

(III)  Notwithstanding subsection (6) of this section, the board shall have a

surveyor quorum of the board. The surveyor quorum shall advise the board concerning issues relating to land surveyors. The surveyor quorum of the board shall elect or appoint annually a chair, a vice-chair, and a secretary.

(c)  Architect members. To be eligible for membership on the board, an

architect shall be:

(I)  Repealed.


(II)  A licensed architect in the state of Colorado and have practiced

architecture for at least three years prior to the appointment.

(5)  Governor appointments. (a)  Appointments to the board shall be made by

the governor and shall be made to provide for staggering of terms of members so that not more than three members' terms expire each year. Thereafter appointments shall be for terms of four years. Each board member shall hold office until the expiration of the term for which the member is appointed or until a successor has been duly appointed and qualified. Appointees shall be limited to two full terms. The governor may remove any member of the board for misconduct, incompetence, or neglect of duty.

(b)  Appointments of professional land surveyor members. (I)  The governor,

in making appointments of professional land surveyors to the board, shall endeavor to select the highest qualified members of the profession willing to serve on the board. Staggered appointments shall be made so that not more than one professional land surveyor member's term expires in any one year, and thereafter appointments shall be for terms of four years each.

(II)  In the event of a professional land surveyor vacancy on the board due to

resignation, death, or any cause resulting in an unexpired term, the governor shall fill the vacancy promptly to allow the surveyor quorum of the board to function.

(c)  Appointments of architect members. (I)  The governor, in making

appointments of architects to the board, shall endeavor to select the most highly qualified members of the profession willing to serve on the board. Staggered appointments shall be made so that not more than one member's term expires in any one year, and thereafter appointments shall be for terms of four years each.

(II)  In the event of an architecture vacancy on the board due to resignation,

death, or any cause resulting in an unexpired term, the governor shall fill such vacancy promptly.

(d)  Certificate of appointment. Each appointee shall receive a certificate of

appointment from the governor.

(6)  The board shall hold at least six regular meetings each year. Special

meetings shall be held at such times as the bylaws of the board may provide. The board shall elect annually a chair, a vice-chair, and a secretary. A quorum of the board shall consist of not less than seven members.

(7)  The director of the division shall appoint a program director for the board

and such other personnel as are deemed necessary for the board to perform its statutory duties, pursuant to section 13 of article XII of the state constitution.

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

870, � 1, effective October 1. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3394, � 119, effective August 10. L. 2024: (2) and (4)(a) amended and (4)(b)(I) and (4)(c)(I) repealed, (HB 24-1329), ch. 342, p. 2310, � 2, effective August 7.

Editor's note: Subsection (1) is similar to former � 12-25-106 (1); subsection (2)

is similar to former � 12-25-106 (2); subsection (3) is similar to former � 12-25-106 (3); subsection (4)(a) is similar to former � 12-25-106 (4); subsection (4)(b)(I) is similar to former � 12-25-206 (1); subsection (4)(b)(II) is similar to former � 12-25-206 (2); subsection (4)(b)(III) is similar to former � 12-25-206 (3); subsection (4)(c) is similar to former � 12-25-306 (1); subsection (5)(a) is similar to former � 12-25-106 (5); subsection (5)(b)(I) is similar to former � 12-25-206 (4); subsection (5)(b)(II) is similar to former � 12-25-206 (5); subsection (5)(c)(I) is similar to former � 12-25-306 (2); subsection (5)(c)(II) is similar to former � 12-25-306 (3); subsection (5)(d) is similar to former � 12-25-106 (6); subsection (6) is similar to former � 12-25-107 (1)(i); and subsection (7) is similar to former � 12-25-106 (7), as those sections 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. § 12-120-104

12-120-104. Powers and duties of the board and division - rules. (1) General powers and duties. In order to carry into effect the provisions of this article 120, the board shall:

(a)  Adopt rules pursuant to section 12-20-204;


(b)  In addition to rules adopted pursuant to section 12-20-204, adopt:


(I)  Rules for disciplining licensed architects; and


(II)  Rules of professional conduct for professional engineers, professional

land surveyors, and architects under the provisions of section 24-4-103. The rules of professional conduct for professional engineers shall be published, and such publication shall constitute due notice to all professional engineers.

(c)  Keep a record of its proceedings and of all applications for licensing

under this article 120. The application record for each applicant must include:

(I)  Name, age, and residence of the applicant;


(II)  Date of application;


(III)  Repealed.


(IV)  Education of the applicant;


(V) (A)  For an applicant for an engineering license, the applicant's

engineering experience;

(B)  For an applicant for a land surveyor license, the applicant's surveying and

other applicable experience;

(C)  For an applicant for an architect license, the applicant's architecture and

other applicable experience;

(VI)  For land surveyor and architect applicants, the type of examination

required;

(VII)  Date and type of action taken by the board; and


(VIII)  Such other information as may be deemed necessary by the board.


(d)  Make available through printed or electronic means the following:


(I)  Statutes administered by the board for each of the professions regulated

under this article 120;

(II)  A list of the names and addresses of record of all currently licensed

professional engineers, professional land surveyors, and architects;

(III)  Rules of the board;


(IV)  Such other pertinent information as the board deems necessary; and


(V)  The rules of professional conduct adopted pursuant to subsection

(1)(b)(II) of this section; and

(e)  Adopt and have an official seal.


(2)  Board powers and duties regarding professional engineers. For

purposes of administering part 2 of this article 120 pertaining to the regulation of professional engineers, the board shall:

(a)  Provide information to the public regarding the requirements for

compliance with part 2 of this article 120;

(b)  Provide for examinations of professional engineer license applicants. The

board shall adopt the appropriate examinations. Examinations must be given as often as practicable. The board shall ensure that the passing score for any examination is set to measure the level of minimum competency. An applicant who fails to pass the prescribed examination may be reexamined.

(c)  Participate in the affairs of the National Council of Examiners for

Engineering and Surveying and send a minimum of one delegate to the national meeting annually.

(3)  Board powers and duties regarding professional land surveyors - rules.

For purposes of administering part 3 of this article 120 pertaining to the regulation of professional land surveyors, the board shall:

(a)  Require each applicant for professional land surveyor licensing to

demonstrate competence by means of examination and education and may require work examples as it deems necessary and sufficient for licensing;

(b)  Provide for and administer examinations to applicants for professional

land surveyor licensing to be given as often as practicable. Examinations must be identified only by numbers and anonymously graded. After reviewing and approving the examination results, the board shall record and communicate each examinee's examination results to the examinee. The board shall ensure that the passing score on surveying examinations is set to measure the level of minimum competency. The board shall publish and make available to interested applicants a list of the subjects included in the surveying examinations that are developed by the board, which subjects must be consistent with and related to the various aspects of surveying.

(c)  Promulgate rules to establish continuing education requirements for

professional land surveyors as a condition of license renewal.

(4)  Board powers and duties regarding architects. For purposes of

administering part 4 of this article 120 pertaining to the regulation of architects, the board is authorized to:

(a)  Examine and license duly qualified applicants for architect licensure, and

renew the licenses of duly qualified architects;

(b)  Conduct hearings upon complaints concerning the conduct of architects;


(c)  Cause the prosecution of all persons violating part 4 of this article 120 by

the district attorney or by the attorney general pursuant to section 12-20-405 (4); and

(d)  Require every licensed architect to have a stamp as prescribed by the

board.

(5)  Division to employ investigators. The division may employ at least one

investigator qualified to investigate complaints relative to the provisions of part 2 of this article 120 and at least one investigator to investigate complaints relative to the provisions of part 3 of this article 120.

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

872, � 1, effective October 1. L. 2024: IP(1)(c), (2)(b), and (3)(a) amended, (1)(c)(III) repealed, and (3)(c) added, (HB 24-1329), ch. 342, p. 2311, � 3, effective August 7.

Editor's note: This section is similar to former �� 12-25-107, 12-25-207, and

12-25-307 as they existed prior to 2019; except that � 12-25-107 (1)(i) was relocated to � 12-120-103 (6).

C.R.S. § 12-120-105

12-120-105. Prior actions. (1) The board shall take over, assume, and continue all actions and requirements regarding engineers from its predecessor, the state board of registration for professional engineers and land surveyors. There shall be no legal discontinuity, and previously licensed engineers and land surveyors shall continue their licensure as professional engineers, professional land surveyors, and architects, respectively.

(2)  The name change from the state board of licensure for professional

engineers and professional land surveyors to the state board of licensure for architects, professional engineers, and professional land surveyors shall not be construed to change the entity. There shall be no legal discontinuity, and previously licensed engineers and land surveyors shall continue their licensure as professional engineers or land surveyors, as applicable, and any obligations of the board or of persons to the board shall not be affected by the name change.

(3)  Any person holding a valid license to practice architecture in Colorado

before July 1, 2006, shall be licensed under part 4 of this article 120. All official actions of the state board of examiners of architects made or taken before July 1, 2006, are expressly ratified.

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

875, � 1, effective October 1.

Editor's note: Subsection (1) is similar to former �� 12-25-119 (1) and 12-25-219 (1); subsection (2) is similar to former �� 12-25-119 (2) and 12-25-219 (2); and

subsection (3) is similar to former � 12-25-319, as those sections existed prior to 2019.

PART 2

ENGINEERS

C.R.S. § 12-120-201

12-120-201. General provisions. In order to safeguard life, health, and property and to promote the public welfare, the practice of engineering is declared to be subject to regulation in the public interest. It shall be deemed that the right to engage in the practice of engineering is a privilege granted by the state through the state board of licensure for architects, professional engineers, and professional land surveyors, created in section 12-120-103; that the profession involves personal skill and presupposes a period of intensive preparation, internship, due examination, and admission; and that a professional engineer's license is solely the professional engineer's own and is nontransferable.

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

876, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-101 as it existed prior

to 2019.

C.R.S. § 12-120-203

12-120-203. Exemptions. (1) Nothing in this part 2 requires licensure as a professional engineer for the following:

(a)  Individuals who normally operate and maintain machinery or equipment;


(b)  Individuals who perform engineering services for themselves;


(c)  Partnerships, professional associations, joint stock companies, limited

liability companies, or corporations, or the employees of any such organizations, who perform engineering services for themselves or their affiliates;

(d)  Individuals who perform engineering services under the responsible

charge of a professional engineer;

(e)  Work of a strictly agricultural nature that is not required to be of public

record;

(f)  Professional land surveying as defined in section 12-120-302 (5);


(g)  Individuals who are employed by and perform engineering services solely

for a county, city and county, or municipality;

(h)  Individuals who are employed by and perform engineering services solely

for the federal government;

(i)  Individuals who practice architecture as defined in section 12-120-402 (5);


(j)  Utilities or their employees or contractors when performing services for

another utility during times of natural disasters or emergency situations; or

(k)  Individuals who practice landscape architecture as defined in section 12-130-104 (6).


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

877, � 1, effective October 1. L. 2024: IP(1) amended, (HB 24-1329), ch. 342, p. 2312, � 4, effective August 7.

Editor's note: This section is similar to former � 12-25-103 as it existed prior

to 2019.

C.R.S. § 12-120-216

12-120-216. Professional engineer's seal - rules. (1) Upon receiving a license from the board, a professional engineer may obtain a crimp type seal, a rubber stamp type seal, or an electronic type seal of a design approved by the board. The seal must contain the licensed professional engineer's name and license number and the designation Colorado licensed professional engineer. Colorado professional engineers licensed before July 1, 2004, may continue to use their prior existing seals.

(2)  A professional engineer shall use a seal and signature only when the

work to which the seal is applied was prepared under the engineer's responsible charge.

(3)  The board shall adopt rules governing use of the seal and the retention,

use, and distribution of sealed documents and copies thereof.

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

890, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-117 as it existed prior

to 2019.

PART 3

LAND SURVEYORS

C.R.S. § 12-120-301

12-120-301. General provisions. In order to safeguard life, health, and property and to promote the public welfare, the practice of professional land surveying in Colorado is hereby declared to be subject to regulation. It shall be unlawful for any individual to practice professional land surveying in Colorado or to use in connection with the individual's name, or to otherwise assume, or to advertise any title or description tending to convey the impression that the individual is a professional land surveyor, unless the individual has been duly licensed or is exempted under the provisions of this part 3. The practice of professional land surveying shall be deemed a privilege granted by the state of Colorado based on the qualifications of the individual as evidenced by the individual's licensing.

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

890, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-201 as it existed prior

to 2019.

C.R.S. § 12-120-302

12-120-302. Definitions. As used in this part 3, unless the context otherwise requires:

(1)  Basic control for engineering projects means survey markers set on or in

the vicinity of a construction project to enable all components of the project to be built in compliance with plans and specifications with respect to the project location, orientation, elevation, and relationship to property, easement, or right-of-way boundaries.

(2)  Certificate means the media issued by the board to evidence licensing

or enrollment.

(3)  Geodetic surveying means the performance of surveys in which

measure or account is taken of the shape, size, and gravitational forces of the earth to determine or predetermine the horizontal or vertical positions of points, monuments, or stations for use in the practice of professional land surveying or for stating the geodetic position of control points, monuments, or stations by using a coordinate system or derivative thereof recognized by the national geodetic survey.

(4)  Land surveyor-intern means an individual enrolled by the board after

demonstrating the individual's competency, as required by section 12-120-311.

(5) (a)  Professional land surveying means the application of special

knowledge of principles of mathematics, methods of measurement, and law for the determination and preservation of land boundaries. Professional land surveying specifically includes:

(I)  Restoration and rehabilitation of corners and boundaries in the United

States public land survey system;

(II)  Obtaining and evaluating boundary evidence;


(III)  Determination of the areas and elevations of land parcels;


(IV)  Subdivision of land parcels into smaller parcels and layout of alignment

and grades for streets or roads to serve the smaller parcels;

(V)  Measuring and platting underground mine workings;


(VI)  Preparation of the boundary control portions of geographic information

systems and land information systems except as allowed otherwise by section 38-51-109.3;

(VII)  Establishment, restoration, and rehabilitation of land survey monuments

and bench marks;

(VIII)  Preparation of land survey plats, condominium plats, monument

records, property descriptions that result from the practice of professional land surveying, and survey reports;

(IX)  Surveying, monumenting, and platting of easements and rights-of-way;


(X)  Geodetic surveying;


(XI)  Basic control for engineering projects; and


(XII)  Any other activities incidental to and necessary for the adequate

performance of the services described in this subsection (5)(a).

(b)  An individual practices or offers to practice professional land surveying

within the meaning and intent of this part 3 if the individual engages therein or, by oral claim, sign, letterhead, or card or in any other way, holds themself out to be a professional land surveyor or as being able to perform any professional land surveying service or if the individual performs any professional land surveying service or work.

(c)  Professional land surveying may include other types of surveying.


(6)  Professional land surveyor means an individual who practices

professional land surveying and who is currently licensed with the board after demonstrating competency to practice, as required by section 12-120-313.

(7)  Responsible charge means personal responsibility for the control and

direction of professional land surveying work.

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

890, � 1, effective October 1. L. 2024: (5)(b) amended, (HB 24-1329), ch. 342, p. 2317, � 18, effective August 7.

Editor's note: This section is similar to former � 12-25-202 as it existed prior

to 2019; except that � 12-25-202 (12) was relocated to � 12-120-102 (2).

C.R.S. § 12-120-303

12-120-303. Exemptions. (1) This part 3 shall not be construed to prevent or to affect:

(a)  The work of an employee or subordinate of a professional land surveyor if

the work is performed under the responsible charge of the professional land surveyor;

(b)  The practice of employees of the federal government duly authorized

under 43 U.S.C. sec. 772 and 43 CFR 9180.0-3, while engaged in the practice of surveying within the course of their federal employment in the state of Colorado; or

(c)  The rights of any other legally recognized profession.


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

892, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-203 as it existed prior

to 2019.

C.R.S. § 12-120-304

12-120-304. Forms of organizations permitted to practice. (1) A partnership, corporation, limited liability company, joint stock association, or other entity is not eligible for licensure under this part 3.

(2)  An entity may practice or offer to practice land surveying in this state

only if the individual in responsible charge of the entity's land surveying activities in this state is a professional land surveyor. All professional land surveying documents, plats, and reports issued by or for the entity must bear the seal and signature of the professional land surveyor who is in responsible charge of and directly responsible for the land surveying work.

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

892, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-204 as it existed prior

to 2019.

C.R.S. § 12-120-305

12-120-305. Unlawful practice - penalties - enforcement. (1) It is unlawful for any individual to practice or offer to practice professional land surveying in Colorado without being licensed in accordance with the provisions of this part 3, or for any individual or entity to use or employ the words land surveyor, land surveying, or professional land surveyor or words of similar meaning or any modification or derivative except as authorized in this part 3.

(2)  It is unlawful for any individual, partnership, professional association,

joint stock company, limited liability company, or corporation to practice, or offer to practice, land surveying in this state unless the individual in responsible charge has complied with the provisions of this part 3.

(3)  The practice of professional land surveying in violation of any of the

provisions of this part 3 shall be either:

(a)  Restrained by injunction in an action brought by the attorney general or

by the district attorney in accordance with section 12-20-406; or

(b)  Ceased by order of the board pursuant to section 12-20-405.


(4)  Any person who practices or offers or attempts to practice professional

land surveying without an active license issued under this part 3 is subject to penalties pursuant to section 12-20-407 (1)(a).

(5)  It is the duty of all duly constituted officers of the law of Colorado, or any

political subdivision thereof, to enforce the provisions of this part 3 and to prosecute any person violating this part 3.

(6)  The attorney general or the attorney general's assistant shall act as legal

advisor to the board and render timely legal assistance as may be necessary in carrying out the provisions of this part 3. With the concurrence of the attorney general, the board may employ counsel and assistance necessary to aid in the enforcement of this part 3, and the compensation and expenses therefor shall be paid from the funds of the board.

(7)  Any individual practicing professional land surveying, as defined in this

part 3, who is not licensed or exempt shall not collect compensation of any kind for the practice, and, if compensation has been paid, the compensation shall be refunded in full.

(8)  After finding that an individual has unlawfully engaged in the practice of

professional land surveying, the board may assess a fine against the unlawfully engaged individual in an amount not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.

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

893, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-205 as it existed prior

to 2019.

C.R.S. § 12-120-306

12-120-306. Disciplinary actions - grounds for discipline. (1) The board may take disciplinary or other action as authorized by section 12-20-404 against, limit the scope of practice of, or require additional training of any professional land surveyor or land surveyor-intern for:

(a)  Engaging in fraud, misrepresentation, or deceit in obtaining or attempting

to obtain a license or enrollment;

(b)  Failing to meet the generally accepted standards of the practice of land

surveying through act or omission;

(c)  A felony that is related to the ability to practice land surveying. A

certified copy of the judgment of a court of competent jurisdiction of the conviction or plea shall be presumptive evidence of the conviction or plea for the purposes of any hearing under this part 3. A plea of nolo contendere, or its equivalent, accepted by the court shall be considered as a conviction.

(d)  Violating, attempting to violate, or aiding or abetting the violation or

attempted violation of:

(I)  Any provision of this part 3, an applicable provision of article 20 of this

title 12, or any provision of article 50, 51, 52, or 53 of title 38;

(II)  Any rule adopted by the board in conformance with the provisions of part

1 of this article 120 or this part 3; or

(III)  Any order of the board issued in conformance with the provisions of this

part 3;

(e)  Using false, deceptive, or misleading advertising;


(f)  Performing services beyond one's competency, training, or education;


(g)  Failing to report to the board any professional land surveyor known to

have violated any provision of this part 3 or any board order or rule;

(h)  Habitual or excessive use or abuse of alcohol, controlled substances, or

any habit-forming drug;

(i)  Using any schedule I controlled substance, as set forth in section 18-18-203;


(j)  Failing to report to the board any malpractice claim against the

professional land surveyor or any partnership, limited liability company, corporation, or joint stock association of which the professional land surveyor is a member, which claim is settled or in which judgment is rendered, within sixty days after the effective date of the settlement or judgment, if the claim concerned surveying services performed or supervised by the land surveyor;

(k)  Failing to pay any fine assessed pursuant to this part 3;


(l)  Violating any law or regulation governing the practice of professional land

surveying in another state or jurisdiction. A plea of nolo contendere or its equivalent accepted by the board of another state or jurisdiction may be considered to be the same as a finding of guilty for purposes of any hearing under this part 3.

(m)  Attempting to use an expired, revoked, suspended, or nonexistent

license; practicing or offering to practice when not qualified; or falsely claiming that the individual is licensed;

(n)  Using in any manner a license, license number, or certificate that has not

been issued to the individual by the board; or

(o)  Failing to respond to allegations in a complaint within the length of time

specified in the letter issued by the board in accordance with subsection (2) of this section.

(2)  The board may issue and send a letter of admonition by first-class mail to

a professional land surveyor or land surveyor-intern at the individual's last-known address under the circumstances specified in and in accordance with section 12-20-404 (4).

(3)  In addition to any other penalty that may be imposed pursuant to this

section, the board may fine any professional land surveyor violating any provision of this article 120 or any rule promulgated pursuant to this article 120 not less than fifty dollars and not more than five thousand dollars for each violation proven by the board.

(4)  The board may issue a letter of concern in accordance with section 12-20-404 (5) to a professional land surveyor or land surveyor-intern based on any of the

grounds specified in subsection (1) of this section without conducting a hearing as specified in section 12-120-307 when an instance of potentially unsatisfactory conduct comes to the board's attention but, in the board's judgment, does not warrant formal action by the board. Letters of concern shall be confidential and shall not be disclosed to members of the public or in any court action unless the board is a party.

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

894, � 1, effective October 1. L. 2024: IP(1), (1)(m), (1)(n), and (2) amended and (1)(o) added, (HB 24-1329), ch. 342, pp. 2314, 2317, �� 9, 19, effective August 7.

Editor's note: This section is similar to former � 12-25-208 as it existed prior

to 2019.

C.R.S. § 12-120-307

12-120-307. Disciplinary proceedings - injunctive relief procedure. (1) Section 12-20-403 applies to investigations and hearings under this section.

(2)  The board upon its own motion may, and upon the receipt of a signed

complaint in writing from any person shall, investigate the activities of any professional land surveyor, land surveyor-intern, or other person who presents grounds for disciplinary action as specified in this part 3.

(3)  All charges, unless dismissed by the board, shall be referred to

administrative hearing by the board within five years after the date on which said charges were filed.

(4) (a)  The board is authorized to apply for injunctive relief in accordance

with section 12-20-406 to enforce the provisions of this part 3, or to restrain any violation thereof.

(b)  If the board has reason to believe that any individual has engaged in, or is

engaging in, any act or practice that constitutes a violation of any provision of this article 120, the board may initiate proceedings to determine if a violation has occurred.

(c)  In any action brought pursuant to this subsection (4), evidence of the

commission of a single act prohibited by this article 120 shall be sufficient to justify the issuance of an injunction or a cease-and-desist order.

(5)  The board may issue cease-and-desist orders under the circumstances

and in accordance with the procedures specified in section 12-20-405.

(6)  Section 12-20-408 governs judicial review of all final actions and orders

of the board that are subject to judicial review.

(7)  The board may send a confidential letter of concern to a licensee under

the circumstances specified in section 12-20-404 (5).

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

896, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-209 as it existed prior

to 2019.

C.R.S. § 12-120-309

12-120-309. Application for licensing. (1) Each application for licensing shall be in a form specified by the board and shall contain statements made under oath showing the applicant's education and showing a detailed summary of the applicant's surveying experience. Each application must contain a statement indicating whether the applicant has ever been convicted of a felony in this or in any other state, or has ever had a surveyor's license revoked, suspended, or not renewed, or has been reprimanded or fined relative to surveying in this or any other state. Applications that are not complete are defective, and the board shall take no action on defective applications except to give notice to the applicant of the defects. A nonrefundable application fee in an amount set by the board shall accompany each application.

(2)  No new application shall be required of an individual requiring

reexamination by the board, and the individual shall be notified when the next examination will be held.

(3)  Whenever the board is reviewing or considering the conviction of a crime,

it shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

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

899, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-210 as it existed prior

to 2019.

C.R.S. § 12-120-310

12-120-310. Eligibility for land surveyor-intern. To be eligible for enrollment as a land surveyor-intern, an applicant shall provide documentation of the applicant's technical competence.

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

900, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-211 as it existed prior

to 2019.

C.R.S. § 12-120-311

12-120-311. Qualifications for land surveyor-interns.

(1)  Repealed.


(2) (a)  An applicant may qualify for enrollment as a land surveyor-intern by

graduation and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b).

(b)  In order to be admitted to the examination pursuant to subsection (2)(a)

of this section, the applicant must have satisfied either of the following requirements:

(I)  The applicant graduated from a board-approved surveying or surveying

technology curriculum that is at least four years.

(II)  The applicant has senior status in a board-approved surveying or

surveying technology curriculum that is at least four years.

(c)  Upon passing the examination and upon submission of official transcripts

to the board verifying graduation or impending graduation, the applicant shall be enrolled as a land surveyor-intern if the applicant is otherwise qualified pursuant to section 12-120-310.

(3) (a)  An applicant may qualify for enrollment as a land surveyor-intern by

education, experience, and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b).

(b)  In order to be admitted to the examination pursuant to subsection (3)(a)

of this section, the applicant must:

(I) (A)  Have graduated from high school or the equivalent; and


(B)  Have a cumulative record of four years or more of progressive land

surveying experience, of which a maximum of one year of educational credit may be substituted; or

(II) (A)  Have graduated from a board-approved two-year surveying

curriculum; and

(B)  Have a cumulative record of two years or more of progressive land

surveying experience.

(c)  Upon passing the examination and the submission of evidence of

experience satisfactory to the board, the applicant shall be enrolled as a land surveyor-intern if the applicant is otherwise qualified pursuant to section 12-120-310.

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

900, � 1, effective October 1. L. 2020: (1) amended, (HB 20-1326), ch. 126, p. 534, � 14, effective June 25. L. 2024: (1) repealed and (2)(a) and (3)(a) amended, (HB 24-1329), ch. 342, p. 2314, � 10, effective August 7.

Editor's note: This section is similar to former � 12-25-212 as it existed prior

to 2019.

Cross references: For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.

C.R.S. § 12-120-312

12-120-312. Eligibility for professional land surveyor. To be eligible for licensing as a professional land surveyor, an applicant shall provide documentation of technical competence.

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

901, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-213 as it existed prior

to 2019.

C.R.S. § 12-120-313

12-120-313. Qualifications for professional land surveyor.

(1)  Repealed.


(2) (a)  An applicant may qualify for licensing as a professional land surveyor

by education, experience, and examination if the applicant passes the appropriate examination as adopted by the board in accordance with section 12-120-104 (2)(b) and the examination pertaining to Colorado law.

(b)  To be admitted to an examination pursuant to subsection (2)(a) of this

section, the applicant shall meet the requirements stated in at least one of the following:

(I) (A)  Have graduated from a board-approved surveying curriculum of four

or more years; and

(B)  Have two years of progressive land surveying experience under the

supervision of a professional land surveyor or an exempted federal employee defined in section 12-120-303 (1)(b); and

(C)  Have been enrolled as a land surveyor-intern in this state; or


(II) (A)  Have graduated from a non-board-approved surveying curriculum of

four or more years; and

(B)  Have four years of progressive land surveying experience of which at

least two must be under the supervision of a professional land surveyor or an exempted federal employee as defined in section 12-120-303 (1)(b); and

(C)  Have been enrolled as a land surveyor-intern in this state; or


(III) (A)  Have graduated from a board-approved two-year surveying

curriculum or from a four-year engineering curriculum that included surveying course work as specified by the board by rule; and

(B)  Have six years of progressive land surveying experience of which four

years shall have been under the supervision of a professional land surveyor or an exempt federal employee as defined under section 12-120-303 (1)(b); and

(C)  Have been enrolled as a land surveyor-intern in this state; or


(IV) (A)  Have obtained a bachelor's degree in a nonsurveying curriculum;


(B)  Have completed surveying and other related course work, as specified by

the board by rule;

(C)  Have six years of progressive land surveying experience, of which four

years shall have been under the supervision of a professional land surveyor or an exempted federal employee as defined in section 12-120-303 (1)(b); and

(D)  Have been enrolled as a land surveyor-intern in this state.


(c)  Upon passing the examinations and the submission of evidence of

experience satisfactory to the board, the applicant shall be licensed as a professional land surveyor if the applicant is otherwise qualified pursuant to section 12-120-312.

(3)  The board may allow an applicant to substitute for one year of

experience the satisfactory completion of one academic year in a curriculum approved by the board. The substitution of education for experience shall not exceed three years.

(4)  Repealed.


(5) (a)  A professional land surveyor who has been duly licensed to practice

professional land surveying in this state and who is over sixty-five years of age, upon application, may be classified as a retired professional land surveyor. Individuals who are so classified shall lose their licensure, shall not practice professional land surveying, and shall pay a fee to retain retired professional land surveyor status.

(b) (I)  A retired professional land surveyor shall be reinstated to the status of

a professional land surveyor upon payment of the renewal fee. No other fee shall be assessed against the retired professional land surveyor as a penalty.

(II)  For any professional land surveyor who has been retired for two or more

years, the board may require reexamination unless the board is satisfied of the retired professional land surveyor's continued competence.

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

901, � 1, effective October 1. L. 2020: (1) amended, (HB 20-1326), ch. 126, p. 534, � 15, effective June 25. L. 2024: (1) repealed and (2)(a) amended, (HB 24-1329), ch. 342, p. 2314, � 11, effective August 7.

Editor's note: (1)  This section is similar to former � 12-25-214 as it existed

prior to 2019.

(2)  Subsection (4)(e) of this section provided for the repeal of subsection (4),

effective July 1, 2020. (See L. 2010, p. 324.)

Cross references: For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.

C.R.S. § 12-120-314

12-120-314. Licenses. (1) The board, upon acceptance of an applicant who has demonstrated competence in professional land surveying and upon receipt of payment of the required fee, shall license and issue a unique license number to the applicant.

(2)  The board, upon acceptance of a qualified land surveyor-intern and upon

receipt of payment of the required fee, shall enroll the qualified land surveyor-intern.

(3)  A license may be issued at any time and is subject to the renewal,

expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).

(4)  Any person whose license has expired is subject to the penalties provided

in this part 3 or section 12-20-202 (1).

(5)  A professional land surveyor shall give notice to the board, in writing, of

any change of address within thirty days after the change.

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

903, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-215 as it existed prior

to 2019.

C.R.S. § 12-120-315

12-120-315. Fees - disposition. (1) Pursuant to section 12-20-105, the board shall charge and collect fees for the following:

(a)  With respect to professional land surveyors:


(I)  Renewal of a license;


(II)  Replacement of a paper certificate or renewal card, if requested by the

licensee;

(III)  Repealed.


(IV)  Application for the appropriate examination as adopted by the board in

accordance with section 12-120-104 (2)(b);

(V)  Issuance of a paper certificate of licensure, if requested by the licensee;


(VI)  Late renewal of a license;


(VII)  Reexamination for the appropriate examination as adopted by the board

in accordance with section 12-120-104 (2)(b);

(VIII)  Reinstatement of an expired license;


(IX)  Listing as a retired professional land surveyor;


(b)  With respect to land surveyor-interns:


(I)  Application for the appropriate examination as adopted by the board in

accordance with section 12-120-104 (2)(b);

(II)  Reexamination for the appropriate examination as adopted by the board

in accordance with section 12-120-104 (2)(b).

(III)  Repealed.


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

904, � 1, effective October 1. L. 2020: (1)(a)(III) and (1)(b)(III) amended, (HB 20-1326), ch. 126, p. 534, � 16, effective June 25. L. 2024: (1)(a)(III) and (1)(b)(III) repealed and (1)(a)(IV), (1)(a)(VII), (1)(b)(I), and (1)(b)(II) amended, (HB 24-1329), ch. 342, p. 2315, � 12, effective August 7.

Editor's note: This section is similar to former � 12-25-216 as it existed prior

to 2019.

Cross references: For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.

C.R.S. § 12-120-316

12-120-316. Professional land surveyor's seal - rules. (1) Upon receiving a license from the board, a professional land surveyor may obtain a crimp type seal, a rubber stamp type seal, or an electronic type seal of a design approved by the board. The seal must contain the licensed professional land surveyor's name and license number and the designation Colorado licensed professional land surveyor. Colorado land surveyors licensed before July 1, 2004, may continue to use their prior existing seals.

(2)  All documents, plats, and reports resulting from the practice of land

surveying shall be identified with and bear the seal or exact copy thereof, signature, and date of signature of the land surveyor in responsible charge.

(3)  A professional land surveyor shall use a seal and signature only when the

work to which the seal is applied was prepared under the professional land surveyor's responsible charge.

(4)  The board shall adopt rules governing use of the seal and the retention,

use, and distribution of sealed documents and copies thereof.

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

905, � 1, effective October 1.

Editor's note: This section is similar to former � 12-25-217 as it existed prior

to 2019.

PART 4

ARCHITECTS

C.R.S. § 12-130-117

12-130-117. Exemptions. (1) The following shall be exempt from the provisions of this article 130:

(a)  The practice of architecture by licensed architects pursuant to part 4 of

article 120 of this title 12;

(b)  The practice of professional engineering by registered professional

engineers pursuant to part 2 of article 120 of this title 12;

(c)  The practice of professional land surveying by licensed land surveyors

pursuant to part 3 of article 120 of this title 12;

(d)  Residential landscape design, consisting of landscape design services for

single- and multi-family residential properties of four or fewer units not including common areas;

(e)  The design of irrigation systems by professionals qualified by appropriate

experience or certification; and

(f)  Landscape installation and construction services, including, but not

limited to, all contracting services not within the scope of the practice of landscape architecture.

(2)  Nothing in this article 130 shall prohibit or limit a municipality or county

of this state, in the reasonable exercise of its police power, from adopting codes that may be necessary for the protection of the inhabitants of the municipality or county.

(3)  Nothing in this article 130 shall be construed to limit or extend the rights

of another profession or craft.

(4)  Nothing in this article 130 shall be construed to prohibit the practice of

landscape architecture by any employee of the United States government or any bureau, division, or agency of the United States while discharging his or her official duties.

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

938, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-118 as it existed prior

to 2019.

C.R.S. § 12-130-118

12-130-118. Architecture, engineering, and surveying. Nothing in this article 130 shall be construed to authorize a landscape architect to engage in the practice of architecture, as defined in part 4 of article 120 of this title 12, the practice of engineering, as defined in part 2 of article 120 of this title 12, or professional land surveying, as defined in part 3 of article 120 of this title 12.

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

938, � 1, effective October 1.

Editor's note: This section is similar to former � 12-45-119 as it existed prior

to 2019.

C.R.S. § 12-150-103

12-150-103. Definitions. As used in this article 150, unless the context otherwise requires:

(1)  Area operator means a person who owns, manages, or directs the

operation and maintenance of a passenger tramway. Area operator may apply to the state or any political subdivision or instrumentality thereof.

(2)  Board means the passenger tramway safety board created by section

12-150-104.

(3)  Industry means the activities of all those persons in this state who own,

manage, or direct the operation of passenger tramways.

(4)  License means the formal, legal, written permission of the board to

operate a passenger tramway.

(5)  Passenger tramway means a device used to transport passengers uphill

on skis, or in cars on tracks, or suspended in the air by the use of steel cables, chains, or belts, or by ropes, and usually supported by trestles or towers with one or more spans. Passenger tramway includes, but is not limited to, the following devices:

(a)  Fixed-grip lifts. Fixed-grip lift means an aerial lift on which carriers

remain attached to a haul rope. The tramway system may be either continuously or intermittently circulating, and may be either monocable or bicable.

(b)  Detachable-grip lifts. Detachable-grip lift means an aerial lift on which

carriers alternately attach to and detach from a moving haul rope. The tramway system may be monocable or bicable.

(c)  Funiculars. Funicular means a device in which a passenger car running

on steel or wooden tracks is attached to and propelled by a steel cable, and any similar devices.

(d)  Chair lifts. Chair lift means a type of transportation on which

passengers are carried on chairs suspended in the air and attached to a moving cable, chain, or link belt supported by trestles or towers with one or more spans, and any similar devices.

(e)  Surface lifts. Surface lift means a J-bar, T-bar, or platter pull and any

similar types of devices or means of transportation that pull skiers riding on skis by means of an attachment to a main overhead cable supported by trestles or towers with one or more spans.

(f)  Rope tows. Rope tow means a type of transportation that pulls the skier

riding on skis as the skier grasps the rope manually, and any similar devices.

(g)  Portable aerial tramway devices. Portable aerial tramway device means

any device designed for temporary use and operation, without permanent foundations, in changing or variable locations, with a capacity of less than five persons, that transports equipment or personnel, and is not used or intended to be used by the general public.

(h)  Portable tramway devices. Portable tramway device means any device

designed to be used and operated as a rope tow or surface lift without permanent foundations and intended for temporary use in changing or variable locations, when used within the boundary of a recognized ski area.

(i)  Private residence tramways. Private residence tramway means a device

installed at a private residence or installed in multiple dwellings as a means of access to a private residence in multiple dwelling buildings, so long as the tramway is so installed that it is not accessible to the general public or to other occupants of the building.

(j)  Reversible aerial tramways. Reversible aerial tramway means a device

on which passengers are transported in cable-supported carriers and are not in contact with the ground or snow surface, and in which the carriers reciprocate between terminals.

(k)  Conveyors. Conveyor means a type of transportation by which skiers, or

passengers on recreational devices, are transported uphill on top of a flexible, moving element such as a belt or a series of rollers.

(6)  Program director means the person who manages the board's offices

on a day-to-day basis and works with the supervisory tramway engineer and the board in implementing the policies, decisions, and orders of the board.

(7)  Qualified tramway design engineer or qualified tramway construction

engineer means an engineer licensed by the state board of licensure for architects, professional engineers, and professional land surveyors pursuant to part 2 of article 120 of this title 12 to practice professional engineering in this state.

(8)  Staff means the program director, the supervisory tramway engineer,

and their clerical staff.

(9)  Supervisory tramway engineer means the tramway engineer who works

with the program director and the board in implementing the policies, decisions, and orders of the board.

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

977, � 1, effective October 1; (6), (8), and (9) amended, (SB 19-159), ch. 209, p. 2211, � 8, effective October 1.

Editor's note: (1)  This section is similar to former � 25-5-702 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-159.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from May 17, 2019, to October 1, 2019, see SB 19-159, chapter 209, Session Laws of Colorado 2019.

C.R.S. § 12-170-105

12-170-105. Director powers and duties - prohibition - rules. (1) In addition to any other powers and duties granted or imposed on the director pursuant to this article 170 or by any other law, the director has the following powers and duties:

(a)  To promulgate rules pursuant to section 12-20-204 concerning the

following subjects:

(I)  Requirements for the safe provision of regulated natural medicine,

regulated natural medicine product, and natural medicine services to a participant, including:

(A)  Parameters for a preparation session, an administration session, and an

integration session, including requirements for providing and verifying the completion of each session; whether any of the sessions may be conducted using telephone or audio-visual communication technology; and any timeliness requirements for when each session must be completed in relation to the other sessions;

(B)  Health and safety warnings that must be provided to a participant before

the preparation session, administration session, and integration session begin;

(C)  Educational materials that must be provided to a participant before the

preparation session, administration session, and integration session begin;

(D)  A form that a participant, a facilitator, and an authorized representative

of the healing center must sign, unless the facilitator is a sole practitioner, then only the participant and facilitator must sign, before the preparation session, administration session, and integration session begin. At a minimum, the form must provide that the participant provided the participant's complete and accurate health information to the facilitator and that the facilitator provided to the participant identified risk factors based upon the participant's provided health information and drug contraindications; participant expectations of the natural medicine services; parameters for physical contact during natural medicine services, the requirement of informed consent permitting physical contact, and the right to withdraw consent for physical contact; and risks of participating in natural medicine services.

(E)  Proper supervision by the facilitator during the administration session

and requirements to ensure that the participant has a discharge plan or safe transportation from the healing center;

(F)  Provisions for group administration sessions, including requirements for

an administration session that has one or more facilitators performing and supervising the administration session for more than one participant;

(G)  Provisions to permit a facilitator to refuse to provide natural medicine

services to a person based upon health and safety risks or circumstances promulgated by rule; and

(H)  The dosage limit of regulated natural medicine or regulated natural

medicine product that may be provided to a participant for consumption during an administration session;

(II)  Requirements for the licensing of facilitators, practice of facilitation, and

professional conduct of facilitators, including:

(A)  The form and procedures for applying for a new license or renewing or

reinstating a license issued pursuant to this article 170;

(B)  The educational and experiential requirements and qualifications for an

individual to become a facilitator, including education and training on participant safety, drug interactions, contraindications, mental health and state, physical health and state, social and cultural considerations, preparation, administration, integration, and ethics. The educational requirements must not require a professional license or professional degree other than a facilitator license issued pursuant to this article 170; except that, if there are multiple tiers of facilitator licenses, an advanced tier of facilitator licenses may require another professional license or professional degree.

(C)  Oversight and supervision requirements, including professional

responsibility standards and continuing education requirements;

(D)  Establishment of professional standards of conduct to practice

facilitation or a license, registration, permit, or certification pursuant to this article 170;

(E)  Parameters for physical contact with a participant during natural

medicine services, including requirements for obtaining signed informed consent for permissible physical contact and permitting a participant to withdraw consent for permissible physical contact with a participant in any manner and at any time;

(F)  Permitting remuneration for the provision of natural medicine services;


(G)  Permitting provision of group administration sessions by one facilitator

who is performing and supervising the administration session for more than one participant and establishing a limit on the total number of participants who may participate in a group administration session that is performed and supervised by one facilitator;

(H)  Record-keeping, privacy, and confidentiality requirements for licensees,

registrants, permittees, and certificate holders, including protections preventing disclosure of a prospective participant's or participant's personally identifiable information to the public, third parties, or any government agency, except as allowed for purposes expressly stated pursuant to this article 170, rules promulgated pursuant to this article 170, article 50 of title 44, rules promulgated pursuant to article 50 of title 44, or for state or local law enforcement agencies to access records and information for other state or local law enforcement. The information or records related to a participant constitute medical data as described in section 24-72-204 (3)(a)(I), and the information or records may only be disclosed to those persons directly involved with an active investigation or proceeding.

(I)  Parameters for a facilitator's permissible and prohibited financial

interests in a healing center, license pursuant to this article 170, or license pursuant to article 50 of title 44; except that a facilitator may not have a financial interest in more than five natural medicine business licenses pursuant to article 50 of title 44;

(J)  Parameters for a facilitator to provide and supervise natural medicine

services at an authorized location that is not a healing center's licensed premises, including a health-care facility or a private residence;

(K)  Standards for advertising and marketing a licensee's services, including:

Avoiding the misappropriation and exploitation of the federally recognized American tribes and Indigenous people, communities, cultures, and religions; avoiding the excessive commercialization of natural medicine, natural medicine product, and natural medicine services; prohibiting advertising and marketing of natural medicine, natural medicine product, and natural medicine services directed to individuals who are under twenty-one years of age; and other parameters determined necessary by the director;

(L)  The approval of educational programs in the state intended to prepare

individuals for licensure under this article 170, including approving curricula, conducting surveys, and establishing standards for the educational programs; denial of, approval of, and withdrawal of approval from an educational program for failure to meet required standards established by this article 170 or rules adopted by the director; establishment of standards to determine whether institutions outside this state are deemed to have acceptable educational programs and whether graduates of institutions outside this state are deemed to be graduates of approved educational programs for the purpose of licensure under this article 170; and determination of when accreditation of an education program by another state may serve as a basis for approval of licensure;

(M)  The approval of facilitator education and training programs pursuant to

subsection (5)(a) of this section;

(III)  Any rules necessary to differentiate between the types of regulated

natural medicine or regulated natural medicine product provided for participant consumption during an administration session based on qualities, traditional uses, and safety profile;

(IV)  Any rules determined necessary by the director related to the powers or

duties granted or imposed on the director pursuant to this article 170 or by any other law; and

(V)  Any other matters determined necessary by the director to implement or

administer this article 170;

(b)  Beginning on or before December 31, 2024, to review applications in the

form and manner determined by the director for new licenses, registrations, permits, or certificates after payment of the required fee and to grant or deny licenses, registrations, permits, or certificates as provided in this article 170 or a rule promulgated pursuant to this article 170. The division shall prioritize reviewing applications from applicants who have established residency in Colorado.

(c)  To establish licenses, registrations, permits, or certificates determined

necessary by the director to implement or administer this article 170, and to establish eligibility requirements and privileges under the licenses, registrations, permits, or certificates;

(d)  To establish, when financially feasible, procedures, policies, and

programs to ensure this article 170 and rules promulgated pursuant to this article 170 are equitable and inclusive and promote the licensing, registration, and permitting of, and provision of natural medicine and natural medicine product to, persons from communities that have been disproportionately harmed by high rates of arrest for controlled substances, persons who face barriers to health-care access, persons who have traditional, tribal, or Indigenous history with natural medicine or natural medicine product, or persons who are veterans. The director may consult the board when considering procedures, policies, and programs pursuant to this subsection (1)(d).

(e)  To conduct investigations and hearings, gather evidence, and pursue

disciplinary actions pursuant to sections 12-20-403, 12-20-404, and 24-4-105 and this article 170, with respect to licenses, registrations, permits, or certificates when the director has reasonable cause to believe that a person is violating this article 170 or a rule promulgated pursuant to this article 170, in all matters relating to the exercise and performance of the powers and duties vested in the director;

(f)  To take disciplinary or other action as authorized in section 12-20-404 or

limit the scope of practice of an applicant, licensee, registrant, permittee, or certificate holder upon proof of a violation of this article 170 or a rule promulgated pursuant to this article 170;

(g)  To issue cease-and-desist orders under the circumstances and in

accordance with the procedures specified in section 12-20-405;

(h) (I)  Repealed.


(II)  To apply to any court of competent jurisdiction to temporarily restrain or

preliminarily or permanently enjoin the act in question of an individual who or entity that is not licensed, registered, permitted, or certified pursuant to this article 170 and to enforce compliance with this article 170 or a rule promulgated pursuant to this article 170 whenever it appears to the director upon sufficient evidence satisfactory to the director that an individual or entity has been or is committing an act prohibited by this article 170 or a rule promulgated pursuant to this article 170, and the act:

(A)  Threatens public health or safety; or


(B)  Constitutes an unlawful act for which the individual or entity does not

hold the required license, registration, permit, or certificate pursuant to this article 170 or a rule promulgated pursuant to this article 170;

(i)  To maintain and update an online list that is accessible to the public of

licensees, registrants, permittees, and certificate holders that includes whether the licensee, registrant, permittee, or certificate holder has had its license, registration, permit, or certificate limited, suspended, or revoked in accordance with a disciplinary action pursuant to this article 170;

(j)  In coordination with the state licensing authority pursuant to section 44-50-202 (1)(k), annually publish a publicly available report concerning the

implementation and administration of this article 170 and article 50 of title 44. The report must use relevant data, as determined by the director and the state licensing authority, and must not disclose the identity of any participant or include any information that could disclose the identity of a participant.

(k)  Perform other functions and duties necessary to administer this article

170.

(2)  The director shall consult the board when considering and promulgating

rules pursuant to this article 170.

(3)  The division has authority to collect available and relevant data

necessary to perform functions and duties necessary to administer this article 170.

(4)  The director or a division employee with regulatory oversight

responsibilities for licensees, permittees, registrants, or certificate holders pursuant to this article 170 shall not work for, represent, provide consulting services to, or otherwise derive pecuniary gain from a licensee, permittee, registrant, or certificate holder that is regulated pursuant to this article 170 or any other business established for the primary purpose of providing services to the natural medicine industry for a period of six months after the employee's last day of employment with the division.

(5) (a)  The director may approve a facilitator education and training program

and adopt rules pursuant to subsection (1)(a) of this section.

(b)  A person seeking approval of an education and training program to

prepare individuals for licensure as a facilitator shall apply to the director and submit evidence that the proposed education and training program complies with this article 170 and rules adopted by the director pursuant to subsection (1)(a) of this section.

(c)  To be approved pursuant to this subsection (5), an education and training

program must include all items required by subsection (1)(a)(II)(B) of this section, including a curriculum and materials that will provide a basic level of both knowledge and demonstrable skills for each individual completing the program and any additional content required pursuant to rules adopted by the director pursuant to subsection (1)(a) of this section.

(6)  The director or the director's designee may inspect and survey each

approved facilitator education and training program at the director's discretion.

(7) (a)  The division shall create a process to review the director's denial of an

education and training program. The process established pursuant to this subsection (7) must require the director or the director's designee, division counsel, and the chair of the natural medicine advisory board or the chair's designee to review applications prior to a denial being issued by the director.

(b)  If the applicant is denied approval after the review process created

pursuant to subsection (7)(a) of this section, the director shall document the grounds for denial and submit that documentation to the applicant.

(8)  The division shall regularly review the natural medicine program,

including the approval process for facilitator education and training programs. The division shall include the review in the annual reporting required in subsection (1)(j) of this section.

Source: Initiated 2022: Entire article added, Proposition 122, L. 2023, p.

3598, effective upon proclamation of the Governor, December 27, 2022. L. 2023: Entire section R&RE, (SB 23-290), ch. 249, p. 1375, � 4, effective July 1. L. 2024: (1)(a)(II)(L), (1)(a)(II)(M), and (5) to (8) added, (1)(e) amended, and (1)(h)(I) repealed, (SB 24-198), ch. 452, p. 3139, � 3, effective June 6.

Editor's note: (1)  This section is similar to former � 12-170-104 (1), (2), (3), (5),

(6), (7), (8), (9), and (10) as they existed prior to 2023

(2)  This section was relocated to � 12-170-106 in 2023.

C.R.S. § 12-20-202

12-20-202. Licenses, certifications, and registrations - renewal - reinstatement - fees - occupational credential portability program - exceptions for military personnel, spouses, gold star military spouses, and dependents - rules - consideration of criminal convictions or driver's history - executive director authority - definitions. (1) Renewal. (a) Licenses, certifications, and registrations issued pursuant to a part or article of this title 12 expire pursuant to a schedule established by the director and must be renewed or reinstated in accordance with this section. The director shall establish renewal fees and delinquency fees for reinstatement pursuant to section 12-20-105. If a person fails to renew the person's license, certification, or registration pursuant to the schedule established by the director, the license, certification, or registration expires. A person whose license, certification, or registration has expired is subject to the penalties set forth in this section and any other penalties authorized in the applicable part or article of this title 12 that regulates the person's profession or occupation.

(b)  Notwithstanding any provision of the law to the contrary, the director

may change the renewal date of any license, certification, or registration issued by a regulator so that approximately the same number of licenses, certifications, or registrations are scheduled for renewal in each month of the year. Where any renewal date is so changed, the fee for the license, certification, or registration is proportionately increased or decreased, as the case may be. Except for a license, certification, or registration issued in accordance with subsection (3)(f) of this section, a license, certification, or registration is valid for a period of no less than one year and no longer than three years, as determined by the director in consultation with the applicable regulator. A licensee, certificate holder, or registrant shall submit an application for renewal to the applicable regulator on forms and in the manner prescribed by the director.

(c)  Notwithstanding any provision of the law to the contrary, upon the

approval and recommendation of a regulator, the executive director may change the period of the validity of any license, certification, or registration issued by the regulator for a period not to exceed three years. If the executive director changes the period of validity of a license, certification, or registration pursuant to this subsection (1)(c), the director shall proportionately increase or decrease the fee for the license, certification, or registration, as the case may be, but the director shall not impose a fee increase that would result in hardship to the licensee, certificate holder, or registrant.

(d)  A regulator may prescribe renewal requirements, which must include

compliance with any continuing education or continuing competency requirements adopted pursuant to the regulator's authority.

(e)  The director shall allow for a grace period for licenses, certifications, or

registrations issued by a regulator. A licensee, certificate holder, or registrant has a sixty-day grace period after the expiration of his or her license, certification, or registration to renew the license, certification, or registration without the imposition of a disciplinary sanction by the regulator for the profession for practicing on an expired license, certification, or registration. The licensee, certificate holder, or registrant shall satisfy all renewal requirements pursuant to the applicable part or article of this title 12 and shall pay a delinquency fee in an amount determined pursuant to sections 12-20-105 and 24-79.5-102.

(2)  Reinstatement. (a)  If a licensee, registrant, or certificate holder does not

renew his or her license, registration, or certificate within the sixty-day grace period pursuant to subsection (1)(e) of this section, the license, registration, or certificate is treated as an expired license, registration, or certificate, and the licensee, registrant, or certificate holder is ineligible to practice until the license, registration, or certificate is reinstated.

(b)  The regulator shall reinstate the expired license, certificate, or

registration of any active military personnel, including any National Guard member or reservist who is currently on active duty for a minimum of thirty days, and any veteran who has not been dishonorably discharged, if the military personnel or veteran meets the requirements of this subsection (2).

(c)  The regulator, in its discretion and pursuant to its authority, may reinstate

an expired license, registration, or certificate of any person other than the active military personnel or veterans specified in subsection (2)(b) of this section pursuant to the following requirements:

(I) (A)  The licensee, registrant, or certificate holder submits an application

for reinstatement of the license, registration, or certificate to the regulator sixty days or more after the date of expiration, and the licensee, registrant, or certificate holder complies with all requirements of the applicable part or article of this title 12.

(B)  If the licensee, registrant, or certificate holder practiced with an expired

license, registration, or certificate, the regulator may impose disciplinary actions against the licensee, registrant, or certificate holder.

(II)  If the license, registration, or certificate has been expired for more than

two years, the person with the expired license, registration, or certificate shall pay all applicable renewal and reinstatement fees and shall satisfactorily demonstrate to the regulator that the person is competent to practice within his or her profession. The regulator, as it deems appropriate, shall accept one or more of the following as a demonstration of competency to practice:

(A)  A license, registration, or certificate from another state that is in good

standing for the applicant where the applicant demonstrates active practice;

(B)  Practice for a specified time under a restricted license, registration, or

certificate;

(C)  Successful completion of prescribed remedial courses ordered by the

regulator that are within the authority of the regulator to require;

(D)  Successful completion of any continuing education or continuing

competency requirements prescribed by the regulator that are within the authority of the regulator to require;

(E)  Passage of an examination for licensure, registration, or certification as

approved by the regulator that the regulator has the authority to require; or

(F)  Other professional standards or measures of continued competency as

determined by the regulator.

(III)  The regulator may waive the requirements for reinstatement of an

expired license, registration, or certificate by an applicant who demonstrates hardship, so long as the regulator considers the protection of the public in the hardship petition.

(3)  Occupational credential portability program - definitions. (a)  There is

hereby created in the division the occupational credential portability program by which a regulator may approve an application for licensure, certification, registration, or enrollment by endorsement, reciprocity, or transfer. Each regulator shall strive to reduce barriers for applicants under the occupational credential portability program, including through reciprocity agreements, compacts, or other means to expedite licensure, certification, registration, or enrollment and shall adopt rules to implement the program in the least burdensome way necessary to protect the public. Unless there are specific reasons to withhold a license, certification, registration, or enrollment, a regulator shall issue a license, certification, registration, or enrollment, as applicable, to an applicant who meets the requirements of this subsection (3) and rules adopted by the regulator pursuant to this subsection (3).

(b) (I)  Except as specified in subsections (3)(c) and (3)(f) of this section, a

person duly licensed, certified, registered, or enrolled in good standing in another state or United States territory or through the federal government to practice a particular profession or occupation, or who holds a military occupational specialty, as defined in section 24-4-201, is, upon application to the division for licensure, certification, registration, or enrollment in that profession or occupation in this state, entitled to the issuance of the applicable license, certification, registration, or enrollment if all of the following apply:

(A)  Submission of satisfactory proof to the regulator, under penalty of

perjury, of the applicant's substantially equivalent experience or credentials, as required by the part or article of this title 12 that regulates the applicable profession or occupation, or satisfactory proof that the applicant has held for at least one year a current and valid license, certification, registration, or enrollment under a jurisdiction with a scope of practice that is substantially similar to the scope of practice of the profession or occupation as specified in this title 12 and that the applicant has not committed an act that would be grounds for disciplinary action under the law governing the applicable profession or occupation;

(B)  Payment of applicable fees established pursuant to section 12-20-105;

and

(C)  Compliance with any other applicable requirement, including passing an

exam, of the part or article of this title 12 that regulates the applicable profession or occupation.

(II)  For the purposes of this subsection (3)(b), in good standing means that

a license, certification, registration, or enrollment has not been revoked or suspended and against which there are no outstanding disciplinary or adverse actions.

(c)  An applicant is not entitled to licensure, certification, registration, or

enrollment pursuant to this subsection (3) if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant:

(I)  Lacks the requisite substantially equivalent education, experience, or

credentials to practice the applicable profession or occupation; or

(II)  Has committed an act that would be grounds for disciplinary action under

the law governing the applicable profession or occupation.

(d)  A regulator may specify by rule what constitutes substantially equivalent

experience or credentials and, unless otherwise prohibited by this title 12, shall allow an applicant for certification, registration, or licensure by endorsement to demonstrate competency in a specific profession or occupation as determined by the regulator in lieu of a requirement that the applicant has worked or practiced in that profession or occupation for a period of time prior to the application for endorsement.

(d.5)  Nothing in this subsection (3) prohibits a person from applying for an

occupational license, registration, or certification pursuant to another statute or rule.

(e)  Subsections (3)(a) to (3)(d) of this section do not apply to the following

professions or occupations:

(I)  Combative sports, regulated pursuant to article 110 of this title 12;


(II)  Electricians, regulated pursuant to article 115 of this title 12;


(II.5)  Engineers, surveyors, and architects, regulated pursuant to article 120

of this title 12;

(III)  Repealed.


(IV)  Mortuaries and crematories, regulated pursuant to article 135 of this

title 12;

(V)  Nontransplant tissue banks, regulated pursuant to article 140 of this title

12;

(VI)  Outfitters and guides, regulated pursuant to article 145 of this title 12;


(VII)  Passenger tramways, regulated pursuant to article 150 of this title 12;


(VIII)  Plumbers, regulated pursuant to article 155 of this title 12;


(IX)  Repealed.


(IX.5)  Dental therapists, regulated pursuant to article 220 of this title 12;


(X)  Direct-entry midwives, regulated pursuant to article 225 of this title 12;

or

(XI)  Surgical assistants and surgical technologists, regulated pursuant to

article 310 of this title 12.

(f) (I)  Except as specified in subsection (3)(f)(III) of this section, a military

spouse, gold star military spouse, military dependent, or spouse or dependent of any other qualified servicemember duly licensed, certified, registered, or enrolled in good standing in another state or United States territory to practice a particular profession or occupation is, upon application to the division for licensure, certification, registration, or enrollment in that profession or occupation in this state, entitled to the issuance of a license, certification, registration, or enrollment upon submission of satisfactory proof to the regulator, under penalty of perjury, of the applicant's active license, certification, registration, or enrollment in another state or United States territory in good standing.

(II)  As used in this subsection (3)(f):


(A)  Gold star military spouse or gold star spouse means the spouse of a

servicemember, which servicemember died while on military orders, who was relocated to Colorado.

(B)  In good standing means that a license, certification, registration, or

enrollment has not been revoked, expired, or suspended and against which there are no outstanding disciplinary or adverse actions.

(C)  Military dependent means the dependent of a servicemember serving in

the United States uniformed services who was relocated to Colorado.

(D)  Military spouse or spouse means the spouse of a servicemember

serving in the United States uniformed services who was relocated to Colorado.

(E)  Relocated means that a servicemember in the United States uniformed

services and the servicemember's spouse or dependent have, or the servicemember's gold star spouse has, moved to Colorado, as a result of: An assignment to a duty station in Colorado; a reassignment, either as a result of a permanent change of station or permanent change of assignment to Colorado, between two duty stations; or a transfer from a regular component of a uniformed service into a selected reserve of the Ready Reserve of a uniformed service, if the member is authorized to make a final move from the member's last duty station to Colorado.

(F)  Servicemember means a member of the uniformed services, as defined

in 10 U.S.C. sec. 101 (a)(5).

(III)  An applicant is not entitled to licensure, certification, registration, or

enrollment pursuant to this subsection (3)(f) if approving the licensure, certification, registration, or enrollment would violate an existing compact or reciprocity agreement or if the regulator demonstrates by a preponderance of evidence, after notice and opportunity for a hearing, that the applicant's license, certification, registration, or enrollment issued by another state or United States territory is not in good standing.

(IV)  Notwithstanding any provision of law to the contrary:


(A)  A license, certification, registration, or enrollment issued to a military

spouse, a gold star military spouse, a military dependent, or the spouse or dependent of any other qualified servicemember pursuant to this subsection (3)(f) is valid for six years after the date of issuance and may be renewed.

(B)  Each regulator shall waive the application fee for single state licenses,

certifications, registrations, or enrollments issued pursuant to this subsection (3)(f).

(4)  Military personnel. A regulator shall, upon presentation of satisfactory

evidence by an applicant for licensure, certification, or registration, accept education, training, or service completed by an individual as a member of the armed forces or reserves of the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state toward the qualifications to receive the license, certification, or registration. Each regulator shall promulgate rules to implement this subsection (4).

(5)  Criminal convictions. (a)  Unless there is a specific statutory

disqualification that prohibits an applicant from obtaining licensure, certification, or registration based on a criminal conviction, if a regulator determines that an applicant for licensure, certification, or registration has a criminal record, the regulator is governed by sections 12-20-206 and 24-5-101 for purposes of granting or denying, or placing any conditions on, licensure, certification, or registration.

(b)  A regulator may require an applicant for a license, certification, or

registration issued pursuant to the following sections to submit to a fingerprint-based criminal history record check:

(I)  A funeral director licensed pursuant to parts 5 and 6 of article 135 of this

title 12;

(II)  A mortuary science practitioner licensed pursuant to parts 5 and 7 of

article 135 of this title 12;

(III)  An embalmer licensed pursuant to parts 5 and 8 of article 135 of this

title 12;

(IV)  A cremationist licensed pursuant to parts 5 and 9 of article 135 of this

title 12;

(V)  A natural reductionist licensed pursuant to parts 5 and 9 of article 135 of

this title 12;

(VI)  An audiologist licensed pursuant to article 210 of this title 12;


(VII)  A dental hygienist licensed pursuant to sections 12-220-405 to 12-220-407;


(VIII)  A dentist licensed pursuant to sections 12-220-401 to 12-220-404;


(IX)  A physician assistant licensed pursuant to section 12-240-113;


(X)  A social worker licensed pursuant to part 4 of article 245 of this title 12;


(XI)  A licensed professional counselor licensed pursuant to part 6 of article

245 of this title 12;

(XII)  A certified midwife licensed pursuant to section 12-255-111.5;


(XIII)  An occupational therapist licensed pursuant to sections 12-270-106 (1)

and 12-270-107;

(XIV)  An occupational therapy assistant licensed pursuant to sections 12-270-106 (2) and 12-270-108; or


(XV)  A speech-language pathologist certified pursuant to article 305 of this

title 12.

(c)  An applicant submitting to a fingerprint-based criminal history record

check pursuant to subsection (5)(b) of this section must pay the costs associated with the fingerprint-based criminal history record check.

(d)  After submitting an application for a license, certification, or registration,

if the applicant submits to a fingerprint-based criminal history record check, the applicant shall have the applicant's fingerprints taken by a local law enforcement agency or a third party approved by the Colorado bureau of investigation. The applicant shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(e)  If an approved third party takes the applicant's fingerprints, the

fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. A third-party vendor shall not keep the applicant's information for more than thirty days after the information is collected.

(f)  The Colorado bureau of investigation shall use the applicant's fingerprints

to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check. The Colorado bureau of investigation, the applicant, the department, and the entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a criminal history record check.

(g)  The Colorado bureau of investigation shall return the results of its

criminal history record check to the department, and the department is authorized to receive the results of the federal bureau of investigation's criminal history record check. The department shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified to hold a license, certification, or registration pursuant to this section and the following section for the following applicant or licensee:

(I)  Section 12-135-503 for a cremationist, an embalmer, a funeral director, a

mortuary science practitioner, or a natural reductionist;

(II)  Section 12-210-108 for an audiologist;


(III)  Section 12-220-201 for a dentist or a dental hygienist;


(IV)  Section 12-240-121 for a physician assistant;


(V)  Section 12-245-224 for a licensed professional counselor or a social

worker;

(VI)  Section 12-255-120 for a certified midwife;


(VII)  Section 12-270-114 for an occupational therapist or an occupational

therapy assistant; or

(VIII)  Section 12-305-112 for a speech-language pathologist.


(h)  When the results of a criminal history record check of an applicant

performed pursuant to this section reveal a record of arrest without a disposition, the department shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d), performed using state judicial department records.

(5.5)  Driver's history. A regulator shall not consider an event in an

applicant's driver's history when determining whether to issue to the applicant a new, renewal, reactivated, or reinstated license, certification, or registration unless:

(a)  The event is relevant to the performance of the profession or occupation

that is the subject of the application; and

(b) (I)  The operation of a motor vehicle is a duty of the profession or

occupation that is the subject of the application;

(II)  The event is a part of a pattern of behavior that is relevant to the

performance of the profession or occupation that is the subject of the application; or

(III)  The event occurred within three years before the date that the applicant

submitted the application to the regulator.

(6)  Executive director authority. (a)  Form of license, certification, or

registration. The executive director, after consultation with the regulator concerned, shall determine the form and content of any license, certification, or registration issued by the regulator, including any document evidencing renewal of a license, certification, or registration.

(b)  Review of examinations and procedures. Notwithstanding any entity

status as a type 1 entity, as defined in section 24-1-105, the executive director may review any examination or procedure for granting a license, certification, or registration by any regulator prior to the execution of the examination or procedure. After the review, if the executive director has reason to believe the examination or procedure is unfair to the applicants or unreasonable in content, the executive director shall call on five people licensed, certified, or registered in the occupation or profession to review the examination or procedure jointly with the executive director. The executive director and the licensees, certificate holders, or registrants, acting jointly, may make findings of fact and recommendations to the regulator concerning any examination or procedure. The findings of fact and recommendations are public documents.

(c)  Employment of administrative law judges. Notwithstanding any entity

status as a type 1 entity, as defined in section 24-1-105, the executive director may employ an administrative law judge, and may require any regulator to use an administrative law judge in lieu of a hearing by the regulator, to conduct hearings on any matter within the jurisdiction of the regulator, subject to appropriations made to the department of personnel. Administrative law judges are appointed pursuant to part 10 of article 30 of title 24. An administrative law judge employed pursuant to this subsection (6)(c) shall conduct hearings in accordance with section 24-4-105, and the administrative law judge has the authority specified in section 24-4-105.

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

735, � 1, effective October 1. L. 2020: (3) amended, (HB 20-1326), ch. 126, p. 528, � 4, effective June 25. L. 2021: (3)(e)(III) repealed, (SB 21-266), ch. 423, p. 2796, � 9, effective July 2; (5.5) added, (SB 21-040), ch. 59, p. 239, � 2, effective September 7. L. 2022: IP(3)(b)(I), (3)(b)(I)(A), IP(3)(c), and (3)(c)(I) amended and (3)(d.5) and (3)(e)(II.5) added, (SB 22-116), ch. 146, p. 949, � 2, effective August 10; (3)(e)(IX) repealed, (SB 22-212), ch. 421, p. 2967, � 20, effective August 10; (3)(e)(IX.5) added, (SB 22-219), ch. 381, p. 2723, � 27, effective January 1, 2023. L. 2023: (6)(b) and (6)(c) amended, (HB 23-1301), ch. 303, p. 1817, � 11, effective August 7. L. 2024: (5) amended, (HB 24-1004), ch. 371, p. 2497, � 2, effective August 7; (1)(b) and (3)(f) amended, (HB 24-1097), ch. 70, p. 231, � 3, effective September 1. L. 2025: (5) amended, (SB 25-146), ch. 342, p. 1849, � 1, effective June 2.

Editor's note: Subsection (1)(a) is similar to former � 12-5.5-202 (2);

subsection (1)(b) is similar to former � 24-34-102 (8)(a); subsection (1)(c) is similar to former � 24-34-102 (7); subsection (1)(d) is similar to former � 24-34-102 (8)(b); subsection (1)(e) is similar to former � 24-34-102 (8)(c); subsection (2) is similar to former � 24-34-102 (8)(d); subsection (3) is similar to former � 24-34-102 (8)(e); subsection (4) is similar to former � 24-34-102 (8.5); subsection (5) is similar to former � 24-34-102 (8.7); subsection (6)(a) is similar to former � 24-34-102 (10); subsection (6)(b) is similar to former � 24-34-102 (11); and subsection (6)(c) is similar to former � 24-34-102 (12), as those sections existed prior to 2019.

Cross references: (1)  For the short title (Red Tape Reduction Act) and the

legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020. For the short title (Red Tape Reduction Act of 2022) in SB 22-116, see section 1 of chapter 146, Session Laws of Colorado 2022. For the short title (Military Family Employment Support Act) and the legislative declaration in HB 24-1097, see sections 1 and 2 of chapter 70, Session Laws of Colorado 2024.

(2)  For the legislative declaration in SB 22-219, see section 1 of chapter 381,

Session Laws of Colorado 2022.

C.R.S. § 12-20-404

12-20-404. Disciplinary actions - regulator powers - disposition of fines - mistreatment of at-risk adult - exceptions - definitions. (1) General disciplinary authority. If a regulator determines that an applicant, licensee, certificate holder, or registrant has committed an act or engaged in conduct that constitutes grounds for discipline or unprofessional conduct under a part or article of this title 12 governing the particular profession or occupation, the regulator may:

(a)  Issue a letter of admonition in accordance with subsection (4) of this

section;

(b) (I)  Place a licensee, certificate holder, or registrant on probation, except

as provided in subsection (1)(b)(II) of this section.

(II)  A regulator is not authorized under this subsection (1)(b) to impose

probation on a licensee, certificate holder, or registrant regulated under the following:

(A)  Article 150 of this title 12 concerning passenger tramways;


(B)  Repealed.


(C)  Article 255 of this title 12 concerning nurse aides; or


(D)  Article 310 of this title 12 concerning surgical assistants and surgical

technologists.

(c) (I)  Impose an administrative fine, subject to any limitations or

requirements specified in the part or article of this title 12 governing a particular profession or occupation and except as provided in subsection (1)(c)(II) of this section.

(II)  A regulator is not authorized under this subsection (1)(c) to impose a fine

on a licensee, certificate holder, or registrant regulated under the following:

(A)  Repealed.


(B)  Article 140 of this title 12 concerning nontransplant tissue banks;


(C)  Repealed.


(D)  Article 205 of this title 12 concerning athletic trainers;


(E)  Article 255 of this title 12 concerning nurse aides;


(F)  Article 265 of this title 12 concerning nursing home administrators;


(G)  Article 270 of this title 12 concerning occupational therapists and

occupational therapy assistants;

(H)  Article 300 of this title 12 concerning respiratory therapists; or


(I)  Article 310 of this title 12 concerning surgical assistants and surgical

technologists.

(d) (I)  Deny, refuse to renew, revoke, or suspend the license, certification, or

registration of an applicant, licensee, certificate holder, or registrant, except as provided in subsection (1)(d)(II) of this section.

(II)  A regulator is not authorized under this subsection (1)(d) to refuse to

renew the license, certification, or registration of a licensee, certificate holder, or registrant regulated under the following:

(A)  Article 105 of this title 12 concerning barbers and cosmetologists;


(B)  Article 110 of this title 12 concerning combative sports;


(C)  Repealed.


(D)  Article 140 of this title 12 concerning nontransplant tissue banks;


(E)  Article 145 of this title 12 concerning outfitters and guides;


(F)  Repealed.


(G)  Article 200 of this title 12 concerning acupuncturists;


(H)  Article 225 of this title 12 concerning direct-entry midwives;


(I)  Article 240 of this title 12 concerning medical practice;


(J)  Article 250 of this title 12 concerning naturopathic doctors;


(J.5)  Article 255 of this title 12 concerning nurses and certified midwives;


(K)  Article 255 of this title 12 concerning nurse aides;


(L)  Article 305 of this title 12 concerning speech-language pathologists; or


(M)  [Editor's note: This version of subsection (1)(d)(II)(M) is effective until

January 1, 2026.] Article 315 of this title 12 concerning veterinarians and veterinary technicians.

(M)  [Editor's note: This version of subsection (1)(d)(II)(M) is effective January

1, 2026.] Article 315 of this title 12 concerning veterinarians, veterinary technicians, and veterinary professional associates.

(2)  Deferral precluded. (a)  When a complaint or investigation discloses an

instance of misconduct that, in the opinion of a regulator, warrants formal action, the regulator shall not resolve the complaint by a deferred settlement, action, judgment, or prosecution.

(b)  This subsection (2) does not apply to the following:


(I)  Repealed.


(II)  Article 140 of this title 12 concerning nontransplant tissue banks;


(III)  Article 150 of this title 12 concerning passenger tramways; and


(IV)  Article 255 of this title 12 concerning nurse aides.


(3)  Waiting period after revocation or surrender. (a) (I)  Except as provided in

subsections (3)(a)(III) and (3)(c) of this section, a person whose license, certification, or registration to practice a profession or occupation under this title 12 is revoked is ineligible to apply for a new license, certification, or registration under the part or article of this title 12 that governs the particular profession or occupation for two years after the date of revocation of the license, certification, or registration.

(II)  In addition, the waiting period specified in subsection (3)(a)(I) of this

section applies when a person regulated under any of the following articles surrenders a license, certification, or registration to avoid discipline:

(A)  Article 105 of this title 12 concerning barbers and cosmetologists;


(B)  Article 145 of this title 12 concerning outfitters and guides;


(C)  Repealed.


(C.5)  Article 165 of this title 12 concerning radon professionals;


(D)  Article 200 of this title 12 concerning acupuncturists;


(D.5)  Article 205 of this title 12 concerning athletic trainers;


(E)  Article 210 of this title 12 concerning audiologists;


(F)  Article 230 of this title 12 concerning hearing aid providers;


(G)  Article 235 of this title 12 concerning massage therapists;


(H)  Article 240 of this title 12 concerning medical practice;


(I)  Article 250 of this title 12 concerning naturopathic doctors;


(J)  Article 255 of this title 12 concerning nurses, certified midwives, and

nurse aides;

(K)  Article 270 of this title 12 concerning occupational therapists and

occupational therapy assistants;

(L)  Article 285 of this title 12 concerning physical therapists and physical

therapist assistants;

(M)  Article 300 of this title 12 concerning respiratory therapists;


(N)  Article 305 of this title 12 concerning speech-language pathologists; and


(O)  Article 310 of this title 12 concerning surgical assistants and surgical

technologists.

(III) (A)  For a person whose license as a nursing home administrator issued

under article 265 of this title 12 is revoked, the person is ineligible to apply for a new nursing home administrator license under that article for one year after the date of revocation.

(B)  For a person whose license, certification, or registration as a mental

health professional issued under article 245 of this title 12 is revoked, or who surrenders the license, certification, or registration to avoid discipline, the person is ineligible to apply for a new license, certification, or registration under that article for three years after the date of revocation or surrender.

(b)  This subsection (3) applies to a person enrolled as an engineer-intern

pursuant to part 2 of article 120 of this title 12 or as a land surveyor-intern under part 3 of article 120 of this title 12.

(c)  This subsection (3) does not apply to the following:


(I)  Article 110 of this title 12 concerning combative sports;


(II)  Repealed.


(III)  Article 140 of this title 12 concerning nontransplant tissue banks;


(IV)  Article 150 of this title 12 concerning passenger tramways;


(V)  Repealed.


(VI)  Article 215 of this title 12 concerning chiropractors; and


(VII)  Repealed.


(VIII)  Article 295 of this title 12 concerning psychiatric technicians.


(IX)  Repealed.


(4)  Letter of admonition. (a)  When a complaint or investigation discloses an

instance of misconduct that, in the opinion of a regulator, does not warrant formal action by the regulator but that should not be dismissed as being without merit, the regulator may issue and send a letter of admonition to the licensee, certificate holder, or registrant.

(b) (I)  When a regulator sends a letter of admonition to a licensee, certificate

holder, or registrant pursuant to subsection (4)(a) of this section, the regulator shall also advise the licensee, certificate holder, or registrant that the person has the right to request in writing, within twenty days after receipt of the letter, that the regulator initiate formal disciplinary proceedings to adjudicate the propriety of the conduct upon which the letter of admonition is based.

(II)  If the licensee, certificate holder, or registrant timely requests

adjudication, the regulator shall vacate the letter of admonition and shall process the matter by means of formal disciplinary proceedings.

(c)  Repealed.


(5)  Confidential letter of concern. (a)  When a complaint or investigation

discloses an instance of conduct that does not warrant formal action by a regulator and, in the opinion of the regulator, should be dismissed, but the regulator has noticed indications of possible errant conduct by the licensee, certificate holder, or registrant that could lead to serious consequences if not corrected, the regulator may or shall, in accordance with the part or article of this title 12 governing the particular profession or occupation, send the licensee, certificate holder, or registrant a confidential letter of concern.

(b)  This subsection (5) does not apply to the following:


(I)  Repealed.


(II)  Article 140 of this title 12 concerning nontransplant tissue banks; and


(III)  Article 150 of this title 12 concerning passenger tramways.


(IV) and (V)  Repealed.


(6)  Disposition of fines. (a)  Except as specified in subsection (6)(b) of this

section, a regulator shall transmit all fines collected pursuant to a part or article of this title 12 to the state treasurer, who shall credit them to the general fund.

(b)  The disposition of fines collected by:


(I)  The state electrical board is governed by section 12-115-122 (5)(a);


(II)  The director for violations of laws governing the activities of outfitters

and guides is governed by section 12-145-110 (3); and

(III)  The state plumbing board is governed by section 12-155-123 (4)(a).


(7)  Mistreatment of at-risk adult. A licensee, certificate holder, or registrant

substantiated in a case of mistreatment of an at-risk adult while performing professional duties shall provide the licensee's, certificate holder's, or registrant's professional license number to county adult protective services, upon request.

(8)  Discipline based solely on marijuana activity. (a)  Notwithstanding

subsection (1) of this section or any other provision in this title 12, a regulator shall not deny licensure, certification, or registration to an applicant or impose disciplinary action against a licensee, certificate holder, or registrant pursuant to subsection (1) of this section based solely on:

(I)  A civil or criminal judgment against the applicant, licensee, certificate

holder, or registrant regarding the consumption, possession, cultivation, or processing of marijuana, if the underlying action:

(A)  Was lawful and consistent with professional conduct and standards of

care within Colorado; and

(B)  Did not otherwise violate Colorado law;


(II)  Previous professional disciplinary action concerning the applicant's,

licensee's, certificate holder's, or registrant's professional licensure in this or any other state or territory of the United States, if the professional disciplinary action:

(A)  Was based solely on the applicant's, licensee's, certificate holder's, or

registrant's consumption, possession, cultivation, or processing of marijuana; and

(B)  Did not otherwise violate Colorado law.


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


(I)  Civil judgment means a final court decision and order resulting from a

civil lawsuit or a settlement in lieu of a final court decision.

(II)  Criminal judgment means a guilty verdict, a plea of guilty, a plea of nolo

contendere, or a deferred judgment or sentence.

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

744, � 1, effective October 1. L. 2020: (1)(b)(II)(C), (1)(c)(II)(E), (1)(d)(II)(K), (2)(b)(IV), and (3)(a)(II)(J) amended and (3)(c)(VII) repealed, (HB 20-1183), ch.157, p. 695, � 34, effective July 1; (1)(d)(II)(J.5) added, (HB 20-1216), ch. 190, p. 878, � 22, effective July 1; (1)(c)(II)(A), (1)(d)(II)(C), (2)(b)(I), (3)(c)(II), and (5)(b)(I) repealed, (HB 20-1286), ch. 269, p. 1312, � 8, effective July 10. L. 2021: (1)(b)(II)(B), (3)(c)(V), and (5)(b)(IV) repealed, (3)(a)(II)(D.5) added, and (4)(c) amended, (SB 21-147), ch. 174, p. 950, � 2, effective September 1; (3)(a)(II)(M), (3)(a)(II)(N), (3)(c)(VI), (3)(c)(VIII), (4)(c), (5)(b)(III), and (5)(b)(IV) amended, (3)(a)(II)(O) added, and (3)(c)(IX) and (5)(b)(V) repealed, (SB 21-092), ch. 139, p. 781, � 3, effective September 1; IP(4)(c) repealed, (SB 21-266), ch. 423, p. 2796, � 10, effective September 1; (3)(a)(II)(C.5) added, (HB 21-1195), ch. 398, p. 2645, � 3, effective September 7; (7) added, (HB 21-1123), ch. 106, p. 429, � 6, effective September 7. L. 2022: (1)(d)(II)(F) and (3)(a)(II)(C) repealed, (SB 22-212), ch. 421, p. 2967, � 21, effective August 10; (1)(d)(II)(M) amended, (HB 22-1235), ch. 442, p. 3101, � 3, effective August 10; (1)(c)(II)(C) repealed, (HB 22-1263), ch. 254, p. 1849, � 3, effective September 1. L. 2023: (8) added, (SB 23-265), ch. 252, p. 1433, � 1, effective May 24; (1)(d)(II)(J.5) and (3)(a)(II)(J) amended, (SB 23-167), ch. 261, p. 1531, � 22, effective May 25. Initiated 2024: (1)(d)(II)(M) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619.

Editor's note: (1)  This section is similar to former � 12-5.5-302 as it existed

prior to 2019.

(2) (a)  Amendments to subsections IP(4)(c) and (4)(c) by SB 21-092, SB 21-147, and SB 21-266 were harmonized.


(b)  Amendments to subsection (5)(b)(IV) by SB 21-092 and SB 21-147 were

harmonized.

(3)  Subsection (1)(d)(II)(M) was changed by Proposition 129, effective January

1, 2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:

FOR:  1,572,545


AGAINST:  1,407,814


Cross references: For the legislative declaration in HB 20-1216, see section 1

of chapter 190, Session Laws of Colorado 2020.

C.R.S. § 12-20-407

12-20-407. Unauthorized practice of profession or occupation - penalties - exclusions. (1) (a) A person commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 if the person:

(I)  Violates section 12-100-112 or 12-100-116 (1)(a);


(II)  Engages in or offers or attempts to engage in the conduct, promotion, or

performance of live boxing matches without an active license or permit issued under article 110 of this title 12;

(III)  Repealed.


(IV)  Engages in or works at or offers or attempts to engage in or work at the

business, trade, or calling of a residential, journeyworker, master, or apprentice plumber; a water conditioning contractor; a water conditioning installer; or a water conditioning principal without an active license, permit, or registration issued under article 155 of this title 12; or

(V)  Practices or offers or attempts to practice any of the following

professions or occupations without an active license, certification, or registration issued under the part or article of this title 12 governing the particular profession or occupation:

(A)  Barbering, hairstyling, esthetics, manicuring, or cosmetology, as

regulated under article 105 of this title 12;

(B)  The profession of an electrician, as regulated under article 115 of this title

12;

(C)  Professional engineering, as regulated under article 120 of this title 12;


(D)  Professional land surveying, as regulated under article 120 of this title 12;


(E)  Architecture, as regulated under article 120 of this title 12;


(F)  Landscape architecture, as regulated under article 130 of this title 12;


(G)  Acupuncture, as regulated under article 200 of this title 12;


(H)  Audiology, as regulated under article 210 of this title 12;


(I)  Chiropractic, as regulated under article 215 of this title 12;


(J)  Dentistry, dental therapy, or dental hygiene, as regulated under article

220 of this title 12;

(K)  Direct-entry midwifery, as regulated under article 225 of this title 12;


(L)  Practice as a hearing aid provider or engages in the practice of

dispensing, fitting, or dealing in hearing aids, as regulated under article 230 of this title 12;

(M)  Medicine, practice as a physician assistant, or practice as an

anesthesiologist assistant, as regulated under article 240 of this title 12;

(N)  Practice as a psychologist, social worker, marriage and family therapist,

licensed professional counselor, unlicensed psychotherapist, or addiction counselor, as regulated under article 245 of this title 12;

(O)  Practical or professional nursing or practice as a certified midwife, as

regulated under article 255 of this title 12;

(P)  Nursing home administration, as regulated under article 265 of this title

12;

(Q)  Optometry, as regulated under article 275 of this title 12;


(R)  Pharmacy or as a pharmacy technician, as regulated under article 280 of

this title 12;

(S)  Physical therapy, as regulated under part 1 of article 285 of this title 12;


(T)  Podiatry, as regulated under article 290 of this title 12;


(U)  Practice as a psychiatric technician, as regulated under article 295 of

this title 12;

(V)  Respiratory therapy, as regulated under article 300 of this title 12;


(W)  [Editor's note: This version of subsection (1)(a)(V)(W) is effective until

January 1, 2026.] Veterinary medicine or as a veterinary technician, as regulated under article 315 of this title 12; or

(W)  [Editor's note: This version of subsection (1)(a)(V)(W) is effective January

1, 2026.] Veterinary medicine or as a veterinary technician or veterinary professional associate, as regulated under article 315 of this title 12; or

(X)  Facilitating natural medicine services, as regulated under article 170 of

this title 12.

(b)  A person commits a class 2 misdemeanor and shall be punished as

provided in section 18-1.3-501 if the person engages in any of the following activities:

(I)  Repealed.


(II)  Practices or offers or attempts to practice athletic training without an

active registration issued under article 205 of this title 12;

(III)  Practices or offers or attempts to practice massage therapy without an

active license issued under article 235 of this title 12 or knowingly aids or abets the unlicensed practice of massage therapy;

(IV)  Practices or offers or attempts to practice occupational therapy without

an active license as required by and issued under article 270 of this title 12 for occupational therapists or occupational therapy assistants;

(V)  Practices or offers or attempts to practice speech-language pathology

without an active certification issued under article 305 of this title 12;

(VI)  Performs the duties of a surgical assistant or surgical technologist

without being registered under article 310 of this title 12; or

(VII)  Conducts radon measurement or radon mitigation, claims to be a radon

measurement professional or radon mitigation professional, or uses the title radon measurement professional or radon mitigation professional or any other title suggesting that the individual is qualified to perform radon measurement or radon mitigation without an active license issued under article 165 of this title 12.

(c)  A person who practices or offers or attempts to practice as a

naturopathic doctor without an active registration issued under article 250 of this title 12 commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(d)  A person who violates section 12-285-202 or 12-285-203 without an

active certification issued under part 2 of article 285 of this title 12 to practice as a physical therapist assistant commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

(e)  A person commits a class 6 felony and shall be punished as provided in

section 18-1.3-401 if the person practices or offers or attempts to practice any of the following professions or occupations and intentionally and fraudulently represents oneself as a licensed, certified, or registered professional or practitioner of any of the following:

(I)  Professional engineering, as regulated pursuant to article 120 of this title

12;

(II)  Architecture, as regulated pursuant to article 120 of this title 12;


(III)  Audiology, as regulated pursuant to article 210 of this title 12;


(IV)  Dentistry, as regulated pursuant to article 220 of this title 12;


(V)  Direct-entry midwifery, as regulated pursuant to article 225 of this title

12;

(VI)  Medicine, practice as a physician assistant, or practice as an

anesthesiologist assistant, as regulated pursuant to article 240 of this title 12;

(VII)  Professional nursing or practice as a certified midwife, as regulated

pursuant to article 255 of this title 12;

(VIII)  Nursing home administration, as regulated pursuant to article 265 of

this title 12;

(IX)  Optometry, as regulated pursuant to article 275 of this title 12;


(X)  Pharmacy or as a pharmacy technician, as regulated pursuant to article

280 of this title 12; or

(XI)  Respiratory therapy, as regulated pursuant to article 300 of this title 12.


(2)  The penalties for:


(a)  Engaging in unauthorized activities regarding mortuaries and crematories

are governed by section 12-135-108;

(b)  Violating article 140 of this title 12 concerning nontransplant tissue banks

are governed by section 12-140-108;

(c)  Engaging in unauthorized activities regarding passenger tramways are

governed by section 12-150-108 (4);

(d)  Engaging in unauthorized activities regarding nurse aide practice are

governed by section 12-255-215; and

(e)  Providing, or offering or attempting to provide, outfitting services without

an active registration issued under article 145 of this title 12 are governed by section 33-6-113.

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

753, � 1, effective October 1; (1)(a)(V)(R) amended, (HB 19-1242), ch. 434, p. 3756, � 16, effective October 1. L. 2020: (2)(d) amended, (HB 20-1183), ch. 157, p. 696, � 36, effective July 1; (1)(a)(V)(N) amended, (HB 20-1206), ch. 304, p. 1544, � 43, effective July 14. L. 2021: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII) added, (HB 21-1195), ch. 398, p. 2645, � 4, effective September 7; IP(1)(a) and IP(1)(b) amended, (SB 21-271), ch. 462, p. 3154, � 140, effective March 1, 2022. L. 2022: (1)(e) added, (HB 22-1257), ch. 69, p. 351, � 1, effective April 7; (1)(a)(V)(W) amended, (HB 22-1235), ch. 442, p. 3101, � 4, effective August 10; (1)(b)(I) repealed, (SB 22-212), ch. 421, p. 2968, � 22, effective August 10; (1)(a)(V)(J) amended, (SB 22-219), ch. 381, p. 2723, � 29, effective January 1, 2023. L. 2023: (1)(a)(V)(O), IP(1)(e), and (1)(e)(VII) amended, (SB 23-167), ch. 261, p. 1531, � 24, effective May 25; (1)(a)(V)(V) and (1)(a)(V)(W) amended and (1)(a)(V)(X) added, (SB 23-290), ch. 249, p. 1388, � 17, effective July 1. L. 2024: IP(1)(e) amended, (HB 24-1450), ch. 490, p. 3407, � 18, effective August 7; (1)(a)(IV) amended, (HB 24-1344), ch. 343, p. 2330, � 27, effective July 1, 2025. Initiated 2024: (1)(a)(V)(W) amended, Proposition 129, effective January 1, 2026, see L. 2025, p. 3619. L. 2025: (1)(a)(III) repealed, (2)(c) and (2)(d) amended, and (2)(e) added, (SB 25-174), ch. 310, p. 1615, � 8, effective August 6.

Editor's note: (1)  Subsection (1)(a) is similar to former � 12-23-119 (2);

subsection (1)(b) is similar to former � 12-58.5-104 (2); subsection (1)(c) is similar to former � 12-37.3-113; and subsection (1)(d) is similar to former � 12-41-216, as those sections existed prior to 2019.

(2)  Subsection (1)(a)(V)(W) was changed by Proposition 129, effective January

1, 2026, see L. 2025, p. 3619. The measure was approved on November 5, 2024, and was proclaimed by the Governor on December 17, 2024. The vote count for the measure was as follows:

FOR:  1,572,545


AGAINST:  1,407,814


Cross references: For the legislative declaration in SB 22-219, see section 1

of chapter 381, Session Laws of Colorado 2022.

C.R.S. § 12-220-503

12-220-503. What constitutes practicing unsupervised dental hygiene - rules. (1) Notwithstanding subsection (3) of this section, unless licensed to practice dentistry, an individual is deemed to be practicing unsupervised dental hygiene when the individual, within the scope of the individual's education, training, and experience:

(a)  Removes deposits, accretions, and stains by scaling with hand, ultrasonic,

or other devices from all surfaces of the tooth and smooths and polishes natural and restored tooth surfaces, including root planing;

(b)  Removes granulation and degenerated tissue from the gingival wall of a

periodontal pocket;

(c)  Provides preventive measures including the application of fluorides,

sealants, and other recognized topical agents for the prevention of oral disease;

(d)  Gathers and assembles information, including but not limited to:


(I)  Fact-finding and patient history;


(II)  Provision of study casts or digital scans;


(III)  Extra- and intra-oral inspection;


(IV)  Dental charting and periodontal probing and charting;


(V)  Radiographic and X-ray survey for the purpose of assessing and

diagnosing dental hygiene-related conditions for treatment planning for dental hygiene services as described in this section and identifying dental hard and soft tissue abnormalities for referral to a dentist or appropriate specialist; and

(VI)  Additional screening or screening tests for further investigation of any

oral or systemic health-related concern pertinent to the scope of practice for dental hygiene; and

(e)  Administers a topical anesthetic to a patient in the course of providing

dental care;

(e.5)  Administers local anesthesia in compliance with section 12-220-411 and

rules adopted by the board, including minimum education requirements and procedures for local anesthesia administration;

(f)  Performs dental hygiene assessment, dental hygiene diagnosis, and

dental hygiene treatment planning for hard and soft tissue for dental hygiene services as described in this section and identifies dental abnormalities for referral to a dentist or appropriate specialist; or

(g) (I)  Prescribes, administers, and dispenses fluoride, fluoride varnish, silver

fluorides in accordance with subsection (1)(g)(IV) of this section, antimicrobial solutions for mouth rinsing, nonsystemic antimicrobial agents, and related emergency drugs and reversal agents. The board, by rule, may further define the permissible and appropriate emergency drugs and reversal agents. Dental hygienists shall maintain clear documentation in the patient record of the drug or agent prescribed, administered, or dispensed; the date of the action; and the rationale for prescribing, administering, or dispensing the drug or agent.

(II)  A dental hygienist shall not prescribe, administer, or dispense the

following:

(A)  Repealed.


(B)  Dangerous drugs or controlled substances, as defined in section 18-18-102 (5).


(III)  A dental hygienist may prescribe the following:


(A)  Fluoride supplements;


(B)  Topical anti-caries treatments, including sodium fluoride, stannous

fluoride, silver diamine fluoride, other silver fluorides, hydroxyapatite regeneration medicaments used for repairing cavities, and alternatives for strengthening teeth and preventing and arresting tooth decay. The board may adopt rules that identify safe prescribing alternatives to silver diamine fluoride as a treatment for strengthening teeth and preventing tooth decay.

(C)  Topical anti-infectives, including chlorhexidine gluconate rinse,

periodontal chips, periodontal gels, periodontal powders, and impregnated fibers for periodontal treatment;

(D)  Related emergency drugs and reversal agents as authorized by the

collaborating dentist.

(IV)  A dental hygienist may prescribe and apply silver diamine fluoride and

other silver fluorides upon completion of a postsecondary course or continuing education course developed at the postsecondary level that satisfies the requirements established by the board and provides instructions on the use and limitations of applying silver diamine fluoride. A dental hygienist may complete the course described in this subsection (1)(g)(IV) through:

(A)  A live and interactive course presentation;


(B)  An on-demand webinar with a completion quiz component to verify

participation prior to the issuance of a certificate; or

(C)  Any other format approved by the board.


(V)  A dental hygienist may prescribe, dispense, and administer nonnarcotic

analgesics, anti-inflammatories, and antibiotics within the parameters of a written articulated plan, with the authorization of the supervising dentist, and upon completion of a postsecondary course or continuing education course developed at the postsecondary level that satisfies the requirements established by the board and that provides instruction on the use and limitations of nonnarcotic analgesics, anti-inflammatories, and antibiotics.

(h)  Directs dental assistants to assist in activities that are within the scope of

practice for a dental hygienist under direct supervision of a dental hygienist only; except that dental assistants shall not perform activities disallowed under section 12-220-501 (3)(a).

(2)  A dental hygienist shall state in writing and require a patient to

acknowledge by signature that any diagnosis or assessment is for the purpose of determining necessary dental hygiene services only.

(3)  Unsupervised dental hygiene may be performed by licensed dental

hygienists without the supervision of a licensed dentist.

(4) (a)  Notwithstanding section 12-220-104 (13) or 12-220-305 (1)(b), and

consistent with section 12-220-303, a dental hygienist may be the proprietor of a place where supervised or unsupervised dental hygiene is performed and may purchase, own, or lease equipment, dental materials, and supplies necessary to perform supervised or unsupervised dental hygiene.

(b)  A dental hygienist proprietor, or a professional corporation, limited

liability partnership, or professional limited liability corporation of dental hygienists, in addition to providing dental hygiene services, may enter into an agreement with one or more dentists for the lease or rental of equipment or office space in the same physical location as the dental hygiene practice, but only if the determination of necessary dental services provided by the dentist and professional responsibility for those services, including but not limited to dental records, appropriate medication, and patient payment, remain with the treating dentist. It is the responsibility of the dental hygienist to inform the patient as to whether there is a supervisory relationship between the dentist and the dental hygienist. An agreement under this subsection (4)(b) does not constitute employment and does not constitute cause for discipline pursuant to section 12-220-201 (1)(h).

Source: L. 2020: Entire article amended with relocations, (HB 20-1056), ch.

64, p. 255, � 1, effective September 14. L. 2021: (1)(g)(I) and (1)(g)(III)(B) amended and (1)(g)(IV) added, (SB 21-102), ch. 31, p. 127, � 6, effective September 1. L. 2025: IP(1), (1)(d)(II), (1)(d)(IV), (1)(d)(V), (1)(f), (1)(g)(I), (1)(g)(III)(A), (1)(g)(III)(B), (1)(g)(III)(C), IP(1)(g)(IV), (2), and (4) amended, (1)(d)(VI), (1)(e.5), (1)(g)(V), and (1)(h) added, and (1)(g)(II)(A) repealed, (SB 25-194), ch. 171, p. 705, � 22, effective August 6.

Editor's note: This section is similar to former � 12-220-122 as it existed prior

to 2020.

C.R.S. § 12-255-107

12-255-107. Powers and duties of the board - rules - definition. (1) The board has the following powers and duties:

(a) (I)  To approve, pursuant to rules adopted by the board, educational

programs in this state preparing individuals for licensure under this part 1, including approving curricula, conducting surveys, and establishing standards for the educational programs; to deny approval of or withdraw approval from the educational programs for failure to meet required standards as established by this part 1 or pursuant to rules adopted by the board; and to further establish standards in accordance with this part 1 in the form of rules to determine whether institutions outside this state shall be deemed to have acceptable educational programs and whether graduates of institutions outside this state shall be deemed to be graduates of approved educational programs for the purpose of licensing requirements in this state under this part 1; and to determine by rule when accreditation by a state or voluntary agency may be accepted in lieu of board approval;

(II)  To approve nurse aide training programs in accordance with section 12-255-118.5;


(b) (I) (A)  To examine, license, certify, reactivate, and renew licenses or

certifications of qualified applicants, to grant to the applicants temporary licenses and permits, and to engage in the practice of practical nursing and professional nursing, the practice as a certified midwife, or the practice of a nurse aide, as applicable, in this state within the limitations imposed by this article 255. Licenses and certifications issued pursuant to this article 255 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).

(B)  The director may increase fees to obtain or renew a professional nurse

license, an advanced practice registered nurse authority, or a certified midwife license under this part 1 consistent with section 12-30-105 (4) to fund the division's costs in administering and staffing the nurse-physician advisory task force for Colorado health care created in section 12-30-105 (1).

(C)  Any person whose license or certification has expired is subject to the

penalties provided in this article 255 or section 12-20-202 (1).

(II)  In order to facilitate the licensure and certification of qualified

applicants, the board may, in its discretion, assign licensing and certification functions in accordance with this article 255 to either panel. Any action taken by a quorum of the assigned panel constitutes action by the board.

(c) (I)  To limit the scope of any license, to place a temporary licensee on

probation, or to take disciplinary or other action as specified in section 12-20-404 upon proof that the licensee has committed an act that constitutes grounds for discipline under section 12-255-120 or 12-295-111;

(II)  To suspend, revoke, or deny a certification to practice as a nurse aide or

authority to practice as a medication aide in accordance with section 12-20-404 (1)(d) or issue a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4), upon proof that the person engaged in an act that constitutes grounds for discipline under section 12-255-209;

(d)  To permit the executive officer, during the period between board

meetings and pursuant to board rules, to:

(I)  Administer examinations and competency evaluations to qualified

applicants;

(II)  Issue licenses or certifications by endorsement, examination, or

competency evaluation, as applicable, to qualified applicants;

(III)  Renew licenses or certifications of qualified applicants; and


(IV)  Issue temporary licenses and permits to qualified applicants;


(e)  To adopt and revise rules concerning qualifications needed to practice as

a practical nurse when the practice requires preparation and skill beyond that of a practical nurse pursuant to section 12-255-114;

(f)  To provide by rule for the legal recognition of nurse licensees from other

states and jurisdictions;

(g)  To charge and collect appropriate fees;


(h)  To investigate and conduct hearings upon charges for the discipline of

nurses, certified midwives, and nurse aides in accordance with article 4 of title 24 and section 12-20-403 and to impose disciplinary sanctions as provided in this article 255 and section 12-20-404;

(i)  To cause the prosecution and enjoinder, in accordance with section 12-20-406, of any person violating the provisions of this article 255 and incur necessary

expenses therefor;

(j)  To adopt rules pursuant to section 12-20-204 to carry out the purposes of

this article 255, including rules pertaining to the certification of nurse aides to ensure compliance with federal law and regulation relating to nurse aides;

(k)  To administer the licensing and regulation of psychiatric technicians

pursuant to article 295 of this title 12 and to adopt and revise rules pursuant to section 12-20-204 consistent with the laws of this state as may be necessary:

(I)  To renew, grant, suspend, limit the scope of, and revoke licenses of

psychiatric technicians in accordance with article 295 of this title 12;

(II)  To prescribe standards and approve curricula for educational programs

preparing persons for licensure as psychiatric technicians;

(III)  To provide for surveys of education programs at such times as the board

may deem necessary;

(IV)  To accredit education programs that meet the requirements of the board

and article 295 of this title 12;

(V)  To deny accreditation to or withdraw accreditation from educational

programs for failure to meet prescribed standards;

(VI)  To conduct hearings pursuant to section 12-295-112;


(VII)  To cause the prosecution and enjoinder, in accordance with section 12-20-406, of any person violating the provisions of article 295 of this title 12 and incur

necessary expenses therefor;

(l) (I)  To conduct criminal history record checks on any individual under the

jurisdiction of the board, against whom a complaint has been filed.

(II)  For purposes of this subsection (1)(l), criminal history record check

means a written review of an individual's criminal conviction history.

(m)  To facilitate the licensure of nurses under the Enhanced Nurse

Licensure Compact, part 38 of article 60 of title 24, as follows:

(I)  Appoint a qualified delegate to serve on the interstate commission of

nurse licensure compact administrators;

(II)  Participate in the coordinated licensure information system, as that is

defined in article II c. of section 24-60-3802;

(III)  Require an applicant for licensure under the compact to have his or her

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 is required to 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 interstate commission of nurse licensure compact administrators, or other state licensing boards.

(IV)  Notify the interstate commission of nurse licensure compact

administrators of any adverse action taken by the board; and

(V)  Approve payment of assessments levied by the interstate commission of

nurse licensure compact administrators to cover the cost of the operations and activities of the commission and its staff.

(2)  The board shall appoint advisory committees pursuant to section 12-255-108 of at least three psychiatric technicians to advise the board on matters

pertaining to psychiatric technician testing. The board shall, in its discretion, assign matters referred to the board by the psychiatric technicians advisory committee to a panel for consideration and implementation, if necessary.

(3)  When the board determines that rules are completed and established,

the board shall make copies available at a reasonable cost.

(4)  The board shall, in its discretion, assign matters referred to the board by

the nurse aide advisory committee, created pursuant to section 12-255-207, to a panel for consideration and implementation, if necessary.

(5)  The authority granted the board under the provisions of this article 255

shall not be construed to authorize the board to arbitrate or adjudicate fee disputes between licensees or between a licensee and any other party.

(6)  The board shall maintain a registry of all certified nurse aides and a

record of all final disciplinary action taken against persons under this article 255. The registry shall conform to all requirements of federal law and regulation.

(7)  The board shall not issue a certificate to a former holder of a nurse aide

certificate whose certificate was revoked or surrendered to avoid discipline unless:

(a)  The two-year waiting period specified in section 12-20-404 (3) has passed

since the date of the revocation or surrender; and

(b)  The applicant meets the requirements of this article 255, has

successfully repeated an approved educational program as required by the board, and has repeated and passed a competency evaluation.

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

1323, � 1, effective October 1. L. 2020: (1)(a), (1)(b), (1)(c), (1)(d), (1)(h), (1)(j), and (4) amended and (6) and (7) added with relocations, (HB 20-1183), ch. 157, p. 676, � 6, effective July 1; (1)(b)(I) amended, (HB 20-1216), ch. 190, p. 871, � 12, effective July 1. L. 2023: (1)(b)(I)(A), (1)(b)(I)(B), and (1)(h) amended, (SB 23-167), ch. 261, p. 1511, � 4, effective May 25.

Editor's note: (1)  Subsection (1) is similar to former � 12-38-108 (1);

subsection (2) is similar to former � 12-38-108 (1.1)(a); subsection (3) is similar to former � 12-38-108 (2); subsection (4) is similar to former � 12-38-108 (3); and subsection (5) is similar to former � 12-38-108.5, as those sections existed prior to 2019.

(2)  Subsection (6) is similar to former � 12-260-104 (4), and subsection (7) is

similar to former � 12-260-104 (5)(a), as they existed prior to 2020.

(3)  Amendments to subsection (1)(b) of this section by HB 20-1183 and HB

20-1216 were harmonized.

Cross references: (1)  For provisions concerning the panel referred to in

subsections (1)(b)(II), (2), and (4), see � 12-255-119.

(2)  For the legislative declaration in HB 20-1216, see section 1 of chapter 190,

Session Laws of Colorado 2020.

C.R.S. § 12-255-118.5

12-255-118.5. Approved nurse aide training programs. (1) Except for any medical facility or program that has been explicitly disapproved by the department of public health and environment, the board may approve any nurse aide training program offered by or held in a medical facility or offered and held outside a medical facility. Approval by the board is sufficient to authorize and permit the operation of the training program.

(2)  The curriculum content for nurse aide training must include material that

will provide a basic level of both knowledge and demonstrable skills for each individual completing the program and be presented in a manner that will take into consideration individuals with limited literacy skills. The curriculum content must include needs of populations that may be served by an individual medical facility.

(3)  The curriculum must include the following topics:


(a)  Communication and interpersonal skills;


(b)  Infection control;


(c)  Safety and emergency procedures;


(d)  Promoting residents' and patients' independence;


(e)  Respecting residents' and patients' rights.


(4)  The training program shall be designed to enable participants to develop

and demonstrate competency in the following areas:

(a)  Basic nursing skills;


(b)  Personal care skills;


(c)  Recognition of mental health and social services needs;


(d)  Basic restorative services;


(e)  Resident or patient rights.


(5)  The board or its designee shall inspect and survey each nurse aide

training program it approves during the first year following approval and every two years thereafter. The inspection or survey may be made in conjunction with surveys of medical facilities conducted by the department of public health and environment.

(6)  The board may require a nurse aide training program to include up to

twenty-five percent more hours than the minimum requirements established in the federal Omnibus Budget Reconciliation Act of 1987, as amended, Pub.L. 100-203, 101 Stat. 1330. Any additional training hours shall be within the subject areas required by federal law.

Source: L. 2020: Entire section added with relocations, (HB 20-1183), ch. 157,

p. 681, � 17, effective July 1.

Editor's note: This section is similar to former � 12-260-109 as it existed prior

to 2020.

C.R.S. § 12-280-142

12-280-142. Epinephrine auto-injector affordability program - record keeping - reimbursement - penalty - definitions. (1) As used in this section:

(a)  Consumer price index means the United States department of labor's

bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index.

(b)  Repealed.


(c)  Epinephrine auto-injector means an automatic injection device for

injecting a measured dose of epinephrine based on the weight of the person who is to receive the injection.

(d)  Manufacturer means a person engaged in manufacturing epinephrine

auto-injectors that are available for purchase in this state.

(e)  Pharmacy means a pharmacy outlet registered pursuant to this article

280 where prescriptions are compounded and dispensed.

(f)  Program means the epinephrine auto-injector affordability program

created in subsection (2) of this section.

(g)  Proof of residency means a current and valid document that is in

English, or is translated into English and is unaltered, and that includes the individual's, or in the case of a minor, the minor's parent's or guardian's, printed name and Colorado residential address. Documents that may be used for proof of residency are:

(I)  A Colorado-issued driver's license or Colorado identification card;


(II)  A printed bill, including a utility, telephone, internet, cable, insurance,

mortgage, rent, waste disposal, water or sewer, medical, or other bill;

(III)  A credit card or bank statement;


(IV)  A pay stub or earnings statement;


(V)  A piece of post-marked first-class mail or United States postal service

change of address confirmation;

(VI)  A printed rent receipt or residential lease;


(VII)  A transcript or report card from an accredited school;


(VIII)  A vehicle title or registration;


(IX)  An insurance policy;


(X)  A government-issued letter or state or federal government-issued check;

or

(XI)  A record of medical service from a shelter, treatment facility, or assisted

living facility, including a homeless shelter, women's shelter, other nonprofit shelter, halfway house, nursing home, or rehabilitation facility.

(2)  Effective January 1, 2024, the epinephrine auto-injector affordability

program is created to provide low-cost epinephrine auto-injectors to eligible individuals. By January 1, 2024, each manufacturer shall establish procedures to and shall make epinephrine auto-injectors available in accordance with this section to eligible individuals who hold a valid prescription for epinephrine auto-injectors.

(3)  To be eligible to receive epinephrine auto-injectors through the program,

an individual must:

(a)  Demonstrate proof of residency in Colorado;


(b)  Not be eligible for assistance provided through the Colorado Medical

Assistance Act, articles 4 to 6 of title 25.5, or the federal Health Insurance for the Aged Act, Title XVIII of the federal Social Security Act, 42 U.S.C. sec. 1395 et seq., as amended;

(c)  Have a valid epinephrine auto-injector prescription; and


(d)  Not be enrolled in prescription drug coverage that limits the total amount

of cost sharing that the enrollee is required to pay for a covered prescription to not more than sixty dollars for a two-pack of epinephrine auto-injectors, regardless of the amount or type of epinephrine needed to fill the prescription.

(4) (a)  The board shall develop an epinephrine auto-injector affordability

program application form to be used by an individual who is seeking epinephrine auto-injectors through the program. All manufacturers subject to this section shall participate in the program. The application form must be available to individuals, pharmacies, health-care providers, and health facilities through the board's website and must be accessible through a quick response (QR) code or other machine-readable code. Within a reasonable period of time after the publication of the program website, all manufacturers required to participate in the program shall include a link to the program website on the manufacturer's consumer epinephrine auto-injector program website. At a minimum, the application form must:

(I)  Provide information related to program eligibility and coverage in English,

in Spanish, and in each language spoken by at least two and one-half percent of the population of any county in which such population speaks English less than very well, as defined by the United States bureau of the census American community survey or comparable census data, and speaks a shared minority language at home;

(II)  Require the individual to attest that the individual meets the

requirements of subsection (3) of this section; and

(III)  Include the information required for a pharmacy to successfully submit,

pursuant to subsection (8) of this section, an electronic claim for reimbursement that is made in accordance with the National Council for Prescription Drug Programs' standards for electronic claims processing for the cost to dispense the epinephrine auto-injectors, above any required cost sharing by the individual and adjudicated at the point of sale.

(b)  The board shall supply pharmacies with information about the program to

provide to individuals who are seeking access to the program. The information must contain a quick response (QR) code or other machine-readable code that an individual may use to access the program application and include information on how to submit a program application.

(5)  To access epinephrine auto-injectors through the program, an individual

must present, at a pharmacy, a completed, signed, and dated application form with proof of residency. If the individual is under eighteen years of age, the individual's parent or legal guardian may provide the pharmacist with proof of residency.

(6) (a)  Upon receipt of an individual's proof of residency and completed,

signed, and dated application form demonstrating that the individual is eligible pursuant to subsection (3) of this section, a pharmacist shall dispense the prescribed epinephrine auto-injectors. An individual who is eligible to receive epinephrine auto-injectors through the program may receive epinephrine auto-injectors as prescribed for twelve months.

(b)  The pharmacist is encouraged to inform the individual:


(I)  That the individual may be eligible for medical assistance programs

pursuant to the Colorado Medical Assistance Act, articles 4 to 6 of title 25.5, or an affordable insurance product on the health benefit exchange created in section 10-22-104; and

(II)  Of any manufacturer-sponsored programs that assist individuals who

cannot afford their prescription epinephrine auto-injectors and provide the individual with the information described in subsection (4)(b) of this section about the program.

(c)  The pharmacist shall retain a copy of the application form submitted by

the individual for two years after the date the epinephrine auto-injector was initially dispensed.

(7)  A pharmacy that dispenses epinephrine auto-injectors pursuant to

subsection (6)(a) of this section may collect a copayment from the individual to cover the pharmacy's costs of processing and dispensing the epinephrine auto-injector, which copayment amount must not exceed sixty dollars for each two-pack of epinephrine auto-injectors that the pharmacy dispenses to the individual.

(8) (a)  Except as provided in subsection (8)(c) of this section, unless the

manufacturer agrees to send to the pharmacy a replacement supply of the same number of epinephrine auto-injectors dispensed through the program, the pharmacy may submit to the manufacturer of the dispensed epinephrine auto-injectors, directly or through the manufacturer's delegated representative, subcontractor, or other vendor, an electronic claim for payment that is made in accordance with the National Council for Prescription Drug Programs' standards for electronic claims processing.

(b)  By January 1, 2024, each manufacturer shall develop a process for a

pharmacy to submit an electronic claim for reimbursement, including an accessible online application for reimbursement claims from pharmacies under the program, as provided in subsection (8)(a) of this section.

(c)  If the pharmacy submits an electronic claim to the manufacturer pursuant

to subsection (8)(a) of this section, the manufacturer or the manufacturer's delegated representative, subcontractor, or other vendor shall, within thirty days after receipt of the claim, either:

(I)  Reimburse the pharmacy in an amount that the pharmacy paid for the

number of epinephrine auto-injectors dispensed through the program; or

(II)  Send the pharmacy a replacement supply of epinephrine auto-injectors in

an amount equal to the number of epinephrine auto-injectors dispensed through the program pursuant to subsection (6)(a) of this section.

(9)  The board shall promote the availability of the program to Coloradans.

The promotional material must include information about each manufacturer's consumer epinephrine auto-injector program, as applicable. The board may seek and accept gifts, grants, and donations to fulfill the requirements of this subsection (9).

(10)  A manufacturer's reimbursement pursuant to subsection (8)(c) of this

section is not a kickback.

(11) (a)  A manufacturer that fails to comply with the requirements of this

section:

(I)  Is subject to a fine in an amount and frequency that is equal to the amount

and frequency of the fine permitted under the Colorado Consumer Protection Act, part 1 of article 1 of title 6; and

(II)  Engages in a deceptive trade practice under section 6-1-105 (1)(zzz).


(b)  The attorney general is authorized to enforce this section.


Source: L. 2023: Entire section added, (HB 23-1002), ch. 447, p. 2631, � 3,

effective August 7. L. 2024: (1)(b) repealed and (4), (6)(b)(II), (9), and (11) amended, (HB 24-1438), ch. 351, p. 2396, � 4, effective June 3.

Cross references: For the legislative declaration in HB 23-1002, see section 1

of chapter 447, Session Laws of Colorado 2023.

C.R.S. § 12-295-109

12-295-109. Approved psychiatric technician education program. (1) (a) Any institution within the state of Colorado desiring to conduct an approved preservice psychiatric technician education program may apply to the board and submit evidence that it is prepared to carry out a psychiatric technician curriculum that contains theoretical content and clinical practice to prepare the psychiatric technician student to care for clients with intellectual and developmental disabilities or behavioral or mental health disorders in institutional and community settings.

(b)  Content in a psychiatric technician education program must include but is

not limited to:

(I)  Fundamental nursing principles and skills;


(II)  Growth and developmental and other physical and behavioral skills;


(III)  Intellectual and developmental disabilities theory and rehabilitation

nursing principles and skills if the technician is to be licensed to care for clients with intellectual and developmental disabilities; and

(IV)  Psychopathology and psychiatric nursing principles and skills if the

technician is to be licensed to care for clients with behavioral or mental health disorders.

(2)  A survey of the institution and its entire psychiatric technician education

program shall be made by the executive secretary or other authorized board employee. The survey may be conducted in conjunction with an authorized consultant appointed by the board. The persons making the survey shall submit a written report of the survey to the board. One or more board members may participate in any survey.

(3)  If the requirements of this article 295 for an approved psychiatric

technician education program are met, the board must approve the institution as a psychiatric technician educational program for psychiatric technicians for work with patients with mental health disorders or intellectual and developmental disabilities, and the approval is valid for so long as the institution meets the requirements of this article 295.

(4)  The board shall examine, from time to time, the approved psychiatric

technician education programs of all institutions in the state with approved programs. The executive secretary or other authorized representative of the board shall conduct the examinations and submit the examination results to the board in the form of written reports. If the board determines that an institution with an approved psychiatric technician education program is not maintaining the standards required by this article 295, the board shall serve notice of its determination in writing, specifying the defect, on the institution by certified mail, postage prepaid, return receipt requested. If the institution receiving the notice fails, within one year after mailing of the notice, to correct the conditions complained of in the notice, the board shall revoke the institution's authority to conduct an approved psychiatric technician education program. An institution has the right, at any time before the expiration of one year from the date it receives the notice, to demand and be granted a hearing before the board. In case of a demand, the board shall not take action until after the hearing.

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

1572, � 1, effective October 1; (1)(a), (3), and (4) amended, (SB 19-154), ch. 169, p. 1976, � 15, effective October 1.

Editor's note: (1)  This section is similar to former � 12-42-111 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-154.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-154, chapter 169, Session Laws of Colorado 2019.

C.R.S. § 12-30-204

12-30-204. Establishment of professional review committees - function - rules. (1) A professional review committee may be established pursuant to this section to review and evaluate the competence of, the quality and appropriateness of patient care provided by, or the professional conduct of any person licensed under article 240 of this title 12, any advanced practice registered nurse, or any certified midwife.

(2)  Licensed physicians who are actively engaged in the practice of medicine

in this state must constitute a majority of the voting members of any professional review committee established pursuant to this section for physicians and physician assistants; except that physicians need not constitute the majority of the voting members of a governing board authorized by subsection (5)(i) of this section or an independent third party designated by a governing board under subsection (9)(b) of this section.

(3) (a)  A professional review committee that is reviewing the competence of,

the quality and appropriateness of patient care provided by, or the professional conduct of an advanced practice registered nurse must either:

(I)  Have, as a voting member, at least one advanced practice registered

nurse with a scope of practice similar to that of the person who is the subject of the review; or

(II)  Engage, to perform an independent review as appropriate, an

independent person who is an advanced practice registered nurse with a scope of practice similar to that of the person who is the subject of the review. The person conducting the independent review must be a person who was not previously involved in the review.

(b)  A professional review committee that is reviewing the competence of, the

quality and appropriateness of patient care provided by, or the professional conduct of a certified midwife must either:

(I)  Have, as a voting member, at least one certified midwife or advanced

practice registered nurse with a scope of practice similar to that of the person who is the subject of the review; or

(II)  Engage, to perform an independent review as appropriate, an

independent person who is a certified midwife with a scope of practice similar to that of the person who is the subject of the review. The person conducting the independent review must be a person who was not previously involved in the review.

(3.5)  A professional review committee of a hospital licensed or certified by

the department of public health and environment pursuant to section 25-1.5-103 (1)(a) is encouraged to appoint a consumer to serve as a nonvoting member of the professional review committee, so long as the consumer complies with the hospital's conflict of interest policies, enters into a confidentiality agreement acceptable to the hospital, and enters into a business associate agreement in accordance with the federal Health Insurance Portability and Accountability Act of 1996, Pub.L. 104-191, as amended.

(4)  A quality improvement organization, as defined pursuant to 42 U.S.C. sec.

1320c-1, or any other organization performing similar review services under federal or state law is an approved professional review committee under this part 2.

(5)  A professional review committee established by any of the following

authorized entities is an approved professional review committee under this part 2 if it operates in compliance with written bylaws, policies, or procedures that are in compliance with this part 2 and that have been approved by the authorized entity's governing board and if it is registered with the division in accordance with section 12-30-206:

(a)  The medical staff of a hospital licensed pursuant to part 1 of article 3 of

title 25 or certified pursuant to section 25-1.5-103 (1)(a)(II);

(b)  The medical staff of a hospital-related corporation. For the purposes of

this subsection (5)(b), an entity is a hospital-related corporation if the licensed or certified hospital or holding company of the licensed or certified hospital has ownership or control of the entity.

(c)  A society or association of physicians whose membership includes not

less than one-third of the doctors of medicine or doctors of osteopathy licensed to practice and residing in this state, if the physician whose services are the subject of the review is a member of the society or association;

(d)  A society or association of advanced practice registered nurses whose

members reside in this state, if the advanced practice registered nurse whose services are the subject of the review is a member of the society or association;

(d.5)  A society or association of certified midwives whose members reside in

this state, if the certified midwife whose services are the subject of the review is a member of the society or association;

(e)  A society or association of physicians licensed to practice and residing in

this state and specializing in a specific discipline of medicine, whose society or association has been designated by the medical board as a specialty society or association representative of physicians practicing the specific discipline of medicine, if the physician whose services are the subject of the review is a member of the specialty society or association;

(f)  A society or association of advanced practice registered nurses or

certified midwives whose members practice in a specified nursing or midwifery role and population focus, as defined by the nursing board, which society or association has been designated by the nursing board as the specific nursing or midwifery society or association representative of those advanced practice registered nurses or certified midwives practicing in that nursing or midwifery role and population focus, if the advanced practice registered nurse or certified midwife whose services are the subject of the review is a member of the designated nursing or midwifery society or association;

(g)  An individual practice association or a preferred provider organization

consisting of persons licensed under article 240 of this title 12, of advanced practice registered nurses, or of certified midwives or a medical group that predominantly serves members of a health maintenance organization licensed pursuant to parts 1 and 4 of article 16 of title 10. A professional review committee established pursuant to this subsection (5)(g) has jurisdiction to review persons licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives only if the persons licensed under said article, the advanced practice registered nurses, or the certified midwives are members of the association or organization creating and authorizing that committee; except that the professional review committee may review the care provided to a particular patient referred by a member of the association or organization to another person who is not a member of the association or organization and is licensed under article 240 of this title 12, is an advanced practice registered nurse, or is a certified midwife.

(h)  A corporation authorized pursuant to article 3 of title 10 to insure persons

licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives or any other organization authorized to insure such persons in this state when designated by the medical board or nursing board under subsection (6) of this section;

(i)  The governing board of any authorized entity that has a professional

review committee established pursuant to article 240 of this title 12 or part 1 of article 255 of this title 12;

(j)  Any professional review committee established or created by a

combination or pooling of any authorized entities;

(k) (I)  A nonprofit corporation or association consisting of representatives

from a statewide professional society and a statewide hospital association. The association must consist of persons licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives, as applicable, and hospital administrators and hospital trustees, subject to the following requirements:

(A)  When the subject of the investigation is a person licensed under article

240 of this title 12, a majority of the representatives must be persons licensed under article 240 of this title 12;

(B)  When the subject of the investigation is an advanced practice registered

nurse, at least one of the representatives must be an advanced practice registered nurse; and

(C)  When the subject of the investigation is a certified midwife, at least one

of the representatives must be a certified midwife.

(II)  The association may establish, or contract for, one or more professional

review committees to review the care by hospital staff personnel who are licensed under article 240 of this title 12, are advanced practice registered nurses, or are certified midwives, with priority given to small rural hospital staffs. These professional review services must be available statewide on a fee-for-service basis to licensed or certified hospitals at the joint request of the governing board and the medical, nursing, or certified midwife staff of the hospital or at the sole request of the governing board of the hospital. If a member being reviewed specializes in a generally recognized specialty of medicine, nursing, or midwifery, at least one of the health-care providers on the professional review committee must be a person who is licensed under article 240 of this title 12, is an advanced practice registered nurse, or is a certified midwife and who practices such specialty.

(III)  For purposes of the introductory portion to this subsection (5) and this

subsection (5)(k), the bylaws, policies, or procedures must be in compliance with this part 2 and approved by the nonprofit corporation or association.

(l)  The medical, nursing, or certified midwife staff of an ambulatory surgical

center licensed pursuant to part 1 of article 3 of title 25;

(m)  A professional services entity organized pursuant to section 12-240-138;


(n)  A provider network that is organized pursuant to part 3 of article 18 of

title 6 and includes persons licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives;

(o)  A health system that includes two or more authorized entities with a

common governing board;

(p)  A trust organization established under article 70 of title 11;


(q)  An entity licensed pursuant to parts 1 and 4 of article 16 of title 10;


(r)  An accountable care organization established under the federal Patient

Protection and Affordable Care Act, Pub.L. 111-148, as amended, or other organization with a similar function;

(s)  A hospital licensed pursuant to part 1 of article 3 of title 25 or certified

pursuant to section 25-1.5-103 (1)(a)(II); and

(t)  An ambulatory surgical center licensed pursuant to part 1 of article 3 of

title 25.

(6)  The medical board and the nursing board, with respect to the licensees

subject to their jurisdiction, may establish by rule procedures necessary to authorize other health-care or physician organizations or professional societies as authorized entities that may establish professional review committees.

(7) (a)  A professional review committee acting pursuant to this part 2 may

investigate or cause to be investigated:

(I)  The qualifications and competence of any person licensed under article

240 of this title 12, any advanced practice registered nurse, or any certified midwife who seeks to subject themselves to the authority of any authorized entity; or

(II)  The quality or appropriateness of patient care rendered by, or the

professional conduct of, any person licensed under article 240 of this title 12, any advanced practice registered nurse, or any certified midwife who is subject to the authority of the authorized entity.

(b)  The professional review committee shall conduct the investigation in

conformity with written bylaws, policies, or procedures adopted by the authorized entity's governing board.

(8)  The written bylaws, policies, or procedures of any professional review

committee for persons licensed under article 240 of this title 12, advanced practice registered nurses, or certified midwives must provide for at least the following:

(a) (I)  Except as provided in subsection (8)(a)(II) of this section, if the findings

of any investigation indicate that a person licensed under article 240 of this title 12, an advanced practice registered nurse, or a certified midwife who is the subject of the investigation is lacking in qualifications or competency, has provided substandard or inappropriate patient care, or has exhibited inappropriate professional conduct and the professional review committee takes or recommends an action to adversely affect the person's membership, affiliation, or privileges with the authorized entity, the professional review committee shall hold a hearing to consider the findings and recommendations unless the person waives, in writing, the right to a hearing or is given notice of a hearing and fails to appear.

(II)  If the professional review committee is submitting its findings and

recommendations to another professional review committee for review, only one hearing is necessary prior to any appeal before the governing board.

(b)  A person who has participated in the course of an investigation is

disqualified as a member of the professional review committee that conducts a hearing pursuant to subsection (8)(a) of this section, but the person may participate as a witness in the hearing.

(c)  The authorized entity shall give to the subject of any investigation under

this subsection (8) reasonable notice of the hearing and of any finding or recommendation that would adversely affect the person's membership, affiliation, or privileges with the authorized entity, and the subject of the investigation has a right to be present, to be represented by legal counsel at the hearing, and to offer evidence in the person's own behalf.

(d)  After the hearing, the professional review committee that conducted the

hearing shall make any recommendations it deems necessary to the governing board, unless otherwise provided by federal law or regulation.

(e)  The professional review committee shall give a copy of the

recommendations to the subject of the investigation, who then has the right to appeal to the governing board to which the recommendations are made with regard to any finding or recommendation that would adversely affect his or her membership, affiliation, or privileges with the authorized entity.

(f)  Repealed.


(9) (a)  All governing boards shall adopt written bylaws, policies, or

procedures under which a person who is licensed under article 240 of this title 12, is an advanced practice registered nurse, or is a certified midwife and who is the subject of an adverse recommendation by a professional review committee may appeal to the governing board following a hearing in accordance with subsection (8) of this section. The bylaws, policies, or procedures must provide that the person be given reasonable notice of the person's right to appeal and, unless waived by the person, has the right to appear before the governing board, to be represented by legal counsel, and to offer the argument on the record that the person deems appropriate.

(b)  The bylaws may provide that a committee of not fewer than three

members of the governing board may hear the appeal. Also, the bylaws may allow for an appeal to be heard by an independent third party designated by a governing board under this subsection (9)(b).

(10)  All governing boards that are required to report their final actions to the

medical board or the nursing board, as appropriate, are not otherwise relieved of their obligations by virtue of this part 2.

(11) (a)  Except as specified in subsection (11)(b) of this section, the records of

an authorized entity, its professional review committee, and its governing board are not subject to subpoena or discovery and are not admissible in any civil suit.

(b)  Subject to subsection (14) of this section, the records are subject to

subpoena and available for use:

(I)  By either party in an appeal or de novo proceeding brought pursuant to

this part 2;

(II)  By a person licensed under article 240 of this title 12, an advanced

practice registered nurse, or a certified midwife in a suit seeking judicial review of an action by the governing board;

(III)  By the department of public health and environment in accordance with

its authority to issue or continue a health facility license or certification for an authorized entity;

(IV)  By CMS in accordance with its authority over federal health-care

program participation by an authorized entity;

(V)  By an authorized entity or governing board seeking judicial review;


(VI)  By the medical board within the scope of its authority over licensed

physicians and physician assistants; and

(VII)  By the nursing board within the scope of its authority over advanced

practice registered nurses and certified midwives.

(12) (a)  Except as provided in subsection (12)(b) of this section, the records of

an authorized entity or its professional review committee may be disclosed to:

(I)  The medical board, as requested by the medical board acting within the

scope of its authority or as required or appropriate under this part 2 or article 240 of this title 12;

(II)  The nursing board, as requested by the nursing board acting within the

scope of its authority or as required or appropriate under this part 2 or part 1 of article 255 of this title 12;

(III)  The department of public health and environment acting within the

scope of its health facility licensing authority or as the agent of CMS;

(IV)  CMS, in connection with the survey and certification processes for

federal health-care program participation by an authorized entity; and

(V)  The Joint Commission or other entity granted deeming authority by CMS,

in connection with a survey or review for accreditation.

(b)  The medical board, nursing board, and department of public health and

environment shall not make further disclosures of any records disclosed by an authorized entity or its professional review committee under this section.

(13)  The records of an authorized entity or its professional review committee

or governing board may be shared by and among authorized entities and their professional review committees and governing boards concerning the competence of, professional conduct of, or the quality and appropriateness of patient care provided by, a health-care provider who seeks to subject himself or herself to, or is currently subject to, the authority of the authorized entity.

(14)  Responding to a subpoena or disclosing or sharing of otherwise

privileged records and information pursuant to subsection (11), (12), or (13) of this section does not constitute a waiver of the privilege specified in subsection (11)(a) of this section or a violation of the confidentiality requirements of subsection (16) of this section. Records provided to any governmental agency, including the department of public health and environment, the medical board, and the nursing board pursuant to subsection (11) or (12) of this section are not public records subject to the Colorado Open Records Act, part 2 of article 72 of title 24. A person providing the records to an authorized entity or its professional review committee or governing board, the department of public health and environment, the medical board, the nursing board, CMS, the Joint Commission, or other governmental agency is entitled to the same immunity from liability as provided under section 12-30-207 for the disclosure of the records.

(15)  Investigations, examinations, hearings, meetings, and other proceedings

of a professional review committee or governing board conducted pursuant to this part 2 are exempt from any law requiring that proceedings be conducted publicly or that the records, including any minutes, be open to public inspection.

(16)  Except as otherwise provided in subsection (11), (12), or (13) of this

section, all proceedings, recommendations, records, and reports involving professional review committees or governing boards are confidential.

(17)  A professional review committee or governing board that is constituted

and conducts its reviews and activities in accordance with this part 2 is not an unlawful conspiracy in violation of section 6-4-104 or 6-4-105.

(18) (a)  Original source documents are not protected from subpoena,

discovery, or use in any civil action merely because they were considered by or presented to a professional review committee. Original source documents are subject to subpoena or discovery only from the original sources and are protected from subpoena or discovery from the professional review files of a professional review committee of an authorized entity except as provided below:

(I)  Upon subpoena or request for discovery for original source documents, an

authorized entity shall provide a log of all original source documents contained in the authorized entity's professional review files including the source and nature of each original source document.

(II)  The individual patient in interest in a civil action by such person, next

friend, or legal representative may subpoena or seek discovery of any original source document identified on the authorized entity's professional review committee log only if the original source document was not produced in response to a prior subpoena or discovery request to the original source.

(b)  This subsection (18) does not relieve any party of their obligation under

the Colorado rules of civil procedure.

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

780, � 1, effective October 1; (3.5) and (18) added and (8)(f) repealed, (SB 19-234), ch. 181, p. 2054, � 8, effective October 1. L. 2020: (5)(i) and (12)(a)(II) amended, (HB 20-1183), ch. 157, p. 698, � 44, effective July 1. L. 2023: (1), (3), (5)(d), (5)(f), (5)(g), (5)(h), (5)(k), (5)(l), (5)(n), (7)(a), IP(8), (8)(a)(I), (9)(a), (11)(b)(II), and (11)(b)(VII) amended and (5)(d.5) added, (SB 23-167), ch. 261, p. 1535, � 35, effective May 25.

Editor's note: (1)  This section is similar to former � 12-36.5-104 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-234.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from August 2, 2019, to October 1, 2019, see SB 19-234, chapter 181, Session Laws of Colorado 2019.

C.R.S. § 13-20-1301

13-20-1301. Actions for tracking a person without consent - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Actor means a person who tracks another person through the use of a

tracking application or tracking device.

(b)  Tracking application means any software program that permits an actor

to remotely determine or track the position or movement of another person or another person's property.

(c)  Tracking device means an electronic or mechanical device that permits

an actor to remotely determine or track the position or movement of another person or another person's personal property.

(2) (a)  A person who was tracked by means of a tracking device or tracking

application may bring a claim for damages, including noneconomic loss or injury, against the actor who installed a tracking device on the person's personal property without the person's consent or who caused a tracking device or tracking application to track the position or movement of the person or person's personal property without the person's consent. An actor is liable to the extent the actor's conduct was the proximate cause of the harm caused by the tracking device or tracking application.

(b)  A person who has given consent for an actor to install a tracking device

or tracking application on the consenting person's personal property may revoke the consent at any time and may bring a claim pursuant to this section for tracking that occurred after the person revoked consent.

(3)  Notwithstanding subsection (2) of this section, a person shall not bring a

claim against a law enforcement agency or peace officer for actions taken as part of a criminal investigation; a peace officer acting within the scope of the peace officer's official duties; a public highway authority, created pursuant to part 5 of article 4 of title 43, acting within the scope of its authority to collect tolls; the high performance transportation enterprise created in section 43-4-806 acting within the scope of its authority to collect tolls and enforce toll and safety violations; or a parent or legal guardian of a minor child for tracking the minor child.

Source: L. 2024: Entire part added, (SB 24-011), ch. 402, p. 2767, � 4,

effective August 7.

DAMAGES AND LIMITATIONS ON ACTIONS

ARTICLE 21

Damages

Law reviews: For article, 1988 Update on Colorado Tort Reform Legislation -- Part II, see 17 Colo. Law. 1949 (1988); for article, Duty of Property Owners and

Operators to Protect Patrons from Crime, see 17 Colo. Law. 2143 (1988); for a discussion of Tenth Circuit decisions dealing with torts, see 67 Den. U. L. Rev. 779 (1990); for article, A Survey of the Law of Colorado Nonprofit Entities, see 27 Colo. Law. 5 (April 1998).

PART 1

GENERAL PROVISIONS

Editor's note: Colorado recognizes wrongful birth claims but not wrongful

life claims. For discussion of such claims, see Lininger v. Eisenbaum, 764 P.2d 1202 (Colo. 1988) and Empire Cas. v. St. Paul Fire and Marine, 764 P.2d 1191 (Colo. 1988).

Cross references: For damages recoverable for failure to comply with

excavation requirements, see � 9-1.5-104.5; for the admissibility of evidence of failure to wear a safety belt system to mitigate damages resulting from a motor vehicle accident, see � 42-4-237 (7).

Law reviews: For article, Using Mental Health Professionals to Maximize

Damages in Personal Injury Cases, see 15 Colo. Law. 2009 (1986); for article, 1986 Colorado Tort Reform Legislation, see 15 Colo. Law. 1363 (1986); for article, Introduction to the Tort Reform Symposium: Some Cautioning Implications of Legislative Tort Reform, see 64 Den. U. L. Rev. 613 (1988); for article, The Assault on Injured Victims' Rights, see 64 Den. U. L. Rev. 625 (1988); for article, The Insurance 'Crisis': Reality or Myth? A Plaintiffs' Lawyer's Perspective, see 64 Den. U. L. Rev. 641 (1988); for article, Constitutional Challenges to Tort Reform: Equal Protection and State Constitutions, see 64 Den. U. L. Rev. 719 (1988); for article, The Failed Tubal Ligation: Bringing a Wrongful Birth Case to Trial, see 17 Colo. Law. 849 (1988); for article, Limiting Lender Liability through the Statute of Frauds, see 18 Colo. Law. 1725 (1989); for comment, Stemming the Tide of Lender Liability: Judicial and Legislative Reactions, see 67 Den. U. L. Rev. 453 (1990); for comment, Comprehensive General Liability Insurance Coverage for CERCLA Liabilities: A Recommendation for Judicial Adherence to State Canons of Insurance Contract Construction, see 61 U. Colo. L. Rev. 407 (1990); for article, A Federal Genie from a State Bottle: � 1983 in the Colorado State Courts, see 19 Colo. Law. 617 (1990); for article, 1990 Update on Colorado Tort Reform Legislation, see 19 Colo. Law. 1529 (1990).

C.R.S. § 13-20-403

13-20-403. Restrictions on electroconvulsive treatment - rights of minors.

(1)  (Deleted by amendment, L. 2024).


(2)  Electroconvulsive treatment may be performed on a minor who is sixteen

years of age or older but under eighteen years of age only if two individuals licensed to practice medicine in Colorado and specializing in psychiatry approve the treatment, and the minor's parent, legal custodian, or legal guardian consents to the treatment.

(3)  Electroconvulsive treatment may be performed on a minor who is fifteen

years of age or younger only if:

(a)  Two individuals licensed to practice medicine in Colorado and specializing

in psychiatry approve the electroconvulsive treatment. One of the individuals must also specialize in child and adolescent psychiatry.

(b)  Other less-invasive treatments have failed;


(c)  (Deleted by amendment, L. 2025).


(d)  Electroconvulsive treatment is performed by at least one physician, or

the physician's designee, who is trained and credentialed in electroconvulsive treatment; and

(e)  The minor's parent, legal custodian, or legal guardian consents to

electroconvulsive treatment.

(4)  Electroconvulsive treatment may be performed on an individual who is

eighteen years of age or older only in cases when two or more individuals licensed to practice medicine and specializing in psychiatry determine that electroconvulsive treatment is the most preferred form of treatment.

Source: L. 79: Entire part R&RE, p. 612, � 1, effective July 1. L. 2024: Entire

section amended, (HB 24-1471), ch. 360, p. 2443, � 1, effective June 3. L. 2025: (2) and (3) amended, (HB 25-1070), ch. 47, p. 214, � 1, effective March 31.

Editor's note: Subsection (4) was numbered as (3) in HB 24-1471 but has

been renumbered on revision for ease of location.

PART 5

ACTIONS AGAINST ARCHITECTS, ENGINEERS, AND LAND SURVEYORS

C.R.S. § 13-21-108.3

13-21-108.3. Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability. (1) An architect licensed pursuant to part 4 of article 120 of title 12, a building code official, a professional engineer licensed pursuant to part 2 of article 120 of title 12, or a professional land surveyor licensed pursuant to part 3 of article 120 of title 12 who voluntarily and without compensation provides architectural, damage assessment, engineering, or surveying services, respectively, at the scene of an emergency shall not be liable for any personal injury, wrongful death, property damage, or other loss caused by an act or omission of the architect, building code official, engineer, or surveyor in performing such services.

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


(a)  Building code official means an individual maintaining a building

inspector, building code official, or certified building official certification in good standing by the international code council or similar association of building code officials.

(b)  Emergency means a disaster emergency declared by executive order or

proclamation of the governor pursuant to section 24-33.5-704 (4), C.R.S.

(3)  The immunity provided in subsection (1) of this section applies only to an

architectural, damage assessment, or engineering service that:

(a)  Concerns an identified building, structure, or other architectural or

engineering system, whether publicly or privately owned;

(b)  Relates to the structural integrity of the building, structure, or system or

to a nonstructural element thereof affecting life safety; and

(c)  Is rendered during the time in which a state of disaster emergency exists,

as provided in section 24-33.5-704 (4), C.R.S.

(4)  Nothing in this section shall provide immunity for gross negligence or

willful misconduct.

(5)  Nothing in this section shall be construed to abrogate any provision of

the Colorado Governmental Immunity Act, provided in article 10 of title 24, C.R.S.

Source: L. 98: Entire section added, p. 236, � 1, effective July 1. L. 2006: (1)

amended, p. 762, � 20, effective July 1. L. 2009: Entire section amended, (HB 09-1080), ch. 37, p. 149, � 1, effective March 20. L. 2013: (2)(b) and (3)(c) amended, (HB 13-1300), ch. 316, p. 1674, � 32, effective August 7. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1663, � 68, effective October 1.

C.R.S. § 13-21-1507

13-21-1507. Rules. The attorney general may adopt rules as necessary for the purpose of implementing this part 15.

Source: L. 2025: Entire part added, (SB 25-288), ch. 339, p. 1825, � 1,

effective August 6.

CONTRACTS AND AGREEMENTS

ARTICLE 22

Age of Competence - Arbitration

• Mediation

  Cross references: For capacity of a minor, fifteen years of age or older, to consent to receive mental health services from a physician or hospital, see � 27-65-103; for rights of minors with respect to the purchase of insurance, see � 10-4-104.

  Law reviews: For survey, Quality of Dispute Resolution Symposium Issue, see 66 Den. U.L. Rev. 335 (1989); for article, New Rules on ADR: Professional Ethics, Shotguns and Fish, see 21 Colo. Law. 1877 (1992); for article, Compendium of Colorado ADR Provisions -- Part I, see 23 Colo. Law. 1515 (1994); for article, Compendium of Colorado ADR Provisions -- Part II, see 23 Colo. Law. 2101 (1994); for article, Mediation/Arbitration: An ADR Tool, see 24 Colo. Law. 553 (1995); for article, Hidden in Plain Sight: The Office of Administrative Courts' ADR Program, see 43 Colo. Law. 31 (Jan. 2014); for article, Discovery to Nonparties in Colorado Arbitrations, see 45 Colo. Law. 25 (April 2016).

PART 1

AGE OF COMPETENCE - TRANSPLANT AND TRANSFUSION LIMITATION

Law reviews: For article, Consent to Treatment and Access to Minors'

Medical Records, see 17 Colo. Law. 1323 (1988).

C.R.S. § 13-22-107

13-22-107. Legislative declaration - definitions - children - waiver by parent of prospective negligence claims. (1) (a) The general assembly hereby finds, determines, and declares it is the public policy of this state that:

(I)  Children of this state should have the maximum opportunity to participate

in sporting, recreational, educational, and other activities where certain risks may exist;

(II)  Public, private, and non-profit entities providing these essential activities

to children in Colorado need a measure of protection against lawsuits, and without the measure of protection these entities may be unwilling or unable to provide the activities;

(III)  Parents have a fundamental right and responsibility to make decisions

concerning the care, custody, and control of their children. The law has long presumed that parents act in the best interest of their children.

(IV)  Parents make conscious choices every day on behalf of their children

concerning the risks and benefits of participation in activities that may involve risk;

(V)  These are proper parental choices on behalf of children that should not

be ignored. So long as the decision is voluntary and informed, the decision should be given the same dignity as decisions regarding schooling, medical treatment, and religious education; and

(VI)  It is the intent of the general assembly to encourage the affordability

and availability of youth activities in this state by permitting a parent of a child to release a prospective negligence claim of the child against certain persons and entities involved in providing the opportunity to participate in the activities.

(b)  The general assembly further declares that the Colorado supreme court's

holding in case number 00SC885, 48 P.3d 1229 (Colo. 2002), has not been adopted by the general assembly and does not reflect the intent of the general assembly or the public policy of this state.

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


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


(b)  For purposes of this section only, parent means a parent, as defined in

section 19-1-103; a person who has guardianship of the person, as defined in section 19-1-103; a person who has legal custody, as defined in section 19-1-103; a legal representative, as defined in section 19-1-103; a physical custodian, as defined in section 19-2.5-102; or a responsible person, as defined in section 19-1-103.

(3)  A parent of a child may, on behalf of the child, release or waive the child's

prospective claim for negligence.

(4)  Nothing in this section shall be construed to permit a parent acting on

behalf of his or her child to waive the child's prospective claim against a person or entity for a willful and wanton act or omission, a reckless act or omission, or a grossly negligent act or omission.

Source: L. 2003: Entire section added, p. 1721, � 1, effective May 14. L. 2021:

(2)(b) amended, (SB 21-059), ch. 136, p. 711, � 15, effective October 1.

PART 2

UNIFORM ARBITRATION ACT

Editor's note: This part 2 was added in 1975. This part 2 was repealed and

reenacted in 2004, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 2 prior to 2004, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated.

Cross references: For the employment of the procedures in this part 2 to

disputes arising under written agreements between employers and employees, see � 8-1-123.

Law reviews: For article, Enforcement of Arbitration Awards in Colorado,

see 14 Colo. Law. 535 (1985); for article, New Avenues for the Domestic Relations Practitioner, see 14 Colo. Law. 998 (1985); for article, Avoiding Arbitration in Complex Construction Litigation, see 15 Colo. Law. 1808 (1986); for a discussion of Tenth Circuit decisions dealing with arbitration, see 66 Den. U.L. Rev. 675 (1989); for numerous articles dealing with alternative dispute resolution (ADR), see 18 Colo. Law. 828-928 (1989); for articles The Power of Arbitrators and Courts to Order Discovery in Arbitration parts I and II, see 25 Colo. Law. 55 (Feb. 1996) and 25 Colo. Law. 35 (Mar. 1996); for article, Alternative Dispute Resolution in Colorado, see 28 Colo. Law. 67 (Sept. 1999); for article, Colorado's Revised Uniform Arbitration Act, see 33 Colo. Law. 11 (Sept. 2004); for article, A Three-Year Survey of Colorado Appellate Decisions on Arbitration Part I, see 34 Colo. Law. 41 (Feb. 2005); for article, A Three-Year Survey of Colorado Appellate Decisions on Arbitration Part II, see 34 Colo. Law. 47 (Mar. 2005); for article, Arbitrator and Mediator Disclosure Obligations in Colorado, see 34 Colo. Law. 53 (Sept. 2005); for article, The State of the Intertwining Doctrine in Colorado, see 36 Colo. Law. 15 (Jan. 2007); for article, Demise of the Intertwining Doctrine in Colorado, see 37 Colo. Law. 21 (Jan. 2008); for article, Arbitration Clauses, see 43 Colo. Law. 59 (Aug. 2014); for article, Application of the Federal Arbitration Act in State Court Proceedings, see 43 Colo. Law. 33 (Dec. 2014); for article, Construction Defect Municipal Ordinances: The Balkanization of Tort and Contract Law (Part 3), see 46 Colo. Law. 27 (Apr. 2017); for article, When is an Arbitration not an Arbitration?, see 46 Colo. Law. 29 (Oct. 2017); for article, Effective Advocacy in Arbitration, see 47 Colo. Law. 26 (Apr. 2018); for article, International Arbitration: Resolving Collateral Colorado Business Disputes, see 48 Colo. Law. 20 (July 2019); for article, SCOTUS Decision Applies FAA to Empower Businesses and Arbitrators, see 48 Colo. Law. 30 (Aug.-Sept. 2019); for article, Civil Interlocutory Appeals in Colorado State Courts, 49 Colo. Law. 38 (Oct. 2020); for article, Claim and Issue Preclusion Arising from Residential Construction and Other Arbitrations -- Part 1, see 51 Colo. Law. 18 (Feb. 2022); for article, Receiverships and Arbitrations, see 51 Colo. Law. 18 (Oct. 2022); for article, Making Up Your Own Rules for Resolving Residential Construction Defect Disputes, see 52 Colo. Law. 36 (May 2023).

C.R.S. § 13-3-102

13-3-102. Surveys - conferences - reports. (1) The state court administrator under the direction of the chief justice shall make a continuous survey of the conditions of the dockets and the business of the courts of record and shall make reports and recommendations thereon to the chief justice.

(2)  The chief justice shall assemble the judges of the courts of record at

least once yearly to discuss such recommendations and such other business as will benefit the judiciary and the expedition of the business of the several courts. When so summoned, the judges of the courts of record shall attend such conferences at the expense of the state of Colorado. Each judge shall file a verified itemized statement of the mileage and all moneys actually paid out for personal maintenance expenses in attending such conferences with the court administrator, who shall audit the same and submit it to the state controller. The state controller shall draw a warrant therefor, which warrant shall be paid by the state treasurer out of the appropriate fund. Unless excused by illness, such judges are required to attend the conferences unless excused by the chief justice.

(3)  Repealed.


Source: L. 53: p. 236, � 2. CRS 53: � 37-10-2. L. 59: p. 357, � 1. C.R.S. 1963: �

37-11-2. L. 67: p. 453, � 6. L. 97: (3) repealed, p. 1482, � 37, effective June 3.

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. § 13-5-201

13-5-201. District court magistrates. (1) District court magistrates may be appointed, subject to available appropriations, pursuant to section 13-3-105, if approved by the chief justice of the supreme court.

(2)  A district court magistrate shall be a qualified attorney-at-law admitted

to practice in this state and in good standing. Nothing in this part 2 shall affect the qualifications of water referees appointed pursuant to section 37-92-203 (6), C.R.S.

(2.5)  District court magistrates shall have the power to solemnize marriages

pursuant to the procedures in section 14-2-109, C.R.S.

(3)  District court magistrates may hear such matters as are determined by

rule of the supreme court, subject to the provision that no magistrate may preside in any trial by jury.

(3.5)  District court magistrates shall have the power to preside over matters

specified in section 13-17.5-105.

(4)  For purposes of this part 2, the Denver probate court shall be regarded as

a district court.

Source: L. 83: Entire part added, p. 600, � 1, effective May 20. L. 89: (2.5)

added, p. 781, � 2, effective April 4. L. 91: Entire section amended, p. 354, � 2, effective April 9. L. 93: (2) amended, p. 1774, � 30, effective June 6. L. 95: (3.5) added, p. 480, � 2, effective July 1.

Cross references: For magistrates in the small claims division of county

courts, see � 13-6-405; for magistrates in county courts, see part 5 of article 6 of this title.

PART 3

FAMILY LAW MAGISTRATES

13-5-301 to 13-5-305. (Repealed)


Source: L. 2004: Entire part repealed, p. 224, � 1, effective July 1.


Editor's note: This part 3 was added in 1985. For amendments to this part 3

prior to its repeal in 2004, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 5.3

Commission on Judicial Discipline

13-5.3-101.  Definitions. As used in this article 5.3, unless the context

otherwise requires:

(1)  Attorney means a person admitted to practice law before the courts of

this state.

(2)  Code means the Colorado code of judicial conduct.


(3)  Commission means the commission on judicial discipline, established

pursuant to section 23 (3) of article VI of the Colorado constitution.

(4)  Commissioner means an appointed member of the commission on

judicial discipline or a special member appointed pursuant to section 23 (3)(a) of article VI of the Colorado constitution.

(5)  Complaint means information in any form from any source that alleges

or from which a reasonable inference can be drawn that a judge committed misconduct or is incapacitated.

(6)  Department means the Colorado state judicial department and all its

subparts, such as the office of the state court administrator; the office of the chief justice of the supreme court; the judicial districts and their administrations, including chief judges and district administrators; the human resources department; and other administrative subparts.

(7)  Executive director means the executive director of the office of judicial

discipline appointed pursuant to section 13-5.3-103.

(8)  Fund means the commission on judicial discipline special cash fund,

created in section 13-5.3-104.

(9) (a)  Judge means any justice or judge of any court of record of this state

serving on a full-time, part-time, or senior basis.

(b)  Judge also includes any justice or judge who has retired within the

jurisdictional limits for disciplinary proceedings established by this article 5.3, the commission, or the Colorado supreme court.

(c)  Judge does not include municipal judges or magistrates, administrative

law judges, or Denver county court judges, who are subject to different disciplinary authorities.

(9.5)  Judicial discipline adjudicative board means the judicial discipline

adjudicative board created pursuant to section 23 (3) of article VI of the Colorado constitution to conduct formal judicial disciplinary proceedings.

(10)  Justice means a justice serving on the supreme court of Colorado on

either a full-time or senior basis.

(11)  Misconduct means conduct by a judge that may reasonably constitute

grounds for discipline under the code, the Colorado rules of judicial discipline, or section 23 (3) of article VI of the Colorado constitution.

(12)  Office means the office of judicial discipline established in section 13-5.3-103.


(13)  Office of the state court administrator means the office created

pursuant to section 13-3-101 (1).

(13.5)  Panel means a three-member panel of the judicial discipline

adjudicative board consisting of one judge, one attorney licensed to practice in Colorado, and one citizen, convened pursuant to section 23 (3) of article VI of the Colorado constitution upon an order of a formal hearing or to hear an appeal of an order of informal remedial action.

(14)  Rules means the Colorado rules of judicial discipline.


(15)  Supreme court means the supreme court of the state of Colorado

established pursuant to article VI of the Colorado constitution.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1345, � 2,

effective May 20. L. 2023: (9.5) and (13.5) added, (HB 23-1019), ch. 366, p. 2198, � 1, effective December 17, 2024 (see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023,

provides that subsections (9.5) and (13.5) are effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:

FOR:  2,150,820


AGAINST:  793,642


Cross references: For the legislative declaration in SB 22-201, see section 1

of chapter 201, Session Laws of Colorado 2022.

13-5.3-102.  Commission on judicial discipline - powers and duties. (1)

Pursuant to section 23 (3) of article VI of the Colorado constitution, the Colorado commission on judicial discipline is established as an independent commission housed within the department.

(2) (a)  Members of the commission are appointed and serve pursuant to

section 23 (3)(a) and (3)(b) of article VI of the Colorado constitution.

(b) (I)  The supreme court shall select the members of the commission who

are judges of the district courts and judges of county courts from among the nominee pools created by the state court administrator pursuant to subsection (2)(b)(II) of this section; except that when making its selections, the supreme court shall ensure that the commission does not include more than one district judge from any one judicial district and not more than one county judge from any one county.

(II) (A)  Upon a vacancy of a district judge member of the commission, the

state court administrator shall create a district judge nominee pool that consists of ten district judges randomly selected by the state court administrator, or the administrator's designee, from among all district judges of the state not currently a member of the commission.

(B)  Upon a vacancy of a county judge member of the commission, the state

court administrator shall create a county judge nominee pool that consists of ten county judges randomly selected by the state court administrator, or the administrator's designee, from among all county judges of the state not currently a member of the commission.

(C)  When creating the nominee pool, the state court administrator or the

administrator's designee shall only include judges who do not have a current disciplinary investigation or proceeding pending before the commission or judicial discipline adjudicative board; have not received a disciplinary sanction from the commission, judicial discipline adjudicative board, or supreme court; and are not otherwise required by law, court rule, or judicial canon to recuse themselves from the commission. The random selection of judges to a nominee pool is a purely administrative function.

(3)  The commission shall:


(a)  Investigate and resolve requests for evaluation of potential judicial

misconduct in accordance with the Colorado constitution, the rules, and this article 5.3;

(b)  Appoint an executive director of the office of judicial discipline;


(c)  Establish positions, roles, and minimum starting salaries for employees of

the office;

(d)  Hire employees of the office who serve at the pleasure of the

commission. Employees of the office may include clerical assistants; attorneys who serve as special counsel; and investigators.

(e)  Employ attorneys or appoint outside special counsel pursuant to sections

24-31-101 (1)(g) and 24-31-111 who serve at the pleasure of the commission; assign duties to special counsel at the discretion of the commission, which may include serving as representatives of the people of the state of Colorado in formal proceedings; and determine the compensation of special counsel; and

(f)  Approve a budget for the commission and the office and assist the

executive director in managing the office and providing fiscal oversight of the office's operating budget.

(4)  Commissioners are immune from suit in any action, civil or criminal, based

upon official acts performed in good faith as commissioners consistent with the Colorado Governmental Immunity Act, article 10 of title 24.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1347, � 2,

effective May 20. L. 2023: (2) amended, (HB 23-1019), ch. 366, p. 2198, � 2, effective December 17, 2024 (see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023,

provides that amendments to subsection (2) are effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:

FOR:  2,150,820


AGAINST:  793,642


Cross references: For the legislative declaration in SB 22-201, see section 1

of chapter 201, Session Laws of Colorado 2022.

13-5.3-103.  Office of judicial discipline - created - executive director -

duties - oversight. (1) (a) The office of judicial discipline is established as an independent office housed within the department. The commission shall oversee the office.

(b)  Subject to the commission's supervision, the office shall:


(I)  Staff and support the commission's operations. The initial staffing

includes the executive director, a full-time administrative support person, an attorney, and an investigator.

(II)  Receive requests for evaluation involving justices and judges;


(III)  Conduct public education efforts concerning the judicial discipline

process and the recommendations made by the commission;

(IV)  Engage in and provide educational background to the public, the

department, judicial nominating commissions, and judicial performance commissions regarding the requirements of the code and the commission; and

(V)  Complete any other duties as assigned by the commission.


(2) (a)  The commission shall appoint an executive director of the office. The

executive director:

(I)  Shall be admitted to practice law in the courts of this state and have

practiced law in this state for at least ten years;

(II)  Shall not be involved in the private practice of law while serving as the

executive director; and

(III)  Shall not appear as an attorney before the commission for a period of

five years following service as the executive director.

(b)  The executive director serves at the pleasure of the commission. The

executive director's compensation is the same as the compensation the general assembly establishes for district court judges. The executive director shall hire additional staff for the office as necessary and as approved by the commission.

(c)  The executive director has the following duties:


(I)  Establish and maintain a permanent office;


(II)  Respond to inquiries about the commission or the code;


(III)  Advise the commission on the application and interpretation of the code

and the rules;

(IV)  Process requests for evaluation of judicial conduct;


(V)  Conduct or supervise evaluations and investigations as directed by the

commission;

(VI)  Advise the commission as to potential dispositional recommendations as

may be requested by the commission;

(VII)  Maintain commission records;


(VIII)  Maintain statistics concerning the operation of the commission and

make them available to the commission;

(IX)  Prepare the commission's budget and, once approved by the

commission, submit it to the joint budget committee of the general assembly;

(X)  Administer commission money and resources, including money in the

commission on judicial discipline special cash fund;

(XI)  Supervise commission staff;


(XII)  Notify the appropriate appointing authority of vacancies on the

commission;

(XIII)  Assist the commission in preparing an annual report of the

commission's activities for presentation to the commission, the supreme court, and the public;

(XIV)  Supervise special counsel, investigators, other experts, or personnel as

directed by the commission, as they investigate and process matters before the commission and before the supreme court; and

(XV)  Perform such other duties as required by the rules, this article 5.3, the

rules promulgated by the commission, or the commission.

(3)  The department shall provide the commission and the office with office

space in the Ralph L. Carr Colorado judicial center.

(4)  Repealed.


Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1347, � 2,

effective May 20. L. 2023: (3) amended and (4) added, (SB 23-228), ch. 96, p. 361, � 2, effective April 20.

Editor's note: Subsection (4)(b) provided for the repeal of subsection (4),

effective July 1, 2024. (See L. 2023, p. 361.)

Cross references: For the legislative declaration in SB 22-201, see section 1

of chapter 201, Session Laws of Colorado 2022.

13-5.3-104.  Commission on judicial discipline special cash fund -

acceptance of federal funds - general appropriations. (1) The commission is authorized to accept any federal funds made available for any purpose consistent with the provisions of this article 5.3.

(2)  Any money received pursuant to this section must be transmitted to the

state treasurer, who shall credit the same to the commission on judicial discipline special cash fund, which is created in the state treasury.

(3)  Any expenses, attorney fees, or costs recovered pursuant to this article

5.3 must be transmitted to the state treasurer, who shall credit the same to the fund.

(4)  Money in the fund is continuously appropriated to the commission for the

purposes specified in subsection (6) of this section.

(5)  Any interest derived from the deposit and investment of money in the

fund is credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year remains in the fund and is not credited or transferred to the general fund or another fund.

(6)  Money in the fund may be used for payment of the expenses for

evaluations, investigations, formal proceedings, or special projects that the commission has determined are to be undertaken by personnel other than or in addition to those employed by the office.

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

from the general fund to the fund four hundred thousand dollars. In each subsequent fiscal year, the general assembly shall appropriate sufficient money to the fund so that it begins the fiscal year with not less than four hundred thousand dollars.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1349, � 2,

effective May 20.

Cross references: For the legislative declaration in SB 22-201, see section 1

of chapter 201, Session Laws of Colorado 2022.

13-5.3-105.  Information-sharing with judicial oversight entities - legislative

declaration. (1) The general assembly finds and declares that:

(a)  Several entities within the department share a role in the oversight of the

judiciary and, as a result, often become aware of and involved in investigations that relate to matters that may come before the commission, including the office of judicial performance evaluation, the judicial nominating commissions, the office of the presiding disciplinary judge, and the office of attorney regulation counsel, collectively referred to in this section as judicial oversight entities; and

(b)  In order for the commission and the judicial oversight entities to properly

perform their functions, they need to be able to share relevant information and documents while maintaining their respective rules of confidentiality.

(2)  When requested by a judicial oversight entity, the commission may

provide the disciplinary record of a judge or justice to the requesting entity. The judicial oversight entity shall keep the information confidential to the same extent that the commission is required to do so pursuant to the state constitution and the rules.

(3) (a)  When a judicial oversight entity receives information indicating or

alleging potential judicial misconduct, the entity shall share the portion of the complaint alleging judicial misconduct with the commission within a reasonable time. Thereafter, the commission may request further material or information that the oversight entity holds relating to the allegation of judicial misconduct. The judicial oversight entity shall provide the requested material or information to the commission within fourteen calendar days after the commission's request. A judicial oversight entity may not withhold requested material or information through a claim of privilege or confidentiality that it holds. Any information or materials received from the entity are subject to the commission's rules of confidentiality.

(b)  A provision in a contract, including in a nondisclosure agreement, entered

into after August 7, 2023, that prohibits a judicial oversight entity from disclosing to the commission information described in this subsection (3) is void as against public policy and is unenforceable.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1350, � 2,

effective May 20. L. 2023: (3) amended, (HB 23-1019), ch. 366, p. 2199, � 3, effective August 7.

Cross references: For the legislative declaration in SB 22-201, see section 1

of chapter 201, Session Laws of Colorado 2022.

13-5.3-106.  Information-sharing within the judicial department - legislative

declaration. (1) The general assembly finds and declares that:

(a)  Offices or personnel within the department are often the first to receive

complaints;

(b)  The department often holds evidentiary materials relating to potential

misconduct and often develops evidence, through investigations or otherwise, relating to such potential misconduct;

(c)  The commission cannot fully pursue its constitutional mandate unless all

information relevant to a complaint available to the department is freely and promptly shared with the commission; and

(d)  The credibility of the judiciary and judicial discipline are best served by

the department promptly sharing with the commission all information and materials available to the department relevant to a complaint or potential misconduct.

(2)  The department shall ensure that if any member of the department,

including members of the office of the state court administrator, the office of the chief justice, chief judges, district administrators, the human resources department, administrative personnel, judicial districts, clerks of court, and others, receives a complaint from an employee, volunteer, or contractor for the department, the department shall:

(a)  Document both the receipt of the complaint and the department's

handling of the complaint, including any investigation that may be conducted, and maintain such documentation for as long as the subject of the complaint is a judge, plus three calendar years;

(b)  Within not more than thirty-five days after receipt of the complaint, notify

the office of the complaint and provide the office with all information within the custody or control of the department related to the complaint, including:

(I)  Identification of potential witnesses;


(II)  A list of any evidence held or known;


(III)  Access to all evidence, including administrative files, digital data, digital

or paper case files, recordings and transcripts, communications, and metadata, without charge; and

(IV)  Any department investigative materials that may exist, including any

investigative or action plans; and

(c)  Notify any person supplying any information concerning a complaint, and

any witness interviewed, of the following:

(I)  The existence, role, independence from the department, and process of

communicating with the commission;

(II)  That information given to the commission is confidential unless and until

a recommendation is made to the supreme court;

(III)  Rule 2.16 (B) of the code prohibiting retaliation against any person

assisting the commission;

(IV)  That the department has a duty to disclose all information related to

potential judicial misconduct to the commission; and

(V)  That the department is prohibited from discouraging a person from

sharing information with the commission, including entering into a nondisclosure agreement that would have that effect.

(3)  The department's duties of disclosure arise when the department

receives a complaint.

(4)  If the department receives a complaint alleging judicial misconduct from

an individual or entity that is not an employee, volunteer, or contractor for the department, the department shall notify the complainant of the role of the commission and provide the complainant with the commission's contact information. If the complainant submits written or electronic materials in connection with a complaint, the department shall forward those materials to the commission. Each judicial district, the appellate courts, and the state court administrator's office shall adopt a written policy to implement this provision.

(5)  The duties to document and disclose potential judicial misconduct and

related information continue when the department receives additional information.

(6) (a)  The department shall:


(I)  Adopt procedures and policies to implement the duties stated in this

section and to educate department personnel about these duties; and

(II)  Cooperate with any request from the commission for information related

to evaluating a complaint and supply requested information or materials within a reasonable time of not more than thirty-five days after the date of request.

(b)  The department shall not:


(I)  Adopt any policy or enter into any contract that purports to impede

disclosure of information related to potential judicial misconduct to the commission. The department shall not discourage any person or entity from cooperating with the commission or disclosing information to the commission.

(II)  Withhold from the commission disclosure of materials or information for

any of the following reasons:

(A)  A claim of privilege held by the department, including attorney-client,

attorney work product, judicial deliberation, or other claim of privilege;

(B)  A claim of confidentiality;


(C)  A claim of contractual right or obligation arising after May 20, 2022, not

to disclose information, including a nondisclosure agreement; or

(D)  A claim that any records are part of a state auditor fraud hotline

investigation or report; and

(III)  Retaliate, directly or indirectly, against any person communicating with

the commission regarding potential judicial misconduct or its examination, any person seeking to comply with the documentation and disclosure obligations of this section, or any person otherwise assisting or suspected of assisting the commission to fulfill its constitutional mandate or its role in judicial oversight.

(c)  The department and the office of attorney regulation counsel will respect

the confidentiality of the commission's communications and records.

(d)  Notwithstanding subsection (6)(b)(II) of this section, the department may

withhold from disclosure to the commission materials and information whose disclosure is prohibited by federal law, information covered by judicial deliberation privilege, and materials and information in the department's custody or control through an established and confidentiality-based mental health or professional development program. For any materials or information withheld by the department under this subsection (6)(d), the department shall disclose to the commission the nature of the materials withheld, the reason the items are withheld, and, if requested by the commission, a privilege or confidentiality log compliant with the standards governing civil litigation discovery.

(e)  The timely disclosure to the commission of information or materials

pursuant to this section by the department does not, by itself, waive any otherwise valid claim of privilege or confidentiality held by the department. When the department discloses materials or information it asserts is privileged or confidential, the department and the commission shall enter an agreement under Rule 502 of the Colorado rules of evidence implementing this subsection (6)(e), in which the department and the commission agree that the disclosure does not waive, by itself, any otherwise valid claim of privilege or confidentiality held by the department, and that the commission shall hold the materials and information as confidential under the commission's procedures and not disclose privileged or confidential information to a third party except as may be required through the investigative and disciplinary process. The department and the commission may add further terms to address the individual circumstances of the matter if they agree.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1351, � 2,

effective May 20.

Cross references: For the legislative declaration in SB 22-201, see section 1

of chapter 201, Session Laws of Colorado 2022.

13-5.3-107.  Rule-making. (1)  Section 23 (3) of article VI of the Colorado

constitution establishes a rule-making committee to propose rules for the commission and the judicial discipline adjudicative board. In exercising its authority, the rule-making committee shall provide the commission and the judicial discipline adjudicative board reasonable notice before proposing any new rule or amendment.

(2)  Whenever the rule-making committee proposes a rule, the committee

shall post notice of the proposed rule, allow for a period for public comment, and give the public an opportunity to address the committee concerning the proposed rule at a public hearing.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, � 2,

effective May 20. L. 2023: Entire section amended, (HB 23-1019), ch. 366, p. 2200, � 4, effective December 17, 2024 (see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023,

provides that amendments to this section are effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:

FOR:  2,150,820


AGAINST:  793,642


Cross references: For the legislative declaration in SB 22-201, see section 1

of chapter 201, Session Laws of Colorado 2022.

13-5.3-108.  Reporting requirements - State Measurement for

Accountable, Responsive, and Transparent (SMART) Government Act report - annual report. (1) The commission shall gather and maintain annual data and statistics on the following information:

(a)  The number of requests for evaluation received, the number of other

allegations of judicial misconduct received regardless of form, and the number of requests for evaluation that the commission dismissed because it lacks jurisdiction over the judge or conduct that is the subject of the complaint;

(b)  The number of judicial misconduct investigations performed, the types of

complaints investigated, and the results of the investigations;

(c)  The types of judicial misconduct complaints reviewed by the commission

following an investigation, the number of reviewed complaints that were substantiated, and the number of reviewed complaints that were not substantiated;

(d)  The number of formal proceedings pursued;


(e)  The number and types of dispositions entered, including the type of any

discipline imposed or recommended; and

(f)  The demographics, including the gender, age, race, ethnicity, or disability,

of judges under discipline or investigation and those directly affected by the potential misconduct.

(2)  Beginning January 2023, and every January thereafter, the commission

shall report on the activities of the commissioners to the committees of reference of the general assembly as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act presentation required by section 2-7-203.

(3) (a)  The commission shall make the information described in subsection (1)

of this section available online in a searchable format and include the information in its annual report. The commission shall report and make the information available in aggregate form and without individually identifiable information concerning a judge, complainant, or witness.

(b)  Nothing in this subsection (3) requires the commission to make publicly

available any information it is required to keep confidential pursuant to the Colorado constitution or law.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, � 2,

effective May 20. L. 2023: (1) amended and (3) added, (HB 23-1019), ch. 366, p. 2200, � 5, effective August 7.

Cross references: For the legislative declaration in SB 22-201, see section 1

of chapter 201, Session Laws of Colorado 2022.

13-5.3-109.  Representation by attorney general. (1)  Pursuant to section 24-31-111, the attorney general shall provide legal services, as defined in section 24-31-111 (6)(a), to the commission and the office. The attorney general shall designate

one or more assistant attorneys general to provide such legal services. Any assistant attorneys general shall not be within the same unit, section, or division of the Colorado department of law that provides legal services to the judicial department.

(2)  This section does not limit the commission's or office's authority to hire

attorneys to serve as special counsel pursuant to section 13-5.3-102 (3)(d).

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, � 2,

effective May 20.

Cross references: For the legislative declaration in SB 22-201, see section 1

of chapter 201, Session Laws of Colorado 2022.

13-5.3-110.  Legislative interim committee on judicial discipline - creation.

(Repealed)

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1355, � 2,

effective May 20. L. 2023: Entire section repealed, (HB 23-1019), ch. 366, p. 2201, � 6, effective August 7.

Cross references: For the legislative declaration in SB 22-201, see section 1

of chapter 201, Session Laws of Colorado 2022.

13-5.3-111.  Requests for evaluation - manner - confidential requests. (1)  In

addition to any other method permitted by the commission or office, a person may submit a request for evaluation by mail or online. The office shall develop an online request for evaluation form that is accessible from the commission's public website.

(2)  The commission and office shall permit a person to submit a confidential

or anonymous request for evaluation.

Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, � 7,

effective August 7.

13-5.3-112.  Complainant notification - point of contact. (1)  Upon receipt of a

complaint, the office shall explain to the complainant the judicial discipline process, including the steps in the process, the availability of confidential reporting, and confidentiality requirements during each step of the process.

(2)  The office shall designate a point of contact to keep complainants

apprised of the status of the complainant's complaint, including periodic updates related to the complaint and timely notice of the outcome of the investigation of the complaint and the disciplinary or adjudicative process. Updates must include, but are not limited to, information about the following:

(a)  Dismissal of a complaint;


(b)  Completion of an investigation;


(c)  Scheduling of any hearings;


(d)  Results of any hearings;


(e)  Imposition of any remedial measures or sanctions; and


(f)  Appeal of any remedial measures or sanctions.


(3)  If a complaint is dismissed because it is outside the commission's

jurisdiction, the office shall provide an explanation of the dismissal to the complainant.

Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, � 8,

effective August 7.

13-5.3-113.  Judicial discipline adjudicative board - administrative support.

When a panel of the judicial discipline adjudicative board convenes pursuant to section 23 (3) of article VI of the Colorado constitution, the judge member of the panel is responsible for providing administrative support necessary to facilitate the panel's hearings. With any necessary approval from the chief judge of a district court, the panel judge may use the judge's own staff to provide the administrative support or, if necessary, staff of other judges in the judge's district or another district may provide the support. Staff from the same district as the respondent judge in the proceeding shall not provide administrative support to the panel.

Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, � 9,

effective December 17, 2024 (see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023,

provides that this section is effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:

FOR:  2,150,820


AGAINST:  793,642

ARTICLE 5.5

Commissions on Judicial

Performance

Editor's note: This article 5.5 was added in 1988. It was repealed and

reenacted in 2017, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this article 5.5 prior to 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 5.5, see the comparative tables located in the back of the index.

13-5.5-101.  Legislative declaration. (1)  It is the intent of the general

assembly to provide:

(a)  A comprehensive evaluation system of judicial performance;


(b)  Information to the people of Colorado regarding the performance of

judges and justices throughout the state; and

(c)  Transparency and accountability for judges and justices throughout the

state of Colorado.

(2)  Therefore, the general assembly finds and declares that it is in the public

interest and is a matter of statewide concern to:

(a)  Provide judges and justices with useful information concerning their own

performances, along with training resources to improve judicial performance as necessary;

(b)  Establish a comprehensive system of evaluating judicial performance to

provide persons voting on the retention of judges and justices with fair, responsible, and constructive information about individual judicial performance;

(c)  Establish an independent office on judicial performance evaluation with

full authority to implement the provisions of this article 5.5; and

(d)  Conduct statewide judicial performance evaluations, as well as judicial

performance evaluations within each judicial district, using uniform criteria and procedures pursuant to the provisions of this article 5.5.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1765, � 1,

effective August 9. L. 2019: (1)(b), (1)(c), (2)(a), and (2)(b) amended, (SB 19-187), ch. 374, p. 3396, � 1, effective May 30.

Editor's note: This section is similar to former � 13-5.5-101 as it existed prior

to 2017.

13-5.5-102.  Definitions. As used in this article 5.5, unless the context

otherwise requires:

(1)  Attorney means a person admitted to practice law before the courts of

this state.

(2)  Commission means both the state and district commissions on judicial

performance, established in section 13-5.5-104, unless the usage otherwise specifies the state commission or a district commission.

(3)  Commissioner means an appointed member of the state commission or

one of the district commissions on judicial performance established in section 13-5.5-104.

(4)  Department means the state judicial department.


(5)  Executive director means the executive director of the office on judicial

performance evaluation created in section 13-5.5-103.

(6)  Fund means the state commission on judicial performance cash fund,

created in section 13-5.5-115.

(7)  Improvement plan means an individual judicial improvement plan

developed and implemented pursuant to section 13-5.5-110.

(8)  Interim evaluation means an interim evaluation conducted by a

commission pursuant to section 13-5.5-109 during a full term of office of a justice or judge.

(9)  Judge includes all active judges.


(10)  Justice means a justice serving on the supreme court of Colorado.


(11)  Office means the office on judicial performance evaluation created in

section 13-5.5-103.

(12)  Retention year evaluation means a judicial performance evaluation

conducted by a commission pursuant to section 13-5.5-108 of a justice or judge whose term is to expire and who must stand for retention election.

(13)  Repealed.


(14)  Volunteer courtroom observer program means a systemwide program

comprised of volunteers who provide courtroom observation reports for use by state and district commissions in judicial performance evaluations. The state commission shall develop rules, guidelines, and procedures for the volunteer courtroom observer program pursuant to section 13-5.5-105 (2)(i).

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1766, � 1,

effective August 9. L. 2019: (9) amended and (13) repealed, (SB 19-187), ch. 374, p. 3397, � 2, effective May 30.

13-5.5-103.  Office on judicial performance evaluation - executive director -

duties - oversight. (1) The office on judicial performance evaluation is established in the judicial department. The state commission on judicial performance, established pursuant to section 13-5.5-104, shall oversee the office.

(2)  The state commission shall appoint an executive director of the office.

The executive director serves at the pleasure of the state commission. The executive director's compensation is the same as that which the general assembly establishes for a judge of the district court. The state commission shall not reduce the executive director's compensation during the time that he or she serves as executive director. The executive director shall hire additional staff for the office as necessary and as approved by the state commission.

(3)  Subject to the state commission's supervision, the office shall:


(a)  Staff the state and district commissions when directed to do so by the

state commission;

(b)  Train state and district commissioners as needed and requested;


(c)  Collect and disseminate data on judicial performance evaluations,

including judicial performance surveys developed, collected, and distributed, pursuant to section 13-5.5-105 (2);

(d)  Conduct public education efforts concerning the judicial performance

evaluation process and the recommendations made by the state and district commissions;

(e)  Measure public awareness of the judicial performance evaluation process

through regular polling; and

(f)  Complete any other duties as assigned by the state commission.


(4)  Office expenses are paid for from the state commission on judicial

performance cash fund created pursuant to section 13-5.5-115.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1767, � 1,

effective August 9.

Editor's note: This section is similar to former � 13-5.5-101.5 as it existed

prior to 2017.

13-5.5-104.  State commission on judicial performance - district

commissions on judicial performance - established - membership - terms - immunity - conflicts - repeal. (1) The state commission on judicial performance is established, and a district commission on judicial performance is established in each judicial district of the state. In appointing the membership of each commission, the appointing entities must, to the extent practicable, include persons from throughout the state or judicial district and persons with disabilities and take into consideration race, gender, and the ethnic diversity of the state or district. Justices and judges actively performing judicial duties may not be appointed to serve on a commission. Former justices and judges are eligible to be appointed as attorney commissioners; except that a former justice or judge may not be assigned or appointed to perform judicial duties while serving on a commission.

(2)  Repealed.


(3) (a)  The state commission consists of eleven members appointed as

follows:

(I)  The speaker of the house of representatives shall appoint one attorney

and one nonattorney;

(II)  The minority leader of the house of representatives shall appoint one

nonattorney;

(III)  The president of the senate shall appoint one attorney and one

nonattorney;

(IV)  The minority leader of the senate shall appoint one nonattorney;


(V)  The chief justice of the supreme court shall appoint two attorneys; and


(VI)  The governor shall appoint two nonattorneys and one attorney.


(b) and (c)  Repealed.


(4) (a)  Each district commission consists of ten members appointed as

follows:

(I)  The speaker of the house of representatives shall appoint one attorney

and one nonattorney;

(II)  The president of the senate shall appoint one attorney and one

nonattorney;

(III)  The minority leader of the house of representatives shall appoint one

nonattorney;

(IV)  The minority leader of the senate shall appoint one nonattorney;


(V)  The chief justice of the supreme court shall appoint two attorneys; and


(VI)  The governor shall appoint two nonattorneys.


(b) and (c)  Repealed.


(4.5) (a)  The twenty-third judicial district commission on judicial

performance, referred to in this subsection (4.5) as the twenty-third judicial district commission, is established on December 1, 2025. Members of the twenty-third judicial district commission are appointed pursuant to subsection (4)(a) of this section; except that a person serving as a member of the eighteenth judicial district commission on judicial performance during 2025 who resides within the twenty-third judicial district may be appointed to serve on the twenty-third judicial district commission, and if such a person is appointed, the person's term on the twenty-third judicial district commission continues for the remainder of the term to which the person was originally appointed for the eighteenth judicial district commission on judicial performance.

(b)  Notwithstanding subsection (5)(a) of this section, the initial terms of the

following members of the twenty-third judicial district commission expire on November 30, 2027:

(I)  The nonattorney appointed by the speaker of the house of representatives

pursuant to subsection (4)(a)(I) of this section;

(II)  The nonattorney appointed by the minority leader of the house of

representatives pursuant to subsection (4)(a)(III) of this section;

(III)  The nonattorney appointed by the president of the senate pursuant to

subsection (4)(a)(II) of this section;

(IV)  One of the attorneys appointed by the chief justice of the supreme court

pursuant to subsection (4)(a)(V) of this section as designated by the chief justice; and

(V)  One of the nonattorneys appointed by the governor pursuant to

subsection (4)(a)(VI) of this section as designated by the governor.

(c)  The initial terms of the following members of the twenty-third judicial

district commission expire on November 30, 2029:

(I)  The attorney appointed by the speaker of the house of representatives

pursuant to subsection (4)(a)(I) of this section;

(II)  The attorney appointed by the president of the senate pursuant to

subsection (4)(a)(II) of this section;

(III)  The nonattorney appointed by the minority leader of the senate pursuant

to subsection (4)(a)(IV) of this section;

(IV)  One of the attorneys appointed by the chief justice of the supreme court

pursuant to subsection (4)(a)(V) of this section as designated by the chief justice; and

(V)  One of the nonattorneys appointed by the governor pursuant to

subsection (4)(a)(VI) of this section as designated by the governor.

(d)  During 2025, members of the eighteenth judicial district commission on

judicial performance serving on June 2, 2025, shall conduct the interim evaluations pursuant to section 13-5.5-109 for judges of both the eighteenth judicial district and the twenty-third judicial district.

(e)  This subsection (4.5) is repealed, effective July 1, 2028.


(5) (a)  The term for a commissioner is four years and expires on November 30

of an odd-numbered year. The term of a commissioner appointed to replace a member at the end of the commissioner's term begins on December 1 of the same year.

(b)  The original appointing authority shall fill any vacancy on a commission,

but a commissioner shall not serve more than two full terms including any balance remaining on an unexpired term if the initial appointment was to fill a vacancy. Within five days after a vacancy arises on a commission, the commission with the vacancy shall notify the original appointing authority of the vacancy. The original appointing authority shall make an appointment within forty-five days after the date of the vacancy. If the original appointing authority fails to make the appointment within forty-five days after the date of the vacancy, the state commission shall make the appointment.

(c)  The appointing authority may remove a commissioner whom he or she

appointed for cause.

(6)  Each commission shall elect a chair every two years by a vote of the

membership.

(7)  State and district commissioners and employees of the state or a district

commission are immune from suit in any action, civil or criminal, based upon official acts performed in good faith as commissioners and employees of the state or a district commission.

(8)  A commissioner shall recuse himself or herself from an evaluation of the

person who appointed the commissioner to the commission.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1768, � 1,

effective August 9. L. 2019: (5)(b) amended, (SB 19-187), ch. 374, p. 3397, � 3, effective May 30. L. 2025: IP(3)(a) and IP(4)(a) amended, (3)(b), (3)(c), (4)(b), and (4)(c) repealed, and (4.5) added, (HB 25-1298), ch. 354, p. 1910, � 1, effective June 2.

Editor's note: (1)  This section is similar to former �� 13-5.5-102 and 13-5.5-104 as they existed prior to 2017.


(2)  Subsection (2)(c) provided for the repeal of subsection (2), effective

January 31, 2019. (See L

C.R.S. § 13-50-105

13-50-105. Actions by and against partnerships and associations - what property bound by judgment. A partnership or other unincorporated association may sue or be sued in an action in its common name to enforce for or against it a substantive right; except that in such action only the property of the partnership or other unincorporated association, the joint property of the associates, and the separate property of any individual member thereof who is named as a party individually and over whom individually the court has acquired jurisdiction either by entry of appearance or by service of process may be bound by the judgment therein.

Source: L. 55: p. 497, � 1. CRS 53: � 76-1-6. C.R.S. 1963: � 76-1-6.


Cross references: For judgment against partnership, see C.R.C.P. 54(e).

ARTICLE 50.5

Uniform Contribution Among

Tortfeasors

Law reviews: For article, The Apportionment of Tort Responsibility, see 14

Colo. Law. 741 (1985); for article, Legal Aspects of Health and Fitness Clubs: A Healthy and Dangerous Industry, see 15 Colo. Law. 1787 (1986); for article, Set-Off Under the Contribution and Collateral Source Statutes, see 21 Colo. Law. 1421 (1992).

13-50.5-101.  Short title. This article shall be known and may be cited as the

Uniform Contribution Among Tortfeasors Act.

Source: L. 77: Entire article added, p. 808, � 1, effective July 1.


13-50.5-102.  Right to contribution - contract or agreement provision to

indemnify or hold harmless void against public policy. (1) Except as otherwise provided in this article, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.

(2)  The right of contribution exists only in favor of a tortfeasor who has paid

more than his pro rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution beyond his own pro rata share of the entire liability.

(3)  There is no right of contribution in favor of any tortfeasor who has

intentionally, willfully, or wantonly caused or contributed to the injury or wrongful death.

(4)  A tortfeasor who enters into a settlement with a claimant is not entitled

to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.

(5)  A liability insurer, who by payment has discharged in full or in part the

liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.

(6)  This article does not impair any right of indemnity under existing law.

Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.

(7)  This article shall not apply to breaches of trust or of other fiduciary

obligation.

(8) (a)  Any public contract or agreement for architectural, engineering, or

surveying services; design; construction; alteration; repair; or maintenance of any building, structure, highway, bridge, viaduct, water, sewer, or gas distribution system, or other works dealing with construction, or any moving, demolition, or excavation connected with such construction that contains a covenant, promise, agreement, or combination thereof to defend, indemnify, or hold harmless any public entity is enforceable only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the indemnity obligor or the indemnity obligor's agents, representatives, subcontractors, or suppliers. Any such covenant, promise, agreement, or combination thereof requiring an indemnity obligor to defend, indemnify, or hold harmless any public entity from that public entity's own negligence is void as against public policy and wholly unenforceable.

(b)  This subsection (8) shall not apply to construction bonds, contracts of

insurance, or insurance policies that provide for the defense, indemnification, or holding harmless of public entities or contract clauses regarding insurance. This subsection (8) is intended only to affect the contractual relationship between the parties relating to the defense, indemnification, or holding harmless of public entities, and nothing in this subsection (8) shall affect any other rights or remedies of public entities or contracting parties.

(c)  If the indemnity obligor is a person or entity providing architectural,

engineering, surveying, or other design services, then the extent of an indemnity obligor's obligation to defend, indemnify, or hold harmless an indemnity obligee may be determined only after the indemnity obligor's liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the indemnity obligor and obligee.

Source: L. 77: Entire article added, p. 808, � 1, effective July 1. L. 87: (6)

amended, p. 1577, � 18, effective July 10. L. 88: (8) added, p. 404, � 2, effective May 17. L. 89: (8) amended, p. 760, � 1, effective March 15. L. 2015: (8) amended, (HB 15-1197), ch. 93, p. 265, � 1, effective September 1.

13-50.5-103.  Pro rata shares. The relative degrees of fault of the joint

tortfeasors shall be used in determining their pro rata shares.

Source: L. 77: Entire article added, p. 809, � 1, effective July 1. L. 86: Entire

section amended, p. 681, � 2, effective July 1.

13-50.5-104.  Enforcement. (1)  Whether or not judgment has been entered in

an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.

(2)  Where a judgment has been entered in an action against two or more

tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.

(3)  If there is a judgment for the injury or wrongful death against the

tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review.

(4)  If there is no judgment for the injury or wrongful death against the

tortfeasor seeking contribution, his right of contribution is barred unless he has either:

(a)  Discharged by payment the common liability within the statute of

limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment; or

(b)  Agreed while action is pending against him to discharge the common

liability and has within one year after the agreement paid the liability and commenced his action for contribution.

(5)  The recovery of a judgment for an injury or wrongful death against one

tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.

(6)  The judgment of the court in determining the liability of the several

defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.

Source: L. 77: Entire article added, p. 809, � 1, effective July 1.


13-50.5-105.  Release or covenant not to sue. (1)  When a release or a

covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:

(a)  It does not discharge any of the other tortfeasors from liability for their

several pro rata shares of liability for the injury, death, damage, or loss unless its terms so provide; but it reduces the aggregate claim against the others to the extent of any degree or percentage of fault or negligence attributable by the finder of fact, pursuant to section 13-21-111 (2) or (3) or section 13-21-111.5, to the tortfeasor to whom the release or covenant is given; and

(b)  It discharges the tortfeasor to whom it is given from all liability for

contribution to any other tortfeasor.

Source: L. 77: Entire article added, p. 810, � 1, effective July 1. L. 86: (1)(a)

amended, p. 681, � 3, effective July 1.

13-50.5-106.  Uniformity of interpretation. This article shall be so

interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.

Source: L. 77: Entire article added, p. 810, � 1, effective July 1.

JUDGMENTS AND EXECUTIONS

ARTICLE 51

Declaratory Judgments

Law reviews: For article, Declaratory Judgment Actions to Resolve

Insurance Coverage Questions, see 18 Colo. Law. 2299 (1989).

C.R.S. § 13-80-105

13-80-105. Limitation of actions against land surveyors. (1) Notwithstanding any statutory provision to the contrary, all actions against any land surveyor brought to recover damages resulting from any alleged negligent or defective land survey shall be brought within the time provided in section 13-80-101 after the person bringing the action either discovered or in the exercise of reasonable diligence and concern should have discovered the negligence or defect which gave rise to such action, and not thereafter, but in no case shall such an action be brought more than ten years after the completion of the survey upon which such action is based.

(2)  For purposes of this section, land survey or improvement survey

means any survey conducted by or under the direction and control of a land surveyor licensed pursuant to the provisions of part 3 of article 120 of title 12 and includes but is not limited to professional land surveying, as defined in section 12-120-302 (5). Nothing in this section shall be construed as extending the period or periods provided by the laws of Colorado or by agreement of the parties for bringing any action, nor shall this section be construed as creating any claim for relief not existing or recognized on or before July 1, 1979.

(3) (a)  The limitations set forth in subsections (1) and (2) of this section shall

not apply to any survey unless the documentary evidence of such land survey contains, clearly depicted thereon, the following statement:

NOTICE:  According to Colorado law you must commence any legal action

based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon.

(b)  If any survey is performed that does not require documentation, the

limitations set forth in subsections (1) and (2) of this section shall nevertheless apply if, not more than ninety days after the completion of the survey, written notice of the provisions of this article is provided to all persons holding an interest in the property upon which such survey is conducted.

Source: L. 86: Entire article R&RE, p. 698, � 1, effective July 1. L. 87: (2)

amended, p. 1577, � 19, effective July 10. L. 2006: (3)(b) amended, p. 339, � 3, effective August 7. L. 2019: (2) amended, (HB 19-1172), ch. 136, p. 1668, � 77, effective October 1.

Editor's note: This section is similar to former � 13-80-127.3 as it existed prior

to 1986.

C.R.S. § 15-14-611

15-14-611. Applicability of part. This part 6 does not in any way invalidate any agency or power of attorney executed or any act of any agent, guardian, or conservator done or affect any claim, right, or remedy that accrued prior to January 1, 1995.

Source: L. 94: Entire part added, p. 1076, � 1, effective January 1, 1995.

PART 7

UNIFORM POWER OF ATTORNEY ACT

Cross references: For provisions for a power of attorney executed by an

entity, see part 6 of this article.

Law reviews: For article, The Durable Power of Attorney: Defining the

Agent's Duties, see 41 Colo. Law. 49 (May 2012); for article, Don't Get Burned: Estate Tax Considerations for Certain 'Hot Powers' Under Colorado's Uniform Power of Attorney Act, see 52 Colo. Law. 42 (Nov. 2023).

PREFATORY NOTE

The catalyst for the Uniform

Power of Attorney Act (the Act) was a national review of state power of attorney legislation. The review revealed growing divergence among states' statutory treatment of powers ofattorney. The original Uniform Durable Power of Attorney Act (Original Act), last amended in 1987, was at one time followed by all but a few jurisdictions. Despite initial uniformity, the review found that a majority ofstates had enacted non-uniform provisions to deal with specific matters upon which the Original Act is silent. The topics about which there was increasing divergence included: 1) the authority of multiple agents; 2) the authority of a later-appointed fiduciary or guardian; 3) the impact of dissolution or annulment of the principal's marriage to the agent; 4) activation of contingent powers; 5) the authority to make gifts; and 6) standards for agent conduct and liability. Other topics about which states had legislated, although not necessarily in a divergent manner, included: successor agents, execution requirements, portability, sanctions for dishonor of a power of attorney, and restrictions on authority that has the potential to dissipate a principal's property or alter a principal's estate plan.

A national survey was then

conducted by the Joint Editorial Board for Uniform Trust and Estate Acts (JEB) to ascertain whether there was actual divergence of opinion about default rules for powers of attorney or only the lack of a detailed uniform model. The survey was distributed to probate and elder law sections of all state bar associations, to the fellows of the American College of Trust and Estate Counsel, the leadership of the ABA Section of Real Property, Probate and Trust Law and the National Academy of Elder Law Attorneys, as well as to special interest list serves of the ABA Commission on Law and Aging. Forty- four jurisdictions were represented in the 371 surveys returned.

The survey responses

demonstrated a consensus of opinion in excess of seventy percent that a power of attorney statute should:

(1) provide for confirmation that

contingent powers are activated;

(2) revoke a spouse-agent's

authority upon the dissolution or annulment of the marriage to the principal;

(3) include a

portabilityprovision;

(4) require gift making authority

to be expressly stated in the grant of authority;

(5) provide a default standard

for fiduciary duties;

(6) permit the principal to alter

the default fiduciary standard;

(7) require notice by an agent

when the agent is no longer willing or able to act;

(8) include safeguards against

abuse by the agent;

(9) include remedies and

sanctions for abuse by the agent;

(10) protect the reliance of

other persons on a power of attorney; and

(11) include remedies and

sanctions for refusal of other persons to honor a power of attorney.

Informed by the review and the

survey results, the Conference's drafting process also incorporated input from the American College of Trust and Estate Counsel, the ABA Section of Real Property, Probate and Trust Law, the ABA Commission on Law and Aging, the Joint Editorial Board for Uniform Trust and Estate Acts, the National Conference of Lawyers and Corporate Fiduciaries, the American Bankers Association, AARP, other professional groups, as well as numerous individual lawyers and corporate counsel. As a result of this process, the Act codifies both state legislative trends and collective best practices, and strikes a balance between the need for flexibility and acceptance of an agent's authority and the need to prevent and redress financial abuse.

While the Act contains

safeguards for the protection of an incapacitated principal, the Act is primarily a set of default rules that preserve a principal's freedom to choose both the extent of an agent's authority and the principles to govern the agent's conduct. Among the Act's features that enhancedrafting flexibility are the statutory definitions of powers in Subpart 2, which can be incorporated by reference in an individually drafted power of attorney or selected for inclusion on the optional statutory form provided in Subpart 3. The statutory definitions of enumerated powers are an updated version of those in the Uniform Statutory Form Power of Attorney Act (1988), which the Act supersedes. The national review found that eighteen jurisdictions had adopted some type of statutory form power of attorney. The decision to include a statutory form power of attorney in the Act was based on this trend and the proliferation of power of attorney forms currently available to the public.

Sections 15-14-719 and 15-14-720 of the Act address the problem of

persons refusing to accept an agent's authority. Section 15-14-719 provides protection from liability for persons that in good faith accept an acknowledged power of attorney. Section 15-14-720 sanctions refusal to accept an acknowledged power of attorney unless the refusal meets limited statutory exceptions. An alternate Section 15-14-720 is provided for states that may wish to limit sanctions to refusal of an acknowledged statutory form power of attorney.

In exchange for mandated

acceptance of an agent's authority, the Act does not require persons that deal with an agent to investigate the agent or the agent's actions. Instead, safeguards against abuse are provided through heightened requirements for granting authority that could dissipate the principal's property or alter the principal's estate plan (Section 15-14-724(1)), provisions that set out the agent's duties and liabilities (Sections 15-14-714 and 15-14-717) and by specification of the categories of persons that have standing to request judicial review of the agent's conduct (Section 15-14-716). The following provides a brief overview of the entire Act.

Overview of the Uniform Power of Attorney Act

The Act consists of 4 Subparts.

The basic substance of the Act is located in subparts 1 and 2. Subpart 3 contains the optional statutory form and Subpart 4 consists of miscellaneous provisions dealing with general application of the Act and repeal of certain prior acts.

Subpart 1 -- General

Provisions and Definitions -- Section 15-14-702 lists definitions which are useful in interpretation of the Act. Of particular note is the definition of incapacity which replaces the term disability used in the Original Act. The definition of incapacity is consistent with the standard for appointment of a conservator under Section 401 of the Uniform Guardianship and Protective Proceedings Act as amended in 1997. Another significant change in terminology from the Original Act is the use of agent in place of the term attorney in fact. The term agent was also used in the Uniform Statutory Form Power of Attorney Act and is intended to clarify confusion in the lay public about the meaning of attorney in fact. Section 15-14-703 provides that the Act is to apply broadly to all powers of attorney, but excepts from the Act powers of attorney for health care and certain specialized powers such as those coupled with an interest or dealing with proxy voting.

Another innovation is the

default rule in Section 15-14-704 that a power of attorney is durable unless it contains express language indicating otherwise. This change from the Original Act reflects the view that most principals prefer their powers of attorney to be durable as a hedge against the need for guardianship. While the Original Act was silent on execution requirements for a power of attorney, Section 15-14-705 requires theprincipal's signature and provides that an acknowledged signature is presumed genuine. Section 15-14-706 recognizes military powers of attorney and powers of attorney properly executed in other states or countries, or which were properly executed in the state of enactment prior to the Act's effective date. Section 15-14-707 states a choice of law rule for determining the law that governs the meaning and effect of a power of attorney.

Section 15-14-708 addresses

the relationship of the agent to a later court-appointed fiduciary. The Original Act conferred upon a conservator or other later-appointed fiduciary the same power to revoke or amend the power of attorney as the principal would have had prior to incapacity. In contrast, the Act reserves this power to the court and states that the agent's authority continues until limited, suspended, or terminated by the court. This approach reflects greater deference for the previously expressed preferences of the principal and is consistent with the state legislative trend that has departed from the Original Act.

The default rule for when a

power of attorney becomes effective is stated in Section 15-14-709. Unless the principal specifies that it is to become effective upon a future date, event, or contingency, the authority of an agent under a power of attorney becomes effective when the power is executed. Section 15-14-709 permits the principal to designate who may determine when contingent powers are triggered. If the trigger for contingent powers is the principal's incapacity, Section 15-14-709 provides that the person designated to make that determination has the authority to act as the principal's personal representative under the Health Insurance Portability and Accountability Act (HIPAA) for purposes of accessing the principal's health-care information and communicating with the principal's health-care provider. Thisprovision does not, however, confer on the designated person the authority to make health-care decisions for the principal. If the trigger for contingent powers is incapacity but the principal has not designated anyone to make the determination, or the person authorized is unable or unwilling to make the determination, the determination may be made by a physician or licensed psychologist, who must find that the principal's ability to manage property or business affairs is impaired, or by an attorney at law, judge, or appropriate governmental official, who must find that the principal is missing, detained, or unable to return to the United States.

The bases for termination of a

power of attorney are covered in Section 15-14-710. In response to concerns expressed in the JEB survey, the Act provides as the default rule that authority granted to a principal's spouse is revoked upon the commencement of proceedings for legal separation, marital dissolution or annulment.

Sections 15-14-711 through 15-14-718 address matters related to the

agent, including default rules for coagents and successor agents (Section 15-14-711), reimbursement and compensation (Section 15-14-712), an agent's acceptance of appointment (Section 15-14-713), and the agent's duties (Section 15-14-714). Section 15-14-715 provides that a principal may lower the standard of liability for agent conduct subject to a minimum level of accountability for actions taken dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal. Section 15-14-716 sets out a comprehensive list of persons that may petition the court to review the agent's conduct and Section 15-14-717 addresses agent liability. An agent may resign by following the notice procedures described in Section 15-14-718.

Sections 15-14-719 and 15-14-720 are included in the Act to address

the frequentlyreported problem of persons refusing to accept a power of attorney. Section 15-14-719 protects persons that in good faith accept an acknowledged power of attorney without actual knowledge that the power of attorney is revoked, terminated, or invalid or that the agent is exceeding or improperly exercising the agent's powers. Subject to statutory exceptions, alternative Sections 15-14- 720 impose liability for refusal to accept a power of attorney. Alternative A sanctions refusal of an acknowledged power of attorney and Alternative B sanctions only refusal of an acknowledged statutory form power of attorney.

Sections 15-14-721 through 15-14-723 address the relationship of the

Act to other law. Section 15-14-721 clarifies that the Act is supplemented by the principles of common law and equity to the extent those principles are not displaced by a specific provision of the Act, and Section 15-14-722 further clarifies that the Act is not intended to supersede any law applicable to financial institutions or other entities. With respect to remedies, Section 15-14-723 provides that the remedies under the Act are not exclusive and do not abrogate any other cause of action or remedy that may be available under the law of the enacting jurisdiction.

Subpart 2 -- Authority -- The

Act offers the drafting attorney enhanced flexibility whether drafting an individually tailored power of attorney or using the statutory form. Like the Uniform Statutory Form Power of Attorney Act, Sections 15-14-727 through 15-14-740 of the Act set forth detailed descriptions of authority relating to subjects such as real property, retirement plans, and taxes, which a principal, pursuant to Section 15-14-702, may incorporate in full into the power of attorney either by a reference to the short descriptive term for the subject used in the Act or to the section number. Section 15-14-702 furtherstates that a principal may modify in a power of attorney any authority incorporated by reference. The definitions in Subpart 2 also provide meaning for authority with respect to subjects enumerated on the optional statutory form in Subpart 3. Section 15-14-726 applies to all incorporated authority and grants of general authority, providing further detail on how the authority is to be construed.

Subpart 2 also addresses

concerns about authority that might be used to dissipate the principal's property or alter the principal's estate plan. Section 15-14-721(1) lists specific categories of authority that cannot be implied from a grant of general authority, but which may be granted only through express language in the power of attorney. Section 15-14-724(2) contains a default rule prohibiting an agent that is not an ancestor, spouse, or descendant of the principal from creating in the agent or in a person to whom the agent owes a legal obligation of support an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.

Subpart 3 -- Statutory Forms

-- The optional form in Subpart 3 is designed for use by lawyers as well as lay persons. It contains, in plain language, instructions to the principal and agent. Step-by-step prompts are given for designation of the agent and successor agents, and grant of general and specific authority. In the section of the form addressing general authority, the principal must initial the subjects over which the principal wishes to delegate general authority to the agent. In the section of the form addressing specific authority, the Section 15-14-724(1) categories of specific authority are listed, preceded by a warning to the principal about the potential consequences of granting such authority to an agent. The principal is instructed to initial only the specific categories of actions that the principal intends to authorize. Subpart 3 alsocontains a sample agent certification form.

Subpart 4 -- Miscellaneous

Provisions -- The miscellaneous provisions in Article 4 clarify the relationship of the Act to other law and pre-existing powers of attorney. Enacting jurisdictionsshould repeal their existing power of attorney statutes, including, if applicable, the Uniform Durable Power of Attorney Act, The Uniform Statutory Form Power of Attorney Act, and Article 5, Part 5 of the Uniform Probate Code.

OFFICIAL GENERAL COMMENT

The Uniform Power of Attorney

Act replaces the Uniform Durable Power of Attorney Act, the Uniform Statutory Form Power of Attorney Act, and Article 5, Part 5 of the Uniform Probate Code. The primary purpose of the Uniform Durable Power of Attorney Act was to provide individuals with an inexpensive, non-judicial method of surrogate property management in the event of later incapacity. Two key concepts were introduced by the Uniform Durable Power of Attorney Act: 1) creation of a durable agency one that survives, or is triggered by, the principal's incapacity, and 2) validation of post-mortem exercise of powers by an agent who acts in good faith and without actual knowledge of the principal's death. The success of the Uniform Durable Power of Attorney Act is evidenced by the widespread use of durable powers in every jurisdiction, not only for incapacity planning, but also for convenience while the principal retains capacity. However, the limitations of the Uniform Durable Power of Attorney Act are evidenced by the number of states that have supplemented and revised their statutes to address myriad issues upon which the Uniform Durable Power of Attorney Act is silent. These issues include parameters for the creation and use of powers of attorney as well as guidelines for the principal, the agent, and the person who is asked to accept the agent's authority. The general provisions and definitions of Article 1 in the Uniform Powerof Attorney Act address those issues.

In addition to providing greater

detail than the Uniform Durable Power of Attorney Act, this Act changes two presumptions in the earlier act: 1) that a power of attorney is not durable unless it contains language to make it durable; and 2) that a later court-appointed fiduciary for the principal has the power to revoke or amend a previously executed power of attorney. Section 15-14-704 of this Subpart 1 reverses the non-durability presumption by stating that a power of attorney is durable unless it expressly provides that it is terminated by the incapacity of the principal. Section 15-14-708 gives deference to the principal's choice of agent by providing that if a court appoints a fiduciary to manage some or all of the principal's property, the agent's authority continues unless limited, suspended, or terminated by the court.

Although the Act is primarily a

default statute, Subpart 1 also contains rules that govern all powers of attorney subject to the Act. Examples of these rules include imposition of certain minimum fiduciary duties on an agent who has accepted appointment (Section 15-14-714(1)), recognition of persons who have standing to request judicial construction of the power of attorney or review of the agent's conduct (Section 15-14-716), and protections for persons who accept an acknowledged power of attorney without actual knowledge that the power of attorney or the agent's authority isvoid, invalid, or terminated, or that the agent is exceeding or improperly exercising the power (Section 15-14-719). In contrast with the rules of general application in Subpart 1, the default provisions are clearly indicated by signals such as unless the power of attorney otherwise provides,or except as otherwise provided in the power of attorney. These signals alert the draftsperson to options for enlarging or limiting the Act's default terms.For example, default provisions in Article 1 state that, unless the power of attorney otherwise provides, the power of attorney is effective immediately (Section 15-14-709), coagents may exercise their authority independently (Section 15-14-711), and an agent is entitled to reimbursement of expenses reasonably incurred and to reasonable compensation (Section 15-14-712).

SUBPART 1

GENERAL PROVISIONS

C.R.S. § 17-26-118

17-26-118. Criminal justice data collection - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Average daily population means the number of confined inmates each

day for a year, divided by the number of days in the year.

(b)  Case disposition means the final judgment, adjudication, adjudication

withheld, dismissal, or nolle prosequi of a case.

(c)  Confined inmate means an inmate under the supervision of a jail facility,

including an inmate who is in transit to or from a facility, appearing in or in transit to or from court, held for other jurisdictions, in a hospital or other medical institution for treatment but would otherwise be housed in the jail facility, in a work release program but returns to jail at night, or in a community-based program but returns to jail at night. Confined inmate does not include a person who is absent without leave, has escaped, is on long-term transfer to other jurisdictions, or is in a community-based program but does not return to jail at night.

(d)  Hold means a mechanism preventing a confined inmate's release from

custody on bail, including a hold on behalf of another criminal justice agency, a parole hold, and a probation hold.

(e)  Homeless means an individual who lacks a fixed, regular, and adequate

nighttime residence. An individual is considered homeless if the individual's primary address is recorded as:

(I)  Transient;


(II)  A supervised publicly or privately operated shelter designed to provide

temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for persons with behavioral or mental health disorders; or

(III)  A public or private place not designed for, nor ordinarily used as, a

regular sleeping accommodation for human beings, including but not limited to an automobile, a park, an abandoned building, a bus or train station, or a similar setting.

(f)  Jail facility means any building, structure, enclosure, institution, or

place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confined, that is operated by a county or city and county.

(g)  Jail management system means a software program utilized by a jail

facility to store jail data and to track inmate information and status beginning at booking and until release.

(h)  Length of stay means the number of consecutive days that a confined

inmate spends in jail, from the date of booking to the date of release, counting any part of one calendar day, including days during which the inmate spends part of the day outside of the jail, as one day.

(i)  Municipal offense means a violation of, or conduct defined as unlawful

by, any municipal code or ordinance.

(j)  Operational capacity means the number of inmates who can be

accommodated in a jail facility based on the number of permanent beds that the facility is designed to hold and the facility's staff, existing programs, and services.

(k)  Sentenced inmate means an inmate who is confined and actively

serving a sentence requiring a term of imprisonment. An inmate is considered sentenced even if the inmate is unsentenced in a separate case, and even if the inmate has a hold.

(l)  Snapshot means a data set from a jail facility that represents the

required data points as of the reporting date.

(m)  Unsentenced inmate means an inmate who is confined and awaiting

case disposition. An inmate is not considered unsentenced if the inmate is actively serving a sentence requiring a term of imprisonment in a separate case.

(2)  The keeper of each jail facility shall keep and maintain a daily record of

all data specified in subsection (3) of this section. The information contained in the record must be available to the public at all reasonable hours.

(3)  The keeper of each jail facility shall keep and maintain a daily record of

the following data:

(a)  For each confined inmate, the date of entrance; name; date of birth; age;

race; ethnicity; gender; any criminal charges against the inmate, organized by code section, and the jurisdiction charging each offense; term of sentence, if sentenced; bond amount, if bond has been set; and release date;

(b)  The operational capacity of the jail facility;


(c)  The name of the jail management system used by the facility;


(d)  The number of confined inmates in the jail facility;


(e)  Counting each confined inmate only once, the following information

concerning confined inmates:

(I)  The number of sentenced inmates;


(II)  The number of unsentenced inmates with a hold; and


(III)  The number of unsentenced inmates without a hold;


(f)  Counting each unsentenced inmate without a hold only once, the

following information concerning unsentenced inmates:

(I)  The number whose most serious charged offense is a felony; and


(II)  The number whose most serious charged offense is a misdemeanor;


(g)  The number of confined inmates held solely for a municipal offense;


(h)  The number of confined inmates held in administrative segregation or

other custody level in which the inmate is allowed outside of his or her cell for two or fewer hours per day;

(i)  The number of confined inmates awaiting a competency evaluation, as

defined in section 16-8.5-101 (2); a competency hearing, as defined in section 16-8.5-101 (4); or a restoration hearing, as defined in section 16-8.5-101 (17);

(j)  The average daily population of the jail facility;


(k)  The average length of stay for each of the following:


(I)  Confined inmates who were released within the prior twelve months

whose most serious offense is a felony; and

(II)  Confined inmates who were released within the prior twelve months

whose most serious offense is a misdemeanor;

(l)  The number of confined inmates identified as homeless;


(m)  The number of deaths of confined inmates; and


(n)  The number of bookings into the jail facility.


(4) (a)  On or before the third Friday of each January, April, July, and October,

each jail facility shall submit a quarterly report of the data collected pursuant to subsection (3) of this section as of the first day of the month in which the report is submitted to the division of criminal justice within the department of public safety via an electronic survey designed by the division for that purpose. Each quarterly report must include:

(I)  A snapshot of the data required by subsections (3)(b) and (3)(c) of this

section;

(II)  A snapshot of the data required by subsections (3)(d) to (3)(l) of this

section organized by race, ethnicity, and gender;

(III)  Data concerning the number of deaths of confined inmates, collected

pursuant to subsection (3)(m) of this section, as the total of all deaths of confined inmates that occurred since the previous reporting date; and

(IV)  Data concerning the number of bookings into the jail facility, collected

pursuant to subsection (3)(n) of this section, as the total of all bookings into the jail facility that occurred since the previous reporting date.

(b)  If a jail facility is unable to provide any of the data that it is required to

report pursuant to this subsection (4), the jail facility shall include in its report an explanation of all good faith efforts to collect and submit the data not included in the report.

(c)  If a jail facility fails to submit a quarterly report pursuant to this

subsection (4) within thirty days after a reporting date, the jail facility is considered noncompliant for the quarterly reporting period. The executive director of the department of public safety shall send notice of the failure to the noncompliant jail facility.

(d)  Repealed.


(e)  In addition to the information described in subsection (4)(a) of this

section, the report must include information from the prior quarter regarding the number of inmates in the jail whose medicaid was suspended while incarcerated and the number of inmates who were enrolled, or whose medicaid was reinstated, prior to release.

(5)  On or before January 1, 2022, and on or before the third Friday of each

January, April, July, and October thereafter, the keeper of each local jail shall submit a quarterly report of the data specified in this subsection (5) to the division of criminal justice in the department of public safety through an electronic form designed by the division. Each quarterly report must include:

(a)  For each individual placed in restrictive housing as defined in section 17-26-302 (4), anonymized data by month that includes:


(I)  The individual's self-identified race or ethnicity, gender, and age;


(II)  Whether the individual has one of the conditions identified in section 17-26-303 (1) and the specific condition;


(III)  The placement classification of the individual before being placed in

restrictive housing;

(IV)  The length of time the individual was in restrictive housing;


(V)  If the individual was placed in restrictive housing for a disciplinary

reason;

(VI)  Whether the individual suffered injury or death while placed in restrictive

housing and the manner and cause of the injury or death;

(VII)  Whether the individual was charged with a new criminal offense while in

restrictive housing and, if so, the offense; and

(VIII)  How many times the local jail sought a written order to hold someone

beyond fifteen days in restrictive housing and the outcome;

(b)  How many individuals in the local jail population have:


(I)  An identified mental illness;


(II)  An identified substance use disorder;


(III)  Both an identified mental illness and substance use disorder;


(IV)  Identified neurocognitive issues such as dementia or traumatic brain

injury; and

(V)  Engaged in self-harming behavior while in the local jail.


Source: L. 77: Entire title R&RE, p. 938, � 10, effective August 1. L. 2019:

Entire section R&RE, (HB 19-1297), ch. 394, p. 3505, � 1, effective August 2. L. 2020: (3)(i) amended, (HB 20-1402), ch. 216, p. 1047, � 31, effective June 30. L. 2021: (5) added, (HB 21-1211), ch. 322, p. 1981, � 2, effective January 1, 2022. L. 2022: (4)(e) added, (SB 22-196), ch. 193, p. 1293, � 9, effective May 19; (3)(a) and IP(4)(a) amended and (4)(d) repealed, (HB 22-1208), ch. 125, p. 885, � 1, effective August 10.

Editor's note: This section is similar to former � 27-26-118 as it existed prior

to 1977.

Cross references: For the legislative declaration in SB 22-196, see section 1

of chapter 193, Session Laws of Colorado 2022.

C.R.S. § 18-4-508

18-4-508. Defacing, destroying, or removing landmarks, monuments, or accessories. (1) Any person who knowingly cuts, fells, alters, or removes any certain boundary tree knowing such is a boundary tree, monument, or other allowed landmark, to the damage of any person, or any person who intentionally defaces, removes, pulls down, injures, or destroys any location stake, side post, corner post, landmark, or monument, or any other legal land boundary monument in this state, designating or intending to designate the location, boundary, or name of any mining claim, lode, or vein of mineral, or the name of the discoverer or date of discovery thereof, commits a class 2 misdemeanor.

(2)  Any person who knowingly removes or knowingly causes to be removed

any public land survey monument, as defined by section 38-53-103 (18), C.R.S., or control corner, as defined in section 38-53-103 (6), C.R.S., or a restoration of any such monument or who knowingly removes or knowingly causes to be removed any bearing tree knowing such is a bearing tree or other accessory, as defined by section 38-53-103 (1), C.R.S., even if said person has title to the land on which said monument or accessory is located, commits a class 2 misdemeanor unless, prior to such removal, said person has caused a Colorado professional land surveyor to establish at least two witness corners or reference marks for each such monument or accessory removed and has filed or caused to be filed a monument record pursuant to article 53 of title 38, C.R.S.

Source: L. 71: R&RE, p. 431, � 1. C.R.S. 1963: � 40-4-508. L. 77: Entire section

amended, p. 963, � 28, effective July 1. L. 79: Entire section amended, p. 478, � 4, effective July 1. L. 84: (2) amended, p. 1119, � 16, effective June 7. L. 94: (2) amended, p. 1507, � 37, effective July 1.

Cross references: For the definition of professional land surveyor, see � 12-120-302 (6).

C.R.S. § 18-4-515

18-4-515. Entry to survey property - exception to criminal trespass. (1) Effective July 1, 1992, no person shall be in violation of the trespass laws of this part 5 if the requirements of this section are met. The provisions of this section provide an exception to the trespass laws only and do not affect or supersede the provisions and requirements of articles 1 to 7 of title 38, C.R.S., concerning condemnation proceedings, notwithstanding any laws to the contrary.

(2)  Any person who is licensed as a professional land surveyor pursuant to

section 12-120-313, or who is under the direct supervision of such a person as an employee, agent, or representative, may enter public or private land to investigate and utilize boundary evidence and to perform boundary surveys if the notice requirement in this subsection (2) is met. The notice of the pending survey shall contain the identity of the party for whom the survey is being performed and the purpose for which the survey will be performed, the employer of the surveyor, the identity of the surveyor, the dates the land will be entered, the time, location, and timetable for such entry, the estimated completion date, the estimated number of entries that will be required, and a statement requesting the landowner to provide the surveyor with the name of each person who occupies the land as a tenant or lessee, whether on a permanent or a temporary basis. Nothing in this subsection (2) shall be deemed to confer liability upon a landowner who fails or refuses to provide such requested statement. At least fourteen days before the desired date of entry, the professional land surveyor shall cause such notice to be given to the landowner by certified mail, return receipt requested, and by regular mail. Any landowner may waive the requirement that notice be given by certified mail, return receipt requested, and by regular mail. The waivers described in this subsection (2) may be given orally or in writing.

(3)  If a landowner does not acknowledge receipt of the notice within

fourteen days of such receipt, the professional land surveyor or other persons described in subsection (2) of this section shall have the right to enter the land pursuant to the specifications given in the notice. If a landowner acknowledges receipt of the notice within fourteen days of receipt, such landowner has the right to modify the time and other provisions of the surveyor's access, as long as such modifications do not unreasonably restrict completion of the survey.

(4)  All persons described in subsection (2) of this section who enter land

pursuant to and for a purpose described in this section shall carry upon their person at all times during entry and stay upon the land sufficient identification to identify themselves and their employer or principal, and shall present such identification upon request.

(5)  Persons described in subsection (2) of this section shall be liable for

actual damages caused during entry and stay upon a landowner's land. No professional land surveyor or person under such surveyor's direct supervision shall have a civil cause of action against a landowner or lessee for personal injury or property damage incurred while on the land for purposes consistent with those described in subsection (2) of this section, except when such damages and injury were willfully or deliberately caused by the landowner.

Source: L. 92: Entire section added, p. 429, � 1, effective April 29. L. 2004: (2)

amended, p. 1310, � 53, effective May 28. L. 2019: (2) amended, (HB 19-1172), ch. 136, p. 1675, � 95, effective October 1.

C.R.S. § 19-3-705

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

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

shall file a report with the court that includes:

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

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

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

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

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

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

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

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

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

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

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

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

(3)  The court shall advise the youth that:


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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

of chapter 92, Session Laws of Colorado 2022.

PART 8

TASK FORCE ON THE COLLECTION AND SECURITY

OF DIGITAL IMAGES OF CHILD ABUSE OR NEGLECT

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


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

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

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

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

PART 9

TASK FORCE ON HIGH-QUALITY PARENTING TIME

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

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

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

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

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

ARTICLE 3.1

Dependency Proceedings for Unaccompanied Children

or Youth in Federal Custody

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

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

(2) (a)  The petition must:


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

pursuant to subsection (1) of this section;

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


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

of the federal office of refugee resettlement.

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


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

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

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

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

(I)  Declaring the child dependent;


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

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

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

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

(b)  The order may be entered at any time following the filing of the petition

or at the hearing.

(4)  The court shall not alter the child's custody status or placement unless

the federal department of health and human services provides specific consent.

(5)  The court may retain jurisdiction over the child until the child reaches

eighteen years of age or until further order of the court.

(6)  For purposes of this section, dependent on the court means a youth is

under the juvenile court's jurisdiction; the youth was at any time adjudicated dependent or neglected, as described in section 19-3-102, or that the court has found sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in section 19-1-103 (1)(a); and the youth is in need of oversight and supportive services as determined by the court.

Source: L. 2022: Entire article added, (HB 22-1319), ch. 391, p. 2770, � 1,

effective June 7. L. 2024: (3) amended, (SB 24-119), ch. 33, p. 103, � 5, effective August 7. L. 2025: IP(3)(a) amended, (HB 25-1200), ch. 270, p. 1396, � 7, effective August 6.

ARTICLE 3.3

Office of the Child Protection Ombudsman

19-3.3-101.  Legislative declaration. (1)  The general assembly finds and

declares that:

(a)  Child abuse and neglect is a serious and reprehensible problem in society;


(b)  The protection of children from abuse and neglect by applying prevention

measures and observing best practices in treating children who are abused and neglected must be one of Colorado's highest public policy priorities;

(c)  The child protection system must protect and serve Colorado's children in

a manner that keeps them safe and healthy and promotes their well-being;

(d)  The children and families served by the child protection system, as well

as the public, must have a high level of confidence that the system will act in a child's best interests and will respond to the child's needs in a timely and professional manner;

(e)  To engender this high level of confidence in the child protection system,

it is important that children and families who become involved in the system, mandatory reporters, and the general public have a well-publicized, easily accessible, and transparent grievance process for voicing concerns regarding the child protection system along with the expectation that those concerns, once voiced, will be heard and addressed in a timely and appropriate manner; and

(f)  To improve child protection outcomes and to foster best practices, there

must be effective accountability mechanisms, including the review and evaluation of concerns voiced by children and families, mandatory reporters, persons involved in the child protection system, and members of the general public, that provide policymakers with the information necessary to formulate systemic changes, where appropriate.

(2)  The general assembly further finds and declares that the establishment

of the office of the child protection ombudsman will:

(a)  Improve accountability and transparency in the child protection system

and promote better outcomes for children and families involved in the child protection system; and

(b)  Allow families, concerned citizens, mandatory reporters, employees of

the state department and county departments, and other professionals who work with children and families to voice their concerns, without fear of reprisal, about the response by the child protection system to children experiencing, or at risk of experiencing, child maltreatment.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 974, � 1,

effective May 14. L. 2015: IP(2) amended, (SB 15-204), ch. 264, p. 1031, � 14, effective June 2.

19-3.3-101.5.  Definitions. As used in this article 3.3, unless the context

otherwise requires:

(1)  Board means the child protection ombudsman board established

pursuant to section 19-3.3-102 (2)(a).

(2)  Complaint means a report or complaint relating to an action, inaction, or

decision of a public agency or a provider that receives public money that may adversely affect the safety, permanency, or well-being of a child or youth.

(3)  Facility means a facility established and operated by the state

department pursuant to section 19-2.5-1502.

(4)  Office means the office of the child protection ombudsman established

pursuant to section 19-3.3-102 (1)(a).

(5)  Ombudsman means the child protection ombudsman and director of the

office appointed pursuant to section 19-3.3-102 (3)(a)(I).

(6)  Personnel files has the same meaning as set forth in section 24-72-202.


(7)  State-licensed residential child care facility has the same meaning as

set forth in section 26-6-903.

(8)  Work product has the same meaning as set forth in section 24-72-202.


Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2046, � 78,

effective August 6; entire section added, (HB 25-1200), ch. 270, p. 1386, � 1, effective August 6.

Editor's note: This section added by SB 25-275 and HB 25-1200 was

harmonized, resulting in the renumbering of subsections (2) and (3) in SB 25-275 to subsections (4) and (5), respectively.

19-3.3-102.  Office of the child protection ombudsman established - child

protection ombudsman advisory board - qualifications of ombudsman - duties. (1) (a) The independent office of the child protection ombudsman is established in the judicial department as an independent agency for the purpose of ensuring the greatest protections for the children of Colorado.

(a.5)  The office and the judicial department shall operate pursuant to a

memorandum of understanding between the two entities. The memorandum of understanding contains, at a minimum:

(I)  A requirement that the office has its own personnel rules;


(II)  A requirement that the ombudsman has independent hiring and

termination authority over office employees;

(III)  A requirement that the office must follow judicial fiscal rules;


(IV)  A requirement that the office of the state court administrator shall offer

the office of the child protection ombudsman limited support with respect to:

(A) to (F)  Repealed.


(G)  Office space, facilities, and technical support limited to the building that

houses the office of the state court administrator; and

(V)  Any other provisions regarding administrative support that will help

maintain the independence of the office.

(VI)  Repealed.


(b)  The office and the related child protection ombudsman board,

established in subsection (2) of this section, shall operate with full independence. The board and office have complete autonomy, control, and authority over operations, budget, and personnel decisions related to the office, board, and ombudsman.

(c)  The office shall work cooperatively with the child protection ombudsman

board established in subsection (2) of this section, the department of human services and other child welfare organizations, as appropriate, to form a partnership between those entities and persons, parents, and the state for the purpose of ensuring the greatest protections for the children of Colorado.

(2) (a)  There is established an independent, nonpartisan child protection

ombudsman board. The board consists of twelve members and, to the extent practicable, must include persons from throughout the state and persons with disabilities and must reflect the ethnic diversity of the state. All members must have child welfare policy or system expertise or experience.

(b)  The board members must be appointed as follows:


(I)  The chief justice of the Colorado supreme court shall appoint:


(A)  An individual with experience as a respondent parents' counsel;


(B)  An individual with experience defending juveniles in court proceedings;


(C)  An individual with legal experience in dependency and neglect cases; and


(D)  An individual with experience in criminal justice involving children and

youth.

(II)  The governor shall appoint:


(A)  An individual with previous professional experience with a rural county

human or social services agency or a rural private child welfare advocacy agency;

(B)  An individual with previous professional experience with the department

of human services;

(C)  An individual with previous professional experience with an urban human

or social services agency or an urban private child welfare agency; and

(D)  An individual with experience in primary or secondary education.


(III)  The president and minority leader of the senate shall appoint:


(A)  An individual who was formerly a child in the foster care system; and


(B)  An individual with professional experience as a county and community

child protection advocate; and

(IV)  The speaker and the minority leader of the house of representatives

shall appoint:

(A)  A current or former foster parent; and


(B)  A health-care professional with previous experience with child abuse and

neglect cases.

(c)  Board members shall serve for terms of four years; except that the terms

shall be staggered so that no more than six members' terms expire in the same year. The appointing officials shall fill any vacancies on the board for the remainder of any unexpired term.

(d)  The board shall meet a minimum of two times per year and additionally as

needed. At least one meeting per year must be held outside of the Denver metropolitan area.

(e)  Board members shall serve without compensation but may be reimbursed

for actual and reasonable expenses incurred in the performance of their duties.

(f)  Expenses incurred for the board must be paid from the general operating

budget of the office of the child protection ombudsman.

(3)  The board has the following duties and responsibilities:


(a)  To oversee the following personnel decisions related to the ombudsman:


(I)  To appoint a person to serve as the child protection ombudsman and

director of the office. The board may also discharge an acting ombudsman for cause. A two-thirds majority vote is required to hire or discharge the ombudsman. The general assembly shall set the ombudsman's compensation, and such compensation may not be reduced during the term of the ombudsman's appointment.

(II)  Filling a vacancy in the ombudsman position;


(III)  Evaluating the ombudsman's performance as determined necessary

based on feedback received related to the ombudsman; and

(IV)  Developing a public complaint process related to the ombudsman's

performance;

(b)  To oversee and advise the ombudsman on the strategic direction of the

office and its mission and to help promote the use, engagement, and access to the office;

(c)  To work cooperatively with the ombudsman to provide fiscal oversight of

the general operating budget of the office and ensure that the office operates in compliance with the provisions of this article, the memorandum of understanding, and state and federal laws relating to the child welfare system;

(d) to (g)  (Deleted by amendment, L. 2016.)


(h)  To promote the mission of the office to the public; and


(i)  To provide assistance, as practicable and as requested by the

ombudsman, to facilitate the statutory intent of this article.

(4)  Meetings of the board are subject to the provisions of section 24-6-402,

C.R.S., except for executive personnel actions or meetings requiring the protection of confidentiality for children's or parents' personal data pursuant to the federal Child Abuse Prevention and Treatment Act, Pub.L. 93-247, and state privacy laws.

(5)  The records of the board and the office are subject to the provisions of

part 2 of article 72 of title 24, C.R.S.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 975, � 1,

effective May 14. L. 2014: (2)(a) amended, (SB 14-201), ch. 280, p. 1137, � 2, effective May 29. L. 2015: Entire section R&RE, (SB 15-204), ch. 264, p. 1022, � 1, effective June 2. L. 2016: (3) amended and (1)(a.5) added, (SB 16-013), ch. 102, p. 292, � 1, effective April 15. L. 2022: (1)(a), (2)(a), IP(2)(b), (2)(c), and (3)(a)(I) amended, (SB 22-013), ch. 2, p. 26, � 32, effective February 25. L. 2023: (1)(a.5)(VI) added, (SB 23-228), ch. 96, p. 362, � 4, effective April 20. L. 2025: (1)(a), (2)(a), and (3)(a)(I) amended, (SB 25-275), ch. 377, p. 2046, � 79, effective August 6; (1)(a), (2)(a), and (3)(a)(I) amended, (HB 25-1200), ch. 270, p. 1387, � 2, effective August 6.

Editor's note: Subsection (1)(a.5)(VI) provided for the repeal of subsections

(1)(a.5)(IV)(A) to (1)(a.5)(IV)(F) and (1)(a.5)(VI), effective July 1, 2024. (See L. 2023, p. 362.)

19-3.3-103.  Office of the child protection ombudsman - duties - access to

information - confidentiality - testimony - judicial review - definitions. (1) The ombudsman has the following duties, at a minimum:

(a)  To receive and conduct an independent and impartial investigation of

complaints concerning child protection services, including:

(I)  Complaints made by or on behalf of a child;


(II)  Complaints made by or on behalf of a child's or youth's family, caregiver,

or other concerned individual;

(III)  Complaints made by or on behalf of a child or youth pursuant to sections

19-2.5- 1502.5 (4)(c), 19-3-211 (5)(a), and 19-7-101 (2)(c)(II);

(IV)  Complaints about an incident of egregious abuse or neglect; near

fatality, as described in section 26-1-139; or a fatality of a child, as described in part 20.5 of title 25 and section 26-1-139;

(V)  Complaints concerning systemic issues, including, but not limited to,

statutory, budgetary, regulatory, and administrative issues affecting the safety of and outcomes for children, youth, and families receiving child protection services in Colorado; and

(VI)  Complaints raised by members of the community relating to child

protection policies or procedures.

(b) (I)  Notwithstanding any provision of this section to the contrary, the

ombudsman may self-initiate an independent and impartial investigation and ongoing review of the safety and well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, as defined in section 26-6-903, and who is in the custody of the office of refugee resettlement of the federal department of health and human services as set forth in 8 U.S.C. sec. 1232 et seq. The ombudsman may seek resolution of such investigation and ongoing review, which may include, but need not be limited to, referring an investigation and ongoing review to the state department or appropriate agency or entity and making a recommendation for action relating to an investigation and ongoing review.

(II) (A)  In self-initiating an investigation and ongoing review of the safety and

well-being of an unaccompanied immigrant child who lives in a state-licensed residential child care facility, the ombudsman has the authority to request, review, and receive copies of any information, records, or documents, including records of third parties, that the ombudsman deems necessary to conduct a thorough and independent investigation and ongoing review as described in subsection (1)(b)(I) of this section, without cost to the ombudsman.

(B)  A state-licensed residential child care facility shall notify the

ombudsman and the state department within three days after the arrival of each unaccompanied immigrant child.

(C)  The ombudsman may create and distribute outreach materials to a state-licensed residential child care facility and to individuals who may have regular

contact with an unaccompanied immigrant child.

(III)  As used in this subsection (1)(b), unaccompanied immigrant child

means a child under the age of eighteen years, without lawful immigration status in the United States, who has been designated an unaccompanied child and transferred to the custody of the office of refugee resettlement of the federal department of health and human services pursuant to federal law.

(2) (a)  In investigating a complaint described in subsection (1)(a) of this

section, the ombudsman shall:

(I)  Request, access, and review any information, documents, or records,

including records of third parties, the ombudsman deems necessary to conduct an independent and impartial investigation of complaints pursuant to section 19-3.3-103.4;

(II)  Seek resolution of a complaint, which may include, but is not limited to,

referring a complaint to the state department or appropriate agency or entity and making a recommendation for action relating to a complaint; and

(III)  Refer any complaints relating to the judicial department and judicial

proceedings, including, but not limited to, complaints concerning the conduct of judicial officers or attorneys of record, judicial determinations, and court processes and procedures, to the appropriate agency or entity. Nothing in this section grants the office the authority to access information, records, or documents to investigate a complaint made in regard to the provision of legal services by an independent judicial agency or its contractors.

(b) (I)  Notwithstanding subsection (2)(a)(I) of this section to the contrary, the

ombudsman shall not have access to:

(A)  Personnel files;


(B)  Work product;


(C)  Information, documents, or records that may be protected by an agency's

or entity's attorney-client privilege; or

(D)  Information, documents, or records that may be protected by an agency's

deliberative process privilege.

(II)  If an agency or entity withholds information, documents, or records

described in subsection (2)(b)(I) of this section from the ombudsman, the agency or entity shall communicate to the ombudsman that the information, documents, or records were withheld and the reasons for withholding the information, documents, or records.

(c)  The ombudsman may decline to investigate a complaint or continue an

investigation. If the ombudsman declines to investigate a complaint or continue an investigation, the office shall notify the complainant of the decision and the reason for the ombudsman's actions.

(3)  In addition to the duties described in subsection (1)(a) of this section, the

ombudsman has the following duties:

(a)  To report, as required by section 19-3.3-108, concerning the actions of the

ombudsman related to the goals and duties of the office;

(b)  To review the memorandum of understanding between the office and the

judicial department and renegotiate such memorandum of understanding at any time as the office and the judicial department mutually deem appropriate;

(c)  To act on behalf of the office and serve as signator for the office;


(d)  To ensure accountability and consistency in the operating policies and

procedures, including reasonable rules to administer the provisions of this article 3.3 and any other standards of conduct and reporting requirements as provided by law;

(e)  To serve or designate a person to serve on the youth restraint and

seclusion working group pursuant to section 26-20-110 (1)(i);

(f)  To review and evaluate the effectiveness and efficiency of any existing

grievance resolution mechanisms and to make recommendations to the general assembly, executive director, and any appropriate agency or entity for the improvement of the grievance resolution mechanisms;

 (g)  To help educate the public concerning issues and recommendations the

ombudsman identifies, including on child maltreatment and the role of the community in strengthening families and keeping children safe;

(h)  To promote best practices and effective programs relating to a publicly

funded child protection system and to work collaboratively with county departments, when appropriate, regarding improvement of processes; and

(i)  To recommend to the general assembly, the executive director, and any

appropriate agency or entity statutory, budgetary, regulatory, and administrative changes, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child protection services in Colorado. Recommendations may address issues the ombudsman identifies during the course of an investigation of complaints, as described in subsection (1)(a) of this section. The ombudsman's recommendations are subject to public disclosure pursuant to article 72 of title 24.

(4)  Nothing in this article 3.3 directs or authorizes the ombudsman to

intervene in any criminal or civil judicial proceeding or to interfere in a criminal investigation.

(5)  In the performance of the ombudsman's duties, the ombudsman shall act

independently of any public agency or provider that receives public money and that may adversely affect the safety, permanency, or well-being of a child or youth, including the division within the department of early childhood that is responsible for child care, the divisions within the state department that are responsible for child welfare or youth services, the county departments of human or social services, and all judicial and independent agencies. Any recommendations made by the ombudsman or positions taken by the ombudsman do not reflect those of any public agency, including the department of early childhood, state department, judicial department and independent agencies, or county departments of human or social services.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 976, � 1,

effective May 14. L. 2014: IP(1) and IP(2) amended, (SB 14-201), ch. 280, p. 1137, � 3, effective May 29. L. 2015: (1)(a)(I)(A), (1)(a)(II)(B), (1)(c), (2)(b), (2)(e), (3), and (5) amended, (SB 15-204), ch. 264, pp. 1026, 1031, �� 2, 15, effective June 2. L. 2016: (1)(b) and (1)(c) amended and (1)(d), (1)(e), and (1)(f) added, (SB 16-013), ch. 102, p. 294, � 2, effective April 15. L. 2017: (5) amended, (HB 17-1329), ch. 381, p. 1978, � 43, effective June 6. L. 2018: (1)(e) and (1)(f) amended and (1)(g) added, (HB 18-1010), ch. 25, p. 283, � 4, effective March 7. L. 2021: (1)(a)(I), (1)(a)(II), (2)(d), and (2)(e) amended and (2)(f) added, (HB 21-1272), ch. 324, p. 1984, � 1, effective June 24; (1)(a.5) added, (HB 21-1313), ch. 416, p. 2768, � 1, effective July 2. L. 2022: (1)(a)(II)(D), (1)(a.5)(I), (3), and (5) amended, (HB 22-1295), ch. 123, p. 836, � 42, effective July 1. L. 2025: Entire section amended, (HB 25-1200), ch. 270, p. 1387, � 3, effective August 6.

19-3.3-103.4.  Office of the child protection ombudsman - access to

information. (1) (a) (I) In investigating a complaint, the office has the authority to request, access, and review any information, records, or documents, including records of third parties, that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a). In the investigation of a complaint or event described in section 19-3.3-103 (1)(a) that occurs in the state, the office must have access to information, records, or documents that either the state department, the department of early childhood, or a county department would be entitled to access or receive.

(II)  The ombudsman shall not have access to information, documents, or

records described in section 19-3.3-103 (2)(b)(I).

(b) (I) The office must have access to all information, records, or documents

that the office deems necessary to conduct a thorough and independent review of a complaint or event described in section 19-3.3-103 (1)(a) occurring in the state from any entity, including, but not limited to, a coroner's office, law enforcement agency, hospital, court, the office of state registrar of vital statistics described in section 25-2-103, and a state-licensed out-of-home placement provider, as defined in section 26-5-104.

(II)  The ombudsman shall not have access to information, documents, or

records described in section 19-3.3-103 (2)(b)(I).

(c) (I) In the course of investigating a complaint described in section 19-3.3-103 (1)(a) that is related to a child fatality, near fatality, or incident of egregious

abuse or neglect against a child, as defined in section 26-1-139 (2), upon request, the state department of human services' child fatality review team, pursuant to section 26-1-139 (5)(e), shall provide the office the final confidential, case-specific review report.

(II) In the course of investigating a complaint described in section 19-3.3-103

(1)(a) that is related to a child fatality, upon request, the department of public health and environment's child fatality prevention review team, pursuant to section 25-20.5-405, shall provide the office with the nonidentifying case review findings and recommendations.

(2) (a)  The state department shall ensure the office has unrestricted access

to TRAILS, as defined in section 26-5-118.

(b)  For educational purposes, the state department shall ensure office

employees are permitted to attend the child welfare training academy established in section 26-5-109.

(3) The office shall request, review, and receive copies of records as

described in subsection (1) of this section without cost if electronic records are not available.

(4) Nothing in this section grants subpoena power to the ombudsman,

employees of the office, and any other person acting on behalf of the office for purposes of investigating a complaint described in section 19-3.3-103 (1)(a).

Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1392, � 4,

effective August 6.

Editor's note: Several provisions of this section are similar to former � 19-3.3-103 (1)(a)(II) as it existed prior to 2025. For a detailed comparison, see the

comparative tables located in the back of the index.

19-3.3-103.5.  Office of the child protection ombudsman - confidentiality.

(1) The ombudsman, employees of the office, and any person acting on behalf of the office shall comply with all state and federal confidentiality laws that govern the department of early childhood, the state department, or a county department with respect to the treatment of confidential information or records and the disclosure of such information and records.

(2) (a) The office shall treat all complaints received pursuant to section 19-3.3-103 (1)(a) as confidential, including the identities of complainants and

individuals from whom information is acquired; except that disclosures may be permitted if the ombudsman deems it necessary to enable the ombudsman to perform the ombudsman's duties and to support any recommendations resulting from an investigation.

(b)  Records relating to complaints received by the office and the

investigation of complaints are exempt from public disclosure pursuant to article 72 of title 24.

(c) The ombudsman and any employee or person acting on behalf of the

ombudsman shall not be compelled to provide oral and written testimony in a civil or criminal proceeding in which the ombudsman is not a legal party. Information, records, or documents requested and reviewed by the ombudsman pursuant to this section are not subject to a subpoena issued to the ombudsman, discovery from the ombudsman, or introduction into evidence through the ombudsman in a civil or criminal proceeding in which the ombudsman is not a legal party. Nothing in this subsection (2)(a) restricts or limits the right to discover or use in a civil or criminal action evidence that is discoverable independent of the proceedings of the ombudsman.

Source: L. 2025: Entire section added, (HB 25-1200), ch. 270, p. 1392, � 4,

effective August 6.

Editor's note: Subsections (2)(a) and (2)(c) are similar to former � 19-3.3-103

(1)(a)(I)(B) and (1)(a)(I)(C), respectively, as they existed prior to 2025.

19-3.3-104.  Qualified immunity. The ombudsman and employees or persons

acting on behalf of the office are immune from suit and liability, either personally or in their official capacities, for any claim for damage to or loss of property, or for personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred within the scope of employment, duties, or responsibilities pertaining to the office, including but not limited to issuing reports or recommendations; except that nothing in this section shall be construed to protect such persons from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of that person.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 978, � 1,

effective May 14. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1032, � 16, effective June 2.

19-3.3-105.  Advisory work group - development of plan for autonomy and

accountability - repeal. (Repealed)

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 978, � 1,

effective May 14. L. 2014: Entire section R&RE, (SB 14-201), ch. 280, p. 1135, � 1, effective May 29.

Editor's note: Subsection (6) provided for the repeal of this section, effective

July 1, 2016. (See L. 2014, p. 1135.)

19-3.3-106.  Award of contract - extension - repeal. (Repealed)


Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 979, � 1,

effective May 14. L. 2014: (1)(a) amended, (SB 14-201), ch. 280, p. 1137, � 4, effective May 29. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1027, � 3, effective June 2.

Editor's note: Subsection (4) provided for the repeal of this section, effective

July 1, 2016. (See L. 2015, p. 1027.)

19-3.3-107.  Child protection ombudsman program fund - created - repeal.

(Repealed)

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 980, � 1,

effective May 14. L. 2015: (4) amended and (5) added, (SB 15-204), ch. 264, p. 1027, � 4, effective June 2.

Editor's note: Subsection (5) provided for the repeal of this section, effective

July 1, 2016. (See L. 2015, p. 1027.)

19-3.3-108.  Office of the child protection ombudsman - annual report. (1)

On or before September 1 of each year, commencing with the September 1 following the first fiscal year in which the office was established, the ombudsman shall prepare a written report that must include, but need not be limited to, information from the preceding fiscal year and any recommendations concerning the following:

(a)  Actions taken by the ombudsman relating to the duties of the office set

forth in section 19-3.3-103;

(b)  Statutory, regulatory, budgetary, or administrative changes relating to

child protection, including systemic changes, to improve the safety of and promote better outcomes for children and families receiving child welfare services in Colorado;

(c)  Results of the ombudsman's self-initiated investigation and ongoing

review of the safety and well-being of an unaccompanied immigrant child who is housed in a state-licensed residential child care facility, as described in section 19-3.3-103.

(d)  Updates on outreach efforts to state-licensed residential child care

facilities and facilities established and operated by the department of human services as described in section 19-3.3-113 (2)(c).

(2)  Notwithstanding section 24-1-136 (11)(a)(I), the ombudsman shall

distribute the written report to the governor, the chief justice, the board, and the general assembly. The ombudsman shall present the report to the health and human services committees of the house of representatives and of the senate, or any successor committees.

(3)  The ombudsman shall post the annual report on the office of the child

protection ombudsman's website and the general assembly's website.

(4)  The ombudsman shall present or communicate quarterly updates to the

board on the activities of the office.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 980, � 1,

effective May 14. L. 2015: IP(1), (1)(a), (2), and (3) amended, (SB 15-204), ch. 264, pp. 1028, 1027, �� 7, 5, effective June 2. L. 2016: (2) amended and (4) added, (SB 16-013), ch. 102, p. 295, � 3, effective April 15. L. 2017: (2) amended, (SB 17-234), ch. 154, p. 521, � 6, effective August 9. L. 2021: IP(1) amended and (1)(c) added, (HB 21-1313), ch. 416, p. 2769, � 2, effective July 2. L. 2025: (1)(d) added, (HB 25-1200), ch. 270, p. 1396, � 6, effective August 6.

19-3.3-109.  Review by the state auditor's office. At the discretion of the

legislative audit committee, the state auditor shall conduct or cause to be conducted a performance and fiscal audit of the office.

Source: L. 2010: Entire article added, (SB 10-171), ch. 225, p. 981, � 1, effective

May 14. L. 2014: Entire section amended, (SB 14-201), ch. 280, p. 1138, � 5, effective May 29. L. 2015: Entire section amended, (SB 15-204), ch. 264, p. 1028, � 8, effective June 2. L. 2016: Entire section amended, (SB 16-013), ch. 102, p. 295, � 4, effective April 15.

19-3.3-110.  Funding recommendations. The ombudsman shall make funding

recommendations to the joint budget committee of the general assembly for the operation of the office of the child protection ombudsman. The general assembly shall make annual appropriations, in such amount and form as the general assembly determines appropriate, for the operation of the office.

Source: L. 2015: Entire section added, (SB 15-204), ch. 264, p. 1028, � 6,

effective June 2.

19-3.3-111.  Task force to prevent youth from running from out-of-home

placement - creation - membership - duties - report - definitions - repeal. (Repealed)

Source: L. 2022: Entire section added, (HB 22-1375), ch. 384, p. 2742, � 1,

effective June 7. L. 2023: (1)(d) and (3)(a)(VII)(F) amended, (HB 23-1301), ch. 303, p. 1822, � 24, effective August 7.

Editor's note: Subsection (8) provided for the repeal of this section, effective

June 30, 2025. (See L. 2022, p. 2742.)

19-3.3-112.  Systems and tools to prevent children or youth from running

away - residential child care facility - report - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Child or youth who has run away means a child or youth who has left

and remains away from a residential child care facility without permission.

(b)  Residential child care facility has the same meaning as set forth in

section 26-6-903.

(2) (a)  The office shall conduct a statewide inventory survey of the physical

infrastructure of residential child care facilities to address, at a minimum:

(I)  The physical infrastructure currently in place to deter children and youth

from running away; and

(II)  The physical infrastructure needed to deter children and youth from

running away.

(b)  The office shall consult with the state department to develop the

inventory survey. Physical infrastructure needs may include, but are not limited to, the use of delayed egress locks, alarms, fencing, signs, and lighting.

(3)  On or before July 1, 2026, the office shall submit a report to the health

and human services committees of the house of representatives and the senate, or their successor committees, that summarizes the results of the physical infrastructure survey of residential child care facilities conducted pursuant to subsection (2)(a) of this section.

Source: L. 2025: Entire section added, (SB 25-151), ch. 70, p. 305, � 2,

effective April 10.

Cross references: For the legislative declaration in SB 25-151, see section 1

of chapter 70, Session Laws of Colorado 2025.

19-3.3-113.  Office of the child protection ombudsman - access to state-licensed residential child care facilities and facilities - education of children and

youth in state-licensed residential child care facilities and facilities. (1) (a) A state-licensed residential child care facility and a facility shall provide physical access to their facilities pursuant to this subsection (1)(a). The office may only access a state-licensed residential child care facility or a facility in coordination with the facility directors:

(I)  In response to a request from a child or youth residing in the state-licensed residential child care facility or facility;


(II)  In response to a request from a child's or youth's family member,

caregiver, or other concerned individual; or

(III)  To distribute materials pursuant to subsection (2)(a) of this section.


(b)  A state-licensed residential child care facility or facility shall not deny

the office access to the state-licensed residential child care facility or facility to carry out the office's duties as described in this section or section 19-3.3-103.

(c)  Dependent upon available resources and at the discretion of the

ombudsman, the office may meet with the child or youth via a confidential, virtual meeting.

(d)  Upon a child's or youth's request, the state-licensed residential child care

facility or facility shall provide a private and confidential space for the child or youth to meet with the ombudsman, an office employee, or a person acting on behalf of the ombudsman.

(e)  The ombudsman, an employee of the office, or a person acting on behalf

of the ombudsman is subject to the protocol and policies of each state-licensed residential child care facility and facility.

(2) (a)  The office shall create and distribute outreach materials to state-licensed residential child care facilities and facilities. The materials must contain

information on how to access the office, the office's services, and how to file a complaint with the office.

(b)  Each state-licensed residential child care facility and facility shall display

the materials described in subsection (2)(a) of this section in a location visible to children or youth receiving services from the residential child care facility or facility.

(c)  The office shall supply the materials described in subsection (2)(a) of this

section at the office's expense. The office shall provide updates on outreach efforts in its annual report described in section 19-3.3-108.

(d)  The office shall coordinate with each state-licensed residential child care

facility and facility to provide in-person educational courses to children and youth residing in the facilities on how to access the office, the office's services, and how to file a complaint with the office.

(3)  The office and each state-licensed residential child care facility or facility

shall operate pursuant to a memorandum of understanding between the office and each residential child care facility or facility. The memorandum of understanding must, at a minimum, require that:

(a)  The office provides each state-licensed residential child care facility or

facility with notice of a child's or youth's request to visit with the ombudsman within forty-eight business hours after receiving the request;

(b)  The state-licensed residential child care facility or facility provides the

ombudsman access to a facility and a private, confidential space to meet with a child or youth within five business days after the office receives the child's or youth's request to meet;

(c)  The office provides the state-licensed residential child care facility or

facility with notice at least five business days before the office would like to enter the state-licensed residential child care facility or facility to distribute materials p

C.R.S. § 2-2-2301

2-2-2301. Legislative declaration. (1) (a) The general assembly finds, determines, and declares that:

(I)  The legacy of slavery, racial discrimination, and systemic racism has

harmed Black Coloradans and continues to harm Black Coloradans in material ways. Black individuals and communities, whose unpaid labor formed the basis for wealth and power in this country, are owed the opportunity and resources to build wealth and power for themselves. Like many western states, Colorado is widely perceived as historically abstinent from participating in slavery. However, slavery was only fully abolished in the Colorado constitution in 2018.

(II)  Colorado demonstrates a track record of racial discrimination, resulting

directly in racial disparities. The Ku Klux Klan wielded great influence and power in Denver and in state politics in the 1920s. Major Colorado towns such as Denver, Grand Junction, Pueblo, and Canon City were hotbeds of Klan activity. The Klan in Colorado peaked in 1925. By this time, it had infiltrated all levels of the state government. The Klan controlled many members of the legislature, held a state supreme court judgeship and seven Denver district court benches, and had controlling majorities in some town councils. Some of the most notable klansmen at the time included the mayor and police chief of Denver and the governor of Colorado.

(III)  The impact of those in power transpires into policies, systems, and

practices adopted at the state level. Those policies, systems, and practices are built upon over decades and further ingrain inequities that have a disparate impact on Black Coloradans.

(IV)  In 2020, the home ownership gap between Black and white Coloradans

was thirty-one percent. Just twenty-five percent of adult Black Coloradans have earned a postsecondary degree or credential, while ninety-one and four-tenths percent of tier one jobs identified in the Colorado workforce development council's 2022 talent pipeline report and seventy and four-tenths percent of tier two jobs require a postsecondary credential. In Colorado, Black individuals constitute five percent of the population but seventeen percent of those in jail and eighteen percent of those in prison. At thirteen and seven-tenths percent unemployment, Black workers in Colorado faced higher unemployment rates than other racial groups surveyed between May 2021 and April 2022. Black Coloradans experience a wide array of negative health outcomes at rates that are disproportionate to white Coloradans in the following areas: Food insecurity, infant mortality, childhood asthma, diabetes, and HIV and AIDS. The average Black Coloradan has a life expectancy nearly three years fewer than the average white Coloradan.

(V)  Disparities in both K-12 education and postsecondary training, including

higher education and workforce training; home ownership; health disparities and access to health care; and a systemically unjust criminal justice system, combined with police brutality, have contributed to a reality in which half of Black families in Colorado are considered low-income. A lack of access to economic mobility and financial prosperity has impacted Black Coloradans for generations. Black Coloradans' lost earnings and assets detract from Colorado's labor force and tax base, as well as the growth of Colorado's economy.

(VI)  Racial equity studies are tools used to qualify and quantify past

discrimination and recommend certain corrective measures as may be warranted by the study's findings.

(b)  Therefore, the general assembly declares that an independent study

must be conducted and a steering committee be created in the state historical society to determine the extent to which Black Coloradans have experienced and continue to experience racial discrimination directly linked to harmful practices, systems, and policies of the state and to quantify the economic impacts of any discrimination discovered during the study.

Source: L. 2024: Entire part added, (SB 24-053), ch. 368, p. 2472, � 1,

effective August 7.

C.R.S. § 22-1-123

22-1-123. Protection of student data - parental or legal guardian consent for surveys. (1) As used in this section, education records and directory information shall have the same meanings as those terms are defined in the federal Family Educational Rights and Privacy Act of 1974, as amended, 20 U.S.C. sec. 1232g and education records shall include an individualized education program.

(2)  A school district shall comply with the provisions of 20 U.S.C. sec. 1232g

(a) and 34 CFR 99 if a parent or legal guardian of a student either requests the education records of the student or requests an amendment or other change to the education records after reviewing them.

(3)  A school district shall not release the education records of a student to

any person, agency, or organization without the prior written consent of the parent or legal guardian of the student except as otherwise permitted in 20 U.S.C. sec. 1232g (b).

(4)  A school district shall not release directory information to any person,

agency, or organization without first complying with the provisions of 20 U.S.C. sec. 1232g (a)(5)(B) related to allowing a parent or legal guardian to prohibit such release without prior consent.

(5) (a)  A school district shall comply with 20 U.S.C. sec. 1232h. A school or

school district employee who requires participation in a survey, assessment, analysis, or evaluation in a public school's curriculum or other official school activity shall obtain the written consent of a student's parent or legal guardian before giving the student any survey, assessment, analysis, or evaluation intended to reveal information, whether the information is personally identifiable or not, concerning the student or the student's parent's or legal guardian's:

(I)  Political affiliations;


(II)  Mental and psychological conditions potentially embarrassing to the

student or the student's family;

(III)  Sexual behavior and attitudes;


(IV)  Illegal, anti-social, self-incriminating, or demeaning behavior;


(V)  Critical appraisals of individuals with whom a student has close family

relationships;

(VI)  Legally recognized privileged or analogous relationships, such as those

of lawyers, physicians, and members of the clergy;

(VII)  Income, except as required by law;


(VIII)  Social security number; or


(IX)  Religious practices, affiliations, or beliefs.


(b)  The requirement of written consent pursuant to this subsection (5)

applies throughout a public school's curriculum and other school activities; except that the requirement of written consent does not apply to a student's participation in an assessment administered pursuant to part 10 of article 7 of this title. In implementing this subsection (5), the school or school district and employees shall ensure that their first responsibility is to students and their parents and shall allow only minimal use of students' academic time by institutions, agencies, or organizations outside the school or school district to gather information from students.

(c)  Written consent pursuant to this subsection (5) is valid only if the school

district has given a parent or legal guardian written notice of the survey, assessment, analysis, or evaluation, has made a copy of the document available for viewing at convenient locations and times, and has given the parent or legal guardian at least two weeks, after receipt of the written notice, to obtain written information concerning:

(I)  Records or information that may be examined and requested in the survey,

analysis, or evaluation;

(II)  The means by which the records or information shall be examined

reviewed, or disseminated;

(III)  The means by which the information is to be obtained;


(IV)  The purposes for which the records or information is needed;


(V)  The entities or persons, regardless of affiliation, who will have access to

the information; and

(VI)  A method by which a parent or legal guardian of a student can grant or

deny permission to access or examine the records or information.

(d)  Nothing in this subsection (5) shall be construed to prevent a public

school employee from reporting known or suspected child abuse or neglect pursuant to section 19-3-304, C.R.S.

(e)  Nothing in this subsection (5) shall be construed to prevent a student who

is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, analysis, or evaluation without obtaining the written consent of such student's parent or legal guardian as long as such participation without parental consent is not otherwise prohibited by federal law.

(f)  Nothing in this subsection (5) shall be construed to limit the ability of a

health professional who is acting as an agent of the school district from evaluating an individual child.

(g)  Nothing in this subsection (5) limits the ability of a school district to

administer a suicide assessment or threat assessment.

(6)  If a school district sends a form to a parent or legal guardian requesting

written consent for the school district to release personally identifiable information concerning that parent's or legal guardian's child in education records other than directory information, such consent shall be valid under this section only if the form contains notice to the parent or legal guardian regarding:

(a)  The specific records to be released;


(b)  The specific reasons for such release;


(c)  The specific identity of any person, agency, or organization requesting

such information and the intended uses of the information;

(d)  The method or manner by which the records will be released; and


(e)  The right to review or to receive a copy of the relevant records to be

released.

(7) (a)  Consent for release of information pursuant to this section shall be

valid only for the specific instance for which it was given.

(b)  A general consent for a student to participate in any course or part of a

course, in a school activity, in any special education program, or in any other school program does not constitute written consent pursuant to this section.

(c)  Consent forms obtained pursuant to this section shall be retained by the

school district.

(8)  Any right accorded to a parent or legal guardian pursuant to this section

shall transfer to the relevant student when that student attains the age of eighteen years.

(9)  A school district shall, at the beginning of each academic year, provide to

a parent or legal guardian of each student in the school district written notice of the rights contained in this section.

(10)  The provisions of this section shall apply to any public school in the

state, regardless of whether the public school receives any federal funds.

(11)  The state board of education shall adopt such rules as may be necessary

to implement this section.

(12)  If an individual licensed, certified, endorsed, or authorized by the state

board is found by the state board to have knowingly and intentionally violated the provisions of this section, the department of education may suspend or revoke such individual's license, master certificate, endorsement, or authorization for a period not less than ninety days.

(13)  Nothing in this section shall be construed to prevent a school or a school

district from releasing education records to the extent authorized by 20 U.S.C. sec. 1232g (b) and any other applicable federal law.

Source: L. 2000: Entire section added, p. 1096, � 1, effective August 2. L.

2003: (1) amended, p. 1806, � 1, effective August 6. L. 2004: (12) amended, p. 1283, � 11, effective May 28. L. 2012: (5)(a), (5)(b), and (5)(c) amended and (5)(g) added, (SB 12-036), ch. 273, p. 1443, � 1, effective August 8. L. 2015: (5)(b) amended, (HB 15-1323), ch. 204, p. 719, � 18, effective May 20.

C.R.S. § 22-1-139

22-1-139. Accessible district profile reports - school climate reports and surveys - reporting - definition. (1) (a) On or before August 31, 2024, the department of education shall work to develop easily accessible, user-friendly profile reports for each school district and the charter school institute. The reports must be made easily accessible to the general public through a link on the department of education's website; updated annually; and disaggregated by gender, grade level, ethnicity, disability, English language learner status, free and reduced-price lunch status, and homeless status to the maximum extent possible in compliance with the Colorado Privacy Act, established pursuant to part 13 of article 1 of title 6, the federal Family Educational Rights and Privacy Rights Act of 1974, 20 U.S.C. sec. 1232g, and the Student Data Transparency and Security Act created pursuant to article 16 of this title 22. To prepare the profile reports, the department of education shall collect the individual student data described in subsection (1)(b) of this section. The department of education shall maintain strict standards for student data privacy, comply with standards for reporting data for a student with an accommodation pursuant to section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. sec. 701 et seq., as amended, and its implementing regulations, or a student with an individualized education plan, and shall not publicly report individual student data for any purpose, including as part of the district profile reports.

(b)  The profile reports must include, but are not limited to:


(I)  Chronic absenteeism rates;


(II)  The number of in-school and out-of-school suspensions;


(III)  The number of expulsions;


(IV)  The number of students handcuffed;


(V)  The number of referrals to law enforcement. As used in this section,

referrals to law enforcement means when a school employee proactively calls, summons, or requests a law enforcement official, including a school resource officer, to:

(A)  Respond to an incident on school grounds involving a possible violation of

local, state, or federal law;

(B)  Engage with a student or third party on school grounds who is creating a

potentially dangerous situation; or

(C)  Enforce a local, state, or federal rule, regulation, or law on school

grounds, in a school vehicle, or at a school activity or school-sanctioned event;

(VI)  The number of school-related arrests, including an arrest that occurs on

school grounds, in a school vehicle, or at a school activity or school-sanctioned event;

(VII)  The number of students restrained; and


(VIII)  The number of students placed in seclusion.


(2) (a)  The district profiles must include data collected pursuant to section

22-2-112 (1)(u)(I) and any other existing district-level measures that the department of education determines relevant and related to school climate. In developing the profiles, the department of education shall consult with stakeholders, including members of the state advisory council for parent involvement in education, created in section 22-7-303; members of the Colorado special education advisory committee appointed pursuant to section 22-20-104 (2)(a); stakeholders who represent the disability community; K-12 advocates and students; and representatives of associations representing school executives, school boards, special education directors, charter schools, and teachers.

(b)  The department of education may consult with state and national

organizations or other states with expertise in measuring and improving students' experiences at school. By December 31, 2023, the department of education may make recommendations to the state board of education and the general assembly for additional indicators to consider for inclusion in the district profile report, including, but not limited to, measures of student engagement, students' emotional and physical safety and sense of belonging, and teachers' perspectives of learning conditions. Recommendations may also leverage information learned from pilot and grant programs related to improving students' experiences in school.

(3)  Beginning in the 2023-24 school year, the department of education shall

annually collect information concerning school climate surveys administered to students or families, or school climate tools utilized by schools and school districts, including which survey or tool is used, if any, and how the results of such surveys are made publicly accessible, if at all. The department of education shall include this information in the district profile reports.

Source: L. 2022: Entire section added, (HB 22-1376), ch. 243, p. 1798, � 1,

effective May 26. L. 2025: (1)(b)(VII) amended, (HB 25-1248), ch. 251, p. 1259, � 2, effective May 24.

C.R.S. § 22-102-106

22-102-106. Pilot program coordinator - evaluation of pilot program - student impacts and outcomes. (1) The department shall employ or contract with a pilot program coordinator to oversee the implementation of the pilot program across the pilot schools. The pilot program coordinator must be a school social worker who shall work with each pilot school's team of school mental health professionals. The duties of the pilot program coordinator include, at a minimum:

(a)  Coordinating data collection and program evaluation requirements with

the professional program evaluator retained pursuant to subsection (2) of this section;

(b)  Serving as a contact person and resource for teams of school mental

health professionals in the pilot schools;

(c)  Helping pilot schools identify successful practices for recruiting and

retaining mental health professionals;

(d)  Sharing best practices relating to the pilot program and its

implementation at the pilot schools; and

(e)  Ensuring fidelity to the goals of the pilot program across the pilot

schools.

(2) (a)  The department shall select a professional program evaluator to

complete a preliminary evaluation of the pilot program on or before September 1 of the second full school year of implementation of the pilot program and a final evaluation of the pilot program to be completed on or before September 1 immediately following the conclusion of the final school year of the pilot program. Subject to available appropriations or gifts, grants, or donations for the four-year term of the pilot program, the department shall contract with the evaluator in the school year prior to the implementation of the pilot program in the pilot schools to create a process for the collection and transmission of data and information to the evaluator to ensure that the evaluator has the data and information necessary to complete the preliminary and final reports concerning the impact and outcomes of the pilot program. The pilot program evaluator, in conjunction with the department, shall select a group of control schools that have school characteristics and student demographics similar to those of the pilot schools to serve as a control group for purposes of evaluating the impacts and outcomes of the pilot program on participating students and pilot schools. Data collected for pilot schools and control group schools must include data from school climate and healthy schools surveys for any grade in which such surveys have been created.

(b)  The department shall select a professional program evaluator that has

the knowledge and skills necessary to evaluate the effectiveness of services provided by the pilot program and the resulting impacts and outcomes of the pilot program on the student cohorts participating in the pilot program. The department is encouraged, but is not required, to contract with a state institution of higher education to complete the evaluation of the pilot program.

(c)  The department and the pilot schools shall cooperate fully with the pilot

program evaluator's collection and analysis of data and information relating to the pilot program's impact and outcomes. The department, pilot schools, the pilot program coordinator, and the contracted evaluator shall comply with all state and federal laws relating to the confidentiality of academic and medical records of students and shall provide aggregated data where appropriate.

(d)  The pilot program evaluator shall determine the impact of the pilot

program on students' academic, mental, social-emotional, and physical health and well-being. The evaluator shall collect and analyze data relating to student and school outcomes, which outcomes may include:

(I)  The increase or decrease in students' disciplinary referrals, either within

the pilot school, or pilot school's district, if relevant, or with law enforcement, and the increase or decrease in students adjudicated delinquent within the pilot school's district;

(II)  The increase or decrease in students' lost instruction time due to

disciplinary action or visits to the school nurse or school counselor;

(III)  The increase or decrease in excused and unexcused absences and

truancy;

(IV)  The increase or decrease in overall student performance on statewide

assessments, by grade;

(V)  The increase or decrease in the student cohorts' grade point average, by

grade;

(VI)  The increase in access to supportive services for students and their

families, as evidenced by:

(A)  An increase in the number or percentage of students identified as

eligible for free or reduced-price meals, by grade;

(B)  An increase in employment outcomes for students' families;


(C)  An increase or decrease in students' food security as demonstrated by an

increase or decrease in the number or percentage of students participating in the federal supplemental nutrition assistance program;

(D)  An increase or decrease in the number or percentage of eligible students

accessing public benefits;

(E)  An increase or decrease in the pilot schools' awareness of or involvement

with domestic violence or child abuse issues affecting students;

(F)  Impact on the school's learning environment and changes to the school

climate during the operation of the pilot program and evaluation of school climate;

(G)  The reduction in adverse childhood experiences or the positive resolution

of adverse childhood experiences, if available;

(H)  The reduction in youth suicide and attempted suicide; and


(VII)  Any other relevant data and information relating to pilot program

outcomes and impacts as determined by the pilot program evaluator.

Source: L. 2019: Entire article added, (HB 19-1017), ch. 156, p. 1851, � 1,

effective August 2. L. 2020: (2)(a) amended, (HB 20-1418), ch. 197, p. 943, � 10, effective June 30. L. 2022: (2)(a) amended, (HB 22-1390), ch. 237, p. 1751, � 18, effective May 26.

Cross references: For the legislative declaration in HB 20-1418, see section 1

of chapter 197, Session Laws of Colorado 2020. For the legislative declaration in HB 22-1390, see section 1 of chapter 237, Session Laws of Colorado 2022.

C.R.S. § 22-13-203

22-13-203. School leadership program - created - participation - rules. (1) There is created in the department of education the school leadership program to provide embedded, experiential professional development to improve the quality of school principals and empower them to exercise distributive and collaborative leadership that supports collaboration among the professional educators in the school building. The purpose of the program is to increase educator retention, improve school climate and culture, and improve student academic outcomes by improving the quality of leadership in public schools. The program must include identification of high-quality school principals and the opportunity for other school principals from school districts throughout the state to observe and interact with the identified high-quality school principals and to receive professional development in leadership skills to learn the critical practices of the high-quality school principals in successful public schools.

(2)  The department shall design the program during the 2019-20 budget

year and begin implementation of the program no later than July 2020. The department may contract with an entity with demonstrated, successful experience in providing training to school principals in distributive and collaborative leadership in Colorado or in other states to assist in designing and implementing the program. In selecting an entity, the department shall first consider entities that provide successful school leadership programs in Colorado that are similar to the program described in this section. The department shall ensure that the program design includes:

(a)  The method for identifying high-quality school principals and selecting a

cohort of school principals from public elementary, middle, and high schools across the state who apply to participate in the professional development provided by the program;

(b)  The learning objectives and goals of the program, which must at a

minimum include improving and enhancing positive school climate and culture and implementing distributive and collaborative leadership among the professional educators within a school;

(c)  The methods for achieving the learning objectives and goals, which must

include direct observation of and interaction with identified high-quality school principals and experiential professional development in implementing distributive and collaborative leadership, developing collaboration among the professionals within the entire school building, and other leadership skills; and

(d)  The method for evaluating the success of the program in meeting the

learning objectives and goals and in meeting the purpose described in subsection (1) of this section, including increasing educator retention, improving the school climate and culture, and improving student academic outcomes. The department may take into account information received through the teaching and learning conditions survey administered pursuant to section 22-2-503 in evaluating the success of the program; except that the department shall take the information into account in a year in which the response rate on the survey is at least sixty percent.

(3)  A school principal who seeks to receive training through the program

must submit an application to the department in accordance with the time frames and procedures adopted by rule of the state board. The state board by rule shall specify the required contents of the application, which at a minimum must include evidence that the school principal's employer and building staff support the school principal's participation in the program.

(4)  The department, or the entity with which the department contracts, if

any, shall select the school principals to receive professional development through the program for the 2020-21 and 2021-22 budget years, based on applications received pursuant to subsection (3) of this section. In selecting school principals to receive professional development through the program, the department and the entity, at a minimum, shall consider the level of performance, as determined pursuant to section 22-11-210, achieved by the public school at which the applying school principal is employed and any evidence that indicates the likelihood that a program of distributive and collaborative leadership would be successful in improving educator retention, school climate and culture, and student academic outcomes at the public school at which the applying school principal is employed. In selecting participants for the program, the department or the entity, to the extent practicable, shall select school principals employed in public elementary, middle, and high schools located in rural, suburban, and urban school districts throughout the state who are representative of the racial and gender demographics across the state. The department or the entity may select two or more school principals from a single school district.

(5)  Repealed.


(6)  The general assembly shall annually appropriate up to two hundred fifty

thousand dollars to the department for the implementation of this part 2, including money to pay the costs of designing and implementing the program, which may include the cost of contracting with an entity as authorized in subsection (2) of this section.

Source: L. 2019: Entire part added, (HB 19-1002), ch. 405, p. 3581, � 1,

effective May 31. L. 2022: (1) and (6) amended and (5) repealed, (HB 22-1248), ch. 213, p. 1407, � 2, effective May 24.

C.R.S. § 22-14-101

22-14-101. Legislative declaration. (1) The general assembly hereby finds that:

(a)  The state of Colorado has placed a high priority on reducing the number

of student dropouts in Colorado, including establishing the goal of decreasing the high school dropout rate by half by the 2017-18 academic year;

(b)  The Colorado department of education reports that the statewide

graduation rate for Colorado high schools for the 2006-07 school year was seventy-five percent, an improvement of nine-tenths of a percentage point over the previous school year;

(c)  Although the overall graduation rate may have improved, serious gaps

continue to exist in the graduation rates among ethnic and economic groups and, overall, twenty-five percent of the high school students in Colorado are not graduating from high school within four years;

(d)  Students with disabilities also continue to achieve a significantly lower

graduation rate than other student groups. The graduation rate for Colorado students with disabilities is sixty-three and seven-tenths percent, compared with a statewide graduation rate of seventy-five percent.

(e)  According to the 2007 Colorado youth risk behavior survey,

approximately one out of ten students did not go to school one or more days in a thirty-day period because they felt unsafe at school or in traveling to or from school. This statistic indicates that, to improve student attendance and graduation rates, schools and school districts must address school safety issues as well as student learning and engagement issues.

(f)  Studies clearly show that a student's level of education attainment will

directly influence the student's level of achievement and success throughout the rest of his or her life;

(g)  The national center for education statistics reports that, in comparing

employment rates and levels of education attainment across the country, in 2005, the unemployment rate for persons who dropped out of high school was seven and six-tenths percent, compared to an overall average unemployment rate for all education levels of four percent; and

(h)  Studies further show that students who drop out of school are more likely

to be involved in crime or delinquency and to lose lifelong opportunities for personal achievement, resulting in economic and social costs to the state.

(2)  The general assembly therefore concludes that:


(a)  It is imperative that the department of education create an office of

dropout prevention and student re-engagement to provide focus, coordination, research, and leadership to assist local education providers in implementing coordinated efforts to reduce the high school dropout rate and increase the high school graduation and completion rates and the levels of student engagement and re-engagement;

(b)  To significantly reduce the statewide dropout rate and increase the rates

of student engagement and re-engagement, the office of dropout prevention and student re-engagement must also provide leadership in creating and facilitating systemic approaches that involve intersystem collaboration between local education providers and the foster care and child welfare systems, the juvenile justice system, the division of youth services in the department of human services, institutions of higher education, career and technical education providers, adult basic education, general educational development certificate, and English-as-a-second-language programs, offices of workforce development, school-based student support personnel, expanded learning opportunity and family education programs, general educational development programs, and facility schools.

Source: L. 2009: Entire article added, (HB 09-1243), ch. 290, p. 1406, � 1,

effective May 21.

C.R.S. § 22-14-109.5

22-14-109.5. Ninth-grade success grant program - created - criteria - use of grant money - appropriation - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a)  Charter school means a charter school authorized by a school district

pursuant to part 1 of article 30.5 of this title 22 or an institute charter school authorized by the state charter school institute pursuant to part 5 of article 30.5 of this title 22.

(b)  Program means the ninth-grade success grant program created in this

section.

(c)  Small rural school district means a school district in Colorado that the

department determines is rural based on the geographic size of the school district and the distance of the school district from the nearest large, urbanized area, and that enrolls fewer than one thousand students in kindergarten through twelfth grade.

(d)  Student group has the same meaning as provided in section 22-11-103.


(e)  Success team means a cross-disciplinary team of ninth-grade teachers

and support staff as described in subsection (5) of this section.

(2) (a)  There is created in the department the ninth-grade success grant

program to provide funding to local education providers and charter schools to implement a ninth-grade success program, as described in subsection (5) of this section, to assist students enrolled in ninth grade to develop the skills they need to successfully persist to high school graduation and succeed in their education and professional careers.

(b)  Notwithstanding any provision of this section to the contrary, an

alternative education campus designated pursuant to section 22-7-604.5 may not apply for or receive money or services through a grant awarded pursuant to this section.

(3) (a)  A local education provider or charter school that serves students

enrolled in grades nine through twelve and that chooses to apply for a grant through the program must submit a grant application to the department in accordance with rules adopted by the state board. A local education provider or charter school that is selected to receive a grant must, as a condition of accepting the grant, provide a grant match, which may include in-kind contributions, in an amount set by the state board, which amount must not exceed:

(I)  Fifteen percent of the grant amount for a local education provider that is a

small rural school district or for a charter school; and

(II)  Twenty-five percent of the grant amount for all other local education

providers.

(b)  A grant application at a minimum must include:


(I)  The applicant's four-year graduation rate for the three preceding school

years;

(II)  Whether the applicant has a data system that allows school leaders and

teachers real-time access to integrated data concerning a student's behavior, attendance, and grades and allows comparison of the data across demographic categories and student groups;

(III)  For a local education provider, designation of the schools in which the

local education provider will use the grant money to implement ninth-grade success teams;

(IV)  Indication of the applicant's ability to provide the required grant match

and any type and value of in-kind contribution that the applicant may provide; and

(V)  Any additional information required by rule of the state board that assists

the department in determining the likelihood that, in implementing the success teams, the applicant will be successful in improving the success of students enrolled in ninth grade.

(4) (a)  The department shall review each of the applications received

pursuant to this section and recommend to the state board applicants to receive grants and the amount, duration, and grant match amount of each recommended grant. Beginning in the 2019-20 budget year, the state board, subject to available appropriations, shall award the grants, taking into consideration the recommendations of the department. In awarding a grant, the state board shall specify the amount and duration of the grant and the amount of the grant match, including any type of in-kind contribution, that the grant recipient must provide.

(b)  The department and the state board, in recommending and awarding

grants, shall prioritize applicants that:

(I)  Have a four-year graduation rate that, over the preceding three school

years, has consistently ranked within the lowest twenty percent of the four-year graduation rates for public high schools in the state;

(II)  Propose programming focused on evidence-informed, as defined in

section 22-2-146.6, mathematics skills, intervention strategies, and acceleration strategies, including a focus on students who are below grade level or struggling in mathematics; and

(III)  Have academic achievement levels in mathematics that are consistently

ranked the lowest for public high schools in the state, as determined by the department.

(c)  To the extent practicable, the state board shall also ensure that the grant

recipients vary in student population size and are located in urban, suburban, and rural areas throughout the state.

(d)  The department shall not use more than eight percent of state funds to

administer the grant program.

(5)  A local education provider or charter school that receives a grant through

the program must use the grant money to implement a ninth-grade success program that, at a minimum, must include the following elements:

(a) (I)  Creating and implementing a cross-disciplinary success team of ninth-grade teachers and support staff, which must include at least one school counselor,

school mental health professional, or school social worker. To the extent practicable, a success team must include all of the ninth-grade teachers who teach core courses, as defined in section 22-11-503.5. The local education provider or charter school shall designate a member of the success team to serve as the success team leader and reduce the team leader's workload to a level that allows the team leader sufficient time to complete the leadership duties, which include team logistics, preparing team meeting agendas, and facilitating team meetings.

(II)  The success team must meet at least every two weeks, to the extent

practicable, throughout the school year to collaborate on identifying and implementing strategies to improve outcomes for ninth-grade students who are found to be at risk of dropping out of school before graduation and to address systems-level barriers to success for all ninth-grade students. The strategies must be informed by data concerning, at a minimum, ninth-grade students' behavior, attendance, and grades across demographic categories and student groups. The local education provider or charter school shall allow success team members time during the work day for planning and collaboration or provide incentives to meet outside of the work day.

(b)  Organizing the school staff to ensure that, to the extent practicable, the

ninth-grade classes are taught by a single group of teachers who teach only or mostly ninth-grade classes;

(c)  Implementing a data system that provides real-time access to integrated

data concerning a student's behavior, attendance, and grades and provides the ability to compare the data across demographic categories and student groups;

(d)  Identifying and prioritizing services, such as work-based learning, for

ninth-grade students who are at risk of academic failure in ninth grade;

(e)  Providing instructional support for ninth-grade students including

attendance support, content-specific academic interventions, tutoring, course-completion programs, social-emotional learning, and trauma-informed instruction;

(f)  Ensuring that school leadership, guidance counselors, and key members

of the success team receive and review data on all incoming ninth-grade students and plan course work and supports for the students based on the data received;

(g)  Ensuring that all ninth-grade teachers receive data concerning the

incoming ninth-grade students before the start of the school year and receive professional development concerning how to use the data to inform instruction for the students. To the extent possible, the local education provider or charter school shall ensure that middle school teachers provide information to ninth-grade teachers concerning the incoming ninth-grade students.

(h)  Providing summer orientation for incoming ninth-grade students and their

parents to introduce students to the behavioral and academic expectations of high school; and

(i)  Evaluating with rigor the impact of the interventions provided through the

ninth-grade success program on student attendance, behavior, course completion, academic results, discipline rates, teacher surveys, student surveys, dropout rates, and graduation rates as the information becomes available for ninth-grade students who receive interventions through the program.

(6)  The general assembly may annually appropriate money to the

department to implement the program, including money from the marijuana tax cash fund created in section 39-28.8-501. In addition, the department may accept and expend gifts, grants, or donations from private or public sources for the purposes of the program; except that the department may not accept a gift, grant, or donation if it is subject to conditions that are inconsistent with this article or any other law of the state.

(7) (a)  Each local education provider and charter school that receives a grant

through the program shall submit to the department, in accordance with the reporting timelines specified in rules of the state board, information concerning the implementation of the ninth-grade success program and the evaluation of the impact, as described in subsection (5)(i) of this section, in total and disaggregated by student group. The department shall specify the information to be reported to enable the department to prepare the report required in subsection (7)(b) of this section.

(b)  On or before March 15, 2022, and on or before March 15 each year

thereafter, the department shall prepare and submit to the state board and to the education committees of the house of representatives and the senate, or any successor committees, a report of the ninth-grade success programs implemented using grants received through the program. At a minimum, the report shall:

(I)  Specify the grant recipients and the amount and duration of the grants

awarded;

(II)  Describe the ninth-grade success programs that are implemented using

the grant money; and

(III)  Provide a summary of the evaluations of the impact of the interventions

provided through the ninth-grade success programs, as described in subsection (5)(i) of this section, in total and disaggregated by student group.

(c)  Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the report

required in subsection (7)(b) of this section continues indefinitely.

(7.5)  For the 2023-24 budget year, the general assembly shall appropriate

one million six hundred thousand dollars from the general fund to the department for purposes of the program.

(7.7) (a)  For the 2024-25 state fiscal year through the 2027-28 state fiscal

year, the general assembly shall annually appropriate two million dollars from the state education fund to the department for purposes of this section.

(b)  The general assembly declares that for the purposes of section 17 (4) of

article IX of the state constitution, providing funding to the department for the purposes of the ninth-grade success grant program is an accountable program to meet state academic standards, and therefore the department may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution for this purpose.

(c) (I)  Any one-time technology-associated costs in fiscal year 2024-25 are

exempt from the administrative cap pursuant to subsection (4) of this section.

(II)  This subsection (7.7)(c) is repealed, effective January 1, 2026.


(8)  Repealed.


Source: L. 2019: Entire section added, (SB 19-246), ch. 151, p. 1789, � 7,

effective May 10. L. 2022: (5)(d) amended, (SB 22-140), ch. 357, p. 2563, � 10, effective July 1. L. 2023: (4) amended and (7.5) added, (HB 23-1231), ch. 190, p. 948, � 11, effective May 15. L. 2024: (7.7) added and (8) repealed, (HB 24-1282), ch. 204, p. 1243, � 1, effective May 18; (4)(d) amended, (SB 24-188), ch. 235, p. 1477, � 16, effective May 23.

Cross references: For the legislative declaration in SB 22-140, see section 1

of chapter 357, Session Laws of Colorado 2022. For the legislative declaration in SB 24-188, see section 1 of chapter 235, Session Laws of Colorado 2024.

C.R.S. § 22-2-136

22-2-136. Additional duty - state board - individual career and academic plans - standards - rules. (1) (a) The state board shall promulgate rules pursuant to the State Administrative Procedure Act, article 4 of title 24, to establish standards for individual career and academic plans for students enrolled in the public schools in the state.

(b)  An individual career and academic plan must be designed to assist a

student and the student's parent or legal guardian in exploring the postsecondary career and educational opportunities available to the student, including apprenticeship programs registered through the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by that office; aligning course work and curriculum; applying to postsecondary education institutions; securing financial aid; and ultimately entering the workforce. As part of the process of establishing the individual career and academic plan, the student and the student's parents must be made aware of the importance of completing the free application for federal student aid or the Colorado application for state financial aid, or successor forms for accessing federal and state financial aid, and be provided help in completing the forms, if requested.

(2)  In establishing the standards for individual career and academic plans,

the state board shall ensure, at a minimum, that:

(a)  Each individual career and academic plan includes a career planning and

guidance component and a portfolio that reflects, at a minimum:

(I)  The student's efforts in exploring careers, including interest surveys that

the student completes;

(II)  The student's academic progress, including the courses taken, any

remediation or credit recovery, and any concurrent enrollment credits earned;

(III)  For district charter schools and institute charter schools that choose to

administer the developmental education placement or assessment tests, the student's scores on the developmental education placement or assessment tests administered pursuant to section 22-30.5-117 or 22-30.5-526, any intervention plan created for the student pursuant to those sections, and the student's progress in meeting the intervention plan;

(IV)  The student's progress in visual arts and performing arts courses;


(V)  The student's experiences in contextual and service learning;


(VI)  The student's college applications and resume, as they are prepared and

submitted; and

(VII)  The student's postsecondary studies as the student progresses;


(b)  Each individual career and academic plan is accessible to educators,

students, and parents;

(c)  Each public school, in assisting students and parents in creating and

maintaining the individual career and academic plans, is in compliance with the requirements of the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. sec. 1232g; and

(d) (I)  Beginning with the 2027-28 school year, each individual career and

academic plan includes a requirement that, during the student's graduation year, the student has exposure to federal financial aid eligibility tools and net price calculators and practices filling out a free application for federal student aid or the Colorado application for state financial aid.

(II)  Notwithstanding subsection (2)(d)(I) of this section, a student is not

required to practice filling out a free application for federal student aid or the Colorado application for state financial aid if:

(A)  The student or the student's parent or legal guardian affirmatively

declines to practice filling out the application; or

(B)  Authorized school personnel determines it is not feasible for the student

to practice filling out an application.

Source: L. 2009: Entire section added, (SB 09-256), ch. 294, p. 1557, � 17,

effective May 21. L. 2010: (2)(a)(II.5) added, (HB 10-1273), ch. 233, p. 1021, � 4, effective May 18. L. 2012: (2)(a) amended, (HB 12-1345), ch. 188, p. 728, � 17, effective May 19. L. 2019: (2)(a)(III) amended, (HB 19-1206), ch. 133, p. 599, � 5, effective April 25. L. 2021: (1) amended, (HB 21-1200), ch. 284, p. 1688, � 5, effective September 7. L. 2023: (1) amended, (HB 23-1212), ch. 197, p. 1004, � 2, effective August 7. L. 2025: (2)(a)(III) amended, (SB 25-222), ch. 100, p. 449, � 3, effective April 24; (2)(b) and (2)(c) amended and (2)(d) added, (HB 25-1192), ch. 239, p. 1206, � 2, effective August 6.

Cross references: For the legislative declaration in the 2010 act adding

subsection (2)(a)(II.5), see section 1 of chapter 233, Session Laws of Colorado 2010. For the legislative declaration in the 2012 act amending subsection (2)(a), see section 11 of chapter 188, Session Laws of Colorado 2012. For the legislative declaration in HB 19-1206, see section 1 of chapter 133, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1200, see section 1 of chapter 284, Session Laws of Colorado 2021. For the legislative declaration in HB 25-1192, see section 1 of chapter 239, Session Laws of Colorado 2025.

C.R.S. § 22-2-503

22-2-503. Teaching and learning conditions survey. (1) Subject to available appropriations, the department shall administer a biennial teaching and learning conditions survey, referred to in this section as the survey, to all preschool teachers, elementary teachers, secondary teachers, and education support professionals in public schools of the state. The survey must be designed to assess, at a minimum:

(a)  Teaching and learning conditions as predictors of student achievement;


(b)  The correlation, if any, between teaching and learning conditions and

teacher retention;

(c)  The relationship, if any, between teaching and learning conditions and

school administration; and

(d)  The relationship, if any, between teaching and learning conditions and

measures of school climate, as experienced by students and teachers.

(2)  The survey results may be used by schools, school districts, the

department, state policymakers, and researchers as a resource for:

(a)  School and program design;


(b)  Professional development programs;


(c)  School improvement plans;


(d)  School district continuous improvement programs;


(e)  State education reform initiatives concerning achievement gaps, teacher

gaps, dropout rates, and graduation rates;

(f)  Other analyses to inform school improvement efforts; and


(g)  Improving ways to measure and improve school climate and teaching and

learning environments.

Source: L. 2008: Entire part added, p. 1362, � 1, effective May 27. L. 2009:

IP(1) amended, (SB 09-214), ch. 24, p. 111, � 1, effective March 18. L. 2021: IP(1) amended, (HB 21-1087), ch. 484, p. 3469, � 2, effective July 7. L. 2022: IP(1), (1)(b), (1)(c), (2)(e), and (2)(f) amended and (1)(d) and (2)(g) added, (HB 22-1376), ch. 243, p. 1800, � 3, effective May 26.

C.R.S. § 22-30-119

22-30-119. Certificate of return - map. (1) After the county clerk and recorder in each county in which the special school district organization election is held has surveyed the returns of such election, a certificate of return shall be retained on file in each office of the county clerk and recorder.

(2)  If the majority vote in each affected school district is in favor of the final

approved plan of organization and any increase in the mill levy to be imposed on territory affected by the plan of organization is approved by the eligible electors residing within the affected territory, the plan of organization shall be deemed adopted. If the plan of organization is adopted and it results in creation of a new school district, the county clerk and recorder in each county in which the special school district organization election was held shall furnish to the commissioner a map and legal description of the new school district with the name and number by which the same shall be designated. If the plan of organization is adopted and it results in the detachment and annexation of territory between existing school districts, the county clerk and recorder in each county in which the special school district organization election was held shall furnish to the commissioner a map and legal description of the affected school districts following detachment and annexation of the territory.

Source: L. 92: Entire article R&RE, p. 504, � 1, effective June 1. L. 96: Entire

section amended, p. 56, � 8, effective July 1.

Editor's note: This section is similar to former � 22-30-123 as it existed prior

to 1992.

C.R.S. § 22-31-105

22-31-105. School directors - number - election - term - plan of representation. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), in each school district, regardless of when the school district was organized, five, six, or seven school directors shall be elected, the number having been established as required by law. The school directors shall be elected at regular biennial school elections, each for a term of four years and until a successor has been elected and qualified; except that any school district that elects directors for terms of six years as of July 1, 1999, may continue electing directors for terms of six years until such time as the term length may be changed as provided in subsection (3) of this section.

(b)  In each school district coterminous with a city and county, there shall be

elected a seven-member board of education with one eligible elector elected from each of five director districts and two eligible electors elected from the district at large. School directors shall be elected at the respective regular biennial school elections, each for a term of four years and until a successor has been elected and qualified. Elections shall be held in accordance with the procedures established in section 22-31-131.

(2)  Except as otherwise provided in section 22-31-131 (1.5)(b)(I) and

subsection (6.5) of this section, all school directors shall be voted on at large by the eligible electors of the entire school district, regardless of the school district's plan of representation.

(3) (a)  The board of education of any school district in which the directors

serve six-year terms may, by resolution passed by a majority of the whole board, submit to the eligible electors of the school district, at the next regular biennial school election, a proposal to change the terms of office of the directors of the district from six years to four years. The proposed plan shall be adopted by resolution of the board at least one hundred ten days prior to the election.

(b)  Upon receipt of a written petition that meets the requirements specified

in this paragraph (b), the board of education of any school district in which the directors serve six-year terms shall submit to the eligible electors of the school district, at the next regular biennial school election, a proposal to change the terms of office of the directors of the district from six years to four years. The petition shall be signed by at least five percent of the eligible electors of the district, and the proposed plan, specifying terms of office and establishing the procedure for making the transitions, shall be attached thereto. The petition, together with the proposed plan, shall be submitted to the secretary of the board of education at least one hundred ten days prior to the election.

(c)  No proposal to change the terms of office of the directors of the district

shall be submitted within four years after a previous proposal to change the terms of office has been submitted to the eligible electors of the district.

(d)  The secretary of the board of education shall cause notice to be given

pursuant to section 1-5-205, C.R.S., that at the next biennial election for school directors a plan revising the terms of office of school directors will be submitted to the eligible electors of the district. The notice shall state that the plan is on file in the administration offices of the school district for public inspection during reasonable business hours; and the notice may be combined with the notice otherwise required for the election of school directors at the regular biennial school election.

(e)  The ballot shall contain the words For a four-year term of office for

school directors and Against a four-year term of office for school directors. Otherwise, the ballots and election procedures shall be the same as prescribed for the regular biennial school election.

(f)  If a majority of the votes cast at the election are For a four-year term of

office for school directors, the plan shall become effective upon the survey of election returns. If a majority of the votes cast are Against a four-year term of office for school directors, the school directors of the district shall continue to be elected or appointed as prescribed in this section.

(4) (a)  The board of education of a school district may, by resolution passed

by a majority of the whole board, submit to the eligible electors of the school district, at the next regular biennial school election, a proposal to change the number of directors; except that the school district shall not elect fewer than five nor more than seven directors. The proposal shall be adopted by resolution of the board at least one hundred ten days prior to the election. As provided in subsection (7) of this section, the board of education may simultaneously adopt a resolution to submit a proposal to change the school district plan of representation; except that, if the existing school directors are elected pursuant to a director district plan of representation, the board of education shall simultaneously adopt a resolution to submit a proposal to either change the boundaries of the director districts to reflect the change in the number of directors or change the school district plan of representation to adopt an at-large plan of representation or a combined director district and at-large plan of representation.

(b)  Upon receipt of a written petition that meets the requirements specified

in this paragraph (b), the board of education of a school district shall submit to the eligible electors of the school district, at the next regular biennial school election, a proposal to change the number of directors; except that the school district shall not elect fewer than five nor more than seven directors. As provided in subsection (7) of this section, the persons submitting the petition may simultaneously submit a petition to change the school district plan of representation. If the existing school directors are elected pursuant to a director district plan of representation and no change to the school district plan of representation is submitted by petition, the board of education shall adopt a resolution to submit a proposal to either change the boundaries of the director districts to reflect the change in the number of directors or change the school district plan of representation to adopt an at-large plan of representation or a combined director district and at-large plan of representation. Any petition submitted pursuant to this paragraph (b) shall be signed by at least five percent of the eligible electors of the district and shall be submitted to the secretary of the board of education at least one hundred ten days prior to the election.

(c)  The secretary of the board of education shall cause notice to be given

pursuant to section 1-5-205, C.R.S., that at the next regular biennial election for school directors a proposal to change the number of directors and the school district plan of representation, if submitted or adopted pursuant to paragraph (a) or (b) of this subsection (4), will be submitted to the eligible electors of the district.

(d)  The ballot shall contain the words For changing the number of school

directors from ___ to _ (and for the proposed change to the director district plan of representation) and Against changing the number of school directors from ___ to _ (and against the proposed change to the director district plan of representation). Otherwise the ballots and election procedures shall be the same as prescribed for the regular biennial school election.

(e)  If a majority of the votes cast on the question are For changing the

number of school directors from ___ to _ (and for the proposed change to the director district plan of representation), the plan shall become effective for the election of school directors at subsequent regular biennial school elections. If a majority of the votes cast are Against changing the number of school directors from ___ to _ (and against the proposed change to the director district plan of representation), there shall continue to be the same number of school directors operating under the same plan of representation in such district as existed prior to the election.

(5) (a)  In any school district in which the terms of office of the directors

expire on a schedule that does not create as close to the same number of offices to be filled at each regular biennial school election as possible, the board of education may, by resolution passed by a majority of all members of the board of education, extend or reduce for two years one or more terms of directors to be elected at the next regular biennial school election as necessary to achieve thereafter as close to the same number of offices to be filled at each regular biennial school election as possible. The extension or reduction of terms of office shall occur only once; thereafter, all terms of the members of the board of directors shall be equal.

(b)  In determining which term or terms to extend or reduce, the board of

education shall select, first, the term or terms for which an early election is scheduled at the next regular biennial school election due to the occurrence of a vacancy in the office of school director and, second, the term or terms regularly expiring at the next succeeding regular biennial school election. In the event it is necessary for the board of education to select between two or more terms of equal priority for extension or reduction under this subsection (5), the determination shall be by lot.

(c)  The resolution extending or reducing the terms of office shall be adopted

not less than one hundred ten days prior to the next regular biennial school election. A candidate shall run for and, if elected, shall serve the term as is appropriate for the director district in which the candidate resides; however, if the school district has an at-large plan of representation or a combined director district and at-large plan of representation, each candidate shall run for and, if elected, shall serve for the designated term as provided for in section 1-4-803 (3), C.R.S.

(6) (a)  The board of education of any school district that desires to propose a

change in its plan of representation may submit a plan to implement such change to the eligible electors of the school district at any regular biennial school election or at a special school election called by the board for that purpose. A change in the plan of representation may consist of the adoption of a director district plan of representation, the elimination of a director district plan of representation and replacement with an at-large plan of representation, or the adoption of a plan of representation that combines director districts with an at-large plan of representation. The plan shall be adopted by the board of education at least one hundred ten days prior to the election.

(b)  The eligible electors of any school district who desire to propose the

adoption of any change to the school district plan of representation specified in paragraph (a) of this subsection (6) may petition the board of education of the school district to submit a plan to implement the change to the eligible electors of the district at any regular biennial school election. The petition shall be signed by at least five percent of the eligible electors of the school district, and the proposed plan of representation shall be attached thereto. The petition, together with the proposed plan, shall be submitted to the secretary of the board of education of the school district at least one hundred ten days prior to the election. If the plan meets statutory requirements, the board of education shall submit the plan to the eligible electors of the school district at the next regular biennial school election.

(c)  A director district plan of representation developed pursuant to

paragraph (a) or (b) of this subsection (6) shall be subject to the specifications prescribed in section 22-31-109.

(d)  The secretary of the board of education shall cause notice to be given on

the question of whether the existing plan of representation shall be replaced by the plan of representation proposed in the manner provided in paragraph (a) or (b) of this subsection (6), pursuant to section 1-5-205, C.R.S., which shall include that the plan of representation is available at the administration offices of the school district for public inspection during reasonable business hours.

(e)  The ballot shall contain the words For the proposed director district plan

of representation and Against the proposed director district plan of representation, or For the proposed at-large plan of representation and Against the proposed at-large plan of representation, or For the proposed combined director district and at-large plan of representation and Against the proposed combined director district and at-large plan of representation, as the case may be. Otherwise, the ballots and election procedures shall be, as nearly as practicable, as prescribed for a regular biennial school election.

(f)  If a majority of the votes cast at the election are for the proposed plan of

representation, the plan shall become effective upon the survey of election returns; but no plan of representation shall terminate the office of any school director elected at or prior to the election at which the plan is submitted. The plan shall be effective after the election for subsequent vacancies and the election of school directors at any subsequent regular biennial school election. In the event that, as a result of the adoption of a plan of representation, two or more members of the board of education reside in the same new director district and the office of any one of the members thereafter becomes vacant, the vacancy shall be filled by the appointment of an eligible elector residing in a director district that does not then have a representative on the board of education. If the majority of the votes cast at the election are against the proposed plan of representation, the school directors of the district shall continue to be elected or appointed as provided under the existing plan of representation, except as otherwise provided in section 22-31-110.

(6.5) (a)  The board of education of any school district that desires to have all

or some members of the board of education elected by the vote of eligible electors within a director district rather than at-large may submit a plan to implement such change to the eligible electors of the school district at any regular biennial school election or at a special school election called by the board for that purpose. A change in the method for electing members of the board of education may consist of the adoption of a director district plan of representation or the adoption of a plan of representation that combines director districts with an at-large plan of representation. The plan shall be adopted by the board of education at least one hundred ten days prior to the election.

(b)  The eligible electors of any school district who desire to propose the

adoption of any change in the manner of the election of members of the board of education specified in paragraph (a) of this subsection (6.5) may petition the board of education of the school district to submit a plan to implement the change to the eligible electors of the district at any regular biennial school election. The petition shall be signed by at least five percent of the eligible electors of the school district, and the proposed plan of election shall be attached thereto. The petition, together with the proposed plan, shall be submitted to the secretary of the board of education of the school district at least one hundred ten days prior to the election. If the plan meets statutory requirements, the board of education shall submit the plan to the eligible electors of the school district at the next regular biennial school election.

(c)  A plan of election developed pursuant to paragraph (a) or (b) of this

subsection (6.5) shall be subject to the specifications prescribed in section 22-31-109.

(d)  The secretary of the board of education shall cause notice to be given on

the question of whether the existing plan of representation shall be replaced by the plan of representation proposed in the manner provided in paragraph (a) or (b) of this subsection (6.5), pursuant to section 1-5-205, C.R.S., which shall include notice that the plan of election is available at the administration offices of the school district for public inspection during reasonable business hours.

(e)  The ballot shall contain the words For the proposed election of directors

by the electors of a director district and Against the proposed election of directors by the electors of a director district. Otherwise, the ballots and election procedures shall be, as nearly as practicable, as prescribed for a regular biennial school election.

(f)  If a majority of the votes cast at the election are for the proposed plan of

election, the plan shall become effective upon the survey of election returns; but no plan of election shall terminate the office of any school director elected at or prior to the election at which the plan is submitted. The plan shall be effective after the election for subsequent vacancies and the election of school directors at any subsequent regular biennial school election. In the event that, as a result of the adoption of a plan of representation, two or more members of the board of education reside in the same new director district and the office of any one of the members thereafter becomes vacant, the vacancy shall be filled by the appointment of an eligible elector residing in a director district that does not at that time have a representative on the board of education. If the majority of the votes cast at the election are against the proposed plan of election, the school directors of the district shall continue to be elected or appointed as provided under the existing plan of election, except as otherwise provided in section 22-31-110.

(7) (a)  A resolution by a board of education of a school district or a petition of

the eligible electors of a school district may propose any of the issues specified in subsections (3) to (6.5) of this section for consideration in one election.

(b)  Any plan to change the number of director districts adopted pursuant to

this section shall provide, if necessary, that the term of office of one or more directors to be elected at a subsequent regular biennial school election may be less than otherwise prescribed by law, in order to preserve the election of approximately the same number of directors at each regular biennial school election.

Source: L. 64: p. 594, � 5. C.R.S. 1963: � 123-31-5. L. 67: p. 788, �� 1-3. L. 75:

(9) added, p. 696, � 1, effective March 17. L. 87: (7)(a) to (7)(c) amended, p. 311, � 38, effective July 1. L. 91: (7)(a) and (7)(b) amended, p. 522, � 2, effective April 19. L. 92: (7.5) added and (8)(a) and (8)(b) amended, p. 515, � 2, effective June 1; (4.5) added and (7)(a)(II) amended, p. 478, � 1, effective June 4; entire article amended, p. 814, � 31, effective January 1, 1993. L. 93: (4.5), (7)(a)(II), and (9)(c) amended, p. 1781, � 46, effective June 6. L. 99: Entire section R&RE, p. 468, � 2, effective April 30. L. 2004: (2) and (7)(a) amended and (6.5) added, p. 534, � 1, effective August 4.

Editor's note: Amendments to subsection (7) in Senate Bill 92-175 and House

Bill 92-1333 were harmonized. Amendments to subsections (7.5), (8)(a), and (8)(b) in House Bill 92-1003 and House Bill 92-1333 were harmonized.

C.R.S. § 22-31-134

22-31-134. Validation. All school elections and all acts and proceedings had or taken, or purportedly had or taken, prior to June 2, 1971, by or on behalf of any school district, under law or under color of law, preliminary to and in the holding and survey of all school elections are hereby validated, ratified, approved, and confirmed, notwithstanding any lack of power, authority, or otherwise, and notwithstanding any defects or irregularities in such elections, acts, and proceedings.

Source: L. 71: p. 1151, � 10. C.R.S. 1963: � 123-31-35. L. 92: Entire article

amended, p. 837, � 31, effective January 1, 1993.

ARTICLE 32

School District Boards - Powers

and Duties

Cross references: For standards of conduct for directors, see article 18 of

title 24; for authority for a school district to operate a system of public recreation and playgrounds and television relay translator facilities, see � 29-7-102.

Law reviews: For article, Drug Testing of Student Athletes: Some Contract

and Tort Implications, see 67 Den. U. L. Rev. 279 (1990).

C.R.S. § 22-32-124

22-32-124. Building codes - zoning - planning - fees - rules - definitions. (1) (a) Prior to the acquisition of land or any contracting for the purchase thereof, the board of education of the school district in which the land is located shall consult with and advise in writing the planning commission, or governing body if no planning commission exists, that has jurisdiction over the territory in which the site is proposed to be located in order that the proposed site shall conform to the adopted plan of the community insofar as is feasible. In addition, the board of education shall submit a site development plan for review and comment to the planning commission or governing body prior to construction of any structure or building. The planning commission or governing body may request a public hearing before the board of education relating to the proposed site location or site development plan. The board of education shall thereafter promptly schedule the hearing, publish at least one notice in advance of the hearing, and provide written notice of the hearing to the requesting planning commission or governing body.

(b)  Prior to the acquisition of land for school building sites or construction of

any buildings thereon, the board of education of the school district in which the land is located also shall consult with the Colorado geological survey regarding potential swelling soil, mine subsidence, and other geologic hazards and to determine the geologic suitability of the site for its proposed use.

(c)  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 in the department of public safety, referred to in this section as the division.

(c.5)  In constructing buildings and structures, a school district, district

charter school, or institute charter school may consult the guidelines adopted by the public school capital construction assistance board pursuant to section 22-43.7-106 (2)(a).

(d)  Nothing in this subsection (1) shall be construed to limit the authority of a

board of education to finally determine the location of the public schools of the school district and construct necessary buildings and structures.

(1.5) (a)  Prior to contracting for a facility, a charter school shall advise in

writing the planning commission, or governing body if no planning commission exists, which has jurisdiction over the territory in which the site is proposed to be located. The relevant planning commission or governing body may request the charter school to submit a site development plan for the proposed facility, but must issue such request, if any, within ten days after receiving the written advisement. If requested by the relevant planning commission or governing body, the charter school, acting on behalf of its sponsoring school board, shall submit such a site development plan. The relevant planning commission or governing body may review and comment on such plan to the governing body of the charter school, but must do so, if at all, within thirty days after receiving such plan. The relevant planning commission or governing body, if not satisfied with the response to such comments, may request a hearing before the board of education regarding such plan. Such hearing shall be held, if at all, within thirty days after the request of the relevant planning commission or governing body. The charter school then may proceed with its site development plan unless prohibited from doing so by school board resolution.

(b)  An institute charter school authorized pursuant to part 5 of article 30.5 of

this title shall proceed pursuant to the provisions of this subsection (1.5). Notwithstanding the provisions of paragraph (a) of this subsection (1.5) to the contrary, the relevant planning commission or governing body may request a hearing before the state board of education. The institute charter school then may proceed with its site development plan unless prohibited from doing so by the state board of education.

(2) (a) (I) (A)  This subsection (2) shall apply to building or structure

construction. Except as specified in subparagraph (II) of this paragraph (a), the division shall conduct the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, perform final inspections, and issue certificates of occupancy to assure that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the building and fire codes adopted by the director of the division and that the school district or charter school, whichever is appropriate, has complied with the provisions of paragraph (b) of subsection (1) of this section. Pursuant to this sub-subparagraph (A), the division may contract with third-party inspectors that are certified in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. The affected board of education, state charter school institute, or charter school may hire and compensate third-party inspectors under contract with the division 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 board of education, state charter school institute, or charter school 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 division shall require a sufficient number of third-party inspection reports to be submitted by the inspector to the division based upon the scope of the project to ensure quality inspections are performed. Except as specified in sub-subparagraph (B) of this subparagraph (I), the third-party inspector shall attest that inspections are complete and all violations are corrected before the board of education, state charter school institute, or charter school is issued a certificate of occupancy. Inspection records shall be retained by the third-party inspector for two years after the certificate of occupancy is issued. If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the appropriate board of education, state charter school institute, or charter school pursuant to section 24-33.5-1213, C.R.S.

(B)  If inspections are not completed and a building requires immediate

occupancy, and if the board of education, state charter school institute, or charter school 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 (B) pursuant to section 24-33.5-1213, C.R.S.

(II)  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 (B) of subparagraph (I) of this paragraph (a), to ensure that a building or structure constructed pursuant to subsection (1) or (1.5) of this section has been constructed in conformity with the building and fire codes adopted by the director of the division, and 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 prequalification. An affected board of education, state charter school institute, or charter school 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 building 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.

(III)  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.

(IV)  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, unless the context otherwise requires, certified fire inspector has the same meaning as set forth in section 24-33.5-1202 (2.5), C.R.S.

(V)  If the building or structure is in conformity with the building and fire

codes adopted by the director of the division, and if the appropriate 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 school district or by the institute charter school. The division is authorized to charge a fee to cover the actual, reasonable, and necessary costs of the inspections of buildings and structures. The amount of the fee shall be determined by the director of the division by rule, on the basis of the direct cost of providing the service.

(VI)  If the division authorizes building code inspections by a third-party

inspector pursuant to subparagraph (I) of this paragraph (a) or authorizes building code plan reviews and inspections by an appropriate building department pursuant to subparagraph (II) of this paragraph (a), the plan reviews and inspections shall be in lieu of any plan reviews and inspections made by the division; except that this subsection (2) 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 subsection (2) shall be construed to require a county, town, city, city and county, or fire department to conduct building code plan reviews and inspections.

(b) (I)  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 subsection (1) or (1.5) of this section 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. The fees shall cover the actual, reasonable, and necessary expenses of the division. 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. Any fees collected by the division pursuant to this paragraph (b) shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S.

(II)  Any moneys remaining as of December 31, 2009, in the public safety

inspection fund created pursuant to 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 this paragraph (b) 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.

(c)  (Deleted by amendment, L. 2009, (HB 09-1151), ch. 230, p. 1045, � 1,

effective January 1, 2010.)

(d)  The inspecting entity shall cooperate with the affected board of

education or the state charter school institute in carrying out the duties of this section.

(e)  If the inspecting entity and the board of education or the state charter

school institute disagree on the interpretation of the codes or standards adopted by 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 director of the division pursuant to article 4 of title 24, C.R.S.

(f)  The rules authorized by this subsection (2) shall be adopted in accordance

with article 4 of title 24, C.R.S.

(g)  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.

(3)  (Deleted by amendment, L. 2009, (HB 09-1151), ch. 230, p. 1045, � 1,

effective January 1, 2010.)

Source: L. 64: p. 590, � 25. C.R.S. 1963: � 123-30-25. L. 81: Entire section

amended, p. 1064, � 1, effective June 12. L. 84: (1) R&RE and (2) amended, pp. 599, 600, �� 1, 2, effective April 5. L. 85: (2) amended, p. 338, � 6, effective July 1. L. 86: Entire section amended, p. 499, � 118, effective March 26. L. 98: (2)(b) amended, p. 1331, � 41, effective June 1. L. 2000: (1.5) added, p. 519, � 2, effective August 2. L. 2001: (1), (2), and (3) amended, p. 1138, � 66, effective June 5. L. 2004: (2) amended, p. 1592, � 28, effective June 3; (1.5) amended, p. 1635, � 39, effective July 1. L. 2006: (1), (2), and (3) amended, p. 1355, � 2, effective July 1. L. 2007: (2)(a)(IV) amended, p. 2031, � 44, effective June 1. L. 2008: (2)(a), (2)(b), (2)(c), and (3) amended, p. 1084, � 1, effective August 5. L. 2009: (1), (2)(a)(I), (2)(a)(II), (2)(a)(III), (2)(a)(IV), (2)(a)(V), (2)(b), (2)(c), (2)(e), and (3) amended and (2)(g) added, (HB 09-1151), ch. 230, p. 1045, � 1, effective January 1, 2010. L. 2011: (2)(a)(I)(A) amended, (SB 11-251), ch. 240, p. 1043, � 4, effective June 30. L. 2012: (1)(c) amended, (HB 12-1283), ch. 240, p. 1132, � 41, effective July 1. L. 2013: (1)(c.5) added, (SB 13-279), ch. 413, p. 2451, � 3, effective August 7.

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

subsection (1)(c), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in the 2013 act adding subsection (1)(c.5), see section 1 of chapter 413, Session Laws of Colorado 2013.

C.R.S. § 22-32-135

22-32-135. Financial literacy curriculum - definition - repeal. (1) The general assembly finds that:

(a)  Life skills such as the ability to formulate a household budget, balance a

checking account, read and understand the terms and conditions of a credit card, and otherwise manage personal finances are critical to a person's success in today's economy;

(b)  In February and March of 2000, in a survey of high school seniors

designed to test their knowledge of personal finance basics, the students answered only fifty-one and nine tenths percent of the questions correctly, receiving a failing grade;

(c)  Many students graduate from high school without having learned crucial

personal financial management skills, although many have already obtained their first credit cards;

(d)  Studies of consumer finances by the federal reserve board show that, at

the end of 2020, household debt in the United States totaled over fourteen and one-half trillion dollars. Over one and one-half trillion dollars of this debt is student debt, over eight hundred billion dollars is credit card debt, and over ten trillion dollars is mortgage debt.

(e)  With the growth in consumer debt and the apparently low level of

education and understanding with regard to personal finances, it is imperative that the public schools of the state provide students with a thorough, high-quality curriculum of financial literacy to enable students to understand and master personal finance skills, including, at a minimum, managing bank accounts; household budgeting; understanding and managing personal debt, including credit card debt and student loan debt; and managing personal savings, retirement savings, homeownership, and investments.

(2)  As used in this section, financial literacy means knowledge of personal

finances that is sufficient to enable a person to manage savings, investment, and checking accounts; to design and maintain a household budget; to assess the affordability of and how to budget for postsecondary education; to understand the purpose of and how to access and complete the free application for federal student aid and the Colorado application for state financial aid, or successor forms for accessing federal and state financial aid; to manage personal debt, including student loan debt; to understand consumer credit and finance; to manage personal credit options, including credit cards; to understand and select from among short-term and long-term investment options; to understand the home buying process, including home loans and managing mortgage debt; and to understand retirement plans, tax-deferred accounts, pensions, and government retirement benefits.

(3) (a)  Each school district board of education is strongly encouraged to

adopt curriculum pertaining to financial literacy to be taught in grade-appropriate courses at the elementary, middle, junior high, and high school grade levels. When selecting mathematics and economics textbooks, each school district is strongly encouraged to select those texts that include substantive provisions on personal finance, including personal budgeting; credit; debt management; student loan borrowing and financial aid; homeownership; retirement, including long-term investments, tax-deferred accounts, pensions, and government retirement benefits; and similar personal finance topics.

(b)  The curriculum described in subsection (3)(a) of this section must also

include content relating to how to assess the affordability of and budget for different options for obtaining a postsecondary degree or credential and how to pay for higher education. The curriculum should familiarize students with the process and necessary forms for applying for federal and state financial aid, student loans, scholarships, and grant programs, including accessing and completing either the free application for federal student aid or the Colorado application for state financial aid, or successor forms to access federal and state financial aid, and should ensure that students have an awareness of federal and state programs that may be available to manage student loan debt.

(4) (a)  Each school district board of education shall incorporate all the

financial literacy standards described in section 22-7-1005 (2.8) into a course that is required for high school graduation.

(b) (I)  For the 2025-26 state fiscal year, the general assembly shall

appropriate money from the general fund to the department of education for distribution to school districts to support implementation of:

(A)  A course required to be taught pursuant to subsection (4)(a) of this

section; and

(B)  The individual career and academic plan requirements described in

section 22-2-136 (2)(d).

(II)  The department of education shall distribute money pursuant to

subsection (4)(b)(I) of this section to school districts that do not currently offer a course based on a formula determined by the department of education. The department of education may determine eligibility for funding pursuant to this subsection (4)(b)(II) based on attestations from school districts.

(III)  Any unexpended money remaining at the end of the 2025-26 state fiscal

year from this appropriation:

(A)  Does not revert to the general fund or any other fund;


(B)  May be used by the department of education in the 2026-27 or 2027-28

state fiscal year without further appropriation; and

(C)  Must not be used for any purpose other than the purposes set forth in

this subsection (4).

(IV)  The department of education may seek, accept, and expend gifts,

grants, or donations from private or public sources for the purpose of supporting educators in implementing a course pursuant to subsection (4)(a) of this section.

(V)  This subsection (4)(b) is repealed, effective July 1, 2028.


Source: L. 2004: Entire section added, p. 1774, � 2, effective June 4. L. 2021:

IP(1), (1)(d), (1)(e), (2), and (3) amended, (HB 21-1200), ch. 284, p. 1687, � 4, effective September 7. L. 2025: (4) amended, (HB 25-1192), ch. 239, p. 1207, � 3, effective August 6.

Cross references: For the legislative declaration in HB 21-1200, see section 1

of chapter 284, Session Laws of Colorado 2021. For the legislative declaration in HB 25-1192, see section 1 of chapter 239, Session Laws of Colorado 2025.

C.R.S. § 22-32-136.5

22-32-136.5. Children's wellness - physical activity requirement - legislative declaration. (1) (a) The general assembly hereby finds that:

(I)  Healthy children are more likely to be engaged learners, they do better in

school, they have improved attendance, and they are less likely to have behavioral problems inside and outside of the classroom;

(II)  Many studies have documented the link between the mind and body and

the effect of movement on cognition and stimulated blood flow and oxygen to a child's brain;

(III)  Studies also show that physical activity improves students' ability to

focus and decreases the symptoms of attention deficit disorder and related conditions;

(IV)  Children who engage in physical activity as part of the learning

environment are healthier and process information better;

(V)  The growing trend of childhood obesity is also beginning to affect the

country's military preparedness. Recent reports show that, nationally, approximately one-third of all potential military recruits are ineligible to join because they are overweight and out of shape;

(VI)  School is the only place that many children are exposed to physical

activity;

(VII)  According to the 2009 child health survey conducted by the department

of public health and environment, one in four Colorado children are overweight or obese, and only fifty-three and five tenths percent of children meet daily physical activity recommendations; and

(VIII)  Between 2003 and 2007, Colorado's child obesity national ranking

dropped from third leanest in the country to twenty-third, and the number of obese children in Colorado ten to seventeen years of age increased from forty-eight thousand to seventy-two thousand.

(b)  Therefore, the general assembly declares that, by supporting physical

activity in public schools, Colorado will ensure that all children have access to activities that build their bodies and their brains and support their abilities to think, react, create, and learn.

(2)  For purposes of this section, unless the context otherwise requires,

physical activity may include, but need not be limited to:

(a)  Exercise programs;


(b)  Fitness breaks;


(c)  Recess;


(d)  Field trips that include physical activity;


(e)  Classroom activities that include physical activity; and


(f)  Physical education classes.


(3) (a)  Each school district board of education shall adopt a physical activity

policy that incorporates into the schedule of each student attending an elementary school the opportunity for the student to engage in:

(I)  A minimum of six hundred minutes of physical activity per month if the

classes at the school meet five days per week and the student attends school for a full day;

(II)  A minimum of three hundred minutes of physical activity per month if the

classes at the school meet five days per week and the student attends school for a half day;

(III)  A minimum of thirty minutes of physical activity per day if the classes at

the school meet fewer than five days per week and the student attends school for a full day; and

(IV)  A minimum of fifteen minutes of physical activity per day if the classes

at the school meet fewer than five days per week and the student attends school for a half day.

(b)  The physical activity policy may include an exception for any month that

includes a planned or unplanned full-day or half-day school closure.

(c)  Each school district board of education shall implement the physical

activity policy beginning with the 2011-12 school year.

(d)  Each school district board of education may require the person or

committee in each school designated to ensure that the school complies with the local wellness policy, as described in section 22-32-136, or the school district accountability committee and school accountability committees created pursuant to article 11 of this title to review and advise the school district or an individual school regarding the school district's or the individual school's physical activity policy and compliance with this section.

(e)  The expectation that a school district adopt a policy concerning physical

activity pursuant to this section is not intended to dictate instruction in the classroom.

(f)  A school that, prior to January 1, 2011, provides more than the minimum

minutes specified in paragraph (a) of this subsection (3) shall not decrease the amount of physical activity as a result of the policy specified in paragraph (a) of this subsection (3); except that the school may decrease its required minutes of physical activity in response to budgetary constraints, so long as the school complies with the requirements specified in paragraph (a) of this subsection (3).

(g)  A school shall not substitute noninstructional physical activity for

standards-based physical education instruction.

Source: L. 2011: Entire section added, (HB 11-1069), ch. 117, p. 364, � 1,

effective April 20.

C.R.S. § 22-32-153

22-32-153. School ventilation and energy efficiency verification and repair - applicability of section - ventilation verification assessment - filtration - HVAC assessment report - mechanical engineer review - adjustments, repairs, upgrades, and replacements - HVAC verification report - certified contractors - grants - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:

(a)  ACCA means the Air Conditioning Contractors of America.


(b)  ASHRAE means the American Society of Heating, Refrigerating and

Air-Conditioning Engineers.

(c)  Certified contractor means a contractor on the certified contractor list.


(d)  Certified contractor list means the certified contractor list created by

the department of labor and employment pursuant to section 40-3.2-105.6 (3)(a).

(e)  Certified TAB technician means a technician certified to perform

testing, adjusting, and balancing of HVAC systems by:

(I)  The Associated Air Balance Council;


(II)  The National Environmental Balancing Bureau;


(III)  The Testing, Adjusting and Balancing Bureau; or


(IV)  A successor organization of an organization named in subsection (1)(e)(I),

(1)(e)(II), or (1)(e)(III) of this section.

(f)  CO2 means carbon dioxide.


(g)  Department means the department of education created in section 24-1-115.


(h)  HVAC means heating, ventilation, and air conditioning.


(i)  HVAC assessment report means an HVAC assessment report described

in subsection (4) of this section.

(j)  International mechanical code means the 2021 international mechanical

code published by the International Code Council or the most recent version adopted by the office of the state architect created in section 24-30-1302.5.

(k)  ISO/IEC 17024 personnel certification standard means the ISO/IEC

17024 personnel certification accreditation standard developed by the International Organization for Standardization and the International Electrotechnical Commission for the purpose of certifying personnel.

(l)  Local education provider means:


(I)  A local education provider, as defined in section 22-16-103 (4); and


(II)  The Colorado school for the deaf and the blind described in section 22-80-102.


(m)  Mechanical engineer means a professional engineer who is licensed

pursuant to part 2 of article 120 of title 12 and has professional experience with HVAC systems.

(n)  MERV means minimum efficiency reporting value, as established by:


(I)  ANSI/ASHRAE standard 52.2-2017, Method of Testing General

Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size;

(II)  ANSI/ASHRAE standard 62.1-2022, Ventilation and Acceptable Indoor

Air Quality;

(III)  ANSI/ASHRAE/ACCA standard 180-2018, Standard Practice for

Inspection and Maintenance of Commercial Building HVAC Systems; and

(IV)  ASHRAE standard 241-2023, Control of Infectious Aerosols.


(o)  NOx has the meaning set forth in section 25-7-1502 (8).


(p)  Occupied areas means the classrooms, auditoriums, gymnasiums,

cafeterias, nurses' offices, restrooms, and offices of a school.

(q)  Project labor agreement has the meaning set forth in 48 CFR 52.222-34.


(r)  Qualified adjusting personnel means:


(I)  A certified TAB technician; or


(II)  A worker who is under the direct supervision of a certified TAB technician.


(s)  Qualified personnel means qualified testing personnel, qualified

adjusting personnel, or other workforce that is hired by and under the direct supervision of a certified contractor for the purpose of performing HVAC work.

(t)  Qualified testing personnel means:


(I)  A certified TAB technician; or


(II)  An individual certified to perform ventilation assessments of HVAC

systems by the International Certification Board or through an equivalent certification program or body accredited under the ISO/IEC 17024 personnel certification standard.

(u)  School means an educational facility operated by a local education

provider.

(v)  TAB means testing, adjusting, and balancing of an HVAC system.


(2)  Applicability of section. On and after August 6, 2025, if a local education

provider undertakes HVAC infrastructure improvements at a school using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall comply with the procedures set forth in this section in implementing the HVAC infrastructure improvements.

(3)  Ventilation verification assessment. Qualified personnel shall perform

all of the following:

(a)  Filtration. MERV 13 or better filtration must be installed in a school's

HVAC system where feasible. Qualified personnel shall:

(I)  Review system capacity and airflow to determine the highest MERV

filtration that can be installed without adversely impacting equipment; and

(II)  Replace or upgrade filters where needed and verify that filters are

installed correctly.

(b)  Ventilation and exhaust. After assessing the filtration as described in

subsection (3)(a) of this section, qualified personnel shall assess the ventilation rates in the school's occupied areas to determine whether they meet the minimum ventilation rate requirements set forth in the international mechanical code. Assessment of the ventilation and exhaust must include all the following:

(I)  Calculation of the estimated minimum outside air ventilation rates for

each occupied area based on the maximum anticipated occupancy and the minimum required ventilation rate per occupant. Calculations must be based on maximum anticipated classroom or other occupied area occupancy rates and determined by the international mechanical code.

(II)  Measurement of outside air and verification that the system provides at

least the minimum outside air ventilation rates calculated pursuant to subsection (3)(b)(I) of this section;

(III)  Verification of coil velocities and unit discharge air temperatures

required to maintain desired indoor conditions and to avoid moisture carryover from cooling coils;

(IV)  Verification that separation between outdoor air intakes and exhaust

discharge outlets meets the requirements of the international mechanical code;

(V)  Confirmation that the air handling unit is bringing in outdoor air and

removing exhaust air as intended by the system design; and

(VI)  Measurement of all exhaust air volume for exhaust fans, such as

restroom exhaust fans, including documentation of any discrepancies from system design.

(c)  Economizers. For HVAC systems with economizers, qualified personnel

shall test system economizer dampers and controls for proper operation. Economizer dampers and controls that are not properly functioning shall be repaired by a certified contractor or the certified contractor's qualified personnel. Qualified personnel shall record recommendations for additional maintenance, replacements, or upgrades in the HVAC assessment report.

(d)  Demand control ventilation. (I)  If demand control ventilation systems are

installed, qualified personnel shall verify their proper operation.

(II)  Demand control ventilation systems that are not properly functioning

shall be repaired by a certified contractor or the certified contractor's qualified personnel.

(III)  If a demand control ventilation system is recommended to be disabled or

is unable to provide recommended ventilation rates, the HVAC system must be configured to meet the minimum ventilation rate requirements without use of the demand control ventilation system and must be tested and adjusted to achieve at least the estimated minimum outside air ventilation rate, as described in subsection (3)(b)(I) of this section.

(e)  Air distribution and building pressurization. (I)  Qualified personnel shall:


(A)  Perform survey readings of inlets and outlets to verify that all ventilation

is reaching the served zones and that there is adequate air distribution;

(B)  Verify that inlets and outlets are balanced within tolerance of the system

design; and

(C)  Document read values and deficiencies. If the original system design

values are not available, qualified personnel shall document available information and note the unavailability of system design values in the HVAC assessment report.

(II)  Qualified personnel shall verify building and space pressure to ensure

that:

(A)  The pressure differential is within tolerance of design, if known; and


(B)  The school building is not over pressurized.


(f)  General maintenance. Qualified personnel shall verify coil condition,

condensate drainage, cooling coil air temperature differential (entering and leaving dry bulb), heat exchanger air temperature differential (entering and leaving dry bulb), and drive assembly condition.

(g)  Operational controls. Qualified personnel shall review control sequences

to verify that systems will maintain intended ventilation, temperature, and humidity conditions during school operation.

(4)  HVAC assessment report. Qualified personnel shall prepare an HVAC

assessment report for review by a mechanical engineer. The HVAC assessment report must include all of the following information:

(a)  The name and address of the school and the certified contractor

completing the work, including the name of the qualified personnel preparing the assessment report and the name of the mechanical engineer certifying the assessment report;

(b)  A description of assessment, maintenance, adjustment, and repair

activities and outcomes;

(c)  Documentation of HVAC equipment model numbers, serial numbers, the

general condition of units, and any additional information that could be used to assess replacement and repair options given the potential for increased energy efficiency benefits;

(d)  Verification that either:


(I)  MERV 13 filters have been installed; or


(II)  The maximum MERV-rated filter that the system is able to effectively

handle has been installed, including an indication of the MERV rating of that filter;

(e)  Verification that all requirements described in this subsection (4) have

been satisfied;

(f)  The verified ventilation rates for occupied areas and whether those rates

meet the estimated requirements set forth in the international mechanical code;

(g)  The verified exhaust rates for occupied areas and whether those rates

meet the requirements of the system's design; and

(h)  Documentation of system deficiencies and recommendations for

additional maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions, if any.

(5)  Mechanical engineer review. A mechanical engineer shall:


(a)  Review the HVAC assessment report;


(b)  Verify or adjust the estimated minimum outside air ventilation rates;


(c)  Determine what, if any, additional adjustments, repairs, upgrades, or

replacements are necessary to meet the minimum ventilation and filtration requirements of the international mechanical code;

(d)  Recommend a pathway for reducing NOx emissions and greenhouse gas

emissions; and

(e)  Provide a cost estimate for all recommended work.


(6)  Adjustments, repairs, upgrades, and replacements. All HVAC repairs,

upgrades, and replacements shall be performed by a certified contractor or the certified contractor's qualified personnel. All HVAC adjustments shall be performed by qualified adjusting personnel.

(7)  HVAC verification report. (a)  A certified contractor or a member of the

certified contractor's qualified personnel shall prepare an HVAC verification report within ten business days after completion of all work described in subsections (3) to (6) of this section.

(b)  The HVAC verification report must include all of the following

information:

(I)  The name and address of the school and the person preparing and

certifying the report;

(II)  A description of assessment, maintenance, adjustment, repair, upgrade,

and replacement activities and outcomes;

(III)  Verification that the certified contractor or the certified contractor's

qualified personnel has complied with all requirements of this section;

(IV)  Verification that either:


(A)  MERV 13 filters have been installed; or


(B)  The maximum MERV-rated filter that the system is able to effectively

handle has been installed, including an indication of the MERV rating of that filter;

(V)  The verified ventilation rates for occupied areas and whether those rates

meet the requirements set forth in the international mechanical code. If ventilation rates do not meet applicable guidance, then the HVAC verification report must include an explanation of why the current system is unable to meet those rates.

(VI)  The verified exhaust rates for occupied areas and whether those rates

meet the requirements set forth in the system's design;

(VII)  Documentation of repairs, upgrades, or replacements performed in

response to:

(A)  The HVAC assessment report; and


(B)  The mechanical engineer's recommendations made pursuant to

subsection (5) of this section;

(VIII)  Documentation of recommendations for additional maintenance,

repairs, replacements, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions;

(IX)  Documentation of the mechanical engineer's recommended pathway for

reducing NOx emissions and greenhouse gas emissions;

(X)  Documentation of initial operating verifications, adjustments, and final

operating verifications and documentation of any adjustments or repairs performed; and

(XI)  Verification that all work has been performed by a certified contractor or

the certified contractor's qualified personnel, including the contractor's name, the names of the qualified personnel, the certification numbers of any qualified personnel, and verification that all construction work has been performed by a certified contractor or the certified contractor's qualified personnel.

(c)  A local education provider shall maintain a copy of the HVAC verification

report for at least five years and make it available to the public upon request.

(8)  Certified contractors (a)  If a local education provider undertakes HVAC

infrastructure improvements as described in this section using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall:

(I)  Obtain and make use of the certified contractor list to assist in contractor

selection and ensure compliance with federal funding requirements; and

(II)  Employ only certified contractors or contractors that use prevailing

wages and apprentices registered with the federal department of labor or the state apprenticeship agency created in section 8-15.7-102 for the performance of the HVAC infrastructure improvements.

(b)  The department shall publish the certified contractor list on its website

and include or reference the list in all of the relevant marketing material for school infrastructure improvement programs to assist in contractor selection and ensure compliance with federal funding requirements.

(c)  The requirement described in subsection (8)(a) of this section does not

apply to mechanical, plumbing, and electrical work that is performed pursuant to a project labor agreement that allows a contractor and all subcontractors to compete for contracts and subcontracts without regard to whether they are parties to a collective bargaining agreement.

(d) (I)  Upon evaluation of bids submitted for an HVAC infrastructure

improvement contract, the local education provider may waive the requirements of this subsection (8) if the local education provider determines that there is substantial evidence that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract.

(II)  A local education provider that undertakes HVAC infrastructure

improvements subject to the requirements of this subsection (8) shall make public all waivers and the specific rationale for granting a waiver. The local education provider shall post notice of a waiver and a justification for the waiver on its website.

Source: L. 2025: Entire section added, (HB 25-1245), ch. 400, p. 2262, � 2,

effective August 6.

Cross references: For the legislative declaration in HB 25-1245, see section 1

of chapter 400, Session Laws of Colorado 2025.

ARTICLE 32.5

Innovation Schools and Innovation School Zones

Within School Districts

22-32.5-101.  Short title. This article shall be known and may be cited as the

Innovation Schools Act of 2008.

Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28.


22-32.5-102.  Legislative declaration. (1)  The general assembly hereby finds

that:

(a)  The constitutional provisions regarding the public education system

direct the general assembly to establish a thorough and uniform statewide system of public education, but they also recognize the importance of preserving local flexibility by granting to each school district board of education the control of instruction in the schools of the school district;

(b)  The constitution's requirement that each school district board of

education is responsible for controlling the instruction in its schools is based on the belief that the delivery of educational services must be tailored to the specific population of students they are intended to serve and that the parents of those students should have great opportunity for input regarding the educational services their children receive;

(c)  In tailoring the delivery of educational services, it is also important that

the persons delivering those services, the principal of the public school and the faculty employed at that school, have the maximum degree of flexibility possible to determine the most effective and efficient manner in which to meet their students' needs;

(d)  To further the goals of high-quality public education throughout the

state, therefore, each school district board of education should have the authority to grant public schools of the school district the maximum degree of flexibility possible to meet the needs of individual students and the communities in which they live; and

(e)  While the ultimate responsibility for controlling the instruction in public

schools continues to lie with the school district board of education of each public school, each school district board of education is strongly encouraged to delegate to each public school a high degree of autonomy in implementing curriculum, making personnel decisions, organizing the school day, determining the most effective use of resources, and generally organizing the delivery of high-quality educational services, thereby empowering each public school to tailor its services most effectively and efficiently to meet the needs of the population of students it serves.

(2)  The general assembly therefore finds that it is in the best interests of the

people of Colorado to enact the Innovation Schools Act of 2008 to achieve the following purposes:

(a)  To grant to Colorado's school districts and public schools greater ability

to meet the educational needs of a diverse and constantly changing student population;

(b)  To encourage intentionally diverse approaches to learning and education

within individual school districts;

(c)  To improve educational performance through greater individual school

autonomy and managerial flexibility;

(d)  To encourage school districts, where appropriate, to create and manage a

portfolio of schools that meet a variety of education needs, including identifying elementary, middle or junior high, and high schools to collectively operate as a vertically integrated innovation zone of schools;

(e)  To encourage innovation in education by providing local school

communities and principals with greater control over levels of staffing, personnel selection and evaluation, scheduling, and educational programming with the goal of achieving improved student achievement;

(f)  To encourage school districts and public schools to find new ways to

allocate resources, including through implementation of specialized school budgets, for the benefit of the students they serve; and

(g)  To hold public schools that receive greater autonomy under this article

accountable for student academic achievement, as measured by the Colorado student assessment program, other more specifically tailored accountability measures, and the federal requirements of adequate yearly progress.

(3)  The general assembly further declares that:


(a)  Since the Innovation Schools Act of 2008 was passed, innovations have

been used to leverage outcomes for students and support creative school models to meet the needs of students, educators, and families;

(b)  The cornerstone of innovation work is empowering educators and families

to be part of the design process, helping to develop an innovation plan, and voting to approve the school's plan and any revisions to the innovation plan;

(c)  The Innovation Schools Act of 2008 identifies areas of innovation that

schools are encouraged to explore, including innovations in governance;

(d)  Local school boards and innovation school zones have implemented

alternative governance models for innovation school zones and schools within the innovation school zones, including delegation of some management activities from a local school board to a nonprofit organization affiliated with an innovation school zone;

(e)  Innovation schools were designed as an opportunity for schools that

operate within their school district to exercise autonomy and flexibility to adapt to meet the needs of schools and students whom innovation schools serve;

(f)  If disputes arise between an innovation school zone as a whole, or a

school within the innovation school zone, and the local school board that oversees the innovation school zone regarding the administration of an innovation plan, a fair and consistent resolution process is needed to address the dispute; and

(g)  The dispute resolution process described in this article 32.5 is modeled

from existing statutory dispute resolution processes and intends to support both parties, encourage innovation school zones to practice innovative governance, and allow the local school board to reach solutions with innovation school zones with alternative governance.

Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28. L. 2022:

(3) added, (SB 22-197), ch. 307, p. 2213, � 1, effective August 10.

22-32.5-103.  Definitions.  As used in this article 32.5, unless the context

otherwise requires:

(1)  Commissioner means the commissioner of education appointed by the

state board of education pursuant to section 22-2-110.

(1.5)  Community school means a public school that implements the

following:

(a)  An annual asset and needs assessment of and by both the school and the

community that engages at least seventy-five percent of families, students, and educators in the community;

(b)  A strategic plan that includes the creation of problem-solving teams who

are dedicated to continuous school improvement and define how educators and community partners use all available assets to meet specific student needs and achieve better results and utilize key tools and lessons from improvement science in the continuous improvement process;

(c)  A process to engage partners who bring assets and expertise to

implement the school's goals; and

(d)  A community school coordinator who is a school staff member at the

community school site and who:

(I)  Has the primary responsibility to facilitate the problem-solving teams

implemented pursuant to subsection (1.5)(b) of this section; and

(II)  In consultation with school leadership, shall assemble relevant

stakeholders to solve problems identified by the assessment performed pursuant to subsection (1.5)(a) of this section.

(1.7)  Department means the department of education created in section

24-1-115.

(2)  District of innovation means a school district that is designated as a

district of innovation pursuant to section 22-32.5-107.

(3)  Innovation school means a school in which a local school board

implements an innovation plan pursuant to section 22-32.5-104.

(4)  Innovation school zone means a group of schools of a school district

that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education and in which a local school board implements a plan for creating an innovation school zone pursuant to section 22-32.5-104.

(4.5)  Innovation school zone with alternative governance means an

innovation school zone that either operates as an innovation school zone with alternative governance on or before August 10, 2022, or submits to its local school board an innovation plan, which the local school board approves, that authorizes alternative governance and delegates management activities to another organization pursuant to section 22-32.5-104 (5), including but not limited to a nonprofit organization. An organization does not include a for-profit organization.

(5)  Local school board means the board of education of a school district.


(5.5)  Neutral third party means a trained individual who assists disputants

in reaching a mutually acceptable resolution of their disputes by identifying and evaluating alternatives, and is on an approved list by the office of dispute resolution established in section 13-22-303 or the American arbitration association, or its successor.

(6)  State board means the state board of education created pursuant to

section 1 of article IX of the state constitution.

Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2019:

IP amended and (1.5) added, (SB 19-102), ch. 82, p. 293, � 1, effective August 2. L. 2022: (1.7), (4.5), and (5.5) added, (SB 22-197), ch. 307, p. 2214, � 2, effective August 10.

22-32.5-104.  Innovation plans - submission - contents. (1) (a)  A public

school of a school district may submit to its local school board an innovation plan as described in subsection (3) of this section. A group of public schools of a school district that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education may jointly submit to their local school board a plan to create an innovation school zone as described in subsection (4) of this section.

(b)  A local school board shall receive and review each innovation plan or plan

for creating an innovation school zone submitted pursuant to paragraph (a) of this subsection (1). The local school board shall either approve or disapprove the innovation plan or plan for creating an innovation school zone within sixty days after receiving the plan.

(c)  If the local school board rejects the plan, it shall provide to the public

school or group of public schools that submitted the plan a written explanation of the basis for its decision. A public school or group of public schools may resubmit an amended innovation plan or amended plan for creating an innovation school zone at any time after denial.

(d)  If the local school board approves the plan, it may proceed to seek

designation of the school district as a district of innovation pursuant to section 22-32.5-107.

(2)  A local school board may initiate and collaborate with one or more public

schools of the school district to create one or more innovation plans, as described in subsection (3) of this section, or one or more plans to create innovation school zones, as described in subsection (4) of this section. In creating an innovation plan or a plan to create an innovation school zone, the local school board shall ensure that each public school that would be affected by the plan has opportunity to participate in creation of the plan. A local school board may approve or create a plan to create an innovation school zone that includes all of the public schools of the school district. If the local school board creates an innovation plan or a plan for creating an innovation school zone, the local school board may seek designation of the school district as a district of innovation pursuant to section 22-32.5-107.

(3)  Each innovation plan, whether submitted by a public school or created by

a local school board through collaboration between the local school board and a public school, must include the following information:

(a)  A statement of the public school's mission and why designation as an

innovation school would enhance the school's ability to achieve its mission;

(b)  A description of the innovations the public school would implement,

which may include, but need not be limited to, innovations in school staffing; curriculum and assessment; class scheduling; use of financial and other resources; faculty recruitment, employment, evaluation, and compensation; whether the school will operate as a community school; and implementation of transformational school strategies such as shared leadership, culturally relevant curriculum, student and family supports, positive discipline practices, and family and community engagement;

(c)  A listing of the programs, policies, or operational documents within the

public school that would be affected by the public school's identified innovations and the manner in which they would be affected. The programs, policies, or operational documents may include, but need not be limited to:

(I)  The research-based educational program the public school would

implement;

(II)  The length of school day and school year at the public school;


(III)  The student promotion and graduation policies to be implemented at the

public school;

(IV)  The public school's assessment plan;


(V)  The proposed budget for the public school; and


(VI)  The proposed staffing plan for the public school.


(d)  An identification of the improvements in academic performance that the

public school expects to achieve in implementing the innovations;

(e)  An estimate of the cost savings and increased efficiencies, if any, the

public school expects to achieve in implementing its identified innovations;

(f)  Evidence that a majority of the administrators employed at the public

school, a majority of the teachers employed at the public school, and a majority of the school accountability committee for the public school consent to designation as an innovation school;

(g)  A statement of the level of support for designation as an innovation

school demonstrated by the other persons employed at the public school, the students and parents of students enrolled in the public school, and the community surrounding the public school;

(h)  A description of any statutory sections included in this title or any

regulatory or district policy requirements that would need to be waived for the public school to implement its identified innovations;

(i)  A description of any provision of the collective bargaining agreement in

effect for the personnel at the public school that would need to be waived for the public school to implement its identified innovations; and

(j)  Any additional information required by the local school board of the

school district in which the innovation plan would be implemented.

(4)  Each plan for creating an innovation school zone, whether submitted by a

group of public schools or created by a local school board through collaboration with a group of public schools, shall include the information specified in subsection (3) of this section for each public school that would be included in the innovation school zone. A plan for creating an innovation school zone shall also include the following additional information:

(a)  A description of how innovations in the public schools in the school

innovation zone would be integrated to achieve results that would be less likely to be accomplished by each public school working alone;

(b)  An estimate of any economies of scale that would be achieved by

innovations implemented jointly by the public schools within the innovation school zone;

(c)  Evidence that a majority of the administrators and a majority of the

teachers employed at each public school that would be included in the innovation school zone and a majority of the school accountability committee for each public school that would be included in the innovation school zone consent to creating the innovation school zone; and

(d)  A statement of the level of support for creating an innovation school zone

demonstrated by the other persons employed at each public school that would be included in the zone, the students and parents of students enrolled in each public school that would be included in the zone, and the community in which the local school board would approve the innovation school zone. In determining the level of support, each public school shall specifically solicit input concerning the selection of public schools included in the innovation school zone and the strategies and procedures that would be used in implementing and integrating the innovations within the public schools in the zone.

(5)  A group of schools that submits a plan to create an innovation school

zone as provided in this section and seeks to have management activities delegated by the local board to an organization that forms a partnership with the local school board must, in addition to the provisions specified in subsection (4) of this section, include the following information in the innovation plan:

(a)  An explanation of how alternative governance will help achieve the vision

and goals of the group of schools in a school district;

(b)  A description of the organization and the organization's governing board

and governance structure;

(c)  A description of the roles and duties of the organization's governing

board, which duties must include, at a minimum, overseeing the implementation of the innovation plan and supporting academic progress;

(d)  A description of the zone staffing structure and management the

organization would provide;

(e)  A description of how funds will be used to achieve the mission and

academic performance of the innovation plan;

(f)  A description of where an easily accessible link to the federal form 990,

990-EZ, or 990-PF, as required by section 22-44-304, or other relevant financial information if the organization does not receive a federal form 990, is located on the zone website;

(g)  A description of the terms under and process by which a school within an

innovation school zone may elect to leave the innovation school zone; and

(h)  A description of the method the school district will use for determining

the cost of services and a corresponding financial agreement with the innovation school zone.

Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2009:

(3)(f) and (4)(c) amended, (SB 09-163), ch. 293, p. 1542, � 44, effective May 21; (3)(f) and (4)(c) amended, (SB 09-090), ch. 291, p. 1444, � 17, effective August 5. L. 2018: IP(3) and (3)(b) amended, (HB 18-1355), ch. 324, p. 1954, � 18, effective May 30. L. 2019: (3)(b) amended, (SB 19-102), ch. 82, p. 294, � 2, effective August 2. L. 2022: (5) added, (SB 22-197), ch. 307, p. 2214, � 3, effective August 10.

22-32.5-105.  Suggested innovations. (1)  In considering or creating an

innovation plan or a plan for creating an innovation school zone, each local school board is strongly encouraged to consider innovations in the following areas:

(a)  Curriculum and academic standards and assessments;


(b)  Accountability measures, including but not limited to expanding the use

of a variety of accountability measures to more accurately present a complete measure of student learning and accomplishment. The accountability measures adopted by an innovation school or an innovation school zone may include, but need not be limited to:

(I)  Use of graduation or exit examinations;


(II)  Use of end-of-course examinations;


(III)  Use of student portfolio reviews;


(IV)  Use of national and international accountability measures such as the

national assessment of educational progress and the program for international student assessment;

(V)  Measuring the percentage of students continuing into higher education;

and

(VI)  Measuring the percentage of students simultaneously obtaining a high

school diploma and an associate's degree or a career and technical education certificate.

(c)  Provision of services, including but not limited to special education

services; services for gifted and talented students; services for English language learners; educational services for students at risk of academic failure, expulsion, or dropping out; and support services provided by the state department of human services or county departments or agencies of human or social services;

(d)  Teacher recruitment, training, preparation, and professional

development;

(e)  Teacher employment;


(f)  Performance expectations and evaluation procedures for teachers and

principals;

(g)  Compensation for teachers, principals, and other school building

personnel, including but not limited to performance pay plans, total compensation plans, and other innovations with regard to retirement and other benefits;

(h)  School governance and the roles, responsibilities, and expectations of

principals in innovation schools or schools within an innovation school zone; and

(i)  Preparation and counseling of students for transition to higher education

or the work force.

Source: L. 2008: Entire article added, p. 1425, � 1, effective May 28. L. 2010:

(1)(c) amended, (SB 10-062), ch. 168, p. 595, � 12, effective April 29. L. 2014: (1)(c) amended, (HB 14-1298), ch. 244, p. 937, � 22, effective May 21. L. 2018: (1)(c) amended, (SB 18-092), ch. 38, p. 438, � 92, effective August 8.

Cross references: For the legislative declaration in SB 18-092, see section 1

of chapter 38, Session Laws of Colorado 2018.

22-32.5-106.  Innovation planning - financial support. Each public school

and each local school board is authorized and encouraged to seek and accept public and private gifts, grants, and donations to offset the costs of developing and implementing innovation plans and plans for creating innovation school zones.

Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28.


22-32.5-107.  District of innovation - designation. (1)  Each local school

board may seek for its school district designation by the state board as a district of innovation. A local school board may seek the designation on the basis of innovation plans or plans for creating innovation school zones approved or collaboratively created by the local school board pursuant to section 22-32.5-104.

(2)  A local school board that seeks designation as a district of innovation

shall submit one or more innovation plans or plans for creating an innovation school zone to the commissioner for review and comment by the commissioner and the state board. Within sixty days after receiving a local school board's plan, the commissioner and the state board shall respond to the local school board with any suggested changes or additions to the plan, including but not limited to suggestions for further innovations or for measures to increase the likelihood that the innovations will result in greater academic achievement within the innovation schools or innovation school zones. Based on the commissioner's and the state board's comments, the local school board may choose to withdraw and resubmit its innovation plan or plan for creating an innovation school zone.

(3) (a)  Within sixty days after receiving a local school board's innovation plan

or plan for creating an innovation school zone, the state board shall designate the local school board's school district as a district of innovation if the state board concludes that the submitted plan:

(I)  Is likely to enhance educational opportunity, standards, and quality within

the innovation schools or innovation school zones; and

(II)  Is fiscally feasible.


(b)  If the state board does not designate a school district as a district of

innovation, it shall provide to the local school board a written explanation of the basis for its decision. The local school board may resubmit an amended innovation plan or plan for creating an innovation school zone and seek designation of its school district as a school district of innovation at any time after denial.

(4)  It is the intent of the general assembly that the department of education

receive a one-time appropriation to offset the costs incurred by the department and the state board in adopting rules and otherwise establishing the procedures for implementation of this section. The general assembly finds, however, that the department of education and the state board may implement this section in future years without additional state funding.

Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28. L. 2017:

(3)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 1, effective August 9.

22-32.5-108.  District of innovation - waiver of statutory and regulatory

requirements. (1) Upon designation of a district of innovation, the state board shall waive any statutes or rules specified in the school district's innovation plan as they pertain to the innovation schools or innovation school zones of the district of innovation; except that the state board shall not waive:

(a)  Any statutes specified in section 22-2-117 (1)(b);


(b)  Any provision of article 64 of this title; or


(c)  Any statutes that are not included in this title, including but not limited to

article 51 of title 24, C.R.S.

(2)  Each district of innovation continues to be subject to all statutes and

rules that are not waived by the state board pursuant to subsection (1) of this section, including but not limited to all statutes and rules concerning implementation of:

(a)  The state assessment requirements specified in section 22-7-1006.3;


(b)  Article 11 of this title; and


(c)  The requirements of the federal No Child Left Behind Act of 2001, 20

U.S.C. sec. 6301 et seq.

(3)  Designation as a district of innovation must not affect a school district's:


(a)  Total program funding calculated pursuant to the Public School Finance

Act of 2025, article 54 of this title 22; or

(b)  Eligibility for funding under, or the amount received through, a

categorical program, as defined in section 22-55-102 (4).

(4)  Each district of innovation that receives a waiver pursuant to this section

shall specify the manner in which the innovation school or the schools within the innovation school zone shall comply with the intent of the waived statutes or rules and shall be accountable to the state for such compliance.

(5) (a)  If the local school board for a district of innovation revises an

innovation plan as provided in section 22-32.5-110, the local school board may request additional waivers or changes to existing waivers as necessary to accommodate the revisions to the innovation plan, and the state board shall grant the additional waivers or changes to existing waivers if it determines that the new or changed waivers would enhance educational opportunity, standards, and quality within the innovation schools or innovation school zones of the district of innovation and are fiscally feasible. In requesting a new waiver or a change to an existing waiver, the local school board shall demonstrate the consent of a majority of the teachers and a majority of the administrators employed at and a majority of the school advisory committee for each public school that is affected by the new or changed waiver.

(b)  Except as otherwise provided in paragraph (a) of this subsection (5), a

waiver that is granted pursuant to this section shall continue to apply to a public school so long as the public school continues to be designated as an innovation school or included in an innovation school zone.

Source: L. 2008: Entire article added, p. 1427, � 1, effective May 28. L. 2009:

(2)(b) amended, (SB 09-163), ch. 293, p. 1543, � 45, effective May 21. L. 2015: IP(2) and (2)(a) amended, (HB 15-1323), ch. 204, p. 725, � 35, effective May 20. L. 2017: (5)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 2, effective August 9. L. 2024: IP(3) and (3)(a) amended, (HB 24-1448), ch. 236, p. 1533, � 44, effective May 23.

22-32.5-109.  District of innovation - collective bargaining agreements. (1)

(a) On and after the date on which the state board designates a school district as a district of innovation, any collective bargaining agreement initially entered into or renewed by the local school board of the district of innovation shall include a term that allows each innovation school and each innovation school zone in the school district to waive any provisions of the collective bargaining agreement identified in the innovation plan as needing to be waived for the innovation school or the innovation school zone to implement its identified innovations.

(b)  For an innovation school, waiver of one or more of the provisions of the

collective bargaining agreement shall be based on obtaining the approval, by means of a secret ballot vote, of at least sixty percent of the members of the collective bargaining unit who are employed at the innovation school.

(c)  For an innovation school zone, waiver of one or more of the provisions of

the collective bargaining agreement shall be based on obtaining, at each school included in the innovation school zone, the approval of at least sixty percent of the members of the collective bargaining unit who are employed at the school. The innovation school zone shall seek to obtain approval of the waivers through a secret ballot vote of the members of the collective bargaining unit at each school included in the innovation school zone. The local school board for the innovation school zone may choose to revise the plan for creating an innovation school zone to remove from the zone any school in which at least sixty percent of the members of the collective bargaining unit employed at the school do not vote to waive the identified provisions of the collective bargaining agreement.

(d)  If a local school board, in collaboration with the innovation school or the

public schools included in the innovation school zone, revises the innovation plan as provided in section 22-32.5-110 and the revisions include changes to the identified provisions of the collective bargaining agreement that need to be waived to implement the innovations that are included in the innovation plan, the local school board shall seek such additional waivers or revision or revocation of the existing waivers of provisions of the collective bargaining agreement as are necessary to implement the revised innovation plan. Any changes to waivers, or additional waivers, of the identified provisions of the collective bargaining agreement shall be subject to approval in the same manner as provided in paragraphs (b) and (c) of this subsection (1) for the initial approval of waivers of provisions of the collective bargaining agreement.

(e)  Except as otherwise provided in paragraph (d) of this subsection (1),

waiver of identified provisions of a collective bargaining agreement for an innovation school or the public schools within an innovation school zone pursuant to this subsection (1) shall continue so long as the innovation school remains an innovation school or a public school remains a part of the innovation school zone. A waiver approved pursuant to this subsection (1) shall continue to apply to any substantially similar provision that is included in a new or renewed collective bargaining agreement for the schools of the district of innovation.

(2)  A district of innovation shall not be required to seek a waiver by an

innovation school or a public school in an innovation school zone of any provision of the collective bargaining agreement. Each district of innovation shall include in its innovation plan a statement as to whether it will seek a waiver by an innovation school or the public schools included in an innovation school zone of any of the provisions of the collective bargaining agreement.

(3)  A person who is a member of the collective bargaining unit and is

employed by an innovation school or by a school included in an innovation school zone may request a transfer to another public school of the district of innovation. The local school board shall make every reasonable effort to accommodate the

C.R.S. § 22-54-107.9

22-54-107.9. Override mill levy match - calculation - distribution - fund created - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Additional mill levy revenue per pupil amount means the amount of an

eligible district's additional mill levy revenue, as defined in section 22-32-108.5, for a budget year, divided by the eligible district's funded pupil count for that budget year.

(b)  Applicable budget year means the budget year in which the department

distributes money pursuant to this section to a district.

(c)  Applicable property tax year means the property tax year that ends

during the applicable budget year.

(d)  Department means the department of education created pursuant to

section 24-1-115.

(e)  Eligible district means a district for which the override mill capacity is

less than the maximum number of override mills calculated for the district.

(f)  Eligible institute charter school means an institute charter school that is

located within the geographic boundaries of an eligible district.

(g)  Maximum number of override mills means the number of override mills

calculated for a district pursuant to subsection (3) of this section.

(h)  Override mill capacity means the number of override mills calculated

pursuant to subsection (4) of this section that a district may be expected to levy toward the district's maximum number of override mills.

(i)  Override mill per pupil match amount means the amount of the override

mill match amount that the department distributes to an eligible district pursuant to subsection (5)(a) of this section for a budget year, divided by the eligible district's funded pupil count for that budget year.

(j)  Override mills means property tax mills that a district levies pursuant to

section 22-54-108.

(k)  Small rural district has the same meaning as provided in section 22-54-108.


(l)  Repealed.


(2) (a)  Beginning in the 2022-23 budget year and for each budget year

thereafter, the department, in June of each budget year, shall calculate and distribute as a lump sum to each eligible district and each eligible institute charter school an override mill match amount as provided in this section. The department shall distribute the override mill match amount from money annually appropriated from the mill levy override match fund created in subsection (6) of this section. In a budget year in which the general assembly does not appropriate a sufficient amount to fully fund the distributions calculated pursuant to this section, the department shall reduce the amount of each eligible district's and each eligible institute charter school's distribution by the same percentage that the deficit bears to the amount required to fully fund the distributions calculated pursuant to this section.

(b)  The override mill match amount that an eligible district receives pursuant

to this section is deemed to be additional mill levy revenue that is subject to distribution to the charter schools of the district in the same manner that the district distributes other additional mill levy revenue that it collects to the charter schools of the district pursuant to section 22-32-108.5.

(3) (a)  For the 2022-23 budget year and for each budget year thereafter, the

department shall annually determine each district's maximum number of override mills, which is equal to the number of mills that a district may levy for the applicable property tax year to generate property tax revenue equal to twenty-five percent, or thirty percent in the case of a small rural district, of the district's:

(I)  Total program for the applicable budget year, if ten percent or less of the

district's funded pupil count for the applicable budget year is attributable to the district's online pupil enrollment; or

(II)  Adjusted total program for the applicable budget year calculated

pursuant to subsection (3)(b) of this section, if more than ten percent of the district's funded pupil count for the applicable budget year is attributable to the district's online pupil enrollment.

(b)  If more than ten percent of a district's funded pupil count for the

applicable budget year is attributable to the district's online pupil enrollment, the department shall calculate the district's adjusted total program as follows:

(I)  The department shall reduce the district's online pupil enrollment in

accordance with the following formula:

District online pupil enrollment - (((district funded pupil count - district online pupil enrollment) � .9) x .1)

(II)  The department shall subtract from the district's total program for the

applicable budget year an amount equal to the district's reduced online pupil enrollment, calculated pursuant to subsection (3)(b)(I) of this section, multiplied by the per pupil online funding amount for the applicable budget year as described in this article 54.

(3.5) (a)  For the 2023-24 budget year, the department shall:


(I)  Calculate for each district an amount equal to the district's assessed

value of real property for the property tax year commencing on January 1, 2023, divided by the district's pupil enrollment divided by two thousand; and

(II)  Determine the median amount of all calculations made pursuant to

subsection (3.5)(a)(I) of this section.

(b)  For each district, the department shall determine if:


(I)  The district's amount calculated pursuant to subsection (3.5)(a)(I) of this

section is less than the amount determined pursuant to subsection (3.5)(a)(II) of this section;

(II)  The number of mills the district is authorized by its eligible electors to

levy pursuant to section 22-54-108 is greater than zero; and

(III)  The district has an amount that is greater than 0.9 after calculating the

maximum number of mills the district is authorized to levy pursuant to section 22-54-108 (3)(b)(V) minus the number of mills the district is authorized by its eligible electors to levy pursuant to section 22-54-108.

(c)  For each district that satisfies every condition described pursuant to

subsection (3.5)(b) of this section, the department shall calculate for each district an amount equal to:

(Median amount determined pursuant to subsection (3.5)(a)(II) of this section - District amount calculated pursuant to subsection (3.5)(a)(I) of this section) x District's pupil enrollment.

(d)  Notwithstanding any provision of this section, for the 2023-24 budget

year, each district must receive the greater of the amount determined pursuant to subsection (3.5)(c) of this section or the amount determined pursuant to subsection (3) of this section.

(e)  No later than June 10, 2024, the state treasurer shall transfer nine million

one hundred thirty-five thousand six hundred ninety-eight dollars ($9,135,698) from the state education fund to the mill levy override match fund.

(4) (a)  For the 2022-23 budget year and each budget year thereafter, the

department shall identify the five-year average median household income for each district in the state, referred to in this section as the average median income, using the information reported by the United States census bureau's American community survey for the applicable budget year. The department shall determine the amount of the difference between the highest average median income and lowest average median income among all districts in the state, referred to in this section as the median income gap.

(b)  Using the average median income for each district, the department shall

annually determine for each district the district's override mill capacity, which is the number of override mills the district may be expected to levy toward the district's maximum number of override mills, using the following formula:

(((District average median income - lowest district average median income) � median income gap) x 20) + 15

(5) (a)  For the 2022-23 budget year and each budget year thereafter, the

department shall calculate the state match percentage for each eligible district by subtracting the eligible district's override mill capacity from the eligible district's maximum number of override mills, then dividing the remainder by the eligible district's override mill capacity. The department shall annually distribute to each eligible district an override mill match amount equal to the eligible district's state match percentage multiplied by the amount of property tax revenue generated by the number of override mills that the eligible district levies for the applicable property tax year.

(b)  For the 2022-23 budget year and each budget year thereafter, the

department shall distribute to each eligible institute charter school an override mill match amount equal to the override mill per pupil match amount for the eligible institute charter school's accounting district multiplied by the eligible institute charter school's pupil enrollment for the applicable budget year; except that the department shall ensure that the total per pupil amount distributed to an eligible institute charter school pursuant to this section and section 22-30.5-513.1 in a single budget year does not exceed the combined total of the additional mill levy revenue per pupil amount and override mill per pupil match amount of the eligible institute charter school's accounting district for the applicable budget year.

(6) (a)  The mill levy override match fund is created in the state treasury. The

fund consists of money appropriated or transferred to the fund by the general assembly. The state treasurer shall credit to the fund all interest and income derived from the deposit and investment of money in the fund. Subject to annual appropriation by the general assembly, for the 2022-23 budget year and each budget year thereafter, the department shall distribute money from the fund as described in this section. In addition, the department may expend a portion of the amount appropriated from the fund to pay the direct costs that the department incurs in implementing this section.

(b)  On July 1, 2022, the state treasurer shall transfer ten million dollars from

the general fund to the mill levy override match fund.

(7) (a)  On July 1, 2023, the state treasurer shall transfer twenty-three million

three hundred seventy-six thousand five hundred thirty-six dollars from the state education fund to the mill levy override match fund.

(a.5)  On July 1, 2024, the state treasurer shall transfer fifteen million seven

hundred fifteen thousand five hundred thirty-nine dollars ($15,715,539) from the state education fund to the mill levy override match fund.

(b)  The general assembly finds and declares that for the purposes of section

17 of article ix of the state constitution, providing eligible school districts and eligible institute charter schools an override mill match pursuant to this section is a program for accountable education reform and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

(8)  Notwithstanding any provision of this section to the contrary, for the

2022-23 budget year and budget years thereafter, the department of education shall not calculate and distribute to an eligible district or an eligible institute charter school an override mill match amount as provided in this section if the sum of the district's override mills is equal to or greater than the district's override mill capacity.

Source: L. 2022: Entire section added, (SB 22-202), ch. 238, p. 1760, � 1,

effective May 26. L. 2023: (7) and (8) added, (SB 23-287), ch. 189, p. 922, � 6, effective May 15. L. 2024: (1)(l) and (3)(b)(II) amended and (7)(a.5) added, (SB 24-188), ch. 235, p. 1474, � 8, effective May 23; (1)(l) repealed, (3)(b)(II) amended, and (3.5) added, (HB 24-1448), ch. 236, p. 1519, � 20, effective May 23.

Editor's note: (1)  Amendments to subsection (3)(b)(II) by SB 24-188 and HB

24-1448 were harmonized.

(2)  Subsection (1)(l) was amended in SB 24-188. Those amendments were

superseded by the repeal of subsection (1)(l) in HB 24-1448.

Cross references: For the legislative declaration in SB 23-287, see section 1

of chapter 189, Session Laws of Colorado 2023. For the legislative declaration in SB 24-188, see section 1 of chapter 235, Session Laws of Colorado 2024.

C.R.S. § 22-54-112

22-54-112. Reports to the state board. (1) On or before November 15 of each year, the property tax administrator shall certify to the state board the valuations for assessment of all taxable property within each county and for each district or portion of a joint district in each county, with the exception of the city and county of Denver, for which the time of certification shall be on or before December 20. The furnishing of certified copies of the board of county commissioners' or its authorized party's certification of levies and revenue to the county assessor and the property tax administrator, as provided by section 39-1-111 (2), shall be considered as having fulfilled the requirement of this section.

(2) (a) (I)  For budget years commencing prior to July 1, 2023, on or before

November 10 of each year, the secretary of the board of education of each district shall certify to the state board the pupil enrollment, the online pupil enrollment, the extended high school pupil enrollment, and the preschool program enrollment of the district taken in the preceding October or previously in November.

(II)  For the 2023-24 budget year and each budget year thereafter, on or

before November 10 of each year, the secretary of the board of education of each district shall certify to the state board the pupil enrollment, the online pupil enrollment, and the extended high school pupil enrollment of the district taken in the preceding October.

(III)  For the 2023-24 budget year and each budget year thereafter, on or

before November 10 of each year, the secretary of the board of education of each district shall certify to the state board the number of three- and four-year-old pupils with disabilities who are not enrolled in kindergarten but are receiving an educational program under the Exceptional Children's Educational Act, article 20 of this title 22, as determined in the preceding October or previously in November, for purposes of determining funding pursuant to part 1 of article 20 of this title 22.

(b)  Repealed.


(c) (I)  On or before November 10 of each year, the secretary of the state

charter school institute board shall certify to the state board the pupil enrollment, the online pupil enrollment, and the extended high school pupil enrollment of each institute charter school taken in the preceding October.

(II)  For the 2023-24 budget year and each budget year thereafter, on or

before November 10 of each year, the secretary of the state charter school institute board shall certify to the state board the number of three- and four-year-old pupils with disabilities who are not enrolled in kindergarten but are receiving an educational program under the Exceptional Children's Educational Act, article 20 of this title 22, from each institute charter school, as determined in the preceding October or previously in November, for purposes of determining funding pursuant to part 1 of article 20 of this title 22.

(3) (a)  If the valuation for assessment for all or a part of any district has been

divided for an urban renewal area, pursuant to section 31-25-107 (9)(a), any report under this section must be based upon that portion of the valuation for assessment under section 31-25-107 (9)(a)(I), so long as the division remains in effect.

(b)  If the valuation for assessment for all or a part of any district has been

divided for a county revitalization area pursuant to section 30-31-109 (13)(a), any report under this section must be based upon that portion of the valuation for assessment under section 30-31-109 (13)(a)(I), so long as the division remains in effect.

(4) (a)  Except as otherwise provided in paragraph (b) of this subsection (4),

every school of a district, charter school of a district, and institute charter school shall include in the materials for pupil registration the pupil application form to participate under the federal Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq., referred to in this subsection (4) as the pupil application form. The registration materials shall include an explanation to parents that the pupil application form will be used by the school of the district, district charter school, or institute charter school to determine whether the school of the district, district charter school, or institute charter school is eligible for at-risk funding on behalf of the pupil and that, by filling out the form, the parent is ensuring that the school district or school will receive the at-risk funding to which it is entitled based on the population of at-risk pupils served by the school district or school.

(b)  If one or more schools of a school district or if a district charter school or

an institute charter school does not participate in the federal child nutrition programs under the federal Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq., or the federal Child Nutrition Act of 1966, 42 U.S.C. sec. 1771 et seq., the school district, the district charter school, or the institute charter school shall use the family economic data survey form created by the department of education to identify those pupils who qualify as at-risk pupils in lieu of the pupil application form.

(c)  In certifying the pupil enrollment pursuant to subsection (2) of this

section, the secretary of the board of education of each district and the secretary of the state charter school institute board shall specify as at-risk pupils those pupils identified through use of the pupil application form and the family economic data survey form.

(5)  On or before November 10, 2021, and on or before November 10 of each

year thereafter, in certifying the pupil enrollment pursuant to subsection (2) of this section, the secretary of the board of education of each district and the secretary of the state charter school institute board shall specify the number of English language learner pupils.

Source: L. 94: Entire article added with relocations, p. 799, � 2, effective

April 27. L. 2002: (2) amended, p. 1737, � 7, effective June 7. L. 2003: (2)(a) amended, p. 2124, � 13, effective May 22. L. 2004: (2)(c) added, p. 1639, � 45, effective July 1; (2)(b) repealed, p. 1199, � 57, effective August 4. L. 2005: (2)(a) amended, p. 1006, � 2, effective June 2. L. 2006: (2)(a) amended, p. 699, � 44, effective April 28. L. 2008: (4) added, p. 1198, � 9, effective May 22. L. 2009: (2)(a) amended, (HB 09-1319), ch. 286, p. 1320, � 10, effective May 21; (2)(a) amended, (SB 09-292), ch. 369, p. 1964, � 65, effective August 5. L. 2015: (2)(a) amended, (HB 15-1270), ch. 195, p. 658, � 4, effective August 5. L. 2021: (5) added, (SB 21-268), ch. 222, p. 1192, � 29, effective June 11; (1) amended, (HB 21-1267), ch. 257, p. 1513, � 1, effective September 7. L. 2022: (2)(c) amended, (HB 22-1390), ch. 237, p. 1756, � 26, effective May 26; (2)(a) and (2)(c) amended, (HB 22-1295), ch. 123, p. 782, � 13, effective July 1. L. 2024: (3) amended, (HB 24-1172), ch. 387, p. 2678, � 4, effective August 7.

Editor's note: (1)  This section is similar to former � 22-53-119 as it existed

prior to 1994.

(2)  Amendments to subsection (2)(a) by Senate Bill 09-292 and House Bill

09-1319 were harmonized.

(3)  Amendments to subsection (2)(c) by HB 22-1390 and HB 22-1295 were

harmonized.

Cross references: For the legislative declaration contained in the 2008 act

enacting subsection (4), see section 1 of chapter 286, Session Laws of Colorado 2008. For the legislative declaration in HB 22-1390, see section 1 of chapter 237, Session Laws of Colorado 2022.

C.R.S. § 22-9-105.5

22-9-105.5. State council for educator effectiveness - legislative declaration - membership - duties - recommendations - rules. (1) The general assembly hereby finds and declares that:

(a)  On January 13, 2010, the governor established by executive order the

governor's council for educator effectiveness;

(b)  The executive order charged the council with, among other duties,

considering options and providing recommendations concerning educator effectiveness and developing recommendations for definitions of principal and teacher effectiveness; and

(c)  The general assembly further finds and declares that it is in the best

interests of the people of the state of Colorado to codify in statute the governor's council for educator effectiveness because of the significant additional statutory duties and responsibilities that the general assembly is assigning to said council.

(2) (a)  There is hereby created in the office of the governor the state council

for educator effectiveness, referred to in this article as the council.

(b)  The members of the governor's council for educator effectiveness,

created by executive order B 2010-001, shall serve on the council, as appointed by the governor, and shall include:

(I)  The commissioner of education, or his or her designee;


(II)  The executive director of the department of higher education, or his or

her designee;

(III)  Four teachers, selected with the advice of state associations that

represent educators;

(IV)  Two public school administrators and one local school district

superintendent, each selected with the advice of a state association that represents school executives;

(V)  Two members of local school boards, selected with the advice of a state

association that represents school boards;

(VI)  One charter school administrator or teacher, selected with the advice of

a state advocacy group for charter schools;

(VII)  One parent of a public school student, selected with the advice of a

state parent and teachers association;

(VIII)  A current student or recent graduate of a Colorado public school,

selected with the advice of a statewide student coalition; and

(IX)  One at-large member with expertise in education policy.


(c)  The purpose of the council shall be the same as that of the governor's

council for educator effectiveness established by executive order, and shall be to consider options and make recommendations to the state board and the general assembly that seek to ensure that all licensed personnel are:

(I)  Evaluated using multiple fair, transparent, timely, rigorous, and valid

methods, at least fifty percent of which evaluation is determined by the academic growth of their students;

(II)  Afforded a meaningful opportunity to improve their effectiveness; and


(III)  Provided the means to share effective practices with other educators

throughout the state.

(3)  The council shall have the following duties:


(a)  On or before March 1, 2011, to provide the state board with

recommendations that will ensure that every teacher is evaluated using multiple fair, transparent, timely, rigorous, and valid methods. The recommendations developed pursuant to this paragraph (a) shall require that at least fifty percent of the evaluation is determined by the academic growth of the teacher's students and that each teacher is provided with an opportunity to improve his or her effectiveness through a teacher development plan that links his or her evaluation and performance standards to professional development opportunities. The quality standards for teachers shall include measures of student longitudinal academic growth that are consistent with the measures set forth in section 22-11-204 (2) and may include interim assessment results or evidence of student work, provided that all are rigorous and comparable across classrooms and aligned with state model content standards and performance standards developed pursuant to article 7 of this title. For the purposes of quality standards, expectations of student academic growth shall take into consideration diverse factors, including but not limited to special education, student mobility, and classrooms with a student population in which ninety-five percent meet the definition of high-risk student as defined in section 22-7-604.5 (1.5). The quality standards for teachers shall be clear and relevant to the teacher's roles and responsibilities and shall have the goal of improving student academic growth. The council shall include in its recommendations a definition of effectiveness and its relation to quality standards. The definition of effectiveness shall include, but need not be limited to, criteria that will be used to differentiate between performance standards. The defined performance standards shall include, but need not be limited to, highly effective, effective, and ineffective. The council shall consider whether additional performance standards should be established.

(a.5)  On or before March 1, 2011, to provide the state board with

recommendations that will ensure that every principal is evaluated using multiple fair, transparent, timely, rigorous, and valid methods. The recommendations pursuant to this paragraph (a.5) shall require that every principal is provided with a principal development plan. In making its recommendations, the council shall recognize that not all teachers and principals require the same amount of supervision and evaluation. As part of its recommendations to the state board, the council shall develop a process to enable a local school district to differentiate teacher and principal evaluations as part of its performance evaluation system.

(b)  On or before March 1, 2011, to provide the state board with

recommendations concerning the implementation and testing of the new performance evaluation system that is based on quality standards and with recommendations for the subsequent statewide implementation of the new performance evaluation system. The recommendations made pursuant to this paragraph (b) shall conform to the timeline set forth in subsection (10) of this section.

(b.5)  On or before March 1, 2011, to make recommendations to the state

board concerning the involvement and support of parents of children in public schools, to the effect that parents should act as partners with teachers and public school administrators;

(c)  On or before March 1, 2011, to provide the state board with

recommendations that will ensure development of a set of guidelines for establishing performance standards for each category of licensed personnel to be evaluated pursuant to this article. The guidelines shall outline criteria to be applied in assigning educators to appropriate performance standards, which shall include measures of student longitudinal academic growth.

(d)  On or before March 1, 2011, to develop and recommend to the state board

statewide definitions of principal effectiveness and teacher effectiveness, each of which shall be centered on an educator's demonstrated ability to achieve and sustain adequate student growth and shall include a set of professional skills and competencies related to improved student outcomes;

(e)  On or before March 1, 2011, to develop and recommend to the state board

guidelines for adequate implementation of a high-quality educator evaluation system that shall address, at a minimum, the following issues:

(I)  Ongoing training on the use of the system that is sufficient to ensure that

all evaluators and educators have a full understanding of the evaluation system and its implementation. The training may include such activities as conducting joint training sessions for evaluators and educators.

(II)  Evaluation results that are normed to ensure consistency and fairness;


(III)  Evaluation rubrics and tools that are deemed fair, transparent, rigorous,

and valid;

(IV)  Evaluations that are conducted using sufficient time and frequency, at

least annually, to gather sufficient data upon which to base the ratings contained in an evaluation;

(V)  Provision of adequate training and collaborative time to ensure that

educators fully understand and have the resources to respond to student academic growth data;

(VI)  Student data that is monitored at least annually to ensure the

correlation between student academic growth and outcomes with educator effectiveness ratings; and

(VII)  A process by which a nonprobationary teacher may appeal his or her

second consecutive performance rating of ineffective and submit such process by the first day of convening of the first regular session of the sixty-ninth general assembly to the education committees of the house of representatives and the senate, or any successor committees.

(f)  On or before March 1, 2011, to adopt and recommend to the state board a

rubric for identifying multiple additional quality standards, in addition to student academic growth, that are rigorous, transparent, valid, and fair;

(g)  On or before March 1, 2011, to make recommendations to the state board

for policy changes, as appropriate, that will support local school districts' use of evaluation data for decisions in areas such as compensation, promotion, retention, removal, and professional development;

(h)  On or before March 1, 2011, to make recommendations to the state board

for policy changes, as appropriate, that will ensure that the standards and criteria applicable to teacher and principal licensure and the accreditation of preparation programs are directly aligned with and support the preparation and licensure of effective educators;

(i)  On or before July 1, 2013, and July 1 each year thereafter during the

implementation of the performance evaluation system, the department shall report to the council the results of the implementation and testing of the performance evaluation system. Based on the results of the reports, the council may make additional recommendations to be incorporated in the following stage of implementation.

(j)  The council shall develop an implementation plan for its recommendations

and will identify tasks and the associated costs at the state and district levels. The recommendations shall include an implementation cost analysis, including assessment changes, assessment pilot study, staff training, research, data review, and any other tasks included in the council's recommendations. It is incumbent on the council to consult with the department and expert practitioners familiar with school finance and to report by March 1, 2011, on the costs to implement the council's recommendations.

(3.5)  The recommendations made by the council to the state board pursuant

to this section shall reflect a consensus vote. For any issue that the council was unable to reach a consensus, the council shall provide to the state board the reasons it was unable to reach a consensus.

(4)  The council's recommendations shall consist, at a minimum, of

recommendations that are applicable to school principals and teachers.

(5)  The council's recommendations may include changes to existing statutes

or rules, if appropriate, as well as recommendations for local implementation.

(6)  In making its recommendations, the council shall include the effect of

district- and school-level conditions, as measured by the nine performance standards set forth in the comprehensive appraisal for the district improvement rubric and biannual teaching, empowering, leading, and learning initiative survey of school working conditions, as well as any additional methods of assessing such conditions identified by the council as valid, transparent, and reliable.

(7)  The council may establish working groups, task forces, or other

structures from within its membership or outside its membership as needed to address specific issues or to assist in its work.

(8)  All recommendations made by the council pursuant to this section shall

reflect a consensus of its members.

(9)  Unless otherwise provided for, the office of the governor and the

department shall provide the council with the support, information, data, analytical information, and administrative support necessary to do its work.

(10) (a)  On or before September 1, 2011, the state board shall promulgate

rules with regard to the issues specified in paragraphs (a) to (h) of subsection (3) of this section, using the recommendations from the council. If the council fails to make recommendations to the state board by March 1, 2011, with regard to the issues specified in paragraphs (a) to (h) of subsection (3) of this section, the state board shall, on or before September 1, 2011, promulgate rules concerning any issues in said paragraphs (a) to (h) that the council did not address. In promulgating rules pursuant to this subsection (10), the state board shall conform to the following timeline:

(I)  Beginning with the 2011-12 school year, the department shall work with

school districts and boards of cooperative services to assist with the development of performance evaluation systems that are based on quality standards.

(II)  On or before January 15, 2012, the state board shall provide to the general

assembly the rules promulgated pursuant to this subsection (10). On or before February 15, 2012, the general assembly shall review and approve such rules as provided for in paragraph (b) of this subsection (10).

(III)  Beginning with the 2012-13 school year, if the general assembly

approves the rules promulgated pursuant to this subsection (10), the new performance evaluation system that is based on quality standards shall be implemented and tested as recommended by the council pursuant to paragraph (b) of subsection (3) of this section.

(IV) (A)  Beginning with the 2013-14 school year, if the general assembly

approves the rules promulgated pursuant to this subsection (10), and based on the results of the first level of implementation in the 2012-13 school year, the new performance evaluation system that is based on quality standards shall be implemented statewide in a manner as recommended by the council pursuant to paragraph (b) of subsection (3) of this section.

(B)  During the 2013-14 school year, teachers shall be evaluated based on

quality standards. Demonstrated effectiveness or ineffectiveness shall begin to be considered in the acquisition of probationary or nonprobationary status.

(V) (A)  Beginning with the 2014-15 school year, if the general assembly

approves the rules promulgated pursuant to this subsection (10), and based on the results of the first and second levels of implementation in the 2012-13 and 2013-14 school years, the new performance evaluation system that is based on quality standards shall be finalized on a statewide basis.

(B)  During the 2014-15 school year, teachers shall continue to be evaluated

based on quality standards. Demonstrated effectiveness or ineffectiveness shall be considered in the acquisition or loss of probationary or nonprobationary status.

(b)  On or before February 15, 2012, the general assembly shall review the

rules promulgated pursuant to paragraph (a) of this subsection (10) in a bill that is separate from the annual rule review bill introduced pursuant to section 24-4-103 (8)(d), C.R.S., and in accordance with the criteria and procedures specified in section 24-4-103 (8)(a) and (8)(d), C.R.S.; except that the general assembly reserves the right to repeal individual rules contained in the rules promulgated by the state board. If one or more rules is not approved by the general assembly pursuant to this paragraph (b), the state board shall promulgate emergency rules pursuant to section 24-4-103 (6), C.R.S., on such issue or issues and resubmit to the general assembly on or before May 1, 2012. The general assembly shall review the emergency rules promulgated according to the process outlined in this paragraph (b).

(11)  On or before November 1, 2011, the department shall create and make

available to school districts and boards of cooperative services a resource bank that identifies assessments, processes, tools, and policies that a school district or board of cooperative services may use to develop an evaluation system that addresses the provisions of this section. The department shall include resources that are appropriate to school districts and boards of cooperative services of different sizes, demographics, and locations. The department shall update the resource bank at least annually to reflect new research and ongoing experience in Colorado.

(12)  The department shall not be obligated to implement the provisions of

this section until sufficient funds have been received and credited to the great teachers and leaders fund, created in section 22-9-105.7. The department is hereby authorized to hire any employees necessary to carry out the provisions of this section. Any new positions created pursuant to this section shall be subject to the availability of funding and shall be eliminated at such time as moneys are no longer available in the great teachers and leaders fund. All position descriptions and notice to hire for positions created pursuant to this section shall clearly state that such position is subject to available funding.

Source: L. 2010: Entire section added, (SB 10-191), ch. 241, p. 1056, � 5,

effective May 20.

C.R.S. § 22-9-106

22-9-106. Local boards of education - duties - performance evaluation system - compliance - rules. (1) All school districts and boards of cooperative services that employ licensed personnel shall adopt a written system to evaluate the employment performance of school district and board of cooperative services licensed personnel, including all teachers, principals, and administrators, with the exception of licensed personnel employed by a board of cooperative services for a period of six weeks or less. In developing the licensed personnel performance evaluation system and any amendments thereto, the local board and board of cooperative services shall comply with subsection (1.5) of this section and shall consult with administrators, principals, and teachers employed within the district or participating districts in a board of cooperative services, parents, and the school district licensed personnel performance evaluation council or the board of cooperative services personnel performance evaluation council created pursuant to section 22-9-107. The performance evaluation system must address all of the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5, and must contain, but need not be limited to, the following information:

(a)  The title or position of the evaluator for each licensed personnel position

to be evaluated;

(b)  The licensed personnel positions to be evaluated, which shall include all

licensed personnel, all part-time teachers as defined in section 22-63-103 (6), and all administrators and principals;

(c)  The frequency and duration of the evaluations, which must be on a

regular basis and of such frequency and duration as to ensure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn. At a minimum, the performance evaluation system must ensure that:

(I)  Probationary teachers receive at least two documented observations and

one evaluation that results in a written evaluation report pursuant to subsection (3) of this section each academic year. Probationary teachers shall receive the written evaluation report at least two weeks before the last class day of the school year.

(II)  Nonprobationary teachers receive at least one observation each

academic year and one evaluation that results in a written evaluation report pursuant to subsection (3) of this section each academic year according to the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5. Nonprobationary teachers must receive the written evaluation report at least two weeks before the last class day of the school year.

(III)  Principals shall receive one evaluation that results in a written evaluation

report pursuant to subsection (3) of this section each academic year according to the performance standards established by rule of the state board and adopted by the general assembly pursuant to section 22-9-105.5.

(IV)  (Deleted by amendment, L. 2010, (SB 10-191), ch. 241, p. 1063, � 7,

effective May 20, 2010.)

(d)  The purposes of the evaluation, which must include but need not be

limited to:

(I)  Providing a basis for the improvement of instruction;


(II)  Enhancing the implementation of programs of curriculum;


(III)  Providing the measurement of satisfactory performance for individual

licensed personnel and serving as documentation for an unsatisfactory performance dismissal proceeding under article 63 of this title;

(IV)  Serving as a measurement of the professional growth and development

of licensed personnel; and

(V) (A)  Repealed.


(B)  Measuring the level of effectiveness of all licensed personnel within the

school district.

(e) (I)  Repealed.


(II)  The standards set by the local board for effective performance for

licensed personnel and the criteria to be used to determine whether the performance of each licensed person meets the standards and other criteria for evaluation for each licensed personnel position evaluated. One of the standards for measuring teacher effectiveness must be directly related to classroom instruction and must require that thirty percent of the evaluation is determined by the academic growth of the teacher's students. The remainder of the evaluation must be based on attainment of the quality standards. The district accountability committee shall provide input and recommendations concerning the assessment tools used to measure student academic growth as it relates to teacher evaluations. The standards must include multiple measures of student performance in conjunction with student growth expectations. For the purposes of measuring effectiveness, expectations of student academic growth must take into consideration diverse factors, including but not limited to special education, student mobility, and classrooms with a student population in which ninety-five percent meet the definition of high-risk student as defined in section 22-7-604.5 (1.5). The performance evaluation system must also ensure that the standards and criteria are available in writing to all licensed personnel and are communicated and discussed by the person being evaluated and the evaluator prior to and during the course of the evaluation.

(III)  Except as otherwise provided in subsection (1)(e)(IV) of this section, for

performance evaluations completed for the 2023-24 school year and school years thereafter, of the thirty percent of a teacher's evaluation that is based on student academic growth, up to ten percent may be based on measures of collective student academic growth that are based on the performance of all students enrolled at a particular grade level within the school in which the teacher is employed or the performance of all students enrolled in the school in which the teacher is employed, but a teacher's evaluation must not include measures of collective student academic growth that are based on the performance of students who are not enrolled in the school in which the teacher is employed.

(IV)  For performance evaluations completed for the 2023-24 school year and

school years thereafter, the evaluation of a licensed person who has been employed by a school district or board of cooperative services for one school year or less must not include data that was created prior to the date on which the licensed person commenced employment with the school district or board of cooperative services.

(f)  The methods of evaluation, which must include, but are not limited to,

direct observations by the evaluator and a process of systematic data-gathering. School districts and boards of cooperative services are encouraged to experiment, with the agreement of their school district personnel performance evaluation councils, with innovative methods of observation, which may include observations by mentors or teaching coaches, peers, department leaders, and video or digital recording; and a peer assistance and review model that allows licensed personnel to be evaluated by peers who are licensed in the same field as the licensed person being evaluated and, if feasible, have more than one year of experience.

(1.5) (a)  A local board or board of cooperative services may adopt the state

model licensed personnel performance evaluation system established by the rules promulgated by the state board pursuant to section 22-9-105.5 or may develop its own local licensed personnel evaluation system that complies with the requirements established pursuant to this section and the rules promulgated by the state board. If a school district or board of cooperative services develops its own local licensed personnel evaluation system, the local board or board of cooperative services or any interested party may submit to the department, or the department may solicit and collect, data related to said personnel evaluation system for review by the department.

(b)  The department shall monitor school districts' and boards of cooperative

services' implementation of the requirements for local licensed personnel evaluation systems. If, upon initial review by the department, the data submitted or collected pursuant to paragraph (a) of this subsection (1.5) indicates that a school district or board of cooperative services is unable to implement a local licensed personnel evaluation system that meets the objectives of this article, the department shall conduct a more thorough review of the school district's or board of cooperative services' processes and procedures for said evaluation system to ensure that it is professionally sound; results in fair, adequate, and credible evaluations; satisfies the quality standards established by rule of the state board in a manner that is appropriate to the size, demographics, and location of the local board or board of cooperative services; and is consistent with the goals, objectives, and intent of this article.

(c) (I)  Pursuant to section 22-11-206 (4)(b), if the department has reason to

believe that a local licensed personnel evaluation system developed by a local board or board of cooperative services is not in substantial compliance with one or more of the applicable statutory or regulatory requirements of this article, the department shall notify the local board or board of cooperative services that it has ninety days after the date of the notice to bring its local licensed personnel evaluation system into compliance. The department shall work collaboratively with the school district or board of cooperative services during the ninety-day period to bring the local licensed personnel evaluation system into compliance with the applicable statutory or regulatory requirements.

(II)  If, at the end of the ninety-day period, the department finds that the local

licensed personnel evaluation system is not substantially in compliance with the applicable statutory or regulatory requirements, the department shall determine the appropriate remedies to correct the identified areas of noncompliance, including but not limited to:

(A)  Extending the time frame for compliance;


(B)  Imposing interventions specified in article 11 of this title; or


(C)  As a last resort, requiring the school district or board of cooperative

services to implement some or all of the state model system. A school district or board of cooperative services shall only be required to implement those aspects of the state model system that are deemed necessary to bring the local licensed personnel evaluation system into compliance.

(III)  If the department determines that the noncompliance is substantial

enough to call into question the validity of the educator evaluation ratings, the department may take appropriate action that may include invalidating the school district's or board of cooperative services' educator ratings for the evaluation cycles in question. If the department determines that the noncompliance requires invalidating the school district's or board of cooperative services' educator ratings:

(A)  A teacher who received a rating of effective or highly effective shall

retain that rating; and

(B)  A teacher who received a rating of partially effective or ineffective shall

receive a no score rating for the year in question. However, if in the following academic year, the department determines that the school district's or board of cooperative services' local licensed personnel evaluation system is compliant with the requirements of this article and the teacher receives a performance evaluation rating of ineffective or partially effective, this rating shall have the consequence of a second consecutive ineffective rating.

(d)  The general assembly finds that, for purposes of section 17 of article IX

of the state constitution, the review of local licensed personnel evaluation systems as provided for in this subsection (1.5) is an important component of an accountable program to meet state academic standards and, therefore, may be funded from moneys in the state education fund created in section 17 (4) of article IX of the state constitution.

(2)  In implementing such evaluation system and procedures, the school

district or board of cooperative services shall conduct all evaluations so as to observe the legal and constitutional rights of licensed personnel, and no evaluation information shall be gathered by electronic devices without the consent of the licensed personnel. No informality in any evaluation or in the manner of making or recording any evaluation shall invalidate such evaluation.

(2.5) (a)  Repealed.


(b) (I)  The council shall actively participate with the local board in developing

written standards for evaluation that clearly specify performance standards and the quality standards and the criteria to be used to determine whether the performance of each licensed person meets such standards pursuant to subsection (1)(e) of this section.

(II)  Repealed.


(c)  Notwithstanding any provision of paragraph (e) of subsection (1) of this

section or subsection (7) of this section to the contrary:

(I)  A local board may use the results of the state assessments administered

pursuant to section 22-7-1006.3 in the 2014-15 school year only as baseline data for measuring student academic growth in the 2015-16 school year and school years thereafter; and

(II)  A local board may use the results of state assessments administered

pursuant to section 22-7-1006.3 as a measure of student academic growth for evaluations prepared for the school year in which the assessments are administered only if the local board receives the results by the date by which probationary teachers and nonprobationary teachers must receive the written evaluation report as provided in paragraph (c) of subsection (1) of this section. If a local board does not receive the results of state assessments in time to use them in the written evaluation report prepared for the school year in which the assessments are administered, the local board shall use the results of the state assessments as measures of student academic growth for educator evaluations and professional development in the school year following the school year in which the assessments are administered. In any year in which a local board does not receive the state assessment results by the deadline for the written evaluation reports, the local board must use alternate measures of student academic growth, including the results of local assessments if available.

(3) (a)  An evaluation report shall be issued upon the completion of an

evaluation made pursuant to this section and must:

(I)  Be in writing;


(II)  Contain a written improvement plan that is specific as to what

improvements, if any, are needed in the performance of the licensed personnel and clearly sets forth recommendations for improvements, including recommendations for additional education and training during the licensed person's license renewal process;

(III)  Be specific as to the strengths and weaknesses in the performance of

the individual being evaluated;

(IV)  Specifically identify when a direct observation was made;


(V)  Identify data sources;


(VI)  Be discussed and be signed by the evaluator and the person being

evaluated, each to receive a copy of the report. The signature on the report of any person does not indicate agreement with the information contained in the report. If the person being evaluated disagrees with any of the conclusions or recommendations made in the evaluation report, the person may attach any written explanation or other relevant documentation that the person deems necessary.

(VII)  Be reviewed by a supervisor of the evaluator, whose signature must also

appear on said report.

(b)  A school district or board of cooperative services shall complete the

written evaluations for all licensed personnel employed by the school district or board of cooperative services and shall report the final performance ratings for all licensed personnel who were evaluated to the department no later than October 15 of the school year following the school year for which the evaluations are completed.

(3.2) (a)  In addition to the items specified in subsection (3) of this section, the

evaluation of a teacher may include any peer, parent, or student input obtained from standardized surveys.

(b)  In addition to the items specified in subsection (3) of this section, each

principal's evaluation shall include input from the teachers employed in the principal's school and may include input from the students enrolled in the school and their parents. Each school district shall specify the manner in which input from teachers and from students and parents, if any, is collected but shall ensure that the information collected remains anonymous and confidential.

(3.3)  Each principal or administrator who is responsible for evaluating

licensed personnel shall keep records and documentation for each evaluation conducted. Each principal and administrator who is responsible for evaluating licensed personnel shall be evaluated as to how well he or she complies with this section and with the school district's evaluation system.

(3.5) (a)  Repealed.


(b) (I)  A teacher or principal whose performance is deemed to be ineffective

pursuant to paragraph (e) of subsection (1) of this section shall receive written notice that his or her performance evaluation shows a rating of ineffective, a copy of the documentation relied upon in measuring his or her performance, and identification of deficiencies.

(II) to (IV)  Repealed.


(4) (a)  Except as provided in subsection (4)(b) of this section, a person shall

not be responsible for the evaluation of licensed personnel unless the person has a principal or administrator license issued pursuant to article 60.5 of this title 22, or is a designee of a person with a principal or administrator license, and has received education and training in evaluation skills provided or approved by the department that will enable the person to make fair, professional, and credible evaluations of the personnel whom the person is responsible for evaluating. Pursuant to section 22-9-104 (1.5), the department shall make available at no cost to each school district and board of cooperative services training for persons who are responsible for evaluating licensed personnel. A person shall not be issued a principal or administrator license or have a principal or administrator license renewed unless the state board determines that the person has received education and training provided or approved by the department.

(b)  A local board of education is authorized to evaluate the performance of

the superintendent of the school district. The responsibility for conducting the performance evaluation of the superintendent rests exclusively with the local board of education.

(c)  Each school district and board of cooperative services is encouraged to

provide training to multiple persons to serve as evaluators to enable a licensed person being evaluated to request an alternative evaluator.

(4.3)  Notwithstanding any provision of this section to the contrary, a person

who is employed in multiple roles simultaneously may receive a single evaluation that takes into account the person's performance of his or her responsibilities in each role. The person's supervisor shall conduct the evaluation or, if the person is employed as a school district superintendent, the local board of education shall conduct the person's evaluation.

(4.5) (a)  Repealed.


(b)  Any person whose performance evaluation includes a remediation plan

shall be given an opportunity to improve his or her effectiveness through the implementation of the plan. If the next performance evaluation shows that the person is performing effectively, no further action shall be taken concerning the original performance evaluation. If the evaluation shows the person is still not performing effectively, he or she shall receive written notice that his or her performance evaluation shows a rating of ineffective, a copy of the documentation relied upon in measuring the person's performance, and identification of deficiencies. Each school district shall ensure that a nonprobationary teacher who objects to a rating of ineffectiveness has an opportunity to appeal that rating, in accordance with a fair and transparent process developed, where applicable, through collective bargaining. At a minimum, the appeal process provided shall allow a nonprobationary teacher to appeal the rating of ineffectiveness to the superintendent of the school district and shall place the burden upon the nonprobationary teacher to demonstrate that a rating of effectiveness was appropriate. The appeal process shall take no longer than ninety days, and the nonprobationary teacher shall not be subject to a possible loss of nonprobationary status until after a final determination regarding the rating of ineffectiveness is made. For a person who receives a performance rating of ineffective, the evaluator shall either make additional recommendations for improvement or may recommend the dismissal of the person, which dismissal shall be in accordance with the provisions of article 63 of this title if the person is a teacher. This paragraph (b) shall take effect at such time as the performance evaluation system based on quality standards established pursuant to this section and the rules promulgated by the state board pursuant to section 22-9-105.5 has completed the initial phase of implementation and has been implemented statewide. The commissioner shall provide notice of such implementation to the revisor of statutes on or before July 1, 2014, and each July 1 thereafter until statewide implementation occurs.

(5)  The school district or board of cooperative services licensed personnel

performance evaluation system, processes, and procedures must be in accord with the rules adopted by the state board. The system shall be developed after consultation with the school district or board of cooperative services licensed personnel performance evaluation council created pursuant to section 22-9-107 with regard to the planning, development, adoption, and implementation of such system, and said council shall conduct a continuous evaluation of said system.

(6)  Pursuant to subsection (1.5) of this section, the department shall approve

any school district's or board of cooperative services' local licensed personnel performance evaluation system and related processes and procedures to determine whether such system, processes, and procedures are consistent with this article.

(7)  Every principal must be evaluated using multiple fair, transparent, timely,

rigorous, and valid methods. The recommendations developed pursuant to this subsection (7) must require that thirty percent of the evaluation is determined by the academic growth of the students enrolled in the principal's school, and the remainder of the evaluation is based on the principal's attainment of the quality standards. For principals, the quality standards must include, but need not be limited to:

(a)  Achievement and academic growth for those students enrolled in the

principal's school, as measured by the Colorado growth model set forth in section 22-11-202;

(b)  The number and percentage of licensed personnel in the principal's

school who are rated as effective or highly effective; and

(c)  The number and percentage of licensed personnel in the principal's

school who are rated as ineffective but are improving in effectiveness.

(8)  On or before August 1, 2014, each local board of education shall develop,

in collaboration with a local teachers association or, if none exists, with teachers from the district, an incentive system, the purpose of which shall be to encourage effective teachers in high-performing schools to move to jobs in schools that have low performance ratings.

(9)  Repealed.


Source: L. 84: Entire article added, p. 587, � 1, effective May 14. L. 90: IP(1),

(1)(b) to (1)(e), (3)(b), and (4) amended and (2.5), (3.5), and (4.5) added, p. 1128, � 3, effective May 31; (4.5) amended, p. 1846, � 38, effective July 1. L. 92: IP(1), (1)(d), (2), (2.5), (3.5), (5), and (6) amended, p. 472, � 6, effective April 29. L. 98: (1), (2.5), (3), (4), and (4.5) amended and (3.2) and (3.3) added, p. 286, �� 4, 5, effective July 1. L. 2000: IP(1), (1)(a), (1)(b), (1)(d)(III), (1)(d)(IV), (1)(d)(V), (1)(e), (2), (2.5), (3)(b), (3.3), (4), and (5) amended, p. 1851, � 46, effective August 2. L. 2001: (4) amended, p. 52, � 1, effective August 8. L. 2004: (6) amended, p. 1285, � 16, effective May 28. L. 2006: (1)(c), (3)(b), (3.2), (3.5), and (4.5) amended, p. 1241, � 6, effective May 26. L. 2010: IP(1), (1)(c), (1)(d)(V), (1)(e), (2.5), (3.3), (3.5), (4)(a), and (4.5) amended and (7) and (8) added, (SB 10-191), ch. 241, p. 1063, � 7, effective May 20. L. 2013: IP(1), (5), and (6) amended and (1.5) added, (HB 13-1257), ch. 237, p. 1151, � 1, effective May 17. L. 2014: (2.5)(b) amended, (SB 14-165), ch. 161, p. 569, � 1, effective May 9. L. 2015: (2.5)(b)(II)(A) amended and (2.5)(c) added, (HB 15-1323), ch. 204, p. 717, � 10, effective May 20; (4.3) added, (HB 15-1321), ch. 217, p. 799, � 8, effective May 22. L. 2016: (3.5)(b)(IV) repealed, (SB 16-189), ch. 210, p. 762, � 35, effective June 6. L. 2021: (9) added, (HB 21-1161), ch. 10, p. 58, � 2, effective March 16. L. 2022: IP(1), IP(1)(c), (1)(c)(II), IP(1)(d), (1)(d)(V)(B), (1)(e)(II), (1)(f), (1.5)(a), (2.5)(b)(I), (3), (4), and IP(7) amended, (1)(e)(III) and (1)(e)(IV) added, and (3.5)(b)(III) repealed, (SB 22-070), ch. 214, p. 1412, � 3, effective May 24; (9) amended, (SB 22-069), ch. 281, p. 2025, � 2, effective May 31.

Editor's note: (1) (a)  The revisor of statutes received the notices referred to

in former subsections (1)(d)(V)(A), (1)(e)(I), (2.5)(a), (3.5)(a), and (4.5)(a) that caused the repeal of those provisions, effective June 27, 2013.

(b)  The revisor of statutes received the notices referred to in subsections

(1)(d)(V)(B), (1)(e)(II), (2.5)(b), (3.5)(b), and (4.5)(b) that allowed those provisions to become effective June 27, 2013.

(2)  Subsection (3.5)(b)(IV) provided for the repeal of subsection (3.5)(b)(II),

effective February 15, 2013. (See L. 2010, p. 1063.)

(3) (a)  Subsection (2.5)(b)(II)(B) provided for the repeal of subsection

(2.5)(b)(II), effective July 1, 2015. (See L. 2014, p. 569.)

(b)  Subsection (2.5)(b)(II)(A) was amended in HB 15-1323. Those amendments

were superseded by the repeal of subsection (2.5)(b)(II), effective July 1, 2015. For the amendments to subsection (2.5)(b)(II)(A) in effect from May 20, 2015, to July 1, 2015, see chapter 204, Session Laws of Colorado 2015. (See. L. 2015, p. 717.)

(4)  Subsection (9)(b) provided for the repeal of subsection (9), effective July

1, 2024. (See L. 2022, p. 2025.)

Cross references: For the legislative declaration in SB 22-069, see section 1

of chapter 281, Session Laws of Colorado 2022.

C.R.S. § 22-93-104

22-93-104. Rules. (1) On or before April 1, 2012, or not more than ninety days after the department receives sufficient moneys to implement this article as described in section 22-93-102 (2), whichever is later, the state board shall promulgate rules for the administration of this article, including but not limited to:

(a)  Application procedures by which public schools, facility schools, and

collaborative groups of public schools and facility schools may apply for grants pursuant to this article;

(b)  Criteria for the department to apply in selecting the public schools,

facility schools, and collaborative groups of public schools and facility schools that shall receive grants and determining the amount of grant moneys to be awarded to each grant recipient, which criteria, at a minimum, shall require each grant recipient to:

(I)  Use awarded grant moneys for purposes that are based upon evidence-based best practices for preventing bullying;


(II)  Use at least a portion of awarded grant moneys for the purpose of

educating students' parents and legal guardians regarding the grant recipient's policies concerning bullying prevention and education and the grant recipient's ongoing efforts to reduce the frequency of bullying incidents; and

(III)  Adopt a specific policy concerning bullying education and prevention

that includes:

(A)  Provisions for the biennial administration of surveys of students'

impressions of the severity of bullying in their schools, the administration of which surveys, at a minimum, shall satisfy the rules promulgated by the state board pursuant to paragraph (c) of this subsection (1); and

(B)  The designation of a team of persons at each school of the school district

who advise the school administration concerning the severity and frequency of bullying incidents that occur in the school, which team may include, but need not be limited to, law enforcement officials, social workers, prosecutors, health professionals, mental health professionals, counselors, teachers, administrators, parents, and students.

(c)  Rules for the administration of surveys of students' impressions of the

severity of bullying in their schools, which procedures, at a minimum, shall include:

(I)  Procedures for the distribution, collection, standardization, and analysis of

data collected in each survey, which procedures shall ensure the confidentiality of each student's answers to the survey and clarify that the completion of a survey shall be voluntary and shall not be required of any student;

(II)  Certain questions that each survey shall ask of each student concerning

how frequently the student witnesses bullying at his or her school and how frequently the student perceives himself or herself to be a victim of bullying; and

(III)  Provisions to ensure that, to the extent practicable, a school district or

school, including a district charter school or an institute charter school, may utilize existing forms and procedures in administering the surveys.

(d)  The designation of a date by which the department shall annually submit

to the state board and to the education committees of the senate and house of representatives, or any successor committees, the information described in section 22-93-103 (4).

Source: L. 2011: Entire article added, (HB 11-1254), ch. 173, p. 649, � 1,

effective May 13.

C.R.S. § 22-96-101

22-96-101. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a)  Colorado ranks fortieth in the nation in the school nurse-to-student ratio;


(b)  The federal center for disease control's healthy people 2020

recommended one school nurse for every seven hundred fifty general education students, but many school nurses in Colorado are responsible for as many as six thousand students, making it difficult to provide the social-emotional support necessary to students and staff;

(c)  In 2011, prior to the legalization of retail marijuana, almost forty percent

of students surveyed reported having tried marijuana one or more times, with nine percent reporting that they had tried marijuana before age thirteen;

(d)  In addition, twenty-two percent of students reported using marijuana one

or more times in the last thirty days, with six percent reporting that they had used marijuana on school property one or more times;

(e)  The legalization of retail marijuana is anticipated to increase the

availability of marijuana to underage youth;

(f)  Marijuana use by minors can have immediate and lasting health

implications, and many youth who engage in substance abuse develop or have underlying behavioral health needs;

(g)  School health professionals have already started to experience the

results of marijuana as a newly legalized substance in increased visits to the health office and referrals from school staff; and

(h)  School health professionals are in a unique position to educate, assess,

and treat youth who have substance abuse or behavioral health issues.

(2)  The general assembly further finds and declares that a program to

provide matching grants to education providers to enhance the presence of school health professionals in schools throughout the state will facilitate better screening, education, and referral care coordination for students with substance abuse and other behavioral health needs.

Source: L. 2014: Entire article added, (SB 14-215), ch. 352, p. 1603, � 3,

effective July 1. L. 2017: (2) amended, (SB 17-068), ch. 138, p. 462, � 2, effective August 9.

Cross references: For the legislative declaration in SB 17-068, see section 1

of chapter 138, Session Laws of Colorado 2017.

C.R.S. § 23-15-103

23-15-103. Definitions. As used in this article, unless the context otherwise requires:

(1)  Authority means the Colorado educational and cultural facilities

authority created by this article.

(2)  Board means the board of directors of the authority.


(3)  Bond, note, bond anticipation note, certificate of participation, or

other obligation means any bond, note, certificate of participation in annually renewable leases, debenture, interim certificate, or other evidence of financial indebtedness issued by the authority pursuant to this article or issued by another issuer pursuant to other statutory authority, including refunding bonds.

(4)  Bond resolution means the resolution authorizing the issuance of, or

providing terms and conditions related to, bonds issued under the provisions of this article and includes any trust agreement, trust indenture, indenture of mortgage, or deed of trust providing terms and conditions for such bonds.

(5)  Commission means the Colorado commission on higher education.


(6)  Costs, as applied to facilities financed in whole or in part under the

provisions of this article, means and includes the sum total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, equipment, enlargement, improvement, and extension of such facilities and the acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interest acquired, necessary, used for, or useful for or in connection with a facility and all other undertakings which the authority deems reasonable or necessary for the development of a facility, including without limitation the cost of studies and surveys, of land title and mortgage guaranty policies, of plans, specifications, and architectural and engineering services, of legal, accounting, organization, marketing, or other special services, of financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings, of rehabilitation, reconstruction, repair, or remodeling of existing buildings, and of all other necessary and incidental expenses, including working capital, an initial bond, and interest reserve funds, together with interest on bonds issued to finance such facilities until a date not more than six months subsequent to the estimated date of completion.

(6.3) (a)  Cultural institution means any governmental, quasi-governmental,

or nonprofit institution that engages in cultural, intellectual, scientific, educational, or artistic enrichment. Cultural institution includes, without limitation, any aquarium, botanical society, educational society, historical society, library, museum, gallery, performing arts association or society, nonprofit sports association, committee, or governing body, scientific society, natural history society or organization, zoological society, society for western history and western culture, sponsor of housing facilities that serve the cultural needs of their residents, and any private nonprofit foundation, nonprofit association, or other entity that is organized principally for the support and benefit of any of the foregoing.

(b)  Cultural institution also includes any governmental, quasi-governmental, or nonprofit institution, corporation, association, or organization that,

through one or more affiliates, directly or indirectly engages in cultural, intellectual, scientific, educational, or artistic enrichment in this state or outside this state if:

(I)  Such institution, corporation, association, or organization, or an affiliate of

such an entity, is engaged in a financing or refinancing on behalf of a facility within this state or outside of this state; and

(II)  Such institution, corporation, association, or organization, or an affiliate

of such an entity, operates a cultural facility within this state.

(c)  (Deleted by amendment, L. 2003, p. 2055, � 1, effective May 22, 2003.)


(6.5)  Deep discount means any obligation for which the original purchase

price is substantially less than the par amount paid upon maturity.

(7)  (Deleted by amendment, L. 2006, p. 1496, � 31, effective June 1, 2006.)


(8) (a)  Educational institution means any governmental, quasi-governmental, or nonprofit educational institution operating in this state that:


(I)  Provides an educational program for which it awards a bachelor's degree;

or

(II)  Provides not less than a two-year program which is acceptable for full

credit towards such a degree; or

(III)  Provides not less than a six-month program of training to prepare

students for gainful employment; or

(IV)  Provides not less than a six-month program of training to develop,

improve, or enhance the occupational skills of persons in their current positions of employment or of persons seeking employment in a new or different occupation; or

(V)  Provides an educational program pursuant to a charter from a school

district in accordance with applicable laws; or

(VI)  Provides an educational program to the residents of the state; or


(VII)  Provides or finances, directly or indirectly through one or more

affiliates, an educational program or educational services in this state or outside this state; or

(VIII)  Is any public school district; or


(IX)  Provides an educational program pursuant to a contract with the state

charter school institute in accordance with applicable laws.

(b)  (Deleted by amendment, L. 2004, p. 1518, � 1, effective May 28, 2004.)


(c)  Educational institution includes any private foundation, nonprofit

association, or any other entity which is organized principally for the support and benefit of any educational institution defined in paragraph (a) of this subsection (8) and includes but is not limited to the Auraria higher education center. Any reference in this article to educational institution supported in whole or in part by state funds includes but is not limited to the Auraria higher education center.

(8.5) (a) (I) (A)  Facility, in the case of a participating educational institution,

means any structure or building suitable for use as a housing facility, an instructional facility, an administration building, a research facility, a laboratory, a maintenance, storage, or utility facility, an auditorium, a dining hall, a food service and preparation facility, a mental or physical health-care facility, a recreational facility, a hotel, or a student center facility or any other structure or facility required or useful for the operation of an educational institution, including, but not limited to: Offices, parking lots and garages, eating or drinking establishments, gift shops, lodging, and other supporting service structures; any equipment, furnishings, and appurtenances necessary or useful in the operation of a participating educational institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility.

(B)  Facility, in the case of a participating educational institution, also

means any structure or building described in sub-subparagraph (A) of this subparagraph (I) that is located within the state or outside the state and that is operated or financed by an educational institution if such institution operating or financing such structure or building, or an affiliate of such institution, operates or finances an educational facility within this state.

(II) (A)  Facility, in the case of a cultural institution, means any property that

is suitable for the particular purposes of a cultural institution, including, without limitation, any such property suitable for use as or in connection with the operation of any one or more of the following: An administrative facility, an aquarium, an assembly hall, an auditorium, a botanical garden, an exhibition or performance hall or structure, a gallery, a greenhouse, a library, a museum, a scientific laboratory, a film center, a hotel, a housing facility that serves the cultural needs of its residents and is being financed as part of a multistate program of financing educational or cultural facilities under this article, a theater, or a zoological facility; and also including, without limitation, the books, works of art or music, and the animal, plant, or aquatic life or other items contained therein for display, exhibition, or performance. The term facility includes any other structure or facility required or useful for the operation of a cultural institution including, but not limited to, offices, parking lots and garages, eating or drinking establishments, gift shops, lodging, and other supporting service structures; any equipment, furnishings, and appurtenances necessary or useful in the operation of a cultural institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility. The term facility also includes buildings on the national register of historic places that are owned or operated by nonprofit or governmental entities, including the authority.

(B)  Facility, in the case of a cultural institution, also means any property

described in sub-subparagraph (A) of this subparagraph (II) that is located within the state or outside the state and that is operated or financed by a cultural institution if such institution operating or financing such property, or an affiliate of such institution, also operates or finances a cultural facility within this state.

(b)  Facility does not include such items as food, fuel, supplies, or other

items which are customarily considered as current operating expenses or charges.

(9)  Refinancing of outstanding obligations means liquidation, with the

proceeds of bonds or notes issued by the authority, of any indebtedness of a participating educational institution or cultural institution incurred prior to, on, or after July 1, 1981, to finance or aid in financing a lawful purpose of such institution not financed pursuant to this article which would constitute a facility had it been undertaken and financed by the authority. The term also means consolidation of such indebtedness with indebtedness of the authority incurred for a facility related to the purpose for which the indebtedness of such institution was initially incurred.

(10)  Revenues means, with respect to facilities, the rents, fees, charges,

interest, principal repayments, and other income received or to be received by the authority from any source on account of such facilities.

(11)  Zero-coupon means any obligation, as defined in subsection (3) of this

section, which is payable in one payment on a fixed date.

Source: L. 81: Entire article added, p. 1096, � 1, effective July 1. L. 83: (8)(a)(III)

amended and (8)(c) added, p. 804, � 1, effective May 25. L. 85: (8)(a)(III) and (8)(c) amended and (8)(a)(IV) added, p. 786, � 1, effective April 12. L. 88: (11) added, p. 849, � 2, effective April 20. L. 89: (6.3) added and (7)(a) and (9) amended, p. 986, � 2, effective April 8; (3) and (11) amended and (6.5) added, p. 982, � 2, effective April 12. L. 98: (1), (7)(a)(I), (8), and (9) amended, p. 601, � 3, effective May 4. L. 2000: (6.3), (7)(a), and IP (8)(a) amended and (8)(a)(VII) added, p. 404, � 2, effective April 13. L. 2002: (8)(a)(VIII) added, p. 1744, � 16, effective June 7. L. 2003: (6.3)(c), (7)(b), and (8)(b) amended, p. 2055, � 1, effective May 22. L. 2004: (6.3)(a), (7)(a)(II)(A), and (8)(b) amended, p. 1518, � 1, effective May 28; (8)(a)(VIII) amended and (8)(a)(IX) added, p. 1648, � 57, effective July 1. L. 2006: (7) amended and (8.5) added, p. 1496, � 31, effective June 1. L. 2008: (8)(a)(VIII) amended, p. 1066, � 11, effective May 22. L. 2024: (8.5)(a)(I)(A) and (8.5)(a)(II)(A) amended, (HB 24-1295), ch. 268, p. 1751, � 2, effective May 28.

C.R.S. § 23-15-120

23-15-120. Fees. (1) All expenses of the authority incurred in carrying out the provisions of this article shall be payable solely from funds provided pursuant to this article, and no liability shall be incurred by the authority beyond the moneys which are provided pursuant to this article; except that, for the purposes of meeting the necessary expenses of initial organization and operation until such date as the authority derives moneys from funds provided pursuant to this article, the authority may borrow such moneys as may be required for the necessary expenses of organization and operation. Such borrowed moneys shall be repaid within a reasonable time after the authority receives funds provided pursuant to this article.

(2)  Nothing in this article shall be construed to imply mandatory participation

by an educational institution or a cultural institution. An initial planning service fee in an amount determined by the authority shall be paid to the authority by each participating educational institution or cultural institution that applies for financial assistance to provide for its facilities. Such initial planning service fees shall be included in the cost of the facilities to be financed and shall not be refundable by the authority, whether or not any such application is approved or, if approved, whether or not such financial assistance is accomplished. In addition to such initial fee, an annual planning service fee shall be paid to the authority by each participating educational institution or cultural institution in an amount determined by the authority. Such fees shall be paid on said dates or in such installments as may be satisfactory to the authority. Such fees may be used for:

(a)  Necessary expenses to determine the need for facilities;


(b)  Necessary administrative expenses; and


(c)  Reserves for anticipated future expenses.


(3)  In addition, the authority may retain, for a negotiated fee, the services of

any other public or private person, firm, partnership, association, or corporation for the furnishing of services and data for use by the authority in determining the need and location of any such facilities for which application is being made or for such other services or surveys as the authority deems necessary to carry out the purposes of this article.

(4)  The authority may charge a reasonable fee to cover expenses incurred by

the authority in connection with the review of an application by an issuer other than the authority for designation of bonds or certificates as Colorado education savings bonds or certificates pursuant to section 23-15-110.5. Such fee may also be used to cover a portion of the cost to the authority of administering the program.

Source: L. 81: Entire article added, p. 1109, � 1, effective July 1. L. 89: IP(2)

amended, p. 993, � 11, effective April 8; (4) added, p. 984, � 5, effective April 12. L. 98: IP(2) amended, p. 608, � 14, effective May 4.

C.R.S. § 23-31-313

23-31-313. Healthy forests - vibrant communities - funds created - outreach working group - loan program - legislative declaration - definitions - repeal. (1) Short title. This section shall be known and may be cited as the Colorado Healthy Forests and Vibrant Communities Act of 2009.

(2)  Legislative declaration. The general assembly hereby declares that

addressing the wildfire risk in Colorado and the development of community wildfire protection plans to bring together federal, state, and local interests, including nongovernmental entities such as electric, gas, and water utilities, to address wildfire risk to life, property, and infrastructure in Colorado is a matter of statewide concern.

(3)  Definitions. As used in this section, unless the context otherwise

requires:

(a)  Community-based collaborative process means a process in which a

diverse range of governmental and nongovernmental stakeholders, representing a wide variety of perspectives, are meaningfully engaged in analyzing and identifying forest management needs for their community.

(b)  Community wildfire protection plan or CWPP means a plan that meets

the definition of a community wildfire protection plan in the federal Healthy Forests Restoration Act of 2003, 16 U.S.C. sec. 6511, including the minimum requirements for collaboration with local and state government representatives, including conservation districts created pursuant to article 70 of title 35, C.R.S., and county noxious weed program administrators and consultation with federal agencies and other interested nongovernmental parties, including any electric, gas, and water utilities in the affected area, and the minimum requirements for approval by representatives of local government, local fire authorities, and the forest service.

(b.5)  Director means the director of the forest service.


(c)  Forest service means the Colorado state forest service identified in

section 23-31-302.

(d)  GIS means a geographical information system, a systematic integration

of computer hardware, software, and spatial data, for capturing, storing, displaying, updating, manipulating, and analyzing geographical information in order to solve complex management problems.

(e)  Good neighbor authority means the authority of the state of Colorado

pursuant to section 331 of the federal Department of Interior and Related Agencies Appropriation Act of 2001, Pub.L. 106-291, 114 Stat. 922, or any analogous successor authority.

(f)  Temporary field capacity means full-time, temporary field support hired

by the forest service to implement projects until such time that program funding is no longer available.

(g)  Wildfire risk mitigation or fuel mitigation treatments means

preventive forest management projects or actions, which meet or exceed forest service standards or any other applicable state rules, that are designed to reduce the potential for unwanted impacts caused by wildfires, including:

(I)  The creation of a defensible space around structures;


(II)  The establishment of fuel breaks;


(III)  The thinning of woody vegetation for the primary purpose of reducing

risk to structures from wildland fire;

(IV)  The secondary treatment of woody fuels by lopping and scattering,

piling, chipping, removing from the site, broadcast burning, or prescribed burning; and

(V)  Other nonemergency preventive activities designed to reduce the

unwanted impacts caused by wildfires that the forest service may deem to be risk reduction or fuel mitigation treatments.

(h)  Wildland-urban interface means an area where structures or other

human development meet or intermingle with wildland vegetation.

(4)  Community and firefighter planning and preparedness. To help ensure

that communities and firefighters have sufficient resources, technical support, and training to adequately assess wildfire risks, the forest service shall:

(a)  Facilitate the CWPP process with communities and other entities seeking

to prepare a CWPP to ensure that state and federal CWPP standards are met;

(b)  Work with conservation districts created pursuant to article 70 of title 35,

C.R.S., county noxious weed program administrators, and other state, local, federal, and nongovernmental partners, including any electric, gas, and water utilities in the affected area, to provide CWPP standards for Colorado that promote greater consistency among CWPPs in the state and ensure that communities address community risks and values, identify protection priorities, assess their ability to respond to wildland fire, establish fuels treatment projects, and identify ways to minimize wildland-urban interface risk in the future;

(c)  Provide technical assistance to communities seeking to prepare, update,

or implement a CWPP and track the progress of CWPPs and implementation practices through GIS web-based applications; and

(d)  Provide technical assistance to the board of county commissioners of

each county to determine whether there are fire hazard areas within the unincorporated areas of the county and to assist the board of county commissioners of each county with developing CWPPs for those areas.

(e)  Repealed.


(5)  Community wildfire risk mitigation. To help communities address the

urgent need to reduce wildfire risks by supporting implementation of risk mitigation treatments that focus on protecting lives, homes, and essential community infrastructure, and by improving inventory and monitoring of forest conditions, the forest service shall:

(a)  Expand its fuels mitigation program through sixty percent cost-share

grants to address needs expressed by landowners or utility easement owners in the wildland-urban interface. In order to qualify for these funds, projects shall be included in or provide for implementation of an approved CWPP that meets the standards established pursuant to paragraph (b) of subsection (4) of this section. In awarding these grants, the forest service shall establish evaluation criteria that emphasize projects that reduce risks to the public, firefighters, and community infrastructure; that improve forest health; and that substantially leverage additional financial resources. In making grant awards, the forest service shall also prioritize projects that provide an opportunity to implement Colorado's good neighbor authority or that have been identified through a community-based collaborative process.

(b)  Hire additional field capacity to support the implementation and

monitoring of fuels mitigation grant awards;

(c)  Provide sufficient resources to conduct enhanced aerial surveys to

annually assess forest conditions, identify emerging and existing insect and disease epidemics, and make timely management decisions; and

(d)  Provide sufficient resources to assess and incorporate forest pathology

information into analysis of forest conditions and trends.

(6)  Community watershed restoration. (a)  In order to support communities

and land managers in efforts to reduce risk to people and property and increase firefighter safety, and in support of long-term ecological restoration so that the underlying condition of Colorado's forests supports a variety of values, including public water supply and high-quality wildlife habitat, the forest service shall:

(I)  Repealed.


(II)  Facilitate and work collaboratively with the division of fire prevention and

control, landowners, local governments, including conservation districts created pursuant to article 70 of title 35, C.R.S., and county noxious weed program administrators and other appropriate parties, including any electric, gas, and water utilities in the affected area, to design prescribed fire and fuel mitigation treatment projects and to encourage increased responsible use of prescribed fire and fuel mitigation treatments as a tool for restoring healthy forest conditions consistent with programs established pursuant to section 25-7-106 (7) and (8), C.R.S., and section 24-33.5-1217, C.R.S. The forest service shall emphasize providing training and technical assistance for landowners, local communities, and state agencies.

(III)  Repealed.


(IV)  Conduct, or contract with one or more entities to conduct, one or more

demonstration projects that utilize Colorado's good neighbor authority with the United States forest service to implement forest management treatments that improve forest health and resilience and supply forest products to Colorado businesses. In overseeing a project, the forest service shall:

(A)  Use a collaborative approach;


(B)  Leverage state resources to accomplish work across land ownership

boundaries in order to treat more acres at reduced cost;

(C)  Target a Colorado watershed to implement forest management

treatments that will protect and enhance forest resilience, reduce the potential for catastrophic wildfire, salvage insect- and disease-impacted trees, and provide forest products for businesses in Colorado; and

(D)  Consider locations that have already been subject to review under the

federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4321 et seq., including the Alpine plateau in Gunnison county and areas in the Grand Mesa, Uncompahgre, and Gunnison national forests that are subject to the spruce beetle epidemic and aspen decline draft environmental impact statement.

(b)  Repealed.


(7)  Enhanced economic opportunities. In order to support local business

development and job creation through the implementation of forest treatments, the forest service shall:

(a)  Administer a revolving loan fund to support woody biomass utilization and

the development and marketing of traditional and nontraditional timber products as specified in subsection (8) of this section;

(b)  Work with the air quality control commission created in section 25-7-104

to support the appropriately increased use of woody biomass in bio-heating.

(8)  Wildfire risk mitigation loan program. (a)  The forest service shall issue a

statewide request for proposals for loans to businesses to provide start-up capital for new facilities or equipment to harvest, remove, use, and market beetle-killed and other timber taken from private, federal, state, county, or municipal forest lands as part of a wildfire risk reduction or fuels mitigation treatment.

(b)  The forest service shall solicit applications for and make loans under this

section. In deciding whether to make a loan, the forest service shall consider the extent to which the applicant:

(I)  Helps retain or expand other local businesses;


(II)  Helps maintain or increase the number of jobs in the area;


(III)  Contributes to the stability of rural communities;


(IV)  Demonstrates operational experience and a good reputation;


(V)  Promotes and publicizes the efforts undertaken pursuant to this section;

and

(VI)  Helps recruit new business activity in the area.


(c)  No later than July 1, 2010, the state forester shall submit a report to the

governor that shall include an assessment of whether, and to what extent, projects funded by loans under this subsection (8) have achieved the purposes identified in this subsection (8).

(d)  There is hereby created in the state treasury the wildfire risk mitigation

revolving fund, which shall be administered by the forest service. All moneys in the fund are continuously appropriated to the department of higher education for allocation to the board of governors of the Colorado state university system for loans specified in this subsection (8). All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund.

(e)  On June 15, 2021, or as soon as possible thereafter, the state treasurer

shall transfer two million five hundred thousand dollars from the general fund to the wildfire risk mitigation revolving fund.

(9)  Improved outreach and technical assistance. In order to ensure that the

forest service has the capacity to deliver key funding and technical assistance that will be needed to guide and support implementation of wildfire preparedness, risk mitigation, watershed restoration, and economic development initiatives in a way that adds value to these efforts at the state level and across community boundaries, the forest service shall:

(a)  Secure full-time staff for developing, revising, and implementing CWPPs

and collaborative landscape level prioritization plans; developing and implementing risk mitigation and watershed restoration plans; strengthening the responsible use of prescribed fire; and supporting economically beneficial uses of woody biomass;

(b)  Secure sufficient GIS capacity to assist with wildfire, insect, and disease

risk assessments, as well as landscape-scale prioritization and planning; and emphasize making data available to and usable by local entities and other interested parties, including any electric, gas, and water utilities in the affected area; and

(c)  Develop a web-based clearinghouse for technical assistance and funding

resources relevant to the initiatives established in this section.

(d)  Repealed.


(9.2)  Outreach to high school students. The forest service, in consultation

with the department of natural resources, the division of fire prevention and control in the department of public safety, the state board for community colleges and occupational education, and timber industry representatives, shall develop educational materials relating to career opportunities in forestry and wildfire risk mitigation to distribute to high school guidance counselors to provide to high school students.

(9.5)  Wildfire risk mitigation public outreach and educational campaign -

legislative declaration. (a) (I) The general assembly hereby finds and declares that:

(A)  Wildfires increasingly pose a threat to homes and communities in

Colorado as more people move into the wildland areas of our state, and long-term weather and climate trends, including drought and warmer temperatures, as well as the buildup of wildland fuels, further increase wildfire risk;

(B)  In 2020, Colorado experienced the three largest wildfires in its history,

with the fires burning over six hundred thousand acres, causing significant displacement, devastating communities, degrading water and air quality, and ultimately resulting in the loss of human life and hundreds of millions of dollars in property loss and damage;

(C)  Local, state, and federal agencies and entities continue to address the

short- and long-term social, economic, and environmental impacts of these fires;

(D)  With more than half of all Coloradans living in the wildland-urban

interface, there is an urgent need for wildfire prevention and preparedness at both the community and individual homeowner and property owner levels;

(E)  Coordinated education concerning how, where, and why wildfires burn, as

well as collaborative efforts to increase survivability of homes and property, is paramount to coexisting in a wildfire environment; and

(F)  While homeowners and property owners in Colorado bear the ultimate

responsibility to prepare their homes and property for wildfire, many still do not understand this responsibility, the risk they face living in the wildland-urban interface, or the necessary steps to reduce their wildfire risk.

(II)  Therefore, the general assembly declares that it is vital to the health and

safety of Colorado's citizens, communities, and forests for local, state, and federal agencies in Colorado, in partnership with organizations engaged in wildfire risk mitigation in the state, to enhance outreach efforts to residents in the wildland-urban interface to educate and motivate those residents to engage in effective wildfire risk mitigation and wildfire preparedness activities.

(b) (I)  The forest service shall convene a working group of local, state, and

federal partners engaged in wildfire risk mitigation, referred to in this subsection (9.5) as the working group, to enhance outreach efforts to residents in the wildland-urban interface concerning effective wildfire risk mitigation and to coordinate the financial and other resources that may be available for such work. State and federal partners include the division of fire prevention and control in the department of public safety and the United States forest service. The forest service may invite other partners to join the working group and seek input from entities engaged in wildfire risk mitigation in the wildland-urban interface.

(II)  The working group shall:


(A)  Prior to the annual wildfire awareness month outreach campaigns in

2023 and 2024, consider how best to conduct an enhanced outreach campaign for the public that educates and motivates residents in the wildland-urban interface to engage in more wildfire risk mitigation;

(B)  Consider how best to distribute educational resources and information to

residents in the wildland-urban interface, including the forest service's publication The Home Ignition Zone or a successor publication, and whether other educational and marketing tools could be developed to educate residents and motivate increased wildfire risk mitigation;

(C)  Consider which local, statewide, or regional outreach efforts, including

direct mail, web-based material, telephone outreach, social media, print media, television and radio spots, billboards, and community events, are most effective in increasing awareness among the targeted residents in the wildland-urban interface of the importance of wildfire risk mitigation and how to prepare for wildfires;

(D)  Consider how best to coordinate efforts by working group partners and

other entities engaged in wildfire risk mitigation to disseminate web-based educational resources and information concerning effective wildfire risk mitigation and wildfire preparedness activities through links to the forest service's web-based clearinghouse for technical assistance and to web-based resources of other working group partners and entities engaged in wildfire risk mitigation;

(E)  Consider how best to leverage existing state, local, and federal resources

and expertise to implement the enhanced outreach efforts considered by the working group; and

(F)  Consider what funding or additional resources would be necessary for the

forest service and other partners to build upon the enhanced wildfire awareness month outreach campaign, as well as other potential outreach efforts, in subsequent years.

(c)  After considering feedback from the working group, and subject to

available appropriations, the forest service:

(I)  Shall implement an enhanced wildfire awareness month outreach

campaign in conjunction with the division of fire prevention and control in the department of public safety and the United States forest service in 2023 through 2027; and

(II)  Shall implement other outreach efforts during the 2022-23 through

2026-27 state fiscal years that are expected to increase awareness of wildfire risk mitigation by residents in the wildland-urban interface.

(d) (I)  To implement this subsection (9.5), the forest service, subject to

available appropriations, may:

(A)  Develop or contract for the development or placement of marketing and

educational materials, including videos, direct mail, social media, print media, television and radio spots, and billboards;

(B)  Conduct or contract for educational events targeted to residents in the

wildland-urban interface;

(C)  Retain consultants, as necessary, to implement all or part of an outreach

campaign, as well as other outreach efforts;

(D)  Make enhancements to the forest service's web-based clearinghouse for

technical assistance and funding resources created pursuant to subsection (9) of this section, as necessary, to better implement outreach efforts described in this subsection (9.5) and coordinate with working group partners and other entities engaged in wildfire risk mitigation to provide links to web-based educational resources and information; and

(E)  Secure necessary staff to implement the outreach efforts described in

this subsection (9.5).

(II)  Consistent with the outreach plan, the general assembly may appropriate

money to the division of fire prevention and control in the department of public safety.

(e) (I)  During the 2023 through the 2027 legislative interims, the state

forester shall submit a report to the wildfire matters review committee created in section 2-3-1602 concerning outreach efforts implemented pursuant to this subsection (9.5) or, if the wildfire matters review committee is repealed, to the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees.

(II)  The report must include:


(A)  A description of the outreach efforts;


(B)  The amount and use of money appropriated to implement this subsection

(9.5);

(C)  Data and information received by the forest service or its partners

relating to the impact of the outreach efforts in increasing awareness of wildfire risk mitigation by residents in the wildland-urban interface; and

(D)  Proposed future outreach efforts, including any additional funding or

other resources needed to implement those outreach efforts.

(f) (I)  For purposes of conducting ongoing wildfire awareness month

outreach campaigns and other outreach efforts pursuant to subsection (9.5)(c) of this section, the general assembly shall appropriate forty thousand dollars to the healthy forests and vibrant communities fund created in subsection (10) of this section.

(II)  This subsection (9.5)(f) is repealed, effective July 1, 2028.


(9.6)  Carbon accounting framework. (a)  On and after September 1, 2022,

the state forest service shall develop a publicly accessible statewide carbon accounting framework that yields carbon stock and flux estimates for:

(I)  Ecosystems by county and forest cover type; and


(II)  Wood products.


(b)  The state forest service shall also develop a forest carbon co-benefit

framework for project-level forest management practices, including wildfire mitigation. The state forest service shall use this framework to train practitioners in adaptive management practices to be incorporated into current forest management practices, including wildfire mitigation. The state forest service shall provide technical expertise to assist industry and landowners with carbon inventories and monitoring.

(c)  As used in this subsection (9.6), unless the context otherwise requires:


(I)  Carbon accounting framework means a model that uses data from the

forest inventory and analysis program of the United States department of agriculture's forest service to develop tabular data of carbon flux and stock estimates for all forest types and wood products in the state of Colorado.

(II)  Forest carbon co-benefit framework means a framework that links

goals, strategies, and approaches in the 2020 Colorado forest action plan to forest management and wildfire risk mitigation practices that serve to improve carbon sequestration.

(9.7)  Wildfire mitigation resources and best practices grant program. (a)

There is hereby created in the forest service the wildfire mitigation resources and best practices grant program, referred to in this section as the grant program. Grant recipients may use the money to conduct outreach among landowners to inform them of resources available for wildfire mitigation and best practices for wildfire mitigation.

(b)  The forest service shall administer the grant program and, subject to

available appropriations, shall award grants as provided in this section. The forest service shall develop and publish policies and procedures to implement the grant program in accordance with this section. At a minimum, the policies and procedures must specify the time frames for applying for grants, the form of the grant program application, and the grant program evaluation and reporting requirements for grant recipients.

(c)  To be eligible to receive a grant, an entity must be an agency of local

government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit organization that is registered and in good standing with the secretary of state's office. Applicants must meet any other criteria specified in the forest service's policies and procedures.

(d)  The forest service shall review the applications received pursuant to this

section. The forest service shall only award grants to applicants proposing to conduct outreach among landowners in high wildfire hazard areas and shall consider the potential impact of the applicants' proposed outreach when awarding grants.

(e)  Subject to available appropriations, not later than January 1, 2024, and on

or before January 1 each year thereafter for the duration of the grant program, the director shall award grants as provided in this section. Grants are awarded at the sole discretion of the director in accordance with this section.

(f)  On or before September 1, 2025, and on or before September 1 each year

thereafter for the duration of the grant program, the forest service shall submit a report to the wildfire matters review committee, or any successor committee, on the grant program. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement continues until the grant program is repealed pursuant to subsection (9.7)(h) of this section.

(g)  Commencing no later than the fiscal year that begins on July 1, 2023, the

general assembly shall annually appropriate money from the general fund to the healthy forests and vibrant communities fund, created in subsection (10)(a)(I) of this section, to implement the grant program. The forest service may use a portion of the money annually appropriated for the grant program to pay the direct and indirect costs that the forest service incurs to administer the grant program.

(h)  This subsection (9.7) is repealed, effective January 1, 2029.


(10)  Healthy forests and vibrant communities fund. (a) (I)  There is hereby

created in the state treasury the healthy forests and vibrant communities fund. The fund consists of all money that may be appropriated or transferred thereto by the general assembly and all private and public money received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of money in the fund is credited to the fund. The money in the fund is hereby continuously appropriated for the purposes specified in this section and remains available until expended. Any money not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.

(II)  On July 1, 2017, and July 1, 2018, the state treasurer shall transfer one