COMPENSATION - FEES

ARTICLE 1 FEES - GENERAL

Cross references: For fees of county officers, see § 15 of art. XIV, Colo. Const.

Section

30-1-101. Classification of counties - fixing fees.

  1. For the purpose of fixing fees, chargeable and to be collected by county and other officers, and for no other purpose, the several counties of this state are divided into five classes, which classes shall be known as the first, second, third, fourth, and fifth, as follows:
    1. The city and county of Denver is a county of the first class;
    2. The counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Pueblo, and Weld are counties of the second class;
    3. The counties of Delta, Garfield, Larimer, Las Animas, Logan, Mesa, Montezuma, Montrose, Morgan, and Otero are counties of the third class;
    4. The counties of Alamosa, Archuleta, Bent, city and county of Broomfield, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Eagle, Elbert, Fremont, Gilpin, Gunnison, Huerfano, Kit Carson, Lake, La Plata, Lincoln, Ouray, Park, Phillips, Prowers, Rio Grande, Routt, Saguache, San Miguel, Sedgwick, Teller, Washington, and Yuma are counties of the fourth class;
    5. The counties of Baca, Custer, Dolores, Grand, Hinsdale, Jackson, Kiowa, Mineral, Moffat, Pitkin, Rio Blanco, San Juan, and Summit are counties of the fifth class.

Source: L. 1891: p. 200, § 1. R.S. 08: § 2521. L. 13: p. 276, § 1. C.L. § 7869. L. 25: p. 243, § 1. CSA: C. 66, § 3. CRS 53: § 56-4-1. C.R.S. 1963: § 56-4-1. L. 69: p. 385, § 1. L. 2001: Entire section amended, p. 330, § 1, effective April 12; (1)(d) amended, p. 256, § 2, effective November 15. L. 2009: (1)(c) and (1)(d) amended, (HB 09-1203), ch. 102, p. 377, § 1, effective August 5.

Editor's note: Amendments to subsection (1)(d) by Senate Bill 01-102 and Senate Bill 01-130 were harmonized.

ANNOTATION

Section 15 of art. XIV, Colo. Const., empowers the general assembly to classify counties according to population for the purpose of fixing fees. Frost v. Pfeiffer, 26 Colo. 338, 58 P. 147 (1899).

Assumed to be classified by population. The assignment of a new county by the act creating it to a certain class for the purpose of fixing the fees of its officers is not special legislation in the meaning of the constitution, and it will be assumed that the general assembly classified the county according to its population. Frost v. Pfeiffer, 26 Colo. 338, 58 P. 147 (1899).

By the Session Laws of 1891 all the counties of the state were divided into five classes, according to population as ascertained by the federal census of the year 1890, and the fees prescribed under each class are different from the fees under any of the others, and a material reduction in the amount of charges was made from that which theretofore prevailed. Airy v. People, 21 Colo. 144, 40 P. 362 (1895).

30-1-102. Fees of county treasurer.

  1. The county treasurer shall charge and receive the following fees:
    1. Upon all moneys received by him for town and city taxes, whether such towns or cities are incorporated under the general laws or by special charter, and anything in said charter to the contrary notwithstanding, and upon all school taxes in counties of the first class, one percent; in counties of the second class, one percent; in counties of every other class, one percent on school taxes and two percent on town and city taxes; except that a collection fee not exceeding one-quarter of one percent shall be charged as provided in section 22-54-119, C.R.S., and no collection fee shall be charged on other school taxes exempt by law from said collection fees;
    2. Upon all moneys received by him for taxes of every other kind in counties of the first class, one percent; second class, one and one-half percent; third class, two percent; fourth class, three percent; fifth class, five percent;
    3. For receiving all moneys other than taxes, one percent, except moneys received from all federal funds derived from any and all sources. No collection fees shall be charged upon any moneys collected and distributed under the provisions of sections 22-54-106 and 22-54-115, C.R.S., or upon other school moneys exempt by law from said collection fees;
    4. For each copy of a receipt issued for current year taxes, two dollars; and for each copy of a receipt issued covering taxes for a prior year, five dollars;
    5. For advertising delinquent personal property taxes, ten dollars or the cost of advertising, whichever is greater;
    6. For certifying the amount of taxes due on any parcel of real estate, and for certifying outstanding sales for unpaid taxes with the amount required for redemption, ten dollars for each certificate;
    7. In connection with a sale for delinquent taxes, for advertising each property description that is separately identified by its own parcel number for general property tax purposes, the estimated cost of advertising but not less than ten dollars;
    8. Repealed.
    9. For each certificate of purchase delivered, four dollars;
    10. For endorsing the amount of subsequent taxes paid on tax certificates and the date of payment in the book of tax sales, five dollars for each certificate;
    11. For processing an application for treasurer's deed, thirty-five dollars if the application is not advertised and seventy-five dollars if the application is advertised;
    12. For the assignment of a certificate of purchase, made to the county, city, town, or city and county at any tax sale, to a person desiring to purchase land covered by such certificate, four dollars;
    13. For each notice of purchase required by section 39-11-128 (1), C.R.S., to be served before a treasurer's deed may be issued, the cost of publication in a newspaper where such publication is required;
    14. For each certificate of redemption delivered, seven dollars;
    15. For services in collecting drainage district assessments, such amount as the board of directors of the district may allow, but not less than twenty-five dollars nor more than one hundred dollars per annum;
    16. For services in collecting irrigation district assessments, such amount as the board of directors of the district may allow, but not less than twenty-five dollars nor more than one hundred dollars per annum;
    17. For services rendered in handling the payment of principal and interest on bonds of a school district, such amount as the county treasurer and the board of education shall agree upon, which shall be determined in accordance with the prevailing rate charged for similar services rendered by commercial banks in the state of Colorado;
    18. For preparation of a distraint warrant, fifteen dollars;
    19. For research, fifteen dollars per hour or portion thereof, one hour minimum;
    20. For the notice, computation, and recording provided in section 32-1-1604, C.R.S., thirty dollars.
  2. None of the provisions of this section shall be applicable to any moneys received or collected by any county treasurer for any hospital established under the provisions of part 3 of article 3 of title 25, C.R.S., or for any health service district embracing only an entire county established under the provisions of article 1 of title 32, C.R.S.
  3. In addition to any other fees to which the county treasurer is entitled and notwithstanding the provisions of subsection (2) of this section, the county treasurer may charge an administrative fee of five dollars when the payment of any real property tax statement, exclusive of any license fees collected pursuant to sections 35-40-205 and 35-57.5-116, C.R.S., is less than ten dollars. The fee shall be credited to the county general fund, pursuant to section 30-25-105, to cover the cost of processing such tax statement.

Source: L. 1891: p. 211, § 6. L. 1897: p. 159, § 1. R.S. 08: § 2537. C.L. § 7887. CSA: C. 66, § 25. CRS 53: § 56-4-2. L. 55: p. 385, § 1. L. 56: p. 147, §§ 1, 2. L. 59: p. 441, § 1. L. 63: p. 490, § 1. C.R.S. 1963: § 56-4-2. L. 71: p. 325, § 2. L. 73: p. 1433, § 1. L. 75: (1)(i), (1)(k), and (1)(n) amended, p. 1478, § 1, effective June 26. L. 79: (1)(q) added, p. 792, § 2, effective May 22. L. 81: (2) amended, p. 1612, § 9, effective July 1. L. 84: (3) added, p. 813, § 1, effective March 29. L. 87: (3) amended, p. 1202, § 1, effective April 30. L. 88: (1)(a) and (1)(c) amended, p. 823, § 35, effective May 24; (1)(d), (1)(f), (1)(g), and (1)(i) to (1)(n) amended and (1)(r) and (1)(s) added, p. 1105, § 1, effective January 1, 1989. L. 90: (1)(e) amended, p. 1695, § 15, effective June 9. L. 91: (1)(h) repealed, p. 1972, § 1, effective March 27; (1)(t) added, p. 2426, § 7, effective June 8. L. 94: (1)(a) and (1)(c) amended, p. 824, § 53, effective April 27. L. 95: (3) amended, p. 1105, § 45, effective May 31. L. 96: (2) amended, p. 472, § 7, effective July 1. L. 97: (3) amended, p. 182, § 13, effective March 31. L. 99: (1)(a) amended, p. 177, § 5, effective January 1, 2000.

ANNOTATION

Only statutory fees collected. Since the compensation of any public official for services rendered in his official capacity is regulated by statute, he is entitled only to demand and receive fees for those services concerning which compensation by law attaches, because it is an inflexible rule that an official can demand only such fees or compensation as the law has definitely fixed and authorized for the performance of his official duties. Adams-Arapahoe County Sch. Dist. No. 28J v. Wolf, 30 Colo. App. 117, 489 P.2d 348 (1971).

Fees enter fund from which treasurer is compensated. The fees and commissions are to be collected by the treasurer, not as his compensation for the particular work for which the fee may be prescribed, but for the purpose of creating a fund out of which his salary or compensation is to be paid. The annual salary is what the treasurer gets for all the work that he does, it is compensation for his services. Bd. of County Comm'rs v. Otero Irrigation Dist., 56 Colo. 515, 139 P. 546 (1914).

The word "collect" is used to define the power of the county treasurers to gather in or receive money for taxes theretofore assessed, and since the fees provided for in this section are charged upon "all moneys received" by the treasurer, they fall within the above definition and are fees charged for the collection of taxes and are therefore collection fees. Adams-Arapahoe County Sch. Dist. No. 28J v. Wolf, 30 Colo. App. 117, 489 P.2d 348 (1971).

Taxing agencies, other than the state, pay the treasurer for collecting and remitting taxes by them levied. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

Commission on collection of irrigation district taxes. The moneys collected by the county treasurer for irrigation district taxes, whether the district was in one or more counties, came clearly within the description of money upon which the county treasurer by virtue of this section was required to charge and receive a commission. Bd. of County Comm'rs v. Otero Irrigation Dist., 56 Colo. 515, 139 P. 546 (1914).

Moneys on account of redemptions from tax sales exempt. The commission of one percent allowed by this section does not apply to moneys paid on account of redemptions from tax sales, but is intended to apply to moneys received by the treasurer on account of licenses, and from other sources of revenue. Mitchell v. Wheeler, 20 Colo. App. 159, 77 P. 361 (1904).

As is entry of assignment of certificate of purchase. This section did not authorize the treasurer to charge any fee whatever for entering on his books an assignment of a certificate of purchase, or for making any charge against a party who was entitled to redemption money on account of such assignment. Mitchell v. Wheeler, 20 Colo. App. 159, 77 P. 361 (1904).

And public school foundation taxes. A county treasurer does not have the right and duty to charge and receive a fee of one percent on taxes paid into his office pursuant to levies made by school districts under the terms of the "Public School Foundation Act of 1969". Adams-Arapahoe County Sch. Dist. No. 28J v. Wolf, 30 Colo. App. 117, 489 P.2d 348 (1971).

The public school foundation act creates an exception to, or amends, the general fees law by exempting the taxes collected under the foundation act from the provisions of this section. Adams-Arapahoe County Sch. Dist. No. 28J v. Wolf, 30 Colo. App. 117, 489 P.2d 348 (1971).

30-1-103. Fees of county clerk and recorders.

  1. Fees collected by county clerk and recorders shall be as follows: For filing or recording each document for which a fee is not specifically provided, except tax schedules and claims against the county, for which no fee shall be allowed, in cities and counties and in counties of every class, the clerk shall receive ten dollars for the first page and five dollars for each additional page.
  2. In cities and counties and in every county, the following fees shall apply:
    1. For taking and certifying each affidavit, two dollars;
    2. For each certificate and seal, one dollar;
    3. For filing each bond and license, five dollars;
    4. For certificate of magistracy under seal, two dollars;
    5. For taking acknowledgments, two dollars;
    6. For recording town plats, subdivision plats, and all other plats, and for recording all documents in excess of eight and one-half inches in width or fourteen inches in length, ten dollars per sheet;
    7. For entering subsequent taxes paid in tax sale record, five dollars for each certificate;
    8. For entering certificate of redemption in tax sale record, five dollars for each certificate;
    9. Repealed.
    10. For copies of records, a fee in an amount determined pursuant to section 24-72-205 (5), C.R.S.;
    12. Repealed.
    13. For recording all certificates, affidavits, deeds, or other documents containing the name of one or more mining claims and for indexing the same under the name of each such mining claim, five dollars per page, plus twenty-five cents for each mining claim named therein.
  3. County governments shall be exempt from all fees authorized to be collected under the provisions of this section whenever the county or any agency thereof is the grantor or grantee of the document being recorded or whenever a delegate child support enforcement unit files or records documents for the purpose of collecting child support, child support arrears, maintenance, maintenance when combined with child support, retroactive support, or child support debt.
  4. (Deleted by amendment, L. 2010, (HB 10-1007), ch. 71, p. 243, § 1, effective April 5, 2010.)
  5. The fee described in subsection (1) of this section shall not be collected on any filing received by the county clerk and recorder as an authorized agent of the executive director of the department of revenue pursuant to section 38-29-128 or 42-6-121, C.R.S., in which case the fee collected shall be five dollars per page.

Source: L. 1891: p. 212, § 7. L. 07: p. 404, § 1. R.S. 08: § 2538. C.L. § 7888. L. 21: p. 321, § 2. CSA: C. 66, § 26. L. 51: p. 382, § 1. CRS 53: § 56-4-3. L. 57: p. 376, § 1. L. 58: p. 239, § 1. L. 63: p. 928, § 2. C.R.S. 1963: § 56-4-3. L. 65: p. 624, § 1. L. 73: pp. 631, 633, §§ 2, 7. L. 77: (2)(k) repealed, p. 1427, § 1, effective May 26; (3) added, p. 1428, § 1, effective May 26. L. 81: (1), (2)(c), (2)(g), (2)(h), (2)(l), and (2)(m) amended, p. 383, § 3, effective May 21. L. 83: (2)(a) and (2)(e) amended and (2)(i) and (2)(l) repealed, pp. 1226, 1231, §§ 4, 22, effective July 1. L. 88: (2)(m) amended, p. 1107, § 1, effective January 1, 1989. L. 89: (1) amended, p. 1271, § 1, effective July 1. L. 91: (2)(b) to (2)(d), (2)(g), (2)(h), and (2)(m) amended, p. 708, § 4, effective July 1. L. 92: (2)(m.1) added, p. 1106, § 8, effective July 1. L. 96: (1), (2)(m), and (3) amended and (4) added, p. 1555, § 2, effective July 1. L. 97: (3) amended, p. 565, § 19, effective July 1. L. 2007: (2)(j) amended, p. 579, § 2, effective August 3. L. 2010: (1) and (4) amended and (5) added, (HB 10-1007), ch. 71, p. 243, § 1, effective April 5.

ANNOTATION

The county clerk's compensation for official acts is regulated by this section, and he is only entitled to charge for those services to which compensation by law attaches, for the rule is inflexible, that an official can only demand such fees or compensation as the law has fixed and authorized for the performance of his official duties. Bd. of Comm'rs v. Leonard, 26 Colo. 145, 57 P. 693 (1899).

Duties separately defined. By this section the charges for recording instruments, making abstracts of title, making copies of records, making tax lists, serving as clerk of the board of county commissioners, and for the performance of other services required of the clerk, are separately defined. Henderson v. Bd. of Comm'rs, 4 Colo. App. 301, 35 P. 880 (1894).

Per diem is unconscionable salary. The sum allowed by law per diem to the county clerk for his services as clerk of the board of commissioners is a fee within the meaning of the salary act, and it is payable to him absolutely, and the board is without authority to annex to its payment any condition whatever. Henderson v. Bd. of Comm'rs, 4 Colo. App. 301, 35 P. 880 (1894).

For required clerical duties. A county clerk, in his capacity as clerk of the board of county commissioners, is required to perform all services clerical in their nature, in connection with matters within the scope of the authority of the board, which are necessary to enable it to perform its duties with respect to such matters, and he is not entitled to fees for such services outside of his compensation as clerk of the board. Bd. of Comm'rs v. Leonard, 26 Colo. 145, 57 P. 693 (1899).

No compensation for services as to matters outside board's authority. A county clerk as clerk of the board of county commissioners is not entitled to compensation for services in relation to matters over which the board attempted to exercise a control, but which were not within the legitimate scope of its authority. Bd. of Comm'rs v. Leonard, 26 Colo. 145, 57 P. 693 (1899).

No fee is provided for the clerk for signing or attesting county warrants. Such work falls within that class of services for which, under the act of 1885, reasonable compensation was allowed by the board of commissioners. Leonard v. Bd. of Comm'rs, 8 Colo. App. 338, 46 P. 216 (1896).

30-1-104. Fees of sheriff.

  1. Fees collected by sheriffs shall be as follows:
    1. For serving and returning summons or other writ of process in a criminal action not specified in this section, with or without complaint attached, on each party served, in counties of every class, actual expenses, but not more than fifteen dollars;
    2. For serving and returning a summons or other writ of process in other than a criminal action not specified in this section, with or without complaint attached, on each party served, in counties of every class, actual expenses, but not more than thirty-five dollars;
    3. For making a return on a summons in a criminal action not served, for each party, in counties of every class, actual expenses, but not more than five dollars;
    4. For making a return on a summons in other than a criminal action not served, for each party, in counties of every class, actual expenses, but not more than twenty dollars;
    5. For serving and returning each subpoena in a criminal action on each witness, in counties of every class, actual expenses, but not more than seven dollars and fifty cents;
    6. For serving and returning each subpoena in other than a criminal action on each witness, in counties of every class, actual expenses, but not more than sixty dollars;
    7. For making return on a subpoena in a criminal action not served, in counties of every class, five dollars;
    8. For making a return on a subpoena in other than a criminal action not served, in counties of every class, actual expenses, but not more than twenty dollars;
    9. For serving each juror in counties of every class, ten dollars;
    10. For serving and returning writ of attachment or replevin on each party, in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;
    11. For serving garnishee summons on each party, in counties of every class, actual expenses, but not more than twenty dollars;
    12. Mileage for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in a criminal action, not less than twelve cents nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county; except that actual and not constructive mileage shall be allowed in all cases; and, where more than one warrant is served by any officer on one trip, the actual mileage only shall be allowed such officer, and the actual mileage shall be apportioned among the several warrants served on the trip;
    13. For mileage:
      1. Not to exceed the mileage rate authorized for county officials and employees pursuant to section 30-11-107 (1)(t), for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in an action other than a criminal action; or
      2. A sheriff may establish a zone- or zip code-based mileage fee structure. The zone- or zip code-based mileage fee structure shall establish a single mileage fee for the service of any writ, subpoena, or other process in an action, other than a criminal action, in each separate zone or zip code, as applicable, in the county. The applicable single mileage fee for a zone or zip code shall be charged for all papers served in the zone or zip code regardless of the number of attempts or actual mileage traveled by a sheriff within the zone or zip code during a sheriff's operational period. The single mileage fees for each zone or zip code shall be set by resolution of the board of county commissioners for the county and posted pursuant to section 30-1-108.
    14. In making demand for payment on executions when payment is not made, in counties of every class, one dollar;
    15. For levying execution or writ of attachment, besides actual custodial and transportation costs necessarily incurred in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;
    16. For levying writ of replevin, besides actual custodial and transportation costs necessarily incurred in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;
    17. No custodian shall be appointed by the sheriff to take custody of goods by him or her attached, nor shall any deputy be placed in charge thereof, unless the plaintiff or his or her attorney shall request the appointment of such custodian in writing; such custodian or deputy shall receive twelve dollars per diem of twelve hours, or fraction thereof, which shall be taxed as costs in the case;
    18. For making and filing for record a certificate of levy on attachment or other cases, in counties of every class, actual expenses, but not more than thirty dollars;
    19. For committing and discharging convicted prisoners to and from the county jail, in counties of every class, a reasonable fee, not to exceed thirty dollars, which fee shall be collected directly from prisoners at the time of commitment, but shall be refunded to any prisoner who is not convicted;
    20. For serving writ with aid of posse comitatus with actual expenses necessarily incurred in executing said writ, in counties of every class, actual expenses, but not more than sixty dollars; for serving same without aid in counties of every class, actual expenses, but not more than four dollars;
    21. For attending before any judge, court not being in session, with prisoners with writ of habeas corpus for each day of twelve hours, or fraction thereof, in counties of every class, twelve dollars;
    22. For attending courts of record when in session, per diem of twelve hours, or fraction thereof, in counties of every class, twelve dollars; but the attendance upon the county court shall be certified by the judge of said court at the close of each month;
    23. For advertising property for sale, besides the actual cost of the advertising, in counties of every class, actual expenses, but not more than thirty dollars;
    24. For making certificates of sale previous to execution of deed, or on sales of personal property, in counties of every class, actual expenses, but not more than thirty dollars;
    25. For executing and acknowledging deed of sale of real estate, in counties of every class, actual expenses, but not more than forty dollars;
    26. For taking, approving, and returning bond in any case, in counties of every class, a reasonable fee, not to exceed ten dollars;
    27. For executing capias or warrant in criminal cases, on each prisoner named therein, in counties of every class, two dollars;
    28. For transporting insane or other prisoners, besides the actual expenses necessarily incurred, in counties of every class, not less than twelve cents per mile nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county, and for the service of mittimus or other process order, whether written or otherwise, in transporting prisoners, in counties of every class, not less than twelve cents per mile nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county; except that such mileage shall be only by one officer and no mileage shall be charged upon the guards attending the officer having custody of the prisoner and further except that the guards attending the officer in charge of the prisoner shall receive, besides the expenses necessarily incurred, the sum of twelve dollars per diem of twelve hours, or fraction thereof, to be paid out of the county treasury;
    29. For his or her services in sales of real estate on an execution or decree, order of court, or other court process, besides actual expenses, in counties of every class on all bids under three thousand dollars, twenty dollars; and on all sums bid over three thousand dollars, one percent; but such commission shall in no case exceed the sum of one hundred dollars;
    30. For money collected by sale of personal property, in counties of every class, on all sums bid under five hundred dollars, five percent; on all sums bid over five hundred dollars and under one thousand dollars, six percent; and on all sums bid over one thousand dollars, seven percent; but no fee shall be charged for an auctioneer or other person for making sales of personal property; and in no case shall such commission exceed the sum of one hundred dollars;
    31. For money collected or settlements made without sale, after writ of execution, attachment, or replevin has been placed in his or her hands and levy or demand for payment has been made on the proper party, in counties of every class, on all amounts under five hundred dollars, three percent; on all amounts over five hundred dollars and under one thousand dollars, two percent; and on all amounts over one thousand dollars, one and one-half percent; but the fee in no case shall exceed the sum of one hundred and fifty dollars; and the plaintiff or any person making any settlement shall be liable to the sheriff for such fees;
    32. For pursuing and capturing, or pursuit without capture, when previously authorized by the board of county commissioners, each prisoner charged with the commission of any crime denominated a felony, beyond the limits of said county, in counties of every class, all necessary expenses of such pursuit, upon a verified, itemized account being presented for the same, together with twelve dollars per diem of twelve hours for the time occupied in such pursuit;
    33. For serving and returning writ of ne exeat or body attachment, in counties of every class, actual expenses, but not more than twenty dollars;
    34. For serving copy of execution when making levy on shares of stock under execution, on each party served, in counties of every class, actual expenses, but not more than sixty dollars;
    35. For making certificates of levy on shares, or otherwise, in counties of every class, actual expenses, but not more than thirty dollars;
    36. For making return on execution, in counties of every class, actual expenses, but not more than sixty dollars;
    37. For executing certificate of redemption, in counties of every class, actual expenses, but not more than thirty dollars;
    38. For service and execution of any writ of restitution or order of possession of premises, besides actual transportation costs necessarily incurred in counties of every class, actual expenses not to exceed two hundred dollars; except that a sheriff may charge for actual expenses in excess of two hundred dollars if the work performed exceeds two hours in duration. A sheriff may charge a fee under this paragraph (gg) after the sheriff has provided a detailed accounting of his or her actual expenses to the person requesting such service. Actual transportation costs assessed pursuant to this paragraph (gg) shall only be charged once per location for each service or execution.

    (1.5) If the cost of serving any writ of restitution or order of possession of premises may be provided at a lower cost to a county by a private provider, such county shall contract with a private provider pursuant to a competitive bidding system in which a contract to provide the service of such writs is awarded to the lowest bidder. The provisions of this subsection (1.5) shall not be deemed to authorize that services related to the execution of any writ of restitution or order of possession of premises be provided through private contracting.

  2. As used in this section, "actual expenses" means those personnel and processing costs incurred in typing, processing, filing, and serving said process papers but does not include mileage. Subject to the limitations contained in this section, the fee for each type of service shall be fixed by ordinance or resolution.

Source: L. 1891: p. 205, § 4. R.S. 08: § 2532. L. 21: p. 312, § 1. C.L. § 7882. CSA: C. 66, § 16. CRS 53: § 56-4-7. L. 55: p. 390, § 1; C.R.S. 1963: § 56-4-8. L. 69: p. 386, § 1. L. 77: (1)(a), (1)(c), (1)(f), (1)(g), (1)(j), (1)(k), (1)(m) to (1)(t), and (1)(cc) to (1)(ff) amended and (2) added, p. 1429, § 1, effective July 1. L. 78: (1)(n) and (1)(w) amended, p. 442, § 1, effective March 3. L. 84: (1)(a), (1)(b), (1)(d), (1)(e), and (1)(w) to (1)(z) amended, p. 814, § 1, effective March 16. L. 88: (1)(j) and (1)(k) amended and (1)(gg) and (1.5) added, p. 1109, §§ 1, 2, effective July 1. L. 94: (1)(u) amended, p. 1238, § 8, effective May 22. L. 96: (1) amended, p. 747, § 1, effective July 1. L. 2001: (1)(a.5), (1)(b.5), (1)(c.5), (1)(d.5), (1)(e), (1)(f), (1)(g), (1)(h.5), (1)(j), (1)(k), (1)(m), (1)(o), (1)(r), (1)(s), (1)(t), (1)(bb), (1)(cc), (1)(dd), (1)(ee), (1)(ff), and (1)(gg) amended, p. 436, § 1, effective July 1. L. 2004: (1)(n) amended, p. 631, § 1, effective July 1. L. 2005: (1)(f), (1)(j), (1)(k), and (1)(gg) amended, p. 263, § 2, effective August 8. L. 2010: (1)(b.5), (1)(d.5), and (1)(h.5) amended, (HB 10-1057), ch. 118, p. 396, § 1, effective August 11.

ANNOTATION

Law reviews. For article, "Obtaining Costs for Clients -- Part 1", see 14 Colo. Law. 1974 (1985).

The provisions of this section are mandatory. Farmers Union Milling & Elevator Co. v. Smith, 79 Colo. 277, 245 P. 346 (1926).

The compensation given a sheriff by this section for serving a special venire for jurors in a court of record is for the service, whether performed by him or by deputy. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

The mileage fee prescribed for the sheriff in this section for serving any process is intended solely as a part of the compensation for such services, all of which is to be applied to the payment of his salary. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

And the evident intent of the general assembly was to create by the fee act a mileage fee, all of which belongs to the officer as part of his compensation for services actually rendered, and no part of which should be applied to the officer's necessary traveling expenses. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

Because by the salary act another mileage fee was provided for, separate and distinct from that in the fee act, out of which the officer was to be repaid his actual traveling expenses, and no more. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

And under this section an officer who serves a number of writs in the same case upon a single journey is entitled to receive but one mileage fee. Bd. of County Comm'rs v. Love, 15 Colo. 430, 25 P. 557 (1890).

Under this section the sheriff conveying several prisoners to the penitentiary or other place of detention is entitled to but one mileage for the service of the mittimus, no matter what may be the number of his prisoners. Bd. of County Comm'rs v. Campbell, 52 Colo. 440, 123 P. 317 (1912).

This section inhibits the appointment of a custodian without request in writing of the plaintiff or his attorney in an attachment suit, and there is no reason apparent why the rule under the statute of frauds, that a subsequent written admission of a previous parol agreement generally takes the case out of the statute, should not be applied to this section regarding appointment of custodians. Farmers Union Milling & Elevator Co. v. Smith, 79 Colo. 277, 245 P. 346 (1926).

But it was held under the facts disclosed that there was a sufficient written recognition of a previous oral request for a custodian at a compensation of one dollar a day. Farmers Union Milling & Elevator Co. v. Smith, 79 Colo. 277, 245 P. 346 (1926).

The mileage fee set in subsection (1)(w) does not place a cap on transportation fees that may be charged to a defendant. People v. Fogarty, 126 P.3d 238 (Colo. App. 2005).

30-1-105. Constructive mileage not allowed. (Repealed)

Source: L. 1891: p. 324, § 2. R.S. 08: § 2533. C.L. § 7883. CSA: C. 66, § 17. CRS 53: § 56-4-8. C.R.S. 1963: § 56-4-9. L. 64: p. 384, § 11. L. 2010: Entire section repealed, (HB 10-1057), ch. 118, p. 397, § 2, effective August 11.

30-1-105.5. Two or more papers served on same person or different persons at same time and place in same action.

  1. Except as provided in subsection (2) of this section, when any sheriff serves two or more papers on the same person, or serves papers on different persons at the same time and place in the same action, the sheriff shall charge the highest individual fee allowable pursuant to section 30-1-104 for the first process and an additional ten dollars for each subsequent process served.
  2. If a county has adopted a zone- or zip code-based mileage fee structure, as that term is described in section 30-1-104 (1)(h.5)(II), when any sheriff serves two or more papers on the same person, or serves papers on different persons at the same time and place in the same action, the sheriff shall charge the single zone- or zip code-based mileage fee for the first process and an additional ten dollars for each subsequent process served.

Source: L. 2010: Entire section added, (HB 10-1057), ch. 118, p. 397, § 3, effective August 11.

30-1-106. Service must be made upon offer or tender of fees.

  1. No sheriff shall refuse to serve any writ, summons, or notice requested by any person entitled to such service, when offered or tendered the fees allowed by law for such service; nor shall he or she charge, demand, or receive any greater sum or compensation or allowance.
  2. A sheriff shall have the authority to establish billing accounts for licensed attorneys and licensed collection agencies that have a principal office located in the state.
  3. A sheriff shall have the authority to develop and publish standardized procedures for billing the accounts authorized by subsection (2) of this section. Such procedures may include the ability to suspend the billing privileges of any entity for nonpayment of a fee upon demand or other good cause shown.

Source: L. 1891: p. 324, § 3. R.S. 08: § 2534. C.L. § 7884. CSA: C. 66, § 18. CRS 53: § 56-4-9. C.R.S. 1963: § 56-4-10. L. 64: p. 384, § 12. L. 2010: Entire section amended, (HB 10-1057), ch. 118, p. 397, § 4, effective August 11.

30-1-107. Penalty for violation - duties.

Any sheriff who violates section 30-1-106 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five nor more than fifty dollars for each offense and is liable to any person aggrieved to pay all loss, damage, and expenses, including attorney fees in prosecuting or suing such officer, which such aggrieved person may sustain by reason of such violation. The sheriff and the sheriff's deputies shall be subject to section 30-1-106.

Source: L. 1891: p. 324, § 4. R.S. 08: § 2535. C.L. § 7885. CSA: C. 66, § 19. CRS 53: § 56-4-10. C.R.S. 1963: § 56-4-11. L. 64: p. 384, § 13. L. 2010: Entire section amended, (HB 10-1057), ch. 118, p. 398, § 5, effective August 11.

30-1-108. Schedule of fees posted.

All officers of this state who are required to collect fees for their services are required to make fair tables of their respective fees, and keep the same posted in their respective offices in some conspicuous place for the inspection of all persons who have business in such office; and, if any such officer neglects to keep a table of fees posted in his office, such officer, for each day of such neglect, shall forfeit and pay the sum of five dollars, to be recovered by action at law before the county court for the use of the county in which the offense has been committed.

Source: L. 1891: p. 220, § 15. R.S. 08: § 2545. C.L. § 7893. CSA: C. 66, § 32. CRS 53: § 56-4-11. C.R.S. 1963: § 56-4-12. L. 64: p. 384, § 14.

30-1-109. Fee bill.

Any person liable for any costs or fees shall be entitled to receive on demand a certified bill of the same in which the items of service and the charges therefor shall be specifically stated.

Source: L. 1891: p. 220, § 16. R.S. 08: § 2546. C.L. § 7894. CSA: C. 66, § 33. CRS 53: § 56-4-12. C.R.S. 1963: § 56-4-13.

30-1-110. Penalty for failure to serve.

When any clerk, sheriff, or other officer is required by any person, in good faith, to do any official act, or perform any official duty for which he is entitled to demand and receive a fee established by law, and if required to do so, he shall state to such person the amount which he is allowed by law to collect, and if, upon a tender to him of such amount, such officer willfully neglects or refuses to perform such act or duty, he is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than ten nor more than two hundred dollars.

Source: L. 1885: p. 208, § 2. R.S. 08: § 2548. C.L. § 7896. CSA: C. 66, § 35. CRS 53: § 56-4-13. C.R.S. 1963: § 56-4-14. L. 64: p. 385, § 15.

30-1-111. Unauthorized fees - penalty.

If any officer whose fees are expressed and limited in this article takes or demands greater fees than prescribed for any service, or charges for said services and neglects or refuses to enter the same of record, or to perform the same, he shall forfeit to the party injured thereby the sum of fifty dollars to be recovered as actions of debt of the same amount are recoverable by law.

Source: L. 1891: p. 220, § 17. R.S. 08: § 2549. L. 21: p. 230, § 4. C.L. § 7876. L. 23: p. 252, § 2. CSA: C. 66, § 36. CRS 53: § 56-4-14. C.R.S. 1963: § 56-4-15.

ANNOTATION

This section is penal and must be strictly construed. Mitchell v. Wheeler, 20 Colo. App. 159, 77 P. 361 (1904).

And it denounces a penalty of 50 dollars against any officer who shall take greater fees for any services to be done by him than those provided by the statute, and a like penalty against any officer who shall charge, demand, or take any of the fees provided by the statute where the services shall not be actually done or performed. Mitchell v. Wheeler, 20 Colo. App. 159, 77 P. 361 (1904).

A treasurer is not liable under this section for taking fees or commissions to which he is not entitled; such acts are not covered by the terms of this section. Mitchell v. Wheeler, 20 Colo. App. 159, 77 P. 361 (1904).

And a complaint was held not sufficient to constitute a cause of action under the provisions of this section, for the reason that there was no allegation that the treasurer had charged a greater fee than was provided for, or that he had charged, demanded, or taken a fee for a service which was not rendered. Mitchell v. Wheeler, 20 Colo. App. 159, 77 P. 361 (1904).

Section not assumed basis of action. In a suit to recover from a police magistrate excess fees collected, the reviewing court will not assume that the action is based on this section where the record does not so indicate. Cummings v. Aiken, 82 Colo. 391, 260 P. 524 (1927).

30-1-112. Fees paid monthly.

  1. It is the duty of county sheriffs, county clerk and recorders, and all county officials to collect all fees of their respective offices and to pay the same to the county treasurer of their respective counties monthly; also to file monthly with the county treasurer an itemized statement of all fees so collected.
  2. Commencing January 1, 1970, it is the duty of the clerks of district, juvenile, probate, and county courts to transmit monthly all fees to the state treasurer, who shall deposit the same in the state general fund.

Source: L. 19: p. 378, § 10. C.L. § 7904. CSA: C. 66, § 43. CRS 53: § 56-4-15. L. 58: pp. 247, 249, §§ 13, 19, 20. L. 63: p. 492, §§ 1, 2. C.R.S. 1963: § 56-4-16. L. 64: p. 462, § 3. L. 69: p. 256, § 31. L. 87: (2) amended, p. 1582, § 39, effective July 10.

ANNOTATION

Applied in Bd. of County Comm'rs v. Bullock, 122 Colo. 218 , 220 P.2d 877 (1950).

30-1-113. Officers to keep account of fees.

Each such officer, in a book provided for the purpose, shall keep a full, true, accurate, and minute account of all fees of his office, designating in corresponding columns the amount of all fees, and all payments received on account thereof, and shall also keep an account of all expenditures made by him on account of clerk hire and other necessary expenses. Such accounts shall always be open to the inspection and examination of the board of county commissioners, and the accounts of the clerks of the district court shall always be open to the inspection and examination of the state treasurer.

Source: L. 1891: p. 313, § 19. R.S. 08: § 2551. C.L. § 7899. CSA: C. 66, § 38. CRS 53: § 56-4-16. L. 58: pp. 248, 249, §§ 16, 19, 20. C.R.S. 1963: § 56-4-17. L. 69: p. 386, § 2.

ANNOTATION

Officers required to keep accounts. All of the various officers who collect fees which they are bound to pay into the county treasury, and which make up the fee funds out of which their salaries are to be paid, must keep an account of all fees earned, payments received, and expenditures made on account of clerk hire. Bd. of Comm'rs v. Clapp, 9 Colo. App. 161, 48 P. 157 (1897).

This record is at all times subject to inspection by the board of county commissioners. Frost v. Bd. of Comm'rs, 43 Colo. 43, 95 P. 289 (1908).

A complaint under this section should allege that the officer failed or neglected to keep this book of account, or that the county commissioners were prevented from examining the same. Frost v. Bd. of Comm'rs, 43 Colo. 43, 95 P. 289 (1908).

This section did not authorize a justice to appoint a clerk and compel the county to pay the salary which he should agree to pay him. Bd. of Comm'rs v. Clapp, 9 Colo. App. 161, 48 P. 157 (1897).

30-1-114. Monthly report of officers.

If required by the board of county commissioners, the county treasurer, sheriff, and county clerk and recorder, on the first Monday of each month during the officer's term of office, shall make to the chairman of the board of county commissioners a report in writing under oath of all the fees of the officer's office, of every name and description, and of all necessary expenses of clerk hire and other expenses for the month ending at the time of said report. If required, such report shall state fully the manner in which such fees accrued.

Source: L. 1891: p. 313, § 20. R.S. 08: § 2552. C.L. § 7900. CSA: C. 66, § 39. CRS 53: § 56-4-17. C.R.S. 1963: § 56-4-18. L. 64: p. 385, § 16. L. 69: p. 256, § 32. L. 92: Entire section amended, p. 964, § 2, effective June 1.

ANNOTATION

The phraseology of this section did not necessarily imply that a justice had authority to appoint a clerk, or if that authority could be therefrom deduced, the court was unable to conclude the clerk's compensation was payable out of any other fund than that which was made up of the fees and emoluments of the office, and since several of the officers named were accorded the right to appoint assistants, deputies and clerks, rebutted the contention that it was the evident intention of the general assembly to confer on the justice the power to appoint a clerk. Bd. of Comm'rs v. Clapp, 9 Colo. App. 161, 48 P. 157 (1897).

Applied in Henderson v. Bd. of Comm'rs, 4 Colo. App. 302, 35 P. 880 (1894); Hamma v. People, 42 Colo. 401, 94 P. 326 (1908).

30-1-115. Commissioners to audit accounts.

It is the duty of the board of county commissioners to audit such accounts as soon as may be, and correct and adjust the same in accordance with the facts.

Source: L. 1891: p. 314, § 21. R.S. 08: § 2553. C.L. § 7901. CSA: C. 66, § 40. CRS 53: § 56-4-18. C.R.S. 1963: § 56-4-19.

ANNOTATION

Express duty. This section expressly charges the county commissioners with the duty of auditing the accounts of county officers, and correcting and adjusting the same. Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).

The board had no control of the public examiner, no authority to direct an audit by him of the books of a county officer, and was not charged with notice of his report when made. Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).

The purpose and vital importance of an efficient audit were manifest from the statutory requirement that all prescribed fees had to be collected in advance by county officers, and when collected had to be paid to the county treasurer, and that any balance left to the credit of the several funds in any year after the salaries and compensation provided for had been paid therefrom, would be placed to the credit of the general county fund. Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).

The board is not limited by this section to any specific means or agencies for making the required audit. Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).

The board had the implied power to employ an accountant. Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).

The expense of an examination of the books of the county officers, required by this section, not contemplated at the date of the annual appropriation, may properly be discharged from the contingent fund. Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).

30-1-116. Officers shall collect fees in advance.

  1. Except as provided in section 30-1-106, every officer shall collect every fee, as prescribed, for services performed by him or her in advance, if the same can be ascertained, and when any officer negligently or willfully fails to collect any such fee, the same shall be charged against his or her salary.
  2. In proceedings where a public administrator, special administrator, receiver, or other person is appointed by the court to take possession of assets of an estate in which there are no funds immediately available to pay fees, the fees need not be paid in advance, but shall be paid as soon as funds become available.
  3. No officer shall collect fees in advance in any collection action initiated pursuant to section 18-1.3-506, C.R.S.

Source: L. 1891: p. 314, § 23. R.S. 08: § 2550. C.L. § 7898. CSA: C. 66, § 37. CRS 53: § 56-4-19. L. 61: p. 383, § 1. C.R.S. 1963: § 56-4-20. L. 89: (3) added, p. 887, § 2, effective April 6. L. 2002: (3) amended, p. 1542, § 286, effective October 1. L. 2010: (1) amended, (HB 10-1057), ch. 118, p. 398, § 6, effective August 11.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (3), see section 1 of chapter 318, Session Laws of Colorado 2002.

ANNOTATION

Law reviews. For article, "Justice Courts", see 24 Dicta 184 (1947).

This section imposing a liability in the nature of a penalty is strictly construed; and the penalty is not to be extended to cases not within the terms of the statute, or increased beyond the limit prescribed. Bd. of Comm'rs v. Law, 3 Colo. App. 328, 33 P. 143 (1893); Colo. Fuel & Iron Co. v. Lenhart, 6 Colo. App. 511, 41 P. 834 (1895); Hazelton v. Porter, 17 Colo. App. 1, 67 P. 170 (1902); Price v. Bd. of County Comm'rs, 22 Colo. App. 315, 124 P. 353 (1912).

By this section the duty of collecting fees in advance is imposed upon the officer where the same can be ascertained. Frost v. Bd. of County Comm'rs, 43 Colo. 43, 95 P. 289 (1908).

This section makes the officers responsible for the collection of their fees. Bransom v. Bd. of County Comm'rs, 5 Colo. App. 231, 37 P. 957 (1894).

Penalty stimulates collection. The fact is recognized that sometimes such prior ascertainment may be impossible, and therefore the fees may not be so collected, and in order to stimulate or coerce the collection of the fees earned and belonging to the county, to wit, the excess above the sums necessary to make up the officer's salary, the penalty of charging the uncollected portion thereof against his salary is provided. Frost v. Bd. of County Comm'rs, 43 Colo. 43, 95 P. 289 (1908).

Negligent or wilful failure results in forfeiture. This section makes it the duty of the clerk to collect every fee for services performed by him, and provides a forfeiture if he shall wilfully or negligently fail to do so. Henderson v. Bd. of Comm'rs, 4 Colo. App. 301, 35 P. 880 (1894).

This penalty is not to be enforced unless the failure to make such collection is due to the negligence or wilfulness of the delinquent official. Frost v. Bd. of County Comm'rs, 43 Colo. 43, 95 P. 289 (1908).

As to uncollected fees, a county judge was only liable for the negligent or wilful failure to collect. Price v. Bd. of County Comm'rs, 22 Colo. App. 315, 124 P. 353 (1912).

In a literal sense, the uncollected fees cannot be charged against the officer's salary, since the county is only entitled to fees collected above the amount necessary to make up the salary. Price v. Bd. of County Comm'rs, 22 Colo. App. 315, 124 P. 353 (1912).

But salary is maximum limit of penalty. The amount of the salary received by the officer must be taken as the maximum limit of the penalty for the negligent or wilful failure to collect. Price v. Bd. of County Comm'rs, 22 Colo. App. 315, 124 P. 353 (1912).

Negligent or wilful failure must be alleged. Under this section a complaint against a county judge for surplus fees uncollected had to allege that his failure to collect the same was negligent or wilful. Frost v. Bd. of County Comm'rs, 43 Colo. 43, 95 P. 289 (1908).

Burden of proof. In a suit against a county judge to recover the surplus uncollected fees of his office, the burden of proof was on the county commissioners to show that the fees were negligently or wilfully left uncollected. Frost v. Bd. of County Comm'rs, 43 Colo. 43, 95 P. 289 (1908).

Slight evidence was sufficient to shift the burden of proof on the officer to establish the exercise of reasonable diligence in endeavoring to collect such unpaid fees. Frost v. Bd. of County Comm'rs, 43 Colo. 43, 95 P. 289 (1908).

Lack of record only affects proof. The alleged neglect to make a record of such fees, as in this case, could only affect the matter of proof. Price v. Bd. of County Comm'rs, 22 Colo. App. 315, 124 P. 353 (1912).

30-1-117. Refusal to pay fees to treasurer - penalty.

Any officer failing or refusing to pay over to the county treasurer or to the state treasurer the fees of his office, as provided in section 30-1-112, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and may be removed from office by the court before which the conviction is had.

Source: L. 1891: p. 314, § 24. R.S. 08: § 2555. C.L. § 7903. CSA: C. 66, § 42. CRS 53: § 56-4-20. L. 58: pp. 248, 249, §§ 17, 19, 20. C.R.S. 1963: § 56-4-21. L. 69: p. 386, § 2.

ANNOTATION

This section attaches severe penalties to the failure of the officers to pay over the fees. Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).

It provides a penalty of imprisonment in the county jail, or fine, or both such fine and imprisonment, for failure of the district clerk to pay over to the county treasurer the fees of his office. Adams v. People, 25 Colo. 532, 55 P. 806 (1898).

It had no application whatever to jury fees and witness fees which the clerk collected and disbursed. Adams v. People, 25 Colo. 532, 55 P. 806 (1898).

30-1-118. Mileage allowances. (Repealed)

Source: L. 33: p. 788, § 1. CSA: C. 66, § 44. CRS 53: § 56-4-21. C.R.S. 1963: § 56-4-22. L. 69: p. 391, § 1. L. 73: p. 628, § 3. L. 75: (1) repealed, p. 218, § 60, effective July 16. L. 78: Entire section amended, p. 443, § 2, effective March 3. L. 80: Entire section repealed, p. 657, effective July 1.

30-1-119. Separate fee funds kept - definition.

  1. Except as otherwise provided in subsection (2) of this section, all fees collected by county officers except those collected pursuant to section 30-1-102 (3) shall be paid over to the county treasurer and shall be kept by him in separate funds to be known as:
    1. The "sheriff's fee fund";
    2. The "county clerk's fee fund";
    3. The "county treasurer's commission and fee fund".
  2. The revenues generated annually from the fee for committing and discharging prisoners authorized pursuant to section 30-1-104 (1)(n) must be distributed as follows:
      1. The county shall expend an amount equal to twenty percent of the revenues generated annually from the fee to administer a community-based treatment program for the treatment of offenders with a behavioral, mental health, or substance use disorder committed or discharged by the county if the county has established, or the board of county commissioners chooses to establish, such a community-based treatment program.
      2. For purposes of this subsection (2)(a), "community-based treatment program" means a community-based program that provides management and treatment services to persons with behavioral, mental health, or substance use disorders in the criminal or juvenile justice system, designed, at a minimum, to reduce recidivism and hospitalization of these persons.
    2. The county shall expend an amount equal to twenty percent of the revenues generated annually from the fee for training of the sheriff and deputy sheriffs and other local law enforcement officers. The training may include a crisis intervention training component to meet the needs of offenders with behavioral or mental health disorders; and
    3. The county shall expend the balance of the revenues generated annually from the fee for law-enforcement-related expenditures to defray the costs of processing prisoners into and out of custody.

Source: L. 45: p. 337, § 16. CSA: C. 66, § 58(16). CRS 53: § 56-4-22. L. 58: pp. 248, 249, §§ 18-20. C.R.S. 1963: § 56-4-23. L. 64: p. 385, § 17. L. 69: p. 256, § 33. L. 87: IP(1) amended, p. 1202, § 2, effective April 30. L. 2004: Entire section amended, p. 631, § 2, effective July 1. L. 2017: IP(2), (2)(a), and (2)(b) amended, (SB 17-242), ch. 263, p. 1378, § 298, effective May 25.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

ANNOTATION

Legislative intent. By enacting this section the general assembly evinced a legislative intent to require all fees, emoluments, perquisites and commissions collected by a county clerk and recorder to be accounted for and placed in the proper fund in the office of the county treasurer, to be withdrawn therefrom only on warrants properly issued in payment of the salaries of such deputies and assistants as are necessary in the performance of their statutory duties. Flanders v. Kochenberger, 118 Colo. 104 , 193 P.2d 281 (1948).

ARTICLE 2 COMPENSATION OF COUNTY OFFICERS

Cross references: For salaries and compensation of county officers, see §§ 8 and 15 of art. XIV, Colo. Const.; for the text of H.C.R. 85-1003, see L. 85, p. 1521 .

Section

30-2-101. Classification of counties for salaries.

For the purpose of providing for and regulating the compensation of county and other officers, the counties of this state, other than home rule counties or home rule cities and counties, are classified as provided in this article.

Source: L. 52: p. 111, § 1. CRS 53: § 56-2-1. L. 62: p. 162, § 1. C.R.S. 1963: 56-2-1. L. 81: Entire section amended, p. 2028, § 32, effective July 14.

30-2-102. Categorization of counties for fixing salaries of county officers - salary amounts - legislative declaration.

  1. For the purpose of establishing the salaries of county officers whose terms of office begin prior to January 1, 2016:
    1. Category I counties shall consist of the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld;
    2. Category II counties shall consist of the counties of Eagle, Fremont, Garfield, La Plata, Mesa, Pitkin, Routt, and Summit;
    3. Category III counties shall consist of the counties of Alamosa, Archuleta, Chaffee, Clear Creek, Delta, Gilpin, Grand, Gunnison, Las Animas, Logan, Moffat, Montezuma, Montrose, Morgan, Otero, Park, Rio Blanco, San Miguel, and Teller;
    4. Category IV counties shall consist of the counties of Custer, Elbert, Huerfano, Kit Carson, Lake, Ouray, Prowers, Rio Grande, Washington, and Yuma;
    5. Category V counties shall consist of the counties of Baca, Bent, Cheyenne, Conejos, Costilla, Crowley, Dolores, Hinsdale, Lincoln, Mineral, Phillips, Saguache, and San Juan;
    6. Category VI counties shall consist of the counties of Jackson, Kiowa, and Sedgwick.

    1. (1.5) (a) For the purpose of establishing the salaries of county officers whose terms of office begin on or after January 1, 2016:
        1. Category I-A counties consist of the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld;
        2. Category I-D counties consist of the county of Mesa.
        1. Category II-A counties consist of the counties of Eagle, Garfield, La Plata, Routt, and Summit;
        2. Category II-C counties consist of the counties of Fremont and Pitkin.
        1. Category III-A counties consist of the counties of Alamosa, Chaffee, Clear Creek, Gunnison, Moffat, Montrose, Morgan, Park, Rio Blanco, San Miguel, and Teller;
        2. Category III-B counties consist of the counties of Archuleta, Delta, Gilpin, Grand, and Logan;
        3. Category III-C counties consist of the county of Otero;
        4. Category III-D counties consist of the counties of Las Animas and Montezuma.
        1. Category IV-A counties consist of the counties of Custer, Elbert, Ouray, and Prowers;
        2. Category IV-B counties consist of the counties of Kit Carson, Lake, Washington, and Yuma;
        3. Category IV-C counties consist of the counties of Huerfano and Rio Grande;
        4. Repealed.
        1. Category V-A counties consist of the counties of Baca, Conejos, Costilla, Lincoln, Mineral, Phillips, and San Juan;
        2. Category V-B counties consist of the counties of Crowley, Hinsdale, and Saguache;
        3. Category V-C counties consist of the counties of Bent and Dolores;
        4. Category V-D counties consist of the county of Cheyenne.
        1. Category VI-C counties consist of the counties of Jackson and Sedgwick;
        2. Category VI-D counties consist of the county of Kiowa.
    2. On and after January 1, 2016, the general assembly may amend the provisions of paragraph (a) of this subsection (1.5) by bill to move a county to any of the categories for which salaries are specified in subsection (2.3) of this section to another category. Such amendment shall be made only after giving due consideration to the variations among the counties including population, the number of persons residing in unincorporated areas, assessed valuation, motor vehicle registrations, building permits, military installations, and such other factors as may be relevant to reflect the variations in the workloads and responsibilities of county officers and the tax resources of the several counties.
  2. The annual salaries of county officers whose term of office begins prior to January 1, 2002, shall be as follows:

    (2.1) On and after January 1, 2002, but prior to January 1, 2007, the annual salaries of county officers whose term of office begins on or after January 1, 2002, but prior to January 1, 2007, shall be as follows:

County Treasurers, County County Assessors, Commissioners Sheriffs and Clerks (a) Category I 63,203 71,293 63,203 (b) Category II 51,827 57,768 51,827 (c) Category III 41,714 53,091 41,714 (d) Category IV 35,394 47,782 35,394 (e) Category V 32,613 36,405 32,613

County Treasurers, County County Assessors, County Commissioners Sheriffs and Clerks Coroners (a) Category I 63,203 95,000 75,500 75,500 (b) Category II 51,827 75,000 62,000 32,000 (c) Category III 41,714 65,000 50,000 25,000 (d) Category IV 35,394 57,000 42,500 17,000 (e) Category V 32,613 42,000 37,500 6,500 (2.2) On and after January 1, 2007, but prior to January 1, 2016, the annual salary of a county officer whose term of office begins on or after January 1, 2007, but prior to January 1, 2016, is as follows: County Treasurers, County County Assessors, County County Commissioners Sheriffs and Clerks Coroners Surveyors (a) Category I 87,300 111,100 87,300 87,300 5,500 (b) Category II 72,500 87,700 72,500 44,200 4,400 (c) Category III 58,500 76,000 58,500 33,100 3,300 (d) Category IV 49,700 66,600 49,700 22,100 2,200 (e) Category V 43,800 49,100 43,800 9,900 1,100 (f) Category VI 39,700 46,500 39,700 9,000 1,000 (2.3) (a) Except as provided in paragraph (b) of this subsection (2.3), on and after January 1, 2016, the annual salary of a county officer whose term of office begins on or after such date is as follows: Insert PDF file -- Contact pub team for WP file (b) Prior to January 1, 2018, and prior to January 1 each two years thereafter, the director of research of the legislative council appointed pursuant to section 2-3-304 (1) shall adjust the amount of each annual salary in each category specified in subsection (2.3)(a) of this section in accordance with the percentage change over the period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. The director of research shall post the adjusted annual salary amounts on the website of the general assembly. The annual salary of a county officer whose term of office begins on or after the date the salaries have been adjusted pursuant to this subsection (2.3)(b) must be as adjusted by the director of research. (2.5) Repealed. (2.7) (Deleted by amendment, L. 97, p. 308 , § 1, effective August 6, 1997.) (2.8) The general assembly hereby finds and declares that: (a) The rate of compensation of elected county officers shall be provided in accordance with the provisions set forth in section 15 of article XIV of the state constitution; (b) The salaries of county commissioners, sheriffs, treasurers, assessors, clerk and recorders, coroners, and surveyors have been fixed by law through the enactment of this section. (c) (Deleted by amendment, L. 98, p. 409 , § 1, effective April 21, 1998.) (3) (a) to (d) Repealed. (e) No elected officer shall have his compensation increased or decreased during the term of office to which he has been elected or appointed. All actual and necessary expenses of an elected officer incurred while engaged in business on behalf of the county may be allowed by the board of county commissioners and paid out of the county treasury. (4) The board of county commissioners may adjust the salaries established in this section pro rata for county officers working part-time. (5) The salaries established pursuant to this section shall remain in effect until such time that section 15 of article XIV of the constitution of the state of Colorado is amended to authorize or direct the board of county commissioners in each county to fix the compensation of county officers. (6) If any provision of this section is found to be unconstitutional by a court of competent jurisdiction, the remaining provisions of this section are valid, unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed.

Source: L. 52: p. 111, § 3. CSA: C. 66, § 58(7f). L. 53: p. 297, § 3. CRS 53: § 56-2-4. L. 57: p. 372, § 1. L. 58: p. 233, § 1. L. 61: p. 379, §§ 1, 2. L. 62: p. 163, § 3. L. 70: R&RE, p. 192, § 1. C.R.S. 1963: § 30-2-102. L. 73: p. 624, § 1. L. 77: Entire section amended, p. 1432, § 1, effective July 1. L. 81: Entire section R&RE, p. 1423, § 1, effective June 6. L. 86: (1)(a) to (1)(c), (1)(e), and (1)(f) amended, (2.5) added, and (3)(a) to (3)(d) repealed, pp. 1032, 1033, §§ 1, 2, effective May 5. L. 87: (2.5)(b) repealed, p. 1582, § 40, effective July 10. L. 88: (3)(e) amended, p. 917, § 3, effective April 14. L. 89: (2) R&RE, (2.3) added, and (2.5)(a) amended, p. 1272, §§ 1, 2, effective May 17. L. 90: (1) and (2) R&RE and (2.3) and (2.5)(a) repealed, pp. 1442, 1443, §§ 1, 2, effective April 17. L. 91: (1)(a) and (1)(b) amended, p. 714, § 1, effective March 28. L. 92: (2.7) added, p. 965, § 3, effective June 1. L. 97: (1), (2), and (2.7) amended and (2.8) added, p. 308, § 1, effective August 6. L. 98: (1) and (2.8)(c) amended, p. 409, § 1, effective April 21. L. 2000: (2) amended and (2.1) added, p. 295, § 1, effective July 1. L. 2001: (1)(d), (1)(e), (2), and (2.1) amended, p. 449, § 1, effective August 8. L. 2002: (1)(d) and (1)(e) amended, p. 7, § 1, effective August 7; (2.1) amended, p. 365, § 1, effective August 7. L. 2003: (1)(c) and (1)(d) amended, p. 808, § 1, effective March 28. L. 2005: (1)(c) and (1)(d) amended, p. 374, § 1, effective August 8. L. 2006: (1)(e), IP(2.1), and (2.8)(b) amended and (1)(f) and (2.2) added, p. 448, §§ 1, 2, effective August 7. L. 2009: (1)(c) and (1)(d) amended, (HB 09-1203), ch. 102, p. 377, § 2, effective August 5. L. 2014: (1)(e) and (1)(f) amended, (HB 14-1223), ch. 87, p. 332, § 1, effective August 6; (1)(e) and (1)(f) amended, (HB 14-1307), ch. 163, p. 573, § 1, effective August 6. L. 2015: (1)(b) and (1)(c) amended, (HB 15-1256), ch. 91, p. 261, § 1, effective August 5; IP(1) and (2.2) amended, (1.5) added, and (2.3) RC&RE, (SB 15-288), ch. 270, p. 1060, § 3, effective January 1, 2016. L. 2016: (1.5)(a) amended, (HB 16-1367), ch. 301, p. 1217, § 1, effective June 10. L. 2017: (1.5)(a)(IV)(A) and (1.5)(a)(IV)(B) amended, (HB 17-1128), ch. 28, p. 83, § 1, effective March 8. L. 2018: (2.3)(b) amended, (HB 18-1375), ch. 274, p. 1715, § 67, effective May 29; (1.5)(a)(III)(B), (1.5)(a)(III)(D), (1.5)(a)(IV)(C), (1.5)(a)(V)(B), (1.5)(a)(V)(D), and (1.5)(a)(VI) amended and (1.5)(a)(IV)(D) repealed, (HB 18-1242), ch. 141, p. 917, § 1, effective August 8.

Editor's note: Amendments to this subsections (1)(e) and (1)(f) by HB 14-1223 and HB 14-1307 were harmonized.

ANNOTATION

This section calls for payment of salaries in fixed dollar amounts and cost of living increases should not be implied. Hayden v. State, 43 Colo. App. 148, 599 P.2d 979 (1979).

Compensation for county sheriffs is expressly provided for in this section. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).

But this section does not authorize a county to compensate the sheriff through provision of living quarters or a housing allowance. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).

Thus elimination of housing allowance not violation of constitution. Because housing allowance paid to sheriff-jailer was unauthorized and illegal, its elimination did not violate constitutional prohibitions against salary or compensation reduction during the term of office of a public official. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).

30-2-103. County commissioners - expenses.

County commissioners shall be allowed their actual and necessary maintenance expenses, together with such mileage as shall be determined by resolution of the board of county commissioners of the county or as provided by the charter of a home rule county, within the limits provided under section 30-11-107 (1)(t), for each mile actually traveled whether within or without the state when engaged in business on behalf of the county; but no mileage expense shall be allowed while said commissioners are traveling in an automobile furnished by the county.

Source: L. 45: p. 335, § 8. CSA: C. 66, § 58(8). CRS 53: § 56-2-9. C.R.S. 1963: § 56-2-9. L. 72: p. 597, § 80. L. 78: Entire section amended, p. 443, § 3, effective March 3. L. 80: Entire section amended, p. 655, § 2, effective July 1.

30-2-104. Compensation of deputies and assistants.

    1. The county clerk and recorders, county treasurers, county assessors, county coroners, and surveyors of the respective counties may appoint such deputies, assistants, and employees as shall be necessary at the compensation, payable at least once each month, as fixed by the officers with the approval of the boards of county commissioners of their respective counties. Except for those employees provided for pursuant to article 1 of title 26, C.R.S., boards of county commissioners may adopt a classification and compensation plan for all county employees paid in whole or in part by the county. The classification and compensation plan shall include workweek formulas of not less than forty hours designed to satisfy the varying requirements of each county service and county department as provided in paragraph (b) of this subsection (1). Upon acceptance by an elected official, the plan shall become binding upon the employees of that office. Changes in benefits, pay grades, and job classifications of employees shall thereafter be made in accordance with the plan.
      1. Notwithstanding any other provision of law to the contrary, workweek formulas shall take into account the various services provided by the county, the operation of the various county departments, and the demands which such services and operations have in requiring employees to be on the job in a manner which is not in conformity with the basic forty-hour workweek which generally characterizes office work.
      2. Such workweek formulas may provide for work time in excess of forty hours during consecutive seven-day calendar periods. In such cases, computation of forty-hour pay periods may be based on an averaging formula covering more than such seven-day calendar period.
      3. Authorized overtime work shall relate to such averaged workweeks where determined in the classification and compensation plan applicable to a described department or service.
      4. All employees who work overtime pursuant to any classification and compensation plan shall receive overtime compensation, either in cash or in compensatory time.
  2. In the event litigation is instituted relating to compensation or classification, the burden of proof shall be upon the plaintiff or the elected official instituting such action. Costs of any litigation instituted by an elected official shall be paid out of the county general fund.

Source: L. 45: p. 336, § 9. CSA: C. 66, § 58(9). CRS 53: § 56-2-10. C.R.S. 1963: § 56-2-10. L. 73: p. 629, § 1. L. 79: (1) amended, p. 1134, § 1, effective April 25. L. 81: (1)(a) amended, p. 1425, § 1, effective May 6. L. 84: (1)(a) amended, p. 582, § 3, effective March 19. L. 2003: (1)(a) amended, p. 806, § 1, effective July 1. L. 2006: (1)(a) amended, p. 449, § 3, effective August 7.

ANNOTATION

Law reviews. For article, "The Fair Labor Standards Act: Criminal and Civil Liability", see 14 Colo. Law. 1802 (1985).

Authority vested in board under phrase "with the approval of the board" does not give board unbridled power to change salaries fixed by treasurer. Kanaly v. Wadlow, 31 Colo. App. 193, 502 P.2d 83 (1972), modified, 182 Colo. 115 , 511 P.2d 484 (1973).

General assembly intended to divest board of exclusive power to fix salaries and to vest some meaningful power and authority in treasurer. Kanaly v. Wadlow, 31 Colo. App. 193, 502 P.2d 83 (1972), modified, 182 Colo. 115 , 511 P.2d 484 (1973).

But when the county treasurer and the board of county commissioners are unable to agree on prospective salaries for the treasurer's employees, the burden in a lawsuit brought to resolve the differences lies with the treasurer or the employee bringing the suit to show that the proposal of the treasurer is reasonable under the circumstances. Wadlow v. Kanaly, 182 Colo. 115 , 511 P.2d 484 (1973).

The board is vested with the ultimate responsibility for the conduct of the fiscal affairs of the county. Wadlow v. Kanaly, 182 Colo. 115 , 511 P.2d 484 (1973).

And the commissioners are charged with the construction of an annual budget from submissions from the various departments of their anticipated financial needs for the ensuing year. Wadlow v. Kanaly, 182 Colo. 115 , 511 P.2d 484 (1973).

No authority in county department heads to set salaries. To hold that the heads of the various county departments had the authority to set salaries of their employees, not prescribed by statute, unless clearly exorbitant, would be to seriously compound the problems faced by the commissioners in adopting a balanced budget. Wadlow v. Kanaly, 182 Colo. 115 , 511 P.2d 484 (1973).

Board reviews salaries. It seems most consistent with the requirements of county government fiscal planning to allow the board to review salaries proposed by the heads of the various departments serving executive and administrative functions in the county. Wadlow v. Kanaly, 182 Colo. 115 , 511 P.2d 484 (1973).

Such an interpretation enables the commissioners to assure a reasonable budgetary process and develop a parity in salary levels throughout these various departments. Wadlow v. Kanaly, 182 Colo. 115 , 511 P.2d 484 (1973).

The power to appoint such assistants and employees as are necessary is vested in the county superintendent of schools, who may fix their compensation with the approval of the board of county commissioners. Schroeder v. Bd. of County Comm'rs, 152 Colo. 313 , 381 P.2d 820 (1963).

No subsequent authority of board to cut off. Where the county superintendent determined that a clerical assistant was necessary and fixed compensation of such assistant with approval of board of county commissioners, the board was thereafter without unilateral power to diminish or cut off compensation of such assistant. Schroeder v. Bd. of County Comm'rs, 152 Colo. 313 , 381 P.2d 820 (1963).

As board cannot substitute its judgment. By eliminating the salary of a clerical assistant the board of county commissioners eliminated the position, and, in effect, substituted its determination of the necessity for an assistant when that prerogative is vested by law in the duly elected county official. Schroeder v. Bd. of County Comm'rs, 152 Colo. 313 , 381 P.2d 820 (1963).

Nor can court. A trial court in entering a finding determining that the assistant of the county superintendent of schools is not necessary invades the province of the executive branch of the government and is powerless to take such action. Schroeder v. Bd. of County Comm'rs, 152 Colo. 313 , 381 P.2d 820 (1963).

Award of attorney fees to county sheriff was error because "elected county official" in subsection (2) is limited to those officials specifically enumerated in subsection (1). Johnson v. Bd. of County Comm'rs, 676 P.2d 1263 (Colo. App. 1984).

Section not applicable. The facts of this case do not bring it within the provisions for the payment of costs under this section. Sullivan v. Bd. of County Comm'rs, 692 P.2d 1106 (Colo. 1984).

Applied in Beacom v. Bd. of County Comm'rs, 657 P.2d 440 ( Colo. 1983 ); Johnson v. Bd. of County Comm'rs, 676 P.2d 1263 (Colo. App. 1984).

30-2-105. Superintendent of schools - mileage. (Repealed)

Source: L. 45: p. 336, § 10. CSA: C. 66, § 58(10). CRS 53: § 56-2-11. C.R.S. 1963: § 56-2-11. L. 72: p. 597, § 81. L. 78: Entire section amended, p. 443, § 4, effective March 3. L. 80: Entire section amended, p. 656, § 3, effective July 1. L. 84: Entire section repealed, p. 582, § 1, effective March 19.

30-2-106. Undersheriffs and deputies - salaries - report of fees.

  1. Undersheriffs and deputy sheriffs shall be appointed by the sheriffs of their respective counties, and their salaries shall be paid at least once each month. In all counties the salaries of the undersheriff and deputy sheriff shall be fixed by the sheriff, with the approval of the board of county commissioners.
  2. The undersheriff and each deputy sheriff shall make to the sheriff a report in writing, under oath, of all fees collected of any description whatsoever and of all expenditures and necessary expenses relating to the discharge of the duties of his office.
  3. In addition thereto such sheriffs, undersheriffs, and deputy sheriffs shall be allowed such mileage as shall be determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county, within the limits provided under section 30-11-107 (1)(t), for each mile actually and necessarily traveled in the performance of their duties.

Source: L. 45: p. 336, § 13. CSA: C. 66, § 58(13). CRS 53: § 56-2-12. C.R.S. 1963: § 56-2-12. L. 72: p. 597, § 82. L. 78: (3) amended, p. 444, § 5, effective March 3. L. 80: (3) amended, p. 656, § 4, effective July 1. L. 2003: (1) amended, p. 806, § 2, effective July 1.

ANNOTATION

Approval of board of county commissioners is discretionary power, not a ministerial duty to rubberstamp a county officer's decision. Tihonovich v. Williams, 196 Colo. 144 , 582 P.2d 1051 (1978).

Circumstances to be considered by board in determining reasonableness of salaries include the amount of revenue available, the needs of other county departments and the ability of the county's taxpayers to fund additional requests, as well as the requesting department's need for the expenditures. Tihonovich v. Williams, 196 Colo. 144 , 582 P.2d 1051 (1978).

30-2-107. Traveling expenses of sheriff.

Sheriffs also shall be allowed actual traveling expenses payable out of the general county fund, upon certified itemized accounts being presented for the same, in the service of all warrants, capiases, mittimuses, commitments, body attachments, and court orders requiring the same and in the performance of the official duties in the investigation and pursuit of law violators throughout the state of Colorado in such amount as shall be determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county, within the limits provided under section 30-11-107 (1)(t); but the actual expenses incurred in the service of executions, writs of attachment, replevins, restitutions, and other process shall be paid by the parties requiring such service. All such accounts shall be subject to the approval of the board of county commissioners.

Source: L. 1891: p. 311, § 11. L. 1899: p. 335, § 7. L. 07: p. 398, § 1. R.S. 08: § 2571. L. 15: p. 245, § 1. L. 17: p. 227, § 4. L. 19: p. 373, § 3. C.L. § 7928. CSA: C. 66, § 76. CRS 53: § 56-2-16. C.R.S. 1963: § 56-2-16. L. 72: p. 598, § 83. L. 78: Entire section amended, p. 444, § 6, effective March 3. L. 80: Entire section amended, p. 656, § 5, effective July 1.

ANNOTATION

Expenses and mileage fees differentiated. The actual traveling expenses of the sheriff provided for in this section are to be paid out of and not exceeding a mileage fee at the statutory rate per mile actually and necessarily traveled in the performance of his duty, which fee is separate and distinct from and in addition to that prescribed in the fee act. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

The allowance for traveling expenses is not a payment for services, but it is a reimbursement of money expended, and is in addition to, and independent of, salary, and if the traveling expenses should exceed the amount of mileage, at the rate limited, against which they are chargeable, the full expenses could not be paid, and a proportionate loss would be suffered; but when mileage in either a civil or criminal case has been collected and deposited, it is the duty of the board of commissioners to allow the traveling expenses incurred in the case, payable out of the mileage, if it amounts to so much, or if not, to the extent of the mileage deposited. Bransom v. Bd. of Comm'rs, 5 Colo. App. 231, 37 P. 957 (1894).

Necessary traveling expenses paid by the sheriff in serving a venire for jurors in a court of record should be allowed by the county. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

If a sheriff travels upon a railroad on a free pass, he cannot be allowed the ordinary railroad fare as expenses necessarily incurred, but, notwithstanding he may have such a pass, he may pay the customary fare and include its amount in his expense account. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

The use of a sleeping car by a sheriff upon his return journey from transporting a prisoner was not only customary, but was proper and convenient, and reasonable, within the meaning of this section, as a legitimate part of the necessary expenses incurred by the sheriff. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

But, the liability of the county in such cases depended in part upon the facts and circumstances of each case, and the decision of this particular question was limited to the facts of the case. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

The mileage fees, if earned by the officer, had to be collected by him of litigants if in civil cases, and the various statutory conditions that made the county liable for costs in criminal cases had to have happened before the sheriff got credit from the county therefor; so that, in compensating the sheriff, he was not only limited to his salary and actual traveling expenses, but to get these he had to first have collected from the parties to suits the various items of fees which went to make up, and out of which only, his compensation was paid. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

30-2-108. Coroner - compensation - mileage.

    1. Repealed.
    2. In counties of every class, the coroner shall be reimbursed for such mileage as shall be determined by resolution of the board of county commissioners of the county or as provided by the charter of a home rule county, within the limits provided under section 30-11-107 (1)(t), for each mile actually and necessarily traveled in going to and returning from the place of investigation or the place of inquest, which reimbursement shall be paid out of the county treasury.
    3. In counties of every class, the board of county commissioners shall provide for reimbursement to coroners for expenses related to travel by the coroner for the purpose of testifying as a witness or acting in any other official capacity with respect to any legal proceeding involving a death investigated by that coroner. Such reimbursement may include a mileage allowance for each mile actually and necessarily traveled in an amount determined by the board within the limits provided under section 30-11-107 (1)(t) and actual and necessary lodging, subsistence, and incidental expenses as determined by the board. Such reimbursement shall be paid out of the county treasury.
    4. In counties of every class, the board of county commissioners may provide for additional compensation to be paid to any coroner who performs a post-mortem examination of the body of a deceased person pursuant to section 30-10-606 (2), which compensation shall be paid out of the county treasury.
  2. In addition to the fees provided in subsection (1) of this section, the coroner shall receive the same fees for summoning jurors and witnesses, and swearing jurors and witnesses, as are now allowed by law for like service. For all services performed in place of the sheriff, the coroner shall receive the same fees as are allowed to the sheriff for like service.

Source: L. 1891: p. 214, § 9. R.S. 08: § 2577. L. 15: p. 238, § 1. C.L. § 7935. CSA: C. 66, § 85. CRS 53: § 56-2-17. C.R.S. 1963: § 56-2-17. L. 70: p. 195, § 2. L. 73: p. 627, § 2. L. 78: (1) amended, p. 444, § 7, effective March 3. L. 80: (1) amended, p. 656, § 6, effective July 1. L. 81: (1) amended, p. 1425, § 2, effective May 6. L. 89: (1) amended, p. 1275, § 1, effective April 18. L. 2002: (1) amended, p. 365, § 2, effective August 7. L. 2006: (1)(a) repealed, p. 450, § 5, effective August 7.

ARTICLE 3 COUNTY ELECTED OFFICIALS' SALARY COMMISSION

30-3-101 to 30-3-107. (Repealed)

Editor's note:

  1. This article 3 was added in 2005. For amendments to this article 3 prior to its repeal in 2016, consult the 2015 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
  2. Section 30-3-107 provided for the repeal of this article 3, effective July 1, 2016. (See L. 2015, p. 270 .)

LOCATION AND BOUNDARIES

ARTICLE 5 COUNTY BOUNDARIES

Section

30-5-101. Legislative declaration - county boundaries.

  1. The general assembly recognizes that in the establishment of the state of Colorado the counties of the territory of Colorado were adopted as the counties of the new state and that there have been additional counties established by law and in accordance with then current methods of surveying and describing county boundaries. The general assembly finds and declares that it is desirable to revise the descriptions of county boundaries to update and establish by law more precise definitions of the boundaries of the several counties of this state as they are known to exist with the use of modern methods and equipment. It is not the intent of the general assembly to effect the transfer of land from one county to another or to adversely affect the title of any property merely because of the redefinition of county boundaries.
  2. The following shall be the boundaries of the respective counties of this state.

Source: R.S. p. 157, § 1. G.L. § 350. G.S. § 424. R.S. 08: § 1082. C.L. § 8559. CSA: C. 44, § 1. CRS 53: § 34-1-1. C.R.S. 1963: § 34-1-1. L. 81: p. 1427, § 1.

ANNOTATION

Construction in pari materia inapplicable. The sections defining the county boundaries are not to be construed like different acts passed on the same subject to which the rule of construction in pari materia would be applicable. Link v. Jones, 15 Colo. App. 281, 62 P. 339 (1900).

A county line is not determined by the actions of omission or commission of public officers, but by legislative enactment. Bd. of Comm'rs v. Bd. of Comm'rs, 58 Colo. 67, 143 P. 841 (1914).

Adjustment of property rights. In the absence of a constitutional limitation, it is competent for the general assembly, at the time it carves out a new county from the territory of an old one, or by subsequent legislation, to adjust the property rights and equities existing between the two. City Council v. Bd. of Comm'rs, 33 Colo. 1, 77 P. 858 (1904).

30-5-102. Adams.

Except for those portions that became part of the city and county of Broomfield on November 15, 2001, in accordance with sections 10 to 13 of article XX of the state constitution, all that portion of Arapahoe county, beginning at the northwest corner of Arapahoe county as now constituted, thence east along the north boundary line of said Arapahoe county to the northeast corner of said Arapahoe county, thence south along the east boundary line of said county to the southeast corner of said county, thence west along the south boundary line of said county to the east boundary line of range fifty-seven west, thence north along the said east boundary line to the intersection of the east boundary line of range fifty-seven and the south boundary line of township three in said range, thence west along the south boundary line of township three to the point of intersection of south boundary line of township three in range fifty-seven west, and the east boundary line of the city of Denver as the same is constituted at the time this section takes effect, thence northerly and westerly, following the easterly and northern boundary lines of said city of Denver as then constituted, to the point of intersection of said boundary lines with the west boundary line of Arapahoe county, thence north to the place of beginning, shall be set apart and is hereby established as a county to be called the county of Adams, which said county shall have the legal capacities and functions of other counties of this state.

Source: L. 01: p. 133, § 1. R.S. 08: § 1083. C.L. § 8560. CSA: C. 44, § 2. CRS 53: § 34-1-2. C.R.S. 1963: § 34-1-2. L. 2004: Entire section amended, p. 639, § 1, effective April 23.

ANNOTATION

For the right of Adams county to receive land from the city and county of Denver, see City Council v. Bd. of Comm'rs, 33 Colo. 1, 77 P. 858 (1904).

30-5-103. Alamosa.

Beginning at the southwest corner of section eighteen, township thirty-six north, range nine east; thence north on the west line of range nine east to its intersection with the tenth standard parallel north; thence east on said parallel to its intersection with the crest of the mountain range that divides the waters of the streams flowing westerly into the San Luis Valley from the waters flowing easterly in the drainage of the Huerfano River; thence southerly along said crest to Blanca Peak; thence southwesterly along the crest of the mountain range that divides the waters of the streams flowing westerly into the San Luis Valley from the waters of the drainage of Blanca Creek to the peak on said crest lying two-tenths of a mile, more or less, southerly of Little Bear Peak, said peak being on the boundary of the Sangre de Cristo Grant; thence along a straight line, on the boundary of said Grant, running south forty-three degrees twenty minutes west, to its intersection with the southern boundary of the northern half of township thirty-six north; and thence west on said southern boundary to the point of beginning. Said public land survey lines are based upon the New Mexico principal meridian.

Source: L. 13: p. 19, § 1. C.L. § 8561. CSA: C. 44, § 3. CRS 53: § 34-1-3. C.R.S. 1963: § 34-1-3. L. 81: Entire section R&RE, p. 1427, § 2, effective July 1.

30-5-104. Arapahoe.

All that part of Arapahoe county as is included within the following described boundaries shall be set apart and is hereby established as a county, to be called the county of Arapahoe, the boundaries are as follows, to wit:

Beginning at the southwest corner of Arapahoe county; thence east to the intersection of the east boundary line of range fifty-seven west, with the south boundary line of Arapahoe county; thence north to the intersection of the east boundary line of range fifty-seven and south boundary line of township three in said range; thence west to the point of intersection of south boundary line of township three in range sixty-seven west and the east boundary line of the city of Denver as now constituted; thence following the eastern, southern and western boundary lines of the city of Denver as the same are constituted at the time this section goes into effect to a point where said boundary line of the city of Denver intersects the west boundary line of the county of Arapahoe; thence south to the southwest corner of Arapahoe, or place of beginning.

Source: L. 01: p. 138, § 1. L. 03: p. 164, § 1. R.S. 08: § 1084. C.L. § 8562. CSA: C. 44, § 4. CRS 53: § 34-1-4. C.R.S. 1963: § 34-1-4.

ANNOTATION

For the division of the former county of Arapahoe into the city and county of Denver, the county of Adams and the county of South Arapahoe, see City Council v. Bd. of Comm'rs, 33 Colo. 1, 77 P. 858 (1904).

And as to the right of South Arapahoe county to receive from the city and county of Denver a just proportion of the value of the property of old Arapahoe county, see City Council v. Bd. of Comm'rs, 33 Colo. 1, 77 P. 858 (1904).

30-5-105. Archuleta.

All that part of the county of Conejos included within the following described boundaries shall be set apart and is hereby established as a county, to be called the county of Archuleta, the boundaries of which are as follows:

Beginning on the southern boundary line of the state of Colorado at the intersection of said state line and the eastern boundary line of Tierra Amarilla Grant, which is thirty-seven and eleven one-hundredths chains west on said state line from the range line between ranges four and five east of the New Mexico principal meridian, and thence in a northwesterly direction following said east boundary line of the said Tierra Amarilla Grant to the north corner of said Tierra Amarilla Grant, and thence in the same direction until said line intersects with the range line between ranges two and three east of the New Mexico principal meridian, and thence north following said range line to the north boundary line of the county of Conejos, thence west along the southern boundary of the county of Mineral and the county of Hinsdale to the southwest corner of the said county of Hinsdale, thence south to the state line and thence east along the said southern boundary line of the state of Colorado to the place of beginning.

Source: L. 1885: p. 40, § 1. L. 05: p. 153, § 1. R.S. 08: § 1085. C.L. § 8563. CSA: C. 44, § 5. CRS 53: § 34-1-5. C.R.S. 1963: § 34-1-5.

30-5-106. Baca.

Beginning at the intersection of the west line of range fifty west with the north line of township twenty-eight south; thence south along said range line to the southwest corner of township thirty south, range fifty west; thence west on the north line of township thirty-one south, range fifty west, to the northwest corner of said township and range; thence south on the west line of range fifty west to its intersection with the south boundary line of Colorado; thence east on said south boundary line to the southeast corner boundary of Colorado; thence north along the east boundary line of Colorado to its intersection with the north line of township twenty-eight south, range forty-one west; and thence west on the north line of township twenty-eight south to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: L. 1889: p. 26, § 1. R.S. 08: § 1086. C.L. § 8564. CSA: C. 44, § 6. CRS 53: § 34-1-6. C.R.S. 1963: § 34-1-6. L. 81: Entire section R&RE, p. 1428, § 3, effective July 1.

30-5-107. Bent.

The boundary lines of the county of Bent are as follows:

Commencing upon the eastern boundary line of Colorado territory at its intersection with township line between townships thirteen and fourteen south; thence west on said township line to the range line between ranges fifty-nine and sixty west; thence south on said range line to the township line between townships twenty-seven and twenty-eight south; thence east on said township line to the eastern boundary line of Colorado territory; thence north on said eastern boundary line to the place of beginning.

Source: L. 1874: p. 61, § 1. G.L. § 376. G.S. § 450. R.S. 08: § 1087. C.L. § 8565. CSA: C. 44, § 7. CRS 53: § 34-1-7. C.R.S. 1963: § 34-1-7.

30-5-108. Greenwood abolished.

The county of Greenwood is hereby abolished, and that portion of it not included in the county of Elbert shall be for all purposes a part of the county of Bent.

Source: L. 1874: p. 62, § 2. G.L. omitted. G.S. § 451. R.S. 08: § 1088. C.L. § 8566. CSA: C. 44, § 8. CRS 53: § 34-1-8. C.R.S. 1963: § 34-1-8.

30-5-109. Boulder.

Boulder county: Except for those portions that became part of the city and county of Broomfield on November 15, 2001, in accordance with sections 10 to 13 of article XX of the state constitution, commencing at a point where the township line between townships one and two south intersects the range line between ranges sixty-eight and sixty-nine; thence west on said township line to the east line of Gilpin county; thence along said line to the South Boulder creek; thence west along the northern boundary line of Gilpin county to the summit of the snowy range; thence along the summit of first range to a point at or near the summit of Long's Peak; thence east on said township line to the range line between ranges sixty-eight and sixty-nine; thence south to the place of beginning.

Source: L. 1861: p. 55, § 22. R.S. p. 160, § 25. G.L. § 363. G.S. § 438. R.S. 08: § 1089. C.L. § 8567. CSA: C. 44, § 9. CRS 53: § 34-1-9. C.R.S. 1963: § 34-1-9. L. 2004: Entire section amended, p. 639, § 2, effective April 23.

ANNOTATION

Meaning of "on summit of the snowy range". In this section and in the sections fixing the boundaries of Boulder, Clear Creek and Gilpin, the western boundaries are fixed "on the summit of the snowy range", and here the continental divide is meant, without dispute. Bd. of County Comm'rs v. Bd. of County Comm'rs, 9 Colo. 268, 11 P. 193 (1886).

30-5-109.5. Broomfield, city and county of.

As of November 15, 2001, the corporate limits of the city and county of Broomfield shall be as follows: Two parcels of land in all or portions of sections one, two, three, four, five, six, seven, eight, and eleven, all in township two south, range sixty-nine west and a portion of section one, township two south, range seventy west; all or portions of sections twelve, thirteen, fourteen, fifteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty-two, thirty-three, thirty-four, thirty-five, and thirty-six all in township one south, range sixty-nine west; all or portions of sections two, three, four, five, six, seven, eight, nine, ten, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-nine, thirty, thirty-one, thirty-two, and thirty-three all in township one south, range sixty-eight west; and all or portions of sections twenty-three, twenty-six, twenty-seven, thirty-one, thirty-two, thirty-three, thirty-four, and thirty-five all in township one north, range sixty-eight west, all of the sixth principal meridian, Broomfield county, Colorado, except for those parcels otherwise remaining in the counties of Adams, Boulder, Jefferson, and Weld on and after November 15, 2001, pursuant to sections 10 to 13 of article XX of the state constitution.

Source: L. 2004: Entire section added, p. 640, § 3, effective April 23.

30-5-110. Chaffee.

Chaffee county: Commencing at a point on the summit of the snowy range, at the northwest corner of the county of Park, and running due west to the western boundary of the state; thence south, on said boundary, to the summit of the Sierra La Plata, or the northwest corner of Conejos county; thence easterly along the northern boundary of Conejos county to the one hundred and seventh degree of longitude; thence north, following said degree, to the northwest corner of Saguache county; thence east, along the north boundary of Saguache county, to the top of the range at the Poncho pass; thence northeasterly along the summit of the range, crossing the Arkansas river, at a point three miles below the mouth of the South Arkansas river; thence easterly to the summit of the range which divides the waters of the Platte and Arkansas rivers, along the summit of the range and western boundaries of the counties of Fremont and Park, in a northwesterly direction to the point of beginning.

Source: L. 1872: p. 82, § 2. G.L. § 368. G.S. § 443. R.S. 08: § 1090. C.L. § 8568. CSA: C. 44, § 10. CRS 53: § 34-1-10. C.R.S. 1963: § 34-1-10.

ANNOTATION

In this section the term "snowy range" is applied, without further description, to the continental divide. Bd. of County Comm'rs v. Bd. of County Comm'rs, 9 Colo. 268, 11 P. 193 (1886). Bd. of County Comm'rs v. Bd. of County Comm'rs, 70 Colo. 417, 203 P. 269 (1921).

For a case fixing the point of beginning in the description of Lake (now Chaffee) county, see Bd. of County Comm'rs v. Bd. of County Comm'rs, 70 Colo. 417, 203 P. 269 (1921).

30-5-111. Cheyenne.

So much of the counties of Bent and Elbert as is included within the following described boundaries, shall be set apart and is hereby established as a county, with the legal capacity and functions of other counties of this state, to be called the county of Cheyenne:

Beginning at a point on the eastern boundary line of the state of Colorado, where the same is intersected by the line between townships numbered eleven and twelve south; thence west on said township line to the west side of range fifty-one, west of the sixth principal meridian; thence south on said range line to the township line between townships numbered sixteen and seventeen south; thence east on said township line to the eastern boundary line of the state of Colorado; thence north on said state line to the place of beginning.

Source: L. 1889: p. 56, § 1. R.S. 08: § 1091. C.L. § 8569. CSA: C. 44, § 11. CRS 53: § 34-1-11. C.R.S. 1963: § 34-1-11.

30-5-112. Clear Creek.

Clear Creek county: Commencing at the junction of North and South Clear creeks, and running thence up the dividing ridge between said streams, to the summit of the snowy range; thence along said summit to the point where the first correction line south, if continued, would intersect said summit; thence east on said correction line to the western boundary of the county of Jefferson; thence north to the place of beginning.

Source: R.S. p. 161, § 29. G.L. § 365. G.S. § 440. R.S. 08: § 1092. C.L. § 8570. CSA: C. 44, § 12. CRS 53: § 34-1-12. C.R.S. 1963: § 34-1-12.

30-5-113. Conejos.

Conejos county: Commencing on the southern boundary of the state, in the center of the Rio Grande del Norte; thence up the center of said stream to where it leaves the canyon of the snowy range at the corner of Saguache county; thence in a northwesterly direction along the western boundary of said Saguache county to the Cochetopa pass; thence in a southwesterly direction on the summit of the Uncompahgre mountains and the Sierra La Plata, forming the southern boundary of Lake county, to the western line of the state; thence along the western boundary of the state to its southwest corner; thence along the southern boundary of the state to the place of beginning.

Source: R.S. p. 158, § 6. G.L. § 353. G.S. § 428. R.S. 08: § 1093. C.L. § 8571. CSA: C. 44, § 13. CRS 53: § 34-1-13. C.R.S. 1963: § 34-1-13.

30-5-114. Costilla.

Costilla county: Commencing at a point on the southeastern boundary of the state, where the range line between ranges sixty-nine and seventy intersects said boundary; thence north along said range line to the point where the same intersects the Sangre de Cristo pass or road; thence in a southwesterly direction on said road to the summit of the Sangre de Cristo range; thence in a northerly and westerly direction along the summit of said range to the head of the main branch of the Mosco creek; thence in a southwesterly direction down the center of said Mosco creek to where said creek enters into the San Luis valley; thence in a westerly direction to the most easterly point of La Loma del Norte; thence down the center of the Rio Grande del Norte to the southern boundary of the state; thence east along said boundary to the place of beginning.

Source: R.S. p. 157, § 2. G.L. § 351. G.S. § 425. R.S. 08: § 1094. C.L. § 8572. CSA: C. 44, § 14. CRS 53: § 34-1-14. C.R.S. 1963: § 34-1-14.

30-5-115. Crowley.

So much of the county of Otero as is included in the following described boundaries shall be set apart and is hereby established, with the legal capacities and functions of other counties in this state, as a county, to be called the county of Crowley:

Beginning at the northwest corner of Otero county; running thence east along the north boundary line of said Otero county to the range line between ranges fifty-four and fifty-five, west of the sixth principal meridian, which range line is the west boundary line of Kiowa county; thence south along said range and county line to the fourth correction line south to a point at the southwest corner of said Kiowa county; thence west along said correction line to the range line between ranges fifty-four and fifty-five west, in township twenty-one south; thence south on said range line to the south line of said township twenty-one south, to a point at the southeast corner of section thirty-six, in said township twenty-one, range fifty-five west; thence west along the south line of said township to the range line between ranges fifty-five and fifty-six west; thence south along said range line, four miles, more or less, to the southwest corner of section twenty-four, township twenty-two, south, range fifty-six west; thence west along the south line of sections twenty-four, twenty-three, twenty-two, twenty-one, twenty and nineteen, in range fifty-six west; thence continuing west on the south line of sections twenty-four, twenty-three, twenty-two and twenty-one in said township twenty-two south, range fifty-seven west, to where said section line intersects the center of the Arkansas river; thence north and northwesterly with the center and meanderings of said river to the west boundary line of said Otero county; thence north along said boundary line to the fourth correction line south; thence east along said correction line to the range line between ranges fifty-nine and sixty, which range line is the west boundary line of said Otero county; thence north along said range line to the place of beginning.

Source: L. 11: p. 277, § 1. C.L. § 8573. CSA: C. 44, § 15. CRS 53: § 34-1-115. C.R.S. 1963: § 34-1-15.

ANNOTATION

The boundary between two counties, established by legislative act, could not be changed by an artificial changing of the course of the Arkansas river. Thomson v. Clarks, Inc., 162 Colo. 506 , 427 P.2d 314 (1967).

When the Arkansas river channel was altered in 1935-36 it was not a slow and gradual change but a sudden change caused by mechanical or artificial means so as to constitute an avulsion rather than an accretion, and when such a sudden change occurs, there is no alteration in the boundary line; it remains at the location of the river immediately prior to the change. Thomson v. Clarks, Inc., 162 Colo. 506 , 427 P.2d 314 (1967).

30-5-116. Custer.

All that section of country now forming a portion of Fremont county, and further described in this section, is hereby created, set apart, and established as the county of Custer, and shall possess all such legal functions and capacities as other counties in this state. The new county of Custer shall be bounded as follows:

Commencing at a point on the summit of the Sangre de Cristo range of mountains where the fourth correction line south, if extended, would cross said range of mountains; thence running east along said fourth correction line to the line between ranges sixty-eight and sixty-nine west of the sixth principal meridian; thence south along said line to the north line of Huerfano county; thence westerly along said north line of Huerfano county to the summit of the Sangre de Cristo range of mountains; thence northerly and northwesterly, along the summit of the Sangre de Cristo range of mountains, to the place of beginning.

Source: G.L. §§ 401, 402. G.S. §§ 465, 466. R.S. 08: §§ 1095, 1096. C.L. §§ 8574, 8575. CSA: C. 44, §§ 16, 17. CRS 53: § 34-1-16. C.R.S. 1963: § 34-1-16.

30-5-117. Delta.

So much of the county of Gunnison as is included within the following described boundaries shall be set apart and is hereby established as a county, with the legal capacity and functions of other counties of this state, to be called the county of Delta:

Beginning at a point two miles south of the third correction line extended west to a point of intersection with the 107 degrees, 30 minutes west longitude; thence due north along said degree of longitude to the divide between the headwaters of the Colorado and North Fork of the Gunnison rivers; thence along said divide in a southwesterly direction to a point on the extreme southwestern extremity of the Grand Mesa; thence in a southwesterly direction to the mouth of the Rio Dominguez; thence due south to a point two miles south of an extension of the third correction line; thence due east parallel with said extension of the third correction line to place of beginning.

Source: L. 1883: p. 124, § 1. G.S. § 472. R.S. 08: § 1097. C.L. § 8576. CSA: C. 44, § 18. CRS 53: § 34-1-17. C.R.S. 1963: § 34-1-17.

30-5-118. Denver, city and county of.

  1. After April 16, 1901, the corporate limits of the city of Denver shall be as follows:

    Beginning at the northwest corner of the southwest quarter of section eighteen, in township three south, range sixty-eight west; thence south on the range line between ranges sixty-eight and sixty-nine west, to the southwest corner of section seven, in township four south, range sixty-eight west; thence east on the south line of sections seven and eight, in township four south, range sixty-eight west, to southeast corner of section eight aforesaid; thence south on the west line of section sixteen, in said last mentioned township and range, to the southwest corner of said section sixteen; thence east on the south line of said section sixteen, to the northwest corner of the northeast quarter of section twenty-one, in said last mentioned township and range; thence south on the north and south center line of sections twenty-one and twenty-eight, in the same township and range, to the southwest corner of the southeast quarter of said section twenty-eight; thence east on the south line of sections twenty-eight, twenty-seven, twenty-six, and twenty-five, in the same township and range, to the southeast corner of section twenty-five; thence north on the east line of sections twenty-five, twenty-four and thirteen, in the same township and range, to the southwest corner of section seven, in township four south, range sixty-seven west; thence east on the south line of sections seven, eight and nine, in said last mentioned township, to the southeast corner of said section nine; thence north on the east line of sections nine and four, in said last mentioned township and of sections thirty-three, twenty-eight and twenty-one, in township three south, range sixty-seven west, to the northeast corner of said section twenty-one; thence west on the south line of sections sixteen, seventeen and eighteen, in said last mentioned township, to the southwest corner of section eighteen last aforesaid; thence north on the west line of said last mentioned section eighteen to the northeast corner of the south half of the northeast quarter of section thirteen, in township three south, range sixty-eight west; thence west on the east and west center line of the north half of section thirteen aforesaid, to the easterly line of the right-of-way of the Burlington and Colorado railroad company; thence southeasterly, with the easterly line of said right-of-way, to the north line of the southeast quarter of section fourteen, in township three south, range sixty-eight west; thence west on the east and west center line of section fourteen aforesaid, to a point which is one hundred and twenty-five feet east of the west line of said section fourteen; thence north three hundred feet; thence west one hundred and twenty-five feet to the west line of said section fourteen; thence south three hundred feet, to the northwest corner of the southwest quarter of said section fourteen; thence west on the east and west center line of sections fifteen, sixteen and seventeen, in said last mentioned township, to the center of said section seventeen; thence west on the east and west center line of said section seventeen, thirteen hundred and twenty feet; thence north three hundred and thirty feet; thence west thirteen hundred and twenty feet to the west line of said section seventeen; thence south three hundred and thirty feet to the northwest corner of the southwest quarter of said section seventeen; thence west on the east and west center line of section eighteen, to the place of beginning; the territory included within the last above described boundaries being situated in the county of Arapahoe, in the state of Colorado; excepting, however, all towns and cities incorporated and now existing or hereafter incorporated under the general laws of the state and situated within said last mentioned boundaries.

  2. Whenever any of said towns or cities, or any town or city existing under general laws of this state and contiguous to the city of Denver, shall, in pursuance of any law of the state, be dissolved or become annexed to the city of Denver, then the territory included within the same shall thereby become part of the city of Denver. If any such territory is so annexed more than six months prior to the next general election of the city of Denver, the city council of the city of Denver shall immediately by ordinance create a new ward or wards of the city, including said territory, and provide for and call a special election in each new ward so created, for the election of an alderman from such ward, in accordance with the provisions of this section and of the general election laws of this state; and the alderman so elected from each new ward shall, upon his election and qualification, be and become a member of the board of aldermen and of the city council of the city of Denver, until the next general election for officers of said city.

Source: L. 01: p. 162, § 2. R.S. 08: § 1098. C.L. § 8577. CSA: C. 44, § 19. CRS 53: § 34-1-18. C.R.S. 1963: § 34-1-18.

ANNOTATION

Statutory provision ( L. 1893, p. 131 ) attempting to add to city of Denver noncontiguous strip of land in Jefferson county held invalid. City of Denver v. Coulehan, 20 Colo. 471 , 39 P. 425 (1894) (decided prior to earliest source, L. 01, p. 162 , § 2).

The clause excepting, or withdrawing, from the territory included within the limits of the city of Denver all incorporated cities or towns within "said last mentioned boundaries", does not change or affect such exterior boundaries. They remain just as defined by metes and bounds in the first part of this section, because the office of the exception is to preserve intact these included municipal organizations, and to exclude the territory covered thereby from that which, were it not for the proviso, would be a part of the territory of the city of Denver. Town of Montclair v. Thomas, 31 Colo. 327, 73 P. 48 (1903).

The incorporated town of Montclair, situated within the exterior boundaries of the city of Denver and on the eastern border of said city, was disincorporated and merged into the city and county of Denver. Town of Montclair v. Thomas, 31 Colo. 327, 73 P. 48 (1903).

30-5-119. Dolores.

The county of Dolores is hereby created and established, with the legal capacities and functions of other counties of this state, and with boundaries as follows:

Commencing at the summit of the mountain known as the "Lizard's Head," near the headwaters of the Lake Fork of the San Miguel river, in the present county of Ouray; thence westward from the summit of said mountain along the summit of the range dividing the waters of the San Miguel and Dolores rivers to the summit of Lone Cone mountain; thence west to the western line of the state of Colorado; thence south along said western line to the north line of Montezuma county; thence east along said north line to the southwest corner of San Juan county; thence northeast along the summit of the range dividing the waters of the South Fork of Dolores river from the waters of Hermosa and Cascade creeks to the summit of the range at the head of the East Fork of the Dolores river; thence northeast along the summit of the range dividing the waters of said South Fork of Dolores river from the waters of the Lake Fork of the San Miguel river to the summit of said range south of the pass now crossed by the trail from the Fish lakes to Rico; thence from the summit of said range on a direct line to the summit of said "Lizard's Head" mountain, the place of beginning.

Source: L. 1881: p. 92, § 1. G.S. § 473. R.S. 08: § 1099. C.L. § 8578. CSA: C. 44, § 20. CRS 53: § 34-1-19. C.R.S. 1963: § 34-1-19.

30-5-120. Douglas.

Beginning at the intersection of the center of the South Platte River with the first standard parallel south; thence east on said parallel to its intersection with the eastern boundary of the western half of range sixty-five west; thence south on said eastern boundary to its intersection with the south line of township ten south; thence west on said township line to its intersection with the center of the South Platte River; and thence northeasterly along the center of said river to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: R.S. p. 159, § 17. G.L. § 359. G.S. § 434. R.S. 08: § 1100. C.L. § 8579. CSA: C. 44, § 21. CRS 53: § 34-1-20. C.R.S. 1963: § 34-1-20. L. 81: Entire section R&RE, p. 1428, § 4, effective July 1.

30-5-121. Eagle.

The county of Eagle is hereby created and established, with the legal capacities and functions of other counties of this state, and with boundaries as follows:

Commencing at a point on the northern boundary of Lake county where the divide between the Eagle river and Ten Mile branches from and leaves the National range; thence along the summit of the said divide and the dividing ridge between the Piney and the Blue rivers to the southern line of Grand county; thence due west to a point six miles west of the 107th degree of west longitude; thence due south to the northern boundary line of Pitkin county; thence east along said boundary line to the summit of the National range; thence in an easterly direction along said summit of the National range to the place of beginning.

Source: L. 1883: p. 127, § 1. G.S. § 474. R.S. 08: § 1101. C.L. § 8580. CSA: C. 44, § 22. CRS 53: § 34-1-21. C.R.S. 1963: § 34-1-21.

30-5-122. Elbert.

So much of the county of Douglas as is included in the following described boundaries shall be set apart and is hereby established with the same legal capacity and functions as other counties of this state, to be called Elbert county:

Beginning at a point where the center of range sixty-five west intersects the first correction line south; thence east on said correction line to the eastern boundary of the state; thence south on said eastern boundary line to the line between townships thirteen and fourteen south; thence west on said line to the line between ranges fifty-nine and sixty west; thence north on said last mentioned line to the second correction line south; thence west on said second correction line to the center of range sixty-five west; thence north through the center of range sixty-five to the place of beginning.

Source: L. 1874: pp. 60, 61, §§ 1, 2. G.L. §§ 380, 381. G.S. §§ 457, 458. R.S. 08: §§ 1102, 1103. C.L. §§ 8581, 8582. CSA: C. 44, §§ 23, 24. CRS 53: § 34-1-22. C.R.S. 1963: § 34-1-22.

30-5-123. El Paso.

Beginning at the intersection of the west line of range sixty-seven west with the south line of township seventeen south; thence north on said range line to the northwest corner of section six, township sixteen south, range sixty-seven west; thence east on the north line of said section six to the southwest corner of section thirty-one, township fifteen south, range sixty-seven west; thence north on the west line of range sixty-seven west to the northwest corner of section thirty-one, township fourteen south, range sixty-seven west; thence west on section lines to the southwest corner of section twenty-five, township fourteen south, range sixty-nine west; thence north on section lines to the northwest corner of section one, township fourteen south, range sixty-nine west; thence east on the north line of township fourteen south to the southwest corner of section thirty-two, township thirteen south, range sixty-eight west; thence north on section lines to the second standard parallel south; thence east on said parallel to its intersection with the east line of range sixty west; thence south on said range line to its intersection with the south line of township seventeen south; and thence west on said township line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: R.S. p. 159, § 15. G.L. § 358. G.S. § 433. R.S. 08: § 1104. C.L. § 8583. CSA: C. 44, § 25. CRS 53: § 34-1-23. C.R.S. 1963: § 34-1-23. L. 81: Entire section R&RE, p. 1428, § 5, effective July 1.

30-5-124. Fremont.

Beginning at the intersection of the fourth standard parallel south with the east line of range sixty-eight west; thence north on said range line to its intersection with the northern boundary of the southern half of township sixteen south; thence west on said northern boundary to the southeast corner of section seventeen, township sixteen south, range seventy west; thence north on section lines to the third standard parallel south; thence west on said parallel to its intersection with the crest of the divide on the east side of the drainage areas of the Arkansas River, being a point approximately one-half mile east of the southwest corner of section thirty-five, township fifteen south, range seventy-seven west; thence southerly along said crest, via Cameron Mountain, to a point on said crest divide lying north eighty-four degrees twenty-five minutes east, eighty-eight hundred and ninety-seven feet from a point on the Arkansas River three miles below the mouth of the South Arkansas River; thence westerly on a straight line to said point on the Arkansas River; thence on a straight line bearing south forty-five degrees ten minutes west, to the intersection of said line with the crest of the Sangre de Cristo Range; thence southeasterly along said crest to its intersection with the fourth standard parallel south; thence east on said parallel to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: R.S. p. 159, § 12. G.L. § 356. G.S. § 431. R.S. 08: § 1105. C.L. § 8584. CSA: C. 44, § 26. CRS 53: § 34-1-24. C.R.S. 1963: § 34-1-24. L. 81: Entire section R&RE, p. 1429, § 6.

30-5-125. Garfield.

The county of Garfield is established with the legal capacities and functions of other counties in this state, and with boundaries as follows:

Beginning at the southwest corner of the southeast part of Routt county, or the 107th degree of west longitude; thence running due west six miles; thence running due south to the northern line of Pitkin county; thence running due west on the southern line of Summit county to the Utah line; thence running north on the western line of Summit county to Routt county; thence running east on the north line of Summit county to the 107th degree of west longitude; thence south on the 107th degree of west longitude to the starting point.

Source: L. 1883: p. 130, § 1. G.S. § 475. R.S. 08: § 1106. C.L. § 8585. CSA: C. 44, § 27. CRS 53: § 34-1-25. C.R.S. 1963: § 34-1-25.

30-5-126. Gilpin.

Beginning at the confluence of the center of North Clear Creek with the center of Clear Creek; thence due north to the center of South Boulder Creek; thence up the center of South Boulder Creek to where it intersects the monumented survey line between Gilpin and Boulder counties; thence due west along said monumented survey line to the crest of the continental divide; thence southerly on the continental divide to its intersection with the dividing ridge between North Clear Creek and Clear Creek drainage basins; and thence southeasterly along said ridge to the place of beginning.

Source: R.S. p. 161, § 31. G.L. § 366. G.S. § 441. R.S. 08: § 1107. C.L. § 8586. CSA: C. 44, § 28. CRS 53: § 34-1-26. C.R.S. 1963: § 34-1-26. L. 81: Entire section R&RE, p. 1429, § 7, effective July 1.

30-5-127. Gilpin and Jefferson counties, boundary between.

That portion of the eastern boundary line of the county of Gilpin and that portion of the western boundary line of the county of Jefferson lying between the northwest corner of the county of Jefferson and the junction of the North and South Clear creeks, is fixed and established as follows:

Beginning at a certain point on the north line of township two south, range seventy-two west of the sixth principal meridian, which point is due north of the junction of the North and South Clear creeks; thence due south to the junction of the North and South Clear creeks; but Jefferson county shall not be liable for any taxes already collected on lands lying west of the boundary hereby established.

Source: L. 13: p. 284, § 1. C.L. § 8587. CSA: C. 44, § 29. CRS 53: § 34-1-27. C.R.S. 1963: § 35-1-27.

30-5-128. Grand.

So much of the county of Summit, in the state of Colorado, as is included within the following described boundaries, shall be set apart and is hereby created into a new county, to be called Grand county:

Beginning on the summit of the snowy range of the Rocky mountains, on the west boundary of Clear Creek county, at the point where the dividing range between the waters of Williams Fork and Blue river diverges from the main snowy range; running thence northwest along the summit of said dividing range between Williams Fork and Blue river to a point of intersection with the boundary line between townships one and two, south of the base line; thence west along said township line to the eastern boundary of the Ute Indian reservation; thence north along said boundary to the northeast corner of said reservation; thence west along the north boundary of said reservation to the west boundary of the state; thence north to the northwest corner of the same; thence east along the north boundary of the state to the northwest corner of Larimer county; thence south along the western boundaries of Larimer, Boulder and Gilpin counties, and west, northwest and southwest, along the north and west boundaries of Clear Creek county, to the place of beginning.

Source: L. 1874: p. 70, §§ 1, 2. G.L. §§ 382, 383. G.S. §§ 459, 460. R.S. 08: §§ 1108, 1109. C.L. §§ 8588, 8589. CSA: C. 44, §§ 30, 31. CRS 53: § 34-1-128. C.R.S. 1963: § 34-1-28.

30-5-129. Gunnison.

The county of Gunnison is hereby created and established, with the legal capacity and functions of other counties of this state, and with boundaries as follows:

Commencing at a point on the south line of Lake county where the said line crosses the summit of the range of mountains forming the watershed between the waters of the Arkansas river and the streams draining westward into the Colorado river, known as the Saguache range; thence northward, along the summit of such range, to the north line of said Lake county; thence due west to the western line of the state; thence south along the west line of the state to the point where the north line of the county of Ouray intersects the same; thence east along the north line of Ouray county and the north line of Hinsdale county, to the west line of Saguache county; thence north along said west line to the northwest corner of Saguache county; thence east along the north line of Saguache county to the place of beginning.

Source: G.L. § 411. G.S. § 467. R.S. 08: § 1110. C.L. § 8590. CSA: C. 44, § 32. CRS 53: § 34-1-129. C.R.S. 1963: § 34-1-29.

30-5-130. Hinsdale.

The county of Hinsdale shall be bounded as follows:

Commencing at the point of intersection of the ninth correction line north with the New Mexico principal meridian, and running thence north along said principal meridian to the southern boundary of Saguache county; thence westerly along the southern boundary of Saguache county to the one hundred and seventh meridian of longitude west from Greenwich; thence north along said meridian to a point ten miles north of the thirty-eighth parallel of north latitude; thence west to a point due north of a point six miles west of the mouth of Lost Trail creek, on the Rio Grande river; thence south to the point of intersection with the ninth correction line north; thence east along said correction line to the place of beginning.

Source: L. 1874: p. 66, § 2. G.L. § 378. G.S. § 454. R.S. 08: § 1111. C.L. § 8591. CSA: C. 44, § 33. CRS 53: § 34-1-30. C.R.S. 1963: § 34-1-30.

30-5-131. Huerfano.

Beginning at the summit of Greenhorn Mountain; thence following the crest of the main range of mountains around the headwaters of the Huerfano and Cucharas rivers to the summit of the easterly of the two Spanish peaks; thence northeasterly along the dividing ridge between the waters of the Santa Clara and Apishapa rivers to the intersection of said ridge with a straight line from Corral de Toros on the Huerfano River to the Iron Springs; thence northwesterly along said line to the Corral de Toros; and thence on a straight line westerly to the place of beginning.

Source: R.S. p. 164, § 47. G.L. § 374. G.S. § 446. R.S. 08: § 1112. C.L. § 8592. CSA: C. 44, § 34. CRS 53: § 34-1-31. C.R.S. 1963: § 34-1-31. L. 81: Entire section R&RE, p. 1429, § 8, effective July 1.

30-5-132. Jackson.

Beginning at the intersection of the north boundary line of Colorado with the continental divide; thence along said divide to the point where it intersects the Medicine Bow Mountains; thence northerly along the crest of the Medicine Bow Mountains to the north boundary line of Colorado; and thence west along said Colorado boundary line to the place of beginning.

Source: L. 09: p. 432, § 1. C.L. § 8593. CSA: C. 44, § 35. CRS 53: § 34-1-32. C.R.S. 1963: § 34-1-32. L. 81: Entire section R&RE, p. 1430, § 9, effective July 1.

30-5-133. Jefferson.

Jefferson county is hereby bounded as follows:

Except for those portions that became part of the city and county of Broomfield on November 15, 2001, in accordance with sections 10 to 13 of article XX of the state constitution, commencing at a point where the township line between townships one and two south intersects the range line between ranges sixty-eight and sixty-nine; thence due west twenty miles; thence due south to the junction of North and South Clear creeks; thence south to the Platte river; thence down the center of said Platte river to the point where said river intersects the first correction line; thence west to the range line between ranges sixty-eight and sixty-nine; thence north to the place of beginning.

Source: G.L. § 364. G.S. § 439. L. 1889: p. 100, § 1. R.S. 08: § 1113. C.L. § 8594. CSA: C. 44, § 36. CRS 53: § 34-1-33. C.R.S. 1963: § 34-1-33. L. 2004: Entire section amended, p. 640, § 4, effective April 23.

Editor's note: Pursuant to §§ 30-6-105 to 30-6-109, inclusive, there is recorded in the office of the clerk and recorder of Park County in book 70, page 560, and in the office of the clerk and recorder of Jefferson County in book 140, page 400 (indexed in book 2 - Miscellaneous Papers - in the office of the secretary of state), a proclamation showing attachment to Park County and detachment from Jefferson County of territory described as follows:

"Beginning at the intersection of the boundary line between Park and Jefferson Counties with the center line of the South Platte River, about two miles above Lake George, thence down the said Platte River along its center line to intersection of said center line with the Second Correction Line South, thence westerly along said Correction Line to its intersection with the boundary line between Park and Jefferson Counties, thence along said boundary line to point of beginning."

ANNOTATION

This section and § 30-5-153 are to be construed like patents or grants or segregations of a different date where the older in time necessarily concludes, and this principle requires first the determination of Jefferson county's boundaries and the inclusion therein of all territory which its lines would embrace, and the exclusion therefrom of all territory which would otherwise be embraced within the lines of Park county. Link v. Jones, 15 Colo. App. 281, 62 P. 339 (1900).

Wherever a line is run southerly or south, or due south, the result is precisely the same and the line thus stated in a description is to be taken as run due south unless there is some other thing in the description which compels or permits another course in order to work out the description which the grantor has put in a deed or whereby a general assembly has fixed the boundaries of a county. Link v. Jones, 15 Colo. App. 281, 62 P. 339 (1900).

Therefore, the description in the location of Jefferson county "thence south to the Platte river" starts and runs a line from the junction of North and South Clear creeks due south to the Platte river. Link v. Jones, 15 Colo. App. 281, 62 P. 339 (1900).

When the general assembly stated the western boundary of Jefferson county and ran the line south from the junction of North and South Clear creeks it ran a line due south making allowance for the magnetic variation, and it must strike the Platte river at the point where that line thus projected would strike the stream. Link v. Jones, 15 Colo. App. 281, 62 P. 339 (1900).

30-5-134. Kiowa.

Beginning at the point of intersection of the east boundary line of Colorado with the south line of township twenty south; thence west on said township line to its intersection with the west line of range fifty-four west; thence north on said range line to the northwest corner of township twenty south, range fifty-four west; thence west on the south line of township nineteen south, range fifty-four west, to the southwest corner of said township and range; thence north on the west line of range fifty-four west to its intersection with the south line of township seventeen south; thence east on said township line to its intersection with the west line of range fifty-one west; thence north on said range line to its intersection with the south line of township sixteen south; thence east on said township line to the east boundary line of Colorado; and thence south on the Colorado boundary line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: L. 1889: p. 222, § 1. R.S. 08: § 1114. C.L. § 8595. CSA: C. 44, § 37. CRS 53: § 34-1-34. C.R.S. 1963: § 34-1-34. L. 81: Entire section R&RE, p. 1430, § 10, effective July 1.

30-5-135. Kit Carson.

The county of Kit Carson is hereby established, with the legal capacity and functions of other counties in this state, and the boundaries are as follows:

Beginning at the northeast corner of Elbert county and running west along the north line of said Elbert county to the west line of range fifty-one, west of the sixth principal meridian; thence south on said west line of range fifty-one to the township line between townships eleven and twelve south; thence east along said township line to where it intersects the state line of Kansas; thence north on the east boundary line of Elbert county to the place of beginning.

Source: L. 1889: p. 225, § 1. R.S. 08: § 1115. C.L. § 8596. CSA: C. 44, § 38. CRS 53: § 34-1-35. C.R.S. 1963: § 34-1-35.

30-5-136. Lake.

Beginning at the point on the continental divide from which the Tenmile Range departs northerly; thence on a due west line to its second intersection with the continental divide; thence westerly and then southerly along the continental divide to its intersection with the section line lying one mile north of the south line of township eleven south; thence east on section lines to an intersection with the range, known as the Mosquito Range, dividing the waters of the Arkansas and South Platte rivers; thence northerly along the crest of said range to its intersection with the continental divide; and thence northeasterly along said divide to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: L. 1879: p. 45, § 1. G.S. § 468. R.S. 08: § 1116. C.L. § 8597. CSA: C. 44, § 39. CRS 53: § 34-1-36. C.R.S. 1963: § 34-1-36. L. 81: Entire section R&RE, p. 1430, § 11, effective July 1.

30-5-137. Lake and Chaffee - names changed.

The name of the county of Lake is hereby changed to Chaffee, and the name of Carbonate county is changed to Lake county.

Source: L. 1879: p. 48, § 1. G.S. § 469. R.S. 08: § 1117. C.L. § 8598. CSA: C. 44, § 40. CRS 53: § 34-1-37. C.R.S. 1963: § 34-1-37.

30-5-138. La Plata.

The county of La Plata shall be bounded as follows:

Commencing at a point six miles west of the mouth of Lost Trail creek, and running thence north to a point ten miles north of the thirty-eighth parallel of north latitude; thence west to the western boundary of the state; thence south along said western boundary to the southwest corner of the state; thence east along the southern boundary of the state to a point due south of the place of beginning; thence north to the place of beginning.

Source: L. 1874: p. 67, § 3. G.L. § 379. G.S. § 455. R.S. 08: § 1118. C.L. § 8599. CSA: C. 44, § 41. CRS 53: § 34-1-38. C.R.S. 1963: § 34-1-38.

30-5-139. Larimer.

Beginning at the intersection of the first standard parallel north with the east line of range sixty-eight west; thence west on said parallel to its intersection with the east line of range sixty-nine west; thence south on said range line to its intersection with the south line of township four north; thence west on said township line to its intersection with the continental divide; thence northwesterly on the continental divide to the point where it intersects the Medicine Bow Mountains; thence northwesterly along the crest of the Medicine Bow Mountains to its intersection with the north boundary line of Colorado; thence east on said north boundary line to its intersection with the east line of range sixty-eight west; and thence south to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: R.S. p. 160, § 23. G.L. § 362. G.S. § 437. R.S. 08: § 1119. C.L. § 8600. CSA: C. 44, § 42. CRS 53: § 34-1-39. C.R.S. 1963: § 34-1-39. L. 81: Entire section R&RE, p. 1430, § 12, effective July 1.

30-5-140. Las Animas.

The boundaries of the county of Las Animas are as follows:

Commencing at the southeast corner of the county of Pueblo; thence running due west to the Iron Springs; thence westerly along the southern line of Pueblo county, to the dividing ridge between the waters of the Apishapa and Santa Clara rivers; thence southward up the said dividing ridge to the summit of the easterly of the two Spanish peaks; thence westerly along the summit of the mountains to the eastern boundary of the county of Costilla; thence south along said eastern boundary of Costilla county to the southern line of the state; thence east to the southeast corner of the state; thence north to the place of beginning.

Source: R.S. p. 164, § 48. G.L. § 375. G.S. § 447. R.S. 08: § 1120. C.L. § 8601. CSA: C. 44, § 43. CRS 53: § 34-1-40. C.R.S. 1963: § 34-1-40.

30-5-141. Lincoln.

Beginning at the intersection of the first standard parallel south with the west line of range fifty-six west; thence south on said range line to its intersection with the second standard parallel south; thence west on said parallel to the northwest corner of section six, township eleven south, range fifty-six west; thence south on the west line of range fifty-six west to its intersection with the south line of township thirteen south; thence west on said township line to its intersection with the west line of range fifty-nine west; thence south on said range line to its intersection with the south line of township seventeen south; thence east on said township line to its intersection with the west line of range fifty-five west; thence south on said range line to the southwest corner of township seventeen south, range fifty-five west; thence east on the south line of said township and range to the southeast corner thereof; thence north on the east line of range fifty-five west to the southwest corner of township seventeen south, range fifty-four west; thence east on the south line of township seventeen south to the southeast corner of township seventeen south, range fifty-two west; thence north on the east line of range fifty-two west to its intersection with the third standard parallel south; thence east on said parallel to the southeast corner of township fifteen south, range fifty-two west; thence north on the east line of range fifty-two west to its intersection with the second standard parallel south; thence east on said parallel to the southeast corner of township ten south, range fifty-two west; thence north on the east line of range fifty-two west to its intersection with the first standard parallel south; and thence west on said parallel to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: L. 1889: p. 234, § 1. R.S. 08: § 1121. C.L. § 8602. CSA: C. 44, § 44. CRS 53: § 34-1-41. C.R.S. 1963: § 34-1-41. L. 81: Entire section R&RE, p. 1431, § 13, effective July 1.

30-5-142. Logan.

Beginning at the intersection of the east line of range forty-eight west with the north boundary line of Colorado; thence west on said north boundary line to its intersection with the west line of range fifty-five west; thence south on said range line to the southwest corner of township nine north, range fifty-five west; thence west on the north line of township eight north, range fifty-five west, to the northwest corner of said township and range; thence south on the west line of range fifty-five west to its intersection with the south line of township seven north; thence east on said township line to its intersection with the west line of range fifty-four west; thence south on said range line to its intersection with the south line of township six north; thence east on said township line to its intersection with the east line of range forty-eight west; thence north on said range line to the northeast corner of township eight north, range forty-eight west; thence east on the south line of township nine north, range forty-eight west, to the southwest corner of said township and range; and thence north on the east line of range forty-eight west to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: L. 1887: p. 247, § 1. R.S. 08: § 1122. C.L. § 8603. CSA: C. 44, § 45. CRS 53: § 34-1-42. C.R.S. 1963: § 34-1-42. L. 81: Entire section R&RE, p. 1431, § 14, effective July 1.

30-5-143. Mesa.

So much of the county of Gunnison as is included within the following described boundaries shall be set apart and is hereby established as a county, with the legal capacity and functions of other counties of this state, to be called the county of Mesa:

Beginning at the northwest corner of Pitkin county, and running thence south along and with the western line of Pitkin county to the divide between the waters of the Grand river, now the Colorado river, and the north fork of the Gunnison river; thence southwesterly along and with said divide to the southwestern extremity of the Grand Mesa; thence southwesterly to the mouth of the Rio Dominguez; thence due south to the parallel of thirty-eight degrees and thirty minutes of north latitude; thence west to the western boundary line of the state of Colorado; thence north along said boundary line to the northern boundary line of Gunnison county; and thence east along said northern boundary line of Gunnison county to the place of beginning.

Source: L. 1883: p. 133, § 1. G.S. § 476. R.S. 08: § 1123. C.L. § 8604. CSA: C. 44, § 46. CRS 53: § 34-1-43. C.R.S. 1963: § 34-1-43. L. 2011: Entire section amended, (HB 11-1303), ch. 264, p. 1172, § 84, effective August 10.

30-5-144. Mineral.

Beginning at the intersection of the east line of range two east with the south line of township thirty-seven north; thence north on said range line to its intersection with the south line of township forty north, range two east; thence east on said township line to the southeast corner of said township and range; thence north on the east line of range two east to its intersection with the crest of the La Garita Mountains; thence northwesterly along the said crest to its intersection with the continental divide; thence westerly along the continental divide to its intersection with the west line of range two west; thence south on said range line to its intersection with the south line of township forty north, range two west; thence east on said township line to the northwest corner of township thirty-nine north, range two west; thence south on the west line of range two west to its intersection with the south line of township thirty-seven north; and thence east on said township line to the place of beginning. Said public land survey lines are based upon the New Mexico principal meridian.

Source: L. 1893: p. 94, § 1. L. 1895: p. 205, § 1. R.S. 08: § 1124. C.L. § 8605. CSA: C. 44, § 47. CRS 53: § 34-1-44. C.R.S. 1963: § 34-1-44. L. 81: Entire section R&RE, p. 1432, § 15, effective July 1.

30-5-145. Moffat.

All that part of Routt county as is included within the following described boundaries shall be set apart and is hereby established as a county, to be called the county of Moffat:

Beginning at a point on the north boundary of the state of Colorado at a point where said state line is intersected by the range line between ranges eighty-eight and eighty-nine west of the sixth principal meridian, known as the eleventh guide meridian; thence south on said range line to its intersection with the township line between township seven and eight; thence west on said township line to the section line between sections three and four, in township seven north, range eighty-nine west; thence south on said section line to the northeast corner of section twenty-eight in said township seven north, range eighty-nine west; thence west along the north line of sections twenty-eight, twenty-nine and thirty, in township seven north, range eighty-nine west of the sixth principal meridian to its intersection with the range line between ranges eighty-nine and ninety; thence south on said range line to its intersection with the north line of Rio Blanco county; thence west along the said north line of Rio Blanco county to its intersection with the line between the state of Utah and the state of Colorado; thence north on the said line between the state of Utah and the state of Colorado to the northwest corner of the state of Colorado; thence east on the line between the state of Wyoming and the state of Colorado to the point of beginning.

Source: L. 11: p. 516, § 1. C.L. § 8606. CSA: C. 44, § 48. CRS 53: § 34-1-45. C.R.S. 1963: § 34-1-45.

30-5-146. Montezuma.

The county of Montezuma is hereby established, with the legal capacity and functions of other counties of this state, and the boundaries are as follows:

Beginning at the southwest corner of La Plata county, in the state of Colorado, and running thence east along the southern boundary line of said La Plata county to a point on the apex of the ridge dividing the waters of the Rio Mancos from the waters of the Rio La Plata; thence in a northeasterly direction along the apex of said ridge to the southern boundary line of Dolores county, in said state of Colorado; thence west along said southern boundary line of Dolores county to the eastern boundary line of the territory of Utah; thence south along said eastern boundary line of Utah to the place of beginning; and including all that portion of La Plata county drained by the waters of the Mancos river, Bear creek and Dolores river.

Source: L. 1889: p. 262, § 1. R.S. 08: § 1125. C.L. § 8607. CSA: C. 44, § 49. CRS 53: § 34-1-46. C.R.S. 1963: § 34-1-46.

30-5-147. Montrose.

The county of Montrose is hereby established with the legal capacity and functions of other counties in this state, and with boundaries as follows:

Beginning at a point on parallel one hundred and seven degrees and thirty minutes two miles south of the third correction line extended west; thence west to a point due south of the mouth of the Rio Dominguez; thence south to parallel thirty-eight degrees and thirty minutes; thence west along said parallel to the west line of the state; thence south along said line to the northwest corner of Ouray county; thence east along said line to parallel one hundred and eight degrees of west longitude; thence north along said last named parallel to a point ten miles due north of the north line of Ouray county; thence east to parallel one hundred and seven degrees and thirty minutes; thence north along said parallel to the point of beginning.

Source: L. 1883: p. 136, § 1. G.S. § 477. R.S. 08: § 1126. C.L. § 8608. CSA: C. 44, § 50. CRS 53: § 34-1-47. C.R.S. 1963: § 34-1-47.

30-5-148. Morgan.

So much of the county of Weld as is included in the following described boundaries shall be set apart and is hereby established as a county, with the legal capacity and functions of other counties of this state, to be called the county of Morgan:

Beginning at the southeast corner of Weld county, and running thence west along the south line of Weld county to a point at the west line of range sixty, west of the sixth principal meridian; thence north, along the west line of said range sixty, to a point on said range line at the north line of township six, north of range sixty, west; thence east, along said north line of township six, north, and continuing on said course to a point on the east line of said county of Weld and the west line of range fifty-four; thence south, along the east boundary line of said Weld county, to the place of beginning.

Source: L. 1889: p. 267, § 1. R.S. 08: § 1127. C.L. § 8609. CSA: C. 44, § 51. CRS 53: § 34-1-48. C.R.S. 1963: § 34-1-48.

30-5-149. Otero.

Beginning at the intersection of the south line of township twenty-seven south with the west line of range fifty-nine west; thence north on the west line of range fifty-nine west to the northwest corner of township twenty-six south, range fifty-nine west; thence west on the south line of township twenty-five south, range fifty-nine west, to the southwest corner of said township and range; thence north on the west line of range fifty-nine west to its intersection with the center of the Arkansas River; thence east and southeasterly with the center and meanderings of said river to its intersection with the north line of section twenty-eight, township twenty-two south, range fifty-seven west; thence east on section lines to the west line of range fifty-five west; thence north on said range line to its intersection with the north line of township twenty-two south; thence east on said township line to its intersection with the west line of range fifty-four west; thence north on said range line to its intersection with the fourth standard parallel south; thence east on said parallel to its intersection with the east line of range fifty-four west; thence south on said range line to the southeast corner of township twenty-five south, range fifty-four west; thence west on the north line of township twenty-six south, range fifty-four west, to the northeast corner of said township and range; thence south on the east line of range fifty-four west to its intersection with the south line of township twenty-seven south; and thence west on said township line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: L. 1889: p. 281, § 1. R.S. 08: § 1128. C.L. § 8610. CSA: C. 44, § 52. CRS 53: § 34-1-49. C.R.S. 1963: § 34-1-49. L. 81: Entire section R&RE, p. 1432, § 16, effective July 1.

30-5-150. Ouray.

The county of Ouray is hereby created, with the legal capacity and functions of other counties in this state, and shall embrace all that territory drained by the Uncompahgre river and its tributaries south of thirty-eight degrees and twenty minutes north latitude and north of the San Juan county line.

Source: L. 1883: p. 139, § 1. G.S. § 478. R.S. 08: § 1129. C.L. § 8611. CSA: C. 44, § 53. CRS 53: § 34-1-50. C.R.S. 1963: § 34-1-50.

30-5-151. Ouray and Montrose - boundary.

That portion of the western boundary line of the county of Ouray and that portion of the eastern boundary line of the county of Montrose lying between the northwest corner of the county of Ouray and the northern boundary line of the county of San Miguel, is hereby fixed and established as follows:

Beginning at the northwest corner of the southwest quarter of the northwest quarter of section eighteen, township forty-seven north, range eleven west, New Mexico principal meridian which point is the northwest corner of Ouray county; thence south three quarters of a mile to the southwest corner of section eighteen, township forty-seven north, range eleven west; thence east one-half mile to the southwest corner of the southeast quarter of section eighteen, township forty-seven north, range eleven west; thence south to the center of section nineteen, township forty-seven north, range eleven west; thence east one mile to the center of section twenty, township forty-seven north, range eleven west; thence south two miles to the center of section thirty-two, township forty-seven north, range eleven west; thence one mile to the center of section thirty-three, township forty-seven north, range eleven west; thence south two miles to center of section nine, township forty-six north, range eleven west; thence east four miles to center of section seven, township forty-six north, range ten west; thence south one-half mile to the southwest corner of the southeast quarter of said section seven; thence east one and one-half miles to northeast corner of section seventeen, township forty-six north, range ten west; thence south one mile to southwest corner of section sixteen, township forty-six north, range ten west; thence east one mile to southeast corner of section sixteen, township forty-six north, range ten west; thence south one-half mile to the southwest corner of the northwest quarter of section twenty-two, township forty-six north, range ten west; thence east one mile to southeast corner of the northeast quarter of section twenty-two, township forty-six north, range ten west; thence south one-half mile to southeast corner of section twenty-two, township forty-six north, range ten west; thence east one-half mile to northeast corner of the northwest quarter of section twenty-six, township forty-six north, range ten west; thence south three miles to southeast corner of the southwest quarter of section two, township forty-five north, range ten west; thence west one-half mile to northwest corner of section eleven, township forty-five north, range ten west; thence south one and one-half miles to southwest corner of the northwest quarter of section fourteen, township forty-five north, range ten west; which is the north boundary line of San Miguel county.

Source: L. 13: p. 140, § 1. C.L. § 8612. CSA: C. 44, § 54. CRS 53: § 34-1-51. C.R.S. 1963: § 34-1-51.

30-5-152. Ouray and San Miguel - boundary.

The state engineer, through the county surveyors of Ouray and San Miguel counties, within six months after this section becomes effective, shall designate the county line between the counties of Ouray and San Miguel, beginning at a point which is the southeast corner of Montrose county, the same being identical with the one-quarter corner between sections fourteen and fifteen, township forty-five north, range ten west, New Mexico principal meridian; thence west one mile to the one-quarter corner of sections fifteen and sixteen; thence south one-half mile to the corner of sections fifteen, sixteen, twenty-one and twenty-two; thence east three-quarters of a mile to the northwest corner of the northeast quarter of the northeast quarter of section twenty-two; thence south two miles to the southwest corner of the southeast quarter of the southeast quarter, section twenty-seven; thence east one-quarter mile to the corner of sections twenty-six, twenty-seven, thirty-four and thirty-five; all in township forty-five north, range ten west, New Mexico principal meridian; thence east three miles to the corner of sections twenty-nine, thirty, thirty-one and thirty-two, township forty-five north, range nine west, New Mexico principal meridian; thence south one mile to the southwest corner of section thirty-two on the eleventh correction line; all in township forty-five north, range nine west, New Mexico principal meridian; thence along the eleventh correction line to the northeast corner of section six, township forty-four north, range nine west, New Mexico principal meridian; thence west along the north line of section six to the northwest corner of lot one of said section; thence south to the southwest corner of the southeast quarter of the southeast quarter, section six; thence west one-quarter mile to the southwest corner of the southeast quarter of section six; thence south two miles to the southwest corner of the southeast quarter of section eighteen; all in township forty-four north of range nine west; thence east or west to the watershed hereinbefore established as the boundary line between Ouray and San Miguel counties.

Source: L. 17: p. 118, § 1. C.L. § 8613. CSA: C. 44, § 55. CRS 53: § 34-1-52. C.R.S. 1963: § 34-1-52. L. 84: Entire section amended, p. 816, § 1, effective March 16.

30-5-153. Park.

Park county: Commencing at a point where the second correction line south intersects the Platte river; thence south to the third correction line south; thence west to the summit of the snowy range, east of the Arkansas river; thence in a northerly direction along the divide between the Arkansas and Platte rivers, and around the headwaters of the Platte river and its tributaries; thence easterly along the snowy range dividing the waters of the Platte from the waters of the Blue, to the point of intersection with the first correction line south; thence east on said correction line to the western boundary of Jefferson county; thence south on said boundary to the Platte river; thence up the center of said river to the place of beginning.

Source: R.S. p. 161, § 33. G.L. § 367. G.S. § 442. R.S. 08: § 1130. C.L. § 8614. CSA: C. 44, § 56. CRS 53: § 34-1-53. C.R.S. 1963: § 34-1-53.

Editor's note: Pursuant to §§ 30-6-105 to 30-6-109, inclusive, there is recorded in the office of the clerk and recorder of Park County in book 70, page 560, and in the office of the clerk and recorder of Jefferson County in book 140, page 400 (indexed in book 2 - Miscellaneous Papers - in the office of the secretary of state), a proclamation showing attachment to Park County and detachment from Jefferson County of territory described as follows:

"Beginning at the intersection of the boundary line between Park and Jefferson Counties with the center line of the South Platte River, about two miles above Lake George, thence down the said Platte River along its center line to intersection of said center line with the Second Correction Line South, thence westerly along said Correction Line to its intersection with the boundary line between Park and Jefferson Counties, thence along said boundary line to point of beginning."

ANNOTATION

In this section the term "snowy range" is applied to the mosquito spur, but it is designated as "the snowy range east of the Arkansas river". Bd. of County Comm'rs v. Bd. of County Comm'rs, 9 Colo. 268, 11 P. 193 (1886).

The mosquito spur of the snowy range, the park range, is a distinct and continuous range or chain of mountains next and immediately east of the Arkansas river, extending from the snowy range at and between the sources of the Arkansas and Platte rivers southward beyond said third correction line; and the summit of this range is the natural boundary between Chaffee and Park counties. Hollenbeck v. Sykes, 17 Colo. 317, 29 P. 380 (1892).

The continental divide constitutes, in part, the western boundary of the county of Park, at the north, where it is described as "the snowy range, dividing the waters of the Platte from the waters of the Blue". Bd. of County Comm'rs v. Bd. of County Comm'rs, 9 Colo. 268, 11 P. 193 (1886).

It was held that in this section the words "up the river", at the conclusion of the description of Park county's eastern boundary, must be rejected and the call read "thence to the place of beginning", instead of "thence up the river to the place of beginning". Link v. Jones, 15 Colo. App. 281, 62 P. 339 (1900).

30-5-154. Phillips.

Beginning at the intersection of the south line of township six north with the east boundary line of Colorado; thence west along said township line to its intersection with the west line of range forty-seven west; thence north on said range line to its intersection with the second standard parallel north; thence east on said parallel to the southwest corner of township nine north, range forty-seven west; thence north on the west line of range forty-seven west to its intersection with the northern boundary of the southern half of township nine north; thence east on said northern boundary to its intersection with the east boundary line of Colorado; and thence south on said boundary line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: L. 1889: p. 288, § 1. R.S. 08: § 1131. C.L. § 8615. CSA: C. 44, § 57. CRS 53: § 34-1-54. C.R.S. 1963: § 34-1-54. L. 81: Entire section R&RE, p. 1432, § 17, effective July 1.

30-5-155. Pitkin.

The county of Pitkin is hereby established, with the legal capacity and functions of other counties in this state, and with boundaries as follows:

Beginning at the point on the summit of the survey or National range where the Elk mountain range intersects the same; thence in a westerly and northwesterly direction along the summit of the Elk mountain range to Snow Mass mountain; thence due west to the divide west of Rock creek; thence along said divide in a northwesterly direction to the southern boundary of Summit county; thence east along the southern boundary of Summit county to the top of the National range being the west boundary line of Lake county; thence along the summit of said range in a southeasterly direction to the place of beginning.

Source: L. 1881: p. 89, § 1. G.S. § 471. R.S. 08: § 1132. C.L. § 8616. CSA: C. 44, § 58. CRS 53: § 34-1-55. C.R.S. 1963: 34-1-55.

30-5-156. Prowers.

Beginning at the intersection of the eastern boundary line of Colorado with the south line of township twenty-seven south; thence west on said township line to its intersection with the west line of range forty-seven west; thence north on said range line to its intersection with the fifth standard parallel south; thence east on said parallel to the southwest corner of township twenty-five south, range forty-seven west; thence north on the west line of range forty-seven west to its intersection with the fourth standard parallel south; thence east on said parallel to the eastern boundary line of Colorado; and thence south on said boundary line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: L. 1889: p. 294, § 1. R.S. 08: § 1133. C.L. § 8617. CSA: C. 44, § 59. CRS 53: § 34-1-56. C.R.S. 1963: § 34-1-56. L. 81: Entire section R&RE, p. 1433, § 18, effective July 1.

30-5-157. Pueblo.

The boundaries of the county of Pueblo shall be as follows:

Commencing at a point on the western boundary line of said county, as heretofore constituted, where the fourth correction line south crosses the western boundary of said county, thence running due west six miles; thence due south to the summit of the Greenhorn range of mountains; thence southward along said range of mountains to the summit of the Cuerno Verde peak; thence northeast in a straight line to Corral de Toros on the Huerfano river; thence eastward to the Iron Springs; thence due east to the east line of the state; thence north along said east line of the state to a point due east of the northeast corner of said county, as heretofore constituted; thence west to the northwest corner of said county, as heretofore constituted; and thence south to the place of beginning.

Source: R.S. p. 164, § 46. G.L. § 373. G.S. § 445. R.S. 08: § 1134. C.L. § 8618. CSA: C. 44, § 60. CRS 53: § 34-1-57. C.R.S. 1963: § 34-1-57.

30-5-158. Rio Blanco.

So much of the county of Garfield as is included within the following described boundaries shall be set apart and is hereby established as a county, with the legal capacities and functions of other counties of this state, to be called the county of Rio Blanco:

Commencing at a point where the line between townships four and five south intersects the line between the state of Colorado and the territory of Utah; thence east on said township line to the southeast corner of township four south, range one hundred west; thence north three miles to the southeast corner of section thirteen, township four south, range one hundred west; thence east to the corner of sections fifteen, sixteen, twenty-one and twenty-two in township four south, range ninety-four west; thence north nine miles to the northeast corner of section four, township three south, range ninety-four west; thence east to the northeast corner of township three south, range ninety west; thence north six miles to the northeast corner of township two south, range ninety west; thence east to the eleventh guide meridian west; thence north on said eleventh guide meridian line to the base line; thence east on said base line to the southeast corner of township one north, range eighty-nine west; thence north six miles to the northeast corner of said township; thence east to the east boundary line of Garfield county; thence north to the south boundary line of Routt county; thence west on the south boundary line of Routt county to the state line; thence south on said state line to place of beginning.

Source: L. 1889: p. 325, § 1. R.S. 08: § 1135. C.L. § 8619. CSA: C. 44, § 61. CRS 53: § 34-1-58. C.R.S. 1963: § 34-1-58.

30-5-159. Rio Grande.

Beginning at the intersection of the ninth standard parallel north with the east line of range eight east; thence north on said range line to its intersection with the tenth standard parallel north; thence west on said parallel to its intersection with the west line of range four east; thence north on said range line to its intersection with the north line of township forty-one north; thence west on said township line to its intersection with the west line of range three east; thence south on said range line to the southeast corner of township forty north, range two east; thence west on the south line of said township and range to the northwest corner of township thirty-nine north, range three east; thence south on the west line of range three east to its intersection with the ninth standard parallel north; thence east on said parallel to the place of beginning. Said public land survey lines are based upon the New Mexico principal meridian.

Source: L. 1874: p. 66, § 1. G.L. § 377. L. 1879: p. 48, § 1. G.S. §§ 453, 470. R.S. 08: §§ 1136, 1137. C.L. §§ 8620, 8621. CSA: C. 44, §§ 62, 63. CRS 53: § 34-1-59. C.R.S. 1963: § 34-1-59. L. 81: Entire section R&RE, p. 1433, § 19, effective July 1.

30-5-160. Routt.

Beginning at the intersection of the west line of range eighty-eight west with the north boundary line of Colorado; thence south on said range line to its intersection with the north line of township seven north; thence west on said township line to the section line between sections three and four in township seven north, range eighty-nine west; thence south on said section line to the northeast corner of section twenty-eight in said township seven north, range eighty-nine west; thence west along the north line of sections twenty-eight, twenty-nine, and thirty in township seven north, range eighty-nine west to its intersection with the west line of range eighty-nine west; thence south on the west line of range eighty-nine west to the southwest corner of section eighteen, township three north, range eighty-nine west; thence east on the east-west centerline of said township to the southeast corner of section sixteen in range eighty-six west; thence south on the north-south centerline of said range to the south line of township one south; thence east on said township line to its intersection with the west line of range eighty-two west; thence north along said range line to its intersection with the continental divide in township six north; thence northerly along said divide to its intersection with the north boundary line of Colorado; and thence west on said boundary line to the place of beginning. Said public land surveys are based upon the sixth principal meridian.

Source: G.L. §§ 393, 394. G.S. §§ 463, 464. R.S. 08: §§ 1138, 1139. C.L. §§ 8622, 8623. CSA: C. 44, §§ 64, 65. CRS 53: § 34-1-60. C.R.S. 1963: § 34-1-60. L. 82: Entire section R&RE, p. 480, § 1, effective July 1.

30-5-161. Saguache.

Saguache county: Commencing at the most easterly point of La Loma del Norte; thence in an easterly direction to the point where the Mosco creek enters into the San Luis Valley; thence up the center of said creek to the boundary line of Fremont county, on the summit of the Sangre de Cristo range; thence in a northwesterly direction along the summit of said range to the top of the range at the Poncho pass; thence in a direct line west to the one hundred and seventh degree of longitude; thence south, following said degree, to the north boundary line of Conejos county; thence east along the north boundary line of Conejos county to where it intersects the southwest boundary of Saguache county; thence on a produced southeasterly line to the mouth of the canyon of the snowy range, from whence flows the Rio Grande del Norte; thence down the center of said stream to the place of beginning.

Source: L. 1872: p. 81, § 1. G.L. § 352. G.S. § 427. R.S. 08: § 1140. C.L. § 8624. CSA: C. 44, § 66. CRS 53: § 34-1-61. C.R.S. 1963: § 34-1-61.

30-5-162. Saguache and Costilla - boundary. (Repealed)

Source: L. 1874: p. 68, § 13. G.L. omitted. G.S. § 426. R.S. 08: § 1141. C.L. § 8625. CSA: C. 44, § 67. CRS 53: § 34-1-62. C.R.S. 1963: § 34-1-62. L. 81: Entire section repealed, p. 1434, § 22, effective July 1.

30-5-163. San Juan.

The county of San Juan is hereby created and established, with the legal capacity and functions of the other counties of the state, and with boundaries as follows:

Commencing at a point on the western boundary of Hinsdale county, nine miles south of where it intersects the tenth correction line north; running thence due west to the western line of the state; thence north along such line to a point ten miles north of the thirty-eighth parallel of north latitude; thence east to a point on the summit of the main range of mountains, dividing the waters of the Uncompahgre and Animas rivers from the waters of the Lake Fork of the Gunnison; thence in a southerly direction along the summit of said range to a point at the head of the north fork of Pole creek; thence down said creek to the present boundary line between Hinsdale and La Plata counties; thence due south along said line to the place of beginning; and the boundary lines of La Plata and Hinsdale counties are hereby changed to correspond with the provisions of this section.

Source: L. 1876: p. 58, § 1. G.L. § 384. G.S. § 461. R.S. 08: § 1142. C.L. § 8626. CSA: C. 44, § 68. CRS 53: § 34-1-63. C.R.S. 1963: § 34-1-63.

30-5-164. San Miguel.

The county of San Miguel is hereby created and established, with the legal capacity and functions of other counties of this state, and with the boundaries as follows:

Commencing at a point on the boundary line between the counties of Hinsdale and San Juan, due east of the junction of Mineral creek and the main branch of the Uncompahgre river; thence due west through said junction to the summit of the divide between Red Mountain valley and Poughkeepsie gulch; thence southerly along said divide, to the divide between the waters of the Animas river and the Uncompahgre river; thence along the divide separating the waters of the Uncompahgre and San Miguel rivers on the north from those of Animas river on the south, to the north line of La Plata county; thence along the north line of said La Plata county to the western line of the state; thence north to the southwest corner of Lake county; thence east along the south line of Lake county to the western line of Hinsdale county; thence southerly along the western boundary of Hinsdale county to the place of beginning.

Source: G.L. § 385. G.S. § 462. R.S. 08: § 1143. C.L. § 8627. CSA: C. 44, § 69. CRS 53: § 34-1-64. C.R.S. 1963: § 34-1-64.

30-5-165. San Miguel and Dolores - boundary.

The boundary line between San Miguel and Dolores counties is hereby established as follows:

Commencing at the common section corner of sections twenty-seven, twenty-eight, thirty-three and thirty-four, township forty-one north, range nine west, New Mexico principal meridian, being the point of intersection of the said line with the west boundary line of the county of San Juan; thence north and west along the summit of the range dividing the waters of the San Miguel and Dolores rivers to the summit of Lone Cone mountain; thence northwesterly to the northeast corner of section twenty-three, township forty-two, north, range thirteen west New Mexico principal meridian; thence westerly following the section lines three miles north of the south boundary line of township forty-two to the west bank of the Dolores river on the boundary line between sections fourteen and twenty-three of said township forty-two north range eighteen west New Mexico principal meridian; thence south along the east boundary line of said section twenty-three to the southwest corner of said section twenty-three; thence west along the section lines two miles north of the south boundary of said township forty-two to the west boundary line of the state of Colorado.

Source: L. 27: p. 278, § 1. CSA: C. 44, § 70. CRS 53: § 34-1-65. C.R.S. 1963: § 34-1-65.

30-5-166. San Miguel and Ouray - names changed.

The name of the county of Uncompahgre is hereby changed to Ouray, and the name of Ouray county is hereby changed to San Miguel county.

Source: L. 1883: p. 123, § 1. G.S. § 483. R.S. 08: § 1144. C.L. § 8628. CSA: C. 44, § 71. CRS 53: § 34-1-66. C.R.S. 1963: § 34-1-66.

30-5-167. Sedgwick.

Beginning at the northeast corner boundary of Colorado; thence west on the north boundary line of Colorado to its intersection with the west line of range forty-seven west; thence south on said range line to its intersection with the southern boundary of the northern half of township nine north; thence east on said southern boundary to the east boundary line of Colorado; and thence north on said boundary line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: L. 1889: p. 340, § 1. R.S. 08: § 1145. C.L. § 8629. CSA: C. 44, § 72. CRS 53: § 34-1-67. C.R.S. 1963: § 34-1-67. L. 81: Entire section R&RE, p. 1433, § 20, effective July 1.

30-5-168. Summit.

Summit county: All that portion of the state bounded on the south by the county of Lake, and on the east by the summit of the snowy range, and on the north and west by the state boundary.

Source: R.S. p. 162, § 37. G.L. § 369. G.S. § 444. R.S. 08: § 1146. C.L. § 8630. CSA: C. 44, § 73. CRS 53: § 34-1-68. C.R.S. 1963: § 34-1-68.

ANNOTATION

"Snowy range" defined. Every rule of construction requires us to say that the general assembly, in describing the eastern boundary of the county of Summit as the summit of the snowy range, intended the continental divide. Bd. of County Comm'rs v. Bd. of County Comm'rs, 9 Colo. 268, 11 P. 193 (1886).

30-5-169. Teller.

So much of the counties of El Paso and Fremont as is included within the following described boundaries shall be set apart and is hereby established as a county, to be called the county of Teller:

Beginning at the northeast corner of Fremont county at the intersection of the line between ranges sixty-seven and sixty-eight west of the sixth principal meridian, with the line between townships fifteen and sixteen south; thence north on the line between ranges sixty-seven and sixty-eight, seven miles, more or less, to the corner common to sections thirty and thirty-one, township fourteen south, range sixty-seven west, and sections twenty-five and thirty-six, township fourteen south of range sixty-eight west; thence westerly along section lines seven miles, more or less, to the corner common to sections twenty-five, twenty-six, thirty-five and thirty-six, in township fourteen south, range sixty-nine west; thence north on section lines, five miles, more or less, to the corner common to sections one and two, township fourteen south, range sixty-nine west, and sections thirty-five and thirty-six, township thirteen south, range sixty-nine west; thence east two miles along township line to corner common to sections five and six, township fourteen south, range sixty-eight west, and sections thirty-one and thirty-two, township thirteen south, range sixty-eight west; thence north along section lines eighteen miles, more or less, to the north section corner common to sections five and six, township eleven south, range sixty-eight west; thence west along the south boundary line of Douglas county sixteen miles, more or less, to the northwest corner of section three, township eleven south, range seventy-one west, being a point in the easterly boundary line of the county of Park; thence south along the easterly boundary line of Park county thirty miles, more or less, to the line between townships fifteen and sixteen south, being a point on the north boundary line of the county of Fremont; thence east along the north boundary line of Fremont county five miles, more or less, to the northeast corner of section five, township sixteen south, range seventy west; thence south along section lines three miles, more or less, to the corner common to sections sixteen and seventeen, twenty and twenty-one of township sixteen south of range seventy west; thence east along section lines, sixteen miles, more or less, to line between ranges sixty-seven and sixty-eight west; thence north on said range line, three miles, more or less, to the place of beginning.

Source: L. 1899: p. 359, § 1. R.S. 08: § 1147. C.L. § 8631. CSA: C. 44, 74. CRS 53: § 34-1-69. C.R.S. 1963: § 34-1-69.

ANNOTATION

Constitutionality. The act of 1899 from which this section derives under the title "to establish the county of Teller and the temporary county seat thereof", is not in contravention of § 21 of art. V, Colo. Const., providing that no bill shall be passed containing more than one subject, which shall be clearly expressed in the title, because the one subject of the act was "to establish the county of Teller", and each of the provisions following as specified in the title relates to the necessary incidents in establishing a new county; and the fact that certain of the incidents to the establishing of a new county are specified in the title does not limit the act to the particular matters detailed and exclude other matters necessary to the general purpose of the act. Frost v. Pfeiffer, 26 Colo. 338, 58 P. 147 (1899).

Section 3 of art. XIV, Colo. Const., which provides that "no part of the territory of any county shall be stricken off, and added to an adjoining county without first submitting the question to the qualified voters of the county from which the territory is proposed to be stricken off, nor unless a majority of all the qualified voters of said county, voting on the question, shall vote "therefor", does not restrict the power of the general assembly to create new counties from territory embraced in one or more existing counties. Frost v. Pfeiffer, 26 Colo. 338, 58 P. 147 (1899).

30-5-170. Washington.

  1. The county of Washington is hereby established, with the same legal capacity and functions as other counties of this state, and the boundaries are as follows:

    Beginning at the southeast corner of Weld county, and running thence west along the south boundary of Weld county to a point at the west line of range fifty-four west of the sixth principal meridian; thence north along the west line of said range fifty-four to a point on said range line at the north line of township five, north of range fifty-four west; thence east along said north line of township five north, and continuing on said course direct to a point on the east boundary line of the state, and of said Weld county; thence south along the east boundary line of the state and Weld county to the place of beginning.

  2. There is hereby stricken from the county of Adams, formerly a part of the county of Arapahoe, and annexed to the county of Washington, all that territory now a part of Adams county, formerly a part of Arapahoe county, described as follows:

    Beginning at the intersection of the east boundary line of range forty-nine west and the north boundary line of Adams county; thence west along the north boundary line of said Adams county to the east boundary line of range fifty-seven west; thence south along said line to the south boundary line of said Adams county; thence east along the southern boundary of said Adams county to the east boundary line of range forty-nine west; thence north along said line to the place of beginning.

Source: L. 1887: p. 251, § 1. L. 03: p. 169, § 1. R.S. 08: §§ 1148, 1149. C.L. §§ 8632, 8633. CSA: C. 44, §§ 75, 76. CRS 53: § 34-1-70. C.R.S. 1963: § 34-1-70.

ANNOTATION

Authority of county treasurer as to tax deeds. Where lands situated in Arapahoe county were sold to that county for taxes and afterwards became a part of the county of Adams, after the erection of Washington county and the inclusion therein of the lands, the treasurer of that county was the proper officer to execute tax deeds upon the sales made in Arapahoe, and was authorized to execute a tax deed, in correction of one previously executed by the treasurer of Arapahoe county. Empire Ranch & Cattle Co. v. Howell, 60 Colo. 192, 152 P. 1177 (1915).

30-5-171. Weld.

Except for those portions that became part of the city and county of Broomfield on November 15, 2001, in accordance with sections 10 to 13 of article XX of the state constitution, beginning at the intersection of the west line of range sixty-eight west with the base line; thence north on said range line to its intersection with the north line of township four north; thence east on said township line to its intersection with the west line of range sixty-seven west; thence north on said range line to its intersection with the north boundary line of Colorado; thence east along said north boundary line to its intersection with the west line of range fifty-five west; thence south on said range line to the southeast corner of township nine north, range fifty-six west; thence west on the south line of said township and range to the northeast corner of township eight north, range fifty-six west; thence south on the west line of range fifty-five west to its intersection with the north line of township six north; thence west on said township line to its intersection with the west line of range sixty west; thence south on said range line to the southeast corner of township five north, range sixty-one west; thence west on the south line of said township and range to the northeast corner of township four north, range sixty-one west; thence south on the east line of range sixty-one west to its intersection with the base line; and thence west on the base line to the place of beginning. Said public land survey lines are based upon the sixth principal meridian.

Source: R.S. p. 160, § 21. G.L. § 361. G.S. § 436. R.S. 08: § 1150. C.L. § 8634. CSA: C. 44, § 77. CRS 53: § 34-1-71. C.R.S. 1963: § 34-1-71. L. 81: Entire section R&RE, p. 1433, § 21, effective July 1. L. 2004: Entire section amended, p. 640, § 5, effective April 23.

30-5-172. Yuma.

  1. The county of Yuma is hereby established, with the same legal capacities and functions as other counties of this state, and the boundaries are as follows:

    Beginning at the northeast corner of Washington county; thence running west along the north line of Washington county to the range line between ranges forty-eight and forty-nine west of the sixth principal meridian, in said Washington county; thence south along said range line to the south line of Washington county; thence east along said south line of Washington county to the southeast corner of Washington county; thence north along the east line of said Washington county to the place of beginning.

  2. There is hereby stricken from the county of Adams, formerly a part of Arapahoe county, and annexed to the county of Yuma, all that territory now a part of Adams county described as follows:

    Beginning at the northeast corner of Adams county, thence west along the north boundary of said county to the range line dividing ranges forty-eight and forty-nine west; thence along said range line to the south boundary of said county; thence east along the south boundary of said county to the southeast corner of said county; thence north along the eastern boundary of said county to the place of beginning.

Source: L. 1889: p. 476, § 1. L. 03: p. 173, § 1. R.S. 08: §§ 1151, 1152. C.L. §§ 8635, 8636. CSA: C. 44, §§ 78, 79. CRS 53: § 34-1-72. C.R.S. 1963: § 34-1-72.

ARTICLE 6 LOCATION, CHANGE, AND SETTLEMENT OF BOUNDARIES

Section

30-6-100.3. Definitions.

As used in this article, unless the context otherwise requires, "county" means any county or city and county.

Source: L. 86: Entire section added, p. 1034, § 1, effective July 1.

30-6-101. Survey of boundaries - arbitration.

Wherever the boundary lines of any county are so indefinite as to make it impossible to determine where such lines are, and when a portion of territory by reason of such indefinite description is claimed by two counties, the board of county commissioners of each county so claiming said territory is authorized to have a survey made to define the boundaries. If it occurs that either county is dissatisfied with the boundary line as thus determined, it may be entitled to require of the other an arbitration for the settlement of the matter, from which arbitration there shall be no appeal, and the decision shall be final.

Source: G.L. § 420. G.S. § 479. R.S. 08: § 1153. C.L. § 8637. CSA: C. 44, § 80. CRS 53: § 34-2-1. C.R.S. 1963: § 34-2-1.

30-6-102. Board of arbitration.

When such arbitration is required, the board of county commissioners of each county shall choose one person from their county, and such persons shall select a third person who shall not be a resident of either county, and such three persons so chosen shall constitute a board of arbitration for the purposes mentioned in section 30-6-101.

Source: G.L. § 421. G.S. § 480. R.S. 08: § 1154. C.L. § 8638. CSA: C. 44, § 81. CRS 53: § 34-2-2. C.R.S. 1963: § 34-2-2.

30-6-103. Arbitration - agreements - oaths - expenses.

All counties, before entering into such arbitration by their boards of county commissioners, shall sign such agreements as required by law concerning arbitrations, and the board of arbitrators, before acting in such capacity, shall take such oath as prescribed by law. The expense of survey and arbitration shall be equally borne by each county, to be paid out of the county general fund.

Source: G.L. § 422. G.S. § 481. R.S. 08: § 1155. C.L. § 8639. CSA: C. 44, § 82. CRS 53: § 34-2-3. C.R.S. 1963: § 34-2-3.

30-6-104. Boundaries not changed.

Nothing in sections 30-6-101 to 30-6-103 shall be construed to authorize a change of county lines.

Source: G.L. § 423. G.S. § 482. R.S. 08: § 1156. C.L. § 8640. CSA: C. 44, § 83. CRS 53: § 34-2-4. C.R.S. 1963: § 34-2-4.

30-6-105. Annexation - petition - notice to voters.

When a majority of the taxpaying electors residing in that portion of the territory of any county proposed to be stricken off and annexed to an adjoining county shall petition the board of county commissioners of the county in which such territory is situate to have such portion stricken off and annexed to the adjoining county, giving the area and general boundaries of such territory by natural objects and monuments as near as may be, and shall deposit with such board of county commissioners an amount of money sufficient to pay the expenses of the surveying and platting of such territory, it is the duty of the said commissioners to have such territory surveyed and platted in a suitable manner and to cause to be submitted to the registered electors of such county at the general election next after the filing of such petition and plat with them the question of whether such portion of the territory of their county shall be so stricken off. The board of county commissioners shall also require the county clerk and recorder, in giving the notice required by law of the general election then next ensuing, to insert therein a notice to said registered electors that the question of striking off such territory from their county, particularly describing such territory by metes and bounds as shown by said survey, will be submitted to them for their approval or rejection and that they should designate on their ballots their approval thereof, which shall be expressed by the words "for the new county line", or their dissent thereto, expressed by the words "against the new county line". The board of county commissioners of the county to which such territory has been annexed may, in their discretion, pay the necessary expenses of such survey and plat by warrant on the treasury as in other cases.

Source: L. 1887: p. 71, § 1. R.S. 08: § 1157. C.L. § 8641. CSA: C. 44, § 84. CRS 53: § 34-2-5. C.R.S. 1963: § 34-2-5. L. 85: Entire section amended, p. 1342, § 4, effective April 30.

ANNOTATION

Timeliness of filing of petition under this section is governed by § 1-1-109 and language of notification requirement in such section is mandatory and thus county board of commissioners has no discretion to shorten notice period. Sellers v. Bd. of County Comm'rs, 682 P.2d 509 (Colo. App. 1984).

30-6-106. Annexation - adjoining county.

Upon the receipt of the said petition and deposit by the board of county commissioners, they shall immediately give notice of the fact to the board of county commissioners of the adjoining county to which the petitioners desire said territory should be annexed, and the board of county commissioners of the adjoining county shall, upon receipt of the same, require the county clerk of that county, in giving notice of the next general election, to notify the electors of that county of the proposed annexation, particularly setting forth by metes and bounds in said notice the description of the said territory, that the question of such annexation will be submitted to them at said election, and that said electors shall designate on their ballots their dissent from or agreement thereto, which dissent or agreement shall be expressed as is provided in section 30-6-105.

Source: L. 1887: p. 72, § 2. R.S. 08: § 1158. C.L. § 8642. CSA: C. 44, § 85. CRS 53: § 34-2-6. C.R.S. 1963: § 34-2-6.

30-6-107. Annexation - election result - proclamation.

When the votes cast at the annexation election have been duly canvassed, the county clerk of each of said counties shall transmit the result of said election, as to this question, along with the other returns, to the secretary of state, and if such canvass shows that a majority of the votes cast at said election in each of the said counties was in favor of the question submitted in the respective counties mentioned in section 30-6-106, the secretary of state shall immediately make proclamation thereof, setting forth a description of said territory, as it is described in said notice, plat, and survey, and that by virtue of such majority vote in said counties such territory has been stricken off from the one county, naming it, and annexed to the other county, naming it.

Source: L. 1887: p. 72, § 3. R.S. 08: § 1159. C.L. § 8643. CSA: C. 44, § 86. CRS 53: § 34-2-7. C.R.S. 1963: § 34-2-7.

30-6-108. County clerk and recorders to record.

It is the duty of the county clerk and recorders of the said counties to record at length said proclamation of the secretary of state, together with said survey and plat, in the deed records of his county, and thereafter the county line so established shall be the lawfully constituted line between said counties, and the said territory so annexed to such county shall be subject to the jurisdiction of the county to which it has been so added, and shall be a part and parcel thereof.

Source: L. 1887: p. 73, § 4. R.S. 08: § 1160. C.L. § 8644. CSA: C. 44, § 87. CRS 53: § 34-2-8. C.R.S. 1963: § 34-2-8.

30-6-109. Liabilities of annexed territory.

The territory so stricken off from any county and annexed to the adjoining county shall be held to pay its ratable proportion of all then existing liabilities of the county from which it has been taken. Such ratable proportion of liabilities, as soon as the proclamation has been made, shall be fixed by the board of county commissioners of the county from which it is taken, and certified to the board of county commissioners of the county of which it becomes a part; and said board of county commissioners of the last mentioned county shall cause a special tax to be levied upon the property subject to taxation in such annexed territory for one, two, or three years, until such ratable proportion has been fully collected and paid, and the money, when collected, shall be refunded to the county from which the territory has been taken.

Source: L. 1887: p. 73, § 5. R.S. 08: § 1161. C.L. § 8645. CSA: C. 44, § 88. CRS 53: § 34-2-9. C.R.S. 1963: § 34-2-9.

Cross references: For effect on pending actions of the merger of a municipality into the city and county of Denver, see § 30-11-201.

30-6-109.5. Annexation - county airports - agreements between governing bodies - approval.

  1. Any provision of this article to the contrary notwithstanding, the territory of one county may be stricken off and annexed to an adjoining county, whether such territory is contiguous to such adjoining county or not, for the purpose of building and operating a major air carrier airport if the annexing county has a population of more than four hundred thousand and the boards of county commissioners of the two counties enter into an agreement for such annexation and the annexation agreement is subsequently ratified pursuant to the provisions of this section.
  2. Any such annexation agreement shall include, at a minimum:
    1. A description of the boundaries of the territory to be stricken off and annexed;
    2. A provision for the reversion of such territory to the county from which it is to be stricken off if the purposes of the annexation are not achieved;
    3. A provision that any consideration paid by the annexing county go to or for the benefit of the county and any school district from which the annexed territory is to be stricken off; and
    4. A provision designating either the next general election or a special election on a date certain as the ratification election for the proposed annexation agreement.
  3. In order to enter into such an agreement for the striking off and annexation of territory, each board of county commissioners shall be required to approve the agreement by a majority vote at a regular board meeting after not less than seven days' notice to the public and the opportunity for oral and written public comment on the agreement. Such notice shall be published in at least one newspaper of general circulation in the county or counties involved.
  4. After approval of the annexation agreement pursuant to subsection (3) of this section, the board of county commissioners of the county from which the territory is proposed to be stricken off shall submit such proposed annexation agreement to the registered electors of such county, pursuant to section 3 of article XIV of the state constitution, at the next general election or at a special election. Such election shall be governed by the provisions of the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., and shall be paid for by the county in which it is held.
  5. Failure of the registered electors to ratify the annexation agreement by majority vote shall defeat the proposed annexation, and the territory shall not be stricken off. The agreement shall be null and void.

Source: L. 86: Entire section added, p. 1034, § 1, effective July 1. L. 92: (4) amended, p. 873, § 101, effective January 1, 1993.

30-6-109.7. Minor boundary adjustments.

    1. The general assembly hereby finds and declares that:
      1. The existence of certain irregular and irrational boundaries between portions of the city and county of Denver and the neighboring counties of Adams, Arapahoe, and Jefferson has resulted in confusion and inefficiency in the delivery of public services, including police, fire, and emergency medical services, to properties on or near such boundaries; and
      2. Such irregular boundaries jeopardize the ability of landowners to utilize and develop their property and impose increased costs and service delays when those landowners seek development approval.
    2. The general assembly further finds and declares that it is the purpose of this section to:
      1. Create a statutory mechanism, permitted by section 3 of article XIV of the Colorado constitution, that provides landowners with a limited means by which such irregular and irrational boundaries may be corrected for territory located in the city and county of Denver and in the counties of Adams, Arapahoe, and Jefferson;
      2. Limit the minor boundary adjustments under this section to no more than fifty acres per adjustment and to no more than two hundred fifty acres for each such county; and
      3. Permit a minor county boundary adjustment only if such adjustment is requested by one hundred percent of the landowners of property within the territory that is subject to such adjustment and only after the consent of all affected counties, municipalities, and school districts has been obtained.
  2. Any provision of this article to the contrary notwithstanding, a portion of the territory of one county may be stricken off and added to an adjoining county without an election pursuant to the procedure contained in this section.
    1. A petition initiating a minor boundary adjustment that is signed by one hundred percent of the landowners of the territory of a county proposed to be stricken off may be submitted to the board of county commissioners in which such territory is situate. The petition shall include a map, survey, and legal description giving the area and general boundaries of such territory.
    2. Upon receipt of the petition, the board of county commissioners in which such territory is situate shall conduct a hearing on the petition after not less than thirty days' notice to the public and allow the opportunity for oral and written comment on the petition. Such notice shall be published in at least one newspaper of general circulation in such territory. All owners of real property in the territory and any special district organized pursuant to title 32, C.R.S., that serves the territory are to be notified of such hearing by first class mail not less than ten days and not more than thirty days before the hearing.
    3. Following such hearing, the board of county commissioners in which such territory is situate shall act by resolution to approve or deny the minor boundary adjustment initiated by the petition. In the event the minor boundary adjustment is denied, no further action shall be taken.
    4. As used in this subsection (3), "landowner" means the owner in fee of any undivided interest in a given parcel of land that is within the boundaries of the territory of the county proposed to be stricken off. If the mineral estate has been severed, the landowner is the owner in fee of an undivided interest in the surface estate and not the owner in fee of an undivided interest in the mineral estate.
  4. No resolution approving a boundary adjustment shall be adopted or effective pursuant to this section unless:
    1. The territory to be stricken off and added to an adjoining county is contiguous to such adjoining county;
    2. The total area of the territory to be stricken off and added to an adjoining county does not exceed fifty acres;
    3. Both the county from which such territory is to be stricken off and the adjoining county to which such territory is to be added are represented on the boundary control commission established by section 1 of article XX of the Colorado constitution and the governing bodies of such counties have consented by resolution to the adjustment;
    4. As to any county boundary adjustment under this section which will result in the detachment of area from any school district and the attachment of the same to another school district, the board of directors of the school district to which such area will be attached and the board of directors of the school district from which such area will be detached have consented by resolution to such adjustment;
    5. The governing body of any municipality having incorporated territory contiguous to or contained within any portion of the territory to be stricken off has consented, by ordinance or resolution, to such adjustment.
  5. If a minor boundary adjustment is approved pursuant to this section, the board of county commissioners of the county from which such territory is to be stricken off shall negotiate an intergovernmental agreement with the adjoining county to which such territory is to be added. The intergovernmental agreement shall set forth the terms adjusting the boundary of each county and shall include, but not be limited to, the following:
    1. A description of the purpose of the minor boundary adjustment and of the petition initiating such adjustment;
    2. A provision specifying that obligations that are in any way secured by property taxes or other revenue streams from the territory to be stricken off shall be paid as provided in section 30-6-109.
  6. Upon approval by both counties of an intergovernmental agreement described in subsection (5) of this section, the board of county commissioners of each county that is a party to the agreement shall adopt a resolution approving the minor boundary adjustment. A copy of each resolution shall be recorded in the deed records of each county pursuant to section 30-6-108. Effective upon such recordation, the new county boundary so established shall be the lawfully constituted line between each county, and the territory stricken off from one county and added to the adjoining county shall be subject to the jurisdiction of such adjoining county and a part and parcel of the area of such adjoining county; except that the effective date of such new boundary for the purpose of general taxation shall be on and after the next January 1.
  7. Not more than two hundred fifty acres may be stricken from or added to any county pursuant to the provisions of this section.
  8. Except as provided by subsection (8.5) of this section, no territory of a county that contains an occupied residential unit may be stricken off and added to an adjoining county pursuant to this section. As used in this subsection (8), "occupied residential unit" means a building, or that portion of a building, designed for use predominantly as a place of residency by a person, a family, or families.

    (8.5) Subsections (3) and (8) of this section shall not apply to a minor boundary adjustment if the county to which territory will be added is bound by the intergovernmental agreement negotiated pursuant to subsection (5) of this section to use the territory solely for park and open space purposes.

  9. In addition to any other requirements contained in this section, prior to the initiation of any minor boundary adjustment in which territory is proposed to be stricken off of the counties of Adams, Arapahoe, or Jefferson and added to the city and county of Denver, a decision approving the proposed minor boundary adjustment shall be made by a majority vote of the six-member boundary control commission, established by section 1 of article XX of the state constitution.
  10. (Deleted by amendment, L. 2003, p. 1323 , § 1, effective August 6, 2003.)

Source: L. 98: Entire section added, p. 800, § 1, effective August 5. L. 2003: (8) and (10) amended and (8.5) added, p. 1323, § 1, effective August 6.

Editor's note: Subsection (10) of this section contained a provision that repealed the entire section effective August 5, 2003. Subsection (10) was deleted by amendment in House Bill 03-1239 to give continuing effect to the section. The bill also amended subsection (8) and added a new subsection (8.5). This bill did not contain a safety clause. A bill without a safety clause usually takes effect on the day following the expiration of the ninety-day period after adjournment of the general assembly. Therefore, House Bill 03-1239 would normally take effect on August 6, 2003, one day after the repeal of the section was to take effect. An argument could be made that the deletion of the repealer and the other amendments to the section were of no effect because the repeal had already taken effect on the previous day. However, such an interpretation would defeat the general assembly's purpose in enacting the bill. For that reason, if a court is asked to address this circumstance, it could reach the conclusion that the amendment deleting the repeal should be given effect as of the date the governor signed the bill on April 22, 2003, rather than the technical effective date (see People v. Tacorante, 624 P.2d 1324 (Colo. 1981), where a similar conclusion was reached). In view of these factors, the repeal of this section is not reflected in the version printed above; rather, the section appears as amended by House Bill 03-1239.

30-6-110. Boundaries - survey - action to settle.

When the boundary lines of any county in this state are so indefinite that a portion of territory, by reason of such indefinite description, is claimed by two counties, and such fact appears by petition of the board of county commissioners of either county to the state engineer, it is the duty of such state engineer, in connection with the county surveyor of each of such counties, to run out and establish such lines as nearly as may be in accordance with such defective description, fix and define such boundary line by monuments in accordance with rules issued by the state board of licensure for architects, professional engineers, and professional land surveyors, and to furnish the board of county commissioners of each of said counties with a description of such line as soon thereafter as may be practical, deposit such survey as a land survey plat in each county, and file a Colorado land survey monument record on each monument found or set, as specified in section 38-53-104. When such line is established it shall be the boundary line between said counties, unless one of said counties, within six months from the day of filing the description of said line by the state engineer with the board of county commissioners of such county, commences an action in a court of competent jurisdiction in this state to determine and settle such disputed line, and prosecute the same with due diligence until its final determination, or has settled such disputed line, within said six months, by arbitration. If the county surveyor of either of such counties shall not appear or assist the state engineer in making such survey after due notice so to do, it shall in no manner affect or invalidate such survey, or the boundary lines as they may be fixed by such state engineer.

Source: L. 1887: p. 238, § 1. R.S. 08: § 1162. C.L. § 8646. CSA: C. 44, § 89. CRS 53: § 34-2-10. C.R.S. 1963: § 34-2-10. L. 2017: Entire section amended, (HB 17-1017), ch. 15, p. 44, § 4, effective August 9.

Editor's note: Rule 109, C.R.C.P., referenced in this section, was repealed March 17, 1994.

ANNOTATION

An actual survey and marking of the line upon the ground is intended by this section, and an attempt by the state engineer and county surveyors to fix a disputed county boundary line without going upon the ground and making an actual survey, was unauthorized and their proceedings were without any force or effect whatever. Bd. of Comm'rs v. Bd. of Comm'rs, 25 Colo. 95, 53 P. 383 (1898), reversing 9 Colo. App. 368, 48 P. 675 (1897).

This section is mandatory upon the state engineer when he has received the petition. Commissioners of Routt County v. Commissioners of Grand County, 4 Colo. App. 306, 35 P. 1061 (1894).

Equitable not special action to correct errors of engineer. It was held where the state engineer having, under this section, established the boundary between contiguous counties, a proceeding instituted by one of them, under the statute, to correct alleged errors of the state engineer, is an equitable action, and not a special proceeding. Bd. of Comm'rs v. Bd. of Comm'rs, 58 Colo. 67, 143 P. 841 (1914).

Proper venue in county where property located. An action to judicially define and settle a boundary line, as fixed by the general assembly, involves an interest in real property, is for the determination of a form of an interest or right in real property, and affects property, and should be tried in the county where the property is situated. People v. District Court, 66 Colo. 40, 179 P. 875 (1919).

Survey without effect if action brought within six months. If within six months of the filing of the report of the state engineer upon his survey of a county boundary, an action is brought, pursuant to this section, to determine such boundary, such survey is without effect for any purpose. People v. District Court, 66 Colo. 40, 179 P. 875 (1919).

And district court of county from which, by survey, territory is taken, has jurisdiction of an action to establish the boundary under this section. People v. District Court, 66 Colo. 40, 179 P. 875 (1919).

Jurisdiction must be affirmatively pled. The complaint in an action under this section to determine and settle a disputed boundary line between counties, after one has been run out and established by the state engineer, must contain affirmative and positive allegations showing the proceedings to have been such as to confer jurisdiction. Commissioners of Routt County v. Commissioners of Grand County, 4 Colo. App. 306, 35 P. 1061 (1894).

As must statute of limitations. In order to confer jurisdiction in an action under the section to determine and settle a disputed boundary line between counties, after one has been run out and established by the state engineer, the complaint must affirmatively show that it was commenced within six months after the filing of the description of the boundary line by the state engineer. Commissioners of Routt County v. Commissioners of Grand County, 4 Colo. App. 306, 35 P. 1061 (1894).

Action under this section and estoppel separate causes. A complaint setting forth (1) the establishment of a county line by the state engineer, and that the plaintiff county is dissatisfied therewith, (2) the long recognition by both counties and the inhabitants and officials thereof, of the particular line for which the plaintiff contends, contains two separate causes of action, one the action authorized by this section and the other an attempt to set up an estoppel. Bd. of Comm'rs v. Bd. of Comm'rs, 58 Colo. 67, 143 P. 841 (1914).

Court renders judgment on evidence. In an action between counties under this section to establish a boundary line, the court has jurisdiction to render judgment upon the evidence, and is not limited to a determination of the accuracy of the line run by the state engineer. Bd. of Comm'rs v. Bd. of Comm'rs, 2 Colo. App. 412, 31 P. 183 (1892).

This section broadly confers upon a court of competent jurisdiction the power to determine and settle the disputed line, and it must be held that the jurisdiction conferred is ample enough to enable the court, on the testimony before it, to determine what the line is, and where it should be run. Bd. of Comm'rs v. Bd. of Comm'rs, 2 Colo. App. 412, 31 P. 183 (1892).

30-6-111. State engineer - reimbursement for expenses.

The office of the state engineer shall be reimbursed for the expenses of any survey conducted in connection with a boundary dispute pursuant to section 30-6-110, and such expenses shall be borne equally by the counties involved in the boundary dispute.

Source: L. 1887: p. 239, § 2. R.S. 08: § 1163. C.L. § 8647. CSA: C. 44, § 90. CRS 53: § 34-2-11. C.R.S. 1963: § 34-2-11. L. 99: Entire section amended, p. 383, § 1, effective August 4.

30-6-112. Boundaries - not changed.

Nothing in this section and sections 30-6-110 and 30-6-111 shall be so construed as to authorize a change of any county line.

Source: L. 1887: p. 239, § 3. R.S. 08: § 1164. C.L. § 8648. CSA: C. 44, § 91. CRS 53: § 34-2-12. C.R.S. 1963: § 34-2-12.

30-6-113. Compliance with boundary control commission requirements.

In addition to any other requirements, a decision approving the proposed annexation by a majority vote of the six-member boundary control commission established by section 1 of article XX of the state constitution shall be made prior to the initiation of any annexation procedures pursuant to this article to annex land from the counties of Adams, Arapahoe, or Jefferson to the city and county of Denver.

Source: L. 86: Entire section added, p. 1035, § 1, effective July 1.

ARTICLE 7 COUNTY SEATS DESIGNATED

Section

30-7-101. County seats designated.

The county seats of the several counties of the state of Colorado as heretofore established by statutes or statutory election proceedings are hereby confirmed, validated, and established from the date of such statutory enactment or proceeding as follows:

County County Seat

  1. Adams .................... Brighton
  2. Alamosa .................... Alamosa
  3. Arapahoe .................... Littleton
  4. Archuleta .................... Pagosa Springs
  5. Baca .................... Springfield
  6. Bent .................... Las Animas
  7. Boulder .................... Boulder
  8. Broomfield, city and county of .................... Broomfield
  9. Chaffee .................... Salida
  10. Cheyenne .................... Cheyenne Wells
  11. Clear Creek .................... Georgetown
  12. Conejos .................... Conejos
  13. Costilla .................... San Luis
  14. Crowley .................... Ordway
  15. Custer .................... Westcliffe
  16. Delta .................... Delta
  17. Denver, city and county of .................... Denver
  18. Dolores .................... Dove Creek
  19. Douglas .................... Castle Rock
  20. Eagle .................... Eagle
  21. Elbert .................... Kiowa
  22. El Paso .................... Colorado Springs
  23. Fremont .................... Cañon City
  24. Garfield .................... Glenwood Springs
  25. Gilpin .................... Central City
  26. Grand .................... Hot Sulphur Springs
  27. Gunnison .................... Gunnison
  28. Hinsdale .................... Lake City
  29. Huerfano .................... Walsenburg
  30. Jackson .................... Walden
  31. Jefferson .................... Golden
  32. Kiowa .................... Eads
  33. Kit Carson .................... Burlington
  34. Lake .................... Leadville
  35. La Plata .................... Durango
  36. Larimer .................... Fort Collins
  37. Las Animas .................... Trinidad
  38. Lincoln .................... Hugo
  39. Logan .................... Sterling
  40. Mesa .................... Grand Junction
  41. Mineral .................... Creede
  42. Moffat .................... Craig
  43. Montezuma .................... Cortez
  44. Montrose .................... Montrose
  45. Morgan .................... Fort Morgan
  46. Otero .................... La Junta
  47. Ouray .................... Ouray
  48. Park .................... Fairplay
  49. Phillips .................... Holyoke
  50. Pitkin .................... Aspen
  51. Prowers .................... Lamar
  52. Pueblo .................... Pueblo
  53. Rio Blanco .................... Meeker
  54. Rio Grande .................... Del Norte
  55. Routt .................... Steamboat Springs
  56. Saguache .................... Saguache
  57. San Juan .................... Silverton
  58. San Miguel .................... Telluride
  59. Sedgwick .................... Julesburg
  60. Summit .................... Breckenridge
  61. Teller .................... Cripple Creek
  62. Washington .................... Akron
  63. Weld .................... Greeley
  64. Yuma .................... Wray

Source: L. 55: p. 244, § 1. CRS 53: § 34-4-1. C.R.S. 1963: § 34-4-1. L. 2001: Entire section amended, p. 256, § 3, effective November 15.

30-7-102. Relocation not affected.

Nothing in this article shall affect the right of any county to change the location of its county seat as provided by law.

Source: L. 55: p. 244, § 1. CRS 53: § 34-4-2. C.R.S. 1963: § 34-4-2.

ARTICLE 8 LOCATION AND REMOVAL OF COUNTY SEATS

Section

30-8-101. County seat - removal - election.

When an election is ordered by the board of county commissioners of any county on the question of removal or location of the county seat, it is the duty of such board of county commissioners to appoint special judges and registers of such elections, and to provide a special ballot box in each voting precinct in which shall be deposited all the ballots cast at such election in such precinct on the question of location or removal of the county seat.

Source: L. 1881: p. 103, § 1. G.S. § 1284. R.S. 08: § 1171. C.L. § 8649. CSA: C. 44, § 92. CRS 53: § 34-3-1. C.R.S. 1963: § 34-3-1.

ANNOTATION

The constitutional prohibition against local or special laws in certain enumerated cases, locating or changing county seats being one of those cases, was held to be wholly prospective and intended to affect only future legislation. People v. Bd. of County Comm'rs, 6 Colo. 202 (1882).

Construction with general election laws. Although registration of electors to vote on the question of removal of a county seat is governed by this and the following sections, they are not exclusive but must be construed with the provisions concerning general elections. People ex rel. Roberg v. Bd. of Comm'rs, 86 Colo. 249, 281 P. 117 (1929).

The section governing registration of electors does not repeal this article concerning elections for the removal of county seats. People ex rel. Roberg v. Bd. of Comm'rs, 86 Colo. 249, 281 P. 117 (1929).

In the absence of fraud and where there is a substantial compliance with the statute, informalities and innocent departures on the part of the election board in the matter of an election to remove a county seat, will not render the election void, where it appears that there was a conscientious determination on the part of the election officials to ascertain the will of the electorate on the question submitted, which was carried into effect. People ex rel. Roberg v. Bd. of Comm'rs, 86 Colo. 249, 281 P. 117 (1929).

The act of February 11, 1881, was intended to establish a uniform procedure regulating all elections concerning county seats, and it applies to the conduct of an election for the permanent location of a county seat. Town of Sugar City v. Bd. of Comm'rs, 57 Colo. 432, 140 P. 809 (1914).

Since the act of 1881 was inconsistent with and repugnant to former legislation upon this subject, although it contained no repealing clause, it was well settled that, notwithstanding such omission, so much of former legislation as was in conflict with the latter provisions was impliedly repealed. Town of Sugar City v. Bd. of Comm'rs, 57 Colo. 432, 140 P. 809 (1914).

30-8-102. Special registration.

It is the duty of the judges and registers so appointed to make a special registration of the voters of each precinct who have resided in the county at least six months, and in such precinct at least ninety days, prior to the day designated for holding such election, which day shall be the day designated by law for holding a general election, and no other.

Source: L. 1881: p. 103, § 2. G.S. § 1285. R.S. 08: § 1172. C.L. § 8650. CSA: C. 44, § 93. CRS 53: § 34-3-2. C.R.S. 1963: § 34-3-2.

ANNOTATION

It was purely a question for the general assembly as to whether the same rule should be adopted as to residence in the case of an election to locate a county seat, as § 2 of art. XIV, Colo. Const., had already adopted in the case of an election upon the question of removal of a county seat, and the length of residence required in the latter case was definitely fixed by the constitution, and the general assembly was left free to determine the qualifications of voters at an election upon the question of the location of a county seat, unquestionably, since there is no specific constitutional inhibition, and the statute is general, applying alike to all similarly situated, the general assembly had the power and authority to enact it. Town of Sugar City v. Bd. of Comm'rs, 57 Colo. 432, 140 P. 809 (1914).

30-8-103. Polling places - special ballot.

The election shall be held at the same places at which the general election is ordered to be held, but the vote for or against removal or location of the county seat shall be by a special ballot, separate and distinct from the general ticket voted at said election, which ballot shall be deposited in the special ballot box provided for in section 30-8-101, and no vote shall be counted for or against said removal or location which is not deposited in such special ballot box.

Source: L. 1881: p. 103, § 3. G.S. § 1286. R.S. 08: § 1173. C.L. § 8651. CSA: C. 44, § 94. CRS 53: § 34-3-3. C.R.S. 1963: § 34-3-3.

30-8-104. Removal - when.

No county seat shall be removed until the expiration of thirty days after the canvass of the votes by the county canvassers upon the question of location or removal, nor until the board of county commissioners of such county has made and entered of record on its journal an order directing such removal. The board shall make such order within thirty days after the county canvass is completed, unless enjoined or restrained from so doing by an order of the district court of said county or by the supreme court.

Source: L. 1881: p. 104, § 4. G.S. § 1287. R.S. 08: § 1174. C.L. § 8652. CSA: C. 44, § 95. CRS 53: § 34-3-4. C.R.S. 1963: § 34-3-4.

30-8-105. Elections - laws applicable.

All laws now in force relating to elections shall apply to elections held upon the question of removal or location of county seats, except that the question of location of such county seats shall be contested in the district court of said county in the first instance, but may be removed to the district court of any other county under the provisions of the Colorado rules of civil procedure relating to change of the place of trial, and shall be also subject to appeal as provided by law and the Colorado appellate rules. Not less than two-thirds of all the legal votes cast shall be necessary to effect the removal of the county seat of any county in this state.

Source: L. 1881: p. 104, § 5. G.S. § 1288. R.S. 08: § 1175. C.L. § 8653. CSA: C. 44, § 96. CRS 53: § 34-3-5. C.R.S. 1963: § 34-3-5.

Cross references: For the laws governing elections, see title 1.

ANNOTATION

Section held valid. Alexander v. People ex rel. Schofield, 7 Colo. 155, 2 P. 894 (1883).

Removal of county seats is subject over which general assembly has plenary jurisdiction and control, and in the absence of constitutional restrictions, a removal could be authorized upon any vote, great or small, which the body deemed advisable. Alexander v. People ex rel. Schofield, 7 Colo. 155, 2 P. 894 (1883).

Where two-thirds of electors of county voting on proposition did not vote to remove the county seat of said county, the county seat was not removed. Alexander v. People ex rel. Schofield, 7 Colo. 155, 2 P. 894 (1883).

Where, in an election for the permanent location of a county seat, voters designate on their ballots different places which are substantially in the same locality, the ballots should be counted for the general spot covered by the descriptions. Coleman v. People, 7 Colo. App. 243, 42 P. 1041 (1895).

30-8-106. Election contests - laws applicable.

All laws governing contests of elections shall be applicable to contests of county seat elections; except that the board of county commissioners of the county shall in all cases be the contestee, and that the contest shall be conducted in the district court of the proper county. Such district court may appoint a magistrate to take testimony in relation to the grounds of contest alleged by the contestor, which magistrate may sit to take evidence in any precinct of his county.

Source: L. 1881: p. 104, § 6. G.S. § 1289. R.S. 08: § 1176. C.L. § 8654. CSA: C. 44, § 97. CRS 53: § 34-3-6. C.R.S. 1963: § 34-3-6. L. 91: Entire section amended, p. 365, § 40, effective April 9.

Cross references: For the laws governing contests of elections, see § 1-11-201 et seq.

ANNOTATION

The territorial statute made no provision for a contest of an election upon the removal of a county seat. People v. Bd. of County Comm'rs, 6 Colo. 202 (1882).

A statement of contest of an election for the removal of a county seat which fails to enumerate a single qualified voter who was denied the right to vote or the name of any person who voted without possessing the necessary qualifications, held bad under the facts and circumstances disclosed. People ex rel. Roberg v. Bd. of Comm'rs, 86 Colo. 249, 281 P. 117 (1929).

30-8-107. County seats - removal - petition - election.

  1. When the taxpaying electors of any county in this state are desirous of changing the county seat of the county in which they reside from the place where such county seat has been permanently located, they may at any time present to the board of county commissioners of such county a petition signed by a majority of such taxpaying electors whose names shall appear on the last tax roll. No names shall be withdrawn from said petition after the same has been presented to the board of county commissioners, except in cases of actual fraud in the procuring of signatures to the same.
  2. Thereupon it is the duty of the board to require the county clerk and recorder, in giving notice for the next general election, to notify the registered voters of said county to designate upon their ballots at such election the place of their choice; and, if upon canvassing the votes polled or given it appears that any one place has two-thirds of all legal votes polled or given, such place shall be the county seat, and notice of any change thereby made shall be given as provided by law. Where there are no county buildings and the petition so states, it shall not be necessary for such majority to be more than a mere majority of all the legal votes cast to effect such removal.
  3. The term "taxpaying electors" as used in this section means only those persons who are qualified voters under the registration and election laws of this state, and who in the calendar year last preceding the year in which such petition is presented as aforesaid have paid a tax, or are liable for the payment of such tax, on real or personal property assessed to them and owned by them in the county in which such petition is presented.

Source: R.S. p. 162, § 42. G.L. omitted. G.S. § 685. L. 1885: p. 163, § 1. L. 1891: p. 117, § 1. R.S. 08: § 1167. L. 11: p. 263, § 1. L. 13: p. 229, § 1. C.L. § 8655. CSA: C. 44, § 98. CRS 53: § 34-3-7. C.R.S. 1963: § 34-3-7. L. 85: (2) amended, p. 1343, § 5, effective April 30.

ANNOTATION

Under the constitution the general assembly has no power to remove a county seat. Coleman v. People, 7 Colo. App. 243, 42 P. 1041 (1895).

Regulated by general law. The constitution deprives the general assembly of power to remove a county seat, but permits the question of such removal to be regulated by general law, with the limitations, that there can be no removal unless a majority of the electors vote for it, and that no proposition on the subject shall be submitted more often than once in four years. Coleman v. People, 7 Colo. App. 243, 42 P. 1041 (1895).

Voting majorities required for placement or removal. The plain meaning of this section is that where the county seat has not been permanently located a majority of all the legal votes upon the proposition must be in favor of some one place, and if it has been permanently established, it requires a two-thirds vote in favor of some one place before a removal can be effected. Bd. of Comm'rs v. People ex rel. Love, 26 Colo. 297, 57 P. 1080 (1899).

Where the relator, in mandamus proceedings to compel the removal of a county seat, has long been a resident of the county, without taking steps to test the legality of its location, he should not be permitted to initiate such proceedings. Coleman v. People, 7 Colo. App. 243, 42 P. 1041 (1895).

30-8-108. Commissioners' surveys - county buildings.

The board of county commissioners has the power to make all needful arrangements for having such county seat surveyed into lots, squares, streets, and alleys, selling and disposing of the same, and erecting a jailhouse, courthouse, or other county buildings as to the board seems best.

Source: R.S. p. 163, § 44. G.L. § 372. G.S. § 687. R.S. 08: § 1169. C.L. § 8656. CSA: C. 44, § 99. CRS 53: § 34-3-8. C.R.S. 1963: § 34-3-8.

30-8-109. Attached territory - tax liability.

No tax shall be levied against the people of any county to erect any public building in another county, in the same judicial district.

Source: G.L. § 568. G.S. § 561. R.S. 08: § 1184. C.L. § 8657. CSA: C. 44, § 100. CRS 53: § 34-3-9. C.R.S. 1963: § 34-3-9.

COUNTY OFFICERS

ARTICLE 10 COUNTY OFFICERS

Cross references: For election and terms of county officers, see §§ 6 and 8 of art. XIV, Colo. Const., and §§ 1-4-205 and 1-4-206; for prohibited appointments by outgoing officers, see § 24-50-402; for provisions regarding official bonds, see article 13 of title 24; for standards of conduct for county officials, see article 18 of title 24.

Section

PART 1 GENERAL PROVISIONS

PART 2 RECALL OF COUNTY OFFICERS

PART 3 COUNTY COMMISSIONERS

PART 4 COUNTY CLERK AND RECORDER

PART 5 SHERIFF

PART 6 CORONER

PART 7 TREASURER

PART 8 ASSESSOR

PART 9 SURVEYOR

PART 10 SUPERINTENDENT OF SCHOOLS

PART 1 GENERAL PROVISIONS

30-10-101. Offices - inspection of records - failure to comply - penalty.

    1. Every sheriff, county clerk and recorder, and county treasurer shall keep his or her respective office at the county seat of the county and in the office provided by the county, if any such has been provided, or, if there is none provided, then at such place as the board of county commissioners shall direct. Subject to the provisions of part 2 of article 72 of title 24, C.R.S., and any judicially recognized right of privacy, all books and papers required to be in such offices shall be open to the examination of any person, but no person, except parties in interest, or their attorneys, shall have the right to examine pleadings or other papers filed in any cause pending in such court.
    2. Notwithstanding the provisions of paragraph (a) of this subsection (1), the sheriff, county clerk and recorder, county treasurer, and clerk of the district and county courts may maintain his or her office at a location other than the county seat when authorized to do so pursuant to part 1 of article 5 of title 13, C.R.S.
    3. Notwithstanding any other provision of law to the contrary, the sheriff, county clerk and recorder, and county treasurer may keep one or more offices outside of the county seat or such other place authorized pursuant to part 1 of article 5 of title 13, C.R.S. Any such office shall be in addition to his or her respective office kept pursuant to paragraph (a) of this subsection (1) and shall be within the same county. Any such additional office may be kept only if the board of county commissioners of such county makes office space or funding available to provide for the office.
    4. As used in this section, "office" shall mean a place where some or all of the duties of a sheriff, county clerk and recorder, county treasurer, or clerk of the district and county courts are conducted.
  2. Subject to the provisions of subsection (2.5) of this section, any person or corporation and their employees engaged in making abstracts or abstract books or in the business of title insurance, as defined in section 10-11-102 (3), C.R.S., shall have the right, during usual business hours and subject to such rules and regulations as the officer having the custody of such records may prescribe, to inspect and make memoranda, copies, or photographs of the contents of all such books and papers for the purpose of their business; but any such officer may make reasonable and general regulations concerning the inspection of such books and papers by the public or by such abstractors or title insurance personnel. If, for the purpose of making such copies, it becomes necessary to remove such records from the room where they are usually kept to some other room in the courthouse where such copying apparatus may be installed for such purpose, the county clerk and recorder, in his or her discretion, may charge to the person or corporation making such copies a fee of ten dollars per hour for the service of the deputy who has charge of such records while they are being so copied; but such fees shall not be charged to one person or corporation unless the same fee is likewise charged to every person or corporation copying such records.

    1. (2.5) (a) In lieu of affording the right of inspection and copying set forth in subsection (2) of this section, any clerk and recorder may make available to abstractors, title insurance personnel, and others, by subscription and on such medium as the clerk and recorder shall determine in accordance with the provisions of section 30-10-407, a daily copy in bulk of all documents recorded and filed in such office or less than all if the clerk and recorder determines it to be feasible to sort the bulk as requested. Such bulk copy shall be available to the subscriber no later than the third business day following the date of recording or filing. The fee to be charged by the clerk and recorder for bulk copies supplied in accordance with this subsection (2.5) shall be sufficient to cover the direct and indirect costs of production incurred by the clerk and recorder.
    2. Upon tender of the appropriate fee as provided in section 30-1-103 (2)(j), the clerk and recorder shall furnish single copies of documents upon demand.
    3. The clerk and recorder shall not be required to conduct a search of the real estate records in order to locate any document for copying or for any other purpose.
  3. If any person or officer refuses or neglects to comply with the provisions of this section, he shall forfeit for each day he so refuses or neglects the sum of five dollars, to be collected by civil action, in the name of the people of the state of Colorado, and pay it into the school fund; but this shall not interfere with or take away any right of action for damages by any person injured by such neglect or refusal.

Source: G.L. § 554. L. 1885: p. 157, § 1. R.S. 08: § 1352. L. 13: p. 227, § 1. L. 19: p. 368, § 1. C.L. § 8829. CSA: C. 45, § 176. CRS 53: § 35-1-1. C.R.S. 1963: § 35-1-1. L. 77: (1) amended, p. 1435, § 1, effective May 26. L. 83: (2) amended, p. 1226, § 5, effective July 1. L. 91: (2) amended, p. 709, § 5, effective July 1. L. 93: (1) amended, p. 91, § 2, effective July 1. L. 96: (2) amended and (2.5) added, p. 1556, § 3, effective July 1. L. 2001: (1)(c) and (1)(d) added, p. 652, § 1, effective May 30. L. 2010: (1)(a) amended, (HB 10-1062), ch. 161, p. 556, § 1, effective August 11. L. 2014: (2.5)(a) amended, (HB 14-1073), ch. 30, p. 176, § 4, effective July 1.

ANNOTATION

Law reviews. For note, "One Year Review of Wills, Estates and Trusts", see 41 Den. L. Ctr. J. 118 (1964).

The amendment to art. VI, Colo. Const., transfers most of the former jurisdiction of the then county courts to the district courts, including, among others, the type of matters (juvenile, mental health, domestic relations, probate) intended to be kept private by this section. Times-Call Publ'g Co. v. Wingfield, 159 Colo. 172 , 410 P.2d 511 (1966).

Other than "interested" persons allowed access to court records. This section does not mean that judges and clerks of courts of record are prohibited from allowing persons other than parties in interest or their attorneys to examine the pleadings or other papers on file in such courts; however, it does mean that although there is no absolute right to examine such pleadings or other papers, persons could be allowed to do so at discretion of court. Times-Call Publ'g Co. v. Wingfield, 159 Colo. 172 , 410 P.2d 511 (1966).

Press not barred from court records. This section, originating in 1885, was certainly not intended to bar the press from access to pleadings and court records in civil actions involving matters of public interest such as school bond election contests. Times-Call Publ'g Co. v. Wingfield, 159 Colo. 172 , 410 P.2d 511 (1966).

This section was not designed to allow individuals who wish to abstract the entire records for future profit in their private business, the privilege of using continuously the public property, and of monopolizing from day to day, for months and years, a portion of the time and attention of the county clerk against his will and without recompense. Bean v. People ex rel. Uppercu, 7 Colo. 200, 2 P. 909 (1883).

Mandamus proper remedy. Where a county clerk and recorder refuses to allow abstractors the use of the county records for the purpose of making abstracts, mandamus is a proper remedy for them to resort to. Stocknan v. Brooks, 17 Colo. 248, 29 P. 746 (1892).

Sufficient allegation for mandamus. An allegation by plaintiffs, in their petition for mandamus, that the county clerk and recorder refused to allow them to examine the records, or make memoranda therefrom, though often requested to do so, is sufficient, since by the terms of this section any person has the right to inspect the records; and it is not necessary to allege that plaintiffs did not have all the information that could be acquired by the enforcement of the writ. Stocknan v. Brooks, 17 Colo. 248, 29 P. 746 (1892).

No mandamus to allow abstracting entire land records. A county clerk is not compellable, by mandamus, to allow abstract makers to use his office and the county records for the purpose of abstracting the entire records of the land titles of the county for sale. Bean v. People ex rel. Uppercu, 7 Colo. 200, 2 P. 909 (1883).

Applied in In re W.D.A. v. City & County of Denver, 632 P.2d 582 (Colo. 1981).

30-10-102. All money delivered to treasurer - penalty for failure.

  1. Except as provided in subsection (2) of this section, every county clerk and recorder, district attorney, sheriff, or other state or county officer appointed by law, required or permitted to receive and pay over to the county treasurer any taxes, fines, fees, or other moneys whatsoever, within thirty days after the receipt of such moneys, shall pay the same over to the county treasurer, and together therewith such officer so paying over the same shall deliver to the county treasurer a statement of the amount of such moneys so collected by him and paid over, which statement shall be signed by the person paying the same, sworn to before the county treasurer, and then filed and preserved in the office of such treasurer. Every person falsely swearing in any such statement is guilty of perjury in the second degree. The county treasurer shall not demand or receive any fee for administering the oath required by this section.
  2. Fines and fees levied and collected in state courts for which no specific disposition is provided shall be paid to the department of the treasury for deposit in the general fund.

Source: G.L. § 558. G.S. § 658. R.S. 08: § 1356. C.L. § 8833. CSA: C. 45, § 180. CRS 53: § 35-1-2. C.R.S. 1963: § 35-1-2. L. 64: p. 221, § 46. L. 72: p. 556, § 9. L. 73: p. 1401, § 24. L. 2010: (1) amended, (HB 10-1062), ch. 161, p. 556, § 2, effective August 11.

ANNOTATION

Fees, emoluments, and taxes which were collected by a county clerk as an agent of the motor vehicle department were included in the purview of this section. Flanders v. Kochenberger, 118 Colo. 104 , 193 P.2d 281 (1948).

30-10-103. Copies prima facie evidence.

Copies of all documents, writs, proceedings, instruments, papers, and writings duly filed or deposited in the office of any county judge, county clerk and recorder, or county treasurer, and transcripts from books of record or proceedings kept by any of said officers, with the seal of his office affixed, shall be prima facie evidence in all cases.

Source: G.L. § 559. G.S. § 659. R.S. 08: § 1357. C.L. § 8834. CSA: C. 45, § 181. CRS 53: § 35-1-3. C.R.S. 1963: § 35-1-3.

ANNOTATION

Purpose. The plain purpose and effect of this section was to make copies of the writings there specified prima facie evidence of the contents of the original writings, to do nothing more and nothing less. Bd. of Comm'rs v. Keene Five-Cents Sav. Bank, 108 F. 505 (8th Cir. 1901).

The object of this section certainly was not to make mere copies competent, relevant, or material evidence of facts of which the original writings were not evidence. Bd. of Comm'rs v. Keene Five-Cents Sav. Bank, 108 F. 505 (8th Cir. 1901).

Objection not tenable. If the county court permits one of the books of its office to be taken into another court as evidence, the objection that the original, and not a certified copy, is produced is not tenable. McAllister v. People ex rel. Brisbane, 28 Colo. 156, 63 P. 308 (1900).

30-10-104. Resignations of officers, to whom made.

All county officers who hold their office by election shall make their resignation to the officer authorized by law to fill such vacancies in such office, respectively.

Source: G.L. § 560. G.S. § 660. R.S. 08: § 1358. C.L. § 8835. CSA: C. 45, § 182. CRS 53: § 35-1-4. C.R.S. 1963: § 35-1-4.

30-10-105. When office becomes vacant.

  1. Every county office shall become vacant, on the happening of any one of the following events, before the expiration of the term of office:
    1. The death of the incumbent;
    2. The resignation of the incumbent;
    3. The removal of the incumbent;
    4. The incumbent's ceasing to be an inhabitant of the county for which he was elected or appointed;
    5. The incumbent's refusal or neglect to take an oath or affirmation in accordance with section 24-12-101, to give or renew his or her official bond, or to deposit such bond within the time prescribed by law;
    6. The decision of a competent tribunal declaring void his election or appointment;
    7. The incumbent is declared incapacitated in the manner provided in subsection (4) of this section.
    8. Repealed.
  2. In the event a county officer is found guilty of any felony or infamous crime by a court or jury, the board of county commissioners shall immediately suspend such county officer from office without pay until his conviction is final and he has exhausted, or by failure to assert them has waived, all rights to new trial and all rights of appeal. At the time such officer's conviction is final and he has exhausted, or by failure to assert them has waived, all rights to appeal and new trial, the said board shall remove such officer from office and his successor shall be appointed as provided by statute, unless during such period of suspension a successor has been duly elected and qualified and said successor, whether so appointed or elected, shall be the duly constituted officer.
  3. Should the officer suspended from office by the board of county commissioners as provided in this section be found not guilty in a state or federal court either on appeal, original trial, or new trial, the board shall forthwith reinstate such officer and give him his back pay, unless during such period of suspension a successor to such suspended officer has been duly elected and qualified. In the event a successor to such suspended officer has been so elected and qualified, such suspended officer shall receive his back pay only up to the expiration date of his regular term of office and he shall not be reinstated or paid further unless he is such person duly elected and qualified.
    1. Any county officer shall be declared incapacitated when there is a judicial determination that he is unable to routinely and fully carry out the responsibilities of his office by virtue of mental or physical illness or disability and he has been so unable for a continuous period of not less than six months immediately preceding the finding of incapacity. The quantum of proof required, the procedures to be followed, and the rights reserved to the subject of any determination of incapacity under this subsection (4) shall be those specified for the appointment of guardians in part 3 of article 14 of title 15, C.R.S., to the extent applicable.
    2. A proceeding to determine incapacity under this subsection (4) shall be commenced in the district court by a majority of the board of county commissioners. With respect to a county commissioner, proceedings shall be commenced when said commissioner fails to attend any regular meeting of the board of county commissioners for a period of six months. With respect to any county officer other than a county commissioner, proceedings shall be commenced when such officer fails to report to his office or other regular place of business for a period of six months.
    3. In any county having a population of less than one hundred thousand, the county shall be represented in the district court by the district attorney or by a qualified attorney acting for the district attorney who is appointed by the district court for that purpose. In any county having a population of one hundred thousand or more, the county shall be represented by the county attorney or a qualified attorney acting for the county attorney who is appointed by the district court for that purpose.

Source: G.L. § 561. G.S. § 661. R.S. 08: § 1359. C.L. § 8836. CSA: C. 45, § 183. CRS 53: § 35-1-5. L. 57: p. 308, § 1. C.R.S. 1963: § 35-1-5. L. 89: (1)(g) and (4) added, p. 1277, §§ 1, 2, effective March 9. L. 90: (1)(h) added, p. 1445, § 2, effective April 5; (1)(h) repealed, p. 1847, § 43, effective May 31. L. 2000: (4)(a) amended, p. 1835, § 15, effective January 1, 2001. L. 2018: (1)(e) amended, (HB 18-1138), ch. 88, p. 696, § 20, effective August 8.

Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

ANNOTATION

No interpretation of vacancy needed. So simple, direct, and integrated is the language of this section that there is no room for interpretation as to when a vacancy occurs. People v. Enlow, 135 Colo. 249 , 310 P.2d 539 (1957).

Vacancy applies not to the incumbent, but to the term, or to the office, or both, depending generally upon the context. People ex rel. Bentley v. Le Fevre, 21 Colo. 218, 40 P. 882 (1895).

The court said that the word "vacancy" as used in modern times relates not only to the office which is to be filled, but to the term for which the appointment is to be made. Monash v. Rhoades, 11 Colo. App. 404, 53 P. 236 (1898), aff'd, 27 Colo. 235, 60 P. 569 (1900); People ex rel. Calloway v. De Guelle, 47 Colo. 13, 105 P. 1110 (1909).

Conviction works disqualification and vacancy. Conviction under the statute of an infamous crime or of an offense involving the violation of the oath of office operates as a disqualification so as to create a vacancy forthwith in the office. People v. Enlow, 135 Colo. 249 , 310 P.2d 539 (1957).

Instant vacancy upon conviction. The happening of the event fixes the time and fulfillment of the vacancy, and the mingling of situations which ordinarily would give rise to vacancies ipso facto with others that do not necessarily create vacancies ipso facto, without difference of treatment in the statute, is significant, thus, among the listed events creating a vacancy in office are three which by their very nature result in termination of office holding, and the statutory declaration that the office becomes vacant upon the happening thereof seems almost surplusage; also reference is made to the provisions relating to the death of an incumbent, or his resignation, or his removal; the occurrence of any of these events establishes instanter a vacancy; and to hold that the death of an incumbent, or his resignation, or his removal effects an immediate vacancy in the office but that the same is not true as to an officer convicted of either of the described offenses would result in a strained, unnatural and illogical construction, in view of the language employed in the statute which makes no such distinction. People v. Enlow, 135 Colo. 249 , 310 P.2d 539 (1957).

But the mere doing of a prohibited act by an official, without his conviction therefor, does not create a vacancy. People v. Enlow, 135 Colo. 249 , 310 P.2d 539 (1957).

And in this state all infamous crimes are felonies, but not all felonies are infamous crimes. People v. Enlow, 135 Colo. 249 , 310 P.2d 539 (1957).

If a county official was convicted of income tax evasion, and if such amounts to conviction of an infamous crime or an offense involving a violation of his official oath, within the purview of this section, the office of sheriff of Jefferson county became vacant by operation of the law on the date of such conviction. People v. Enlow, 135 Colo. 249 , 310 P.2d 539 (1957).

Effect of out-of-state convictions. The fact that the general assembly has provided in certain statutes that convictions in other jurisdictions shall operate disadvantageously in the state to the convicted person, and did not so provide in this section, requires us to hold that, as to the latter, the general assembly purposely omitted words which would have given effect to foreign convictions, because to ascertain the intent of the general assembly enacting a particular statute, resort may be had to a comparison in language of the statute under study with analogous but unrelated legislation. People v. Enlow, 135 Colo. 249 , 310 P.2d 539 (1957).

A conviction in the federal court for this state is not conclusive on a question of disqualification to hold an office of honor, trust, or profit under the laws of Colorado. People v. Enlow, 135 Colo. 249 , 310 P.2d 539 (1957).

When resignation without effect. The right of any public official to resign cannot be doubted; but when the resignation is predicated upon the premise, stated, or which his conduct may imply, that it is to avoid performing a specific duty in the interest of a party in whose behalf such official is legally bound to act, his resignation, however formally tendered and accepted, will be regarded as without effect. People ex rel. Rosenburg v. Keating, 112 Colo. 26 , 144 P.2d 992 (1944).

Where the county clerk-elect died before qualification, a vacancy in the office occurred on the expiration of the term of the then incumbent, to be filled by appointment of the county commissioners. Gibbs v. People ex rel. Watts, 66 Colo. 414, 182 P. 894 (1919).

Where the sheriff incumbent was reelected but failed to qualify for the second term, and died before his first term expired, one appointed by the board of county commissioners to the vacancy, held only to the second Tuesday of the succeeding January, the day appointed by law for the commencement of the second term of his predecessor, even though by express terms, his appointment was "until the next general election"; that upon the second Tuesday of the succeeding January there was a vacancy, and one then appointed by the county commissioners to fill it was entitled to the office until the next general election. People ex rel. Calloway v. De Guelle, 47 Colo. 13, 105 P. 1110 (1909).

30-10-106. Substitute officers have same powers and compensation.

When any coroner is required to act as sheriff, or any other officer in this state is required to perform any duties belonging to any other office, for the time being, he shall have the same powers in respect to that duty as are given by law to the officer whose duties he performs, and shall be entitled to receive the same compensation for his services.

Source: G.L. § 562. G.S. § 662. R.S. 08: § 1360. C.L. § 8837. CSA: C. 45, § 184. CRS 53: § 35-1-6. C.R.S. 1963: § 35-1-6. L. 64: p. 221, § 47.

30-10-107. Penalty for refusing to qualify.

Any person elected or appointed to any county office in any county in this state who refuses to qualify, having consented to such election or appointment, is liable to a fine not exceeding one hundred nor less than twenty-five dollars, at the discretion of any court having competent jurisdiction.

Source: R.S. p. 190, § 1. G.L. § 564. G.S. § 664. R.S. 08: § 1361. C.L. § 8838. CSA: C. 45, § 185. CRS 53: § 35-1-7. C.R.S. 1963: § 35-1-7.

30-10-108. Fines appropriated to school fund of county.

All fines contemplated in section 30-10-107 shall be recoverable before any court in this state, in the name of the county in which the case arises, and shall be appropriated to the use of the school fund of said county.

Source: R.S. p. 190, § 10. G.L. § 564. G.S. § 665. R.S. 08: § 1362. C.L. § 8839. CSA: C. 45, § 186. CRS 53: § 35-1-8. C.R.S. 1963: § 35-1-8.

30-10-109. Office hours.

All county offices shall be kept open for the transaction of county business on the days and during the hours designated by resolution of the board of county commissioners. However, all clerks of court and sheriffs shall be subject, at all times, to the command of the people, and each thereof shall at all hours, night and day, be prepared to attend such duties as may reasonably be required of them.

Source: L. 51: p. 304, § 1. CSA: C. 45, § 187(1). CRS 53: § 35-1-9. L. 55: p. 248, § 1. L. 59: p. 344, § 1. C.R.S. 1963: § 35-1-9. L. 77: Entire section amended, p. 1436, § 1, effective May 26.

30-10-110. Bonds or insurance of officers - oath or affirmation.

  1. Except as provided in subsection (2) of this section, every county officer named in section 30-10-101, before entering upon the duties of office, on or before the day of the commencement of the term for which the officer was elected, shall execute and deposit an official bond, as prescribed by law. Any such officer shall also take an oath or affirmation in accordance with section 24-12-101.
  2. In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the county officer and county employees to protect the people of the county from any malfeasance on the part of the officer while in office or employees.

Source: G.L. § 555. G.S. § 668. R.S. 08: § 1353. C.L. § 8830. CSA: C. 45, § 177. CRS 53: § 35-1-10. C.R.S. 1963: § 35-1-10. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 557, § 3, effective August 11. L. 2018: (1) amended, (HB 18-1138), ch. 88, p. 696, § 21, effective August 8.

Cross references: (1) For oath of office, see §§ 8 and 9 of art. XII, Colo. Const.; for approval and execution of bonds, see §§ 10-4-301 and 24-13-116.

(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

30-10-111. Oath of deputy.

A deputy appointed to office, before entering upon the deputy's duties under such appointment, shall take and subscribe the like oath of office as that required to be taken by the appointing officer and shall deposit the same in the office where the oath of such officer is deposited.

Source: G.L. § 556. G.S. § 669. R.S. 08: § 1354. C.L. § 8831. CSA: C. 45, § 178. CRS 53: § 35-1-11. C.R.S. 1963: § 35-1-11. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 557, § 4, effective August 11.

30-10-112. Officer to act until successor qualifies.

When the term of office of any sheriff, coroner, county judge, county clerk and recorder, assessor, county treasurer, county surveyor, or other county officer expires, it shall be lawful for such officer, whether reelected or not, and his deputies, to continue to perform all the duties of such office until his successor is duly qualified as required by law.

Source: G.L. § 557. G.S. § 657. R.S. 08: § 1355. C.L. § 8832. CSA: C. 45, § 179. CRS 53: § 35-1-12. C.R.S. 1963: § 35-1-12. L. 64: p. 222, § 48.

30-10-113. Contribution limits for county offices - definitions.

  1. The maximum amount of aggregate contributions that a person may make to a candidate committee of a candidate for a county office and that a candidate committee for such candidate may accept from such person and related requirements governing the disclosure of such contributions are specified in section 1-45-103.7 (1.5).
  2. For purposes of this section:
    1. "County office" means a county commissioner, county clerk and recorder, sheriff, coroner, treasurer, assessor, or surveyor.
    2. "Person" has the same meaning as specified in section 2 (11) of article XXVIII of the state constitution.

Source: L. 2019: Entire section added, (HB 19-1007), ch. 97, p. 357, § 2, effective August 2.

Editor's note: Section 4(2) of chapter 97 (HB 19-1007), Session Laws of Colorado 2019, provides that the act adding this section applies to the portion of any election cycle or for the portion of the calendar year remaining after August 2, 2019, and for any election cycle or calendar year commencing after August 2, 2019, whichever is applicable.

PART 2 RECALL OF COUNTY OFFICERS

30-10-201 to 30-10-210. (Repealed)

Source: L. 92: Entire part repealed, p. 924, § 198, effective January 1, 1993.

Editor's note: This part 2 was numbered as article 2 of chapter 35, C.R.S. 1963. For amendments to this part 2 prior to its repeal in 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

Cross references: For current provisions relating to the recall of officers, see part 1 of article 12 of title 1.

PART 3 COUNTY COMMISSIONERS

Cross references: For powers and functions of a board of county commissioners, see part 1 of article 11 of this title.

30-10-301. Oath or affirmation of commissioners.

Each person elected as commissioner, on receiving a certificate of his or her election, shall take an oath or affirmation in accordance with section 24-12-101.

Source: G.L. § 440. G.S. § 532. R.S. 08: § 1189. C.L. § 8667. CSA: C. 45, § 10. CRS 53: § 35-3-1. C.R.S. 1963: § 35-3-1. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 697, § 22, effective August 8.

Cross references: (1) For county commissioners' election and term of office, see § 6 of art. XIV, Colo. Const., and § 1-4-205.

(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

ANNOTATION

The oath provided by this section obligates the officer to support the federal and state constitutions and to perform the duties of his office to the best of his ability. People v. Schneider, 133 Colo. 173 , 292 P.2d 982 (1956).

30-10-302. County seal - open meetings - rules.

The seal of the county shall be the seal of the board of county commissioners. The board of county commissioners shall meet in open session and all persons conducting themselves in an orderly manner may attend its meetings. The board may establish rules and regulations to govern the transactions of its business.

Source: G.L. § 459. G.S. § 542. R.S. 08: § 1191. C.L. § 8669. CSA: C. 45, § 12. CRS 53: § 35-3-2. C.R.S. 1963: § 35-3-2.

Cross references: For public meetings, see part 4 of article 6 of title 24.

ANNOTATION

The language of this section does not require physically open doors, but only free public access. Allen v. Bd. of County Comm'rs, 178 Colo. 354 , 497 P.2d 1026 (1972).

And when no intent to exclude the public existed and when no one actually was excluded, no violation of this statute had occurred where the county commissioners sat with the doors closed. Allen v. Bd. of County Comm'rs, 178 Colo. 354 , 497 P.2d 1026 (1972).

30-10-303. Meetings of board.

  1. Each board of county commissioners shall meet at the county seat of its county at least one business day of each month and at such other times and locations within the county as in the opinion of the board the public interest may require. Such meetings shall be held on a regular and published schedule, as determined by resolution of the board.
  2. The board may hold such special or emergency meetings and adopt such publication procedure therefor as the public interest may, in the opinion of the board, require.

Source: G.L. § 439. G.S. § 531. R.S. 08: § 1190. C.L. § 8668. CSA: C. 45, § 11. CRS 53: § 35-3-3. C.R.S. 1963: § 35-3-3. L. 79: Entire section amended, p. 1141, § 1, effective June 15.

ANNOTATION

The powers of the board of county commissioners are statutory. People ex rel. Jones v. Carver, 5 Colo. App. 156, 38 P. 332 (1894).

No authority is conferred upon it except at meetings held at the times prescribed by statute, or at such other times as in the opinion of the board the public interests may require. People ex rel. Jones v. Carver, 5 Colo. App. 156, 38 P. 332 (1894).

No one member has authority to call such a meeting, and their judgment can be expressed only after they come together. People ex rel. Jones v. Carver, 5 Colo. App. 156, 38 P. 332 (1894).

And to make the meeting one at which such expression can be given, all the members must be present. People ex rel. Jones v. Carver, 5 Colo. App. 156, 38 P. 332 (1894).

Under former section boards of county commissioners were bound to hold their first regular meeting for the year on the first Monday in January. Liggett v. Bd. of Comm'rs, 6 Colo. App. 269, 40 P. 475 (1895).

This section is silent as to the manner of calling special meetings, and there are strong reasons for requiring an order entered of record at a regular meeting, by which the public at large, as well as the members of the board, may have notice of the time and the nature of the business to be transacted; if, however, it should be conceded that the board may meet upon the call of the chairman or otherwise, a sound rule of public policy requires that all members of the board shall have notice of the meeting. Packard v. Bd. of County Comm'rs, 2 Colo. 338 (1874).

And it was not a violation of this statute when county commissioners met and transacted business without notice of a meeting held on a day other than those provided for by the statute, where it was well known throughout the county that the commissioners regularly held their meetings on the first Monday of every month. Allen v. Bd. of County Comm'rs, 178 Colo. 354 , 497 P.2d 1026 (1972).

30-10-304. Meetings of board in counties over one hundred thousand.

  1. Except as otherwise permitted under subsection (2) of this section, each board of county commissioners of a county containing more than one hundred thousand inhabitants shall hold at least two meetings in each week of each year; but in the months of July and August of each year the board will not be required to hold more than two meetings in each of those months.
  2. Each board of county commissioners of a county containing more than one hundred thousand inhabitants may hold fewer than two meetings in each week of each year on the basis of, without limitation, the following circumstances:
    1. A lack of a quorum caused by illness;
    2. Scheduling conflicts with meetings of professional organizations whose membership includes county commissioners;
    3. Inclement weather;
    4. Natural disasters or emergency conditions;
    5. Special events; or
    6. Any other circumstance that a majority of the board deems reasonable justification for not holding the meeting in the majority's sole discretion.
  3. The board chair may cancel a regularly scheduled meeting of the board. If the decision to cancel a meeting is made more than twenty-four hours in advance of the meeting, the board shall promptly provide notice to the public of the cancellation in the same manner in which it customarily provides the public notice of its meetings.

Source: L. 07: p. 319, § 3. R.S. 08: § 1194. C.L. § 8670. CSA: C. 45, § 13. CRS 53: § 35-3-4. C.R.S. 1963: § 35-3-4. L. 2001: Entire section amended, p. 653, § 3, effective May 30. L. 2014: Entire section amended, (HB 14-1177), ch. 86, p. 330, § 1, effective September 1.

30-10-305. Penalty for absence from meetings in counties over one hundred thousand.

If any member of the board of county commissioners of counties containing more than one hundred thousand inhabitants is absent from any regular meeting thereof without being excused by a majority of the board, he shall forfeit to the county ten dollars for any such absence, which sum so forfeited shall be deducted from the absentee's salary next to be paid.

Source: L. 07: p. 319, § 4. R.S. 08: § 1195. C.L. § 8671. CSA: C. 45, § 14. CRS 53: § 35-3-5. C.R.S. 1963: § 35-3-5.

30-10-306. Commissioners' districts - vacancies.

  1. Each county shall be divided into three compact districts by the board of county commissioners. Each district shall be as nearly equal in population as possible based on the most recent federal census of the United States minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year. Each district shall be numbered consecutively and shall not be subject to alteration more often than once every two years. One commissioner shall be elected from each of such districts by the voters of the whole county. If any commissioner, during his or her term of office, moves from the district in which he or she resided when elected, his or her office shall thereupon become vacant. All proceedings by the board of county commissioners in formation of such districts not inconsistent with this section are confirmed and validated.
  2. Each county having a population of seventy thousand or more which has chosen to increase the members of the board of county commissioners from three to five shall be divided into three or five districts by the board of county commissioners according to the method of election described in section 30-10-306.5 (5) or (6) or section 30-10-306.7. The districts shall be as nearly equal in population as possible based on the most recent federal census of the United States minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year. Each district shall be numbered consecutively, and shall not be subject to alteration more often than once every two years; except that, notwithstanding subsection (3) of this section, the board may alter the districts to conform to precinct boundaries that are changed in accordance with section 1-5-103 (1), C.R.S., based on the division of the state into congressional districts or an approved plan for reapportionment of the members of the general assembly when necessary to ensure that no precinct is located in more than one district. Commissioners shall be elected at large or from districts according to the method of election described in section 30-10-306.5 (5) or (6) or section 30-10-306.7. If any commissioner required to be resident in a district moves during his term of office from the district in which he resided when elected, his office shall thereupon become vacant. All proceedings by the board of county commissioners in formation of such districts not inconsistent with this section are confirmed and validated.
  3. When a board of county commissioners determines to change the boundaries of commissioner districts or when new districts are created, such changes or additions shall be made only in odd-numbered years and, if made, shall be completed by July 1 of such year, except in cases of changes resulting from changes in county boundaries.
  4. Notwithstanding subsections (1) to (3) of this section, after each federal census of the United States, each district shall be established, revised, or altered to assure that such districts shall be as nearly equal in population as possible based on such census minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year. The establishment, revision, or alteration of districts required by this subsection (4) shall be completed by September 30 of the odd-numbered year following such census.
  5. No less than thirty days before adopting any resolution to change the boundaries of commissioner districts or create new commissioner districts, the board of county commissioners shall hold a public hearing on the proposed district boundaries.

Source: G.L. § 438. L. 1881: p. 100, § 1. G.S. § 530. L. 01: p. 144, § 1. R.S. 08: § 1196. C.L. § 8672. CSA: C. 45, § 15. CRS 53: § 35-3-6. L. 63: p. 262, § 1. C.R.S. 1963: § 35-3-6. L. 75: Entire section R&RE, p. 190, § 2, effective April 24. L. 80: (3) added, p. 424, § 2, effective March 25; (2) amended, p. 411, § 18, effective January 1, 1981. L. 84: (3) amended and (4) added, p. 818, § 1, effective March 26. L. 88: (2) amended, p. 1113, § 2, effective April 9; (3) amended, p. 298, § 4, effective January 1, 1989. L. 2002: (1), (2), and (4) amended and (5) added, p. 135, § 1, effective August 7.

ANNOTATION

Intent of "by the county commissioners". When the general assembly in 1963 amended this statute by adding the words "by the county commissioners", the supreme court believed to be obvious that it was the general assembly's intent to make it clear and unmistakable that the county commissioners henceforth had the duty and responsibility to maintain their commission districts as compact districts with populations as nearly equal as possible. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).

This section does, in fact, impose a positive duty upon the commissioners to redistrict. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).

When the general assembly used the word "shall", it intended to impose upon the county commissioners a mandatory duty and not suggest merely a permissive or discretionary act. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).

This section is tantamount to a command upon the county commissioners to properly apportion their commissioner districts, and either neglecting or refusing to obey this command amounts to a disregard of statutory duty in not taking affirmative action. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).

The functions of a board of county commissioners under this section are administrative, and it cannot evade its responsibility to take the necessary affirmative action where such is required to correct malapportionment of commissioner districts. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).

Failure or refusal to act proper basis for judicial intercession. Either the failure within a reasonable time or the refusal to act upon the petition of citizens when redistricting is required in order to comply with the law, is a proper basis for judicial intercession. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).

And mandamus has been upheld as a remedy to require county commissioners to comply with this section. Bd. of County Comm'rs v. Edwards, 171 Colo. 499 , 468 P.2d 857 (1970).

There is no reason to distinguish between "compact" in the constitutional provision relating to legislative districts and the same term in the statute concerning commissioner districts. Allen v. Bd. of County Comm'rs, 178 Colo. 354 , 497 P.2d 1026 (1972).

And compactness concerns a geographic area whose boundaries are as nearly equidistant as possible from the geographic center. Allen v. Bd. of County Comm'rs, 178 Colo. 354 , 497 P.2d 1026 (1972).

Compactness requirement satisfied. Where county was redistricted into three districts, one of which had an area of five square miles and the other two of which had areas of over 1200 square miles, but where the new districts were much more equal in population than the old, the requirement of compactness was satisfied. Allen v. Bd. of County Comm'rs, 178 Colo. 354 , 497 P.2d 1026 (1972).

Commissioners may express views privately. Where, at an earlier private meeting, two of the county commissioners agreed to support a redistricting plan when it was proposed by residents of a city in one of the proposed districts, this conduct of the two commissioners did not invalidate the later action of the board in adopting the plan, because it is desirable for commissioners to seek the sentiments of various citizens and it is not improper for them to state their views on matters which will later come before them for action. Allen v. Bd. of County Comm'rs, 178 Colo. 354 , 497 P.2d 1026 (1972).

No party affiliation required. The state constitution provides that any qualified voter is eligible to hold the office of county commissioner, and this section additionally requires one commissioner shall be elected from each district by the voters of the entire county, but it is not necessary that one have any party affiliation in order to hold the office of county commissioner. Andersen v. Smyth, 146 Colo. 165 , 360 P.2d 970 (1961); Mohler v. Johnson, 196 Colo. 330 , 584 P.2d 1218 (1978).

But residency is. A person is not eligible for designation as a candidate for nomination to the office of county commissioner unless at the time of the designation he is a resident of the district he seeks to represent. Spain v. Fischahs, 143 Colo. 464 , 354 P.2d 502 (1960).

Under this section, the designee of a political party for nomination to the office of county commissioner must be a resident of the district which he seeks to represent at the time of the county assembly of the political party at which candidates are designated. Spain v. Fischahs, 143 Colo. 464 , 354 P.2d 502 (1960); Mohler v. Johnson, 196 Colo. 330 , 584 P.2d 1218 (1978).

The "removal" contemplated by former section was not a mere temporary change of place of abode from one district to another, whether it be for pleasure, temporary convenience or for business reasons, and to work a vacancy in the office the removal which the general assembly had in mind must be with a fixed intention by the commissioner who goes from one district to another to give up his legal residence or home in the former, and at the same time to acquire a domicile or legal home in the latter. People v. Espinoza, 81 Colo. 198, 254 P. 778 (1927).

30-10-306.5. Procedure to increase number of county commissioners.

  1. In any county having a population of seventy thousand or more, the membership of the board of county commissioners may be increased from three to five members pursuant to this section.
  2. Subject to referral as provided in this subsection (2), a board of county commissioners may pass a resolution increasing its membership to five members and designating not fewer than two of the methods of election set forth in subsection (5) or (6) of this section. The resolution shall be referred to the registered electors of the county at a general election. If a majority of votes cast are in favor of the referred resolution, the board of county commissioners shall take such action as is necessary to assure that the increased number of county commissioners are elected at the next general election according to the procedure for election contained in the referred resolution which received the largest number of votes cast.
    1. In the alternative, a petition signed by at least eight percent of the total number of qualified electors of a county voting for all candidates for the office of secretary of state at the last preceding general election shall be sufficient to place on the ballot at a general election the question of whether to increase the membership to five members with a designation of not fewer than two of the methods of election set forth in subsection (5) or (6) of this section.
    2. If a majority of the votes cast on a question placed on the ballot pursuant to paragraph (a) of this subsection (3) are in favor of increasing the membership, the board of county commissioners shall pass a resolution increasing the membership to five members and providing for the election of the increased number of county commissioners at the next general election according to the procedure for election specified in such question which received the largest number of votes cast.
  4. (Deleted by amendment, L. 94, p. 1269 , § 1, effective May 22, 1994.)
    1. If three county commissioners are to be resident in districts and two elected by the voters of the whole county, they shall be elected as set forth in this subsection (5). Members resident in districts elected pursuant to this subsection (5) may be elected by the voters of the whole county or may be elected only by voters resident in the district from which the member runs for election.
    2. If the first general election after the voters' approval of such increase is held in 1976 or any fourth year thereafter, two members resident in districts and one at-large member shall be elected to four-year terms at said election, and one at-large member shall be elected to fill the vacancy until the next general election, and two members, one resident in a district and one at large, shall be elected to four-year terms at said next general election. Thereafter, three members, two resident in districts and one at large, shall be elected at the general elections which occur each four years after the first general election following such resolution, and two members, one resident in a district and one at large, shall be elected at the general election which occurs two years after the first general election following such resolution and every fourth year thereafter.
    3. If the first general election after the voters' approval of such increase is held in 1978 or any fourth year thereafter, two members, one resident in a district and one at large, shall be elected to four-year terms at said election, and one at-large member shall be elected to fill the vacancy until the next general election, and three members, two resident in districts and one at large, shall be elected to four-year terms at said next general election. Thereafter, two members, one resident in a district and one at large, shall be elected at the general elections which occur each four years after the first general election following such resolution, and three members, two resident in districts and one at large, shall be elected at the general election which occurs two years after the first general election following such resolution and every fourth year thereafter.
    4. Prior to March 1 of the election year, the board of county commissioners shall designate the at-large position from which a commissioner is to be elected to a two-year term to fill a vacancy described in paragraph (b) or (c) of this subsection (5).
    1. If five county commissioners resident in districts are to be elected, they shall be elected as set forth in this subsection (6). Members elected pursuant to this subsection (6) may be elected by the voters of the whole county or may be elected only by voters resident in the district from which the member runs for election.
    2. If the first general election after the voters' approval of such increase is held in 1982 or any fourth year thereafter, two members resident in districts shall be elected to four-year terms at said election, and one member resident in a district shall be elected to fill the vacancy until the next general election, and three members resident in districts shall be elected to four-year terms at said next general election. Thereafter, two members resident in districts shall be elected at the general elections which occur each four years after the first general election following such resolution, and three members resident in districts shall be elected at the general election which occurs two years after the first general election following such resolution and every fourth year thereafter.
    3. If the first general election after the voters' approval of such increase is held in 1984 or any fourth year thereafter, three members resident in districts shall be elected to four-year terms at said election, and one member resident in a district shall be elected to fill the vacancy until the next general election, and two members resident in districts shall be elected to four-year terms at said next general election. Thereafter, three members resident in districts shall be elected at the general elections which occur each four years after the first general election following such resolution, and two members resident in districts shall be elected at the general election which occurs two years after the first general election following such resolution and every fourth year thereafter.
    4. The board of county commissioners shall designate the district from which a commissioner is to be elected to a two-year term to fill a vacancy described in paragraph (b) or (c) of this subsection (6).
  7. Signature requirements governing petitions for a race involving a seat on the board of county commissioners for the next four calendar years immediately following an election at which the voters have approved an increase in the number of county commissioners from three to five under this section are specified in section 1-4-801 (2)(e), C.R.S., for major political party candidates, and section 1-4-802 (2), C.R.S., for candidates who do not wish to affiliate with a major political party. Following the first four calendar years after such a change in the membership of the board of county commissioners has been approved by the voters, the signature requirements for a petition for a county commissioner candidate must follow the procedures specified in section 1-4-801 (2)(a), C.R.S., for major political party candidates, and section 1-4-802 (1)(c)(VI), C.R.S., for candidates who do not wish to affiliate with a major political party, as applicable.

Source: L. 80: Entire section added, p. 411, § 19, effective January 1, 1981. L. 94: (2) to (4) amended and (5)(d) added, pp. 1269, 1270, §§ 1, 2, effective May 22. L. 2013: (7) added, (SB 13-243), ch. 268, p. 1412, § 3, effective May 24.

30-10-306.7. Procedure for electing county commissioners.

  1. In any county having a population of seventy thousand or more which has increased the membership of the board of county commissioners to five pursuant to sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5, the registered electors may, either by referendum or by initiative, change the method of electing said members or reduce the membership of the board of county commissioners to three, pursuant to the procedures in this section.
    1. In any such county, the method of electing members of the board of county commissioners may be changed to any one of the following methods:
      1. Five commissioners resident in five districts, elected by the voters of the whole county or elected only by voters resident in the district from which the member runs for election. In such case, the procedures for election shall be in accordance with section 30-10-306.5 (6). The county clerk and recorder shall make any other necessary provision to effectuate the change in method of election.
      2. Three commissioners resident in three districts, elected by the voters of the whole county or elected only by voters resident in the district from which the member runs for election. In such case, the procedures for election shall be in accordance with subsection (5) of this section.
      3. Five commissioners elected as follows: Three commissioners resident in three districts and elected by voters resident in those districts and two commissioners elected at large; or three commissioners resident in districts and elected by voters of the whole county and two commissioners elected at large. In such case, the procedures for election shall be in accordance with paragraph (a) of subsection (5) of this section.
    2. The registered electors of such a county may, either by referendum or by initiative, decrease the members of the board of county commissioners from five to three. In such case, the term of office of all members serving on the board shall expire at the time the next duly elected board takes the oath of office following the first general election after the voters' approval of such decrease, and three new members shall be elected in accordance with sections 1-4-205 (2), C.R.S., and 30-10-306. Two seats, as determined by lot, shall be elected for four-year terms and the remaining seat shall be elected for a two-year term of office in accordance with sections 1-4-205 (2), C.R.S., and 30-10-306. The county clerk and recorder shall make any necessary changes to effectuate the decrease in membership.
  3. Subject to referral as provided in this subsection (3), a board of county commissioners may pass a resolution changing the method of electing the members of the board or decreasing the membership of the board, as provided in subsection (2) of this section. Prior to the ninetieth day before the next general election, the board of county commissioners shall request that the county clerk and recorder place the resolution on the ballot for referral to the registered electors of the county at the next general election.
  4. In the alternative, a petition signed by at least eight percent of the total number of qualified electors of a county voting for all candidates for the office of secretary of state at the last preceding general election shall be sufficient to place on the ballot at a general election the question of whether to change the method of electing members of the board or to decrease the membership of the board. In the case of a petition to change the method of electing members of the board, such petition shall specify the method of election according to subsection (2) of this section. Such a petition, shall be delivered to the county clerk and recorder prior to the ninetieth day before the next general election with a request that the question be placed on the ballot for referral to the registered electors of the county at the next general election.
    1. If a majority of the votes cast on the question are in favor of changing the method of electing the five commissioners or providing for three commissioners, as provided in subparagraph (II) or subparagraph (III) of paragraph (a) of subsection (2) of this section, the board of county commissioners shall change the boundaries of the commissioner districts so as to create three districts as nearly equal in population as possible based on the most recent federal census of the United States minus the number of persons serving a sentence of detention or confinement in any correctional facility in the county as indicated in the statistical report of the department of corrections for the most recent fiscal year. The districts shall be numbered consecutively and shall not be subject to alteration more often than once every two years; except that, notwithstanding section 30-10-306 (3), the board may alter the districts to conform to precinct boundaries that are changed in accordance with section 1-5-103 (1), C.R.S., based on the division of the state into congressional districts or an approved plan for reapportionment of the members of the general assembly when necessary to ensure that no precinct is located in more than one district. All other provisions of sections 1-4-205 (3)(a), C.R.S., and 30-10-306 (2) and (3) relating to the method of electing members, as provided in this paragraph (a), shall be applicable; except that, when districts are created, such changes shall be completed by July 1 of the odd-numbered year immediately preceding the general election.
      1. Upon adoption of the boundaries of the three commissioner districts pursuant to subsection (2) of this section, it shall be decided by lot which of the five presently elected commissioners shall serve each of the three commissioner districts and which two commissioners shall serve the county at large.
      2. If more than one presently elected commissioner resides within the boundaries of the same newly created commissioner district, those commissioners shall first determine by lot which of them will serve that district and which of them will represent the county at large. The remaining commissioners shall then determine by lot which of them will serve the two remaining districts and which of them will serve as the second commissioner at large.
      3. The county clerk and recorder shall establish the time, place, and manner in which such lots shall be conducted and shall declare the official results of such lots immediately thereafter.
    3. In the event that the registered electors of a county vote to change the method of election pursuant to this subsection (5), the terms of office of the five presently elected commissioners shall not be affected.
    4. Thereafter, the method of election in such counties shall be as provided in sections 1-4-205 (3)(a), C.R.S., and 30-10-306.5 (5).
  6. Signature requirements governing petitions for a race involving a seat on the board of county commissioners for the next four calendar years immediately following an election at which the voters have approved a decrease in the number of county commissioners from five to three under this section are specified in section 1-4-801 (2)(e), C.R.S., for major political party candidates, and section 1-4-802 (2), C.R.S., for candidates who do not wish to affiliate with a major political party. Following the first four calendar years after such a change in the membership of the board of county commissioners has been approved by the voters, the signature requirements for a petition for a county commissioner candidate must follow the procedures specified in section 1-4-801 (2)(a), C.R.S., for major political party candidates, and section 1-4-802 (1)(c)(VI), C.R.S., for candidates who do not wish to affiliate with a major political party, as applicable.

    .

Source: L. 88: Entire section added, p. 1111, § 1, effective April 9; (5)(a) amended, p. 1436, § 36, effective June 11. L. 2002: (5)(a) amended, p. 136, § 2, effective August 7. L. 2013: (6) added, (SB 13-243), ch. 268, p. 1413, § 4, effective May 24.

30-10-307. Chairman - temporary chairman.

At the first meeting after election, the board of county commissioners shall choose one of its number as chairman, who shall preside at such meeting and all other meetings, if present; but, in case of his absence from such meeting, the members present shall choose one of its number as temporary chairman.

Source: G.L. § 460. G.S. § 543. R.S. 08: § 1199. C.L. § 8675. CSA: C. 45, § 18. CRS 53: § 35-3-7. C.R.S. 1963: § 35-3-7.

30-10-308. Oaths administered and orders signed by chairman.

The chairman of said board of county commissioners has the power to administer oaths to any person concerning any matter submitted to the board or connected with its powers and duties, and he shall sign all county orders.

Source: G.L. § 461. G.S. § 544. R.S. 08: § 1201. C.L. § 8678. CSA: C. 45, § 21. CRS 53: § 35-3-8. C.R.S. 1963: § 35-3-8.

ANNOTATION

Power to issue warrant in board alone. While a county warrant is to be signed by the chairman of the board of county commissioners, and also to be signed and attested by the clerk, yet the power to issue a county warrant is vested alone in the board of county commissioners and can be only exercised at a meeting of the board. Stoddard v. Benton, 6 Colo. 508 (1883).

And a warrant drawn and signed without any action of the board is a nullity in the hands of any one chargeable with notice of the irregularity, and in an action against the county treasurer to compel payment, he may allege in his defense the facts which show the warrant to be void. Stoddard v. Benton, 6 Colo. 508 (1883).

30-10-309. County commissioner vacancies. (Repealed)

Source: G.L. §§ 445, 473, 942. G.S. §§ 537, 552, 1166. R.S. 08: §§ 1202, 1239, 2334. C.L. §§ 7822, 8679, 8680. CSA: C. 45, §§ 22, 23. CSA: C. 59, § 311. CRS 53: § 35-3-9. C.R.S. 1963: § 35-3-9. L. 79: Entire section R&RE, p. 1142, § 1, effective March 13. L. 80: Entire section repealed, p. 418, § 38, effective January 1, 1981.

30-10-310. Committee of commissioners - report.

If the board of county commissioners sees fit to refer any matter to a committee of its members, the actions of said committee shall not be final, but shall be reported to the board for its consideration, and the board's action thereon shall be placed in its records.

Source: L. 1891: p. 114, § 1. R.S. 08: § 1203. C.L. § 8681. CSA: C. 45, § 24. CRS 53: § 35-3-10. C.R.S. 1963: § 35-3-10.

30-10-311. Bonds or insurance of county commissioners.

  1. Except as provided in subsection (2) of this section, each county commissioner of the several counties of this state is required to execute a bond, payable to the people of the state of Colorado, conditioned that the commissioner will faithfully and honestly discharge the duties of the office of county commissioner so long as the commissioner continues in office, and that the commissioner will not, either directly or indirectly, misappropriate, or permit to be misappropriated, any of the funds or property of said county while in office; that the commissioner will not, while in office, be interested or concerned in any manner, directly or indirectly, in any sale, purchase, bargain, or contract whereby any sum of money or thing in action becomes due to such commissioner from such county, or from any person from such county; and that the commissioner will at all times transact the business of such county economically, and to the best of the commissioner's ability, for the best interest of such county.
  2. In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the county commissioner to protect the people of the county from any malfeasance on the part of the commissioner while in office.

Source: L. 1881: p. 96, § 1. G.S. § 564. R.S. 08: § 1244. C.L. § 8720. CSA: C. 45, § 67. CRS 53: § 35-3-11. C.R.S. 1963: § 35-3-11. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 557, § 5, effective August 11.

ANNOTATION

The object of this section is to require county commissioners to give bonds for the faithful discharge of their duties, and a provision for the recovery of such damages as the county shall sustain by reason of a breach of the conditions of the bond, and designating who might bring suit for such recovery, is certainly germane to the subject matter of such a title. Patterson v. Watson, 35 Colo. 502, 83 P. 958 (1906).

Subsequent bond not authorized. When a person duly elected to the office of county commissioner has executed his bond as required by law, when said bond has been approved by the judge of the proper district, and when the person so elected and qualified has actually entered upon the duties of his office, the district court or judge, thereafter, has no jurisdiction to order said commissioner to give a new bond with further sureties to be approved by said court or judge, and, in default of compliance with such order, to declare such commissioner's office vacant. People ex rel. Jones v. District Court, 18 Colo. 293, 32 P. 819 (1893).

The approval by the judge of the district court of a bond of a county commissioner-elect, is not to be arbitrarily overturned or disregarded by the board. People ex rel. Pauls v. District Court, 46 Colo. 1, 101 P. 777 (1909).

No forfeiture of bond for compliance with unconstitutional statute. Compliance with the terms of a statute which may be unconstitutional will not, absent other evidence, be grounds for forfeiture of bond required by this section. Bd. of County Comm'rs v. Fifty-First Gen. Ass'y, 198 Colo. 302 , 599 P.2d 887 (1979).

Applied in Davison v. Bd. of County Comm'rs, 41 Colo. App. 344, 585 P.2d 315 (1978).

30-10-312. Amount of bond or insurance - county commissioners.

The bond executed by the county commissioners in counties with a population of ten thousand or more persons pursuant to section 30-10-311 (1) or the insurance purchased by the county on behalf of the county commissioners pursuant to section 30-10-311 (2) shall be in the sum of ten thousand dollars and in counties with a population under ten thousand persons shall be in the sum of five thousand dollars.

Source: L. 1881: p. 97, § 2. G.S. § 565. R.S. 08: § 1245. C.L. § 8721. CSA: C. 45, § 68. CRS 53: § 35-3-12. C.R.S. 1963: § 35-3-12. L. 73: p. 1401, § 25. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 558, § 6, effective August 11.

30-10-313. Bond executed or insurance purchased before duties assumed.

No county commissioner shall enter upon the duties of the office of commissioner unless the commissioner has executed the bond described in section 30-10-311 (1) or the county has purchased the insurance described in section 30-10-311 (2).

Source: L. 1881: p. 97, § 3. G.S. § 566. R.S. 08: § 1246. C.L. § 8722. CSA: C. 45, § 69. CRS 53: § 35-3-13. C.R.S. 1963: § 35-3-13. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 558, § 7, effective August 11.

30-10-314. Where bond filed.

If a county commissioner executes a bond pursuant to section 30-10-311 (1), the bond, after approval by the judge of the district court, shall be filed by the county clerk and recorder of such county and shall be recorded in the records of the county.

Source: L. 1881: p. 98, § 6. G.S. § 569. R.S. 08: § 1248. C.L. § 8724. CSA: C. 45, § 71. CRS 53: § 35-3-15. C.R.S. 1963: § 35-3-15. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 558, § 8, effective August 11.

30-10-315. Penalty for acting without bond or insurance.

If any county commissioner acts as such officer, performs any of the duties, or exercises any of the rights or privileges of county commissioner without being bonded or insured pursuant to section 30-10-311, or after judgment of removal from such office has been entered, the commissioner is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred nor more than five thousand dollars, and by imprisonment in the county jail for not less than thirty days nor more than six months.

Source: L. 1881: p. 98, § 5. G.S. § 568. R.S. 08: § 1247. C.L. § 8723. CSA: C. 45, § 70. CRS 53: § 35-3-14. L. 63: p. 326, § 15. C.R.S. 1963: § 35-3-14. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 558, § 9, effective August 11.

30-10-316. Suits on bond or insurance.

Upon default or breach of any of the conditions of either the bond or the insurance policy required by section 30-10-311 by any county commissioner in this state, either the district attorney for the district in which such commissioner resided at the time of such breach, the county attorney of such county, or any taxpayer of the county who will become responsible for the costs of suit, may institute an action in any court of competent jurisdiction in such county in the name of the board of county commissioners of the county and against the principal and sureties upon the bond or the insurance policy for the damages such county has sustained by reason of the breach of any of the conditions contained in the bond or the insurance policy. When a suit is brought by any person other than the district or county attorney, the court may require surety for costs as in other civil cases.

Source: L. 1881: p. 98, § 7. G.S. § 570. L. 1885: p. 162, § 1. R.S. 08: § 1249. C.L. § 8725. CSA: C. 45, § 72. CRS 53: § 35-3-16. C.R.S. 1963: § 35-3-16. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 558, § 10, effective August 11.

ANNOTATION

Section germane. The provision for the recovery of such damages as the county shall sustain by reason of a breach of the conditions of a bond, and designating who might bring suit for such recovery, is certainly germane to the subject matter of the title. Patterson v. Watson, 35 Colo. 502, 83 P. 958 (1906).

Unless the right of the taxpayers to sue under this section be put in issue by a special plea, the question is waived. Buckmaster v. Williams, 72 Colo. 593, 212 P. 977 (1923); Wakeman v. Norton, 24 Colo. 192, 49 P. 283 (1897); Hukill v. McGinnis, 70 Colo. 455, 202 P. 110 (1921).

30-10-317. County to recover all damages - execution against body.

In any action filed pursuant to section 30-10-316, the county shall recover all damages, both proximate and remote, that it may have sustained by reason of any breach of the conditions of the bond or the insurance policy required by section 30-10-311, as applicable; and if it appears on the trial of any such case that the breach was tortious, fraudulent, or willful, and that the county shall not be able to recover judgment against the sureties or, having recovered judgment, is unable to collect the same from the principal or the principal's sureties, the county may have execution against the body of such principal, who shall be confined in the county jail of the county until such judgment and costs are paid; except that such imprisonment shall not exceed one year.

Source: L. 1881: p. 98, § 8. G.S. § 571. R.S. 08: § 1250. C.L. § 8726. CSA: C. 45, § 73. CRS 53: § 35-3-17. C.R.S. 1963: § 35-3-17. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 559, § 11, effective August 11.

ANNOTATION

Body execution statute unconstitutional under the fourteenth amendment of the U.S. constitution as discriminatory against indigent debtors. Kinsey v. Preeson, 746 P.2d 542 (Colo. 1987).

30-10-318. Recovery for all damage - liability.

In all suits upon the official bonds or insurance policies required by section 30-10-311, the recovery against a member of the board of county commissioners shall not be limited to a proportionate amount of the damage proved, but the recovery on the bond of each shall be for the whole amount of damage proved. If any member of a board of county commissioners knowingly acquiesces in any misappropriation of the funds of a county, or in the allowance of bills that are not legally allowable, or in the payment thereof, the sureties or insurer of the county commissioner, as applicable, shall be liable for all damages, both proximate and remote, that the county sustains for reason thereof, to be recovered as provided.

Source: L. 1881: p. 99, § 9. G.S. § 572. R.S. 08: § 1251. C.L. § 8727. CSA: C. 45, § 74. CRS 53: § 35-3-18. C.R.S. 1963: § 35-3-18. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 559, § 12, effective August 11.

ANNOTATION

This section is not to be construed as a penal statute. Morris v. Bd. of Comm'rs, 25 Colo. App. 416, 139 P. 582 (1914); Nordloh v. Bd. of Comm'rs, 25 Colo. App. 457, 139 P. 585 (1914).

A mere mistake of judgment by the commissioners gives no action upon the bond, and tortious or fraudulent conduct of the commissioners must be shown. Morris v. Bd. of Comm'rs, 25 Colo. App. 416, 139 P. 582 (1914).

30-10-319. Clerk of board - duties.

  1. It is the general duty of the clerk of the board of county commissioners:
    1. To record, in a book to be provided for that purpose, all proceedings of the board;
    2. To make regular entries of all their resolutions and decisions on all questions concerning the raising of money;
    3. To record the vote of each commissioner on any question submitted to the board, if required by any member;
    4. Except when specifically provided otherwise by law, sign all orders issued by the board for the payment of money;
    5. To preserve and file all accounts acted upon by the board, with their action thereon, and he shall perform such other duties as are required by law.

Source: G.L. § 469. G.S. § 554. R.S. 08: § 1252. C.L. § 8728. CSA: C. 45, § 75. CRS 53: § 35-3-19. C.R.S. 1963: § 35-3-19. L. 69: p. 223, § 1. L. 71: p. 324, § 1.

Cross references: For the county clerk being the clerk of the board of county commissioners, see § 30-10-402.

ANNOTATION

Power to issue county warrants only in board. While a county warrant is to be signed by the chairman of the board of county commissioners, and also to be signed and attested by the clerk, yet the power to issue a county warrant is vested alone in the board of commissioners and can be only exercised at a meeting of the board. Stoddard v. Benton, 6 Colo. 508 (1883).

Duty to be available to perform certain functions and duty to attend meetings of board of county commissioners. The responsibilities of the position of the clerk of the board of county commissioners include either being available, or having a deputy available, during regular business hours to perform the constitutional and statutory functions. Bd. of County Comm'rs v. Hatfield, 39 Colo. App. 548, 570 P.2d 1091 (1977).

Duty when clerk fails to attend meeting. Where the clerk is notified of a meeting of the board and fails to attend, the board necessarily has authority to record its own proceedings and thereafter approve those minutes. Upon being tendered such minutes, the clerk must record them in the proper book regardless of the fact that neither she nor her deputies actually recorded the proceedings. Bd. of County Comm'rs v. Hatfield, 39 Colo. App. 548, 570 P.2d 1091 (1977).

30-10-320. Clerk to designate amount - copies of records.

It is the duty of such clerk to designate upon every account which is audited and allowed by the board the amount so allowed; and he shall also deliver to any person who may demand it a certified copy of any record in his office, or any account on file therein, on receiving from such person the fees prescribed by law.

Source: G.L. § 470. G.S. § 555. R.S. 08: § 1253. C.L. § 8729. CSA: C. 45, § 76. CRS 53: § 35-3-20. C.R.S. 1963: § 35-3-20.

Cross references: For fees of county clerk and recorders for copies of records, see § 30-1-103.

30-10-321. Orders - dated and numbered - records of issuance.

Such clerk shall not sign or issue any county order, unless ordered by the board of county commissioners authorizing the same; and every such order shall be numbered, and the date, amount, and number of the same, and the name of the person to whom it is issued, shall be entered in a book kept by him in his office for that purpose.

Source: G.L. § 471. G.S. § 556. R.S. 08: § 1254. C.L. § 8730. CSA: C. 45, § 77. CRS 53: § 35-3-21. C.R.S. 1963: § 35-3-21.

30-10-322. Penalty for failure to perform duty.

If any commissioner refuses or neglects to perform any of the duties which are required of him by law as a member of the board of county commissioners, without just cause therefor, he shall, for each offense, forfeit a sum not less than twenty-five nor more than one hundred dollars.

Source: G.L. § 468. G.S. § 551. R.S. 08: § 1238. C.L. § 8715. CSA: C. 45, § 62. CRS 53: § 35-3-22. C.R.S. 1963: § 35-3-22.

ANNOTATION

Enforcement of statute which may be unconstitutional is not violation of this section. Bd. of County Comm'rs v. Fifty-First Gen. Ass'y, 198 Colo. 302 , 599 P.2d 887 (1979).

PART 4 COUNTY CLERK AND RECORDER

Cross references: For fees of county clerk and recorders, see § 30-1-103.

30-10-401. County clerk - term - bond - insurance.

  1. A county clerk shall be elected in each county of this state for the term of four years and, except as provided in subsection (2) of this section, before entering upon the duties of the office, shall execute to the people of the state of Colorado, and file with the county clerk then in office, a bond with two or more sufficient sureties in the sum of not less than five thousand dollars, to be affixed and approved by the board of county commissioners according to law, with conditions in substance as follows: "Whereas, The above bounden ........ was elected to the office of the county clerk of ........, on the ........ day of ........, Now, therefore, if the said ........ shall faithfully perform all the duties of the office, and shall pay over all moneys that may come into the hands of the clerk as required by law, and shall deliver to the clerk's successor in office all the books, records, papers, and other things belonging to said office, then the above obligation to be void, otherwise to remain in full force." The bond, after being recorded, shall be at once deposited with the county treasurer for safekeeping.
  2. In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage in an amount not less than ten thousand dollars on behalf of the county clerk to protect the people of the county from any malfeasance on the part of the clerk while in office.

Source: G.L. § 478. G.S. § 573. R.S. 08: § 1256. C.L. § 8731. CSA: C. 45, § 78. CRS 53: § 35-4-1. L. 56: p. 128, § 1. C.R.S. 1963: § 35-4-1. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 559, § 13, effective August 11.

Cross references: For the oath of civil officers, see § 8 of art. XII, Colo. Const.; for the election, term, and salary of county officers, see § 8 of art. XIV, Colo. Const.; for the election of county clerk, see § 1-4-206; for bonds executed by surety companies, see § 10-4-301; for the approval of official bonds, see § 24-13-116; for bonds of county officers, see § 30-10-110.

30-10-402. Clerk for board of commissioners.

The county clerk shall be, in and for his county, clerk of the board of county commissioners.

Source: G.L. § 479. G.S. § 574. R.S. 08: § 1257. C.L. § 8732. CSA: C. 45, § 79. CRS 53: § 35-4-2. C.R.S. 1963: § 35-4-2.

30-10-403. Deputy clerk - duties.

Every county clerk shall appoint a deputy, in writing, under the county clerk's hand, and shall file such appointment in the office of the county clerk; and such deputy, in case of the absence or disability of the county clerk, or in case of a vacancy in the office thereof, shall perform all the duties of the county clerk during such absence or until such vacancy is filled. Every county clerk may appoint other deputies and, if the county clerk has executed a bond pursuant to section 30-10-401 (1), the county clerk's sureties shall be responsible under the bond for the acts of all such deputies.

Source: G.L. § 480. G.S. § 575. R.S. 08: § 1258. C.L. § 8733. CSA: C. 45, § 80. CRS 53: § 35-4-3. C.R.S. 1963: § 35-4-3. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 560, § 14, effective August 11.

ANNOTATION

The deputy clerk is authorized to administer all oaths proper to be administered and taken in the transaction of official business pertaining to the office of county clerk and in performing the functions of clerk thereof. Roberts v. People, 9 Colo. 458, 13 P. 630 (1886).

He may take acknowledgment of tax deeds. Waddingham v. Dickson, 17 Colo. 223, 29 P. 177 (1892).

Attestation of a homestead entry, by the deputy county clerk, not using the name of his principal, is effective and sufficient. Edson-Keith & Co. v. Bedwell, 52 Colo. 310, 122 P. 392 (1912).

30-10-404. Vacancy in office - how filled.

If a vacancy in the office of county clerk should occur by death, resignation, or otherwise, the board of county commissioners shall appoint some suitable person to fill such vacancy until a successor is elected according to law.

Source: G.L. § 481. G.S. § 576. R.S. 08: § 1259. C.L. § 8734. CSA: C. 45, § 81. CRS 53: § 35-4-4. C.R.S. 1963: § 35-4-4.

30-10-405. Office at county seat - seal - records.

  1. The county clerk and recorder shall keep his or her office at the county seat. The county clerk and recorder shall attend the sessions of the board of county commissioners either in person or by deputy, keep the county seal, records, and papers of the board of county commissioners, and keep a record of the proceedings of the board, as required by law, under the direction of the board of county commissioners. Records of such proceedings shall be kept in a visual text format that may be transmitted electronically.
  2. Notwithstanding the provisions of subsection (1) of this section, the county clerk and recorder may maintain his or her office at a location other than the county seat when authorized to do so pursuant to part 1 of article 5 of title 13, C.R.S.

Source: G.L. § 482. G.S. § 577. R.S. 08: § 1260. C.L. § 8735. CSA: C. 45, § 82. CRS 53: § 35-4-5. C.R.S. 1963: § 35-4-5. L. 93: Entire section amended, p. 92, § 3, effective July 1. L. 2009: (1) amended, (HB 09-1118), ch. 130, p. 561, § 5, effective August 5.

ANNOTATION

Duty of clerk to be available to perform certain functions. The responsibilities of the position of the clerk of the board of county commissioners include either being available, or having a deputy available, during regular business hours to perform the constitutional and statutory functions. Bd. of County Comm'rs v. Hatfield, 39 Colo. App. 548, 570 P.2d 1091 (1977).

Duty to attend meetings of board of county commissioners. Upon receiving notice from the board, the clerk has the constitutional and statutory duty to attend the board's meetings, and she must respond immediately if such is the request of the board. Bd. of County Comm'rs v. Hatfield, 39 Colo. App. 548, 570 P.2d 1091 (1977).

30-10-405.5. Electronic filings.

The county clerk and recorder may accept by electronic filing deeds and all other documents authorized by law to be recorded in his or her office. As used in this part 4, unless the context otherwise requires, "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. To the extent the provisions of this part 4 differ from the requirements of the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., the provisions of this part 4 are intended to modify, limit, or supercede the requirements of such act, as provided for in section 7002 (a) of such act.

Source: L. 2002: Entire section added, p. 789, § 1, effective August 7.

30-10-406. County clerk and recorder - duties - filing requirements.

  1. The county clerk shall be ex officio recorder of deeds and shall have custody of and safely keep and preserve all the documents received for recording or filing in his or her office. As used in this part 4, unless the context otherwise requires, "document" includes electronic filings. During the hours the office is open for business, the clerk and recorder shall also record or cause to be recorded in print, or in a plain and distinct handwriting, or electronically, in suitable books or electronic records to be provided and kept in the clerk and recorder's office, all documents authorized by law to be recorded in his or her office and shall perform all other duties required by law.
  2. Upon recording any document to which a documentary fee applies, the clerk and recorder shall forward a clear, complete, and accurate copy of such document to the office of the county assessor. The clerk and recorder may forward the copy electronically to said office.
    1. All documents received for recording or filing in the clerk and recorder's office, except a verification of application form as defined in section 38-29-102 (13), C.R.S., shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file any document that does not conform to the requirements of this paragraph (a).
    2. Repealed.
  4. The county clerk and recorder shall perform the duties prescribed in article 22 of title 15, C.R.S., with respect to the recording and processing of designated beneficiary agreements and revocations of such agreements.

Source: G.L. § 483. G.S. § 578. R.S. 08: § 1261. C.L. § 8736. CSA: C. 45, § 83. CRS 53: § 35-4-6. C.R.S. 1963: § 35-4-6. L. 76: Entire section amended, p. 753, § 1, effective June 10. L. 96: Entire section amended, p. 1557, § 4, effective July 1. L. 97: (3) added, p. 215, § 1, effective September 1. L. 2002: (1) and (2) amended, p. 789, § 2, effective August 7. L. 2009: (3)(a) amended, (SB 09-040), ch. 9, p. 62, § 1, effective July 1; (4) added, (HB 09-1260), ch. 107, p. 447, § 17, effective July 1.

Editor's note: Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective September 1, 1998. (See L. 97, p. 215 .)

ANNOTATION

Duties imposed by general assembly. While the office of county clerk is created by the constitution, none of his duties are therein defined, but all the duties pertaining to the office, both in his capacity as clerk and as recorder of deeds, are to be prescribed and enjoined by the general assembly, and the duties he is to perform as recorder of deeds have been specifically defined and imposed by this and the following sections, and it was clearly within the province of the general assembly to impose upon the clerk in his capacity of recorder of deeds the duties enjoined upon him by this and the following sections. People ex rel. Smith v. Crissman, 41 Colo. 450, 92 P. 949 (1907).

The duty of the county clerk and recorder extends only to instruments "authorized by law to be recorded in his office". Laughlin v. Hawley, 9 Colo. 170, 11 P. 45 (1886).

Making the county recorder registrar of titles does not constitute him a new county officer, but simply changes his duties in this, that instead of recording the evidence of titles, as heretofore provided, he registers the ultimate fact, or conclusion, that a certain party named has title to a particular tract of land as adjudged by the court. People ex rel. Smith v. Crissman, 41 Colo. 450, 92 P. 949 (1907).

Public record defined. It is said that a public record is one required by law to be kept, or necessary to be kept, in the discharge of a duty imposed by law, or directed by law to serve as a memorial and evidence of something written, said, or done. Treat v. McDonough, 148 Colo. 603 , 367 P.2d 587 (1961).

Tract indices kept by the county clerk and recorder for the purpose of preparing abstracts of title, even though not within the terms of the statute, constitute an appropriate mode of discharging the clerk's duties, hence, it was not only his right but his duty to keep them and having done so they became public property subject to public use as provided by statute. Treat v. McDonough, 148 Colo. 603 , 367 P.2d 587 (1961).

What is a public record is a question of law. Treat v. McDonough, 148 Colo. 603 , 367 P.2d 587 (1961).

General public right to inspect or copy public records. At common law, due to land ownership by a very limited number of people, there was no general public right to inspect or copy public records; however, this concept later gave way, particularly in the United States, to a recognition of such a right due to our belief in widespread ownership of real property. Treat v. McDonough, 148 Colo. 603 , 367 P.2d 587 (1961).

But a wide discretion was necessarily vested in the county clerk with reference to permitting the examination of the records of his office by those other than employees thereof, because the liability of having the records mutilated, changed, or obliterated was always present when strangers were about the office; and while it was necessary, perhaps, that abstracters had to be allowed to examine and make copies from these records they were in so doing subjected to such reasonable regulations as the county clerk prescribed. Upton v. Catlin, 17 Colo. 546, 31 P. 172 (1892).

The right of an abstractor to inspect and make memoranda of the contents of the records, etc., in the county clerk's office, is subordinate to the right of the clerk and recorder so to regulate his office as to maintain the sanctity of the records, etc., pertaining thereto. Upton v. Catlin, 17 Colo. 546, 31 P. 172 (1892).

Reasonable regulation of access. A rule established by the county clerk and recorder provided that parties desiring to examine the records of the office for the purpose of making abstracts would be permitted to do so upon any day, when the office was required to be kept open under the law, between the hours of nine and twelve in the forenoon, and one and four in the afternoon; provided, that on the days when the county commissioners are in session in the office, said memoranda and copies may be made between the hours of nine and ten in the forenoon and four and five in the afternoon, and at no other times during said days, was held a reasonable regulation. Upton v. Catlin, 17 Colo. 546, 31 P. 172, (1892).

Mandamus proper. Mandamus is a proper remedy where, upon demand, a county clerk and recorder refuses to permit an abstracter to inspect and make memoranda of the contents of the records of his office. Upton v. Catlin, 17 Colo. 546, 31 P. 172 (1892).

Judgment of justice of the peace not required to be recorded. The court found no law requiring or authorizing the transcript of a judgment from a justice of the peace to be recorded or indexed, and if the clerk and recorder should keep any index or record of such judgments, it would be entirely voluntary. Laughlin v. Hawley, 9 Colo. 170, 11 P. 45 (1886).

30-10-406.5. Redaction of first five digits of social security numbers on public documents.

  1. A county clerk and recorder shall redact the first five digits of a social security number from a public document recorded with the clerk and recorder upon the request of the individual assigned the social security number or that individual's designee by power of attorney or appointment of personal representative, custodian, conservator, or guardian if:
    1. The document is in electronic form;
    2. The clerk and recorder has the equipment needed to automatically make the redaction; and
    3. The individual requesting redaction makes the request in writing on a form provided by the clerk and pays a fee pursuant to section 30-1-103 (1).
  2. A county clerk and recorder may, but is not required to, make a requested redaction even if he or she lacks the equipment needed to do so automatically.

Source: L. 2014: Entire section added, (HB 14-1112), ch. 28, p. 171, § 1, effective January 1, 2015.

30-10-407. Microfilm and optical imaging records - when - standards for optical imaging systems.

  1. When authorized by the board of county commissioners, the county clerk and recorder in counties, or cities and counties, may record the documents lawfully filed for record in his or her office by making and preserving microfilm or optical images thereof. Such county clerk and recorder shall properly index the same in the manner required by law. When the microfilm or optical imaging method of recording has been approved by the board of county commissioners and adopted by the county clerk and recorder, at least one microfilm reader to make the microfilms legible or at least one computer terminal to access optical imaging records shall be provided, and as many more microfilm readers or computer terminals as may prove necessary to give reasonable service to the public shall also be provided.
  2. At least two microfilms or two optical imaging database records shall be made of each recorded document, which shall be kept in separate buildings as far as reasonably may be done in order that they may not be subject to the same hazards. All sets of the microfilm and all optical imaging computer data shall be constantly under the control of the county clerk and recorder. One set of microfilm or one copy of the optical imaging database shall always be kept by the county clerk and recorder, so that the same is available to the public during the hours that said county clerk and recorder's office is open for business and so that persons desiring to inspect or examine the record may do so by means of microfilm reader and facilities or by means of optical imaging computer terminals maintained in said county clerk and recorder's office. Said records shall not be removed from the county clerk and recorder's office at any time for any purpose, except the security copy, which shall be kept in a security vault approved by the board of county commissioners and the county clerk and recorder. The security copy of the microfilm or optical image media may be deposited in the county records section of the department of personnel.
  3. (Deleted by amendment, L. 2004, p. 376 , § 1, effective July 1, 2004.)
  4. Any document which cannot be satisfactorily recorded by microfilm or by optical imaging may be recorded by other methods of photographing or by transcribing by typewriter or by longhand.

    (4.3) Regardless of the method by which a document is recorded, legible size prints shall be made on demand for the fee provided by law; except that the county clerk and recorder shall not be required to provide a print during the first three business days after a document is recorded.

    (4.5) Any optical imaging system utilized by a county clerk and recorder shall, at minimum, produce permanent records which do not permit additions, deletions, or other changes to the original documents.

  5. Nothing in this section shall abridge or limit the power of any court to compel the production of any microfilm or optical imaging records in any proceeding.

Source: L. 51: p. 302, § 1. CSA: C. 45, § 83(1). L. 53: p. 222, § 1. CRS 53: § 35-4-7. C.R.S. 1963: § 35-4-7. L. 81: (2) amended, p. 1435, § 1, effective April 2. L. 92: Entire section amended, p. 960, § 1, effective March 25. L. 96: (2) amended, p. 1542, § 134, effective June 1. L. 2004: (1), (2), (3), and (4) amended and (4.3) added, p. 376, § 1, effective July 1.

ANNOTATION

Law reviews. For note on 1953 amendment to this section, see 30 Dicta 194 (1953).

30-10-408. Grantor and grantee indices to be kept by county clerk and recorder.

    1. Every county clerk and recorder shall keep a grantor index and a grantee index in the clerk and recorder's office. The grantor index may be divided into seven columns, with heads to the respective columns as follows:
    2. The clerk and recorder shall make correct entries in the grantor index of every document filed or recorded, as required by law, concerning or affecting real estate, under the appropriate headings, entering the names of the grantors in alphabetical order.
    1. The grantee index may be divided into seven columns, with heads to the respective columns as follows:
    2. The clerk and recorder shall make correct entries in the grantee index of every document filed or recorded, as required by law, concerning or affecting real estate under the appropriate heading, entering the names of the grantees in alphabetical order.

    (2.5) The county clerk and recorder shall properly enter a recorded document in the grantor and grantee indices as soon as practicable but not later than seven business days after the date on which the document is recorded.

    1. In counties with the capability, the county clerk and recorder may substitute printouts, microfiches, aperture cards, or other legible photographic or electronic processes for the books and indices required by subsections (1) and (2) of this section. The security and public inspection provisions of section 30-10-407 shall apply to all such printouts, microfiches, aperture cards, or other photographic or electronic records. Both the grantor and grantee indices may be combined in one alphabetical listing with proper coding to indicate grantor and grantee, with both the grantor and grantee appearing in proper alphabetical order.
    2. A general index of releases may be maintained on printouts, microfiches, or aperture cards, by other legible photographic or electronic process, or in a separate book of releases containing a space to enter new index numbers of releases on a numerical listing of the original recording information of the document being released.
    3. Records kept under the provisions of this subsection (3) may substitute reception or index numbers for volume, film, or page numbers, and any electronic records may contain indices for as many years as the county clerk and recorder may deem useful for public inspection.

Time of Names of Names of Type of Reception Grantors Grantees Document Volume and Description Page Where Remarks of Recorded Tract

Time of Names of Names of Type of Reception Grantors Grantees Document Volume and Description Page Where Remarks of Recorded Tract

Source: G.L. § 484. G.S. § 579. L. 1889: p. 105, § 1. R.S. 08: § 1262. C.L. § 8737. CSA: C. 45, § 84. CRS 53: § 35-4-8. C.R.S. 1963: § 35-4-8. L. 81: (2)(b) amended and (3) added, p. 1435, § 2, effective January 1, 1982. L. 82: (2)(b) amended, p. 625, § 30, effective April 2. L. 96: Entire section amended, p. 1557, § 5, effective July 1. L. 2002: (3) amended, p. 790, § 3, effective August 7. L. 2004: (2.5) added, p. 377, § 2, effective July 1.

ANNOTATION

The purpose of this and the following section is to furnish a ready and generally convenient means of reference to the matters contained in the books of record. People ex rel. Federal Land Bank v. Ginn, 106 Colo. 417 , 106 P.2d 479 (1940).

This section requires every county clerk and recorder to maintain grantor-grantee indices. Guaranty Bank & Trust Co. v. LaSalle Nat'l Bank Ass'n, 111 P.3d 521 (Colo. App. 2004).

There is no mandatory requirement in this and the following section that a description of the property conveyed be noted therein. People ex rel. Federal Land Bank v. Ginn, 106 Colo. 417 , 106 P.2d 479 (1940).

Correct entries in these books do not excuse a mistake made in transcribing an instrument on the record proper. People ex rel. Federal Land Bank v. Ginn, 106 Colo. 417 , 106 P.2d 479 (1940).

The failure of an interested party to search and examine the reception book and indices does not release a clerk and recorder from liability for neglect in failing to correctly transcribe an instrument on the record proper. People ex rel. Federal Land Bank v. Ginn, 106 Colo. 417 , 106 P.2d 479 (1940).

Nor does the mere constructive notice which the registration statutes impute from the filing of a conveyance for record, which is for the protection of those claiming under the conveyance, exist for the protection of the recording officer for nonperformance of official duty. People ex rel. Federal Land Bank v. Ginn, 106 Colo. 417 , 106 P.2d 479 (1940).

30-10-409. Reception book - form - contents - acceptance for recording.

  1. The county clerk and recorder shall also keep a reception book, each page of which shall be divided into five columns, with heads to the respective columns as follows:
  2. When any document has been accepted by the clerk and recorder for recording and the proper fee has been paid, such document shall be deemed to be recorded for all purposes. After a document has been received, the clerk and recorder shall endorse upon such document information, which may be in electronic form, noting the day, hour, and minute of its acceptance for recording, the index or reception number, the volume, film or page where recorded, if such are used, and the fee received for recording the same and shall immediately make an entry of the same in the reception book, under the appropriate heading, with the amount paid as fee for recording the same. A document shall be deemed accepted as of the date and time of its endorsement. The clerk and recorder's endorsement may be done electronically. When such endorsement is made electronically, the endorsement shall be immediately perceptible and reproducible. Any document, except those filed and recorded pursuant to section 38-29-205, C.R.S., that is received by 1 p.m. on a business day shall be endorsed by the end of that day. Any document that is received after 1 p.m. on a business day shall be endorsed by 5 p.m. on the following business day. Those documents received pursuant to section 38-29-205, C.R.S., shall be endorsed by the clerk and recorder within three business days. After a document has been endorsed and processed for recording, the clerk and recorder, without additional fee or charge, shall deliver it by regular mail, electronic delivery, or personal delivery to the person authorized to receive the same, writing the name of the person to whom it is delivered in an appropriate column in the reception book.
  3. In counties with the capability, the county clerk and recorder may substitute printouts, microfiches, aperture cards, or other legible photographic or electronic processes for the reception book required by this section; except that proper audit controls of cash receipts shall be maintained in compliance with governmental audit procedures.
  4. No clerk and recorder shall be bound to perform any of the duties required to be performed for which a fee is required unless such fee has been paid or tendered.
  5. A clerk and recorder who decides to accept electronic filings shall establish procedures for such electronic filings that are consistent with any standards or rules established by the electronic recording technology board pursuant to section 24-21-403, C.R.S. No electronic filings shall be accepted by the clerk and recorder until the clerk and recorder has established and made publically available the procedures for electronic filings. Nothing in this article shall be interpreted to require any clerk and recorder to accept electronic filings. Nothing in this article shall abridge the power of any clerk and recorder to accept or reject electronic filings in accordance with the provisions of section 38-35-202, C.R.S.
    1. The deadlines set forth in sections 30-10-407 (4.3) and 30-10-408 (2.5) and subsection (2) of this section shall be extended for a reasonable period of time if an extenuating circumstance prevents the clerk and recorder from meeting such deadlines.
    2. As used in this subsection (6), "extenuating circumstance" means a disaster, as defined in section 24-33.5-703 (3), C.R.S., or a technical difficulty related to computer hardware or software that is outside the control of the clerk and recorder.
    3. No deadline shall be extended pursuant to this subsection (6), unless the clerk and recorder makes a written finding of extenuating circumstances that is available to the public. Such finding shall include the deadline that has been extended, the reason for the extension, and the period of the extension.
    4. In the case of an extension related to a technical difficulty related to computer hardware or software, the period of extension shall not exceed seven days.

Time Names Names To of of of Whom Fees Reception Grantors Grantees Delivered Recei ved

Source: G.L. § 485. G.S. § 580. R.S. 08: § 1263. C.L. § 8738. CSA: C. 45, § 85. CRS 53: § 35-4-9. C.R.S. 1963: § 35-4-9. L. 81: (3) added, p. 1436, § 3, effective January 1, 1982. L. 96: Entire section amended, p. 1559, § 6, effective July 1. L. 2002: (2) and (3) amended and (5) added, p. 790, § 4, effective August 7. L. 2004: (2) amended and (6) added, p. 377, § 3, effective July 1; (5) amended, p. 1157, § 1, effective July 1. L. 2009: (2) amended, (SB 09-040), ch. 9, p. 62, § 2, effective July 1. L. 2013: (6) (b) amended, (HB 13-1300), ch. 316, p. 1694, § 96, effective August 7. L. 2016: (5) amended, (SB 16-115), ch. 356, p. 1481, § 4, effective June 10.

30-10-410. File of plats or maps - index - names.

The clerk and recorder shall maintain a file of all subdivision plats presented for recording in accordance with law and all common interest community plats or maps presented for recording in accordance with section 38-33.3-201, C.R.S. Subdivision plats shall be indexed in the grantor index under the name of the person that signs and acknowledges the plat as the owner and dedicator and in the grantee index under the name of the plat shown thereon. The clerk and recorder shall also keep an alphabetical index of such subdivision plats by the name of the plat. Common interest community plats or maps shall be indexed in the same manner as the declaration for such community, as provided in section 38-33.3-201, C.R.S.

Source: G.L. § 486. G.S. § 581. R.S. 08: § 1264. C.L. § 8739. CSA: C. 45, § 86. CRS 53: § 35-4-10. C.R.S. 1963: § 35-4-10. L. 96: Entire section amended, p. 1559, § 7, effective July 1.

30-10-411. Index of records - grantors - grantees. (Repealed)

Source: G.L. § 487. G.S. § 582. R.S. 08: § 1265. C.L. § 8740. CSA: C. 45, § 87. CRS 53: § 35-4-11. C.R.S. 1963: § 35-4-11. L. 96: Entire section repealed, p. 1560, § 8, effective July 1.

30-10-412. Recording of papers in bankruptcy. (Repealed)

Source: L. 39: p. 236, § 1. CSA: C. 45, § 87(1). CRS 53: § 35-4-12. C.R.S. 1963: § 35-4-12. L. 96: Entire section repealed, p. 1560, § 9, effective July 1.

30-10-413. Certified copies prima facie evidence.

Copies of all documents recorded or filed in the office of the clerk and recorder and transcripts from the records kept therein, certified by the clerk and recorder under the seal of his or her office, shall be prima facie evidence in all cases.

Source: G.L. § 488. G.S. § 583. R.S. 08: § 1266. C.L. § 8741. CSA: C. 45, § 88. CRS 53: § 35-4-13. C.R.S. 1963: § 35-4-13. L. 96: Entire section amended, p. 1560, § 10, effective July 1.

ANNOTATION

Public record is prima facie evidence of collateral matters appropriately incorporated therein when the document has been signed under oath and properly attested to, as such precautions afford at least a presumption of trustworthiness with respect to matters contained within the document. Oak Creek Power Co. v. Colo. River Water Conservation Dist., 182 Colo. 389 , 514 P.2d 323 (1973).

Under this section, articles of incorporation, when so recorded, may be used in evidence for the purpose of establishing any fact other than that of corporate existence; and, even without this provision of the law, it is held that where the record or document appointed by law is not part of the fact to be proved, but is merely a collateral or subsequent memorial of the fact, it has not this exclusive character, but any other legal proof is admitted. Thus, the date of incorporation is a secondary fact, and could be proved by collateral circumstances or parol evidence. Schiffer v. Adams, 13 Colo. 572, 22 P. 964 (1889).

30-10-414. Abstract of deeds - contents. (Repealed)

Source: L. 1874: p. 50, § 1. G.L. § 424. G.S. § 584. R.S. 08: § 1267. C.L. § 8742. CSA: C. 45, § 89. L. 51: p. 301, § 1. CRS 53: § 35-4-14. L. 59: p. 345, § 1. C.R.S. 1963: § 35-4-14. L. 83: Entire section repealed, p. 513, § 4, effective May 16.

30-10-415. Tax sales excepted.

Nothing in this article shall be construed to require the recording of certificates of sale or redemption of land for taxes.

Source: L. 1879: p. 49, §§ 1, 2. G.S. §§ 585, 586. R.S. 08: §§ 1268, 1269. C.L. §§ 8743, 8744. CSA: C. 45, §§ 90, 91. CRS 53: § 35-4-15. C.R.S. 1963: § 35-4-15. L. 73: p. 1156, § 2. L. 96: Entire section amended, p. 1561, § 11, effective July 1.

ANNOTATION

The clerk is required to keep indices of a certain character. Treat v. McDonough, 148 Colo. 603 , 367 P.2d 587 (1961).

Right of general public to inspect and copy. At common law, due to land ownership by a very limited number of people, there was no general public right to inspect or copy public records; however, this concept later gave way, particularly in the United States, to a recognition of such a right due to our belief in widespread ownership of real property. Treat v. McDonough, 148 Colo. 603 , 367 P.2d 587 (1961).

30-10-416. Clerk to administer oaths or affirmations - take affidavit or deposition.

The county clerk and recorders of the several counties in the state of Colorado are authorized, within their respective counties, to administer all oaths or affirmations required to be taken by any person upon any lawful occasion, and to take affidavits and depositions concerning any matter or thing, process, or proceeding pending or to be commenced in any court, or any occasion wherein such affidavit or deposition is authorized or required by law to be taken.

Source: G.L. § 425. G.S. § 587. R.S. 08: § 1270. C.L. § 8745. CSA: C. 45, § 92. CRS 53: § 35-4-16. C.R.S. 1963: § 35-4-16. L. 64: p. 382, § 6. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 697, § 23, effective August 8.

Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

30-10-417. False oaths, perjury.

Oaths and affirmations, affidavits, and depositions administered or taken as provided in section 30-10-416 shall subject any person, who falsely swears or affirms to matters material to any issue or point in question, to the penalties provided by law for persons guilty of perjury in the second degree.

Source: G.L. § 426. G.S. § 588. R.S. 08: § 1271. C.L. § 8746. CSA: C. 45, § 93. CRS 53: § 35-4-17. C.R.S. 1963: § 35-4-17. L. 72: p. 557, § 11.

Cross references: For perjury in the second degree, see § 18-8-503.

30-10-418. Fees of county clerk and recorder for administering oaths.

For administering oaths and taking affidavits or depositions, as provided in section 30-10-416, county clerk and recorders shall receive the fee prescribed by section 30-1-103 (2)(a).

Source: G.L. § 427. G.S. § 589. R.S. 08: § 1272. C.L. § 8747. CSA: C. 45, § 94. CRS 53: § 35-4-18. C.R.S. 1963: § 35-4-18. L. 83: Entire section amended, p. 1226, § 6, effective July 1.

30-10-419. Writs of attachment recorded. (Repealed)

Source: L. 1887: p. 127, § 105. Code 08: § 116. CRS 53: § 35-4-19. C.R.S. 1963: § 35-4-19. L. 83: Entire section amended, p. 1226, § 7, effective July 1. L. 96: Entire section repealed, p. 1561, § 12, effective July 1.

30-10-420. Maintenance of trade name registration.

Every county clerk and recorder shall maintain trade name registration records provided by the department of revenue.

Source: L. 83: Entire section added, p. 984, § 4, effective July 1, 1985.

30-10-421. Filing surcharge - definitions.

    1. (Deleted by amendment, L. 2014.)
    2. Beginning July 1, 2004, and through December 31, 2026, the county clerk and recorder shall collect a surcharge of one dollar for each document received for recording or filing in his or her office. The surcharge shall be in addition to any other fees permitted by statute.
    3. Beginning January 1, 2017, and through December 31, 2021, the county clerk and recorder shall collect the surcharge imposed by the electronic recording technology board under section 24-21-403 (2), C.R.S., for each document received for recording or filing in his or her office. The surcharge is in addition to any other fees permitted by statute.

    (1.5) The surcharge described in subsection (1) of this section shall not be collected on any filing received by the county clerk and recorder as an authorized agent of the executive director of the department of revenue pursuant to section 38-29-128 or 42-6-121, C.R.S.

  2. Repealed.
    1. A county clerk and recorder shall transmit monthly each surcharge collected in accordance with paragraph (c) of subsection (1) of this section to the state treasurer, who shall credit the same to the electronic recording technology fund created in section 24-21-404, C.R.S. Any money transmitted to the state treasurer is collected on behalf of the electronic recording technology board and is excluded from the county's fiscal year spending.
    2. The county clerk and recorder shall retain the proceeds of the surcharge collected pursuant to paragraph (b) of subsection (1) of this section. Such proceeds shall be utilized to defray the costs of establishing, maintaining, improving, or replacing an electronic filing system.
    3. The county clerk and recorder shall place all surcharges that he or she retains pursuant to this subsection (3) in a separate, segregated account.
  4. County governments shall be exempt from all fees authorized to be collected under the provisions of this section if the county or any agency thereof is the grantor or grantee of the document being recorded or if a delegate child support enforcement unit files or records documents for the purpose of collecting child support, child support arrears, maintenance, maintenance when combined with child support, retroactive support, or child support debt.
  5. (Deleted by amendment, L. 2004, p. 748 , § 1, effective May 12, 2004.)
  6. As used in this part 4, unless the context otherwise requires:
    1. (Deleted by amendment, L. 2016.)
    2. "Electronic filing system" means the document management system used by the clerk and recorder to comply with the statutory requirements set forth in this part 4 for:
      1. Electronic documents received for recording or filing in his or her office; and
      2. Paper documents received for recording or filing in the clerk and recorder's office that are converted from paper, microfilm, or microfiche into an electronic format.
    3. (Deleted by amendment, L. 2016.)

Source: L. 2002: Entire section added, p. 791, § 5, effective August 7. L. 2003: (1.5) added, p. 966, § 1, effective April 17. L. 2004: (1), (2), (3), and (5) amended, p. 748, § 1, effective May 12; (1)(b), (2), and (3) amended and (6) added, p. 1157, § 2, effective July 1. L. 2006: (1)(b) and (3)(b)(II) amended, p. 298, § 1, effective August 7. L. 2011: (1)(b) amended, (HB 11-1313), ch. 226, p. 971, § 1, effective August 10. L. 2014: (1) and IP(3)(b) amended and (2) and (3)(a) repealed, (HB 14-1363), ch. 302, p. 1271, § 36, effective May 31. L. 2016: (1)(b), (3)(b), and (6) amended, (1)(c) added, and (3)(a) RC&RE, (SB 16-115), ch. 356, p. 1482, § 5, effective June 10.

30-10-422. Clerk and recorder technology fund. (Repealed)

Source: L. 2002: Entire section added, p. 792, § 5, effective August 7. L. 2004: (1) and (2) amended and (4) added, p.1159, § 3, effective July 1. L. 2014: Entire section repealed, (HB 14-1363), ch. 302, p. 1271, § 37, effective May 31.

30-10-423. Clerk and recorder technology panel - creation - powers - repeal. (Repealed)

Source: L. 2002: Entire section added, p. 792, § 5, effective August 7. L. 2004: (1), (4), (5), (6), (7), and (8) amended, p. 1159, § 4, effective July 1. L. 2006: (2)(a)(III) amended, p. 1736, § 26, effective June 6; (5)(a)(II) amended, p. 298, § 2, effective August 7.

Editor's note: Subsection (8) provided for the repeal of this section, effective July 1, 2008. (See L. 2004, p.1159 .)

30-10-424. Uniform administration - secretary of state. (Repealed)

Source: L. 2004: Entire section added, p. 1160, § 5, effective July 1. L. 2014: (1)(d) and (1)(f)(III) repealed and (1)(g) amended, (HB 14-1363), ch. 302, p. 1272, § 38, effective May 31. L. 2016: Entire section repealed, (SB 16-115), ch. 356, p. 1483, § 6, effective June 10.

PART 5 SHERIFF

Cross references: For sheriffs' fees, see § 30-1-104.

Law reviews: For article, "County Sheriffs in Colorado: Beyond the Myth", see 38 Colo. Law. 19 (Feb. 2009).

30-10-501. Sheriff - election - bond - insurance.

  1. A sheriff shall be elected in each county for the term of four years and, except as provided in subsection (2) of this section, before entering upon the duties of office, shall execute to the people of the state of Colorado a bond, with at least three sufficient sureties, in the sum of not less than five thousand nor more than twenty thousand dollars, which the board of county commissioners, or, if it is not in session, the county clerk and recorder, subject to the approval of such board at its next session thereafter, shall specify and approve. When approved, the bond shall be filed in the office of the county clerk and recorder, and no person shall be received as surety who is not worth at least two thousand dollars over and above the surety's just debts.
  2. In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage in an amount not less than ten thousand dollars on behalf of the sheriff to protect the people of the county from any malfeasance on the part of the sheriff while in office.

Source: G.L. § 489. G.S. § 593. R.S. 08: § 1273. C.L. § 8748. CSA: C. 45, § 95. CRS 53: § 35-5-1. L. 56: p. 128, § 2. C.R.S. 1963: § 35-5-1. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 560, § 15, effective August 11.

Cross references: For the election of county officers, see § 8 of art. XIV, Colo. Const., and § 1-4-206; for bonds executed by surety companies, see § 10-4-301; for the approval of official bonds, see § 24-13-116; for bonds of county officers, see § 30-10-110.

ANNOTATION

County sheriff is a "person" for the purposes of a civil rights action for damages under 42 U.S.C. § 1983. Wigger v. McKee, 809 P.2d 999 (Colo. App. 1990); Cortese v. Black, 838 F. Supp. 485 (D. Colo. 1993).

30-10-501.5. Qualifications.

  1. No person is eligible for nomination, election, or appointment to the office of sheriff unless the person:
    1. Is a citizen of the United States, is a citizen of the state of Colorado, and is a resident of the county to which the person is to be appointed or elected;
    2. Possesses a high school diploma or its equivalent or a college degree;
    3. Has had a complete set of fingerprints taken by a qualified law enforcement agency and has submitted a receipt evidencing the fingerprinting at the time of filing his or her written acceptance pursuant to section 1-4-601 (3), 1-4-906, or part 10 of article 4 of title 1, or at the time of filing an affidavit of intent pursuant to section 1-4-1101, as applicable. The law enforcement agency shall forward the fingerprints to the Colorado bureau of investigation. The bureau shall utilize the fingerprints, its files and records, and those of the federal bureau of investigation for the purpose of determining whether the person has ever been convicted of or pleaded guilty or entered a plea of nolo contendere to any felony charge under federal or state laws. The Colorado bureau of investigation shall notify the county clerk and recorder of the county for which the person is a candidate of the results of the fingerprint analysis. If a conviction or plea is disclosed, the person is unqualified for the office of sheriff, unless pardoned. The results of the fingerprint analysis are confidential; except that the county clerk and recorder may divulge whether the person is qualified or unqualified for the office of sheriff.

Source: L. 90: Entire section added, p. 1444, § 1, effective April 5; (1)(c) and IP(2) amended, p. 303, § 4, effective June 8. L. 95: (1)(c) amended, p. 1106, § 46, effective May 31. L. 97: Entire section R&RE, p. 925, § 1, effective May 21. L. 2017: IP(1) and (1)(c) amended, (SB 17-209), ch. 234, p. 963, § 11, effective August 9.

ANNOTATION

When the general assembly enacted the original sheriff training statute in 1990, § 30-10-101.5, it lacked authority to impose any qualifications on the constitutionally created office of county sheriff. Jackson v. State, 966 P.2d 1046 (Colo. 1998).

Because the original sheriff training statute sought to impose qualifications for the job of sheriff in the form of certification requirements, it was unconstitutional. Jackson v. State, 966 P.2d 1046 (Colo. 1998).

The training and certification requirements contained in the reenacted sheriff training statute passed by the general assembly in 1996 could not be applied to county sheriffs during a term of office that began before the effective date of the new requirements. Jackson v. State, 966 P.2d 1046 (Colo. 1998).

30-10-501.6. Training.

  1. Every person elected or appointed to the office of sheriff for the first time shall:
    1. Attend a minimum of eighty clock hours at a new sheriff training course developed and facilitated either by the county sheriffs of Colorado, incorporated, or any other training resource agency approved by the Colorado peace officers standards and training board, the first time such training course is given after the person's election or appointment. The Colorado peace officers standards and training board shall have discretion to allow the substitution of any combination of education, experience, and training deemed by the board to be equivalent to such new sheriff training course.
    2. Obtain basic peace officer certification within one year of taking office. An extension may be granted by the Colorado peace officers standards and training board of up to one year to obtain such certification upon just cause shown. The Colorado peace officers standards and training board shall issue written findings of fact supporting such an extension.
  2. Every sheriff must possess basic peace officer certification and shall undergo at least the number of clock hours of in-service training required for all certified peace officers by the Colorado peace officers standards and training board, but in no case less than twenty hours. Such training shall be provided either by the county sheriffs of Colorado, incorporated, or any other training resource agency approved by the Colorado peace officers standards and training board, every year during such sheriff's term. The Colorado peace officers standards and training board shall have discretion to waive in-service training upon presentation of evidence by the sheriff demonstrating just cause for noncompletion of such training. The Colorado peace officers standards and training board shall have discretion to allow the substitution of any combination of education, experience, and training deemed by the board to be equivalent to such in-service training.
  3. The county shall only pay all reasonable costs and expenses of new sheriff and in-service training.

Source: L. 97: Entire section added, p. 926, § 2, effective May 21. L. 2017: (2) amended, (HB 17-1050), ch. 30, p. 86, § 1, effective August 9.

30-10-501.7. Enforcement.

  1. In the event a sheriff fails to comply with the requirements set forth in section 30-10-501.6, such sheriff's pay must be suspended by the board of county commissioners in accordance with subsection (2) of this section. Such sheriff's pay shall be reinstated with back pay by the board of county commissioners upon completion of said requirements in accordance with subsection (2) of this section.
  2. In any circumstances set forth in subsection (1) of this section, the Colorado peace officers standards and training board shall notify the board of county commissioners of the sheriff's failure to comply with the requirements of said subsection (1) and that state law requires the county commissioners to immediately suspend such sheriff's pay until the requirements of section 30-10-501.6 have been complied with. After the sheriff's compliance with the provisions of section 30-10-501.6, the Colorado peace officers standards and training board shall immediately notify the board of county commissioners of the sheriff's compliance and that state law requires the board of county commissioners to reinstate such sheriff's pay and provide him or her any back pay.

Source: L. 97: Entire section added, p. 926, § 2, effective May 21.

30-10-502. Form of bond.

If a sheriff executes a bond pursuant to section 30-10-501 (1), the condition of the bond shall be in substance as follows: "Whereas, the above bounden .......... was elected to the office of sheriff of the county of .........., on the .......... day of ..........; Now, the condition of this obligation is such that if the said ................ shall well and faithfully perform and execute the duties of the office of sheriff of said county of .......... while in office by virtue of said election without fraud, deceit, or oppression, shall pay over all moneys that may come into the hands of the sheriff, and shall deliver to the sheriff's successor in office all writs, papers, and other things pertaining to the office that may be so required by law, then the above obligations shall be void, otherwise to be and remain in full force and effect."

Source: G.L. § 490. G.S. § 594. R.S. 08: § 1274. C.L. § 8749. CSA: C. 45, § 96. CRS 53: § 35-5-2. C.R.S. 1963: § 35-5-2. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 560, § 16, effective August 11.

ANNOTATION

There can be no recovery upon an official bond outside its terms. Tate v. People ex rel. Dewees, 6 Colo. App. 202, 40 P. 471 (1895).

And it is the second condition of the statutory bond which applies to money collected by the sheriff, and it is the second condition of the bond in suit which undertakes to direct the disposition to be made by the sheriff of money received by him as an officer, and it requires him to turn the money over, not to the party entitled to it, but to his successors in office, so that the condition was not broken by his failure to pay it to the judgment creditor. Tate v. People ex rel. Dewees, 6 Colo. App. 202, 40 P. 471 (1895).

30-10-503. Sheriff assumes duties - when.

When the term of office of any sheriff expires and the sheriff-elect qualifies according to law, the county clerk and recorder shall issue a notice setting forth that said sheriff-elect has qualified according to law, which notice shall be served by the new sheriff on the former sheriff, whereupon such former sheriff shall immediately transfer and deliver to the new sheriff all the writs, processes, books, and papers belonging to the office, except as otherwise excepted in this part 5, and also the possession of the courthouse and jail of the county, and shall take from the new sheriff a receipt specifying the papers so delivered over and the prisoners in custody, if any, which receipt shall be sufficient indemnity to the person taking the same.

Source: G.L. § 498. G.S. § 602. R.S. 08: § 1285. C.L. § 8760. CSA: C. 45, § 107. CRS 53: § 35-5-3. C.R.S. 1963: § 35-5-3. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 17, effective August 11.

30-10-504. Undersheriff - duties - vacancy.

The sheriff of each county, as soon as may be after entering upon the duties of his office, shall appoint some proper person undersheriff of said county, who shall also be a general deputy, to serve during the pleasure of the sheriff. As often as a vacancy occurs in the office of such undersheriff, or he becomes incapable of executing the same, another shall in like manner be appointed in his place.

Source: G.L. § 491. G.S. § 595. R.S. 08: § 1275. C.L. § 8750. CSA: C. 45, § 97. CRS 53: § 35-5-9. C.R.S. 1963: § 35-5-9.

Cross references: For substitute officers having the same powers and compensation, see § 30-10-106.

ANNOTATION

Under this and the two following sections, the sheriff is primarily liable to any person who may be damaged by the improper official acts of his undersheriff, because in legal contemplation, all the acts of the undersheriff are the acts of the principal, for which he and his bondsmen are liable, while he has his remedy over against the undersheriff and his bondsmen; this being the law, the acts and doings of one as undersheriff could only be regarded by the defendant as those of the sheriff, insofar as they were the official acts of the office. Barton v. Continental Oil Co., 5 Colo. App. 341, 38 P. 432 (1894).

And where a deputy sheriff is acting in his official capacity and under color of his office, if in the performance thereof, he exceeds the limit of his authority, not only is the deputy himself liable to one injured thereby, but the sheriff and the latter's official surety are also liable. Corder v. People ex rel. Smiley, 87 Colo. 251, 287 P. 85 (1930).

But the sheriff is not responsible for the unofficial or extra-official acts of his deputy. Barton v. Continental Oil Co., 5 Colo. App. 341, 38 P. 432 (1894).

Nor are sureties of sheriff. For an unlawful act of a deputy sheriff, which is not committed by him in the discharge of his official duties, while he himself is liable to damages to one injured thereby, sureties on the official bond of a sheriff may not be held. Corder v. People ex rel. Smiley, 87 Colo. 251, 287 P. 85 (1930).

Thus, the act of an undersheriff in entering satisfaction and releasing an attachment of real estate is unofficial and void. Barton v. Continental Oil Co., 5 Colo. App. 341, 38 P. 432 (1894).

If the sheriff or undersheriff retains money received officially, the sheriff, as an officer of court, may be held liable to a proceeding for contempt, but such summary proceedings for the collection of a debt should be discouraged. Barton v. Continental Oil Co., 5 Colo. App. 341, 38 P. 432 (1894).

The service of garnishee process on a deputy does not act upon a fund in his hands collected under execution, because, in law, it is in the possession of the sheriff; neither does it relieve his principal from accounting for the money. Tate v. People ex rel. Dewees, 6 Colo. App. 202, 40 P. 471 (1895).

No estoppel as to sheriff. A sheriff is not, by the extra-official and unwarranted acts of his undersheriff in entering satisfaction and release of attachment of real estate, estopped to deny the receipt of the money. Tate v. People ex rel. Dewees, 6 Colo. App. 202, 40 P. 471 (1895).

30-10-505. Vacancy in office - powers of undersheriff.

When a vacancy occurs in the office of sheriff of any county, the undersheriff of such county shall in all things execute the office of sheriff until a sheriff is appointed or elected and qualified. Any default or misfeasance in office of such undersheriff in the meantime, as well as before such vacancy, shall be deemed to be a breach of the condition of the bond given by the sheriff who appointed the undersheriff or the insurance policy purchased by the county on the sheriff's behalf.

Source: G.L. § 492. G.S. § 596. R.S. 08: § 1276. C.L. § 8751. CSA: C. 45, § 98. CRS 53: § 35-5-4. C.R.S. 1963: § 35-5-4. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 18, effective August 11.

Cross references: For powers, duties, and compensation of person acting as sheriff when the office is vacant, see §§ 30-10-106, 30-10-518, and 30-10-604.

30-10-506. Deputies.

Each sheriff may appoint as many deputies as the sheriff may think proper and may revoke such appointments at will; except that a sheriff shall adopt personnel policies, including policies for the review of revocation of appointments. Before revoking an appointment of a deputy, the sheriff shall notify the deputy of the reason for the proposed revocation and shall give the deputy an opportunity to be heard by the sheriff. Persons may also be deputized by the sheriff or undersheriff in writing to do particular acts.

Source: G.L. § 493. G.S. § 597. R.S. 08: § 1277. C.L. § 8752. CSA: C. 45, § 99. CRS 53: § 35-5-5. C.R.S. 1963: § 35-5-5. L. 2006: Entire section amended, p. 133, § 1, effective August 7.

ANNOTATION

Analysis

I. GENERAL CONSIDERATION.

Law reviews. For article, "One Year Review of Torts", see 40 Den. L. Ctr. J. 160 (1963).

Sheriff's authority over deputies. This section and § 30-2-106 indicate that the general assembly intended to grant the sheriff exclusive power to appoint deputies and to fix their salaries, subject to the board of county commissioners' approval. Tihonovich v. Williams, 191 Colo. 144 , 582 P.2d 1051 (1978).

The sheriff, not the county or the board of county commissioners, has the right of control with respect to deputies. Tunget v. Bd. of County Comm'rs, 992 P.2d 650 (Colo. App. 2000); Bristol v. Bd. of County Comm'rs of Clear Creek, 312 F.3d 1213 (10th Cir. 2002).

Statute supersedes manual. An employee may not insist upon adherence to county or departmental policies and procedures regarding termination when this section specifically provides that the employee serves only at the will of an elected official. Therefore, a policy manual did not preclude a sheriff from exercising his statutory prerogative to terminate an employee. Seeley v. Bd. of County Comm'rs, 771 P.2d 21 (Colo. App. 1989), aff'd, 791 P.2d 696 ( Colo. 1990 ) (decided under law in effect prior to 2006 amendment) (but see Cummings v. Arapahoe County Sheriff's Dept., 2018 COA 136 , __ P.3d __, annotated below); Jackson v. Johns, 714 F. Supp. 1126 (D. Colo. 1989 ).

Responsibility of sheriffs. Because this section makes sheriffs responsible for the official acts of their deputies and undersheriffs, it is consistent that it grants authority to the sheriffs to dismiss deputy sheriffs at their pleasure. Therefore, a sheriff cannot limit his power to terminate deputy sheriffs because that would forbid something the state expressly authorized. Seeley v. Bd. of County Comm'rs, 791 P.2d 696 ( Colo. 1990 ) (decided under law in effect prior to 2006 amendment) (but see Cummings v. Arapahoe County Sheriff's Dept., 2018 COA 136 , __ P.3d __, annotated below).

Applied in Bailey v. Clausen, 192 Colo. 297 , 557 P.2d 1207 (1976).

II. APPOINTMENT OF DEPUTIES.

This section provides that sheriffs may appoint deputies and revoke the appointment at their pleasure. City & County of Denver v. Rinker, 148 Colo. 441 , 366 P.2d 548 (1961).

But it is not an unrestricted right. The fact that this section makes the sheriff liable for the acts of his deputies does not guarantee the unrestricted right to hire or discharge his employees without regard to the merit system of the city and county of Denver. City & County of Denver, v. Rinker, 148 Colo. 441 , 366 P.2d 548 (1961).

Before terminating a deputy, the sheriff must "notify the deputy of the reason for the proposed revocation" and "give the deputy an opportunity to be heard by the sheriff". Cummings v. Arapahoe County Sheriff's Dept., 2018 COA 136 , __ P.3d __.

The sheriff must also adopt policies "for the review of revocation of appointments". These policies may grant rights to deputies beyond those specified in statute, but these policies need not be binding. Cummings v. Arapahoe County Sheriff's Dept., 2018 COA 136 , __ P.3d __.

Sheriff acts under color of state law when he suspends deputy in reliance upon this section. Lontine v. VanCleave, 483 F.2d 966 (10th Cir. 1973).

Methods of concern to people. Because the office of sheriff is a county office and not a state office, the method of selection and tenure of the officer designated to carry out the duties of the position became the concern of the people of Denver by authority expressly granted to them by all of the people of the state under art. XX, Colo. Const., and this is true even though those officers might be required to perform duties which were of statewide concern such as the duties imposed by constitution upon the county clerk and recorder, county sheriff, treasurer or assessor. City & County of Denver v. Rinker, 148 Colo. 441 , 366 P.2d 548 (1961).

Appointment and removal upon merit and fitness in Denver. The people of Denver, acting under the powers given them by art. XX, Colo. Const., have so changed the method of appointment and removal of deputies by sheriffs so that in Denver the appointment and removal of such deputies is upon merit and fitness to perform the work. City & County of Denver v. Rinker, 148 Colo. 441 , 366 P.2d 548 (1961).

The career service amendment to the charter of the city and county of Denver encompasses within its scope the positions of deputy sheriffs and jailers. City & County of Denver v. Rinker, 148 Colo. 441 , 366 P.2d 548 (1961).

Sheriffs and jailers employees in Denver. Since in the city and county of Denver, the salaries of deputy sheriffs and jailers are not set by the charter they are therefore, by charter definition, employees. City & County of Denver v. Rinker, 148 Colo. 441 , 366 P.2d 548 (1961).

Sheriff must comply with home rule charter of Weld County in appointing and dismissing deputies where deputy sheriffs are subject to county personnel system as set forth in county policy manual. Bd. of County Comm'rs v. Andrews, 687 P.2d 457 (Colo. App. 1984).

Deputy could not be suspended for joining police union. Although a deputy sheriff may not have had a right, per se, to continued public employment under applicable Colorado law as a sheriff's deputy, and may not have been entitled to any form of notice or hearing either under the State Administrative Procedure Act, or under constitutional principles, he could not be suspended or dismissed for joining a police officers' union. Lontine v. VanCleave, 483 F.2d 966 (10th Cir. 1973).

III. LIABILITY OF SHERIFF.

Under this section a sheriff is liable only for the official acts of his deputies. McCartney v. Forster, 150 Colo. 537 , 374 P.2d 704 (1962).

Also, by this section sheriffs are made liable for the torts of their deputies. City & County of Denver v. Rinker, 148 Colo. 441 , 366 P.2d 548 (1961); Seeley v. Bd. of County Comm'rs, 791 P.2d 696 ( Colo. 1990 ); Tunget v. Bd. of County Comm'rs, 992 P.2d 650 (Colo. App. 1999); Peterson v. Arapahoe County Sheriff, 72 P.3d 440 (Colo. App. 2003).

Board of county commissioners cannot be held liable for actions of a sheriff's deputy under the doctrine of respondeat superior. Tunget v. Bd. of County Comm'rs, 992 P.2d 650 (Colo. App. 1999).

This section does not afford a basis for holding a sheriff liable, on a respondeat superior theory, for the willful and wanton conduct of a deputy in circumstances in which sovereign immunity has not been waived. Carothers v. Archuleta County Sheriff, 159 P.3d 647 (Colo. App. 2006).

If the arrest of the prisoner was not a lawful one, if made under a void warrant, or without a warrant in a case where a warrant is required, or if not made in such circumstances as justify the arrest without warrant, the officer was not acting in his official capacity, either by virtue of, or under color of, office. Johnson v. Enlow, 132 Colo. 101 , 286 P.2d 630 (1955).

Where the acts of a public officer are done without any legal process, or authority of law, they are not his official acts, but merely his private or personal acts, for which his sureties are not liable. Johnson v. Enlow, 132 Colo. 101 , 286 P.2d 630 (1955).

Where an alleged wrongful taking of property by a deputy was not in performance of any official duty as deputy sheriff, the sheriff was not liable. McCartney v. Foster, 150 Colo. 537 , 374 P.2d 704 (1962).

In an action for damages for death of realtor's son while confined in jail, and caused, as alleged, by conduct of the officials in charge thereof, complaint was considered and held not vulnerable to a general demurrer, and the trial court's ruling in sustaining the demurrer and dismissing the case was reversed. People ex rel. Coover v. Gunther, 105 Colo. 37 , 94 P.2d 699 (1939).

30-10-507. Liability of sheriff for deputy. (Repealed)

Source: G.L. § 501. G.S. § 605. R.S. 08: § 1288. C.L. § 8763. CSA: C. 45, § 110. CRS 53: § 35-5-6. C.R.S. 1963: § 35-5-6. L. 2006: Entire section repealed, p. 133, § 2, effective August 7.

30-10-508. Executor of sheriff liable. (Repealed)

Source: G.L. § 502. G.S. § 606. R.S. 08: § 1289. C.L. § 8764. CSA: C. 45, § 111. CRS 53: § 35-5-7. C.R.S. 1963: § 35-5-7. L. 2006: Entire section repealed, p. 134, § 3, effective August 7.

30-10-509. Liability of sheriff for neglect.

When any sheriff neglects to make due return of any writ of process delivered to the sheriff to be executed, or is guilty of any default or misconduct in relation thereto, the sheriff is liable to fine or attachment or both, at the discretion of the court, subject to appeal. The fine, however, shall not exceed two hundred dollars.

Source: G.L. § 505. G.S. § 609. R.S. 08: § 1292. C.L. § 8767. CSA: C. 45, § 114. CRS 53: § 35-5-8. C.R.S. 1963: § 35-5-8. L. 2006: Entire section amended, p. 134, § 4, effective August 7.

30-10-510. Appointment and revocation. (Repealed)

Source: G.L. § 494. G.S. § 598. R.S. 08: § 1278. C.L. § 8753. CSA: C. 45, § 100. CRS 53: § 35-5-10. C.R.S. 1963: § 35-5-10. L. 2006: Entire section repealed, p. 134, § 5, effective August 7.

30-10-511. Sheriff custodian of jail.

Except as provided in section 16-11-308.5, C.R.S., the sheriff shall have charge and custody of the jails of the county, and of the prisoners in the jails, and shall supervise them himself or herself or through a deputy or jailer.

Source: G.L. § 495. G.S. § 599. R.S. 08: § 1279. C.L. § 8754. CSA: C. 45, § 101. CRS 53: § 35-5-11. C.R.S. 1963: § 35-5-11. L. 88: Entire section amended, p. 677, § 4, effective July 1; entire section amended, p. 711, § 11, effective July 1. L. 2006: Entire section amended, p. 134, § 6, effective August 7.

ANNOTATION

Law reviews. For note, "Prisoners' Rights: Personal Security", see 42 U. Colo. L. Rev. 305 (1970).

Under this section, the general assembly has imposed the following duties upon a sheriff: The sheriff shall have charge and custody of the jails of his county, and of the prisoners in the same, and shall keep them himself, or by his deputy or jailer, for whose acts he and his sureties shall be liable. McMillan v. Hammond, 158 Colo. 40 , 404 P.2d 549 (1965).

A jailer or warden may be liable for an injury proximately resulting to a prisoner from a breach of duty with respect to such prisoner. McMillan v. Hammond, 158 Colo. 40 , 404 P.2d 549 (1965).

As, for example, a breach of duty to exercise due care for the safety of a prisoner generally, to keep the jail sanitary and warm, or to furnish food. McMillan v. Hammond, 158 Colo. 40 , 404 P.2d 549 (1965).

A county sheriff was entitled to possession of a room in the jail for his use as living quarter, notwithstanding the county commissioners had designated it for another purpose. Richart v. Bd. of Comm'rs, 95 Colo. 153 , 33 P.2d 971 (1934).

When a sheriff knows that his prisoner has been refused bail, it is a contempt of the court refusing the bail for the sheriff wilfully to permit the prisoner to be at large. Robran v. People, 173 Colo. 378 , 479 P.2d 976 (1971).

Sheriff must comply with home rule charter of Weld County in appointing and dismissing deputies where deputy sheriffs are subject to county personnel system as set forth in county policy manual. Bd. of County Comm'rs v. Andrews, 687 P.2d 457 (Colo. App. 1984).

Applied in Tihonovich v. Williams, 196 Colo. 144 , 582 P.2d 1051 (1978).

30-10-512. Sheriff to act as fire warden.

Subject to the provisions of the community wildfire protection plan prepared by the county in accordance with section 30-15-401.7, the sheriff of every county, in addition to other duties, shall act as fire warden of his or her respective county and is responsible for the coordination of fire suppression efforts in case of prairie, forest, or wildland fires or wildfires occurring in the unincorporated area of the county outside the boundaries of a fire protection district or that exceed the capabilities of the fire protection district to control or extinguish.

Source: L. 03: p. 176, § 1. R.S. 08: § 1280. C.L. § 8755. CSA: C. 45, § 102. CRS 53: § 35-5-12. C.R.S. 1963: § 35-5-12. L. 2009: Entire section amended, (SB 09-020), ch. 189, p. 829, § 4, effective April 30; entire section amended, (SB 09-001), ch. 30, p. 128, § 4, effective August 5.

Editor's note: Amendments to this section by Senate Bill 09-001 and Senate Bill 09-020 were harmonized.

Cross references: For duty of sheriff to report fires, see § 23-31-204.

30-10-513. Duties of sheriff - coordination of fire suppression efforts for forest, prairie, or wildland fire - expenses.

    1. Subject to the provisions of the community wildfire protection plan prepared by the county in accordance with section 30-15-401.7, it is the duty of the sheriff to assume the responsibility for coordinating fire suppression efforts in case of any prairie, forest, or wildland fire or wildfire occurring in the unincorporated area of the county outside the boundaries of a fire protection district or that exceed the capabilities of the fire protection district to control or extinguish.
    2. In the case of a prairie, forest, or wildland fire occurring within the boundaries of one or more fire protection districts that does not exceed the capabilities of the fire protection district to control or extinguish, the sheriff may assist the chief of the fire protection district in controlling or extinguishing such fire, and, in connection with such assistance, the sheriff may solicit such additional assistance from such persons as the sheriff and the fire chief deem necessary. The sheriff may assume command of such incidents with the concurrence of the fire chief.
    3. In the case of a prairie, forest, or wildland fire that exceeds the capabilities of the fire protection district to control or extinguish and that requires mutual aid and outside resources, the sheriff shall appoint a local incident management team to provide the command and control infrastructure required to manage the fire. The sheriff shall assume financial responsibility for fire fighting efforts on behalf of the county and the authority for the ordering and monitoring of resources.
    4. When a wildfire exceeds the capability of the county to control or extinguish, the sheriff shall be responsible for seeking the assistance of the state by requesting assistance from the division of fire prevention and control in the department of public safety. The sheriff and the director of the division of fire prevention and control shall enter into an agreement concerning the transfer of authority and responsibility for fire suppression and the retention of responsibilities under a unified command structure.
  2. The director of the division of fire prevention and control may assume any duty or responsibility given to the sheriff under this section with the concurrence of the sheriff.
  3. The board of county commissioners of any county may allow the sheriff, undersheriffs, deputies, municipal or county fire departments, fire protection districts, fire authorities, and such other persons as may be called upon to assist in controlling or extinguishing a prairie, forest, or wildland fire such compensation and reimbursement for other expenses necessarily incurred as the board deems just.
  4. The board of county commissioners of any county in the state may make such appropriation as it may deem proper for the purpose of controlling fires in its county. The board of county commissioners is authorized to levy a special tax subject to approval of the voters upon every dollar of valuation of assessment of the taxable property within the county for the purpose of creating a fund that shall be appropriated, after consultation with representatives of fire departments, fire protection districts, and fire authorities in the county, to prevent, control, or extinguish such fires anywhere in the county and to fix the rate of levy.

Source: L. 03: p. 176, § 2. R.S. 08: § 1281. C.L. § 8756. CSA: C. 45, § 103. L. 45: p. 299, § 1. CRS 53: § 35-5-13. C.R.S. 1963: § 35-5-13. L. 65: p. 925, § 4. L. 96: Entire section amended, p. 673, § 1, effective May 2. L. 2000: Entire section amended, p. 1303, § 6, effective May 26. L. 2009: Entire section amended, (SB 09-105), ch. 190, p. 831, § 1, effective April 30; entire section R&RE, (SB 09-020), ch. 189, p. 829, § 5, effective April 30; entire section amended, (SB 09-001), ch. 30, p. 128, § 5, effective August 5. L. 2010: (1)(b) amended, (HB 10-1422), ch. 419, p. 2119, § 163, effective August 11. L. 2013: (1) (d) and (2) amended, (HB 13-1300), ch. 316, p. 1694, § 97, effective August 7.

Editor's note:

  1. Amendments to this section by Senate Bill 09-001 and Senate Bill 09-020 were harmonized.
  2. This section was amended in Senate Bill 09-105. Those amendments were superseded by the repeal and reenactment of this section in Senate Bill 09-020. However, the intent of Senate Bill 09-105 was realized by the adoption the House Local Government committee of reference report to Senate Bill 09-020. (See the House Journal for March 18, 2009, page 770.)

Cross references: For the legislative declaration contained in the 2000 act amending this section, see section 6 of chapter 272, Session Laws of Colorado 2000.

30-10-513.5. Authority of sheriff relating to fires within unincorporated areas of county - liability for expenses.

    1. The sheriff of any county may request assistance from a fire protection district or municipality in controlling or extinguishing a fire occurring on private property if, in the judgment of such sheriff, the fire constitutes a danger to the health and safety of the public or a risk of serious damage to property. Except as provided in subsection (3) of this section, any fire protection district or municipality assisting in controlling or extinguishing such fire is entitled to reimbursement from the property owner on whose property the fire occurred or from the party responsible for the occurrence of such fire for the reasonable and documented costs resulting from such assistance. The fire protection district or municipality may recover the costs incurred in a civil action against the property owner or the responsible party or may, by resolution of its board or governing body adopted at a public hearing after notice to the affected parties, certify to the county treasurer the amount of any costs incurred that remains uncollected after diligent effort for a period greater than one hundred eighty days. Such certification is subject to the appeal process and all other remedies, if any, provided in the "State Administrative Procedure Act", article 4 of title 24, C.R.S. If the fire protection district or municipality prevails, the amount certified shall be collected by the treasurer in the same manner as taxes are authorized to be collected pursuant to section 39-10-107 , C.R.S. To defray the costs of collection, the treasurer shall be authorized to charge an amount equal to ten percent of the amount collected.
    2. For purposes of this subsection (1), "fire occurring on private property" means:
      1. A fire occurring on property not located within a fire protection district or municipality providing fire protection services.
      2. (Deleted by amendment, L. 93, p. 1253 , § 1, effective July 1, 1993.)
    1. An owner of private property who has contracted with a fire protection district for fire protection services shall advise the sheriff of such contract and any fire protection districts with which such district has mutual aid agreements. In the event that a fire occurs on such property, the sheriff shall make a reasonable attempt to secure the services from such district. If the district does not respond, he shall make a reasonable attempt to secure such services from any of the districts with which such district has mutual aid agreements. If services cannot be secured, the sheriff, in his discretion, may attempt to secure fire protection services from any other district or municipality, and, if services are provided, the owner of the property or the party responsible for the fire shall be liable for the costs incurred by such district or municipality. Such costs may be assessed and collected in the manner provided in subsection (1) of this section.
    2. No sheriff shall be held liable for failure to secure fire protection services as required by paragraph (a) of this subsection (2) unless the failure was due to willful misconduct, gross negligence, or bad faith.
  3. Any property owner who desires to conduct a controlled burn of a structure or building located on such property shall notify the county sheriff of the date when such controlled burn will be conducted. Any property owner providing such notification shall not be liable for any costs under this section resulting from the response by a fire protection district or municipality to such controlled burn due to any person informing or warning such district or municipality of the fire arising from such burn.

Source: L. 89: Entire section added, p. 1279, § 1, effective April 26. L. 93: (1) amended and (3) added, p. 1253, § 1, effective July 1. L. 2000: (1)(a) amended, p. 1304, § 7, effective May 26.

Cross references: For the legislative declaration contained in the 2000 act amending subsection (1)(a), see section 7 of chapter 272, Session Laws of Colorado 2000.

30-10-514. Sheriff to transport prisoners.

It is the duty of any sheriff transporting prisoners to a correctional facility, as defined in section 17-1-102, C.R.S., or other place of confinement to convey to such facility or other place of confinement at one time all prisoners who may have been convicted and sentenced and who are ready for such transportation. If any sheriff fails or neglects to carry out the provisions of this section, the boards of county commissioners may disallow any such sheriff's bill for such extra trips as in their discretion are unnecessary. This section shall not apply to the transportation of the insane.

Source: L. 1897: p. 256, § 1. R.S. 08: § 1282. C.L. § 8757. CSA: C. 45, § 104. CRS 53: § 35-5-14. C.R.S. 1963: § 35-5-14. L. 79: Entire section amended, p. 704, § 83, effective July 1.

Cross references: For necessary expenses of and mileage allowance to sheriffs for transporting prisoners, see § 30-1-104 (1)(w).

ANNOTATION

The sheriff conveying several prisoners to the penitentiary or other place of detention is entitled to but one mileage for the service of the mittimus, no matter what may be the number of his prisoners, so he is entitled to but one mittimus mileage for all prisoners, who, being convicted and sentenced, are ready to be transported at the same time, however transported, whether by separate trips, or otherwise, but he is entitled to mileage for each prisoner so transported, whether in one or several trips. Bd. of Comm'rs v. Campbell, 52 Colo. 440, 123 P. 317 (1912).

Applied in Tihonovich v. Williams, 196 Colo. 144 , 582 P.2d 1051 (1978).

30-10-515. Sheriff to execute writs - attend court.

The sheriff, in person or by his undersheriff or deputy, shall serve and execute, according to law, all processes, writs, precepts, and orders issued or made by lawful authority and to him directed, and shall serve the several courts of record held in his county.

Source: G.L. § 496. G.S. § 600. R.S. 08: § 1283. C.L. § 8758. CSA: C. 45, § 105. CRS 53: § 35-5-15. C.R.S. 1963: § 35-5-15.

Cross references: For sheriff's duty to serve on tender of fee, see § 30-1-106.

ANNOTATION

A sheriff is an officer of the court charged with the duty of carrying out the orders and decrees of the court. Struble v. Barger, 128 Colo. 188 , 261 P.2d 497 (1953).

But sheriffs are not required to be learned in the law and when the sheriff obeys the order of the judge, he is not liable for so doing. Struble v. Barger, 128 Colo. 188 , 261 P.2d 497 (1953).

Because the sheriff is "an executive officer, whose sole duty is to execute, and not to decide on the truth or sufficiency of the processes committed to him for service". Struble v. Barger, 128 Colo. 188 , 261 P.2d 497 (1953).

Also, the sheriff is protected because it would be inequitable and unjust to hold him responsible for acts of others over whom he has no control and for defects of which he had no notice; to hold otherwise would mean that the officer must act at his peril or delay until he has had an opportunity to search out legal niceties of procedure or substantive law. Struble v. Barger, 128 Colo. 188 , 261 P.2d 497 (1953).

In the execution of process, the power possessed by the sheriff is conferred by the statutes, and no power exists in him except such as is expressly so conferred or may be fairly implied. McArthur v. Boynton, 19 Colo. App. 234, 74 P. 540 (1903).

The sheriff is the only officer to whom processes, writs, and orders of courts may be directed. Blitz v. Moran, 17 Colo. App. 253, 67 P. 1020 (1902).

In a judicial foreclosure of a mortgage the sheriff alone is authorized to execute the decree of foreclosure and sell the land, and it is error for the court to appoint a commissioner, other than the sheriff, to make such foreclosure sale, where such appointment is at the time objected to. Blitz v. Moran, 17 Colo. App. 253, 67 P. 1020 (1902).

An officer cannot execute process unless it is directed to him for service, or to the class of officers to which he belongs, and no statute authorized the execution of process issuing from justices' courts in civil actions, by sheriffs or their deputies, as such. Porter v. Stapp, 6 Colo. 32 (1881).

Where a writ of attachment directed to the sheriff of one county was attempted to be executed by the sheriff of another county levying it upon property in his county, the levy was void and could not be cured by amendment after the attempted levy by changing the direction of the writ to the county in which the levy was made. McArthur v. Boynton, 19 Colo. App. 234, 74 P. 540 (1903).

Since a distraint warrant was a nonjudicial process, precept, or order made by lawful authority, it was the duty of the sheriff to serve and execute the same according to law. Goldsmith v. McAnally, 92 Colo. 384 , 20 P.2d 1009 (1933).

And the issuance of a distraint warrant did not constitute a delegation of power to collect by the treasurer to the sheriff; in rendering the services, the sheriff merely acted as a peace officer in the performance of his duty. Goldsmith v. McAnally, 92 Colo. 384 , 20 P.2d 1009 (1933).

A scire facias or summons to hear errors issued by the clerk of the supreme court must be directed to the sheriff of the county where the defendant in error resides or may be found, and no other person than such sheriff or his authorized deputy has authority to serve such summons; an attempted service of such summons made by a person not authorized by law to make such service is a nullity. Wellington v. Beck, 29 Colo. 73, 66 P. 881 (1901).

Applied in Tihonovich v. Williams, 196 Colo. 144 , 582 P.2d 1051 (1978).

30-10-516. Sheriffs to preserve peace - command aid.

It is the duty of the sheriffs, undersheriffs, and deputies to keep and preserve the peace in their respective counties, and to quiet and suppress all affrays, riots, and unlawful assemblies and insurrections. For that purpose, and for the service of process in civil or criminal cases, and in apprehending or securing any person for felony or breach of the peace, they, and every coroner, may call to their aid such person of their county as they may deem necessary.

Source: G.L. § 497. G.S. § 601. R.S. 08: § 1284. C.L. § 8759. CSA: C. 45, § 106. CRS 53: § 35-5-16. C.R.S. 1963: § 35-5-16. L. 64: p. 383, § 7.

Cross references: For authority of a peace officer to command aid, see §§ 16-3-202 and 18-8-107.

ANNOTATION

It is the duty of sheriffs to preserve peace and quiet, prevent acts of malicious mischief, disperse unlawful assemblages, and arrest, without warrant, persons violating the laws relative to such acts. Corder v. People ex rel. Smiley, 87 Colo. 251, 287 P. 85 (1930).

Denver deputies not granted same police powers as other deputies. There is no authority, constitutional or statutory, granting to deputy sheriffs of the city and county of Denver the same general police powers given sheriffs and their deputies in other counties. Int'l Bhd. of Police Officers, Local 127 v. City & County of Denver, 185 Colo. 50 , 521 P.2d 916 (1974).

Departmental rules and directives of the manager of safety govern a deputy sheriff's duties in Denver. Int'l Bhd. of Police Officers, Local 127 v. City & County of Denver, 185 Colo. 50 , 521 P.2d 916 (1974).

Jury questions. Whether or not certain acts in the nature of Halloween pranks constituted a disturbance, and whether an assemblage of boys was unlawful, was held for the jury to determine. Corder v. People ex rel. Smiley, 87 Colo. 251, 287 P. 85 (1930).

Applied in Tihonovich v. Williams, 196 Colo. 144 , 582 P.2d 1051 (1978).

30-10-517. Outgoing sheriff may proceed with writs.

Every sheriff going out of office at the expiration of the sheriff's term and having any order of fieri facias or fee bill that the sheriff has levied but not collected shall collect such execution or fee bill in the same manner as if the sheriff's term of office had not expired.

Source: G.L. § 499. G.S. § 603. R.S. 08: § 1286. C.L. § 8761. CSA: C. 45, § 108. CRS 53: § 35-5-17. C.R.S. 1963: § 35-5-17. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 19, effective August 11.

ANNOTATION

Which surety liable. Where money came into the hands of a sheriff by sale of perishable property under a writ of attachment and, pending the litigation in the attachment suit but after the sale of the property, the sheriff's term of office expired and he was reelected and gave a new official bond and when the attachment suit was ended the sheriff defaulted in the payment of the attachment fund, the sureties on his official bond at the time of the execution of the writ and sale of the property were liable for his default. People ex rel. Schayer v. Kendall, 14 Colo. App. 175, 59 P. 409 (1899).

Running of statute of limitations. Where a sheriff converted to his own use of money received from the sale of property under a writ of attachment, the statute of limitations would not begin to run against an action by the attachment plaintiff on the official bond of the sheriff to recover the money converted until final judgment was entered in the attachment suit in favor of plaintiff, both as to the attachment defendant and an intervener claiming the property. People ex rel. Tritch v. Cramer, 15 Colo. 155, 25 P. 302 (1890); People ex rel. Schayer v. Kendall, 14 Colo. App. 175, 59 P. 409 (1899); Rose v. Dunklee, 12 Colo. App. 403, 56 P. 342 (1899).

30-10-518. Coroner when acting as sheriff.

The provisions of sections 30-10-503 and 30-10-517 shall apply to all coroners when by virtue of the laws of the state they are required to perform the duties of sheriff.

Source: G.L. § 500. G.S. § 604. R.S. 08: § 1287. C.L. § 8762. CSA: C. 45, § 109. CRS 53: § 35-5-18. C.R.S. 1963: § 35-5-18.

30-10-519. Service on sheriff, made how.

Every paper required by law to be served on the sheriff may be served on him in person or left at his office during business hours.

Source: G.L. § 503. G.S. § 607. R.S. 08: § 1290. C.L. § 8765. CSA: C. 45, § 112. CRS 53: § 35-5-19. C.R.S. 1963: § 35-5-19.

30-10-520. Sheriff not to act as attorney.

No sheriff, undersheriff, or deputy shall appear or advise as attorney or counselor in any case in any court.

Source: G.L. § 504. G.S. § 608. R.S. 08: § 1291. C.L. § 8766. CSA: C. 45, § 113. CRS 53: § 35-5-20. C.R.S. 1963: § 35-5-20.

30-10-521. Illegal fees - penalty.

No sheriff shall directly or indirectly ask, demand, or receive for any service to be performed by him in the discharge of any of his official duties any greater fees than are allowed by law, on penalty of forfeiture of treble damages to the party aggrieved, and being fined in a sum not less than twenty-five dollars and not more than two hundred dollars.

Source: G.L. § 506. G.S. § 610. R.S. 08: § 1293. C.L. § 8768. CSA: C. 45, § 115. CRS 53: § 35-5-21. C.R.S. 1963: § 35-5-21.

ANNOTATION

Under this section the proceedings are against the sheriff personally, and there is no provision making the sureties liable upon the official bond in treble damages for a crime or misdemeanor of the principal. State Bank v. Brennan, 7 Colo. App. 427, 43 P. 1050 (1896).

This section refers only to fees, and not to actual reasonable expenses incurred in caring for the property held by the sheriff under attachment, and the court has determined that the sheriff is entitled to reimbursement for reasonable charges incurred in taking possession of, removing and keeping property taken on a writ of attachment. Cramer v. Brasher, 15 Colo. 216, 25 P. 180 (1890).

The sheriff may be reimbursed for money expended in taking and preserving property seized under valid process, but such costs are allowable only to the extent of reasonable and actual as well as necessary expenditures. Cramer v. Oppenstein, 16 Colo. 495, 27 P. 713 (1891).

But for the making of an inventory of attached property which is not a matter necessarily involving the expenditure of money out of pocket and thus the sheriff is not entitled to costs therefor in addition to the statutory fees. Cramer v. Oppenstein, 16 Colo. 495, 27 P. 713 (1891).

The sheriff has an insurable interest in property seized in execution; but he cannot subject the execution debtor to the cost of insurance without his express consent. Cramer v. Oppenstein, 16 Colo. 495, 27 P. 713 (1891).

Where the sheriff retains moneys above his proper fees and costs, the party entitled to the surplus may recover the same by action, and the remedy in such cases is not limited to a proceeding to retax the sheriff's fees and costs, though that course may be pursued, and though the suit may be for treble damages under this section, still, under appropriate allegations, there may be a recovery as for money had and received. Cramer v. Oppenstein, 16 Colo. 495, 27 P. 713 (1891).

No commission. Where money, received as the proceeds of an execution sale, exceeds the amount necessary to satisfy the execution, the sheriff is not entitled to charge commissions on such excess. Cramer v. Oppenstein, 16 Colo. 495, 27 P. 713 (1891).

30-10-522. Actions against sheriff - sureties liable - when.

Except in the case of a sheriff covered by insurance purchased pursuant to section 30-10-501 (2), in an action brought against a sheriff for an action done by virtue of the sheriff's office, if the sheriff gives notice thereof to the sureties on any bond of indemnity given by the sheriff, the judgment recovered therein shall be sufficient evidence of the sheriff's right to recover against such sureties, and the court, on motion, upon notice of five days, may order judgment to be entered against them for the amount so recovered, including costs.

Source: L. 1887: p. 214, § 419. Code 08: § 454. Code 21: § 456. Code 35: § 456. CRS 53: § 35-5-22. C.R.S. 1963: § 35-5-22. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 20, effective August 11.

ANNOTATION

This section of the code does not change the rule which exists in the absence of a statute except insofar as it provides for the entering of judgment upon the bond, and in the absence of a statute the rule is that to entitle the obligee to maintain an action upon a general promise of indemnity against damages of liability, it is not necessary that he should have given notice of a suit against him in which the judgment upon which the breach is predicated was rendered, if, however, no notice is given, the judgment is only prima facie evidence against the obligors and may be attacked on the ground that the obligee failed to avail himself of a good defense or that it was obtained by fraud or collusion. Whinnery v. Wiley, 38 Colo. 203, 88 P. 171 (1906).

30-10-523. Sheriff - permits for concealed handguns.

The sheriff of each county and the official who has the duties of a sheriff in each city and county shall issue written permits to carry concealed handguns as provided in part 2 of article 12 of title 18, C.R.S.

Source: L. 81: Entire section added, p. 1437, § 1, effective June 8. L. 2003: Entire section amended, p. 650, § 8, effective May 17.

30-10-524. Sheriff to provide identification cards to retired peace officers upon request - definitions.

  1. As used in this section, unless the context otherwise requires:
    1. "Peace officer" means a certified peace officer described in section 16-2.5-102, C.R.S.
    2. "Photographic identification" means a photographic identification that satisfies the description at 18 U.S.C. sec. 926C (d).
  2. Except as described in subsection (3) of this section, on and after August 7, 2013, if a sheriff's office has a policy, on August 7, 2013, of issuing photographic identification to peace officers who have retired from the sheriff's office, and the sheriff's office discontinues said policy after August 7, 2013, the sheriff's office shall continue to provide such photographic identification to peace officers who have retired from the sheriff's office if:
    1. The peace officer requests the identification;
    2. The peace officer retired from the sheriff's office before the date upon which the sheriff's office discontinued the policy; and
    3. The peace officer is a qualified retired law enforcement officer, as defined in 18 U.S.C. sec. 926C (c).
  3. Before issuing or renewing a photographic identification to a retired law enforcement officer pursuant to this section, a law enforcement agency of the state shall complete a criminal background check of the officer through a search of the national instant criminal background check system created by the federal "Brady Handgun Violence Prevention Act", Pub.L. 103-159, the relevant portion of which is codified at 18 U.S.C. sec. 922 (t), and a search of the state integrated criminal justice information system. If the background check indicates that the officer is prohibited from possessing a firearm by state or federal law, the law enforcement agency shall not issue the photographic identification.
  4. The sheriff's office may charge a fee for issuing a photographic identification to a retired peace officer pursuant to subsection (2) of this section, which fee shall not exceed the direct and indirect costs assumed by the sheriff's office in issuing the photographic identification.
  5. Notwithstanding any provision of this section to the contrary, a sheriff's office shall not be required to issue a photographic identification to a particular peace officer if the sheriff elects not to do so.
  6. If a sheriff's office denies a photographic identification to a retired peace officer who requests a photographic identification pursuant to this section, the sheriff's office shall provide the retired peace officer a written statement setting forth the reason for the denial.

Source: L. 2013: Entire section added, (HB 13-1118), ch. 81, p. 258, § 3, effective August 7.

30-10-525. Disclosure of knowing misrepresentation by a peace officer required - disclosure waivers - reports - definitions.

  1. Subject to the limitations of this section, a sheriff's office that employs, employed, or deputized on or after January 1, 2010, a peace officer who applies for employment with another Colorado law enforcement agency shall disclose to the hiring agency information, if available, indicating whether the peace officer's employment history included any instances in which the peace officer had a sustained violation for making a knowing misrepresentation:
    1. In any testimony or affidavit relating to the arrest or prosecution of a person or to a civil case pertaining to the peace officer or to the peace officer's employment history; or
    2. During the course of any internal investigation by a law enforcement agency, which investigation is related to the peace officer's alleged criminal conduct; official misconduct, as described in section 18-8-404 or 18-8-405, C.R.S.; or use of excessive force, regardless of whether the alleged criminal conduct, official misconduct, or use of excessive force occurred while the peace officer was on duty, off duty, or acting pursuant to a service contract to which the peace officer's employing agency is a party.
  2. The disclosure described in subsection (1) of this section is required only upon the presentation of a written waiver to a sheriff's office, which waiver explicitly authorizes the sheriff's office to disclose the information described in said subsection (1), has been signed by the applicant peace officer, and identifies the Colorado law enforcement agency that is considering the applicant peace officer for employment. A sheriff's office that receives such a waiver shall provide the disclosure to the Colorado law enforcement agency that is considering the applicant peace officer for employment not more than seven days after such receipt.
  3. A sheriff's office is not required to provide the disclosure described in subsection (1) of this section if the sheriff's office is prohibited from providing such disclosure pursuant to a binding nondisclosure agreement to which the sheriff's office is a party, which agreement was executed before August 5, 2015.
    1. A sheriff's office shall notify the local district attorney whenever the sheriff's office determines there is a sustained finding that any peace officer of the sheriff's office has made a knowing misrepresentation:
      1. In any testimony or affidavit relating to the arrest or prosecution of a person or to a civil case pertaining to the peace officer or to the peace officer's employment history; or
      2. During the course of any internal investigation by a law enforcement agency, which investigation is related to the peace officer's alleged criminal conduct; official misconduct, as described in section 18-8-404 or 18-8-405, C.R.S.; or use of excessive force, regardless of whether the alleged criminal conduct, official misconduct, or use of excessive force occurred while the peace officer was on duty, off duty, or acting pursuant to a service contract to which the peace officer's employing agency is a party.
    2. A sheriff's office shall provide the notice described in paragraph (a) of this subsection (4) not more than seven days after the sheriff's office determines there is a sustained finding that a peace officer of the sheriff's office has made a knowing misrepresentation, as described in said paragraph (a).
  5. A sheriff's office is not liable for complying with the provisions of this section.
  6. As used in this section, unless the context requires otherwise, "state or local law enforcement agency" means:
    1. The Colorado state patrol created pursuant to section 24-33.5-201, C.R.S.;
    2. The Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S.;
    3. A county sheriff's office;
    4. A municipal police department;
    5. The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124, C.R.S.; or
    6. A town marshal's office.

Source: L. 2015: Entire section added, (SB 15-218), ch. 209, p. 761, § 3, effective August 5.

Cross references: For the legislative declaration in SB 15-218, see section 1 of chapter 209, Session Laws of Colorado 2015.

30-10-526. Sheriff office hiring - required use of waiver - definitions.

  1. A sheriff's office shall require each candidate that it interviews for a peace officer position who has been employed by another law enforcement agency or governmental agency to execute a written waiver that explicitly authorizes each law enforcement agency or governmental agency that has employed the candidate to disclose the applicant's files, including internal affairs files, to the interviewing sheriff's agency and releases the interviewing sheriff's office and each law enforcement agency or governmental agency that employed the candidate from any liability related to the use and disclosure of the files. A law enforcement agency or governmental agency may disclose the applicant's files by either providing copies or allowing the sheriff's office to review the files at the law enforcement agency's office or governmental agency's office. A candidate who refuses to execute the waiver shall not be considered for employment by the sheriff's office. The sheriff's office interviewing the candidate shall, at least twenty-one days prior to making the hiring decision, submit the waiver to each law enforcement agency or governmental agency that has employed the candidate. A state or local law enforcement agency or governmental agency that receives such a waiver shall provide the disclosure to the sheriff's office that is interviewing the candidate not more than twenty-one days after such receipt.
  2. A state or local law enforcement agency is not required to provide the disclosures described in subsection (1) of this section if the agency is prohibited from providing the disclosure pursuant to a binding nondisclosure agreement to which the agency is a party, which agreement was executed before June 10, 2016.
  3. A state or local law enforcement agency or governmental agency is not liable for complying with the provisions of this section or participating in an official oral interview with an investigator regarding the candidate.
  4. As used in this section, unless the context otherwise requires:
    1. "Files" means all performance reviews, any other files related to job performance, administrative files, grievances, previous personnel applications, personnel-related claims, disciplinary actions, and all complaints, early warnings, and commendations, but does not include nonperformance or conduct-related data, including medical files, schedules, pay and benefit information, or similar administrative data or information.
    2. "State or local law enforcement agency" means:
      1. The Colorado state patrol created pursuant to section 24-33.5-201, C.R.S.;
      2. The Colorado bureau of investigation created pursuant to section 24-33.5-401, C.R.S.;
      3. A county sheriff's office;
      4. A municipal police department;
      5. The division of parks and wildlife within the department of natural resources created pursuant to section 24-1-124, C.R.S.; or
      6. A town marshal's office.

Source: L. 2016: Entire section added, (HB 16-1262), ch. 339, p. 1383, § 3, effective June 10.

30-10-527. Mental health professionals - grant applications encouraged - definition - repeal.

  1. Each sheriff is encouraged to adopt a policy whereby mental health professionals, to the extent practicable, provide:
    1. On-scene response services to support deputy sheriffs' handling of persons with mental health disorders; and
    2. Counseling services to deputy sheriffs.
  2. In implementing a policy as described in subsection (1) of this section, a sheriff shall not require a mental health professional to counsel both a person with a mental health disorder and a deputy sheriff if, in the judgment of the mental health professional, doing so would constitute a conflict of interest or a breach of a professional code of ethics.
  3. For the purposes of this section, each sheriff's office is encouraged to apply annually for a grant from the peace officers mental health support grant program created in section 24-32-3501.
  4. As used in this section, "mental health professional" means a mental health professional licensed to practice medicine pursuant to article 240 of title 12 or a person licensed as a mental health professional pursuant to article 245 of title 12.
  5. This section is repealed, effective September 1, 2027.

Source: L. 2017: Entire section added, (HB 17-1215), ch. 150, p. 506, § 1, effective August 9. L. 2019: (4) amended, (HB 19-1172), ch. 136, p. 1718, § 211, effective October 1.

PART 6 CORONER

Cross references: For fees and compensation of coroners, see § 30-2-108.

30-10-601. Coroner - election - bond - insurance - authority.

    1. Repealed.
    2. A coroner shall be elected in each county for the term of four years, who, except as provided in subsection (1.5) of this section, before entering upon the duties of office, shall give bond to the people of the state of Colorado of not less than twenty-five thousand dollars, with sufficient sureties, to be approved by the board of county commissioners or, if the board is not in session, by the county clerk and recorder, subject to the approval of such board, the condition of which bond shall be in substance the same as that given by the sheriff. Such bond shall be filed with the county clerk and recorder of the proper county.

    (1.5) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage in an amount not less than twenty-five thousand dollars on behalf of the coroner to protect the people of the county from any malfeasance on the part of the coroner while in office.

  2. The coroner may declare an individual dead if the coroner finds the individual has sustained irreversible cessation of circulatory and respiratory function.

Source: G.L. § 507. G.S. § 611. R.S. 08: § 1294. C.L. § 8769. CSA: C. 45, § 116. CRS 53: § 35-6-1. L. 56: p. 129, § 3. C.R.S. 1963: § 35-6-1. L. 81: Entire section amended, p. 1439, § 1, effective June 4. L. 89: (1) amended, p. 1275, § 2, effective April 18. L. 2003: (1)(a) repealed, p. 1834, § 4, effective August 6; (1)(a)(II) added by revision, pp. 1834, 1835, §§ 4, 5. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 561, § 21, effective August 11.

Cross references: For the definition of death, see § 12-36-136.

30-10-601.5. Qualifications - fingerprints.

  1. A person is eligible to hold the office of coroner if the person:
    1. Is a citizen of the United States and a resident of the state of Colorado and of the county in which the person will hold the office of coroner;
    2. Has earned a high school diploma or its equivalent or a college degree; and
    3. Has given a set of fingerprints in accordance with subsection (2) of this section.
    1. A person who is nominated by a political party or for whom a nominating petition is filed for the office of coroner shall have a complete set of fingerprints taken by a qualified law enforcement agency and submit proof of such fingerprinting when filing a written acceptance pursuant to section 1-4-601 (3), 1-4-906, or part 10 of article 4 of title 1.
    2. A person wishing to be a write-in candidate for the office of coroner shall have a complete set of fingerprints taken by a qualified law enforcement agency and submit proof of such fingerprinting when filing an affidavit of intent pursuant to section 1-4-1101, C.R.S.
    3. A board of county commissioners shall not appoint a person to fill a vacancy in the office of coroner unless the person has had a complete set of fingerprints taken by a qualified law enforcement agency and has submitted proof of such fingerprinting to the board.
    1. A law enforcement agency that takes fingerprints in accordance with subsection (2) of this section shall forward the fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado bureau of investigation and the federal bureau of investigation. The Colorado bureau of investigation shall report the results of the criminal history record check to the county clerk and recorder of the county in which the person has been nominated for or is to be appointed to the office of coroner.
    2. A person who has been convicted of or pleaded guilty or entered a plea of nolo contendere to any felony charge under federal or state law is unqualified for the office of coroner unless pardoned. The results of the criminal history record check performed in accordance with this subsection (3) shall be confidential; except that the county clerk and recorder may disclose whether a person is qualified or unqualified for the office of coroner.

Source: L. 2003: Entire section added, p. 1831, § 3, effective August 6. L. 2017: (2)(a) amended, (SB 17-209), ch. 234, p. 964, § 12, effective August 9.

30-10-601.6. Coroners standards and training board.

  1. There is hereby created in the department of public health and environment the Colorado coroners standards and training board, referred to in this part 6 as the "C.C.S.T. board".
  2. The C.C.S.T. board shall exercise its powers and perform its duties and functions under the department of public health and environment as if transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.
    1. The C.C.S.T. board shall consist of eight members. The chairperson and the vice-chairperson of the C.C.S.T. board shall be elected annually by the members of the C.C.S.T. board with the requirement that the chairperson be either a coroner or a forensic pathologist.
    2. The members of the C.C.S.T. board shall be:
      1. A coroner of a county with a population of fifty thousand or more;
      2. A coroner of a county with a population of less than fifty thousand but more than fifteen thousand;
      3. A coroner of a county with a population of fifteen thousand or less;
      4. A county commissioner of a county with a population of fifty thousand or more;
      5. A county commissioner of a county with a population of less than fifty thousand;
      6. A pathologist who is actively engaged in performing postmortem examinations for a county in this state and who is a member of the Colorado medical society;
      7. A chief of police from a municipality in this state or a county sheriff; and
      8. A district attorney from a judicial district in this state.
    3. The governor shall appoint each member of the C.C.S.T. board for a term of three years; except that, of the members initially appointed, three members shall be appointed for a term of three years, three members shall be appointed for a term of two years, and two members shall be appointed for a term of one year.
    4. If a county coroner, county commissioner, county sheriff, chief of police, or district attorney leaves that office, that person's term on the C.C.S.T. board shall expire. The governor shall appoint a suitable person to fill the vacancy on the C.C.S.T. board for the unexpired term.
  4. The members of the C.C.S.T. board shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties.
    1. On and after August 6, 2003, the executive director of the department of public health and environment may accept and expend gifts, grants, and donations to cover the costs incurred in the establishment and operation of the C.C.S.T. board. Such gifts, grants, and donations received shall be transmitted to the state treasurer, who shall credit the moneys to the coroner training fund created in section 30-10-601.8 (5). Any unencumbered state moneys remaining in the fund upon the repeal of this section shall be transferred to the general fund.
    2. (Deleted by amendment, L. 2011, (HB 11-1303), ch. 264, p. 1173, § 85, effective August 10, 2011.)
  6. The department of public health and environment staff shall perform the administrative duties related to the operation of the C.C.S.T. board.
  7. The attorney general shall be the legal advisor to the C.C.S.T. board. A deputy or assistant attorney general chosen by the attorney general or the attorney general's designee shall attend each meeting of the C.C.S.T. board to provide legal counsel to the C.C.S.T. board as requested by the board.

Source: L. 2003: Entire section added, p. 1831, § 3, effective August 6. L. 2011: (5) amended, (HB 11-1303), ch. 264, p. 1173, § 85, effective August 10. L. 2014: (3)(a), (5)(a), and (6) amended and (7) added, (HB 14-1380), ch. 376, p. 1793, § 1, effective July 1.

30-10-601.7. Duties of the Colorado coroners standards and training board.

  1. In addition to its other duties set forth in this part 6, the C.C.S.T. board shall:
    1. Develop a curriculum for a forty-hour training course for new coroners and approve the qualifications of the instructors who teach the course;
    2. Approve training providers to certify coroners in basic medical-legal death investigation pursuant to section 30-10-601.8 (2); and
    3. Approve training providers and programs used to fulfill the annual twenty-hour in-service training requirement specified in section 30-10-601.8 (3).

Source: L. 2003: Entire section added, p. 1833, § 3, effective August 6. L. 2014: (1)(c) amended, (HB 14-1380), ch. 376, p. 1794, § 2, effective July 1.

30-10-601.8. Training - fees - coroner training fund.

  1. A person who is elected or appointed to the office of coroner for the first time shall attend, at the first opportunity after the election or appointment, a training course for new coroners of at least forty hours using the curriculum developed by the C.C.S.T. board. The course shall be prepared and presented by qualified instructors from the Colorado coroners association or another training provider approved by the C.C.S.T. board. At the request of a new coroner, the C.C.S.T. board may decide that a combination of education, experience, and training satisfies the requirement to complete the training course for new coroners.
  2. A person who is elected or appointed to the office of coroner for the first time shall, within one year of taking office, obtain certification in basic medical-legal death investigation from the Colorado coroners association or another training provider approved by the C.C.S.T. board. The C.C.S.T. board may grant an extension of up to one year to obtain such certification for just cause. The C.C.S.T. board shall issue written findings of fact supporting the extension.
  3. Each coroner shall complete a minimum of twenty hours of in-service training provided by the Colorado coroners association or by another training provider approved by the C.C.S.T. board during each year of the coroner's term. At the request of a coroner, the C.C.S.T. board may decide that a combination of education, experience, and training satisfies the requirement to complete twenty hours of in-service training annually.
  4. The county shall pay the costs of new coroner and in-service training. The fees charged by the C.C.S.T. board for training programs may include costs incurred in the establishment and operation of the C.C.S.T. board.
  5. The C.C.S.T. board shall by rule establish fees for training programs. All fees collected shall be transmitted to the state treasurer, who shall credit the same to the coroner training fund, which fund is hereby created. The moneys in the fund are hereby continuously appropriated to the C.C.S.T. board for the purposes of this part 6. In accordance with section 24-36-114, C.R.S., all interest derived from the deposit and investment of moneys in the fund shall be credited to the general fund.
  6. Each county coroner or his or her designee shall create a policy for the training of deputy coroners and make the policy available for public inspection.

Source: L. 2003: Entire section added, p. 1833, § 3, effective August 6. L. 2014: (3) amended and (6) added, (HB 14-1380), ch. 376, p. 1794, § 3, effective July 1.

30-10-601.9. Enforcement.

  1. If a coroner fails to comply with the requirements of section 30-10-601.8, the C.C.S.T. board shall notify the board of county commissioners that the coroner is not in compliance with the training requirements of section 30-10-601.8 and that state law requires the county commissioners to suspend the coroner's salary. Upon receipt of such notice, the board of county commissioners shall suspend the coroner's salary.
  2. If the C.C.S.T. board determines that a coroner whose salary has been suspended in accordance with subsection (1) of this section is in compliance with the training requirements of section 30-10-601.8, the C.C.S.T. board shall notify the board of county commissioners that the coroner is in compliance with the training requirements and that state law requires the board of county commissioners to reinstate the coroner's salary with back pay. Upon receipt of such notice, the board of county commissioners shall reinstate the coroner's salary with back pay.

Source: L. 2003: Entire section added, p. 1834 § 3, effective August 6.

30-10-602. Coroner and deputy coroner - duties - oath or affirmation - bond - insurance.

  1. The coroner of each county is authorized to appoint a deputy. Any such appointment shall be in writing and shall be filed in the office of the coroner. The coroner of each county may delegate any of the coroner's powers to one or more deputies who shall then have the same duties with respect thereto as the coroner has. Any act of a deputy shall be done in the name of the coroner and signed by the deputy performing such act. A deputy coroner shall hold office during and subject to the pleasure of the coroner. Except as provided in subsection (2) of this section, each coroner and deputy coroner shall take an oath or affirmation in accordance with section 24-12-101 and file the bond required by law to be filed by the coroner.
  2. In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the deputy coroner to protect the people of the county from any malfeasance on the part of the deputy coroner while in office.

Source: L. 07: p. 307, § 1. R.S. 08: § 1295. C.L. § 8770. CSA: C. 45, § 117. L. 53: p. 224, § 1. CRS 53: § 35-6-2. L. 57: p. 310, § 1. C.R.S. 1963: § 35-6-2. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 562, § 22, effective August 11. L. 2018: (1) amended, (HB 18-1138), ch. 88, p. 697, § 24, effective August 8.

Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

30-10-603. Deputy coroner - appointment.

Every appointment of a deputy coroner and every revocation thereof shall be in writing, under the hand of the coroner, and shall be filed in the office of the county clerk and recorder of the county wherein such appointment or revocation is made.

Source: L. 07: p. 307, § 2. R.S. 08: § 1296. C.L. § 8771. CSA: C. 45, § 118. CRS 53: § 35-6-3. C.R.S. 1963: § 35-6-3.

30-10-604. Coroner shall act as sheriff, when.

When there is no sheriff in any county, it is the duty of the coroner to exercise all the powers and duties of the sheriff of his county until a sheriff is appointed or elected and qualified; and when the sheriff for any cause is committed to the jail of his county, the coroner shall be keeper of such jail during the time the sheriff remains a prisoner.

Source: G.L. § 508. G.S. § 612. R.S. 08: § 1297. C.L. § 8772. CSA: C. 45, § 119. CRS 53: § 35-6-4. C.R.S. 1963: § 35-6-4.

Cross references: For powers and duties of coroner when acting as sheriff, see § 30-10-518; for substitute officers having same powers and compensation, see § 30-10-106.

ANNOTATION

A coroner can exercise the powers of the sheriff only in the cases specified in this and the service of process by him, except in such cases, is void. Tate v. People ex rel. Dewees, 6 Colo. App. 202, 40 P. 471 (1895).

30-10-605. When sheriff a party or disqualified.

  1. Every coroner shall serve and execute process of every kind and perform all other duties of the sheriff when the sheriff is a party to the case, or where affidavit is made and filed as provided in this section, and in all such cases he shall exercise the powers and proceed in the same manner as prescribed for the sheriff in the performance of similar duties.
  2. Whenever any party, his agent, or attorney makes and files with the clerk of the proper court an affidavit stating that he believes that the sheriff of such county by reason of either partiality, prejudice, consanguinity, or interest, will not faithfully perform his duties in any suit commenced or about to be commenced in such court, the clerk shall direct the original process in such suit to the coroner, who shall execute the process in like manner as the sheriff might or should have done.

Source: G.L. §§ 509, 510. G.S. §§ 613, 614. R.S. 08: §§ 1298, 1299. C.L. §§ 8773, 8774. CSA: C. 45, §§ 120, 121. CRS 53: § 35-6-5. C.R.S. 1963: § 35-6-5.

ANNOTATION

The provisions of this section are mandatory where there is a compliance with the statute by a litigating party, and a coroner may be disqualified in the same manner as a sheriff. Litch v. People ex rel. Town of Sterling, 19 Colo. App. 433, 75 P. 1083 (1904); Kelliher v. People, 71 Colo. 202 , 205 P. 274 (1922); Montez v. People, 110 Colo. 208 , 132 P.2d 970 (1942).

Where the sheriff is party to an action all process therein must be served by the coroner, and a special panel of jurors summoned by the sheriff in such case, must be discharged on motion. Toenniges v. Drake, 7 Colo. 471, 4 P. 790 (1884); General Film Co. v. McAfee, 58 Colo. 344, 145 P. 707 (1914); Wise v. Toner, 65 Colo. 420, 176 P. 838 (1918).

In no event may a sheriff be disqualified until a proper affidavit is filed with the court clerk, which should be done at the earliest practicable opportunity. Hoffman v. People, 72 Colo. 552, 212 P. 848 (1923).

The term "party" as used in this section means the person whose name is expressly mentioned in the record as plaintiff or defendant, or one of the plaintiffs or defendants. Wise v. Toner, 65 Colo. 420, 176 P. 838 (1918).

Regularly, when the sheriff is a party to an action, his official character should appear by allegation in the declaration or by suggestion of record; courts, however, take judicial notice of who are their own officers, and, in the absence of any proof to the contrary, the court in this instance was justified in presuming the identity of the defendant and the sheriff. Coon v. Rigden, 4 Colo. 275 (1878).

It is immaterial whether a defendant sheriff has any pecuniary interest in the case, since, in any event, he is "a party to the case" within the meaning of this section. Wise v. Toner, 65 Colo. 420, 176 P. 838 (1918).

Sheriff as trustee of land held proper party. Where a sheriff as trustee held the legal title to the land involved, it was held that such a trustee holding the legal title to the premises in controversy, although he has no beneficial interest therein, is a proper party to a final determination of the controversy, and is disqualified to serve process in the suit. Wise v. Toner, 65 Colo. 420, 176 P. 838 (1918).

The term "suit" in this section includes criminal proceedings. Kelliher v. People, 71 Colo. 202, 205 P. 274 (1922).

Because this section is not one relating exclusively to either criminal or civil procedure, but is one simply relating to duties of the sheriff and coroner, and the legislative intent was to substitute the coroner for the sheriff in any case, not merely in a civil action, where the affidavit is filed. Kelliher v. People, 71 Colo. 202, 205 P. 274 (1922).

Objection waived. Where the court issued an order for an open venire for eight more men and ordered the sheriff to procure that number and both the sheriff and the coroner were witnesses for the people, and objection was made to service by the sheriff, but since no affidavit of disqualification was filed as required by this section and no request was made for service by an elisor, objection was waived. Randal v. People, 113 Colo. 235 , 156 P.2d 125 (1945).

Duty to court to declare disqualification. Whenever affidavits are filed showing disqualification of either sheriff or coroner to serve process in a case, it is the duty of the court to act, without counter-affidavits, and declare the officer disqualified. Montez v. People, 110 Colo. 208 , 132 P.2d 970 (1942).

30-10-606. Coroner - inquiry - grounds - postmortem - jury - certificate of death.

  1. The responding law enforcement agency shall notify the coroner when a death is discovered or confirmed as soon as practicable after the scene is safe and secure. The coroner shall immediately notify the district attorney or his or her designee if by prior agreement, and then at his or her discretion proceed to the scene to view the body. Upon arrival of the coroner, law enforcement shall make all reasonable accommodations to allow the coroner to collect time-sensitive information such as body and scene temperature, lividity, and rigor. The coroner, in cooperation with law enforcement, shall make all proper inquiry in order to determine the cause and manner of death of any person in his or her jurisdiction who has died under any of the following circumstances:
    1. If the death is or may be unnatural as a result of external influences, violence, or injury;
    2. Due to the influence of or the result of intoxication by alcohol, drugs, or poison;
    3. As a result of an accident, including at the workplace;
    4. When the death of an infant or child is unexpected or unexplained;
    5. When no physician is in attendance or when, though in attendance, the physician is unable to certify the cause of death;
    6. From a death that occurs within twenty-four hours of admission to a hospital;
    7. Repealed.
    8. From a disease which may be hazardous or contagious or which may constitute a threat to the health of the general public;
    9. If the death occurs from the action of a peace officer or while in the custody of law enforcement officials or while incarcerated in a public institution;
    10. When the death was sudden and happened to a person who was in apparent good health;
    11. When a body is unidentifiable, decomposed, charred, or skeletonized; or
    12. Circumstances that the coroner otherwise determines may warrant further inquiry to determine cause and manner of death or further law enforcement investigation.

    (1.1) The coroner shall request that jurisdiction of a death be transferred to the coroner of the county in which the event which resulted in the death of the person occurred, with the jurisdiction effective upon the acceptance by the receiving coroner. The transfer shall be in writing, and a copy thereof shall be maintained in the offices of the transferring and receiving coroners. The district attorney from each county involved in the transfer shall be contacted prior to the transfer unless prior agreements have been established.

    1. (1.2) (a) When a person dies as a result of circumstances specified in subsection (1) of this section or is found dead and the cause of death is unknown, the person who discovers the death shall report it immediately to law enforcement officials or the coroner, and the coroner shall take legal custody of the body.
    2. The body of any person who dies as a result of circumstances specified in subsection (1) of this section shall not be removed from the place of death prior to the arrival of the coroner or his or her designee or without the authority of the coroner or his or her designee unless it is necessary to identify the victim, to protect the property from damage or destruction, or to preserve and protect evidence, or protect life, health, or safety. The coroner, in consultation with the district attorney or local law enforcement agency, shall facilitate the timely removal of the body to preserve and protect evidence. The coroner may order the removal of the body for further investigation or release the body to the next of kin if no further investigation is required by law enforcement.
    3. If a suicide note related to the death is found at the place of death, the coroner or law enforcement agency according to a prior agreement shall take custody of the note as well as any other documentation related to the cause or manner of death as is appropriate. If there is no prior agreement, law enforcement shall have the authority to take custody of the suicide note and shall provide a copy of the suicide note to the coroner. The coroner shall have the authority to view the suicide note prior to receiving a copy.
    4. In the case of a noncriminal investigation, the coroner in collaboration with local law enforcement shall identify the deceased, determine the deceased's next of kin, and notify the appropriate next of kin or other persons of the death.
    5. In the case of a noncriminal investigation, in order to assist with the identification of the deceased, location and identity of next of kin, and determination of the cause and manner of death, the coroner, in cooperation with law enforcement, has the authority to collect, examine, and store, or request law enforcement to collect, examine, and store, any documents, evidence, or information, including information available in electronic devices such as phones or computers subject to the limitations in the fourth amendment to the United States constitution and section 7 of article II of the Colorado constitution.
    6. When in the course of a coroner investigation, a death becomes suspicious or the possibility of criminal activity arises, the coroner shall immediately consult with the district attorney and law enforcement in the jurisdiction where the events that caused the death occurred.
    7. In the case of a noncriminal investigation, the coroner may take custody of prescription medications dispensed to the deceased to assist in determining the cause and manner of death subject to the limitations in the fourth amendment to the United States constitution and section 7 of article II of the Colorado constitution. The coroner shall properly document, store, and dispose of the medications or request law enforcement to document, store, and dispose of the medications.
  2. The coroner or his or her designee shall perform a forensic autopsy or have a forensic autopsy performed as required by section 30-10-606.5 or upon the request of the district attorney. Failure to comply with this section may be prosecuted as a violation of section 18-8-405, C.R.S.

    (2.5) In the case of a noncriminal investigation, the coroner, in cooperation with the public administrator if applicable, may take appropriate measures to safeguard the property and its contents. The coroner may charge the costs of securing the premises against the estate of the deceased. A coroner who secures or safeguards the property and its contents is immune from civil liability for damage to or loss of the property or its contents.

    (2.7) A coroner shall comply with information requests for statistical or research purposes from the department of public health and environment and the department of transportation.

  3. When the coroner has knowledge that any person has died under any of the circumstances specified in subsection (1) of this section, he may summon forthwith six citizens of the county to appear at a place named to hold an inquest to hear testimony and to make such inquiries as he deems appropriate.
    1. In all cases where the coroner has held an investigation or inquest, the certificate of death shall be issued by the coroner.
    2. Any certificate of death issued by a coroner shall be filed with the registrar and shall state the findings concerning the nature of the disease or the manner of death, and, if from external causes, the certificate shall state the manner of death. In addition, the certificate shall include the information described in section 25-2-103 (3)(b), C.R.S., whenever the subject of the investigation or inquest is under one year of age.
    3. A copy of the certificate of death or affidavit of presumed death, including any related documents and statements of fact, shall be retained indefinitely in the applicable county in a secure location in an appropriate county facility accessible only to the county coroner or the coroner's designee and in a manner that is consistent with the county's record retention policy and federal law.
  5. Nothing in this section shall be construed to require an investigation, autopsy, or inquest in any case where death occurred without medical attendance solely because the deceased was under treatment by prayer or spiritual means alone in accordance with the tenets and practices of a well-recognized church or religious denomination.
    1. Notwithstanding sections 12-245-220 and 13-90-107 (1)(d) or (1)(g), the coroner holding an inquest or investigation pursuant to this section has the authority to request and receive a copy of:
      1. Any autopsy report or medical information from any pathologist, physician, dentist, hospital, or health care provider or institution if such report or information is relevant to the inquest or investigation; and
      2. Any information, record, or report related to treatment, consultation, counseling, or therapy services from any licensed psychologist, professional counselor, marriage and family therapist, social worker, or addiction counselor, certified addiction counselor, registered psychotherapist, psychologist candidate registered pursuant to section 12-245-304 (3), marriage and family therapist candidate registered pursuant to section 12-245-504 (4), licensed professional counselor candidate registered pursuant to section 12-245-604 (4), or person described in section 12-245-217, if the report, record, or information is relevant to the inquest or investigation.
    2. The coroner or his or her designee shall, at the request of the district attorney or attorney general, release to the district attorney or attorney general any autopsy report or medical information described in subparagraph (I) of paragraph (a) of this subsection (6) that the coroner obtains pursuant to paragraph (a) of this subsection (6).
    3. The coroner or his or her designee shall not release to any party any information, record, or report described in subparagraph (II) of paragraph (a) of this subsection (6) that the coroner obtains pursuant to paragraph (a) of this subsection (6).
    4. Any person who complies with a request from a coroner or his or her designee pursuant to paragraph (a) of this subsection (6) shall be immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the disclosure of confidential patient or client information.

Source: G.L. § 511. G.S. § 615. L. 1887: p. 233, § 1. R.S. 08: § 1300. C.L. § 8775. CSA: C. 45, § 122. CRS 53: § 35-6-6. L. 57: p. 311, § 1. L. 73: R&RE, p. 462, § 1. C.R.S. 1963: § 35-6-6. L. 81: (1)(c) to (1)(h) amended and (1.1), (1.2), and (6) added, pp. 1439, 1440, §§ 2, 3, effective June 4. L. 89: (6) amended, p. 1276, § 3, effective April 18. L. 96: (4) amended, p. 402, § 15, effective April 17. L. 2000: (6) amended, p. 157, § 1, effective August 2. L. 2001: (6) amended, p. 735, § 5, effective July 1. L. 2002: (6)(a)(II) amended, p. 1029, § 56, effective June 1. L. 2004: (4)(c) added, p. 626, § 3, effective August 4. L. 2011: (2) amended, (HB 11-1258), ch. 137, p. 477, § 2, effective May 4; IP(6)(a) and (6)(a)(II) amended, (SB 11-187), ch. 285, p. 1329, § 76, effective July 1. L. 2013: Entire section amended, (HB 13-1097), ch. 95, p. 304, § 3, effective April 4; (1) (d) repealed, (HB 13-1154), ch. 372, p. 2192, § 3, effective July 1; (6) (a) (II) amended, (HB 13-1104), ch. 77, p. 249, § 7, effective August 7. L. 2019: IP(6)(a) and (6)(a)(II) amended, (HB 19-1172), ch. 136, p. 1718, § 212, effective October 1.

Editor's note: Amendments to this section by House Bill 13-1097, House Bill 13-1104, and House Bill 13-1154 were harmonized.

Cross references: (1) For issuance of death certificate, see § 25-2-110; for postmortem examination by licensed physician, see § 12-36-133.

(2) For the legislative declaration in the 2011 act amending subsection (2), see section 1 of chapter 237, Session Laws of Colorado 2011.

(3) For the legislative declaration in the 2013 act repealing subsection (1)(d), see section 1 of chapter 372, Session Laws of Colorado 2013.

ANNOTATION

Law reviews. For article, "Scientific Findings on Death and Coroner's Inquest", see 20 Rocky Mt. L. Rev. 197 (1948). For article, "Disposition of Bodily Remains: Post-Death Aspects", see 12 Colo. Law. 439 (1983).

Coroners' function is to investigate and determine whether a decedent has died from violent, unexplained causes, or under suspicious circumstances. People ex rel. Kinsey v. Sumner, 34 Colo. App. 61, 525 P.2d 512 (1974).

There is no private right of action under this section. Macurdy v. Faure, 176 P.3d 880 (Colo. App. 2007).

There is also no implied private right of action under this section. Macurdy v. Faure, 176 P.3d 880 (Colo. App. 2007).

Failure to perform the discretionary duty under subsection (2) does not give rise to a private right of action. Macurdy v. Faure, 176 P.3d 880 (Colo. App. 2007).

An implied private right of action is inconsistent with the purposes of the legislative scheme because threat of litigation may lead to conducting of autopsies that the coroner or district attorney would not otherwise deem advisable under subsection (2). Macurdy v. Faure, 176 P.3d 880 (Colo. App. 2007).

Coroner's desire to solicit private burial contract for his funeral home would have no material bearing on outcome of an investigation under this section. People ex rel. Kinsey v. Sumner, 34 Colo. App. 61, 525 P.2d 512 (1974).

The verdict of the jury at a coroner's inquest finding that the deceased committed suicide was not admissible in evidence to establish that fact as a defense to an action on a policy of insurance on the life of the deceased. Germania Life Ins. Co. v. Ross-Lewin, 24 Colo. 43, 51 P. 488, 65 Am. St. R. 215 (1897).

Subsection (6)(a)(I) grants coroners access to medical information that would otherwise be protected from disclosure under § 24-72-204 (3)(a)(I) , a provision of the Colorado Open Records Act. Bodelson v. City of Littleton, 36 P.3d 214 (Colo. App. 2001).

30-10-606.5. When autopsy performed - jurisdiction - qualifications to perform - definition.

    1. The coroner shall perform a forensic autopsy or have a forensic autopsy performed in accordance with the circumstances in the most recent version of the "forensic autopsy performance standards" adopted by the national association of medical examiners, when the death is apparently nonnatural and occurs in a facility or during services regulated by the department of human services, and when the death is the result of an automobile accident and a hospital physician has not documented the extent of the injuries.
    2. If a person is involved in an incident that requires the person to be transported to a medical facility outside the county where the incident occurred and the person dies en route to or at the medical facility outside the county where the incident occurred, the coroner for the county where the incident occurred shall take possession of the body and shall comply with the provisions of this section.
    1. Except as provided in paragraphs (b) and (c) of this subsection (2), all forensic autopsies required to be performed pursuant to subsection (1) of this section shall be performed by a board-certified forensic pathologist.
    2. A physician who has completed a forensic pathology fellowship and is practicing forensic pathology in Colorado and who is not a board-certified forensic pathologist as of May 4, 2011, may perform a forensic autopsy required pursuant to subsection (1) of this section.
    3. A forensic pathologist who has completed a forensic pathology fellowship may perform forensic autopsies for four years from the date of completion of the fellowship before becoming a board-certified forensic pathologist.
    4. A pathology resident or forensic pathology fellow may perform a forensic autopsy required pursuant to subsection (1) of this section under the direct supervision of a board-certified forensic pathologist.
    5. For purposes of this subsection (2), "direct supervision" means supervision that is within the facility where a pathology resident or forensic pathology fellow is performing an autopsy and that requires a board-certified forensic pathologist's presence and availability for prompt consultation.

Source: L. 2011: Entire section added, (HB 11-1258), ch. 137, p. 477, § 3, effective May 4.

Cross references: For the legislative declaration in the 2011 act adding this section, see section 1 of chapter 137, Session Laws of Colorado 2011.

30-10-607. Talesmen - oath. (Repealed)

Source: G.L. § 512. G.S. § 616. R.S. 08: § 1301. C.L. § 8776. CSA: C. 45, § 123. CRS 53: § 35-6-7. C.R.S. 1963: § 35-6-7. L. 81: Entire section amended, p. 1440, § 4, effective June 4. L. 2018: Entire section repealed, (HB 18-1138), ch. 88, p. 697, § 25, effective August 8.

Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

30-10-608. Coroner may issue subpoenas.

The coroner may issue subpoenas within his county for witnesses, returnable forthwith, or at such time and place as he therein directs; and witnesses shall be allowed the fees set forth in section 13-33-102, C.R.S.; and the coroner has the same authority to enforce the attendance of witnesses and to punish them and jurors for contempt in disobeying his process as a county court has when process issues in behalf of the state.

Source: G.L. § 513. G.S. § 617. R.S. 08: § 1302. C.L. § 8777. CSA: C. 45, § 124. CRS 53: § 35-6-8. C.R.S. 1963: § 35-6-8. L. 64: p. 222, § 49. L. 73: p. 1401, § 26.

ANNOTATION

Jurors attending inquests shall be compensated in the same manner as other jurors, that is, by a per diem while serving as such. Ireland v. Commissioners, 6 Colo. 280 (1882).

30-10-609. Physicians summoned - compensation. (Repealed)

Source: G.L. § 525. G.S. § 629. R.S. 08: § 1303. C.L. § 8778. CSA: C. 45, § 125. CRS 53: § 35-6-9. L. 57: p. 312, § 1. C.R.S. 1963: § 35-6-9. L. 2013: Entire section repealed, (HB 13-1097), ch. 95, p. 303, § 1, effective April 4.

30-10-610. Oath of witnesses.

An oath shall be administered to the witness in attendance as follows: "You do solemnly swear that the testimony which you shall give to this inquest, concerning the death of the person about whom this inquest is being held, shall be the truth, the whole truth, and nothing but the truth, so help you God."

Source: G.L. § 514. G.S. § 618. R.S. 08: § 1304. C.L. § 8779. CSA: C. 45, § 126. CRS 53: § 35-6-10. C.R.S. 1963: § 35-6-10. L. 81: Entire section amended, p. 1440, § 5, effective June 4.

30-10-611. Testimony written and subscribed - fees.

The testimony shall be reduced to writing, under the coroner's order, and subscribed by the witnesses, and the person writing such testimony shall be paid from the county treasury the same fees prescribed for jurors attending inquests concerning deaths. Such testimony, in the discretion of the coroner, may be taken down in shorthand by a competent stenographer, who shall first be sworn by the coroner to correctly take down such testimony and correctly transcribe the same. The stenographer shall receive the usual per diem and fees paid official court reporters for like services to be paid by the board of county commissioners. Upon the request of the coroner, the stenographer shall transcribe the testimony and transmit it to the coroner, and it shall not be necessary in such case for the witnesses to subscribe the same. If the testimony is not transcribed and transmitted, the stenographer shall file his name and address and the notes of the testimony with the district court, and the district court shall keep such materials for a period of seven years from the time of the transmittal of the coroner's inquisition. The coroner shall return his inquisition and list of witnesses to the district court, and such notes if transcribed and transmitted by such stenographer shall have the same force and effect as testimony written out under the coroner's order and subscribed by the witnesses.

Source: G.L. § 515. G.S. § 619. L. 1887: p. 245, § 1. L. 07: p. 308, § 1. R.S. 08: § 1305. C.L. § 8780. CSA: C. 45, § 127. CRS 53: § 35-6-11. C.R.S. 1963: § 35-6-11. L. 81: Entire section amended, p. 1441, § 6, effective June 4.

Cross references: For fees prescribed for jurors attending inquests over dead bodies, see § 13-33-101; for compensation of court reporters, see § 13-5-128.

ANNOTATION

Nonconforming notes inadmissible. Stenographer's notes taken at coroner's inquest were not admissible to contradict the testimony of a witness given upon the trial, where it was not made to appear that the questions propounded at the preliminary hearing referred to the particular time to which the witness testified on the trial, or that the stenographer had been sworn, as required by this section. Bryam v. People, 49 Colo. 533, 113 P. 528 (1911).

30-10-612. Verdict of jury - form.

The jurors, having heard the testimony and having made all needful inquiries, shall return to the coroner their inquisition in writing, under their hands in substance as follows, stating the matters in the following form, suggested as far as found:

STATE OF COLORADO, County of .............. An inquisition held at ............, in ............ county, on the ............ day of ............ A.D. 20......, before .............., coroner of said county, concerning the death of .............. or person unknown, by the jurors whose names are subscribed; the said jurors upon their oaths, do say ............ (here state when, how, by what person, means, weapon, or accident he came to his death, and whether feloniously). In Testimony Whereof, the said jurors have hereunto set their hands the day and year aforesaid.

Source: G.L. § 516. G.S. § 620. R.S. 08: § 1306. C.L. § 8781. CSA: C. 45, § 128. CRS 53: § 35-6-12. C.R.S. 1963: § 35-6-12. L. 81: Entire section amended, p. 1441, § 7, effective June 4.

30-10-613. When verdict kept secret.

If the inquisition finds that a crime has been committed on the deceased and names the person who the jury believes has committed it, the inquest shall not be made public until after the arrest, directed in section 30-10-614.

Source: G.L. § 517. G.S. § 621. R.S. 08: § 1307. C.L. § 8782. CSA: C. 45, § 129. CRS 53: § 35-6-13. C.R.S. 1963: § 35-6-13.

30-10-614. Coroner may order arrest - warrant.

  1. If the person charged is present, the coroner may order his arrest by an officer or any person and shall then make a warrant requiring the officer or other person to take him before the county court.
  2. If the person charged is not present and the coroner believes he can be taken, the coroner may issue a warrant to the sheriff of the county, requiring him to arrest the person and take him before the county court.

Source: G.L. §§ 518, 519. G.S. §§ 622, 623. R.S. 08: §§ 1308, 1309. C.L. §§ 8783, 8784. CSA: C. 45, §§ 130, 131. CRS 53: § 35-6-14. C.R.S. 1963: § 35-6-14. L. 64: p. 222, § 50.

30-10-615. Warrant - effect.

The warrant of a coroner in the above cases shall be of equal authority with that of the county courts; and when the person charged is brought before the county court, he shall be dealt with as a person held under a complaint in the usual form.

Source: G.L. § 520. G.S. § 624. R.S. 08: § 1310. C.L. § 8785. CSA: C. 45, § 132. CRS 53: § 35-6-15. C.R.S. 1963: § 35-6-15. L. 64: p. 222, § 51.

30-10-616. Contents of warrant.

The warrant of the coroner shall recite substantially the transactions before him, and the verdict of the jury of inquest leading to the arrest; and such warrant shall be a sufficient foundation for the proceeding of the county court instead of a complaint.

Source: G.L. § 521. G.S. § 625. R.S. 08: § 1311. C.L. § 8786. CSA: C. 45, § 133. CRS 53: § 35-6-16. C.R.S. 1963: § 35-6-16. L. 64: p. 223, § 52.

30-10-617. Coroner to make return to district court.

The coroner shall then return to the district court the inquisition, the written evidence, the name and address of the stenographer if required under section 30-10-611, and a list of the witnesses who testified as to material matter.

Source: G.L. § 522. G.S. § 626. R.S. 08: § 1312. C.L. § 8787. CSA: C. 45, § 134. CRS 53: § 35-6-17. C.R.S. 1963: § 35-6-17. L. 81: Entire section amended, p. 1441, § 8, effective June 4.

30-10-618. Burial expenses - when paid by county.

The coroner shall cause the body of a deceased person which he is called to view to be delivered to his friends, if there are any, but if not he shall cause him to be decently buried, the expenses to be paid from any property found with the body, or, if there is none, from the county treasury, by certifying an account of the expenses which, being presented to the board of county commissioners, shall be allowed by them if deemed reasonable and paid as other claims on the county.

Source: G.L. § 523. G.S. § 627. R.S. 08: § 1313. C.L. § 8788. CSA: C. 45, § 135. CRS 53: § 35-6-18. C.R.S. 1963: § 35-6-18.

ANNOTATION

Law reviews. For article, "Disposition of Bodily Remains: Post-Death Aspects", see 12 Colo. Law. 439 (1983).

30-10-619. Conflicts of interest of county coroners.

  1. A coroner who owns, operates, is employed by, or otherwise has an interest in a funeral establishment is deemed to have a conflict of interest and shall not direct business to such establishment when performing his or her duties under this part 6.
  2. Nothing in this section shall prevent a person from taking the body of the deceased to a funeral establishment in which the coroner has an interest if such person decides to do so without the suggestion of the coroner.
  3. The provisions of this section shall not apply if an emergency situation exists and the coroner acts in good faith to prevent a health hazard.
  4. Any person who knowingly violates subsection (1) of this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
  5. This section shall apply to county coroners who take office after the general election in 1982.

Source: L. 81: Entire section added, p. 833, § 13, effective June 8. L. 2002: (4) amended, p. 1542, § 287, effective October 1. L. 2003: (1) amended, p. 1924, § 5, effective July 1.

Cross references: For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.

30-10-620. Corneal tissue - taking authorized. (Repealed)

Source: L. 81: Entire section amended, p. 1443, § 1, effective June 12. L. 82: (3)(a) R&RE, p. 482, § 1, effective February 19. L. 2002: Entire section repealed, p. 12, § 1, effective March 13.

30-10-621. Removal of pituitary gland - authorization. (Repealed)

Source: L. 85: Entire section added, p. 1057, § 1, effective May 3. L. 2013: Entire section repealed, (HB 13-1097), ch. 95, p. 303, § 2, effective April 4.

30-10-622. Unidentified human remains - DNA samples.

  1. If a coroner or medical examiner takes legal custody of unidentified human remains pursuant to section 24-80-1302 (2), C.R.S., or section 30-10-606 (1.2), the coroner or medical examiner shall:
    1. Make reasonable attempts to identify the remains pursuant to section 16-2.7-104 (2), C.R.S.; and
    2. Ensure that information concerning the physical appearance and structure of the unidentified human remains, including DNA typing information, is entered into the national crime information center database pursuant to section 16-2.7-104 (3), C.R.S.

Source: L. 2006: Entire section added, p. 396, § 2, effective April 6.

30-10-623. Department of corrections - reimbursement for expenses of coroner.

The department of corrections, from appropriations made by the general assembly, shall reimburse a county for reasonable and necessary costs incurred by the county coroner related to investigations or complete autopsies performed on persons in the custody of the department of corrections. Costs may include transportation, refrigeration, and body bags. The county shall certify these costs to the department, and, upon the approval of the executive director of the department or the executive director's designee, the department shall pay the costs.

Source: L. 2016: Entire section added, (HB 16-1406), ch. 150, p. 448, § 1, effective July 1.

PART 7 TREASURER

Cross references: For county treasurer's fees, see § 30-1-102.

30-10-701. Election - term - bond - insurance.

  1. A county treasurer shall be elected in each county for the term of four years and, except as provided in subsection (2) of this section, before entering upon the discharge of duties, shall execute to the people of the state of Colorado a surety bond to be approved by the board of county commissioners and filed in the office of the county clerk and recorder. Prior to the treasurer being sworn into office, the board of county commissioners shall set the amount of the surety bond by written resolution duly adopted by a majority vote of the board, which shall be entered in its minutes.
  2. In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the treasurer to protect the people of the county from any malfeasance on the part of the treasurer while in office.

Source: G.L. § 526. G.S. § 630. R.S. 08: § 1315. C.L. § 8789. CSA: C. 45, § 136. CRS 53: § 35-7-1. L. 56: p. 129, § 4. C.R.S. 1963: § 35-7-1. L. 95: Entire section amended, p. 499, § 1, effective May 16. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 562, § 23, effective August 11.

Cross references: For the oath of civil officers, see § 8 of art. XII, Colo. Const.; for the election and terms of county officers, see § 8 of art. XIV, Colo. Const.; for the election of the county treasurer, see § 1-4-206; for bonds executed by surety companies, see § 10-4-301; for the approval of bonds, see § 24-13-116; for bonds of county officers, see § 30-10-110.

ANNOTATION

The general assembly has expanded and built up a body of statutory directives for the guidance of county treasurers, outlining in great detail steps to be taken by them calculated to obtain the amount of taxes levied. Skidmore v. O'Rourke, 152 Colo. 470 , 383 P.2d 473 (1963).

County treasurers are only administrative agents of the state and their authority is limited to that expressly delegated by the general assembly. Skidmore v. O'Rourke, 152 Colo. 470 , 383 P.2d 473 (1963).

County treasurers are constitutional officers, but have no constitutional duties to perform or constitutional authority to do any particular act such as commencing a suit. Skidmore v. O'Rourke, 152 Colo. 470 , 383 P.2d 473 (1963).

No power to sue. Enactments of the general assembly relating to taxation negate any suggestion that county treasurers have inherent, implied, or general powers to sue taxpayers for delinquent real estate taxes. Skidmore v. O'Rourke, 152 Colo. 470 , 383 P.2d 473 (1963).

The county treasurer and his bondsmen are primarily responsible. Moulton v. McLean, 5 Colo. App. 454, 39 P. 78 (1895).

He is not the agent of his county. Moulton v. McLean, 5 Colo. App. 454, 39 P. 78 (1895).

Bonds. The county treasurer may take security for his own indemnity from a bank in which he deposits county money, but a bond so taken inures to his benefit, and such a bond is his property, and no cause of action to the county can arise thereon, unless by the default of the treasurer and his sureties. Moulton v. McLean, 5 Colo. App. 454, 39 P. 78 (1895).

30-10-702. Term of office.

The regular term of office of all county treasurers shall commence on the first day of January next after their election.

Source: L. 1891: p. 117, § 1. R.S. 08: § 1316. C.L. § 8790. CSA: C. 45, § 137. CRS 53: § 35-7-2. C.R.S. 1963: § 35-7-2.

30-10-703. Form of bond.

If a treasurer executes a bond pursuant to section 30-10-701 (1), the condition of the bond shall be in substance as follows: Whereas, .............., was elected to the office of County Treasurer of the County of ............ on the ............ day of ............; Now, therefore, the condition of this obligation is such, that if the said .............. and the treasurer's deputy and all persons employed in the treasurer's office shall faithfully and promptly perform the duties of said office, and if the said .............. and the treasurer's deputies shall pay or invest according to law, all moneys that shall come to the hands of the treasurer, and shall render a just and true account thereof whenever required by said board of county commissioners, or by any provision of law, and shall deliver over to a successor in office, or to any other person authorized by law to receive the same, all moneys, securities, books, papers, and other things appertaining thereto or belonging to the treasurer's office, the above obligation to be void, otherwise to be in full force and effect; except that the surety shall in no event be liable for any loss caused by the failure or insolvency of the depository in which the county treasurer or the treasurer's deputies deposit any such public funds, or for any loss arising out of the investment of any such funds.

Source: G.L. § 527. G.S. § 631. R.S. 08: § 1317. C.L. § 8791. L. 33-34, Ex. Sess.: p. 51, § 1. CSA: C. 45, § 138. CRS 53: § 35-7-3. C.R.S. 1963: § 35-7-3. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 563, § 24, effective August 11.

ANNOTATION

The bond of the county treasurer is the measure of his duties as treasurer, and is the contract covering his duties and all those in his employ performing the duties of the office. Goss v. Bd. of Comm'rs, 4 Colo. 468 (1878).

Under this section neither a deputy treasurer nor clerk gives a bond to the public for the faithful performance of the duties he undertakes, and the relation of debtor and creditor between the county and the treasurer is unaffected by the circumstance that the duties of the latter are discharged by deputy or clerical agency, and there is no such privity between the county or the public, and the deputy or clerk, as to create an implied contract between them in the face of an express contract between the treasurer and the public, embracing the duties of the office by whomsoever performed. Goss v. Bd. of Comm'rs, 4 Colo. 468 (1878).

The money received by the treasurer by virtue of his office belongs to the county. McClure v. Bd. of Comm'rs, 19 Colo. 122, 34 P. 763 (1893).

It constitutes a trust fund, which, if diverted or misappropriated, may be recovered in an action upon his bond, or the county may, if it elects, treat it as a trust fund and follow it wherever it can be traced. McClure v. Bd. of Comm'rs, 19 Colo. 122, 34 P. 763 (1893).

Interest due and sureties liable. Money in the hands of a county treasurer belonging to a county, and not turned over to his successor at the time the latter assumed the duties of the office, would draw interest at the legal rate from that date, and the sureties on his official bond are liable to the county for such money with interest. Gartley v. People ex rel. Pueblo County, 28 Colo. 227, 64 P. 208 (1901).

30-10-704. Deputy treasurer - duties.

The county treasurer may appoint a deputy, who in the absence of the treasurer from his office, or in case of vacancy in said office, for any disability of the treasurer to perform the duties of his office, may perform all the duties of the office of treasurer, until such vacancy is filled or such disability removed.

Source: G.L. § 528. G.S. § 632. R.S. 08: § 1318. C.L. § 8792. CSA: C. 45, § 139. CRS 53: § 35-7-4. C.R.S. 1963: § 35-7-4.

ANNOTATION

No term of office. While this section provides that a county treasurer may appoint a deputy, there is no law fixing the term of office of such a deputy, and with his compensation and term of office the public has nothing to do. Tureck v. Bd. of County Comm'rs, 108 Colo. 347 , 117 P.2d 315 (1941).

There being no contractual privity between one acting as deputy county treasurer and the public, in a suit by such a deputy against the county commissioners for salary alleged to be due him, it was held, in the circumstances of the case, that the trial court properly directed a verdict in favor of defendants. Tureck v. Bd. of County Comm'rs, 108 Colo. 347 , 117 P.2d 315 (1941).

The authority to remove or suspend county agents, in the absence of statutes otherwise providing, rests in the appointing power, and as relating to a deputy county treasurer, there is in Colorado no "statutes otherwise providing". Tureck v. Bd. of County Comm'rs, 108 Colo. 347 , 117 P.2d 315 (1941).

30-10-705. Vacancy in office - how filled.

  1. In case the office of county treasurer becomes vacant, the board of county commissioners shall appoint a suitable person to perform the duties of the treasurer. Except as provided in subsection (2) of this section, the person so appointed shall give bond with like sureties and conditions as that required in county treasurers' bonds and in such sum as the board shall direct and shall be invested with all the duties of the treasurer, until such vacancy is filled or such disability removed.
  2. In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the appointee to the office of treasurer to protect the people of the county from any malfeasance on the part of the treasurer while in office.

Source: G.L. § 529. G.S. § 633. R.S. 08: § 1319. C.L. § 8793. CSA: C. 45, § 140. CRS 53: § 35-7-5. C.R.S. 1963: § 35-7-5. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 563, § 25, effective August 11.

30-10-706. Officers who cannot be treasurer.

No person holding the office of sheriff, county judge, or county clerk and recorder, nor any member of the board of county commissioners, shall hold the office of county treasurer.

Source: G.L. § 530. G.S. § 634. R.S. 08: § 1320. C.L. § 8794. CSA: C. 45, § 141. CRS 53: § 35-7-6. C.R.S. 1963: § 35-7-6.

30-10-707. Treasurer to receive and pay moneys.

It is the duty of the county treasurer to receive all moneys belonging to the county, from whatsoever source they may be derived, and all other moneys which are by law directed to be paid to him. All money received by him for the use of the county shall be paid out by him only on the orders of the board of county commissioners, according to law, except where special provision for the payment thereof is otherwise made by law.

Source: G.L. § 531. G.S. § 635. R.S. 08: § 1321. C.L. § 8795. CSA: C. 45, § 142. CRS 53: § 35-7-7. C.R.S. 1963: § 35-7-7.

30-10-708. Deposit of funds in banks and savings and loan associations.

  1. In all counties of this state, the county treasurer shall deposit all the funds and moneys of whatever kind that come into the treasurer's possession by virtue of the office, in the treasurer's name as treasurer, in one or more state banks, national banks, or, in compliance with the provisions of article 47 of title 11, C.R.S., savings and loan associations that have previously been approved and designated by written resolution duly adopted by a majority vote of the board of county commissioners, which shall be entered in its minutes. The board, by written resolution similarly adopted, may authorize the county treasurer to invest all or any part of the funds and moneys in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S. For the purposes of investment of funds of the county as set forth in said part 6, the board, by written resolution, may appoint one or more custodians of the funds, and such persons shall give surety bonds in such amounts and form and for such purposes as the board requires.
  2. All securities so purchased shall be duly registered in the name of the county treasurer and shall be deposited and safely kept in the custody of some state bank or any national bank. No such security shall be sold or otherwise disposed of except pursuant to a resolution of said board of county commissioners similarly adopted, which resolution shall also approve and designate the bank or banks in which such proceeds shall then be deposited, or such resolution may in lieu thereof authorize the reinvestment of such proceeds in any of the securities specified in subsection (1) of this section.
  4. Repealed.
  5. No county treasurer, or member of the board of county commissioners, who acted in good faith in approving and designating such depository, is liable for loss of public funds deposited by such county treasurer or his deputies by reason of the default or insolvency of such depository; nor shall any county treasurer who invests any such funds or any member of the board of county commissioners who in good faith authorizes such investment be liable for any loss on account of such investment.
  6. Subject to the requirements of part 7 of article 75 of title 24, C.R.S., funds of the county may be pooled for investment with the funds of other local government entities.

Source: L. 19: p. 366, § 1. C.L. § 8796. L. 33-34, Ex. Sess.: p. 46, § 1. CSA: C. 45, § 143. L. 37: p. 489, § 1. L. 41: p. 363, § 1. CRS 53: § 35-7-8. C.R.S. 1963: § 35-7-8. L. 75: (1) amended, p. 407, § 4, effective January 1, 1976; (2) amended and (3) and (4) repealed, pp. 391, 392, §§ 4, 6, effective January 1, 1976. L. 76: (1) amended, p. 310, § 53, effective May 20. L. 77: (1) amended, p. 576, § 8, effective June 10. L. 83: (6) added, p. 1010, § 2, effective March 29. L. 89: (1) amended, p. 1113, § 22, effective July 1. L. 95: (1) and (2) amended, p. 500, § 2, effective May 16.

Editor's note: Subsection (6) was originally enacted as subsection (4) by House Bill 83-1097 but was renumbered on revision for ease of location.

30-10-709. Treasurer to keep accounts - settlement of accounts - resolution of findings - report to board of county commissioners - contempt.

  1. The county treasurer shall keep a just and true account of the receipt and expenditure of all moneys that come into his or her hands by virtue of the office, in books to be kept by the treasurer for that purpose, which books shall be open at all times for the inspection of the board of county commissioners, or any member thereof, and to all county and state officers; and, at the meetings in July and January of the board of county commissioners, or at such other time as the board may direct, the treasurer shall settle with said board his or her account as treasurer, and, for that purpose, the treasurer shall exhibit to said board all his or her books, accounts, and all vouchers relating to the same, to be audited and allowed.
  2. In addition to the audit described in subsection (1) of this section, the treasurer may periodically cause to be performed an audit of the operations and accounts of the county treasurer's office.
  3. If a recommendation or finding is contained in the final report of any audit conducted pursuant to subsection (1) or (2) of this section or section 29-1-603, C.R.S., the treasurer shall promptly address the recommendation or finding and shall report to the board of county commissioners regarding the disposition of the recommendation or finding no later than ninety days after the issuance of the final audit report. If a treasurer fails to address a recommendation or finding or fails to report to the board as required by this subsection (3), the board may apply to a court of competent jurisdiction for an order compelling the treasurer to comply with the provisions of this subsection (3). If the court issues an order compelling the treasurer to comply with the provisions of this subsection (3) and the treasurer fails to comply, the treasurer shall be subject to penalties for contempt of the court issuing the order. Nothing in this subsection (3) shall be construed to limit the ability of the board or any other person to pursue any other legal remedy available to the board or person with regard to the actions of the treasurer.

Source: G.L. § 532. G.S. § 636. R.S. 08: § 1323. C.L. § 8798. CSA: C. 45, § 145. CRS 53: § 35-7-9. C.R.S. 1963: § 35-7-9. L. 98: Entire section amended, p. 239, § 2, effective April 10. L. 2002: (3) added, p. 73, § 1, effective August 7.

30-10-710. Apportionment and separation of funds.

It is the duty of the county treasurer to apportion and keep all taxes collected by him or her in the several funds for which the taxes were levied, and it shall not be lawful to use the moneys belonging to any fund for the purpose of paying warrants drawn upon some other fund or for the purpose of paying warrants issued before April 2, 1998, which properly should have been drawn upon some other fund; but the amount of interest gained through the investment of county funds, regardless of the origin of such funds, may be credited to the general fund of the county by the county treasurer, unless such investment is made from specific funds allocated for a definite purpose and so maintained. The treasurer and the sureties on his or her official bond or the insurer on the crime insurance policy, as applicable, shall be liable at the action of any taxpayer of the county for any violation of this section.

Source: L. 1891: p. 112, § 5. R.S. 08: § 1324. C.L. § 8799. CSA: C. 45, § 146. CRS 53: § 35-7-10. L. 55: p. 249, § 1. C.R.S. 1963: § 35-7-10. L. 98: Entire section amended, p. 149, § 1, effective April 2. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 563, § 26, effective August 11.

ANNOTATION

Where a school district became liable for interest on its bonds because of failure of its officers to publish notice as required, it was held that the treasurer was not liable because he paid interest coupons in violation of this section, since the failure of the district to give proper notice was the proximate cause of the injury. People ex rel. Sch. Dist. No. 6 v. Schaeffer, 100 Colo. 70 , 65 P.2d 699 (1937).

Interest earned on school district tax moneys prior to distribution to school districts which elect to have such moneys paid over to the district treasurer may be credited to the county general fund. Calhan Sch. Dist. No. 1 v. El Paso County, 686 P.2d 1321 (Colo. 1984).

30-10-711. Payment of warrants - call published.

  1. County orders and warrants, properly made and issued, shall be entitled to a preference as to payment, according to the order of time in which they may be presented to the county treasurer; but where two or more orders are presented at the same time, precedence shall be given to the order or warrant of the oldest date, and when two or more orders are presented at the same time, and there are no funds to the credit of the proper fund in the treasury to pay the same, the same shall be registered in the order of their date, precedence being given to the warrant of the oldest date. When there is in the treasury, to the credit of any fund, five hundred dollars or more, against which fund there are any outstanding and unpaid lawful warrants or orders, the county treasurer shall immediately give public notice of the fact by a written notice posted for thirty days at the outer door of the office of the treasurer. The treasurer, at the same time, shall call in for payment all outstanding and unpaid lawful warrants and orders drawn on said fund which the moneys in the treasury will pay and which are entitled to payment from said funds.
  2. Such notice shall also contain the number, date, and amount of such warrants and orders as are entitled to payment and call upon the holders thereof to present the same for payment to the treasurer within thirty days from the day of the posting of said notice, and that interest on the sums due by said warrants and orders will cease to accrue thereon after the last day of said posting of said notice, and interest shall cease to accrue on said sums accordingly. Such notice shall be dated at the county seat, be signed by the treasurer, and a record of the same be kept in the office of the treasurer in a book provided for that purpose; and such books shall be open to inspection and examination at all reasonable hours. Such funds shall be held by the county treasurer for the payment of the warrants and orders called by him, until the expiration of six years from the date of registry of such warrants and orders, when the same shall be paid out upon such other warrants or orders as are entitled to payment on the day of the expiration of the six years.
  3. The treasurer shall pay by electronic transfer any written authorization issued by the board of county commissioners directing the treasurer to make payment of claims against the county electronically.
  4. Payment of county warrants and orders by electronic transfer shall be made only after the treasurer approves the release of funds for such electronic transfer.
  5. For purposes of this part 7, "order" means all orders and authorizations issued by the board of county commissioners for the payment of claims against the county. "Order" includes any warrant issued by the board of county commissioners and any written authorization issued by the board of county commissioners directing the treasurer to make payment of claims against the county by electronic transfer.

Source: G.L. § 533. G.S. § 637. L. 1887: p. 243, § 4. R.S. 08: § 1325. C.L. § 8800. CSA: C. 45, § 147. CRS 53: § 35-7-11. C.R.S. 1963: § 35-7-11. L. 96: Entire section amended, p. 563, § 25, effective April 24. L. 98: (3) to (5) added, p. 149, § 2, effective April 2.

Cross references: For the publication of legal notices, see part 1 of article 70 of title 24.

ANNOTATION

County warrants are payable in the order of their presentation to the county treasurer, and not otherwise, and the law enters into and becomes part of the contract between the county and the holders of its warrants, and each registered warrant matures as soon as sufficient money has accumulated in the treasury to the credit of the proper fund for its payment, after paying all other warrants of the same class whose registry was prior in time. Bd. of Comm'rs v. People ex rel. New Hampshire Sav. Bank, 16 Colo. App. 215, 64 P. 675 (1901).

Contractual obligation. It is settled by authority that where the law, at the time of the issuance of a warrant, provides for its payment in the order of its presentation this becomes a part of the contract and cannot be altered or changed, at least without an equally safe, certain, and speedy provision for payment. E. H. Rollins & Sons v. Bd. of Comm'rs, 199 F. 71 (8th Cir. 1912).

No legislative impairment allowed. The county is bound by contract to give orders precedence in payment over all orders subsequently issued, and the county commissioners can take no step, either with or without legislative sanction, that shall impair the obligation of these contracts. People v. Austin, 11 Colo. 134, 17 P. 485 (1887).

The holder of a warrant has the right to its payment at its maturity, and without his consent he cannot be deprived of that right by the holders of other warrants, or by the county. Bd. of Comm'rs v. People ex rel. New Hampshire Sav. Bank, 16 Colo. App. 215, 64 P. 675 (1901).

Right to sue. It was held that a county warrant payable out of any money in the treasury appropriated for county expenditures was a written acknowledgment of indebtedness by the county and if not paid, when presented, could be sued on by the legal holder, although there was no money in the treasury to pay. Schloss v. Bd. of County Comm'rs, 1 Colo. App. 145, 28 P. 18 (1891).

The statute of limitations does not commence to run against warrants until there is sufficient money in the treasury to pay them and prior orders. E. H. Rollins & Sons v. Bd. of Comm'rs, 199 F. 71 (8th Cir. 1912).

30-10-712. Funds payable in order of presentment.

Every fund in the hands of the county treasurer for disbursements shall be paid out in the order in which the orders drawn thereon and payable out of said fund are presented for payment.

Source: G.L. § 540. G.S. § 644. R.S. 08: § 1327. C.L. § 8802. CSA: C. 45, § 149. CRS 53: § 35-7-13. C.R.S. 1963: § 35-7-13.

30-10-713. Delivery of books to successor - penalty.

Upon the resignation or removal from office of any county treasurer, all the books and papers belonging to the treasurer's office, and all moneys in the treasurer's hands by virtue of the treasurer's office, shall be delivered to the treasurer's successor in office, upon the oath of such preceding treasurer, or in case of the treasurer's death, upon oath of the treasurer's executors or administrators. If any such preceding county treasurer, or in case of the treasurer's death, the treasurer's executors or administrators neglect or refuse to deliver up such books, papers, and moneys on oath, when lawfully demanded, every such person shall forfeit a sum of not less than one hundred dollars nor more than five hundred dollars.

Source: G.L. § 534. G.S. § 638. R.S. 08: § 1328. C.L. § 8803. CSA: C. 45, § 150. CRS 53: § 35-7-14. C.R.S. 1963: § 35-7-14. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 564, § 27, effective August 11.

ANNOTATION

The requirement is not that the treasurer shall turn over to the various governmental units the sum due each, but that he shall make delivery to his successor, such is the mandate of this section in relation to his duty, and his bond, also statutorily couched is of like import, and the moneys involved therefore belonged to the county in the sense that it has authority to maintain an action for their recovery. Patterson v. People ex rel. Bd. of Comm'rs, 98 Colo. 86 , 53 P.2d 1187 (1935).

30-10-714. Treasurer collector of taxes.

The county treasurer of each county shall be, by virtue of his office, collector of taxes therein, and shall perform such duties in that regard as are prescribed by law.

Source: G.L. § 535. G.S. § 639. R.S. 08: § 1329. C.L. § 8804. CSA: C. 45, § 151. CRS 53: § 35-7-15. C.R.S. 1963: § 35-7-15.

ANNOTATION

Statutes outlining the steps to be taken by county treasurers to obtain the amount of taxes levied are very comprehensive and detailed. Skidmore v. O'Rourke, 152 Colo. 470 , 383 P.2d 473 (1963).

Since the general assembly has exclusive jurisdiction over tax matters, county treasurers may exercise only such powers as have been delegated to them. Skidmore v. O'Rourke, 152 Colo. 470 , 383 P.2d 473 (1963).

The county treasurer and the assessor in whom the power of assessment and collection of taxes is confided must be qualified electors of their respective counties and take the statutory oath of office, because they are given the power to discover, and furnished with facilities to bring to light, omitted assessable property. Chase v. Bd. of Comm'rs, 37 Colo. 268, 86 P. 1011, 11 Ann. Cas. 483 (1906).

30-10-715. Treasurer to issue receipt for money collected.

Upon payment of any money to him, the county treasurer shall issue his receipt therefor to the person paying it, setting forth the account upon which it is paid, and, in the case of the payment of taxes, such receipt shall state the valuation of property taxed, the rate of taxation, and the total amount of such taxes to agree with his cash book.

Source: G.L. § 538. G.S. § 642. L. 1887: p. 234, § 2. R.S. 08: § 1330. C.L. § 8805. CSA: C. 45, § 152. CRS 53: § 35-7-16. C.R.S. 1963: § 35-7-16.

30-10-716. Treasurer to assess property, when.

It is the duty of the county treasurer to assess, at a fair value, the property of any person liable to pay taxes which the county assessor has failed to assess, to place the same on the tax roll, and to collect taxes on the same in the manner provided by law. Such treasurer shall not be compelled to assess such property in person; and he is authorized to administer oaths to such persons, or any others, touching the value of said property.

Source: G.L. § 536. G.S. § 640. R.S. 08: § 1331. C.L. § 8806. CSA: C. 45, § 153. CRS 53: § 35-7-17. C.R.S. 1963: § 35-7-17.

ANNOTATION

Power and facilities. The county treasurer and the assessor in whom the power of assessment and collection of taxes is confided are given the power to discover, and furnished with facilities to bring to light, omitted assessable property. Chase v. Bd. of Comm'rs, 37 Colo. 268, 86 P. 1011 (1906).

30-10-717. Cash book - open to inspection.

Every county treasurer shall keep in his office a cash book, wherein shall be entered every sum of money paid to him by virtue of his office, the date of such payment, the name of the person paying the same, the account upon which the same was paid, the nature of the funds so paid to him, whether money, state or county scrip, or evidences of state or county indebtedness, and the amount of each separate kind. Such cash book, at all reasonable hours of the day, shall be open to the inspection and examination of all persons desiring to inspect or examine the same.

Source: G.L. § 537. G.S. § 641. R.S. 08: § 1332. C.L. § 8807. CSA: C. 45, § 154. CRS 53: § 35-7-18. C.R.S. 1963: § 35-7-18.

30-10-718. Registry of orders - open to inspection.

Every county treasurer shall keep in his or her office a record to be called the registry of county orders wherein shall be entered at the date of the presentation thereof and without any interval or blank line between any such entry and the one preceding it every county order or other certificate or evidence of county indebtedness presented to such county treasurer for payment. At any time that the county has insufficient funds to pay the indebtedness evidenced on such order or other certificate or evidence of county indebtedness, the date and number of such order, the amount for which the same is payable, the date of the presentation thereof, the name of the person to whom such order is by the terms thereof payable, and the name of the person presenting the same. Every such registry of county orders, at all reasonable hours, shall be open to inspection and examination of any person desiring to inspect or examine the same.

Source: G.L. § 539. G.S. § 643. R.S. 08: § 1333. C.L. § 8808. CSA: C. 45, § 155. CRS 53: § 35-7-19. C.R.S. 1963: § 35-7-19. L. 98: Entire section amended, p. 150, § 3, effective April 2.

30-10-719. Charge to grand jury. (Repealed)

Source: L. 1889: p. 457, § 1. R.S. 08: § 1334. C.L. § 8809. L. 33: p. 402, § 1. CSA: C. 45, § 156. CRS 53: § 35-7-20. C.R.S. 1963: § 35-7-20. L. 94: Entire section repealed, p. 1052, § 8, effective July 1.

30-10-720. Committee to investigate accounts of treasurer. (Repealed)

Source: L. 1889: p. 457, § 2. R.S. 08: § 1335. C.L. § 8810. CSA: C. 45, § 157. CRS 53: § 35-7-21. C.R.S. 1963: § 35-7-21. L. 94: Entire section repealed, p. 1052, § 8, effective July 1.

30-10-721. Investigation of accounts - report. (Repealed)

Source: L. 1889: p. 458, § 3. R.S. 08: § 1336. C.L. § 8811. CSA: C. 45, § 158. CRS 53: § 35-7-22. C.R.S. 1963: § 35-7-22. L. 94: Entire section repealed, p. 1052, § 8, effective July 1.

30-10-722. Committee appointed once in three months only. (Repealed)

Source: L. 1889: p. 458, § 4. R.S. 08: § 1337. C.L. § 8812. CSA: C. 45, § 159. CRS 53: § 35-7-23. C.R.S. 1963: § 35-7-23. L. 94: Entire section repealed, p. 1052, § 8, effective July 1.

30-10-723. Committee power to examine witnesses. (Repealed)

Source: L. 1889: p. 458, § 5. R.S. 08: § 1338. C.L. § 8813. CSA: C. 45, § 160. CRS 53: § 35-7-24. C.R.S. 1963: § 35-7-24. L. 72: p. 557, § 12. L. 94: Entire section repealed, p. 1052, § 8, effective July 1.

30-10-724. Committee to examine books and accounts. (Repealed)

Source: L. 1889: p. 459, § 6. R.S. 08: § 1339. C.L. § 8814. CSA: C. 45, § 161. CRS 53: § 35-7-25. C.R.S. 1963: § 35-7-25. L. 94: Entire section repealed, p. 1052, § 8, effective July 1.

30-10-725. Refusal of treasurer to answer - contempt. (Repealed)

Source: L. 1889: p. 459, § 7. R.S. 08: § 1340. C.L. § 8815. CSA: C. 45, § 162. CRS 53: § 35-7-26. C.R.S. 1963: § 35-7-26. L. 94: Entire section repealed, p. 1052, § 8, effective July 1.

30-10-726. Failure of treasurer to perform duties - penalty.

Every county treasurer who fails, neglects, or refuses to perform the duties of the office of the treasurer set forth in this part 7 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than five hundred dollars, and the court may adjudge that such treasurer be removed from office. This section shall extend to the deputies of every such county treasurer.

Source: G.L. § 542. G.S. § 646. R.S. 08: § 1341. C.L. § 8816. CSA: C. 45, § 163. CRS 53: § 35-7-27. C.R.S. 1963: § 35-7-27. L. 98: Entire section amended, p. 150, § 4, effective April 2. L. 2002: Entire section amended, p. 74, § 2, effective August 7.

PART 8 ASSESSOR

30-10-801. Assessor - election - bond - insurance - term - oath or affirmation.

  1. A county assessor shall be elected in each county at a general election and, except as provided in subsection (2) of this section, shall: Give bond to the people of the state of Colorado with two or more sufficient sureties, in a sum of not less than six thousand dollars for the performance of the assessor's duties according to law and to the satisfaction of the board of county commissioners; take an oath or affirmation in accordance with section 24-12-101; be a qualified elector of the county; and hold office for four years and until a successor is elected and qualified.
  2. In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage in an amount not less than ten thousand dollars on behalf of the assessor to protect the people of the county from any malfeasance on the part of the assessor while in office.

Source: G.L. § 548. L. 1881: p. 99, § 1. G.S. § 647. R.S. 08: § 1342. C.L. § 8817. CSA: C. 45, § 164. CRS 53: § 35-8-1. L. 56: p. 130, § 5. C.R.S. 1963: § 35-8-1. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 564, § 28, effective August 11. L. 2018: (1) amended, (HB 18-1138), ch. 88, p. 697, § 26, effective August 8.

Cross references: (1) For the oath of civil officers, see § 8 of art. XII, Colo. Const.; for county officers' election and term in office, see § 8 of art. XIV, Colo. Const.; for the election of county assessors, see § 1-4-206.

(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

ANNOTATION

The liability of sureties on official bonds is limited by their terms strictly construed. People ex rel. Layden v. Jackson, 16 Colo. App. 308, 64 P. 1051 (1901); People ex rel. Howard v. Cobb, 10 Colo. App. 478, 51 P. 523 (1897).

And the sureties on an assessor's official bond are not liable to his successor for fees collected after the expiration of his term and during the time he wrongfully withheld the office from his successor. People ex rel. Layden v. Jackson, 16 Colo. App. 308, 64 P. 1051 (1901).

30-10-802. Assessment district - deputy in each - oath or affirmation - bond.

  1. When the board of county commissioners of any county is of the opinion that the assessor is unable to perform the duties of office within the time prescribed by law, the board shall divide the county into assessment districts and shall require the assessor to appoint a deputy in each district, who shall: Be a qualified elector of the district; take an oath or affirmation in accordance with section 24-12-101; and, except as provided in subsection (2) of this section, give bond to the principal.
  2. In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of a deputy assessor to protect the people of the county from any malfeasance on the part of the deputy assessor while in office.

Source: G.L. § 549. L. 1879: p. 40, § 1. G.S. § 648. R.S. 08: § 1343. C.L. § 8818. CSA: C. 45, § 165. CRS 53: § 35-8-2. C.R.S. 1963: § 35-8-2. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 564, § 29, effective August 11. L. 2018: (1) amended, (HB 18-1138), ch. 88, p. 698, § 27, effective August 8.

Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

ANNOTATION

There is a well-recognized distinction between a deputy and an assistant; the former must be a qualified elector, take the oath of office and give bond to the assessor, whereas the latter need not be a qualified elector and is not required to take the oath of office or to give bond, because a deputy assessor performs duties requiring the exercise of discretion; not so an assistant. Bd. of County Comm'rs v. Davis, 94 Colo. 330 , 30 P.2d 266 (1934).

No power is conferred on the assessor to create assessment districts, nor can he appoint deputy assessors until such districts are created, and some discretion is lodged in the board of county commissioners as to when the necessity arises for such division of the county. Roberts v. People, 9 Colo. 458, 13 P. 630 (1886).

Reimbursement for clerk. Since it was not through any neglect or default of the assessor that a county was not divided into districts which would have authorized him to appoint deputies instead of clerks, it would be inequitable to require the assessor to bear the expenses thus necessarily incurred; having paid the clerks, the assessor's right to reimbursement, although not covered by the express terms of this section, may be fairly implied therefrom, also the power of the commissioners to allow the claim. Roberts v. People, 9 Colo. 458, 13 P. 630 (1886).

Commissioners' contract for assessment ultra vires. Where board of county commissioners, under its authority to manage the business of the county, entered into a contract with plaintiffs to fix valuations of land, which assessor admittedly was unable to determine, such contract is ultra vires and void, because the right to employ capable assistants comes within the purview of the duties primarily conferred on the assessor and cannot be claimed as an implied power of the board of county commissioners, because the board, as such, has no authority to impose itself upon the express powers of another county officer. Pritchard v. Bd. of County Comm'rs, 119 Colo. 318 , 204 P.2d 156 (1949).

30-10-803. Office and supplies - expenses.

  1. The county assessor shall keep his or her office at the county courthouse or at a location in the county seat provided by the board of county commissioners, and shall be provided with a suitable room, vault, necessary office furnishings, books, maps, plats, and all forms and blanks required to be used, and other office supplies.
  2. Notwithstanding the provisions of subsection (1) of this section, the assessor may keep one or more offices outside of the county seat. Any such office shall be in addition to his or her respective office kept pursuant to subsection (1) of this section and shall be within the same county. Any such additional office may be kept only if the board of county commissioners of such county makes office space or funding available to provide for the office. As used in this section, "office" shall mean a place where some or all of the duties of the assessor are conducted. All necessary expenses shall be audited and paid as other county expenses are audited and paid.

Source: L. 13: p. 527, § 1. C.L. § 8819. CSA: C. 45, § 166. CRS 53: § 35-8-3. C.R.S. 1963: § 35-8-3. L. 2001: Entire section amended, p. 652, § 2, effective May 30.

30-10-804. Assistants - refusal to furnish - appeal. (Repealed)

Source: L. 13: p. 528, § 4. C.L. § 8820. CSA: C. 45, § 167. CRS 53: § 35-8-4. C.R.S. 1963: § 35-8-4. L. 72: p. 589, § 51. L. 77: Entire section repealed, p. 1739, § 24, effective June 20.

30-10-805. Expenses of assessor. (Repealed)

Source: L. 13: p. 529, § 6. C.L. § 8821. CSA: C. 45, § 168. CRS 53: § 35-8-5. C.R.S. 1963: § 35-8-5. L. 77: Entire section amended, p. 1739, § 23, effective June 20. L. 88: Entire section repealed, p. 917, § 4, effective April 14.

Cross references: For present provisions concerning the payment of actual and necessary expenses of county officers while engaged in business on behalf of the county, see § 30-2-102 (3)(e).

PART 9 SURVEYOR

30-10-901. Surveyor - election - bond - insurance.

  1. A county surveyor shall be elected for a term of four years, shall be a professional land surveyor as provided in part 3 of article 120 of title 12, and, except as provided in subsection (2) of this section, shall file an official bond in the office of the county clerk and recorder, to be approved by the board of county commissioners, in the sum of one thousand dollars, conditioned for the faithful discharge of duties.
  2. In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage in an amount not less than ten thousand dollars on behalf of the surveyor to protect the people of the county from any malfeasance on the part of the surveyor while in office.

Source: G.L. § 543. G.S. § 650. R.S. 08: § 1345. C.L. § 8822. CSA: C. 45, § 169. CRS 53: § 35-9-1. L. 56: p. 130, § 6. L. 63: p. 265, § 1. C.R.S. 1963: § 35-9-1. L. 69: p. 224, § 1. L. 84: Entire section amended, p. 1121, § 29, effective June 7. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 565, § 30, effective August 11. L. 2019: (1) amended, (HB 19-1172), ch. 136, p. 1718, § 213, effective October 1.

30-10-902. Deputies - certificates admitted as evidence.

The county surveyor may appoint as many deputies as he thinks proper, for whose official acts he shall be responsible. The certificate of the county surveyor or any of his deputies shall be admitted as legal evidence in any court of the state, but the certificate may be explained or rebutted by other evidence.

Source: G.L. § 544. G.S. § 651. R.S. 08: § 1346. C.L. § 8823. CSA: C. 45, § 170. CRS 53: § 35-9-2. C.R.S. 1963: § 35-9-2.

30-10-903. Duties and powers of the county surveyor.

  1. The duties of the county surveyor are:
    1. To represent the county in boundary disputes between adjoining counties pursuant to section 30-6-110, and in section or quarter corner disputes pursuant to section 30-10-906, and to locate lost, destroyed, or disputed corners and boundaries pursuant to section 38-44-104;
    2. To notify the county attorney of any unsettled boundary disputes or boundary discrepancies within the county which may come to his attention;
    3. To file in the office of the county surveyor, or in the office of the county clerk and recorder if there is no office for the county surveyor in the county, all surveys, field notes, calculations, maps, and any other records pertaining to work authorized and financed by the board of county commissioners. All surveys made by the county surveyor or his deputies shall be numbered consecutively by the county surveyor, and all field notes and calculations pertaining to such surveys shall be endorsed by the county surveyor with the number of the survey to which they pertain.
  2. The county surveyor may, when authorized by the board of county commissioners, and when financially compensated by agreement between the surveyor and the board of county commissioners:
    1. Conduct surveys to establish the boundaries of county property, including road rights-of-way, or any other surveys necessary to the county;
    2. Accept for filing maps of surveys that establish monuments and keep a current record of all survey monuments within the county;
    3. Examine all survey maps and plats before they are recorded by the county clerk and recorder to insure proper content and form;
    4. Conduct geodetic control surveys, vertical control surveys, or any surveys for the purpose of geographic information systems;
    5. Conduct or supervise construction surveys necessary to the county;
    6. Provide reference monuments for or the remonumentation or monument upgrades of public land survey system monuments that are destroyed by county construction or other functions; and
    7. Provide other services requiring the expertise of a professional land surveyor as agreed upon by the county surveyor and the county board of commissioners.
  3. The county commissioners may elect to have any service specified in subsection (2) of this section contracted out to a qualified private professional surveyor or survey firm, or have another department in the county that employs Colorado licensed surveyors perform the work.

Source: G.L. § 545. G.S. § 652. R.S. 08: § 1347. C.L. § 8824. CSA: C. 45, § 171. CRS 53: § 35-9-3. L. 63: p. 265, § 2. C.R.S. 1963: § 35-9-3. L. 94: (1)(a) amended, p. 1507, § 40, effective July 1. L. 2007: (2)(d), (2)(e), and (2)(f) added, p. 293, § 4, effective August 3. L. 2017: (1)(a), IP(2), (2)(e), and (2)(f) amended and (2)(g) and (3) added, (HB 17-1017), ch. 15, p. 43, § 1, effective August 9.

30-10-904. Vacancy - how filled.

If the office of county surveyor is at any time vacant, the board of county commissioners shall, within six months after the vacancy occurs, appoint some suitable and qualified person, who need not be a resident of the county, to fill the position of surveyor until the next general election.

Source: G.L. § 547. G.S. § 654. R.S. 08: § 1349. C.L. § 8826. CSA: C. 45, § 173. CRS 53: § 35-9-5. C.R.S. 1963: § 35-9-4. L. 2002: Entire section amended, p. 77, § 1, effective August 7. L. 2017: Entire section amended, (HB 17-1017), ch. 15, p. 44, § 2, effective August 9.

30-10-905. Remuneration - expenses.

  1. In counties of every class, the board of county commissioners may provide for additional compensation by agreement between the county surveyor and the board of county commissioners to be paid to the county surveyor who performs services for the county in addition to the duties specified in section 30-10-903, which compensation shall be paid out of the county treasury.
  2. The board of county commissioners may authorize any material and equipment necessary for the performance of any of the duties of the county surveyor; but, the material and equipment so provided shall not be used for any purpose other than to perform the duties of the county surveyor.
  3. A county surveyor and any of his deputies may engage in private survey practice, if such private practice does not interfere with the performance of their official duties.
  4. Except as provided in section 30-10-906, no county surveyor nor any of his deputies shall accept any remuneration other than that provided by the board of county commissioners for the performance of any act required as part of his official duties.
  5. While engaged in an act necessary to the performance of his official duties, no county surveyor nor any of his deputies shall perform any act not directly related to his official duties.

Source: L. 63: p. 266, § 3. C.R.S. 1963: § 35-9-5. L. 78: (4) amended, p. 272, § 92, effective May 23. L. 94: (4) amended, p. 1508, § 41, effective July 1. L. 2006: (1) amended, p. 449, § 4, effective August 7. L. 2010: (1) amended, (SB 10-182), ch. 291, p. 1352, § 2, effective May 26. L. 2017: (1) amended, (HB 17-1017), ch. 15, p. 44, § 3, effective August 9.

30-10-906. Disputed boundaries - notice - establishment of legal corner monument.

  1. Whenever the proper location of any section corner or quarter section corner is in dispute, a corner monument shall be established by the county surveyor for the county in which such corner is located pursuant to this section.
    1. Upon receipt of an application from any party in interest and the fee required pursuant to subsection (4) of this section and subsequent to giving notice as required pursuant to paragraph (b) of this subsection (2), the county surveyor shall gather evidence and conduct any necessary surveys to establish the location of a monument.
    2. Within two weeks of receipt of an application and fee pursuant to paragraph (a) of this subsection (2), the county surveyor shall give notice including the date when such surveyor will be in the vicinity of the disputed corner in the following manner:
      1. For parties whose property rights might be affected by the establishment of the location of a monument, by written notice;
      2. For parties to whom written notice cannot be given because of an incorrect address or because there are more than fifty known affected landowners, by publishing for four consecutive weeks in a newspaper of general circulation in the applicable county or, if there is no newspaper published in such county, in some newspaper of general circulation published in the nearest county;
      3. For all professional land surveyors who have filed a monument record on the disputed corner or on any aliquot corner within one mile thereof and all professional land surveyors known to have performed land surveys in the vicinity of the disputed corner, by written notice to the extent practicable.
    1. On the date given in the notices pursuant to subsection (2) of this section, the county surveyor shall proceed to establish the corner monument in accordance with section 38-51-103, C.R.S., and with the field notes of original surveys made by the United States by firmly planting a monument at the points found. The county surveyor shall accurately take and note courses and distances from such established monument to one or more prominent objects of a permanent nature if there are any in the vicinity and make a plat or map of the survey.
    2. The county surveyor shall record the survey and a statement of the proceedings, including the application, notice, and names of the parties in interest, in the records of the office of the county surveyor.
    3. Any corner monument established pursuant to this section shall be the true and legal monument defining the boundary corner as stated in the record of the survey; except that any affected party may, pursuant to article 44 of title 38, C.R.S., appeal the result within six months after the date the corner monument is established.
    1. The reasonable fees and expenses incurred by the county surveyor in establishing a corner shall be paid by the party applying therefor.
    2. At the time the application is filed, the county surveyor shall estimate the probable fees and expenses to be incurred in establishing the corner and shall collect that amount from the applicant.
    3. After the corner has been established, if the estimated amount exceeds the actual fees and expenses, the excess shall be refunded. If the fees and expenses exceed the estimated amount, the applicant shall pay the difference to the county surveyor.

Source: L. 94: Entire section added, p. 1508, § 42, effective July 1. L. 97: (3)(c) amended, p. 1629, § 4, effective July 1. L. 2010: (3)(c) amended, (HB 10-1085), ch. 95, p. 324, § 3, effective August 11.

ANNOTATION

Law reviews. For article, "CRS § 38-44-112 Boundary Line Agreements", see 46 Colo. Law. 61 (Mar. 2017).

The procedures set forth under this section may be used to resolve disputes over the proper location of a section or quarter section corner, even if those disputes are related to the location of a private boundary. Cumpston v. Neirinckx, 1 P.3d 752 (Colo. App. 2000).

30-10-907. County surveyor to administer oaths.

County surveyors shall have the authority to administer an oath or affirmation to deputies and assistants acting under them faithfully and impartially to discharge their duties as deputies and assistants.

Source: L. 94: Entire section added, p. 1508, § 42, effective July 1.

PART 10 SUPERINTENDENT OF SCHOOLS

30-10-1001 to 30-10-1011. (Repealed)

Source: L. 84: Entire part repealed, p. 582, § 1, effective March 19.

Editor's note: This part 10 was numbered as article 10 of chapter 35, C.R.S. 1963. For amendments to this part 10 prior to its repeal in 1984, 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.

COUNTY POWERS AND FUNCTIONS

General

ARTICLE 11 COUNTY POWERS AND FUNCTIONS

Cross references: For the power of boards of county commissioners in the control and eradication of rodents and predatory animals, see part 2 of article 7 of title 35; for licenses for operating dance halls, see article 18 of title 12; for family planning and birth control services rendered by counties, see part 2 of article 6 of title 25; for provisions regarding county airport revenue bonds, see article 5 of title 41; for the "County and Municipality Development Revenue Bond Act", see article 3 of title 29; for the power of boards of county commissioners to create cemetery districts, see part 8 of article 20 of this title; for definitions applicable to this article, see § 30-26-301 (2)(d).

Section

PART 1 GENERAL PROVISIONS

PART 2 CITY AND COUNTY OF DENVER

PART 3 OIL, GAS, AND MINERAL RIGHTS

PART 4 LAW ENFORCEMENT AUTHORITIES

PART 5 COUNTY HOME RULE CHARTERS

PART 6 TELECOMMUNICATIONS RESEARCH FACILITIES OF THE UNITED STATES

PART 1 GENERAL PROVISIONS

30-11-101. Powers of counties.

  1. Each organized county within the state shall be a body corporate and politic and as such shall be empowered for the following purposes:
    1. To sue and be sued;
    2. To purchase and hold real and personal property for the use of the county, and acquire lands sold for taxes, as provided by law;
    3. To sell, convey, or exchange any real or personal property owned by the county and make such order respecting the same as may be deemed conducive to the interests of the inhabitants; and to lease any real or personal property, either as lessor or lessee, together with any facilities thereon, when deemed by the board of county commissioners to be in the best interests of the county and its inhabitants;
    4. To make all contracts and do all other acts in relation to the property and concerns necessary to the exercise of its corporate or administrative powers. Any such contract may by its terms exceed one year and shall be binding upon the parties thereto as to all of its rights, duties, and obligations.
    5. To exercise such other and further powers as may be especially conferred by law;
    6. To develop, maintain, and operate mass transportation systems, which power shall be vested either individually in the board of county commissioners or jointly with other political subdivisions or governmental entities formed pursuant to the provisions of part 2 of article 1 of title 29, C.R.S. Except as provided in paragraph (j) of this subsection (1), this provision shall not apply to any county or portion thereof encompassed by the regional transportation district as formed pursuant to the provisions of article 9 of title 32, C.R.S. Counties, by ordinance adopted, administered, and enforced in accordance with part 4 of article 15 of this title, shall have the authority: To fix, maintain, and revise passenger fees, rates, and charges, and terms and conditions for such systems; to prescribe the method of development, maintenance, and operation of such mass transportation systems; and to receive contributions, gifts, or other support from public and private entities to defray the operating costs of such systems.
    7. To provide for the payment of construction, installation, operation, and maintenance of street lighting by ordinance adopted, administered, and enforced in accordance with part 4 of article 15 of this title and to assess, either in whole or in part, the cost of constructing, installing, operating, and maintaining such street lighting against the property in the vicinity of such street lighting in proportion to the frontage of the property abutting the road, street, or alley where such street lighting is so constructed, installed, operated, and maintained;
    8. To enter into contracts with the executive director of the department of corrections pursuant to section 16-11-308.5, C.R.S., for the placement of persons under the custody of the executive director in county jails or adult detention centers;
    9. To dispose of abandoned personal property acquired by an elected county official or county employee in performing official duties. Said personal property may be disposed of only after the exercise of due diligence to determine the owner of such personal property. Such personal property may be sold, discarded, or used for county purposes as the board of county commissioners deems to be in the best interests of the county.
    10. For any county located in whole or in part within the boundaries of the regional transportation district, to provide transit services in cooperation with and pursuant to consultation with the board of directors of the district. For purposes of this paragraph (j), "county" means any county or city and county.
    11. To coordinate, pursuant to 43 U.S.C. sec. 1712, the "National Environmental Policy Act of 1969", 42 U.S.C. sec. 4321 et seq., 40 U.S.C. sec. 3312, 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 40 CFR parts 1500 to 1508, with the United States secretary of the interior and the United States secretary of agriculture to develop land management plans that address hazardous fuel removal and other forest management practices, water development and conservation measures, watershed protection, the protection of air quality, public utilities protection, and private property protection on federal lands within such county's jurisdiction.
  2. Counties have the authority to adopt and enforce ordinances and resolutions regarding health, safety, and welfare issues as otherwise prescribed by law. In addition to any other enforcement or collection method authorized by law, if a county passes an ordinance or resolution of which a violation would be a class 2 petty offense, the county may elect to apply the penalty assessment procedure set forth in section 16-2-201, C.R.S., and may adopt a graduated fine schedule for multiple offenses. If a specified offense would be an unclassified misdemeanor, a county may elect to downgrade the offense to a class 2 petty offense and apply the penalty assessment procedure under circumstances deemed appropriate and prescribed by the county in an ordinance or resolution.

Source: G.L. § 428. G.S. § 521. R.S. 08: § 1177. C.L. § 8658. CSA: C. 45, § 1. CRS 53: § 36-1-1. C.R.S. 1963: § 36-1-1. L. 73: pp. 465, 466, §§ 1, 1. L. 79: (1)(g) added, p. 1150, § 2, effective April 25. L. 88: (1)(h) added, pp. 677, 711, §§ 5, 12, effective July 1. L. 90: (1)(f) and (1)(g) R&RE, p. 1446, § 1, effective July 1. L. 92: (1)(i) added, p. 967, § 9, effective June 1. L. 93: (1)(h) amended, p. 407, § 6, effective April 19. L. 2002: (1)(f) amended and (1)(j) added, p. 733, § 3, effective August 7; (1)(f) amended and (1)(j) added, p. 713, § 3, effective August 7. L. 2003: (1)(k) added, p. 1036, § 10, effective April 17. L. 2008: (2) added, p. 57, § 2, effective August 5.

Cross references: For the legislative declaration contained in the 2003 act enacting subsection (1)(k), see section 1 of chapter 145, Session Laws of Colorado 2003.

ANNOTATION

Analysis

I. GENERAL CONSIDERATION.

Law reviews. For article, "The Emerging Relationship Between Environmental Regulations and Colorado Water Law", see 53 U. Colo. L. Rev. 597 (1982).

A county is not an independent governmental entity existing by reason of any inherent sovereign authority of its residents, rather, it is a political subdivision of the state, existing only for the convenient administration of the state government, created to carry out the will of the state. Stermer v. Bd. of Comm'rs, 5 Colo. App. 379, 38 P. 839 (1895); Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900); Bd. of County Comm'rs v. Love, 172 Colo. 121 , 470 P.2d 861 (1970).

A county in Colorado is nothing more than an agency of the state in the general administration of the state policy, and its powers are solely governmental. Stermer v. Bd. of Comm'rs, 5 Colo. App. 379, 38 P. 839 (1895); Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900).

And it does not, like a municipal corporation, possess a complete local government of its own, executive, legislative, and judicial. Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900).

Express and implied powers. As a political subdivision, a county, and its commissioners, possess only such powers as are expressly conferred upon them by the constitution and statutes, and such incidental implied powers as are reasonably necessary to carry out such express powers. Stermer v. Bd. of Comm'rs, 5 Colo. App. 379, 38 P. 839 (1895); Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900); Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959); Bd. of County Comm'rs v. Love, 172 Colo. 121 , 470 P.2d 861 (1970); Bainbridge, Inc. v. Bd. of County Comm'rs, 964 P.2d 575 (Colo. App. 1998).

Statutory taxing duties on behalf of others. Counties and county officers are charged with specific statutory duties in assessing property for tax purposes, levying taxes, collecting taxes, foreclosing tax liens when the taxes are not paid, acquiring title to tax delinquent property, and disposing of property so acquired, and in these matters the counties and their officers act in behalf of the state, towns and cities, school districts, conservancy districts, and other taxing authorities. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

General assembly may delegate authority to county based upon reasonableness standard in appropriate circumstances where, as in the case of setting fees for county building permits, flexibility is required for counties to operate effectively in addressing local concerns. Bainbridge, Inc. v. Bd. of County Comm'rs, 964 P.2d 575 (Colo. App. 1998).

II. POWER TO SUE AND BE SUED.

A county is not sovereign in the sense in which the state is sovereign, exempt from suit except by its own consent. Bd. of Comm'rs v. City of Colo. Springs, 66 Colo. 111, 180 P. 301 (1919).

This section expressly authorizes counties to sue or be sued. City & County of Denver v. Miller, 151 Colo. 444 , 379 P.2d 169 (1963).

This undoubtedly carries with it the right when sued to interpose every defense, legal and equitable, which it may have, including the statute of limitations. Schloss v. Bd. of County Comm'rs, 1 Colo. App. 145, 28 P. 18 (1891).

The right "to sue" relates to the county's function as a body corporate and can only be exercised within the framework of the specific powers granted counties and boards of county commissioners, such does not grant a general power to sue in any and all situations. Bd. of County Comm'rs v. Love, 172 Colo. 121 , 470 P.2d 861 (1970).

But no express limitation is put upon the class of subject matter in respect to which that power can be exercised. City & County of Denver v. Miller, 151 Colo. 444 , 379 P.2d 169 (1963).

And it cannot be that a county must submit to have such portion of its territory unlawfully taken from it and transferred to another county, without being able to contest the legality of the proceeding. City & County of Denver v. Miller, 151 Colo. 444 , 379 P.2d 169 (1963).

The state is not liable in damages for the negligence of its servants, nor are other governmental corporate entities liable for the tortious acts of their servants performing duties in furtherance of a governmental function, as distinguished from a proprietary function. Liber v. Flor, 143 Colo. 205 , 353 P.2d 590 (1960); M. & M. Oil Transp., Inc. v. Bd. of County Comm'rs, 143 Colo. 309 , 353 P.2d 613 (1960).

Therefore, counties are not liable for the tortious acts of their servants performing duties in furtherance of a governmental function as distinguished from a proprietary function. Liber v. Flor, 143 Colo. 205 , 353 P.2d 590 (1960).

Also the doctrine of respondeat superior applicable to the relation of master and servant does not apply to a public county officer so as to render him responsible for the acts or omissions of subordinates whether appointed by him or not, unless he, having the power of selection, has failed to use ordinary care therein, or unless he has been negligent in supervising the acts of such subordinates, or has directed or authorized the wrong. Liber v. Flor, 143 Colo. 205 , 353 P.2d 590 (1960).

But where servants or employees of a county are the actual tort-feasors, and the evidence establishes this fact, they should be held liable in all respects as other tort-feasors. Liber v. Flor, 143 Colo. 205 , 353 P.2d 590 (1960).

Since counties are quasi and not municipal corporations, they are not liable to garnishment. Stermer v. Bd. of Comm'rs, 5 Colo. App. 379, 38 P. 839 (1895).

Because counties, not their various subsidiary departments, exist as bodies corporate empowered to sue and be sued, naming a county department as a defendant is not an appropriate means of pleading a § 1983 action against a county. Stump v. Gates, 777 F. Supp. 808 (D. Colo. 1991).

III. POWER TO DEAL IN REAL PROPERTY.

A county does not have blanket authority to deal in real estate. Its authority is to purchase and hold real and personal estate for the use of the county, and lands sold for taxes, as provided by law. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

And a county has no power to acquire real or personal property as a speculation or an investment, nor does it have the power to retain property lawfully acquired for the use of the county when the use therefor no longer exists, and it may acquire and retain such property as it now reasonable needs, or in the foreseeable future may reasonably need, but no more, and such needed property is exempt from taxation, however, other not needed property should be on the tax rolls as provided by law. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

A statutory right to reserve the minerals therein means only that it may reserve and sell the minerals separately. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

Where a husband and wife executed and delivered their warranty deed to property to the county subject to encumbrances, and the consideration for the conveyance was financial assistance theretofore and in the future to be advanced by the county for their needs, it was held the county carried out its agreement and acquired a good and sufficient title under the deed. Bainbrich v. Boies, 113 Colo. 458 , 158 P.2d 736 (1945).

IV. POWER TO PLACE INMATES OUT OF STATE.

Subsection (1)(h) should not be interpreted to limit placement of Colorado inmates only to county jails and this section does not affect authority of director of department of corrections to transfer inmates out of state. People v. Wood, 999 P.2d 227 (Colo. App. 2000).

30-11-102. Property of county.

Any real or personal property conveyed to any county shall be deemed the property of such county.

Source: G.L. § 429. G.S. § 522. R.S. 08: § 1178. C.L. § 8659. CSA: C. 45, § 2. CRS 53: § 36-1-2. C.R.S. 1963: § 36-1-2.

30-11-103. Commissioners to exercise powers of county.

The powers of a county as a body politic and corporate shall be exercised by a board of county commissioners therefor.

Source: G.L. § 430. G.S. § 523. R.S. 08: § 1179. C.L. § 8660. CSA: C. 45, § 3. CRS 53: § 36-1-3. C.R.S. 1963: § 36-1-3.

ANNOTATION

Within the scope of their powers the county commissioners are supreme and they cannot be superseded, nor can their acts be judicially controlled or reviewed, except for an excess of jurisdiction or abuse of discretion. Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).

It cannot shift its powers to another, nor evade responsibility for its declared duties. Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).

The county commissioners are invested with full and sole power to manage the business affairs of the county. Bd. of Comm'rs v. Leonard, 3 Colo. App. 576, 34 P. 583 (1893).

And they are necessarily vested with reasonable discretion in the administration of county affairs. Bd. of Comm'rs v. Leonard, 3 Colo. App. 576, 34 P. 583 (1893).

The commissioners are the governing body and by statute they are clothed with full authority to make all contracts which are essential to the management of the county affairs. Liggett v. Bd. of Comm'rs, 6 Colo. App. 269, 40 P. 475 (1895).

A county exercises its power by and through its board of commissioners, not through individual members. Nicholl v. E-470 Pub. Highway Auth., 896 P.2d 859 (Colo. 1995).

The status of counties as corporations has been the subject of considerable discussion, and while they are defined as quasi corporations, it is always conceded that as such they have, to the extent of the powers which are conferred upon them, full authority to act and to contract as may corporations generally. Liggett v. Bd. of Comm'rs, 6 Colo. App. 269, 40 P. 475 (1895).

The board possesses such powers as are expressly conferred upon it by the constitution and statutes, and in addition thereto such implied powers as are reasonably necessary to the efficient execution of its express powers and duties. Roberts v. People, 9 Colo. 458, 13 P. 630 (1887); Chase v. Bd. of Comm'rs, 37 Colo. 268, 86 P. 1011 (1906); Robbins v. Hoover, 50 Colo. 610, 115 P. 526 (1911); Bd. of Comm'rs v. Davis, 27 Colo. App. 501, 150 P. 324 (1915).

These powers, it is evident and unquestioned, are to be used in such manner as would best subserve the interests of the citizens of the county of which the county commissioners are simply the representatives. Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900).

But they are not clothed with the authority to barter away in perpetuity the rights and interests of the public, whatever may be their power as to discretionary acts. Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900).

Power to buy and build not power to maintain. Where the commissioners had the discretionary power to select and purchase a site for a courthouse, and to erect the building thereon, here the power ended, because they had no authority from the general assembly, either express or implied, to bind the public to maintain the courthouse upon the site so selected for all time to come, and the public was not bound by any alleged acts of ratification of the void contract. Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900).

Power to contract beyond terms of office. Where the officers or trustees of a quasi corporation are empowered to act with reference to any particular matter, it is generally conceded their contract will be valid and binding, even though some part of its performance may be impossible until after the expiration of the term of the officers who may enter into the engagement. Liggett v. Bd. of Comm'rs, 6 Colo. App. 269, 40 P. 475 (1895).

A subsequent board of commissioners has no power to review the discretionary acts of a former board. Bd. of Comm'rs v. Leonard, 3 Colo. App. 576, 34 P. 583 (1893).

Void contract. Any contract which will disable a public or quasi-public corporation from performing the duty which it has undertaken, or has been imposed upon it, for public weal, is void. Colburn v. Bd. of Comm'rs, 15 Colo. App. 90, 61 P. 241 (1900).

The right to sue a county is purely statutory, and where the mode of instituting the suit is prescribed by statute, it must be strictly followed. Bd. of Comm'rs v. Churning, 4 Colo. App. 321, 35 P. 918 (1894).

30-11-103.5. County petitions and referred measures.

The procedures for placing an issue or question on the ballot by a petition of the electors of a county that is pursuant to statute or the state constitution or that a board of county commissioners may refer to a vote of the electors pursuant to statute or the state constitution shall, to the extent no such procedures are prescribed by statute, charter, or the state constitution, follow as nearly as practicable the procedures for municipal initiatives and referred measures under part 1 of article 11 of title 31, C.R.S. The county clerk and recorder shall resolve any questions about the applicability of the procedures in part 1 of article 11 of title 31, C.R.S.

Source: L. 96: Entire section added, p. 1766, § 58, effective July 1.

30-11-104. County buildings - acquisition of land or buildings by eminent domain authorized.

    1. Each county, at its own expense, shall provide a suitable courthouse, a sufficient jail, and other necessary county buildings and keep them in repair.
    2. For any penal institution that begins operations on or after August 30, 1999, that is operated by or under contract with a county, the county may establish standards relating to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level. If a county does not adopt standards pursuant to this paragraph (b), the penal institution operated by or under contract with the county shall be subject to the standards adopted by the department of public health and environment pursuant to section 25-1.5-101 (1)(i), C.R.S. In establishing such standards, the county is strongly encouraged to consult with national associations that specialize in policies relating to correctional institutions.
  2. Each county has the power to acquire, by eminent domain, land or buildings, or both, for the provision of court and district attorney facilities, jails, and other necessary facilities specifically related thereto. Any acquisitions by eminent domain shall be made in the manner authorized for cities and towns as set forth in article 6 of title 38, C.R.S.

Source: G.L. § 431. G.S. § 524. R.S. 08: § 1180. C.L. § 8661. CSA: C. 45, § 4. CRS 53: § 36-1-4. C.R.S. 1963: § 36-1-4. L. 87: Entire section amended, p. 1203, § 1, effective July 1. L. 2000: (1) amended, p. 803, § 2, effective May 24. L. 2003: (1)(b) amended, p. 714, § 56, effective July 1.

ANNOTATION

A county's duties under this section may not be reduced or ended pursuant to art. X, § 20(9), of the state constitution. State v. Bd. of County Comm'rs, Mesa County, 897 P.2d 788 (Colo. 1995).

Historically, Colorado law has placed the duty of providing a suitable courthouse upon the county commissioners of each county. Lawson v. Pueblo County, 36 Colo. App. 370, 540 P.2d 1136 (1975).

Even though the general assembly indicated its intention to take over from the counties the financial burden of providing judicial facilities, the general assembly has not provided funds for the construction of court facilities in the various counties of the state, and the burden of providing courtroom space and facilities remains with the counties. Lawson v. Pueblo County, 36 Colo. App. 370, 540 P.2d 1136 (1975).

Counties are charged with the duty to provide public buildings for county offices, and to maintain those buildings. Bd. of County Comm'rs v. Intermountain Rural Elec. Ass'n, 655 P.2d 831 (Colo. 1982).

But lack power to acquire office space through eminent domain. The general assembly has not impliedly delegated the power of eminent domain to counties for the purpose of acquiring office space for authorized county purposes. Bd. of County Comm'rs v. Intermountain Rural Elec. Ass'n, 655 P.2d 831 (Colo. 1982).

An express grant of eminent domain power to provide facilities to house public offices does not appear in this section. Bd. of County Comm'rs v. Intermountain Rural Elec. Ass'n, 655 P.2d 831 (Colo. 1982).

The board of county commissioners was a proper party and entitled to recover damages against the building contractor and his surety under third party beneficiary principles, because in Colorado one may enforce a contractual obligation made for his benefit although he was not a party to the agreement, when such an obligation is apparent from the agreement and the surrounding circumstances. The obligation for the benefit of the county is inherent in the contract documents and circumstances. Under the leasehold agreement, the public building authority's obligation to the county to construct the courthouse building was recognized, and the building plans and specifications were subject to the approval of the county. Under the construction agreement, the county has the right to approve the form of the performance bond. The contractor was not entitled to final payment until completion of the building and final acceptance of work by the authority, the county and the architects. The land belonged to the county and was leased to the authority to have the courthouse built and to lease the land and building back to the county. Thus, the agreements and the circumstances show that the benefit of faithful performance of the construction agreement and the bond were intended to flow to the county. Such contractual benefit to the property owner is enforceable by him. Cox v. Fremont County Pub. Bldg. Auth., 415 F.2d 882 (10th Cir. 1969).

30-11-104.1. Lease-purchase agreements.

  1. In order to provide for financing of a public park, a public trail, a public golf course, or public open space, or a courthouse, jail, or other county building or equipment used, or to be used, for governmental purposes, any county is authorized to enter into lease-purchase agreements.
  2. Such agreements may include an option to purchase, transfer, and acquire title to such property and the improvements thereon, if any, within a period not exceeding the useful life of such property and any improvements, but in no case exceeding thirty years.
  3. The obligation under any such leases may only be from year to year and may not constitute a mandatory charge or requirement in any ensuing budget year.
  4. The obligation to make payments under such an agreement and the obligation to pay other charges incident to any such agreement shall not constitute or give rise to an indebtedness within the meaning of any constitutional, statutory, or home rule charter debt limitation.

Source: L. 81: Entire section added, p. 1446, § 1, effective May 29. L. 83: (1) amended, p. 1233, § 1, effective May 25. L. 99: (1) and (2) amended, p. 166, § 1, effective March 25.

30-11-104.2. Tax exemption.

  1. Property financed pursuant to the provisions of section 30-11-104.1 shall be exempt from taxation so long as it is used for governmental purposes.
    1. A courthouse, jail, or other county building subject to lease purchase agreements in force on May 29, 1981, shall be accorded the same tax-exempt status as a courthouse, jail, or other county building financed by such agreements entered into after such date.
    2. Equipment subject to lease purchase agreements in force on May 25, 1983, shall be accorded the same tax-exempt status as equipment financed by such agreements entered into after such date.

Source: L. 81: Entire section added, p. 1446, § 1, effective May 29. L. 83: (2) amended, p. 1233, § 2, effective May 25.

30-11-105. Title of suits by or against county.

In all suits or proceedings by or against a county, the name in which the county shall sue or be sued shall be, "The board of county commissioners of the county of ................"; but this provision shall not prevent county officers, when authorized by law, from suing in their name of office for the benefit of the county.

Source: G.L. § 432. G.S. § 525. R.S. 08: § 1181. C.L. § 8662. CSA: C. 45, § 5. CRS 53: § 36-1-5. C.R.S. 1963: § 36-1-5.

ANNOTATION

This provision is the exclusive method by which jurisdiction over a county can be obtained, and an action attempted to be brought under any other designation is a nullity, and no valid judgment can enter in such a case. Bd. of Comm'rs v. Churning, 4 Colo. App. 321, 35 P. 918 (1894); John Deere Plow Co. v. County of Phillips, 97 Colo. 196 , 48 P.2d 793 (1935); Calahan v. County of Jefferson, 163 Colo. 212 , 429 P.2d 301 (1967).

The defect if not raised will be considered waived. Great W. Mining Co. v. Woodmas, 12 Colo. 46, 20 P. 771, 13 Am. St. R. 204 (1888); Fitzgerald v. Burke, 14 Colo. 559, 23 P. 993 (1890); Poundstone v. Holt, 5 Colo. App. 66, 37 P. 35 (1894); Miller v. Kinsel, 20 Colo. App. 346, 78 P. 1075 (1904); Del Monte Live Stock Co. v. Ryan, 24 Colo. App. 340, 133 P. 1048 (1913).

And where three persons were named as defendants, with the addition "the board of county commissioners" of a county named, and throughout the proceedings in the court below all parties treated the board of county commissioners as the defendant, it was held that the county commissioners were bound by the proceeding, and by any order or decree that might be properly made in the court of review. Del Monte Live Stock Co. v. Ryan, 24 Colo. App. 340, 133 P. 1048 (1913).

Where suit was directed at the county board of adjustment, not at the county, county board of adjustment was properly designated as the party defendant. Benes v. Jefferson County Bd. of Adjustment, 36 Colo. App. 131, 537 P.2d 753 (1975).

In a suit on the official bond of a county treasurer, the action should be brought by "the people of the state of Colorado", since there is no valid objection to the title of an action brought by the people of the state of Colorado for the use of the county. Bell v. People ex rel. Garfield County, 92 Colo. 585 , 22 P.2d 857 (1933).

Where an appeal is taken by the board of county commissioners in an action against them, the appeal bond must be executed in the name of the board, and not by the members individually. Bd. of County Comm'rs v. King, 9 Colo. 542, 13 P. 539 (1887).

A writ of error sued out by a county in its proper name to reverse a judgment against it by another name was dismissed. Bd. of County Comm'rs v. Churning, 4 Colo. App. 321, 35 P. 918 (1894).

County is a "person" for the purposes of a civil rights action for damages under 42 U.S.C. § 1983. Wigger v. McKee, 809 P.2d 999 (Colo. App. 1990).

30-11-105.1. Standing - contesting constitutionality of a statute.

In addition to any other powers prescribed in this part 1, any county or county officer shall have standing in district court to defend any action brought against such county or officer by contesting the constitutionality of a statute underlying such action and affecting the rights, status, or other legal relations of such county or county officer or directing the performance of, defining, or prescribing the duties or responsibilities of such county officer.

Source: L. 93: Entire section added, p. 73, § 1, effective March 26.

ANNOTATION

Applied in Mesa Verde Co. v. Montezuma County Bd. of Equaliz., 898 P.2d 1 (Colo. 1995).

30-11-106. Process served on clerk - clerk to notify board.

In all legal proceedings against the county, process shall be served on the clerk of the board of county commissioners, and when such suit or proceeding is commenced, it is the duty of the clerk to notify the county attorney thereof, and to lay before the board of county commissioners, at their next meeting, all the information he may have in regard to such suit or proceeding.

Source: G.L. § 433. G.S. § 526. R.S. 08: § 1182. C.L. § 8663. CSA: C. 45, § 6. CRS 53: § 36-1-6. C.R.S. 1963: § 36-1-6.

30-11-107. Powers of the board.

  1. The board of county commissioners of each county has power at any meeting:
    1. To make such orders concerning the property belonging to the county as it deems expedient;
    2. To examine and settle all accounts of the receipts and expenses of the county, to examine and settle and allow all accounts chargeable against the county, and, when so settled, to issue county orders therefor as provided by law;
    3. To build and keep in repair county buildings and cause the same to be insured in the name of the county treasurer for the benefit of the county and, in case there are no county buildings, to provide suitable rooms for county purposes;
      1. To apportion and order the levying of taxes as provided by law; except that, for purposes of the application of any occupational privilege tax, oil and gas wells and their associated production facilities shall not be considered a business or occupation subject to such tax; and
      2. To contract loans in the name and for the benefit of the county for the purpose of erecting necessary public buildings and making or repairing public roads or bridges, when such loans have been authorized by a vote of the legal voters of the county;
    5. To represent the county and have the care of the county property and the management of the business and concerns of the county in all cases where no other provisions are made by law;
    6. To set off, organize, and change the boundaries of precincts in their respective counties and to designate and number such precincts in accordance with sections 1-5-101 and 1-5-101.5, C.R.S.;
    7. To establish one or more voting places in each election precinct, as the convenience of the inhabitants may require;
    8. To lay out, alter, or discontinue any road running into or through such county and also to perform such other duties respecting roads as may be required by law;
    9. To grant such licenses and perform such other duties as are or may be prescribed by law;
    10. To acquire land for, lay out, construct, maintain, and repair airports and landing strips for aircraft, to enter into leases, and to fix and collect charges or fees for the use of such airports and landing strips;
    11. To provide in the county budget for dumping grounds within the county to be used for such purposes as may be prescribed by the board;
    12. To enter into agreements with any municipality for the joint use and occupation of public buildings. The consideration to be paid for such use and occupation shall be paid each year out of current revenues which shall be appropriated annually, and any agreement to make such annual payment shall not be considered or held to be creation of an indebtedness of the county within any constitutional or statutory limitation.
    13. To negotiate with the board or boards of county commissioners of another county or counties, and with the board of governors of the Colorado state university system of Colorado state university, for agricultural extension service to be furnished such counties, and to be financed on a pro rata share by the counties receiving such service;
    14. To create, by resolution duly adopted, the office of county manager, or administrative assistant to the board of county commissioners, or county budget officer, or any other such office as may, in its judgment, be required for the efficient management of the business and concerns of the county. When so created, the board has power to make appointments to such offices, to prescribe the duties to be performed by such appointees, to fix the compensation to be paid to such appointees, and to pay the same from the county general fund. Any persons appointed to such offices shall serve at the pleasure of the board of county commissioners.
    15. To cooperate with other counties and with the state forester in the organization and training of rural fire fighting groups, payment for the operation and maintenance of fire fighting equipment and in sharing the cost of suppressing fires;
    16. Repealed.
    17. To purchase all necessary uniforms of the county sheriff, undersheriff, and deputies of the county; but no such uniforms shall be supplied to those persons deputized to perform particular acts, and all such uniforms shall be and remain the property of the county;
    18. To organize, own, operate, control, direct, manage, contract for, or furnish ambulance service;
    19. To provide in the county budget for services for the aged, including but not limited to social and recreational services, medical services, transportation, and homemaker services;
    20. To appropriate moneys from sources other than ad valorem taxes to multijurisdictional housing authorities or housing authorities established under part 5 of article 4 of title 29, C.R.S., from the county general fund;
    21. To set, by resolution duly adopted or by the method provided in the charter of a home rule county, mileage for all county officers, employees, and agents in an amount not less than twenty cents per mile nor more than a rate per mile equal to the standard mileage rate allowed pursuant to 26 U.S.C. sec. 162, as amended, and regulations promulgated thereunder, for each mile actually and necessarily traveled while on official county business;
    22. To expend moneys or make assessments pursuant to paragraph (z) of this subsection (1) for the maintenance of drainage structures and facilities and to accept dedicated or deeded drainage easements or drainageway tracts as county property once drainage structures and facilities on such easements or tracts have been completed and found to meet county specifications and standards;
    23. To provide a job diversion program directing persons making application for or receiving assistance under the Colorado works program, as described in part 7 of article 2 of title 26, C.R.S., into bona fide public or private sector employment;
    24. To expend moneys or make assessments pursuant to paragraph (z) of this subsection (1) for the construction, reconstruction, improvement, or extension of drainage facilities within the unincorporated or incorporated areas of the county and to acquire, by gift, purchase, lease, or the exercise of the right of eminent domain, all lands, easements, or rights in land which are necessary in connection with such construction, reconstruction, improvement, or extension. Drainage facilities shall not be provided in any area which is within an existing drainage district organized or created pursuant to law without the approval of such district.
    25. To enter into a contract with the state telecommunications director pursuant to the provisions of section 24-37.5-502 (3), C.R.S., for the providing of teleconferencing facilities and services between the county and any other county, city and county, or state agency to be used for teleconferencing of hearings relating to any person in the custody of the county;
    26. To expend moneys or make assessments pursuant to paragraph (z) of this subsection (1) for the construction, maintenance, repair, or installation of curbs, gutters, sidewalks, and related structures along residential and commercial streets or alleys and in residential or commercial subdivisions within the unincorporated areas of the county; except that, prior to making an assessment for any purpose authorized by this paragraph (y), the county shall consider cost-sharing alternatives so that a portion of the cost of any project authorized in this paragraph (y) is incurred and paid by the county;
    27. To prescribe, by ordinance adopted, administered, and enforced in accordance with part 4 of article 15 of this title, the mode in which the charges on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes authorized in paragraphs (u), (w), and (y) of this subsection (1);
    28. To establish policies and procedures regarding entering into contracts binding on the county, and to delegate its power to enter into such contracts pursuant to such policies and procedures, where amounts specified in such policies and procedures and where such contracts otherwise comply with limits and requirements set forth in such policies and procedures;
    29. To provide for the preservation of the cultural, historic, and architectural history within the county by ordinance or resolution; to delegate the power to designate historic landmarks and historic districts to an historic preservation advisory board; to accept dedicated or deeded easements or other historic property and to expend moneys for the maintenance of such deeded historic land, facilities, and structures; and to receive contributions, gifts, or other support from public and private entities to defray the maintenance costs of such historic land, facilities, and structures;
    30. By resolution, memorial, plaque, or limited gift, to honor, commemorate, memorialize, or acknowledge outstanding service or other events, including death or retirement of individuals, or actions, accomplishments, or achievements deserving of recognition;
    31. To enter into installment purchase contracts or shared-savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.;
    32. Repealed.
    33. To set, by written resolution duly adopted by a majority vote of the board and entered in its minutes prior to the county treasurer being sworn into office, the amount of a surety bond to be executed by the treasurer and to authorize the purchase of such a bond by the board;
    34. To authorize the use of electronic records or signatures and adopt rules, standards, policies, and procedures for use of electronic records or signatures pursuant to article 71.3 of title 24, C.R.S.;
    35. To establish an affordable housing dwelling unit advisory board for the county in accordance with the requirements of article 26 of title 29, C.R.S.;
    36. To provide in the county budget for programs that support education and outreach on environmental sustainability and for financing capital improvements for energy efficiency retrofits and the installation of renewable energy fixtures, as defined in section 30-11-107.3, for private residences and commercial property within the county but that do not exempt the county from the requirements of any other statute;
    37. To encourage homeowners to participate in utility demand-side management programs where applicable;
    38. (I) To adopt a resolution to authorize, in consultation with the local board of health, local public health agencies, and any water and wastewater service providers serving the county, the use of graywater, as defined in section 25-8-103 (8.3), C.R.S., in compliance with any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S., and to enforce compliance with the board's resolution.

      (II) Before adopting a resolution to authorize the use of graywater pursuant to subparagraph (I) of this paragraph (kk), a board of county commissioners is encouraged to enter into a memorandum of understanding with the local board of health, local public health agencies, and any water and wastewater service providers serving the county concerning graywater usage and the proper installation and operation of graywater treatment works, as defined in section 25-8-103 (8.4), C.R.S.

    1. Subject to the provisions of part 1 of article 1 of title 29, C.R.S., the board of county commissioners of each county has exclusive power to adopt the annual budget for the operation of the county government, including all offices, departments, boards, commissions, other spending agencies of the county government, and other agencies which are funded in whole or in part by county appropriations. All such entities shall make appropriate budget recommendations each year to the board of county commissioners for the operation of their respective offices; but the final budget determination of each board of county commissioners shall be binding upon each of the respective offices, departments, boards, commissions, other spending agencies of the county government, and other agencies which are funded in whole or in part by county appropriations.
    2. Every decision made by the board of county commissioners in exercising its budget-making power shall be presumed to be a valid exercise of the power granted by paragraph (a) of this subsection (2).
  3. The board of county commissioners of any county eligible to receive impact assistance grants pursuant to part 3 of article 25 of this title may certify a dollar amount to the parks and wildlife commission pursuant to part 3 of article 25 of this title.

Source: G.L. § 446. G.S. § 538. R.S. 08: § 1204. C.L. § 8682. CSA: C. 45, § 25. L. 45: p. 296, § 2. CRS 53: § 36-1-7. L. 55: p. 250, § 1. L. 57: p. 313, § 1. L. 61: pp. 301, 714, §§ 1, 2. C.R.S. 1963: § 36-1-7. L. 65: pp. 458, 925, §§ 1, 5. L. 69: p. 225, § 1. L. 77: (1)(q) amended, p. 1439, § 1, effective May 26; (2) added, p. 1441, § 1, effective June 9; (1)(r) added, p. 1440, § 1, effective June 19; (1)(s) added, p. 1396, § 2, effective July 7; (1)(q) R&RE, p. 1285, § 3, effective January 1, 1978. L. 79: (3) added, p. 1154, § 2, effective June 22. L. 80: (1)(t) added, p. 655, § 1, effective July 1. L. 81: (1)(u) added, p. 1448, § 1, effective June 12. L. 82: (1)(v) added, p. 427, § 3, effective July 1. L. 83: (1)(w) added, p. 1235, § 1. effective July 1. L. 85: (1)(x) added, p. 806, § 2, effective May 23. L. 86: (1)(v) amended, p. 1040, § 4, effective April 30. L. 90: (1)(u) and (1)(w) amended and (1)(y) to (1)(cc) added, p. 1447, § 2, effective July 1. L. 91: (1)(t) amended, p. 712, § 1, effective March 11; (1)(dd) added, p. 733, § 3, effective May 1. L. 93: (1)(ee) added, p. 346, § 4, effective April 12; (1)(o.5) added, p. 1255, § 4, effective July 1. L. 95: (1)(ff) added, p. 500, § 3, effective May 16; (1)(o.5) repealed, p. 546, § 2, effective May 22. L. 96: (1)(d) amended, p. 347, § 3, effective April 17. L. 97: (1)(v) amended, p. 1245, § 51, effective July 1. L. 98: (1)(ee) repealed, p. 825, § 40, effective August 5. L. 99: (1)(gg) added, p. 1348, § 6, effective July 1. L. 2000: (1)(f) amended, p. 265, § 4, effective August 2. L. 2001: (1)(hh) added, p. 977, § 2, effective August 8. L. 2002: (1)(gg) amended, p. 858, § 7, effective May 30; (1)(m) amended, p. 1246, § 20, effective August 7. L. 2007: (1)(ii) added, p. 1470, § 1, effective August 3. L. 2008: (1)(x) amended, p. 1130, § 16, effective May 22; (1)(ii) amended and (1)(jj) added, p. 1293, § 5, effective May 27. L. 2012: (3) amended, (HB 12-1317), ch. 248, p. 1204, § 10, effective June 4. L. 2013: (1) (kk) added, (HB 13-1044), ch. 228, p. 1089, § 4, effective May 15.

Cross references: (1) For additional powers of county commissioners relating to county airports, see part 1 of article 4 of title 41; for power of county commissioners to transfer county property for hospital purposes, see § 32-1-1003 (2); for power of a board to adopt ordinances for control or licensing of matters of purely local concern, see § 30-15-401; for the authority of the city and county of Denver to enter into a contract for teleconferencing facilities and services, see § 30-11-208.

(2) For the legislative declaration in the 2013 act adding subsection (1) (kk), see section 1 of chapter 228, Session Laws of Colorado 2013.

ANNOTATION

Analysis

I. GENERAL CONSIDERATION.

In discharging their duties, county commissioners are in all relevant aspects the alter egos of the county. Koch v. Bd. of County Comm'rs of Costilla Cty., 774 F. Supp. 1275 (D. Colo. 1991).

Section does not violate separation of powers. Beacom v. Bd. of County Comm'rs, 657 P.2d 440 (Colo. 1983).

The general assembly can and does, at times in Colorado, delegate limited police and legislative powers to local governmental units. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254 , 425 P.2d 289 (1967).

Because in Colorado the general assembly, as government has grown more complex, has extended its reliance on boards of county commissioners to carry out, on a local level local governmental functions where it has deemed such necessary. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254 , 425 P.2d 289 (1967).

Therefore, in the absence of any constitutional prohibition, there is nothing illegal about a state legislature delegating powers local in nature to local governmental units, provided that the proper constitutional tests are met as to maintaining a separation of powers and nonabrogation of proper responsibility. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254 , 425 P.2d 289 (1967).

Counties have been delegated the following powers, among others, each of which requires the board of county commissioners to exercise certain police powers, viz.: to license and control dogs; to adopt building regulations and restrictions; to license and regulate public dance halls; to issue liquor licenses; to adopt zoning regulations; to regulate roadside signs on county roads; and to adopt, subject to state approval, lower prima facie speed limits on highways and roads located in unincorporated areas within their boundaries. Asphalt Paving Co. v. Bd. of County Comm'rs, 162 Colo. 254 , 425 P.2d 289 (1967).

County commissioners, in order to bind the county, must act collectively as a board. Robbins v. Hoover, 50 Colo. 610, 115 P. 526 (1911).

Care for the poor. Unless there is some statute which takes from the board the duty of providing for the poor, with the power to make valid contracts for their support, which binds the county, such power is vested in the county board. Saguache v. Tough, 45 Colo. 395, 101 P. 411 (1909).

Contract for assessments ultra vires. Where board of county commissioners, under its authority to manage the business of the county, entered into a contract with plaintiffs to fix valuations of land, which assessor admittedly was unable to determine, such contract is ultra vires and void, because the right to employ capable assistants comes within the purview of the duties primarily conferred on the assessor and cannot be claimed as an implied power of the board of county commissioners, because the board, as such, has not authority to impose itself upon the express powers of another county officer. Pritchard v. Bd. of County Comm'rs, 119 Colo. 318 , 204 P.2d 156 (1949).

An action on the official bond of a district court clerk for moneys belonging to a county is properly brought in the name of the people of the state of Colorado for the use of the board of county commissioners of the county, and the fact that the county treasurer is the person legally authorized to receive the money does not make it necessary that he should be named as the obligee of the bond, nor that a suit thereon should be brought for his use. Cooper v. People ex rel. Bd. of Comm'rs, 28 Colo. 87, 63 P. 314 (1900).

Effect of 1977 amendment. The 1977 amendment, adding subsection (2), gives the county commissioners the authority to make the final budget determination for agencies such as the office of the district attorney which are funded in whole or in part by county appropriations, and establishes a statutory presumption that the board validly exercised its budget-making power. Beacom v. Bd. of County Comm'rs, 657 P.2d 440 (Colo. 1983).

District attorney funded by county appropriations. The office of the district attorney is an agency which is "funded in whole or in part by county appropriations", pursuant to subsection (2)(a). Beacom v. Bd. of County Comm'rs, 657 P.2d 440 (Colo. 1983).

County commissioners are accorded broad discretion on budgetary matters and have the exclusive power to adopt the annual budget, which is presumptively valid. City of Aurora v. Bd. of County Comm'rs, 902 P.2d 375 (Colo. App. 1994), aff'd, 919 P.2d 198 ( Colo. 1996 ).

Judicial review of discretionary budgetary decisions limited. A court's role in reviewing discretionary budgetary decisions by a board of county commissioners is limited to the determination of whether the board abused its discretion by acting arbitrarily or unreasonably. Beacom v. Bd. of County Comm'rs, 657 P.2d 440 (Colo. 1983).

Local boards of county commissioners cannot, in an employee manual, override the general assembly's determination in subsection (1)(n) that board-appointed county employees serve at the board's pleasure and are therefore terminable at will. Erickson v. Bd. of County Comm'rs, 801 F. Supp. 414 (D. Colo. 1992); Parker v. Park County Bd. of County Comm'rs, 78 F. Supp. 2d 1169 (D. Colo. 1999).

The provisions of subsection (1)(n) will not bar a cause of action where a genuine issue of material fact remains as to the controversy. Kennedy v. Bd. of County Comm'rs, 776 P.2d 1159 (Colo. App. 1989).

Placement of moneys derived from the specific ownership tax in the county road and bridge fund held not an abuse of discretion. City of Aurora v. Bd. of County Comm'rs, 902 P.2d 375 (Colo. App. 1994), aff'd, 919 P.2d 198 ( Colo. 1996 ).

Permissive grants of power that allow the county to construct, operate, improve, and extend storm water facilities and levy taxes to finance the acquisition, construction, operation, improvement, and extension thereof, do not impose a mandatory duty to remedy a particular harm and, therefore, do not establish a clear legislative intent to create a private cause of action. Larry H. Miller Corp.-Denver v. Bd. of County Comm'rs, 77 P.3d 870 (Colo. App. 2003).

Trial court properly dismissed petition by county to condemn a portion of owner's property for use as a public road because county presented no valid public purpose for its condemnation of owner's property. Here, public purpose is to benefit private parties; a few, select members of the public will gain access to a private cemetery. Such a private benefit does not constitute a valid public purpose. Bd. of County Comm'rs v. Kobobel, 176 P.3d 860 (Colo. App. 2007).

With respect to board's powers under subsection (1)(bb), no right by general public to visit a private cemetery or historical or cultural sites on private land. There is no law in Colorado establishing a right of the public to access private cemeteries. Bd. of County Comm'rs v. Kobobel, 176 P.3d 860 (Colo. App. 2007).

II. MAKING ORDER CONCERNING COUNTY PROPERTY.

General powers yield to specific power. The general powers conferred upon the board of commissioners with reference to subsection (1)(a), when in conflict with the special, particular powers conferred upon the sheriff with reference to jails, must yield to the latter, the latter must be treated as exceptions to the former. Richart v. Bd. of Comm'rs, 95 Colo. 153 , 33 P.2d 971 (1934).

III. EXAMINING AND SETTLING COUNTY ACCOUNTS.

The board is constituted by law the financial representative of the county, to whom all unliquidated claims against the county are to be presented for allowance, and no other officer or agent of the county is invested with similar powers, and the presentation of a claim to this board, the allowance of which comes within the scope of its powers, is practically a presentation thereof to the county. Roberts v. People, 9 Colo. 458, 13 P. 630 (1886).

The rule governing the allowance of claims by the board of county commissioners is that the authority must be found in the statute, either in express words or by implication, and the compensation for every legitimate charge against a county is not fixed by statute, nor even expressly provided for, it is therefore within the power of the board in such cases to allow reasonable compensation. Bd. of Comm'rs v. Leonard, 3 Colo. App. 576, 34 P. 853 (1893).

IV. BUILDING AND KEEPING IN REPAIR COUNTY BUILDINGS.

Counties are charged with the duty to provide public buildings for county offices, and to maintain those buildings. Bd. of County Comm'rs v. Intermountain Rural Elec. Ass'n, 655 P.2d 831 (Colo. 1982).

Lease not unconstitutional indebtedness. The leasing of a building for county purposes for a monthly rental of $670 for a term of 25 years is not a creation of indebtedness for the aggregate amount of the rentals within the meaning of § 6 of art. XI, Colo. Const. Heberer v. Bd. of Comm'rs, 88 Colo. 159, 293 P. 349 (1930).

The fact that contract of county commissioners to lease a building for courthouse purposes extends beyond the terms of office of the commissioners making the contract does not make the contract void. Heberer v. Bd. of Comm'rs, 88 Colo. 159, 293 P. 349 (1930).

Perpetual maintenance of hospital. Nothing in this section authorizes the board of commissioners to enter into an engagement binding the county to forever maintain a hospital, for the benefit of a particular class, because each board must in each year determine for itself what appropriation shall be made for public purposes, and levy the taxes necessary to meet them; and no board is competent to determine these matters for its successors, or limit their action in the exercise of governmental functions. Robbins v. Hoover, 50 Colo. 610, 155 P. 526 (1911).

The board may not appropriate public moneys, raised by general taxation, to the maintenance of a hospital over which the county has not complete control, or from which particular classes of the public are to be excluded. Robbins v. Hoover, 50 Colo. 610, 155 P. 526 (1911).

V. APPORTIONING AND ORDERING THE LEVY OF TAXES AND CONTRACTING LOANS.

The board has the power at any time to apportion and order the levying of taxes as provided by law, for the payment of the debts of the county contracted in accordance with law prior to July, 1876, and a bonded debt was strictly within this section and commissioners not only had the power to levy the tax at the time the demand was made, but it was their duty to do so and they had no discretion in the matter. Berkey v. Bd. of Comm'rs, 48 Colo. 104, 110 P. 197 (1910).

Mandamus to enforce statutory duty. Where a statute imposes upon a city, county, levee district, or other municipality, or upon a particular officer, board, or tribunal, a clear legal duty to levy a special tax to pay judgments, bonds, warrants, or other allowed or fixed indebtedness, or interest thereon, or to provide a sinking fund for payment at a future day, mandamus will lie on the relation of a person interested to compel performance of such duty. Berkey v. Bd. of Comm'rs, 48 Colo. 104, 110 P. 197 (1910).

Contract to discover omitted property ultra vires. With respect to assessing or collecting taxes, no implied power is given the board of county commissioners, as a corporate body, to discover omitted property or to make a valid contract with other to do so, and such a contract is ultra vires. Chase v. Bd. of Comm'rs, 37 Colo. 268, 86 P. 1011 (1906).

No power to challenge state taxing authority. The supreme court found no constitutional or statutory provision which grants any express or implied powers to boards of county commissioners or to county boards of equalization to challenge in court the findings and orders of the state tax commission or state board of equalization. Bd. of County Comm'rs v. Love, 172 Colo. 121 , 470 P.2d 861 (1970).

VI. LAYING OUT, ALTERING, OR DISCONTINUING COUNTY ROADS.

Reasonable discretion. This section vests the board with reasonable discretion as to the modes and methods by which it may exercise the power conferred upon it by this section, with reference to laying out, altering, or discontinuing roads. Switzer v. Bd. of County Comm'rs, 70 Colo. 563, 203 P. 680 (1922).

Interference with the use of a public highway may be enjoined by the board. Leach v. Manhart, 96 Colo. 397 , 43 P.2d 959 (1935).

Based on the authority in subsection (1)(h) to engage in road improvement projects, counties have the authority to require a utility to relocate its utility line. Further, the utility must pay the cost of relocating the utility line when required by the county. Meadowbrook-Fairview v. Bd. of County Comm'rs, 910 P.2d 681 (Colo. 1996).

It is not bound to acquire a permanent right-of-way for a road by condemnation, conveyance or prescription, but has authority to contract for the use of a strip of land for road purposes until such time as the permission or license for such use may be revoked. Switzer v. Bd. of County Comm'rs, 70 Colo. 563, 203 P. 680 (1922).

Ceding of authority over roads in a national park. The resolution of the state highway commission, sanctioned by the county board of commissioners, was sufficient to cede or transfer through legislative agency, to the federal government, such jurisdiction and control as the state possessed over the highways in a national park. Robbins v. United States, 284 F. 39 (8th Cir. 1922).

Right to intervene. In an action by a landowner to enjoin the use of a road across his property, a board of county commissioners claiming the road to be a public highway has a right to intervene to the end that the character of the road may be determined, and the dismissal of such a petition in intervention is error. Leach v. Manhart, 96 Colo. 397 , 43 P.2d 959 (1935).

30-11-107.3. Incentives for installation of renewable energy fixtures - definitions.

  1. Notwithstanding any law to the contrary, any county may offer an incentive, in the form of a county property tax or sales tax credit or rebate, to a residential or commercial property owner who installs a renewable energy fixture on his or her residential or commercial property.
  2. For purposes of this section, unless the context otherwise requires:
    1. "County" means any county or city and county.
    2. "Renewable energy fixture" means any fixture, product, system, device, or interacting group of devices installed behind the meter of any residential or commercial building that produces energy from renewable resources, including, but not limited to, photovoltaic systems, solar thermal systems, small wind systems, biomass systems, or geothermal systems.

Source: L. 2007: Entire section added, p. 488, § 2, effective August 3. L. 2008: (2)(b) amended, p. 1294, § 6, effective May 27.

Cross references: In 2007, this section was added by the "Renewable Energy Incentives Act". For the short title, see section 1 of chapter 130, Session Laws of Colorado 2007.

30-11-107.5. Lodging tax for the advertising and marketing of local tourism.

  1. In accordance with the procedures set forth in this section, the board of county commissioners of each county, for the purpose of advertising and marketing local tourism, may levy a county lodging tax of not more than two percent on the purchase price paid or charged to persons for rooms or accommodations as included in the definition of "sale" in section 39-26-102 (11), C.R.S. No tax shall apply within any municipality levying a lodging tax.
    1. The county lodging tax shall be collected, administered, and enforced, to the extent feasible, pursuant to section 29-2-106, C.R.S.
    2. The department of revenue shall perform, on an annual basis, an analysis to determine the net incremental cost of such collection, administration, and enforcement. The department of revenue shall retain only the amount determined to be necessary by the cost analysis, and in no event shall that amount exceed three and one-third percent of the amount collected. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriation by the general assembly for the net incremental cost of such collection, administration, and enforcement.
    3. Any person or entity providing rooms or accommodations as included in the definition of "sale" referred to in subsection (1) of this section shall be liable and responsible for the payment of an amount equivalent of up to two percent of all such sales made and shall quarterly, unless otherwise provided by law, make a return to the executive director of the department of revenue for the preceding tax-reporting period and remit an amount equivalent up to the said two percent on such sales to said executive director.
    1. The board of county commissioners may, by resolution, approve a proposal for a county lodging tax; thereupon, such proposal for the county lodging tax shall be referred to the registered electors of the unincorporated areas and the municipalities subject to the lodging tax at a special election held for such purpose. Any such election may be combined with any other special election. On and after January 1, 1989, such tax may only be approved at a general election.
      1. Such proposal shall contain a description of the proposed county lodging tax, including its purposes, and shall state the amount to be imposed and shall describe any municipality within the county which has such a tax and which shall therefore be excluded from the election proposed in paragraph (a) of this subsection (3) and any resulting lodging tax.
      2. If any additional lodging tax or statewide tax on lodging facilities is enacted or levied after January 1, 1987, which in combination with the lodging tax authorized by this section exceeds two percent, the tax under this section shall be reduced by that amount that the total tax exceeds the two percent maximum specified in subsection (1) of this section.
    3. Repealed.
    4. No public moneys from any source shall be expended directly or indirectly to urge electors to vote in favor or against the imposition of the lodging tax. Nothing in this paragraph (d) shall be construed as prohibiting an elected official from expressing his personal opinion concerning the imposition of the lodging tax.
    5. Upon the adoption of the resolution by the board of county commissioners approving such county lodging tax proposal, the county clerk and recorder shall publish the text of such county lodging tax proposal four separate times, a week apart, in a newspaper of general circulation within the county. The cost of the election shall be initially paid out of the general fund of the county. If the county lodging tax is approved, the general fund of the county shall be reimbursed out of the county lodging tax tourism fund described in paragraph (a) of subsection (4) of this section. The conduct of the election shall conform, so far as practicable, to the general election laws of the state.
      1. If approved by a majority of the registered electors from the municipality or unincorporated area subject to the lodging tax voting thereon, the county lodging tax shall become effective as provided in section 29-2-106 (2), C.R.S.
      2. If a majority of the registered electors voting thereon fail to approve the county lodging tax, the question shall not be submitted again to such electors for a period of one year following the date of said election.
    1. All revenue collected from such county lodging tax, except the amounts retained under subsection (2) of this section, shall be credited to a special fund designated as the county lodging tax tourism fund, hereby created. The fund shall be used only to advertise and market tourism in accordance with paragraphs (b) and (c) of this subsection (4) and to reimburse the general fund of the county for the cost of the election in accordance with paragraph (d) of subsection (3) of this section. No revenue collected from such county lodging tax shall be used for any capital expenditures, with the exception of tourist information centers.
    2. Upon approval of a lodging tax by the electors pursuant to this section, the county commissioners shall select a panel of no less than three citizens to administer the tourism fund. Members of the panel shall be appointed from the tourism industry within the municipalities or unincorporated areas from which the lodging tax is collected. Where there is an established and proven marketing entity within the county formed for the purpose of advertising and marketing tourism, the panel is encouraged to use that entity, and that entity shall provide an accounting to the panel and to the county commissioners.
    3. The panel, to the extent feasible, shall advertise and market tourism for the benefit of those unincorporated areas and municipalities from which the lodging tax originated.
  5. Nothing provided in this section shall in any way prohibit municipalities and counties from cooperating to create countywide uniform lodging taxes with voluntary abandonment of municipal lodging tax ordinances.
  6. Repealed.

Source: L. 87: Entire section added, p. 1203, § 1, effective May 6; (3)(a) amended and (3)(c) repealed, p. 1207, §§ 1, 2, effective June 20. L. 90: (6) repealed, p. 1453, § 1, effective April 3. L. 91: (3)(b)(II) amended, p. 713, § 1, effective March 12. L. 94: (2)(b) amended, p. 317, § 1, effective March 29.

ANNOTATION

Law reviews. For article, "Recent Developments in Colorado Sales and Use Taxes", see 18 Colo. Law. 2101 (1989).

30-11-107.7. County rental tax on the rental of personal property - procedures - apportionment.

  1. As used in this section, unless the context otherwise requires:
    1. "Personal property" means personal property which:
      1. Is not subject to ad valorem tax pursuant to section 39-3-119, C.R.S., or specific ownership tax pursuant to section 42-3-107, C.R.S.; and
      2. The owner thereof is regularly engaged in the sale, rental, or both sale and rental of such personal property and rents such personal property to another individual or corporation, in which the owner does not have any interest whatsoever, for one or more periods of thirty days or less in any calendar year.
    2. "Personal property" does not include any residential real property as defined for property tax purposes in section 39-1-102 (14.5), C.R.S.
    1. In accordance with the procedures set forth in this section, the board of county commissioners of each county may levy a rental tax on personal property which is rented in such county. The rate of any rental tax levied pursuant to this section shall be not more than one percent of the amount of the rental payment paid or charged to persons who rent such personal property.
    2. The board of county commissioners may, by resolution, approve a rental tax on personal property which is rented in the county. Such resolution shall contain a description of the rental tax on personal property which is rented, state the rate of rental tax to be levied, and specify the effective date of the resolution.
      1. Any rental tax levied pursuant to the provisions of this section shall be collected, administered, and enforced, to the extent feasible, pursuant to section 29-2-106, C.R.S.
      2. The department of revenue shall perform, on an annual basis, an analysis to determine the net incremental cost of such collection, administration, and enforcement. The department of revenue shall retain only the amount determined to be necessary by the cost analysis, and in no event shall that amount exceed three and one-third percent of the amount collected. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriations by the general assembly for the net incremental cost of such collection, administration, and enforcement.
    1. During the month of January of each year, the county treasurer of any county which levies a rental tax pursuant to this section shall calculate, for such county and each political subdivision located within the boundaries of such county, the percentage which the dollar amount of ad valorem taxes levied by each such political entity is of the aggregate dollar amount of ad valorem taxes levied in such county during the preceding calendar year. The percentages so calculated shall be used for the apportionment between the county itself and each political subdivision located within such county of the aggregate amount of rental tax revenue to be distributed by the department of revenue to the county treasurer during the current calendar year.
    2. All rental taxes collected by the county treasurer shall be apportioned, credited, and distributed to the county and to each political subdivision located within such county on the tenth day of each month for all rental taxes collected during the immediately preceding month.

Source: L. 91: Entire section added, p. 1981, § 2, effective April 20. L. 94: (2)(c)(II) amended, p. 317, § 2, effective March 29; (1)(a)(I) amended, p. 2564, § 76, effective January 1, 1995.

30-11-107.9. County tax for public safety improvements - definitions.

  1. As used in this section, unless the context otherwise requires:
    1. "Public safety improvements" means capital expenditures or operational costs associated with a public safety organization.
    2. "Public safety organization" means a law enforcement agency or office, district attorney's office, judicial district, coroner's office, a fire protection district, fire department, or any other public entity dedicated to providing services related to public safety, public health, or emergency management at the county or local level in the state.
  2. In accordance with the procedures set forth in this section, the board of county commissioners of each county may levy a sales tax for public safety improvements of not more than two percent on the sale of tangible personal property of retail and services taxable in such county pursuant to the provisions of section 39-26-104, C.R.S. All net revenues collected by a county after the payment of the costs of collection, administration, and enforcement to the department of revenue in accordance with subsection (4) of this section shall be used exclusively for public safety improvements.
  3. The board of county commissioners of a county may by resolution approve a proposal for a county public safety improvements tax; thereupon the public safety improvements tax proposal must be submitted to the registered electors of the county at the next general election, the next biennial county election, or the next election held on the first Tuesday of November in an odd-numbered year as determined by the board of county commissioners. The proposal shall contain a description of the tax including its purposes and shall state the amount to be imposed. The proposal may include a provision to also seek voter approval to retain and expend all or a portion of the revenues of the tax from district fiscal year spending for purposes of section 20 of article X of the state constitution. The conduct of the election shall conform so far as practicable to the general election laws of the state and with the provisions of said section 20.
    1. The county public safety improvements tax shall be collected, administered, and enforced, to the extent feasible, pursuant to section 29-2-106, C.R.S.
    2. The department of revenue shall perform, on an annual basis, an analysis to determine the net incremental cost of such collection, administration, and enforcement. The department shall retain only the amount determined to be necessary by the cost analysis, and in no event shall that amount exceed three and one-third percent of the amount collected. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriation by the general assembly for the net incremental cost of such collection, administration, and enforcement.
  5. No public moneys from any source shall be expended directly or indirectly to urge electors to vote in favor or against the imposition of a county public safety improvements tax. Nothing in this subsection (5) shall be construed as prohibiting an elected official from expressing his or her personal opinion concerning the imposition of the tax.

Source: L. 2007: Entire section added, p. 1459, § 1, effective August 3. L. 2017: (3) amended, (HB 17-1342), ch. 235, p. 965, § 1, effective May 24.

30-11-108. Assent of electors required - when.

The board of county commissioners shall not borrow money for the purposes stated in section 30-11-107, except as provided in section 30-11-107 (1)(dd), without having first submitted the question of such loan to a vote of the electors of the county and without a majority of the voters legally qualified to vote and voting on that question having voted therefor.

Source: G.L. § 447. G.S. § 540. R.S. 08: § 1214. C.L. § 8683. CSA: C. 45, § 30. CRS 53: § 36-1-8. C.R.S. 1963: § 36-1-8. L. 91: Entire section amended, p. 733, § 4, effective May 1.

Cross references: For authority of county to contract debts, see § 6 of art. XI, Colo. Const.

30-11-109. Advertisement for bids on supplies. (Repealed)

Source: L. 1893: p. 103, § 1. R.S. 08: § 1205. C.L. § 8684. CSA: C. 45, § 31. CRS 53: § 36-1-9. C.R.S. 1963: § 36-1-9. L. 71: p. 332, § 1. L. 93: Entire section amended, p. 2137, § 12, effective June 12. L. 2013: Entire section repealed, (HB 13-1010), ch. 17, p. 43, § 1, effective August 7.

30-11-109.5. Purchases of recycled paper and recycled products.

  1. When purchasing any product with public funds, the purchasing agent for the county shall be authorized to purchase products or materials with recycled content that have been source-reduced, that are reusable, or that have been composted, unless one or more of the following conditions exist:
    1. The product is not available within a reasonable period of time;
    2. The product fails to meet applicable purchasing rules, including specifications; or
    3. The product fails to meet federal or state health or safety standards, as set forth in federal or state regulations.

Source: L. 93: Entire section added, p. 2138, § 13, effective June 12.

Cross references: For further provisions concerning the purchase of recycled paper and recycled products, see §§ 13-1-133, 24-103-207, and 25-16.5-102.

30-11-110. State suppliers preferred.

It is unlawful for any board of county commissioners of any county to accept any bid or make a purchase of any books, stationery, records, printing, lithographing, or other supplies for any officer of its county, from any person, company, or corporation having its manufactory or principal place of business outside the state of Colorado, when the same can be procured from some person, company, or corporation having its manufactory or principal place of business within this state and at a net cost which shall not exceed the amount for which such books, stationery, records, printing, lithographing, or other supplies can be procured and delivered to them by any person, company, or corporation having its manufactory or principal place of business without the state.

Source: L. 1893: p. 103, § 2. R.S. 08: § 1206. C.L. § 8685. CSA: C. 45, § 32. CRS 53: § 36-1-10. C.R.S. 1963: § 36-1-10.

30-11-111. Term of contract. (Repealed)

Source: L. 1893: p. 104, § 3. R.S. 08: § 1207. C.L. § 8686. CSA: C. 45, § 33. CRS 53: § 36-1-11. C.R.S. 1963: § 36-1-11. L. 2013: Entire section repealed, (HB 13-1010), ch. 17, p. 43, § 2, effective August 7.

30-11-112. Officer cannot contract or purchase. (Repealed)

Source: L. 1893: p. 104, § 4. R.S. 08: § 1208. C.L. § 8687. CSA: C. 45, § 34. CRS 53: § 36-1-12. C.R.S. 1963: § 36-1-12. L. 2013: Entire section repealed, (HB 13-1010), ch. 17, p. 44, § 3, effective August 7.

30-11-113. Commissioners to furnish blank assessment rolls.

The boards of county commissioners of their respective counties, at the expense of the county, shall furnish annually and in due season, to the assessor of the county, suitable blank assessment rolls, prepared in accordance with the provisions of law; shall also provide suitable books and stationery for the use of each of the county officers of their county, together with appropriate cases and furniture for the safe and convenient keeping of all the books, documents, and papers belonging to each of said officers; and also shall provide official seals for each of said officers when the same are required by law.

Source: G.L. § 466. G.S. § 549. R.S. 08: § 1209. C.L. § 8688. CSA: C. 45, § 35. CRS 53: § 36-1-13. C.R.S. 1963: § 36-1-13.

ANNOTATION

Blanks used by a clerk of a district court are not stationery within the meaning of this section and the county is not liable for them. Bd. of County Comm'rs v. Koons, 1 Colo. 160 (1869).

30-11-114. New precincts - change boundaries - reduce number.

The board of county commissioners may set off or organize new precincts, change the boundaries, or reduce the number of those already organized as the public good from time to time requires.

Source: G.L. § 458. L. 1883: p. 121, § 1. G.S. § 541. R.S. 08: § 1218. C.L. § 8695. CSA: C. 45, § 42. CRS 53: § 36-1-14. C.R.S. 1963: § 36-1-14.

ANNOTATION

This section does not conflict with any provision of the constitution. Bd. of County Comm'rs v. Smith, 22 Colo. 534, 45 P. 357 (1896).

30-11-115. Board may appropriate for expositions.

The board of county commissioners of any county in this state may make such appropriation as it may seem proper for the purpose of enabling such county to secure a proper representation of its interests in exhibits and expositions held in Colorado.

Source: L. 1883: p. 244, § 2. G.S. § 539. R.S. 08: § 1211. C.L. § 8689. CSA: C. 45, § 36. CRS 53: § 36-1-15. C.R.S. 1963: § 36-1-15.

30-11-116. Appropriations for advertising or marketing.

The boards of county commissioners of the several counties within the state of Colorado are authorized to appropriate money from the county general fund for the purpose of advertising or marketing the county.

Source: L. 07: p. 320, § 1. R.S. 08: § 1212. C.L. § 8690. CSA: C. 45, § 37. L. 51: p. 297, § 10. CRS 53: § 36-1-16. C.R.S. 1963: § 36-1-16. L. 2008: Entire section amended, p. 5, § 1, effective July 1.

30-11-117. Commissioners to fill vacancies in county offices.

In case a vacancy occurs in any county office, or in any precinct office in any county in this state, by reason of death, resignation, removal, or otherwise, the board of county commissioners of such county has power to fill such vacancy by appointment, subject to section 9 of article XIV of the state constitution, until an election can be held as provided by law.

Source: G.L. § 474. G.S. § 553. R.S. 08: § 1240. C.L. § 8716. CSA: C. 45, § 63. CRS 53: § 36-1-17. C.R.S. 1963: § 36-1-17.

ANNOTATION

One appointed to fill the vacant and unexpired term of a public office holds precisely as his predecessor would have done had the vacancy not occurred. People ex rel. Callaway v. De Guelle, 47 Colo. 13, 105 P. 1110 (1909).

And where a sheriff incumbent was reelected, but failed to qualify for the second term and died before his first term expired, one appointed by the board of county commissioners to the vacancy, held only to the second Tuesday of the succeeding January, the day appointed by law for the commencement of the second term of his predecessor, even though by express terms, his appointment was "until the next general election"; that upon the second Tuesday of the succeeding January there was a vacancy, and one then appointed by the county commissioners to fill it was entitled to the office until the next general election. People ex rel. Callaway v. De Guelle, 47 Colo. 13, 105 P. 1110 (1909).

30-11-118. County attorney - county collector.

The board of county commissioners of each county of the state, when the interests of the county require it, may employ an attorney, but the person appointed shall be a member of the bar of the supreme court of this state and at least twenty-five years of age. The board may also, when the business of the county requires it, appoint a county collector, whose duty it is to collect license moneys and other special dues of said county; such collector shall receive such compensation as may be allowed by the board of county commissioners.

Source: G.L. § 565. G.S. § 558. L. 1887: p. 243, § 3. R.S. 08: § 1241. C.L. § 8717. CSA: C. 45, § 64. CRS 53: § 36-1-18. C.R.S. 1963: § 36-1-18.

ANNOTATION

The commissioners are the judges of when the interests of a county require the employment of an attorney, and until it is made to appear that their judgment in this respect has been exercised unlawfully and corruptly, it will not be interfered with by the courts. Roberts v. People, 9 Colo. 458, 13 P. 630 (1886); Hurd v. Hamill, 10 Colo. 174, 14 P. 126 (1887); Morris v. Bd. of Comm'rs, 25 Colo. App. 416, 139 P. 582 (1914).

A county attorney is employed primarily as the legal advisor of the county commissioners in whose discretion reposes the power of appointment. Medberry v. People, 107 Colo. 15 , 108 P.2d 243 (1940).

In certain matters he advises other county administrative officers and appears for the county in cases involving dependent, neglected and delinquent children, in lunacy inquest and, when directed by the county commissioners, in civil litigation to which the county is a party or in which it is interested. Medberry v. People, 107 Colo. 15 , 108 P.2d 243 (1940).

No recovery for unauthorized services. It has been held that a county attorney should not be allowed to recover for services rendered to county officials other than the board of county commissioners, unless such other officials are first authorized by the commissioners to employ or consult an attorney. Morris v. Bd. of Comm'rs, 25 Colo. App. 416, 139 P. 582 (1914).

However, the services of an attorney for the county being necessary, his employment by a majority of the board, without meeting, may be afterwards ratified at a meeting duly held. Morris v. Bd. of Comm'rs, 25 Colo. App. 416, 139 P. 582 (1914).

He has no part whatsoever in the initiation or conduct of ordinary criminal proceedings which, in Colorado, are prosecuted by the district attorney in the name of the people of the state and not of the county. Medberry v. People, 107 Colo. 15 , 108 P.2d 243 (1940).

And the interest of the county in the expense incident to a criminal proceeding is not such that will disqualify a county attorney from defending one charged with crime and he is not chargeable with unethical conduct, and in defending the accused at least where the county has no interest beyond that ordinarily attaining, a county attorney does not represent conflicting interests nor serve two masters. Medberry v. People, 107 Colo. 15 , 108 P.2d 243 (1940).

30-11-119. New bond for officers, when.

When the board of county commissioners of any county in this state deems the bond given by the sheriff or other officer of the county insufficient, or when in its opinion the sureties on said bond are insolvent or permanently removed from the county, or when it for any other reason considers said bond insufficient for the public security, it is lawful for the board to require of said sheriff or other officer a new bond, with such sureties and so conditioned as required by law in the first instance.

Source: G.L. § 566. G.S. § 559. R.S. 08: § 1242. C.L. § 8718. CSA: C. 45, § 65. CRS 53: § 36-1-19. C.R.S. 1963: § 36-1-19.

ANNOTATION

Jurisdiction to require new bond. Without having first made a finding affecting the sufficiency of the original official bond of a county officer, the board of county commissioners has no jurisdiction to require him to file a new one. People ex rel. Carr v. Brown, 23 Colo. 425, 48 P. 661 (1897).

30-11-120. Failure to file bond - office vacant.

In case any sheriff or other officer refuses or neglects, for a period longer than thirty days after receiving notice, to give a new bond as required, it is lawful for the board of county commissioners to declare the office vacant and appoint some other person to fill the vacancy, who shall hold the office until a successor is elected or appointed.

Source: G.L. § 567. G.S. § 560. R.S. 08: § 1243. C.L. § 8719. CSA: C. 45, § 66. CRS 53: § 36-1-20. C.R.S. 1963: § 36-1-20.

30-11-121. General accounting records.

The board of county commissioners is responsible for the maintenance of the general accounting records of the county. It is the duty of the county treasurer, county clerk and recorder, county sheriff, and county assessor to furnish, as directed by the board of county commissioners, copies of any and all accounting, administrative, financial, recorded, or assessment records to a person appointed by the board of county commissioners for the purpose of utilizing computer or other record-keeping facilities. Such person shall serve at the pleasure of the board of county commissioners.

Source: L. 69: p. 226, § 1. C.R.S. 1963: § 36-1-21. L. 75: Entire section amended, p. 992, § 1, effective June 4.

30-11-122. Conservation trust fund authorized.

Each county in this state may create a conservation trust fund as provided in section 29-21-101, C.R.S.

Source: L. 74: Entire section added, p. 433, § 3, effective July 1. C.R.S. 1963: § 36-1-22.

30-11-123. New business facilities - expansion of existing business facilities - incentives - limitations - authority to exceed revenue-raising limitations - legislative declaration - definitions.

    1. The general assembly hereby finds and declares that the health, safety, and welfare of the people of this state are dependent upon the attraction of new private enterprise as well as the retention and expansion of existing private enterprise; that incentives are often necessary in order to attract private enterprise; and that providing such incentives stimulates economic development in the state and results in the creation and maintenance of new jobs.
    2. Notwithstanding any law to the contrary, any county may negotiate for an incentive payment or credit with any taxpayer who establishes a new business facility, as defined in section 39-30-105 (7)(e), C.R.S., in the county. In no instance shall any negotiation result in an annual incentive payment or credit that is greater than the amount of the taxes levied by the county upon the taxable personal property located at or within the new business facility and used in connection with the operation of the new business facility for the current property tax year. The term of any agreement made prior to August 6, 2014, pursuant to the provisions of this subsection (1) shall not exceed ten years, including the term of any original agreement being renewed. The term of any agreement made on or after August 6, 2014, pursuant to this subsection (1) shall not exceed thirty-five years, which does not include the term of any prior agreement.

    1. (1.5) (a) Notwithstanding any law to the contrary, a county may negotiate an incentive payment or credit for a taxpayer that has an existing business facility located in the county if, based on verifiable documentation, the county is satisfied that there is a substantial risk that the taxpayer will relocate the facility out of state.
    2. The documentation required pursuant to paragraph (a) of this subsection (1.5) must include information that the taxpayer could reasonably and efficiently relocate the facility out of state and that at least one other state is being considered for the relocation. In order to be eligible for a payment or credit under this subsection (1.5), a taxpayer must identify the specific reasons why the taxpayer is considering leaving the state.
    3. A county shall not give an annual incentive payment or credit under this subsection (1.5) that is greater than the amount of the taxes levied by the county upon the taxable personal property located at or within the existing business facility and used in connection with the operation of the existing business facility for the current property tax year. The term of an agreement made prior to August 6, 2014, pursuant to this subsection (1.5) shall not exceed ten years, and this limit includes any renewals of the original agreement. The term of an agreement made on or after August 6, 2014, pursuant to this subsection (1.5) shall not exceed thirty-five years, and this limit does not include the term of any prior agreement. A county shall not give an annual incentive payment or credit under this subsection (1.5), unless the board of county commissioners approves the payment or credit at a public hearing.
  2. Notwithstanding any law to the contrary, any county may negotiate for an incentive payment or credit with any taxpayer who expands a facility, as defined in section 39-30-105 (7)(c), C.R.S., the expansion of which constitutes a new business facility, as defined in section 39-30-105 (7)(e), C.R.S., and that is located in the county. In no instance shall any negotiation result in an annual incentive payment or credit that is greater than the amount of the taxes levied by the county upon the taxable personal property directly attributable to the expansion, located at or within the expanded facility, and used in connection with the operation of the expanded facility for the current property tax year. The term of any agreement made prior to August 6, 2014, pursuant to the provisions of this subsection (2) shall not exceed ten years, including the term of any original agreement being renewed. The term of any agreement made on or after August 6, 2014, pursuant to this subsection (2) shall not exceed thirty-five years, which does not include the term of any prior agreement.
  3. For purposes of this section, "county" means any county or city and county.
  4. (Deleted by amendment, L. 94, p. 2833 , § 3, effective January 1, 1995.)
  5. Any county that negotiates any agreement pursuant to the provisions of this section shall inform any municipality in which a new business facility would be located, or an existing or expanded business facility is located, whichever is applicable, of such negotiations.
  6. Any county may adjust the amount of its tax levy authorized pursuant to the provisions of section 29-1-301, C.R.S., or pursuant to a county home rule charter, whichever is applicable, by an additional amount which does not exceed the total amount of annual incentive payments or credits made by such county in accordance with agreements negotiated pursuant to the provisions of this section or section 39-30-107.5, C.R.S.

Source: L. 90: Entire section added, p. 1454, § 1, effective April 24. L. 91: (1) amended and (6) added, p. 723, § 1, effective May 24. L. 94: (1)(b), (2), (4), and (6) amended, p. 2833, § 3, effective January 1, 1995. L. 2002: (1)(b) and (2) amended, p. 1120, § 3, effective June 3. L. 2007: (1)(b) and (2) amended, p. 350, § 4, effective August 3. L. 2012: (1)(b) and (2) amended, (HB 12-1029), ch. 61, p. 219, § 3, effective August 8. L. 2013: (1.5) added and (5) amended, (HB 13-1206), ch. 374, p. 2203, § 1, effective August 7. L. 2014: (1)(b), (1.5)(c), and (2) amended, (SB 14-183), ch. 196, p. 720, § 1, effective August 6.

Cross references: (1) For further provisions concerning the Colorado business incentive fund, see article 46.5 of title 24.

(2) In 2012, subsections (1)(b) and (2) were amended by the "Save Colorado Jobs Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 61, Session Laws of Colorado 2012.

30-11-124. Fire planning authority.

  1. The board of county commissioners of each county in the state, subject to the requirements of section 25-7-123, C.R.S., may prepare, adopt, and implement a county fire management plan that details individual county policies on fire management for prescribed burns, fuels management, or natural ignition burns on lands owned by the state or county. Such plans shall be developed in coordination with the county sheriff, the division of fire prevention and control in the department of public safety, and the appropriate state and local governmental entities. All interested parties shall have the opportunity to comment on the plan prior to its adoption and implementation.
  2. County fire management plans created pursuant to subsection (1) of this section shall:
    1. Clearly define appropriate responses in order to mitigate immediate threats to public safety; and
    2. Set forth the conditions under which prescribed or natural ignition fires shall be managed.
  3. Any county that adopts and adheres to a county fire management plan shall be accorded liability protection pursuant to article 10 of title 24, C.R.S.
  4. Federal government agencies, subject to the provisions of sections 25-7-106 (7) and (8) and 25-7-114.7 (2)(a)(III), C.R.S., and private landowners may enter into memoranda of understanding with the board of county commissioners to include public or private lands that are within the boundaries of the county under the county fire management plan. Counties may purchase an indemnification insurance policy and private landowners who enter into memoranda of understanding with the board shall have the opportunity to opt into such policy.
  5. Nothing in this section shall infringe upon or otherwise affect the ability of agricultural producers to conduct burning on their property.

Source: L. 2000: Entire section added, p. 1304, § 8, effective May 26. L. 2013: (1) amended, (SB 13-083), ch. 249, p. 1310, § 15, effective May 23.

Cross references: For the legislative declaration in the 2013 act amending subsection (1), see section 1 of chapter 249, Session Laws of Colorado 2013.

30-11-125. Licensing program for building contractors - contents of program - requirements - exceptions - definitions.

  1. As used in this section, unless the context otherwise requires:
      1. "Building contractor" means a building contractor who for compensation directs, supervises, or undertakes any work for which a county building permit is required. A county licensing program established in accordance with the provisions of this section shall exclude from the definition of "building contractor" any person whose sole function in the work for which a county building permit is required is to perform labor under the supervision or direction of a building contractor.
      2. "Building contractor" shall not include an electrician required to be licensed by the state pursuant to article 115 of title 12 or a plumber required to be licensed by the state pursuant to article 155 of title 12.
    2. "County" means any county or city and county in the state.
    3. "Municipality" means any home rule or statutory city or town in the state.
    4. "Person" means any individual, corporation, limited liability company, partnership, association, or other legal entity.
  2. Subject to the requirements of this section, any county that has adopted a building code may establish a licensing program to require a person who engages in the business of being a building contractor within the unincorporated areas of the county to obtain a license from the county prior to engaging in the business. The county may develop the licensing program in accordance with the requirements of this section, and any such program may include one or more of the following:
    1. Procedures that a building contractor would follow in order to obtain or renew a license, including the submission of any documentation or information as may be required by the county;
    2. A requirement that the building contractor achieve a passing grade on a nationally recognized examination promulgated by the international code council that is commonly used and accepted in the industry;
    3. Specification of the duration of the license issued by the county;
    4. Subject to the requirements of subsection (3) of this section, the imposition of a reasonable fee to be charged by the county to a building contractor to cover the costs of any testing required to be performed by the county, the processing of the application, or any other costs incurred by the county in connection with the issuance or renewal of a license; or
    5. Grounds for the revocation or suspension of a license issued by the county, grounds for the revocation or suspension of a building permit issued for a project for which the building contractor is found not to be in compliance with the county's licensing requirements, or grounds for the imposition of any lesser sanction, which shall be based on objective standards and criteria developed from the county building code, and procedures to be followed by the county in carrying out the revocation, suspension, or other sanction based upon such grounds, including a process for appealing any sanction so imposed.
  3. Any county that establishes a licensing program pursuant to this section shall issue a license to a building contractor holding a valid license issued by another county or municipality in the state without requiring the building contractor to take or achieve a passing grade on any examination conducted by the county if the license issued by such other county or municipality required the building contractor to achieve a passing grade on a nationally recognized examination promulgated by the international code council commonly used and accepted in the industry. In the case of a building contractor holding a valid license issued by another county or municipality in the state, the fee charged by a secondary county for issuance or renewal of a license in accordance with the requirements of this section shall be reasonable and limited to costs incurred by the secondary county in processing the application and otherwise administering the issuance or renewal of a license required by this section.
  4. If a building contractor applying for a license complies with the requirements for obtaining a license established by the county, the county shall issue a provisional license to the building contractor no later than seven business days after the building contractor has submitted a complete application. Notwithstanding the provisions of subsection (5) of this section, any failure on the part of the county to issue a nonprovisional license within forty-five days after submission of a complete application to a building contractor who has otherwise satisfied all other requirements for obtaining a license shall not preclude the building contractor from engaging in the business of being a building contractor and applying for a building permit for unincorporated areas of the county.
  5. Except as otherwise provided in subsection (4) of this section, no person shall engage in the business of being a building contractor within the unincorporated areas of any county that has adopted a licensing program created pursuant to this section unless the person holds a valid license issued or recognized by the county in accordance with the requirements of this section.
  6. Notwithstanding any other provision of this section:
    1. The provisions of this section shall apply to any licensing program operated or administered by a county that is in existence as of August 3, 2007. Any licensing program operated or administered by a county as of August 3, 2007, that satisfies or is amended to satisfy the requirements of this section is hereby ratified as compliant with the requirements of this section and need not be reestablished by the county.
    2. Nothing in this section shall be construed to require any individual to hold a license to perform repair or maintenance work on his or her own property, nor shall it prevent a person from employing an individual on either a full-time or a part-time basis to perform repair or maintenance work on his or her own property who is not licensed under the provisions of this section.

Source: L. 2007: Entire section added, p. 392, § 1, effective August 3. L. 2019: (1)(a)(II) amended, (HB 19-1172), ch. 136, p. 1718, § 214, effective October 1.

30-11-126. Workforce development - incentives - limitations - authority to exceed revenue-raising limitations - legislative declaration - definitions.

    1. The general assembly hereby finds and declares that:
      1. The health, safety, and welfare of the people of Colorado as well as the economic development and growth of local communities in the state depend on the development of a workforce that meets the needs of employers in the state;
      2. Financial incentives are often necessary to attract resources for workforce development, and such incentives can be particularly effective when offered at the local level; and
      3. Providing such incentives stimulates economic development in the state and results in the creation and maintenance of new jobs.
    2. The general assembly further finds and declares that it is in the best interests of the citizens of the state and the economic development of local governments within the state to create an incentive at the county level for taxpayers to contribute to a program that allows counties to provide financial assistance to county residents to pursue post-secondary education or training.
  2. For purposes of this section, "county" means any county or city and county.
  3. Any county may establish a workforce development program, to be known as "bright future Colorado", to provide financial assistance to county residents who pursue post-secondary education or training from an accredited institution of higher education or certified training program. A county workforce development program may include, but need not be limited to, county residents who are high school graduates, county residents who have successfully completed a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S., or county residents who are veterans. Any county that establishes a workforce development program may also establish a workforce development fund to accept contributions for the purpose of the program.
    1. Notwithstanding any law to the contrary, a county that has established a workforce development program may offer an incentive, in the form of a county property tax credit or rebate, to a residential or commercial property owner in the county who contributes to a county workforce development fund.
    2. A county shall not make any appropriation in furtherance of a workforce development program or give any credit or rebate pursuant to this section unless the board of county commissioners approves the total program amount annually at a public budget hearing.

Source: L. 2015: Entire section added, (SB 15-082), ch. 11, p. 25, § 1, effective August 5.

30-11-127. Pioneer trail - designation - signs.

  1. The board of county commissioners may designate, by resolution, any public roads in the county as a section of a pioneer trail. A pioneer trail consists of public roads that follow as closely as possible the original trails or routes of travel of national historic significance. To make such designation, the board must identify all of the roads that make up the pioneer trail. The board shall not designate a pioneer trail across public lands on a road administered by the federal government unless the road is designated as open to travel by the appropriate federal land management agency. Except as set forth in subsection (2) of this section, the designation of the pioneer trail is effective upon the date of the resolution.
  2. If a county designates any portion of a state highway as a pioneer trail, the designation is not effective unless the general assembly, acting by joint resolution, also designates the portion of the state highway as part of the pioneer trail.
  3. If any of the designated roads are part of the state highway system, the board of county commissioners shall send a copy of the resolution to the department of transportation. If any of the designated roads are on public lands administered by the federal government, the board shall send a copy of the resolution to the appropriate federal land management agency.
  4. A county may post, or allow to be posted, identifying and informative signs related to the pioneer trail along county roads.
  5. The authority to designate a pioneer trail is intended to highlight Colorado's cultural and historical heritage and to promote historical tourism and education. Nothing in this section affects existing rights-of-way or ownership of public roads.

Source: L. 2016: Entire section added, (HB 16-1106), ch. 107, p. 308, § 1, effective August 10.

30-11-128. Mobile home parks - definition.

  1. The board of county commissioners of each county has the power to adopt, administer, and enforce ordinances and resolutions to provide for the safe and equitable operation of mobile home parks throughout the unincorporated areas of the county. These ordinances and resolutions may be enacted within the scope of the "Mobile Home Park Act", part 2 of article 12 of title 38, and further as the board deems necessary to protect home owners' equity in the safe use and enjoyment of the mobile homes and mobile home lots, including but not limited to the imposition of penalties or adoption of a local registration system.
  2. Except as provided in subsection (3) of this section, an ordinance or resolution enacted by a county's board of county commissioners is only enforceable within the unincorporated area of the county.
  3. One or more contiguous counties and any municipality or town within each county may enter into intergovernmental agreements to extend the applicability of any ordinance or resolution adopted under this section to and throughout any participating county, municipality, or town.
  4. For purposes of this section, "home owner", "landlord", "mobile home", "mobile home lot", and "mobile home park" have the same meaning as they are defined in section 38-12-201.5.

Source: L. 2019: Entire section added, (HB 19-1309), ch. 281, p. 2627, § 3, effective May 23.

Cross references: For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019.

PART 2 CITY AND COUNTY OF DENVER

30-11-201. Merger not to affect pending actions.

No action or proceeding to which any municipality merged into the city and county of Denver is a party or in which it is in any way interested shall abate by reason of such merger, but the same shall survive and be prosecuted to a conclusion under its title as borne by it at the time of such merger; and any judgment or decree entered therein shall be enforceable by or against the city and county of Denver to the full extent of the interest or liability of the said municipality so merged, the same as if said city and county of Denver were expressly made a party thereto. No right or cause of action by or against any such municipality so merged shall be lost or extinguished by reason of such merger, and the same shall be thereafter enforced and prosecuted by or against the city and county of Denver.

Source: L. 01: p. 167, § 1. R.S. 08: § 2080. C.L. § 8969. CSA: C. 53, § 1. CRS 53: § 36-18-1. C.R.S. 1963: § 36-18-1.

30-11-202. Laws applicable. (Repealed)

Source: L. 01: p. 168, § 2. R.S. 08: § 2081. C.L. § 8970. CSA: C. 53, § 2. CRS 53: § 36-18-2. C.R.S. 1963: § 36-18-2. L. 2003: Entire section repealed, p. 914, § 22, effective August 6.

30-11-203. Records concerning charter amendment.

It is the duty of the secretary of state to carefully preserve all certified charters and charter amendments and measures, and the record of votes thereon, that come to his office under the operation of the constitutional amendment creating the city and county of Denver. He shall publish them in the next ensuing volume of the session laws of the state. The originals, during office hours, shall be open to the inspection of the public.

Source: L. 01: p. 168, § 4. R.S. 08: § 2082. C.L. § 8971. CSA: C. 53, § 3. CRS 53: § 36-18-3. C.R.S. 1963: § 36-18-3.

30-11-204. Channel of Platte river - improvement.

The city council of the city and county of Denver is authorized to improve, change, straighten, widen, narrow, deepen, or extend the channel of the South Platte river within the city and county of Denver.

Source: L. 15: p. 198, § 1. C.L. § 8974. CSA: C. 53, § 6. CRS 53: § 36-18-6. C.R.S. 1963: § 36-18-6.

ANNOTATION

In determining its policy and character of construction work to be done under this section, the city acted in its governmental capacity; the power so to act is expressly conferred upon the city council, and this authority it could not delegate. City & County of Denver v. Talarico, 99 Colo. 178 , 61 P.2d 1 (1936).

But in the performance of the ministerial work it is not acting in a governmental capacity and will be held liable for damages resulting from its negligence in the construction and maintenance of the works erected in carrying out the policy adopted. City & County of Denver v. Talarico, 99 Colo. 178 , 61 P.2d 1 (1936).

And in an action against a municipality for damages occasioned by the flooding of plaintiff's lands and crops, resulting from the city's negligence in making and leaving an excavation in an embankment through which the flood waters reached his land, it was held that the evidence supported a finding that the excavation was the proximate cause of the damage. City & County of Denver v. Talarico, 99 Colo. 178 , 61 P.2d 1 (1936).

Ordinary care required. In an action for damages to land and crops resulting from the alleged negligence of a city, if the latter failed to use ordinary care in maintaining an embankment constructed in line with its policy for flood water control, it cannot escape liability by imputing the cause of damage to an act of God. City & County of Denver v. Talarico, 99 Colo. 178 , 61 P.2d 1 (1936).

City must see that adjacent land not subject to greater hazard. Where city under legislative authority makes improvements in and along the channel of a natural stream, in the absence of contract, it owes no duty to adjacent landowners other than to see that in the plan of the improvement and its maintenance or failure to maintain, such land is not subjected to a greater burden or hazard from floods than that to which it would have been exposed had the stream been left in its natural state. City & County of Denver v. Pilo, 102 Colo. 326 , 79 P.2d 270 (1938).

30-11-205. City to control channel.

The width, depth, course, and dimensions of said channel shall be as established by ordinance duly enacted by the council of the city and county of Denver, and said city and county has the power to acquire by purchase or condemnation all lands necessary to improve, straighten, widen, narrow, deepen, or extend said channel, and the public works department has exclusive control of the construction of said improvement.

Source: L. 15: p. 198, § 2. C.L. § 8975. CSA: C. 53, § 7. CRS 53: § 36-18-7. C.R.S. 1963: § 36-18-7.

30-11-206. Improvement of channel beyond city limits.

The city and county of Denver is empowered to extend and improve said channel beyond and outside the limits of the city and county of Denver when in the opinion of the council of said city and county the extension and improvement of said channel beyond the boundary line of said city and county shall more effectually and advantageously accomplish the purpose and object of sections 30-11-204 to 30-11-207, and cause said improvement to be more beneficial to the inhabitants of the city and county of Denver and promote and protect the general health and general welfare.

Source: L. 15: p. 199, § 3. C.L. § 8976. CSA: C. 53, § 8. CRS 53: § 36-18-8. C.R.S. 1963: § 36-18-8.

30-11-207. Obstructions or pollutions.

The city council of the city and county of Denver may enact and adopt ordinances for the purpose of preventing and removing obstructions in said channel or encroachments upon the same or polluting the waters thereof; and to in every manner control, regulate, and protect said property when improved in whole or in part, and provide for a penalty for the violation of any of said ordinances.

Source: L. 15: p. 199, § 4. C.L. § 8977. CSA: C. 53, § 9. CRS 53: § 36-18-9. C.R.S. 1963: § 36-18-9.

30-11-208. Contract - teleconferencing facilities and services.

The city and county of Denver may enter into a contract with the state telecommunications director pursuant to the provisions of section 24-37.5-503, C.R.S., for the providing of teleconferencing facilities and services between the city and county of Denver and any other county or state agency to be used for teleconferencing of hearings relating to any person in the custody of the city and county of Denver.

Source: L. 85: Entire section added, p. 807, § 3, effective May 23. L. 2008: Entire section amended, p. 1131, § 17, effective May 22.

Cross references: For the authority of the board of county commissioners to enter into a contract for teleconferencing facilities and services, see § 30-11-107 (1)(x).

PART 3 OIL, GAS, AND MINERAL RIGHTS

30-11-301. Definitions.

As used in this part 3, unless the context otherwise requires:

  1. "Landfill-generated methane gas" means those gases resulting from the biological decomposition of landfilled solid wastes, including methane, carbon dioxide, hydrogen, and traces of other gases, and shall be referred to in this part 3 as "landfill gas".

    (1.5) "Oil and gas" means oil, gas, casinghead gas, condensate, and hydrocarbons or any one or more of them.

  2. "Real estate owned by a county" and "county lands" means any real estate acquired and owned by a county under the laws relating to taxation or otherwise.

Source: L. 49: p. 328, § 5. CSA: C. 45, § 25(5). CRS 53: § 36-11-5. C.R.S. 1963: § 36-11-5. L. 80: (1) amended and (1.5) added, p. 651, §§ 1, 2, effective July 1.

Cross references: For definitions applicable to this article, see § 30-26-301 (2)(d).

ANNOTATION

Placement of statute immaterial. That the revisor of statutes placed a statute relating to the authority of counties to reserve mineral rights in county lands sold under the title "County Powers and Functions" rather than under "taxation" is immaterial where the statute provides that the term county lands means any real estate acquired and owned by a county under the laws relating to taxation or otherwise. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

Section 30-11-305 expressly governs lands acquired by a county on account of nonpayment of taxes as evidenced by this section. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

30-11-302. Oil, gas, and mineral rights - reservation of - sale.

  1. In any sale of county lands made by any county acting through its board of county commissioners, a valid reservation of oil and gas and other minerals in such lands may be made when in the opinion of the board of county commissioners it is deemed to be for the best interest of the county. Oil and gas and other mineral rights or any of them thus reserved by a county upon the sale of such real estate may be sold by order of the board of county commissioners at public sale to the highest and best bidder after four weeks' prior notice by publication two times in a newspaper of general circulation in the county in which the land is situated, said notice to describe the oil and gas or other mineral rights to be sold, the location of the land involved, and the date, time, and place of such sale; but a copy of said notice shall be mailed, postage prepaid, by the board of county commissioners to the owner of the surface at the time of such notice as shown by the records in the office of the county assessor of the county in which such lands are situated at the last known address of such owner as shown by said books of the county assessor, and that a copy of said notice shall be mailed, postage prepaid, by the board of county commissioners to the person in possession of the surface.
  2. In the sale of reserved oil and gas rights under any tract of land, the number of acres contained in any one parcel or unit of sale of such rights shall not exceed the total number of acres of such surface land sold by the county to the purchaser thereof at the time of reservation therefrom of the oil and gas rights thus offered for sale. Nothing contained in this section shall prevent a county from selling any number of such units or parcels at any public sale. The board of county commissioners has the right to reject any and all bids.
  3. Mineral rights, other than oil and gas, reserved as provided in this section may be leased for exploration, development, and production purposes upon such terms and conditions as may be prescribed and contracted by the board of county commissioners in the exercise of its best judgment and as such board deems to be for the best interests of the county. Any such lease of mineral rights, other than oil and gas, shall be for a term not to exceed twenty-five years and as long thereafter as such minerals are produced. Leases of any such mineral rights made or entered into by the board in conformity with the provisions of this section prior to February 25, 1955, are hereby confirmed, validated, and declared to be legal and valid insofar as the authority of any such board is concerned.

Source: L. 49: p. 326, § 1. CSA: C. 45, § 25(1). CRS 53: § 36-11-1. L. 55: p. 255, § 1. C.R.S. 1963: § 36-11-1.

ANNOTATION

Law reviews. For article, "Highlights of the 1955 Colorado Legislative Session -- Mining", see 28 Rocky Mt. L. Rev. 56 (1955).

Placement of statute immaterial. That the revisor of statutes placed a statute relating to the authority of counties to reserve mineral rights in county lands sold under the title "County Powers and Functions" rather than under "taxation" is immaterial where the statute provides that the term county lands means any real estate acquired and owned by a county under the laws relating to taxation or otherwise. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

The fact that present statutes permit a county to reserve minerals only means that is may reserve and sell the minerals separately. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

Property sold subject to lease. All county-owned property not needed for the use of a county should be sold promptly and as soon as lack of need is apparent, and the fact that it is subject to a valid lease or leases does not preclude a sale; the property surface, minerals, or both, can be sold subject to the terms of the lease, which lease may add to or detract from the value of the property. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

To permit a county to become the owner of and hold at its pleasure unlimited nontaxable real estate, would be to deprive the state, school district, and others tax revenue and by such action cripple other governmental agencies dependent for their existence upon tax revenue. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

A deed of land by a county reserving to the county the minerals therein, through invalid when made, but validated by § 30-11-305 , precludes the grantee from asserting ownership of the minerals which by the validated deed are expressly reserved to the county, and a decree quieting title to the minerals in the county is correct. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

Purchaser took subject to reserve rights. Where land acquired by a county through a tax sale is thereafter sold by the county, reserving the mineral estate, the purchaser of the surface, having prior knowledge that the minerals were to be reserved, received that which he intended to acquire and for which he paid. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

30-11-303. Oil and gas rights - leases - royalties.

  1. Any county acting by its board of county commissioners may lease any real estate or any interest therein owned by the county for oil and gas exploration, development, and production purposes upon such terms and conditions as may be prescribed and contracted by the board of county commissioners in the exercise of its best judgment, and as such board deems to be for the best interests of the county.
  2. Any such lease of oil and gas rights shall be for a term not to exceed five years and as long thereafter as oil or gas is produced and shall provide for a royalty of not less than twelve and one-half percent of all oil and gas produced, saved, and marketed, or the equivalent market value thereof, which royalty may be reduced proportionately under appropriate provision in such lease if the interest of the county is less than a full interest in the land or oil and gas rights in the land described in such lease.
  3. When, in the opinion of the board of county commissioners and because of the size, shape, or current use of any tract of county real estate, the public interest so requires, any lease of such tract may provide that no drilling shall be conducted on the land covered thereby, in which case such lease shall be for a term not to exceed ten years and so long thereafter as the county may share in royalties payable on account of production of oil or gas from lands adjacent to such tract of county land so leased.

Source: L. 49: p. 327, § 2. CSA: C. 45, § 25(2). L. 53: p. 218, § 1. CRS 53: § 36-11-2. C.R.S. 1963: § 36-11-2.

30-11-304. Agreements to pool lands for production purposes.

When deemed by the board of county commissioners to be in the best interest of the county, any county acting by its board of county commissioners may enter into any unit agreement providing for the pooling or consolidation of acreage covered by any oil and gas lease executed by such county with other acreage for oil and gas exploration, development, and production purposes and providing for the apportionment or allocation of royalties among the separate tracts of land included in such unit agreement on an acreage or other equitable basis, and may by such agreement, with the consent of its lessee, change any and all of the provisions of any lease issued by such county including the term of years for which such lease was originally granted in order to conform such lease to the terms and provisions of such unit agreement and to facilitate the efficient and economic production of oil and gas from the unit lands.

Source: L. 49: p. 327, § 3. CSA: C. 45, § 25(3). CRS 53: § 36-11-3. C.R.S. 1963: § 36-11-3.

30-11-305. Prior agreements validated.

All reservations of oil and gas and other mineral rights and sales of previously reserved oil and gas and other mineral rights in county lands made or entered into by any county prior to May 20, 1949, acting by its board of county commissioners, all leases of oil and gas or rights, and all unit agreements relating to or dealing with oil and gas and containing provisions similar to those set forth in section 30-11-304, affecting county lands, made or entered into by any county prior to May 20, 1949, acting by its board of county commissioners are hereby confirmed, validated, and declared to be legal and valid in all respects.

Source: L. 49: p. 327, § 4. CSA: C. 45, § 25(4). CRS 53: § 36-11-4. C.R.S. 1963: § 36-11-4.

ANNOTATION

Reservation subsequently validated. Where a county sold land acquired by tax sale and reserved the minerals therein without authority at the time of such sale, such reservation where thereafter validated by this section. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

This validating act was intended by the general assembly to apply to sales of surface rights, and it validates such sales unless subject to some constitutional objection. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

No impairment of vested rights. Generally speaking, the general assembly may, within the constitutional limits of its power, cure formal defects in deeds and other written instruments, and give them the same validity as though they had been properly executed, since such legislation, even though it may operate to cut off a right of action that would otherwise exist, is not considered as depriving anyone of vested rights, but rather as carrying into effect the intent of the parties. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

The general assembly may validate retrospectively any proceeding which it might have authorized in advance, or may cure by subsequent statute what it might have dispensed with altogether. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

A curative or validating statute is one whose purpose is to cure past errors, omissions, and neglects, and thus to make valid what, before the enactment of the statute, was invalid. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

But a validating statute grants no indulgence for the correction of future errors and neglects. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

And § 11 of art. II, Colo. Const., does not apply, and was not intended to apply, to acts validating contracts theretofore made on behalf of the state. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

Quieting title decree correct. Where a deed of land by a county reserving to the county the minerals therein, though invalid when made, had been validated by this section, precluded the grantee from asserting ownership of the minerals which by the validated deed were expressly reserved to the county, and a decree quieting title to the minerals in the county was correct. Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

This section expressly governs lands acquired by a county on account of nonpayment of taxes as evidenced by § 30-11-301 . Farnik v. Bd. of County Comm'rs, 139 Colo. 481 , 341 P.2d 467 (1959).

30-11-306. Legislative declaration concerning landfill gas.

The general assembly hereby declares that landfill gas constitutes a hazard to the health, welfare, and safety of the people of this state, whether such gas has accumulated as a result of a public or private landfill operation, and that the extraction of landfill gas will ameliorate this dangerous condition, and further declares that the development of landfill gas will provide a valuable, alternate energy resource to the citizens of this state. In order to diminish this hazard and utilize this energy resource, the powers of counties are hereby expanded to authorize landfill gas exploration, development, and production; the financing thereof; the marketing and sale of landfill gas to any public or private person or entity; and the county use thereof for any purpose.

Source: L. 80: Entire section added, p. 651, § 3, effective July 1.

30-11-307. County authority relating to landfill gas.

  1. To accomplish the purposes specified in section 30-11-306, counties are granted the following powers:
    1. To acquire, hold, use, transfer, and convey any real property or any interest therein for purposes of landfill gas exploration, production, and development;
    2. To engage in any and all activities respecting the exploration, development, production, distribution, marketing, and sale of landfill gas to any person or public or private entity, or for county uses;
      1. To acquire by gift, purchase, or condemnation necessary easements and rights-of-way, for ingress and egress and for the installation of facilities related to collection and distribution of landfill gas; except that the power of condemnation granted in this paragraph (c) shall not extend to acquisition of landfill gas in place nor shall such power be available to a county until the county has entered into a contract with the owner of such landfill gas for the development, extraction, and purchase of such landfill gas, and except that such condemnation shall not interfere with the normal use of any real property, or other property appurtenant thereto, which is devoted or dedicated to a public utility use or upon which landfill gas abatement or recovery facilities have been placed in operation and shall be limited to the maximum reasonable width or area necessary to install, operate, and maintain such rights-of-way, ingress and egress, and collection and distribution facilities.
      2. Any interest in real property acquired by condemnation pursuant to this paragraph (c) shall terminate upon the completion of use of such real property, or any interest therein, for landfill gas operations, and any such condemnation shall be in the manner provided in part 1 of article 6 of title 38, C.R.S.
    4. To enter into contracts, including intergovernmental contracts, and to perform all acts necessary to produce, distribute, and market landfill gas;
    5. To issue general obligation bonds, after approval of the qualified electors of the county, for purposes of financing the exploration, development, production, distribution, and marketing of landfill gas;
    6. To issue revenue bonds authorized by action of the board of county commissioners, without the approval of the qualified electors of the county, for purposes of financing the exploration, development, production, distribution, and marketing of landfill gas. Such revenue bonds shall be issued in the manner provided in part 4 of article 35 of title 31, C.R.S., for the issuance of revenue bonds by municipalities; except that such revenue bonds may be sold in one or more series at par, or below or above par, at public or private sale, in such manner and for such price as the county, in its discretion, shall determine. Such revenue bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the county within the meaning of any provision or limitation of the state constitution or statutes, and shall not constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers, and such revenue bonds and the income therefrom are exempt from taxation, except inheritance, estate, and transfer taxes.

Source: L. 80: Entire section added, p. 652, § 3, effective July 1.

Cross references: For municipal provisions concerning landfill gas, see §§ 31-15-715 and 31-15-716.

PART 4 LAW ENFORCEMENT AUTHORITIES

30-11-401. Short title.

This part 4 shall be known and may be cited as the "Law Enforcement Authority Act of 1969".

Source: L. 69: p. 239, § 2. C.R.S. 1963: § 36-27-2.

30-11-402. Legislative declaration.

It is the intent of the general assembly in the enactment of this part 4 to provide an alternative and additional means to provide law enforcement for the citizens of this state, especially those residing in developed or developing unincorporated areas of counties, to combat the rising crime rate therein, and to better assist police and other law enforcement agencies in the prevention of crime and in the detection and apprehension of criminal offenders.

Source: L. 69: p. 239, § 1. C.R.S. 1963: § 36-27-1. L. 71: p. 346, § 1.

30-11-403. Definitions.

As used in this part 4, unless the context otherwise requires:

  1. "Area" or "territory" means all areas of land in a county included or proposed to be included in a law enforcement authority, which may consist of all or a portion of the unincorporated area of the county but may not include any single tract or parcel of property containing twenty acres or more without the written consent of the owner thereof, unless such tract or parcel would be entirely within the boundaries of an area.
      1. An "elector" of an authority means a person who, at the designated time or event, is registered to vote in general elections in this state; and (2) (a) (I) An "elector" of an authority means a person who, at the designated time or event, is registered to vote in general elections in this state; and
      2. Who has been a resident of the authority or the area to be included in the authority for not less than thirty days; or
      3. Who or whose spouse owns taxable real or personal property within the authority or the area to be included within the authority, whether or not said person resides within the authority.
    2. A person who is obligated to pay general taxes under a contract to purchase real property within the authority shall be considered an owner within the meaning of this subsection (2). The ownership of property on which a specific ownership tax is paid pursuant to law shall not qualify a person as an elector. Taxable property shall mean real or personal property subject to general ad valorem taxes.
    3. Registration pursuant to the general election laws or any other laws shall not be required.
  3. "Law enforcement authority", referred to in this part 4 as an "authority", means a taxing unit which may be created by a county in this state for the purpose of providing additional law enforcement by the county sheriff to the residents of the developed or developing unincorporated area of the county.
  4. "Publication", when no manner of publication is specified, means publication once a week for three consecutive weeks in a newspaper of general circulation in the area of the authority. It shall not be necessary that publication be made on the same day of the week in each of the three consecutive weeks, but not less than fourteen days, excluding the day of first publication, shall intervene between the day of the first publication and the day of the last publication, and publication shall be complete on the day of the last publication.

Source: L. 69: p. 239, § 3. C.R.S. 1963: § 36-27-3. L. 70: p. 144, § 17. L. 71: pp. 337, 346, 348, §§ 4, 2, 3, 9. L. 96: (2)(a) amended, p. 1767, § 59, effective July 1.

Cross references: For definitions applicable to this article, see § 30-26-301 (2)(d).

30-11-404. Organization of authority.

  1. The board of county commissioners of any county in this state may by resolution create an authority pursuant to the provisions of this part 4, which authority shall be a political subdivision of this state.
  2. No resolution creating an authority under this part 4 shall be adopted by a board of county commissioners unless prior notice of such action, including the date, time, and place of meeting of said board, shall be made by publication, and an opportunity to be heard in person or by counsel shall be afforded to persons desiring to appear.
  3. The resolution creating such an authority shall contain the following:
    1. The name of the proposed district, which shall include the name of the county and the words "law enforcement authority";
    2. A general description of the territory included in the authority, with such certainty to enable a property owner to determine whether or not his property is within the authority; and
    3. Where applicable, the specific powers and duties of the authority, as provided in this part 4, but if the authority is authorized to exercise all such powers and duties under this part 4, only a general statement to this effect need be included.
  4. The resolution creating any such authority shall not take effect until thirty days following the canvass of votes cast at the election conducted pursuant to section 30-11-405.
  5. On the effective date of such resolution, the board of county commissioners shall, ex officio, constitute the governing board of the authority and shall exercise the powers and duties prescribed in this part 4 and in the resolution.

Source: L. 69: p. 240, § 4. C.R.S. 1963: § 36-27-4. L. 71: p. 347, § 4.

30-11-405. Election.

  1. The board of county commissioners shall call a special election in the area proposed to be included in the authority, as described in the resolution, which election shall be held not less than thirty nor more than forty-five days after adoption of the resolution by the board of county commissioners.
  2. No authority shall be created unless the proposition to create such authority shall first be submitted to and approved by the electors of the authority.
  3. Notice of the election shall be by publication and shall contain the question to be submitted, the date of the election, the times that the polls shall be open, and the place of each polling place. Designation of election precincts and polling places and election contests shall be pursuant to the provisions of part 8 of article 1 of title 32, C.R.S.
  4. Said election shall otherwise be conducted, insofar as practicable, as are general elections. Election judges shall be appointed and compensated by the board of county commissioners, and their powers and duties shall be defined and exercised pursuant to the comparable provisions of law governing general elections, except that they shall be appointed without regard to political affiliation. All costs of such election shall be paid out of the county general fund.
  5. If a majority of those electors of the authority voting at said election have voted in favor of such proposition, said authority shall be approved and the resolution creating the same shall become effective as provided in section 30-11-404.

Source: L. 69: p. 240, § 5. C.R.S. 1963: § 36-27-5. L. 70: p. 145, § 18. L. 71: pp. 337, 347, 348, §§ 5, 7, 5, 9. L. 81: (3) amended, p. 1612, § 10, effective June 19.

30-11-406. Powers of law enforcement authority.

  1. Each law enforcement authority formed pursuant to this part 4 has the following powers, except as otherwise limited by the resolution creating the same:
    1. To have perpetual existence;
    2. To sue and be sued and be a party to suits, actions, and proceedings;
    3. To enter into contracts and agreements with the sheriff of the county in which the authority is located to provide law enforcement services for the authority, except as otherwise provided in this part 4;
    4. To employ such administrative, clerical, and professional employees as may be necessary to carry out the purposes of the authority;
    5. To levy a tax not to exceed five mills for the 1982 property tax year or seven mills for the 1983 property tax year and each property tax year thereafter on the taxable property within the area of the authority, for the payment of the operating expenses of the authority. In any case in which an authority proposes to impose a mill levy which is the maximum mill levy allowable under this paragraph (e) or which is in excess of the certified mill levy computed pursuant to section 30-11-406.5, such authority shall follow the procedure set forth in section 30-11-406.5.

Source: L. 69: p. 241, § 6. C.R.S. 1963: § 36-27-6. L. 81: (1)(e) amended, p. 1399, § 13, effective June 19.

30-11-406.5. Procedure for levying property tax - public disclosure - county assessor's duties.

  1. No later than August 25 of each year, each county assessor shall certify to each authority within the assessor's county the total valuation for assessment of all taxable property located within the territorial limits of the authority and the mill levy that when applied to such valuation for assessment, exclusive of the increased valuation for assessment attributable to annexation or inclusion of additional land, the improvements thereon, and personal property connected therewith within the authority for the preceding year, or attributable to new construction and personal property connected therewith within the authority for the preceding year, or attributable to increased volume of production for the preceding year by a producing mine if said mine is wholly or partially within the authority and if such increase in volume of production causes an increase in the level of services provided by the authority, or attributable to previously legally exempt federal property that becomes taxable if such property causes an increase in the level of services provided by the authority, will raise the same property tax revenue as was raised the previous year.
  2. Any authority which proposes to impose a mill levy in excess of the mill levy for the previous year shall submit such proposal at an election in accordance with section 20 of article X of the state constitution and title 1, C.R.S.
  3. to (6) (Deleted by amendment, L. 94, p. 1188 , § 84, effective July 1, 1994.)

Source: L. 81: Entire section added, p. 1399, § 14, effective June 19. L. 82: (1) amended, p. 458, § 3, effective March 17. L. 83: (1) amended, p. 2073, § 3, effective October 13. L. 87: (1) amended, p. 1188, § 3, effective March 12. L. 94: Entire section amended, p. 1188, § 84, effective July 1. L. 96: (1) amended, p. 17, § 2, effective February 22.

30-11-407. Short-term loans for new authorities.

In order to provide funds for a new authority to operate prior to the receipt of revenues from property taxes, an authority may contract with any person, corporation, association, or company for a short-term loan, not to exceed the amount necessary for such operation, and such loan shall be fully paid within twelve months; but subsequent short-term loans may be made in each budget year in smaller amounts and shall be paid within six months. Such subsequent loans shall be scheduled to liquidate the accumulated debt fully in a period not to exceed ten years after the date of the first loan. Interest paid on such loans shall be exempt from taxation by the state or any political subdivision thereof.

Source: L. 69: p. 241, § 7. C.R.S. 1963: § 36-27-7.

30-11-408. Detachment - dissolution.

  1. Upon the effective date of the annexation to any city, town, or city and county, or the incorporation of any territory included in an authority, upon the certification thereof by the clerk of such municipality, the territory so annexed or incorporated shall be detached from such authority as of the effective date thereof, if such be January 1 of any year; otherwise, such detachment shall take effect on the following January 1, for purposes of general property taxation. Property so detached shall not thereafter be liable for any portion of the outstanding indebtedness of the authority.
  2. Upon the annexation or incorporation of fifty percent or more of the area of the territory included in any authority, or upon petition by ten percent of the electors and the approval of a majority of the electors of the authority voting at a special election called for that purpose, pursuant to the applicable provisions of section 30-11-405, any authority formed under this part 4 shall be dissolved effective the following January 1, except that if any indebtedness of the authority is unpaid and outstanding, the authority shall continue in existence for taxation purposes only until all obligations of the authority are paid.

Source: L. 69: p. 241, § 8. C.R.S. 1963: § 36-27-8. L. 70: p. 146, § 19. L. 71: pp. 337, 347, §§ 6, 6.

30-11-409. Payments to sheriff.

Moneys paid to any sheriff for services pursuant to the provisions of this part 4 shall be expended by the sheriff only for law enforcement purposes, including administration and capital expenditures, pursuant to agreements entered into as authorized by this part 4.

Source: L. 69: p. 241, § 9. C.R.S. 1963: § 36-27-9.

30-11-410. Power to contract for provision of law enforcement services.

  1. The governing body of a municipality and the board of county commissioners may contract for the purpose of providing law enforcement, including enforcement of municipal ordinances, by the sheriff within the boundaries of the municipality.
  2. The law enforcement authority and the sheriff may contract with other law enforcement agencies or with municipalities for the provision of law enforcement services within the unincorporated areas of the county.

Source: L. 71: p. 347, § 8. C.R.S. 1963: § 36-27-10. L. 89: Entire section amended, p. 1270, § 3, effective April 23.

30-11-411. Inclusion of land.

An additional area may be included in a law enforcement authority, upon petition of all electors and landowners in such area, by resolution of the board of county commissioners or by such resolution and a vote of a majority of electors of such area in the same manner as provided for the organization of a law enforcement authority.

Source: L. 71: p. 348, § 8. C.R.S. 1963: § 36-27-11.

PART 5 COUNTY HOME RULE CHARTERS

Cross references: For provisions on home rule counties, see article 35 of this title.

30-11-501. County home rule charters.

Any county in this state, pursuant to the provisions of this part 5, may establish the organization and structure of county government which shall be submitted to and adopted by a majority vote of the registered electors of the county which shall be known as a county home rule charter.

Source: L. 71: p. 349, § 1. C.R.S. 1963: § 36-28-1. L. 85: Entire section amended, p. 1344, § 8, effective April 30.

30-11-502. Charter commission.

  1. Following the adoption of a resolution by the board of county commissioners, or upon the submission of a petition of not less than five percent of the registered electors of the county, requesting that a charter commission be established, the board of county commissioners shall call an election to be held on or before the next general election for the purpose of determining whether or not a charter commission shall be elected. The board of county commissioners shall publish notice of the election at least sixty days prior to the election.
    1. At least sixty days before the election provided for in section 30-11-503, the board of county commissioners shall divide the county into three compact districts; such districts to be as nearly equal in population as possible, for the purpose of electing charter commission members by district according to subsection (4) of this section.
    2. If the provisions of paragraph (a) of this subsection (2) are not met before sixty days prior to the election provided for in section 30-11-503, no member of the board of county commissioners of the county shall thereafter be entitled to or earn any compensation for his services or receive any payment for salary or expenses, nor shall any member be eligible to succeed himself in office.
    1. The charter commission shall consist of the following members and be elected from the district as follows:
      1. In counties having a population of less than fifty thousand, eleven members, three of whom shall reside in and be elected from each commissioner district within the county and two to be elected at large;
      2. In counties having a population of fifty thousand or more, twenty-one members, six of whom shall reside in and be elected from each commissioner district and three to be elected at large.
    2. Eligibility to serve on the commission shall extend to all qualified electors of the county. Any vacancy in the charter commission shall be filled by majority vote of the members of the charter commission.
  4. Candidates for the charter commission shall be nominated by filing with the county clerk and recorder, on forms supplied by the county clerk and recorder, a nomination petition signed by at least twenty-five registered electors of the county and a statement by the candidate consenting to serve if elected. Said petition and statement must be filed within thirty days after publication of the election notice. A second notice of the election shall be published by the said commissioners and include the names of candidates for the charter commission.

Source: L. 71: p. 349, § 1. C.R.S. 1963: § 36-28-2. L. 85: (1) and (4) amended, p. 1344, § 9, effective April 30.

Editor's note: In 2004, the provisions within subsection (3) were renumbered on revision to conform to statutory format.

30-11-503. Election on formation of charter convention and designation of members.

  1. At the election, voters shall cast ballots for or against forming the charter commission. If a majority of the registered electors voting thereon vote for forming the charter commission, a commission to frame a charter shall be deemed formed.
  2. At the election voters shall also cast ballots for electing the requisite number of charter commission members. Those candidates receiving the highest number of votes shall be elected. In the event of tie votes for the last available vacancy, the clerk shall determine by lot the person who shall be elected.

Source: L. 71: p. 350, § 1. C.R.S. 1963: § 36-28-3. L. 85: (1) amended, p. 1345, § 10, effective April 30.

30-11-504. Development of proposed charter.

  1. A charter commission elected pursuant to section 30-11-503 shall meet on a date designated by the board of county commissioners for the purposes of organization within thirty days after the election. The charter commission shall elect a chairman and a vice-chairman from among its membership. Further meetings of the commission shall be held upon call of the chairman or a majority of the members of the commission. All meetings shall be open to the public. A majority of the charter commission shall constitute a quorum. The commission may adopt such other rules for its operations and proceedings as it deems necessary or desirable. Members of the commission shall receive no compensation but shall be reimbursed for necessary expenses pursuant to law.
  2. The charter commission shall conduct a comprehensive study of the operation of county government and of the ways in which the conduct of county government might be improved or reorganized. Within two hundred forty days after its initial meeting, the charter commission shall present to the board of county commissioners a proposed charter, upon which it shall have held three public hearings at intervals of not less than fifteen nor more than thirty days, and notice of these public hearings shall be published not less than fifteen days prior to each public hearing in a newspaper of general circulation within the county. Within ten days of the last of such public hearings, the charter commission shall incorporate any amendments it deems desirable. A majority vote of the members of the charter commission in favor of a proposed charter for the county shall be required to forward said charter to the board of county commissioners for the setting of a referendum election as provided in section 30-11-505.
  3. In the event that the charter commission fails to present a charter to the board of county commissioners after the specified time, the charter commission shall recess for a period of not less than thirty days nor more than ninety days. The board of county commissioners shall then call the charter commission to begin a second attempt to present a charter which shall be presented within a period of ninety days. In the event a second attempt to present a charter to the board of county commissioners also fails, the charter commission shall be excused from its duties and dissolved by the board. All records, files, and proceedings of the charter commission shall be submitted to the board of county commissioners for storage and safekeeping as a public record. A new charter commission shall be elected on dissolution as provided in section 30-11-502.
  4. The board of county commissioners is authorized to establish a special county charter fund and establish a mill levy therefor when the charter commission has submitted a preliminary budget approved by the board of county commissioners. The expenses of the charter commission shall be verified by a majority vote of the commission and shall be submitted to the board of county commissioners for approval, which approval shall not be unreasonably withheld. If approved, payment shall be made from the special county charter fund. The charter commission may employ a staff, may consult and retain experts, and may purchase, lease, or otherwise provide for such supplies, materials, equipment, and facilities as it deems necessary or desirable. The board of county commissioners may accept funds, grants, gifts, and services for the charter commission from the state of Colorado, the government of the United States or any of its agencies, or other sources, public or private.

Source: L. 71: p. 350, § 1. C.R.S. 1963: § 36-28-4. L. 75: Entire section amended, p. 993, § 1, effective June 4.

30-11-505. Referendum election on charter - adoption or rejection.

  1. Upon submission to the board of county commissioners of a charter by the charter commission, the board of county commissioners shall call a special election, to be paid for from the special county charter fund and held pursuant to the Colorado election laws. The special election shall be held not more than ninety days nor less than forty-five days after the board of county commissioners receives the proposed charter; however, if a coordinated election or general election is to be held within sixty days after the board of county commissioners receives the proposed charter, the special election shall be held as part of the coordinated election or general election. The board of county commissioners shall publish in a newspaper of general circulation within the county a complete text of the proposed charter not less than ten days prior to the special election. At the special election a referendum of the registered electors of the county shall be held to determine the question of whether the proposed charter as submitted shall be adopted. Notice of the election on the proposed charter shall be published at least thirty days prior to the election.
  2. If a majority of those voting on the question favor the adoption of the charter, the said charter shall become effective January 1 of the succeeding year or at such other time as the charter may provide. Such charter, once adopted by the electors, may be amended only by the registered electors of the county.
  3. If a majority of the voters disapprove the proposed charter, the charter commission may proceed to prepare a revised proposed charter in the same manner provided for preparation, submission, and election on the proposed charter. The election on any revised proposed charter must be held not less than ninety nor more than one hundred eighty days after the election rejecting the proposed charter. The charter commission shall not submit more than one proposed charter and one revised proposed charter. If a majority of the voters disapprove the proposed charter, or the revised proposed charter, if one is submitted, no new referendum may be held during the next twelve months following the date of the last disapproval.
  4. Upon acceptance or rejection of the proposed charter or the revised proposed charter, if one is submitted by the registered electors of the county, the charter commission shall be dissolved, and all property of the charter commission shall thereupon become the property of the county, and the board of county commissioners shall adopt a resolution to that effect.

Source: L. 71: p. 351, § 1. C.R.S. 1963: § 36-28-5. L. 85: (1), (2), and (4) amended, p. 1345, § 11, effective June 4. L. 2006: (1) amended, p. 2036, § 25, effective June 6.

30-11-506. Procedure to amend or repeal charter.

  1. Action to amend a charter shall be initiated by:
    1. A petition signed by at least five percent of the registered electors of the county; or
    2. A resolution adopted by the board of county commissioners submitting the proposed amendment to the registered electors.
  2. Action to repeal a charter or to form a new charter commission may be initiated by a petition signed by at least fifteen percent of the registered electors of the county.
    1. Within thirty days of initiation of a proposed amendment, repeal, or charter convention measure, the board of county commissioners shall publish notice of and call an election to be held not less than thirty nor more than one hundred twenty days after said publication. The text of any proposed amendment shall be published with said notice.
    2. If the proposal is for a charter commission, the election shall be scheduled at least sixty days after publication of the notice. The procedure for the forming and functioning of a new charter commission shall comply as nearly as practicable with provisions relating to formation and functioning of an initial charter commission.
  4. If a majority of the registered electors voting thereon vote for a proposed amendment, the amendment shall be deemed approved. If a majority of the registered electors voting thereon vote for repeal of the charter, the charter shall be deemed repealed, and the county shall proceed to organize and operate pursuant to the statutes applicable to statutory counties.

Source: L. 71: p. 352, § 1. C.R.S. 1963: § 36-28-6. L. 85: (1)(a), (1)(b), (2), and (4) amended, p. 1345, § 12, effective June 4.

30-11-507. Filings - effect of.

  1. Within twenty days after voter approval, a certified copy of the charter shall be filed with the division of local government and with the county clerk and recorder.
  2. This section shall also apply to an amendment or repeal of a charter.

Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-7.

30-11-508. Initiative, referendum, and recall.

Every charter shall contain procedures for the initiative and referendum of measures and for the recall of elected officers.

Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-8.

ANNOTATION

The equal protection clause of the fourteenth amendment to the U.S. Constitution does not command Colorado to grant the power of initiative to the electors of statutory counties simply because it has granted that power to the electors of home rule counties. Save Palisade FruitLands v. Todd, 279 F.3d 1204 (10th Cir. 2002).

30-11-509. Time limit on submission of similar proposals.

No proposal for a charter commission, charter amendment, or repeal of a charter shall be initiated within twelve months after rejection of a substantially similar proposal.

Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-9.

30-11-510. Publication requirements.

"Publish" or "publication" means one publication in one newspaper of general circulation in the county. If there is no such newspaper, publication shall be by posting in at least three public places within the county.

Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-10.

30-11-511. Board of county commissioners - home rule counties.

A home rule county shall provide all mandatory county functions, services, and facilities and shall exercise all mandatory powers required by statute. A home rule county may provide such permissive functions, services, and facilities and may exercise such permissive powers as authorized by statute applicable to nonhome rule counties, except as may be otherwise prohibited or limited by the county charter or the constitution of Colorado. Any power, function, service, or facility vested by statute in a particular county officer, agency, or board, including a board of county commissioners, may be exercised or performed within a home rule county by such county officer, agency, or board or by any other county officer, agency, or board designated in the home rule charter. For home rule counties, the term "board of county commissioners" means the governing body of the county designated by the county.

Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-11. L. 76: Entire section R&RE, p. 693, § 1, effective March 16.

30-11-512. Finality.

No proceeding contesting the adoption of a charter, charter amendment, or repeal thereof shall be brought unless commenced within one hundred eighty days after the election adopting the measure.

Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-12.

30-11-513. Officers.

Officers of a home rule county shall be appointed or elected as provided for in the charter; the terms of office and qualifications of such officers shall also be provided for in the charter; however, the duties of such officers shall be as provided by statute. The charter shall designate the officers who shall respectively perform the acts and duties required of county officers by statute. No elected official shall receive any increase or decrease in compensation under any resolution passed during the term for which he was elected.

Source: L. 71: p. 353, § 1. C.R.S. 1963: § 36-28-13.

PART 6 TELECOMMUNICATIONS RESEARCH FACILITIES OF THE UNITED STATES

30-11-601. Short title.

This part 6 shall be known and may be cited as the "Telecommunications Research Facilities of the United States Protection Act of 1969".

Source: L. 69: p. 235, § 1. C.R.S. 1963: § 36-26-1.

30-11-602. Legislative declaration.

  1. The general assembly hereby declares that it is the purpose of this part 6 to assist in promoting and protecting telecommunications research facilities of the United States which are located within the state of Colorado.
  2. Specifically, it is the purpose of this part 6 to:
    1. Avoid undue interferences caused by emanation of electrical impulses from electrical equipment functioning in the area surrounding telecommunications research facilities of the United States;
    2. Promote the public interest by encouraging economic improvement and development of this state, and further, to promote educational and scientific research within this state;
    3. Encourage the continued operational capability of telecommunications research facilities of the United States in areas of this state, which, in turn, will encourage and contribute to the economic improvement and development of the state and will promote educational and scientific research within this state.

Source: L. 69: p. 235, § 1. C.R.S. 1963: § 36-26-2.

30-11-603. Definitions.

As used in this part 6, unless the context otherwise requires:

  1. "Expressways" or "major arterials" means those rights-of-way used primarily for fast or heavy traffic; and "collector streets" means those rights-of-way which have four lanes or more of moving traffic which carry traffic from local streets to the system of major arterials and highways and move traffic to parks, schools, and shopping centers serving residential neighborhoods.
  2. "Governing body" means a city council, a board of trustees of a town, or a board of county commissioners.
  3. "Planning commission" means the regional planning commission, county planning commission, district planning commission, or zoning commission, as the case may be, which has the responsibility of preparing plans for zoning or the making or adopting of plans for the physical development of the unincorporated and incorporated territory located within a distance of two miles from the perimeter of any telecommunications research facility of the United States.
  4. "Telecommunications research facility of the United States" means a site presently owned by the United States in this state consisting of not less than fifteen hundred contiguous acres in area and having located thereon technical electronic facilities of a value of more than five million dollars operated by an agency of the United States, and which technical electronic facilities are principally utilized in a program of scientific research in telecommunications and related atmospheric science, involving highly sensitive reception, observation, measurement, and recording of radio waves from distant emanation of experimental signals, radio astronomical sources, or electromagnetic phenomena of the atmosphere or ionosphere.

Source: L. 69: p. 236, § 1. C.R.S. 1963: § 36-26-3.

Cross references: For definitions applicable to this article, see § 30-26-301 (2)(d).

30-11-604. Scope of part 6.

Nothing in this part 6 shall be construed to change any zoning or restrict or limit any land use in effect on and after April 23, 1969, within a city, town, or a county in which a telecommunications research facility of the United States is wholly or partially located.

Source: L. 69: p. 236, § 1. C.R.S. 1963: § 36-26-4.

30-11-605. Powers and duties of governing bodies, planning commissions, and boards of adjustment.

  1. Upon being requested to do so by an agency of the United States, the governing body shall determine if any telecommunications research facility of the United States is located wholly or partially within its jurisdiction. If such determination results in a finding that such a facility is so located, the planning commission, the board of adjustment, and the governing body shall, from and after April 23, 1969, be bound by the following: When considering any request for rezoning, exceptions to or variances from the terms of zoning regulations, or changed or additional uses of land within a distance of two miles from the perimeter of any telecommunications research facility of the United States, the planning commission, the board of adjustment, and the governing body shall consider, in a like manner as those criteria set forth in sections 30-28-115 and 31-23-303, C.R.S., and other criteria applied to the consideration of requests for rezoning, exceptions to or variances from zoning regulations, or changed or additional uses of land, any data presented as to the effect that development made pursuant to such request will have on such telecommunications research facility of the United States, including what interference may be caused to said facility by the emanation of electrical impulses from electrical equipment that may be installed if such request is approved.
  2. If approval for any request for rezoning to a zoning district, for an exception to or variance from the terms of any zoning regulation, or for a changed or additional use of land, which will permit hospitals, industrial, business, or commercial uses is sought within a distance of two miles from the perimeter of any telecommunications research facility of the United States, the planning commission, the board of adjustment, and the governing body may request reasonable information regarding the proposed use to be made from the applicant submitting the request for approval, including, but not limited to, a summary of the kinds of industrial electrical equipment expected to be installed on such property if the approval being sought is given.
  3. Within a distance of two miles from the perimeter of any telecommunications research facility of the United States, any approval of a subdivision plat in a residential zoning district and any approval for rezoning from existing districts to other districts that may exist or be created by the zoning resolution of any city, town, or county in which a telecommunications research facility of the United States is located shall be granted only if the covenants set forth in paragraphs (a) to (e) of subsection (4) of this section are included in the subdivision plat or as part of the rezoning request, which covenants shall be filed for recording with the county clerk and recorder following approval by the governing body; but said governing body may, under reasonable circumstances, waive the application of any one or more of said covenants with respect to all or any part of the affected land. The requirements set forth in this subsection (3) shall not apply to the approval of subdivision plats in single-family residential zoning districts where the minimum lot area permitted is one acre or more if the subdivision plat is approved, to requests for rezoning to single-family residential zoning districts in which the minimum lot area on unsubdivided land will be one acre or more if the rezoning request is approved, or to requests for rezoning to forestry or agricultural districts.
  4. The covenants referred to in subsection (3) of this section are as follows:
    1. All electrical distribution lines and service lines and all telephone lines shall be placed underground.
    2. No neon signs of any kind shall be permitted on any part of the property.
    3. No electrical fences shall be erected on any part of the property.
    4. All street lights shall be shielded so as to minimize upward illumination.
    5. No arc welding equipment or remote control garage door openers which employ a radiating type of receiver shall be installed or operated from a permanent location on the property.
  5. No expressways or major arterials shall be authorized or constructed within a distance of one mile from the perimeter of any telecommunications research facility of the United States and, unless the governing body specifically makes an exception therefor, no collector streets shall be authorized or constructed within a distance of one mile from the perimeter of any telecommunications research facility of the United States.
  6. The limitations of this part 6 shall be incorporated in any zoning resolution, building code resolution, or both, in any city, town, or county in which a telecommunications research facility of the United States is located, and each such city, town, or county shall enforce the same as provided by law.
  7. The governing body shall determine, with the assistance of a surveyor, if necessary, the boundaries of lands located in such city, town, or county, or both, as the case may be, affected by the limitations imposed by this part 6 and shall record such boundaries in the office of the county clerk and recorder of said county.

Source: L. 69: p. 236, § 1. C.R.S. 1963: § 36-26-5. L. 75: (1) amended, p. 1271, § 9, effective May 1.

ARTICLE 12 LOCAL ACCESS TO HEALTH CARE PILOT PROGRAM

30-12-101 to 30-12-107. (Repealed)

Editor's note:

  1. This article 12 was added in 2007. For amendments to this article 12 prior to its repeal in 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
  2. Section 30-12-107 (3) provided for the repeal of this article 12, effective July 1, 2017. (See L. 2012, p. 479 .)

ARTICLE 15 REGULATION UNDER POLICE POWER

Cross references: For definitions applicable to this article, see § 30-26-301 (2)(d).

Section

PART 1 CONTROL AND LICENSING OF PET ANIMALS

PART 2 CAMPFIRES - EXTINGUISHING

PART 3 UNINCORPORATED AREAS - DISCHARGE OF FIREARMS PROHIBITED

PART 4 GENERAL REGULATIONS

PART 5 DANCE HALLS

PART 1 CONTROL AND LICENSING OF PET ANIMALS

Editor's note: This article was numbered as article 12 of chapter 36, C.R.S. 1963. The substantive provisions of this part 1 were repealed and reenacted in 1977, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 1 prior to 1977, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

30-15-101. Pet animal control and licensing.

    1. The board of county commissioners of any county may adopt a resolution for the control and licensing of dogs and other pet animals as provided in this part 1. The resolution may:
      1. Require licensing of dogs and other pet animals by owners and impose reasonable conditions and fees on the same. No registration permit or license shall be issued by any board of county commissioners unless and until the owner of a dog, cat, or ferret exhibits to the board or designated official a valid rabies vaccination certificate indicating the dog, cat, or ferret has been vaccinated against rabies by a licensed veterinarian. The county pet animal control resolution may exempt dogs, cats, or ferrets below a specified age from licensing and registration or vaccination requirements, or both; except that the recommendations of the department of public health and environment shall be followed concerning the minimum age for the vaccination.
      2. Require that dogs and other pet animals be under control at all times and define "control", which may vary from time to time, place to place, and animal to animal;
      3. Define "vicious dog" and "vicious animal";
      4. Establish a dog pound, or other animal holding facility, and engage personnel to operate it and otherwise to enforce the county dog control resolution or any other resolution concerning the control of pet animals;
      5. Provide for the impoundment of animals which are vicious, not under control, or otherwise not in conformity with the resolutions;
      6. Establish terms and conditions for the release or other disposition of impounded animals;
      7. Establish such other reasonable regulations and restrictions for the control of dogs and other pet animals as the board of county commissioners may deem necessary.
    2. The control provisions of such resolution, as provided in subparagraph (II) of paragraph (a) of this subsection (1), shall not apply to dogs while actually working livestock, locating or retrieving wild game in season for a licensed hunter, or assisting law enforcement officers or while actually being trained for any of these pursuits.
  2. In order to implement the provisions of this section, any county or municipality may enter into an intergovernmental agreement pursuant to the provisions of part 2 of article 1 of title 29, C.R.S., to provide for the control, licensing, impounding, or disposition of dogs or other pet animals or to provide for the accomplishment of any other aspect of a county or municipal dog control or pet animal control licensing resolution or ordinance.
  3. For purposes of this part 1, "pet animal" means and includes any animal owned or kept by a person for companionship or protection or for sale to others for such purposes. Except as otherwise provided in this subsection (3), "pet animal" does not include wildlife, livestock used for any purpose or which is estray as defined in section 35-44-101, C.R.S., or animals which are owned or bought and sold through the efforts of those that are licensed, inspected, or both, by the United States Department of Agriculture, the Colorado department of agriculture, or both; however, nothing in this subsection (3) shall be construed to exempt such animals from county control regulations.

Source: L. 77: Entire part R&RE, p. 1443, § 1, effective July 7. L. 94: Entire section amended, p. 1239, § 10, effective May 22; (1)(a)(I) amended, p. 2799, § 556, effective July 1. L. 2005: IP(1)(a) and (1)(a)(I) amended, p. 773, § 55, effective June 1. L. 2014: IP(1)(a) and (1)(a)(I) amended, (HB 14-1313), ch. 368, p. 1758, § 1, effective August 6.

Editor's note:

  1. This section is similar to former §§ 30-15-101 and 30-15-102 as they existed prior to 1977.
  2. Amendments to this section by House Bill 94-1137 and House Bill 94-1029 were harmonized.

30-15-102. Violations - penalties.

  1. Any violation of any provision of a county resolution adopted pursuant to this part 1 not involving bodily injury to any person shall be a class 2 petty offense, and, notwithstanding the provisions of section 18-1.3-503, C.R.S., punishable, upon conviction, by a fine of not more than one thousand dollars pursuant to section 30-15-402 (1), or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment for each separate offense. If authorized by the county resolution, the penalty assessment procedure provided in section 16-2-201, C.R.S., may be followed by an animal control officer or any arresting law enforcement officer for any such violation. As part of said county resolution authorizing the penalty assessment procedure, the board of county commissioners may adopt a graduated fine schedule for violations of said resolution not involving bodily injury to any person. Such graduated fine schedule may provide for increased penalty assessments for repeat offenses by the same individual.