ARTICLE 1 ADMINISTRATIVE ORGANIZATION ACT OF 1968

Section

24-1.5-101. Legislative declaration.

The general assembly hereby finds and declares that the proliferation of type 1 agencies in state government has increased the number of state government programs through the adoption of administrative rules and regulations and that the level of accountability within each principal department of state government has decreased due to the independence of the type 1 agencies. The general assembly therefore adopts this article in order to evaluate existing type 1 agencies and to determine whether agencies created in the future should be so designated.

Source: L. 90: Entire article added, p. 1177, § 1, effective May 24.

24-1.5-102. State administrative organization board - creation - duties.

1. There is hereby created the state administrative organization board, referred to in this article as the "board", to be comprised of eleven members. Two members of the board shall be appointed by the speaker of the house of representatives, one of whom shall be a member of the general assembly. One member shall be appointed by the minority leader of the house of representatives and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the speaker shall not be a member of the general assembly and shall not be a state government employee. Two members of the board shall be appointed by the president of the senate, one of whom shall be a member of the senate. One member shall be appointed by the minority leader of the senate and shall not be a member of the general assembly and shall not be a state government employee. The other member appointed by the president shall not be a member of the general assembly and shall not be a state government employee. Five members of the board shall be appointed by the governor, three of whom shall not be members of the general assembly or state government employees.
2. The board shall develop a procedure to systematically and regularly review the functions and duties of all type 1 agencies in accordance with a schedule that the board shall devise. The board shall establish criteria for type 1 agencies to determine whether all existing type 1 agencies should continue as type 1 agencies and to evaluate the designation of proposed new type 1 agencies.
3. The board shall select a chairman from among its members, and it shall meet as often as necessary to carry out the duties specified in this section.

Source: L. 90: Entire article added, p. 1177, § 1, effective May 24. L. 96: (2) and (3) amended, p. 1271, § 203, effective August 7.

Cross references: For the legislative declaration contained in the 1996 act amending subsections (2) and (3), see section 1 of chapter 237, Session Laws of Colorado 1996.

24-1.7-101. Legislative declaration.

The general assembly hereby declares its support for local flexibility in the planning and delivery of health and human services and states its intent to foster continuing coordination, communication, and collaboration at the local level. The general assembly further states its support for local decisions to utilize people and resources at the local level in a more efficient, effective, and economical manner through consolidation of local advisory boards. The general assembly further declares its intent to streamline local planning and community input mechanisms.

Source: L. 97: Entire article R&RE, p. 1181, § 1, effective July 1.

Editor's note: This section is similar to former §§ 24-1.7-101 and 24-1.7-401 as they existed prior to 1997.

24-1.7-102. Local health and human services advisory boards - creation - functions.

1. In order to accomplish the intent of prior legislation on human services delivery that there be an ongoing process or forum for continued coordination and collaboration at the local level concerning the delivery of human services, this article authorizes the creation of local health and human services advisory boards. A local health and human services advisory board may serve a single county, two or more counties jointly, one or more judicial districts, or other service areas. Members of an advisory board shall be appointed by the governing body or bodies of the counties included. Membership shall be locally determined and shall include appropriate geographic, ethnic, and cultural representation and representation from the public and from consumers of services. Membership shall also include persons who have program expertise for the types of programs the advisory board advises.
2. In addition to, in combination with, or in lieu of creating a local health and human services advisory board, a county, judicial district, or other service area may elect to consolidate its advisory board with that of one or more other counties, judicial districts, or service areas as specified in section 24-1.7-103.

Source: L. 97: Entire article R&RE, p. 1181, § 1, effective July 1.

Editor's note: This section is similar to former §§ 24-1.7-201 and 24-1.7-402 to 24-1.7-404 as they existed prior to 1997.

24-1.7-103. Consolidation of local boards - process - requirements.

1. The general assembly hereby finds that there are many advisory types of boards in the human services delivery system that have similar functions and purposes and have members with similar qualifications and expertise. The general assembly finds that greater efficiency and flexibility would be achieved by allowing counties, judicial districts, and other service areas to combine and consolidate some or all of these boards into one board that serves as a broad-based local planning group and carries out all of the functions and responsibilities of the previous boards through a consolidated board.
2. Any combination of the following boards or groups may be consolidated into a single advisory board:
   1. Placement alternatives commissions, created pursuant to section 19-1-116 (2)(a), C.R.S.;
   2. Juvenile community review boards, as defined in section 19-2.5-102 and described in section 19-2.5-1402;
   3. Local juvenile services planning committees, created pursuant to section 19-2.5-302;
   4. Child protection teams, if such a team is created pursuant to section 19-3-308 (6)(a);
   5. Family preservation commissions, established pursuant to section 26-5.5-106, C.R.S.;
   6. A local health and human services advisory board, created pursuant to section 24-1.7-102.
3. The consolidation of, and appointments to, local boards or groups that have different appointing authorities set in statute, are subject to the agreement of each appointing authority. Each of the separate functions and responsibilities of each board or group as specified in statute must continue to be met by the consolidated board.

Source: L. 97: Entire article R&RE, p. 1182, § 1, effective July 1. L. 2017: (2)(d) amended, (SB 17-016), ch. 107, p. 392, § 5, effective August 9. L. 2021: (2)(b) and (2)(c) amended, (SB 21-059), ch. 136, p. 742, § 105, effective October 1.

Editor's note: This section is similar to former § 24-1.7-103 as it existed prior to 1997.

24-1.9-101. Legislative declaration.

1. The general assembly hereby finds that children and families often benefit from treatment and services that involve multiple agencies, divisions, units, and sections of departments at the state and county level.
2. The general assembly further finds that the development of a uniform system of collaborative management is necessary for agencies at the state and county levels to effectively and efficiently collaborate to share resources or to manage and integrate the treatment and services provided to children and families who would benefit from multi-agency services.
3. 1. The development of a more uniform system of collaborative management that includes the input, expertise, and active participation of parent advocacy or family advocacy organizations may reduce duplication and eliminate fragmentation of services; increase the quality, appropriateness, and effectiveness of services provided; encourage cost sharing among service providers; and ultimately lead to better outcomes and cost-reduction for the services provided to children and families in the state of Colorado.
   2. In addition, the general fund moneys saved through utilizing a collaborative approach and consolidating various sources of agency funding will allow for reinvestment of these moneys by the agencies participating in the systems of collaborative management to provide appropriate support to children and families who would benefit from collaborative management of treatment and services.
4. The general assembly therefore finds that because a collaborative approach may lead to the provision of more appropriate and effective delivery of services to children and families and may ultimately allow the agencies providing treatment and services to provide appropriate services to children and families within existing consolidated resources, it is in the best interests of the state of Colorado to establish systems of collaborative management of multi-agency services provided to children and families.

Source: L. 2004: Entire article added, p. 1547, § 1, effective May 28. L. 2015: (1), (2), and (3)(a) amended, (SB 15-241), ch. 140, p. 425, § 1, effective May 1.

24-1.9-102. Memorandum of understanding - local-level interagency oversight groups - individualized service and support teams - coordination of services for children and families - requirements - waiver.

1. 1. Local representatives of each of the agencies specified in this subsection (1)(a) and county departments of human or social services may enter into memorandums of understanding that are designed to promote a collaborative system of local-level interagency oversight groups and individualized service and support teams to coordinate and manage the provision of services to children and families who would benefit from integrated multi-agency services. The memorandums of understanding entered into pursuant to this subsection (1) must be between interested county departments of human or social services and local representatives of each of the following agencies or entities:
      1. The local judicial districts, including probation services;
      2. The health department, whether a county or district public health agency;
      3. The local school district or school districts;
      4. Each community mental health center;
      5. Each behavioral health organization;
      6. The division of youth services;
      7. A designated managed service organization for the provision of treatment services for alcohol and drug abuse pursuant to section 27-80-107, C.R.S.; and
      8. A domestic abuse program as defined in section 26-7.5-102, C.R.S., if representation from such a program is available.
   2. In addition to the parties specified in paragraph (a) of this subsection (1), the memorandums of understanding entered into pursuant to this subsection (1) may include family resource centers created pursuant to article 18 of title 26, C.R.S.
   3. The general assembly strongly encourages the agencies specified in paragraphs (a) and (a.5) of this subsection (1) to enter into memorandums of understanding that are regional.
   4. Notwithstanding the provisions of subsection (1)(b) of this section, the agencies specified in subsections (1)(a) and (1)(a.5) of this section may enter into memorandums of understanding involving only one or more county departments of human or social services, not necessarily by region, as may be appropriate to ensure the effectiveness of local-level interagency oversight groups and individualized service and support teams in the county or counties.
   5. In developing the memorandums of understanding, the general assembly strongly encourages the parties to the memorandums of understanding to seek input, support, and collaboration from key stakeholders in the private and nonprofit sector, as well as parent advocacy or family advocacy organizations that represent family members or caregivers of children who would benefit from multi-agency services.
   6. Nothing precludes the agencies specified in subsections (1)(a) and (1)(a.5) of this section from including parties in addition to the agencies specified in subsections (1)(a) and (1)(a.5) of this section in the memorandums of understanding developed for purposes of this section, and which may include the local juvenile services planning committee as described in section 19-2.5-302.

   (1.5) The department of human services shall ensure a uniform system of collaborative management that results in statewide consistency with respect to the requirements for program memorandums of understanding pursuant to this article.

2. 1. Each memorandum of understanding entered into shall include, but is not limited to, the requirements specified in paragraphs (b) to (j) of this subsection (2). On or before October 1, 2004, utilizing moneys in the performance incentive cash fund created in section 26-5-105.5 (3.2)(a), C.R.S., the state department of human services, in conjunction with the judicial department, shall develop and make available to the parties specified in paragraph (a) of subsection (1) of this section, a model memorandum of understanding based on the requirements specified in paragraphs (b) to (j) of this subsection (2).
   2. Identification of services and funding sources. The memorandum of understanding must specify the legal responsibilities and funding sources of each party to the memorandum of understanding as those responsibilities and funding sources relate to children and families who would benefit from integrated multi-agency services, including the identification of the specific services that may be provided. Specific services that may be provided may include, but are not limited to: Prevention, intervention, and treatment services; family preservation services; family stabilization services; out-of-home placement services; services for children at imminent risk of out-of-home placement; probation services; services for children with behavioral or mental health disorders; public assistance services; medical assistance services; child welfare services; and any additional services the parties deem necessary to identify.
   3. Definition of the population to be served. The memorandum of understanding must include a functional definition of "children and families who would benefit from integrated multi-agency services". The collaborative management program target population consists of at-risk children and youth from birth to twenty-one years of age, or families of children or youth, who would benefit from a multi-system integrated service plan that may include prevention, intervention, and treatment services.
   4. Creation of an oversight group. The memorandum of understanding shall create a local-level interagency oversight group and identify the oversight group's membership requirements, procedures for selection of officers, procedures for resolving disputes by a majority vote of those members authorized to vote, and procedures for establishing any necessary subcommittees of the interagency oversight group. Each interagency oversight group shall include a local representative of each party to the memorandum of understanding specified in paragraphs (a) and (a.5) of subsection (1) of this section, each of whom shall be a voting member of the interagency oversight group. In addition, the interagency oversight group may include, but is not limited to, the following advisory nonvoting members:
      1. Representatives of interested local private sector entities; and
      2. Family members or caregivers of children who would benefit from integrated multi-agency services or current or previous consumers of integrated multi-agency services.
   5. Establishment of collaborative management processes. The memorandum of understanding shall require the interagency oversight group to establish collaborative management processes to be utilized by individualized service and support teams authorized pursuant to paragraph (f) of this subsection (2) when providing services to children and families served by the parties to the memorandum of understanding. The collaborative management processes required to be established by the interagency oversight group shall address risk-sharing, resource-pooling, performance expectations, outcome-monitoring, and staff-training, and shall be designed to do the following:
      1. Reduce duplication and eliminate fragmentation of services provided to children or families who would benefit from integrated multi-agency services;
      2. Increase the quality, appropriateness, and effectiveness of services delivered to children or families who would benefit from integrated multi-agency services to achieve better outcomes for these children and families; and
      3. Encourage cost sharing among service providers.
   6. Authorization to create individualized service and support teams. The memorandum of understanding shall include authorization for the interagency oversight group to establish individualized service and support teams to develop a service and support plan and to provide services to children and families who would benefit from integrated multi-agency services.
   7. Authorization to contribute resources and funding. The memorandum of understanding shall specify that each party to the memorandum of understanding has the authority to contribute time, resources, and funding to solve problems identified by the local-level interagency oversight group in order to create a seamless, collaborative system of delivering multi-agency services to children and families, upon approval by the head or director of each agency or department specified in paragraphs (a) and (a.5) of subsection (1) of this section.
   8. Reinvestment of money saved to serve additional children and families. The memorandum of understanding must require the interagency oversight group to create a procedure, subject to approval by the head or director of each agency or department specified in subsections (1)(a) and (1)(a.5) of this section, to allow any money resulting from waivers granted by the federal government, any local funds, and any state general fund money appropriated to the program to be used to provide services to children and families who would benefit from integrated multi-agency services, as the population is defined by the memorandum of understanding pursuant to subsection (2)(c) of this section.
   9. Performance-based measures. The department of human services and the persons specified in section 24-1.9-103 (2)(b) shall develop performance measures for the system of collaborative management, which measures may be modified biennially to ensure that the measures remain valid. The memorandum of understanding must identify performance measures developed pursuant to this paragraph (i). If the parties to the memorandum of understanding meet the identified performance measures, the memorandum of understanding must require the interagency oversight group to create a procedure, subject to the approval of the head or director of each agency or department specified in paragraphs (a) and (a.5) of subsection (1) of this section, to allow any incentive moneys received by the department of human services and allocated pursuant to section 24-1.9-104 to be reinvested by the parties to the memorandum of understanding to provide appropriate services to children and families who would benefit from integrated multi-agency services, as such population is defined by the memorandum of understanding pursuant to paragraph (c) of this subsection (2). The parties to a memorandum of understanding shall report annually to the department of human services on the performance measures identified in the parties' memorandum of understanding pursuant to this paragraph (i).
   10. Confidentiality compliance. The memorandum of understanding shall include a provision specifying that state and federal law concerning confidentiality shall be followed and that records used or developed by the interagency oversight group or its members or the individualized service and support teams that relate to a particular person are to be kept confidential and may not be released to any other person or agency except as provided by law.
3. Each department or division, section, unit, or agency within a department that is a party to the memorandum of understanding shall enter into the memorandum of understanding and all revisions to the memorandum. Revisions to the memorandum shall be developed as necessary to reflect department reorganizations or statutory changes affecting the departments that are parties to the memorandum.
4. The departments and agencies that provide oversight to the parties to the memorandum of understanding specified in paragraphs (a) and (a.5) of subsection (1) of this section are authorized to issue waivers of any rules to which the departments and agencies are subject and that would prevent the departments from effective implementation of the memorandums of understanding; however, the departments and agencies are prohibited from waiving a rule in violation of federal law or that would compromise the safety of a child.

Source: L. 2004: Entire article added, p. 1548, § 1, effective May 28. L. 2008: IP(1)(a), (1)(a)(IV), (1)(a)(V), and (2)(h) amended and (1)(a)(VI) and (1)(a)(VII) added, p. 1529, § 1, effective May 28. L. 2009: (1)(a)(VI) and (1)(a)(VII) amended and (1)(a)(VIII) added, (HB 09-1007), ch. 32, p. 137, § 1, effective August 5. L. 2010: (1)(a)(VII) amended, (SB 10-175), ch. 188, p. 795, § 51, effective April 29; (1), (2)(b), (2)(d), (2)(g), (2)(h)(I), (2)(i), and (4) amended, (SB 10-007), ch. 148, p. 510, § 2, effective August 11; (1)(a)(II) amended, (HB 10-1422), ch. 419, p. 2081, § 59, effective August 11. L. 2015: (1.5) added and (2)(c), (2)(h)(I), and (2)(i) amended, (SB 15-241), ch. 140, p. 426, § 2, effective May 1. L. 2017: (2)(b) amended, (SB 17-242), ch. 263, p. 1320, § 176, effective May 25; IP(1)(a) and (1)(a)(VI) amended, (HB 17-1329), ch. 381, p. 1981, § 51, effective June 6. L. 2018: (1)(e) amended, (SB 18-154), ch. 161, p. 1125, § 3, effective April 25; (2)(h) amended, (SB 18-254), ch. 216, p. 1373, § 2, effective May 18; IP(1)(a) and (1)(c) amended, (SB 18-092), ch. 38, p. 439, § 94, effective August 8. L. 2021: (1)(e) amended, (SB 21-059), ch. 136, p. 742, § 106, effective October 1.

Editor's note: Amendments to subsection (1)(a)(II) by House Bill 10-1422 and Senate Bill 10-007 were harmonized. Amendments to subsection (1)(a)(VII) by Senate Bill 10-007 and Senate Bill 10-175 were harmonized.

Cross references: (1) For the legislative declaration in the 2010 act amending subsections (1), (2)(b), (2)(d), (2)(g), (2)(h)(I), (2)(i), and (4), see section 1 of chapter 148, Session Laws of Colorado 2010.

(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

(3) For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

24-1.9-102.5. Evaluation.

The department of human services shall ensure that an annual external evaluation of the statewide program and each county or regional program is conducted by an independent outside entity. The department may contract with the outside entity to conduct an external evaluation of those counties that opted not to participate in the collaborative management program. The department of human services shall utilize moneys in the performance-based collaborative management incentive cash fund created in section 24-1.9-104, or any general fund moneys appropriated for this purpose, for annual external evaluations of the counties participating in memorandums of understanding pursuant to section 24-1.9-102, also known as the collaborative management program, as well as external evaluations as determined by the department of human services of those counties that opted to not participate in the collaborative management program. The annual external evaluation must include any evaluation that may be required in connection with a waiver authorized pursuant to section 24-1.9-102 (4) and an evaluation of whether the parties to a collaborative management program have successfully met or exceeded the performance measures identified in the parties' memorandum of understanding pursuant to section 24-1.9-102 (2)(i). Each county participating in the collaborative management program shall participate fully in the annual external evaluation.

Source: L. 2008: Entire section added, p. 1530, § 2, effective May 28. L. 2010: Entire section amended, (SB 10-007), ch. 148, p. 512, § 3, effective August 11. L. 2015: Entire section amended, (SB 15-241), ch. 140, p. 427, § 3, effective May 1.

Cross references: For the legislative declaration in the 2010 act amending this section, see section 1 of chapter 148, Session Laws of Colorado 2010.

24-1.9-102.7. Technical assistance.

The department of human services shall develop and implement training for counties participating in or interested in participating in the collaborative management program. The department of human services shall utilize moneys in the performance-based collaborative management incentive cash fund created in section 24-1.9-104, or any general fund moneys appropriated for this purpose, to develop and implement training for counties. The training shall identify management strategies to collaborate effectively and efficiently to share resources or to manage and integrate the treatment and services provided to children and families receiving collaborative management services pursuant to this article.

Source: L. 2008: Entire section added, p. 1530, § 2, effective May 28. L. 2015: Entire section amended, (SB 15-241), ch. 140, p. 427, § 4, effective May 1.

24-1.9-103. Reports - executive director review.

1. Commencing January 1, 2007, and on or before each January 1 thereafter, each interagency oversight group shall provide a report to the executive director of each department and agency that is a party to any memorandum of understanding entered into that includes:
   1. The number of children and families served through the local-level individualized service and support teams and the outcomes of the services provided, including a description of any reduction in duplication or fragmentation of services provided and a description of any significant improvement in outcomes for children and families;
   2. A description of estimated costs of implementing the collaborative management approach and any estimated cost-shifting or cost-savings that may have occurred by collaboratively managing the multi-agency services provided through the individualized service and support teams;
   3. An accounting of moneys that were reinvested in additional services provided to children or families who would benefit from integrated multi-agency services due to cost-savings that may have resulted or due to meeting or exceeding performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i);
   4. A description of any identified barriers to the ability of the state and county to provide effective services to persons who received multi-agency services; and
   5. Any other information relevant to improving the delivery of services to persons who would benefit from multi-agency services.
2. 1. Utilizing the reports created pursuant to subsection (1) of this section, the persons specified in paragraph (b) of this subsection (2) shall meet at least annually with the governor, or his or her designee, to review the activities and progress of counties and agencies engaged in collaborative management of multi-agency services provided to children and families. The purpose of the meeting shall be to identify barriers encountered in collaborative management development or implementation or reinvestment of moneys and to discuss and effectuate solutions to these barriers to achieve greater efficiencies and better outcomes for the state, for local communities, and for persons who would benefit from multi-agency services.
   2. The following persons or their designees shall attend the annual meeting required pursuant to subsection (2)(a) of this section:
      1. The commissioner of education;
      2. A superintendent of a school district that has entered into a memorandum of understanding and has met or exceeded the performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i), as such superintendent is selected by the commissioner of education;
      3. A director of a county department of human or social services that has entered into a memorandum of understanding and has met or exceeded the performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i), as such director is selected by the executive director of the state department of human services;
      4. The executive director of the department of health care policy and financing;
      5. The executive director of the department of human services;
      6. A director of a local mental health center that has entered into a memorandum of understanding and has met or exceeded the performance measures identified in the memorandum of understanding pursuant to section 24-1.9-102 (2)(i), as such director is selected by the executive director of the department of human services;
      7. A representative from a statewide parent advocacy or family advocacy organization who participated in the development of a memorandum of understanding, as such representative is selected by a director of a county department of human or social services chosen by the state department of human services;
      8. The executive director of the department of public health and environment; and
      9. The chief justice of the Colorado supreme court.

Source: L. 2004: Entire article added, p. 1552, § 1, effective May 28. L. 2015: (1)(c), (2)(b)(II), (2)(b)(III), and (2)(b)(VI) amended, (SB 15-241), ch. 140, p. 428, § 5, effective May 1. L. 2018: IP(2)(b), (2)(b)(III), and (2)(b)(VII) amended, (SB 18-092), ch. 38, p. 439, § 95, effective August 8.

Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

24-1.9-104. Cash fund - creation - grants, gifts, and donations.

1. On July 1, 2005, there shall be created in the state treasury the performance-based collaborative management incentive cash fund, which shall be referred to in this section as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly to the department of human services for state fiscal year 2005-06 and each fiscal year thereafter. The fund shall consist of moneys received from docket fees in civil actions and transferred as specified in section 13-32-101 (5)(a)(II), C.R.S.
2. The executive director of the department of human services is authorized to accept and expend on behalf of the state any grants, gifts, or donations from any private or public source for the purposes of this section. All private and public funds received through grants, gifts, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund in addition to moneys credited pursuant to subsection (1) of this section and any moneys that may be appropriated to the fund directly by the general assembly. All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund of the state or any other fund at the end of any fiscal year.

   (2.5) Notwithstanding any provision of this section to the contrary, on June 1, 2009, the state treasurer shall deduct three hundred thousand dollars from the fund and transfer such sum to the general fund.

3. 1. On and after July 1, 2005, the executive director of the department of human services shall allocate the moneys in the fund, and any general fund moneys appropriated for this purpose, to provide incentives to parties to a memorandum of understanding who have agreed to performance-based collaborative management pursuant to section 24-1.9-102 (2)(i) and who, based upon the annual report to the department of human services pursuant to section 24-1.9-102 (2)(i), have successfully met or exceeded the performance measures identified in the parties' memorandum of understanding pursuant to section 24-1.9-102 (2)(i). The incentives shall be used to provide services to children and families who would benefit from integrated multi-agency services, as such population is defined by the memorandum of understanding pursuant to section 24-1.9-102 (2)(c).
   2. On and after July 1, 2008, the executive director of the department of human services is authorized to allocate moneys in the fund, and any general fund moneys appropriated for this purpose, to be used to cover the direct and indirect costs of the external evaluation of the performance-based collaborative management program described in section 24-1.9-102 and the technical assistance and training for counties as described in section 24-1.9-102.7.
   3. For purposes of allocating incentive moneys pursuant to this subsection (3), the executive director of the department of human services shall submit an accounting of moneys in the fund available for incentives, and any general fund moneys appropriated for this purpose, and a proposal for the allocation of incentive moneys to the state board of human services for review and approval prior to the allocation of the moneys. The state board of human services shall approve the proposal not later than thirty days after receipt of the proposal from the executive director of the department of human services.

Source: L. 2004: Entire article added, p. 1554, § 1, effective May 28. L. 2008: (3)(a.5) added, p. 1531, § 3, effective May 28. L. 2009: (2.5) added, (SB 09-279), ch. 367, p. 1926, § 7, effective June 1. L. 2011: (1) amended, (HB 11-1303), ch. 264, p. 1164, § 54, effective August 10. L. 2015: (3) amended, (SB 15-241), ch. 140, p. 428, § 6, effective May 1; (1) amended, (SB 15-264), ch. 259, p. 958, § 60, effective August 5.

24-2-101. Application.

The provisions of this article, parts 2 and 11 of article 30, and articles 31, 35, and 36 of this title shall not be construed to apply to the judiciary nor the legislature, except when expressly specified.

Source: L. 41: p. 35, § 2. CSA: C. 3, § 2. CRS 53: § 3-1-2. C.R.S. 1963: § 3-1-2. L. 68: p. 138, § 175. L. 2001: Entire section amended, p. 1273, § 29, effective June 5.

24-2-102. Appointment of officers and employees.

1. Except as otherwise provided by law, such officers and employees as may be necessary in each principal department or institution of higher education shall be appointed by the head of each such department or institution in conformity with section 13 of article XII of the constitution of the state and the laws enacted in accordance therewith.
2. The head of each principal department shall certify to the governor the number of officers and employees needed or required for the operation of his or her department for the ensuing twelve-month period in accordance with article 37 of this title.
3. If, after appointments have been made to any principal department, the governor is of the opinion that the appointed personnel of any such department is in excess of its needs, the governor may require the separation of any of said appointees if ten days' prior notice of the proposed action is given by the governor to the head of any such department affected and opportunity given to such head within said ten-day period to be heard as to the necessity for the retention of all or any of said appointees proposed to be separated. The decision of the governor after such hearing shall be final and conclusive.
4. If, during any fiscal period, there are not sufficient revenues available for expenditure during such period to carry on the functions of the state government and to support its agencies and institutions and such fact is made to appear to the governor, in the exercise of his discretion, by executive order, he may suspend or discontinue, in whole or in part, the functions or services of any department, board, bureau, or agency of the state government; except that the authority of the governor to restrict the expenditure of moneys appropriated from the capital construction fund shall be determined by the provisions of section 24-75-201.5. Such discontinuance or suspension shall become effective upon the first day of the calendar month following the entry of such executive order and shall continue for such period of time, not to exceed three months, as shall be determined by such executive order. If, during any such period of time, it again appears to the governor that such deficiency of revenues still persists, from time to time, he may extend the operation of such executive order for a like period of time not to exceed three months; but the state shall not be liable for the payment of any claim for salaries or expenses purporting to have accrued against any such department, board, bureau, or agency during any such period of suspension, and the controller shall not issue nor may the state treasurer honor any warrant therefor. Elective officers shall not be subject to the provisions of this article, parts 2 and 11 of article 30, and articles 31, 35, 36, and 101 to 111 of this title.

Source: L. 41: p. 37, § 5. CSA: C. 3, §§ 5, 6. CRS 53: § 3-1-5. C.R.S. 1963: § 3-1-4. L. 68: p. 137, § 171. L. 72: p. 182, §§ 2, 3. L. 81: (4) amended, p. 1286, § 4, effective January 1, 1982. L. 91: (4) amended, p. 805, § 2, effective July 1. L. 95: (4) amended, p. 1103, § 35, effective May 31. L. 99: (1) amended, p. 164, § 23, effective August 4. L. 2004: (1) and (2) amended, p. 1693, § 29, effective July 1, 2005.

Cross references: For power of the head of a principal department to discontinue divisions, sections, or units other than those created by law, see § 24-1-107.

24-2-103. Compensation of heads of departments and other officers and employees.

1. 1. Except as provided in paragraph (b) of this subsection (1), officers and employees of the state who are exempt from the state personnel system shall receive compensation as fixed by law. Any officer or employee who receives compensation as fixed by law shall not receive compensation or fees from more than one department or institution of higher education or in more than one capacity; except that the lieutenant governor may be compensated for any additional duties and functions relating to a department or institution of higher education as may be authorized by law.
   2. If the compensation of an officer or employee who is exempt from the state personnel system is not fixed by law, the officer's or employee's compensation shall be determined as follows:
      1. The governor shall determine the compensation for the head of each principal department, and the head of each principal department shall determine the compensation for officers and employees of the department.
      2. The governing board of each institution of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., shall determine the compensation for the head of the institution, and the head of each institution shall determine the compensation for officers and employees of the institution.
   3. Officers and employees in the state personnel system shall receive compensation pursuant to section 13 of article XII of the state constitution and the compensation system established by the state personnel director pursuant to article 50 of this title. Officers and employees in the state personnel system shall not receive compensation or fees from more than one department or institution of higher education except as permitted by rules adopted by the state personnel director in accordance with article 4 of this title that are consistent with the overtime provisions of section 24-50-104.5.
   4. Nothing in this subsection (1) shall prevent departments and institutions of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., from sharing personnel if the terms and conditions of the personnel sharing agreement are in writing and include a provision concerning the distribution of compensation.
2. Upon declaration of a fiscal emergency made pursuant to section 24-50-109.5 (1) and the subsequent imposition of mandatory furloughs or other measures to reduce personnel expenditures, such measures shall apply not only to state personnel system employees but shall be likewise imposed upon all other officers and employees of the executive branch, if exempt from the state personnel system, except as otherwise provided by law or prohibited by contract.

Source: L. 41: p. 39, § 6. CSA: C. 3, § 7. CRS 53: § 3-1-6. L. 61: p. 128, § 1. C.R.S. 1963: § 3-1-5. L. 68: p. 138, § 172. L. 73: p. 166, § 1. L. 83: Entire section amended, p. 848, § 1, effective May 31. L. 2004: (1) R&RE, p. 1536, § 1, effective May 28. L. 2011: (1)(a) amended, (HB 11-1155), ch. 90, p. 265, § 2, effective April 6. L. 2012: (1)(b)(II) and (1)(d) amended, (HB 12-1081), ch. 210, p. 903, § 4, effective August 8.

24-2-104. Bonds. (Repealed)

Source: L. 41: p. 39, § 7. CSA: C. 3, § 8. CRS 53: § 3-1-7. C.R.S. 1963: § 3-1-6. L. 68: p. 138, § 173. L. 2018: Entire section repealed, (HB 18-1140), ch. 41, p. 462, § 2, effective August 8.

Cross references: For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018.

24-2-105. Rules and regulations.

The head of each principal department is empowered, subject to the written approval of the governor, to prescribe rules and regulations, not inconsistent with law, for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto.

Source: L. 41: p. 39, § 8. CSA: C. 3, § 8. CRS 53: § 3-1-8. C.R.S. 1963: § 3-1-7. L. 68: p. 138, § 174.

Cross references: For rule-making procedures, see article 4 of this title.

24-2-106. Restriction of number of employees.

It is the duty of the governor as the supreme executive power of the state to restrict the number of employees in the various offices, boards, divisions, and agencies of the executive department to the lowest number required for efficient operation thereof. In making any appointment or in approving any appointment made by any other official of the executive department, the governor shall certify in writing that he deems such appointment necessary and for the best interests of the public service. In the exercise of his responsibility, the governor may delegate in writing to some other official the power to approve or disapprove appointments made by other officials of the executive department, subject always to final review by the governor at his option.

Source: L. 41: p. 51, § 10. CSA: C. 3, § 10. CRS 53: § 3-2-2. L. 63: p. 121, § 2. C.R.S. 1963: § 3-2-2.

24-2-107. Transfer of employees.

For the purpose of providing necessary flexibility to meet working conditions and seasonal demands, the governor has power, when he is of the opinion and so certifies in writing that it is necessary or desirable so to do, to transfer any employee of any office, board, division, or agency of the state government to any other office, board, division, or agency of the state government for such time as in the opinion of the governor is necessary.

Source: L. 41: p. 51, § 11. CSA: C. 3, § 11. CRS 53: § 3-2-3. L. 63: p. 121, § 3. C.R.S. 1963: § 3-2-3.

24-2-108. Departments to share information and mailings.

For the convenience of the citizens of this state and to promote economy in state government, it is the intent of the general assembly that all principal departments, when feasible and not contrary to federal or state law, shall share as much information as possible and, when reasonably feasible to do so, shall coordinate forms, both federal and state, and shall eliminate multiple mailings to addressees.

Source: L. 77: Entire section added, p. 1133, § 1, effective May 24.

Cross references: For the "Information Coordination Act", see § 24-1-136.

24-3-101. Agency defined.

As used in this article, the term "agency" means every agency in the executive branch of the state government which is required by the constitution or statutes of the state to exercise discretion or to perform judicial or quasi-judicial functions. As so qualified, the term "agency" includes, but is not limited to, boards, commissions, departments, divisions, offices, and officers.

Source: L. 57: p. 118, § 1. CRS 53: § 3-2-4. C.R.S. 1963: § 3-2-4.

24-3-102. Party in original action.

1. Except as otherwise specifically provided and subject to applicable provisions of the constitution, statutes, and rules of civil procedure of the state of Colorado, every agency is authorized:
   1. To institute and appear as a party in original actions in the supreme court of the state of Colorado and the United States supreme court in all causes, matters, and proceedings involving the functions and duties of such agency where such courts have original jurisdiction;
   2. To prosecute appeals in all cases, causes, matters, and proceedings in which such agency is a party in the courts of this state and its subdivisions, federal courts, and courts in other jurisdictions.

Source: L. 57: p. 118, § 2. CRS 53: § 3-2-5. C.R.S. 1963: § 3-2-5.

24-3-103. Provisions procedural and remedial.

The provisions of this article shall be construed as procedural and remedial and shall not be construed as extending, conferring, or granting such agencies any substantive powers, duties, or functions, nor shall this article be construed as granting permission to sue the sovereign state of Colorado or any agency thereof.

Source: L. 57: p. 119, § 4. CRS 53: § 3-2-7. C.R.S. 1963: § 3-2-7.

24-3.5-101. Legislative declaration relating to meetings of state boards and commissions.

The general assembly declares that public participation in government produces better government; therefore, to promote as much public participation in government as possible, every state board and commission established by law is encouraged to hold at least one-third of its regularly scheduled meetings outside the Denver metropolitan area each year, taking their budgetary constraints into account.

Source: L. 75: Entire article added, p. 791, § 1, effective June 20.

Cross references: For the open meetings law, see part 4 of article 6 of this title.

24-3.7-101. Statutory language required for creation of state boards and commissions.

When the general assembly statutorily creates any board or commission in state government, such statutory provision shall specify a termination date for such board or commission, the appointing authority for each member, any requirement for senate confirmation of appointments, the number and type of members, any per diem or allowance for expenses, the state department in which the board or commission shall be located, any explicit powers possessed by such board or commission, including but not limited to advisory authority, rule-making authority, or authority regarding the control of revenues, and any staffing, funding, or reporting requirements.

Source: L. 91: Entire article added, p. 834, § 1, effective March 29.

24-3.7-102. Best practices for state boards and commissions.

1. Notwithstanding any law to the contrary, commencing January 1, 2019, each statutorily created board or commission in state government, not including a special purpose authority as defined in section 24-77-102 (15), shall implement written policies or bylaws and obtain annual training on:
   1. Understanding and operating within the limits of statutory directives, legislative intent, and any specific directions or laws related to the board or commission's establishment and its powers and duties;
   2. Defining the board or commission's mission or role in the oversight of projects or entities approved to receive public funding, if applicable;
   3. Understanding the goals of the programs the board or commission oversees, and aligning the board or commission's processes with those goals;
   4. Identifying and managing conflicts of interest;
   5. Understanding the requirements of the "Colorado Open Records Act", part 2 of article 72 of this title 24, and the open meetings law, part 4 of article 6 of this title 24;
   6. Setting parameters regarding board or commission staff's duties relative to the board or commission's mission or role;
   7. Identifying and securing sufficient data in order for the board or commission to make informed decisions;
   8. Ensuring the appropriate involvement of members in the review of key communications and in any policy-making activities;
   9. Ensuring members act in accordance with their roles as public representatives;
   10. Coordinating with other boards or commissions, industry, educational institutions, and state agencies where responsibilities and interests overlap; and
   11. Annually reviewing management practices to ensure best practices are utilized.
2. Each state agency responsible for a statutorily created board or commission shall ensure that the state board or commission obtains the annual training and implements the written policies specified in subsection (1) of this section.

Source: L. 2018: Entire section added, (HB 18-1198), ch. 145, p. 930, § 1, effective August 8.

24-4-101. Short title.

This article shall be known and may be cited as the "State Administrative Procedure Act".

Source: L. 69: p. 91, § 8. C.R.S. 1963: § 3-16-7.

24-4-101.5. Legislative declaration.

The general assembly finds that an agency should not regulate or restrict the freedom of any person to conduct his or her affairs, use his or her property, or deal with others on mutually agreeable terms unless it finds, after a full consideration of the effects of the agency action, that the action would benefit the public interest and encourage the benefits of a free enterprise system for the citizens of this state. The general assembly also finds that many government programs may be adopted without stating the direct and indirect costs to consumers and businesses and without consideration of such costs in relation to the benefits to be derived from the programs. The general assembly further recognizes that agency action taken without evaluation of its economic impact may have unintended effects, which may include barriers to competition, reduced economic efficiency, reduced consumer choice, increased producer and consumer costs, and restrictions on employment. The general assembly further finds that agency rules can negatively impact the state's business climate by impeding the ability of local businesses to compete with out-of-state businesses, by discouraging new or existing businesses from moving to this state, and by hindering economic competitiveness and job creation. Accordingly, it is the continuing responsibility of agencies to analyze the economic impact of agency actions and reevaluate the economic impact of continuing agency actions to determine whether the actions promote the public interest.

Source: L. 77: Entire section added, p. 1134, § 1, effective May 31. L. 2003: Entire section amended, p. 2369, § 1, effective August 6.

24-4-102. Definitions.

As used in this article 4, unless the context otherwise requires:

1. "Action" includes the whole or any part of any agency rule, order, interlocutory order, license, sanction, relief, or the equivalent or denial thereof, or failure to act. Any agency rule, order, license, sanction, relief, or the equivalent or denial thereof which constitutes final agency action shall include a list of all parties to the agency proceeding and shall specify the date on which the action becomes effective.
2. "Adjudication" means the procedure used by an agency for the formulation, amendment, or repeal of an order and includes licensing.
3. "Agency" means any board, bureau, commission, department, institution, division, section, or officer of the state, except those in the legislative branch or judicial branch and except:
   1. State educational institutions administered pursuant to title 23, except part 1 of article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23;
   2. Repealed.
   3. The adjutant general of the National Guard, whose powers and duties are set forth in section 28-3-106, C.R.S.

   (3.5) "Aggrieved", for the purpose of judicial review of rule-making, means having suffered actual loss or injury or being exposed to potential loss or injury to legitimate interests including, but not limited to, business, economic, aesthetic, governmental, recreational, or conservational interests.

4. "Counsel" means an attorney admitted to practice before the supreme court of this state.
5. "Decision" means the determinative action in adjudication and includes order, opinion, sanction, and relief.

   (5.5) "Economic competitiveness" means the ability of the state of Colorado to attract new business and the ability of the businesses currently operating in Colorado to create new jobs and raise productivity.

6. "Initial decision" means a decision made by a hearing officer or administrative law judge which will become the action of the agency unless reviewed by the agency.

   (6.2) "Interested person" includes any person who may be aggrieved by agency action.

   (6.5) "Legislative committees of reference" means the committees established by the rules of the house of representatives and rules of the senate of the general assembly having jurisdiction over subject matter regulated by state agencies.

7. "License" includes the whole or any part of any agency permit, certificate, registration, charter, membership, or statutory exemption.
8. "Licensing" includes the procedure used by an agency respecting the grant, renewal, denial, revocation, suspension, annulment, limitation, or modification of a license.
9. "Opinion" means the statement of reasons, findings of fact, and conclusions of law in explanation or support of an order.
10. "Order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) by any agency in any matter other than rule-making.
11. "Party" includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any court or agency proceeding subject to the provisions of this article.
12. "Person" includes an individual, limited liability company, partnership, corporation, association, county, and public or private organization of any character other than an agency.
13. "Proceeding" means any agency process for any rule or rule-making, order or adjudication, or license or licensing.
14. "Relief" includes the whole or any part of any agency grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; recognition of any claim, right, immunity, privilege, exemption, exception, or remedy; or any other action upon the application or petition of, and beneficial to, any person.

    (14.5) "Representative group" means a diverse group convened by an agency prior to rule-making or invited to participate in the rule-making hearing to give input and to comment on the effect of the proposed rules. The group should represent different points of view and may include representatives of persons, businesses, advocacy groups, trade associations, labor organizations, environmental advocacy groups, consumer advocates, or the regulated industry or profession affected negatively or positively by proposed rules.

15. "Rule" means the whole or any part of every agency statement of general applicability and future effect implementing, interpreting, or declaring law or policy or setting forth the procedure or practice requirements of any agency. "Rule" includes "regulation".
16. "Rule-making" means agency process for the formulation, amendment, or repeal of a rule. "Rule-making" does not include a statutory citation correction authorized by section 24-4-103 (11)(l).
17. "Sanction" includes the whole or any part of any agency prohibition, requirement, limitation, or other condition affecting the freedom of any person; withholding of relief; imposition of any form of penalty or fine; destruction, taking, seizure, barring access to, or withholding of property; assessment of damages; reimbursement; restitution; compensation; costs; charges or fees; requirement; revocation or suspension of a license or the prescription or requirement of terms, conditions, or standards of conduct thereunder; or other compulsory or restrictive action.
18. "Small business" means a business with fewer than five hundred employees.

Source: L. 59: p. 158, § 1. CRS 53: § 3-16-1. C.R.S. 1963: § 3-16-1. L. 67: p. 300, § 1. L. 69: p. 81, § 1. L. 76: (4) amended and (6.5) added, p. 582, § 14, effective May 24. L. 79: (3.5) added and (12) amended, pp. 842, 843, §§ 1, 1, effective May 26. L. 81: (1) amended, p. 1133, § 1, effective June 6. L. 83: (3) amended, p. 962, § 7, effective July 1, 1984. L. 87: (6) amended, p. 961, § 64, effective March 13. L. 90: (12) amended, p. 447, § 8, effective April 18. L. 93: (6.2) added, p. 1325, § 1, effective June 6. L. 2002: (3) amended, p. 586, § 6, effective May 24. L. 2003: (5.5) and (18) added, p. 2370, § 2, effective August 6. L. 2012: (14.5) added, (HB 12-1008), ch. 182, p. 691, § 1, effective May 17; (3)(b) repealed, (HB 12-1283), ch. 240, p. 1133, § 44, effective July 1. L. 2013: (3)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 49, effective August 7. L. 2017: (16) amended, (HB 17-1006), ch. 31, p. 88, § 1, effective March 16. L. 2021: IP and (3)(a) amended, (HB 21-1264), ch. 308, p. 1876, § 16, effective June 23.

Cross references: (1) For the legislative declaration in the 2012 act repealing subsection (3)(b), see section 1 of chapter 240, Session Laws of Colorado 2012.

(2) For the legislative declaration in HB 21-1264, see section 2 of chapter 308, Session Laws of Colorado 2021.

24-4-103. Rule-making - procedure - definitions - statutory citation correction.

1. When any agency is required or permitted by law to make rules, in order to establish procedures and to accord interested persons an opportunity to participate therein, the provisions of this section shall be applicable. Except when notice or hearing is otherwise required by law, this section does not apply to interpretative rules or general statements of policy, which are not meant to be binding as rules, or rules of agency organization.

   (1.5) If an agency reinterprets an existing rule in a manner that is substantially different than previous agency interpretations of the rule or if there has been a change in a statute that affects the interpretation or the legality of a rule, the office of legislative legal services shall review the rule in the same manner as rules that have been newly adopted or amended under paragraph (d) of subsection (8) of this section upon receiving a request for such a review of the rule by any member of the general assembly.

2. When rule-making is contemplated, public announcement thereof may be made at such time and in such manner as the agency determines. The agency shall establish a representative group of participants with an interest in the subject of the rule-making to submit views or otherwise participate informally in conferences on the proposals under consideration or to participate in the public rule-making proceedings on the proposed rules. In establishing the representative group, the agency shall make diligent attempts to solicit input from representatives of each of the various stakeholder interests that may be affected positively or negatively by the proposed rules. If the agency convenes a representative group prior to issuing a notice of proposed rule-making as provided in paragraph (a) of subsection (3) of this section, the agency shall add those persons who participated in the representative group to the list of persons who receive notification of proposed rule-making as provided in paragraph (b) of subsection (3) of this section.
   1. (2.5) (a) At the time of filing a notice of proposed rule-making with the secretary of state as the secretary may require, an agency shall submit a draft of the proposed rule or the proposed amendment to an existing rule and a statement, in plain language, concerning the subject matter or purpose of the proposed rule or amendment to the office of the executive director in the department of regulatory agencies. The executive director, or his or her designee, shall distribute the proposed rule or amendment, the agency's statement concerning the subject matter or purpose of the proposed rule or amendment, and any cost-benefit analysis prepared pursuant to this section to all persons who have submitted a request to receive notices from the department of regulatory agencies about proposed rule-making. Any person may, within five days after publication of the notice of proposed rule-making in the Colorado register, request that the department of regulatory agencies require the agency submitting the proposed rule or amendment to prepare a cost-benefit analysis. The executive director, or his or her designee, shall determine, after consultation with the agency proposing the rule or amendment, whether to require the agency to prepare a cost-benefit analysis. If the executive director, or his or her designee, determines that a cost-benefit analysis is required, the agency shall complete a cost-benefit analysis at least ten days before the hearing on the rule or amendment, shall make the analysis available to the public by posting the analysis on the agency's official website, and shall submit a copy to the executive director or his or her designee. The executive director, or his or her designee, shall post the analysis on the department of regulatory agencies' official website. By filing an additional notice published in the Colorado register, the agency may postpone the hearing on the rule or amendment to comply with the requirement to complete the cost-benefit analysis at least ten days before the hearing. Failure to complete a requested cost-benefit analysis pursuant to this subsection (2.5) shall preclude the adoption of such rule or amendment. Such cost-benefit analysis shall include the following:
      1. The reason for the rule or amendment;
      2. The anticipated economic benefits of the rule or amendment, which shall include economic growth, the creation of new jobs, and increased economic competitiveness;
      3. The anticipated costs of the rule or amendment, which shall include the direct costs to the government to administer the rule or amendment and the direct and indirect costs to business and other entities required to comply with the rule or amendment;
      4. Any adverse effects on the economy, consumers, private markets, small businesses, job creation, and economic competitiveness; and
      5. At least two alternatives to the proposed rule or amendment that can be identified by the submitting agency or a member of the public, including the costs and benefits of pursuing each of the alternatives identified.
   2. The executive director, or his or her designee, shall study the cost-benefit analysis and may urge the agency to revise the rule or amendment to eliminate or reduce the negative economic impact. The executive director, or his or her designee, may inform the public about the negative impact of the proposed rule or the proposed amendment to an existing rule.
   3. Any proprietary information provided to the department of revenue by a business or trade association for the purpose of preparing a cost-benefit analysis shall be confidential.
   4. If the agency has made a good faith effort to comply with the requirements of paragraph (a) of this subsection (2.5), the rule or amendment shall not be invalidated on the ground that the contents of the cost-benefit analysis are insufficient or inaccurate.
   5. This subsection (2.5) shall not apply to orders, licenses, permits, adjudication, or rules affecting the direct reimbursement of vendors or providers with state funds.
   6. Repealed.
   7. Each state rule-making agency with a website containing rule-making information shall include the following information on its website:
      1. Information about the cost-benefit analysis process set forth in this subsection (2.5); and
      2. A link to the online regulatory notice enrollment form created by the executive director of the department of regulatory agencies or the executive director's designee and listed on the department's website.
   1. (2.7) (a) As used in this subsection (2.7):
      1. "Director" means the director of the office of state planning and budgeting.
      2. "State mandate" has the same meaning as set forth in section 29-1-304.5 (3)(d), C.R.S.
   2. No agency shall promulgate a rule creating a state mandate on a local government unless the agency complies with the requirements of section 29-1-304.5, C.R.S.
   3. 1. Except as provided in paragraph (g) of this subsection (2.7), beginning January 1, 2014, for each proposed rule that includes a state mandate, an agency shall provide to the director a description of:
         1. The proposed rule;
         2. The nature and extent of any consultations that the agency had with elected officials or other representatives of the local governments that would be affected by the proposed state mandate;
         3. The nature of any concerns of the elected officials or other representatives of the local governments;
         4. Any written communications or comments submitted to the agency by an elected official or other representative of a local government; and
         5. The agency's reasoning supporting the need to promulgate the rule containing the state mandate.
      2. The director shall review the information provided pursuant to subparagraph (I) of this paragraph (c) and, if it complies with the requirements of this paragraph (c), the director shall send a written notice of compliance to the agency. An agency shall not conduct a public rule-making proceeding unless the agency has received the written notice of compliance from the director.
   4. Each agency shall develop a process to actively solicit the meaningful and timely input of elected officials and other representatives of local governments into the development of proposed rules with state mandates affecting local governments. Each agency shall implement its process no later than January 1, 2014, and post the process on the agency's website.
   5. The executive director of each department shall be responsible for ensuring implementation of and compliance with this subsection (2.7).
   6. The general assembly shall appropriate any moneys necessary for the implementation of this subsection (2.7) to the office of state planning and budgeting in the annual general appropriation act for the fiscal year 2013-14.
   7. Beginning January 1, 2014, for each proposed rule of the state board of education that imposes a new state mandate or an increase in the level of service for an existing state mandate beyond that required by statute, the department of education shall comply with the provisions of paragraph (c) of this subsection (2.7).
3. 1. Notice of proposed rule-making shall be published as provided in subsection (11) of this section and shall state the time, place, and nature of public rule-making proceedings that shall not be held less than twenty days after such publication, the authority under which the rule is proposed, and either the terms or the substance of the proposed rule or a description of the subjects and issues involved.
   2. If the agency proposes a rule to increase fees or fines, at the time of giving notice of proposed rule-making or within ten days following the adoption of an emergency or temporary rule that increases fees or fines, the agency shall send a written or electronic notification to each member of the general assembly notifying the members of the general assembly of the proposed rule or the adoption of an emergency rule and specifying the amount of the increase in the fees or fines.
   3. Each rule-making agency shall maintain a list of all persons who request notification of proposed rule-making, including temporary or emergency rule-making. Any person on such list who requests a copy of the proposed rules shall submit to the agency a fee that shall be set by such agency based upon the agency's actual cost of copying and mailing the proposed rules to such person. All fees collected by the agency are hereby appropriated to the agency solely for the purpose of defraying such cost. On or before the date of the publication of notice of proposed rule-making in the Colorado register, the agency shall mail the notice of proposed rule-making to all persons on such list. If a person requests to be notified by electronic mail, notice is sufficient by such means if a copy of the proposed rules is attached or included in the electronic mail or if the electronic mail provides the location where the proposed rules may be viewed on the internet. No fees shall be charged for notification by electronic mail. A person may only request notification on his or her own behalf, and a request for notification by one person on behalf of another person need not be honored.
4. 1. At the place and time stated in the notice, the agency shall hold a public hearing at which it shall afford interested persons an opportunity to submit written data, views, or arguments and to present the same orally unless the agency deems it unnecessary. The agency shall consider all such submissions. Any proposed rule or revised proposed rule by an agency which is to be considered at the public hearing, together with a proposed statement of basis, specific statutory authority, purpose, and the regulatory analysis required in subsection (4.5) of this section, shall be made available to any person at least five days prior to said hearing. The rules promulgated by the agency shall be based on the record, which shall consist of proposed rules, evidence, exhibits, and other matters presented or considered, matters officially noticed, rulings on exceptions, any findings of fact and conclusions of law proposed by any party, and any written comments or briefs filed.
   2. Subject to the provisions of section 24-72-204 (3)(a)(IV), any study or other documentation utilized by an agency as the basis of a proposed rule shall be a public document in accordance with the provisions of part 2 of article 72 of this title and shall be open for public inspection. Subject to the provisions of section 24-72-204 (3)(a)(IV), all information, including, but not limited to, the conclusions and underlying research data from any studies, reports, published papers, and documents, used by the agency in the development of a proposed rule shall be a public document in accordance with the provisions of part 2 of article 72 of this title and shall be open for public inspection.
   3. All proposed rules shall be reviewed by the agency. No rule shall be adopted unless:
      1. The record of the rule-making proceeding demonstrates the need for the regulation;
      2. The proper statutory authority exists for the regulation;
      3. To the extent practicable, the regulation is clearly and simply stated so that its meaning will be understood by any party required to comply with the regulation;
      4. The regulation does not conflict with other provisions of law; and
      5. The duplication or overlapping of regulations is explained by the agency proposing the rule.
   4. Rules, as finally adopted, shall be consistent with the subject matter as set forth in the notice of proposed rule-making provided in subsection (11) of this section. After consideration of the relevant matter presented, the agency shall incorporate by reference on the rules adopted a written concise general statement of their basis, specific statutory authority, and purpose. The written statement of the basis, specific authority, regulatory analysis required by subsection (4.5) of this section, and purpose of a rule which involves scientific or technological issues shall include an evaluation of the scientific or technological rationale justifying the rule. Each agency shall maintain a copy of its currently effective rules and the current status of each published proposal for rules and minutes of all its action upon rules, as well as any attorney general's opinion rendered on any adopted or proposed rule. Such materials shall be available for inspection by any person during regular office hours.
   5. Within one hundred eighty days after the last public hearing on the proposed rule, the agency shall adopt a rule pursuant to the rule-making proceeding or terminate the proceeding by publication of a notice to that effect in the Colorado register.
   1. (4.5) (a) Upon request of any person, at least fifteen days prior to the hearing, the agency shall issue a regulatory analysis of a proposed rule. The regulatory analysis shall contain:
      1. A description of the classes of persons who will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule;
      2. To the extent practicable, a description of the probable quantitative and qualitative impact of the proposed rule, economic or otherwise, upon affected classes of persons;
      3. The probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues;
      4. A comparison of the probable costs and benefits of the proposed rule to the probable costs and benefits of inaction;
      5. A determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule; and
      6. A description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule.
   2. Each regulatory analysis shall include quantification of the data to the extent practicable and shall take account of both short-term and long-term consequences.
   3. The regulatory analysis shall be available to the public at least five days prior to the rule-making hearing.
   4. If the agency has made a good faith effort to comply with the requirements of paragraphs (a) to (c) of this subsection (4.5), the rule shall not be invalidated on the ground that the contents of the regulatory analysis are insufficient or inaccurate.
   5. Nothing in paragraphs (a) to (c) of this subsection (4.5) shall limit an agency's discretionary authority to adopt or amend rules.
   6. The provisions of this subsection (4.5) shall not apply to rules and regulations promulgated by the department of revenue regarding the administration of any tax which is within the authority of said department.
5. A rule shall become effective twenty days after publication of the rule as finally adopted, as provided in subsection (11) of this section, or on such later date as is stated in the rule. Once a rule becomes effective, the rule-making process shall be deemed to have become final agency action for judicial review purposes.
6. 1. A temporary or emergency rule may be adopted without compliance with the procedures prescribed in subsection (4) of this section and with less than the twenty days' notice prescribed in subsection (3) of this section, or where circumstances imperatively require, without notice, only if the agency finds that immediate adoption of the rule is imperatively necessary to comply with a state or federal law or federal regulation or for the preservation of public health, safety, or welfare and compliance with the requirements of this section would be contrary to the public interest and makes such a finding on the record. Such findings and a statement of the reasons for the action shall be published with the rule. A temporary or emergency rule may be adopted without compliance with subsections (2.5) and (2.7) of this section, but shall not become permanent without compliance with such subsections (2.5) and (2.7). A temporary or emergency rule shall become effective on adoption or on such later date as is stated in the rule, shall be published promptly, and shall have effect for not more than one hundred twenty days after its adoption or for such shorter period as may be specifically provided by the statute governing such agency, unless made permanent by compliance with subsections (3) and (4) of this section.
   2. The period of effectiveness provided by this subsection (6) does not apply to temporary or emergency rules adopted by the public utilities commission under section 40-2-108 (2), C.R.S.
7. Any interested person shall have the right to petition for the issuance, amendment, or repeal of a rule. Such petition shall be open to public inspection. Action on such petition shall be within the discretion of the agency; but when an agency undertakes rule-making on any matter, all related petitions for the issuance, amendment, or repeal of rules on such matter shall be considered and acted upon in the same proceeding.
8. 1. No rule shall be issued except within the power delegated to the agency and as authorized by law. A rule shall not be deemed to be within the statutory authority and jurisdiction of any agency merely because such rule is not contrary to the specific provisions of a statute. Any rule or amendment to an existing rule issued by any agency, including state institutions of higher education administered pursuant to title 23, C.R.S., which conflicts with a statute shall be void.
   2. On and after July 1, 1967, no rule may be issued nor existing rule amended by any agency unless it is first submitted by the issuing agency to the attorney general for his or her opinion as to its constitutionality and legality. Any rule or amendment to an existing rule issued by any agency without being so submitted to the attorney general is void.
   3. 1. Notwithstanding any other provision of law to the contrary and the provisions of section 24-4-107, all rules adopted or amended on or after January 1, 1993, and before November 1, 1993, expire at 11:59 p.m. on May 15 of the year following their adoption unless the general assembly by bill acts to postpone the expiration of a specific rule, and commencing with rules adopted or amended on or after November 1, 1993, all rules adopted or amended during any one-year period that begins each November 1 and continues through the following October 31 expire at 11:59 p.m. on the May 15 that follows such one-year period unless the general assembly by bill acts to postpone the expiration of a specific rule; except that a rule adopted pursuant to section 25.5-4-402.4 (6)(b)(III) expires at 11:59 p.m. on the May 15 following the adoption of the rule unless the general assembly acts by bill to postpone the expiration of a specific rule. The general assembly, in its discretion, may postpone such expiration, in which case, the provisions of section 24-4-108 or 24-34-104 apply and the rules expire or are subject to review as provided in those sections. The postponement of the expiration of a rule does not constitute legislative approval of the rule and is not admissible in any court as evidence of legislative intent. The postponement of the expiration date of a specific rule does not prohibit any action by the general assembly pursuant to the provisions of subsection (8)(d) of this section with respect to the rule.
      2. It is the intent of the general assembly that, in the event of a conflict between this paragraph (c) and any other provision of law relating to suspension or extension of rules by joint resolution (whether said provision was adopted prior to or subsequent to this paragraph (c)), this paragraph (c) shall control, notwithstanding the rule of law that a specific provision of law controls over a general provision of law.
   4. All rules adopted or amended on or after July 1, 1976, including temporary or emergency rules, shall be submitted by the adopting agency to the office of legislative legal services in the form and manner prescribed by the committee on legal services. Said rules and amendments to existing rules shall be filed by and in such office and shall be first reviewed by the staff of said committee to determine whether said rules and amendments are within the agency's rule-making authority and for later review by the committee on legal services for its opinion as to whether the rules conform with paragraph (a) of this subsection (8). The committee on legal services shall direct the staff of the committee to review the rules submitted by adopting agencies using graduated levels of review based on criteria established by the committee. The criteria developed by the committee shall provide that every rule shall be reviewed as to form and compliance with filing procedures and that, upon request of any member of the committee or any other member of the general assembly, the staff shall provide full legal review of any rule during the time period that such rule is subject to review by the committee. The official certificate of the director of the office of legislative legal services as to the fact of submission or the date of submission of a rule as shown by the records of his office, as well as to the fact of nonsubmission as shown by the nonexistence of such records, shall be received and held in all civil cases as competent evidence of the facts contained therein. Records regarding the review of rules pursuant to this section shall be retained by the office of legislative legal services in accordance with policies established pursuant to section 2-3-303 (2), C.R.S. Any such rule or amendment to an existing rule issued by any agency without being so submitted within twenty days after the date of the attorney general's opinion rendered thereon to the office of legislative legal services for review by the committee on legal services shall be void. The staff's findings shall be presented to said committee at a public meeting held after timely notice to the public and affected agencies. The committee on legal services shall, on affirmative vote, submit such rules, comments, and proposed legislation at the next regular session of the general assembly. The committee on legal services shall be the committee of reference for any bill introduced pursuant to this paragraph (d). Any member of the general assembly may introduce a bill which rescinds or deletes portions of the rule. Rejection of such a bill does not constitute legislative approval of the rule. Only that portion of any rule specifically disapproved by bill shall no longer be effective, and that portion of the rule which remains after deletion of a portion thereof shall retain its character as an administrative rule. Each agency shall revise its rules to conform with the action taken by the general assembly. A rule which has been allowed to expire by action of the general assembly pursuant to the provisions of paragraph (c) of this subsection (8) because such rule, in the opinion of the general assembly, is not authorized by the state constitution or statute shall not be repromulgated by an agency unless the authority to promulgate such rule has been granted to such agency by a statutory amendment or by the state constitution or by a judicial determination that statutory or constitutional authority exists. Any rule so repromulgated shall be void. Such revision shall be transmitted to the secretary of state for publication pursuant to subsection (11) of this section. Passage of a bill repealing a rule does not result in revival of a predecessor rule. This paragraph (d) and subsection (4.5) of this section do not apply to rules of agency organization or general statements of policy which are not meant to be binding as rules. For the purpose of performing the functions assigned it by this paragraph (d), the committee on legal services, with the approval of the speaker of the house of representatives and the president of the senate, may appoint subcommittees from the membership of the general assembly.
   5. The office of legislative legal services shall identify rules that were adopted during each applicable one-year period as a result of legislation enacted during any legislative session, regular or special, commencing on or after the previous eight calendar years. After the rules have been identified, the office of legislative legal services shall notify in writing any prime sponsors of the enacted legislation who are still serving in the general assembly and the current members of the applicable committees of reference in the senate and house of representatives for that enacted legislation that a rule has been adopted as a result of the legislation; except that the office of legislative legal services need not provide the notice regarding an adopted rule if the rule resulted from legislation that was enacted more than eight calendar years prior to the rule's adoption.
   1. (8.1) (a) An agency shall maintain an official rule-making record for each proposed rule for which a notice of proposed rule-making has been published in the Colorado register. Such rule-making record shall be maintained by the agency until all administrative and judicial review procedures have been completed pursuant to the provisions of this article. The rule-making record shall be available for public inspection.
   2. The agency rule-making record shall contain:
      1. Copies of all publications in the Colorado register with respect to the rule or the proceeding upon which the rule is based;
      2. Copies of any portions of the agency's public rule-making docket containing entries relating to the rule or the proceeding upon which the rule is based;
      3. All written petitions, requests, submissions, and comments received by the agency as of the date of the hearing on the rule and all other written materials, or a listing of such materials, considered by the agency in connection with the formulation, proposal, or adoption of the rule or the proceeding upon which the rule is based, which materials shall be available for public inspection during working hours;
      4. Any official transcript of oral presentations made in the proceeding upon which the rule is based or, if not transcribed, any tape recording or stenographic record of those presentations and any memorandum prepared by a presiding official summarizing the contents of those presentations;
      5. A copy of any regulatory analysis or cost-benefit analysis prepared for the proceeding upon which the rule was based, if applicable, and any formal statement made to the agency promulgating the rule by the executive director of the department of regulatory agencies regarding such cost-benefit analysis;
      6. A copy of the rule and explanatory statement filed in the office of the secretary of state;
      7. All petitions for exceptions to, amendments of, or repeal or suspension of the rule;
      8. A copy of any objection to the rule presented to the committee on legal services of the general assembly by its staff pursuant to paragraph (d) of subsection (8) of this section and the agency's response;
      9. A copy of any filed executive order with respect to the rule; and
      10. A copy of any information provided to the director pursuant to paragraph (c) of subsection (2.7) of this section and the written notice of compliance from the director.
   3. Upon judicial review, the record required by this section constitutes the official rule-making record with respect to a rule. The agency rule-making record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof; except that, this paragraph (c) shall not be interpreted to allow the introduction of evidence or information into such rule-making record from outside of the public rule-making hearing, or to allow such introduction of evidence or information without notice to all parties to such hearing and opportunity to respond.
   4. If an agency includes information required by subparagraph (X) of paragraph (b) of this subsection (8.1) in the rule-making record, the agency shall provide a copy of the portion of the record that includes such information with the executive committee of the legislative council in accordance with the provisions of section 24-1-136 (9).
   1. (8.2) (a) A rule adopted on or after September 1, 1988, shall be invalid unless adopted in substantial compliance with the provisions of this section. However, inadvertent failure to mail a notice of proposed rule-making to any person as required by subsection (3) of this section shall not invalidate a rule.
   2. An action to contest the validity of a rule on the grounds of its noncompliance with any provision of this section shall be commenced within thirty days after the effective date of the rule.
   1. (8.3) (a) On or after August 11, 2010, all new or amended rules or regulations promulgated pursuant to this section that refer to persons with disabilities shall comply with the provisions of section 2-2-802, C.R.S., as applicable to the new or amended rule.
   2. Violation of this subsection (8.3) shall not be grounds to invalidate any new or amended rule; however, such rules shall be amended to reflect the provisions of section 2-2-802, C.R.S., in any subsequent revision.
   3. Nothing in this subsection (8.3) shall constitute a requirement to change the name of any department, agency, or program of the state.
9. Each agency shall make available to the public and shall deliver to anyone requesting it a copy of any notice of proposed rule-making proceeding in which action has not been completed. Upon request, such copy shall be certified. The agency may make a reasonable charge for supplying any such copy.
10. No rule shall be relied upon or cited against any person unless, if adopted after May 1, 1959, it has been published and, whether adopted before or after said date, it has been made available to the public in accordance with this section.
11. 1. There is hereby established the code of Colorado regulations for the publication of rules of agencies of the executive branch and the Colorado register for the publication of notices of rule-making, proposed rules, attorney general's opinions relating to such rules, and adopted rules. The code and the register shall be the sole official publications for such rules, notices of rule-making, proposed rules, and attorney general's opinions. The code and the register shall contain, where applicable, references to court opinions and recommendations of the legal services committee of the general assembly that relate to or affect such rules and references to any action of the general assembly relating to the extension, expiration, deletion, or rescission of such rules and may contain other items that, in the opinion of the editor, are relevant to such rules. The register may also include other public notices, including annual departmental regulatory agendas submitted by principal departments to the secretary of state pursuant to section 2-7-203, C.R.S.; however, except as specifically permitted by law, the inclusion of such notices in the register shall be in addition to and not in substitution for existing public notice requirements.
    2. The secretary of state shall cause to be published in electronic form, and may cause to be published in printed form, at the least cost possible to the state, the code of Colorado regulations and the Colorado register no less often than once each calendar month. In the event of any discrepancy between the electronic and printed form of the code or the register, the electronic form shall prevail unless it is conclusively shown, by reference to the rule-making filings made with the secretary of state pursuant to this section, that the electronic form contains an error in publication.
    3. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
    4. 1. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
       2. Each rule adopted, together with the attorney general's opinion rendered in connection therewith, shall be filed pursuant to subsection (12) of this section within twenty days after adoption with the secretary of state for publication in the Colorado register. Upon written request of an agency, the secretary of state shall correct typographical and other nonsubstantive errors appearing in the rules as filed by such agency that occur after final adoption of the rules by the agency during the preparation of such rules for publication in order to conform the published rules with the adopted rules. Notices of rule-making proceedings pursuant to subsection (3) of this section shall also be filed with the secretary of state in sufficient time for publication pursuant to subsection (5) of this section in the register. Rules revised to conform with action taken by the general assembly shall be filed with the secretary of state for publication in the register and in the code of Colorado regulations. The legal services committee of the general assembly shall notify the secretary of state whenever a rule published in the code is rescinded or a portion thereof is deleted by the general assembly and whenever a rule or a portion thereof is allowed to expire in accordance with section 24-4-108 or with subparagraph (I) of paragraph (c) of subsection (8) of this section, and the secretary of state shall direct the removal from the code of material so deleted, rescinded, or allowed to expire.
    5. The secretary of state shall establish and maintain an accurate docket system for recording the time and date of the filing of each document, the agency filing the same, and the title or description of such document required to be filed for publication under the provisions of this section, which docket system shall be cross-indexed as to such time, date, agency, and title or description.
    6. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
    7. Publication of notices and other required information related to proposed and adopted rules shall be by electronic publication.
    8. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
    9. 1. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
       2. The Colorado register shall contain only such notices, proposed rules, adopted rules, opinions, and other relevant information and materials as are filed pursuant to law with the secretary of state.
       3. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
    10. Repealed.
    11. (Deleted by amendment, L. 2010, (SB 10-123), ch. 104, p. 350, § 1, effective April 15, 2010.)
    12. 1. An agency may request the secretary of state to correct a statutory citation contained in a rule, including a form incorporated into a rule, as published in the code of Colorado regulations if:
           1. The general assembly has relocated the statute in a manner that renders the rule's citation to the statute inaccurate; and
           2. The agency submits to the secretary a written determination by the attorney general that finds that the condition specified in subsection (11)(l)(I)(A) of this section applies, specifies what the correct citation is, and identifies each citation that should be corrected.
        2. Upon receipt of a request that complies with subsection (11)(l)(I) of this section, the secretary of state shall correct in the code of Colorado regulations each statutory citation listed in the determination specified in subsection (11)(l)(I)(B) of this section.
        3. A statutory citation correction authorized by this subsection (11)(l) is not rule-making and need not comply with any requirements of this section other than those specified in this subsection (11)(l).
    13. Repealed.
12. All rules of any agency that have been submitted to the attorney general under the provisions of subsection (8) of this section and the opinion of the attorney general, when issued, shall be filed in the office of the secretary of state. The secretary of state shall require that all rules of any agency that have been submitted to the attorney general under the provisions of subsection (8) of this section and the opinion of the attorney general, when issued, be filed in an electronic format that complies with any requirements established pursuant to sections 24-37.5-106 and 24-71.3-118.
    1. (12.5) (a) A rule may incorporate by reference all or any part of a code, standard, guideline, or rule that has been adopted by an agency of the United States, this state, or another state, or adopted or published by a nationally recognized organization or association, if:
       1. Repeating verbatim the text of the code, standard, guideline, or rule in the rule would be unduly cumbersome, expensive, or otherwise inexpedient;
       2. The reference fully identifies the incorporated code, standard, guideline, or rule by citation and date, identifies the address of the agency where the code, standard, guideline, or rule is available for public inspection, and states that the rule does not include any later amendments or editions of the code, standard, guideline, or rule;
       3. The code, standard, guideline, or rule is readily available to the public in written or electronic form;
       4. The rule states where copies of the code, standard, guideline, or rule are available for a reasonable charge from the agency adopting the rule and where copies are available from the agency of the United States, this state, another state, or the organization or association originally issuing the code, standard, guideline, or rule; and
       5. The agency maintains a copy of the code, standard, guideline, or rule readily available for public inspection at the agency office during regular business hours.
    2. The agency shall provide certified copies of the material incorporated at cost upon request or shall provide the requester with information on how to obtain a certified copy of the material incorporated by reference from the agency of the United States, this state, another state, or the organization or association originally issuing the code, standard, guideline, or rule.
    3. If any agency incorporates or proposes to incorporate any material by reference in a rule and the version or edition of the material to be incorporated has not previously been provided to the state publications depository and distribution center, and if the rule or proposed rule does not identify where the incorporated material is available to the public on the internet at no cost, then the agency shall provide one copy of the material in either paper or electronic format to the state publications depository and distribution center. The state librarian shall retain the copy of the material and shall make the copy available to the public.
13. Any agency conducting a hearing shall have authority on its own motion or upon the motion of any interested person for good cause shown to: Administer oaths and affirmations; sign and issue subpoenas; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for the filing of appropriate documents; take depositions or have depositions taken; issue appropriate orders which shall control the subsequent course of the proceedings; and take any other action authorized by agency rule consistent with this article. In the event more than one person engages in the conduct of a hearing, such persons shall designate one of their number to perform the functions of this subsection (13) and subsection (14) of this section as can best be performed by one person only, and thereafter such person only shall perform those functions which are assigned to him by the several persons conducting such hearing.
14. Subpoenas shall be issued without discrimination between public and private parties by any agency or any member, the secretary or chief administrative officer thereof, or, with respect to any hearing for which a hearing officer or an administrative law judge has been appointed, the hearing officer or administrative law judge. A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of any witness to comply with such subpoena, the agency may petition any district court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena, in which event, the district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of contumacious failure to comply with the order of the court. A witness shall be entitled to the fees and mileage provided for a witness in sections 13-33-102 and 13-33-103, C.R.S.

Source: L. 59: p. 159, § 2. CRS 53: § 3-16-2. C.R.S. 1963: § 3-16-2. L. 67: p. 300, § 2. L. 69: p. 82, §§ 2, 3. L. 76: (1) and (8)(a) amended and (8)(d) added, p. 582, § 15, effective May 24. L. 77: (8)(d) amended, p. 1134, § 2, effective May 31; (13) and (14) added, p. 1144, § 1, effective June 3; (4) amended, p. 1136, § 1, effective June 19; (4) amended and (11) R&RE, p. 1138, §§ 1, 2, effective June 19; (8)(d) amended, p. 1141, § 1, effective (see editor's note). L. 78: (12) amended, p. 390, § 1, March 30. L. 79: (5) amended, p. 842, § 2, effective May 22; (8)(d) and (11)(d) amended, p. 849, § 1, effective May 25; (8)(c) R&RE and (8)(d) amended, p. 845, §§ 1, 2, effective June 29. L. 81: (9) and (11) amended, (11)(k) added, and (11)(j) repealed, pp. 1129, 1130, §§ 1, 2; (12.5) added, p. 1131, § 1, effective July 1; (12) and (13) amended, p. 1133, § 2, effective July 1. L. 82: (11)(a) and (11)(d) amended, p. 360, § 1, effective March 11. L. 84: (4) amended, p. 649, § 1, effective July 1. L. 87: (11)(k) amended, p. 915, § 1, effective July 1; (8)(c)(I) and (8)(d) amended, p. 919, § 2, effective July 3; (14) amended, p. 961, § 65, effective March 13. L. 88: (8)(d) amended, p. 311, § 19, effective May 23; (3), (6), and (8)(d) amended, (4) R&RE, and (4.5), (8.1), and (8.2) added, pp. 884, 886, 887, §§ 1, 2, 3, effective May 17. L. 89: (4.5)(f) added and (8.1)(b)(V) amended, pp. 1502, 1503, §§ 10, 11, effective July 1, 1990. L. 91: (1) amended, p. 807, § 3, effective June 5. L. 93: (3)(b), (6), (8.1)(c), (8.2)(b), and (11)(d) amended, p. 1325, § 2, effective June 6; (8)(d) amended, p. 2109, § 12, effective June 9; (8)(c)(I) amended, p. 496, § 1, effective July 1. L. 94: (1.5) added and (3)(a) and (12.5) amended, p. 2587, § 1, effective July 1. L. 95: (6) amended, p. 232, § 2, effective April 17. L. 98: (4)(a.5) added, p. 721, § 1, effective May 18. L. 2000: (1) amended, p. 1861, § 73, effective August 2. L. 2001: (8)(d) amended, p. 318, § 2, effective April 12; (4)(a.5) amended, p. 1076, § 5, effective August 8; (12) amended, p. 38, § 2, effective August 8. L. 2002: (3)(b), (9), (11)(b), (11)(d), (11)(f), (11)(g), (11)(h), (11)(i), (11)(k), and (12) amended, p. 436, § 2, effective May 14. L. 2003: (11)(b) and (11)(d)(I) amended, p. 2048, § 1, effective May 22; (2.5) added and (6), (8.1)(b)(V), and (11)(b) amended, p. 2370, § 3, effective August 6. L. 2005: (12) amended, p. 768, § 36, effective June 1. L. 2006: IP(2.5)(a) and (2.5)(f)(I) amended, p. 202, § 1, effective March 31; (12) amended, p. 1735, § 20, effective June 6. L. 2007: (12) amended, p. 910, § 2, effective May 17. L. 2009: (8)(c)(I) amended, (HB 09-1293), ch. 152, p. 651, § 9, effective July 1. L. 2010: (3)(a), (8.1)(a), and (12.5) amended, (HB 10-1235), ch. 76, p. 258, § 1, effective April 5; (6) amended, (HB 10-1346), ch. 137, p. 460, § 1, effective April 15; (11) and (12) amended, (SB 10-123), ch. 104, p. 350, § 1, effective April 15; (8.3) added, (HB 10-1137), ch. 93, p. 320, § 2, effective August 11. L. 2012: (2), (3), and (11)(a) amended, (HB 12-1008), ch. 182, pp. 691, 694, §§ 2, 5, effective May 17; (2.7), (8.1)(b)(X), and (8.1)(d) added and (6)(a), (8.1)(b)(VIII), and (8.1)(b)(IX) amended, ch. 199, p. 797, § 1, effective August 8. L. 2013: IP(2.5)(a) amended and (8)(e) added, (SB 13-030), ch. 110, p. 379, § 1, effective April 8; IP(2.5)(a) and (2.5)(f) amended, (SB 13-158), ch. 283, p. 1490, § 1, effective July 1; IP(2.7)(c)(I) amended and (2.7)(g) added, (HB 13-1219), ch. 104, p. 366, § 20, effective August 7. L. 2015: (8)(e) amended, (SB 15-047), ch. 71, p. 190, § 1, effective August 5. L. 2016: (8)(b) amended, (HB 16-1094), ch. 94, p. 267, § 12, effective August 10. L. 2017: (11)(l) added, (HB 17-1006), ch. 31, p. 88, § 2, effective March 16; (11)(m) added, (SB 17-242), ch. 263, p. 1321, § 177, effective May 25; (8)(c)(I) amended, (SB 17-267), ch. 267, p. 1440, § 7, effective July 1. L. 2018: (2.5)(f) repealed and (2.5)(g) added, (HB 18-1237), ch. 165, p. 1137, § 2, effective August 8. L. 2021: (8)(e) amended, (HB 21-1137), ch. 37, p. 142, § 1, effective September 7.

Editor's note: (1) House Bill 77-1646, which amended subsection (8)(d), was delivered to the governor on June 20, 1977. The general assembly adjourned sine die on June 22, 1977. The governor disapproved House Bill 77-1646 on July 15, 1977, but the bill was not filed with the secretary of state until July 27, 1977, and the governor's letter stating objections to the bill was not filed with the secretary of state until August 2, 1977. Because House Bill 77-1646 and the governor's objections to it were not filed with the secretary of state within thirty days after adjournment of the general assembly, House Bill 77-1646 became a law pursuant to the provisions of § 11 of article IV of the Colorado Constitution.

(2) Amendments to subsection (4) by House Bill 77-1419 and House Bill 77-1623 were harmonized.

(3) Amendments to subsection (8)(d) by House Bill 79-1393 and House Bill 79-1063 were harmonized.

(4) Amendments to subsection (11)(b) by Senate Bill 03-121 and House Bill 03-1350 were harmonized.

(5) Amendments to the introductory portion to subsection (2.5)(a) by Senate Bill 13-030 and Senate Bill 13-158 were harmonized.

(6) Section 34 of chapter 267 (SB 17-267), Session L aws of Colorado 2017, provides that the section of the act amending this section does not take effect if the centers for medicare and medicaid services determine that the amendments do not comply with federal law. For more information, see SB 17-267. ( L . 2017, p. 1447.) The executive director of the department of health care policy and financing did not notify the revisor of statutes by June 1, 2017, of such determination; therefore, amendments to this section took effect July 1, 2017.

(7) Subsection (11)(m)(II) provided for the repeal of subsection (11)(m), effective July 1, 2018. (See L . 2017, p. 1321.)

Cross references: (1) For the general authority of department heads to adopt rules and regulations, see § 24-2-105.

(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 17-267, see section 1 of chapter 267, Session Laws of Colorado 2017.

24-4-103.3. Mandatory review of rules by agencies - report on results of review in departmental regulatory agendas.

1. The department of regulatory agencies shall establish a schedule, in consultation with each principal department, for the review of all of the rules for each principal department. Each principal department shall conduct a review of all of its rules to assess the continuing need for and the appropriateness and cost-effectiveness of its rules to determine if they should be continued in their current form, modified, or repealed. The applicable rule-making agency or official in the principal department shall consider the following:
   1. Whether the rule is necessary;
   2. Whether the rule overlaps or duplicates other rules of the agency or with other federal, state, or local government rules;
   3. Whether the rule is written in plain language and is easy to understand;
   4. Whether the rule has achieved the desired intent and whether more or less regulation is necessary;
   5. Whether the rule can be amended to give more flexibility, reduce regulatory burdens, or reduce unnecessary paperwork or steps while maintaining its benefits;
   6. Whether the rule is implemented in an efficient and effective manner, including the requirements for the issuance of permits and licenses;
   7. Whether a cost-benefit analysis was performed by the applicable rule-making agency or official in the principal department pursuant to section 24-4-103 (2.5); and
   8. Whether the rule is adequate for the protection of the safety, health, and welfare of the state or its residents.
2. Each rule-making agency or official shall provide public notice on the agency's official website of its review of the rules, give the public an appropriate opportunity to provide input, and notify other state agencies that may have jurisdiction over the subject matter of the rules to allow for collaboration and input. Based on this review, the rule-making agency or official shall determine whether the existing rules should be continued in their current form, amended, or repealed. If the rule-making agency or official decides that a rule should be amended or repealed, the rule-making agency or official shall comply with the notice and hearing requirements of section 24-4-103.
3. The department of regulatory agencies shall not schedule mandatory review under this section during the year of and during the year following any scheduled sunset review conducted by the department of regulatory agencies pursuant to section 24-34-104.
4. Each principal department shall include a report on the results of its mandatory review of rules as part of its departmental regulatory agenda that it submits to the staff of the legislative council for distribution to the applicable committee of reference of the general assembly as outlined in section 2-7-203, C.R.S.

Source: L. 2014: Entire section added, (SB 14-063), ch. 69, p. 296, § 1, effective March 27.

24-4-103.5. Rule-making affecting small business - procedure. (Repealed)

Source: L. 82: p. 362, § 1. L. 87: (1) amended, p. 1010, § 1, effective April 16. L. 97: Entire section repealed, p. 525, § 6, effective July 1.

24-4-104. Licenses - issuance, suspension or revocation, renewal.

1. In any case in which application is made for a license required by law, the agency, with due regard for the rights and privileges of all interested persons, shall set and conduct the proceedings in accordance with this article unless otherwise required by law.
2. Every agency decision respecting the grant, renewal, denial, revocation, suspension, annulment, limitation, or modification of a license shall be based solely upon the stated criteria, terms, and purposes of the statute, or regulations promulgated thereunder, and case law interpreting such statutes and regulations pursuant to which the license is issued or required. Terms, conditions, or requirements limiting any license shall be valid only if reasonably necessary to effectuate the purposes, scope, or stated terms of the statute pursuant to which the license is issued or required.
3. 1. No revocation, suspension, annulment, limitation, or modification of a license by any agency shall be lawful unless, before institution of agency proceedings therefor, the agency has given the licensee notice in writing of objective facts or conduct established upon a full investigation that may warrant such action and afforded the licensee opportunity to submit written data, views, and arguments with respect to the facts or conduct and, except in cases of deliberate and willful violation or of substantial danger to public health and safety, given the licensee a reasonable opportunity to comply with all lawful requirements. For purposes of this subsection (3), "full investigation" means a reasonable ascertainment of the underlying facts on which the agency action is based.
   2. The full investigation requirement specified in subsection (3)(a) of this section shall not apply to licenses issued under articles 1.1, 9, 10.1, and 11.5 of title 40 or article 2 of title 42.
4. 1. Where the agency has objective and reasonable grounds to believe and finds, upon a full investigation, that the licensee has been guilty of deliberate and willful violation or that the public health, safety, or welfare imperatively requires emergency action and incorporates the findings in its order, it may summarily suspend the license pending proceedings for suspension or revocation which shall be promptly instituted and determined. For purposes of this subsection (4), "full investigation" means a reasonable ascertainment of the underlying facts on which the agency action is based.
   2. The full investigation requirement specified in subsection (4)(a) of this section shall not apply to licenses issued under articles 1.1, 9, 10.1, and 11.5 of title 40 or article 2 of title 42.
5. A proceeding for the revocation, suspension, annulment, limitation, or modification of a previously issued license shall be commenced by the agency upon its own motion or by the filing with the agency of a written complaint, signed and sworn to by the complainant, stating the name of the licensee complained against and the grounds for the requested action.
6. Except as provided in subsection (4) of this section, an agency shall not revoke, suspend, annul, limit, or modify a previously issued license until after holding a hearing as provided in section 24-4-105.
7. In any case in which the licensee has made timely and sufficient application for the renewal of a license or for a new license for the conduct of a previously licensed activity of a continuing nature, the existing license shall not expire until such application has been finally acted upon by the agency, and, if the application is denied, it shall be treated in all respects as a denial. The licensee, within sixty days after the giving of notice of such action, may request a hearing before the agency as provided in section 24-4-105, and the action of the agency after any hearing shall be subject to judicial review as provided in section 24-4-106.
8. An application for a license shall be acted upon promptly, and, immediately after the taking of action on such application by an agency, a written notice of the action taken by the agency and, if the application is denied, the grounds therefor shall be given to the applicant. The giving of such notice shall be by personal service upon the applicant or by mailing the same to the address of the applicant as shown on the application or as subsequently furnished in writing by the applicant to the agency.
9. If an application for a new license is denied without a hearing, the applicant, within sixty days after the giving of notice of such action, may request a hearing before the agency as provided in section 24-4-105, and the action of the agency after any hearing shall be subject to judicial review as provided in section 24-4-106.
10. Written notice of the revocation, suspension, annulment, limitation, or modification of a license and the grounds therefor shall be served forthwith on the licensee personally or by mailing by first-class mail to the last address furnished the agency by the licensee.
11. A limitation, unless consented to by the applicant, on a license applied for shall be treated as a denial. A modification, unless consented to by the licensee, of a license already issued shall be treated as a revocation.
12. In an appropriate case a revoked or suspended license may be reissued.
13. 1. Any applicant who, under oath, supplies false information to an agency in an application for a license commits perjury in the second degree, as defined in section 18-8-503, C.R.S. Any such application shall bear notice, in accordance with section 18-8-501 (2)(a)(I), C.R.S., that false statements made therein are punishable.
    2. On and after January 1, 1985, an agency shall not require that information contained in an application for a license be affirmed to before a notary.

Source: L. 59: p. 161, § 3. CRS 53: § 3-16-3. C.R.S. 1963: § 3-16-3. L. 69: p. 84, § 4. L. 81: (2) amended, p. 1141, § 1, effective April 16. L. 83: (13) added, p. 521, § 4, effective March 15. L. 93: (3) and (7) amended, p. 1327, § 3, effective June 6. L. 2006: (3) and (4) amended, p. 838, § 1, effective August 7. L. 2007: (3)(b) and (4)(b) amended, p. 2033, § 48, effective June 1. L. 2018: (3)(b) and (4)(b) amended, (HB 18-1375), ch. 274, p. 1705, § 34, effective May 29; (6) amended, (HB 18-1224), ch. 288, p. 1780, § 1, effective May 29.

24-4-104.5. Permits - rules in effect at time of submission of application for a permit control.

1. For purposes of this section, unless the context otherwise requires, "permit" means a grant of authority by an agency that authorizes the holder of the permit to do some act not forbidden by law but not allowed to be performed without such authority. "Permit" does not include a professional license issued by a licensing board or an agency to conduct a profession or occupation. "Permit" does not include a registration or certification issued by a board or state agency to an individual to pursue a profession, practice, or occupation. "Permit" does not include a water well permit issued by the state engineer pursuant to title 37, C.R.S.
2. 1. The rules and any written statements of agency interpretation of the statutes of an agency that are in effect on the date that a person applies for issuance or renewal of a permit govern the application process and any permit eligibility requirement. If the rules or any written statements of agency interpretation of the statutes governing the agency's permit process or the requirements to qualify for a permit have been amended, the agency shall process the application under the rules and any written statements of agency interpretation of the statutes in effect on the date of the application, unless the agency determines in writing that:
      1. 1. The new rules materially affect the health and safety of the public; and
         2. Use of the rules in effect on the date of application is likely to result in an unsafe situation if the applicant does not comply with the new rules; or
      2. New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of federal law and federal regulations; or
      3. New rules or new requirements are necessary to ensure that the agency and the permit will not be in conflict with state statutes; or
      4. New rules or new requirements are necessary to ensure that the agency and the permit will be in compliance with the requirements of a court order.
   2. If the agency determines that one of the exceptions to the requirements of paragraph (a) of this subsection (2) will occur if the applicant does not comply with the new rules or new requirements, the agency shall:
      1. Treat the application as pending;
      2. Provide a written notice to the applicant stating the reasons the application is incomplete; and
      3. Give the applicant a reasonable opportunity to comply with the new rules or new requirements.
3. If an agency adopts or amends rules that govern or impact the application process or any permit eligibility requirements after a person has applied for a permit or renewal of a permit and while the application is pending with the agency, the person shall have the option to have the application processed under the rules in existence at the time of the filing of the application or under the new rules.

Source: L. 2012: Entire section added, (HB 12-1002), ch. 249, p. 1241, § 2, effective August 8.

Cross references: In 2012, this section was added by the "Creating Level Expectations for Application Review Act" or the "CLEAR Act". For the short title, see section 1 of chapter 249, Session Laws of Colorado 2012.

24-4-104.6. Analysis of noncompliance with department rules - definition - legislative declaration.

1. 1. The general assembly hereby finds and declares that this section codifies existing practice, that each agency already knows about and tracks the rule issues described in subsection (2)(a) of this section, and that much of this work is currently completed in the normal course of an agency's business.
   2. The general assembly further finds and declares that it is not the general assembly's intent for an agency to increase its existing rule compliance monitoring.
2. 1. Each agency shall conduct, within existing resources, an analysis of noncompliance with its rules to identify rules with the greatest frequency of noncompliance, rules that generate the greatest amount of fines, how many first-time offenders were given the opportunity to cure a minor violation, and those factors that contribute to noncompliance with rules by regulated businesses. The analysis will guide each department on how to improve its education and outreach to regulated businesses on compliance with the department's rules. The agency shall consider and review:
      1. Whether the rule is unclear and should be rewritten;
      2. Whether more education or training of the regulated businesses would be likely to achieve better compliance with the rule; and
      3. The enforcement level and any appropriate fines for noncompliance with the department's rules.
   2. Any principal department that conducts an analysis of noncompliance with rules adopted by agencies within its department pursuant to subsection (2)(a) of this section shall forward that analysis to the department of regulatory agencies, which shall compile and summarize those analyses into one combined analysis of noncompliance with rules. The department of regulatory agencies shall include the compiled analysis in its departmental presentation to its oversight legislative committee of reference made pursuant to section 2-7-203 of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

Source: L. 2018: Entire section added, (HB 18-1250), ch. 195, p. 1286, § 1, effective August 8.

24-4-105. Hearings and determinations - repeal.

1. In order to assure that all parties to any agency adjudicatory proceeding are accorded due process of law, the provisions of this section shall be applicable.
2. 1. In any such proceeding in which an opportunity for agency adjudicatory hearing is required under the state constitution or by this or any other statute, the parties are entitled to a hearing and decision in conformity with this section. Any person entitled to notice of a hearing shall be given timely notice of the time, place, and nature thereof, the legal authority and jurisdiction under which it is to be held, and the matters of fact and law asserted. Unless otherwise provided by law, such notice shall be served personally or by mailing by first-class mail to the last address furnished the agency by the person to be notified at least thirty days prior to the hearing. In fixing the time and place for a hearing, due regard shall be had for the convenience and necessity of the parties and their representatives.
   2. Any person given such notice shall file a written answer thirty days after the service or mailing of such notice. If such person fails to answer, any agency, administrative law judge, or hearing officer, upon motion, may enter a default. For good cause shown, the entry of default may be set aside within ten days after the date of such entry.
   3. A person who may be affected or aggrieved by agency action shall be admitted as a party to the proceeding upon his filing with the agency a written request therefor, setting forth a brief and plain statement of the facts which entitle him to be admitted and the matters which he claims should be decided. Nothing in this subsection (2) shall prevent an agency from admitting any person or agency as a party to any agency proceeding for limited purposes.
3. At a hearing only one of the following may preside: The agency, an administrative law judge from the office of administrative courts, or, if otherwise authorized by law, a hearing officer who if authorized by law may be a member of the body which comprises the agency. Upon the filing in good faith by a party of a timely and sufficient affidavit of personal bias of an administrative law judge or a hearing officer or a member of the agency or the agency, the administrative law judge, hearing officer, or agency shall forthwith rule upon the allegations in such affidavit as part of the record in the case. An administrative law judge or a hearing officer may at any time withdraw if he or she deems himself or herself disqualified or for any other good reason in which case another administrative law judge or hearing officer may be assigned to continue the case, and he or she shall do so in such manner that no substantial prejudice to any party results therefrom. An agency or a member of an agency may withdraw for any like reason and in like manner, unless his or her withdrawal makes it impossible for the agency to render a decision.
4. 1. Any agency conducting a hearing, any administrative law judge, and any hearing officer shall have authority to: Administer oaths and affirmations; sign and issue subpoenas; rule upon offers of proof and receive evidence; dispose of motions relating to the discovery and production of relevant documents and things for inspection, copying, or photographing; regulate the course of the hearing, set the time and place for continued hearings, and fix the time for the filing of briefs and other documents; direct the parties to appear and confer to consider the simplification of the issues, admissions of fact or of documents to avoid unnecessary proof, and limitation of the number of expert witnesses; issue appropriate orders that shall control the subsequent course of the proceedings; dispose of motions to dismiss for lack of agency jurisdiction over the subject matter or parties or for any other ground; dispose of motions to amend or to dismiss without prejudice applications and other pleadings; dispose of motions to intervene, procedural requests, or similar matters; reprimand or exclude from the hearing any person for any improper or indecorous conduct in his or her presence; award attorney fees for abuses of discovery procedures or as otherwise provided under the Colorado rules of civil procedure; and take any other action authorized by agency rule consistent with this article 4 or in accordance, to the extent practicable, with the procedure in the district courts. All parties to the proceeding shall also have the right to cross-examine witnesses who testify at the proceeding. In the event more than one person engages in the conduct of a hearing, such persons shall designate one of their number to perform such of the above functions as can best be performed by one person only, and thereafter such person only shall perform those functions that are assigned to him or her by the several persons conducting such hearing.
   2. 1. 1. The general assembly hereby finds that the mediation process generally saves the state and the licensee time and money. Mediation takes much less time than moving a case through agency proceedings and judicial review. These cases typically take months or years to resolve, but mediation typically achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs. This benefits both the agency and the licensee, and because the result is attained by the parties working together, compliance with the mediated agreement is usually high. This further reduces costs because agencies do not have to pay an attorney or investigators to force compliance. (b) (I) (A) The general assembly hereby finds that the mediation process generally saves the state and the licensee time and money. Mediation takes much less time than moving a case through agency proceedings and judicial review. These cases typically take months or years to resolve, but mediation typically achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs. This benefits both the agency and the licensee, and because the result is attained by the parties working together, compliance with the mediated agreement is usually high. This further reduces costs because agencies do not have to pay an attorney or investigators to force compliance.
         2. The general assembly hereby declares that, in order to save time and money, the policy of Colorado is to use mediation whenever appropriate to settle disputes between agencies and licensees.
      2. Upon petition of the agency or licensee after the licensee has received the notice of hearing under subsection (2)(a) of this section, the hearing officer or administrative law judge shall order mediation between the agency and the licensee unless the license was summarily suspended in accordance with section 24-4-104 (4). When mediation is ordered, the agency shall:
         1. Assign a person with authority to make prehearing decisions concerning disposition of the matter to be present during meetings related to settlement communications or mediation communications and to be included in any material settlement communications with the licensee or the licensee's representative over the matter; and
         2. Upon the licensee's request, allow a private or public mediator chosen by the licensee to be present during meetings related to mediation and to be included in any material settlement communications with the licensee or the licensee's representative over the matter. If the mediator is privately retained, the licensee must pay the mediator's reasonable fees, and the agency need not pay the privately retained mediator's fees.
      3. To the extent feasible, for the purpose of carrying out this subsection (4):
         1. Administrative law judges shall make themselves available as public mediators without cost to the licensee;
         2. The members of any governing body that regulates the licensee shall make a member or other person available for mediation as a person with authority to make prehearing decisions concerning disposition of the matter.
      4. If an agency fails to comply with an order of mediation, a licensee adversely affected by the failure may petition the administrative law judge or hearing officer to suspend the proceedings and require compliance with the order, to be completed in good faith as soon as practicable, under the administrative law judge's or the hearing officer's supervision.
      5. If mediation fails, the agency shall notify the administrative law judge or the hearing officer, and the administrative law judge or the hearing officer shall lift the suspension and proceed with the hearing.
      6. When determining the place to hold the mediation, the agency shall give due consideration to the location of the licensee's occupation or residence, the availability of an administrative law judge to mediate, and the availability of a member of the governing body that regulates the licensee to be a person with authority to make prehearing decisions concerning disposition of the matter.
      7. This subsection (4)(b) applies only to agency proceedings that concern an individual who is licensed to practice an occupation or profession; except that this subsection (4)(b) does not apply to a commercial driver's license issued under part 4 of article 2 of title 42.
      8. This subsection (4)(b) does not apply if a license has been summarily suspended because the agency finds, in accordance with section 24-4-104 (4), that the licensee is guilty of a deliberate and willful violation or that the public health, safety, or welfare imperatively requires emergency action and incorporates the findings in the agency's order. Nothing in this subsection (4)(b) prohibits an agency and licensee from voluntarily agreeing to a mediation following a summary suspension.
      9. By January 1, 2022, the office of administrative courts and the division of professions and occupations in the department of regulatory agencies shall issue a joint report to the judiciary committee and the state, veterans, and military affairs committee of the house of representatives and the judiciary committee and the state, veterans, and military affairs committee of the senate or their successor committees. This subsection (4)(b)(IX) is repealed, effective July 1, 2022. The report must contain the following:
         1. The number of hearings affecting licenses held between July 1, 2016, and July 1, 2018;
         2. The number of hearings affecting licenses held between July 1, 2019, and July 1, 2021;
         3. The number of mediations held between July 1, 2016, and July 1, 2018;
         4. The number of mediations held between July 1, 2019, and July 1, 2021;
         5. The number of proceedings in which the licensee and agency agreed to settle the proceedings between July 1, 2016, and July 1, 2018; and
         6. The number of proceedings in which the licensee and agency agreed to settle the proceedings between July 1, 2019, and July 1, 2021.
5. Subpoenas shall be issued without discrimination between public and private parties by any agency or any member, the secretary, or chief administrative officer thereof or, with respect to any hearing for which an administrative law judge or a hearing officer has been appointed, the administrative law judge or the hearing officer. A subpoena shall be served in the same manner as a subpoena issued by a district court. Upon failure of any witness to comply with such subpoena, the agency may petition any district court, setting forth that due notice has been given of the time and place of attendance of the witness and the service of the subpoena; in which event, the district court, after hearing evidence in support of or contrary to the petition, may enter an order as in other civil actions compelling the witness to attend and testify or produce books, records, or other evidence, under penalty of punishment for contempt in case of contumacious failure to comply with the order of the court and may award attorney fees under the Colorado rules of civil procedure. A witness shall be entitled to the fees and mileage provided for a witness in a court of record.
6. No person engaged in conducting a hearing or participating in a decision or an initial decision shall be responsible to or subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigatory or prosecuting functions for the agency.
7. Except as otherwise provided by statute, the proponent of an order shall have the burden of proof, and every party to the proceeding shall have the right to present his case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Subject to these rights and requirements, where a hearing will be expedited and the interests of the parties will not be substantially prejudiced thereby, a person conducting a hearing may receive all or part of the evidence in written form. The rules of evidence and requirements of proof shall conform, to the extent practicable, with those in civil nonjury cases in the district courts. However, when necessary to do so in order to ascertain facts affecting the substantial rights of the parties to the proceeding, the person so conducting the hearing may receive and consider evidence not admissible under such rules if such evidence possesses probative value commonly accepted by reasonable and prudent men in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. The person conducting a hearing shall give effect to the rules of privilege recognized by law. He may exclude incompetent and unduly repetitious evidence. Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available; but, upon request, the party shall be given an opportunity to compare the copy with the original. An agency may utilize its experience, technical competence, and specialized knowledge in the evaluation of the evidence presented to it.
8. An agency may take notice of general, technical, or scientific facts within its knowledge, but only if the fact so noticed is specified in the record or is brought to the attention of the parties before final decision and every party is afforded an opportunity to controvert the fact so noticed.
9. 1. Any party, or the agent, servant, or employee of any party, permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of his or her own choosing and at his or her own expense, but a person may appear on their own behalf. An attorney who is a witness may not act as counsel for the party calling the attorney as a witness. Any party, upon payment of a reasonable charge therefor, shall be entitled to procure a copy of the transcript of the record or any part thereof. Any person permitted or compelled to testify or to submit data or evidence shall be entitled to the benefit of legal counsel of such person's own choosing and, upon payment of a reasonable charge therefor, to procure a copy of the transcript of such person's testimony if it is recorded.
   2. 1. Except as provided in subparagraph (III) of this paragraph (b), no attorney shall submit a document concerning an adjudicatory proceeding after January 1, 1994, unless such document is submitted on recycled paper. The provisions of this section shall apply to all papers appended to each such document.
      2. 1. Any state agency that adopts policies, procedures, rules, or regulations for the purpose of implementing the provisions of this section shall ensure that the conduct of state business is not impeded and that no person is denied access to the services or programs of a state agency as a result of such implementation.
         2. No document shall be refused by a state agency solely because it was not submitted on recycled paper.
      3. Nothing in this section shall be construed to apply to:
         1. Photographs;
         2. An original document that was prepared or printed prior to January 1, 1994;
         3. A document that was not created at the direction or under the control of the submitting attorney;
         4. Facsimile copies concerning an adjudicatory proceeding otherwise permitted to be filed in lieu of the original document; however, if the original is also required to be filed, such original shall be submitted in compliance with this section;
         5. Existing stocks of nonrecycled paper and preprinted forms acquired or printed prior to January 1, 1994.
      4. The provisions of this section shall not be applicable if recycled paper is not readily available.
      5. For purposes of this paragraph (b), unless the context otherwise requires:
         1. "Attorney" means an attorney-at-law admitted to practice law before any court of record in this state.
         2. "Document" means any pleading or any other paper submitted as an appendix to such pleading by an attorney, which document is required or permitted to be filed with a state agency concerning any action to be commenced or which is pending before such agency.
         3. "Recycled paper" means paper with not less than fifty percent of its total weight consisting of secondary and postconsumer waste and with not less than ten percent of such total weight consisting of postconsumer waste.
10. Every agency shall proceed with reasonable dispatch to conclude any matter presented to it with due regard for the convenience of the parties or their representatives, giving precedence to rehearing proceedings after remand by court order. Prompt notice shall be given of the refusal to accept for filing or the denial in whole or in part of any written application or other request made in connection with any agency proceeding or action, with a statement of the grounds therefor. Upon application made to any court of competent jurisdiction by a party to any agency proceeding or by a person adversely affected by agency action and a showing to the court that there has been undue delay in connection with such proceeding or action, the court may direct the agency to decide the matter promptly.
11. Every agency shall provide by rule for the entertaining, in its sound discretion, and prompt disposition of petitions for declaratory orders to terminate controversies or to remove uncertainties as to the applicability to the petitioners of any statutory provision or of any rule or order of the agency. The order disposing of the petition shall constitute agency action subject to judicial review.
12. Nothing in this article shall affect statutory powers of an agency to issue an emergency order where the agency finds and states of record the reasons for so finding that immediate issuance of the order is imperatively necessary for the preservation of public health, safety, or welfare and observance of the requirements of this section would be contrary to the public interest. Any person against whom an emergency order is issued, who would otherwise be entitled to a hearing pursuant to this section, shall be entitled upon request to an immediate hearing in accordance with this article, in which proceeding the agency shall be deemed the proponent of the order.
13. The administrative law judge or the hearing officer shall cause the proceedings to be recorded by a reporter or by an electronic recording device. When required, the administrative law judge or the hearing officer shall cause the proceedings, or any portion thereof, to be transcribed, the cost thereof to be paid by the agency when it orders the transcription or by any party seeking to reverse or modify an initial decision of the administrative law judge or the hearing officer. If the agency acquires a copy of the transcription of the proceedings, its copy of the transcription shall be made available to any party at reasonable times for inspection and study.
14. 1. For the purpose of a decision by an agency that conducts a hearing or an initial decision by an administrative law judge or a hearing officer, the record must include: All pleadings, applications, evidence, exhibits, and other papers presented or considered, matters officially noticed, rulings upon exceptions, any findings of fact and conclusions of law proposed by any party, and any written brief filed. The agency, administrative law judge, or hearing officer may permit oral argument. The agency, the administrative law judge, or the hearing officer shall not receive or consider ex parte material or representation of any kind offered without notice. The agency, an administrative law judge, or hearing officer, with the consent of all parties, may eliminate or summarize any part of the record where this may be done without affecting the decision. In any case in which the agency has conducted the hearing, the agency shall prepare, file, and serve upon each party its decision. In any case in which an administrative law judge or a hearing officer has conducted the hearing, the administrative law judge or the hearing officer shall prepare and file an initial decision that the agency shall serve upon each party, except where all parties with the consent of the agency have expressly waived their right to have an initial decision rendered by such administrative law judge or hearing officer. Each decision and initial decision must include a statement of findings and conclusions upon all the material issues of fact, law, or discretion presented by the record and the appropriate order, sanction, relief, or denial. An appeal to the agency must be made as follows:

       (I) With regard to initial decisions regarding agency action by the department of health care policy and financing, the state department of human services, or county department of human or social services, or any contractor acting for any such department, under section 26-1-106 (1)(a) or 25.5-1-107 (1)(a), by filing exceptions within fifteen days after service of the initial decision upon the parties, unless extended by the department of health care policy and financing, or the state department of human services, as applicable, or unless a review has been initiated in accordance with this subsection (14)(a)(I) upon motion of the applicable department within fifteen days after service of the initial decision. In the event a party fails to file an exception within fifteen days, the applicable department may allow, upon a showing of good cause by the party, for an extension of up to an additional fifteen days to reconsider the final agency action.

       (II) With regard to initial decisions regarding agency action of any other agency, by filing exceptions within thirty days after service of the initial decision upon the parties, unless extended by the agency or unless review has been initiated upon motion of the agency within thirty days after service of the initial decision.

    2. 1. In the absence of an exception filed pursuant to subparagraph (I) of paragraph (a) of this subsection (14), the executive director of the department of health care policy and financing shall review the initial decision regarding agency action by such department in accordance with a procedure adopted by the medical services board pursuant to section 25.5-1-107 (1), C.R.S.
       2. In the absence of an exception filed pursuant to subparagraph (I) of paragraph (a) of this subsection (14), the executive director of the state department of human services shall review the initial decision regarding agency action by such department in accordance with a procedure adopted by the state board of human services pursuant to section 26-1-106 (1), C.R.S.
       3. In the absence of an exception filed pursuant to subparagraph (II) of paragraph (a) of this subsection (14), the initial decision of any other agency shall become the decision of the agency, and, in such case, the evidence taken by the administrative law judge or the hearing officer need not be transcribed.
    3. Failure to file the exceptions prescribed in this subsection (14) shall result in a waiver of the right to judicial review of the final order of such agency, unless that portion of such order subject to exception is different from the content of the initial decision.
15. 1. Any party who seeks to reverse or modify the initial decision of the administrative law judge or the hearing officer shall file with the agency, within twenty days following such decision, a designation of the relevant parts of the record described in subsection (14) of this section and of the parts of the transcript of the proceedings which shall be prepared and advance the cost therefor. A copy of this designation shall be served on all parties. Within ten days thereafter, any other party or the agency may also file a designation of additional parts of the transcript of the proceedings which is to be included and advance the cost therefor. The transcript or the parts thereof which may be designated by the parties or the agency shall be prepared by the reporter or, in the case of an electronic recording device, the agency and shall thereafter be filed with the agency. No transcription is required if the agency's review is limited to a pure question of law. The agency may permit oral argument. The grounds of the decision shall be within the scope of the issues presented on the record. The record shall include all matters constituting the record upon which the decision of the administrative law judge or the hearing officer was based, the rulings upon the proposed findings and conclusions, the initial decision of the administrative law judge or the hearing officer, and any other exceptions and briefs filed.
    2. The findings of evidentiary fact, as distinguished from ultimate conclusions of fact, made by the administrative law judge or the hearing officer shall not be set aside by the agency on review of the initial decision unless such findings of evidentiary fact are contrary to the weight of the evidence. The agency may remand the case to the administrative law judge or the hearing officer for such further proceedings as it may direct, or it may affirm, set aside, or modify the order or any sanction or relief entered therein, in conformity with the facts and the law.
16. 1. Each decision and initial decision shall be served on each party by personal service or by mailing by first-class mail to the last address furnished the agency by such party and, except as provided in paragraph (b) of this subsection (16), shall be effective as to such party on the date mailed or such later date as is stated in the decision.
    2. Upon application by a party, and prior to the expiration of the time allowed for commencing an action for judicial review, the agency may change the effective date of a decision or initial decision.

Source: L. 59: p. 162, § 4. CRS 53: § 3-16-4. L. 61: p. 138, § 1. C.R.S. 1963: § 3-16-4. L. 69: p. 85, § 5. L. 76: (13) and (14) amended and (15) R&RE, pp. 583, 584, §§ 16, 17, effective May 24. L. 77: (14) amended, pp. 1137, 1145, §§ 2, 2, effective June 19. L. 81: (4) amended, p. 1134, § 3, effective June 6. L. 87: (3), (4), (5), (13), (14), and (15) amended, p. 961, § 66, effective March 13. L. 93: (14) amended, p. 426, § 3, effective April 19; (2), (4), (5), (14), (15)(a), and (16) amended, p. 1327, § 4, effective June 6; (9) amended, p. 624, § 3, effective July 1; (9)(b)(V)(B) amended, p. 1798, § 107, effective July 1. L. 94: (14)(a)(I) and (14)(b) amended, p. 2692, § 228, effective July 1. L. 95: (14)(a)(I) and (14)(b) amended, p. 902, § 1, effective May 25. L. 2005: (3) amended, p. 857, § 21, effective June 1. L. 2018: (4) amended, (HB 18-1224), ch. 288, p. 1780, § 2, effective May 29; IP(14)(a) and (14)(a)(I) amended, (SB 18-092), ch. 38, p. 440, § 96, effective August 8. L. 2019: (4)(b)(IX) amended, (SB 19-241), ch. 390, p. 3469, § 26, effective August 2.

Editor's note: Amendments to subsection (14) by Senate Bill 93-133 and House Bill 93-1001 were harmonized.

Cross references: (1) For mileage allowances and fees of witnesses, see §§ 13-33-102 and 13-33-103.

(2) For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

24-4-106. Judicial review.

1. In order to assure a plain, simple, and prompt judicial remedy to persons or parties adversely affected or aggrieved by agency actions, the provisions of this section shall be applicable.
2. Final agency action under this or any other law shall be subject to judicial review as provided in this section, whether or not an application for reconsideration has been filed, unless the filing of an application for reconsideration is required by the statutory provisions governing the specific agency. In the event specific provisions for rehearing as a basis for judicial review as applied to any particular agency are in effect on or after July 1, 1969, then such provisions shall govern the rehearing and appeal procedure, the provisions of this article to the contrary notwithstanding.
3. An action may be commenced in any court of competent jurisdiction by or on behalf of an agency for judicial enforcement of any final order of such agency. In any such action, any person adversely affected or aggrieved by such agency action may obtain judicial review of such agency action.
4. Except as provided in subsection (11) of this section, any person adversely affected or aggrieved by any agency action may commence an action for judicial review in the district court within thirty-five days after such agency action becomes effective; but, if such agency action occurs in relation to any hearing pursuant to section 24-4-105, then the person must also have been a party to such agency hearing. A proceeding for such review may be brought against the agency by its official title, individuals who comprise the agency, or any person representing the agency or acting on its behalf in the matter sought to be reviewed. The complaint shall state the facts upon which the plaintiff bases the claim that he or she has been adversely affected or aggrieved, the reasons entitling him or her to relief, and the relief which he or she seeks. Every party to an agency action in a proceeding under section 24-4-105 not appearing as plaintiff in such action for judicial review shall be made a defendant; except that, in review of agency actions taken pursuant to section 24-4-103, persons participating in the rule-making proceeding need not be made defendants. Each agency conducting a rule-making proceeding shall maintain a docket listing the name, address, and telephone number of every person who has participated in a rule-making proceeding by written statement, or by oral comment at a hearing. Any person who commences suit for judicial review of the rule shall notify each person on the agency's docket of the fact that a suit has been commenced. The notice shall be sent by first-class certified mail within fourteen days after filing of the action and shall be accompanied by a copy of the complaint for judicial review bearing the action number of the case. Thereafter, service of process, responsive pleadings, and other matters of procedure shall be controlled by the Colorado rules of civil procedure. An action shall not be dismissed for failure to join an indispensable party until an opportunity has been afforded to an affected party to bring the indispensable party into the action. The residence of a state agency for the purposes of this subsection (4) shall be deemed to be the city and county of Denver. In any action in which the plaintiff seeks judicial review of an agency decision made after a hearing as provided in section 24-4-105, the parties after issue is joined shall file briefs within the time periods specified in the Colorado appellate rules.

   (4.5) Subject to the limitation set forth in section 39-8-108 (2), C.R.S., the board of county commissioners of any county of this state may commence an action in the Denver district court within the time limit set forth in subsection (4) of this section for judicial review of any agency action which is directed to any official, board, or employee of such county or which involves any duty or function of any official, board, or employee of such county with the consent of said official, board, or employee, and to the extent that said official, board, or employee could maintain an action under subsection (4) of this section. In addition, in any action brought against any official, board, or employee of a county of this state for judicial enforcement of any final order of any agency, the defendant official, board, or employee may obtain judicial review of such agency action. In any such action for judicial review, the county official, board, or employee shall not be permitted to seek temporary or preliminary injunctive relief pending a final decision on the merits of its claim.

   (4.7) The county clerk and recorder of any county may commence an action under this section in the Denver district court for judicial review of any final action issued by the secretary of state arising under the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S. In any such action, the county clerk and recorder may seek temporary or preliminary injunctive relief pending a final decision on the merits of the claim as permitted under this section.

5. Upon a finding that irreparable injury would otherwise result, the agency, upon application therefor, shall postpone the effective date of the agency action pending judicial review, or the reviewing court, upon application therefor and regardless of whether such an application previously has been made to or denied by any agency, and upon such terms and upon such security, if any, as the court shall find necessary and order, shall issue all necessary and appropriate process to postpone the effective date of the agency action or to preserve the rights of the parties pending conclusion of the review proceedings.
6. In every case of agency action, the record, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the agency, rulings upon exceptions, and the decision, findings, and action of the agency. Any person initiating judicial review shall designate the relevant parts of such record and advance the cost therefor. As to alleged errors, omissions, and irregularities in the agency record, evidence may be taken independently by the court.
7. 1. If the court finds no error, it shall affirm the agency action.
   2. The court shall hold unlawful and set aside the agency action and shall restrain the enforcement of the order or rule under review, compel any agency action to be taken that has been unlawfully withheld or unduly delayed, remand the case for further proceedings, and afford other relief as may be appropriate if the court finds that the agency action is:
      1. Arbitrary or capricious;
      2. A denial of statutory right;
      3. Contrary to constitutional right, power, privilege, or immunity;
      4. In excess of statutory jurisdiction, authority, purposes, or limitations;
      5. Not in accord with the procedures or procedural limitations of this article 4 or as otherwise required by law;
      6. An abuse or clearly unwarranted exercise of discretion;
      7. Based upon findings of fact that are clearly erroneous on the whole record;
      8. Unsupported by substantial evidence when the record is considered as a whole; or
      9. Otherwise contrary to law, including failing to comply with section 24-4-104 (3)(a) or 24-4-105 (4)(b).
   3. In making the findings specified in this subsection (7), the court shall review the whole record or portions of the record cited by any party.
   4. In all cases under review, the court shall determine all questions of law and interpret the statutory and constitutional provisions involved and shall apply the interpretation to the facts duly found or established.
8. Upon a showing of irreparable injury, any court of competent jurisdiction may enjoin at any time the conduct of any agency proceeding in which the proceeding itself or the action proposed to be taken therein is clearly beyond the constitutional or statutory jurisdiction or authority of the agency. If the court finds that any proceeding contesting the jurisdiction or authority of the agency is frivolous or brought for the purpose of delay, it shall assess against the plaintiff in such proceeding costs and a reasonable sum for attorney fees (or an equivalent sum in lieu thereof) incurred by other parties, including the state.
9. The decision of the district court shall be subject to appellate review as may be permitted by law or the Colorado appellate rules, but a notice of intent to seek appellate review must be filed with the district court within forty-nine days after its decision becomes final. If no notice of intent to seek appellate review is filed with the trial court within forty-nine days after its decision becomes final, the trial court shall immediately return to the agency its record. Upon disposition of a case in an appellate court which requires further proceedings in the trial court, the agency's record shall be returned to the trial court. On final disposition of the case in the appellate court when no further proceedings are necessary or permitted in the trial court, the agency's record shall be returned by the appellate court to the agency with notice of such disposition to the trial court or to the trial court, in which event the agency's record shall be returned by the trial court to the agency.
10. In any judicial review of agency action, the district court or the appellate court shall advance on the docket any case which in the discretion of the court requires acceleration.
11. 1. Whenever judicial review of any agency action is directed to the court of appeals, the provisions of this subsection (11) shall be applicable except for review of orders of the industrial claim appeals office.
    2. Such proceeding shall be commenced by the filing of a notice of appeal with the court of appeals within forty-nine days after the date of the service of the final order entered in the action by the agency, together with a certificate of service showing service of a copy of said notice of appeal on the agency and on all other persons who have appeared as parties to the action before the agency. The date of service of an order is the date on which a copy of the order is delivered in person or, if service is by mail, the date of mailing.
    3. The record on appeal shall conform to the provisions of subsection (6) of this section. The designation and preparation of the record and its transmission to the court of appeals shall be in accordance with the Colorado appellate rules. A request for an extension of time to transmit the record shall be made to the court of appeals and may be granted only by that court.
    4. The docketing of the appeal and all procedures thereafter shall be as set forth in the Colorado appellate rules. The agency shall not be required to pay a docket fee. All persons who have appeared as parties to the action before the agency who are not designated as appellants shall, together with the agency, be designated as appellees.
    5. The standard for review as set forth in subsection (7) of this section shall apply to appeals brought under this subsection (11).

Source: L. 59: p. 164, § 5. CRS 53: § 3-16-5. C.R.S. 1963: § 3-16-5. L. 69: pp. 89, 268, §§ 6, 2. L. 76: (4) amended, p. 584, § 18, effective May 24. L. 79: (4.5) added, p. 843, § 2, effective May 26. L. 81: (4) amended and (11) added, pp. 890, 1134, 1142, §§ 4, 4, 1, effective July 1. L. 86: (11)(a) amended, p. 498, § 117, effective July 1. L. 87: (9) amended, p. 921, § 1, effective June 20. L. 93: (6) amended, p. 1330, § 5, effective June 6. L. 2012: (4) amended, (SB 12-175), ch. 208, p. 880, § 144, effective July 1. L. 2013: (9) and (11)(b) amended, (HB 13-1126), ch. 58, p. 192, § 5, effective July 1. L. 2014: (4.7) added, (HB 14-1354), ch. 159, p. 553, § 2, effective May 9. L. 2018: (7) amended, (HB 18-1224), ch. 288, p. 1783, § 3, effective May 29.

24-4-107. Application of article.

This article applies to every agency of the state having statewide territorial jurisdiction except those in the legislative or judicial branches, courts-martial, military commissions, and arbitration and mediation functions. It applies to every other agency to which it is made to apply by specific statutory reference; but, where there is a conflict between this article and a specific statutory provision relating to a specific agency, such specific statutory provision shall control as to such agency.

Source: L. 59: p. 166, § 6. CRS 53: § 3-16-6. C.R.S. 1963: § 3-16-6. L. 69: p. 91, § 7.

24-4-108. Legislative consideration of rules.

1. Unless extended by the general assembly acting by bill, all of the rules and regulations of the principal departments shall expire on the dates specified in this section.
2. The rules and regulations of the following principal departments shall expire on July 1, 1980:
   3. Repealed.
3. The rules and regulations of the following principal departments shall expire on July 1, 1981:
   4. Repealed.
4. The rules and regulations of the following principal departments shall expire on July 1, 1982:
   3. Repealed.
5. The rules and regulations of the following principal departments shall expire on July 1, 1983:
   4. Repealed.
6. The rules and regulations of the following principal departments shall expire on July 1, 1984:
   1. Department of the treasury;
   2. Repealed.
   3. Office of state planning and budgeting;
   8. Repealed.

   (6.1) Repealed.

7. The general assembly, in its discretion, may postpone by bill the expiration of rules and regulations, or any portion thereof. Nothing in this section shall prohibit any action by the general assembly pursuant to section 24-4-103 (8)(d). The postponement of the expiration of a rule shall not constitute legislative approval of the rule nor be admissible in any court as evidence of legislative intent. The committee on legal services is authorized to establish procedures for the implementation of review of rules and regulations contemplated by this section including, but not limited to, a procedure for annual review of rules and regulations which may conflict with statutes or statutory changes adopted subsequent to review of a department's rules and regulations pursuant to this section.
8. This section does not apply to rules of an agency in the department of regulatory agencies, which rules are subject to the provisions of section 24-34-104 (6)(b).

Source: L. 79: Entire section added, p. 846, § 3, effective July 1. L. 80: (2)(c) repealed, p. 289, § 3, effective April 13; (2)(b) repealed, p. 292, § 3, effective April 16; (6)(g) added and (2)(a) repealed, p. 287, §§ 2, 3, effective April 16. L. 81: (3)(a) repealed and (6.1) added, p. 1148, §§ 3, 2, effective April 24; (3)(d) repealed and (6.1) added, p. 1149, §§ 3, 2, effective May 28; (3)(b) repealed, p. 272, § 2, effective June 5; (7) amended and (3)(c), (6)(f), (6)(g), (6)(h), and (6.1) repealed, pp. 1145, 1146, §§ 1, 7, effective July 1; (8) amended, p. 1178, § 7, effective July 1. L. 82: (4)(a) repealed, p. 199, § 2, effective March 11; (4)(b) repealed, p. 201, § 2, effective April 27; (4)(c) repealed, p. 203, § 2, effective March 13. L. 83: (5)(b) repealed, p. 304, § 2, effective May 20; (5)(a) repealed, p. 306, § 2, effective May 25; (5)(c) repealed, p. 309, § 2, effective May 26; (5)(d) repealed, p. 308, § 2, effective June 1. L. 84: (6)(b) repealed, p. 260, § 2, effective March 29; (6)(e) repealed, p. 259, § 2, effective April 5; (6)(d) repealed, p. 258, § 2, effective April 9. L. 2016: (8) amended, (HB 16-1192), ch. 83, p. 234, § 16, effective April 14.

24-4-109. State engagement of disproportionately impacted communities - definitions - repeal.

1. Goal. The goal of outreach to and engagement of disproportionately impacted communities is to build trust and transparency, provide meaningful opportunities to influence public policy, and modify proposed state action in response to received public input to decrease environmental burdens or increase environmental benefits for each disproportionately impacted community.
2. Definitions.
   1. 1. The environmental justice action task force created in section 25-1-133 will recommend to the general assembly potential modifications to the definitions established in this subsection (2). The definitions established in this subsection (2) apply unless and until the general assembly acts by bill to modify one or more of the definitions.
      2. This subsection (2)(a) is repealed, effective September 1, 2024.
   2. As used in this section and sections 25-1-133, 25-1-134, and 25-7-105 (1)(e), unless the context otherwise requires:
      1. "Agency" means the air quality control commission created in section 25-7-104.
      2. "Disproportionately impacted community" means a community that is in a census block group, as determined in accordance with the most recent United States census, where the proportion of households that are low income is greater than forty percent, the proportion of households that identify as minority is greater than forty percent, or the proportion of households that are housing cost-burdened is greater than forty percent; or is any other community as identified or approved by a state agency, if: The community has a history of environmental racism perpetuated through redlining, anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black laws; or the community is one where multiple factors, including socioeconomic stressors, disproportionate environmental burdens, vulnerability to environmental degradation, and lack of public participation, may act cumulatively to affect health and the environment and contribute to persistent disparities. As used in this subsection (2)(b)(II), "cost-burdened" means a household that spends more than thirty percent of its income on housing, and "low income" means the median household income is less than or equal to two hundred percent of the federal poverty guideline.
      3. "Proposed state action" means:
         1. Rule-making proceedings held pursuant to section 24-4-103;
         2. Licensing proceedings, including the issuance and renewal of permits, held pursuant to section 24-4-104; and
         3. Adjudicatory hearings held pursuant to section 24-4-105.
3. Engagement.
   1. To promote the goal of state engagement of disproportionately impacted communities, an agency shall strive to create new ways to gather input from communities across the state, using multiple languages and multiple formats and transparently sharing information about adverse environmental effects from its proposed state action.
   2. When conducting outreach to and engagement of disproportionately impacted communities regarding a proposed state action, the agency shall:
      1. Schedule variable times of day and days of the week for opportunities for public input on the proposed state action, including at least one weekend time, one evening time, and one morning time for public input;
      2. Provide notice at least thirty days before any public input opportunity or before the start of any public comment period;
      3. Utilize several different methods of outreach and ways to publicize the proposed state action, including disseminating information through schools, clinics, social media, social and activity clubs, local governments, tribal governments, libraries, religious organizations, civic associations, community-based environmental justice organizations, or other local services;
      4. Provide several methods for the public to give input, such as in-person meetings, virtual and online meetings, online comment portals or e-mail, and call-in meetings;
      5. Consider using a variety of locations for public input on the proposed state action, including meeting locations in urban centers, in neighborhoods whose populations are predominantly Black, Indigenous, or people of color and have an average income below the state's average, and in rural locations in various regions of the state; and
      6. Create outreach materials concerning the proposed state action in layperson's terms, translated into the top two languages spoken in a community, that inform people of opportunities to provide input on the proposed state action, their rights, the possible outcomes, and the upcoming public input process.
4. The division of parks and wildlife created in section 33-9-104 shall, in conducting public outreach regarding the keep Colorado wild pass pursuant to section 33-12-108 (7):
   1. Include outreach to and engagement of disproportionately impacted communities with a goal to build trust and transparency, provide meaningful opportunities to influence public policy, and modify proposed state action in response to public input received to decrease environmental burdens or increase environmental benefits for each disproportionately impacted community; and
   2. Engage disproportionately impacted communities in accordance with the procedures set forth in subsection (3) of this section.

Source: L. 2021: Entire section added, (HB 21-1266), ch. 411, p. 2725, § 3, effective July 2; (4) added, (SB 21-249), ch. 273, p. 1587, § 2, effective September 7.

Editor's note: (1) Section 24 of chapter 411 (HB 21-1266), Session Laws of Colorado 2021, provides that the act adding this section applies to conduct occuring on or after July 2, 2021.

(2) Section 11(3) of chapter 273 (SB 21-249), Session Laws of Colorado 2021, provides that the act adding subsection (4) of this section applies to conduct occuring on or after September 7, 2021.

Cross references: For the short title ("Environmental Justice Act") and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

24-4-201. Definitions.

As used in this part 2, unless the context otherwise requires:

1. "Authority to practice" or "authorized to practice" means the holding of a currently valid license to practice in an occupation or a currently valid certification or registration necessary to practice in an occupation if the person is licensed, certified, or registered.
2. "Military occupational specialty" means the category or categories of special duties a member of the United States armed forces is trained to perform.
3. "Occupation" means an occupation or profession that is licensed, certified, or registered under state statute.
4. "State agency" means any department, division, board, or other agency of the state of Colorado that certifies, licenses, or registers an occupation.

Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 675, § 2, effective August 10.

24-4-202. Legislative declaration - reports - repeal.

1. The general assembly intends that:
   1. Each state agency that authorizes more than ten occupations to practice or oversees other agencies that authorize more than ten occupations to practice should have implemented this part 2 for:
      1. At least twenty-five percent of the occupations by December 30, 2018;
      2. At least fifty percent of the occupations by December 30, 2020; and
      3. All of the occupations by December 30, 2022;
   2. Each state agency that authorizes ten or fewer occupations to practice or oversees other agencies that authorize ten or fewer occupations to practice should have implemented this part 2 for:
      1. At least fifty percent of the occupations by December 30, 2018; and
      2. All of the occupations by December 30, 2020.
2. 1. Notwithstanding section 24-1-136 (11), each state agency that authorizes an occupation to practice shall provide by June 30, 2017, and by June 30 of each year thereafter until June 30, 2023, a written report of its progress in implementing this part 2 to each member of: The general assembly; the business affairs and labor committee of the house of representatives; the business, labor, and technology committee of the senate; the state, veterans, and military affairs committees of the house of representatives and the senate, or their successor committees.
   2. This subsection (2) is repealed, effective July 1, 2023.

Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 675, § 2, effective August 10.

24-4-203. Evaluation and implementation.

1. Each agency shall:
   1. Document the following results and publish a summary of pathways available to a veteran to obtain authorization to practice an occupation:
      1. Evaluate the extent to which military training meets all or part of the state requirements to be authorized to practice an occupation;
      2. Identify reciprocity mechanisms with other states; and
      3. Determine if an occupational exam is available to authorize a veteran to practice an occupation;
   2. Consult with community colleges and other post-secondary educational institutions with regard to:
      1. Courses or programs to cover the gap between military occupational specialty training and the training required to be authorized to practice an occupation; and
      2. Refresher courses for the reinstatement of lapsed civilian credentials; and
   3. Consider adopting a national credentialing exam.

Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 676, § 2, effective August 10.

24-4-204. Consultation - cooperation.

1. Each state agency may consult with any federal or state military official or agency, state agency, or post-secondary educational institution to determine how best to implement this part 2.
2. Nothing in this part 2 gives a state agency authority to determine curriculum, programs, or courses offered at any post-secondary education institution.

Source: L. 2016: Entire part added, (HB 16-1197), ch. 190, p. 676, § 2, effective August 10.

24-4.1-100.1. Short title.

This part 1 shall be known and may be cited as the "Colorado Crime Victim Compensation Act".

Source: L. 82: Entire section added, p. 364, § 1, effective March 22. L. 84: Entire section amended, p. 657, § 5, effective May 14.

24-4.1-101. Legislative declaration.

The general assembly hereby finds that an effective criminal justice system requires the protection and assistance of victims of crime and members of the immediate families of such victims in order to preserve the individual dignity of victims and to encourage greater public cooperation in the apprehension and prosecution of criminal defendants. The general assembly hereby intends to provide protection and assistance to victims and members of the immediate families of such victims by declaring and implementing the rights of such persons and by lessening the financial burden placed upon victims due to the commission of crimes. This article shall be liberally construed to accomplish such purposes.

Source: L. 81: Entire article added, p. 1135, § 5, effective July 1. L. 92: Entire section amended, p. 415, § 1, effective January 14, 1993.

Cross references: For constitutional provisions relating to the rights of crime victims, see § 16a of article II, Colo. Const.; for statutory provisions relating to the rights of victims of and witnesses to crimes, see part 3 of this article.

24-4.1-102. Definitions.

As used in this part 1, unless the context otherwise requires:

1. "Applicant" means any victim of a compensable crime who applies to the fund for compensation under this part 1. In the case of such victim's death, the term includes any person who was his dependent at the time of the death of that victim.

   (1.3) "Assault by strangulation" means assault as described in section 18-3-202 (1)(g) or 18-3-203 (1)(i).

2. "Board" means the crime victim compensation board in each judicial district.
3. "Child" means an unmarried person who is under eighteen years of age. The term includes a posthumous child, a stepchild, or an adopted child.
4. 1. "Compensable crime" means:
      1. An intentional, knowing, reckless, or criminally negligent act of a person or any act in violation of section 42-4-1301 (1) or (2), C.R.S., that results in residential property damage to or bodily injury or death of another person or results in loss of or damage to eyeglasses, dentures, hearing aids, or other prosthetic or medically necessary devices and which, if committed by a person of full legal capacity, is punishable as a crime in this state; or
      2. An act in violation of section 42-4-1402, C.R.S., that results in the death or bodily injury of another person or section 42-4-1601, C.R.S., where the accident results in the death or bodily injury of another person.
   2. "Compensable crime" includes federal offenses that are comparable to those specified in paragraph (a) of this subsection (4) and are committed in this state.
5. 1. "Dependent" means relatives of a deceased victim who, wholly or partially, were dependent upon the victim's income at the time of death or would have been so dependent but for the victim's incapacity due to the injury from which the death resulted.
   2. "Dependent" also means the child or spouse of the accused or other person in an intimate relationship, as defined in section 18-6-800.3, C.R.S., with the accused, if the accused provided household support to the dependent.
6. "Economic loss" means economic detriment consisting only of allowable expense, net income, replacement services loss, and, if injury causes death, dependent's economic loss. The term does not include noneconomic detriment.
7. "Fund" means the crime victim compensation fund as established in each judicial district.

   (7.5) "Household support" means the monetary support that a dependent would have received from the accused for the purpose of maintaining a home or residence.

8. "Injury" means impairment of a person's physical or mental condition and includes pregnancy.
   1. (8.5) (a) "Property damage" means damage to windows, doors, locks, or other security devices of a residential dwelling and includes damage to a leased residential dwelling.
   2. "Property damage" also includes expenses related to the rekeying of a motor vehicle or other locks necessary to ensure a victim's safety.
9. "Relative" means a victim's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or spouse's parents. The term includes said relationships that are created as a result of adoption. In addition, "relative" includes any person who has a family-type relationship with a victim.
10. 1. "Victim" means any of the following persons who suffer property damage, economic loss, injury, or death as a result of a compensable crime perpetrated or attempted in whole or in part in this state:
       1. Any person against whom a compensable crime is perpetrated or attempted. Such person shall be referred to as a "primary victim".
       2. Any person who attempts to assist or assists a primary victim;
       3. Any person who is a relative of a primary victim.
    2. "Victim" also means a person who suffers injury or death, the proximate cause of which is a compensable crime perpetrated or attempted in the person's presence against a primary victim.
    3. "Victim" also means a person who is a resident of this state and who is a victim of a crime that occurred outside of this state, where the crime would be a compensable crime had it occurred in this state and where the state or country in which the crime occurred does not have a crime victim compensation program for which the person would be eligible.
    4. "Victim" also means a person who is a resident of this state who is injured or killed by an act of international terrorism, as defined in 18 U.S.C. sec. 2331, committed outside of the United States.

Source: L. 81: Entire article added, p. 1135, § 5, effective July 1. L. 83: (4) and (10) amended and (8.5) added, pp. 669, 854, 1648, §§ 16, 1, 19, effective July 1. L. 84: IP(1) and (1) amended, p. 657, § 6, effective May 14. L. 85: (1) and (6) amended, p. 792, § 1, effective April 11. L. 90: (10) amended, p. 1179, § 1, effective July 1. L. 94: (4) amended, p. 2555, § 50, effective January 1, 1995. L. 95: (8) to (10) amended, p. 1400, § 1, effective July 1. L. 97: (4) and (10)(c) amended and (10)(d) added, p. 1560, § 3, effective July 1. L. 98: (10)(d) amended, p. 517, § 1, effective April 30. L. 99: (10)(d) amended, p. 58, § 10, effective March 15. L. 2015: (4)(a)(II), (5), and (8.5) amended and (7.5) added, (HB 15-1035), ch. 60, p. 143, § 1, effective March 30. L. 2021: (1.3) added, (HB 21-1165), ch. 129, p. 520, § 2, effective May 10.

Cross references: For the legislative declaration in HB 21-1165, see section 1 of chapter 129, Session Laws of Colorado 2021.

24-4.1-103. Crime victim compensation board - creation.

1. There is hereby created in each judicial district a crime victim compensation board. Each board shall be composed of three members to be appointed by the district attorney. The district attorney shall designate one of the members as chairman. To the extent possible, members shall fairly reflect the population of the judicial district.
2. The term of office of each member of the board shall be three years; except that, of those members first appointed, one shall be appointed for a three-year term, one for a two-year term, and one for a one-year term. All vacancies, except through the expiration of term, shall be filled for the unexpired term only. Each member may be reappointed once and serve two consecutive terms. A person may be reappointed to the board thereafter if it has been at least one year since such person served on the board.
3. Members of the board shall receive no compensation but are entitled to be reimbursed for travel expenses at the rate authorized for state employees.

Source: L. 81: Entire article added, p. 1136, § 5, effective July 1. L. 90: (2) amended, p. 1179, § 2, effective July 1.

24-4.1-104. District attorney to assist board.

The district attorney and his legal and administrative staff shall assist the board in the performance of its duties pursuant to this part 1.

Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 657, § 7, effective May 14.

24-4.1-105. Application for compensation.

1. A person who may be eligible for compensation under this part 1 may apply to the board in the judicial district in which the crime was committed. In a case in which the person entitled to apply is a minor, the application may be made on his behalf by his parent or guardian. In a case in which the person entitled to apply is mentally incompetent, the application may be made on his behalf by his parent, conservator, or guardian or by any other individual authorized to administer his estate.
2. 1. In order to be eligible for compensation under this part 1, the applicant shall submit reports, if reasonably available, from any physician who has treated or examined the victim at the time of or subsequent to the victim's injury or death. The report shall be in relation to the injury for which compensation is claimed. If, in the opinion of the board, reports on the previous medical history of the victim, a report on the examination of the injured victim, or the report on the cause of death of the victim by a medical expert would be of material aid to its determination, the board may order the reports.
   2. In order to be eligible for compensation for property damage under this part 1, the applicant shall submit a report or case number, if reasonably available, from a law enforcement agency which shall set forth the nature of the property damage which is the result of a compensable crime.
3. If the applicant makes any false statement as to a material fact, he shall be ineligible for an award pursuant to this part 1.

Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 83: (2) amended, p. 669, § 17, effective July 1. L. 84: Entire section amended, p. 657, § 8, effective May 14.

24-4.1-106. Hearings.

1. The board, in its discretion, may conduct a hearing upon any application submitted to it. All hearings conducted by the board and appeals therefrom shall be held pursuant to sections 24-4-105 and 24-4-106.
2. The burden of proof is upon the applicant to show that the claim is reasonable and is compensable under the terms of this part 1. The standard of proof is by a preponderance of the evidence.
3. If a person has been convicted of an offense with respect to an act on which a claim is based, proof of that conviction shall be taken as conclusive evidence that the offense has been committed, unless an appeal or a proceeding with regard to it is pending. The fact that the identity of the assailant is unknown or that the assailant has not been prosecuted or convicted shall not raise a presumption that the claim is invalid.
4. Orders and decisions of the board are final.
5. Review of an order or decision of the board may be made in accordance with the Colorado rules of civil procedure.

Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 658, § 9, effective May 14.

24-4.1-107. Regulations.

In the performance of its functions, the board, pursuant to article 4 of this title, is authorized to make, rescind, and amend regulations prescribing the procedures to be followed in the filing of applications and in proceedings under this part 1.

Source: L. 81: Entire article added, p. 1137, § 5, effective July 1. L. 84: Entire section amended, p. 658, § 10, effective May 14.

24-4.1-107.5. Confidentiality of materials - definitions.

1. For purposes of this section, unless the context otherwise requires:
   1. "In camera review" means the judge views the material in private, without either party present.
   2. "Materials" means any records, claims, writings, documents, or information.
2. Any materials received, made, or kept by a board or a district attorney to process a claim on behalf of a crime victim under this article are confidential. The district attorney shall have standing in any action to oppose the disclosure of any such materials. A board shall not provide through discovery in any civil or criminal action any exhibits, medical records, psychological records, counseling records, work records, criminal investigation records, criminal court case records, witness statements, telephone records, and other records of any type or nature whatsoever gathered for the purpose of evaluating whether to compensate a victim except:
   1. In the event of the review by the court of an order or decision of the board pursuant to section 24-4.1-106, and then only to the extent narrowly and necessary to obtain court review; or
   2. Upon a strict showing to the court in a separate civil or a criminal action that particular information or documents are known to exist only in board records. The court may inspect in camera such records to determine whether the specific requested information exists. If the court determines that the specific information sought exists in the board's records, the documents may then be released only by court order if the court finds as part of its order that the documents will not pose any threat to the safety or welfare of the victim or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right.
3. In a proceeding for determining the amount of restitution, if the defendant's request is not speculative and is based on an evidentiary hypothesis that warrants an in camera review to rebut the presumption established in section 18-1.3-603, C.R.S., the court may release additional information contained in the records of the board only after an in camera review and additionally finding that the information:
   1. Is necessary for the defendant to dispute the amount claimed for restitution; and
   2. Will not pose any threat to the safety or welfare of the victim, or any other person whose identity may appear in the board's records, or violate any other privilege or confidentiality right.

Source: L. 2000: Entire section added, p. 242, § 7, effective March 29. L. 2015: Entire section amended, (HB 15-1035), ch. 60, p. 144, § 2, effective March 30.

24-4.1-108. Awarding compensation.

1. A person is entitled to an award of compensation under this part 1 if:
   1. The person is a victim or a dependent of a victim or a successor in interest under the "Colorado Probate Code" of a victim of a compensable crime which was perpetrated on or after July 1, 1982, and which resulted in a loss;
   2. The appropriate law enforcement officials were notified of the perpetration of the crime allegedly causing the death of or injury to the victim within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification;
   3. The applicant has cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant, or the board has found good cause exists for the failure to cooperate, or, if the applicant is a victim of assault by strangulation, the applicant cooperates with law enforcement by undergoing a medical forensic examination;
   4. Repealed.
   5. The death of or injury to the victim was not substantially attributable to his wrongful act or substantial provocation of his assailant; and
   6. The application for an award of compensation under this part 1 is filed with the board within one year of the date of injury to the victim or within such further extension of time as the board, for good cause shown, allows. For purposes of this paragraph (f), "good cause" may include but is not limited to circumstances in which a crime has remained unsolved for more than one year.

   (1.5) A person is entitled to an award of compensation for property damage under this part 1 if:

   1. The person is a victim of a compensable crime which was perpetrated on or after July 1, 1983, and which resulted in property damage;
   2. The appropriate law enforcement officials were notified of the perpetration of the crime causing property damage within seventy-two hours after its perpetration, unless the board finds good cause exists for the failure of notification;
   3. The applicant has cooperated fully with law enforcement officials in the apprehension and prosecution of the assailant or the board has found good cause exists for the failure to cooperate; and
   4. The application for an award of compensation for property damage under this part 1 is filed with the board within six months of the date of property damage or within such further extension of time as the board, for good cause shown, allows.
2. The board may waive any of the requirements set forth in this section, or the limitations set forth in section 24-4.1-109 (1), or order a denial or reduction of an award if, in the interest of justice, it is so required.
3. Upon a finding by the board that compensation should be awarded, the board shall submit a statement of award to the court administrator who shall remit payment in accordance with the statement of award.
4. Consistent with approved standards established pursuant to section 24-4.1-117.3 (3) for the administration of crime victim compensation funds, the board may develop policies to ensure that primary victims are compensated and to ensure that available moneys in the fund are not exceeded.

Source: L. 81: Entire article added, p. 1138, § 5, effective July 1. L. 83: (2)(a) and (1)(f) amended and (1.5) added, pp. 668, 669, 854, §§ 14, 18, 2, effective July 1. L. 84: IP(1), (1)(f), IP(1.5), and (1.5)(d) amended, pp. 658, 1120, §§ 11, 20, effective May 14. L. 85: (2) amended, p. 792, § 2, effective April 11. L. 89: (1)(d) repealed, p. 1016, § 3, effective April 23. L. 95: (4) added, p. 1401, § 2, effective July 1. L. 2009: (4) amended, (SB 09-047), ch. 129, p. 556, § 4, effective July 1. L. 2012: (1)(f) amended, (HB 12-1053), ch. 244, p. 1158, § 4, effective August 8. L. 2021: (1)(c) amended, (HB 21-1165), ch. 129, p. 520, § 3, effective May 10.

Cross references: (1) For the "Colorado Probate Code", see articles 10 to 17 of title 15.

(2) For the legislative declaration in HB 21-1165, see section 1 of chapter 129, Session Laws of Colorado 2021.

24-4.1-109. Losses compensable.

1. L osses compensable under this part 1 resulting from death of or injury to a victim include:
   1. Reasonable medical and hospital expenses and expenses incurred for dentures, eyeglasses, hearing aids, or other prosthetic or medically necessary devices;
   2. L oss of earnings;
   3. Outpatient care;
   4. Homemaker and home health services;
   5. Burial expenses;
   6. Loss of support to dependents;
   7. Mental health counseling;
   8. Household support; except that household support is only available to a dependent when:
      1. The offender is accused of committing the criminally injurious conduct that is the basis of the dependent's claim under this article;
      2. As a result of the criminal event, the offender vacated any home the offender shared with the dependent; and
      3. The dependent provides verification of dependency on the offender at the time of the criminal event.
   1. (1.5) (a) Losses compensable under this part 1 resulting from property damage include:
      1. 1. Repair or replacement of property damaged as a result of a compensable crime; or
         2. Payment of the deductible amount on a residential insurance policy;
      2. Any modification to the victim's residence that is necessary to ensure victim safety; and
      3. The rekeying of a motor vehicle or other lock that is necessary to ensure the victim's safety.
   2. (Deleted by amendment, L. 98, p. 517, § 2, effective April 30, 1998.)
2. Compensable losses do not include:
   1. Pain and suffering or property damage other than residential property damage or rekeying a lock pursuant to subparagraph (III) of paragraph (a) of subsection (1.5) of this section; or
   2. Aggregate damages to the victim or to the dependents of a victim exceeding thirty thousand dollars.
   3. Repealed.

Source: L. 81: Entire article added, p. 1138, § 5, effective July 1. L. 83: (2)(a) and (2)(b) amended and (1.5) added, pp. 670, 854, §§ 19, 3, effective July 1. L. 84: Entire section amended, p. 659, § 12, effective May 14. L. 85: (1)(g) added, p. 792, § 3, effective June 6. L. 89: (1.5)(a)(II) amended, p. 1016, § 1, effective April 23. L. 93: (2) amended, p. 2051, § 1, effective June 9. L. 98: (1.5) and (2)(b) amended, p. 517, § 2, effective April 30. L. 2015: (1)(h) and (1.5)(a)(III) added, (1.5)(a)(I)(B), (1.5)(a)(II), (2)(a), and (2)(b) amended, and (2)(c) repealed, (HB 15-1035), ch. 60, p. 145, § 3, effective March 30.

24-4.1-110. Recovery from collateral source.

1. The board shall deduct from compensation it awards under this part 1 any payments received by the applicant from the offender or from a person on behalf of the offender, from the United States or any state, or any subdivision or agency thereof, from a private source, or from an emergency award under this part 1 for injury or death compensable under this part 1, excluding death or pension benefits.
2. If compensation is awarded under this part 1 and the person receiving it also receives a collateral sum under subsection (1) of this section which has not been deducted from it, he shall refund to the board the lesser of the sums or the amount of compensation paid to him under this part 1 unless the aggregate of both sums does not exceed his losses. The fund shall be the payer of last resort.
3. If a defendant is ordered to pay restitution under article 18.5 of title 16, C.R.S., to a person who has received compensation awarded under this part 1, an amount equal to the compensation awarded shall be transmitted from such restitution to the board for allocation to the fund.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 83: Entire section amended, p. 670, § 20, effective July 1. L. 84: (1)(b) amended, p. 659, § 13, effective May 14. L. 98: (3) amended, p. 823, § 33, effective August 5. L. 2000: (3) amended, p. 1051, § 20, effective September 1. L. 2006: (2) amended, p. 422, § 5, effective April 13.

24-4.1-111. Compensation to relatives.

1. A relative of a victim, even though he was not a dependent of the victim, is eligible for compensation for reasonable medical or burial expenses for the victim, if:
   1. Such expenses were paid by him; and
   2. He files a claim in the manner provided in this part 1.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (1)(b) amended, p. 659, § 14, effective May 14.

24-4.1-112. Emergency awards.

1. The board may order an emergency award to the applicant pending a final decision in the claim if it appears to the board, prior to taking action upon the claim, that undue hardship will result to the applicant if immediate payment is not made. Awards pursuant to this section are intended to cover expenses incurred by crime victims in meeting their immediate short-term needs. The amount of such award shall not exceed two thousand dollars and shall be deducted from any final award made as a result of the claim.
2. If the amount of such emergency award exceeds the sum the board would have awarded pursuant to this part 1, such excess shall be repaid by the recipient.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (2) amended, p. 659, § 15, effective May 14. L. 98: (1) amended, p. 518, § 3, effective April 30. L. 2015: (1) amended, (HB 15-1035), ch. 60, p. 146, § 4, effective March 30.

24-4.1-113. Fees.

No fee may be charged to the applicant by the board in any proceeding under this article.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1.

24-4.1-114. Assignment, attachment, or garnishment of award.

No compensation payable under this article, prior to actual receipt thereof by the person or beneficiary entitled thereto or his legal representative, shall be assignable or subject to execution, garnishment, attachment, or any other process, including process to satisfy an order or judgment for support or alimony.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1.

24-4.1-114.5. Limitations on characterization of award as income.

No compensation payable to an applicant under this part 1 shall be included in the applicant's income for purposes of the Colorado income tax imposed in article 22 of title 39, C.R.S.; nor shall it be considered as income, property, or support for the purposes of determining the eligibility of the applicant for public assistance or the amount of assistance payments pursuant to section 26-2-108, C.R.S.

Source: L. 83: Entire section added, p. 856, § 1, effective July 1. L. 84: Entire section amended, p. 659, § 16, effective May 14. L. 87: Entire section amended, p. 1452, § 28, effective June 22.

24-4.1-115. Survival of rights.

The rights to compensation created by this part 1 are personal and shall not survive the death of the person or beneficiary entitled to them; except that, if death occurs after an application for compensation has been filed with the board, the proceeding shall not abate but may be continued by the legal representative of the decedent's estate.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: Entire section amended, p. 660, § 17, effective May 14.

24-4.1-116. Subrogation.

The acceptance of an award made pursuant to this part 1 shall subrogate the state, to the extent of such award, to any right or right of action accruing to the applicant.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: Entire section amended, p. 660, § 18, effective May 14.

24-4.1-116.5. Collection actions against crime victims - suspension.

1. A medical service provider or medical service provider billing agent shall suspend all debt collection actions against the claimant for a compensable loss under section 24-4.1-109 related to the substance of the claim pending a resolution of the claim by the board for a period of ninety days to allow an opportunity for the board to resolve the claim, if, within one hundred eighty days after date of services rendered as part of the criminal episode, the claimant files an application for a claim with the board pursuant to section 24-4.1-105 and:
   1. Provides written notice to the medical service provider or its billing agent that a claim has been submitted to the board, including a crime victim compensation claim number; and
   2. Authorizes the medical service provider or its billing agent to confirm with the board the claimant's claim status and date of resolution as it relates to the medical provider's specific debt.
2. The provisions of this section apply only to the claimant and not to a collateral source on the claimant's behalf.
3. The provisions of subsection (1) of this section:
   1. Do not require the deletion of the debt on the claimant's credit report if the debt had already been reported to one or more credit bureaus prior to notice of the victim compensation claim being received by the medical service provider or its billing agent.
   2. Do not apply to any debt where a lawsuit has been commenced against the claimant for the collection of the debt prior to notice of the victim compensation claim being received by the medical service provider or its billing agent.

Source: L. 2015: Entire section added, (HB 15-1035), ch. 60, p. 146, § 5, effective March 30.

24-4.1-117. Fund created - control of fund.

1. The crime victim compensation fund is hereby established in the office of the court administrator of each judicial district for the benefit of eligible applicants under this part 1.

   (1.5) Repealed.

2. The fund consists of all money paid as a cost or surcharge levied on criminal actions, as provided in section 24-4.1-119; any federal money available to state or local governments for victim compensation; all money received from any action or suit to recover damages from an assailant for a compensable crime which was the basis for an award of, and limited to, compensation received under this part 1; any restitution paid by an assailant to a victim for damages for a compensable crime which was the basis for an award received under this part 1 and for damages for which the victim has received an award of, and limited to, compensation received under this part 1; money transferred from the marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(b); and any other money that the general assembly may appropriate or transfer to the fund.
3. All moneys deposited in the fund shall be deposited in an interest-bearing account, which shall be no less secure than those used by the state treasurer, and which shall yield the highest interest possible. All interest earned by moneys in the fund shall be credited to the fund.
4. At the conclusion of each fiscal year, all moneys remaining in the fund shall remain in the fund for use the succeeding year.
5. All moneys deposited in the fund shall be used solely for the compensation of victims pursuant to this part 1; except that the district attorney and the court administrator may use an aggregate of no more than twelve and one-half percent of the total amount of moneys in the crime victim compensation fund for administrative costs incurred pursuant to this part 1. The district attorney shall be permitted to use no more than ten percent of the total amount of moneys in the fund for administrative costs. The court administrator shall be permitted to use no more than two and one-half percent of the total amount of moneys in the fund for administrative costs.
6. Grants of federal funds that are accepted pursuant to this part 1 for the purpose of assisting crime victims shall not be used to supplant state funds available to assist crime victims.

Source: L. 81: Entire article added, p. 1139, § 5, effective July 1. L. 84: (1), (2), and (5) amended, p. 660, § 19, effective May 14. L. 85: (6) added, p. 793, § 4, effective April 11. L. 89: (5) amended, p. 1016, § 2, effective April 23. L. 98: (5) amended, p. 518, § 4, effective April 30. L. 2007: (2) amended, p. 1112, § 2, effective July 1. L. 2021: (1.5) repealed and (2) amended, (HB 21-1315), ch. 461, pp. 3114, 3120, §§ 21, 33, effective July 6.

Cross references: For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.

24-4.1-117.3. Crime victim services advisory board - creation - duties.

1. There is hereby created in the division of criminal justice in the department of public safety the crime victim services advisory board, referred to in this section as the "advisory board". The advisory board shall exercise its powers and perform its duties and functions under the division of criminal justice in the department of public safety and the executive director of the department of public safety, referred to in this section as the "executive director", as if the same were transferred to the department of public safety by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of this title.
2. 1. The advisory board shall consist of at least seventeen members appointed by the executive director, including but not limited to:
      1. A judge;
      2. An elected district attorney, the assistant district attorney, or a chief deputy district attorney;
      3. A member of a crime victim compensation board created in section 24-4.1-103;
      4. A member of a local victims and witnesses assistance and law enforcement board created in section 24-4.2-101;
      5. An administrator of crime victim compensation from a district attorney's office;
      6. An administrator of victims and witnesses assistance from a district attorney's office;
      7. A representative of a statewide victims' organization;
      8. A judicial district administrator or judicial district representative;
      9. A representative of a domestic violence program;
      10. A representative of a sexual assault program;
      11. A sheriff or sheriff's representative;
      12. A police chief or police representative;
      13. A deputy district attorney;
      14. A victim of a crime of violence; and
      15. Three members of the community at large.
   2. The executive director may consider geographic diversity when making appointments to the advisory board.
   3. The term of office for each member of the advisory board shall be three years; except that, of the members first appointed, six members shall be appointed to serve one-year terms and six members shall be appointed to serve two-year terms.
   4. Members of the advisory board shall serve at the pleasure of the executive director or until the member no longer serves in the position for which he or she was appointed to the advisory board, at which time a vacancy shall be deemed to exist on the advisory board. If a vacancy arises on the advisory board, the executive director shall appoint an appropriate person to serve for the remainder of the unexpired term.
   5. The executive director shall appoint the initial members of the advisory board on or before August 1, 2009. The executive director may reappoint a person to serve an unlimited number of consecutive terms. The executive director shall annually appoint a chairperson of the advisory board who shall preside over the advisory board's meetings.
   6. Members of the advisory board shall serve without compensation but may be reimbursed for actual travel expenses incurred in the performance of their duties.
3. The advisory board's powers and duties shall include, but need not be limited to, the following:
   1. To develop and revise, when necessary, standards for the administration of the crime victim compensation fund established in section 24-4.1-117 in each judicial district and the victims and witnesses assistance and law enforcement fund established in section 24-4.2-103 in each judicial district, and to develop, revise when necessary, and impose sanctions for violating these standards;
   2. To review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article;
   3. To distribute profits from crime pursuant to section 24-4.1-201;
   4. To advise and make recommendations to the division of criminal justice in the department of public safety concerning the award of grants pursuant to sections 24-33.5-506 and 24-33.5-507; and
   5. To establish subcommittees of the advisory board from within the membership of the advisory board, which subcommittees shall include, but need not be limited to:
      1. A standards subcommittee that shall make recommendations to the advisory board concerning the development and revision, when necessary, of standards and sanctions for the violation of standards to assist the advisory board in implementing paragraph (a) of this subsection (3); and
      2. A victim rights subcommittee that shall review, pursuant to section 24-4.1-303 (17), any reports of noncompliance with this article to assist the advisory board in implementing paragraph (b) of this subsection (3).
4. The advisory board shall not release to the public any records submitted to or generated by the advisory board or a subcommittee of the advisory board for the purposes of the advisory board's or the subcommittee's review, pursuant to paragraph (b) of subsection (3) of this section, of a report of noncompliance with this article until the report of noncompliance has been reviewed and resolved by the advisory board. The advisory board shall redact all victim-identifying information from any document released to the public.

Source: L. 2009: Entire section added, (SB 09-047), ch. 129, p. 553, § 1, effective July 1.

24-4.1-117.5. Standards for administration of funds - sanctions. (Repealed)

Source: L. 90: Entire section added, p. 1180, § 3, effective July 1. L. 93: Entire section amended, p. 2051, § 2, effective June 9. L. 95: (2)(b)(I) amended, p. 1401, § 3, effective July 1. L. 2009: Entire section repealed, (SB 09-047), ch. 129, p. 558, § 10, effective July 1.

24-4.1-117.7. State crime victims compensation program - creation - appropriation.

There is created in the division of criminal justice in the department of public safety the state victim compensation program. The general assembly shall appropriate money from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the division of criminal justice in the department of public safety to be used for the compensation of victims pursuant to this part 1 that also conforms with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. The division of criminal justice in the department of public safety shall distribute the money appropriated pursuant to this section based on need.

Source: L. 2021: Entire section added, (SB 21-292), ch. 291, p. 1721, § 4, effective June 22.

Cross references: For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021.

24-4.1-118. Court administrator custodian of fund - disbursements.

The court administrator of each judicial district shall be the custodian of the fund, and all disbursements from the fund shall be paid by him upon written authorization of the board or the court.

Source: L. 81: Entire article added, p. 1140, § 5, effective July 1.

24-4.1-119. Costs and surcharges levied on criminal actions and traffic offenses.

1. 1. Except as provided in subsection (1)(c) of this section, a cost of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, which criminal action is charged pursuant to state statute. The defendant shall pay these costs to the clerk of the court. Each clerk shall transmit the costs received to the court administrator of the judicial district in which the offense occurred for credit to the crime victim compensation fund established in that judicial district.
   2. The costs required by paragraph (a) of this subsection (1) shall not be levied on criminal actions which are charged pursuant to the penalty assessment provisions of section 42-4-1701, C.R.S., or to any violations of articles 1 to 15 of title 33, C.R.S.
   3. A cost of thirty-three dollars is hereby levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided for in section 18-1.3-102, C.R.S., of a violation of section 42-4-1301 (1) or (2), C.R.S. This cost shall be paid to the clerk of the court, who shall deposit the same in the crime victim compensation fund established in section 24-4.1-117.
   5. Repealed.
   6. 1. A surcharge is hereby levied against each penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701, C.R.S. The amount of the surcharge shall be one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4), C.R.S., or, if no surcharge amount is specified, the surcharge shall be calculated as thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this paragraph (f) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the crime victim compensation fund established in that judicial district as provided in section 42-1-217, C.R.S.
      2. All calculated surcharge amounts pursuant to this paragraph (f) resulting in dollars and cents shall be rounded down to the nearest whole dollar.
      3. The surcharges levied pursuant to this paragraph (f) are separate and distinct from surcharges levied pursuant to section 24-4.2-104 for the victims and witnesses assistance and law enforcement fund.

   (1.5) A cost or surcharge levied pursuant to this section may not be suspended or waived by the court unless the court determines that the defendant against whom the cost or surcharge is levied is indigent.

2. For purposes of determining the order of priority for payments required of a defendant pursuant to section 18-1.3-204 (2.5), C.R.S., the payments to the victim compensation fund required under this part 1 shall be the first obligation of the defendant.
3. The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall be applicable as to the collection of costs levied pursuant to this part 1.

Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 82: (1) amended, p. 364, § 2, effective March 22; (1)(a) amended and (1)(c) added, p. 604, § 5, effective July 1. L. 83: (1)(a) amended and (1)(d) added, p. 668, § 15, effective July 1. L. 84: (1)(a), (2), and (3) amended, pp. 660, 923, 1120, §§ 20, 15, 21, effective July 1. L. 85: (1)(a) amended, p. 793, § 5, effective April 11. L. 86: (1)(a) amended and (1)(e) added, p. 871, § 1, effective July 1. L. 87: (1)(d) and (1)(a) amended and (1)(e) repealed, pp. 819, 1496, 1529, §§ 32, 6, 74, effective July 1. L. 93: (1) amended, p. 2053, § 3, effective June 9. L. 94: (1)(c) and (1)(d) amended, p. 1637, § 48, effective May 31; (1)(b) and (1)(c) amended, p. 2555, § 51, effective January 1, 1995. L. 96: (1)(d) amended, p. 1695, § 35, effective January 1, 1997. L. 2002: (1)(a), (1)(c), (2), and (3) amended, p. 1529, § 239, effective October 1. L. 2007: (1)(a) and (1)(c) amended and (1)(f) added, p. 1111, § 1, effective July 1. L. 2010: (1)(f)(II) amended and (1.5) added, (HB 10-1265), ch. 178, p. 641, § 1, effective April 29. L. 2021: (1)(a) amended and (1)(d) repealed, (HB 21-1315), ch. 461, p. 3108, § 6, effective July 6; (1)(d) amended, (SB 21-059), ch. 136, p. 742, § 107, effective October 1.

Editor's note: (1) Amendments to subsection (1)(c) by Senate Bill 94-001 and Senate Bill 94-206 were harmonized.

(2) Subsection (1)(d) was amended in SB 21-059, effective October 1, 2021. However, those amendments were superseded by the repeal of subsection (1)(d) in HB 21-1315, effective July 6, 2021.

Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.2-104; for additional costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301 (7)(d) and (7)(g), 42-4-1301.4 (5), and 43-4-402.

(2) For the legislative declaration contained in the 2002 act amending subsections (1)(a), (1)(c), (2), and (3), see section 1 of chapter 318, Session Laws of Colorado 2002.

(3) For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.

24-4.1-120. Effective dates of provisions of this article.

Sections 24-4.1-117 to 24-4.1-120 originally took effect July 1, 1981. Sections 24-4.1-101 to 24-4.1-116 originally took effect July 1, 1982.

Source: L. 81: Entire article added, p. 1140, § 5, effective July 1.

24-4.1-121. Repeal. (Repealed)

Source: L. 81: Entire article added, p. 1140, § 5, effective July 1. L. 85: Entire section repealed, p. 794, § 7, effective April 11.

24-4.1-122. Reports.

On or before October 1, 1985, and on or before each October 1 thereafter, the court administrator of each judicial district shall report to the state court administrator the amount of moneys collected by the judicial district in the prior fiscal year and the amount of moneys distributed to crime victims in the prior fiscal year by the board.

Source: L. 85: Entire section added, p. 793, § 6, effective April 11.

24-4.1-123. When redistribution of moneys required. (Repealed)

Source: L. 85: Entire section added, p. 793, § 6, effective April 11. L. 2002: Entire section repealed, p. 48, § 1, effective March 21.

24-4.1-124. State crime victim compensation fund - creation - allocation of moneys. (Repealed)

Source: L. 85: Entire section added, p. 794, § 6, effective April 11. L. 98: (2) amended, p. 518, § 5, effective April 30. L. 2002: Entire section repealed, p. 48, § 2, effective March 21.

24-4.1-201. Distribution of profits from crime - escrow account - civil suit by victim - definitions.

1. The general assembly hereby finds that the state has a compelling interest in preventing any person who is convicted of a crime from profiting from the crime and in recompensing victims of the crime. It is therefore the intent of the general assembly to provide a mechanism whereby any profits from a crime that are received by the person convicted of the crime are available as restitution to the victims of the crime.

   (1.3) For purposes of this part 2, "victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct, criminal episode or plan or if such person is deceased or incapacitated, the person's spouse, parent, child, sibling, grandparent, significant other, or other lawful representative. For purposes of this part 2, any person under the age of eighteen years is considered incapacitated, unless that person is emancipated.

   1. (1.5) (a) For purposes of this part 2, "profits from the crime" means:
      1. Any property obtained through or income generated from the commission of the crime of which the defendant was convicted;
      2. Any property obtained by or income generated from the sale, conversion, or exchange of proceeds of the crime of which the defendant was convicted, including any gain realized by such sale, conversion, or exchange; and
      3. Any property that the defendant obtained or income generated as a result of having committed the crime of which the defendant was convicted, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of, the crime, as well as any property obtained by or income generated from the sale, conversion, or exchange of such property and any gain realized by such sale, conversion, or exchange.
   2. 1. Any person who contracts with a person convicted of a crime in this state, or such person's representative or assignee, for payment of any profits from the crime of which such person is convicted shall pay to the crime victim services advisory board created in section 24-4.1-117.3 (1), referred to in this part 2 as the "board", any money that would otherwise by terms of the contract be paid to the convicted person or such person's representatives or assignees. The board shall distribute the money as described in paragraph (b.5) of this subsection (1.5).
      2. Any person or any person's agent or other legal representative who contracts with a convicted person, or the convicted person's representative or assignee, in the manner described in subparagraph (I) of this paragraph (b), shall:
         1. Submit a copy of the contract or a summary of the terms of an oral agreement to the board;
         2. Pay over to the board any moneys or consideration not subject to an order of restitution and that by the terms of the contract would be otherwise owing to the convicted person or owing to a representative or assignee of the convicted person.
   3. If there is a court order of restitution in the criminal case resulting from the crime that remains unpaid, any money received under paragraph (b) of this subsection (1.5) must first be applied to that order of restitution. If there is no outstanding balance from an order of restitution or there remains additional money, and all victims are identified and can be located, the money received or the remaining portion must be apportioned pro rata to the identified victims. For purposes of this section, "victim" has the same meaning as in section 24-4.1-302 (5). If all victims are not known or cannot be located, the board shall deposit the remaining money in an escrow account for the benefit of the victims.
   4. Upon the establishment of an escrow account, any person who is a victim of the crime from which a convicted person receives profits under paragraph (b) of this subsection (1.5) may, within three years of establishment of the escrow account, enforce any judgment entered against the convicted person against the money on deposit in the escrow account. If no judgment has been entered, the victim may bring a civil action in a court of competent jurisdiction to recover a judgment against the convicted person or such person's representatives or designees. After all filed claims are established, the board shall distribute the money in the escrow account to satisfy the claims, or such fraction of each claim as can be fulfilled by the available money.
   5. 1. Upon establishing an escrow account pursuant to paragraph (b) of this subsection (1.5), the board shall notify any victims of the crime of which the person was convicted at such victims' last known addresses of the establishment of the escrow account.
      2. Unless all victims have been identified and can be located, the board shall publish at least once annually from the date of the establishment of the escrow account, a notice of the escrow account's establishment in a newspaper having general circulation throughout the county in which the crime was committed. The expenses of notification shall be paid from the amount received in the escrow account. The board, in its discretion, may provide for such additional notice as it deems necessary.
      3. The notice required under subparagraphs (I) and (II) of this paragraph (d) shall specify the existence of the escrow account, the amount on deposit, and the victim's right to execute an order of restitution or bring a civil action to recover against the moneys in the escrow account within three years after the date the escrow account is established.
   6. 1. Any person who knowingly fails to comply with any requirement of subparagraph (II) of paragraph (b) of this subsection (1.5) shall be liable for a civil penalty of not less than ten thousand dollars nor more than three times the contract amount.
      2. If two or more persons are adjudged liable for the civil penalty imposed, such persons shall be jointly and severally liable.
      3. After notice and opportunity to be heard is provided, the court, by order of judgment, may assess the penalty described in this paragraph (e). All moneys received from the payment of these penalties shall be paid over to the board.
      4. In any action or proceeding brought to enforce the contract provisions of this subsection (1.5), the court shall have jurisdiction to grant the attorney general, without bond or other undertaking, any injunctive relief necessary to prevent any payment under a contract that is prohibited under this subsection (1.5).

   (1.7) For purposes of this section, "person" means any natural person, firm, corporation, partnership, association, or other legal entity.

2. If funds remain in the escrow account after payment of a money judgment pursuant to subsection (1) of this section and if no civil actions are pending under this section after three years from the establishment of an escrow account, the board shall notify the department of corrections of the existence of such escrow account. The department of corrections shall certify to the board a statement of the costs of maintenance of the person in the state correctional institution or institutions at which the person was incarcerated. A statement of the cost of maintenance shall be submitted annually for payment to the department of corrections by the board until such time as the person is released from custody of the state. No such payment shall be made upon the dismissal of the charges against any individual whose proceeds are placed in the escrow account.
3. Upon the dismissal of the charges against any individual whose proceeds are placed in the escrow account or upon a showing by the defendant that three years have elapsed from the establishment of an escrow account and that no civil actions are pending against him or her under this section, the board shall immediately pay any money in the escrow account to the defendant except for funds paid to the department of corrections and anticipated as necessary for future payment to the department of corrections as set forth in subsection (2) of this section.
4. If an escrow account is established under this section, no otherwise applicable statute of limitations on the time within which civil action may be brought bars action by a victim of a crime committed by the person accused or convicted of the crime, as to a claim resulting from the crime, until three years have elapsed from the time the escrow account was established.

   (4.5) The escrow account shall be established for a period of three years. If an action is filed by a victim to recover the victim's interest in the escrow account within such three-year period, the escrow account shall continue until the conclusion of such action.

5. The board shall make payments from an escrow account to the accused upon an order of the court after a showing by the accused that:
   1. The money will be used for the exclusive purpose of retaining legal representation at any stage of the civil or criminal proceedings against him, including the appeals process; and
   2. He has insufficient assets, other than funds in the escrow account and assets which could be claimed as exempt from execution under state law, to provide for payment of the expenses of legal representation.
6. The attorney general, at the request of the board, shall bring an action to cause profits from the crime to be paid over and held in an escrow account established by the board.

Source: L. 84: Entire part added, p. 652, § 2, effective May 14. L. 88: (1) amended, p. 890, § 1, effective July 1. L. 94: (1) amended and (1.5) added, p. 1050, § 7, effective July 1. L. 2000: (1.3), (1.5)(e), (1.7), (4.5), and (6) added and (1.5)(b), (1.5)(d), (2), and (3) amended, pp. 239, 238, §§ 2, 1, effective March 29. L. 2009: (1.5)(b)(I) and (1.5)(e)(III) amended, (SB 09-047), ch. 129, p. 556, § 5, effective July 1. L. 2015: (1.5)(b)(I), (1.5)(c), (1.5)(d)(II), (1.5)(d)(III), (2), (3), (4), and (4.5) amended and (1.5)(b.5) added, (HB 15-1070), ch. 43, p. 106, § 1, effective March 20.

24-4.1-202. Notification of board.

It shall be the duty of the victim, the victim's attorney, or the victim's representative to notify the board within thirty days of the filing of any compensable claim under section 24-4.1-201.

Source: L. 84: Entire part added, p. 653, § 2, effective May 14.

24-4.1-203. More than one claim.

If more than one claim is filed against the moneys in escrow pursuant to section 24-4.1-201, the board shall disburse payments from the escrow account on a pro rata basis of all judgments obtained, according to the amount of money in the escrow account as compared to the amount of each claim. No compensation shall be disbursed until all pending claims have been settled or reduced to judgment.

Source: L. 84: Entire part added, p. 653, § 2, effective May 14.

24-4.1-204. Actions null and void.

Any action taken by a person who is accused or convicted of a crime or who enters a plea of guilty, whether by way of the execution of a power of attorney, the creation of corporate entities, or any other action, to defeat the purpose of this part 2 shall be null and void as against the public policy of this state.

Source: L. 84: Entire part added, p. 653, § 2, effective May 14.

24-4.1-205. Interest on moneys in the account.

Interest earned on the moneys deposited in the escrow account pursuant to section 24-4.1-201 shall accrue to the benefit of the payee of the account.

Source: L. 84: Entire part added, p. 654, § 2, effective May 14.

24-4.1-206. Annual reports of funds.

No later than February 15 of each year, the board shall make available a report to the general assembly for the previous calendar year of an accounting of all funds received and disbursed under this part 2. The board shall notify, in the most cost-effective manner available, each member of the general assembly of the availability of such report and offer to provide each member with a copy of the report.

Source: L. 84: Entire part added, p. 654, § 2, effective May 14. L. 99: Entire section amended, p. 686, § 2, effective August 4.

24-4.1-207. Applicability.

This part 2 shall apply to offenses committed on or after January 1, 1985.

Source: L. 84: Entire part added, p. 654, § 2, effective May 14.

24-4.1-301. Legislative declaration.

The general assembly hereby finds and declares that the full and voluntary cooperation of victims of and witnesses to crimes with state and local law enforcement agencies as to such crimes is imperative for the general effectiveness and well-being of the criminal justice system of this state. It is the intent of this part 3, therefore, to assure that all victims of and witnesses to crimes are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protection afforded criminal defendants.

Source: L. 84: Entire part added, p. 654, § 3, effective May 14.

24-4.1-302. Definitions.

As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:

1. "Crime" means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:
   1. Murder in the first degree, in violation of section 18-3-102 , C.R.S.;
   2. Murder in the second degree, in violation of section 18-3-103 , C.R.S.;
   3. Manslaughter, in violation of section 18-3-104 , C.R.S.;
   4. Criminally negligent homicide, in violation of section 18-3-105 , C.R.S.;
   5. Vehicular homicide, in violation of section 18-3-106 , C.R.S.;
   6. Assault in the first degree, in violation of section 18-3-202 , C.R.S.;
   7. Assault in the second degree, in violation of section 18-3-203 , C.R.S.;
   8. Assault in the third degree, in violation of section 18-3-204 , C.R.S.;
   9. Vehicular assault, in violation of section 18-3-205 , C.R.S.;
   10. Menacing, in violation of section 18-3-206 , C.R.S.;
   11. (Deleted by amendment, L . 95, p. 1256, § 22, effective July 1, 1995.)
   12. First degree kidnapping, in violation of section 18-3-301 , C.R.S.;
   13. Second degree kidnapping, in violation of section 18-3-302 , C.R.S.;
   14. 1. Sexual assault, in violation of section 18-3-402 , C.R.S.; or
       2. Sexual assault in the first degree, in violation of section 18-3-402 , C.R.S., as it existed prior to July 1, 2000;
   15. Sexual assault in the second degree, in violation of section 18-3-403 , C.R.S., as it existed prior to July 1, 2000;
   16. 1. Unlawful sexual contact, in violation of section 18-3-404 , C.R.S.; or
       2. Sexual assault in the third degree, in violation of section 18-3-404 , C.R.S., as it existed prior to July 1, 2000;
   17. Sexual assault on a child, in violation of section 18-3-405 , C.R.S.;
   18. Sexual assault on a child by one in a position of trust, in violation of section 18-3-405 .3, C.R.S.;
   19. Sexual assault on a client by a psychotherapist, in violation of section 18-3-405.5 , C.R.S.;
   20. Invasion of privacy for sexual gratification, in violation of section 18-3-405.6 , C.R.S.;
   21. Robbery, in violation of section 18-4-301 , C.R.S.;
   22. Aggravated robbery, in violation of section 18-4-302 , C.R.S.;
   23. Aggravated robbery of controlled substances, in violation of section 18-4-303 , C.R.S.;
   24. Repealed.
   25. Incest, in violation of section 18-6-301 , C.R.S.;
   26. Aggravated incest, in violation of section 18-6-302 , C.R.S.;
   27. Child abuse, in violation of section 18-6-401 , C.R.S.;
   28. Sexual exploitation of children, in violation of section 18-6-403 , C.R.S.;
   29. Crimes against at-risk adults or at-risk juveniles, in violation of section 18-6.5-103 , C.R.S.; (bb.3) Any crime identified by law enforcement prior to the filing of charges as domestic violence, as defined in section 18-6-800.3 (1) , C.R.S.; (bb.7) An act identified by a district attorney in a formal criminal charge as domestic violence, as defined in section 18-6-800.3 (1) , C.R.S.;
   30. Any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), C.R.S., pursuant to section 18-6-801 (1) , C.R.S.; (cc.1) (I) Stalking, in violation of section 18-3-602 , C.R.S.; (II) Stalking, in violation of section 18-9-111 (4) , C.R.S., as it existed prior to August 11, 2010; (cc.3) A bias-motivated crime, in violation of section 18-9-121 , C.R.S.; (cc.4) Harassment that is bias-motivated, in violation of section 18-9-111 (2) ; (cc.5) Careless driving, in violation of section 42-4-1402 , C.R.S., that results in the death of another person; (cc.6) Failure to stop at the scene of an accident, in violation of section 42-4-1601 , where the accident results in the death or serious bodily injury of another person;
   31. Any criminal attempt, as described in section 18-2-101 , C.R.S., any conspiracy, as described in section 18-2-201 , C.R.S., any criminal solicitation, as described in section 18-2-301 , C.R.S., and any accessory to a crime, as described in section 18-8-105 , C.R.S., involving any of the crimes specified in this subsection (1);
   32. Retaliation against a witness or victim, in violation of section 18-8-706 , C.R.S.; (ee.3) Intimidating a witness or a victim, in violation of section 18-8-704 , C.R.S.;

       (ee.7) Aggravated intimidation of a witness or a victim, in violation of section 18-8-705 , C.R.S.;

   33. Tampering with a witness or victim, in violation of section 18-8-707 , C.R.S.;
   34. Indecent exposure, in violation of section 18-7-302 , C.R.S.;
   35. Violation of a protection order issued under section 18-1-1001 against a person charged with committing sexual assault in violation of section 18-3-402, sexual assault on a child in violation of section 18-3-405, sexual assault on a child by one in a position of trust in violation of section 18-3-405.3 , sexual assault on a client by a psychotherapist in violation of section 18-3-405.5 , or stalking in violation of section 18-3-602 ;
   36. Human trafficking in violation of section 18-3-503 or 18-3-504 , C.R.S.;
   37. First degree burglary, in violation of section 18-4-202 , C.R.S.;

       (jj.5) [ Editor's note: Subsection (1)(jj.5) is effective March 1, 2022. ] Second degree burglary of a dwelling, in violation of section 18-4-203 (2)(a) ;

   38. Retaliation against a judge or elected official, in violation of section 18-8-615 ; retaliation against a prosecutor, in violation of section 18-8-616 ; or retaliation against a juror, in violation of section 18-8-706.5 ;
   39. Child prostitution, in violation of section 18-7-401 , C.R.S.; soliciting for child prostitution, in violation of section 18-7-402 , C.R.S.; procurement of a child for sexual exploitation, in violation of section 18-6-404 , C.R.S.; pimping of a child, in violation of section 18-7-405 , C.R.S.; inducement of child prostitution, in violation of section 18-7-405 .5, C.R.S.; or patronizing a prostituted child, in violation of section 18-7-406 , C.R.S.;
   40. Posting a private image for harassment in violation of section 18-7-107 or posting a private image for pecuniary gain in violation of section 18-7-108 .

   (1.2) "Cold case" means a felony crime reported to law enforcement that has remained unsolved for over one year after the crime was initially reported to law enforcement and for which the applicable statute of limitations has not expired.

   (1.3) "Correctional facility" means any private or public entity providing correctional services to offenders pursuant to a court order including, but not limited to a county jail, a community corrections provider, the division of youth services, and the department of corrections.

   (1.5) "Correctional official" means any employee of a correctional facility.

2. "Critical stages" means the following stages of the criminal justice process:
   1. The filing of charges against a person accused of a crime;
   2. The decision not to file charges against a person accused of a crime;
   3. The decision to enter into a diversion agreement pursuant to section 18-1.3-101, C.R.S.;
   4. The preliminary hearing;
   5. 1. Any court action involving a bond reduction or modification at which the following occurs:
         1. A bond is set lower than the scheduled or customary amount for the specific charge, including any adjustments made by the court to the amount of bond to correspond to the specific charge to which the defendant pled guilty or for which the defendant was convicted, if the adjusted bond is lower than the scheduled or customary amount for the specific charge;
         2. A change in the type of bond;
         3. A modification to a condition of the bond;
         4. A defendant is permitted to appear without posting a bond;
         5. In a case involving a capital offense, the court grants the defendant's motion for admission to bail pursuant to section 16-4-101 (3), C.R.S.; or
         6. For jurisdictions that do not have a bond schedule or customary amount for bond, a bond is modified to a lower amount than that set at the initial bond hearing.
      2. Notwithstanding the provisions of subparagraph (I) of this paragraph (c), the following shall not constitute a bond reduction or modification:
         1. The initial setting of a bond, whether set by the court at the first appearance or by another entity authorized to do so by the court prior to the first appearance;
         2. The setting of a new bond upon the filing of charges by the district attorney, so long as the bond is set at or above the scheduled or customary amount for the specific charge filed; and
         3. For nonbailable offenses pursuant to section 16-4-101, C.R.S., the subsequent setting of a bond by the court.
   6. The arraignment of a person accused of a crime;
   7. Any hearing on motions concerning evidentiary matters or pre-plea or post-plea relief;
   8. Any subpoena for records concerning the victim's medical history, mental health, education, or victim's compensation;
   9. Any disposition of the complaint or charges against the person accused;
   10. The trial;
   11. Any sentencing or resentencing hearing;
   12. Any appellate review or appellate decision;
   13. Any modification of the sentence pursuant to rule 35 (a) or 35 (b) of the Colorado rules of criminal procedure or any other provision of state or federal law;
   14. Any court-ordered modification of the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108 and as outlined in section 24-4.1-303 (13.5)(a);
   15. Any probation revocation hearing;
   16. The filing of any complaint, summons, or warrant by the probation department for failure to report to probation or because the location of a person convicted of a crime is unknown;
   17. The change of venue or transfer of probation supervision from one jurisdiction to another;
   18. The request for any release from probation supervision prior to the expiration of the defendant's sentence;
   19. An attack on a judgment or conviction for which a court hearing is set;
   20. Any parole application hearing and full parole board review hearing;
   21. The parole, release, or discharge from imprisonment of a person convicted of a crime;
   22. Any parole revocation hearing;
   23. The transfer to or placement of a person convicted of a crime in a nonsecured facility;
   24. The transfer, release, or escape of a person charged with or convicted of a crime from any state hospital;
   25. Any petition or motion to terminate sex offender registration filed pursuant to section 16-22-113;
   26. 1. Except as provided in subsection (2)(r.3)(II) of this section, any hearing concerning a petition for expungement as described in section 19-1-306.
       2. The entry of an order of expungement is not a critical stage if:
          1. The case resulted in a not guilty verdict at trial;
          2. The case was dismissed in its entirety;
          3. The juvenile completed a sentence for a petty offense, any drug petty offense, any level 1 or level 2 drug misdemeanor, or a class 2 or class 3 misdemeanor offense not involving unlawful sexual behavior as defined in section 16-22-109 (9), domestic violence as described in section 18-6-800.3, or a crime that is a crime listed under section 24-4.1-302 (1); or
          4. The juvenile completed a sentence for a municipal offense not involving domestic violence as described in section 18-6-800.3.
   27. The execution of an offender in a capital case;
   28. A hearing held pursuant to section 18-1-414 (2)(b), C.R.S.;
   29. The decision, whether by court order, stipulation of the parties, or otherwise, to conduct postconviction DNA testing to establish the actual innocence of the person convicted of a crime against the victim; the results of any such postconviction DNA testing; and court proceedings initiated based on the result of the postconviction DNA testing. An inmate's written or oral request for such testing is not a "critical stage".
   30. A hearing held pursuant to section 24-72-706, 24-72-709, or 24-72-710;
   31. A hearing held pursuant to section 24-31-902 (2)(c).
3. "Lawful representative" means any person who is designated by the victim or appointed by the court to act in the best interests of the victim.

   (3.5) "Modification of sentence" means an action taken by the court to modify the length, terms, or conditions of an offender's sentence pursuant to rule 35 (a) or (b) of the Colorado rules of criminal procedure; a resentencing following a probation revocation hearing; or a request for early termination of probation. As used in this subsection (3.5), "action taken by the court" includes an order by the court modifying an offender's sentence upon review of the written motion without a hearing but does not include an order denying a motion to modify a sentence without a hearing.

4. "Significant other" means any person who is in a family-type living arrangement with a victim and who would constitute a spouse of the victim if the victim and such person were married.
5. "Victim" means any natural person against whom any crime has been perpetrated or attempted, unless the person is accountable for the crime or a crime arising from the same conduct or plan as crime is defined under the laws of this state or of the United States, or, if such person is deceased or incapacitated, the person's spouse, parent, legal guardian, child, sibling, grandparent, grandchild, significant other, or other lawful representative. For purposes of notification under this part 3, any person under the age of eighteen years is considered incapacitated, unless that person is legally emancipated. It is the intent of the general assembly that this definition of the term "victim" shall apply only to this part 3 and shall not be applied to any other provision of the laws of the state of Colorado that refer to the term "victim".
6. "Victim's immediate family" means the spouse, any child by birth or adoption, any stepchild, the parent, the stepparent, a sibling, a legal guardian, significant other, or a lawful representative of the victim.
7. "Witness" means any natural person:
   1. Having knowledge of the existence or nonexistence of facts relating to any crime;
   2. Whose declaration under oath is received or has been received as evidence for any purpose;
   3. Who has reported any crime to any peace officer, correctional officer, or judicial officer;
   4. Who has been served with a subpoena issued under the authority of any court in this state, of any other state, or of the United States; or
   5. Who would be believed by any reasonable person to be an individual described in paragraph (a), (b), (c), or (d) of this subsection (7).

Source: L. 84: Entire part added, p. 654, § 3, effective May 14. L. 87: (2) amended, p. 1581, § 35, effective July 10. L. 92: Entire section amended, p. 415, § 2, effective January 14, 1993. L. 93: (1)(k) and (1)(w) amended, p. 1653, § 53, effective July 1. L. 95: (1)(w) repealed, p. 1110, § 64, effective May 31; IP(1), (1)(bb), (1)(cc), (2)(c), (2)(e), (2)(l), and (5) amended and (1)(dd) added, p. 1402, § 4, effective July 1; (1)(k) and (1)(bb) amended, p. 1256, § 22, effective July 1. L. 97: (1)(cc) and (1)(dd) amended and (1)(cc.1), (1)(cc.3), (1)(cc.5), (1)(cc.6), (2)(k.3), (2)(k.5), and (2)(k.7) added, pp. 1560, 1561, §§ 4, 5, effective July 1. L. 99: (1)(cc.1) amended, p. 794, § 2, effective July 1. L. 2000: (1)(cc.6) amended and (1)(ee), (1)(ff), (1.3), and (1.5) added, pp. 241, 240, §§ 4, 3, effective March 29; (1)(n), (1)(o), and (1)(p) amended, p. 707, § 34, effective July 1. L. 2005: (1)(cc.3) amended, p. 1501, § 6, effective July 1. L. 2006: IP(1), (1)(ee), (2)(k.5), (2)(k.7), and (2)(p) amended and (1)(bb.3), (1)(bb.7), (1)(ee.3), (1)(ee.7), (1)(gg), (1)(hh), (1.2), (2)(a.5), (2)(e.5), (2)(r), and (2)(s) added, pp. 643, 644, §§ 1, 2, 3, effective July 1. L. 2007: (2)(l) amended, p. 839, § 1, effective May 14. L. 2008: (2)(c) amended, p. 325, § 1, effective April 7; (2)(r) and (2)(s) amended and (2)(t) added, p. 1513, § 3, effective May 28. L. 2010: (1)(cc.1) amended, (HB 10-1233), ch. 88, p. 296, § 7, effective August 11. L. 2011: (1)(s.3) added, (HB 11-1303), ch. 264, p. 1164, § 55, effective July 1, 2012. L. 2012: (1)(gg), (2)(s), (2)(t), and (5) amended and (1)(ii), (1)(jj), (1)(kk), (2)(u), and (3.5) added, (HB 12-1053), ch. 244, p. 1151, § 1, effective August 8. L. 2013: (2)(a.7) added, (HB 13-1156), ch. 336, p. 1958, § 7, effective August 7; (2)(r.3) added, (HB 13-1082), ch. 238, p. 1157, § 2, effective August 7. L. 2014: (1)(ii) amended, (HB 14-1273), ch. 282, pp. 1157, 1158, §§ 23, 26, effective July 1; (1)(ii), (1)(jj), (2)(j), and (5) amended and (1)(ll) and (2)(j.5) added, (HB 14-1148), ch. 95, p. 347, § 1, effective August 6. L. 2015: (1)(kk) amended, (HB 15-1229), ch. 239, p. 885, § 3, effective May 29. L. 2016: (2)(h) amended, (SB 16-181), ch. 353, p. 1452, § 6, effective June 10. L. 2017: (1.3) amended, (HB 17-1329), ch. 381, p. 1981, § 52, effective June 6; (1)(cc.6), (1)(hh), (2)(j.5), (2)(m), and (3.5) amended and (1)(mm) added, (SB 17-051), ch. 155, p. 527, § 1, effective August 9; (2)(r.3) amended, (HB 17-1204), ch. 206, p. 784, § 6, effective November 1. L. 2019: (2)(t) amended and (2)(v) added, (HB 19-1275), ch. 295, p. 2747, § 4, effective August 2. L. 2020: (2)(w) added, (SB 20-217), ch. 110, p. 457, § 11, effective June 19. L. 2021: (1)(cc.4) added, (SB 21-280), ch. 372 p. 2465, § 3, effective June 28; (1)(kk) amended, (SB 21-064), ch. 190, p. 1008, § 2, effective July 1; (2)(r) amended, (HB 21-1064), ch. 320, p. 1969, § 10, effective September 1; (2)(v) amended, (HB 21-1214), ch. 455, p. 3036, § 8, effective September 7; (2)(j.5) amended, (SB 21-059), ch. 136, p. 742, § 108, effective October 1; (1)(jj.5) added, (SB 21-271), ch. 462, p. 3223, § 403, effective March 1, 2022.

Editor's note: (1) Amendments to subsection (1)(bb) by House Bill 95-1070 and House Bill 95-1346 were harmonized.

(2) (a) Section 4 of chapter 372 (SB 21-280), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after June 28, 2021.

(b) Section 6 of chapter 190 (SB 21-064), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after July 1, 2021.

(c) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

Cross references: (1) For the legislative declaration contained in the 2008 act amending subsections (2)(r) and (2)(s) and enacting subsection (2)(t), see section 1 of chapter 322, Session Laws of Colorado 2008.

(2) For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.

24-4.1-302.5. Rights afforded to victims - definitions.

1. In order to preserve and protect a victim's rights to justice and due process, each victim of a crime has the following rights:
   1. The right to be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process;
   2. The right to be informed of and present for all critical stages of the criminal justice process as specified in section 24-4.1-302 (2) ; except that the victim shall have the right to be informed of, without being present for, the critical stages described in section 24-4.1-302 (2) (a), (2)(a.5), (2)(a.7), (2)(e.5), (2)(k.3), (2)(n), (2)(p), (2)(q), and (2)(u);
   3. Repealed.
   4. For a victim of a sex offense, the right to be informed of the filing of any petition or motion filed to terminate sex offender registration pursuant to section 16-22-103 (5) or 16-22-113 (2) and (2.5);
   5. For a victim who has had forensic medical evidence collected pursuant to section 12-240-139 (1)(b) that has not resulted in a conviction or plea of guilty, the right to be notified by the law enforcement agency with jurisdiction for the case, upon request, of the status and location of the victim's forensic medical evidence including:
      1. The right to be notified that the forensic medical evidence has been submitted to an accredited crime lab for testing as required by the rules promulgated pursuant to section 24-33.5-113 ;
      2. The right to be notified when the law enforcement agency has received the results of the medical forensic evidence DNA analysis from the accredited crime laboratory;
      3. The right to be informed of whether a DNA sample was obtained from the analysis and whether or not there are matches to DNA profiles in state or federal databases;
      4. The right to be informed at least sixty days prior to the destruction of forensic medical evidence collected in connection with the alleged sex offense;
      5. The right to file, prior to the expiration of the sixty-day period, an objection with the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory that is proposing to destroy the forensic medical evidence;
      6. The right to be informed of any change in status of the case, including if the case has been closed or reopened; and
      7. The right to receive a physical document identifying the rights under law after the exam has been completed;
   6. The right to receive a free copy of the initial incident report from the investigating law enforcement agency; except that the release of a document associated with the investigation is at the discretion of the law enforcement agency based on the status of the case or security and safety concerns in a correctional facility, local jail, or private contract prison as defined in section 17-1-102 , C.R.S.;
   7. 1. Except as otherwise provided in subsection (1)(c)(II) of this section:
         1. The right to be informed when a person who is accused or convicted of a crime against the victim is released or discharged from county jail;
         2. The right to be informed when a person who is accused or convicted of a crime against the victim is released or discharged from custody other than county jail, is paroled, escapes from a secure or nonsecure correctional facility or program, absconds from probation or parole, or commits an unauthorized absence as described in section 18-8-208.2 (1) .
      2. With respect to the release, discharge, or permanent transfer of a person from a county jail or correctional facility, the provisions of subparagraph (I) of this paragraph (c) shall apply when the person released, discharged, or permanently transferred is no longer within the care and control of the supervising law enforcement or correctional agency. The provisions of subparagraph (I) of this paragraph (c) shall not apply to the temporary transfer of the care and control of a person from a county jail or a correctional facility by the supervising law enforcement or correctional agency to another equally or more secure county jail or correctional facility, so long as the person will return to the care and control of the transferring supervisory agency.
   8. The right to be heard at any court proceeding:
      1. Involving the defendant's bond as specified in section 24-4.1-302 (2)(c) ;
      2. At which the court accepts a plea of nolo contendere;
      3. At which the court accepts a negotiated plea agreement;
      4. At which a person accused or convicted of a crime against the victim is sentenced or resentenced;
      5. At which the sentence of a person accused or convicted of a crime against the victim is modified;
      6. At which the defendant requests a modification of the no contact provision of the mandatory criminal protection order pursuant to section 18-1-1001 or 19-2.5-607 ;
      7. Involving a subpoena for records concerning the victim's medical history, mental health, education, or victim compensation, or any other records that are privileged pursuant to section 13-90-107 ;
      8. Involving a petition for expungement as described in section 19-1-306 ;
      9. Involving a hearing as described in section 24-31-902 (2)(c); or
      10. Involving a hearing held pursuant to section 24-72-706 , 24-72-709 , or 24-72-710 .
   9. 1. If a victim or a victim's designee is unavailable to be present for the critical stages described in paragraph (d) of this subsection (1) and the victim or the victim's designee wishes to address the court, the right to request that the court, within the court's resources, arrange and provide the means for the victim and the victim's designee to provide input to the court beyond a written victim impact statement.
      2. For purposes of this paragraph (d.5), "unavailable" means that the victim or the victim's designee is physically unable to attend the court hearing, may sustain a financial hardship to attend the court hearing, is concerned for his or her safety if he or she attends the court hearing, may suffer significant emotional impact by attending the hearing, or is unavailable for other good cause.
      3. The victim or the victim's designee shall notify the district attorney within a reasonable time that he or she is unavailable to attend the court hearing. The district attorney's office shall then inform the court that the victim or the victim's designee, due to his or her unavailability, is requesting the court to arrange for and provide the means to address the court, which may include but need not be limited to appearing by phone or similar technology. The district attorney shall inform the victim or the victim's designee of the court's decision regarding an alternate arrangement.
      4. This subsection (1)(d.5) applies to a victim who is incarcerated or otherwise being held in a local county jail, the department of corrections, or the division of youth services in the department of human services, but is limited to participation by telephone.
   10. The right to consult with the prosecution after any crime against the victim has been charged, prior to any disposition of the case, or prior to any trial of the case, and the right to be informed of the final disposition of the case;
   11. The right to be informed by local law enforcement agencies, prior to the filing of charges with the court, or by the district attorney, after the filing of charges with the court, of the status of any case concerning a crime against the victim, and any scheduling changes or cancellations, if such changes or cancellations are known in advance;
   12. The right to be present at the sentencing hearing, including any hearing conducted pursuant to section 18-1.3-1201 or 18-1.4-102 , C.R.S., for cases involving class 1 felonies, of any person convicted of a crime against such victim, and to inform the district attorney and the court, in writing, by a victim impact statement, and by an oral statement, of the harm that the victim has sustained as a result of the crime, with the determination of whether the victim makes written input or oral input, or both, to be made at the sole discretion of the victim;
   13. The right to have the court determine the amount, if any, of restitution to be paid to a victim pursuant to part 6 of article 1.3 of title 18, C.R.S., by any person convicted of a crime against such victim for the actual pecuniary damages that resulted from the commission of the crime;
   14. The right to be informed of the victim's right to pursue a civil judgment against any person convicted of a crime against the victim for any damages incurred by the victim as a result of the commission of the crime regardless of whether the court has ordered such person to make restitution to the victim;
   15. (Deleted by amendment, L . 2006, p. 645, § 4, effective July 1, 2006.)
   16. The right to be informed of any proceeding at which any postconviction release from confinement in a secure state correctional facility is being considered for any person convicted of a crime against the victim and the right to be heard at any such proceeding or to provide written information thereto. For purposes of this subsection (1), "proceeding" means reconsideration of sentence, a parole hearing, a full parole board review, commutation of sentence, or consideration for placement in the specialized program developed by the department of corrections pursuant to section 17-34-102 .
   17. The right to be informed of any request for progression from the state mental health hospital on behalf of a person in its custody as a result of a criminal case involving the victim, and the right to be heard at any hearing during which a court considers such a request. For purposes of this subsection (1)(j.2), "request for progression" includes any request for off-grounds or unsupervised privileges, community placement, conditional release, unconditional discharge, or a special furlough.
   18. The right to be notified of a referral of an offender to community corrections;
   19. 1. The right to provide a written victim impact statement that will be included with any referral made by the department of corrections or a district court to place an offender in a community corrections facility or program. A community corrections board may allow a victim to provide an oral statement to the community corrections board when an offender is being considered for a direct sentence to community corrections and may place reasonable limits on the victim's oral statement.
       2. For purposes of this paragraph (j.5), the victim shall have the right to provide a separate oral statement to the community corrections board considering a transitional referral, but the board shall have discretion to place reasonable parameters on the victim's oral statement. If a community corrections board denies the offender's referral to community corrections, the victim's right under this subparagraph (II) to provide an oral statement shall not take effect.
       3. For purposes of this subsection (1)(j.5), if a victim or a victim's designee is unavailable to be present for a proceeding to consider an offender for a direct sentence or transitional referral to community corrections as described in subsection (1)(j.5)(I) of this section, and the victim or the victim's designee wishes to address the community corrections board, the victim or the victim's designee shall notify the community corrections board within a reasonable time that the victim is unavailable to attend the proceeding but would like to make a statement. Within its resources, the community corrections board shall arrange for and provide the means for the victim to address the board, which means may include, but need not be limited to, appearing by phone or via similar technology.
       4. For purposes of this subsection (1)(j.5), "unavailable" means the victim or the victim's designee is physically unable to attend the proceeding, may sustain a financial hardship to attend the proceeding, is concerned for his or her safety if he or she attends the proceeding, may suffer significant emotional impact by attending the proceeding, or is unavailable for other good cause.
       5. This subsection (1)(j.5) applies to a victim who is incarcerated or otherwise being held in a local county jail, the department of corrections, or the division of youth corrections in the department of human services but is limited to participation by phone or similar technology.
   20. The right, at the discretion of the district attorney, to view all or a portion of the presentence report of the probation department;
   21. The right, upon request, to obtain any incident recording as described in section 24-31-902 ;
   22. The right to promptly receive any property that belongs to a victim and that is being held by a prosecutorial or law enforcement agency unless there are evidentiary reasons for the retention of such property;
   23. The right to be informed of the availability of financial assistance and community services for victims, the immediate families of victims, and witnesses, which assistance and community services shall include, but shall not be limited to, crisis intervention services, victim compensation funds, victim assistance resources, legal resources, mental health services, social services, medical resources, rehabilitative services, and financial assistance services, and the right to be informed about the application process for such services;
   24. The right to be informed about the possibility of restorative justice practices, as defined in section 18-1-901 (3) (o.5), C.R.S., which includes victim-offender conferences;
   25. The right to be informed about what steps can be taken by a victim or a witness, including information regarding protection services, in case there is any intimidation or harassment by a person accused or convicted of a crime against the victim, or any other person acting on behalf of the accused or convicted person;
   26. The right to be provided with appropriate employer intercession services to encourage the victim's employer to cooperate with the criminal justice system in order to minimize the loss of employment, pay, or other benefits resulting from a victim's court appearances or other required meetings with criminal justice officials;
   27. The right to be assured that in any criminal proceeding the court, the prosecutor, and other law enforcement officials will take appropriate action to achieve a swift and fair resolution of the proceedings;
   28. The right to be provided, whenever practicable, with a secure waiting area during court proceedings that does not require a victim or a witness to be seen or to be in close proximity to the person accused or convicted of a crime against the victim or such person's family or friends;
   29. The right to be informed when a person convicted of a crime against the victim is placed in or transferred to a less secure public or private correctional facility or program;
   30. The right to be informed of the results of a probation or parole revocation hearing;
   31. The right to be informed when a person who is or was charged with or convicted of a crime against the victim escapes or is permanently or conditionally transferred or released from any public hospital, private hospital, or state hospital;
   32. The right to be informed of any rights which the victim has pursuant to the constitution of the United States or the state of Colorado;
   33. The right to be informed of the process for enforcing compliance with this article pursuant to section 24-4.1-303 (17);
   34. The right to be informed of the results of any testing for a sexually transmitted infection that is ordered and performed pursuant to section 18-3-415 , 25-4-408 (6) , or 25-4-412 , C.R.S.;
   35. The right to prevent any party at any court proceeding from compelling testimony regarding the current address, telephone number, place of employment, or other locating information of the victim unless the victim consents or the court orders disclosure upon a finding that a reasonable and articulable need for the information exists. Any proceeding conducted by the court concerning whether to order disclosure shall be in camera.
   36. The right to have the district attorney, a law enforcement agency, a probation department, a state or private correctional facility, the department of human services, or the Colorado mental health institute at Pueblo make all reasonable efforts to exclude or redact a victim's social security number or a witness' social security number from a criminal justice document or record created or compiled as a result of a criminal investigation when the document or record is released to anyone other than the victim, the defense attorney of record, the defense attorney's agent, or a criminal justice agency that has duties under this article;
   37. The right to be notified of how to request protection of their address pursuant to the Colorado rules of criminal procedure;
   38. The right to receive a copy of the victim impact statement form from the district attorney's office;
   39. The right to be notified of a hearing concerning any motion filed for or petition for sealing of records described in section 24-72-706 , 24-72-709 , or 24-72-710 filed by a defendant in the criminal case whose crime falls under section 24-4.1-302 (1) ;
   40. The right to be informed of the governor's decision to commute or pardon a person convicted of a crime against the victim before such information is publicly disclosed.
   (1.6) The right to be informed of the existence of a criminal protection order pursuant to section 18-1-1001 or 19-2.5-607 and, upon request of the victim, information about provisions that may be added or modified, and the process for requesting such an addition or modification.
2. Subsection (1) of this section shall not be construed to imply that any victim who is incarcerated by the department of corrections or any local law enforcement agency has a right to be released to attend any hearing or that the department of corrections or the local law enforcement agency has any duty to transport such incarcerated victim to any hearing.
3. Municipalities and municipal courts shall be encouraged to adopt policies which afford the rights granted to crime victims pursuant to this section to crime victims at the municipal court level, to the extent the adoption of such policies is practicable in the particular municipality.
4. 1. If a victim contacts a criminal justice agency regarding a crime that occurred before 1993, and the offender who committed the crime is currently serving a sentence for the crime, the victim may request notification of any future critical stages of the criminal proceedings. This provision does not require a criminal justice agency to proactively locate victims of crimes that occurred before 1993.
   2. If an arrest is made for a crime committed before 1993 that was previously unsolved, the appropriate criminal justice agency shall notify the crime victim of all future critical stages.

Source: L. 92: Entire section added, p. 418, § 3, effective January 14, 1993. L. 94: (1)(i.5) added, p. 2042, § 25, effective July 1. L. 95: (1)(b), (1)(c), (1)(e), (1)(h), (1)(i.5), (1)(j), and (1)(p) to (1)(r) amended and (1)(j.5) added, p. 1403, § 5, effective July 1. L. 97: (1)(g) amended, p. 47, § 1, effective March 21; (1)(r) and (1)(s) amended and (1)(t) added, p. 1561, § 6, effective July 1. L. 2000: (1)(d), (1)(q), and (1)(r) amended and (1)(j.7) and (1)(u) added, p. 241, § 5, effective March 29; (1)(h) amended, p. 1051, § 21, effective September 1. L. 2002: (1)(g) amended, p. 1530, § 240, effective October 1. L. 2002, 3rd Ex. Sess.: (1)(g) amended, p. 34, § 31, effective July 12 and (1)(g) amended, p. 34, § 32, effective October 1. L. 2006: (1)(b), (1)(c), (1)(g), (1)(h), (1)(i.5), (1)(j.5), (1)(k), (1)(t), and (1)(u) amended and (1)(b.5), (1)(j.3), and (1)(v) added, p. 645, § 4, effective July 1. L. 2007: (1)(b.5) amended and (1)(b.7) added, pp. 839, 840, §§ 2, 3, effective May 14. L. 2008: (1)(d) amended, p. 326, § 2, effective April 7. L. 2009: (1)(j.5) amended, (HB 09-1181), ch. 76, p. 276, § 1, effective August 5. L. 2011: (1)(l.5) added, (HB 11-1032), ch. 296, p. 1408, § 19, effective August 10. L. 2012: (1)(b), (1)(c)(II), (1)(d)(V), (1)(d)(VI), (1)(j.5)(I), (1)(m), and (1)(u) amended and (1)(d)(VII), (1)(d.5), (1)(w), (1)(x), (1)(y), (1.6), and (4) added, (HB 12-1053), ch. 244, p. 1152, § 2, effective August 8. L. 2013: (1)(b) amended, (HB 13-1156), ch. 336, p. 1958, § 8, effective August 7; (1)(d)(VI) and (1)(d)(VII) amended and (1)(d)(VIII) added, (HB 13-1082), ch. 238, p. 1157, § 3, effective August 7; (1)(l.5) amended, (HB 13-1254), ch. 341, p. 1990, § 11, effective August 7. L. 2014: (1)(b.9) and (1)(z) added and (1)(d.5)(IV) and (4) amended, (HB 14-1148), ch. 95, p. 348, § 2, effective August 6. L. 2015: (1)(z) amended, (SB 15-264), ch. 259, p. 958, § 61, effective August 5. L. 2016: (1)(d)(IV) amended, (SB 16-181), ch. 353, p. 1452, § 7, effective June 10; IP(1) and (1)(u) amended, (SB 16-146), ch. 230, p. 919, § 16, effective July 1; (1)(j) amended, (SB 16-180), ch. 352, p. 1445, § 5, effective August 10. L. 2017: (1)(d.5)(IV) amended, (HB 17-1329), ch. 381, p. 1981, § 53, effective June 6; (1)(j) amended and (1)(j.2), (1)(j.5)(III), (1)(j.5)(IV), (1)(j.5)(V), (1)(q.5), and (1)(aa) added, (SB 17-051), ch. 155, p. 528, § 2, effective August 9; (1)(d)(VIII) amended, (HB 17-1204), ch. 206, p. 785, § 7, effective November 1. L. 2018: (1)(b.7) amended, (SB 18-026), ch. 143, p. 926, § 4, effective August 8. L. 2019: (1)(b.5) repealed and (1)(c)(I), (1)(j), (1)(q), and (1)(r) amended, (HB 19-1064), ch. 296, p. 2750, § 4, effective May 28; (1)(z) amended, (HB 19-1275), ch. 295, p. 2748, § 5, effective August 2. L. 2020: (1)(c)(I)(B) amended, (HB 20-1019), ch. 9, p. 28, § 12, effective March 6; (1)(d)(VII) and (1)(d)(VIII) amended and (1)(d)(IX) and (1)(j.8) added, (SB 20-217), ch. 110, p. 458, § 12, effective June 19. L. 2021: (1)(b.8) added, (HB 21-1143), ch. 191, p. 1012, § 4, effective May 27; (1)(b.7) amended, (HB 21-1064), ch. 320, p. 1970, § 11, effective September 1; (1)(d)(VIII), (1)(d)(IX), and (1)(z) amended and (1)(d)(X) added, (HB 21-1214), ch. 455, p. 3036, § 9, effective September 7; (1)(d)(VI) and (1.6) amended, (SB 21-059), ch. 136, p. 743, § 109, effective October 1.

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

(2) For the legislative declaration contained in the 2002 Third Extraordinary Session act amending subsection (1)(g), see section 16 of chapter 1, Session Laws of Colorado 2002, Third Extraordinary Session.

(3) For the legislative declaration in SB 16-180, see section 1 of chapter 352, Session Laws of Colorado 2016.

(4) For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020.

(5) For the legislative declaration in SB 21-1143, see section 1 of chapter 191, Session Laws of Colorado 2021.

24-4.1-303. Procedures for ensuring rights of victims of crimes.

1. Law enforcement agencies, prosecutorial agencies, judicial agencies, and correctional agencies shall ensure that victims of crimes are afforded the rights described in section 24-4.1-302.5.
2. Upon request of a victim, all correctional officials shall keep confidential the address, telephone number, place of employment, or other personal information of such victim or members of such victim's immediate family.
3. The district attorney's office, if practicable, shall inform the victim of any pending motion that may substantially delay the prosecution. The district attorney shall inform the court of the victim's position on the motion, if any. If the victim has objected, the court shall state in writing or on the record prior to granting any delay that the objection was considered.

   (3.5) The district attorney's office, if practicable, shall inform the victim of any pending motion or decision by the district attorney to sequester the victim from a critical stage in the case. The district attorney shall inform the court of the victim's position on the motion or the district attorney's decision, if any. If the victim has objected, then the court, before granting the sequestration order, shall state in writing or on the record that the victim's objection was considered and state the basis for the court's decision.

4. After a crime has been charged, unless inconsistent with the requirements of investigative activities, the district attorney shall consult, where practicable, with the victim concerning the reduction of charges, negotiated pleas, diversion, dismissal, seeking of death penalty, or other disposition. Failure to comply with this subsection (4) shall not invalidate any decision, agreement, or disposition. This subsection (4) shall not be construed as a restriction on or delegation of the district attorney's authority under the constitution and laws of this state.
5. All reasonable attempts shall be made to protect any victim or the victim's immediate family from harm, harassment, intimidation, or retaliation arising from cooperating in the reporting, investigation, and prosecution of a crime. Law enforcement officials and the district attorney shall provide reasonable efforts to minimize contact between the victim and the victim's immediate family and the defendant and the relatives of the defendant before, during, and immediately after a judicial proceeding. Whenever possible, a waiting area shall be provided that is separate in both proximity and sight from that of the defendant, the defendant's relatives, and any defense witnesses.
6. 1. A victim or an individual designated by the victim may be present at all critical stages of a criminal proceeding regarding any crime against such victim unless the court or the district attorney determines that exclusion of the victim is necessary to protect the defendant's right to a fair trial or the confidentiality of juvenile proceedings. If the victim is present, the court, at the victim's request, may permit the presence of an individual to provide support to the victim.
   2. A victim may be present at the phase of the trial at which the defendant is determined to be guilty or not guilty and may be heard at such phase of the trial if called to testify by the district attorney, defense, or court if any such statement would be relevant.
   3. The court shall make all reasonable efforts to accommodate the victim upon the return of a verdict by the jury. If the court is informed by the district attorney that the victim is en route to the courtroom for the reading of the verdict, the court shall state on the record that it has considered the information provided by the district attorney prior to the return of the verdict by the jury.
7. When a victim's property is no longer needed for evidentiary reasons, the district attorney or any law enforcement agency shall, upon request of the victim, return such property to the victim within five working days unless the property is contraband or subject to forfeiture proceedings.
8. An employer may not discharge or discipline any victim or a member of a victim's immediate family for honoring a subpoena to testify in a criminal proceeding or for participating in the preparation of a criminal proceeding.
9. The district attorney and any law enforcement agency shall inform each victim as to the availability of the following services:
   1. Follow-up support for the victim and the victim's immediate family in order to ensure that the necessary assistance is received by such persons;
   2. Services for child victims and elderly victims, and services for victims who are persons with disabilities, which are directed to the special needs of such victims;
   3. Referral to special counseling facilities and community service agencies by providing the names and telephone numbers of such facilities or agencies, whether public or private, which provide such services as crisis intervention services, victim compensation funds, victim assistance resources, legal resources, mental health services, social services, medical resources, rehabilitative services, financial assistance, and other support services;
   4. Transportation and household assistance to promote the participation of any victim or the victim's immediate family in the criminal proceedings;
   5. Assistance in dealing with creditors and credit reporting agencies to deal with any financial setbacks caused by the commission of a crime;
   6. Interpretation services and information printed in languages other than the English language;
   7. Child care services to enable a victim or the victim's immediate family to give testimony or otherwise participate in the prosecution of a criminal proceeding; and
   8. The existence of a criminal protection order pursuant to section 18-1-1001 or 19-2.5-607 and, upon request of the victim, information about provisions that may be added or modified and the process for requesting such an addition or modification.
10. 1. After the initial contact between a victim and a law enforcement agency responsible for investigating a crime, the agency shall promptly give the victim the following information in writing:
       1. A statement of the victim's rights as enumerated in this article;
       2. Information concerning the availability of victim assistance, medical, and emergency services;
       3. Information concerning the availability of compensatory benefits pursuant to this article and the name, address, and telephone number of any person to contact to obtain such benefits;
       4. The availability of protection for the victim from the person accused of committing a crime against the victim, including protective court orders; and
       5. The right of a victim to request a copy of the law enforcement report and other documents related to the case, including the right to receive a free copy of the initial incident report. The release of any documents associated with the investigation is at the discretion of the law enforcement agency based on the status of the case.
    2. As soon as available, the law enforcement agency shall give to each victim, as appropriate, the following information:
       1. The business address and business telephone number of the office of the district attorney;
       2. The file number of the case and the name, business address, and business telephone number of any law enforcement officer assigned to investigate the case;
       3. Unless such information would be inconsistent with the requirements of the investigation, information as to whether a suspect has been taken into custody and, if known, whether the suspect has been released, any conditions imposed upon such release, and further notification that may be required pursuant to section 24-4.1-302.5 (1)(c);
       4. The law enforcement agency shall provide the victim in a cold case information concerning any change in the status of the case. In addition, the law enforcement agency shall provide an update at least annually to the victim concerning the status of a cold case involving one or more crimes for which the criminal statute of limitations is longer than three years.
       5. Any final decision not to file misdemeanor charges against a person accused of committing any crime specified in section 24-4.1-302 (1) against the victim unless law enforcement and the district attorney's office in a judicial district have developed a policy specifying the manner in which to inform victims of decisions not to file charges in a case.
11. The district attorney shall inform a victim of the following:
    1. The filing of charges against a person accused of committing any of the crimes specified in section 24-4.1-302 (1) against the victim, including an explanation of the charges when necessary; or a final decision not to file felony charges against a person for whom law enforcement has requested, pursuant to section 16-21-103 (2)(a), C.R.S., the filing of charges for any of the crimes specified in section 24-4.1-302 (1) committed against the victim unless law enforcement and the district attorney's office in a judicial district have developed a policy specifying the manner in which to inform victims of decisions not to file charges in a case;
    2. The charges to be filed, prior to filing of the charges, if the most serious charge to be filed is lower than the most serious charge for which the individual was arrested and the filing of the lower charge may result in the court issuing a new, lower bond;
    3. Any of the critical stages specified in section 24-4.1-302 (2)(a) to (2)(j) and (2)(l) of a criminal proceeding relating to a person accused of a crime against the victim; except that the district attorney shall not be obligated to inform the victim of any appellate review undertaken by the attorney general's office;
    4. Any critical stage described in section 24-4.1-302 (2)(r.3) relating to a hearing concerning a petition for the expungement of juvenile records, which records concern an offense committed by the juvenile against the victim;
    5. Any motion filed or any hearing concerning a motion or petition for sealing of records as described in section 24-72-706, 24-72-709, or 24-72-710 that was filed by a defendant in the criminal case and whose crime falls under section 24-4.1-302 (1). The notification should be made using the last known contact information that is available for the victim.
    6. The assignment of any case regarding a crime against the victim, including the file number of such case and, if available, the name, business address, and business telephone number of any deputy district attorney assigned to the case, and the court room to which the case is assigned;
    7. The date, time, and place of any of the critical stages specified in section 24-4.1-302 (2)(a) to (2)(j) and (2)(l) of the proceeding;
    8. The availability of benefits pursuant to this article and the name, address, and telephone number of any person to contact to obtain such benefits;
    9. The availability of transportation to and from any court proceeding for any victim, except as provided in section 24-4.1-302.5 (2);
    10. The availability of restorative justice practices, as defined in section 18-1-901 (3)(o.5), C.R.S., which includes victim-offender conferences;
    11. The right to complete a written victim impact statement. The victim has the option to complete the statement on a form provided by the district attorney's office. The district attorney shall inform the victim that the defendant has a right to view the victim impact statement.
    12. The availability of the district attorney to seek a court order to protect a victim's residential address.
12. Unless a victim requests otherwise, the district attorney shall inform each victim of the following:
    1. The function of a presentence report, including the name and telephone number of the probation office preparing any such report regarding a person convicted of a crime against the victim, and the right of a victim, or a member of the victim's immediate family, to make a victim impact statement pursuant to this article;
    2. The defendant's right to view the presentence report and the victim impact statement;
    3. The date, time, and location of any sentencing or resentencing hearing;
    4. The right of the victim, or a member of the victim's immediate family, to attend and to express an opinion at the sentencing hearing as to the appropriateness of any sentence proposed to the court for consideration;
    5. Any sentence imposed;
    6. 1. The date, time, and location of any hearing for modification of a sentence pursuant to rule 35 (a) or rule 35 (b) of the Colorado rules of criminal procedure or any provision of state or federal law; except that a district attorney is not required to inform each victim of a resentencing following a probation revocation hearing or a request for early termination of probation. For both probation revocation hearings and requests for early termination, it is the responsibility of the probation department to notify the victim if the victim has requested post-sentencing notification.
       2. If a hearing is not scheduled and the court has reviewed a written motion for modification of sentence and is considering granting any part of the motion without a hearing, the court shall inform the district attorney, and the district attorney shall notify and receive input from the victim to give to the court before the court rules on the motion.
       3. If the court has reviewed and denied the written motion without a hearing, the district attorney is not required to notify the victim regarding the filing of or ruling on the motion.
       4. This paragraph (f) does not modify the probation department's responsibility to notify a victim that has opted to receive notifications described in subsection (13.5) of this section.
    7. Any motion to modify the terms and conditions of an unsupervised deferred sentence for which the district attorney's office is the monitoring agency. The procedures for notifying victims outlined in subparagraphs (I) and (II) of paragraph (f) of this subsection (12) apply to the district attorney and the court with regard to this motion.
    8. The right to receive information from correctional officials concerning the imprisonment and release of a person convicted of a crime against the victim pursuant to subsection (14) of this section;
    9. The right to receive information from the state mental health hospital concerning the custody and release of an offender who was ordered by a court into the hospital's custody pursuant to subsection (14.2) of this section;
    10. The right to receive information from the probation department concerning information outlined in subsection (13.5) of this section regarding a person convicted of a crime against the victim;
    11. The decision, whether by court order, stipulation of the parties, or otherwise, to conduct postconviction DNA testing to establish the actual innocence of the person convicted of a crime against the victim. If court proceedings are initiated based on the results of the postconviction DNA testing, the victim shall be notified of the court proceedings by the district attorney's office that filed and prosecuted the charges resulting in the entry of the judgment of conviction challenged by the defendant. If the attorney general's office is the agency that decides to conduct postconviction DNA testing, the attorney general's office is responsible for notifying the victim.
    12. The right to be informed of a request for progression from the state mental health hospital on behalf of a person in its custody as a result of a criminal case involving the victim.
13. If a person convicted of a crime against the victim seeks appellate review or attacks the conviction or sentence, the district attorney or the office of the attorney general, whichever is appropriate, shall inform the victim of the status of the case and of the decision of the court.
    1. (13.5) (a) Following a sentence to probation and upon the written request of a victim, the probation department shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:
       1. The location and telephone number of the probation department responsible for the supervision of the person;
       2. The date of the person's termination from probation supervision;
       3. Any request for release of the person in advance of the person's imposed sentence or period of probation, including notification of the victim's right to be present and heard at the hearing and notification of the results of such a hearing pursuant to section 24-4.1-302.5 (1)(d). If a hearing is not scheduled and the court has reviewed a written motion for early termination of probation and is considering granting the motion without a hearing, the court shall inform the probation department and the district attorney's office, and the probation department shall notify and receive input from the victim to give to the court before the court rules on the motion. If the court has reviewed and denied such a request without a hearing, the probation department is not required to notify the victim regarding the filing of or ruling on the request.
       4. Any probation revocation or modification hearing at which the person's sentence may be reconsidered or modified and any changes in the scheduling of the hearings, including notification of the victim's right to be present and heard at the hearing and notification of the results of such a hearing pursuant to section 24-4.1-302.5 (1)(d). If a hearing is not scheduled and the court has reviewed a written motion for modification of sentence and is considering granting any part of the motion without a hearing, the court shall inform the probation department and the district attorney's office, and the probation department shall notify and receive input from the victim to give to the court before the court rules on the motion. If the court has reviewed and denied the written motion without a hearing, the probation department is not required to notify the victim regarding the filing of or ruling on the motion.
       5. Any motion filed by the probation department requesting permission from the court to modify the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108 if the motion has not been denied by the court without a hearing;

          (V.5) Any change of venue, transfer of probation supervision from one jurisdiction to another, or interstate compact transfer of probation supervision;

       6. Any complaint, summons, or warrant filed by the probation department for failure to report to probation or because the location of a person convicted of a crime is unknown;
       7. The death of the person while under the jurisdiction of the probation department;
       8. Concerning domestic violence cases, any conduct by the probationer that results in an increase in the supervision level by the probation department; and
       9. Any court-ordered modification of the terms and conditions of probation as described in section 18-1.3-204 or 19-2.5-1108.
    2. Repealed.
14. Upon receipt of a written victim impact statement as provided in section 24-4.1-302.5 (1)(j.5), the department of corrections shall include the statement with any referral made by the department of corrections or a district court to place an offender in a public or private community corrections facility or program. The department of corrections or the public or private local corrections authorities shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:
    1. The institution in which such person is incarcerated or otherwise being held;
    2. The projected date of such person's release from confinement;
    3. Any release of such person on furlough or work release or to a community correctional facility or other program, or statutory discharge in advance of such release;
    4. Any scheduled parole hearings or full parole board reviews regarding the person and any changes in the scheduling of such hearings, including notification of the victim's right to be present and heard at such hearings;
    5. Any escape or unauthorized absence as described in section 18-8-208.2 (1) by such person, or transfer or release from any state hospital, a detention facility, a correctional facility, a community correctional facility, or other program, and any subsequent recapture of such person;
    6. Repealed.
    7. The transfer to or placement in a nonsecured facility of a person convicted of a crime, any release or discharge from confinement of the person, and any conditions attached to the release;
    8. The death of the person while in custody or while under the jurisdiction of the state of Colorado concerning the crime;
    9. The transition of the person from a residential facility to a nonresidential setting;
    10. Any decision by the parole board and any decision by the governor to commute the sentence of the person or pardon the person; and
    11. The date, time, and location of a scheduled execution.

    (14.1) The Colorado mental health institute at Pueblo, or the Colorado mental health institute at Fort Logan, as may be applicable, shall notify the victim of the following information regarding any person who was charged with or convicted of a crime against the victim:

    1. The institution in which the person resides;
    2. Any release of the person on furlough or other program, in advance of such release;
    3. Any other transfer or release from the state hospital;
    4. Any escape by the person and any subsequent recapture of the person; and
    5. The death of the person while in custody or while under the jurisdiction of the state.

    (14.2) Upon receipt of a written statement as provided in section 24-4.1-302.5 (1)(j.5), the department of human services, division of youth services, shall include the statement with any referral made by the department of human services or a district court to place an offender in a public or private community corrections facility or program. The department of human services and any state hospital shall notify the victim of the following information regarding any person who was charged with or adjudicated of a crime against the victim:

    1. The institution in which such person is incarcerated or otherwise being held;
    2. The projected date of such person's release from confinement;
    3. Any release of such person on furlough or work release or to a community correctional facility or other program, in advance of such release;
    4. Repealed.
    5. Any escape or unauthorized absence as described in section 18-8-208.2 (1) by the person, or transfer or release from any state hospital, a detention facility, a correctional facility, a community correctional facility, parole supervision, or other program, and any subsequent recapture of the person;
    6. Any decision by the governor to commute the sentence of the person or pardon the person;
    7. The transfer to or placement in a nonsecured facility of a person adjudicated of a crime, any release or discharge from the sentence of the person, and any conditions attached to the release;
    8. The death of the person while in custody or while under the jurisdiction of the state;
    9. Any request by the department of human services to the juvenile court to modify the sentence to commitment and any decision by the juvenile court to modify the sentence to commitment; and
    10. Any placement change that occurs during the person's parole that may affect the victim's safety, as determined by the division of youth services.

    (14.3) Upon receipt of a written statement from the victim, the juvenile parole board shall notify the victim of the following information regarding any person who was charged with or adjudicated of an offense against the victim:

    1. Any scheduled juvenile parole hearings pursuant to sections 19-2.5-1203 and 19-2.5-1206 regarding the person, any change in the scheduling of such a hearing in advance of the hearing, the victim's right to be present and heard at such hearings, the results of any such hearing, any parole decision to release the person, and the terms and conditions of any such release;
    2. Any escape by the person while serving juvenile parole and any subsequent recapture of the person;
    3. Any placement change that occurs during the period of parole that may impact the victim's safety or public safety as determined by the division of youth services; and
    4. Any discharge from juvenile parole.

    (14.4) The court or its designee, pursuant to section 18-3-415, C.R.S., shall disclose the results of any testing for a sexually transmitted infection that is ordered and performed pursuant to section 18-3-415, 25-4-408 (6), or 25-4-412, C.R.S., to any victim of a sexual offense in the case in which the testing was ordered. Disclosure of diagnostic test results must comply with the requirements of section 25-4-410 (2), C.R.S.

    1. (14.5) (a) At any proceeding specified in section 24-4.1-302.5 (1)(d), the court shall inquire whether the victim is present and wishes to address the court. The court shall advise the victim of his or her right to address the court regarding issues relevant to the case.
    2. At a proceeding specified in section 24-4.1-302.5 (1)(d)(VII), involving a subpoena for records of a victim, the court shall ascertain whether the victim received notice from the district attorney's office of the subpoena. After considering all evidence relevant to the subpoena, the court shall deny a request for a victim's records that are privileged pursuant to section 13-90-107, C.R.S., unless the court makes a finding supported by specific facts that a victim has expressly or impliedly waived the victim's statutory privilege specified in section 13-90-107, C.R.S.
    3. The court shall inform the probation department and the district attorney's office before any hearing regarding any request by the probationer for early termination of probation or any change in the terms and conditions of probation.
    1. (14.7) (a) The court or its designee shall ensure that victim information be provided to any entity responsible for victim notification after the defendant is sentenced.
    2. The court shall notify the victim of petitions or motions filed to cease sex offender registration pursuant to sections 16-22-103 (5) and 16-22-113 (2) and (2.5).
    1. (14.9) (a) If, in a case of an alleged sex offense that has not resulted in a conviction or plea of guilty or when a law enforcement report or a medical report is filed pursuant to section 12-240-139 (1)(b)(I), the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory with custody of forensic medical evidence wants to destroy the evidence, it shall notify the victim at least sixty days prior to the destruction of the forensic medical evidence.
    2. When a victim objects to the destruction of forensic medical evidence after receiving notice pursuant to subsection (14.9)(a) of this section, the law enforcement agency, the Colorado bureau of investigation, or the accredited crime laboratory shall retain the forensic medical evidence for an additional ten years.
15. 1. Unless specifically stated otherwise, the requirements of this section to provide information to the victim may be satisfied by either written, electronic, or oral communication with the victim or the victim's designee. The person responsible for providing the information shall do so in a timely manner and advise the victim or the victim's designee of any significant changes in the information. The victim or the victim's designee shall keep appropriate criminal justice authorities informed of the name, address, electronic mail address, if available, and telephone number of the person to whom the information should be provided, and any changes of the name, address, electronic mail address, and telephone number.
    2. A victim who turns eighteen years of age has the right to request notification from a criminal justice agency and to become the primary point of contact. The designee for the victim shall also continue to receive notifications if the designee has requested notification; except that the notifying agency has the discretion to notify only the victim if the victim so requests or if the agency deems that extenuating and documentable circumstances justify discontinuing notification to the victim's designee. The right of a victim's designee to address the court remains in effect even if the victim requests notification from a criminal justice agency.
    3. An agency that is required to notify a victim under this part 3 shall make reasonable attempts to contact the victim or the victim's designee by mail, electronic communication, if the victim or the victim's designee has provided an electronic mail address, and by telephone. If the victim or the victim's designee does not provide the agency with a forwarding address, electronic mail address, and telephone number and the agency is unable to locate the victim or the victim's designee after reasonable attempts have been made to contact the victim or the victim's designee, the agency shall be deemed to have met its obligation under this part 3 and shall not be required to notify the victim or victim's designee until the victim or victim's designee provides the agency with the current address, electronic mail address, if available, and telephone of the victim and the name of the victim's current designee, if applicable.
    4. An agency that is required to notify a victim under this part 3 may use an automated victim notification system.
16. A defendant or person accused or convicted of a crime against the victim shall have no standing to object to any failure to comply with this article.
17. Any affected person, except as provided in subsection (16) of this section, may enforce compliance with this article by notifying the crime victim services advisory board created in section 24-4.1-117.3 (1) of any noncompliance with this article. The crime victim services advisory board shall review any report of noncompliance, and, if the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the board shall refer the report of noncompliance to the governor, who shall request that the attorney general file suit to enforce compliance with this article. A person, corporation, or other legal entity shall not be entitled to claim or to receive any damages or other financial redress for any failure to comply with this article.
18. The district attorney, a law enforcement agency, a probation department, a state or private correctional facility, the department of human services, or the Colorado mental health institute at Pueblo shall make all reasonable efforts to exclude or redact a victim's social security number or a witness' social security number from any criminal justice document or record created or compiled as a result of a criminal investigation when the document or record is released to anyone other than the victim, a criminal justice agency that has duties under this article, or the attorney for the defendant.

Source: L. 84: Entire part added, p. 655, § 3, effective May 14. L. 87: (1)(i.5) added, p. 922, § 1, effective July 1. L. 92: Entire section amended, p. 421, § 4, effective January 14, 1993. L. 94: IP(14) amended, p. 2693, § 229, effective July 1. L. 95: (3) to (5), (10)(a)(I), (11)(a), (11)(b), IP(14), (14)(c), (14)(e), (14)(g), and (14)(h) amended and (14.5) added, p. 1404, § 6, effective July 1. L. 97: (13.5) added, p. 1562, § 7, effective July 1. L. 2000: (2), (6), and IP(14) amended and (14.3) and (14.7) added, p. 241, § 6, effective March 29. L. 2001: (13.5) amended, p. 32, § 2, effective August 8. L. 2002: (13.5)(b) repealed, p. 123, § 1, effective August 7. L. 2006: (9)(f), (10)(b)(II), (11)(a), (11)(b), (11)(d), (13.5)(a)(III), (13.5)(a)(V), (13.5)(a)(VI), (13.5)(a)(VII), IP(14), (14.7), and (15) amended and (10)(b)(IV), (10)(b)(V), (13.5)(a)(VIII), and (14.2) added, pp. 646, 647, 648, §§ 5, 6, 7, 8, 9, 10, effective July 1. L. 2007: IP(14.2) amended, p. 840, § 4, effective May 14. L. 2008: (11)(a.5) added, p. 327, § 3, effective April 7; (14.2)(g), (14.2)(h), and (14.3) amended and (14.2)(i) and (14.4) added, p. 1108, §§ 14, 15, effective July 1. L. 2009: (1), (9)(a), and (17) amended, (SB 09-047), ch. 129, p. 557, § 6, effective July 1. L. 2011: (11)(e) and (11)(f) amended and (11)(g) added, (HB 11-1032), ch. 296, p. 1408, § 20, effective August 10. L. 2012: (9)(f), (9)(g), IP(10)(a), (10)(a)(V), (11)(f), (11)(g), (12)(e), (12)(f), (13.5)(a)(V), IP(14), (14)(g), (14)(h), (14.5), and (15) amended and (9)(h), (11)(h), (11)(i), (12)(f.5), (12)(h), (12)(i), (13.5)(a)(V.5), (14)(i), and (18) added, (HB 12-1053), ch. 244, p. 1154, § 3, effective August 8. L. 2013: (11)(b.5) added, (HB 13-1082), ch. 238, p. 1158, § 4, effective August 7; (11)(g) amended, (HB 13-1254), ch. 341, p. 1990, § 12, effective August 7. L. 2014: (11)(b.7) and (13.5)(a)(IX) added, (HB 14-1148), ch. 95, p. 349, § 3, effective August 6. L. 2015: (11)(b.7) amended, (SB 15-264), ch. 259, p. 958, § 62, effective August 5. L. 2016: (12)(c) amended, (SB 16-181), ch. 353, p. 1452, § 8, effective June 10; (14.4) amended, (SB 16-146), ch. 230, p. 920, § 17, effective July 1. L. 2017: (14.3)(c) amended, (HB 17-1329), ch. 381, p. 1981, § 54, effective June 6; (3.5), (12)(g.5), (12)(j), (14)(j), (14)(k), (14.1), (14.2)(j), and (14.5)(c) added, (9)(g), (10)(b)(III), (12)(f)(I), (12)(g), (12)(h), (13.5)(a)(III), (13.5)(a)(IV), (13.5)(a)(V), (13.5)(a)(VIII), (13.5)(a)(IX), (14)(c), (14)(d), (14)(h), IP(14.2), (14.2)(e), (14.2)(f), (14.2)(g), (14.2)(h), (14.2)(i), IP(14.3), and (14.3)(a) amended, and (14)(f) and (14.2)(d) repealed, (SB 17-051), ch. 155, p. 529, § 3, effective August 9. L. 2018: (14.7)(b) amended, (SB 18-026), ch. 143, p. 926, § 5, effective August 8. L. 2019: (10)(b)(III), (10)(b)(IV), (12)(g), (12)(g.5), IP(14), IP(14.1), and IP(14.2) amended, (HB 19-1064), ch. 296, p. 2751, § 5, effective May 28; (11)(b.7) amended, (HB 19-1275), ch. 295, p. 2748, § 6, effective August 2. L. 2020: (14)(e) and (14.2)(e) amended, (HB 20-1019), ch. 9, p. 29, § 13, effective March 6. L. 2021: (14.9) added, (HB 21-1143), ch. 191, p. 1012, § 5, effective May 27; (14.7)(b) amended, (HB 21-1064), ch. 320, p. 1970, § 12, effective September 1; (11)(b.7) amended, (HB 21-1214), ch. 455, p. 3037, § 10, effective September 7; (9)(h), (13.5)(a)(V), (13.5)(a)(IX), and (14.3)(a) amended, (SB 21-059), ch. 136, p. 743, § 110, effective October 1.

Cross references: (1) For content of victim impact statements, see § 16-11-102 (1.5); for the right of victims to attend sentencing hearings and parole hearings, see §§ 16-11-601 and 17-2-214; for the issuance of protection orders against defendants, see § 18-1-1001; for restitution to victims of crime, see article 28 of title 17.

(2) For the legislative declaration in HB 21-1143, see section 1 of chapter 191, Session Laws of Colorado 2021.

24-4.1-304. Child victim or witness - rights and services.

1. In addition to all rights afforded to a victim or witness under section 24-4.1-302.5, law enforcement agencies, prosecutors, and judges are encouraged to designate one or more persons to provide the following services on behalf of a child who is involved in criminal proceedings as a victim or a witness:
   1. To explain, in language understood by the child, all legal proceedings in which the child will be involved;
   2. To act, as a friend of the court, to advise the judge, whenever appropriate, of the child's ability to understand and cooperate in any court proceeding;
   3. To assist the child and the child's family in coping with the emotional impact of the crime and any subsequent criminal proceeding in which the child is involved;
   4. To advise the district attorney concerning the ability of a child witness to cooperate with the prosecution and concerning the potential effects of the proceeding on the child.

Source: L. 84: Entire part added, p. 656, § 3, effective May 14. L. 85: IP(1) amended, p. 1361, § 18, effective June 28. L. 92: IP(1) amended, p. 427, § 5, effective January 14, 1993.

24-4.1-305. Disclosure by agent of defense-initiated victim outreach required - definition.

1. When any person attempting defense-initiated victim outreach contacts any victim of any crime, the person shall immediately provide full and unambiguous disclosure of:
   1. The person's legal name; and
   2. The fact that the person is acting as an agent for the person accused of the crime or for the defense team of such person.
2. 1. As used in this section, unless the context requires otherwise, "defense-initiated victim outreach" means any effort by the defense team, including but not limited to a victim liaison, victim outreach specialist, social worker, investigator, or other individual, to directly or indirectly contact a victim or a victim's family member on behalf of the defendant or defense counsel.
   2. The definition in paragraph (a) of this subsection (2) does not require the identified members of a defense team to comply with any guidelines or standards promulgated by any professional defense-initiated victim outreach organization.

Source: L. 2015: Entire section added, (HB 15-1218), ch. 155, p. 463, § 1, effective August 5.

24-4.1-401. Definitions.

As used in this part 4, unless the context otherwise requires:

1. "Certification form" or "certification" means the federal form I-918, supplement B, "U Nonimmigrant Status Certification", or any successor form, required under 8 U.S.C. sec. 1184 (p)(1) and 8 CFR 214.14 (c)(2)(i) and as defined under 8 CFR 214.14 (a)(12), which confirms that the petitioner is a victim of qualifying criminal activity and has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the qualifying criminal activity of which the petitioner is a victim.
2. "Certifying agency" or "agency" has the same meaning as defined in 8 CFR 214.14 (a)(2) and includes but is not limited to:
   1. A state or local law enforcement agency;
   2. The office of a district, county, or city attorney;
   3. A court;
   4. The office of the attorney general;
   5. Any other agency that is responsible for the detection, investigation, or prosecution of a qualifying crime or criminal activity; or
   6. Entities that have criminal detection or investigative jurisdiction in their respective areas of expertise, including but not limited to a county department of human or social services and the department of labor and employment.
3. "Certifying official" has the same meaning as defined in 8 CFR 214.14 (a)(3) and includes but is not limited to:
   1. The head of the certifying agency;
   2. A person in a supervisory role who has been specifically designated by the head of a certifying agency to issue certifications on behalf of that agency; or
   3. A judge or magistrate.
4. "Qualifying criminal activity" has the same meaning as defined in 8 CFR 214.14 (a)(9), including any activity that constitutes a crime as defined pursuant to Colorado law, regardless of the statutory language or title used pursuant to Colorado law, for which the nature and elements of the offenses are substantially similar to the general categories of offenses enumerated in 8 U.S.C. sec. 1101 (a)(15)(U), or any other similar criminal activities, and the attempt, conspiracy, or solicitation to commit any of those offenses.
5. "Victim of qualifying criminal activity" or "victim" has the same meaning as defined in 8 CFR 214.14 (a)(14) and includes an individual who has suffered direct and proximate harm as a result of the commission of qualifying criminal activity, including direct victims; indirect victims, as defined under 8 CFR 214.14 (a)(14)(i), regardless of the direct victim's immigration or citizenship status; and bystander victims, as recognized under the federal register at 72 FR 53016.

Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 510, § 1, effective September 1.

24-4.1-402. Immigration certification forms - completion deadlines.

1. For the time period of September 1, 2021, through June 30, 2022, and except as provided in subsection (2) of this section, a certifying agency shall process and either sign or decline to sign a certification form within one hundred twenty days after receipt of a request.
2. For the time period of September 1, 2021, through June 30, 2022, a certifying agency shall process and either sign or decline to sign a certification form within sixty days after receipt of a request if:
   1. The requestor provides documentation that he or she is in federal immigration removal proceedings; or
   2. The requestor provides documentation that one or more children, parents, or siblings of the requestor would become ineligible for U nonimmigrant status by virtue of age within sixty business days after the date that the certifying official receives the certification form request.
3. On and after July 1, 2022, and except as provided in subsection (4) of this section, a certifying agency shall process and either sign or decline to sign a certification form within ninety days after receipt of a request.
4. On and after July 1, 2022, a certifying agency shall process and either sign or decline to sign a certification form within thirty days after receipt of a request if:
   1. The requestor provides documentation that he or she is in federal immigration removal proceedings; or
   2. The requestor provides documentation that one or more children, parents, or siblings of the requestor would become ineligible for U nonimmigrant status by virtue of age within sixty business days after the date that the certifying official receives the certification form request.

Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 511, § 1, effective September 1.

24-4.1-403. Certification forms - signature requirement - limitation on factors for consideration.

1. Upon request, a certifying official from a certifying agency shall execute and sign the certification form when it is determined that the victim:
   1. Was a victim of qualifying criminal activity; and
   2. Has been helpful, is being helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity.
2. 1. For purposes of determining helpfulness pursuant to subsection (1)(b) of this section, a victim is helpful, has been helpful, or is likely to be helpful to the detection, investigation, or prosecution of that qualifying criminal activity if there is no documentation that the victim refused or failed to provide assistance reasonably requested by law enforcement.
   2. A certifying agency's inability to communicate with a victim due to the victim's language must not be considered a refusal or failure to provide assistance.
3. The certifying agency shall not consider any other factors in deciding whether to sign the certification form, except whether the individual was a victim of qualifying criminal activity and the victim's helpfulness, as specified in subsection (1) of this section.
4. If a certifying official or agency signs the certification form, the official or agency shall return the signed certification form to the requestor, along with, free of charge, relevant pages of offense reports related to the qualifying criminal activity subject to release by law, unless already provided by another agency. The timing of release of such reports for open investigations or prosecutions is subject to the certifying agency's discretion.
5. The certifying agency is neither a sponsor nor a decision-maker in the granting of a U visa. A certifying official's completion of a certification form is not sufficient evidence that an applicant for a U visa has met all eligibility requirements and does not guarantee that the victim will receive a U visa. It is the exclusive responsibility of federal immigration officials to determine whether a person is eligible for a U visa. Completion of a certification form by a certifying official merely verifies factual information relevant for federal immigration officials to determine eligibility for a U visa. By completing a certification form, the certifying official attests that the information is true and correct to the best of the certifying official's knowledge.
6. More than one victim may be identified and provided with certification, depending upon the circumstances.
7. If a certifying official or agency declines to sign the certification form, the official or agency shall, in writing, notify the requestor of the reason or reasons for the denial within the times set forth in section 24-4.1-402. The denial notification must contain a detailed explanation of the reason or reasons for the denial, consisting of one of the following:
   1. Lack of jurisdiction over the certification form request due to the certifying agency not having been involved in the detection, investigation, or prosecution of the qualifying criminal activity;
   2. The requestor was not a victim of qualifying criminal activity; or
   3. Lack of helpfulness, including documented instances of failure or refusal to comply with reasonable requests for assistance.
8. Upon receiving notice that a request for a certification form pursuant to this section is denied, a requestor may provide supplemental information to the certifying agency and request that the certification form denial be reviewed by the certifying agency.
9. A requestor may seek a subsequent certification from the same certifying agency or may seek certification from multiple certifying agencies.

Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 512, § 1, effective September 1.

24-4.1-404. Prohibition on disclosure of victim's immigration status.

A certifying agency is prohibited from disclosing the personal identifying information or immigration status of a victim or person requesting the certification except to comply with federal or state law or process.

Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 513, § 1, effective September 1.

24-4.1-405. Duty to inform victims.

Certifying agencies shall provide information regarding the U visa and the agency's procedures for certification to victims.

Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 514, § 1, effective September 1.

24-4.1-406. Reports.

1. On or before September 1, 2022, and on or before each March 1 thereafter, a certifying agency that receives a request for a certification shall report to the division of criminal justice in the department of public safety on an annual basis and in aggregate form, subject to the restrictions set forth in section 24-4.1-404, the following:
   1. The number of requests for certification received;
   2. The number of certifications that were signed;
   3. The total number that were denied;
   4. The number of certifications that were denied for each reason specified pursuant to section 24-4.1-403 (7); and
   5. The number of decisions that fell outside the prescribed completion deadlines.
2. The division shall make the reports available to the public upon request.

Source: L. 2021: Entire part added, (HB 21-1060), ch. 126, p. 514, § 1, effective September 1.

24-4.2-101. Victims and witnesses assistance and law enforcement board - creation.

1. There is hereby created in each judicial district a victims and witnesses assistance and law enforcement board, referred to in this article as the "board". Each board shall be composed of five members to be appointed by the chief judge of the judicial district. In making such appointments, the chief judge shall consider whether an appointee represents or belongs to an organization, public or private, which might reasonably be anticipated to be a recipient of moneys pursuant to this article. In multicounty judicial districts, to the extent possible, members shall fairly reflect the population of the judicial district. The board shall designate one of its members as chairman.
2. The term of office of each member of the board shall be three years; except that, of those members first appointed, one shall be appointed for a one-year term, two for two-year terms, and two for three-year terms. All vacancies, except through the expiration of term, shall be filled for the unexpired term only. Each member may be reappointed once and serve two consecutive terms. A person may be reappointed to the board thereafter if it has been at least one year since such person served on the board.
3. Members of the board shall receive no compensation.

Source: L. 84: Entire article added, p. 661, § 22, effective July 1. L. 90: (2) amended, p. 1181, § 4, effective July 1.

24-4.2-102. District attorney to assist board.

The district attorney and his legal and administrative staff shall assist the board in the performance of its duties pursuant to this article.

Source: L. 84: Entire article added, p. 662, § 22, effective July 1.

24-4.2-103. Victims and witnesses assistance and law enforcement fund - control of fund.

1. The victims and witnesses assistance and law enforcement fund is hereby established in the office of the court administrator of each judicial district and is referred to in this article as the "fund". The fund shall consist of all moneys paid as a surcharge as provided in section 24-4.2-104.

   (1.5) In addition to the money paid into the fund pursuant to subsection (1) of this section, the fund consists of money paid pursuant to section 17-27-104 (4)(b)(IV), money transferred from the marijuana tax cash fund pursuant to section 39-28.8-501 (4.9)(c), and any other money that the general assembly may appropriate or transfer to the fund.

   1. (1.7) (a) In addition to the money paid into the fund pursuant to subsections (1) and (1.5) of this section, the fund consists of money appropriated by the general assembly from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, to the office of the court administrator for distribution to the district attorney's office of each judicial district to be used for victims and witness assistance and law enforcement programs and purposes described in sections 24-4.2-103 and 24-4.2-105.
   2. Money appropriated pursuant to this subsection (1.7) from the economic recovery and relief cash fund, created in section 24-75-228, as enacted by Senate Bill 21-291, enacted in 2021, must only fund programs and purposes that also conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended. The office of the state court administrator shall, in consultation with the division of criminal justice and the victims and witness assistance and law enforcement program administrators in each judicial district, distribute the money appropriated pursuant to this subsection (1.7) based on need.
   3. Notwithstanding the provisions of subsection (4) of this section, the district attorney's office of each judicial district may use up to ten percent of any money appropriated pursuant to this subsection (1.7) for development and administrative costs incurred by the district attorney's office pursuant to this section in the provision of programs and services allowed pursuant to the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended.
   4. The requirements set forth in section 24-4.2-105 (1) do not apply to this subsection (1.7).
2. All moneys deposited in the fund shall be deposited in an interest-bearing account which would be a legal investment for the state treasurer. All interest earned by moneys in the fund shall be credited to the fund.
3. At the conclusion of each fiscal year, all moneys remaining in the fund shall remain in the fund for allocation as originally designated under section 24-4.2-105.
4. All moneys deposited in the fund shall be used solely for the purposes designated in section 24-4.2-105; except that the district attorney may use up to an aggregate of ten percent of the total amount of moneys in the fund for administrative costs incurred pursuant to this article and for preparation of victim impact statements required pursuant to section 16-11-102 (1), C.R.S. The board shall determine the manner of reimbursement for preparation of victim impact statements and the method of establishing actual costs for such preparation.
5. The priority use for moneys in the fund created in this section shall be for the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of the services and programs delineated in sections 24-4.1-303, 24-4.1-304, and 24-4.2-105 (4) related to all crimes as defined by section 24-4.1-302 (1).
6. Repealed.

Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 85: (1) amended, p. 795, § 1, effective July 1. L. 92: (5) added, p. 427, § 6, effective January 14, 1993. L. 95: (5) amended, p. 1406, § 7, effective July 1. L. 96: (1.5) added, p. 133, § 2, effective July 1. L. 2003: (6) added, p. 1542, § 1, effective May 1. L. 2015: (6) repealed, (SB 15-264), ch. 259, p. 958, § 63, effective August 5. L. 2021: (1.7) added, (SB 21-292), ch. 291, p. 1722, § 5, effective June 22; (1.5) amended, (HB 21-1315), ch. 461, p. 3120, § 34, effective July 6.

Cross references: (1) For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.

(2) For the legislative declaration in SB 21-292, see section 1 of chapter 291, Session Laws of Colorado 2021.

24-4.2-104. Surcharges levied on criminal actions and traffic offenses.

1. 1. 1. A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses, whichever amount is greater, except as otherwise provided in subsection (1)(b) of this section, is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102 , which criminal action is charged pursuant to state statute. The defendant shall pay these surcharges to the clerk of the court. Each clerk shall transmit the money to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district. (1) (a) (I) A surcharge equal to thirty-seven percent of the fine imposed for each felony, misdemeanor, or class 1 or class 2 misdemeanor traffic offense, or a surcharge of one hundred sixty-three dollars for felonies, seventy-eight dollars for misdemeanors, forty-six dollars for class 1 misdemeanor traffic offenses, and thirty-three dollars for class 2 misdemeanor traffic offenses, whichever amount is greater, except as otherwise provided in subsection (1)(b) of this section, is levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102 , which criminal action is charged pursuant to state statute. The defendant shall pay these surcharges to the clerk of the court. Each clerk shall transmit the money to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
      2. 1. In addition to any other surcharge provided for in this section, a surcharge of one thousand three hundred dollars shall be levied on each criminal action resulting in a conviction or in a deferred judgment and sentence, as provided in section 18-1.3-102, C.R.S., which criminal action is charged pursuant to the statutes listed in sub-subparagraph (B) of this subparagraph (II). These surcharges shall be paid to the clerk of the court by the defendant. Any moneys collected by the clerk pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
         2. The surcharge in sub-subparagraph (A) of this subparagraph (II) shall apply to charges brought pursuant to the following sections: 18-3-305 , 18-3-402 , 18-3-403 , as it existed prior to July 1, 2000, 18-3-404 , 18-3-405 , 18-3-405 .3, 18-3-405.5 , 18-3-503 , 18-3-504 , 18-6-301 , 18-6-302 , 18-6-403 , 18-6-404 , 18-7-302 , 18-7-402 , 18-7-405 , 18-7-405 .5, and 18-7-406 , C.R.S., or any attempt to commit any of these crimes.
         3. (Deleted by amendment, L . 93, p. 2054, § 5, effective June 9, 1993.)
   2. 1. A surcharge shall be levied against a penalty assessment imposed for a violation of a class A or class B traffic infraction or class 1 or class 2 misdemeanor traffic offense pursuant to section 42-4-1701 , C.R.S. The amount of such surcharge shall be one half of the amount specified in the penalty and surcharge schedule in section 42-4-1701 (4) , C.R.S., or, if no amount is specified, thirty-seven percent of the penalty imposed. All moneys collected by the department of revenue pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the infraction occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district as provided in section 42-1-217 , C.R.S. Surcharges paid to the clerk of the court pursuant to this subparagraph (I) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
      2. A surcharge shall be levied against all penalty assessments issued pursuant to section 33-6-104 , C.R.S., in an amount equal to thirty-seven percent of the penalty imposed. Any moneys collected by the division of parks and wildlife pursuant to this subparagraph (II) shall be transmitted to the court administrator of the judicial district in which the offense was committed for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district.
   3. All calculated surcharge amounts resulting in dollars and cents shall be rounded down to the nearest whole dollar. The surcharge levied by this section may not be suspended or waived by the court unless the court determines that the defendant is indigent.
   4. The surcharges levied pursuant to this subsection (1) are separate and distinct from costs levied pursuant to section 24-4.1-119 for the crime victim compensation fund.
   (1.5) Repealed.
2. The provisions of sections 18-1.3-701 and 18-1.3-702, C.R.S., shall be applicable to the collection of costs levied pursuant to this section.

Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 85: (1)(a) amended and (1)(b) R&RE, pp. 795, 796, §§ 2, 3, effective July 1. L. 86: (1)(b)(I) amended, p. 1193, § 3, effective July 1. L. 87: (1) amended, p. 1497, § 7, effective July 1. L. 90: (1)(a) and (1)(c) amended, p. 1181, § 5, effective July 1. L. 91: (1)(a) and (1)(b)(I) amended, p. 241, § 1, effective July 1. L. 93: (1)(a)(I) and (1)(a)(II) amended, pp. 2053, 2054, §§ 4, 5, effective June 9. L. 94: (1)(b)(I) amended, p. 2555, § 52, effective January 1, 1995. L. 96: (1)(a)(I) amended, p. 1695, § 36, effective January 1, 1997. L. 97: (1)(a)(II)(B) amended, p. 1547, § 21, effective July 1. L. 2000: (1)(a)(II)(B) amended, p. 707, § 35, effective July 1. L. 2002: (1)(a)(I), (1)(a)(II)(A), and (2) amended, p. 1530, § 241, effective October 1. L. 2003: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended, p. 1542, § 2, effective May 1. L. 2007: (1)(a)(I), (1)(a)(II)(A), and (1)(b)(I) amended and (1.5) added, p. 1112, § 3, effective July 1. L. 2010: (1)(a)(II)(B) amended, (SB 10-140), ch. 156, p. 540, § 12, effective April 21. L. 2014: (1)(a)(II)(B) amended, (HB 14-1273), ch. 282, p. 1157, § 24, effective July 1. L. 2021: (1)(a)(I) amended, (HB 21-1315), ch. 461, p. 3109, § 7, effective July 6; (1)(a)(I) amended, (SB 21-059), ch. 136, p. 744, § 111, effective October 1.

Editor's note: (1) Subsection (1.5)(b) provided for the repeal of subsection (1.5), effective July 1, 2008. (See L . 2007, p. 1112.)

(2) Amendments to subsection (1)(a)(I) by HB 21-1315 and SB 21-059 were harmonized.

Cross references: (1) For additional costs imposed on criminal actions and traffic offenses, see § 24-4.1-119; for additional costs levied on alcohol- and drug-related traffic offenses, see §§ 42-4-1301 (7)(d) and (7)(g), 42-4-1301.4 (5), and 43-4-402.

(2) For the legislative declaration contained in the 2002 act amending subsections (1)(a)(I), (1)(a)(II)(A), and (2), see section 1 of chapter 318, Session Laws of Colorado 2002.

(3) For the legislative declaration in HB 21-1315, see section 1 of chapter 461, Session Laws of Colorado 2021.

24-4.2-105. Allocation of moneys from fund - application for grants - disbursements.

1. Thirteen percent of the aggregate amount of the moneys in the fund, after payment of the expenses specified in section 24-4.2-103 (4), shall be deposited with the state treasurer to the credit of the fund created pursuant to section 24-33.5-506.
2. Not less than eighty-five percent of the net aggregate of the fund remaining after the deduction of the amounts specified in subsection (1) of this section shall be allocated for the purchase of victims and witnesses services pursuant to subsection (4) of this section, and the remaining moneys may be allocated to the police departments, sheriffs' departments, and district attorneys for the purposes specified in subsection (3) of this section.
   1. (2.5) (a) The board shall not accept, evaluate, or approve any application requesting grants of money from the fund submitted by, or on behalf of, any state agency, including local offices of such agencies; except that:
      1. The court administrator of each judicial district may apply for grants of moneys for the purpose of collecting all moneys assessed by the courts, including moneys owed pursuant to this article, and collecting and disbursing restitution owed to victims of crime; and
      2. The local probation department may apply for grants of moneys for the purpose of implementing the rights of victims established pursuant to article 4.1 of this title.
   2. The state judicial department shall study alternative methods for funding the collection of restitution owed to victims of crime.
3. The board shall accept and evaluate applications from the law enforcement agencies listed in subsection (2) of this section requesting grants of moneys for the following purposes, including, but not limited to, purchase of equipment, training programs, and additional personnel. Such moneys shall not be used for defraying the costs of routine and ongoing operating expenses.
4. The board is authorized to enter into contracts for the purchase and coordination of victims and witnesses assistance services with persons or agencies which the board deems appropriate. Victims and witnesses assistance services may be used for the following:
   1. Provision of services for early crisis intervention;
   2. Provision of telephone lines for victims and witnesses assistance;
   3. Referral of victims to appropriate social service and victim compensation programs and assistance in filling out forms for compensation;
   4. Assistance programs for victims and their families;
   5. Education of victims and witnesses about the operation of the criminal justice system;
   6. Assistance in prompt return of the victims' property;
   7. Notification to the victim of the progress of the investigation, the defendant's arrest, subsequent bail determinations, and the status of the case;
   8. Intercession with the employers or creditors of victims or witnesses;
   9. Assistance to the elderly and to persons with disabilities in arranging transportation to and from court;
   10. Provision of translator services;
   11. Coordination of efforts to assure that victims have a secure place to wait before testifying;
   12. Provision of counseling or assistance during court appearances when appropriate;
   13. Protection from threats of harm and other forms of intimidation; and
   14. Special advocate services.
   1. (4.3) (a) Moneys allocated for the purposes specified in subsections (3) and (4) of this section shall only be used for the purchases of equipment, training programs, additional personnel, and victims and witnesses services that are directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304.
   2. Equipment that may be purchased with such moneys includes technical equipment directly related to the immediate individual physical safety of crime victims.
   3. Grants of moneys may be approved for registration fees and expenses for lodging, travel, and meals for those in-state training programs specifically directed toward delivery of services to crime victims and for the actual cost of providing the necessary staff training directly related to the implementation of the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the provision of services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Nothing in this subsection (4.3) shall preclude volunteer board members from receiving reimbursement for actual and necessary expenses incurred at in-state training programs held pursuant to this paragraph (c). Expenses for lodging, travel, and meals which may be reimbursed pursuant to this paragraph (c) shall not exceed the state government expense reimbursement guidelines.

   (4.7) A requesting agency or person shall acknowledge in writing that such agency or person has read and understands the rights afforded to crime victims pursuant to section 24-4.1-302.5 and the services delineated pursuant to sections 24-4.1-303 and 24-4.1-304. Such written acknowledgment shall be attached to such requesting agency's or person's application for moneys pursuant to this section. The board shall not accept for evaluation any application for a grant of moneys pursuant to this section until the requesting agency or person provides the board with such written acknowledgment.

5. The board shall specify levels and types of services to be provided pursuant to this section and shall review expenditures in accord with these standards.
6. Upon a finding by the board that a disbursement shall be made from the fund, the board shall submit a written request for payment to the court administrator who shall remit payment in accordance with the request.
7. For purposes of this section:
   1. "Victim" and "witness" mean "victim" and "witness" as defined in section 24-4.1-302.
   2. "Special advocate services" means the services offered to aid victims who are children, including, but not limited to, court-appointed special advocate (CASA) programs, sexual assault treatment and prevention programs, community-based youth and family servicing programs, gang alternative programs, school-based intervention and prevention programs, big brother and big sister programs offering aid to children who are victims, restitution programs, partners programs offering aid to children who are victims, and child abuse treatment programs.
   3. "Court-Appointed Special Advocate" or "CASA" means a trained volunteer appointed by the court pursuant to the provisions of part 2 of article 1 of title 19, C.R.S., in a district to aid the court by providing independent and objective information as directed by the court, regarding children involved in actions brought pursuant to this title.

Source: L. 84: Entire article added, p. 662, § 22, effective July 1. L. 88: (4)(c.5) added, p. 892, § 1, effective July 1. L. 90: (1) amended, p. 1181, § 6, effective July 1. L. 91: (4)(k), (4)(l), and (7) amended and (4)(m) added, p. 242, § 2, effective July 1. L. 93: (4)(h) amended, p. 1653, § 54, effective July 1. L. 94: (2) and (3) amended and (2.5), (4.3), and (4.7) added, p. 1243, § 1, effective May 22. L. 95: (4.7) amended, p. 1103, § 36, effective May 31. L. 96: (7)(c) amended, p. 1094, § 5, effective May 23; (2.5)(b) amended, p. 1265, § 178, effective August 7. L. 97: (2.5)(a) amended, p. 1562, § 8, effective July 1. L. 2003: (7)(b) amended, p. 755, § 7, effective March 25.

Cross references: For the legislative declaration contained in the 1996 act amending subsection (2.5)(b), see section 1 of chapter 237, Session Laws of Colorado 1996.

24-4.2-106. Court administrator custodian of fund - disbursements.

The court administrator of each judicial district shall be the custodian of the fund, and all disbursements from the fund shall be paid by him upon written authorization of the board.

Source: L. 84: Entire article added, p. 664, § 22, effective July 1.

24-4.2-107. Regulations.

In the performance of its functions, the board, pursuant to article 4 of this title, may promulgate rules and regulations prescribing the procedures to be followed in the making, filing, and evaluation of grant applications, criteria for evaluation, fiscal procedures including proper investment of moneys in the fund, and any other regulations necessary for the administration of this article.

Source: L. 84: Entire article added, p. 664, § 22, effective July 1.

24-4.2-108. Report of grants and expenditures.

1. Each victims and witnesses assistance and law enforcement board and each crime victim compensation board shall submit a report to the executive director of the department of public safety by such date each year as shall be specified by the executive director of the department of public safety, detailing the amount of funds granted to agencies or individuals pursuant to this article and article 4.1 of this title, the number and types of agencies applying for grants, and the projects and services for which such grants were made.
2. The division of criminal justice in the department of public safety shall report annually to the crime victim services advisory board created in section 24-4.1-117.3 (1) on all grants made and contracts entered into pursuant to this article. The crime victim services advisory board may review the grants and contracts to determine the existence of any conflicts of interest involving members of boards, recipients, or contracting parties.
3. (Deleted by amendment, L . 99, p. 686, § 3, effective August 4, 1999.)

Source: L. 84: Entire article added, p. 664, § 22, effective July 1. L. 90: (1) amended, p. 1182, § 7, effective July 1. L. 94: (3) added, p. 1244, § 2, effective May 22. L. 97: (2) amended, p. 1559, § 2, effective July 1. L. 99: (2) and (3) amended, p. 686, § 3, effective August 4. L. 2009: (2) amended, (SB 09-047), ch. 129, p. 557, § 7, effective July 1.

24-4.2-109. County, city, city and county, or municipality not preempted.

Nothing in this article shall preclude a home rule county, city, city and county, or municipality from enacting provisions to provide funds for law enforcement agencies and victims and witnesses assistance programs through charges assessed on fines imposed for violation of local ordinances.

Source: L. 84: Entire article added, p. 664, § 22, effective July 1.

24-4.2-110. Applicability.

The surcharge specified in section 24-4.2-104 shall apply to offenses committed on or after January 1, 1985.

Source: L. 84: Entire article added, p. 664, § 22, effective July 1.

24-4.2-111. Repeal of article. (Repealed)

Source: L. 84: Entire article added, p. 664, § 22, effective July 1. L. 88: Entire section repealed, p. 320, § 3, effective July 1.

24-5-101. Effect of criminal conviction on employment rights.

1. 1. Except as otherwise provided in subsection (1)(b) of this section, the fact that a person has been convicted of a felony or other offense involving moral turpitude shall not, in and of itself, prevent the person from applying for and obtaining public employment or from applying for and receiving a license, certification, permit, or registration required by the laws of this state to follow any business, occupation, or profession.
   2. This subsection (1) does not apply to:
      1. The offices and convictions described in section 4 of article XII of the state constitution;
      2. The certification and revocation of certification of peace officers as provided in section 24-31-305;
      3. The employment of personnel in positions involving direct contact with vulnerable persons as specified in section 27-90-111, C.R.S.;
      4. The licensure or authorization of educators prohibited pursuant to section 22-60.5-107 (2), (2.5), or (2.6), C.R.S.;
      5. The employment of persons in public or private correctional facilities pursuant to sections 17-1-109.5 and 17-1-202 (1)(a)(I) and (1.5), and the employment of persons in public or private juvenile facilities pursuant to sections 19-2.5-1505 and 19-2.5-1519 (4);
      6. The employment of persons by the public employees' retirement association created pursuant to section 24-51-201 who, upon the commencement of that employment, will have access to association investment information, association assets, or financial, demographic, or other information relating to association members or beneficiaries; and
      7. 1. The employment of persons by the department of public safety, the department of corrections, and the department of revenue.
         2. The exception in subsection (1)(b)(VII)(A) of this section does not apply to positions within the wildland fire management section in the department of public safety.
2. 1. Whenever any state or local agency is required to make a finding that an applicant for a license, certification, permit, or registration is a person of good moral character as a condition to the issuance thereof, or evaluate the impact of an applicant's criminal record, the fact that such applicant has, at some time prior thereto, been convicted of a felony or other offense involving moral turpitude, and pertinent circumstances connected with such conviction, shall be given consideration in determining whether, in fact, the applicant is qualified. The intent of this section is to expand employment opportunities for persons who, notwithstanding that fact of conviction of an offense, have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society.
   2. In evaluating an applicant, an agency shall comply with subsection (4) of this section and shall not use the determination of the following information as a basis for denial or taking adverse action against any applicant otherwise qualified:
      1. The applicant has been arrested for or charged with but not convicted of a criminal offense and the criminal case is not actively pending; except that, an agency may consider the conduct underlying the arrest;
      2. The applicant has been convicted of a criminal offense but pardoned;
      3. The applicant has been convicted of a criminal offense but records of the conviction have been sealed or expunged; or
      4. A court has issued an order of collateral relief specific to the credential sought by the applicant.
3. 1. Unless statute prohibits the employment of a person with a specific criminal conviction for a particular position, an agency shall not advertise the position with a statement that a person with a criminal record may not apply for the position or place on the application a statement that a person with a criminal record may not apply for the position.
   2. 1. With the exception of the department of corrections and the department of public safety, the agency shall not perform a background check until the agency determines that an applicant is a finalist or makes a conditional offer of employment to the applicant.
      2. The exception in subsection (3)(b)(I) of this section does not apply to positions within the wildland fire management section in the department of public safety.
   3. If, after determining that an applicant is a finalist or after making a conditional offer of employment to an applicant, the agency determines that the applicant has a criminal history, the agency shall comply with subsection (4) of this section and shall not use the determination of the following information as a basis for not making an offer of employment or for withdrawing the conditional offer of employment:
      1. The applicant has been arrested for or charged with but not convicted of a criminal offense and the criminal case is not actively pending;
      2. The applicant has been convicted of a criminal offense but pardoned;
      3. The applicant has been convicted of a criminal offense but records of the conviction have been sealed or expunged; or
      4. A court has issued an order of collateral relief specific to the employment sought by the applicant.
   5. Repealed.
4. Except as provided in subsection (6) of this section, when considering an applicant for a license, certification, permit, or registration pursuant to subsection (2) of this section or, if, after determining that an applicant is a finalist or making a conditional offer of employment to an applicant, the agency determines that the applicant has a conviction other than as described in subsection (2)(b) or (3)(c) of this section, the agency shall consider the following factors when determining whether the conviction disqualifies the applicant:
   1. The nature of the conviction;
   2. Whether there is a direct relationship between the conviction and the position's duties and responsibilities and the bearing, if any, the conviction may have on the applicant's fitness or ability to perform one or more such duties and responsibilities, including whether the conviction was for unlawful sexual behavior as listed in section 16-22-102 (9); whether the duties of employment would place a coworker or the public in a vulnerable position; and whether the applicant will be directly responsible for the care of individuals susceptible to abuse or mistreatment because of the individual's circumstances, including the individual's age, disability, frailty, mental health disorder, developmental disability, or ill health;
   3. Any information produced by the applicant or produced on his or her behalf regarding his or her rehabilitation and good conduct; and
   4. The time that has elapsed since the conviction.
5. Notwithstanding any other provision of law to the contrary, the provisions of this section apply to the office of the governor.
6. 1. If, at any stage in the hiring process, the department of corrections or the department of public safety determines that the applicant has been convicted of a crime, the department must consider the factors listed in subsections (4)(a) to (4)(d) of this section when determining whether the conviction disqualifies the applicant for the position.
   2. Notwithstanding subsection (6)(a) of this section, if, after determining that an applicant for a position within the wildland fire management section in the department of public safety is a finalist or when making a conditional offer of employment to the applicant, the department of public safety determines the applicant has been convicted of a crime, the department must consider the factors listed in subsections (4)(a) to (4)(d) of this section when determining whether the conviction disqualifies the applicant for the position.

Source: L. 73: p. 513, § 1. C.R.S. 1963: § 39-25-101. L. 90: Entire section amended, p. 1207, § 1, effective March 16. L. 92: Entire section amended, p. 1098, § 7, effective March 6. L. 95: Entire section amended, p. 1103, § 37, effective May 31. L. 99: Entire section amended, p. 923, § 2, effective July 1. L. 2003: Entire section amended, p. 2521, § 11, effective June 5. L. 2004: (1)(b)(III) and (1)(b)(IV) amended and (1)(b)(V) added, p. 232, § 5, effective April 1. L. 2006: (1)(b)(VI) added, p. 161, § 1, effective March 31. L. 2010: (1)(b)(III) amended, (SB 10-175), ch. 188, p. 795, § 52, effective April 29. L. 2011: (1)(b)(IV) amended, (HB 11-1121), ch. 242, p. 1061, § 9, effective August 10. L. 2012: (1)(b)(V) and (1)(b)(VI) amended and (1)(b)(VII), (3), (4), and (5) added, (HB 12-1263), ch. 233, p. 1021, § 1, effective August 8. L. 2014: (1)(b)(VII), (3)(b), and IP(4) amended and (6) added, (HB 14-1172), ch. 61, p. 279, § 1, effective August 6. L. 2018: (1)(b)(VII), (2), (3)(c), IP(4), and (4)(b) amended and (3)(d) and (3)(e) repealed, (HB 18-1418), ch. 352, p. 2086, § 1, effective May 30. L. 2021: (1)(a), IP(1)(b), (1)(b)(VII), (3)(b), and (6) amended, (SB 21-012), ch. 29, p. 121, § 1, effective April 15; IP(1)(b) and (1)(b)(V) amended, (SB 21-059), ch. 136, p. 744, § 112, effective October 1.

Cross references: In 2011, subsection (1)(b)(IV) was amended by the "Safer Schools Act of 2011". For the short title, see section 1 of chapter 242, Session Laws of Colorado 2011.

24-5-102. Employee information - student loan repayment and forgiveness programs - legislative declaration - definitions.

1. 1. The general assembly finds and declares that:
      1. Many Coloradans have federal student loans made through the United States department of education's direct loan program or the federal family education loan program;
      2. Large amounts of student loan debt and insecurity in the job market have resulted in high student loan default rates;
      3. However, many borrowers qualify for loan repayment programs that allow for lower monthly payments;
      4. In addition, there are federal programs that allow borrowers to have their loans forgiven after working for a certain period of time in the public sector, as a teacher, or for a nonprofit public service organization;
      5. The federal consumer financial protection bureau has a toolkit and resources to help employers assist their employees in accessing the federal programs;
      6. As a public sector employer, Colorado can help qualified employees access federal loan repayment and loan forgiveness programs for which they may qualify by providing information to its employees about these federal programs; and
      7. Further, school districts, the state charter school institute, local governmental entities, and nonprofit public service organizations can assist their employees by providing information about these federal programs.
   2. Therefore, the general assembly declares that employees will benefit from receiving information about federal student loan programs that provide assistance through loan repayment options or loan forgiveness.
2. As used in this section, unless the context otherwise requires:
   1. "Public service loan forgiveness program" means the loan forgiveness program set forth in 34 CFR 685.219.
   2. "Teacher loan forgiveness program" means the loan forgiveness program set forth in 34 CFR 685.217.
3. 1. On or before December 31, 2019, the department of personnel shall develop informational materials described in subsection (3)(e) of this section to increase awareness of the public service loan forgiveness program, the teacher loan forgiveness program, and federal student loan repayment options, including income-sensitive repayment programs. In lieu of developing the informational materials, the department of personnel may provide materials published by a federal agency that include the required information.
   2. On or before January 1, 2020, and on or before January 1 each year thereafter, the department of personnel shall facilitate the distribution of the informational materials to:
      1. All state employees;
      2. The department of education, for distribution to each school district and board of cooperative services and to the state charter school institute for the benefit of teachers employed by a school district, a district charter school, a board of cooperative services, or by an institute charter school;
      3. The department of higher education, for distribution to the governing board for each state institution of higher education for the benefit of employees of state institutions of higher education;
      4. The secretary of state, for posting the informational materials on the secretary of state's website for distribution to nonprofit public service organizations, as defined in 34 CFR 685.219, for the benefit of the employees of nonprofit public service organizations; and
      5. The division of local government in the department of local affairs, for distribution to local governmental entities, as defined in section 24-32-104 (1)(m)(II).
   3. In addition to annual distribution, the department of personnel shall facilitate the distribution of the informational materials to newly hired state employees as part of its employee orientation process.
   4. The department of personnel may distribute the informational materials to state employees or human resources directors through an e-mail or as part of a mailing or regular communication to state employees.
   5. The information provided pursuant to this section must include a summary of the public service loan forgiveness program, the teacher loan forgiveness program, and federal student loan repayment programs, including who may be eligible for the programs, steps that an eligible employee must take in order to participate in the programs, and a recommendation that employees contact their student loan servicer or private education lender or an ombudsman at the state, if one exists, for additional information.
   6. The department of personnel shall make the informational materials available on the department of personnel's website. The department of personnel shall verify the information's accuracy at least annually and update the informational materials as necessary. The department of personnel shall distribute updated informational materials to the entities included in subsection (3)(b) of this section.

Source: L. 2019: Entire section added, (SB 19-057), ch. 35, p. 111, § 1, effective August 2. L. 2021: (3)(e) amended, (SB 21-057), ch. 378, p. 2534, § 18, effective June 29.

Editor's note: Section 19 of chapter 378 (SB 21-057), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after June 29, 2021, including collection of debts arising out of loans issued before June 29, 2021.

24-6-101. Short title.

This article shall be known and may be cited as the "Colorado Sunshine Act of 1972".

Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-101.

24-6-102. Effective date.

This article became effective January 1, 1973.

Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-102.

24-6-201. Declaration of policy.

In order to continue the public confidence in the integrity of government officials and to promote trust of the people in the objectivity of their public servants, this open disclosure law is adopted.

Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-201.

24-6-202. Disclosure - contents - filing - false or incomplete filing - penalty.

1. Except as otherwise provided in subsection (1.7) of this section, not later than the January 10 following his or her election, reelection, appointment, or retention in office, written disclosure, in such form as the secretary of state shall prescribe, stating the interests named in subsection (2) of this section shall be made to and filed with the secretary of state of Colorado by:
   1. Each member of the general assembly;
   2. The governor, lieutenant governor, secretary of state, attorney general, and state treasurer;
   3. Each justice or judge of a court of record;
   4. Each district attorney;
   5. Each member of the state board of education;
   6. Each member of the board of regents of the university of Colorado;
   7. Each member of the public utilities commission.
   8. Repealed.

   (1.5) The provisions of subsection (1) of this section apply to any person who is serving in any position noted in said subsection (1) on July 1, 1979.

   (1.7) Notwithstanding any other provision of this section, any person who has timely filed an amended statement with the secretary of state pursuant to subsection (4) of this section is not required to additionally file a disclosure statement satisfying the requirements of subsection (1) of this section by the January 10 following his or her election, reelection, appointment, or retention in office.

2. Disclosure shall include:
   1. The names of any source or sources of any income, including capital gains, whether or not taxable, of the person making disclosure, his spouse, and minor children residing with him;
   2. The name of each business, insurance policy, or trust in which he, his spouse, or minor children residing with him has a financial interest in excess of five thousand dollars;
   3. The legal description of any interest in real property, including an option to buy, in the state in which the person making disclosure, his spouse, or minor children residing with him have any interest, direct or indirect, the market value of which is in excess of five thousand dollars;
   4. The identity, by name, of all offices, directorships, and fiduciary relationships held by the person making disclosure, his spouse, and minor children residing with him;
   5. The identity, by name, of any person, firm, or organization for whom compensated lobbying is done by any person associated with the person making disclosure if the benefits of such compensation are or may be shared by the person making disclosure, directly or indirectly;
   6. The name of each creditor to whom the person making disclosure, his spouse, or minor children owe money in excess of one thousand dollars and the interest rate;
   7. A list of businesses with which the person making disclosure or his spouse are associated that do business with or are regulated by the state and the nature of such business or regulation;
   8. Such additional information as the person making disclosure might desire.
3. Any disclosure statement shall be amended no more than thirty days after any termination or acquisition of interests as to which disclosure is required.
4. Any person required by this section to file a disclosure statement shall, on or before January 10 of each calendar year, file an amended statement with the secretary of state or notify the secretary of state in writing that he has had no change of condition since the previous filing of a disclosure statement.
5. Each disclosure statement, amended statement, or notification that no amendment is required shall be public information, available to any person upon request during normal working hours.
6. Any person subject to the provisions of this section may elect to file with the secretary of state annually a copy of his federal income tax return and any separate federal income tax return filed by his spouse or minor children residing with him together with a certified statement of any investments held by him, his spouse, or minor children residing with him which are not reflected by the income tax returns in lieu of complying with the provisions of subsections (1) to (4) of this section, which tax return and any statement filed under the provisions of this subsection (6) shall be public information.
7. Any person who willfully files a false or incomplete disclosure statement, amendment, or notice that no amendment is required, or who willfully files a false or incomplete copy of any federal income tax return or a false or incomplete certified statement of investments, or who willfully fails to make any filing required by this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one thousand dollars nor more than five thousand dollars.

Source: Initiated 72. L. 73: p. 1660, § 1. C.R.S. 1963: § 3-37-202. L. 79: IP(1), (4), and (6) amended and (1)(b), (1)(d), (1)(e), (1)(f), (1)(g), and (1)(h) added, pp. 851, 852, §§ 1, 2, effective July 1. L. 85: (1)(a) amended and (1)(h) repealed, pp. 382, 381, §§ 6, 1, effective April 17. L. 2010: IP(1) amended and (1.7) added, (SB 10-041), ch. 151, p. 524, § 5, effective July 1.

24-6-203. Reporting by incumbents and elected candidates - gifts, honoraria, and other benefits - prohibition on monetary gifts - penalty - definitions.

1. 1. As used in this section, the terms "appropriate officer" and "candidate" shall have the meanings ascribed to them in section 1-45-103, C.R.S., of the "Fair Campaign Practices Act".
   2. 1. As used in this section, the term "public office" means any office voted for in this state at any election. "Public office" includes, without limitation, the governor, lieutenant governor, secretary of state, attorney general, and state treasurer; a member of the general assembly or the state board of education; a regent of the university of Colorado; a judge on the Colorado court of appeals or the Colorado supreme court; a district attorney; or an officer of a county, municipality, city and county, school district, or any elective office within a special district for which the annual compensation exceeds two thousand four hundred dollars.
      2. "Public office" does not include:
         1. The office of president or vice president of the United States;
         2. The office of senator or representative in the congress of the United States;
         3. Any office in a political party chosen pursuant to sections 1-3-103, 1-4-403, and 1-4-701, C.R.S.; or
         4. Any political party office in an assembly or convention, including delegates thereto.
         5. Repealed.
      3. Repealed.
   3. As used in this section, "covered state office" means the governor, lieutenant governor, secretary of state, attorney general, state treasurer, a member of the state board of education, a regent of the university of Colorado, a member of the general assembly, or a district attorney.
2. Every incumbent in or candidate elected to public office who receives from any other person any item described in subsection (3) of this section in connection with the incumbent's or elected candidate's public service shall file with the appropriate officer, on or before January 15, April 15, July 15, and October 15 of each year, a report covering the period since the last report. The requirement of this subsection (2) pertaining to the report due January 15 shall extend to an incumbent leaving public office between October 15 and January 15, who shall file with the appropriate officer by January 15 a report that covers any items received during the period since the last report. Such report shall be on forms prescribed by the secretary of state and shall contain, at a minimum, the name of the person from whom the item was received and the amount or value and the date of receipt. The secretary of state shall furnish such forms to municipal clerks, to county clerk and recorders, and to incumbents and elected candidates for state offices and district offices of districts greater than a county free of charge for use by incumbents and elected candidates required to file such forms. If any incumbent in or candidate elected to public office does not receive any such item, he or she shall not be required to file such report.
3. The reports required by subsection (2) of this section shall include the following:
   1. In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office and subject to the requirements of subsection (3.5) of this section, any money, including but not limited to a loan, pledge, or advance of money or a guarantee of a loan of money, or any forbearance or forgiveness of indebtedness from any person, with a value greater than fifty-three dollars;
   2. In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office and subject to the requirements of subsection (3.5) of this section, any gift of any item of real or personal property, other than money, with a value greater than fifty-three dollars;
   3. In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office, any loan of any item of real or personal property, other than money, if the value of the loan is greater than fifty-three dollars. For such purpose, the "value of the loan" means the cost saved or avoided by the elected candidate by not borrowing, leasing, or purchasing comparable property from a source available to the general public.
   4. Any payment for a speech, appearance, or publication;
   5. In the case of a candidate elected to public office who is not an incumbent and has not yet been sworn into such office, tickets to sporting, recreational, educational, or cultural events with a value greater than fifty-three dollars for any single event;
   6. Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that the incumbent or elected candidate who has been sworn into public office is permitted to accept or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, unless the payment of or reimbursement for such expenditures is made from public funds of a state or local government in the case of an incumbent or elected candidate subject to the provisions of said article or from the funds of any association of public officials or public entities whose membership includes the incumbent's or elected candidate's office or the governmental entity in which such office is held;
   7. Subject to the provisions of section 3 of article XXIX of the state constitution, any gift of a meal to a fund-raising event of a political party;
   8. Payment of or reimbursement for actual and necessary expenses for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that is from an organization declared to be a joint governmental agency by section 2-3-311, C.R.S.
   1. (3.5) (a) Each incumbent in or candidate elected to covered state office is prohibited from knowingly receiving or accepting from any other person, in connection with the public service of the incumbent or elected candidate:
      1. A gift of any money, including but not limited to a loan, pledge, or advance of money, a guarantee of a loan of money, or any monetary payment given, directly or indirectly, for the purpose of defraying any expenses related to the official duties undertaken by the incumbent or elected candidate; or
      2. An in-kind gift.
   2. Nothing in paragraph (a) of this subsection (3.5) shall be construed to prohibit an incumbent or elected candidate from receiving a salary or other compensation paid to the incumbent or elected candidate in connection with the performance of his or her official duties, including, without limitation, payment for a speech, appearance, or publication or payment of or reimbursement for actual and necessary expenditures for travel and lodging to the extent the incumbent or elected candidate who has been sworn into covered state office is permitted to accept or receive such items in accordance with the provisions of section 3 of article XXIX of the state constitution.
   3. For purposes of this subsection (3.5), an "in-kind gift" means any gift of equipment, goods, supplies, property, services, or anything else, the value of which exceeds fifty dollars in the aggregate in any one calendar year, given, directly or indirectly, to an incumbent in or candidate elected to covered state office for the purpose of defraying any expenses related to the official duties undertaken by the incumbent or elected candidate.

   (3.7) Notwithstanding any other provision of this section, no incumbent in or candidate elected to covered state office shall accept a gift of any money from any person who is a professional or volunteer lobbyist or from a corporation or labor organization.

4. The reports required by subsection (2) of this section need not include the following:
   1. A contribution or contribution in kind that has already been reported pursuant to section 1-45-108, C.R.S.;
   2. Any unsolicited item of trivial value as described in section 3 (3)(b) of article XXIX of the state constitution;
   3. An unsolicited token or award of appreciation as described in section 3 (3)(c) of article XXIX of the state constitution;
   4. Payment of or reimbursement for actual and necessary expenditures for travel and lodging for attendance at a convention, fact-finding mission or trip, or other meeting that the incumbent or elected candidate is permitted to accept or receive in accordance with the provisions of section 3 of article XXIX of the state constitution, if the payment of or reimbursement for such expenditures is made from public funds of a state or local government in the case of an incumbent or elected candidate subject to the provisions of said article or from the funds of any association of public officials or public entities whose membership includes the incumbent's or elected candidate's office or the governmental entity in which such office is held;
   5. Payment of salary from employment, including other government employment, in addition to that earned from being a member of the general assembly or by reason of service in other public office;
   6. Except as otherwise described in this subsection (4), any other gift or thing of value an incumbent or elected candidate who has been sworn into public office is permitted to solicit, accept, or receive in accordance with the provisions of section 3 of article XXIX of the state constitution.
5. Any person who provides an incumbent or elected candidate with any item required to be reported by the incumbent or elected candidate pursuant to this section shall, at the time the item is provided, furnish the recipient with a written statement of the dollar value of the item.
6. Nothing contained in this section shall relieve any person from the disclosure requirements of part 3 of article 6 of this title, relating to the regulation of lobbyists.
7. Any person who willfully files a false or incomplete report pursuant to this section, who willfully fails to file a report required by this section, who willfully fails to provide the statement of value required by subsection (5) of this section, or who violates any provision of subsection (3.5) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars.
8. The amount of the gift limit specified in subsection (3) of this section, set at fifty-three dollars as of August 8, 2012, shall be identical to the amount of the gift limit under section 3 of article XXIX of the state constitution, and shall be adjusted for inflation contemporaneously with any adjustment of the constitutional gift limit pursuant to section 3 (6) of article XXIX.

Source: L. 94: Entire section added, p. 1824, § 3, effective January 1, 1995. L. 98: (3)(g) added and (4)(b) amended, p. 952, §§ 5, 6, effective April 27; (1) amended, p. 823, § 34, effective August 5. L. 2006: (1)(c), (3.5), and (3.7) added and (2), IP(3), (3)(a), (3)(b), IP(4), and (7) amended, p. 2063, §§ 1, 2, effective July 1. L. 2010: (3)(f) and (4)(d) amended and (3)(h) added, (SB 10-099), ch. 184, p. 661, § 3, effective August 11. L. 2012: (1)(b)(I), (1)(c), (2), (3), IP(3.5)(a), (3.5)(b), (3.5)(c), (3.7), and (4) amended, (1)(b)(II)(E) and (1)(b)(III) repealed, and (8) added, (HB 12-1070), ch. 167, p. 580, § 1, effective August 8. L. 2017: (1)(b)(I) amended, (HB 17-1297), ch. 364, p. 1906, § 3, effective August 9.

Cross references: For the legislative declaration in the 2010 act amending subsections (3)(f) and (4)(d) and adding subsection (3)(h), see section 1 of chapter 184, Session Laws of Colorado 2010.

24-6-301. Definitions - legislative declaration.

As used in this part 3, unless the context otherwise requires:

1. "Client" means the person who employs or retains the professional services of one or more lobbyists to undertake lobbying on behalf of that person. For the purposes of this part 3, a professional lobbyist is not a client of another lobbyist for whom he or she undertakes lobbying on a subcontract basis nor is the professional lobbyist a client of either a lobbying firm or any other person that employs or retains one or more professional lobbyists to undertake lobbying on behalf of one or more clients. Where the client is an organization or entity, nothing in this subsection (1) requires the organization or entity to provide the names of any of its shareholders, investors, business partners, coalition partners, members, donors, or supporters, as applicable. (1.3) "Communication" includes but is not limited to a transmittal of information, data, ideas, opinions, or anything of a similar nature, either oral, written, or by any other means, to a covered official.

   (1.5) "Contribution" means a gift, subscription, loan, advance, or deposit of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution. "Contribution" also includes the compensation and reimbursement for expenses of a person required to file a disclosure statement under section 24-6-302 .

   (1.7) "Covered official" means:

   1. For the type of lobbying defined in subparagraphs (I), (II.5), and (III) of paragraph (a) of subsection (3.5) of this section, the governor, the lieutenant governor, a member of the general assembly, or the director of research of the legislative council of the general assembly or any member of legislative council staff;
   2. For the type of lobbying defined in subparagraph (IV) of paragraph (a) of subsection (3.5) of this section, a member of a rule-making board or commission or a rule-making official of a state agency which has jurisdiction over the subject matter of a rule, standard, or rate.
   1. (1.9) (a) "Disclosure statement" means a written statement that contains:
      1. The name and address of each client or other professional lobbyist who has made a contribution totaling one hundred dollars or more for lobbying and the amount paid since the previous disclosure report;
      2. The total sum of the contributions made to or for the disclosing person for lobbying since the last disclosure statement which are not stated under subparagraph (I) of this paragraph (a);
      3. The total sum of all contributions made to or for the disclosing person for lobbying since the last disclosure statement and during the fiscal year;
      4. The name of the covered official to or for whom such expenditures of more than fifty-three dollars have been made by or on behalf of the disclosing person for gift or entertainment purposes in connection with lobbying or for whom an expenditure was made by or on behalf of the disclosing person for a gift of a meal at a fund-raising event of a political party described in section 1-45-105.5 (1)(c) (IV), C.R.S., during either the first six months or the second six months of a state fiscal year and the amount, date, and principal purpose of the gift or entertainment, if the covered official or a member of his or her family actually received such gift or entertainment, but expenditures of one dollar or less shall be reported under subparagraph (V) of this paragraph (a). All amounts that a professional lobbyist spends on a covered official for which the lobbyist is reimbursed, or the source of which is a contribution, shall be deemed to be for gift or entertainment purposes.
      5. The total sum of all such expenditures made by or on behalf of the disclosing person to covered officials for gift or entertainment purposes in connection with lobbying since the last disclosure statement that are not stated under subparagraph (IV) of this paragraph (a);
      6. (Deleted by amendment, L . 96, p. 1081, § 1, effective August 7, 1996.)
      7. The total sum of all expenditures made by or on behalf of the disclosing person in connection with lobbying, other than gift and entertainment expenditures, since the last disclosure statement which are not stated under subparagraph (VI) of this paragraph (a);
      8. The total sum of all expenditures made by or on behalf of the disclosing person in connection with lobbying since the last disclosure statement and during the fiscal year;
      9. A statement, which shall only be given by a professional lobbyist, which contains the names of, and the amounts of any expenditures or contributions made to, any papers, periodicals, magazines, radio or television stations, or other media of mass communication to whom expenditures or contributions were made in which the professional lobbyist or his employer or agent has caused to be published any advertisements, articles, or editorials relating to lobbying; except that this information is not required for regular or routine publications sent primarily to the members of the professional lobbyist's organization, which publications contain information relating to his lobbying;
      10. The nature of the legislation, standards, rules, or rates for which the disclosing person is lobbying and, where known, the specific legislation, standards, rules, or rates. In the case of specific legislation, the professional lobbyist shall include the bill number of the legislation, and whether such lobbyist's client is supporting, opposing, amending, or monitoring the legislation at the time of the disclosure statement. The professional lobbyist shall specify that his or her representation is accurate as of the date of disclosure only and that the representation is not binding and is subject to change after the date and before the time the next disclosure statement is due. If a professional lobbyist fails to show any bill numbers or nature of the legislation, as applicable, such lobbyist shall affirm that he or she was not retained in connection with any legislation. Nothing in this subparagraph (X) requires any additional disclosure on the part of a lobbyist before the next applicable reporting deadline pursuant to section 24-6-302 (3) . For purposes of this subparagraph (X), "legislation" means the process of making or enacting law in written form in the form of codes, statutes, or rules. Nothing in this subparagraph (X) requires a lobbyist to amend a previously filed disclosure statement upon learning the bill number of a previously disclosed piece of legislation.
      11. If the client or professional lobbyist is an individual, the name and address of the individual and a description of the business activity in which the individual is engaged. If the client or professional lobbyist is a business entity, a description of the business entity in which the client or lobbyist is engaged and the name or names of the entity's chief executive officer, partners, or other designated contact person, as applicable. If the client or lobbyist is an industry, trade, organization or group of persons, or professional association, a description of the industry, trade, organization or group of persons, or profession that the lobbyist represents.
      12. A statement detailing any direct business association of the disclosing person in any pending legislation, measure, or question. For purposes of this subparagraph (XII), a "direct business association" means that, in connection with a pending bill, measure, or question, the passage or failure of the bill, measure, or question will result in the disclosing person deriving a direct financial or pecuniary benefit that is greater than any such benefit derived by or shared by other persons in the disclosing person's profession, occupation, or industry. A disclosing person shall not be deemed to have a direct personal relationship in a pending bill, measure, or question where such interest arises from a bill, measure, or question that affects the entire membership of a class to which the disclosing person belongs.
   2. The secretary of state shall prescribe a form for disclosure statements, which shall contain:
      1. A statement, which the disclosing person may adopt, if true, that no change has occurred since the prior month's disclosure statement, in which case the information required by paragraph (a) of this subsection (1.9) may be omitted;
      2. A statement, which the disclosing person may adopt, if true, that no unreported contributions for lobbying are receivable and that no unreported expenditures for lobbying will be made during the remainder of the fiscal year;
      3. A statement which the disclosing person shall sign indicating that the information provided is correct and complete; but notarization of such statement shall not be required. The disclosing person, in signing such statement, shall be subject to section 18-8-503 , C.R.S., concerning false statements made to a public servant.
   3. Whenever a person required to file a disclosure statement under this part 3 solicits, collects, or receives contributions which are used for lobbying as well as for other purposes, or makes an expenditure which is attributable to lobbying as well as to other purposes, such contributions and expenditures shall be allocated between lobbying and other purposes, and the disclosure statement shall contain that portion allocated to lobbying.
2. "Expenditure" means a payment, distribution, loan, advance, deposit, or gift of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure.

   (2.3) "Fiscal year" means the period commencing July 1 of a calendar year and concluding June 30 of the following calendar year.

   (2.5) "Gross income for lobbying" means the total amount received from a client, including compensation for services, fees, and similar payments, before any deductions are made, by a professional lobbyist for lobbying or by a lobbying firm.

3. Repealed.
   1. (3.5) (a) " L obbying" means communicating directly, or soliciting others to communicate, with a covered official for the purpose of aiding in or influencing:
      1. The drafting, introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, or veto by any covered official on:
         1. Any bill, resolution, amendment, nomination, appointment, or report, whether or not in writing, pending or proposed for consideration by either house of the general assembly or committee thereof, whether or not the general assembly is in session;
         2. Any other matter pending or proposed in writing by any covered official for consideration by either house of the general assembly or a committee thereof, whether or not the general assembly is in session;
      2. Repealed. (II.5) The preparation of a fiscal summary or an initial fiscal impact statement required by section 1-40-105.5 ;
      3. The convening of a special session of the general assembly or the specification of business to be transacted at such special session;
      4. The drafting, consideration, amendment, adoption, or defeat of any rule, standard, or rate of any state agency having rule-making authority.
   2. Subject to the exclusions and provisions of this paragraph (b), for the purpose of determining when contributions and expenditures become reportable in disclosure statements, "lobbying" includes activities undertaken by the person engaging in lobbying and persons acting at his request to prepare for lobbying which in fact ultimately occurs, provided:
      1. No such reports shall be required for activities occurring prior to the preceding fiscal year;
      2. Expenditures shall not be reported when such expenditures are incurred by a person in the ordinary course of the business or affairs of such person and are not made for lobbying. Such nonreportable expenditures will include, but not be limited to, the keeping of books of account and the routine collection of statistics and other data.
   3. " L obbying" does not include communications made by a person in response to a statute, rule, regulation, or order requiring such a communication.
   4. 1. "Lobbying" does not include communications by a person who appears before a committee of the general assembly or a rule-making board or commission solely as a result of an affirmative vote by the committee, board, or commission issuing a mandatory order or subpoena commanding that the person appear and testify, or making such a person a respondent in such a proceeding whether or not the person is reimbursed by the committee, board, or commission for expenses incurred in making such appearance.
      2. (Deleted by amendment, L. 2004, p. 431, § 1, effective August 4, 2004.)
      3. 1. Legislative declaration. The general assembly hereby declares its support of the "Colorado Sunshine Act of 1972" and the open process that it has brought to the legislative process in Colorado. The general assembly's intent in enacting this subparagraph (III) is to achieve a more uniform application of the lobbying laws to witness testimony and to clarify the ability of the public to provide testimony to the general assembly and to state agencies.
         2. "Lobbying" excludes persons who are not otherwise registered as lobbyists and who limit their activities to appearances to give testimony or provide information to committees of the general assembly or at public hearings of state agencies or who give testimony or provide information at the request of public officials or employees and who clearly identify themselves and the interest for whom they are testifying or providing information.
   5. "Lobbying" does not include communications made by an attorney-at-law when such communications are made on behalf of a client whose name has been identified and when such communications constitute the practice of law subject to control by the judicial branch of the state of Colorado.
   6. "Lobbying" does not include duties performed by employees of the legislative department.

   (3.6) "Lobbying firm" means a person or entity employing one or more professional lobbyists to lobby on behalf of a client that is not the person or entity. "Lobbying firm" includes a self-employed professional lobbyist.

   (3.7) "Lobbyist" means either a professional or a volunteer lobbyist.

4. "Person" means an individual, limited liability company, partnership, committee, association, corporation, or any other organization or group of persons.
5. "Political committee" means any committee, association, or organization which accepts contributions or makes expenditures for the purpose of influencing or attempting to influence the election of candidates or presidential and vice-presidential electors or any duly authorized committee or subcommittee of a national, state, or local political party.

   (5.5) Repealed.

6. "Professional lobbyist" means a person, business entity, including a sole proprietorship, or an employee of a client, who is compensated by a client or another professional lobbyist for lobbying. "Professional lobbyist" does not include any volunteer lobbyist, any state official or employee acting in his official capacity, except as provided in section 24-6-303.5, any elected public official acting in his official capacity, or any individual who appears as counsel or advisor in an adjudicatory proceeding.
7. "Volunteer lobbyist" means any individual who engages in lobbying and whose only receipt of money or other thing of value consists of nothing more than reimbursement for actual and reasonable expenses incurred for personal needs, such as meals, travel, lodging, and parking, while engaged in lobbying or for actual expenses incurred in informing the organization making the reimbursement or the members thereof of his lobbying.

Source: Initiated 72. L. 73: p. 1662, § 1. C.R.S. 1963: § 3-37-301. L. 77: (1) amended, (1.5), (1.7), (1.9), (3.5), (6), and (7) added, and (3) repealed, pp. 1147, 1154, §§ 1, 12, effective July 1. L. 79: (6) amended, p. 1638, § 37, effective December 29. L. 84: (3.5)(a)(II) repealed, p. 1121, § 22, June 7. L. 87: (6) amended, p. 923, § 1, effective July 3. L. 89: IP(1.9)(a) amended and (1.9)(b)(III) added, p. 1018, §§ 1, 2, effective March 15. L. 90: (4) amended, p. 447, § 9, effective April 18. L. 96: (1.9)(a)(VI) amended and (2.5) added, p. 1081, § 1, effective August 7. L. 98: (1.9)(a)(IV) amended, p. 952, § 7, effective April 27. L. 2000: IP(1.9)(a) and (1.9)(a)(IV) amended, p. 128, § 11, effective March 15. L. 2004: (3.5)(d) amended, p. 431, § 1, effective August 4. L. 2006: (1.9)(a)(X) amended and (1.9)(a)(XI), (1.9)(a)(XII), and (5.5) added, p. 2051, §§ 2, 1, effective July 1. L. 2010: (1.9)(a)(I), (1.9)(a)(III), (1.9)(a)(IV), (1.9)(a)(VIII), (1.9)(b)(II), and (3.5)(b)(I) amended and (2.3) and (3.7) added, (SB 10-087), ch. 407, p. 2010, § 1, effective June 10. L. 2012: (1.9)(a)(IV) and (1.9)(a)(V) amended, (HB 12-1070), ch. 167, p. 584, § 2, effective August 8. L. 2013: (1.7)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 50, effective August 7. L. 2014: (1), (1.9)(a)(I), (1.9)(a)(X), (1.9)(a)(XI), (2.5), and (6) amended and (1.3) and (3.6) added, (SB 14-217), ch. 398, p. 2001, § 1, effective July 1, 2015; (5.5)(b) added by revision, pp. 2001, 2006, §§ 1, 7. L. 2015: (1.7)(a) amended and (3.5)(a)(II.5) added, (HB 15-1057), ch. 198, p. 679, § 7, effective March 26, 2016. L. 2019: (1) amended, (HB 19-1248), ch. 232, p. 2320, § 2, effective May 20. L. 2020: (3.5)(a)(II.5) amended, (HB 20-1416), ch. 232, p. 1126, § 6, effective November 1.

Editor's note: Subsection (5.5)(b) provided for the repeal of subsection (5.5), effective July 1, 2015. (See L. 2014, pp. 2001, 2006.)

Cross references: For the short title ("Lobbyist Transparency Act") in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019.

24-6-302. Disclosure statements - required - definition.

1. (Deleted by amendment, L . 96, p. 1081,  2, effective August 7, 1996.)
2. Any person who makes expenditures for gifts or entertainment purposes for the benefit of covered officials in the aggregate amount of two hundred dollars in a state fiscal year shall file disclosure statements with the secretary of state in accordance with this section. Such disclosure statements shall not include actual and reasonable expenses incurred for personal needs, such as meals, travel, lodging, and parking.
   1. (2.5) (a) A professional lobbyist and any lobbying firm shall file a monthly disclosure statement with the secretary of state no later than the fifteenth day after the end of the first calendar month, and each subsequent month, in which the lobbyist received any income or made any expenditures for lobbying. In the case of a single-member lobbying firm, if a disclosure statement includes the name of the professional lobbyist and the name of a lobbying firm that solely employs the lobbyist, a single disclosure statement may be filed with the secretary of state on behalf of both the professional lobbyist and the lobbying firm.
   2. No disclosure statement shall be required of a person who is described in a disclosure statement of a professional lobbyist pursuant to paragraph (a) of this subsection (2.5).
   3. Nothing in this subsection (2.5) shall be construed to require a professional lobbyist or a firm organized for professional lobbying purposes that is engaged in lobbying for a trade association, public interest group, or governmental organization to include in the disclosure statement of such lobbyist or firm any dues, assessments, or fees collected by such association, group, or organization for lobbying purposes.
3. 1. (Deleted by amendment, L. 2014.)
   2. In addition to the monthly disclosure statement, a professional lobbyist shall file with the secretary of state an annual disclosure statement for the entire fiscal year no later than July 15 that covers the immediately preceding fiscal year. The annual disclosure statement must contain the name of and total gross income for lobbying received from each client or other professional lobbyist for whom the lobbyist lobbied during the previous fiscal year. If a professional lobbyist receives business from another professional lobbyist on a subcontract basis, the lobbyist receiving such business shall describe in an annual disclosure statement the total gross income received from the professional lobbyist under the subcontract who is contemporaneously reporting the subcontracting business on his or her annual disclosure statement.
4. If a professional lobbyist determines at any time during a fiscal year that he or she will not lobby or receive lobbying income for the remainder of the fiscal year, the lobbyist may file an annual disclosure statement at such time, and thereafter need not file subsequent monthly disclosure statements until he or she resumes lobbying.
5. This section shall not apply to any political committee, volunteer lobbyist, citizen who lobbies on his or her own behalf, state official or employee acting in his or her official capacity, except as provided in section 24-6-303.5, or elected public official acting in his or her official capacity.
6. 1. During the period that the general assembly is not in regular or special session, a professional lobbyist shall notify the secretary of state in writing within five business days after an oral or written agreement to engage in lobbying for any person or client not disclosed in the registration statement filed pursuant to section 24-6-303 (1). During the period that the general assembly is in regular or special session, a professional lobbyist shall notify the secretary of state after an agreement to engage in lobbying for any person or client not disclosed in the registration statement filed pursuant to section 24-6-303 (1), either by means of the electronic filing system created in section 24-6-303 (6.3) or by facsimile transmission in accordance with the following:
      1. In the case of a written agreement to engage the lobbyist, disclosure shall be made within twenty-four hours after the date of the agreement; and
      2. In the case of an oral agreement to engage the lobbyist, the disclosure shall be made within twenty-four hours after the date of a subsequent written agreement between the parties, the commencing of lobbying activities, or the date the lobbyist receives any payment on the agreement, whichever occurs first.
   2. A professional lobbyist who provides the notification under paragraph (a) of this subsection (6) shall file, concurrently with the next disclosure statement due after such notification, a signed written statement that contains:
      1. The name and address of the person described in such notification; and
      2. A summary of the terms related to lobbying under the agreement between such person and the professional lobbyist. A professional lobbyist shall also update his or her registration within twenty-four hours if he or she agrees to lobby for a client or other lobbyist on a subcontract basis who is not disclosed in the lobbyist's original registration statement.
   1. (6.5) (a) In addition to any other disclosure required by this part 3, during the period that the general assembly is in regular or special session, a professional lobbyist shall notify the secretary of state by means of the electronic filing system created in section 24-6-303 (6.3) within seventy-two hours after:
      1. The lobbyist agrees to undertake lobbying in connection with new legislation, standards, rules, or rates for either a new or existing client of the lobbyist; or
      2. The lobbyist takes a new position on a new or existing bill for a new or existing client of the lobbyist.
   2. During the period that the general assembly is in regular or special session, where the lobbyist agrees to undertake lobbying in connection with new or existing legislation for either a new or existing client, the disclosure required by subsection (6.5)(a) of this section includes the bill number of the legislation at issue and whether the lobbyist's client is supporting, opposing, amending, or monitoring the legislation at the time the lobbyist agrees to undertake lobbying in connection with the legislation or takes a new position.
7. In addition to the criminal penalty provided for in section 24-6-309 (1), the secretary of state, after proper notification by certified mail, shall impose an additional penalty of twenty dollars per day for each business day that a disclosure statement required to be filed by this section is not filed by the close of the business day on the day due up to and including the first ten business days on which the disclosure statement has not been filed after the day due. For failure to file a disclosure statement required to be filed by this section by the close of the eleventh business day on which the disclosure statement has not been filed after the day due, in addition to the criminal penalty provided for in section 24-6-309 (1), the secretary of state shall impose an additional penalty of fifty dollars for each day thereafter that a disclosure statement required to be filed by this section is not filed by the close of the business day. The secretary of state may excuse the payment of any penalty imposed by this subsection (7), or reduce the amount of any penalty imposed, for bona fide personal emergencies. Revenues collected from penalties assessed by the secretary of state shall be deposited in the department of state cash fund created in section 24-21-104 (3).
8. Notwithstanding any other provision of this part 3, an attorney who is registered as a professional lobbyist is required to disclose information about the clients for whom he or she lobbies in accordance with this part 3 to the same extent as a professional lobbyist who is not an attorney. An attorney who is registered as a professional lobbyist may not decline to disclose his or her lobbying as such lobbying is required to be disclosed in accordance with this part 3 on the grounds that the lobbying is protected against disclosure as confidential matters between an attorney and a client.
9. Notwithstanding any other provision of this part 3, in connection with any requirement to disclose the identity of a client in this section or section 24-6-303, "client" means, in accordance with section 24-6-301 (1), the name of the person who employs or retains the professional services of a lobbyist, a lobbying firm, or any other person or entity to undertake lobbying on its behalf. In connection with any requirement in this section or section 24-6-303 to disclose the identity of a client, a professional lobbyist who is a natural person and who is employed or retained by a lobbying firm or any other firm or entity may disclose the name of the lobbying firm or other person or entity by means of which, or under the name of which, a professional lobbyist does business, but to satisfy such disclosure requirement the lobbyist shall also disclose the name of the client who employs or retains the professional services of the lobbyist, or a lobbying firm or any other person or entity that employs or retains the lobbyist, to undertake lobbying on its behalf.

Source: Initiated 72. L. 73: p. 1662, § 1. C.R.S. 1963: § 3-37-302. L. 77: Entire section R&RE, p. 1150, § 2, effective June 19. L. 87: (5) amended, p. 923, § 2, effective July 3. L. 96: (1) and (3) amended and (2.5), (6), and (7) added, p. 1081, § 2, effective August 7. L. 2001: (2) amended, p. 1273, § 30, effective June 5; (3)(b), (6)(a), and (6)(b)(III) amended, p. 147, § 1, effective July 1. L. 2010: (2), (2.5), (3), (4), (5), IP(6)(a), IP(6)(b), (6)(b)(II), and (7) amended, (SB 10-087), ch. 407, p. 2011, § 2, effective June 10. L. 2012: (2) amended, (HB 12-1070), ch. 167, p. 584, § 3, effective August 8. L. 2014: (2.5)(a), (3), (4), and (6)(b) amended and (8) added, (SB 14-217), ch. 398, p. 2003, § 2, effective July 1, 2015. L. 2019: (6)(a) and (8) amended and (9) added, (HB 19-1248), ch. 232, p. 2320, § 3, effective May 20; (6.5) added, (HB 19-1248), ch. 232, p. 2320, § 3, effective January 1, 2020.

Cross references: For the short title ("Lobbyist Transparency Act") in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019.

24-6-303. Registration as professional lobbyist - filing of disclosure statements - certificate of registration - legislative declaration.

1. Before lobbying, a professional lobbyist shall file an electronic registration statement with the secretary of state that contains:
   1. His or her full legal name, business address, and business telephone number;
   2. The name, address, and telephone number of his or her employer, if applicable;
   3. The name, address, and telephone number of the client for whom he or she will be lobbying; and
   4. The name, address, and telephone number of any other professional lobbyist for whom he or she is lobbying on a subcontract basis.
   1. (1.3) (a) At the time a professional lobbyist files a registration statement in accordance with subsection (1) of this section prior to engaging in lobbying, and each time such lobbyist files an updated registration statement in accordance with subsection (1.5) of this section, such individual shall pay a registration fee in an amount that shall be set by the secretary of state by rule promulgated in accordance with article 4 of this title and shall be set at a level that offsets the costs to the secretary of state of providing electronic access to information pursuant to section 24-6-304 (2), and in processing and maintaining the disclosure information required by this part 3. The secretary of state shall charge a reduced fee to a professional lobbyist that files his or her registration statement pursuant to paragraph (b) of subsection (6.3) of this section. The secretary of state may waive the fee of a professional lobbyist for a not-for-profit organization who derives his or her compensation solely from the organization. A volunteer lobbyist shall be exempt from the requirement to pay the registration fee mandated by this paragraph (a).
   2. All fees collected pursuant to the provisions of this subsection (1.3) shall be credited to the department of state cash fund created in section 24-21-104 (3)(b).

   (1.5) A professional lobbyist shall file an updated registration statement on or before July 15 of each year unless at that time he or she is no longer a professional lobbyist. Registration under this subsection (1.5) shall be effective until July 1 of the next year.

2. A professional lobbyist shall file disclosure statements as required by section 24-6-302.
3. Consistent with the requirements of subsection (6.3) of this section, a hard copy of all registration statements and disclosure statements of professional lobbyists and lobbying firms must be compiled by the secretary of state within thirty days after the end of the calendar month for which such information is filed and shall be organized alphabetically according to the names of the lobbyists and firms.
4. No individual shall act as a professional lobbyist unless he has received a certificate of registration as provided in section 24-6-305 (1).
5. An individual shall not be considered a lobbyist solely because of his or her appearance as a witness in rule, standard, or rate-making proceedings.
6. This section shall not apply to any political committee, volunteer lobbyist, citizen who lobbies on his or her own behalf, state official or employee acting in his or her official capacity, except as provided in section 24-6-303.5, or elected public official acting in his or her official capacity.
   1. (6.3) (a) No later than January 1, 2002, the secretary of state shall establish, operate, and maintain a system that enables electronic filing of the reports required by this part 3 by utilizing the internet. Rules concerning the manner in which reports required by this part 3 may be filed electronically, including but not limited to the information to be contained in such reports, the procedure for amending such reports, and public access to the electronic filing system, shall be promulgated by the secretary of state in accordance with article 4 of this title.
   2. In addition to any other method of filing, any person subject to the filing requirements of this part 3 or his or her duly authorized agent may use the electronic filing system described in paragraph (a) of this subsection (6.3) in order to meet such filing requirements.
7. Repealed.

Source: Initiated 72. L. 73: p. 1663, § 1. C.R.S. 1963: § 3-37-303. L. 77: Entire section R&RE p. 1151, § 3, effective June 19. L. 79: (1)(a) amended, pp. 853, 1638, §§ 1, 2, 38, effective December 29. L. 87: Entire section R&RE, p. 923, § 3, effective July 3. L. 96: (1)(d) amended, p. 1083, § 3, effective August 7. L. 2001: IP(1), (1)(d), (1.5), and (3) amended and (1.3) added, p. 148, § 2, effective July 1 and (6.3) added, p. 148, § 2, effective January 1, 2002. L. 2010: (1), (1.3)(a), (2), (3), (5), and (6) amended, (SB 10-087), ch. 407, p. 2013, § 3, effective June 10. L. 2014: (1) and (3) amended, (SB 14-217), ch. 398, p. 2004, § 3, effective July 1, 2015. L. 2019: (7) added, (HB 19-1248), ch. 232, p. 2322, § 4, effective May 20.

Editor's note: Subsection (7)(c) provided for the repeal of subsection (7), effective March 1, 2020. (See L . 2019, p. 2322.)

Cross references: For the short title ("Lobbyist Transparency Act") in HB 19-1248, see section 1 of chapter 232, Session Laws of Colorado 2019.

24-6-303.5. Lobbying by state officials and employees.

1. 1. Each principal department of state government, as defined in section 24-1-110, shall designate one person who shall be responsible for any lobbying of the type defined in section 24-6-301 (3.5)(a)(I) or (3.5)(a)(III) by a state official or employee on behalf of said principal department. All designated persons from the principal departments, as well as any person lobbying, as defined in section 24-6-301 (3.5)(a)(I) or (3.5)(a)(III), on behalf of an institution or governing board of higher education, shall register with the secretary of state by filing a written statement on or before January 15 of each year. Such registration statement shall be on a form prescribed by the secretary of state and shall include the following:
      1. The designated person's full legal name, principal department address, and business telephone number;
      2. The name of any state official or employee who is lobbying on behalf of the principal department, the name of such person's division or unit within the principal department, his classification or job title, and the address and telephone number of his division or unit.
   2. Copies of the original documents filed with the secretary of state shall be filed with the governor's office, the secretary of the senate, and the chief clerk of the house of representatives.
   3. Any amendments to the original registration statement shall be filed with the secretary of state within seven days of the pertinent change.
2. 1. In addition to the registration statement filed pursuant to subsection (1) of this section, the designated person, and any person lobbying on behalf of an institution or governing board of higher education, shall file, monthly, a disclosure statement with the secretary of state in accordance with this subsection (2). The secretary of state shall prescribe the form for such disclosure statement, which shall include:
      1. The legislation on which lobbying is being performed;
      2. Any expenditure of public funds used for lobbying and the amount thereof;
      3. An estimate of the time spent on lobbying or preparation thereof by any state official or employee named in the registration statement or any other employee of the principal department.
   2. Disclosure statements shall be filed within fifteen days after the end of the first calendar month and shall be filed within fifteen days after the end of each subsequent month during the fiscal year.
3. For purposes of this section, "state official or employee" means an individual who is compensated by a state of Colorado warrant and receives state of Colorado employee benefits except a lobbyist hired on a contract basis if he is currently registered under sections 24-6-302 and 24-6-303 or a lobbyist who registers as a professional lobbyist pursuant to sections 24-6-302 and 24-6-303.
4. This section shall not apply to the following persons:
   1. Members of the public utilities commission, the industrial claim appeals office, the state board of land commissioners, the office of the property tax administrator, the state parole board, and the state personnel board;
   2. Members of any board or commission serving without compensation except for per diem allowances provided by law and reimbursement of expenses;
   3. Members of the governor's cabinet and personal staff employees in the offices of the governor and the lieutenant governor whose functions are confined to such offices and who report directly to the governor or lieutenant governor;
   4. Appointees to fill vacancies in elective offices;
   5. One deputy of each elective officer other than the governor and lieutenant governor specified in section 1 of article IV of the state constitution;
   6. Members, officers, and employees of the legislative branch;
   7. Members, officers, and employees of the judicial branch; specifically, municipal, state, and federal judges and the state court administrator and his designee; and
   8. Any state official or employee communicating with a covered official in response to an inquiry of that covered official or when testifying before any committee of the general assembly upon request of a committee member.
5. Any person who engages in lobbying for a principal department but who is not a state official or employee shall comply with the requirements of sections 24-6-302 and 24-6-303.

Source: L. 77: Entire section added, p. 1152, § 4, effective June 19. L. 79: (4)(a) amended, p. 1638, § 39, effective July 19. L. 87: Entire section R&RE, p. 924, § 4, effective July 3. L. 2010: IP(1)(a) and (2)(b) amended, (SB 10-087), ch. 407, p. 2014, § 4, effective June 10.

24-6-304. Records - preservation - public inspection - electronic access.

1. Each person required to file statements or reports under this part 3 shall maintain for a period of five years such records relating to such statements or reports as the secretary of state determines by regulation are necessary for the effective implementation of this part 3.
2. 1. Any statement required by this part 3 to be filed with the secretary of state shall be preserved by the secretary of state for a period of five years after the date of filing, shall constitute part of the public records of that office, and shall be open and readily accessible for public inspection. The secretary of state shall implement a computer information system that will allow computer users to cross-reference and review, using the name of a professional lobbyist or any other person, any disclosure statement or other written statement filed pursuant to section 24-6-302 and registration statement filed pursuant to section 24-6-303 on which the name of such lobbyist or other person appears.
   2. No later than January 1, 2002, the secretary of state shall establish, operate, and maintain a website on the internet, or modify an existing site, that will allow computer users electronic read-only access to the information required to be filed by this part 3 free of charge. All information required to be filed by this part 3 that is filed electronically shall be made available:
      1. On the website within twenty-four hours after filing; and
      2. In a form that allows a computer user to cross-reference and review, using the name of a professional lobbyist or any other person, any disclosure statement or other written statement filed pursuant to section 24-6-302 and registration statement filed pursuant to section 24-6-303 on which the name of such lobbyist or other person appears.

Source: Initiated 72. L. 73: p. 1663, § 1. C.R.S. 1963: § 3-37-304. L. 77: Entire section R&RE, p. 1152, § 5, effective June 19. L. 96: (2) amended, p. 1083, § 4, effective August 7. L. 2001: (2) amended, p. 149, § 3, effective January 1, 2002. L. 2010: (2)(a) and (2)(b)(II) amended, (SB 10-087), ch. 407, p. 2015, § 5, effective June 10.

24-6-304.5. Examination of books and records.

1. The secretary of state has the power to request to examine or cause to be examined the books and records of any individual who has received or is seeking to renew a certificate of registration as a lobbyist as such books and records may relate to lobbying.
2. Failure of a registrant or an applicant for renewal of the certificate of registration to comply with a request from the secretary of state to furnish the information in subsection (1) of this section shall be grounds for the secretary of state to proceed to use his powers to revoke or suspend a certificate of registration or bar an individual from registration as provided in section 24-6-305.

Source: L. 77: Entire section added, p. 1152, § 6, effective June 19. L. 79: (1) amended, p. 1638, § 40, effective July 19.

24-6-305. Powers of the secretary of state - granting and revoking of certificates - barring from registration - imposition of penalties - notification of substantial violation.

1. It is the duty and responsibility of the secretary of state:
   1. To grant a certificate of registration as a lobbyist to any individual who registers under the provisions of this section and who supplies the information required in this part 3;
   2. To revoke the certificate of registration of any individual who has been convicted of violating any of the provisions of this part 3;
   4. Repealed.
   5. To revoke the certificate of registration of any individual whose lobbying privileges before the general assembly have been suspended following action on a written complaint against the person in accordance with the rules on lobbying practices promulgated by the general assembly.
   1. (1.5) (a) In the case of revocation of a certificate of registration in accordance with the provisions of paragraph (b) or (e) of subsection (1) of this section, the secretary of state shall additionally indicate the revocation on the website and shall send written notice of the revocation by United States mail to each client or other lobbyist for whom the individual lobbies as shown on the individual's registration statement filed pursuant to section 24-6-303 (1).
   2. In the case of censure that has been adopted by the general assembly, the secretary of state shall send a copy of the resolution by United States mail to each client or other lobbyist for whom the individual lobbies as shown on the individual's registration statement filed pursuant to section 24-6-303 (1).
2. In addition to any other powers conferred by this section, the secretary of state may:
   1. Revoke, or suspend for a maximum period of one year, or bar from registration for a maximum period of one year or the remainder of the legislative biennium, whichever is longer, the certificate of registration required by section 24-6-303 for failure to file the reports required by section 24-6-303, provide the information required by section 24-6-304.5, or pay fully any penalty imposed pursuant to section 24-6-302 (7); but no certificate may be revoked or suspended within thirty days after the failure to file such a report if, prior to the last day for filing such reports, the secretary of state has been informed in writing of extenuating circumstances justifying such failure. Any revocation or suspension of a certificate of registration or bar from registration shall be in accordance with the provisions of article 4 of this title.
   2. Adopt rules and regulations in accordance with the provisions of article 4 of this title to define, interpret, implement, and enforce the provisions of this part 3 and to prevent the evasion of the requirements of this part 3;
   3. On his or her own motion or on the verified complaint of any person, investigate the activities of any person who is or who has allegedly been engaged in lobbying and who may be in violation of the requirements of this part 3;
   4. Apply to the district court of the city and county of Denver for the issuance of an order requiring any individual who is believed by the secretary of state to be engaging in lobbying as a professional lobbyist as defined in section 24-6-301 without having received a certificate of registration as required by the provisions of section 24-6-303 to produce documentary evidence which is relevant or material or to give testimony which is relevant or material to the matter in question.
3. If the secretary of state has reasonable grounds to believe that any person is in violation of section 24-6-302 or 24-6-303, the secretary of state may, after notice has been given and a hearing held in accordance with the provisions of article 4 of this title, issue a cease-and-desist order. Such order shall set forth the provisions of this part 3 found to be violated and the facts found to be the violation. Any person subject to a cease-and-desist order shall be entitled, upon request, to judicial review in accordance with the provisions of article 4 of this title.
4. The secretary of state shall timely inform the president of the state senate and the speaker of the state house of representatives whenever the secretary of state has reasonable grounds to believe that a violation of section 24-6-302 or 24-6-303 has occurred that the secretary of state deems substantial.

Source: Initiated 72. L. 73: p. 1664, § 1. C.R.S. 1963: § 3-37-305. L. 77: (1)(c) and (1)(d) repealed, (2) amended, and (3) added, pp. 1153, 1154, §§ 7, 12, effective June 19. L. 79: (1)(a), (1)(b), and (2)(d) amended, p. 1638, § 41, effective July 19. L. 96: (2)(a) amended, p. 1084, § 5, effective August 7. L. 2001: (3) amended and (4) added, p. 150, § 4, effective July 1. L. 2010: (1)(e) and (1.5) added and (2) amended, (SB 10-087), ch. 407, p. 2015, §§ 6, 7, effective June 10. L. 2014: (1.5) amended, (SB 14-217), ch. 398, p. 2005, § 4, effective July 1, 2015.

24-6-306. Employment of legislators, legislative employees, or state employees - filing of statement.

If any person who engages in lobbying employs or causes his employer to employ any member of the general assembly, any member of a rule-making board or commission, any rule-making official of a state agency, any employee of the general assembly, or any full-time state employee who remains in the partial employ of the state or any agency thereof, the new employer shall file a statement under oath with the secretary of state within fifteen days after such employment. The statement shall specify the nature of the employment, the name of the individual to be paid thereunder, and the amount of pay or consideration to be paid thereunder.

Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-306. L. 77: Entire section amended, p. 1154, § 8, effective June 19. L. 79: Entire section amended, p. 1638, § 42, effective July 19.

24-6-307. Employment of unregistered persons.

It is unlawful for any person to employ for pay or any consideration, or pay or agree to pay any consideration to, an individual to engage in lobbying who is not registered except upon condition that such individual register forthwith.

Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-307. L. 77: Entire section amended, p. 1154, § 9, effective June 19. L. 79: Entire section amended, p. 1639, § 43, effective July 19.

24-6-308. Prohibited practices.

1. No person engaged in lobbying shall:
   1. Make any agreement under which any consideration is to be given, transferred, or paid to any person contingent upon the passage or defeat of any legislation; the making or defeat of any rule, standard, or rate by any state agency; or the approval or veto of any legislation by the governor of this state;
   2. Knowingly attempt to deceive, or make a false statement to, a covered official regarding any material fact relating to a matter that is within the scope of duties of the covered official;
   3. Conceal from a covered official the identity of the person or entity for whom the lobbyist is lobbying;
   4. Knowingly use a fictitious name, or a real name without the consent of the person whose name is used, to communicate with a covered official;
   5. Knowingly represent an interest adverse to the lobbyist's client without first obtaining the consent of the client after full disclosure by the lobbyist of the adverse interest;
   6. Make any form of payment to a covered official as compensation for any interest in real or personal property or the provision of services in excess of the amount of compensation that would be paid by a person who is not a lobbyist for such interest or services in the ordinary course of business;
   7. Make a loan to a covered official or engage in any other transaction with a covered official with the intention of making the covered official personally obligated to the lobbyist;
   8. Attempt to influence the vote of a covered official in connection with any pending matter by threat of a political reprisal, including without limitation the promise of financial support of, or opposition to, the covered official's candidacy at any future election;
   9. Seek to influence a covered official by communicating with the covered official's employer;
   10. Cause to be introduced, or influence the introduction of, any bill, resolution, amendment, standard, rule, or rate for the purpose of afterwards being employed to secure its passage or defeat;
   11. Receive compensation for lobbying while serving as a state officer or employee of the state central committee of a political party;
   12. Make a campaign contribution in excess of the applicable limitations established by law or rule or make, solicit, or promise to solicit a campaign contribution during the period when lobbyists are prohibited from making such contributions under section 1-45-105.5, C.R.S.;
   13. Employ, subcontract, or pay compensation to a person for lobbying who has not registered as a lobbyist; or
   14. Engage in any other practice that discredits the practice of lobbying or the general assembly.
2. Any person who believes that a lobbyist has committed any act or omission in violation of this section may file a complaint with the secretary of state or any member of the executive committee of the general assembly in accordance with the procedures for filing a complaint against a lobbyist under the joint rules of the senate and the house of representatives. Upon receipt of a complaint, the secretary of state may act upon alleged violations of this section to enforce governing laws or rules or may refer the matter to the executive committee of the general assembly.

Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-308. L. 77: Entire section amended, p. 1154, § 10, effective June 19. L. 2010: Entire section amended, (SB 10-087), ch. 407, p. 2016, § 8, effective June 10. L. 2014: (1)(e) amended, (SB 14-217), ch. 398, p. 2005, § 5, effective July 1, 2015.

24-6-309. Offenses - penalties - injunctions.

1. [ Editor's note: This version of subsection (1) is effective until March 1, 2022.] Any person who violates any of the provisions of this part 3, except for the commission of any of the practices listed in section 24-6-308 (1)(b) to (1)(e) and (1)(h) to (1)(n), willfully files any document provided for in this part 3 that contains any materially false statement or material omission, or willfully fails to comply with any material requirement of this part 3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars, or by imprisonment in the county jail for not more than twelve months, or by both such fine and imprisonment.

   (1) [ Editor's note: This version of subsection (1) is effective March 1, 2022. ] Any person who violates any of the provisions of this part 3, except for the commission of any of the practices listed in section 24-6-308 (1)(b) to (1)(e) and (1)(h) to (1)(n), willfully files any document provided for in this part 3 that contains any materially false statement or material omission, or willfully fails to comply with any material requirement of this part 3 commits a petty offense.

2. Whenever it appears that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this part 3 or any rule or order under this part 3, the secretary of state may bring an action in district court to enjoin the acts or practices and to enforce compliance with this part 3 or any rule or order under this part 3.

Source: Initiated 72. L. 73: p. 1665, § 1. C.R.S. 1963: § 3-37-309. L. 77: (2) R&RE, p. 1154, § 11, effective July 1, 1979. L. 78: (2) R&RE, p. 266, § 66, effective May 23. L. 2014: (1) amended, (SB 14-119), ch. 106, p. 392, § 1, effective April 7. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3224, § 404, effective March 1, 2022.

Editor's note: (1) The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).

(2) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

24-6-401. Declaration of policy.

It is declared to be a matter of statewide concern and the policy of this state that the formation of public policy is public business and may not be conducted in secret.

Source: Initiated 72. L. 73: p. 1666, § 1. C.R.S. 1963: § 3-37-401. L. 91: Entire section amended, p. 815, § 1, effective June 1.

24-6-402. Meetings - open to public - legislative declaration - definitions.

1. For the purposes of this section:
   1. 1. "Local public body" means any board, committee, commission, authority, or other advisory, policy-making, rule-making, or formally constituted body of any political subdivision of the state and any public or private entity to which a political subdivision, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the local public body.
      2. Notwithstanding the provisions of subparagraph (I) of this paragraph (a), in order to assure school board transparency "local public body" shall include members of a board of education, school administration personnel, or a combination thereof who are involved in a meeting with a representative of employees at which a collective bargaining agreement is discussed.
      3. Notwithstanding the provisions of subparagraph (I) of this paragraph (a), "local public body" includes the governing board of an institute charter school that is authorized pursuant to part 5 of article 30.5 of title 22, C.R.S.
   2. "Meeting" means any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication.
   3. "Political subdivision of the state" includes, but is not limited to, any county, city, city and county, town, home rule city, home rule county, home rule city and county, school district, special district, local improvement district, special improvement district, or service district.
   4. 1. "State public body" means any board, committee, commission, or other advisory, policy-making, rule-making, decision-making, or formally constituted body of any state agency, state authority, governing board of a state institution of higher education including the regents of the university of Colorado, a nonprofit corporation incorporated pursuant to section 23-5-121 (2), C.R.S., or the general assembly, and any public or private entity to which the state, or an official thereof, has delegated a governmental decision-making function but does not include persons on the administrative staff of the state public body.
      2. Notwithstanding the provisions of subparagraph (I) of this paragraph (d), "state public body" does not include the governing board of an institute charter school that is authorized pursuant to part 5 of article 30.5 of title 22, C.R.S.
2. 1. All meetings of two or more members of any state public body at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times.
   2. All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times.
   3. 1. Any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the body is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting. The public place or places for posting such notice shall be designated annually at the local public body's first regular meeting of each calendar year. The posting shall include specific agenda information where possible.
      2. The general assembly hereby finds and declares that:
         1. It is the intent of the general assembly that local governments transition from posting physical notices of public meetings in physical locations to posting notices on a website, social media account, or other official online presence of the local government to the greatest extent practicable;
         2. It is the intent of the general assembly to relieve a local government of the requirement to physically post meeting notices, with certain exceptions, if the local government complies with the requirements of online posted notices of meetings;
         3. A number of factors may affect the ability of some local governments to easily establish a website, post meeting notices online, and otherwise benefit from having an online presence, including the availability of broadband or reliable broadband, the lack of cellular telephone and data services, and fiscal or staffing constraints of the local government;
         4. Local governments are encouraged to avail themselves of existing free resources for creating a website and receiving content management assistance from the Colorado statewide internet portal authority and statewide associations representing local governmental entities; and
         5. It is the intent of the general assembly to closely monitor the transition to providing notices of public meetings online over the next two years and, if significant progress is not made, to bring legislation mandating in statute that all notices be posted online except in very narrow circumstances that are beyond the control of a local government.
      3. On and after July 1, 2019, a local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available, no less than twenty-four hours prior to the holding of the meeting on a public website of the local public body. The notice must be accessible at no charge to the public. The local public body shall, to the extent feasible, make the notices searchable by type of meeting, date of meeting, time of meeting, agenda contents, and any other category deemed appropriate by the local public body and shall consider linking the notices to any appropriate social media accounts of the local public body. A local public body that provides notice on a website pursuant to this subsection (2)(c)(III) shall provide the address of the website to the department of local affairs for inclusion in the inventory maintained pursuant to section 24-32-116. A local public body that posts a notice of a public meeting on a public website pursuant to this subsection (2)(c)(III) may in its discretion also post a notice by any other means including in a designated public place pursuant to subsection (2)(c)(I) of this section; except that nothing in this section shall be construed to require such other posting. A local public body that posts notices of public meetings on a public website pursuant to this subsection (2)(c)(III) shall designate a public place within the boundaries of the local public body at which it may post a notice no less than twenty-four hours prior to a meeting if it is unable to post a notice online in exigent or emergency circumstances such as a power outage or an interruption in internet service that prevents the public from accessing the notice online.
      4. For purposes of this section, "local public body" includes municipalities, counties, school districts, and special districts.
   4. 1. Minutes of any meeting of a state public body shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (3) of this section is held shall reflect the topic of the discussion at the executive session.
      2. Minutes of any meeting of a local public body at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or could occur shall be taken and promptly recorded, and such records shall be open to public inspection. The minutes of a meeting during which an executive session authorized under subsection (4) of this section is held shall reflect the topic of the discussion at the executive session.
      3. If elected officials exchange electronic mail to discuss pending legislation or other public business among themselves, the electronic mail is subject to the requirements of this section. Electronic mail communication between elected officials that does not relate to the merits or substance of pending legislation or other public business, including electronic mail communication regarding scheduling and availability or electronic mail communication that is sent by an elected official for the purpose of forwarding information, responding to an inquiry from an individual who is not a member of the state or local public body, or posing a question for later discussion by the public body, shall not be considered a "meeting" within the meaning of this section. For purposes of this subsection (2)(d)(III), "merits or substance" means any discussion, debate, or exchange of ideas, either generally or specifically, related to the essence of any public policy proposition, specific proposal, or any other matter being considered by the governing entity.
      4. Neither a state nor a local public body may adopt any proposed policy, position, resolution, rule, or regulation or take formal action by secret ballot unless otherwise authorized in accordance with the provisions of this subparagraph (IV). Notwithstanding any other provision of this section, a vote to elect leadership of a state or local public body by that same public body may be taken by secret ballot, and a secret ballot may be used in connection with the election by a state or local public body of members of a search committee, which committee is otherwise subject to the requirements of this section, but the outcome of the vote shall be recorded contemporaneously in the minutes of the body in accordance with the requirements of this section. Nothing in this subparagraph (IV) shall be construed to affect the authority of a board of education to use a secret ballot in accordance with the requirements of section 22-32-108 (6), C.R.S. For purposes of this subparagraph (IV), "secret ballot" means a vote cast in such a way that the identity of the person voting or the position taken in such vote is withheld from the public.
   5. 1. 1. (d.5) (I) (A) Discussions that occur in an executive session of a state public body shall be electronically recorded. If a state public body electronically recorded the minutes of its open meetings on or after August 8, 2001, the state public body shall continue to electronically record the minutes of its open meetings that occur on or after August 8, 2001; except that electronic recording shall not be required for two successive meetings of the state public body while the regularly used electronic equipment is inoperable. A state public body may satisfy the electronic recording requirements of this sub-subparagraph (A) by making any form of electronic recording of the discussions in an executive session of the state public body. Except as provided in sub-subparagraph (B) of this subparagraph (I), the electronic recording of an executive session shall reflect the specific citation to the provision in subsection (3) of this section that authorizes the state public body to meet in an executive session and the actual contents of the discussion during the session. The provisions of this sub-subparagraph (A) shall not apply to discussions of individual students by a state public body pursuant to paragraph (b) of subsection (3) of this section.
         2. If, in the opinion of the attorney who is representing a governing board of a state institution of higher education, including the regents of the university of Colorado, and is in attendance at an executive session that has been properly announced pursuant to paragraph (a) of subsection (3) of this section, all or a portion of the discussion during the executive session constitutes a privileged attorney-client communication, no record or electronic recording shall be required to be kept of the part of the discussion that constitutes a privileged attorney-client communication. The electronic recording of said executive session discussion shall reflect that no further record or electronic recording was kept of the discussion based on the opinion of the attorney representing the governing board of a state institution of higher education, including the regents of the university of Colorado, as stated for the record during the executive session, that the discussion constituted a privileged attorney-client communication, or the attorney representing the governing board of a state institution of higher education, including the regents of the university of Colorado, may provide a signed statement attesting that the portion of the executive session that was not recorded constituted a privileged attorney-client communication in the opinion of the attorney.
         3. If a court finds, upon application of a person seeking access to the record of the executive session of a state public body in accordance with section 24-72-204 (5.5) and after an in camera review of the record of the executive session, that the state public body engaged in substantial discussion of any matters not enumerated in subsection (3) of this section or that the body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of paragraph (a) of subsection (3) of this section, the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in subsection (3) of this section or the adoption of a proposed policy, position, resolution, rule, regulation, or formal action shall be open to public inspection pursuant to section 24-72-204 (5.5).
         4. No portion of the record of an executive session of a state public body shall be open for public inspection or subject to discovery in any administrative or judicial proceeding, except upon the consent of the state public body or as provided in sub-subparagraph (C) of this subparagraph (I) and section 24-72-204 (5.5).
         5. The record of an executive session of a state public body recorded pursuant to sub-subparagraph (A) of this subparagraph (I) shall be retained for at least ninety days after the date of the executive session.
      2. 1. Discussions that occur in an executive session of a local public body shall be electronically recorded. If a local public body electronically recorded the minutes of its open meetings on or after August 8, 2001, the local public body shall continue to electronically record the minutes of its open meetings that occur on or after August 8, 2001; except that electronic recording shall not be required for two successive meetings of the local public body while the regularly used electronic equipment is inoperable. A local public body may satisfy the electronic recording requirements of this sub-subparagraph (A) by making any form of electronic recording of the discussions in an executive session of the local public body. Except as provided in sub-subparagraph (B) of this subparagraph (II), the electronic recording of an executive session shall reflect the specific citation to the provision in subsection (4) of this section that authorizes the local public body to meet in an executive session and the actual contents of the discussion during the session. The provisions of this sub-subparagraph (A) shall not apply to discussions of individual students by a local public body pursuant to paragraph (h) of subsection (4) of this section.
         2. If, in the opinion of the attorney who is representing the local public body and who is in attendance at an executive session that has been properly announced pursuant to subsection (4) of this section, all or a portion of the discussion during the executive session constitutes a privileged attorney-client communication, no record or electronic recording shall be required to be kept of the part of the discussion that constitutes a privileged attorney-client communication. The electronic recording of said executive session discussion shall reflect that no further record or electronic recording was kept of the discussion based on the opinion of the attorney representing the local public body, as stated for the record during the executive session, that the discussion constituted a privileged attorney-client communication, or the attorney representing the local public body may provide a signed statement attesting that the portion of the executive session that was not recorded constituted a privileged attorney-client communication in the opinion of the attorney.
         3. If a court finds, upon application of a person seeking access to the record of the executive session of a local public body in accordance with section 24-72-204 (5.5) and after an in camera review of the record of the executive session, that the local public body engaged in substantial discussion of any matters not enumerated in subsection (4) of this section or that the body adopted a proposed policy, position, resolution, rule, regulation, or formal action in the executive session in contravention of subsection (4) of this section, the portion of the record of the executive session that reflects the substantial discussion of matters not enumerated in subsection (4) of this section or the adoption of a proposed policy, position, resolution, rule, regulation, or formal action shall be open to public inspection pursuant to section 24-72-204 (5.5).
         4. No portion of the record of an executive session of a local public body shall be open for public inspection or subject to discovery in any administrative or judicial proceeding, except upon the consent of the local public body or as provided in sub-subparagraph (C) of this subparagraph (II) and section 24-72-204 (5.5).
         5. Except as otherwise required by section 22-32-108 (5)(e), C.R.S., the record of an executive session of a local public body recorded pursuant to sub-subparagraph (A) of this subparagraph (II) shall be retained for at least ninety days after the date of the executive session.
   6. This part 4 does not apply to any chance meeting or social gathering at which discussion of public business is not the central purpose.
   7. The provisions of paragraph (c) of this subsection (2) shall not be construed to apply to the day-to-day oversight of property or supervision of employees by county commissioners. Except as set forth in this paragraph (f), the provisions of this paragraph (f) shall not be interpreted to alter any requirements of paragraph (c) of this subsection (2).
3. 1. The members of a state public body subject to this part 4, upon the announcement by the state public body to the public of the topic for discussion in the executive session, including specific citation to the provision of this subsection (3) authorizing the body to meet in an executive session and identification of the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, and the affirmative vote of two-thirds of the entire membership of the body after such announcement, may hold an executive session only at a regular or special meeting and for the sole purpose of considering any of the matters enumerated in subsection (3)(b) of this section or the following matters; except that no adoption of any proposed policy, position, resolution, rule, regulation, or formal action, except the review, approval, and amendment of the minutes of an executive session recorded pursuant to subsection (2)(d.5)(I) of this section, shall occur at any executive session that is not open to the public:
      1. The purchase of property for public purposes, or the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage to a person whose personal, private interest is adverse to the general public interest. No member of the state public body shall use this paragraph (a) as a subterfuge for providing covert information to prospective buyers or sellers. Governing boards of state institutions of higher education including the regents of the university of Colorado may also consider the acquisition of property as a gift in an executive session, only if such executive session is requested by the donor.
      2. Conferences with an attorney representing the state public body concerning disputes involving the public body that are the subject of pending or imminent court action, concerning specific claims or grievances, or for purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session of a state public body is not sufficient to satisfy the requirements of this subsection (3).
      3. Matters required to be kept confidential by federal law or rules, state statutes, or in accordance with the requirements of any joint rule of the senate and house of representatives pertaining to lobbying practices or workplace harassment or workplace expectations policies;
      4. Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law;
      5. Determining positions relative to matters that may be subject to negotiations with employees or employee organizations; developing strategy for and receiving reports on the progress of such negotiations; and instructing negotiators;
      6. With respect to the board of regents of the university of Colorado and the board of directors of the university of Colorado hospital authority created pursuant to article 21 of title 23, C.R.S., matters concerning the modification, initiation, or cessation of patient care programs at the university hospital operated by the university of Colorado hospital authority pursuant to part 5 of article 21 of title 23, C.R.S., (including the university of Colorado psychiatric hospital), and receiving reports with regard to any of the above, if premature disclosure of information would give an unfair competitive or bargaining advantage to any person or entity;
      7. With respect to nonprofit corporations incorporated pursuant to section 23-5-121 (2), C.R.S., matters concerning trade secrets, privileged information, and confidential commercial, financial, geological, or geophysical data furnished by or obtained from any person;
      8. With respect to the governing board of a state institution of higher education and any committee thereof, consideration of nominations for the awarding of honorary degrees, medals, and other honorary awards by the institution and consideration of proposals for the naming of a building or a portion of a building for a person or persons.
   2. 1. All meetings held by members of a state public body subject to this part 4 to consider the appointment or employment of a public official or employee or the dismissal, discipline, promotion, demotion, or compensation of, or the investigation of charges or complaints against, a public official or employee shall be open to the public unless said applicant, official, or employee requests an executive session. Governing boards of institutions of higher education including the regents of the university of Colorado may, upon their own affirmative vote, hold executive sessions to consider the matters listed in this paragraph (b). Executive sessions may be held to review administrative actions regarding investigation of charges or complaints and attendant investigative reports against students where public disclosure could adversely affect the person or persons involved, unless the students have specifically consented to or requested the disclosure of such matters. An executive session may be held only at a regular or special meeting of the state public body and only upon the announcement by the public body to the public of the topic for discussion in the executive session and the affirmative vote of two-thirds of the entire membership of the body after such announcement.
      2. The provisions of subparagraph (I) of this paragraph (b) shall not apply to discussions concerning any member of the state public body, any elected official, or the appointment of a person to fill the office of a member of the state public body or an elected official or to discussions of personnel policies that do not require the discussion of matters personal to particular employees.
   3. Notwithstanding the provisions of paragraphs (a) and (b) of this subsection (3), the state board of parole created in part 2 of article 2 of title 17, C.R.S., may proceed in executive session to consider matters connected with any parole proceedings under the jurisdiction of said board; except that no final parole decisions shall be made by said board while in executive session. Such executive session may be held only at a regular or special meeting of the state board of parole and only upon the affirmative vote of two-thirds of the membership of the board present at such meeting.
   4. Notwithstanding any provision of paragraph (a) or (b) of this subsection (3) to the contrary, upon the affirmative vote of two-thirds of the members of the governing board of an institution of higher education who are authorized to vote, the governing board may hold an executive session in accordance with the provisions of this subsection (3).

   (3.5) A search committee of a state public body or local public body shall establish job search goals, including the writing of the job description, deadlines for applications, requirements for applicants, selection procedures, and the time frame for appointing or employing a chief executive officer of an agency, authority, institution, or other entity at an open meeting. The state or local public body shall name one or more candidates as finalists for the position of chief executive officer. The state or local public body shall make public the finalist or finalists under consideration for the position of chief executive officer no later than fourteen days prior to appointing or employing a finalist to fill the position. No offer of appointment or employment shall be made prior to this public notice. Records submitted by or on behalf of a finalist for such position shall be subject to section 24-72-204 (3)(a)(XI). Nothing in this subsection (3.5) shall be construed to prohibit a search committee from holding an executive session to consider appointment or employment matters not described in this subsection (3.5) and otherwise authorized by this section.

4. The members of a local public body subject to this part 4, upon the announcement by the local public body to the public of the topic for discussion in the executive session, including specific citation to this subsection (4) authorizing the body to meet in an executive session and identification of the particular matter to be discussed in as much detail as possible without compromising the purpose for which the executive session is authorized, and the affirmative vote of two-thirds of the quorum present, after such announcement, may hold an executive session only at a regular or special meeting and for the sole purpose of considering any of the following matters; except that no adoption of any proposed policy, position, resolution, rule, regulation, or formal action, except the review, approval, and amendment of the minutes of an executive session recorded pursuant to subsection (2)(d.5)(II) of this section, shall occur at any executive session that is not open to the public:
   1. The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; except that no executive session shall be held for the purpose of concealing the fact that a member of the local public body has a personal interest in such purchase, acquisition, lease, transfer, or sale;
   2. Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions. Mere presence or participation of an attorney at an executive session of the local public body is not sufficient to satisfy the requirements of this subsection (4).
   3. Matters required to be kept confidential by federal or state law or rules and regulations. The local public body shall announce the specific citation of the statutes or rules that are the basis for such confidentiality before holding the executive session.
   4. Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law;
   5. 1. Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators.
      2. Subsection (4)(e)(I) of this section shall not apply to a meeting of the members of a board of education of a school district:
         1. During which negotiations relating to collective bargaining, as defined in section 8-3-104 (3), are discussed; or
         2. During which negotiations for employment contracts, other than negotiations for an individual employee's contract, are discussed.
      3. Notwithstanding subsection (4)(e)(II) of this section, the members of a board of education of a school district may hold an executive session in accordance with the requirements of this subsection (4)(e) for the purpose of developing the strategy of the school district for negotiations relating to collective bargaining or employment contracts.
   6. 1. Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees have requested an open meeting. With respect to hearings held pursuant to the "Teacher Employment, Compensation, and Dismissal Act of 1990", article 63 of title 22, C.R.S., the provisions of section 22-63-302 (7)(a), C.R.S., shall govern in lieu of the provisions of this subsection (4).
      2. The provisions of subparagraph (I) of this paragraph (f) shall not apply to discussions concerning any member of the local public body, any elected official, or the appointment of a person to fill the office of a member of the local public body or an elected official or to discussions of personnel policies that do not require the discussion of matters personal to particular employees.
   7. Consideration of any documents protected by the mandatory nondisclosure provisions of the "Colorado Open Records Act", part 2 of article 72 of this title; except that all consideration of documents or records that are work product as defined in section 24-72-202 (6.5) or that are subject to the governmental or deliberative process privilege shall occur in a public meeting unless an executive session is otherwise allowed pursuant to this subsection (4);
   8. Discussion of individual students where public disclosure would adversely affect the person or persons involved.
5. (Deleted by amendment, L . 96, p. 691, § 1, effective July 1, 1996.)
6. The limitations imposed by subsections (3), (4), and (5) of this section do not apply to matters which are covered by section 14 of article V of the state constitution.
7. The secretary or clerk of each state public body or local public body shall maintain a list of persons who, within the previous two years, have requested notification of all meetings or of meetings when certain specified policies will be discussed and shall provide reasonable advance notification of such meetings, provided, however, that unintentional failure to provide such advance notice will not nullify actions taken at an otherwise properly published meeting. The provisions of this subsection (7) shall not apply to the day-to-day oversight of property or supervision of employees by county commissioners, as provided in paragraph (f) of subsection (2) of this section.
8. No resolution, rule, regulation, ordinance, or formal action of a state or local public body shall be valid unless taken or made at a meeting that meets the requirements of subsection (2) of this section.
9. 1. Any person denied or threatened with denial of any of the rights that are conferred on the public by this part 4 has suffered an injury in fact and, therefore, has standing to challenge the violation of this part 4.
   2. The courts of record of this state shall have jurisdiction to issue injunctions to enforce the purposes of this section upon application by any citizen of this state. In any action in which the court finds a violation of this section, the court shall award the citizen prevailing in such action costs and reasonable attorney fees. In the event the court does not find a violation of this section, it shall award costs and reasonable attorney fees to the prevailing party if the court finds that the action was frivolous, vexatious, or groundless.
10. Any provision of this section declared to be unconstitutional or otherwise invalid shall not impair the remaining provisions of this section, and, to this end, the provisions of this section are declared to be severable.

Source: Initiated 72. L . 73: p. 1666, § 1. C.R.S. 1963: § 3-37-402. L . 77: (1) and (2) amended and (3) added, pp. 1155, 1157, §§ 1, 1, effective June 19. L. 85: (2.6) added, p. 644, § 6, effective June 19. L. 87: (1), (2.3)(a), (2.3)(b), and (2.5) amended and (2.3)(f) added, p. 926, § 1, effective March 27. L. 89: (2.3)(f) amended, p. 1004, § 4, effective October 1. L. 91: Entire section amended, p. 815, § 2, effective June 1; (3)(a)(VI) amended, p. 586, § 6, effective October 1. L. 92: (2)(f) added, p. 972, § 1, effective April 23. L. 96: (2)(d)(III) added, p. 1480, § 2, effective June 1; (1)(b), (1)(d), (2)(d), IP(3)(a), (3)(a)(II), (3)(a)(V), (3)(b), IP(4), (4)(c), (5), and (7) amended and (3.5) added, p. 691, § 1, effective July 1. L. 97: (3.5) amended, p. 320, § 1, effective April 14. L. 99: (4)(g) amended, p. 205, § 1, effective March 31. L. 2000: (1)(d) amended and (3)(a)(VII) added, pp. 414, 415, §§ 4, 5, effective April 13. L. 2001: (3)(a)(III) amended, p. 150, § 5, effective March 27; (2)(d.5) added and IP(3)(a), (3)(b), IP(4), and (4)(f) amended, pp. 1069, 1072, §§ 1, 2, effective August 8. L. 2002: (3)(a)(IV) and (4)(d) amended, p. 238, § 7, effective April 12; (2)(d.5)(I)(A) and (2)(d.5)(II)(A) amended, p. 643, § 3, effective May 24; (3)(a)(VIII) added, p. 85, § 1, effective August 7. L. 2006: (2)(d.5)(I)(A), (2)(d.5)(I)(B), (2)(d.5)(II)(A), and (2)(d.5)(II)(B) amended, p. 9, § 1, effective August 7. L. 2009: (2)(d.5)(I)(B) and (3)(a)(II) amended, (HB 09-1124), ch. 94, p. 359, § 1, effective August 5; (4)(g) amended, (SB 09-292), ch. 369, p. 1967, § 74, effective August 5. L. 2010: (3)(d) added, (SB 10-003), ch. 391, p. 1859, § 40, effective June 9. L. 2012: (2)(d)(IV) added, (HB 12-1169), ch. 64, p. 227, § 1, effective March 24. L. 2014: (2)(d.5)(II)(E) amended, (SB 14-182), ch. 393, p. 1986, § 2, effective June 6; (9) amended, (HB 14-1390), ch. 380, p. 1859, § 1, effective June 6. Initiated 2014: (1)(a) and (4)(e) amended, L. 2015, p. 2203, § 1, effective upon proclamation of the governor, December 17, 2014. L. 2016: (1)(a)(III) added and (1)(d) amended, (HB 16-1422), ch. 351, p. 1436, § 15, effective June 10. L. 2019: IP(3)(a) and (3)(a)(III) amended, (SB 19-244), ch. 243, p. 2377, § 2, effective May 20; (2)(c) amended, (HB 19-1087), ch. 134, p. 608, § 1, effective August 2; IP(4) and (4)(e) amended, (HB 19-1201), ch. 98, p. 359, § 1, effective September 1. L. 2021: (2)(c)(IV) amended, (SB 21-268), ch. 222, p. 1185, § 23, effective June 11; (3.5) amended, (HB 21-1051), ch. 183, p. 986, § 2, effective September 7; (2)(d)(III) amended, (HB 21-1025), ch. 24, p. 110, § 1, effective September 7.

Editor's note: (1) Subsection (2.3)(f) was amended by House Bill No. 1143, enacted by the General Assembly at its first regular session in 1989, as a conforming amendment necessitated by the authorization for the operation of the university of Colorado university hospital by a nonprofit-nonstock corporation. The Colorado Supreme Court subsequently declared House Bill No. 1143 unconstitutional in its entirety. See Colorado Association of Public Employees v. Board of Regents, 804 P.2d 138 (Colo. 1990). Senate Bill 91-225, enacted by the General Assembly at its first regular session in 1991, authorized the operation of university hospital by a newly created university of Colorado hospital authority. Since the previous act was declared unconstitutional in its entirety, the General Assembly elected to make a similar conforming amendment in Senate Bill 91-225. However, subsection (2.3)(f) was amended in Senate Bill 91-33, enacted by the General Assembly at its first regular session in 1991. The provisions of said subsection (2.3)(f) were moved to subsection (3)(a), and, therefore, said subsection was the version amended. For further explanation of the circumstances surrounding the enactment of Senate Bill 91-225, see the legislative declaration contained in section 1 of chapter 99, Session Laws of Colorado 1991.

(2) The vote count on the measure at the general election held November 4, 2014, was as follows:

FOR: : 1,364,747

AGAINST: : 582,473

(3) Section 2(2) of chapter 24 (HB 21-1025), Session Laws of Colorado 2021, provides that the act changing this section applies to electronic mail communication sent on or after September 7, 2021.

Cross references: (1) For the legislative declaration contained in the 1996 act enacting subsection (2)(d)(III), see section 1 of chapter 271, Session Laws of Colorado 1996. For the legislative declaration contained in the 2002 act amending subsections (2)(d.5)(I)(A) and (2)(d.5)(II)(A), see section 1 of chapter 187, Session Laws of Colorado 2002. For the legislative declaration in the 2010 act adding subsection (3)(d), see section 1 of chapter 391, Session Laws of Colorado 2010.

(2) For the legislative declaration in HB 21-1051, see section 1 of chapter 183, Session Laws of Colorado 2021.

24-6-501. Definitions.

As used in this part 5, unless the context otherwise requires:

1. "Encryption" means the encoding of voice communication on an analog or digitally modulated radio carrier, which encoding renders the communication difficult or impossible to be monitored by commercially available radio receivers or scanners.
2. "Law enforcement agency" means a municipal police department or a county sheriff's office.
3. "Media" means a news media entity associated with a statewide organization representing FCC-licensed broadcasting entities or a statewide organization representing a majority of Colorado newspapers.
4. "Radio communications" means any communication by way of transmission of a radio frequency carrier to base, mobile, or portable radio transceivers by either analog or digital modulation.
5. "Scanner" means a radio receiver designed for the purpose of monitoring multiple radio carriers simultaneously.

Source: L. 2021: Entire part added, (HB 21-1250), ch. 458, p. 3069, § 19, effective July 6.

24-6-502. Public broadcast of governmental radio communications - encryption policy.

A law enforcement agency that encrypts all of its radio communications shall create a communications access policy, through collaboration with Colorado-based media outlets, that includes an agreement governing access for the media to primary dispatch channels or talk groups through commercially available radio receivers, scanners, or any other feasible technology. The policy may include, but is not limited to, verification of media credentials; reasonable restrictions on the use of the commercially available radio receivers, scanners, or other feasible technology; and financial or other costs related to the sale, lease, or loan of the commercially available radio receivers, scanners, or any other feasible technology.

Source: L. 2021: Entire part added, (HB 21-1250), ch. 458, p. 3069, § 19, effective July 6.

24-7-100.2. Legislative declaration.

1. The general assembly hereby finds that the efforts of security officers employed by institutions of higher education to protect the persons and property of their environments are important elements of effective public safety management.
2. The general assembly acknowledges the operational and environmental acumen of security officers of institutions of higher education regarding their facilities and the importance of including representatives of the institutions in emergency preparedness planning and training efforts conducted by local law enforcement agencies and emergency planning agencies intended to reduce the likelihood of, and develop effective responses to, emergency situations occurring at their facilities.
3. The general assembly hereby encourages ongoing cooperation efforts among local law enforcement agencies, emergency planning agencies, and the security officers of institutions of higher education regarding emergency preparedness and response planning and training and development of communication capabilities supporting effective coordination among these groups during emergencies.

Source: L. 2008: Entire section added, p. 87, § 5, effective March 18.

24-7-101. State institutions authorized to employ security officers.

The institutions, agencies, and departments of state government, including any institution of higher education, are hereby authorized to employ security officers to protect the property of the institution, agency, or department employing the officer and to perform other police, security, and administrative functions as may be deemed necessary.

Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-1. L. 2008: Entire section amended, p. 87, § 6, effective March 18.

24-7-102. Supervision and control.

The security officers employed pursuant to this article shall be under the control and supervision of the governing authority or head of the employing state institution. The governing authorities or heads of the state institutions, agencies, and departments shall provide appropriate credentials for the officers. The employing institution, department, or agency may permit its security officers that have been designated as peace officers pursuant to section 16-2.5-101, C.R.S., to hold and receive such other law enforcement commissions or appointments as are appropriate to carry out their duties.

Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-2. L. 2008: Entire section amended, p. 87, § 7, effective March 18.

24-7-103. Powers conferred.

1. Security officers employed and commissioned pursuant to this article that have been designated as peace officers pursuant to section 16-2.5-101, C.R.S., when operating on state owned or leased property, are hereby granted all the powers conferred by law upon peace officers to carry weapons and to make arrests.
2. When not on state owned or leased property, security officers employed and commissioned pursuant to this article shall not have any authority not possessed by private citizens to arrest, investigate, or carry weapons. This subsection (2) shall not apply to peace officers as described in section 16-2.5-101, C.R.S.

Source: L. 71: p. 120, § 1. C.R.S. 1963: § 3-32-3. L. 2002: Entire section amended, p. 840, § 2, effective May 30. L. 2003: (2) amended, p. 1622, § 38, effective August 6. L. 2008: (1) amended, p. 87, § 8, effective March 18.

24-7-104. State property not exempt from local law enforcement.

Nothing in this article shall be construed to exempt state property from the authority of law enforcement agencies within whose jurisdiction the state property is located; except that representatives of the law enforcement agencies shall coordinate their official actions on state property with the appropriate security officers or police officers, except when emergency circumstances preclude such coordination.

Source: L. 71: p. 121, § 1. C.R.S. 1963: § 3-32-4. L. 2008: Entire section amended, p. 88, § 9, effective March 18.

24-7-105. Officers' qualifications.

Security officers shall be at least twenty-one years of age and shall possess such other qualifications as may be specified by the state personnel director, including continuing training as may be prescribed by the said director.

Source: L. 71: p. 121, § 1. C.R.S. 1963: § 3-32-5. L. 94: Entire section amended, p. 1731, § 10, effective May 31.

Cross references: For provisions concerning the Colorado law enforcement training academy, see part 3 of article 33.5 of this title.

24-7-106. Peace officers standards and training board evaluation and recommendation - legislative authorization of peace officer status required.

Notwithstanding other provisions of this article, a person or group of persons employed as security officers or guards by any institution, agency, or department of state government, including any institution of higher education, shall not be designated as peace officers, after June 3, 2004, without completing the peace officer standards and training board processes described in sections 16-2.5-201 and 16-2.5-202, C.R.S., and obtaining the legislative authorization described in section 16-2.5-101, C.R.S.

Source: L. 2008: Entire section added, p. 88, § 10, effective March 18.

24-7.5-101. State institutions of higher education authorized to employ police officers.

The state institutions of higher education are authorized to employ police officers to provide law enforcement and property protection for the institution employing the officers and to perform other police, emergency planning, community safety, and administrative functions as may be deemed necessary.

Source: L. 2008: Entire article added, p. 88, § 11, effective March 18.

24-7.5-102. Supervision and control.

State higher education police officers employed pursuant to this article shall be under the supervision and control of the governing board of the employing state institution of higher education or its designee. The governing board or head of the state institution of higher education shall provide institutional police commissions and other appropriate credentials for the police officers. The employing institution may permit its police officers to hold and receive other law enforcement commissions or appointments as are appropriate to carry out their duties.

Source: L. 2008: Entire article added, p. 88, § 11, effective March 18.

24-7.5-103. Powers conferred.

1. State higher education police officers employed and commissioned pursuant to this article, when operating on property owned or leased by the state institution of higher education, are granted all the powers conferred by law upon peace officers to carry weapons and make arrests.
2. When not on property owned or leased by the state institution of higher education, state higher education police officers shall not have any greater authority than that conferred upon peace officers by section 16-3-110, C.R.S.

Source: L. 2008: Entire article added, p. 88, § 11, effective March 18.

24-7.5-104. State institution of higher education property not exempt from local law enforcement.

Nothing in this article shall be construed to exempt the property of a state institution of higher education from the authority of law enforcement agencies within whose jurisdiction the property is located; except that representatives of the law enforcement agencies shall coordinate their official actions on the property with the appropriate higher education police officers, except when emergency circumstances preclude such coordination.

Source: L. 2008: Entire article added, p. 89, § 11, effective March 18.

24-7.5-105. Officers' qualifications.

State higher education police officers shall be at least twenty-one years of age and shall possess other qualifications as may be specified by the state personnel director, including continuing training as may be prescribed by the director. State higher education police officers shall be certified by the peace officers standards and training board.

Source: L. 2008: Entire article added, p. 89, § 11, effective March 18.

24-7.5-106. Peace officers standards and training board evaluation and recommendation - legislative authorization of peace officer status required.

Notwithstanding any other provision of this article, a person or group of persons employed by any institution of higher education shall not be designated as police officers after June 3, 2004, without completing the peace officers standards and training board processes described in sections 16-2.5-201 and 16-2.5-202, C.R.S., and obtaining the certification described in section 16-2.5-102, C.R.S.

Source: L. 2009: Entire section added, (SB 09-097), ch. 110, p. 457, § 5, effective August 5.

24-8-101. Legislative declaration.

The general assembly declares it to be in the public interest that the transition from the administration of one governor to that of another be efficient and carefully planned. It is the purpose of this article to provide the governor-elect with sufficient resources to effect such a transition, including temporary office space, staff services, access to budgetary and other necessary and desirable information, and cooperation of officials and employees of the executive branch of state government.

Source: L. 69: p. 95, § 1. C.R.S. 1963: § 3-29-1.

24-8-102. Office space, supplies, and equipment.

The department of personnel shall provide the governor-elect and the governor-elect's staff with suitable office space in the capitol building, together with sufficient furnishings, supplies, equipment, and telephone service for the period between the general election and the inauguration.

Source: L. 69: p. 95, § 2. C.R.S. 1963: § 3-29-2. L. 95: Entire section amended, p. 639, § 29, effective July 1.

Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.

24-8-103. Access to information.

1. The governor and executive director of the department of personnel shall cooperate with the governor-elect and the governor-elect's staff to enable the governor-elect to adequately prepare his or her policy priorities, budget recommendations, legislative program, and messages to the general assembly. To implement the provisions of this section, the governor-elect and authorized staff shall have full access to:
   1. All reports, estimates, minutes of hearings, and other information in the executive department of state government pertaining to estimated revenues and the proposed executive budget for the next fiscal year or years;
   2. All information relating to the problems, policies, and plans of any department of the executive branch of state government;
   3. The official records of the governor's office.

Source: L. 69: p. 95, § 3. C.R.S. 1963: § 3-29-3. L. 95: IP(1) amended, p. 640, § 30, effective July 1.

Cross references: For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (1), see section 112 of chapter 167, Session Laws of Colorado 1995.

24-8-104. Staff personnel - state employees.

The governor-elect shall be entitled to contract for the assistance and services of persons of his own choosing for the period between the general election and the inauguration, and they shall receive reasonable compensation for their services within the limits of appropriations made under section 24-8-105. Such persons shall not otherwise be classified as state employees, nor shall they be subject to the state personnel system laws during such period. In addition, upon request of the governor-elect, the executive director of any department shall assign an employee of his department to assist the governor-elect and his staff for such time as may be necessary between the general election and the inauguration.

Source: L. 69: p. 95, § 4. C.R.S. 1963: § 3-29-4.

24-8-105. General assembly to make appropriation.

At the regular session in each year in which there is a general election to elect a new governor, the general assembly shall appropriate to the department of personnel a sum of not less than ten thousand dollars to pay the necessary expenses of the governor-elect incurred between the general election and the inauguration, including, but not limited to, office supplies, postage, actual and necessary travel expenses, and compensation of administrative, secretarial, and clerical personnel. Any unexpended balance of such appropriation remaining after the payment of such expenses shall revert to the general fund.

Source: L. 69: p. 96, § 5. C.R.S. 1963: § 3-29-5. L. 95: Entire section amended, p. 640, § 31, effective July 1.

Cross references: For the legislative declaration contained in the 1995 act amending this section, see section 112 of chapter 167, Session Laws of Colorado 1995.

24-9-101. Salaries of elected state officials.

1. The following state officials shall receive annual salaries and allowances, payable monthly, as follows:
   1. Governor:
      1. Repealed.
      2. 1. The salary payable to the governor for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to sixty-six percent of the total annual salary paid to the chief justice of the state supreme court on January 10, 2019.
         2. Each subsequent salary paid under this paragraph (a) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year gubernatorial term, and applying to each year of that term, the governor's annual salary is an amount equal to sixty-six percent of the total annual salary earned by the chief justice of the supreme court on the first day of the governor's term.
   2. Lieutenant governor:
      1. Repealed.
      2. 1. The salary payable to the lieutenant governor for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.
         2. Each subsequent salary paid under this paragraph (b) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the lieutenant governor's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the lieutenant governor's term.
      3. Notwithstanding any provision of subparagraph (II) of this paragraph (b) to the contrary, if the lieutenant governor is concurrently serving as the head of a principal department and the salary for the head of that principal department is greater than that to which the lieutenant governor is entitled under this paragraph (b), the lieutenant governor shall also be paid that portion of the salary for the head of the principal department that, when added to the amount of the salary paid under this paragraph (b), equals the amount paid to the head of that principal department.
      4. Notwithstanding subsection (1)(b)(II) of this section, if the lieutenant governor is concurrently serving as the director of the office of saving people money on healthcare within the office of the governor and the salary for the director of the office of saving people money on healthcare is greater than the amount to which the lieutenant governor is entitled under this subsection (1)(b), the lieutenant governor shall also be paid that portion of the salary for the director of the office of saving people money on healthcare that, when added to the amount of the salary paid under this subsection (1)(b), equals the amount paid to the director of the office of saving people money on healthcare.
   3. President of the senate, speaker of the house of representatives, minority leader of the senate, or minority leader of the house of representatives, while for any reason acting as governor, the sum of twenty dollars per day as expenses;
   4. Attorney general:
      1. Repealed.
      2. 1. The salary payable to the attorney general for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to sixty percent of the total annual salary paid to the chief judge of the court of appeals on January 10, 2019.
         2. Each subsequent salary paid under this paragraph (d) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the attorney general's annual salary is an amount equal to sixty percent of the total annual salary earned by the chief judge of the court of appeals on the first day of the attorney general's term.
   5. Secretary of state:
      1. Repealed.
      2. 1. The salary payable to the secretary of state for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.
         2. Each subsequent salary paid under this paragraph (e) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the secretary of state's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the secretary of state's term.
   6. State treasurer:
      1. Repealed.
      2. 1. The salary payable to the state treasurer for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.
         2. Each subsequent salary paid under this paragraph (f) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the state treasurer's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the state treasurer's term.
2. Any official who assumes his or her position by reason of filling a vacancy shall be paid the same salary as that to which the vacating official was entitled.
3. Repealed.
4. Nothing in this section authorizes the salary of any elected state official to be modified while he or she is serving his or her official term.
5. The director of research of the legislative council appointed pursuant to section 2-3-304 (1), C.R.S., shall post the amount of the current annual salary payable to each elected official pursuant to this section on the website of the general assembly. In addition, the department of each elected official shall publish the amount of the current annual salary payable to the elected official on the website of department.

Source: L. 58: p. 236, §§ 1, 2. C.R.S. 53: § 56-1-4. L. 62: pp. 155, 161, §§ 2, 1. C.R.S. 1963: § 56-1-1. L. 65: p. 162, § 13. L. 67: pp. 594, 595, §§ 1, 4. L. 70: p. 189, § 1. L. 74: (1)(e), (1)(f), and (1)(g) amended and (2) R&RE, p. 272, §§ 1, 2, effective July 1. L. 76: (1)(c) amended, p. 305, § 42, effective May 20. L. 78: (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), and (2) amended, p. 392, § 2, effective January 1. L. 80: (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), and (2) amended, p. 577, § 5, effective July 1. L. 85: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended, p. 801, § 1, effective July 1. L. 97: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended, p. 1176, § 2, effective May 28. L. 98: (3) added, p. 824, § 35, effective August 5. L. 2011: (1)(b) amended, (HB 11-1155), ch. 90, p. 265, § 3, effective April 6. L. 2015: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended and (4) and (5) added, (SB 15-288), ch. 270, p. 1056, § 1, effective January 1, 2016. L. 2016: (1)(b)(I) amended, (HB 16-1462), ch. 192, p. 681, § 2, effective May 26. L. 2019: (1)(b)(IV) added, (HB 19-1127), ch. 310, p. 2808, § 2, effective May 28.

Editor's note: (1) Subsection (3)(b) provided for the repeal of subsection (3), effective January 12, 1999. (See L . 98, p. 824.)

(2) Subsections (1)(a)(I)(B), (1)(b)(I)(B), (1)(d)(I)(B), (1)(e)(I)(B), and (1)(f)(I)(B) provided for the repeal of subsections (1)(a)(I), (1)(b)(I), (1)(d)(I), (1)(e)(I), and (1)(f)(I), respectively, effective January 10, 2019. (See L . 2015, p. 1056.)

Cross references: For limitations on increase of salaries for elected officials, see § 11 of article XII, Colo. Const.

24-9-102. Salaries of appointed state officials.

1. The following state officials shall receive annual salaries and allowances, payable monthly, as follows:
   1. Deputy secretary of state, an amount set by the secretary of state;
   2. Deputy state treasurer, an amount set by the state treasurer;
   3. Repealed.
   4. Effective July 1, 2005, public utilities commission, each commissioner, an amount as set by the executive director of the department of regulatory agencies based on the most recent available figures contained in the annual total compensation survey conducted by the state personnel director pursuant to section 24-50-104 (4)(a) and subject to review by the state auditor and the general assembly pursuant to section 24-50-104 (4)(b) and (4)(c). The commissioners' salaries shall be set within the range identified in the survey for the category of senior executive service and shall be uniform; except that the chairman may receive a salary that is up to ten percent higher than those of the other two commissioners.
   5. Repealed.
2. The positions listed in paragraphs (a) to (e) of subsection (1) of this section shall be full-time positions, and the salaries shall be for the full-time services of the persons involved.
3. (Deleted by amendment, L . 2005, p. 500, § 1, effective May 12, 2005.)

Source: L. 1883: p. 191, § 1. G.S. § 2993. L. 1891: p. 197, § 4. L. 05: p. 156, § 1. L. 07: p. 400, § 1. R.S. 08: §§ 2557, 2558, 2561, 2563. C.L. §§ 7912, 7916, 7918. CSA: C. 66, §§ 52(1a), 52(1b). L. 45: p. 340, § 1. L. 51: p. 389, § 1. L. 53: p. 292, §§ 1, 2. CRS 53: § 56-1-1. L. 55: p. 379, §§ 1, 2. L. 56: p. 142, § 1. L. 58: p. 237, § 2. L. 59: pp. 434, 435, §§ 1, 2. L. 62: pp. 155, 157, 158, §§ 1, 1, 1. L. 63: p. 489, § 1. C.R.S. 1963: § 56-1-3. L. 65: pp. 162, 623, §§ 13, 1. L. 67: pp. 31, 594, 595, §§ 1, 2-4. L. 68: p. 138, § 175. L. 69: pp. 380, 381, §§ 1, 1. L. 71: p. 316, § 21. L. 73: pp. 621, 622, §§ 1, 2, 1. L. 76: (1)(c), (1)(d), (1)(e) and (3) amended, p. 592, § 4, effective July 1. L. 78: (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), and (3) amended, p. 393, § 3, effective July 1. L. 80: (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), and (3) amended, p. 578, § 6, effective July 1. L. 84: (1)(c), (1)(d), (1)(e), and (3) amended, p. 667, § 1, effective May 9; (1)(a), (1)(b), and (3) amended, p. 665, § 1, effective July 1. L. 86: (1)(e) repealed, p. 502, § 125, effective July 1. L. 87: (1)(a), (1)(b), and (3) amended, p. 928, § 1, effective July 1. L. 93: (1)(d) amended, p. 2056, § 1, effective July 1. L. 96: (1)(d) amended, p. 632, § 1, effective May 1. L. 97: (1)(c) repealed, p. 855, § 42, effective May 21. L. 2005: (1)(d) and (3) amended, p. 500, § 1, effective May 12.

24-9-103. Deputy state officers.

The secretary of state and the state treasurer are hereby authorized to appoint their own deputies.

Source: L. 1891: p. 194, §§ 1-3. R.S. 08: §§ 2559, 2560, 2562. C.L. §§ 7914, 7915, 7917. CSA: C. 66, §§ 53-55. L. 47: p. 460, § 3. CRS 53: § 56-1-3. C.R.S. 1963: § 56-1-4. L. 65: p. 158, § 11.

24-9-104. Mileage allowances.

1. Repealed.
2. 1. to (c) Repealed.

      (d) On and after January 1, 2008, state officers and employees shall be allowed a mileage allowance for each mile actually and necessarily traveled while on official state business calculated at ninety percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent, and, when authorized to be utilized and necessary for official state business, ninety-five percent of the prevailing internal revenue service mileage reimbursement rate to the nearest cent for four-wheel-drive vehicles and forty cents per nautical mile for privately owned aircraft.

      (e) For purposes of this section, "four-wheel-drive vehicles" means sport utility vehicles and pick-up trucks with a four-wheel-drive transmission system. "Four-wheel-drive vehicles" shall not include standard vehicles with all-wheel-drive capability.

      (f) Repealed.

Source: L. 83: Entire section R&RE, p. 858, § 1, effective June 3. L. 88: (1) repealed, p. 1435, § 31, effective June 11. L. 98: (2) amended, p. 896, § 1, effective July 1, 1999. L. 2006: (2) amended, p. 1348, § 2, effective May 31.

Editor's note: (1) Subsection (2)(a)(II) provided for the repeal of subsection (2)(a), effective January 1, 2007. (See L . 2006, p. 1348.)

(2) Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective January 1, 2008. (See L . 2006, p. 1348.)

(3) Subsections (2)(c)(II) and (2)(f)(IV) provided for the repeal of subsections (2)(c) and (2)(f), respectively, effective January 1, 2009. (See L . 2006, p. 1348.)

24-9-105. Elected state officials - discretionary funds.

1. Beginning with the fiscal year commencing July 1, 1985, and for each fiscal year thereafter, subject to annual appropriation by the general assembly, there is hereby available the following amounts for elected state officials for expenditure in pursuance of official business as each elected official sees fit:
   1. Governor, twenty thousand dollars;
   2. Lieutenant governor, five thousand dollars;
   3. Attorney general, five thousand dollars;
   4. Secretary of state, five thousand dollars;
   5. State treasurer, five thousand dollars.
2. The appropriations made by paragraphs (a), (b), (c), and (e) of subsection (1) of this section shall be out of any moneys in the general fund not otherwise appropriated, and the appropriation made by paragraph (d) of subsection (1) of this section shall be out of any moneys in the department of state cash fund not otherwise appropriated.

Source: L. 85: Entire section added, p. 801, § 2, effective July 1. L. 93: (1) amended, p. 1515, § 19, effective June 6.

Cross references: For the department of state cash fund, see § 24-21-104 (3)(b).

24-9.5-101 to 24-9.5-109. (Repealed)

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

Editor's note: (1) This article was added in 1979. For amendments to this article 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.

(2) Provisions relating to recall of state officers are now located in article 12 of title 1.

24-10-101. Short title.

This article shall be known and may be cited as the "Colorado Governmental Immunity Act".

Source: L. 71: p. 1204, § 1. C.R.S. 1963: § 130-11-1.

24-10-102. Declaration of policy.

It is recognized by the general assembly that the doctrine of sovereign immunity, whereunder the state and its political subdivisions are often immune from suit for injury suffered by private persons, is, in some instances, an inequitable doctrine. The general assembly also recognizes that the supreme court has abrogated the doctrine of sovereign immunity effective July 1, 1972, and that thereafter the doctrine shall be recognized only to such extent as may be provided by statute. The general assembly also recognizes that the state and its political subdivisions provide essential public services and functions and that unlimited liability could disrupt or make prohibitively expensive the provision of such essential public services and functions. The general assembly further recognizes that the taxpayers would ultimately bear the fiscal burdens of unlimited liability and that limitations on the liability of public entities and public employees are necessary in order to protect the taxpayers against excessive fiscal burdens. It is also recognized that public employees, whether elected or appointed, should be provided with protection from unlimited liability so that such public employees are not discouraged from providing the services or functions required by the citizens or from exercising the powers authorized or required by law. It is further recognized that the state, its political subdivisions, and the public employees of such public entities, by virtue of the services and functions provided, the powers exercised, and the consequences of unlimited liability to the governmental process, should be liable for their actions and those of their agents only to such an extent and subject to such conditions as are provided by this article. The general assembly also recognizes the desirability of including within one article all the circumstances under which the state, any of its political subdivisions, or the public employees of such public entities may be liable in actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant and that the distinction for liability purposes between governmental and proprietary functions should be abolished.

Source: L. 71: p. 1204, § 1. C.R.S. 1963: § 130-11-2. L. 79: Entire section amended, p. 862, § 1, effective July 1. L. 86: Entire section amended, p. 873, § 1, effective July 1.

24-10-103. Definitions.

As used in this article 10, unless the context otherwise requires:

1. "Controlled agricultural burn" means a technique used in farming to clear the land of any existing crop residue, kill weeds and weed seeds, or to reduce fuel buildup and decrease the likelihood of a future fire.

   (1.3) "Dangerous condition" means either a physical condition of a facility or the use thereof that constitutes an unreasonable risk to the health or safety of the public, which is known to exist or which in the exercise of reasonable care should have been known to exist and which condition is proximately caused by the negligent act or omission of the public entity or public employee in constructing or maintaining such facility. For the purposes of this subsection (1.3), a dangerous condition should have been known to exist if it is established that the condition had existed for such a period and was of such a nature that, in the exercise of reasonable care, such condition and its dangerous character should have been discovered. A dangerous condition shall not exist solely because the design of any facility is inadequate. The mere existence of wind, water, snow, ice, or temperature shall not, by itself, constitute a dangerous condition.

   (1.5) "Health-care practitioner" means a physician, dentist, clinical psychologist, or any other person acting at the direction or under the supervision or control of any such persons.

2. "Injury" means death, injury to a person, damage to or loss of property, of whatsoever kind, which, if inflicted by a private person, would lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant.

   (2.5) "Maintenance" means the act or omission of a public entity or public employee in keeping a facility in the same general state of repair or efficiency as initially constructed or in preserving a facility from decline or failure. "Maintenance" does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility.

   (2.7) "Motor vehicle" means a motor vehicle as defined in section 42-1-102, C.R.S., and a light rail car or engine owned or leased by a public entity.

3. 1. "Operation" means the act or omission of a public entity or public employee in the exercise and performance of the powers, duties, and functions vested in them by law with respect to the purposes of any public hospital, jail, or public water, gas, sanitation, power, or swimming facility. "Operation" does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility.
   2. The term "operation" shall not be construed to include:
      1. A failure to exercise or perform any powers, duties, or functions not vested by law in a public entity or employee with respect to the purposes of any public facility set forth in paragraph (a) of this subsection (3);
      2. A negligent or inadequate inspection or a failure to make an inspection of any property, except property owned or leased by the public entity, to determine whether such property constitutes a hazard to the health or safety of the public.

   (3.5) "Prescribed fire" means the application of fire in accordance with a written prescription for vegetative fuels and excludes a controlled agricultural burn.

4. 1. "Public employee" means an officer, employee, servant, or authorized volunteer of the public entity, whether or not compensated, elected, or appointed, but does not include an independent contractor or any person who is sentenced to participate in any type of useful public service. For the purposes of this subsection (4), "authorized volunteer" means a person who performs an act for the benefit of a public entity at the request of and subject to the control of such public entity and includes a qualified volunteer as defined in section 24-33.5-802 (9).
   2. "Public employee" includes any of the following:
      1. Any health-care practitioner employed by a public entity, except for any health-care practitioner who is employed on less than a full-time basis by a public entity and who additionally has an independent or other health-care practice. Any such person employed on less than a full-time basis by a county or a district public health agency and who additionally has an independent or other health-care practice shall maintain the status of a public employee only when such person engages in activities at or for the county or the district public health agency that are within the course and scope of such person's responsibilities as an employee of the county or the district public health agency. For purposes of this subparagraph (I), work performed as an employee of another public entity or of an entity of the United States government shall not be considered to be an independent or other health-care practice.
      2. Any health-care practitioner employed part-time by and holding a clinical faculty appointment at a public entity as to any injury caused by a health-care practitioner-in-training under such health-care practitioner's supervision. Any such person shall maintain the status of a public employee when such person engages in supervisory and educational activities over a health-care practitioner-in-training at a nonpublic entity if said activities are within the course and scope of such person's responsibilities as an employee of a public entity.
      3. Any health-care practitioner-in-training who is duly enrolled and matriculated in an educational program of a public entity and who is working at either a public entity or a nonpublic entity. Any such person shall maintain the status of a public employee when such person engages in professional or educational activities at a nonpublic entity if said activities are within the course and scope of such person's responsibilities as a student or employee of a public entity.
      4. Any health-care practitioner who is a nurse licensed under part 1 of article 255 of title 12 employed by a public entity. Any such person shall maintain the status of a public employee only when such person engages in activities at or for the public entity that are within the course and scope of such person's responsibilities as an employee of the public entity.
      5. Any health-care practitioner who volunteers services at or on behalf of a public entity, or who volunteers services as a participant in the community maternity services program;
      6. Any release hearing officer utilized by the department of corrections and the state board of parole pursuant to section 17-2-217 (1), C.R.S. A release hearing officer shall maintain the status of a public employee only when the release hearing officer engages in activities that are within the course and scope of his or her responsibilities as a release hearing officer.
      7. Any administrative hearing officer utilized by the department of corrections and the state board of parole pursuant to section 17-2-201 (3)(h)(I). An administrative hearing officer shall maintain the status of a public employee only when the administrative hearing officer engages in activities that are within the course and scope of his or her responsibilities as an administrative hearing officer.
   3. Except for persons identified in subsections (4)(b)(II), (4)(b)(III), and (4)(b)(V) of this section, "public employee" shall not include any health care practitioner or any health care professional as defined in section 13-64-202 (4) who is employed by the university of Colorado hospital authority unless the practitioner or professional is providing services within the course and scope of the person's responsibilities as an employee or volunteer of the university of Colorado hospital authority in a facility that is either located on the Anschutz medical campus or that is operating under the hospital license issued to the university hospital pursuant to part 1 of article 3 of title 25, including off-campus locations. The "Health Care Availability Act", article 64 of title 13, is applicable to health care practitioners and health care professionals employed by the university of Colorado hospital authority that are not immune from liability under section 24-10-118 because of the definition of "public employee" specified in this subsection (4)(c).
5. "Public entity" means the state, the judicial department of the state, any county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract or cooperation only between or among the state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof.

   (5.5) "Public sanitation facility" means structures and related apparatus used in the collection, treatment, or disposition of sewage or industrial wastes of a liquid nature that is operated and maintained by a public entity. "Public sanitation facility" does not include: A public water facility; a natural watercourse even if dammed, channelized, or containing storm water runoff, discharge from a storm sewer, or discharge from a sewage treatment plant outfall; a drainage, borrow, or irrigation ditch even if the ditch contains storm water runoff or discharge from storm sewers; a curb and gutter system; or other drainage, flood control, and storm water facilities.

   (5.7) "Public water facility" means structures and related apparatus used in the collection, treatment, or distribution of water for domestic and other legal uses that is operated and maintained by a public entity. "Public water facility" does not include: A public sanitation facility; a natural watercourse even if dammed, channelized, or used for transporting domestic water supplies; a drainage, borrow, or irrigation ditch even if dammed, channelized, or containing storm water runoff or discharge; or a curb and gutter system.

6. "Sidewalk" means that portion of a public roadway between the curb lines or the lateral lines of the traveled portion and the adjacent property lines which is constructed, designed, maintained, and intended for the use of pedestrians.
7. "State" means the government of the state; every executive department, board, commission, committee, bureau, and office; and every state institution of higher education, whether established by the state constitution or by law, and every governing board thereof. "State" does not include the judicial department, a county, municipality, city and county, school district, special district, or any other kind of district, instrumentality, political subdivision, or public corporation organized pursuant to law.

Source: L. 71: p. 1205, § 1. C.R.S. 1963: § 130-11-3. L. 82: (4) amended, p. 604, § 6, effective July 1. L. 86: (1), (2), and (4) amended, p. 874, § 2, effective July 1. L. 87: (4) amended and (1.5) added, p. 929, § 1, effective June 20. L. 88: (4)(b)(I) amended and (4)(b)(IV) and (4)(b)(V) added, p. 893, § 1, effective March 20. L. 92: (1) and (5) amended and (6) added, p. 1115, § 1, effective July 1. L. 93: (4) amended, p. 571, § 1, effective April 30. L. 2002: (4)(b)(VI) added, p. 490, § 1, effective May 24. L. 2003: (1) and (3)(a) amended and (2.5), (5.5), and (5.7) added, p. 1343, § 2, effective July 1. L. 2004: (4)(b)(V) amended, p. 1200, § 61, effective August 4. L. 2007: (2.7) added, p. 1025, § 1, effective July 1. L. 2008: (4)(b)(VII) added, p. 32, § 1, effective March 13; (4)(b)(I) amended, p. 2051, § 2, effective July 1; (4)(a) amended, p. 610, § 2, effective August 5. L. 2012: (1) amended and (1.3), (3.5), and (7) added, (HB 12-1361), ch. 242, p. 1144, § 1, effective June 4. L. 2013: (5) amended, (HB 13-1294), ch. 313, p. 1644, § 1, effective May 28; (4)(a) amended, (HB 13-1300), ch. 316, p. 1681, § 51, effective August 7. L. 2018: (4)(b)(VII) amended, (HB 18-1375), ch. 274, p. 1705, § 35, effective May 29. L. 2019: IP and (4)(b)(IV) amended, (HB 19-1172), ch. 136, p. 1687, § 125, effective October 1. L. 2020: (4)(b)(IV) amended, (HB 20-1183), ch. 157, p. 701, § 55, effective July 1; (4)(c) added, (HB 20-1330), ch. 230, p. 1118, § 1, effective September 14.

Editor's note: Section 3(2) of chapter 230 (HB 20-1330), Session Laws of Colorado 2020, provides that the act changing this section applies to acts or omissions occuring on or after January 1, 2021.

Cross references: (1) For the exclusion of children ordered to participate in a work or community service program from the definition of "public employee", see § 19-2-308 (8).

(2) For the legislative declaration contained in the 2003 act amending subsections (1) and (3)(a) and enacting subsections (2.5), (5.5), and (5.7), see section 1 of chapter 182, Session Laws of Colorado 2003.

24-10-104. Waiver of sovereign immunity.

Notwithstanding any provision of law to the contrary, the governing body of a public entity, by resolution, may waive the immunity granted in section 24-10-106 for the types of injuries described in the resolution. Any such waiver may be withdrawn by the governing body by resolution. A resolution adopted pursuant to this section shall apply only to injuries occurring subsequent to the adoption of such resolution.

Source: L. 71: p. 1205, § 1. C.R.S. 1963: § 130-11-4. L. 86: Entire section R&RE, p. 875, § 3, effective July 1.

Cross references: For authorization to procure insurance against liability, see §§ 24-10-115 and 24-14-102.

24-10-105. Prior waiver of immunity - effect - indirect claims not separate.

1. It is the intent of this article to cover all actions which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant. No public entity shall be liable for such actions except as provided in this article, and no public employee shall be liable for injuries arising out of an act or omission occurring during the performance of his or her duties and within the scope of his or her employment, unless such act or omission was willful and wanton, except as provided in this article. Nothing in this section shall be construed to allow any action which lies in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by a claimant to be brought against a public employee except in compliance with the requirements of this article.
2. 1. A reference in this article to an injury, claim, or action that "lies in tort or could lie in tort" shall be construed in all cases to include, in addition to a direct claim or action, a claim or action asserted by way of assignment or subrogation to recover from a public entity or public employee the amount paid on a damages claim or the amount that may become payable on a damages claim because of the occurrence of an injury, as defined in section 24-10-103 (2).
   2. In any case in which an assignee or subrogee asserts an injury governed by this article:
      1. The injury shall not be deemed to be separate from the injury suffered by the assignor or subrogor; and
      2. Pursuant to section 24-10-114 (1.5), the assignment or subrogation concerning the injury shall not be deemed to be a separate occurrence with regard to limitations on judgments.

Source: L. 71: p. 1206, § 1. C.R.S. 1963: § 130-11-5. L. 85, 1st Ex. Sess.: Entire section amended, p. 9, § 4, effective September 27. L. 86: Entire section amended, p. 875, § 4, effective July 1. L. 2006: Entire section amended, p. 455, § 2, effective April 18.

Cross references: For the legislative declaration contained in the 2006 act amending this section, see section 1 of chapter 132, Session Laws of Colorado 2006.

24-10-106. Immunity and partial waiver.

1. A public entity shall be immune from liability in all claims for injury which lie in tort or could lie in tort regardless of whether that may be the type of action or the form of relief chosen by the claimant except as provided otherwise in this section. Sovereign immunity is waived by a public entity in an action for injuries resulting from:
   1. The operation of a motor vehicle, owned or leased by such public entity, by a public employee while in the course of employment, except emergency vehicles operating within the provisions of section 42-4-108 (2) and (3), C.R.S.;
   2. The operation of any public hospital, correctional facility, as defined in section 17-1-102, C.R.S., or jail by such public entity;
   3. A dangerous condition of any public building;
   4. 1. A dangerous condition of a public highway, road, or street which physically interferes with the movement of traffic on the paved portion, if paved, or on the portion customarily used for travel by motor vehicles, if unpaved, of any public highway, road, street, or sidewalk within the corporate limits of any municipality, or of any highway which is a part of the federal interstate highway system or the federal primary highway system, or of any highway which is a part of the federal secondary highway system, or of any highway which is a part of the state highway system on that portion of such highway, road, street, or sidewalk which was designed and intended for public travel or parking thereon. As used in this section, the phrase "physically interferes with the movement of traffic" shall not include traffic signs, signals, or markings, or the lack thereof. Nothing in this subparagraph (I) shall preclude a particular dangerous accumulation of snow, ice, sand, or gravel from being found to constitute a dangerous condition in the surface of a public roadway when the entity fails to use existing means available to it for removal or mitigation of such accumulation and when the public entity had actual notice through the proper public official responsible for the roadway and had a reasonable time to act.
      2. A dangerous condition caused by the failure to realign a stop sign or yield sign which was turned, without authorization of the public entity, in a manner which reassigned the right-of-way upon intersecting public highways, roads, or streets, or the failure to repair a traffic control signal on which conflicting directions are displayed;
      3. A dangerous condition caused by an accumulation of snow and ice which physically interferes with public access on walks leading to a public building open for public business when a public entity fails to use existing means available to it for removal or mitigation of such accumulation and when the public entity had actual notice of such condition and a reasonable time to act.
   5. A dangerous condition of any public hospital, jail, public facility located in any park or recreation area maintained by a public entity, or public water, gas, sanitation, electrical, power, or swimming facility. Nothing in this paragraph (e) or in paragraph (d) of this subsection (1) shall be construed to prevent a public entity from asserting sovereign immunity for an injury caused by the natural condition of any unimproved property, whether or not such property is located in a park or recreation area or on a highway, road, or street right-of-way.
   6. The operation and maintenance of any public water facility, gas facility, sanitation facility, electrical facility, power facility, or swimming facility by such public entity;
   7. The operation and maintenance of a qualified state capital asset that is the subject of a leveraged leasing agreement pursuant to the provisions of part 10 of article 82 of this title;
   8. Failure to perform an education employment required background check as described in section 13-80-103.9, C.R.S.;
   9. An action brought pursuant to section 13-21-128; or
   10. [ Editor's note: Subsubsection (1)(j) is effective January 1, 2022.] An action brought pursuant to part 12 of article 20 of title 13, whether the conduct alleged occurred before, on, or after January 1, 2022.
   1. (1.5) (a) The waiver of sovereign immunity created in paragraphs (b) and (e) of subsection (1) of this section does not apply to claimants who have been convicted of a crime and incarcerated in a correctional facility or jail pursuant to such conviction, and such correctional facility or jail shall be immune from liability as set forth in subsection (1) of this section.
   2. The waiver of sovereign immunity created in paragraphs (b) and (e) of subsection (1) of this section does apply to claimants who are incarcerated but not yet convicted of the crime for which such claimants are being incarcerated if such claimants can show injury due to negligence.
   3. The waiver of sovereign immunity created in paragraph (e) of subsection (1) of this section does not apply to any backcountry landing facility located in whole or in part within any park or recreation area maintained by a public entity. For purposes of this paragraph (c), "backcountry landing facility" means any area of land or water that is unpaved, unlighted, and in a primitive condition and is used or intended for the landing and takeoff of aircraft, and includes any land or water appurtenant to such area.
2. Nothing in this section or in section 24-10-104 shall be construed to constitute a waiver of sovereign immunity where the injury arises from the act, or failure to act, of a public employee where the act is the type of act for which the public employee would be or heretofore has been personally immune from liability.
3. In addition to the immunity provided in subsection (1) of this section, a public entity shall also have the same immunity as a public employee for any act or failure to act for which a public employee would be or heretofore has been personally immune from liability.
4. No rule of law imposing absolute or strict liability shall be applied in any action against a public entity or a public employee for an injury resulting from a dangerous condition of, or the operation and maintenance of, a public water facility or public sanitation facility. No liability shall be imposed in any such action unless negligence is proven.
5. The immunity from liability granted in subsection (1) of this section shall not apply to the university of Colorado hospital authority except for any hospital, clinic, surgery center, department, or other facility owned or operated by the authority that is located on the Anschutz medical campus or that is a facility operating under the hospital license issued to the university hospital pursuant to part 1 of article 3 of title 25, including off-campus locations. The "Health Care Availability Act", article 64 of title 13, is applicable to health care institutions as defined in section 13-64-202 (3) that are not immune from liability under this section because of this section.
6. Notwithstanding any other provision of law, nothing in subsections (4) or (5) of this section shall be construed to grant any additional immunity from liability beyond that which is otherwise provided in this article 10.

Source: L. 71: p. 1206, § 1. C.R.S. 1963: § 130-11-6. L. 79: (1)(b) amended, p. 702, § 76, effective June 21. L. 86: IP(1), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended and (3) added, p. 875, § 5, effective July 1. L. 87: (4) added, p. 931, § 1, effective May 13. L. 92: (1)(d) amended, p. 1116, § 2, effective July 1. L. 94: (1.5) added, p. 2087, § 1, effective July 1; (1)(a) amended, p. 2556, § 53, effective January 1, 1995. L. 2002: (1.5)(c) added, p. 63, § 1, effective March 22. L. 2004: (1)(g) added, p. 1056, § 1, effective May 21. L. 2008: (1)(h) added, p. 2226, § 4, effective June 5. L. 2015: (1)(i) added, (HB 15-1290), ch. 212, p. 776, § 3, effective May 20, 2016. L. 2020: (5) and (6) added, (HB 20-1330), ch. 230, p. 1119, § 2, effective September 14. L. 2021: (1)(i) amended and (1)(j) added, (SB 21-088), ch. 442, p. 2927, § 3, effective January 1, 2022.

Editor's note: Section 3(2) of chapter 230 (HB 20-1330), Session Laws of Colorado 2020, provides that the act changing this section applies to acts or omissions occuring on or after January 1, 2021.

Cross references: For the legislative declaration in SB 21-088, see section 1 of chapter 442, Session Laws of Colorado 2021.