State History, Archives, and Emblems

C.R.S. tit. 24, art. 80
in effect

C.R.S. § 24-80-101 Definitions

24-80-101. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Governmental agency" means any state agency and any office, department, division, board, bureau, commission, institution, or agency of any county, city, city and county, special district or other district in the state, or any legal subdivision thereof. (2) "Records" means all books, papers, maps, photographs, audio recordings, visual recordings, audio-visual recordings, or other documentary materials, regardless of format, made or received by any governmental agency in pursuance of law or in connection with the transaction of public business and preserved or appropriate for preservation by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the value of the official governmental data contained therein. As used in this part 1, the following are excluded from the definition of records: (a) Materials that are not made or received by any governmental agency in pursuance of law or in connection with the transaction of public business but that are preserved or appropriate for preservation because of the value of the data contained therein or because of the historical value of the materials themselves; (b) Library books, pamphlets, newspapers, or museum material made, acquired, or preserved for reference, historical, or exhibition purposes; (c) Private papers, manuscripts, letters, diaries, pictures, biographies, books, and maps, including materials and collections previously owned by persons who are not associated with a governmental agency and that are transferred by the previous owners to the state historical society; (d) Extra copies of publications or duplicated documents preserved for convenience of reference; (e) Stocks of publications; and (f) Electronic mail messages, regardless of whether such messages are produced or stored using state-owned equipment or software, unless the recipient has previously segregated and stored such messages as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the government or because of the value of the official governmental data contained therein. (3) "State agency" means any department, division, board, bureau, commission, institution, or agency of the state. (4) "State archivist" means the head of state archives and records appointed by the executive director of the department of personnel.

C.R.S. § 24-80-102 State archives and records - personnel - duties - cash fund - rules - definition

24-80-102. State archives and records - personnel - duties - cash fund - rules - definition. (1) The department of personnel shall succeed to all records of governmental agencies, including any state agency and any office, department, division, board, bureau, commission, institution, or agency of any county, city, city and county, special district or other district in the state, or any legal subdivision thereof. Except as provided in subsection (6) of this section, the department of personnel shall be the official custodian and trustee for the state of all records of whatever kind that are transferred to it under this part 1 from any governmental agency, including any state agency and any office, department, division, board, bureau, commission, institution, or agency of any county, city, city and county, special district or other district in the state, or any legal subdivision thereof. (1.5) The state archives, created in the department of personnel, consists of a permanent records program and a records center as follows: (a) The permanent records program consists of records that have been transferred to the department of personnel pursuant to this part 1 and that the department will permanently keep and maintain due to the legal, historical, or administrative value or significance of the record. Records that are in the permanent records program in the state archives shall be accessible to the public, subject to the requirements of this section, but shall not be removed from the archives. The department of personnel is the custodian of any records in the permanent records program. (b) The records center consists of records that have been transferred, with the approval of the state archivist, to the department of personnel pursuant to this part 1 for storage until the final disposition of such records has been met. The state archivist may determine whether to accept any records from a governmental agency pursuant to this paragraph (b), and the state archivist's acceptance of any such records shall be pursuant to a written agreement between the state archivist and the governmental agency from which the records originated. The governmental agency from which the records originated shall remain the custodian of any records transferred to the records center pursuant to this paragraph (b). The state archivist may establish fees, to be paid by governmental agencies that transfer records to the records center, as necessary, to pay for the direct and indirect costs of storing such records. The state archivist shall transmit all fees collected to the state treasurer, who shall credit the same to the state archives and records cash fund, created in subsection (10) of this section. (2) (Deleted by amendment, L. 2016.) (3) The state archivist is responsible for the proper administration of records under this part 1. The state archivist shall determine and direct the administrative and technical procedures concerning state archives and records. The state archivist shall periodically study the problems of preservation and disposition of records, including digital records, and based on such study shall formulate and put into effect a program for records conservation by the state of Colorado or political subdivisions thereof. (4) To effectuate the purposes of this part 1, the governor may direct any political subdivision of the state to designate a records administrator to cooperate with and assist and advise the state archivist in the performance of the duties and functions concerning state archives and records and to provide such other assistance and data as will enable the department of personnel to properly carry out its activities and effectuate the purposes of this part 1. (5) (Deleted by amendment, L. 2016.) the state to designate a records administrator to cooperate with and assist and advise the state archivist in the performance of the duties and functions concerning state archives and records and to provide such other assistance and data as will enable the department of personnel to properly carry out its activities and effectuate the purposes of this part 1. (5) (Deleted by amendment, L. 2016.) (6) The general public and governmental agencies shall have the right of reasonable access to all records in the custody of the state archivist for purposes of historical reference, research, and information. The state historical society shall have the privilege of museum display of original historical records or facsimiles thereof, subject to the provisions of section 24-80-106. Copies of records having historical, library, or museum interest or value shall be furnished to the state historical society by the state archivist upon request of the society in accordance with the provisions of sections 24-80-103 and 24-80-107. (7) (Deleted by amendment, L. 2016.) (8) Repealed. (9) Publications of the department concerning state archives and records circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136. (10) (a) Except as set forth in paragraph (b) of this subsection (10), the state archivist shall establish any fees as are necessary to pay for the direct and indirect costs of responding to requests for information and research from governmental agencies and the general public. The state archivist shall transmit all fees collected to the state treasurer, who shall credit the same to the state archives and records cash fund, which fund is hereby created. The moneys in the fund are subject to annual appropriation by the general assembly for the direct and indirect costs of responding to requests for information and research from governmental agencies and the general public and for the direct and indirect costs of storing records in the records center. All interest derived from the deposit and investment of moneys in the fund is credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or any other fund. (b) (I) The department of personnel shall not charge any fees for responding to a request for information or research from a member of the general assembly or his or her agent or anyone from a legislative service agency if the request: (A) Relates to an audio recording of a legislative proceeding or any document provided to the department of personnel by the legislative branch of the state; and (B) Is made in the performance of the requester's official duties. (II) As used in this paragraph (b), "legislative service agency" means the office of legislative legal services, legislative council staff, office of the state auditor, or staff of the joint budget committee. (c) Notwithstanding subsection (10)(a) of this section, on July 1, 2020, the state treasurer shall transfer one hundred thirty thousand dollars from the state archives and records cash fund to the general fund. (11) The state archivist is a type 2 entity, as defined in section 24-1-105, and exercises the archivist's powers and performs the archivist's duties and functions concerning state archives and records under the department of personnel. (12) The state archivist may promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title, as necessary to implement this part 1. Such rules may include, but need not be limited to: (a) Criteria and guidelines for determining whether a record is subject to the requirements of this part 1; (b) Administrative and technical procedures for records maintenance and management; (c) Procedures for the preservation, protection, transfer, and disposal of records; and , article 4 of this title, as necessary to implement this part 1. Such rules may include, but need not be limited to: (a) Criteria and guidelines for determining whether a record is subject to the requirements of this part 1; (b) Administrative and technical procedures for records maintenance and management; (c) Procedures for the preservation, protection, transfer, and disposal of records; and (d) Procedures for the general public and governmental agencies to access records.

C.R.S. § 24-80-102.5 Custody of state property

24-80-102.5. Custody of state property. The department of personnel shall have the charge, care, and custody of the property of the state when no other provision is made; except that, if the department of personnel determines that any property of the state for which no provision is made is not a record, the department is not obligated to have the charge, care, or custody of the property.

C.R.S. § 24-80-102.7 Records management programs - records liaison officers

24-80-102.7. Records management programs - records liaison officers. (1) (Deleted by amendment, L. 2016.) (2) Each state agency shall: (a) Establish and maintain a records management program for the state agency and document the policies and procedures of such program. The state agency shall ensure that such program satisfies the administrative and technical procedures for records maintenance and management established by the state archivist pursuant to section 24-80-102 (12). (b) Designate a records liaison officer or officers from the state agency's existing personnel to cooperate with and assist and advise the state archivist in the performance of the duties and functions concerning state archives and records and to provide such other assistance and data that will enable the department of personnel to properly carry out its activities and implement the purposes of this part 1. The duties of a records liaison officer shall include the following: (I) Reviewing the policies and procedures of the state agency's records management program created pursuant to this section to ensure that such program efficiently manages the state agency's records and complies with all state and federal law; (II) Establishing an inventory of the state agency's records; (III) Establishing retention and disposition schedules for the state agency's records that are consistent with this part 1 and the administrative and technical procedures established by the state archivist; (IV) Providing information about the storage of the state agency's records to the state archivist, including the number of records stored, the amount of storage space used, and the cost of such storage; and (V) Ensuring adequate security, public access, and proper storage of the state agency's records. (c) Notify the state archivist of the appointment of the records liaison officer or officers. Any subsequent change in the designation of a records liaison officer shall be reported in writing to the state archivist within thirty days. (3) Repealed.

C.R.S. § 24-80-103 Determination of value - disposition

24-80-103. Determination of value - disposition. (1) (a) Every public officer of a state agency who has records in his or her custody shall consult with the department of personnel and such officers shall determine whether the records in question are of legal, administrative, or historical value. (b) Every public officer of a political subdivision who has records in his or her custody shall consult periodically with the department of personnel and such officers shall determine whether the records in question are of legal, administrative, or historical value. (2) Those records unanimously determined to be of no legal, administrative, or historical value shall be disposed of by such method as such officers may specify. A list of all records so disposed of, together with a statement certifying compliance with this part 1, signed by the officers, shall be filed and preserved in the office from which the records were drawn and in the files of the department of personnel. Records in the custody of the state archivist may be disposed of upon a similar determination by the state archivist and the head of the governmental agency from which the records were received, or its legal successor.

C.R.S. § 24-80-104 Transfer of records to archives

24-80-104. Transfer of records to archives. Records deemed by the public officer having custody thereof to be unnecessary for the transaction of the business of his or her office and yet deemed by the state archivist to be of legal, administrative, or historical value shall be transferred to the custody of the department of personnel or a storage vendor approved by the state archivist in accordance with the rules promulgated by the department of personnel pursuant to section 24-80-102 (12), and the state agency's records management program. A list of all records so transferred, together with a statement certifying compliance with this part 1, signed by the public officer, shall be preserved in the files of the office from which the records were drawn and in the files of the department of personnel.

C.R.S. § 24-80-105 Disposal of records

24-80-105. Disposal of records. All records of any governmental agency, upon the termination of the existence and functions of that agency, shall be reviewed by the state archivist and either disposed of or transferred to the custody of the department of personnel, in accordance with the procedure specified in this part 1 and the rules promulgated by the department of personnel pursuant to section 24-80-102 (12). When a governmental agency is terminated or reduced by the transfer of its powers and duties to another governmental agency, its appropriate records shall pass with the powers and duties so transferred.

C.R.S. § 24-80-106 Protection of records

24-80-106. Protection of records. The department of personnel and every other custodian of records shall carefully protect and preserve them from deterioration, mutilation, loss, or destruction and, whenever advisable, shall cause them to be properly repaired and renovated. All paper, ink, and other materials used in public offices for the purpose of records shall be of durable quality.

C.R.S. § 24-80-107 Reproduction on film - evidence - digital scans

24-80-107. Reproduction on film - evidence - digital scans. (1) Any officer of a governmental agency may cause any records, papers, or documents in his or her custody to be photographed, microphotographed, reproduced on film, or digitally scanned. Such reproduction shall comply with the minimum standards of quality approved for permanent records by the department of personnel, and the device used to reproduce such records shall be one which accurately reproduces the original thereof in all details. A reproduction is deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies as long as the public officer with custody of the record complied with the quality standards set by the department of personnel. A transcript, exemplification, or certified copy thereof, for all purposes recited in this section, shall be deemed to be a transcript, exemplification, or certified copy of the original. (2) (a) If a public officer intends to destroy or dispose of original records that are determined to be of legal, administrative, or historical value, the public officer shall: (I) Ensure that the records are photographed, microphotographed, reproduced on photographic film, or digitally scanned, in accordance with quality control standards set by the department of personnel; (II) Properly certify that the photographed, microphotographed, film, or digitally scanned reproductions of the records are true copies of the original records; (III) Ensure that the certified copies of the records are placed in conveniently accessible files in an approved file format for long-term preservation and access as determined by the department of personnel; and (IV) Make provisions for preserving, examining, and using the certified copies of the records. (b) After the public officer has satisfied the requirements of subsection (2)(a) of this section, the public officer may cause the original records from which the photographs, microphotographs, film, or digitally scanned reproductions have been made to be destroyed or disposed of according to methods specified in sections 24-80-103 to 24-80-106 and the rules promulgated by the department of personnel pursuant to section 24-80-102 (12). (c) Copies of records that are certified pursuant to subsection (2)(a) of this section shall have the same force and effect as the original records. Copies of records transferred from the office of their origin to the department of personnel, when certified by the state archivist, shall have the same legal force and effect as if certified by the original custodian of the records.

C.R.S. § 24-80-108 Access to records

24-80-108. Access to records. The state archivist shall have the right of reasonable access to all nonconfidential records created by a governmental agency because of the historical and research value of data contained therein, with a view to securing their safety and determining their need for preservation or disposal.

C.R.S. § 24-80-109 Records may be replevined

24-80-109. Records may be replevined. On behalf of the state and the department of personnel, the attorney general may replevin any records which were formerly part of the records or files of any public office of the territory or state of Colorado.

C.R.S. § 24-80-110 Disagreement as to value of records

24-80-110. Disagreement as to value of records. (1) If the state archivist determines that any records in the custody of a public officer of a state agency, including the executive director of the department of personnel, are of no legal, administrative, or, subject to section 24-80-211 (1)(b), historical value, but the public officer having custody of said records or from whose office records originated fails to agree with such determination or refuses to dispose of said records, the state archivist may request the governor to make his or her determination as to whether said records should be disposed of in the interests of conservation of space, economy, or safety. This subsection (1) shall not apply to records in the custody of a public officer of any county, city, municipality, district, or political subdivision thereof. (2) If the state archivist determines that any records in the custody of a public officer of a state agency, including the executive director of the department of personnel, are of legal, administrative, or, subject to section 24-80-211 (1)(b), historical value, but the public officer having custody of said records or from whose state agency records originated fails to agree with such determination and wants to proceed with the disposal of such records, the state archivist may request the governor to make his or her determination as to whether said records should be transferred to the state archives. This subsection (2) shall not apply to records in the custody of a public officer of any county, city, municipality, district, or political subdivision thereof.

C.R.S. § 24-80-113 State archives - available storage space - report

24-80-113. State archives - available storage space - report. (1) The state archivist shall be responsible for reviewing and assessing the use and amount of space available for records storage in state archives and records every three years. (2) (a) Repealed. (b) The report shall include, but shall not be limited to, the following: (I) An overall assessment of the amount of space available for records storage in the state archives; (II) The approximate number of records or boxes of records that the state archives received for storage from the executive, judicial, and legislative branches of the state government over the past three years; (III) The approximate number of records or boxes of records that the state archivist converted from paper to microfilm or digital format over the past three years, the amount of space conserved in the archives through such conversions, the approximate number or percentage of records that the state archivist received for storage over the past three years that were already on microfilm or in digital format, and the amount of space saved due to receiving records in such format; (IV) The approximate number of records or boxes of records that were transferred to the Colorado historical society or other state designated records collection facilities and the amount of storage space in the state archives that such transfers made available; and (V) Any other information that the executive director, the director's designee, or the committee deems necessary or relevant.

C.R.S. § 24-80-114 Legislative digital policy advisory committee - report - definitions - repeal

24-80-114. Legislative digital policy advisory committee - report - definitions - repeal. (Repealed)

C.R.S. § 24-80-115 State archivist - review of best practices - records advisory board

24-80-115. State archivist - review of best practices - records advisory board. (1) The state archivist may convene a records advisory board, consisting of representatives from governmental agencies that have an interest in the preservation of records. If the state archivist convenes the board, the state archivist shall ensure that technical experts from the following governmental agencies and nonprofit entities have an opportunity to participate in the work of the board: (a) Executive branch agencies under the governor's purview; (b) The office of the attorney general; (c) The office of the secretary of state; (d) The general assembly; (e) The judicial branch; (f) A nonprofit organization that represents counties and a nonprofit organization that represents county clerks; (g) A nonprofit organization that represents municipalities and a nonprofit organization that represents municipal clerks; and (h) A nonprofit organization that represents special districts. (2) Each governmental agency and nonprofit entity that is asked to participate in the records advisory board pursuant to subsection (1) of this section shall designate the appropriate person from the agency or entity to participate in the work of the board. (3) If the state archivist convenes a records advisory board, the board shall have the following goals: (a) Identify, research, and prioritize records management, preservation, and access problems; (b) Assist in the development of records management policies and procedures; (c) Collect and share accepted preservation and archival best practices; (d) Assist in the appraisal of records for historical value; (e) Review records retention schedules; and (f) Study and develop standards and management programs to address the creation, maintenance, archiving, and access of permanent digital records.

C.R.S. § 24-80-116 Display of original state constitution in state capitol - online display of state constitution - educational opportunities

24-80-116. Display of original state constitution in state capitol - online display of state constitution - educational opportunities. (1) On or before February 28, 2023, the state archivist shall submit a proposal to the state capitol building advisory committee for the creation of a permanent public display of the original draft of the Colorado constitution inside the state capitol building. The proposal shall include suggestions for how and where the original draft of the Colorado constitution should be displayed and stored and a proposal for the original draft of the Colorado constitution to be displayed in government buildings other than the state capitol building. History Colorado shall advise and consult with the state archivist regarding the creation on an appropriate display that will safeguard the original draft of the Colorado constitution. The state capitol building advisory committee shall evaluate the proposal and consider whether to approve the proposal in accordance with the criteria and procedures for placing other displays within the state capitol building pursuant to section 24-82-108 (3)(h). The state capitol building advisory committee shall also evaluate the proposal in accordance with best practices for displaying historic documents in a manner that safeguards the documents against deterioration. The display may include other objects and educational materials related to the adoption and history of the Colorado constitution. The state archivist shall collaborate with history Colorado to ensure adherence to the best practices when presenting the Colorado constitution in the existing environmental conditions of the state capitol and government buildings other than the state capitol building. (2) The state archivist, in partnership with history Colorado, shall create an online exhibition of the Colorado constitution, including all amendments thereto currently in effect. The exhibition shall include aspects of educational opportunities and history and shall ensure that the electronic copy of each version of the Colorado constitution created pursuant to this section is available to the public in a searchable format through the website of the office of the state archives and history Colorado. The state archivist may contract with an online exhibit design company to determine the best practices when presenting the Colorado constitution in an educational format that is easily accessible and user-friendly for the general population of the state. The exhibit design company may coordinate as necessary with the state archivist, history Colorado, the office of legislative legal services, the secretary of state's office, and other relevant government agencies in the creation of the online exhibition. (3) The state archivist, in partnership with history Colorado, shall create opportunities to provide updated physical copies of the constitution or other educational opportunities related to the updated physical copy of the Colorado constitution within state offices. The state archivist and history Colorado shall ensure that the constitution will be easily accessible and user-friendly for the general population of the state. (4) The state archives: (a) Remains the legal custodian of the original draft of the Colorado constitution and is responsible for the continuing protection and preservation of the original draft in accordance with section 24-80-106; (b) May allow the original draft of the Colorado constitution to be removed periodically from the display for restoration purposes or to make it available for occasional temporary museum or other appropriate secure displays; and original draft of the Colorado constitution and is responsible for the continuing protection and preservation of the original draft in accordance with section 24-80-106; (b) May allow the original draft of the Colorado constitution to be removed periodically from the display for restoration purposes or to make it available for occasional temporary museum or other appropriate secure displays; and (c) May solicit, accept, and expend any bequests, gifts, grants, or donations of any kind from any private source for the purpose of implementing this section. No appropriation shall be made out of the general fund or any cash fund for expenditures incurred by department of personnel or any other department or agency to carry out the provisions of this section.

C.R.S. § 24-80-201 Society an educational institution

24-80-201. Society an educational institution. The state historical society, an incorporated organization, is one of the educational institutions of the state of Colorado. The state historical society is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of higher education.

C.R.S. § 24-80-201.5 State historical society - board - appointment - powers and duties

24-80-201.5. State historical society - board - appointment - powers and duties. (1) Effective October 1, 2018, the board of directors of the state historical society, referred to in this part 2 as the "board" or "board of directors", consists of thirteen members appointed pursuant to subsection (2) of this section. (2) (a) The governor shall appoint, with the consent of the senate, thirteen members of the board. If there is a vacancy of a member appointed pursuant to this subsection (2)(a), the governor shall appoint a new member of the board for the remainder of the unexpired term. (b) The terms of the members of the board are three years; except that the terms shall be staggered so that no more than five members' terms expire in the same year. (c) In appointing the thirteen members of the board, the governor shall ensure that collectively the members possess the skills in state financial, legal, and regulatory expertise as required to oversee the state historical society and shall consider both geographic and cultural diversity of the thirteen members. No more than seven members appointed by the governor shall be affiliated with one political party or unaffiliated persons. (d) Members appointed to the board have the authority to act on behalf of the board prior to obtaining confirmation by the senate. (3) The board appointed pursuant to this section constitutes the governing authority of the state historical society and shall exercise all of the powers, duties and functions of the board and the historical society, including those set forth in this part 2 or otherwise provided by law. (4) and (5) Repealed.

C.R.S. § 24-80-201.7 Directors council - creation - election - duties

24-80-201.7. Directors council - creation - election - duties. (1) The board may establish a directors council of the state historical society, referred to in this part 2 as the "directors council". If established, the directors council shall provide advice, counsel, and expertise to the board of directors concerning the state historical society's operations and accomplishing its mission and objectives. Members of the directors council are elected by the members of the state historical society pursuant to nomination procedures adopted by the board. (2) The board shall adopt bylaws for the directors council. The bylaws must include: (a) The number of members of the directors council; (b) The terms of office for members of the directors council; and (c) Procedures when there is a vacancy on the directors council. (3) Repealed.

C.R.S. § 24-80-202 Trustee for state - exchange duplicates - lending materials

24-80-202. Trustee for state - exchange duplicates - lending materials. (1) Except as otherwise provided in part 1 of this article, the society shall be the trustee of the state and as such shall faithfully expend and apply all money received from the state to the uses and purposes directed by law, and shall hold its present and future collections and property for the state, and shall not sell, mortgage, transfer, or dispose of in any manner or remove from the Colorado state museum any article thereof, or part of the same, without authority of law. (2) Nothing in this section shall be construed to prevent the sale, exchange, or other disposition of materials held by the society that are determined by the president and board of directors of the society to be duplicates of other items held by the society, redundant examples of items of similar type held by the society, items that are beyond the scope of the society's mission statement or collections policy, or items that are lacking in usefulness or historical value. (3) Nothing in this section shall be construed to prevent the loan for reasonable periods of time of materials or exhibits to responsible borrowers under adequate safeguards, or the transfer to other educational institutions of the state of property not deemed applicable to the purposes of the society. (4) Revenue generated by the sale of such properties shall be held and disbursed pursuant to section 24-80-209.

C.R.S. § 24-80-202.5 Funding recommendations

24-80-202.5. Funding recommendations. The president of the society shall make funding recommendations to the governor and the general assembly for the operation of the state historical society. The general assembly shall make annual appropriations, in such form as the general assembly shall determine appropriate, for the operation of the state historical society.

C.R.S. § 24-80-203 Publications

24-80-203. Publications. (1) Repealed. (2) Publications of the society circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.

C.R.S. § 24-80-204 Employees

24-80-204. Employees. The board of directors of the society shall appoint its employees and fix their salaries, subject to the provisions and exemptions of section 13 of article XII of the state constitution; but for the purposes of this part 2, all officers, curators, assistant curators, and teachers of the society, so designated by the board of directors, are hereby declared, as a matter of legislative determination, to be officers and teachers in an educational institution and therefore not under the state personnel system.

C.R.S. § 24-80-205 Disposition of duplicate specimens - loans authorized

24-80-205. Disposition of duplicate specimens - loans authorized. (1) Whenever the state historical society possesses natural history books, specimens, and documents which are duplicates of or similar to others possessed by the society or which are considered useless by the board of directors for the history of the state or more useful for exchange, the society is authorized to return such books or the material to the donors, to government departments, or to state institutions, to loan or deposit with its branch societies or exchange for other similar material, or otherwise to dispose of the same as provided by law. (2) The state historical society is authorized to loan, for reasonable periods of time, materials and exhibits possessed by the society to responsible borrowers under adequate safeguards.

C.R.S. § 24-80-206 Society to accept gifts

24-80-206. Society to accept gifts. The state historical society is hereby authorized to accept and receive gifts and donations to carry out and promote the objects and purposes of the society.

C.R.S. § 24-80-207 Purpose of donations

24-80-207. Purpose of donations. Donations of moneys, securities, or other property may be made to and for the sole use of any one or more of the departments or bureaus of the society, and donations so made shall be kept in a separate fund for the use of such department.

C.R.S. § 24-80-208 Donations providing conditions on use

24-80-208. Donations providing conditions on use. Donations made with the provision that the interest or income only therefrom shall be used by the society, if accepted, shall be received by the society, and the intent of the donor with reference to the same shall be observed and carried out, and the principal of said gift, if money, and such other funds as are available shall be invested by the state treasurer as state custodian of those funds, and the interest or income therefrom shall be available for the society for the purposes given.

C.R.S. § 24-80-209 Title to property - disbursement of revenues - enterprise services cash fund - community museums cash fund - definition

24-80-209. Title to property - disbursement of revenues - enterprise services cash fund - community museums cash fund - definition. (1) The title to all property acquired by the society by gift, purchase, or otherwise shall absolutely vest in and belong to the state of Colorado when accepted or received by the society. (2) All noncustodial revenues received by the society other than limited gaming revenues deposited in the state historical fund pursuant to section 44-30-1201, and revenues deposited in the community museums cash fund pursuant to subsection (3) of this section, whether from commissions, sale of goods and services, admissions, membership and user charges, service fees, operation or rental of concessions or facilities, or from any other state source shall be deposited in the enterprise services cash fund, which fund is hereby created in the state treasury. Money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of carrying out the activities of the society. The state treasurer shall credit all interest derived from the deposit and investment of money in the fund to the fund. Any money not appropriated remains in the fund and shall not be transferred or revert to the general fund or any other fund at the end of any fiscal year. Money in the enterprise services cash fund and any other historical society custodial accounts shall be held by the state treasurer as custodian separate and apart from other funds and may be withdrawn from the treasurer's custody for the purposes and under the control of the society, only upon the issuance of vouchers signed by the president or vice-president and treasurer or secretary of the society and upon warrants drawn against the funds by the controller. (3) All noncustodial revenues received by the society that were earned by a community museum, whether from commissions, sale of goods and services, admissions, membership and user charges, service fees, operation or rental of concessions or facilities, or from any other state source shall be deposited in the community museums cash fund, which fund is hereby created in the state treasury. Moneys in the fund are subject to annual appropriation by the general assembly for the direct and indirect costs of carrying out the activities of the community museums. The state treasurer shall credit all interest derived from the deposit and investment of moneys in the fund to the fund. Any moneys not appropriated remain in the fund and shall not be transferred or revert to the general fund or any other fund at the end of any fiscal year. Moneys in the community museums cash fund shall be held by the state treasurer as custodian separate and apart from other funds and may be withdrawn from the treasurer's custody for the purposes and under the control of the society, only upon the issuance of vouchers signed by the president or vice-president and treasurer or secretary of the society and upon warrants drawn against such funds by the controller. For purposes of this section, "community museum" means any real property other than the state museum located at 1200 Broadway in Denver that is owned and operated by the historical society and that is open for public admission or events.

C.R.S. § 24-80-210 Collections classed and catalogued

24-80-210. Collections classed and catalogued. Collections of a scientific or historical nature shall be properly classed and catalogued and shall be at all reasonable hours open for public inspection and examination but under such rules and regulations as shall be prescribed or adopted by said society.

C.R.S. § 24-80-211 Society and division - duties - repeal

24-80-211. Society and division - duties - repeal. (1) The state historical society shall continue as an educational institution of the state, considered as a division of the department of higher education for the purpose of determining the order of its appropriation; except that: (a) (Deleted by amendment, L. 96, p. 1531, § 93, effective June 1, 1996.) (b) The executive director of the department of personnel shall consult with the state historical society with respect to the proposed destruction under part 1 of this article of any documentary, library, or museum materials, whether or not defined in section 24-80-101 as records, and shall not consent to the destruction of any such materials determined by the state historical society to be of historical value; and (c) The installation of any museum display or exhibition of historical materials in the department of personnel shall be with the guidance and counsel of the state historical society. (2) (a) Subject to available money, the state historical society shall conduct historical research as described in part 23 of article 2 of title 2. (b) This subsection (2) is repealed, effective July 1, 2025; except that, if the revisor of statutes receives notice pursuant to section 2-2-2309 (1), then this subsection (2) is repealed, effective four years after the date of the notice to the revisor of statutes.

C.R.S. § 24-80-212 Transfer of mineral exhibits and documents

24-80-212. Transfer of mineral exhibits and documents. On July 1, 1959, there shall be transferred from the bureau of mines of the state of Colorado to the state historical society that certain mineral exhibit presently maintained by the bureau of mines in the Colorado state museum building, together with all mineral and other collections, specimens, exhibits, displays, records, documents, cases, and other materials pertaining to said exhibits and all collections and exhibits subordinate thereto. The said exhibit shall be and remain from the date of such transfer part of the general collections of the state historical society as described in this part 2, subject to the obligations and powers of the state historical society as set forth in this part 2. That portion of the Colorado state museum building now occupied by the said exhibit shall be transferred on July 1, 1959, to the occupancy and control of the state historical society.

C.R.S. § 24-80-213 Assistance from educational institutions

24-80-213. Assistance from educational institutions. At the request of the state historical society, officials of the bureau of mines of the state of Colorado, the Colorado school of mines, the university of Colorado, and other state educational institutions shall consult with the state historical society and shall assist and advise the society concerning the technical aspects, maintenance, display, and utilization of any part or all of the mineral exhibit described in section 24-80-212.

C.R.S. § 24-80-214 State museum cash fund - repeal

24-80-214. State museum cash fund - repeal. (1) There is hereby created in the state treasury the state museum cash fund, referred to in this section as the "cash fund". The cash fund consists of all money transferred to the cash fund from the state historical fund pursuant to section 44-30-1201 (5); money transferred from the justice center cash fund pursuant to section 13-32-101 (7)(b)(II), as said subsection existed prior to its repeal in 2015; and any other money appropriated to the cash fund by the general assembly. (2) (a) Money in the cash fund shall be subject to annual appropriation by the general assembly to the state historical society to pay for the planning, design, acquisition, and construction of and relocation to a new state museum, exhibits for the museum, and for exhibit planning, development, and build-out at other facilities owned and operated by the historical society. (b) In addition to the purposes for which the state historical society may use money in the cash fund pursuant to subsection (2)(a) of this section, in the 2024-25 state fiscal year, the state historical society may use up to one million six hundred thousand dollars of money in the cash fund to provide a zero interest loan to the department of revenue to facilitate the department of revenue's co-location and consolidation to the Auraria higher education center. The department of revenue shall repay any loan made by the state historical society pursuant to this subsection (2)(b) in an amount equal to at least four hundred thousand dollars per year until the loan is repaid in full and shall complete the loan repayments by June 30, 2029. (3) (a) Except as otherwise provided in subsection (3)(b) of this section, the state historical society shall retain three million dollars and compounding interest earned on this amount beginning July 1, 2015, in the cash fund as a controlled maintenance reserve for the new state museum. The controlled maintenance reserve is available for appropriation for controlled maintenance at the museum beginning in the 2027-28 state fiscal year. (b) (I) Beginning July 1, 2027, and continuing through June 30, 2029, the state historical society may reduce the minimum cash fund balance required pursuant to subsection (3)(a) of this section by the amount of the loan the state historical society has made to the department of revenue pursuant to subsection (2)(b) of this section. (II) This subsection (3)(b) is repealed, effective July 1, 2029. (4) Appropriations from the cash fund remain available to the state historical society for a period of four years. (5) The state treasurer shall invest any money in the cash fund not expended for the purpose of this section as provided by law. All interest and income derived from the investment and deposit of money in the cash fund is credited to the cash fund. (6) Any unexpended and unencumbered money remaining in the cash fund at the end of a fiscal year remains in the cash fund and is not credited or transferred to the general fund or another fund.

C.R.S. § 24-80-215 America 250 - Colorado 150 commission - creation - powers and duties - report - cash fund - definitions - repeal

24-80-215. America 250 - Colorado 150 commission - creation - powers and duties - report - cash fund - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires: (a) "Commission" means the America 250 - Colorado 150 commission created in this section. (b) "Executive director" means the executive director of history Colorado. (b.5) "Fund" means the America 250 - Colorado cash fund created in subsection (8.5) of this section. (c) "History Colorado" means the state historical society established in section 24-80-201. (2) Commission created. The America 250 - Colorado 150 commission is created in history Colorado to develop programs and plan for the official observance across Colorado of the semiquincentennial anniversary of the founding of the United States, as marked by the Declaration of Independence in 1776, and the sesquicentennial anniversary of Colorado statehood. (3) Membership and appointments. (a) The commission consists of twenty-one voting members as follows: (I) The executive director or the executive director's designee; (II) A representative of the Ute Mountain Ute Tribe, designated by the Ute Mountain Ute tribal council; (III) A representative of the Southern Ute Indian Tribe, designated by the Southern Ute tribal council; (IV) The director of the Colorado tourism office created in section 24-49.7-103 or the director's designee; (V) The commissioner of education or the commissioner's designee; and (VI) Sixteen members appointed by the governor, as follows: (A) One member representing the Colorado philanthropic community; (B) One member representing the Colorado business community; (C) One member from a local historical society or museum; (D) One member with experience in the study and documentation of the history of Black communities in Colorado; (E) One member with experience in the study and documentation of the history of Latino communities in Colorado; (F) One member with experience in the study and documentation of the history of Asian American communities in Colorado; (G) Two members who are Colorado residents representing Indigenous communities, as defined in section 24-33.5-2601 (2), and who are members of a federally recognized tribe with historic ties to Colorado that is not the Ute Mountain Ute Tribe or the Southern Ute Indian Tribe; (H) One member representing military and veterans affairs; (I) One member who is an expert in disability history or is working for a disability rights organization; (J) Two at-large members; and (K) Four members determined by the governor, in the governor's discretion, to enhance and expand the expertise of the commission with regards to its duties as set forth in subsection (4) of this section. (b) The governor shall make appointments to the commission as set forth in subsections (3)(a)(VI)(A) to (3)(a)(VI)(F) of this section on or before September 1, 2022. The governor shall make appointments to the commission as set forth in subsection (3)(a)(VI)(K) of this section on or before October 1, 2023. The governor shall make appointments to the commission as set forth in subsections (3)(a)(VI)(G) to (3)(a)(VI)(J) of this section not later than thirty days after the effective date of Senate Bill 24-170, enacted in 2024. In making appointments, the governor shall attempt to ensure that the members represent the geographic diversity of the state. (c) Each appointed member of the commission serves at the pleasure of the governor. The term of appointment is for the duration of the commission's existence. In the event of a vacancy, the governor shall appoint a new member for the remainder of the term. An appointment to fill a vacancy is subject to the requirements set forth for the vacant position in this subsection (3). ersity of the state. (c) Each appointed member of the commission serves at the pleasure of the governor. The term of appointment is for the duration of the commission's existence. In the event of a vacancy, the governor shall appoint a new member for the remainder of the term. An appointment to fill a vacancy is subject to the requirements set forth for the vacant position in this subsection (3). (d) The commission shall choose officers from among its members, including two co-chairs. One co-chair shall lead efforts related to the semiquincentennial activities in the state, and one co-chair shall lead efforts related to the sesquicentennial activities in the state. (e) Members of the commission serve without compensation; except that each member who is not an employee of the state is entitled to reimbursement for actual and necessary expenses incurred in the discharge of the member's official duties. (f) Members of the commission may participate remotely in commission meetings and other activities, including by telephone or video conference. Remote participation in commission meetings shall be noted in the meeting minutes. (4) Powers and duties. (a) The commission shall: (I) Develop and promote plans for statewide recognition of the two hundred fiftieth anniversary of the founding of the United States and the one hundred fiftieth anniversary of Colorado statehood between July 1, 2025, and December 31, 2026, including but not limited to: (A) Historical activities; (B) The creation and publication of historical documents; (C) Cooperation with agencies responsible for the preservation or restoration of historic sites, buildings, art, and artifacts; (D) Educational opportunities for Colorado youth to understand their historic roots in the United States and Colorado; (E) The promotion of scholarship and research that illuminates the history of the American west and Colorado within the larger story of the United States; (F) The arrangement of appropriate public ceremonies; and (G) Commemorative events, supported by a comprehensive marketing and tourism campaign; (II) Identify statewide and local community partners to provide local opportunities for public discussion, commemorative events, and historical and educational activities regarding the founding of the United States and the subsequent two hundred fifty years and the advent of Colorado statehood and the subsequent one hundred fifty years; (III) Cooperate with and represent the state in official dealings with the United States semiquincentennial commission and the America250 foundation; (IV) Identify, celebrate, and build knowledge around the history of Black communities, Indigenous communities, communities of color, women, and people with disabilities in the history and development of the United States and the state of Colorado, including the history that pre-dates the founding of both nation and state; and (V) Ensure that the activities of the commission represent the geographic and demographic diversity of the state, are accessible to people with disabilities, and are, to the extent possible, accessible to communities across the state on an equitable basis. nd development of the United States and the state of Colorado, including the history that pre-dates the founding of both nation and state; and (V) Ensure that the activities of the commission represent the geographic and demographic diversity of the state, are accessible to people with disabilities, and are, to the extent possible, accessible to communities across the state on an equitable basis. (b) In carrying out its duties, the commission may: (I) Coordinate and engage in semiquincentennial or sesquicentennial initiatives proposed or undertaken by any public or nonpublic person or entity; and (II) Consult with and seek guidance, information, and support from stakeholders across the state, including through the establishment of subcommittees in accordance with subsection (5) of this section. (5) Advisory panel and subcommittees. (a) (I) The commission shall establish an advisory panel to consult with the commission on regional activities celebrating the history and culture of regions across the state. The co-chairs of the commission shall appoint with the advice and consent of the commission one member to the advisory panel from each of the eight tourism regions of the state, as defined by the Colorado tourism office created in section 24-49.7-103. The co-chairs of the commission shall make appointments to the advisory panel on or before December 1, 2022. (II) The term of appointment to the advisory panel is for the duration of the panel's existence. Members of the advisory panel serve at the pleasure of the co-chairs of the commission. In the event of a vacancy, the co-chairs shall appoint a new member for the remainder of the term, subject to the requirements for the vacant position set forth in subsection (5)(a)(I) of this section. (III) Members of the advisory panel serve without compensation but are entitled to reimbursement for actual and necessary expenses incurred in the discharge of the members' duties. Members of the advisory panel may participate in meetings and activities of the panel remotely, including through telephone or video conference. Remote participation in advisory panel meetings shall be noted in the meeting minutes. (b) (I) The commission may establish additional subcommittees to help carry out the commission's duties, including the development of programming and events on a regional or thematic basis. (II) When establishing a subcommittee, the commission shall set forth the purpose of the subcommittee and its membership, duties, and duration. (III) The co-chairs of the commission shall appoint the members of a subcommittee with the advice and consent of the commission. The co-chairs may appoint individuals who are not members of the commission to serve on a subcommittee. Members of a subcommittee serve for the duration of the subcommittee's existence. (IV) Members of a subcommittee serve without compensation, but are entitled to reimbursement for actual and necessary expenses incurred in the discharge of the members' duties. Members of a subcommittee may participate in meetings and activities of the subcommittee remotely, including through telephone or video conference. Remote participation in subcommittee meetings shall be noted in the meeting minutes. (6) Meetings. The commission shall hold its first meeting on or before November 1, 2022, and shall meet thereafter upon the call of either of the co-chairs. (7) Staff support. Upon request by the commission, history Colorado shall provide office space, equipment, and staff services as may be necessary to implement this section. The commission may retain the services of a consultant or staff director to assist the commission in accomplishing its duties, including by providing administrative support, directing fundraising and development for the commission, planning events, and other duties as defined by the commission. shall provide office space, equipment, and staff services as may be necessary to implement this section. The commission may retain the services of a consultant or staff director to assist the commission in accomplishing its duties, including by providing administrative support, directing fundraising and development for the commission, planning events, and other duties as defined by the commission. (8) Gifts, grants, and donations. History Colorado and the commission may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. History Colorado and the commission shall transmit all money received through gifts, grants, or donations pursuant to this subsection (8) to the state treasurer, who shall credit the money to the fund. (8.5) Cash fund. (a) The America 250 - Colorado 150 cash fund is created in the state treasury. The fund consists of earned revenue from the sale of commemorative items sold in connection with the commission's marketing authority set forth in subsection (4) of this section that is received and credited to the fund pursuant to this subsection (8.5); gifts, grants, and donations received by the commission or history Colorado pursuant to subsection (8) of this section; and any other money that the general assembly may appropriate or transfer to the fund. (b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (c) Money in the fund is continuously appropriated to the commission through history Colorado for the purposes of accomplishing the duties specified in subsection (4)(a)(I) of this section and providing community grants to communities across the state to assist recipient communities with providing local opportunities related to commemoration of the two hundred fiftieth anniversary of the founding of the United States and the one hundred fiftieth anniversary of Colorado statehood such as those set forth in subsection (4)(a)(II) of this section. Money in the fund may also be used by the commission for the purpose of administering, implementing, and effectuating the community grants. (d) On or before October 15, 2024, and on or before October 15 of each year thereafter for three consecutive years, the commission shall submit a report to the joint budget committee of the general assembly about the community grants awarded and any related use of money in the fund pursuant to this subsection (8.5), including information about the recipient of each grant, the dollar amount of each grant, and the uses of each grant. The report may be submitted in connection with the report required by subsection (9) of this section. (e) The state treasurer shall transfer all unexpended and unencumbered money in the fund on June 30, 2027, to the general fund. (f) On July 1, 2024, the state treasurer shall transfer two hundred fifty thousand dollars from the general fund to the fund. (9) Reports. History Colorado shall annually report on the activities of the commission as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203. (10) Repeal. This section is repealed, effective December 31, 2027.

C.R.S. § 24-80-216 Indian boarding school research program - recommendations - definitions - repeal

24-80-216. Indian boarding school research program - recommendations - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "American Indian" means an individual having descended from people who were living in north America prior to the time that people from Europe began settling in north America. (b) "Commission" means the Colorado commission of Indian affairs established pursuant to section 24-44-102. (c) "American Indian boarding school" means a boarding school operated at any time in Colorado for American Indians that was authorized by the federal government, the state, religious organizations, or private institutions that were not located on an Indian reservation. (d) "Historically impacted American Indians" means American Indians, including individuals who have attended or are descended from persons who have attended Indian boarding schools. (e) "Program" means the Indian boarding school research program established in subsection (2)(a) of this section. (f) "Society" means the state historical society. (g) "Steering committee" means the American Indian steering committee established in subsection (5)(a) of this section. (2) (a) There is established in the state historical society the Indian boarding school research program to research and develop recommendations with tribal consultation and listening sessions with American Indian and Alaska native communities to promote Coloradans' understanding of the physical and emotional abuse and deaths that occurred at and in relation to Indian boarding schools in Colorado, including the victimization of and intergenerational impacts on families of the youth forced to attend the boarding schools. These recommendations must be shared with the commission and the steering committee before the recommendations are shared publicly. (b) The state historical society, through the program, shall conduct ongoing research to develop recommendations to the Colorado department of education, the Colorado department of higher education, and the general assembly to address the impact of federal, state, and local schooling systems on American Indian communities and in partnership with the commission and the steering committee. In developing the recommendations, the society must: (I) Formally consult with federally recognized Indian tribes; (II) Conduct research related to objects, artifacts, and real or personal property. If the society conducts a comprehensive review of research that focuses on objects, artifacts, or real or personal property that is in the possession or control of private individuals, private entities, or non-federal government entities within the United States, the society may enter into a contract or agreement to acquire, hold, curate, or maintain those objects, artifacts, or real or personal property until the objects, artifacts, or real or personal property can be properly repatriated or returned, consistent with applicable federal law and regulations and subject to the condition that no federal funds may be used to purchase those objects, artifacts, or real or personal property. (III) Engage in listening sessions with American Indian communities on the history and impact of Indian boarding schools in Colorado. The listening sessions may include visits to boarding school sites including but not limited to Grand Junction Indian boarding school, Fort Lewis Indian boarding school, Southern Ute boarding school, Navajo day school, Allen day school, Towaoc day school, good shepherd industrial school for girls, state industrial school for boys, Ignacio school, the Colorado school for the deaf and blind, and holy cross Abbey. sessions may include visits to boarding school sites including but not limited to Grand Junction Indian boarding school, Fort Lewis Indian boarding school, Southern Ute boarding school, Navajo day school, Allen day school, Towaoc day school, good shepherd industrial school for girls, state industrial school for boys, Ignacio school, the Colorado school for the deaf and blind, and holy cross Abbey. (IV) Collect confidential oral histories from survivors that highlight historically impacted American Indian narratives. The oral history projects must include histories from the Southern Ute Indian Tribe, the Ute Mountain Ute Tribe, and other historically impacted American Indians and tribal nations that may have had students who attended Colorado Indian boarding schools. Additional confidential oral history projects with other American Indian or Alaska native communities must be conducted. "Confidential", for purposes of this subsection (2)(b)(III), means that any identifying qualities of an individual will not be made public. (c) The society must provide public-facing, joint quarterly updates to the commission and steering committee on the requirements of subsection (2)(b) of this section. The society shall provide preliminary recommendations, developed with tribal consultation and listening sessions with historically impacted American Indians, to the commission no later than November 8, 2025, and shall provide final recommendations by May 10, 2027. (3) The society, in consultation with the steering committee, commission, tribal nations, and historically impacted American Indians, must provide recommendations on providing the best care and memorialization at all American Indian boarding school sites in Colorado, including Hesperus and Grand Junction and any cemetery in Old Fort in collaboration with Fort Lewis college and the Colorado department of human services through tribal consultations. The Colorado department of human services must complete tribal consultations before the transfer or sale of land managed by the Colorado department of human services at the Grand Junction regional center. The society must follow all requirements of the "Native American Grave Protection and repatriation act", 25 U.S.C. sec. 3001 et seq. (4) (a) A third-party entity, which may be an entity outside of Colorado, that enters into an agreement with the commission or society to conduct research pursuant to subsections (2) and (3) of this section must meet the following criteria: (I) Demonstrate experience working with historically impacted American Indians; (II) Demonstrate experience of trauma-informed approaches; and (III) Indicate an understanding of trauma and how it passes through generations. (b) When the society or commission is considering contracting with a third-party entity, the society or commission must give preference to a third-party entity that consists of individuals who are of American Indian descent or are historically impacted American Indians. (5) (a) There is established an American Indian steering committee in the society. The steering committee's purpose is to identify and advise the society on areas of concern regarding Indian boarding schools and issues relating to organizing or conducting search efforts related to graves at school sites, development of support groups, or other supportive efforts related to Indian boarding schools. The steering committee shall meet at least once per quarter in state fiscal year 2024-25, and biannually thereafter, at dates and times requested by the commission. The steering committee may meet electronically. ssues relating to organizing or conducting search efforts related to graves at school sites, development of support groups, or other supportive efforts related to Indian boarding schools. The steering committee shall meet at least once per quarter in state fiscal year 2024-25, and biannually thereafter, at dates and times requested by the commission. The steering committee may meet electronically. (b) The steering committee consists of the following members, who must be appointed by the society with inclusive representation from organizations that are led by and serve American Indian communities in Colorado: (I) An individual who represents the Ute Mountain Ute tribe and who is confirmed by the Ute Mountain Ute tribal council; (II) An individual who represents the Southern Ute Indian tribe and who is confirmed by the Southern Ute tribal council; (III) Two individuals who are citizens of other tribal nations identified as having members enrolled at any time in an Indian boarding school in Colorado; (IV) Three survivors of Indian boarding schools in Colorado; (V) Three descendants of Colorado Indian boarding school survivors; (VI) One American Indian in the cultural resource management profession; (VII) One trauma-informed mental health professional; (VIII) One American Indian employee of the society; (IX) One individual who has expertise in researching the history and impact of Indian boarding schools; and (X) One tribal historic preservation officer from any of the identified tribal nations that had students attend a boarding school in Colorado. (c) The society shall appoint members of the steering committee as soon as practicable after the effective date of this section, but no later than September 1, 2024. (d) The steering committee members serve without compensation and without reimbursement for any expenses incurred related to serving on the committee. (6) For state fiscal year 2024-25, the general assembly shall appropriate three hundred thirty-three thousand three hundred thirty-four dollars, and for each of state fiscal years 2025-26 and 2026-27, the general assembly shall appropriate three hundred thirty-three thousand three hundred thirty-three dollars from the general fund to the state historical society, established in section 24-80-201, to fund two term-limited, full-time employees with American Indian hiring preference and to implement the requirements of this section. Any money appropriated pursuant to this subsection (4) that is not expended or encumbered at the end of the state fiscal year for which it was appropriated remains available for expenditure in subsequent fiscal years without further appropriation. (7) This section is repealed, effective December 31, 2027.

C.R.S. § 24-80-217 State historical society strategic initiatives fund - creation - repeal

24-80-217. State historical society strategic initiatives fund - creation - repeal. (1) The state historical society strategic initiatives fund is hereby created in the state treasury. The fund consists of money transferred to the fund from the limited gaming fund pursuant to section 44-30-701 (2)(a)(V.5)(A). The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (2) Subject to annual appropriation by the general assembly, the state historical society may expend money from the fund for programs and activities that strengthen the society's financial position and expand its impact on the people of the state. (3) (a) On June 30, 2027, the state treasurer shall transfer any unexpended money in the fund to the general fund. (b) This section is repealed, effective July 1, 2027.

C.R.S. § 24-80-301 County units

24-80-301. County units. Each county is authorized, through its board of county commissioners, to create and maintain a county unit, tributary to the state historical society, and having in view the same objectives as the state society.

C.R.S. § 24-80-302 Office in county courthouse

24-80-302. Office in county courthouse. Whenever there is organized in any one of the several counties a patriotic society to promote these objectives and composed of members of character and standing, whether called an early settlers' society or by some other name, it is the duty of the executive officers of said county to permit the use of a room in the courthouse for its meetings and otherwise; but such use shall not interfere with the usual legitimate purpose of such room.

C.R.S. § 24-80-303 County to pay expenses

24-80-303. County to pay expenses. The executive officials of the county shall provide suitable room and furniture for the safekeeping and exhibition of the collections of the county unit or society as in their judgment may seem proper and shall pay the cost of same from the general fund from any moneys not otherwise appropriated.

C.R.S. § 24-80-304 Title to property

24-80-304. Title to property. While the collection and supervision of the county library, museum, and curio collection, here authorized, shall be entrusted to a patriotic society, united for the purpose, the title to all property thus accumulated shall be in the executive officers of the county where located and their successors in office.

C.R.S. § 24-80-305 Custodian - finance board - indebtedness

24-80-305. Custodian - finance board - indebtedness. The secretary of the patriotic society in charge shall be the custodian of all property of the county unit or society. The secretary of the county unit and the chairman of the board of county commissioners shall be a board to control the finances and to make needed purchases. The patriotic society in charge shall incur no debt.

C.R.S. § 24-80-306 Collection of material - expense

24-80-306. Collection of material - expense. To bind and preserve copies of newspapers published in the county where located; to preserve manuscripts and photographs of local interest; to procure copies of all books pertaining to the Rocky Mountain country; and especially to preserve to the fullest extent possible the history of our soldiers in the recent world war shall be prime objectives of each county society. Payment for the same shall be made by the board of county commissioners from the general fund of the county at its discretion.

C.R.S. § 24-80-307 Duty of secretary-custodian - report

24-80-307. Duty of secretary-custodian - report. It is the duty of the secretary-custodian of every county unit taking advantage of this part 3 to report from time to time to the state historical society of Colorado on matters which relate to the historical development of that county or of the state and also to make annually a report to the state historical society containing such information and submitted at such a time as the state historical society shall require.

C.R.S. § 24-80-401 Title to historical, prehistorical, and archaeological resources

24-80-401. Title to historical, prehistorical, and archaeological resources. (1) The state of Colorado reserves to itself title to all historical, prehistorical, and archaeological resources in all lands, rivers, lakes, reservoirs, and other areas owned by the state or any county, city and county, city, town, district, or other political subdivision of the state. Historical, prehistorical, and archaeological resources shall include all deposits, structures, or objects which provide information pertaining to the historical or prehistorical culture of people within the boundaries of the state of Colorado, as well as fossils and other remains of animals, plants, insects, and other objects of natural history within such boundaries. (2) As used in this part 4, "historical, prehistorical, and archaeological resources" includes, in addition to the specific site or deposit, rights-of-way access on state-owned land from a maintained public road for the exploration, protection, preservation, interpretation, and enhancement of the site or deposit proper.

C.R.S. § 24-80-402 Administration of part 4

24-80-402. Administration of part 4. In addition to any other powers and duties conferred by law, the state historical society of Colorado, referred to in this part 4 as the "society", shall administer the provisions of this part 4, and the duties and powers of the state archaeologist described in this part 4 shall be exercised under the direction of its board of directors.

C.R.S. § 24-80-403 Office of state archaeologist - purpose

24-80-403. Office of state archaeologist - purpose. The office of state archaeologist is established as a section within the society in the department of higher education. The office of state archaeologist is a type 2 entity, as defined in section 24-1-105. The purpose of the office of state archaeologist is to coordinate, encourage, and preserve by the use of appropriate means the full understanding of this state's archaeological resources as the same pertain to humankind's cultural heritage, the study and understanding of which within the state of Colorado will result in an ultimate benefit to the citizens of this state.

C.R.S. § 24-80-404 State archaeologist - appointment - qualifications

24-80-404. State archaeologist - appointment - qualifications. The board of directors of the society is hereby authorized to and shall appoint a state archaeologist pursuant to the provisions of section 13 of article XII of the state constitution. The state archaeologist shall be the head of the office of state archaeologist. He shall be a graduate of a recognized college or university with a post-graduate degree in archaeology or anthropology and shall have had sufficient practical experience and knowledge in archaeology to qualify for the purposes of this part 4. The activities of the state archaeologist shall be closely coordinated with the other activities of the society.

C.R.S. § 24-80-405 Objectives and duties of the state archaeologist

24-80-405. Objectives and duties of the state archaeologist. (1) The state archaeologist shall function to provide assistance to and cooperate with the general public, industries, and agencies of local, state, and federal government, including institutions of higher education, in pursuit of the following objectives: (a) To assist, consult with, and advise state and local governmental agencies and private persons on archaeological problems; (b) To promote development of archaeological resources for educational purposes; (c) To conduct studies to develop archaeological information; (d) To inventory and analyze this state's archaeological resources as to location, quantity, and their cultural significance; (e) To collect and preserve archaeological resources; (f) To advise the state and to act as liaison agency in transactions dealing with archaeological resources between state agencies and other states and between state agencies and the federal government on common problems and studies; (g) To issue permits to qualified applicants for the conduct of archaeological studies; (h) To arrange for the care, use, and storage of any archaeological resources collected; (i) To prepare, publish, and distribute reports, maps, and bulletins when necessary to achieve the purposes of this part 4; (j) To accept and, through the department of personnel, to use, disburse, and administer all federal funds or other property, services, and moneys allotted to the office of state archaeologist for the purposes of this part 4 and to prescribe, by regulation not inconsistent with the laws of this state, the conditions under which such funds, property, services, or moneys shall be accepted and administered. On behalf of the state, the society is empowered to make such agreements with the approval of the attorney general, not inconsistent with the laws of this state, as may be required as a condition precedent to receiving such funds or other assistance. (k) To implement a program of salvage archaeology, which shall include surveys and either the salvage or the preservation of sites or antiquities imperiled by construction or other earth-movement projects; (l) To establish and coordinate a procedure by which an historical, prehistorical, or archaeological resource belonging to the state of Colorado may be removed from Colorado on a loan basis, subject to its return pursuant to section 24-80-406. (2) The duties of the state archaeologist are to fulfill the objectives of this part 4 and, together with other employees of the society, to work for the maximum beneficial conservation of the archaeological resources of the state of Colorado and the acquisition and dissemination of knowledge pertaining to archaeology.

C.R.S. § 24-80-406 Permits

24-80-406. Permits. (1) (a) The society shall issue or deny permits for the investigation, excavation, gathering, or removal from the natural state of any historical, prehistorical, and archaeological resources within the state and determine whether or not the applicants for such permits are duly qualified to conduct investigations in the field for which the permit is requested. (b) The issuance, denial, or revocation of permits shall be made in conformity with article 4 of this title. (2) Permits shall carry the following stipulations, in addition to such others as the society may require: (a) The investigations, excavations, gatherings, and removals shall be undertaken only for the benefit of reputable museums, universities, colleges, or other recognized scientific or educational institutions, with a view to increasing the knowledge of such resources; and such activities shall be conducted for permanent preservation, either on the site or in museums, open to the public and available to qualified students. (b) All permit holders shall provide the state archaeologist, within one year after the start of the investigation, excavation, gathering, or removal, with a preliminary report of progress. If such activity continues for more than one year, an annual progress report shall be made. The permit holder shall furnish a final report of the activity undertaken within three years after termination of the field work. (c) An inventory of all materials recovered during the course of the investigation, excavation, gathering, or removal shall be supplied to the state archaeologist. (d) Upon receipt of the final report of the activity undertaken by a permit holder, the state archaeologist may require that a representative collection of the materials recovered be delivered to the state of Colorado and shall determine a repository for the same. (e) Any permit issued by the society may be revoked by the society, pursuant to article 4 of this title, at any time if there is evidence that the activity authorized by the permit is being unlawfully or improperly conducted or if the permit holder does not honor the conditions of the permit. When a permit is revoked, all recovered materials, catalogues, maps, field notes, and other records necessary to identify the same shall be surrendered immediately to the society.

C.R.S. § 24-80-407 Agreements

24-80-407. Agreements. The society may enter into agreements with the department of transportation, the federal bureau of public roads, or other agencies, private corporations, or individuals controlling highway and other construction activities which might, in any way, involve historical, prehistorical, and archaeological resources of the state of Colorado.

C.R.S. § 24-80-408 Properties not owned by the state

24-80-408. Properties not owned by the state. Upon the request of any municipality, county, or governmental agency, the society shall, and, upon the request of any corporation or private individual whose property is affected, the society may, undertake the powers provided for in sections 24-80-405 to 24-80-407 with respect to historical, prehistorical, or archaeological resources on private or public lands, owned by the entity so requesting, within the boundaries of Colorado. The state archaeologist may adopt rules and regulations governing the extent of responsibility he will assume and the conditions pertaining thereto.

C.R.S. § 24-80-409 Penalty - injunction - temporary restraining order

24-80-409. Penalty - injunction - temporary restraining order. (1) Any person who knowingly appropriates, excavates, injures, or destroys any historical, prehistorical, or archaeological resource on land owned by the state or any county, city and county, city, town, district, or other political subdivision of the state without a valid permit commits a class 2 misdemeanor. All articles and materials illegally taken and all money and materials derived from the sale or trade of the same shall be forfeited to the society. (2) When the society has cause to believe that a person has engaged in or is engaging in any unlawful conduct as defined in subsection (1) of this section, it may apply for and obtain, in an action in any district court of this state, a temporary restraining order or injunction, or both, pursuant to the Colorado rules of civil procedure prohibiting such person from continuing such practices, or engaging therein, or doing any act in furtherance thereof.

C.R.S. § 24-80-410 State monuments

24-80-410. State monuments. The governor of the state of Colorado is hereby authorized, upon recommendation of the society and approval of both the state agency having jurisdiction over the same and the county or municipality within which the same are located, to declare by public proclamation that any particular historic and prehistoric or archaeological structures, deposits, sites, and other objects of scientific or historic interest that are situated upon lands owned by the state of Colorado shall be state monuments, and he may designate as a part thereof such state-owned parcels of land as he may deem necessary for the proper access, care, and management of the objects so designated.

C.R.S. § 24-80-411 Applicability of this part 4 to human remains

24-80-411. Applicability of this part 4 to human remains. The treatment of human remains is governed by both this part 4 and part 13 of this article. In case of any conflict between said parts, part 13 shall control.

C.R.S. § 24-80-501 Monuments enumerated - control

24-80-501. Monuments enumerated - control. Bent's Old Fort on the Arkansas River, Chief Ouray Memorial near Montrose, Pike's Stockade on the Conejos River, Fort Garland in the San Luis Valley, Healy House and Dexter Cabin in Leadville, and such other historical sites and structures as may from time to time be acquired by the state historical society on behalf of the state of Colorado are hereby declared state historical monuments. The state historical society shall have exclusive management and control over such historical monuments and shall reconstruct, restore, repair, construct, install, and furnish, in its discretion and to the extent of moneys available to it, such buildings, museums, or other structures and such exhibits, displays, and other items on or in such historical monuments as it deems advisable.

C.R.S. § 24-80-502 Survey - report - acquisition

24-80-502. Survey - report - acquisition. The state historical society is hereby authorized to survey and study all sites and structures in Colorado deemed by it of historical interest or importance or suitable for local historical museums and to draft for submission to the general assembly and the governor and to revise from time to time a list and description of such sites and structures, together with its recommendations for their preservation, restoration, and construction, and a long-range program for the development of historical monuments in Colorado. The state historical society is further authorized, in its discretion and from time to time, to acquire on behalf of the state of Colorado by gift or devise or by purchase, to the extent moneys are available to it, such sites and structures in Colorado as it deems advisable for historical monuments.

C.R.S. § 24-80-601 Name changed from Grand

24-80-601. Name changed from Grand. The name of the Grand river in Colorado is hereby changed to the Colorado river, by which name said river, after March 24, 1921, shall be known from its source to where it crosses the western boundary of the state of Colorado.

C.R.S. § 24-80-602 Effect

24-80-602. Effect. The change of the name of said river shall in no way affect the rights of this state or of any county, municipality, corporation, association, or person; and all laws, records, surveys, maps, and other public or private documents of every kind and nature in which the said river is mentioned or referred to under or by the name of the Grand river, after March 24, 1921, shall refer to the same river and with the same purport and effect, under and by the name of the Colorado river.

C.R.S. § 24-80-701 Name changed from Veta peak

24-80-701. Name changed from Veta peak. From and after March 23, 1949, Veta peak, situated in the Sangre de Cristo range in Huerfano county, now known as Baldy peak, shall be known as Mount Mestas.

C.R.S. § 24-80-801 Penalty for damaging monuments

24-80-801. Penalty for damaging monuments. Any person who destroys, defaces, removes, or injures the monuments or marks erected to mark a historic trail under this part 8 in the state of Colorado commits a petty offense.

C.R.S. § 24-80-802 Historic trail - marking

24-80-802. Historic trail - marking. The general assembly hereby recognizes and commends the designation by the congress of the United States of the Santa Fe trail as a national historic trail and declares that portion of the Santa Fe trail occurring in the state of Colorado to be a valuable and noteworthy historic resource that should be identified for the traveling public where it travels on or crosses the highways of the state of Colorado. Therefore, the executive director of the department of transportation is directed to mark with suitable signs significant route segments and sites recognized as associated with the primary route of the historic Santa Fe trail in Colorado, as generally depicted on a map entitled "The Santa Fe Trail" contained in the final report of the secretary of the interior of the United States dated July 1976, where the trail travels on and crosses the highways of this state. The cost of implementing the purposes of this section shall be derived from any gifts, donations, or in-kind contributions to the department of transportation for this purpose.

C.R.S. § 24-80-803 Old Spanish trail - marking - legislative declaration

24-80-803. Old Spanish trail - marking - legislative declaration. (1) (a) The United States congress added the old Spanish national historic trail to the national trails system on December 4, 2002, and authorized the secretary of the interior to administer the trail. The secretary of the interior designated the bureau of land management and the national parks service as coadministrators of the entire trail. The bureau of land management and the national parks service were charged with the development of a comprehensive administrative strategy and draft environmental impact statement, in compliance with the "National Trails System Act", as amended, and the "National Environmental Policy Act", as amended. The comprehensive administrative strategy was finalized in December 2017. (b) The general assembly hereby recognizes and commends the designation by the congress of the United States of the old Spanish trail as a national historic trail. The general assembly finds and declares that the portions of the old Spanish national historic trail occurring in the state of Colorado are a valuable and noteworthy historic resource that should be identified for the traveling public where they travel on or cross the highways of the state of Colorado. (c) In order to preserve the landscape, ecological, and ethnographic characteristics of the old Spanish national historic trail, the executive director of the department of transportation shall consult with culturally affiliated American Indian tribes before posting any signs under this section. (2) Subject to the availability of funding from gifts, grants, or donations, the executive director of the department of transportation shall mark with suitable signs, which may include the original indigenous name as a secondary interpretive theme in accordance with the consultations conducted under subsection (1)(c) of this section, significant route segments and sites recognized as associated with the old Spanish national historic trail in Colorado, as generally depicted on the maps contained in the United States department of the interior, national parks service report entitled "Old Spanish Trail National Historic Trail Feasibility Study and Environmental Assessment", dated July 2001, and as further refined by the secretary of the interior of the United States, where those routes travel on and cross the highways of the state. The department of transportation may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.

C.R.S. § 24-80-901 Size and description of seal

24-80-901. Size and description of seal. The seal of the state shall be such size as specified by the secretary of state by rule adopted in accordance with article 4 of this title, with the following device inscribed thereon: An heraldic shield bearing in chief, or upon the upper portion of the same, upon a red ground three snow-capped mountains; above surrounding clouds; upon the lower part thereof upon a golden ground a miner's badge, as prescribed by the rules of heraldry; as a crest above the shield, the eye of God, being golden rays proceeding from the lines of a triangle; below the crest and above the shield, as a scroll, the Roman fasces bearing upon a band of red, white, and blue the words, "Union and Constitution"; below the whole the motto, "Nil Sine Numine"; the whole to be surrounded by the words, "State of Colorado", and the figures "1876".

C.R.S. § 24-80-902 Punishment for illegal use

24-80-902. Punishment for illegal use. Any person who illegally uses or affixes the seal of this state to any written or printed document whatever, or fraudulently forges, defaces, corrupts, or counterfeits the same, or affixes said forged, defaced, corrupted, or counterfeited seal to any commission, deed, warrant, pardon, certificate, or other written or printed instrument, or has in his or her possession or custody any such seal, knowing it to be falsely made and counterfeited, and willfully conceals the same, commits a petty offense.

C.R.S. § 24-80-903 Secretary of state alone can affix - custodian

24-80-903. Secretary of state alone can affix - custodian. The secretary of state is alone authorized to use or affix the seal of this state to any document whatever, and he only in pursuance of law. The secretary is made the custodian of the seal of the state and responsible for its safekeeping.

C.R.S. § 24-80-904 State flag

24-80-904. State flag. A state flag is hereby adopted to be used on all occasions when the state is officially and publicly represented, with the privilege of use by all citizens upon such occasions as they may deem fitting and appropriate. The flag shall consist of three alternate stripes to be of equal width and at right angles to the staff, the two outer stripes to be blue of the same color as in the blue field of the national flag and the middle stripe to be white, the proportion of the flag being a width of two-thirds of its length. At a distance from the staff end of the flag of one-fifth of the total length of the flag there shall be a circular red C, of the same color as the red in the national flag of the United States. The diameter of the letter shall be two-thirds of the width of the flag. The inner line of the opening of the letter C shall be three-fourths of the width of its body or bar, and the outer line of the opening shall be double the length of the inner line thereof. Completely filling the open space inside the letter C shall be a golden disk; attached to the flag shall be a cord of gold and silver intertwined, with tassels one of gold and one of silver. All penalties provided by the laws of this state for the misuse of the national flag shall be applicable to the said state flag.

C.R.S. § 24-80-905 Columbine

24-80-905. Columbine. The white and lavender columbine is hereby made and declared to be the state flower of the state of Colorado.

C.R.S. § 24-80-906 Duty to protect

24-80-906. Duty to protect. It is hereby declared to be the duty of all citizens of this state to protect the white and lavender Columbine Aquilegia, Caerulea, the state flower, from needless destruction or waste.

C.R.S. § 24-80-907 Limitation on picking state flower

24-80-907. Limitation on picking state flower. It is unlawful for any person to tear the state flower up by the roots when grown or growing upon any state, school, or other public lands or in any public highway or other public place or to pick or gather upon any such public lands or in any such public highway or place more than twenty-five stems, buds, or blossoms of such flower in any one day; and it is also unlawful for any person to pick or gather such flower upon private lands without the consent of the owner thereof first had or obtained.

C.R.S. § 24-80-908 Violation a misdemeanor - penalty

24-80-908. Violation a misdemeanor - penalty. Any person who violates any provision of section 24-80-907 commits a civil infraction.

C.R.S. § 24-80-909 State song

24-80-909. State song. That certain song entitled "Where the Columbines Grow", the words of which were written by A. J. Fynn and the music of which was composed by A. J. Fynn, is hereby adopted as the official state song of Colorado to be used on all appropriate occasions.

C.R.S. § 24-80-909.5 State folk dance

24-80-909.5. State folk dance. Square dancing, the American folk dance which traces its ancestry to the English country dance and the French ballroom dance, and which is called, cued, or prompted to the dancers and includes squares, rounds, clogging, contra, line, the Virginia reel, and heritage dances, is hereby made and declared to be the state folk dance of the state of Colorado.

C.R.S. § 24-80-910 Lark bunting

24-80-910. Lark bunting. The lark bunting, scientifically known as calamospiza melancorys stejneger, is hereby made and declared to be the state bird of the state of Colorado.

C.R.S. § 24-80-910.5 State pets

24-80-910.5. State pets. Dogs (canis lupus familiaris) and cats (felis catus) that are adopted from Colorado animal shelters and rescues are hereby made and declared to be the state pets of the state of Colorado.

C.R.S. § 24-80-911 State animal

24-80-911. State animal. The rocky mountain bighorn sheep (ovis canadensis) is hereby made and declared to be the state animal of the state of Colorado, and no person may pursue, take, hunt, wound, or kill any rocky mountain bighorn sheep, except as provided in title 33, C.R.S.

C.R.S. § 24-80-911.3 State reptile

24-80-911.3. State reptile. The western painted turtle (chrysemys picta bellii) is hereby made and declared to be the state reptile of the state of Colorado.

C.R.S. § 24-80-911.4 State amphibian

24-80-911.4. State amphibian. The western tiger salamander (ambystoma mavortium) is hereby made and declared to be the state amphibian of the state of Colorado.

C.R.S. § 24-80-911.5 State fish

24-80-911.5. State fish. The greenback cutthroat trout (oncorhynchus clarki stomias) is hereby made and declared to be the state fish of the state of Colorado.

C.R.S. § 24-80-912 State gemstone

24-80-912. State gemstone. The aquamarine is hereby made and declared to be the state gemstone of the state of Colorado.

C.R.S. § 24-80-912.5 State mineral

24-80-912.5. State mineral. Rhodochrosite is hereby made and declared to be the state mineral of the state of Colorado.

C.R.S. § 24-80-912.7 State rock

24-80-912.7. State rock. Yule marble is hereby made and declared to be the state rock of the state of Colorado.

C.R.S. § 24-80-913 State insect

24-80-913. State insect. The Colorado hairstreak (hypaurotis crysalus), a butterfly, is hereby made and declared to be the state insect of the state of Colorado.

C.R.S. § 24-80-914 State museum

24-80-914. State museum. The wings over the rockies air and space museum is hereby made and declared to be the official state air and space museum of the state of Colorado.

C.R.S. § 24-80-915 State cactus

24-80-915. State cactus. The claret cup cactus (echinocereus triglochidiatus) is hereby made and declared to be the state cactus of the state of Colorado.

C.R.S. § 24-80-1001 Legislative declaration

24-80-1001. Legislative declaration. Dr. Florence Rena Sabin, deceased, is hereby declared to be the person designated by the state of Colorado as the citizen of the state of Colorado illustrious for her historic renown and for her distinguished civic services and deemed worthy of commemoration pursuant to Act of Congress of July, 1864 (U.S. Code, Title 40, Sec. 187), and Congressional House Concurrent Resolution No. 47 passed February 24, 1933 (47 Stat. 1784), and whose statue shall be placed in the national statuary hall in the capitol of the United States.

C.R.S. § 24-80-1201 Ghost towns - historical society may designate

24-80-1201. Ghost towns - historical society may designate. (1) To assist in preserving historical monuments of Colorado, the state historical society of Colorado may designate any appropriate area within the state as a ghost town, unless the private or public owner of such property objects. (2) Upon designation of an area as a ghost town, the state historical society shall erect the necessary number of signs, markers, or plaques at the site of such ghost town to apprise persons of the designation of such area as a ghost town, the name of the ghost town, the historical significance of the ghost town, other pertinent historical data, and the penalty for destruction or vandalism to the ghost town. Each such sign, marker, or plaque shall also bear the inscription: "The historical heritage of the state of Colorado can only be preserved by the citizens themselves."

C.R.S. § 24-80-1202 Destruction of ghost town - penalty

24-80-1202. Destruction of ghost town - penalty. No person shall destroy, damage, deface, or take anything from an area designated and marked as a ghost town by the state historical society, except by the owner or the designated agent of the owner of such property. Any person violating this section commits a class 2 misdemeanor.

C.R.S. § 24-80-1301 Definitions

24-80-1301. Definitions. As used in this part 13, unless the context otherwise requires: (1) "Commission" means the commission of Indian affairs. (2) "Disturb" means to move, open, expose, dig up, disinter, excavate, remove, carry away, damage, injure, deface, desecrate, loot, vandalize, mutilate, or destroy. (3) "Human remains" means any part of the body of a deceased human being in any stage of decomposition. (4) "Land" means all lands, including submerged lands, located within the state of Colorado which are owned by the state or its political subdivisions, agencies, or instrumentalities or by any private person. (5) "Person" means an individual, limited liability company, corporation, unincorporated association, partnership, proprietorship, or governmental entity. (6) "Unmarked human burial" means any interment of human remains for which there exists no grave marker or any other historical documentation providing information as to the identity of the deceased.

C.R.S. § 24-80-1302 Discovery of human remains

24-80-1302. Discovery of human remains. (1) Except as provided in section 24-80-1303 with regard to anthropological investigations, any person who discovers on any land suspected human skeletal remains or who knowingly disturbs such remains shall immediately notify the coroner or medical examiner of the county wherein the remains are located and the sheriff, police chief, or land managing agency official. (2) The coroner or medical examiner shall conduct an on-site inquiry within forty-eight hours after such notification to attempt to determine whether such skeletal remains are human remains and to determine their forensic value. If it is confirmed that the remains are human remains and of forensic value, the coroner or medical examiner shall take legal custody of the human remains pursuant to section 30-10-606 (1.2), C.R.S. If it is confirmed that the remains are human remains but of no forensic value, the coroner or medical examiner shall notify the state archaeologist of the discovery. The state archaeologist shall recommend security measures for the site. (3) Prior to further disturbance, the state archaeologist shall cause the human remains to be examined by a qualified archaeologist to determine whether the remains are more than one hundred years old and to evaluate the integrity of their archaeological context. Complete documentation of the archaeological context of the human remains shall be accomplished in a timely manner. (4) (a) If the on-site inquiry discloses that the human remains are Native American, the state archaeologist shall notify the commission. (b) The remains shall be disinterred unless the landowner, the state archaeologist, and the chairman of the commission or his designee unanimously agree to leave the remains in situ. (c) Disinterment shall be conducted carefully, respectfully, and in accordance with proper archaeological methods and by an archaeologist who holds a permit issued under sections 24-80-405 and 24-80-406. In the event the remains are left in situ, they shall be covered over. (d) Without the landowner's express consent for an extension of time, disinterment shall be accomplished no later than ten consecutive days after the state archaeologist has received notification from the coroner or medical examiner pursuant to subsection (2) of this section. (e) The archaeologist who conducts the disinterment will assume temporary custody of the human remains, for a period not to exceed one year from the date of disinterment, for the purpose of study and analysis. In the event that a period in excess of one year is required to complete such study and analysis, the commission shall hold a hearing and may, based upon its findings, grant an extension. During the period that the human remains are in the temporary custody of the archaeologist who conducted the disinterment, an archaeological analysis and report shall be prepared. At the same time, a physical anthropological study shall be conducted to include, but not be limited to, osteometric measurement, pathological analysis, and age, sex, and cause of death determinations. The cost of the disinterment, archaeological analysis, and physical anthropological study shall be borne by the state archaeologist except when the human remains are recovered from private lands. In the latter case, if no party can be identified who will bear the cost of such scientific study, the state archaeologist shall bear such costs. (f) Upon completion of the studies pursuant to paragraph (e) of this subsection (4), the state archaeologist shall consult with the commission regarding reinterment. (5) Those remains which are verifiably nonnative American and are otherwise unclaimed will be delivered to the county coroner or medical examiner for further conveyance to the Colorado state anatomical board.

C.R.S. § 24-80-1303 Discovery of human remains during an anthropological investigation

24-80-1303. Discovery of human remains during an anthropological investigation. (1) Prior to the commencement of an anthropological investigation in which it is probable that skeletal remains will be discovered, the anthropologists conducting such an investigation shall apply to the state archaeologist for an excavation permit issued under the authority of section 24-80-405 (1)(g). Upon receipt of said permit by a qualified applicant, he shall notify the coroner and sheriff of the county in which the investigation shall be conducted. (2) When skeletal remains are discovered during such an investigation, the anthropologists shall determine whether such skeletal remains are human remains, and, if such remains are determined to be human remains, the anthropologists shall determine, whenever possible, the age and cultural affiliation of the individual. Based on such determinations, the anthropologists shall proceed as follows: (a) If it is determined that the human remains are of an individual who has been dead less than one hundred years, the anthropologists shall notify the coroner of the discovery and shall offer an opinion as to the forensic significance of the human remains. The coroner shall respond to such notification within twenty-four hours, during which time all activity which could disturb such human remains shall cease. If, on the basis of the anthropologists' opinion or on an independent on-site inquiry, the coroner determines that the human remains are of no forensic significance, the anthropologists shall notify either the state archaeologist, if the human remains are those of a Native American, or the Colorado state anatomical board, if the human remains are those of a human being who was not a Native American. (b) If it is determined that the skeletal remains are human remains but of an individual who has been dead for more than one hundred years, notwithstanding the provisions of section 30-10-606 (1.2), C.R.S., the anthropologists need not notify the coroner but shall notify either the state archaeologist, if the human remains are those of a Native American, or the Colorado state anatomical board, if the remains are of a non-Native American. (3) Upon notification by the anthropologists of the discovery of the human remains of a Native American, the state archaeologist shall notify the commission and shall thereafter proceed in accordance with the provisions of section 24-80-1302 (4).

C.R.S. § 24-80-1304 Rule-making authority - state archaeologist

24-80-1304. Rule-making authority - state archaeologist. (1) In accordance with the provisions of the "State Administrative Procedure Act", article 4 of this title, the state archaeologist may adopt rules and regulations implementing the administrative procedures of this part 13. When adopting such rules and regulations, the state archaeologist shall consider the following: (a) The rights and interests of landowners; (b) The sensitivity of human beings for treating human remains with respect and dignity; (c) The value of history and archaeology as a guide to human activity; and (d) Applicable laws, standards, and guidelines for the conduct of archaeology and codes of ethics for participation in archaeology.

C.R.S. § 24-80-1305 Violation and penalty

24-80-1305. Violation and penalty. (1) Any person who knowingly disturbs an unmarked human burial in violation of this part 13 commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. (2) Any person who has knowledge that an unmarked human burial is being unlawfully disturbed and fails to notify the local law enforcement agency with jurisdiction in the area where the unmarked human burial is located commits a petty offense and shall be punished as provided in section 18-1.3-503.

C.R.S. § 24-80-1401 Colorado veterans' monument preservation trust fund - preservation trust committee - park name change

24-80-1401. Colorado veterans' monument preservation trust fund - preservation trust committee - park name change. (1) There is hereby created in the state treasury the Colorado veterans' monument preservation trust fund, referred to in this section as the "trust fund", the principal of which shall consist of funds made available from private donations received by the department of personnel and any funds appropriated thereto by the general assembly. All moneys deposited in the trust fund and all interest earned in the trust fund shall remain in the trust for the purposes as set forth in this part 14, and no portion thereof shall be expended or appropriated for any other purpose. (2) There is hereby created a preservation trust committee for the purpose of overseeing and making allocations out of the trust fund. The preservation trust committee shall be comprised of four members. One member shall be a representative or designee of the Colorado board of veterans affairs, created in section 28-5-702, one member shall be a member or designee of the state capitol building advisory committee, created in section 24-82-108, one member shall be a veteran appointed jointly by the speaker of the house of representatives and the president of the senate, and one member shall be a representative of the department of personnel that oversees real estate services, who shall be an ex officio nonvoting member. (3) (a) The initial term for the member representing the Colorado board of veterans affairs and for the member representing the state capitol building advisory committee shall be three years. Thereafter, those members' terms shall be two-year terms. Except as provided in paragraph (b) of this subsection (3), the member appointed by the speaker of the house of representatives and the president of the senate shall serve a two-year term. Any vacancy on the committee shall be filled in the same manner provided for original appointments for the remainder of an unexpired term. (b) The term of the member appointed by the speaker of the house of representatives and the president of the senate and who is serving on March 22, 2007, shall be extended to and expire on or shall terminate on the convening date of the first regular session of the sixty-seventh general assembly. As soon as practicable after such convening date, the speaker and the president shall jointly appoint or reappoint one member in the same manner as provided in paragraph (a) of this subsection (3). Thereafter, the term of the member appointed or reappointed by the speaker and the president shall expire on the convening date of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after such convening date. Members appointed or reappointed by the speaker and the president shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed. ate of the first regular session of each general assembly, and all subsequent appointments and reappointments by the speaker and the president shall be made as soon as practicable after such convening date. Members appointed or reappointed by the speaker and the president shall serve at the pleasure of the appointing authority and shall continue in office until the member's successor is appointed. (4) The preservation trust committee shall have discretion in determining the amount of funds to allocate from the trust fund to meet the purposes of this part 14; except that only the interest derived from the principal in the trust fund may be expended by the preservation trust committee. All gifts, grants, and donations received by the department of personnel pursuant to subsection (5) of this section shall be credited to the trust fund and retained as principal in the trust fund. All interest earned on the investment of money in the fund shall be continuously appropriated to the department of personnel for allocation to the preservation trust committee. The preservation trust committee shall determine annually how much of the interest generated from the principal in the trust fund will be spent and shall determine and approve what types of maintenance and repair work will be performed for the purposes of maintaining, enhancing, and repairing the Colorado veterans' monument and any fallen heroes memorials in Lincoln veterans' memorial park in Denver, Colorado, and for maintaining Lincoln veterans' memorial park. The principal of the trust fund and any unappropriated interest earned on the principal of the trust fund at the close of any fiscal year shall remain in the trust fund and shall not be transferred to or revert to the general fund. (5) The department of personnel is authorized to receive gifts, grants, and donations from private or public sources for the trust fund. Such gifts, grants, and donations, together with any other money appropriated or transferred by the general assembly, shall be transmitted to the state treasurer who shall credit the same to the trust fund. Money in the trust fund shall be used for maintaining and enhancing the Colorado veterans' monument and Lincoln veterans' memorial park, but shall not be used to supplant existing appropriations for maintenance of the monument or Lincoln veterans' memorial park. For purposes of section 20 of article X of the state constitution, any donations received for the trust fund shall not be included in state fiscal year spending. (6) On and after May 31, 2021, the parks previously known as "Lincoln park" and "Liberty park", bounded by Lincoln on the east, Broadway on the west, Fourteenth avenue on the south, and Colfax avenue on the north, shall be collectively known as "Lincoln veterans' memorial park".

C.R.S. § 24-80-1402 Fallen heroes memorial commission - fund - repeal

24-80-1402. Fallen heroes memorial commission - fund - repeal. (Repealed)
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026

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