C.R.S. § 29-1-101 Short title
29-1-101. Short title. This part 1 shall be known and may be cited as the "Local Government Budget Law of Colorado".
Budget and Services
C.R.S. tit. 29, art. 1
in effectC.R.S. § 29-1-102 Definitions
29-1-102. Definitions. As used in this part 1, unless the context otherwise requires:
(1) "Appropriation" means the authorization by ordinance or resolution of a spending limit for expenditures and obligations for specific purposes.
(2) "Basis of budgetary accounting" means any one of the following methods of measurement of timing when revenue and other financing sources and expenditures and other financing uses are recognized for budget purposes:
(a) Cash basis (when cash is received and disbursed);
(b) Modified accrual basis (when revenue and other financing sources are due and available and when obligations or liabilities are incurred for expenditures and other financing uses, except for certain stated items such as, but not limited to, prepaids, inventories of consumable goods, and interest payable in a future fiscal year); or
(c) Encumbrance basis (the modified accrual basis, but including the recognition of encumbrances).
(3) "Budget" means the complete estimated financial plan of the local government.
(4) "Budget year" means the ensuing fiscal year.
(5) "Certified" means a written statement by a member of the governing body or a person appointed by the governing body that the document being filed is a true and accurate copy of the action taken by the governing body.
(6) "Division" means the division of local government in the department of local affairs.
(7) "Encumbrance" means a commitment related to unperformed contracts for goods or services.
(8) (a) "Expenditure" means any use of financial resources of the local government consistent with its basis of accounting for budget purposes for the provision or acquisition of goods and services for operations, debt service, capital outlay, transfers, or other financial uses.
(b) "Expenditure" shall not include the payment or transfer of moneys by the office of the public trustee created in section 38-37-101, C.R.S., that are received from and required to be paid to another person or entity pursuant to the requirements of article 37, 38, or 39 of title 38, C.R.S., including, but not limited to, recording fees and publication costs pursuant to sections 38-38-101 and 38-39-102, C.R.S., and transfers of excess funds to the county treasurer made pursuant to section 38-37-104 (3), C.R.S.
(9) "Fiscal year" means the period commencing January 1 and ending December 31; except that "fiscal year" may mean the federal fiscal year for water conservancy districts which have contracts with the federal government.
(10) "Fund" means a fiscal and accounting entity with a self-balancing set of accounts in which cash and other financial resources, all related liabilities and residual equities or balances, and changes therein are recorded and segregated to carry on specific activities or to attain certain objectives in accordance with special regulations, restrictions, or limitations.
(11) "Fund balance" means the balance of total resources available for subsequent years' budgets consistent with the basis of accounting elected for budget purposes.
(12) "Governing body" means a board, council, or other elected or appointed body in which the legislative powers of the local government are vested.
in objectives in accordance with special regulations, restrictions, or limitations.
(11) "Fund balance" means the balance of total resources available for subsequent years' budgets consistent with the basis of accounting elected for budget purposes.
(12) "Governing body" means a board, council, or other elected or appointed body in which the legislative powers of the local government are vested.
(13) "Local government" means any authority, county, municipality, city and county, district, or other political subdivision of the state of Colorado; any institution, department, agency, or authority of any of the foregoing; and any other entity, organization, or corporation formed by intergovernmental agreement or other contract between or among any of the foregoing. The office of the county public trustee shall be deemed an agency of the county for the purposes of this part 1. "Local government" does not include the Colorado educational and cultural facilities authority, the university of Colorado hospital authority, collegeinvest, the Colorado health facilities authority, the Colorado housing and finance authority, the Colorado agricultural development authority, the Colorado sheep and wool authority, the Colorado beef council authority, the Colorado horse development authority, the fire and police pension association, any public entity insurance or investment pool formed pursuant to state law, any county or municipal housing authority, any association of political subdivisions formed pursuant to section 29-1-401, or any home rule city or town, home rule city and county, cities and towns operating under a territorial charter, school district, or local college district.
(14) "Object of expenditure" means the classification of fund data by character of expenditure. "Object of expenditure" includes, but is not limited to, personal services, purchased services, debt service, supplies, capital outlay, grants, and transfers.
(15) "Objection" means a written or oral protest filed by an elector of the local government.
(16) "Revenue" means all resources available to finance expenditures.
(17) "Spending agency", as designated by the local government, means any office, unit, department, board, commission, or institution which is responsible for any particular expenditures or revenues.
C.R.S. § 29-1-103 Budgets required
29-1-103. Budgets required. (1) Each local government shall adopt an annual budget. To the extent that the financial activities of any local government are fully reported in the budget or budgets of a parent local government or governments, a separate budget is not required. Such budget shall present a complete financial plan by fund and by spending agency within each fund for the budget year and shall set forth the following:
(a) All proposed expenditures for administration, operations, maintenance, debt service, and capital projects to be undertaken or executed by any spending agency during the budget year;
(b) Anticipated revenues for the budget year;
(c) Estimated beginning and ending fund balances;
(d) The corresponding actual figures for the prior fiscal year and estimated figures projected through the end of the current fiscal year, including disclosure of all beginning and ending fund balances, consistent with the basis of accounting used to prepare the budget;
(e) A written budget message describing the important features of the proposed budget, including a statement of the budgetary basis of accounting used and a description of the services to be delivered during the budget year; and
(f) Explanatory schedules or statements classifying the expenditures by object and the revenues by source.
(2) No budget adopted pursuant to this section shall provide for expenditures in excess of available revenues and beginning fund balances.
(3) (a) The general assembly finds and declares that the use of financed purchase of an asset or certificate of participation agreements by local governments creates financial obligations of those governments and that the disclosure of such obligations is in the public interest and is a matter of statewide concern.
(b) In addition to the governmental entities included in the definition of "local government" in section 29-1-102, the provisions of this subsection (3) shall apply to every home rule city, home rule city and county, school district, and local college district.
(c) As used in this subsection (3), "lease agreement" means a lease as defined in the generally accepted accounting principles issued by the governmental accounting standards board that the controller prescribes for the state as specified in section 24-30-202 (12).
(c.5) As used in this subsection (3), "certificate of participation" means any certificate evidencing a participation right of a proportionate interest in any financing agreement or the right to receive proportionate payments from the state or an agency due under any financing agreement.
(c.7) As used in this subsection (3), "financed purchase of an asset" means a financing agreement that includes the purchase of an asset.
(d) (I) The budget adopted by every local government shall separately set forth each of the following:
(A) The total amount to be expended during the ensuing fiscal year for payment obligations under all financed purchase of an asset or certificate of participation agreements involving real property;
(B) The total maximum payment liability of the local government under all financed purchase of an asset or certificate of participation agreements involving real property over the entire terms of such agreements, including all optional renewal terms;
(C) The total amount to be expended during the ensuing fiscal year for payment obligations under all financed purchase of an asset or certificate of participation agreements other than those involving real property;
(D) The total maximum payment liability of the local government under all financed purchase of an asset or certificate of participation agreements other than those involving real property over the entire terms of such agreements, including all optional renewal terms.
(II) Each budget required to be filed pursuant to section 29-1-113 shall include a supplemental schedule that contains the information described in this paragraph (d).
ity of the local government under all financed purchase of an asset or certificate of participation agreements other than those involving real property over the entire terms of such agreements, including all optional renewal terms.
(II) Each budget required to be filed pursuant to section 29-1-113 shall include a supplemental schedule that contains the information described in this paragraph (d).
(e) (I) No local government shall enter into any financed purchase of an asset or certificate of participation agreement whose duration, including all optional renewal terms, exceeds the weighted average useful life of the assets being financed. In the case of a financed purchase of an asset or certificate of participation agreement involving both real property and other property, the financed purchase of an asset or certificate of participation agreement shall provide that the real property involved shall be amortized over a period not to exceed its weighted average useful life and the other property shall be separately amortized over a period not to exceed its weighted average useful life. This provision shall not prevent a local government from releasing property from a financed purchase of an asset or certificate of participation agreement pursuant to an amortization schedule reflecting the times when individual pieces of property have been amortized.
(II) Nothing contained in this subsection (3)(e) shall be construed to apply to any financed purchase of an asset or certificate of participation agreement entered into prior to April 9, 1990.
C.R.S. § 29-1-104 By whom budget prepared
29-1-104. By whom budget prepared. The governing body of each local government shall designate or appoint a person to prepare the budget and submit the same to the governing body.
C.R.S. § 29-1-105 Budget estimates
29-1-105. Budget estimates. On or before a date to be determined by the governing body of each local government, all spending agencies shall prepare and submit to the person appointed to prepare the budget estimates of their expenditure requirements and their estimated revenues for the budget year, and, in connection therewith, the spending agency shall submit the corresponding actual figures for the last completed fiscal year and the estimated figures projected through the end of the current fiscal year and an explanatory schedule or statement classifying the expenditures by object and the revenues by source. In addition to the other information required by this section, every office, department, board, commission, and other spending agency of any local government shall prepare and submit to the person appointed to prepare the budget the information required by section 29-1-103 (3)(d). No later than October 15 of each year, the person appointed to prepare the budget shall submit such budget to the governing body.
C.R.S. § 29-1-106 Notice of budget
29-1-106. Notice of budget. (1) Upon receipt of the proposed budget, the governing body shall cause to be published a notice containing the following information:
(a) The date and time of the hearing at which the adoption of the proposed budget will be considered;
(b) A statement that the proposed budget is available for inspection by the public at a designated public office located within the boundaries of the local government, or, if no public office is located within such boundaries, the nearest public office where the budget is available; and
(c) A statement that any interested elector of the local government may file any objections to the proposed budget at any time prior to the final adoption of the budget by the governing body.
(2) If the governing body has submitted or intends to submit a request for increased property tax revenues to the division pursuant to section 29-1-302 (1), the amount of the increased property tax revenues resulting from such request shall be stated in such notice or in a subsequent notice in the manner provided in subsection (3) of this section.
(3) (a) For any local government whose proposed budget is more than fifty thousand dollars, the notice required by subsection (1) of this section shall be published one time in a newspaper having general circulation in the local government.
(b) Any local government whose proposed budget is fifty thousand dollars or less shall cause copies of the notice required by subsection (1) of this section to be posted in three public places within the jurisdiction of such local government in lieu of such publication.
C.R.S. § 29-1-107 Objections to budget
29-1-107. Objections to budget. Any elector of the local government has the right to file or register his protest with the governing body prior to the time of the adoption of the budget.
C.R.S. § 29-1-108 Adoption of budget - appropriations - failure to adopt - repeal
29-1-108. Adoption of budget - appropriations - failure to adopt - repeal. (1) The governing body of the local government shall hold a hearing to consider the adoption of the proposed budget, at which time objections of the electors of the local government shall be considered. The governing body shall revise, alter, increase, or decrease the items as it deems necessary in view of the needs of the various spending agencies and the anticipated revenue of the local government. Adoption of the proposed budget shall be effective only upon an affirmative vote of a majority of the members of the governing body.
(2) Before the mill levy is certified pursuant to section 39-1-111 or 39-5-128, C.R.S., the governing body shall enact an ordinance or resolution adopting the budget and making appropriations for the budget year. The amounts appropriated shall not exceed the expenditures specified in the budget. Appropriations shall be made by fund or by spending agencies within a fund, as determined by the governing body. Changes to the adopted budget or appropriation shall be made in accordance with the provisions of section 29-1-109.
(3) If the governing body fails to adopt a budget before certification of the mill levy as provided for in subsection (2) of this section, then ninety percent of the amounts appropriated in the current fiscal year for operation and maintenance expenses shall be deemed reappropriated for the purposes specified in such last appropriation ordinance or resolution.
(4) (a) If the appropriations for the budget year have not been made by December 31 of the current fiscal year, then ninety percent of the amount appropriated in the current fiscal year for operation and maintenance expenses shall be deemed reappropriated for the budget year.
(b) (I) Appropriations for the 2024 budget year, if such appropriations are impacted due to changes to the assessed valuation of property within the local government's boundaries made pursuant to Senate Bill 23B-001, enacted in 2023, and Senate Bill 22-238, enacted in 2022, may be made notwithstanding subsection (4)(a) of this section and do not constitute a change to the local government's adopted budget requiring compliance with section 29-1-109.
(II) This subsection (4)(b) is repealed, effective July 1, 2025.
(4.5) Repealed.
(5) Notwithstanding any other provision of law, the adoption of the budget, the appropriation of funds, and the certification of the mill levy shall be effective upon adoption.
(6) All unexpended appropriations, or unencumbered appropriations if the encumbrance basis of budgetary accounting is adopted, expire at the end of the fiscal year.
C.R.S. § 29-1-109 Changes to budget - transfers - supplemental appropriations - repeal
29-1-109. Changes to budget - transfers - supplemental appropriations - repeal. (1) (a) If, after adopting the budget and making appropriations, the governing body of a local government deems it necessary, it may transfer appropriated moneys between funds or between spending agencies within a fund, as determined by the original appropriation level, in accordance with the procedures established in subsection (2) of this section.
(b) If, after adoption of the budget, the local government receives unanticipated revenues or revenues not assured at the time of the adoption of the budget from any source other than the local government's property tax mill levy, the governing body may authorize the expenditure of such funds by enacting a supplemental budget and appropriation.
(c) In the event that revenues are lower than anticipated in the adopted budget, the governing body may adopt a revised appropriation ordinance or resolution as provided in section 29-1-108.
(2) (a) (I) Any transfer, supplemental appropriation, or revised appropriation made pursuant to this section shall be made only by ordinance or resolution which complies with the notice provisions of section 29-1-106.
(II) (A) Notwithstanding subsection (2)(a)(I) of this section, if after adoption of a budget on or before December 31, 2023, for the 2024 fiscal year, an ordinance or resolution making a transfer, supplemental appropriation, or revised appropriation is required pursuant to this section due to the changes to the assessed valuation of property within the local government's boundaries pursuant to Senate Bill 23B-001, enacted in 2023, and Senate Bill 22-238, enacted in 2022, the ordinance or resolution does not need to comply with the notice provisions of section 29-1-106.
(B) This subsection (2)(a)(II) is repealed, effective July 1, 2025.
(b) For transfers, such ordinance or resolution shall set forth in full the amounts to be transferred and shall be documented in detail in the minutes of the meeting of the governing body. A certified copy of such ordinance or resolution shall be transmitted immediately to the affected spending agencies and the officer or employee of the local government whose duty it is to draw warrants or orders for the payment of money and to keep the record of expenditures as required by section 29-1-114. A certified copy of such ordinance or resolution shall be filed with the division.
(c) (I) For supplemental budgets and appropriations, such ordinance or resolution shall set forth in full the source and amount of such revenue, the purpose for which such revenues are being budgeted and appropriated, and the fund or spending agency which shall make such supplemental expenditure. A certified copy of such ordinance or resolution shall be filed with the division.
(II) (A) For the 2024 fiscal year, for supplemental budgets and appropriations required due to the changes to the assessed valuation of property within the local government's boundaries pursuant to Senate Bill 23B-001, enacted in 2023, and Senate Bill 22-238, enacted in 2022, such changes are a sufficient purpose to satisfy the requirements set forth in subsection (2)(c)(I) of this section.
(B) This subsection (2)(c)(II) is repealed, effective July 1, 2025.
C.R.S. § 29-1-110 Expenditures not to exceed appropriation
29-1-110. Expenditures not to exceed appropriation. (1) During the fiscal year, no officer, employee, or other spending agency shall expend or contract to expend any money, or incur any liability, or enter into any contract which, by its terms, involves the expenditures of money in excess of the amounts appropriated. Any contract, verbal or written, made in violation of this section shall be void, and no moneys belonging to a local government shall be paid on such contract.
(2) Multiple-year contracts may be entered into where allowed by law or if subject to annual appropriation.
C.R.S. § 29-1-111 Contingencies
29-1-111. Contingencies. In cases of emergency which could not have been reasonably foreseen at the time of adoption of the budget, the governing body may authorize the expenditure of funds in excess of the appropriation by ordinance or resolution duly adopted by a majority vote of such governing body at a public meeting. Such ordinance or resolution shall set forth the facts concerning such emergency and shall be documented in detail in the minutes of the meeting of such governing body at which such ordinance or resolution was adopted. A certified copy of such ordinance or resolution shall be filed with the division.
C.R.S. § 29-1-112 Payment for contingencies
29-1-112. Payment for contingencies. In case of an emergency and the passage of an ordinance or resolution authorizing additional expenditures in excess of the appropriation as provided in section 29-1-111 and if there is money available for such excess expenditure in some other fund or spending agency which will not be needed for expenditures during the balance of the fiscal year, the governing body shall transfer the available money from such fund to the fund from which the excess expenditures are to be paid. If available money which can be so transferred is not sufficient to meet the authorized excess expenditure, then the governing body may obtain a temporary loan to provide for such excess expenditures. The total amount of the temporary loan shall not exceed the amount which can be raised by a two-mill levy on the total assessed valuation of the taxable property within the limits of the local government of such governing body.
C.R.S. § 29-1-113 Filing of budget
29-1-113. Filing of budget. (1) No later than thirty days following the beginning of the fiscal year of the budget adopted pursuant to section 29-1-108, the governing body shall cause a certified copy of such budget, including the budget message, to be filed in the office of the division. The budget of a special district shall include any resolutions adopting the budget, appropriating moneys, and fixing the rate of any mill levy. Copies of the budget of a local government and of ordinances or resolutions authorizing expenditures or the transfer of funds shall be filed with the officer or employee of the local government whose duty it is to disburse moneys or issue orders for the payment of money.
(2) Notwithstanding the provisions of section 29-1-102 (13), budgets shall be filed with the division by home rule cities, cities and counties, and towns and cities operating under a territorial charter for the purpose of information and research.
(3) If the governing body of a local government fails to file a certified copy of the budget with the division as required by this section, the division, after notice to the affected local government, may notify any county treasurer holding moneys of the local government generated pursuant to the taxing authority of such local government and authorize the county treasurer to prohibit release of any such moneys until the local government complies with the provisions of this section.
C.R.S. § 29-1-114 Record of expenditures
29-1-114. Record of expenditures. The officer or employee of the local government whose duty it is to disburse moneys or issue orders for the payment of money shall keep in his office a record showing the amounts authorized by the appropriation and the expenditures drawn against the same and also a record of the transfer of moneys from one fund to another and of any authorized additional expenditures as provided in section 29-1-111. Such record shall be kept so that it will show at all times the unexpended balance in each of the appropriated funds or spending agencies. Such officer or employee shall report on such record as may be required by the governing body. No such officer or employee shall disburse any moneys or issue orders for the payment of money in excess of the amount available as shown by said record or report.
C.R.S. § 29-1-115 Violation is malfeasance - removal
29-1-115. Violation is malfeasance - removal. Any member of the governing body of any local government or any officer, employee, or agent of any spending agency who knowingly or willfully fails to perform any of the duties imposed upon him by this part 1 or who knowingly and willfully violates any of its provisions is guilty of malfeasance in office, and, upon conviction thereof, the court shall enter judgment that such officer so convicted shall be removed from office. Any elector of the local government may file an affidavit regarding suspected malfeasance with the district attorney, who shall investigate the allegations and prosecute the violation if sufficient cause is found. It is the duty of the court rendering any such judgment to cause immediate notice of such removal to be given to the proper officer of the local government so that the vacancy thus caused may be filled.
C.R.S. § 29-1-201 Legislative declaration
29-1-201. Legislative declaration. The purpose of this part 2 is to implement the provisions of section 18 (2)(a) and (2)(b) of article XIV of the state constitution, adopted at the 1970 general election, and the amendment to section 2 of article XI of the state constitution, adopted at the 1974 general election, by permitting and encouraging governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments, and to this end this part 2 shall be liberally construed.
C.R.S. § 29-1-202 Definitions
29-1-202. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Government" means any political subdivision of the state, any agency or department of the state government or of the United States, a federally recognized tribal entity, and any political subdivision of an adjoining state.
(2) "Political subdivision" means a county, city and county, city, town, service authority, school district, local improvement district, law enforcement authority, city or county housing authority, or water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.
C.R.S. § 29-1-203 Government may cooperate or contract - contents
29-1-203. Government may cooperate or contract - contents. (1) Governments may cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units, including the sharing of costs, the imposition of taxes, or the incurring of debt, only if such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve. Any such contract providing for the sharing of costs or the imposition of taxes may be entered into for any period, notwithstanding any provision of law limiting the length of any financial contracts or obligations of governments.
(2) Any such contract shall set forth fully the purposes, powers, rights, obligations, and the responsibilities, financial and otherwise, of the contracting parties.
(3) Where other provisions of law provide requirements for special types of intergovernmental contracting or cooperation, those special provisions shall control.
(4) Any such contract may provide for the joint exercise of the function, service, or facility, including the establishment of a separate legal entity to do so.
(5) Any separate legal entity formed pursuant to the provisions of this part 2 may make loans to any government which enters into any contract pursuant to the provisions of this section, which loans may be secured by loan and security agreements, leases, or any other instruments upon such terms and conditions, including, without limitation, the terms and conditions authorized by section 31-35-402 (1)(h), C.R.S., as the board of directors of such intergovernmental entity shall determine.
(6) The provisions of articles 10.5 and 47 of title 11, C.R.S., shall apply to moneys of such separate legal entities.
C.R.S. § 29-1-203.5 Separate legal entity established under section 29-1-203 - legal status - authority to exercise special district powers - additional financing powers
29-1-203.5. Separate legal entity established under section 29-1-203 - legal status - authority to exercise special district powers - additional financing powers. (1) (a) Any combination of counties, municipalities, special districts, or other political subdivisions of this state that are each authorized to own, operate, finance, or otherwise provide public improvements, functions, services, or facilities may enter into a contract under section 29-1-203 to establish a separate legal entity to provide any such public improvements, functions, services, or facilities. In addition, such a separate legal entity may be established as authorized by sections 32-19-119 (1)(w.5), 32-22-106 (1)(s.5), 43-1-106 (8)(q.5), and 43-4-806 (6)(p.5). Any separate legal entity established is a political subdivision and public corporation of the state and is separate from the parties to the contract if the contract or an amendment to the contract states that the entity is formed in conformity with the provisions of this section and that the provisions of this section apply to the entity.
(b) A contract establishing a separate legal entity described in paragraph (a) of this subsection (1) must specify:
(I) The name and purpose of the entity and the functions or services to be provided by the entity;
(II) The establishment and organization of a governing body of the entity, which must be a board of directors in which all legislative power of the entity is vested, including:
(A) The number of directors, their manner of appointment, their terms of office, their compensation, if any, and the procedure for filling vacancies on the board;
(B) The officers of the entity, the manner of their selection, and their duties;
(C) The voting requirements for action by the board; except that, unless specifically provided otherwise, a majority of directors constitutes a quorum, and a majority of the quorum is necessary for any action taken by the board.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), a separate legal entity established by contract pursuant to section 29-1-203 may, to the extent provided by the contract or an amendment to the contract and deemed by the contracting parties to be necessary or convenient to allow the entity to achieve its purposes, exercise any general power of a special district specified in part 10 of article 1 of title 32, C.R.S., so long as each of the parties to the contract may lawfully exercise the power.
(b) A separate legal entity established by a contract pursuant to section 29-1-203 that specifies that the provisions of this section apply to the entity may not levy a tax or exercise the power of eminent domain.
(c) A separate legal entity established by contract pursuant to section 29-1-203 shall file a copy of the contract and any amendments to the contract with the division of local government in the department of local affairs and the division shall retain the contract and amendments as a public record.
(3) In addition to any other powers set forth in a contract entered into pursuant to section 29-1-203 that establishes a separate legal entity and specifies that the provisions of this section apply to the entity, such an entity has the following powers:
he division of local government in the department of local affairs and the division shall retain the contract and amendments as a public record.
(3) In addition to any other powers set forth in a contract entered into pursuant to section 29-1-203 that establishes a separate legal entity and specifies that the provisions of this section apply to the entity, such an entity has the following powers:
(a) To issue bonds, notes, or other financial obligations payable solely from revenue derived from one or more of the functions, services, systems, or facilities of the separate legal entity, from money received under contracts entered into by the separate legal entity, or from other available money of the separate legal entity. The terms, conditions, and details of bonds, notes, or other financial obligations, including related procedures and refunding conditions, must be set forth in the resolution of the separate legal entity authorizing the bonds, notes, or other financial obligations and must, to the extent practical, be substantially the same as those provided in part 4 of article 35 of title 31, C.R.S., relating to water and sewer revenue bonds; except that the purposes for which the same may be issued are not limited to the financing of water or sewerage facilities. Bonds, notes, or other financial obligations issued under this paragraph (a) are not an indebtedness of the separate legal entity or the cooperating or contracting parties within the meaning of any provision or limitation specified in the state constitution or law. Each bond, note, or other financial obligation issued under this paragraph (a) must recite in substance that it is payable solely from the revenues and other available funds of the separate legal entity pledged for the payment thereof and that it is not a debt of the separate legal entity or the cooperating or contracting parties within the meaning of any provision or limitation specified in the state constitution or law. Notwithstanding anything in this paragraph (a) to the contrary, bonds, notes, and other obligations may be issued to mature at such times not beyond forty years from their respective issue dates, shall bear interest at such rates, and shall be sold at, above, or below the principal amount thereof, at a public or private sale, all as determined by the board of directors of the separate legal entity. Interest on any bond, note, or other financial obligation issued under this paragraph (a) hereof is exempt from taxation except as otherwise may be provided by law. The resolution, trust indenture, or other security agreement under which bonds, notes, or other financial obligations are issued is a contract with the holders thereof and may contain such provisions as the board of directors of the separate legal entity determine to be appropriate and necessary in connection with the issuance thereof and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in revenue, money, rights, or property of the separate legal entity.
(b) To acquire, lease, and sell property.
and may contain such provisions as the board of directors of the separate legal entity determine to be appropriate and necessary in connection with the issuance thereof and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in revenue, money, rights, or property of the separate legal entity.
(b) To acquire, lease, and sell property.
(c) (I) To establish special or local improvement districts within the boundaries of and with the consent of any of the counties, municipalities, special districts, or other political subdivisions that contract to establish the separate legal entity and levy special assessments on property specially benefited by improvements, functions, services or facilities, including forest health projects, as defined in section 37-95-103 (4.9), that the separate legal entity is authorized to provide.
(II) The name of a special or local improvement district must include the name of the separate legal entity that established it.
(III) Assessments must be levied on a frontage, area, zone, or other equitable basis and only:
(A) With the written consent of all of the owners of the property to be assessed; or
(B) Upon approval of a majority of the eligible electors of the district within the special or local improvement district voting thereon.
(IV) The method of creating a special or local improvement district, undertaking the improvements, functions, services, or facilities specified for the improvement district, and levying and collecting assessments for the costs of such undertaking specified for the improvement district shall be, as provided in part 5 of article 25 of title 31 for a special improvement district and as provided in part 6 of article 20 of title 30 for a local improvement district, subject to the following:
(A) The separate legal entity shall have all the rights, powers, and duties of a municipality and its governing body as set forth in parts 5 and 11 of article 25 of title 31 or of a county and its board of county commissioners as set forth in part 6 of article 20 of title 30;
(B) The board of directors of the separate legal entity constitutes the governing body and board of the improvement district;
(C) The board of directors shall appoint officers who shall perform the duties of the officers as set forth in part 5 of article 25 of title 31 or part 6 of article 20 of title 30, as applicable; and
(D) All actions taken by the board of directors pursuant to the provisions of part 5 of article 25 of title 31 shall be by resolution, notwithstanding any reference in said part 5 to action by ordinance.
(3.5) A separate legal entity established by contract pursuant to section 29-1-203 that has issued bonds, notes, or other financial obligations as authorized by paragraph (a) of subsection (3) of this section is subject to the "Public Securities Information Reporting Act", article 58 of title 11, C.R.S., and shall file an annual information report, to the extent practical, in the manner specified in section 11-58-105, C.R.S.
(4) A contract entered into pursuant to section 29-1-203 that establishes a separate legal entity and specifies that the provisions of this section apply to the entity shall provide that, upon dissolution of the separate legal entity, all of its property is transferred to, or at the direction of, one or more of the contracting political subdivisions.
C.R.S. § 29-1-204 Establishment of separate governmental entity
29-1-204. Establishment of separate governmental entity. (1) Any combination of cities and towns of this state which are authorized to own and operate electric systems may, by contract with each other or with cities and towns of any adjoining state, establish a separate governmental entity, to be known as a power authority, to be used by such contracting municipalities to effect the development of electric energy resources or production and transmission of electric energy in whole or in part for the benefit of the inhabitants of such contracting municipalities.
(2) Any contract establishing such separate governmental entity shall specify:
(a) The name and purpose of such entity and the functions or services to be provided by such entity;
(b) The establishment and organization of a governing body of the entity, which shall be a board of directors in which all legislative power of the entity is vested, including:
(I) The number of directors, their manner of appointment, their terms of office, their compensation if any, and the procedure for filling vacancies on the board;
(II) The officers of the entity, the manner of their selection, and their duties;
(III) The voting requirements for action by the board; except that, unless specifically provided otherwise, a majority of directors shall constitute a quorum, and a majority of the quorum shall be necessary for any action taken by the board;
(IV) The duties of the board which shall include the obligation to comply with the provisions of parts 1, 5, and 6 of this article;
(c) Provisions for the disposition, division, or distribution of any property or assets of the entity;
(d) The term of the contract, which may be continued for a definite term or until rescinded or terminated, and the method, if any, by which it may be rescinded or terminated; except that such contract may not be rescinded or terminated so long as the entity has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations.
(3) The general powers of such entity shall include the following powers:
(a) To develop electric energy resources and produce or transmit electric energy in whole or in part for the benefit of the inhabitants of the contracting municipalities;
(b) To make and enter into contracts, including, without limitation, contracts with cities and towns in any adjoining state, irrespective of whether such cities and towns are parties to the contract establishing the separate governmental entity;
(c) To employ agents and employees;
(d) To acquire, construct, manage, maintain, or operate electric energy facilities, works, or improvements or any interest therein;
(e) To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of any real or personal property, commodity, or service;
(f) To condemn property for public use, if such property is not owned by any public utility and devoted to such public use pursuant to state authority;
(g) To incur debts, liabilities, or obligations;
(h) To sue and be sued in its own name;
(i) To have and use a corporate seal;
(j) To fix, maintain, and revise fees, rates, and charges for functions, services, or facilities provided by the entity;
(k) To adopt, by resolution, regulations respecting the exercise of its powers and the carrying out of its purposes;
(l) To exercise any other powers which are essential to the provision of functions, services, or facilities by the entity and which are specified in the contract;
(m) To do and perform any acts and things authorized by this section under, through, or by means of an agent or by contracts with any person, firm, or corporation;
ecting the exercise of its powers and the carrying out of its purposes;
(l) To exercise any other powers which are essential to the provision of functions, services, or facilities by the entity and which are specified in the contract;
(m) To do and perform any acts and things authorized by this section under, through, or by means of an agent or by contracts with any person, firm, or corporation;
(n) To deposit moneys of the power authority not then needed in the conduct of the power authority affairs in any depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the board of directors may appoint, by written resolution, one or more persons to act as custodians of the moneys of the power authority. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires.
(o) To acquire or cross railroad rights-of-way in the manner set forth in section 40-5-105, C.R.S.
(4) The separate governmental entity established by such contracting municipalities shall be a political subdivision and a public corporation of the state, separate from the parties to the contract, and shall be a validly created and existing political subdivision and public corporation of the state, irrespective of whether a contracting municipality, including a city or town of an adjoining state, withdraws (whether voluntarily, by operation of law, or otherwise) from such entity subsequent to its creation under circumstances not resulting in the rescission or termination of the contract establishing such entity pursuant to its terms. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The provisions of articles 10.5 and 47 of title 11, C.R.S., shall apply to moneys of the entity.
(5) The bonds, notes, and other obligations of such separate governmental entity shall not be the debts, liabilities, or obligations of the contracting municipalities.
(6) The contracting municipalities may provide in the contract for payment to the separate governmental entity of funds from proprietary revenues for services rendered by the entity, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth in the contract, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the entity.
(7) (a) To carry out the purposes for which the separate governmental entity was established, the entity is authorized to issue bonds, notes, or other obligations payable solely from the revenues derived or to be derived from the function, service, or facility or the combined functions, services, or facilities of the entity or from any other available funds of the entity. The terms, conditions, and details of said bonds, notes, and other obligations, the procedures related thereto, and the refunding thereof shall be set forth in the resolution authorizing said bonds, notes, or other obligations and shall, as nearly as may be practicable, be substantially the same as those provided in part 4 of article 35 of title 31, C.R.S., relating to water and sewer revenue bonds; except that the purposes for which the same may be issued shall not be so limited and except that said bonds, notes, and other obligations may be sold at public or private sale. Bonds, notes, or other obligations issued under this subsection (7) shall not constitute an indebtedness of the entity or the cooperating or contracting municipalities within the meaning of any constitutional or statutory limitation or other provision
which the same may be issued shall not be so limited and except that said bonds, notes, and other obligations may be sold at public or private sale. Bonds, notes, or other obligations issued under this subsection (7) shall not constitute an indebtedness of the entity or the cooperating or contracting municipalities within the meaning of any constitutional or statutory limitation or other provision. Each bond, note, or other obligation issued under this subsection (7) shall recite in substance that said bond, note, or other obligation, including the interest thereon, is payable solely from the revenues and other available funds of the entity pledged for the payment thereof and that said bond, note, or other obligation does not constitute a debt of the entity or the cooperating or contracting municipalities within the meaning of any constitutional or statutory limitations or provisions. Notwithstanding anything in this section to the contrary, such bonds, notes, and other obligations may be issued to mature at such times not beyond forty years from their respective issue dates, shall bear interest at such rates, and shall be sold at, above, or below the principal amount thereof, all as shall be determined by the board of the entity. Notwithstanding anything in this section to the contrary, in the case of short-term notes or other obligations maturing not later than one year from the date of issuance thereof, the board of the entity may authorize officials of the entity to fix principal amounts, maturity dates, interest rates, and purchase prices of any particular issue of such short-term notes or obligations, subject to such limitations as to maximum term, maximum principal amount outstanding, and maximum net effective interest rates as the board shall prescribe by resolution. Such action may be taken by the board of the entity only at a public meeting preceded by adequate notice, and the action of the board shall be properly recorded on the permanent records of the board.
(b) The resolution, trust indenture, or other security agreement under which any bonds, notes, or other obligations are issued shall constitute a contract with the holders thereof, and it may contain such provisions as shall be determined by the board of the entity to be appropriate and necessary in connection with the issuance thereof and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in any revenues, funds, rights, or properties of the entity. The bonds, notes, and other obligations of the entity and the income therefrom shall be exempt from taxation, except inheritance, estate, and transfer taxes.
(8) A separate governmental entity established by contracting municipalities shall, if the contract so provides, be the successor to any nonprofit corporation, agency, or other entity theretofore organized by the contracting municipalities to provide the same function, service, or facility, and such separate governmental entity shall be entitled to all rights and privileges and shall assume all obligations and liabilities of such other entity under existing contracts to which such other entity is a party.
(9) The authority granted pursuant to this section shall in no manner limit the powers of governments to enter into intergovernmental cooperation or contracts or to establish separate legal entities pursuant to the provisions of section 29-1-203 or any other applicable law or otherwise to carry out their powers under applicable statutory or charter provisions, nor shall such authority limit the powers reserved to cities and towns by section 2 of article XI of the state constitution. Nothing in this part 2 constitutes a legislative declaration of preference for electric systems owned by separate governmental entities over electric systems owned by other or different entities.
ise to carry out their powers under applicable statutory or charter provisions, nor shall such authority limit the powers reserved to cities and towns by section 2 of article XI of the state constitution. Nothing in this part 2 constitutes a legislative declaration of preference for electric systems owned by separate governmental entities over electric systems owned by other or different entities.
(10) For the purposes of subsection (1), paragraph (b) of subsection (3), and subsection (4) of this section, "cities and towns of any adjoining state" means any city or town located in any state sharing a common border with the state of Colorado which owns an electric system and which is located not more than fifteen miles from the common border of the state of Colorado and such adjoining state.
C.R.S. § 29-1-204.2 Establishment of separate governmental entity to develop water resources, systems, facilities, and drainage facilities
29-1-204.2. Establishment of separate governmental entity to develop water resources, systems, facilities, and drainage facilities. (1) Any combination of municipalities, special districts, or other political subdivisions of this state that are authorized to own and operate water systems or facilities or drainage facilities may establish, by contract with each other, a separate governmental entity, to be known as a water or drainage authority, to be used by such contracting parties to effect the development of water resources, systems, or facilities or of drainage facilities in whole or in part for the benefit of the inhabitants of such contracting parties or others at the discretion of the board of directors of the water or drainage authority.
(2) Any contract establishing such separate governmental entity shall specify:
(a) The name and purpose of such entity and the functions or services to be provided by such entity;
(b) The establishment and organization of a governing body of the entity, which shall be a board of directors in which all legislative power of the entity is vested, including:
(I) The number of directors, their manner of appointment, their terms of office, their compensation, if any, and the procedure for filling vacancies on the board;
(II) The officers of the entity, the manner of their selection, and their duties;
(III) The voting requirements for action by the board; except that, unless specifically provided otherwise, a majority of directors shall constitute a quorum, and a majority of the quorum shall be necessary for any action taken by the board;
(IV) The duties of the board, which shall include the obligation to comply with the provisions of parts 1, 5, and 6 of this article;
(c) Provisions for the disposition, division, or distribution of any property or assets of the entity;
(d) The term of the contract, which may be continued for a definite term or until rescinded or terminated, and the method, if any, by which it may be rescinded or terminated; except that such contract may not be rescinded or terminated so long as the entity has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations;
(e) The conditions or requirements to be fulfilled for adding or deleting parties to the contract in the future or for providing water services and drainage facilities to others outside the boundaries of the contracting parties.
(3) The general powers of such entity shall include the following powers:
(a) To develop water resources, systems, or facilities or drainage facilities in whole or in part for the benefit of the inhabitants of the contracting parties or others, at the discretion of the board of directors, subject to fulfilling any conditions or requirements set forth in the contract establishing the entity;
(b) To make and enter into contracts;
(c) To employ agents and employees;
(d) To acquire, construct, manage, maintain, or operate water systems, facilities, works, or improvements, or drainage facilities, or any interest therein;
(e) To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of any real or personal property utilized only for the purposes of water treatment, distribution, and wastewater disposal, or of drainage;
(f) To condemn property for use as rights-of-way only if such property is not owned by any public utility and devoted to such public use pursuant to state authority;
(g) To incur debts, liabilities, or obligations;
(h) To sue and be sued in its own name;
(i) To have and use a corporate seal;
(j) To fix, maintain, and revise fees, rates, and charges for functions, services, or facilities provided by the entity;
(k) To adopt, by resolution, regulations respecting the exercise of its powers and the carrying out of its purpose;
se pursuant to state authority;
(g) To incur debts, liabilities, or obligations;
(h) To sue and be sued in its own name;
(i) To have and use a corporate seal;
(j) To fix, maintain, and revise fees, rates, and charges for functions, services, or facilities provided by the entity;
(k) To adopt, by resolution, regulations respecting the exercise of its powers and the carrying out of its purpose;
(l) To exercise any other powers which are essential to the provision of functions, services, or facilities by the entity and which are specified in the contract;
(m) To do and perform any acts and things authorized by this section under, through, or by means of an agent or by contracts with any person, firm, or corporation;
(n) To permit other municipalities, special districts, or political subdivisions of this state that are authorized to supply water or to provide drainage facilities to enter the contract at the discretion of the board of directors, subject to fulfilling any and all conditions or requirements of the contract establishing the entity; except that rates need not be uniform between the authority and the contracting parties;
(o) To provide for the rehabilitation of any surfaces adversely affected by the construction of water pipelines, facilities, or systems or of drainage facilities through the rehabilitation of plant cover, soil stability, and other measures appropriate to the subsequent beneficial use of such lands;
(p) To justly indemnify property owners or others affected for any losses or damages incurred, including reasonable attorney fees, or that may subsequently be caused by or which result from actions of such corporations.
(4) The separate governmental entity established by such contracting parties shall be a political subdivision and a public corporation of the state, separate from the parties to the contract. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The provisions of articles 10.5 and 47 of title 11, C.R.S., shall apply to moneys of the entity.
(5) The bonds, notes, and other obligations of a water or drainage authority formed under the provisions of this section shall not be the debts, liabilities, or obligations of the original contracting parties or parties that may enter the establishing contract in the future.
(6) The contracting parties may provide in the contract for payment to the separate governmental entity of funds from proprietary revenues for services rendered by the entity, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth in the contract, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the entity.
(7) (a) To carry out the purposes for which the separate governmental entity was established, the entity is authorized to issue bonds, notes, or other obligations payable solely from the revenues derived from the function, service, system, or facility or the combined functions, services, systems, or facilities of the entity or from any other available funds of the entity. The terms, conditions, and details of said bonds, notes, and other obligations, the procedures related thereto, and the refunding thereof shall be set forth in the resolution authorizing said bonds, notes, or other obligations and, as nearly as may be practicable, shall be substantially the same as those provided in part 4 of article 35 of title 31, C.R.S., relating to water and sewer revenue bonds; except that the purposes for which the same may be issued shall not be so limited and except that said bonds, notes, and other obligations may be sold at public or private sale. Bonds, notes, or other obligations issued under this subsection (7) shall not constitute an indebtedness of the entity or the cooperating or contracting parties within the meaning of any constitutional or statutory limitations or other provision
s for which the same may be issued shall not be so limited and except that said bonds, notes, and other obligations may be sold at public or private sale. Bonds, notes, or other obligations issued under this subsection (7) shall not constitute an indebtedness of the entity or the cooperating or contracting parties within the meaning of any constitutional or statutory limitations or other provision. Each bond, note, or other obligation issued under this subsection (7) shall recite in substance that said bond, note, or other obligation, including the interest thereon, is payable solely from the revenues and other available funds of the entity pledged for the payment thereof and that said bond, note, or other obligation does not constitute a debt of the entity or the cooperating or contracting parties within the meaning of any constitutional or statutory limitation or provision. Notwithstanding anything in this section to the contrary, such bonds, notes, and other obligations may be issued to mature at such times not beyond forty years from their respective issue dates, shall bear interest at such rates, and shall be sold at, above, or below the principal amount thereof, all as shall be determined by the board of directors of the entity.
(b) The resolution, trust indenture, or other security agreement under which any bonds, notes, or other obligations are issued shall constitute a contract with the holders thereof, and it may contain such provisions as shall be determined by the board of directors of the entity to be appropriate and necessary in connection with the issuance thereof and to provide security for the payment thereof, including, without limitation, any mortgage or other security interest in any revenues, funds, rights, or properties of the entity. The bonds, notes, and other obligations of the entity and the income therefrom shall be exempt from taxation by this state, except inheritance, estate, and transfer taxes.
(8) A separate governmental entity established by contract, if the contract so provides, shall be the successor to any nonprofit corporation, agency, or other entity theretofore organized by the contracting parties to provide the same function, service, system, or facility, and such separate governmental entity shall be entitled to all rights and privileges and shall assume all obligations and liabilities of such other entity under existing contracts to which such other entity is a party.
(9) The authority granted pursuant to this section shall in no manner limit the powers of governments to enter into intergovernmental cooperation or contracts or to establish separate legal entities pursuant to the provisions of section 29-1-203 or any other applicable law or otherwise to carry out their powers under applicable statutory or charter provisions, nor shall such authority limit the powers reserved to cities and towns by section 2 of article XI of the state constitution. Nothing in this part 2 constitutes a legislative declaration of preference for water systems or facilities or for drainage facilities owned by separate governmental entities over water systems or facilities or over drainage facilities owned by other or different entities.
C.R.S. § 29-1-204.5 Establishment of multijurisdictional housing authorities
29-1-204.5. Establishment of multijurisdictional housing authorities. (1) Any combination of home rule or statutory cities, towns, counties, and cities and counties of this state may, by contract with each other, establish a separate governmental entity to be known as a multijurisdictional housing authority, referred to in this section as an "authority". Such an authority may be used by such contracting member governments to effect the planning, financing, acquisition, construction, reconstruction or repair, maintenance, management, and operation of housing projects or programs pursuant to a multijurisdictional plan:
(a) To provide dwelling accommodations at rental prices or purchase prices within the means of families of low or moderate income; and
(b) To provide affordable housing projects or programs for employees of employers located within the jurisdiction of the authority.
(2) Any contract establishing any such authority shall specify:
(a) The name and purpose of such authority and the functions or services to be provided by such authority;
(a.5) The boundaries of the authority, which boundaries may include less than the entire area of the separate governmental entities and may be modified after the establishment of the authority as provided in the contract;
(b) The establishment and organization of a governing body of the authority, which shall be a board of directors, referred to in this section as the "board", in which all legislative power of the authority is vested, including:
(I) The number of directors, their manner of appointment, their terms of office, their compensation, if any, and the procedure for filling vacancies on the board;
(II) The officers of the authority, the manner of their selection, and their duties;
(III) The voting requirements for action by the board; except that, unless specifically provided otherwise, a majority of directors shall constitute a quorum, and a majority of the quorum shall be necessary for any action taken by the board;
(IV) The duties of the board, which shall include the obligation to comply with the provisions of parts 1, 5, and 6 of this article;
(c) Provisions for the disposition, division, or distribution of any property or assets of the authority;
(d) The term of the contract, which may be continued for a definite term or until rescinded or terminated, and the method, if any, by which it may be rescinded or terminated; except that such contract may not be rescinded or terminated so long as the authority has bonds, notes, or other obligations outstanding, unless provision for full payment of such obligations, by escrow or otherwise, has been made pursuant to the terms of such obligations;
(e) The expected sources of revenue of the authority and any requirements that contracting member governments consent to the levying of any taxes or development impact fees within the jurisdiction of such member. If the authority levies any taxes or development impact fees, the contract shall further include requirements that:
(I) Prior to and as a condition of levying any such taxes or fees, the board shall adopt a resolution determining that the levying of such taxes or fees will fairly distribute the costs of the authority's activities among the persons and businesses benefited thereby and will not impose an undue burden on any particular group of persons or businesses;
(II) Each such tax or fee shall conform with any requirements specified in subsection (3) of this section; and
s, the board shall adopt a resolution determining that the levying of such taxes or fees will fairly distribute the costs of the authority's activities among the persons and businesses benefited thereby and will not impose an undue burden on any particular group of persons or businesses;
(II) Each such tax or fee shall conform with any requirements specified in subsection (3) of this section; and
(III) [Editor's note: This version of subsection (2)(e)(III) is effective until July 1, 2025.] The authority shall designate a financial officer who shall coordinate with the department of revenue regarding the collection of a sales and use tax authorized pursuant to paragraph (f.1) of subsection (3) of this section. This coordination shall include but not be limited to the financial officer identifying those businesses eligible to collect the sales and use tax and any other administrative details identified by the department.
(III) [Editor's note: This version of subsection (2)(e)(III) is effective July 1, 2025.] The authority shall designate a liaison who shall coordinate with the department of revenue regarding the collection of a sales and use tax pursuant to part 2 of article 2 of this title 29. This coordination shall include but not be limited to the liaison identifying those businesses eligible to collect the sales and use tax and any other administrative details identified by the department.
(3) [Editor's note: This version of the introductory portion to subsection (3) is effective until July 1, 2025.] The general powers of such authority shall include the following powers:
(3) [Editor's note: This version of the introductory portion to subsection (3) is effective July 1, 2025.] The general powers of the authority include the following:
(a) To plan, finance, acquire, construct, reconstruct or repair, maintain, manage, and operate housing projects and programs pursuant to a multijurisdictional plan within the means of families of low or moderate income;
(a.5) To plan, finance, acquire, construct, reconstruct or repair, maintain, manage, and operate affordable housing projects or programs for employees of employers located within the jurisdiction of the authority;
(b) To make and enter into contracts with any person, including, without limitation, contracts with state or federal agencies, private enterprises, and nonprofit organizations also involved in providing such housing projects or programs or the financing for such housing projects or programs, irrespective of whether such agencies are parties to the contract establishing the authority;
(c) To employ agents and employees;
(d) To cooperate with state and federal governments in all respects concerning the financing of such housing projects and programs;
(e) To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of any real or personal property, commodity, or service;
irrespective of whether such agencies are parties to the contract establishing the authority;
(c) To employ agents and employees;
(d) To cooperate with state and federal governments in all respects concerning the financing of such housing projects and programs;
(e) To acquire, hold, lease (as lessor or lessee), sell, or otherwise dispose of any real or personal property, commodity, or service;
(f) To condemn property for public use, if such property is not owned by any governmental entity or any public utility and devoted to public use pursuant to state authority;
(f.1) [Editor's note: This version of subsection (3)(f.1) is effective until July 1, 2025.] (I) Subject to the provisions of subsection (7.5) of this section, to levy, in all of the area within the boundaries of the authority, a sales or use tax, or both, at a rate not to exceed one percent, upon every transaction or other incident with respect to which a sales or use tax is levied by the state, excluding the sale or use of cigarettes. The tax imposed pursuant to this paragraph (f.1) is in addition to any other sales or use tax imposed pursuant to law. The executive director of the department of revenue shall collect, administer, and enforce the sales or use tax, to the extent feasible, in the manner provided in section 29-2-106. However, the executive director shall not begin the collection, administration, and enforcement of a sales and use tax until such time as the financial officer of the authority and the executive director have agreed on all necessary matters pursuant to subparagraph (III) of paragraph (e) of subsection (2) of this section. The executive director shall begin the collection, administration, and enforcement of a sales and use tax on a date mutually agreeable to the department of revenue and the authority.
(II) The executive director shall make monthly distributions of the tax collections to the authority, which shall apply the proceeds solely to the planning, financing, acquisition, construction, reconstruction or repair, maintenance, management, and operation of housing projects or programs within the means of families of low or moderate income.
(III) The department of revenue shall retain an amount not to exceed the cost of the collection, administration, and enforcement and shall transmit the amount retained to the state treasurer, who shall credit the same amount to the multijurisdictional housing authority sales tax fund, which fund is hereby created in the state treasury. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of the provisions of this section. Any moneys remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such moneys, any moneys appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.
(f.1) [Editor's note: This version of subsection (3)(f.1) is effective July 1, 2025.] (I) Subject to the provisions of subsection (7.5) of this section, to levy, in all of the area within the boundaries of the authority, a sales or use tax, or both, at a rate not to exceed one percent, upon every transaction or other incident with respect to which a sales or use tax is levied by the state, excluding the sale or use of cigarettes. The tax imposed pursuant to this subsection (3)(f.1) is in addition to any other sales or use tax imposed pursuant to law. The executive director of the department of revenue shall collect, administer, and enforce the sales or use tax, as specified in part 2 of article 2 of this title 29.
dent with respect to which a sales or use tax is levied by the state, excluding the sale or use of cigarettes. The tax imposed pursuant to this subsection (3)(f.1) is in addition to any other sales or use tax imposed pursuant to law. The executive director of the department of revenue shall collect, administer, and enforce the sales or use tax, as specified in part 2 of article 2 of this title 29.
(II) The authority shall apply the monthly tax collection distributions received from the department of revenue under section 29-2-207 solely to the planning, financing, acquisition, construction, reconstruction or repair, maintenance, management, and operation of housing projects or programs within the means of families of low or moderate income.
(III) The department of revenue shall retain an amount not to exceed the cost of the collection, administration, and enforcement and shall transmit the amount retained to the state treasurer, who shall credit the same amount to the multijurisdictional housing authority sales tax fund, which fund is hereby created in the state treasury. The amounts so retained are hereby appropriated annually from the fund to the department to the extent necessary for the department's collection, administration, and enforcement of the provisions of this section. Any money remaining in the fund attributable to taxes collected in the prior fiscal year shall be transmitted to the authority; except that, prior to the transmission to the authority of such money, any money appropriated from the general fund to the department for the collection, administration, and enforcement of the tax for the prior fiscal year shall be repaid.
(f.2) Subject to the provisions of subsection (7.5) of this section, to levy, in all of the area within the boundaries of the authority, an ad valorem tax at a rate not to exceed five mills on each dollar of valuation for assessment of the taxable property within such area. The tax imposed pursuant to this paragraph (f.2) shall be in addition to any other ad valorem tax imposed pursuant to law. In accordance with the schedule prescribed by section 39-5-128, C.R.S., the board shall certify to the board of county commissioners of each county within the authority, or having a portion of its territory within the district, the levy of ad valorem property taxes in order that, at the time and in the manner required by law for the levying of taxes, such board of county commissioners shall levy such tax upon the valuation for assessment of all taxable property within the designated portion of the area within the boundaries of the authority. It is the duty of the body having authority to levy taxes within each county to levy the taxes provided by this subsection (3). It is the duty of all officials charged with the duty of collecting taxes to collect such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and when collected to pay the same to the authority ordering the levy and collection. The payment of such collections shall be made monthly to the authority or paid into the depository thereof to the credit of the authority. All taxes levied under this paragraph (f.2), together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same shall constitute, until paid, a perpetual lien on and against the property taxed, and such lien shall be on a parity with the tax lien of other general taxes.
(f.5) (I) To establish, and from time to time increase or decrease, a development impact fee and collect such fee from persons who own property located within the boundaries of the authority who apply for approval for new residential, commercial, or industrial construction in accordance with applicable ordinances, resolutions, or regulations of any county or municipality.
of other general taxes.
(f.5) (I) To establish, and from time to time increase or decrease, a development impact fee and collect such fee from persons who own property located within the boundaries of the authority who apply for approval for new residential, commercial, or industrial construction in accordance with applicable ordinances, resolutions, or regulations of any county or municipality.
(II) Notwithstanding the provisions of subparagraph (I) of this paragraph (f.5), an impact fee may only be imposed by an authority if all of the following conditions have been satisfied:
(A) No portion of the authority is located in a county with a population of more than one hundred thousand;
(B) The fee is not levied upon the development, construction, permitting, or otherwise in connection with low or moderate income housing or affordable employee housing;
(C) The rate of the fee is two dollars per square foot or less; and
(D) The authority also imposes a sales and use tax pursuant to paragraph (f.1) of this subsection (3), an ad valorem tax pursuant to paragraph (f.2) of this subsection (3), or both.
(g) To incur debts, liabilities, or obligations;
(h) To sue and be sued in its own name;
(i) To have and use a corporate seal;
(j) To fix, maintain, and revise fees, rents, security deposits, and charges for functions, services, or facilities provided by the authority;
(k) To adopt, by resolution, regulations respecting the exercise of its powers and the carrying out of its purposes;
(l) To exercise any other powers that are essential to the provision of functions, services, or facilities by the authority and that are specified in the contract;
(m) To do and perform any acts and things authorized by this section under, through, or by means of an agent or by contracts with any person, firm, or corporation;
(n) To establish enterprises for the ownership, planning, financing, acquisition, construction, reconstruction or repair, maintenance, management, or operation, or any combination of the foregoing, of housing projects or programs authorized by this section on the same terms as and subject to the same conditions provided in section 43-4-605, C.R.S.
(4) The authority established by such contracting member governments shall be a political subdivision and a public corporation of the state, separate from the parties to the contract, and shall be a validly created and existing political subdivision and public corporation of the state, irrespective of whether a contracting member government withdraws (whether voluntarily, by operation of law, or otherwise) from such authority subsequent to its creation under circumstances not resulting in the rescission or termination of the contract establishing such authority pursuant to its terms. It shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a public body politic and corporate. The authority may deposit and invest its moneys in the manner provided in section 43-4-616, C.R.S.
(5) The bonds, notes, and other obligations of such authority shall not be the debts, liabilities, or obligations of the contracting member governments.
(6) The contracting member governments may provide in the contract for payment to the authority of funds from proprietary revenues for services rendered or facilities provided by the authority, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth in the contract, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the authority.
may provide in the contract for payment to the authority of funds from proprietary revenues for services rendered or facilities provided by the authority, from proprietary revenues or other public funds as contributions to defray the cost of any purpose set forth in the contract, and from proprietary revenues or other public funds as advances for any purpose subject to repayment by the authority.
(7) (Deleted by amendment, L. 2001, p. 966, § 1, effective August 8, 2001.)
(7.1) The authority may issue revenue or general obligation bonds, as the term bond is defined in section 43-4-602 (3), C.R.S., and may pledge its revenues and revenue-raising powers for the payment of such bonds. Such bonds shall be issued on the terms and subject to the conditions set forth in section 43-4-609, C.R.S.
(7.3) The income or other revenues of the authority, all properties at any time owned by an authority, any bonds issued by an authority, and the transfer of and the income from any bonds issued by the authority are exempt from all taxation and assessments in the state.
(7.5) (a) No action by an authority to establish or increase any tax or development impact fee authorized by this section shall take effect unless first submitted to a vote of the registered electors of the authority in which the tax or development impact fee is proposed to be collected.
(b) No action by an authority creating a multiple-fiscal year debt or other financial obligation that is subject to section 20 (4)(b) of article X of the state constitution shall take effect unless first submitted to a vote of the registered electors residing within the boundaries of the authority; except that no such vote is required for obligations of enterprises established under paragraph (n) of subsection (3) of this section or for obligations of any other enterprise under section 20 (4) of article X of the state constitution.
(c) The questions proposed to the registered electors under paragraphs (a) and (b) of this subsection (7.5) shall be submitted at a general election or any election to be held on the first Tuesday in November of an odd-numbered year. The action shall not take effect unless a majority of the registered electors voting thereon at the election vote in favor thereof. The election shall be conducted in substantially the same manner as county elections and the county clerk and recorder of each county in which the election is conducted shall assist the authority in conducting the election. The authority shall pay the costs incurred by each county in conducting such an election. No moneys of the authority may be used to urge or oppose passage of an election required under this section.
(7.7) (a) For the purpose of determining any authority's fiscal year spending limit under section 20 (7)(b) of article X of the state constitution, the initial spending base of the authority shall be the amount of revenues collected by the authority from sources not excluded from fiscal year spending pursuant to section 20 (2)(e) of article X of the state constitution during the first full fiscal year for which the authority collected revenues.
hority's fiscal year spending limit under section 20 (7)(b) of article X of the state constitution, the initial spending base of the authority shall be the amount of revenues collected by the authority from sources not excluded from fiscal year spending pursuant to section 20 (2)(e) of article X of the state constitution during the first full fiscal year for which the authority collected revenues.
(b) For purposes of this subsection (7.7), "fiscal year" means any year-long period used by an authority for fiscal accounting purposes.
(8) An authority established by contracting member governments shall, if the contract so provides, be the successor to any nonprofit corporation, agency, or other entity theretofore organized by the contracting member governments to provide the same function, service, or facility, and such authority shall be entitled to all the rights and privileges and shall assume all the obligations and liabilities of such other entity under existing contracts to which such other entity is a party.
(9) The authority granted pursuant to this section shall in no manner limit the powers of governments to enter into intergovernmental cooperation or contracts or to establish separate legal entities pursuant to the provisions of section 29-1-203 or any other applicable law or otherwise to carry out their individual powers under applicable statutory or charter provisions, nor shall such authority limit the powers reserved to cities and towns by section 2 of article XI of the state constitution. Nothing in this part 2 constitutes a legislative declaration of preference for housing projects owned by authorities over housing projects owned by other or different entities.
(10) An authority and the property of an authority is exempt from all taxes and special assessments on the same basis and subject to the same conditions as provided for city housing authorities in sections 29-4-226 and 29-4-227. Like a city housing authority, an authority may voluntarily apply to include eligible real property, as defined in section 32-20-103 (4), in which it has an interest as described in section 29-4-226 (2) into the boundaries of the Colorado new energy improvement district created in section 32-20-104 (1) and accept the levying by the district of a special assessment, as defined in section 32-20-103 (14), against the eligible real property.
C.R.S. § 29-1-205 List of contracts - contracts establishing power authorities
29-1-205. List of contracts - contracts establishing power authorities. (1) Within thirty days after receiving a written request from the division of local government, a political subdivision shall provide the division with a current list of all contracts in effect with other political subdivisions. The list must contain the names of the contracting political subdivisions, the nature of the contract, and the expiration date thereof.
(2) Within ten days after the execution of a contract establishing a separate governmental entity pursuant to section 29-1-204, or an amendment or a modification thereof, the contracting local governments shall file a copy of such contract, amendment, or modification with the division.
(3) Failure to make any filing under this section does not invalidate any contract referred to in this section.
C.R.S. § 29-1-206 Law enforcement agreements
29-1-206. Law enforcement agreements. (1) Any county in this state that shares a common border with a county in another state, and any municipality located in such a bordering county of this state, may enter into an agreement with the bordering county of the other state or with a municipality located in the bordering county of the other state to provide for reciprocal law enforcement between the entities. The agreement shall meet the requirements of section 29-1-203 and shall include, but shall not be limited to, an additional requirement that any person who is assigned to law enforcement duty in this state pursuant to such intergovernmental agreement and section 29-5-104 (2) shall be certified as a peace officer in the other state and shall apply to the peace officers standards and training board created pursuant to section 24-31-302, C.R.S., for recognition prior to an assignment in Colorado.
(2) Repealed.
C.R.S. § 29-1-206.5 Emergency services - agreements - immunity from liability - definitions
29-1-206.5. Emergency services - agreements - immunity from liability - definitions. (1) Any county, municipality, or designated special district in this state may enter into an agreement with a county, municipality, or special district from a state bordering this state to provide emergency services. The agreement must meet the requirements of section 29-1-203.
(2) If the governor declares an emergency and activates the "Emergency Management Assistance Compact", part 29 of article 60 of title 24, C.R.S., any provision of an agreement authorized under this section that conflicts with a provision of the compact or a procedural plan or program created in accordance with the compact is void and unenforceable.
(3) (a) Any person from another state who is performing a function in this state under an agreement to provide emergency services authorized in this section has the same immunity from liability as a person from the county, municipality, or designated special district of this state performing the same function.
(b) Any person from this state who is performing a function in another state under an agreement to provide emergency services authorized in this section has the same immunity from liability in the other state that he or she would have when performing the same function in this state.
(4) As used in this section, "designated special district" means a fire protection district, fire protection authority, ambulance district, or health service district.
C.R.S. § 29-1-207 Notification to military installations by local governments of land use changes - legislative declaration - definitions
29-1-207. Notification to military installations by local governments of land use changes - legislative declaration - definitions. (Repealed)
C.R.S. § 29-1-301 Levies reduced - limitation
29-1-301. Levies reduced - limitation. (1) (a) All statutory tax levies for collection in 1989 and thereafter when applied to the total valuation for assessment of the state, each of the counties, cities, and towns not chartered as home rule except as provided in this subsection (1), and each of the fire, sanitation, irrigation, drainage, conservancy, and other special districts established by law shall be so reduced as to prohibit the levying of a greater amount of revenue than was levied in the preceding year plus five and one-half percent plus the amount of revenue abated or refunded by the taxing entity by August 1 of the current year less the amount of revenue received by the taxing entity by August 1 of the current year as taxes paid on any taxable property that had previously been omitted from the assessment roll of any year, except to provide for the payment of bonds and interest thereon, for the payment of any contractual obligation that has been approved by a majority of the qualified electors of the taxing entity, for the payment of expenses incurred in the reappraisal of classes or subclasses ordered by or conducted by the state board of equalization, for the payment to the state of excess state equalization payments to school districts which excess is due to the undervaluation of taxable property, or for the payment of capital expenditures as provided in subsection (1.2) of this section. For purposes of this subsection (1), the amount of revenues received as taxes paid on any taxable property that had been previously omitted from the assessment roll shall not include the amount of such revenues received as taxes paid on oil and gas leaseholds and lands that had been previously omitted from the assessment roll due to underreporting of the selling price or the quantity of oil or gas sold therefrom. In computing the limit, the following shall be excluded: The increased valuation for assessment attributable to annexation or inclusion of additional land, the improvements thereon, and personal property connected therewith within the taxing entity for the preceding year; the increased valuation for assessment attributable to new construction and personal property connected therewith, as defined by the property tax administrator in manuals prepared pursuant to section 39-2-109 (1)(e), C.R.S., within the taxing entity for the preceding year; the increased valuation for assessment attributable to increased volume of production for the preceding year by a producing mine if said mine is wholly or partially within the taxing entity and if said increase in volume of production causes an increase in the level of services provided by the taxing entity; and the increased valuation for assessment attributable to previously legally exempt federal property which becomes taxable if such property causes an increase in the level of services provided by the taxing entity.
(b) For property tax years beginning on or after January 1, 1991, any taxing entity may apply to the division of local government in the department of local affairs for authorization to exclude the following from the computation of the limitation set forth in paragraph (a) of this subsection (1): All or any portion of the increased valuation for assessment attributable to new primary oil or gas production for the preceding year from any producing oil and gas leasehold or land if such oil and gas leasehold or land is wholly or partially within the taxing entity and if such new primary oil or gas production has caused or will cause an increase in the level of services provided by the taxing entity.
any portion of the increased valuation for assessment attributable to new primary oil or gas production for the preceding year from any producing oil and gas leasehold or land if such oil and gas leasehold or land is wholly or partially within the taxing entity and if such new primary oil or gas production has caused or will cause an increase in the level of services provided by the taxing entity.
(c) Any application submitted by a taxing entity pursuant to paragraph (b) of this subsection (1) shall contain the following information:
(I) An explanation of the causal relationship between the new primary oil or gas production specified in paragraph (b) of this subsection (1) and the increase in the level of services provided or to be provided by the taxing entity;
(II) The statutory mill levy and estimated amount of revenue that the taxing entity would collect if said exclusion is authorized;
(III) The statutory mill levy and estimated amount of revenue that the taxing entity would collect if said exclusion is not authorized;
(IV) The nature and amount of the expenditures which would be made from any increased amount of revenues collected if said exclusion is authorized.
(d) Upon receipt of an application which complies with the provisions of paragraph (c) of this subsection (1), the division of local government may grant or deny authority to the taxing entity to exclude all or any portion of such increased valuation for assessment specified in paragraph (b) of this subsection (1). Any authorization granted pursuant to this paragraph (d) shall specify the amount of such valuation for assessment which may be excluded. If said exclusion is authorized by said division, the taxing entity shall deposit any increased amount of revenues collected as a result of said exclusion into a fund created by the taxing entity which shall consist solely of such revenues. Moneys in such fund shall be used exclusively for any increase in the level of services provided by the taxing entity which occurs as a result of the new primary oil or gas production specified in paragraph (b) of this subsection (1).
(e) Upon receipt of an application which complies with the provisions of paragraph (c) of this subsection (1), the division of local government shall provide a copy of such application to the oil and gas operators of record wherein the taxing jurisdiction the increased valuation from new primary oil and gas production has occurred.
(f) Standing to challenge any determination made by the division of local government pursuant to this subsection (1) shall be limited to the owners of taxable property located wholly or partially within the taxing entity on the date the taxing entity is granted or denied authorization to make an exclusion pursuant to this subsection (1).
(1.2) (a) The limitation provided for in subsection (1) of this section shall not apply for the purpose of raising revenue to pay for capital expenditures. Such revenue shall not be included in determining the limitation in following years. For the purposes of this paragraph (a), "capital expenditure" means an expenditure made by a taxing entity for long-term additions or betterments, which expenditure, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance. This paragraph (a) shall apply to counties, cities, and towns.
ed in determining the limitation in following years. For the purposes of this paragraph (a), "capital expenditure" means an expenditure made by a taxing entity for long-term additions or betterments, which expenditure, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance. This paragraph (a) shall apply to counties, cities, and towns.
(b) If a county imposes an increased mill levy pursuant to paragraph (a) of this subsection (1.2) for a one-time, nonrecurring expenditure for a county road or bridge capital project or county road or bridge capital asset, the county may also request that the division of local government waive application of the provisions of section 43-2-202 (2), C.R.S., to the revenue received from that increased levy. In that event, said division shall notify the governing body of each municipality in the county of the request and of the period of time, not less than twenty days, during which the division will receive comment on the request. In considering whether to waive application of said section 43-2-202 (2), C.R.S., the division shall consider, among other relevant matters, the benefit of the project or asset to the municipalities in the county, the need for the project or asset, and alternative methods of and timing for financing the project or asset. No approval for such waiver shall be granted or continued until the division determines that the property tax revenues in the road and bridge fund, excluding the revenues from such increased levy, for the year for which the increase is imposed bear at least the same proportion to all countywide property tax revenues as in the immediate prior year budget.
(c) Any decision to exceed the limitation for the purpose of raising revenue for capital expenditures pursuant to this subsection (1.2) shall conform with the advertising and public hearing requirements of this paragraph (c). No taxing entity may exceed the limitation to raise such revenue unless the governing board of such taxing entity has advertised its intention to do so and unless such excess has been approved by at least two-thirds of the members of such governing board voting at a public hearing. The advertisement specified in this paragraph (c) shall be in a newspaper published within the taxing entity, and, if there is no newspaper published within the taxing entity, then by publication in a newspaper published within the county which has general circulation within the taxing entity and shall appear twice therein. The second such appearance shall not be more than eight days prior to the date upon which the public hearing is to be held. The advertisement shall be no less than one-quarter page in size and shall have a caption in capital letters in a type no smaller than twenty-four-point stating "a public hearing shall be held to consider increasing your property taxes for capital expenditures". Such advertisement shall be in a type no smaller than eighteen-point and shall not be placed in that portion of the newspaper in which legal notices and classified advertisements appear. Such advertisement shall state that such board will hold a public hearing, at a time and place fixed in the advertisement, and the purpose of such hearing and shall apprise the general public of its right to attend the hearing and make comments regarding the proposed matter. Such advertisement shall also state what the property taxes would be without such excess and what the property taxes will be with such excess and the percentage difference between such property taxes. Any public hearing held pursuant to this paragraph (c) shall be open to the general public. An opportunity shall be provided for all persons to present oral testimony within such reasonable time limits as shall be set by the board conducting the hearing
taxes would be without such excess and what the property taxes will be with such excess and the percentage difference between such property taxes. Any public hearing held pursuant to this paragraph (c) shall be open to the general public. An opportunity shall be provided for all persons to present oral testimony within such reasonable time limits as shall be set by the board conducting the hearing. Prior to the conclusion of the public hearing, the governing board of the taxing entity shall publicly announce the percent by which the mill levy required to raise such excess exceeds the mill levy computed without such excess.
(1.3) Repealed.
(1.5) All property tax revenues, except such revenues as are exempted in subsection (1) of this section, raised from any property tax levied by a taxing entity which is subject to this section, shall be combined for the purpose of determining the total amount of property tax revenue which the taxing entity is allowed to raise subject to the limitation imposed by this section. The limitation shall be applied to such aggregate property tax revenues. However, such aggregate amount shall not include any property tax revenue which is raised by or on behalf of a district, authority, or area which is within but is not comprised of the entire taxing entity and which is raised by a tax upon only property within such district, authority, or area; such property tax revenue is subject to a limitation independent of the limitation which is applied to the taxing entity within which such district, authority, or area is located. No statute establishing a set mill levy or establishing a maximum mill levy or authorizing an additional mill levy for a special purpose shall be construed as authorizing the taxing entity to exceed the limitation imposed by this section.
(1.7) For property tax years commencing on or after January 1, 1988, any taxing entity which is subject to the provisions of this section shall not levy any property tax for purposes which are exempt from the limitation imposed by subsection (1) of this section in an amount which is greater than the amount of revenues required to be raised for such purposes during any year as specified by the provisions of any contract entered into by such taxing entity or any schedule of payments established for the payment of any obligation incurred by such taxing entity. Where bonds, contractual obligations, or capital expenditures have been approved, but actual revenues required for such purposes are not known at the time the levy is set, the taxing entity may base its levy on the estimated revenues which are so required for one year only and in subsequent years the levy shall be based on the actual revenues which are so required. Nothing in this subsection (1.7) shall preclude refunding of any obligation or contract.
(2) If an increase over said limitation is allowed by the division of local government in the department of local affairs or voted by the electors of a taxing entity under the provisions of section 29-1-302, the increased revenue resulting therefrom shall be included in determining the limitation in the following year. However, any portion of such increased revenue which is allowed as a capital expenditure pursuant to section 29-1-302 (1.5) shall not be included in determining the limitation in the following year.
(3) The limitations of this part 3 shall apply to home rule counties unless provisions are included in the county home rule charter which are, as determined by the division of local government, equal to or more restrictive than the provisions of this part 3.
lowed as a capital expenditure pursuant to section 29-1-302 (1.5) shall not be included in determining the limitation in the following year.
(3) The limitations of this part 3 shall apply to home rule counties unless provisions are included in the county home rule charter which are, as determined by the division of local government, equal to or more restrictive than the provisions of this part 3.
(4) In the event of a consolidation or merger, in whole or in part, of two or more political subdivisions or taxing entities, the surviving entity or the entity assuming service responsibilities shall use a direct proportion of the combined entities' prior year property tax revenues as the base for computing the limitation in the year first succeeding such consolidation or merger.
(5) Repealed.
(6) Where a taxing entity exceeds the limitation imposed by subsection (1) of this section during any year, the division of local government shall order a reduction in the authorized revenue of the taxing entity for the subsequent year in an amount which offsets the excess revenues levied in the preceding year. Such order shall be preceded by notice to the taxing entity of the proposed order and an opportunity for the taxing entity to respond prior to issuance of the order.
C.R.S. § 29-1-301.1 Levies reduced - limitation - 1988
29-1-301.1. Levies reduced - limitation - 1988. (Repealed)
C.R.S. § 29-1-302 Increased levy - submitted to people at election
29-1-302. Increased levy - submitted to people at election. (1) If the board of any special district authorized to levy a tax or any officer charged with the duty of levying a tax in any special district is of the opinion that the amount of tax limited by section 29-1-301 will be insufficient for the needs of such special district for the current year, the question of an increased levy may be submitted to the division of local government in the department of local affairs, and it is the duty of said division to consider the public awareness of the question, the public support therefor, and the public objection thereto and to examine the needs of such special district and ascertain from such examination the financial condition thereof, and, if in the opinion of the division such special district is in need of additional funds, the said division may grant an increased levy for such special district above the limits specified in this part 3, and such special district is authorized to make such excess levy. The division of local government shall not under any circumstance grant an increased levy based upon increased valuation for assessment purposes from reappraisals. As used in this section, "special district" means any district organized pursuant to law, except school districts operating pursuant to title 22, C.R.S., which is authorized to levy an ad valorem tax on property within its boundaries, and the term includes, but is not limited to, districts organized under article 20 of title 30, C.R.S., articles 25 and 35 of title 31, C.R.S., and titles 32 and 37, C.R.S.
(1.5) (a) The general assembly recognizes the need for periodic increased levies in order to finance capital projects and purchases of capital assets which are a one-time, nonrecurring expenditure. It is the intent of the general assembly that the division of local government may grant an increased levy for such expenditures if, in its opinion, a special district, to which section 29-1-301 (1.2)(a) does not apply, is in need of additional funds for such expenditures. Any increased levy granted by the division of local government in a given year which is designated by it as a capital expenditure shall not be included in determining the limitation in the following year. If the division is of the opinion that such additional funds will be needed for two or more years after reviewing the long-range plan of the special district concerning the expenditure of such funds, it may grant an increased levy, and such increased levy shall automatically be allowed for each year during which such additional funds will be needed. During such years, the increased levy for each year shall not be included in determining the limitation in the following year.
(b) Repealed.
(2) (a) In case the division of local government, after consideration of the public awareness of the question, the public support therefor, and the public objection thereto, refuses or fails within ten days after submission to it of an adopted budget to grant an increased levy to a special district pursuant to subsection (1) or (1.5) of this section, the question may be submitted to the qualified electors of said district at a general or special election called for the purpose and in the manner provided by law for calling special elections in such special district.
(b) Any taxing entity to which section 29-1-301 (1) applies may, at its discretion, submit the question of an increased levy directly to an election of the qualified electors without first submitting the question of an increased levy to the division of local government.
pecial election called for the purpose and in the manner provided by law for calling special elections in such special district.
(b) Any taxing entity to which section 29-1-301 (1) applies may, at its discretion, submit the question of an increased levy directly to an election of the qualified electors without first submitting the question of an increased levy to the division of local government.
(c) Any city or town having a population of two thousand or less, based upon the latest estimates of the department of local affairs, may utilize the provisions of subsections (1), (1.5), and (2)(a) of this section.
(3) Due notice of submission of the question of whether to grant the increased levy shall be given as required by articles 1 to 13 of title 1, C.R.S. If a majority of the votes cast at any such election is in favor of the increased levy, then the officers charged with levying taxes may make such increased levy for the year or years voted upon.
(4) to (6) Repealed.
C.R.S. § 29-1-303 Revenue-raising limitation exemption - public disclosure of tax levy
29-1-303. Revenue-raising limitation exemption - public disclosure of tax levy. (Repealed)
C.R.S. § 29-1-304 Funding for state-mandated programs
29-1-304. Funding for state-mandated programs. (Repealed)
C.R.S. § 29-1-304.5 State mandates - prohibition - exception
29-1-304.5. State mandates - prohibition - exception. (1) No new state mandate or an increase in the level of service for an existing state mandate beyond the existing level of service required by law shall be mandated by the general assembly or any state agency on any local government unless the state provides additional moneys to reimburse such local government for the costs of such new state mandate or such increased level of service. In the event that such additional moneys for reimbursement are not provided, such mandate or increased level of service for an existing state mandate shall be optional on the part of the local government.
(2) The provisions of subsection (1) of this section shall not apply to:
(a) Any new state mandate or any increase in the level of service for an existing state mandate beyond the existing level of service which is the result of any requirement of federal law;
(b) Any new state mandate or any increase in the level of service for an existing state mandate beyond the existing level of service which is the result of any requirement of a final state or federal court order;
(c) Any modification in the share of school districts for financing the state public school system;
(d) Any new state mandate or any increase in the level of service for an existing state mandate beyond the existing level or service which is the result of any state law enacted prior to the second regular session of the fifty-eighth general assembly or any rule or regulation promulgated thereunder;
(e) Any new state mandate or any increase in the level of service for an existing state mandate beyond the existing level of service which is undertaken at the option of a local government which results in additional requirements or standards; and
(f) Any order from the state board of education pertaining to the establishment, operation, or funding of a charter school or any modification of the statutory or regulatory responsibilities of school districts pertaining to charter schools.
(3) For purposes of this section:
(a) "Increase in the level of service for an existing state mandate" does not include any increase in expenditures necessary to offset an increase in costs to provide such service due to inflation or any increase in the number of recipients of such service unless such increase results from any requirement of law which either enlarges an existing class of recipients or adds a new class of recipients.
(b) "Local government" means any county, city and county, city, or town, whether home rule or statutory, or any school district, special district, authority, or other political subdivision of the state.
(c) "Requirement of federal law" means any federal law, rule, regulation, executive order, guideline, standard, or other federal action which has the force and effect of law and which either requires the state to take action or does not directly require the state to take action but will, according to federal law, result in the loss of federal funds if state action is not taken to comply with such federal action.
(d) "State mandate" means any legal requirement established by statutory provision or administrative rule or regulation which requires any local government to undertake a specific activity or to provide a specific service which satisfies minimum state standards, including, but not limited to:
(I) Program mandates which result from orders or conditions specified by the state as to what activity shall be performed, the quality of the program, or the quantity of services to be provided; and
(II) Procedural mandates which regulate and direct the behavior of any local government in providing programs or services, including, but not limited to, reporting, fiscal, personnel, planning and evaluation, record-keeping, and performance requirements.
C.R.S. § 29-1-304.7 Programs delegated by the general assembly - termination or reduction - requirements
29-1-304.7. Programs delegated by the general assembly - termination or reduction - requirements. (1) Any local government which, pursuant to section 20 (9) of article X of the state constitution, intends to reduce or terminate its subsidy to any program delegated to such local government by the general assembly for administration shall provide written notice of such intention to the governor, the president of the senate, the speaker of the house of representatives, the chairman of the joint budget committee of the general assembly, and the head of any state department or agency affected.
(2) The notice required by this section shall contain information sufficient to identify the program and shall state whether the local government intends to reduce or terminate its subsidy to the program. If a reduction is intended, the notice shall also specify the amount of such reduction.
(3) The notice may specify an effective date for such reduction or termination; except that in no event shall the reduction or termination take effect prior to ninety days after receipt of the notice by all of the parties named in subsection (1) of this section.
(4) Any reduction or termination for which notice is given pursuant to this section shall take place over a three-year period in three equal annual amounts.
(5) The director of the division of local government of the department of local affairs is authorized and empowered, after consultation with the affected departments or agencies, if any, to promulgate, adopt, amend, and repeal such rules and regulations, as may be necessary for the implementation and administration of this section.
C.R.S. § 29-1-304.8 Programs not delegated by the general assembly
29-1-304.8. Programs not delegated by the general assembly. (1) A local district, within the meaning of section 20 (2) of article X of the state constitution, shall not reduce or end its subsidy pursuant to section 20 (9) of said article to any program if:
(a) The program is one of the inherent powers, duties, or functions of an officer whose office is created as a county office by the state constitution, including but not limited to the county clerk and recorder, the county sheriff, the county coroner, the county treasurer, the county surveyor, the county assessor, and the county attorney; or
(b) The program is required by the state constitution to be administered by the local district, including but not limited to duties related to the maintenance of the state court system and the equalization of property tax assessments.
(2) Nothing in the general assembly's enactment of a requirement that a local district contribute toward the funding of a program operated by an agency or officer which is not under the jurisdiction of that local district, including but not limited to the requirement that counties pay a portion of the costs of maintaining the office of the district attorney, shall imply that the general assembly has delegated the program to the local district for administration within the meaning of section 20 (9) of article X of the state constitution.
(3) A board of county commissioners shall not cease exercising or performing its inherent legislative, executive, or quasi-judicial powers, duties, or functions in the guise of reducing or ending its subsidy to a program pursuant to the provisions of section 20 (9) of article X of the state constitution.
(4) As used in this section:
(a) "Administration" means the executive management or superintendence of public affairs, as distinguished from policy-making.
(b) "Inherent" means in the essential character of or belonging by nature or settled habit to.
C.R.S. § 29-1-304.9 Fiscal note
29-1-304.9. Fiscal note. (1) For any proposed legislation introduced after December 31, 2009, that may have a fiscal impact on a county, school district, or board of cooperative services, the staff of the legislative council shall consider and provide in the local government impact section of the accompanying fiscal note, when possible, taking into account reasonable time constraints, the following:
(a) A reasonable and timely estimate of the fiscal impact on the counties, school districts, or boards of cooperative services chosen in accordance with subsection (2) of this section that would result from the proposed legislation; and
(b) Potential staffing and other administrative aspects of the proposed legislation.
(2) In order to compile the information required by subsection (1) of this section, the staff of the legislative council shall request from a statewide association of county commissioners or the department of education fiscal information regarding the impact of the proposed legislation on certain counties to be determined by the association, school districts, or boards of cooperative services, to be determined by the department of education.
(3) The staff of the legislative council shall consider the information received from the association, school districts, or boards of cooperative services, if any, when completing the local government impact section of any fiscal note.
C.R.S. § 29-1-305 Mill levy limits - temporary exceptions - repeal
29-1-305. Mill levy limits - temporary exceptions - repeal. (Repealed)
C.R.S. § 29-1-401 Associations formed - purpose
29-1-401. Associations formed - purpose. Two or more of the political subdivisions of the state may, in their discretion and in addition to powers granted before April 22, 1957, form and maintain associations for the purposes of promoting through investigation, discussion, and cooperative effort interests and welfare of the several political subdivisions of the state of Colorado and to promote a closer relation between the several political subdivisions of the state.
C.R.S. § 29-1-402 Instrumentality of subdivision
29-1-402. Instrumentality of subdivision. Any such association so formed shall be an instrumentality of the political subdivisions which are members thereof.
C.R.S. § 29-1-403 Legislative representation - expenses - definitions
29-1-403. Legislative representation - expenses - definitions. (1) The legislative bodies of local, political subdivisions may enter into associations and, through a representative of the association, attend the general assembly of the state of Colorado and the United States Congress and any committees thereof, and present information to aid the passage of legislation which the association deems beneficial to the local agencies in the association or to prevent the passage of legislation which the association deems detrimental to the local agencies in the association. The cost and expense incident thereto are proper charges against the local agencies comprising the association; but proper expenditures of the association shall include only the actual and necessary expenses for one representative of each association and shall not include any expenditures for expenses, travel, or entertainment of any persons other than the representative of the association.
(2) "Local agency", as used in this part 4, means county, city, or city and county. "Legislative body", as used in this part 4, means board of county commissioners in the case of a county or city and county and city council or board of trustees in the case of a city or town.
C.R.S. § 29-1-501 Short title
29-1-501. Short title. This part 5 shall be known and may be cited as the "Colorado Local Government Uniform Accounting Law".
C.R.S. § 29-1-502 Definitions
29-1-502. Definitions. As used in this part 5, unless the context otherwise requires:
(1) "Local government" means any authority, county, municipality, city and county, district, or other political subdivision of the state of Colorado, any institution, department, agency, or authority of any of the foregoing, including any county or municipal housing authority; and any other entity, organization, or corporation formed by intergovernmental agreement or other contract between or among any of the foregoing. Effective January 1, 1990, the office of the county public trustee shall be deemed an agency of the county for the purposes of this part 5. "Local government" does not include the fire and police pension association, any public entity insurance pool formed pursuant to state law, the university of Colorado hospital authority created in section 23-21-503, or any association of political subdivisions formed pursuant to section 29-1-401.
C.R.S. § 29-1-503 Appointment of advisory committee - powers and duties
29-1-503. Appointment of advisory committee - powers and duties. (1) The governor, with the advice and consent of the senate, shall appoint a six-member advisory committee on governmental accounting to assist the state auditor in formulating and prescribing a classification of accounts. The committee consists of the following members:
(a) One member who is a member of the Colorado society of certified public accountants; and
(b) Five members who are active in finance matters either as elected officials or finance officers employed by one of the following units of local government: Counties, cities and counties, cities and towns, school districts and local college districts, local improvement or special service districts, or other local entities having authority under the general laws of this state to levy taxes or impose assessments.
(2) Members shall be appointed for terms of four years; except that the terms shall be staggered so that no more than two members' terms expire in the same year.
(3) The state auditor and the controller shall be ex officio nonvoting members of the advisory committee on governmental accounting; except that the state auditor shall act as chairman of the committee and shall cast a vote only in the case of a tie.
(4) Any decision shall be adopted only upon the majority vote of the members present.
(5) (Deleted by amendment, L. 93, p. 674, § 10, effective May 1, 1993.)
C.R.S. § 29-1-504 State auditor - powers and duties
29-1-504. State auditor - powers and duties. (1) The state auditor shall formulate, prescribe, and publish a classification of accounts with the approval of the advisory committee on governmental accounting which shall be uniform for every level of local government as defined in section 29-1-502; except that each level of government may be classified according to population, and, in that event, each classification of accounts shall be uniform within each class; and except that the classification of accounts prescribed for the purpose of public schools shall be subject to the approval of the state board of education; and further except that the classification of accounts prescribed for the purpose of local college districts shall be subject to the approval of the state board for community colleges and occupational education.
(2) Upon completion of the classification of accounts for each level of government, the state auditor shall distribute the published copies of the classification of accounts promulgated by the state auditor's office to each unit of local government defined in section 29-1-502 and may distribute such copies to other interested parties. Any amendments or alterations to the original published copies must also be distributed to each unit of local government in the same manner.
(3) Upon request of the local government officials, the state auditor shall assist local government officials in implementing the classification of accounts promulgated pursuant to this section. Any travel and subsistence expense incurred by the state auditor in performing the requests must be paid by the local government.
(4) In accordance with subsection (1) of this section, the state auditor shall formulate classifications of inventory accounts for local governments; such accounts shall be required to be kept only with respect to items of property having an original cost that equals or exceeds an amount established by the governing body of each local government, unless such items having a value of less than the amount established by such governing body are required to be inventoried by directive of the state auditor. In no event shall the amount established by the governing body of any local government pursuant to this subsection (4) exceed the amount specified in rules promulgated by the state controller pursuant to section 24-30-202 regarding inventory accounts for items of state property.
C.R.S. § 29-1-505 Annual compendium
29-1-505. Annual compendium. (1) Upon completion of the first calendar year following the completion of the classification of accounts and at the close of each calendar year thereafter, the division of local government in the department of local affairs shall publish or cause to be published an annual compendium of local government as derived from the annual audit reports filed under the provisions of the Colorado local government audit law and shall include audit reports for any fiscal years ending within the calendar year. The compendium shall be arranged by the type of local government and by classes within each type as required by the classification of accounts promulgated under section 29-1-504; but, if an annual compendium of any type of local government is published by any state agency, such compendium may be accepted by the division of local government as a part of the annual compendium set out in this section.
(2) The division, with the approval of the executive director of the department of local affairs, may include such other information as may be deemed important for use by local government officials to promote and encourage sound fiscal management.
C.R.S. § 29-1-506 Continuing inventory
29-1-506. Continuing inventory. (1) The governing body of each local government shall make or cause to be made an annual inventory of property, both real and personal, belonging to such political subdivision; except that an inventory shall be required only with respect to items of property having an original cost that equals or exceeds an amount established by the governing body of each local government, unless such items having a value of less than the amount established by such governing body are required to be inventoried by directive of the state auditor. In no event shall the amount established by the governing body of any local government pursuant to this subsection (1) exceed the amount specified in rules promulgated by the state controller pursuant to section 24-30-202, C.R.S., regarding inventory accounts for items of state property.
(2) Repealed.
C.R.S. § 29-1-601 Short title
29-1-601. Short title. This part 6 shall be known and may be cited as the "Colorado Local Government Audit Law".
C.R.S. § 29-1-602 Definitions
29-1-602. Definitions. As used in this part 6, unless the context otherwise requires:
(1) "All funds and activities" means all financial activities of the reporting local government as those activities are defined by generally accepted accounting principles for governments.
(2) "Auditor" means a certified public accountant licensed to practice in Colorado as an individual, partnership, or professional corporation pursuant to article 100 of title 12 who makes an audit and prepares a report thereon as provided in this part 6.
(3) "Financial statement" means a report made by a local government summarizing the results of all funds and activities of the local government for a particular period, the duration of that period to be determined by the local government.
(4) "Fiscal year" means the period commencing January 1 and ending December 31; except that, for school districts and local college districts, "fiscal year" means the period commencing July 1 and ending June 30, and "fiscal year" may mean the federal fiscal year for water conservancy districts which have contracts with the federal government.
(5) (a) "Local government" means any authority, county, municipality, city and county, district, or other political subdivision of the state of Colorado; any institution, department, agency, or authority of any of the foregoing; and any other entity, organization, or corporation formed by intergovernmental agreement or other contract between or among any of the foregoing. Effective January 1, 1990, the office of the county public trustee shall be deemed an agency of the county for the purposes of this part 6.
(b) Except for purposes of sections 29-1-603, 29-1-604, and 29-1-606, "local government" does not include the fire and police pension association, any county or municipal housing authority, any public entity insurance pool formed pursuant to state law, the Colorado sheep and wool authority, the Colorado beef council authority, the Colorado horse development authority, the statewide internet portal authority, or any association of political subdivisions formed pursuant to section 29-1-401.
C.R.S. § 29-1-603 Audits required
29-1-603. Audits required. (1) The governing body of each local government in the state shall cause to be made an annual audit of the financial statements of the local government for each fiscal year. To the extent that the financial activities of any local government, or of any other entity, organization, or corporation formed by intergovernmental agreement or other contract between or among local governments, are fully reported in the audit or audits of a parent local government or governments, a separate audit is not required. Such audit shall be made as of the end of the fiscal year of the local government, or, at the option of the governing body, audits may be made at more frequent intervals. As part of the audit of a school district, the auditor shall ensure that the school district is complying with the provisions of section 22-44-204 (3), C.R.S., concerning the use of the financial policies and procedures handbook adopted by the state board of education. The audit report shall contain a fiscal year report of receipts and expenditures of each fund with designated program reports in accordance with the financial policies and procedures handbook. The supplemental schedules of receipts and expenditures for each fund shall be in the format prescribed by the state board of education and shall be in agreement with the audited financial statements of the school district. The department of education shall provide assistance to auditors and school districts in implementing and following these requirements.
(1.5) Repealed.
(2) The audits of each local government shall be conducted in accordance with generally accepted auditing standards by an auditor, as defined in section 29-1-602, but in no event shall any auditor audit the records, books, or accounts which he has maintained.
(3) The expenses of audits required by this part 6, whether ordered by the local government or the state auditor, shall be paid by the local government for which the audit is made. It is the duty of the governing body of the local government to make provision for payment of said expenses.
(4) The entities listed in section 29-1-602 (5)(b) shall annually have an audit made by a certified public accountant and shall file a copy of the audit report made pursuant to such audit with the state auditor no later than thirty days after the report is received by such entity.
(5) For the audit for the 1994-95 budget year and budget years thereafter, the audit report of each school district shall include a calculation of the school district's fiscal year spending under section 20 of article X of the state constitution; except that, if a school district has received voter approval to retain revenues in excess of its spending limits under said section 20 (7), the school district shall include a calculation of its fiscal year spending for the first fiscal year following said voter approval but need not include such calculation for fiscal years thereafter.
C.R.S. § 29-1-604 Exemptions
29-1-604. Exemptions. (1) Any local government where neither revenues nor expenditures exceed one hundred thousand dollars in any fiscal year commencing on or after January 1, 1998, may, with the approval of the state auditor, be exempt from the provisions of section 29-1-603.
(2) (a) Any local government where revenues or expenditures for any fiscal year commencing on or after January 1, 2004, but prior to January 1, 2015, are at least one hundred thousand dollars but not more than five hundred thousand dollars may, with the approval of the state auditor, be exempt from the provisions of section 29-1-603.
(b) Any local government where revenues or expenditures for any fiscal year commencing on or after January 1, 2015, are at least one hundred thousand dollars but not more than seven hundred fifty thousand dollars may, with the approval of the state auditor, be exempt from the provisions of section 29-1-603.
(3) The governing body of any local government wishing to claim exemption from the audit requirements pursuant to subsection (1) or (2) of this section shall file an application for exemption from audit. Any application filed pursuant to subsection (1) of this section shall be prepared by a person skilled in governmental accounting. Any application filed pursuant to subsection (2) of this section shall be prepared by an independent accountant with knowledge of governmental accounting. Any application filed pursuant to this subsection (3) shall be completed in accordance with regulations issued by the state auditor and shall be personally reviewed, approved, and signed by a majority of the members of the governing body. The application is to be filed with the state auditor within three months after the close of the local government's fiscal year. No exemption shall be granted prior to the close of said fiscal year. Failure to file such application shall cause the local government to lose its exemption from the provisions of section 29-1-603 for that fiscal year and the ensuing fiscal year.
C.R.S. § 29-1-605 Contents of report
29-1-605. Contents of report. (1) All reports on audits of local governments shall contain at least the following:
(a) Financial statements which shall be prepared, insofar as possible, in conformity with generally accepted governmental accounting principles setting forth the financial position and results of operation of each fund and activity of the local government and a comparison of actual figures with budgeted figures for each fund or activity for which a budget has been prepared, which financial statements shall be the representations of the local government;
(b) The unmodified opinion of the auditor with respect to the financial statements of the local government or, if an unmodified opinion cannot be expressed, a modified opinion or disclaimer of opinion containing an explanation of the reasons therefor;
(c) Full disclosure by the auditor of violations of state or local law which come to his attention.
(2) In addition to the information required by subsection (1) of this section, the report on the audit of a special district, as defined in section 32-1-103 (20), C.R.S., that has authorized but unissued general obligation debt as of the end of the fiscal year of the special district shall specify the amount of the authorized but unissued debt and any current or anticipated plan to issue the debt.
C.R.S. § 29-1-606 Submission of reports
29-1-606. Submission of reports. (1) (a) Except as otherwise required in paragraph (b) of this subsection (1), each audit required by this part 6 shall be completed and the audit report thereon submitted by the auditor to the local government within six months after the close of the fiscal year of the local government.
(b) The audit required by this part 6 for school districts shall be completed and the audit report thereon submitted by the auditor to the school district within five months after the close of the fiscal year of the school district.
(c) The audit required by this part 6 for housing authorities shall be completed and the audit report thereon submitted by the auditor to the housing authority within seven months after the close of the fiscal year of the housing authority.
(2) One copy of the audit report shall be maintained by the local government as a public record for public inspection at all reasonable times at the principal office of the local government.
(3) The local government shall forward a copy of the audit report to the state auditor within thirty days after receipt of said audit. The state auditor shall retain such copy in his office as a public record where it shall be available for public inspection at all reasonable times. In the case of a school district, a copy of the audit report shall also be submitted to the commissioner of education within thirty days after the audit report is received.
(4) If within one month after the time period provided in subsection (1) of this section the local government is unable to file an audit report with the state auditor, the governing body of the local government shall submit to the state auditor a written request for extension of time to file. Such request for extension shall be submitted no later than one month after the time period provided in subsection (1) of this section. The state auditor may authorize an extension of such time for not more than sixty days.
(5) (a) If the audit report of a local government is not filed with the state auditor within two months after the time period provided in subsection (1) of this section and the local government has not been granted an extension or exemption from the filing requirement, the state auditor shall make written notice to the local government of its delinquent status.
(b) If the audit report of a local government is not filed with the state auditor within three months after the time period provided in subsection (1) of this section, the state auditor shall either:
(I) Notify any county treasurer holding moneys of the local government which were generated pursuant to the taxing authority of such local government of the delinquent audit status of such local government and authorize such county treasurer to prohibit the release of any such moneys until the local government submits an audit report to the state auditor; or
(II) Make or cause such audit to be made at the expense of the local government. The local government shall reimburse the state auditor for all amounts advanced for the making of such audit, including any legal and court costs incurred in the making of such audit.
(6) Repealed.
(7) In addition to the other requirements of this section, a special district, as defined in section 32-1-103 (20), C.R.S., that has authorized but unissued general obligation debt as of the end of the fiscal year of the special district shall submit its audit report or a copy of its application for exemption from audit to the board of county commissioners or the governing body of the municipality that adopted a resolution of approval of the special district pursuant to section 32-1-204.5 or 32-1-204.7, C.R.S.
C.R.S., that has authorized but unissued general obligation debt as of the end of the fiscal year of the special district shall submit its audit report or a copy of its application for exemption from audit to the board of county commissioners or the governing body of the municipality that adopted a resolution of approval of the special district pursuant to section 32-1-204.5 or 32-1-204.7, C.R.S.
(8) Notwithstanding any other requirement of this part 6, in preparing the audit report required by section 29-1-603 (4), the entities listed in section 29-1-602 (5)(b) shall be subject to the additional requirements of this section to the extent practicable regardless of whether the entity is otherwise subject to the requirements of this part 6.
C.R.S. § 29-1-607 Duties of state auditor
29-1-607. Duties of state auditor. (1) The state auditor shall examine all reports submitted to him or her to determine whether the provisions of this part 6 have been complied with. If the state auditor finds that they have not been complied with, the state auditor shall notify the governing body of the local government and the auditor who submitted the audit report by submitting to them a statement of deficiencies. If the deficiencies are not corrected within ninety days from the date of the statement of deficiencies or within twelve months after the end of the fiscal year of the local government, whichever is later, the state auditor shall proceed in the same manner as provided in section 29-1-606 (5) as though no report had been filed.
(2) If the state auditor, in examining any audit report, finds an indication of violation of state law, the state auditor shall, after making such investigation as the state auditor deems necessary, consult with the attorney general, and if after such investigation and consultation the state auditor has reason to believe that there has been a violation of state law on the part of any person, the state auditor shall certify the facts to the district attorney of the judicial district in which the alleged violation occurred who shall cause appropriate proceedings to be brought.
(3) The auditor shall formulate classifications of inventory accounts for local governments, which accounts shall be required to be kept only with respect to items of property having an original cost that equals or exceeds an amount established by the governing body of each local government, unless such items having a value of less than the amount established by such governing body are required to be inventoried by directive of the state auditor. In no event shall the amount established by the governing body of any local government pursuant to this subsection (3) exceed the amount specified in rules promulgated by the state controller pursuant to section 24-30-202, C.R.S., regarding inventory accounts for items of state property.
C.R.S. § 29-1-608 Violations - penalties
29-1-608. Violations - penalties. (1) If it appears that an auditor has knowingly issued an audit report under the provisions of this part 6 containing any false or misleading statement, the state auditor shall report the matter in writing to the state board of accountancy and to the local government.
(2) Any member of the governing body of the local government or any member, officer, employee, or agent of any department, board, commission, or other agency who knowingly and willfully fails to perform any of the duties imposed upon him by this part 6, or who knowingly and willfully violates any of the provisions of this part 6, or who knowingly and willfully furnishes to the auditor or his employee any false or fraudulent information is guilty of malfeasance and, upon conviction thereof, the court shall enter judgment that such person be removed from office or employment. It is the duty of the court rendering such judgment to cause immediate notice of such removal from office or employment to be given to the proper officer of the local government so that the vacancy thus caused may be filled.
C.R.S. § 29-1-701 Short title
29-1-701. Short title. This part 7 shall be known and may be cited as the "Construction Bidding for State-funded Local Projects Act".
C.R.S. § 29-1-702 Legislative declaration
29-1-702. Legislative declaration. The general assembly hereby declares that the procedures for procurement by local government of construction projects which will be funded in whole or in part by the state through the highway users tax fund is a matter of statewide concern; that the identification and widespread publication of such projects will increase the competition for such projects leading to a decreased cost to taxpayers throughout the state; that increased privatization of such projects by local governments will aid in the development and retention of local small businesses, industries, and construction firms, will broaden the economic base of local areas, and will contribute to increased economic vitality throughout the state; and that the provisions of this part 7 are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and welfare of the people of this state.
C.R.S. § 29-1-703 Definitions
29-1-703. Definitions. As used in this part 7, unless the context otherwise requires:
(1) "Agency of local government" means any municipality, county, home rule county, or home rule city or any agency, department, division, board, bureau, commission, institution, or other authority thereof which is a budgetary unit exercising construction contracting authority or discretion and which is located in a county of thirty thousand persons or more, or a city or town of thirty thousand persons or more, according to the state demographer.
(2) "Construction contract" or "contract" means any agreement to construct, alter, improve, repair, or demolish any state-funded public project of any kind.
(3) "Cost" means the total cost of labor, materials, provisions, supplies, equipment rentals, equipment purchases, insurance, supervision, engineering, and clerical and accounting services; the reasonable value of the use of equipment, including its replacement value, owned by the agency; and the reasonable estimates of other administrative or indirect costs not otherwise directly attributable to the state-funded public project which may be reasonably apportioned to such project in accordance with generally accepted cost-accounting principles and standards. To determine the reasonable value of the use of equipment owned by the agency, the agency may utilize rates established in the department of transportation's published equipment rate schedule in force at the time of the estimate or rates established in any other similar, generally accepted, published equipment rate schedule. To determine administrative and indirect costs, the agency may utilize a good faith percentage estimate of not less than fifteen percent of the total direct costs.
(4) "Defined maintenance project" means any project that involves a significant reconstruction, alteration, or improvement of any existing road, highway, bridge, structure, facility, or other public improvement, including but not limited to repairing or seal coating of roads or highways or major internal or external reconstruction or alteration of existing structures. "Defined maintenance project" does not include routine maintenance activities such as snow removal, minor surface repair of roads or highways, cleaning of ditches, regrading of unsurfaced roads, repainting, replacement of floor coverings, or minor reconstruction or alteration of existing structures.
(5) "State-funded public project" means any construction, alteration, repair, demolition, or improvement by any agency of local government of any land, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any defined maintenance project, which are funded in whole or in part from the highway users tax fund and which may be reasonably expected to exceed one hundred fifty thousand dollars in the aggregate for any fiscal year.
C.R.S. § 29-1-704 Construction of public projects - competitive sealed bidding
29-1-704. Construction of public projects - competitive sealed bidding. (1) All construction contracts for state-funded public projects shall be awarded by competitive sealed bidding except as provided in subsection (2) of this section.
(2) Competitive sealed bidding shall not be required for:
(a) A state-funded public project for which the agency of local government receives no bids or for which all bids have been rejected;
(b) A state-funded public project for which the responsible officer determines it is necessary to make emergency procurements or contracts because there exists a threat to public health, welfare, or safety under emergency conditions, but such emergency procurements or contracts shall be made with such competition as is practicable under the circumstances; however, a written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.
(3) Nothing in this part 7 shall be construed to affect or limit any additional requirements imposed upon an agency of local government for awarding contracts for state-funded public projects.
C.R.S. § 29-1-705 Agency of local government to submit cost estimate
29-1-705. Agency of local government to submit cost estimate. (1) Whenever an agency of local government proposes to undertake the construction of a state-funded public project, by any means or method other than by a contract awarded by competitive bid, it shall prepare and submit a cost estimate in the same manner as other bidders. Such agency of government itself may not undertake the proposed state-funded public project unless it shows the lowest and most responsive cost estimate.
(2) Agencies of local government shall not be required to be bonded when performing the work on a state-funded public project.
C.R.S. § 29-1-706 Finality of determinations
29-1-706. Finality of determinations. The determinations required by section 29-1-704 (2) are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law or are not supported by substantial evidence.
C.R.S. § 29-1-707 Prohibition of dividing work of state-funded public project
29-1-707. Prohibition of dividing work of state-funded public project. It is unlawful for any person to divide the work of a state-funded public project into two or more separate projects for the sole purpose of evading or attempting to evade the requirements of this part 7.
C.R.S. § 29-1-801 Legislative declaration
29-1-801. Legislative declaration. The general assembly hereby finds and determines that statewide standards governing accountability for land development charges imposed by local governments to finance capital facilities and services are necessary and desirable to ensure reasonable certainty, stability, and fairness in the use to which moneys generated by such charges are put and to promote public confidence in local government finance. The general assembly therefore declares that this part 8 is a matter of statewide concern.
C.R.S. § 29-1-802 Definitions
29-1-802. Definitions. As used in this part 8, unless the context otherwise requires:
(1) "Capital expenditure" means any expenditure for an improvement, facility, or piece of equipment necessitated by land development which is directly related to a local government service, has an estimated useful life of five years or longer, and is required by charter or general policy of a local government pursuant to resolution or ordinance.
(2) "Land development" means any of the following:
(a) The subdivision of land;
(b) Construction, reconstruction, redevelopment, or conversion of use of land or any structural alteration, relocation, or enlargement which results in an increase in the number of service units required; or
(c) An extension of use or a new use of land which results in an increase in the number of service units required.
(3) "Land development charge" means any fee, charge, or assessment relating to a capital expenditure which is imposed on land development as a condition of approval of such land development, as a prerequisite to obtaining a permit or service. Nothing in this section shall be construed to include sales and use taxes, building or plan review fees, building permit fees, consulting or other professional review charges, or any other regulatory or administrative fee, charge, or assessment.
(4) "Local government" means a county, city and county, municipality, service authority, school district, local improvement district, law enforcement district, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, any other kind of municipal, quasi-municipal, or public corporation, or any agency or instrumentality thereof organized pursuant to law.
(5) "Service unit" means a standard unit of measure of consumption, use, generation, or discharge of the services provided by a local government.
C.R.S. § 29-1-803 Deposit of land development charge
29-1-803. Deposit of land development charge. (1) All moneys from land development charges collected, including any such moneys collected but not expended prior to January 1, 1991, shall be deposited or, if collected for another local government, transmitted for deposit, in an interest-bearing account which clearly identifies the category, account, or fund of capital expenditure for which such charge was imposed. Each such category, account, or fund shall be accounted for separately. The determination as to whether the accounting requirement shall be by category, account, or fund and by aggregate or individual land development shall be within the discretion of the local government. Any interest or other income earned on moneys deposited in said interest-bearing account shall be credited to the account. At least once annually, the local government shall publish on its official website, if any, in a clear, concise, and user-friendly format information detailing the allocation by dollar amount of each land development charge collected to an account or among accounts, the average annual interest rate on each account, and the total amount disbursed from each account, during the local government's most recent fiscal year.
(2) (Deleted by amendment, L. 2011, (HB 11-1113), ch. 23, p. 58, § 1, effective December 31, 2011.)
C.R.S. § 29-1-804 Exceptions - state-mandated charges
29-1-804. Exceptions - state-mandated charges. This part 8 shall not apply to rates, fees, charges, or other requirements which a local government is expressly required to collect by state statute and which are not imposed to fund programs, services, or facilities of the local government.
C.R.S. § 29-1-901 Definitions
29-1-901. Definitions. As used in this part 9, unless the context otherwise requires:
(1) "Local government-financed entity" means any organization, group, or entity other than a political subdivision that:
(a) Is composed of members that are political subdivisions or who are officials or employees of political subdivisions; and
(b) Derives any of its annual operating budget from dues, contributions, or other payments received from political subdivisions.
(2) "Political subdivision" means a county, city and county, city, town, service authority, school district, local improvement district, law enforcement authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.
C.R.S. § 29-1-902 Local government-financed entity - records - public inspection
29-1-902. Local government-financed entity - records - public inspection. (1) A local government-financed entity shall make the following information available for public inspection and copying during regular business hours:
(a) A list of the members of the entity;
(b) The annual operating budget of the entity that is government financed;
(c) The compensation paid to officers and employees of and to any other person performing services for the entity, including expense allowances and benefits;
(d) The name of any person lobbying, as defined in section 24-6-301 (3.5), C.R.S., on behalf of the entity and the total amount expended by the entity for lobbying over the previous twelve months;
(e) The most recent disclosure statement filed by the entity or by any person lobbying on behalf of the entity pursuant to section 24-6-302, C.R.S.
C.R.S. § 29-1-1001 Moratorium on taxes, fees, and charges - internet and online services - definitions
29-1-1001. Moratorium on taxes, fees, and charges - internet and online services - definitions. (1) (a) From May 1, 1998, to and including April 30, 2001, there shall be a temporary moratorium during which no statutory or home rule city and county, county, city, or town, nor any political subdivision of the state, including, without limitation, a special purpose authority, special district, or school district, shall impose, assess, or collect any tax, fee, or charge, however designated, upon the direct charges for provision of internet access services.
(b) Paragraph (a) of this subsection (1) shall not apply to taxes on internet access services actually collected and enforced by a home rule city on or before April 15, 1998.
(c) Paragraph (a) of this subsection (1) shall not apply to any franchise fee on interactive computer services delivered via a cable television system unless the federal communications commission or a court of competent jurisdiction determines that such services are not cable services within the meaning of 47 U.S.C. sec. 522 (6).
(1.5) (a) On and after April 30, 2001, no statutory or home rule city and county, county, city, or town, or any political subdivision of the state, including, without limitation, a special purpose authority, special district, or school district, shall impose, assess, or collect any tax, fee, or charge, however designated, upon the direct charges for provision of internet access services, whether offered separately or as part of a package or bundle of services.
(b) Paragraph (a) of this subsection (1.5) shall not apply to taxes on internet access services actually collected and enforced by a home rule city on or before April 15, 1998.
(c) Paragraph (a) of this subsection (1.5) shall not apply to any franchise fee on interactive computer services delivered via a cable television system unless the federal communications commission or a court of competent jurisdiction determines that such services are not cable services within the meaning of 47 U.S.C. sec. 522 (6).
(2) From May 1, 1998, to and including April 30, 2001, there shall be a temporary moratorium during which no provider of internet access services shall be required to collect sales or use taxes from persons who purchase taxable property or services through use of the internet unless such provider acts as a vendor of taxable property or services.
(2.5) On and after April 30, 2001, no provider of internet access services shall be required to collect sales or use taxes from persons who purchase taxable property or services through use of the internet unless such provider acts as a vendor of taxable property or services.
(3) As used in this section:
(a) "Internet" means the international computer network consisting of federal and nonfederal, interoperable, packet-controlled, switched data networks.
access services shall be required to collect sales or use taxes from persons who purchase taxable property or services through use of the internet unless such provider acts as a vendor of taxable property or services.
(3) As used in this section:
(a) "Internet" means the international computer network consisting of federal and nonfederal, interoperable, packet-controlled, switched data networks.
(b) "Internet access services" means services that provide or enable computer access by multiple users to the internet, but shall not include that portion of packaged or bundled services providing phone or television cable services when the package or bundle includes the sale of internet access services.
(4) (a) The general assembly hereby finds, determines, and declares that:
(I) Access to the internet insures access to information and government services, therefore, it is crucial that all people living in Colorado have equal access to the internet regardless of economic standing, educational background, or location. It is in the state's interest to ensure that local governments do not impose taxes on internet access, as such local taxation would inhibit equal access to the internet and the accessibility of online services for the people living in any local jurisdiction that imposes an internet access tax.
(II) Any tax on internet access imposed by a local government would present unique administrative challenges for the internet service providers required to collect that tax. Such issues include, but are not limited to, tracking which local governments impose a tax, ascertaining the location of every customer, and determining the customers from which a tax must be collected. These logistical concerns may result in an internet service provider refusing to offer service to customers living in local jurisdictions that impose a tax on internet access, thus reducing competition and disenfranchising certain localities from affordable online services.
(III) The promotion of economic development is of the utmost importance for Colorado. To foster the state's economic growth, Colorado strives to become a center for electronic commerce and taxing internet access on the state or local level would impede that goal.
(b) The general assembly further finds, determines, and declares that the imposition, assessment, or collection of any tax, fee, or charge, however designated, upon the direct charges for the provision of internet access service is a matter of statewide concern and the provisions of this section shall preempt any provisions of any local government ordinance, resolution, regulation, or other restriction to the contrary.
C.R.S. § 29-1-1002 Mobile telecommunications services - taxation by local governments - remedies - definitions
29-1-1002. Mobile telecommunications services - taxation by local governments - remedies - definitions. (1) As used in this section, unless the context otherwise requires:
(a) "Act" means the federal "Mobile Telecommunications Sourcing Act", 4 U.S.C. secs. 116 to 126, as amended.
(b) "Customer" means customer as defined in section 124 (2) of the act.
(c) "Home service provider" means home service provider as defined in section 124 (5) of the act.
(d) "Local government" means any statutory or home rule city and county, county, city, or town, and any political subdivision of the state, including, without limitation, any authority, special district, or school district.
(e) "Mobile telecommunications service" means mobile telecommunications service as defined in section 124 (7) of the act.
(f) "Place of primary use" means the place of primary use as defined in section 124 (8) of the act.
(g) "Taxing jurisdiction" means taxing jurisdiction as defined in section 124 (12) of the act.
(2) (a) On and after August 1, 2002, any local government that imposes a sales tax pursuant to section 39-26-104 (1)(c), C.R.S., on a mobile telecommunications service shall impose such tax in accordance with the provisions of the act.
(b) Pursuant to section 117 (b) of the act, mobile telecommunications service taxable by a local government on or after August 1, 2002, may be subject to any sales tax or other charge imposed by said local government on the service only if the customer's place of primary use is within the geographical boundaries of the local government.
(3) (a) If a customer believes that a tax, charge, or fee assessed by a local government in the customer's bill for a mobile telecommunications service is erroneous, or that an assignment of place of primary use or taxing jurisdiction on said bill is incorrect, the customer shall notify the home service provider in writing within two years after the date the bill was issued. The notification from the customer shall include the street address for the customer's place of primary use, the account name and number for which the customer seeks a correction, a description of the alleged error, and any other information that the home service provider may require.
(b) No later than sixty days after receipt of notice from a customer pursuant to paragraph (a) of this subsection (3), the home service provider shall review the information submitted by the customer and any other relevant information and documentation to determine whether an error was made. If the home service provider determines that an error was made, the home service provider shall refund or credit to the customer any tax, fee, or charge erroneously collected from the customer for a period not to exceed two years. If the home service provider determines that no error was made, the home service provider shall provide a written explanation of its determination to the customer.
(c) Any customer that believes a tax, charge, or fee assessed by a local government in the customer's bill for mobile telecommunications services is erroneous, or that an assignment of place of primary use or taxing jurisdiction on said bill is incorrect may file a claim in the appropriate district court only after complying with the provisions of this subsection (3).
C.R.S. § 29-1-1101 Definitions
29-1-1101. Definitions. As used in this part 11, unless the context otherwise requires:
(1) "Amount due" means the amount of a fee, fine, penalty, or other separate charge due and owing to a local government.
(2) "Delinquency charge" means a separate fee, fine, or penalty levied as a result of the late payment of an amount due. For purposes of this part 11, a delinquency charge shall not include any fee, fine, or other penalty imposed:
(a) In accordance with the express terms of a written contractual provision;
(b) As a result of the late payment of a tax;
(c) By a state, county, municipal, or other court;
(d) As a result of a check, draft, or order for the payment of money that is not paid upon presentment;
(e) In connection with the unlawful stopping, standing, or parking of a motor vehicle;
(f) By a public library upon overdue, damaged, or destroyed materials; and
(g) By a local liquor licensing authority pursuant to article 3 of title 44.
(3) "Local government" shall have the same meaning as defined in section 29-1-602 (5)(a).
C.R.S. § 29-1-1102 Delinquency charges
29-1-1102. Delinquency charges. (1) Notwithstanding any other provision to the contrary, no local government shall impose a delinquency charge except as provided in this section.
(2) No delinquency charge may be collected by a local government on any amount due that is paid in full within five days after the scheduled due date.
(3) No delinquency charge shall exceed the amount of fifteen dollars or up to five percent per month, or fraction thereof, not to exceed a total of twenty-five percent of the amount due, whichever is greater.
(4) No more than the amount set forth in subsection (3) of this section shall be collected by a local government on any amount due regardless of the period of time during which the amount due remains in default.
(5) In the event that an amount due is one of a series of payments to be made toward the satisfaction of a single fee, fine, penalty, or other charge assessed by a local government, no more than the amount set forth in subsection (3) of this section shall be collected by a local government on any one of such payments regardless of the period of time during which the payment remains in default.
(6) No interest shall be assessed on a delinquency charge.
(7) Nothing in this section shall be construed to prohibit a local government from charging interest on an amount due. In no event shall such interest be charged upon a delinquency charge or any amount other than the amount due. In no event shall any such interest charge exceed an annual percentage rate of eighteen percent or the equivalent for a longer or shorter period of time. The provisions of this subsection (7) restricting the charging of interest shall not apply to delinquent interest imposed after a tax lien is sold at a tax lien sale pursuant to article 11 of title 39, C.R.S.
(8) Nothing in this section shall be construed to prohibit a local government from recovering the costs of collection, including but not limited to disconnection or reconnection fees, reinstatement charges, or penalties assessed where fraud is involved.
C.R.S. § 29-1-1201 Legislative declaration - matter of statewide concern
29-1-1201. Legislative declaration - matter of statewide concern. The general assembly hereby finds, determines, and declares that the imposition of restrictions by a local government upon when or how often individuals may meet upon private residential property to pray, worship, or otherwise study or discuss issues relating to religious beliefs infringes upon the fundamental right to the free exercise of religion. The general assembly further finds and declares that such restrictions are of significant interest to people living outside the jurisdiction of the local government. In addition, the ability of individuals to freely determine when and how often they wish to meet for such purposes should be uniform throughout the state. Accordingly, the general assembly finds that restrictions that specifically limit when or how often individuals may meet upon private residential property to pray, worship, or otherwise study or discuss issues relating to religious beliefs are a matter of statewide concern and the provisions of this section shall preempt any provisions of any local government ordinance, resolution, regulation, or other restriction to the contrary.
C.R.S. § 29-1-1202 Local limits on time or frequency of religious meetings - definitions
29-1-1202. Local limits on time or frequency of religious meetings - definitions. On or after August 2, 2000, a local government shall be prohibited from enacting or enforcing any ordinance, resolution, regulation, or other restriction that specifically limits when or how frequently individuals in the state may meet upon private residential property to pray, worship, or otherwise study or discuss issues related to religious beliefs. For the purposes of this part 12, the term "local government" shall mean any county, city and county, city, or town, including any county, city and county, city, or town that has adopted a home rule charter.
C.R.S. § 29-1-1203 Applicability to other local laws
29-1-1203. Applicability to other local laws. This part 12 shall not be construed to affect the enactment or enforcement of laws generally regulating traffic, parking, excessive noise, or other adverse conditions affecting the health, welfare, and safety of citizens of a local government.
C.R.S. § 29-1-1301 Federal funds received by local governments - enterprises - definitions
29-1-1301. Federal funds received by local governments - enterprises - definitions. (1) For purposes of section 20 of article X of the state constitution:
(a) Any federal funds that a local government receives, regardless of whether such federal funds pass through the state prior to receipt by the local government, shall not be included in the local government's calculation of its fiscal year spending; and
(b) Any grant of federal funds that an enterprise receives, regardless of whether such federal funds pass through the state or any local government prior to receipt by the enterprise, shall not be included in the enterprise's calculation of the percentage of annual revenues that it receives in grants from the state and local governments in Colorado combined.
(2) For the purposes of this part 13:
(a) "Enterprise" has the same meaning as provided in section 20 (2)(d) of article X of the state constitution.
(b) "Federal funds" means any pecuniary resources from the national government of the United States.
(c) "Fiscal year spending" has the same meaning as provided in section 20 (2)(e) of article X of the state constitution.
(d) "Grant" means any direct cash subsidy or other direct contribution of money from the state or any local government in the state that is not required to be repaid.
(e) "Local government" means a district for purposes of section 20 of article X of the state constitution, other than the state.
(f) "State" means the central civil government of the state of Colorado, which consists of the following:
(I) The legislative, executive, and judicial branches of government established by article III of the state constitution;
(II) All organs of the branches of government specified in subparagraph (I) of this paragraph (f), including the departments of the executive branch; the legislative houses and agencies; and the appellate and trial courts and court personnel; and
(III) Any state institution of higher education that has not been designated as an enterprise.
C.R.S. § 29-1-1401 Authority of a local government to enact minimum wage laws - definition
29-1-1401. Authority of a local government to enact minimum wage laws - definition. (1) A local government may enact a law establishing a minimum wage for individuals performing work while physically within the local government's jurisdiction in accordance with section 8-6-101.
(2) As used in this section, "local government" means a:
(a) City;
(b) Home rule city;
(c) Town;
(d) Territorial charter city;
(e) City and county;
(f) County; or
(g) Home rule county.
C.R.S. § 29-1-1501 Legislative declaration
29-1-1501. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:
(a) It is imperative that the local government procurement process be free from bias so that all qualified persons and entities may compete for local government business;
(b) A fair procurement process not only ensures justice and fairness in local government contracting but broadens the procurement contractor pool, which results in efficiencies and, as warranted, promotes the growth of historically underutilized businesses, thereby creating jobs and stimulating the local government's economy; and
(c) Establishing a pilot project to identify the perceptual and substantial barriers to entry for historically underutilized businesses in local government procurement is the appropriate way to start this conversation at the state government level.
C.R.S. § 29-1-1502 Definitions
29-1-1502. Definitions. As used in this part 15, unless the context otherwise requires:
(1) "Historically underutilized business" means a business that is at least fifty-one percent owned and controlled, in both the management and day-to-day business decisions, by one or more individuals who are:
(a) United States citizens or permanent residents; and
(b) One or more of the following:
(I) Members of a racial or ethnic minority group;
(II) Non-Hispanic Caucasian women;
(III) Persons with physical or mental disabilities;
(IV) Members of the lesbian, gay, bisexual, and transgender community; or
(V) Veterans.
(2) "Local government" means any county, city and county, city, town, or special district, including any county, city and county, city, or town that has adopted a home rule charter, and any school district organized and existing pursuant to article 20 of title 22, but not including a local college district.
(3) "Persons with physical or mental disabilities" means persons who:
(a) Have impairments that substantially limit one or more major life activities;
(b) Are regarded generally by the community as having a disability; and
(c) Whose disabilities substantially limit their ability to engage in competitive business.
(4) "Procurement" means all types of local government purchasing by contract for construction, professional services, goods, or other services.
(5) "Program" means a historically underutilized business preference program for local government procurement.
(6) "Racial or ethnic minority group" means:
(a) African American persons, meaning individuals having origins in any of the black racial groups;
(b) Hispanic American persons, including persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(c) Asian American persons, including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories of the Pacific, or the Northern Mariana Islands; or persons whose origins are from subcontinent Asia, including persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal; or
(d) Native American persons, including persons who are American Indians, Eskimos, Aleuts, or Hawaiians of Polynesian descent.
(7) "Veterans" means persons who actively served in the United States armed forces and who were discharged or released under conditions other than bad conduct or dishonorable, in accordance with U.S.C. title 38, as amended. "Veterans" includes persons serving or who served in the National Guard or as reservists.
C.R.S. § 29-1-1503 Identifying barriers to entry for historically underutilized businesses in local government procurement - pilot program
29-1-1503. Identifying barriers to entry for historically underutilized businesses in local government procurement - pilot program. (1) No later than August 13, 2021, the department of local affairs shall establish a pilot program to help local governments identify perceptual and substantial barriers to entry for historically underutilized businesses in local government procurement. The department of local affairs shall ensure that the local governments that opt in to the pilot program are representative of the local governments that intersect the rural, urban, and suburban geographies of the state and are representative of the varying types of local governments. The pilot program must include at least five diverse local governments.
(2) The local governments participating in the pilot program shall:
(a) Identify program implementation needs, such as labor and technology;
(b) Determine the appropriate size contracts that would benefit from a program;
(c) Determine the appropriate type of contracts that would benefit from a program, such as, construction or service contracts, or short-term or long-term contracts;
(d) Establish a reasonable threshold for the amount of a local government's operating budget that should be allocated to the establishment and maintenance of a program;
(e) Understand the available program software and costs;
(f) Determine how we can standardize the data across local governments to being submitted to the state;
(g) Determine the required minimum participation goals or participation benchmarks of historically underutilized businesses to determine if the local government's program is fair;
(h) Determine which types of historically underutilized businesses, as specified in section 29-1-1502 (1)(b), appear to be more or less impacted;
(i) Create a sample program that all local governments may use and articulate the necessary steps to build a program; and
(j) Help articulate program goals and targets, such as determining why a program is important for the local government and what outcomes the local governments wish to see from program implementation.
(2) A pilot program participant may collaborate with the department of local affairs and the general assembly on future legislation requiring local governments to establish programs.
(3) (a) In January 2022, the department of local affairs shall report on the progress of the pilot project as part of the department's presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".
(b) In January 2023, the department of local affairs shall include the findings of the pilot project as part of the department's presentation to its committee of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".
C.R.S. § 29-1-1601 Nondisclosure agreements - protection of local government employees - definitions
29-1-1601. Nondisclosure agreements - protection of local government employees - definitions. (1) (a) Neither a local government nor a department, institution, or agency of a local government shall make it a condition of employment that an employee executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee from disclosing factual circumstances concerning the employee's employment with the local government or any of its departments, institutions, or agencies unless the prohibition or restriction in the contract or agreement is necessary to prevent disclosure of:
(I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;
(II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;
(III) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;
(IV) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by an employer's current or prospective customer, contractor, lessee, lessor, business partner, or affiliate;
(V) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a purchaser or seller of property that is engaged in negotiations or under contract with the employer;
(VI) Information bearing on the specialized details of security arrangements or criminal investigations including for elected officials or other individuals, physical infrastructure, or cybersecurity;
(VII) Information derived from communications of the employer related to threatened or pending legal or administrative action;
(VIII) Discussions that occur in an executive session authorized by section 24-6-402;
(IX) Trade secrets or information derived from trade secrets or proprietary information of the employer;
(X) Information and records not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24; or
(XI) Trade secrets owned by the employer.
g legal or administrative action;
(VIII) Discussions that occur in an executive session authorized by section 24-6-402;
(IX) Trade secrets or information derived from trade secrets or proprietary information of the employer;
(X) Information and records not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24; or
(XI) Trade secrets owned by the employer.
(b) Any provision in any contract or agreement that violates subsection (1)(a) of this section is deemed to be against public policy and is unenforceable against an employee unless the provision is intended to prevent disclosure of:
(I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;
(II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;
(III) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;
(IV) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by an employer's current or prospective customer, contractor, lessee, lessor, business partner, or affiliate;
(V) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a purchaser or seller of property that is engaged in negotiations or under contract with the employer;
(VI) Information bearing on the specialized details of security arrangements or criminal investigations including for elected officials or other individuals, physical infrastructure, or cybersecurity;
(VII) Information derived from communications of the employer related to threatened or pending legal or administrative action;
(VIII) Discussions that occur in an executive session authorized by section 24-6-402;
(IX) Trade secrets or information derived from trade secrets or proprietary information of the employer;
(X) Information and records not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24; or
(XI) Trade secrets owned by the employer.
(2) (a) Neither a local government nor a department, an institution, or an agency of a local government shall take any materially adverse employment-related action, including, without limitation, withdrawal of an offer of employment, discharge, suspension, demotion, discrimination in the terms, conditions, or privileges of employment, or other adverse action against an employee on the grounds that the employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under subsection (1)(b) of this section. The taking of such a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation.
(b) Any employer who enforces or attempts to enforce a provision deemed by a court against public policy and unenforceable pursuant to subsection (1) of this section is liable for the employee's reasonable attorney fees and costs in defending against the action.
ployment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation.
(b) Any employer who enforces or attempts to enforce a provision deemed by a court against public policy and unenforceable pursuant to subsection (1) of this section is liable for the employee's reasonable attorney fees and costs in defending against the action.
(c) An action to enforce a provision of this section must be brought in the district court for the district in which the employee is primarily employed.
(3) A settlement agreement between an employer that is a local government or a department, institution, or agency of a local government and an employee of the local government or the department, institution, or agency of the local government must be signed by both the employer and the employee.
(4) A nondisclosure agreement may not prohibit the release of information required to be released under the "Colorado Open Records Act", part 2 of article 72 of title 24.
(5) Nothing in this section prevents an employer from requiring an employee to enter into a nondisclosure agreement with a third party in the employee's official capacity and on behalf of the employer.
(6) As used in this section:
(a) "Condition of employment" means an employment-related policy, practice, requirement, or restriction dictated by an employer that an individual must agree to abide by in order to be hired by or retain employment with the employer.
(b) "Employee" means an applicant for employment with or current or past employee of a local government or a department, institution, or agency of a local government.
(c) "Local government" means a statutory or home rule county, a city and county, or a statutory or home rule municipality.
C.R.S. § 29-1-1701 Definitions
29-1-1701. Definitions. As used in this part 17, unless the context otherwise requires:
(1) "Local government" means a governmental entity authorized by law to impose ad valorem taxes on taxable property located within its territorial limits; except that the term excludes any:
(a) and (b) (Deleted by amendment, L. 2024, Second Extraordinary Session.)
(c) Local governmental entity that is subject to and has not received voter approval to exceed the revenue limit set forth in section 29-1-301 for that property tax year; and
(d) Local governmental entity or school district that does not have voter approval to collect, retain, and spend, without regard to any spending, revenue, or other limitation contained within section 20 of article X of the state constitution, the majority of the local governmental entity or school district's revenue from the imposition of ad valorem property taxes levied in any year subsequent to the approval.
(1.5) "Local governmental entity" means a local government authorized by law to impose ad valorem taxes on taxable property located within its territorial limits; except that the term excludes any:
(a) School district; and
(b) City and county, city, or town that has adopted a home rule charter.
(2) "Property tax limit" means, as applicable, the annual limit on a local governmental entity's qualified property tax revenue that is established in sections 29-1-1702 (1) and 29-1-1703 (1) and calculated pursuant to section 29-1-1703 (1) or the annual limit on a school district's qualified local share property tax revenue that is established in sections 29-1-1702.5 (2) and 29-1-1703 (3) and calculated pursuant to section 29-1-1703 (3).
(2.5) (a) "Qualified local share property tax revenue" means the total amount of property tax revenue estimated to be retained by all school districts in the state in connection with district total program funding from a property tax year exclusive of property tax revenue that is from any of the following sources or is used for any of the following purposes:
(I) The increased valuation for assessment within a school district for the preceding property tax year that is attributable to new construction and personal property connected therewith, as defined by the property tax administrator in manuals prepared pursuant to section 39-2-109 (1)(e);
(II) The increased valuation for assessment attributable to a change in law for a property tax classification or to the annexation or inclusion of additional land, the improvements thereon, and personal property connected therewith within a school district for the preceding property tax year;
(III) Increased property tax revenue attributable to the expiration of the use of a school district's incremental tax revenues diverted for the purposes of part 1 of article 25 of title 31, part 8 of article 25 of title 31, article 31 of title 30, or other tax increment financing purposes;
(IV) The valuation for assessment that was omitted from the assessment roll in the preceding property tax year;
(V) Property tax revenue abated or refunded by a school district from the property tax year;
(VI) The increase in the valuation for assessment attributable to previously legally exempt property in the previous property tax year that becomes taxable;
(VII) The increase in the valuation for assessment from producing mines or lands or leaseholds producing oil or gas in the previous property tax year;
(VIII) Property tax revenue attributable to a school district increasing the total number of mills it levies in connection with district total program funding and upon receiving the approval of the majority of a school district's voters voting thereon for such an increase in an election occurring on or after November 5, 2024;
(IX) Property tax revenue attributable to any mills a school district levies that are not levied in connection with district total program funding;
total number of mills it levies in connection with district total program funding and upon receiving the approval of the majority of a school district's voters voting thereon for such an increase in an election occurring on or after November 5, 2024;
(IX) Property tax revenue attributable to any mills a school district levies that are not levied in connection with district total program funding;
(X) Property tax revenue attributable to a change in the amount of specific ownership tax revenue paid to the district, as defined in section 22-54-103 (11), in the previous property tax year; or
(XI) Property tax revenue attributable to a change in the amount of property tax credits issued pursuant to section 22-54-106 (2.1) in the previous property tax year.
(b) Except as applied in determining the counterfactual percentage, as defined in section 29-1-1702.5 (1)(c), in determining the amount of qualified local share property tax revenue for purposes of subsections (2.5)(a)(I), (2.5)(a)(II), (2.5)(a)(IV), (2.5)(a)(VI), and (2.5)(a)(VII) of this section, the annual change in property tax revenue or valuation for assessment is assumed to be the same for the relevant property tax year as it was for the property tax year immediately preceding the relevant property tax year.
(3) "Qualified property tax revenue" means a local governmental entity's property tax revenue for a property tax year exclusive of property tax revenue that is from any of the following sources or is used for any of the following purposes:
(a) Property tax revenue from the increased valuation for assessment within the taxing entity for the preceding property tax year that is attributable to new construction and personal property connected therewith, as defined by the property tax administrator in manuals prepared pursuant to section 39-2-109 (1)(e);
(b) Property tax revenue from the increased valuation for assessment attributable to a change in law for a property tax classification or to the annexation or inclusion of additional land, the improvements thereon, and personal property connected therewith within the taxing entity for the preceding property tax year;
(c) Increased property tax revenue attributable to the expiration in the previous property tax year of the use of the local governmental entity's incremental tax revenues diverted for the purposes of part 1 of article 25 of title 31, part 8 of article 25 of title 31, article 31 of title 30, or other tax increment financing purposes;
(d) Property tax revenue for property that was omitted from the assessment roll in the preceding property tax year;
(e) Property tax revenue abated or refunded by the local governmental entity from the property tax year;
(f) Property tax revenue attributable to property that was legally exempt property in the previous property tax year that becomes taxable;
(g) Property tax revenue from producing mines or lands or leaseholds producing oil or gas;
(h) An amount to provide for the payment of bonds that have both been approved by a majority of the local governmental entity's voters voting thereon and are outstanding as of November 5, 2024, and the interest thereon, or for the payment of any other contractual obligation that has been approved by a majority of the local governmental entity's voters voting thereon outstanding as of November 5, 2024; and bonds or other contractual obligations issued in accordance with the existing voted authorization of a local governmental entity approved by a majority of the local governmental entity's voters voting thereon in accordance with section 20 of article X of the state constitution as of November 5, 2024;
(i) Property tax revenue attributable to a local governmental entity increasing the total number of mills it levies upon receiving the approval of the majority of the local governmental entity's voters voting thereon for such an increase in an election occurring on or after November 5, 2024; or
ng thereon in accordance with section 20 of article X of the state constitution as of November 5, 2024;
(i) Property tax revenue attributable to a local governmental entity increasing the total number of mills it levies upon receiving the approval of the majority of the local governmental entity's voters voting thereon for such an increase in an election occurring on or after November 5, 2024; or
(j) Property tax revenue attributable to specific ownership tax revenue paid to the local governmental entity.
(4) "Reassessment cycle" means a reassessment cycle established pursuant to section 39-1-104 (10.2).
(5) "School district" means a local government that is authorized by law to impose ad valorem taxes on taxable property located within its territorial limits and has a district total program determined by article 54 of title 22.
C.R.S. § 29-1-1702 Property tax limit imposition - temporary property tax credit - refund
29-1-1702. Property tax limit imposition - temporary property tax credit - refund. (1) For property tax years commencing on or after January 1, 2025, a local governmental entity's qualified property tax revenue for a property tax year must not increase by more than the property tax limit.
(2) (a) To prevent the local governmental entity's qualified property tax revenue from exceeding the property tax limit, a local governmental entity's governing body shall either:
(I) Enact a temporary property tax credit that is up to the number of mills necessary to prevent the local governmental entity's qualified property tax revenue from exceeding the property tax limit; or
(II) Temporarily reduce the mill levy imposed by the local government entity.
(b) Neither a temporary property tax credit enacted by a local governmental entity pursuant to subsection (2)(a)(I) of this section nor a temporary reduction by a local governmental entity pursuant to subsection (2)(a)(II) of this section of the mill levy imposed by the local governmental entity changes the underlying mill levy imposed by a local governmental entity. Therefore, reducing or eliminating a temporary property tax credit or a temporary mill levy reduction does not require prior voter approval under section 20 (4)(a) of article X of the state constitution.
(3) If a local governmental entity's qualified property tax revenue exceeds the property tax limit for a property tax year and the local governmental entity does not comply with subsection (2) of this section, then the local governmental entity shall refund any qualified property tax revenue in excess of the property tax limit for the property tax year.
C.R.S. § 29-1-1702.5 School district property tax limit imposition - temporary residential valuation for assessment adjustment - correction - definitions - repeal
29-1-1702.5. School district property tax limit imposition - temporary residential valuation for assessment adjustment - correction - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Balancing percentage" means the valuation for assessment of all residential real property, for the purpose of a levy imposed by a school district, necessary for school district qualified local share property tax revenue to equal the school district property tax limit.
(b) "Correction percentage" means the difference between the counterfactual percentage and the valuation for assessment of all residential real property for the purpose of a levy imposed by a school district for the immediately preceding property tax year.
(c) "Counterfactual percentage" means the valuation for assessment of all residential real property for the immediately preceding property tax year for the purpose of a levy imposed by a school district that would have resulted in school district qualified local share property tax revenue equaling the school district property tax limit.
(2) For property tax years commencing on or after January 1, 2025, qualified local share property tax revenue for all school districts from a property tax year must not increase by more than the school district property tax limit.
(3) (a) If the qualified local share property tax revenue for school districts from a property tax year commencing on or after January 1, 2025, would otherwise exceed the school district property tax limit, the valuation for assessment for all residential real property, for the purpose of a levy imposed by a school district, is temporarily reduced for that property tax year to the total of the balancing percentage calculated by the state board of equalization pursuant to subsection (4)(d) of this section and, if the school district qualified local share property tax revenue exceeded the school district property tax limit in the immediately preceding property tax year, the correction percentage.
(b) If the qualified local share property tax revenue for school districts from a property tax year commencing on or after January 1, 2025, is not projected to exceed the school district property tax limit, the valuation for assessment for all residential real property, for the purpose of a levy imposed by a school district, is temporarily reduced, as calculated by the state board of equalization pursuant to subsection (4)(d) of this section, for that property tax year by the correction percentage if the school district qualified local share property tax revenue exceeded the school district property tax limit in the immediately preceding property tax year.
(c) A temporary reduction in the valuation for assessment that applies to that residential real property for the purpose of a levy imposed by a school district pursuant to subsection (3)(a) of this section does not change the underlying valuation for assessment that applies to that residential real property for the purpose of a levy imposed by a school district. Therefore, reducing the amount of the temporary reduction in the valuation for assessment that applies to residential real property for the purpose of a levy imposed by a school district pursuant to subsection (3)(a) or (3)(b) of this section, or removing such a temporary reduction, from one property tax year to the next does not require prior voter approval under section 20 (4)(a) of article X of the state constitution.
amount of the temporary reduction in the valuation for assessment that applies to residential real property for the purpose of a levy imposed by a school district pursuant to subsection (3)(a) or (3)(b) of this section, or removing such a temporary reduction, from one property tax year to the next does not require prior voter approval under section 20 (4)(a) of article X of the state constitution.
(d) (I) Notwithstanding subsections (3)(a) and (3)(b) of this section, the valuation for assessment established pursuant to subsection (3)(a) of this section must not exceed the valuation for assessment established in section 39-1-104.2 that applies to residential real property for the purpose of a levy imposed by a school district.
(II) Notwithstanding subsection (2) of this section and section 29-1-1703 (3), qualified local share property tax revenue may exceed the school district property tax limit for a property tax year if doing so is a result of establishing the valuation for assessment pursuant to subsections (3)(a) and (3)(b) of this section.
(4) (a) (I) (A) No later than December 10, 2024, an assessor shall report to the property tax administrator in the division of property taxation in the department of local affairs the information that the administrator determines is necessary to determine the amount of qualified local share property tax revenue for purposes of sections 29-1-1701 (2.5)(a)(I) to (2.5)(a)(VII) for the relevant property tax year.
(B) This subsection (4)(a)(I) is repealed, effective July 1, 2025.
(II) No later than August 25, 2025, and each August 25 thereafter, an assessor shall report to the property tax administrator in the division of property taxation in the department of local affairs the information that the administrator determines necessary to determine the amount of qualified local share property tax revenue for purposes of section 29-1-1701 (2.5)(a)(I) to (2.5)(a)(VII) for the relevant property tax year.
(b) (I) (A) No later than January 2, 2025, the property tax administrator in the division of property taxation in the department of local affairs shall report to legislative council staff the information that the legislative council staff determines necessary to determine the amount of qualified local share property tax revenue for purposes of section 29-1-1701 (2.5)(a)(I) to (2.5)(a)(VII) for the relevant property tax year.
(B) This subsection (4)(b)(I) is repealed, effective July 1, 2025.
(II) No later than October 31, 2025, and each October 31 thereafter, the property tax administrator in the division of property taxation in the department of local affairs shall report to legislative council staff the information that the legislative council staff determines necessary to determine the amount of qualified local share property tax revenue for purposes of section 29-1-1701 (2.5)(a)(I) to (2.5)(a)(VII) for the relevant property tax year.
(c) No later than January 15, 2025, and each January 15 thereafter, legislative council staff shall provide the state board of equalization with the information necessary to calculate the balancing percentage and correction percentage for the relevant property tax year and the counterfactual percentage for the immediately preceding property tax year.
(d) No later than twenty-one days after receiving the information provided by legislative council staff pursuant to subsection (4)(c) of this section, the state board of equalization shall meet and submit a report to the general assembly that calculates, as applicable, the total of the balancing percentage and the correction percentage for the relevant property tax year or the total of the valuation for assessment that applies to that residential real property for the purpose of a levy imposed by a school district and the correction percentage for the relevant property tax year.
C.R.S. § 29-1-1703 Property tax limit calculation - definitions
29-1-1703. Property tax limit calculation - definitions. (1) A local governmental entity's property tax limit for a property tax year is equal to the base amount of the local governmental entity's qualified property tax revenue increased by the total of the growth rate percentage and then increased by the carryover amount.
(1.5) As used in subsection (1) of this section, unless the context otherwise requires:
(a) "Base amount of the local governmental entity's qualified property tax revenue" means the amount of qualified property tax revenue collected and lawfully retained by a local governmental entity from whichever property tax year in a previous reassessment cycle was the property tax year for which the local governmental entity collected and lawfully retained the most property tax revenue.
(b) (I) "Carryover amount" means, except as described in subsection (1.5)(b)(II) of this section, an amount equal to the difference between:
(A) The base amount of the local governmental entity's qualified property tax revenue that was applicable for the most recent reassessment cycle increased by the growth rate percentage for that reassessment cycle; and
(B) The local government's qualified property tax revenue from the year with the greatest qualified property tax revenue in the most recent reassessment cycle.
(II) There is no carryover amount for a reassessment cycle for a local governmental entity occurring after a reassessment cycle when that local governmental entity retained an amount of qualified property tax revenue equal to or greater than the total of the base amount of the local governmental entity's qualified property tax revenue for that reassessment cycle increased by the growth rate percentage for that reassessment cycle.
(c) "Growth rate percentage" means five and twenty-five hundredths percent multiplied by the number of property tax years in the current reassessment cycle.
(2) (Deleted by amendment, L. 2024, Second Extraordinary Session.)
(3) A school district's property tax limit for a property tax year is equal to the amount of total local share property tax revenue increased by the total of the growth rate percentage and then increased by the carryover amount.
(4) As used in subsection (3) of this section, unless the context otherwise requires:
(a) (I) "Carryover amount" means, except as described in subsection (4)(a)(II) of this section, an amount equal to the difference between:
(A) The total local share property tax revenue that was applicable for the most recent reassessment cycle increased by the growth rate percentage for that reassessment cycle; and
(B) The qualified local share property tax revenue from the year with the greatest qualified local share property tax revenue in the most recent reassessment cycle.
(II) There is no carryover amount for a reassessment cycle occurring after a reassessment cycle when school districts retained an amount of qualified local share property tax revenue equal to or greater than the total of the total local share property tax revenue for that reassessment cycle increased by the growth rate percentage for that reassessment cycle.
(b) "Growth rate percentage" means the greater of:
(I) Six percent multiplied by the number of property tax years in the current reassessment cycle; or
(II) The total of the estimated school factor for the current property tax year plus the estimated school factor for any other property tax year in the same reassessment cycle.
(c) "School factor" means the total percentage of the rate by which the general assembly increases the statewide base per pupil funding for public education from kindergarten through twelfth grade for the relevant school year, as determined pursuant to section 22-55-106, for all school districts in the state plus the percentage increase in funded pupil count, as defined in section 22-54-103.5 (4), for the relevant school year for all school districts in the state.
the general assembly increases the statewide base per pupil funding for public education from kindergarten through twelfth grade for the relevant school year, as determined pursuant to section 22-55-106, for all school districts in the state plus the percentage increase in funded pupil count, as defined in section 22-54-103.5 (4), for the relevant school year for all school districts in the state.
(d) "Total local share property tax revenue" means the total amount of property tax revenue collected and lawfully retained by all school districts in the state in connection with district total program funding from whichever previous property tax year in a previous reassessment cycle was the property tax year for which the total amount of property tax revenue collected and lawfully retained by all school districts in the state in connection with district total program funding was greatest.
C.R.S. § 29-1-1704 Voter approval of property limit waiver
29-1-1704. Voter approval of property limit waiver. (1) (a) A local governmental entity's governing body may submit to the local governmental entity's electors the question of whether the local governmental entity may waive the local governmental entity property tax limit established in section 29-1-1702 in connection with a single property tax year, a specified number of property tax years, or all future property tax years. If the majority of the local governmental entity's voters voting thereon approve such a request, the local governmental entity is not subject to the local governmental entity property tax limit established in section 29-1-1702 for the period of property tax years for which voters approved waiving the property tax limit.
(b) For a measure that is placed on the ballot after November 5, 2024, that would allow a local governmental entity to waive the property tax limit established in section 29-1-1702 in connection with a single property tax year, a specified number of property tax years, or all future property tax years, the ballot title must begin "Shall the (name of the local government) waive the 5.25% property tax limit for" and then must specify whether the local governmental entity is seeking to waive the property tax limit for a single property tax year, a specified number of property tax years, or all future property tax years.
(2) (a) The voters of the state, rather than the voters of any individual school district, may waive the school district property tax revenue limit established in section 29-1-1702.5 in connection with a single property tax year, a specified number of property tax years, or all future property tax years. If the majority of the voters of the state voting thereon approve such a request, all school districts are not subject to the school district property tax revenue limit established in section 29-1-1702.5 for the period of property tax years for which voters approved waiving the property tax revenue limit. The voters of an individual school district may not elect to waive the school district property tax revenue limit established in section 29-1-1702.5 for that individual school district.
(b) For a measure that is placed on the ballot after November 5, 2024, that would allow all school districts to waive the school district property tax revenue limit established in section 29-1-1702.5 in connection with a single property tax year, a specified number of property tax years, or all future property tax years, the ballot title must begin "Shall all of the school districts in the state waive the 6% property tax limit for" and then must specify whether the property tax limit would be waived for all school districts for a single property tax year, a specified number of property tax years, or all future property tax years.
C.R.S. § 29-1-1705 Prior obligations not impaired - voter-approval of mill increases - disaster emergency spending - definitions
29-1-1705. Prior obligations not impaired - voter-approval of mill increases - disaster emergency spending - definitions. (1) Nothing in this part 17 impairs:
(a) The obligations of any bonds or other forms of indebtedness that are outstanding as of November 5, 2024, or the refunding thereof, issued by a local government or otherwise invalidates any such bond or the obligations or refunding thereof; or
(b) The existing voted authorization of a local government approved by a majority of the local government's voters voting thereon in accordance with section 20 of article X of the state constitution as of November 5, 2024. As established in section 29-1-1701 (3)(h), the imposition of a levy to provide for the payment of the following is not included in the calculation of the property tax limit:
(I) Bonds that are outstanding as of November 5, 2024, and the interest thereon, or for the payment of any other contractual obligation outstanding as of November 5, 2024, that has been approved by a majority of the local government's voters voting thereon; and
(II) Bonds or other contractual obligations issued in accordance with the existing voted authorization of a local government approved by a majority of the local government's voters voting thereon in accordance with section 20 of article X of the state constitution as of November 5, 2024.
(2) (a) Nothing in this part 17 prevents a local governmental entity from submitting to the local governmental entity's electors the question of whether to increase the total number of mills levied by the local governmental entity and, upon receiving the approval of a majority of the local governmental entity's voters voting thereon for such a request, increasing the total number of mills levied by the local governmental entity accordingly. As established in section 29-1-1701 (3)(i), property tax revenue attributable to a local governmental entity increasing the total number of mills it levies upon receiving the approval of the majority of the local governmental entity's voters voting thereon for such an increase in an election occurring on or after November 5, 2024, is not included in the calculation of the local governmental entity's property tax limit. A local governmental entity may also submit to the local government entity's electors the question of whether to increase the total number of mills levied by the local governmental entity in such a way that the mills increase to match the local governmental entity's property tax limit established pursuant to section 29-1-1702 and, upon receiving the approval of a majority of the local governmental entity's voters voting thereon for such a request, increasing the total number of mills levied by the local governmental entity accordingly.
(b) Nothing in this part 17 prevents a school district from submitting to the school district's electors the question of whether to increase the total number of mills levied by the school district and, upon receiving the approval of a majority of the school district's voters voting thereon for such a request, increasing the total number of mills levied by the school district accordingly. As established in section 29-1-1701 (2.5)(a)(VIII), property tax revenue attributable to a school district increasing the total number of total program funding mills it levies upon receiving the approval of the majority of the school district's voters voting thereon for such an increase in an election occurring on or after November 5, 2024, is not included in the calculation of the school district's property tax limit. As established in section 29-1-1701 (2.5)(a)(IX), property tax revenue attributable to mills that the school district levies that it does not levy in connection with total program funding is not included in the calculation of the school district's property tax limit
n an election occurring on or after November 5, 2024, is not included in the calculation of the school district's property tax limit. As established in section 29-1-1701 (2.5)(a)(IX), property tax revenue attributable to mills that the school district levies that it does not levy in connection with total program funding is not included in the calculation of the school district's property tax limit. A school district may also submit to the school district's electors the question of whether to increase the total number of mills levied by the school district in connection with total program funding in such a way that the mills increase to match the school district's property tax limit established pursuant to section 29-1-1702.5 and, upon receiving the approval of a majority of the school district's voters voting thereon for such a request, to increase the total number of mills levied by the school district accordingly.
(3) (a) Notwithstanding this part 17, an amount of qualified property tax revenue or qualified local share property tax revenue, as applicable, equal to any amount of disaster emergency spending by a local government in a property tax year is exempt from the calculation of the property tax limit that applies to that local government for the same property tax year.
(b) As used in this subsection (3), unless the context otherwise requires:
(I) "Declared disaster" has the same meaning as section 24-32-134 (1)(b).
(II) "Disaster emergency spending" means the amount of actual expenditures by a local government in a property tax year as the direct result of a declared disaster.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-29.docxFetched: 10/6/2026