NOTE: the following text is current through the 2003 Legislative Regular Session. This website is for informational use only. It is not a definitive source for the Colorado Revised Statutes. Please see the Colorado Statute Manager site published by the Office of the Revisor of the Statutes, Colorado State Legislature.
24-80-101. Definitions.
As used in this part 1, unless the context otherwise requires:
(1) "Records" means all books, papers, maps, photographs, or other
documentary materials, regardless of physical form or characteristics, made or
received by any governmental agency in pursuance of law or in connection with
the transaction of public business and preserved or appropriate for preservation
by the agency or its legitimate successor as evidence of the organization,
functions, policies, decisions, procedures, operations, or other activities of
the government or because of the value of the official governmental data
contained therein. As used in this part 1, the following are excluded from the
definition of records:
(a) Materials preserved or appropriate for preservation because of the value of
the data contained therein other than that of an official governmental nature or
because of the historical value of the materials themselves;
(b) Library books, pamphlets, newspapers, or museum material made, acquired, or
preserved for reference, historical, or exhibition purposes;
(c) Private papers, manuscripts, letters, diaries, pictures, biographies, books,
and maps, including materials and collections previously owned by persons other
than the state or any political subdivision thereof and transferred by them to
the state historical society;
(d) Extra copies of publications or duplicated documents preserved for
convenience of reference;
(e) Stocks of publications;
(f) Electronic mail messages, regardless of whether such messages are produced
or stored using state-owned equipment or software, unless the recipient has
previously segregated and stored such messages as evidence of the organization,
functions, policies, decisions, procedures, operations, or other activities of
the government or because of the value of the official governmental data
contained therein.
24-80-102. State archives and public records - personnel - duties - cash
fund.
(1) The department of personnel shall succeed to all records of the state of
Colorado or any political subdivision thereof, as the same are defined in
section 24-80-101. Except as provided in subsections (5), (6), and (7) of this
section, the department of personnel shall be the official custodian and trustee
for the state of all public records of whatever kind that are transferred to it
under this part 1 from any public office of the state or any political
subdivision thereof.
(2) The chief administrative officer over state archives and public records
shall be the executive director of the department of personnel.
(3) The executive director of the department of personnel shall be responsible
for the proper administration of public records under this part 1. It is the
executive director's duty to determine and direct the administrative and
technical procedures concerning state archives and public records. The executive
director shall study the problems of preservation and disposition of records, as
defined in section 24-80-101, and based on such study shall formulate and put
into effect, to the extent authorized by law, within the department of personnel
or otherwise, such program as the executive director deems advisable or
necessary for public records conservation by the state of Colorado or political
subdivisions thereof.
(4) To effectuate the purposes of this part 1, the governor may direct any political subdivision
of the state, to designate a records administrator to cooperate with and assist and advise the executive director in the
performance of the duties and functions concerning state archives and public
records and to provide such other assistance and data as will enable the
department of personnel to properly carry out its activities and effectuate the
purposes of this part 1.
(5) Items in the present care, custody, and trusteeship of the executive
director of the department of personnel which are not records, as defined by
section 24-80-101, because of their historical, library, or museum interest or
value, shall be retained by the state historical society, and items which are
not records which are in the future proposed for disposition under the
provisions of this part 1, but determined to be of historical, library, or
museum interest or value, shall be transferred to the state historical society
with its consent in accordance with the provisions set forth in section
24-80-104.
(6) The state historical society, qualified students, and scholars approved by
the society or the state archivist and other appropriate persons shall have the
right of reasonable access to all records in the custody of the executive
director of the department of personnel for purposes of historical reference,
research, and information, and the state historical society shall have the
privilege of museum display of original historical records or facsimiles
thereof, subject to the provisions of section 24-80-106. Copies of records, as
defined in section 24-80-101, having historical, library, or museum interest or
value shall be furnished to the state historical society by the state archivist
upon request of the society in accordance with the provisions of sections
24-80-103 and 24-80-107.
(7) In the event of disagreement between the state historical society and the
department of personnel as to the custody of any records, as defined in section
24-80-101, the governor, with the advice of the attorney general, shall make a
final and conclusive determination and order and direct custody accordingly.
(8) Repealed.
(9) Publications of the department concerning state archives and public records
circulated in quantity outside the executive branch shall be issued in
accordance with the provisions of section 24-1-136.
(10) The executive director shall establish by rule and regulation such fees as
are necessary to pay for the direct and indirect costs of responding to requests
for information from nonstate agencies, including requests which are processed
through other state agencies. All fees collected shall be transmitted to the
state treasurer, who shall credit the same to the state archives and public
records cash fund, which fund is hereby created. The moneys in the fund shall be
subject to annual appropriation by the general assembly for the direct and
indirect costs of responding to requests for information from nonstate agencies,
including requests which are processed through other state agencies. All
interest derived from the deposit and investment of moneys in the fund shall be
credited to the general fund. In no event shall the executive director charge
any fee to any public entity to produce information which the public entity is
required by law to file with the state archives.
(11) The powers, duties, and functions concerning state archives and public
records shall be administered as if transferred by a type 2 transfer to
the department of personnel.
24-80-102.5. Custody of state property.
The department of personnel shall have the charge, care, and custody of the
property of the state when no other provision is made.
24-80-102.7. Records management programs - records liaison officers - repeal. (1) As used in this section, unless the context otherwise requires, "state agency" means any department, division, board, bureau, commission, institution, or agency of the state.
(2) No later than January 1, 2004, each state agency shall:
(a) Establish and maintain a records management program for the state agency and document the policies and procedures of such program. The state agency shall ensure that such program satisfies the administrative and technical procedures for records maintenance and management established by the executive director of the department of personnel pursuant to this part 1.
(b) Designate a records liaison officer or officers from the state agency's existing personnel to cooperate with and assist and advise the executive director of the department of personnel in the performance of the duties and functions concerning state archives and public records and to provide such other assistance and data that will enable the department of personnel to properly carry out its activities and implement the purposes of this part 1. The duties of a records liaison officer shall include the following:
(I) Reviewing the policies and procedures of the state agency's records management program to ensure that such program efficiently manages the state agency's records and complies with all state and federal law;
(II) Establishing an inventory of the state agency's records;
(III) Establishing retention and disposition schedules for the state agency's records that are consistent with this part 1 and the administrative and technical procedures established by the executive director of the department of personnel;
(IV) Providing information about the storage of the state agency's records to the executive director of the department of personnel, including the number of records stored, the amount of storage space used, and the cost of such storage; and
(V) Ensuring adequate security, public access, and proper storage of the state agency's records.
(c) Notify the executive director of the department of personnel of the appointment of the records liaison officer or officers. Any subsequent change in the designation of a records liaison officer shall be reported in writing to the executive director within thirty days.
(3) (a) The department of corrections shall be exempt from all of the provisions of this section.
(b) This subsection (3) is repealed, effective July 1, 2008.
24-80-103. Determination of value - disposition.
No later than January 1, 2005, and January 1 every two years thereafter, every public officer
of a state agency, as defined in section 24-80-102.7, who has public records in
his or her custody shall
consult with the department of personnel and the attorney general
of the state, and such three officers shall determine whether the records in
question are of legal, administrative, or historical value. Every public officer
of a political subdivision who has public records in his or her custody shall
consult periodically with the department of personnel and the attorney general
of the state, and such three officers shall determine whether the records in
question are of legal, administrative, or historical value. Those records
unanimously determined to be of no legal, administrative, or historical value
shall be disposed of by such method as such three officers may specify. A list
of all records so disposed of, together with a statement certifying compliance
with this part 1, signed by these three officers, shall be filed and preserved
in the office from which the records were drawn and in the files of the
department of personnel. Public records in the custody of the executive director
of the department of personnel may be disposed of upon a similar determination
by the attorney general, the executive director of the department of personnel,
and the head of the agency from which the records were received, or its legal
successor.
24-80-104. Transfer of records to archives.
Those records deemed by the public officer having custody thereof to be
unnecessary for the transaction of the business of his or her office and yet
deemed by the attorney general or the executive director of the department of
personnel to be of legal, administrative, or historical value may be
transferred, with the consent of the executive director to the custody of the department of personnel,
or a storage vendor approved by the executive director. A list of all records
so transferred, together with a statement certifying compliance with this part
1, signed by such three officers, shall be preserved in the files of the office
from which the records were drawn and in the files of the department of
personnel.
24-80-105. Disposal of records.
All public records of any public office, upon the termination of the
existence and functions of that office, shall be checked by the executive
director of the department of personnel and the attorney general and either
disposed of or transferred to the custody of the department of personnel, in
accordance with the procedure of this part 1 and the findings of such two
officers. When a public office is terminated or reduced by the transfer of its
powers and duties to another office or to other offices, its appropriate public
records shall pass with the powers and duties so transferred.
24-80-106. Protection of records.
The department of personnel and every other custodian of public records
shall carefully protect and preserve them from deterioration, mutilation, loss,
or destruction and, whenever advisable, shall cause them to be properly repaired
and renovated. All paper, ink, and other materials used in public offices for
the purpose of permanent records shall be of durable quality.
24-80-107. Reproduction on film - evidence.
(1) Any public officer of the state or any county, city, municipality,
district, or legal subdivision thereof may cause any or all records, papers, or
documents kept by him to be photographed, microphotographed, or reproduced on
film. Such photographic film shall comply with the minimum standards of quality
approved for permanent photographic records by the national bureau of standards,
and the device used to reproduce such records on such film shall be one which
accurately reproduces the original thereof in all details. Such photographs,
microphotographs, or photographic film shall be deemed to be original records
for all purposes, including introduction in evidence in all courts or
administrative agencies. A transcript, exemplification, or certified copy
thereof, for all purposes recited in this section, shall be deemed to be a
transcript, exemplification, or certified copy of the original.
(2) Whenever such photographs, microphotographs, or reproductions on film
properly certified are placed in conveniently accessible files and provisions
made for preserving, examining, and using the same, any such public officer may
cause the original records from which the photographs or microphotographs have
been made, or any part thereof, to be disposed of according to methods
prescribed by sections 24-80-103 to 24-80-106. Such copies shall be certified by
their custodian as true copies of the originals before the originals are
destroyed or lost, and the copies so certified shall have the same force and
effect as the originals. Copies of public records transferred from the office of
their origin to the department of personnel, when certified by the executive
director of the department of personnel or the assistant to the executive
director, shall have the same legal force and effect as if certified by the
original custodian of the records.
24-80-108. Access to public records.
The executive director of the department of personnel, in person or through
a deputy, shall have the right of reasonable access to all nonconfidential
public records in the state, or any public office of the state of Colorado, or
any county, city, municipality, district, or political subdivision thereof,
because of the historical and research value of data contained therein, with a
view to securing their safety and determining their need for preservation or
disposal.
24-80-109. Records may be replevined.
On behalf of the state and the department of personnel, the attorney general
may replevin any public records which were formerly part of the records or files
of any public office of the territory or state of Colorado.
24-80-110. Disagreement as to value of records.
In the event the attorney general and the executive director of the
department of personnel determine that any records in the custody of a public
officer, including the executive director of the department of personnel, but
not those in the custody of a public officer of any county, city, municipality,
district, or political subdivision thereof, are of no legal, administrative, or,
subject to section 24-80-211 (1) (b), historical value, but the public officer
having custody of said records or from whose office records originated fails to
agree with such determination or refuses to dispose of said records, the
attorney general and the executive director of the department of personnel may
request the governor to make his or her determination as to whether said records
should be disposed of in the interests of conservation of space, economy, or
safety.
24-80-111. Microfilm revolving fund. (Repealed)
24-80-112. Noneffect of sections.
Sections 24-80-101, 24-80-102, and 24-80-211 shall in no way affect sections
24-80-104 to 24-80-110.
24-80-113. State archives - available storage space - report.
(1) As the chief administrative officer over state archives and public
records pursuant to section 24-80-102 (2), the executive director of the
department of personnel or the director's designee shall be responsible for
reviewing and assessing the use and amount of space available for records
storage in state archives and public records every three years.
(2) (a) The executive director of the department of personnel or the director's
designee shall make findings based on the review and assessment of records
storage described in subsection (1) of this section. The executive director or
the director's designee shall submit an initial report containing such findings
to the legislative audit committee, created in section 2-3-101, C.R.S., no later
than September 1, 2002, and shall submit an updated report to the committee no
later than December 1 of every third year thereafter.
(b) The report shall include, but shall not be limited to, the following:
(I) An overall assessment of the amount of space available for records storage
in the state archives;
(II) The approximate number of records or boxes of records that the state
archives received for storage from the executive, judicial, and legislative
branches of the state government over the past three years;
(III) The approximate number of records or boxes of records that the state
archivist converted from paper to microfilm or digital format over the past
three years, the amount of space conserved in the archives through such
conversions, the approximate number or percentage of records that the state
archivist received for storage over the past three years that were already on
microfilm or in digital format, and the amount of space saved due to receiving
records in such format;
(IV) The approximate number of records or boxes of records that were transferred
to the Colorado historical society or other state designated records collection
facilities and the amount of storage space in the state archives that such
transfers made available; and
(V) Any other information that the executive director, the director's designee,
or the committee deems necessary or relevant.
24-80-901. Size and description of seal.
The seal of the state shall be two and one-half inches in diameter, with the
following device inscribed thereon: An heraldic shield bearing in chief, or upon
the upper portion of the same, upon a red ground three snow-capped mountains;
above surrounding clouds; upon the lower part thereof upon a golden ground a
miner's badge, as prescribed by the rules of heraldry; as a crest above the
shield, the eye of God, being golden rays proceeding from the lines of a
triangle; below the crest and above the shield, as a scroll, the Roman fasces
bearing upon a band of red, white, and blue the words, "Union and
Constitution"; below the whole the motto, "Nil Sine Numine"; the
whole to be surrounded by the words, "State of Colorado", and the
figures "1876".
24-80-902. Punishment for illegal use.
Any person who illegally uses or affixes the seal of this state to any
written or printed document whatever, or fraudulently forges, defaces, corrupts,
or counterfeits the same, or affixes said forged, defaced, corrupted, or
counterfeited seal to any commission, deed, warrant, pardon, certificate, or
other written or printed instrument, or has in his possession or custody any
such seal, knowing it to be falsely made and counterfeited, and willfully
conceals the same, commits a class 5 felony and shall be punished as provided in
section 18-1-105, C.R.S.
24-80-903. Secretary of state alone can affix - custodian.
The secretary of state is alone authorized to use or affix the seal of this
state to any document whatever, and he only in pursuance of law. The secretary
is made the custodian of the seal of the state and responsible for its
safekeeping.
24-80-904. State flag.
A state flag is hereby adopted to be used on all occasions when the state is
officially and publicly represented, with the privilege of use by all citizens
upon such occasions as they may deem fitting and appropriate. The flag shall
consist of three alternate stripes to be of equal width and at right angles to
the staff, the two outer stripes to be blue of the same color as in the blue
field of the national flag and the middle stripe to be white, the proportion of
the flag being a width of two-thirds of its length. At a distance from the staff
end of the flag of one-fifth of the total length of the flag there shall be a
circular red C, of the same color as the red in the national flag of the United
States. The diameter of the letter shall be two-thirds of the width of the flag.
The inner line of the opening of the letter C shall be three-fourths of the
width of its body or bar, and the outer line of the opening shall be double the
length of the inner line thereof. Completely filling the open space inside the
letter C shall be a golden disk; attached to the flag shall be a cord of gold
and silver intertwined, with tassels one of gold and one of silver. All
penalties provided by the laws of this state for the misuse of the national flag
shall be applicable to the said state flag.
24-80-905. Columbine.
The white and lavender columbine is hereby made and declared to be the state
flower of the state of Colorado.
24-80-906. Duty to protect.
It is hereby declared to be the duty of all citizens of this state to
protect the white and lavender Columbine Aquilegia, Caerulea, the state flower,
from needless destruction or waste.
24-80-907. Limitation on picking state flower.
It is unlawful for any person to tear the state flower up by the roots when
grown or growing upon any state, school, or other public lands or in any public
highway or other public place or to pick or gather upon any such public lands or
in any such public highway or place more than twenty-five stems, buds, or
blossoms of such flower in any one day; and it is also unlawful for any person
to pick or gather such flower upon private lands without the consent of the
owner thereof first had or obtained.
24-80-908. Violation a misdemeanor - penalty.
Any person who violates any provision of section 24-80-907 is guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine of not
less than five nor more than fifty dollars.
24-80-909. State song.
That certain song entitled "Where the Columbines Grow", the words
of which were written by A. J. Fynn and the music of which was composed by A. J.
Fynn, is hereby adopted as the official state song of Colorado to be used on all
appropriate occasions.
24-80-909.5. State folk dance.
Square dancing, the American folk dance which traces its ancestry to the
English country dance and the French ballroom dance, and which is called, cued,
or prompted to the dancers and includes squares, rounds, clogging, contra, line,
the Virginia reel, and heritage dances, is hereby made and declared to be the
state folk dance of the state of Colorado.
24-80-910. Lark bunting.
The lark bunting, scientifically known as calamospiza melancorys stejneger,
is hereby made and declared to be the state bird of the state of Colorado.
24-80-911. State animal.
The Rocky Mountain bighorn sheep (ovis canadensis) is hereby made and
declared to be the state animal of the state of Colorado, and no person may
pursue, take, hunt, wound, or kill any Rocky Mountain bighorn sheep, except as
provided in title 33, C.R.S.
24-80-911.5. State fish.
The greenback cutthroat trout (oncorhynchus clarki stomias) is hereby made
and declared to be the state fish of the state of Colorado.
24-80-912. State gemstone.
The aquamarine is hereby made and declared to be the state gemstone of the
state of Colorado.
24-80-912.5. State mineral.
Rhodochrosite is hereby made and declared to be the state mineral of the
state of Colorado.
24-80-913. State insect.
The Colorado hairstreak (hypaurotis crysalus), a butterfly, is hereby made
and declared to be the state insect of the state of Colorado.
Return to Colorado Laws Concerning Public Records
[http://www.colorado.gov/dpa/doit/archives/INCLUDES/bottom.htm]Last modified September 12, 2003