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Colorado State Government Public (Open) Records Laws

TITLE 24 - ARTICLE 80 - State History, Archives, and Emblems

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.

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Last modified September 12, 2003