(1) The general assembly hereby declares that this article is enacted for the general improvement of the public schools in the state of Colorado; for the equalization of the benefits of education throughout the state; for the organization of public school districts in the state and the alteration of the boundaries of established school districts, in order to provide for the maintenance of a thorough and uniform system of free public schools throughout the state; and for a more responsible expenditure of public funds for the support of the public school system of the state. In order to accomplish these ends, this article shall be liberally construed.
(2) The general assembly further finds and declares that the provisions of this article shall apply in all of the following situations:
(a) The creation of one or more additional school districts within the existing boundaries of a school district;
(b) The consolidation of two or more school districts or parts of school districts into a new single school district;
(c) The dissolution and annexation of a school district when such school district fails to operate a school within the school district or when the state board declares the school district is no longer accredited;
(d) The detachment and annexation to revise, alter, or modify the boundaries of school districts for the purpose of more effective or economical operation or in order to provide better educational opportunities for the school age children resident in certain territory.
(2.5) The general assembly further finds and declares that the provisions of this article shall not apply to any detachment and annexation wherein county boundaries are modified.
(3) The general assembly further finds and declares that, except as provided in section 22-30-128 , no reorganization of a school district shall occur without the appointment of a school organization planning committee to study the school organization and develop a plan for reorganization of the school district.
(1) Upon determination that one or more of the conditions described in section 22-30-105 exist, the commissioner shall notify the boards of education and committees responsible for appointing members of a school organization planning committee as stated in this section and call for the appointment of such a committee. Such a committee shall be appointed and hold its first meeting within thirty days of notification by the commissioner.
(2) The committee shall consist of the following appointed members:
(a)(I) If multiple school districts are involved in the study, two members appointed by the board of education in each school district affected by the study and one member appointed by the school district accountability committee of each school district affected by the study. Such member shall be a parent of a child attending a public school in the affected area; except that, if there are no public schools in the affected area, the member shall reside in the affected area and be a parent of a child attending a public school in one of the affected school districts. If no such parent resides in the affected area, the member shall be a person owning land located in the affected area.
(II) If a single school district is involved in the study, four members appointed by the school district board of education and three members appointed by the school district accountability committee. The members appointed by the school district accountability committee shall be parents of children attending public school in the affected area and members of school accountability committees; except that, if there are no public schools in the affected area, three of the members shall reside in the affected area and shall be parents of children attending public schools in the affected school district. If fewer than three such parents reside in the affected area, the remaining members shall be persons owning land located in the affected area.
(b) If the school organization planning process was activated by a petition, two additional members appointed by the petition committee.
(3) Notwithstanding the provisions of subsections (1) and (2) of this section, where the reorganization of a school district arises from the detachment and annexation of a portion of a school district, which portion has five or fewer eligible electors, the school district boards of education of the affected school districts shall serve as the committee.
(1) The committee shall have the following duties:
(a) To appoint a chair, vice-chair, and secretary;
(b) To establish parameters of the study;
(c) To make a careful study of the public school systems within the parameters of the study established by the committee;
(d) To develop a plan of organization which meets the requirements of section 22-30-114 ;
(e) To cooperate with the school district boards of education of the affected school districts, the state board, and the commissioner in arriving at a plan of organization;
(f)(I) When the proposed plan of organization results in the creation of a new school district, to file with the commissioner and the county clerk and recorder in each county affected by the proposed plan of organization a map and legal description of the new school district, the name of the county in which the new school district shall be headquartered, and the name and number by which the new school district shall be designated;
(II) When the proposed plan of organization results in the detachment and annexation of territory between existing school districts, to file with the commissioner and the county clerk and recorder in each county affected by the proposed plan of organization a map and legal description of the school districts following the detachment and annexation;
(g)(I) To call for and make arrangements for elections to vote upon the final approved plan of organization as provided in section 22-30-117 ;
(II) If the majority votes in favor of the final approved plan of organization and the final approved plan of organization results in the creation of a new school district, to call for an election to elect a board of education for the new school district as provided in section 22-30-122 and, if necessary, an election to address any financial matters, as provided in section 22-30-121.5 ; except that the final approved plan of organization and financial matters may be addressed in the same election;
(h) To assist in the dissemination of information as to the purpose and benefits of the proposed plan of organization and the final approved plan of organization; and
The school district board of education of each school district affected by appointment of a committee shall cooperate with the committee by providing any information requested by the committee to assist in formulating the plan of organization.
(1) Where the final approved plan of organization results in the creation of a new school district, if a majority of the votes cast in each affected school district in the special school district organization election are in favor of the final approved plan of organization and a majority of the eligible electors residing in the new school district voting on the question approve the estimated maximum increase in the mill levy, if any, to be imposed within the new district, then on the date specified in the final approved plan of organization, but in no event prior to the certification of the special school district organization election, the new school district shall become a body corporate and as such shall organize under the name and number stated in the final approved plan of organization and in such name may take, hold, and convey property, both real and personal, and be a party to suits and contracts.
(2) If the final approved plan of organization results in the detachment and annexation of territory between existing school districts and a majority of the votes cast in each affected school district in the special school district organization election are in favor of the final approved plan of organization and the eligible electors residing within the affected territory approve the imposition of the mill levy imposed in the annexing school district, if greater than that imposed in the detaching school district, the detachment and annexation shall be effective for all purposes on the date specified in the plan of organization but in no event prior to the certification of the special school district organization election. The detaching school district and the annexing school district shall continue as bodies corporate in the same manner as prior to the detachment and annexation.
No new bonded indebtedness shall be authorized and no existing bonded indebtedness shall be assumed unless approved by a majority of votes cast by the eligible electors of the school district that will issue or assume such bonded indebtedness at the same election at which the plan of organization is approved or at a subsequent election.
(1) The general assembly declares that students of the public schools shall have the right to exercise freedom of speech and of the press, and no expression contained in a student publication, whether or not such publication is school-sponsored, shall be subject to prior restraint except for the types of expression described in subsection (3) of this section. This section shall not prevent the advisor from encouraging expression which is consistent with high standards of English and journalism.
(2) If a publication written substantially by students is made generally available throughout a public school, it shall be a public forum for students of such school.
(3) Nothing in this section shall be interpreted to authorize the publication or distribution in any media by students of the following:
(a) Expression that is obscene;
(b) Expression that is libelous, slanderous, or defamatory under state law;
(c) Expression that is false as to any person who is not a public figure or involved in a matter of public concern; or
(d) Expression that creates a clear and present danger of the commission of unlawful acts, the violation of lawful school regulations, or the material and substantial disruption of the orderly operation of the school or that violates the rights of others to privacy or that threatens violence to property or persons.
(4) The board of education of each school district shall adopt a written publications code, which shall be consistent with the terms of this section, and shall include reasonable provisions for the time, place, and manner of conducting free expression within the school district’s jurisdiction. The publications code shall be distributed, posted, or otherwise made available to all students and teachers at the beginning of each school year.
(5)(a) Student editors of school-sponsored student publications shall be responsible for determining the news, opinion, and advertising content of their publications subject to the limitations of this section. It shall be the responsibility of the publications advisor of school-sponsored student publications within each school to supervise the production of such publications and to teach and encourage free and responsible expression and professional standards for English and journalism.
(b) For the purposes of this section, “publications advisor” means a person whose duties include the supervision of school-sponsored student publications.
(6) If participation in a school-sponsored publication is part of a school class or activity for which grades or school credits are given, the provisions of this section shall not be interpreted to interfere with the authority of the publications advisor for such school-sponsored publication to establish or limit writing assignments for the students working with the publication and to otherwise direct and control the learning experience that the publication is intended to provide.
(7) No expression made by students in the exercise of freedom of speech or freedom of the press shall be deemed to be an expression of school policy, and no school district or employee, or parent, or legal guardian, or official of such school district shall be held liable in any civil or criminal action for any expression made or published by students.
(8) Nothing in this section shall be construed to limit the promulgation or enforcement of lawful school regulations designed to control gangs. For the purposes of this section, the definition of “gang” shall be the definition found in section 19-1-103(52), C.R.S .
(1) As used in this section, “education records” and “directory information” shall have the same meanings as those terms are defined in the federal “Family Educational Rights and Privacy Act of 1974”, as amended, 20 U.S.C. sec. 1232g and “education records” shall include an individualized education program.
(2) A school district shall comply with the provisions of 20 U.S.C. sec. 1232g(a) and 34 CFR 99 if a parent or legal guardian of a student either requests the education records of the student or requests an amendment or other change to the education records after reviewing them.
(3) A school district shall not release the education records of a student to any person, agency, or organization without the prior written consent of the parent or legal guardian of the student except as otherwise permitted in 20 U.S.C. sec. 1232g(b) .
(4) A school district shall not release directory information to any person, agency, or organization without first complying with the provisions of 20 U.S.C. sec. 1232g(a)(5)(B) related to allowing a parent or legal guardian to prohibit such release without prior consent.
(5)(a) A school district shall comply with 20 U.S.C. sec. 1232h . A school or school district employee who requires participation in a survey, assessment, analysis, or evaluation in a public school’s curriculum or other official school activity shall obtain the written consent of a student’s parent or legal guardian before giving the student any survey, assessment, analysis, or evaluation intended to reveal information, whether the information is personally identifiable or not, concerning the student or the student’s parent’s or legal guardian’s:
(I) Political affiliations;
(II) Mental and psychological conditions potentially embarrassing to the student or the student’s family;
(III) Sexual behavior and attitudes;
(IV) Illegal, anti-social, self-incriminating, or demeaning behavior;
(V) Critical appraisals of individuals with whom a student has close family relationships;
(VI) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and members of the clergy;
(VII) Income, except as required by law;
(VIII) Social security number; or
(IX) Religious practices, affiliations, or beliefs.
(b) The requirement of written consent pursuant to this subsection (5) applies throughout a public school’s curriculum and other school activities; except that the requirement of written consent does not apply to a student’s participation in an assessment administered pursuant to part 10 of article 7 of this title. In implementing this subsection (5), the school or school district and employees shall ensure that their first responsibility is to students and their parents and shall allow only minimal use of students’ academic time by institutions, agencies, or organizations outside the school or school district to gather information from students.
(c) Written consent pursuant to this subsection (5) is valid only if the school district has given a parent or legal guardian written notice of the survey, assessment, analysis, or evaluation, has made a copy of the document available for viewing at convenient locations and times, and has given the parent or legal guardian at least two weeks, after receipt of the written notice, to obtain written information concerning:
(I) Records or information that may be examined and requested in the survey, analysis, or evaluation;
(II) The means by which the records or information shall be examined reviewed, or disseminated;
(III) The means by which the information is to be obtained;
(IV) The purposes for which the records or information is needed;
(V) The entities or persons, regardless of affiliation, who will have access to the information; and
(VI) A method by which a parent or legal guardian of a student can grant or deny permission to access or examine the records or information.
(d) Nothing in this subsection (5) shall be construed to prevent a public school employee from reporting known or suspected child abuse or neglect pursuant to section 19-3-304, C.R.S .
(e) Nothing in this subsection (5) shall be construed to prevent a student who is working under the supervision of a journalism teacher or sponsor from preparing or participating in a survey, analysis, or evaluation without obtaining the written consent of such student’s parent or legal guardian as long as such participation without parental consent is not otherwise prohibited by federal law.
(f) Nothing in this subsection (5) shall be construed to limit the ability of a health professional who is acting as an agent of the school district from evaluating an individual child.
(g) Nothing in this subsection (5) limits the ability of a school district to administer a suicide assessment or threat assessment.
(6) If a school district sends a form to a parent or legal guardian requesting written consent for the school district to release personally identifiable information concerning that parent’s or legal guardian’s child in education records other than directory information, such consent shall be valid under this section only if the form contains notice to the parent or legal guardian regarding:
(a) The specific records to be released;
(b) The specific reasons for such release;
(c) The specific identity of any person, agency, or organization requesting such information and the intended uses of the information;
(d) The method or manner by which the records will be released; and
(e) The right to review or to receive a copy of the relevant records to be released.
(7)(a) Consent for release of information pursuant to this section shall be valid only for the specific instance for which it was given.
(b) A general consent for a student to participate in any course or part of a course, in a school activity, in any special education program, or in any other school program does not constitute written consent pursuant to this section.
(c) Consent forms obtained pursuant to this section shall be retained by the school district.
(8) Any right accorded to a parent or legal guardian pursuant to this section shall transfer to the relevant student when that student attains the age of eighteen years.
(9) A school district shall, at the beginning of each academic year, provide to a parent or legal guardian of each student in the school district written notice of the rights contained in this section.
(10) The provisions of this section shall apply to any public school in the state, regardless of whether the public school receives any federal funds.
(11) The state board of education shall adopt such rules as may be necessary to implement this section.
(12) If an individual licensed, certified, endorsed, or authorized by the state board is found by the state board to have knowingly and intentionally violated the provisions of this section, the department of education may suspend or revoke such individual’s license, master certificate, endorsement, or authorization for a period not less than ninety days.
(13) Nothing in this section shall be construed to prevent a school or a school district from releasing education records to the extent authorized by 20 U.S.C. sec. 1232g(b) and any other applicable federal law.
(1) The general assembly hereby finds that:
(a) Although education reform efforts are ongoing at both the state and local levels, Colorado continues to experience an unacceptably high dropout rate, inequalities in the academic achievement levels of students from different racial and socioeconomic groups, and low rates of enrollment and persistence in postsecondary education;
(b) To accomplish the goals of reducing the dropout rate, reducing the gaps in academic achievement and growth among student groups, and increasing the number of students who continue into higher education following high school graduation or completion, the state must look to additional strategies for improving public education;
(c) Studies show that, when parents are involved as partners with their children’s schools, students achieve higher levels of academic performance, students demonstrate better attendance and homework completion, and students are less likely to dropout of school;
(d) Students from diverse cultural backgrounds tend to perform better academically when their parents and the professionals at their schools collaborate to bridge the gap between the culture at home and that at the school; and
(e) Secondary students whose parents are involved with their schools make better transitions into postsecondary education, maintain the quality of their academic work, and are more like to develop realistic plans for their futures.
(2) The general assembly therefore finds that it is in the best interests of the state to create a state advisory council for parent involvement in education that will review best practices and recommend to policy makers and educators strategies to increase parent involvement in public education, thereby helping to improve the quality of public education and raise the level of students’ academic achievement throughout the state.
(1) The council shall inform, at a minimum, the early childhood councils, public schools, school districts, the state charter school institute, the department, the state board, the department of higher education, the Colorado commission on higher education, and the governing boards for the state institutions of higher education concerning best practices and strategies, aligned with the national standards for family-school partnerships, for increasing parent involvement in public education and promoting family and school partnerships, including but not limited to best practices and strategies in the following areas:
(a) Creating and implementing programs to effectively involve parents in improving their children’s education and levels of academic achievement. To identify these best practices and strategies, the council shall review the programs implemented in other states and the results of state and national research conducted in this area.
(b) Involving parents in programs to raise academic achievement, increase high school graduation rates, decrease student dropout rates, and close the achievement and growth gap;
(c) Involving parents in response to intervention programs in public schools and school districts;
(d) Involving parents in programs to raise academic achievement, improve the persistence rate, and improve the on-time graduation rate of students enrolled in institutions of higher education;
(e) Increasing parent involvement in education-related committees at the local and state levels;
(f) Designing and implementing parent education programs and centers and parent leadership training programs;
(g) Creating and implementing family-to-school liaison positions; and
(h) Establishing and implementing school-based parent information resource centers.
(2) The council shall recommend to the state board and to the Colorado commission on higher education plans for statewide parent involvement initiatives, which may include, but need not be limited to:
(a) Requiring each school district and the state charter school institute, as part of the accreditation process, to increase the level of parent involvement in education; and
(b) Initiatives to increase admissions to institutions of higher education and the degree-completion rate and to reduce the need for remediation.
(3)(a) The council shall provide training and other resources designed to help the school district accountability committees and school accountability committees increase the level of parent engagement with the public schools and with school districts, including increasing the number of parents serving on school district accountability committees and school accountability committees.
(b) The council shall work with the department to provide regional training programs for school district accountability committees and school accountability committees. At a minimum, the training programs must address parent leadership and increasing parent engagement with school district accountability committees and school accountability committees, including best practices for parent engagement with school district accountability committees and school accountability committees.
(c) The council shall work with the department to provide regional training programs for school districts and charter schools concerning best practices and skills for district and school personnel in working with parents.
(4) The council, in consultation with the department of education and the department of higher education, shall identify key indicators of successful parent engagement in education and use the indicators to develop recommendations for methods by which the department of education and the department of higher education may measure and monitor the level of parent engagement with elementary and secondary public schools and with institutions of higher education in Colorado.
(5) On or before December 31, 2013, and on or before December 31 each year thereafter, the council shall report to the state board, the Colorado commission on higher education, and the education committees of the senate and the house of representatives, or any successor committees, the council’s progress in promoting parent engagement in the state and in fulfilling the duties specified in this section.
(1) An educational entity and its employees are immune from suit for taking an action regarding the supervision, grading, suspension, expulsion, or discipline of a student while the student is on the property of the educational entity or under the supervision of the educational entity or its employees; except that immunity shall not apply if the action is committed willfully and wantonly and violates a statute, rule, or regulation or a clearly articulated policy of the educational entity. The burden of proving the violation shall rest with the plaintiff and must be established by clear and convincing evidence to the court as part of a summary proceeding. If at the summary proceeding the court finds a violation exists, the educational entity and its employee may raise immunity at trial under the provisions of this article and the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S.
(2) An educational entity and its employees are immune from suit for making a report consistent with federal law to the appropriate law enforcement authorities or officials of an educational entity if the individual making the report has reasonable grounds to suspect that a student is:
(a) Under the influence of alcoholic beverages or of a controlled substance not lawfully prescribed to the student;
(b) In possession of a firearm or alcoholic beverages or of a controlled substance not lawfully prescribed to the student;
(c) Involved in the illegal solicitation, sale, or distribution of firearms or alcoholic beverages or of a controlled substance.
(3) A person claiming to have suffered an injury by an educational entity or an employee, whether or not by a violation of a statute, rule, or regulation or a clearly articulated policy of the educational entity, shall file a written notice as provided in section 24-10-109, C.R.S ., within one hundred eighty days after the date of discovery of the injury, regardless of whether the person then knew all of the elements of a claim or of a cause of action for the injury. Compliance with the provisions of this subsection (3) shall be a jurisdictional prerequisite to any action brought under the provisions of this article, and failure of compliance shall forever bar any such action.
(1) The state personnel board, referred to in this article as the “board”, is created pursuant to the provisions of section 14 of article XII of the state constitution . The board consists of five members to be selected in the manner provided in the state constitution and this section.
(2) The board shall exercise its powers and perform its duties and functions under the department of personnel and the state personnel director as if the same were transferred to the department by a type 1 transfer, as such transfer is defined in the “Administrative Organization Act of 1968”, article 1 of this title.
(3)(a) In the year 2015 and every third year thereafter and in the year 2016 and every third year thereafter, an election shall be held for a member of the board in the manner provided in this subsection (3).
(b) The elected members of the board shall be elected by persons certified to classes and positions in the state personnel system in accordance with rules promulgated by the board, in consultation with the secretary of state and pursuant to section 24-4-103 ; except that the ballots for such elections shall be distributed to each employee qualified to vote with any payroll or other type of distribution otherwise made to said employees. However, such distribution shall be no later than fifteen days before the ballots are to be submitted by the voters.
(c)(I) The election of any person declared duly elected to the position of a member of the board may be contested:
(A) When the candidate is not eligible to be a member of the board;
(B) When illegal votes have been received or legal votes rejected at the time of the election in sufficient numbers to change the outcome of the election;
(C) For any error or mistake on the part of the board administrator in conducting, counting, or declaring the result of the election, if such error or mistake would be sufficient to change the outcome of the election;
(D) For misconduct, fraud, or corruption on the part of the board administrator, if such misconduct, fraud, or corruption would be sufficient to change the outcome of the election;
(E) For any other cause which shows that another individual was the legally elected board member.
(II) Notwithstanding the provisions of section 24-50-125.4(3) , an action to contest an election under this subsection (3) shall be brought pursuant to rule 106(a)(3) of the Colorado rules of civil procedure ; except that the action shall be brought only in the Denver district court and only after the contesting party has complied with the rules of the board concerning prior notice and opportunity to cure, and the provisions of rule 106 concerning district attorneys shall not apply to this subsection (3).
(d) The general assembly shall appropriate to the board sufficient funds to carry out the provisions of this subsection (3).
(4) A vacancy in office shall be filled in the manner used for the selection of the person vacating the office and for the unexpired term. Elected member vacancies shall be filled within three months after the date of the vacancy, and, in the event of a vacancy for an elected member position, the governor shall request a supplemental appropriation in an amount sufficient to conduct the election, and the general assembly shall appropriate such amount for that purpose.
(5) A member of the board may be removed in accordance with section 14(2) of article XII of the state constitution .
(6) An action of the state personnel director or an appointing authority which is appealable to the board pursuant to this article or the state constitution may be reversed or modified on appeal to the board only if at least three members of the board find the action to have been arbitrary, capricious, or contrary to rule or law. Unless otherwise limited by this article or the state constitution, a decision of the board shall be subject to review pursuant to section 24-50-125.4 .
(7) The board may authorize administrative law judges, who shall be lawyers with at least five years’ experience, to conduct hearings on any matter within the jurisdiction of the board upon terms and conditions determined by the board and subject to the provisions of article 4 of this title. The board shall employ such personnel as may be necessary for the performance of its duties, including an administrator who shall serve as secretary to the board. The administrator shall maintain full records of the proceedings of the board and shall be responsible for any other duties as the board may assign. Funds for these purposes shall be appropriated by the general assembly.
(8) Members of the board shall be compensated at the rate of seventy-five dollars per day for each day in which they are actually engaged in the performance of their duties plus reimbursement for actual and necessary expenses incurred in the performance of their duties. The board shall meet as often as necessary to conduct its business. The board shall elect a chairman and a vice-chairman, one of whom shall be a gubernatorial appointee, from among its members. Meetings shall be called by the chairman or a majority of the board. All members of the board shall be given reasonable notice of all meetings, and three members of the board shall constitute a quorum for the transaction of business. The affirmative vote of at least three members of the board shall be necessary to reverse or modify any action of the state personnel director or appointing authority.
(9) The board and any political subdivision of the state may contract for the furnishing of personnel services by the department of personnel to such subdivision.
(1) Pursuant to section 14 of article XII of the state constitution , there is hereby created the department of personnel, the head of which shall be the state personnel director, who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The state personnel director shall be qualified by education and experience in the field of public or private personnel administration or industrial relations and shall be of known sympathy with the merit principle.
(2) Subject to the provisions of the state constitution, the state personnel director shall have those powers, duties, and functions prescribed for heads of principal departments in the “Administrative Organization Act of 1968”. 1 Any assistants and employees of the department shall be appointed pursuant to the provisions of section 13 of article XII of the state constitution .
(3) The state personnel director shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136 , a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the department of personnel.
(4) Publications by the state personnel director circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136 .
No employee shall engage in any employment or activity which creates a conflict of interest with his duties as a state employee. The board shall promulgate general rules on incompatible activities, conflicts of interest, and employment outside the normal course of duties of state employees.
(1) When a person is required to take an oath or affirmation before the person enters upon the discharge of a public office or position, the form of the oath or affirmation is as follows:
I [name], do [select swear, affirm, or swear by the everliving God] that I will support the constitution of the United States, the constitution of the state of Colorado, and the laws of the state of Colorado, and will faithfully perform the duties of the office of [name of office or position] upon which I am about to enter to the best of my ability.
If choosing to swear an oath, the person swearing shall do so with an uplifted hand.
(2) The oath or affirmation must be:
(a) In writing and signed by the person taking the oath or affirmation;
(b) Administered as provided in section 24-12-103 ; and
(c) Taken, signed, administered, and filed as specified in subsection (3) of this section before the person enters upon the public office or position.
(3) Officers of the executive department, judges of the supreme and subsidiary courts, and district attorneys shall file their oaths or affirmations of office with the secretary of state. Every other person required by law to file an oath or affirmation of office shall file with the county clerk of the county wherein the person was elected or appointed.
All oaths and affirmations, affidavits, and depositions administered or taken shall subject any person who swears or affirms falsely and willfully, in the matter material to any issue or point in question, to the penalties inflicted by law on persons guilty of perjury in the first degree.
It is the duty of the board of county commissioners of each county, at each regular term, on the first day of each term, to examine and inquire into the sufficiency of the official bond of the county treasurer, sheriff, coroner, county assessor, county clerk and recorder, and county surveyor and all other official bonds given by any county officer, as required by law. If it appears that one or more of the sureties on the official bond of any such county officer have removed from the county, died, or become insolvent or of doubtful solvency, the board of county commissioners shall cause such officer to be summoned to appear before said board, on a day to be named in said summons, to show cause why he should not be required to give a new bond, with sufficient surety. If, at the appointed time, he fails to satisfy said board as to the sufficiency of the present surety, an order shall be entered of record by said board, requiring such officer to file in the office of the county clerk and recorder, within twenty days, a new bond, to be approved as required by law, unless the number and pecuniary ability of other sureties on the bond are such as to satisfy the board that the bond is sufficient, notwithstanding the fact that one or more of the sureties on said bond may have removed, died, or become insolvent or of doubtful solvency, in which case the bond in question, in the discretion of said board, may be held to be sufficient.
Any person who is the surety of any sheriff, coroner, county clerk and recorder, county treasurer, county surveyor, or other county officer shall have the power of releasing himself from further liability as such surety for such officer by filing in the office of the county clerk and recorder a notice that he is no longer willing to be surety for such officer. If the person so desiring to be released from such surety is suretyship for the county clerk and recorder, in addition to such filing of notice, he shall deliver a copy of the notice to the chairman of the board of county commissioners or, if he is absent, to some other member of said board.
It is the duty of such sheriff, coroner, county treasurer, county assessor, county clerk and recorder, or other officer, if he fails to give bond, to deliver over to his sureties forthwith all books, moneys, vouchers, papers, and every description of property whatever, pertaining to his office; and the sureties, at any time after failure to file bond, may maintain an action of replevin or other appropriate action to recover such property, money, or effects from their principal.
Murder in the first degree. A person commits the class 1 felony of murder in the
first degree if:
a) after deliberation and with the intent to cause the death of another person,
he or she causes the death of that person or of another person; or
b) acting either alone or with one or more persons, he or she commits or
attempts to commit arson, robbery, burglary, kidnapping, sexual assault in
the first or second degree as prohibited by section 18-3-402 or 18-3-403, or
a class 3 felony for sexual assault on a child as provided in section 18-3-405
(2), or the crime of escape as provided in section 18-8-208, and, in the
course of or in furtherance of the crime that he or she is committing or
attempting to commit, or of immediate flight therefrom, the death of a person,
other than one of the participants, is caused by anyone (felony murder); or
c) by perjury or subornation of perjury he or she procures the conviction and
execution of any innocent person; or
d) under circumstances evidencing an attitude of universal malice manifesting
extreme indifference to the value of human life generally, he or she
knowingly engages in conduct which creates a grave risk of death to another
person or persons, and thereby causes the death of another; or
e) he or she commits unlawful distribution, dispensation, or sale of a controlled
substance to a person under the age of eighteen years on school grounds
as provided in section 18-18-407 (2), and the death of such person is caused
by the use of such controlled substance; or
f) he or she knowingly causes the death of a child who has not yet attained
twelve years of age, and was in a position of trust with respect to the victim.
Falsifying or forging a declaration. Any person who falsifies or forges a 15-18-113 (3)
declaration of another, and the terms of the declaration are carried out,
resulting in the death of the purported declarant, commits a class 2 felony
Fraudulent practices. Any person who willfully violates the provisions of section 11-51-603 (1)
11-51-501 regarding the fraudulent offer, sale, or purchase of any security, directly
or indirectly, commits a class 3 felony.
Conspiracy. A person who agrees with another person to engage in conduct that 18-2-206 (1)
constitutes a class 2 felony or an attempt to commit a class 2 felony, with the intent
to facilitate or promote the commission of such a crime, or agrees to aid another
person in planning or committing the crime or attempting to commit the crime,
commits a class 3 felony.
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