§ 29-1-304.8 — Programs not delegated by the general assembly

Colorado § 29-1-304.8

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Budget and Services

Text

(1) A local
district, within the meaning of section 20 (2) of article X of the state constitution,
shall not reduce or end its subsidy pursuant to section 20 (9) of said article to any
program if:

(a) The program is one of the inherent powers, duties, or functions of an
officer whose office is created as a county office by the state constitution,
including but not limited to the county clerk and recorder, the county sheriff, the
county coroner, the county treasurer, the county surveyor, the county assessor, and
the county attorney; or

(b) The program is required by the state constitution to be administered by
the local district, including but not limited to duties related to the maintenance of
the state court system and the equalization of property tax assessments.

(2) Nothing in the general assembly's enactment of a requirement that a
local district contribute toward the funding of a program operated by an agency or
officer which is not under the jurisdiction of that local district, including but not
limited to the requirement that counties pay a portion of the costs of maintaining
the office of the district attorney, shall imply that the general assembly has
delegated the program to the local district for administration within the meaning of
section 20 (9) of article X of the state constitution.

(3) A board of county commissioners shall not cease exercising or
performing its inherent legislative, executive, or quasi-judicial powers, duties, or
functions in the guise of reducing or ending its subsidy to a program pursuant to
the provisions of section 20 (9) of article X of the state constitution.

(4) As used in this section:

(a) Administration means the executive management or superintendence
of public affairs, as distinguished from policy-making.

(b) Inherent means in the essential character of or belonging by nature or
settled habit to.

Legislative History

Source: L. 93: Entire section added, p. 1517, � 21, effective June 6.