Colo. Rev. Stat. § 24-31-101

Current through 11/5/2024 election

Section 24-31-101 - Powers and duties of attorney general

(1) The attorney general:

(a) Shall act as the chief legal representative of the state and be the legal counsel and advisor of each department, division, office, board, commission, bureau, and agency of state government but shall not provide legal counsel to the legislative branch except for the state auditor in accordance with section 2-3-104.5;

(b) Shall appear for the state and prosecute and defend all actions and proceedings, civil and criminal, in which the state is a party or is interested when required to do so by the governor;

(c) Shall prosecute and defend for the state all causes in the appellate courts in which the state is a party or is interested;

(d) Shall give his or her opinion in writing upon all questions of law submitted to the attorney general by the:

(I) General assembly, or either the house of representatives or the senate;

(II) Governor;

(III) Lieutenant governor;

(IV) Secretary of state;

(V) State treasurer;

(VI) Executive director of the department of revenue; or

(VII) Commissioner of education.

(e) Shall have concurrent jurisdiction with the relevant district attorney over part 4 of article 120 of title 12;

(f) May appoint deputy attorneys general and assistant attorneys general for the efficient administration and supervision of department divisions and offices specified in section 24-31-102;

(g) May, at his or her sole discretion, appoint special assistant attorneys general to provide legal services to state agencies except as otherwise provided in section 24-31-111 (5);

(h) Shall, at the request of the governor, secretary of state, state treasurer, executive director of the department of revenue, or commissioner of education, prosecute and defend all suits relating to matters connected with their departments;

(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:

(I) The "Colorado Antitrust Act of 1992" or the "Colorado State Antitrust Act of 2023", article 4 of title 6;

(II) The "Colorado Consumer Protection Act", article 1 of title 6;

(III) The "Unfair Practices Act", article 2 of title 6;

(IV) Article 12 of title 6;

(V) Section 6-1-110;

(VI) Section 11-51-603.5;

(VII) Section 11-61-102;

(VIII) Section 24-34-505.5;

(IX) Section 25.5-4-306;

(X) Article 4 of title 8, subject to section 24-31-1303 (2);

(XI) The "Colorado Employment Security Act", articles 70 to 82 of title 8, subject to section 24-31-1303 (1);

(XII) The "Immigrant Tenant Protection Act" in part 12 of article 12 of title 38;

(XIII) The "Mobile Home Park Act" in part 2 of article 12 of title 38;

(XIV) The "Mobile Home Park Act Dispute Resolution and Enforcement Program" in part 11 of article 12 of title 38;

(XV) Part 1 of article 12 of title 38;

(XVI) Part 7 of article 12 of title 38;

(XVII) The "Rental Application Fairness Act", part 9 of article 12 of title 38;

(XVIII) The "Reproductive Health Equity Act", part 4 of article 6 of title 25;

(XIX) Part 15 of article 5 of title 25;

(XX) Part 5 of article 12 of title 38;

(XXI) Part 12 of article 4 of title 29;

(XXII) Part 14 of article 12 of title 38; and

(XXIII) Section 24-34-806.

(j) Shall have the powers, duties, and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title 24;

(k) May make rules, pursuant to section 24-4-103, as may be necessary to carry out the duties imposed upon him or her by law;

(l) When required, shall prepare drafts for contracts, forms, and other writings that may be required for the use of the state;

(m) Upon request of any employee in the state personnel system, shall represent such employee in any civil action or administrative proceeding instituted against such employee, either in the employee's official or individual capacity if the action or proceeding arises out of performance of the employee's official duties as determined by the attorney general and if the action or proceeding has not been brought by the state personnel director or the appointing authority of the employee seeking dismissal or other disciplinary action; except that the attorney general shall not represent any such employee in an action brought under section 24-50.5-105;

(n) Shall, pursuant to section 24-30-1507, represent expert witnesses and consultants described in section 24-30-1510 (3)(h);

(o) Shall keep in proper books a record of all official opinions and a register of all actions prosecuted or defended by him or her and of all proceedings had in relation thereto and the status of pending matters in his or her office, which books or registers the attorney general shall deliver to his or her successor. Publication of opinions or other material circulated in quantity outside the executive branch must be issued in accordance with section 24-1-136.

(p) May bring a civil action to enforce section 24-31-113;

(q) May bring a civil action to enforce section 24-31-307 (2) or a criminal action to enforce section 24-31-307 (3);

(r) May enter into interagency agreements pursuant to section 6-1-116 (4);

(s) May bring or intervene in a civil action, conduct investigations, and issue civil investigation demands pursuant to the "Colorado False Claims Act", part 12 of this article 31;

(t) May bring a civil action to enforce section 25-7-144;

(u) May, if the attorney general has reason to believe that a violation of a statute or rule is causing an imminent and substantive endangerment to the public health, water quality, or environment within a mobile home park, request a temporary restraining order, preliminary injunction, permanent injunction, or any other relief necessary to protect the public health, water quality, or environment;

(v) May expend money, manage staff, and perform other administrative functions essential for the operation of a district attorney's office when appointed by executive order of the governor; and

(w) May conduct jail assessments in collaboration with the jail standards advisory committee, created pursuant to section 30-10-530, pursuant to section 24-31-118.

(2) The general assembly hereby recognizes and reaffirms that the attorney general has all powers conferred by statute and by common law in accordance with section 2-4-211 regarding all trusts established for charitable, educational, religious, or benevolent purposes.

(3) and (4) Repealed.

C.R.S. § 24-31-101

Amended by 2024 Ch. 477,§ 3, eff. 1/1/2025.

Amended by 2024 Ch. 286,§ 2, eff. 8/7/2024, app. to all qualifying properties for the right of first refusal that are listed for sale on or after the effective date but for which a residential seller has not accepted an offer to purchase the qualifying property and executed the necessary agreements in connection with accepting the offer and to all qualifying properties for the right of first offer on or after the effective date that do not have active listings as of the effective date.

Amended by 2024 Ch. 399,§ 19, eff. 6/30/2024.

Amended by 2024 Ch. 328,§ 5, eff. 6/3/2024.

Amended by 2024 Ch. 158,§ 12, eff. 5/3/2024, app. to actions related to violations of part 5 of article 12 of title 38 that are filed on or after 5/3/2024.

Amended by 2024 Ch. 73,§ 1, eff. 4/17/2024.

Amended by 2024 Ch. 72,§ 3, eff. 7/1/2024.

Amended by 2023 Ch. 432,§ 1, eff. 8/7/2023.

Amended by 2023 Ch. 151,§ 5, eff. 8/7/2023.

Amended by 2023 Ch. 427,§ 4, eff. 6/7/2023.

Amended by 2023 Ch. 376,§ 4, eff. 6/5/2023.

Amended by 2023 Ch. 68,§ 21, eff. 4/14/2023.

Amended by 2022 Ch. 255, § 1, eff. 10/1/2022.

Amended by 2022 Ch. 485, § 1, eff. 8/10/2022.

Amended by 2022 Ch. 407, § 2, eff. 8/10/2022.

Amended by 2022 Ch. 394, § 1, eff. 8/10/2022.

Amended by 2022 Ch. 370, § 13, eff. 8/10/2022.

Amended by 2022 Ch. 166, § 2, eff. 8/10/2022.

Amended by 2022 Ch. 154, § 2, eff. 8/10/2022.

Amended by 2021 Ch. 458, § 10, eff. 7/6/2021.

Amended by 2020 Ch. 12, § 2, eff. 9/1/2020.

Amended by 2020 Ch. 110, § 9, eff. 6/19/2020.

Amended by 2019 Ch. 136, § 127, eff. 10/1/2019.

Amended by 2016 Ch. 94, § 1, eff. 8/10/2016.

Amended by 2014 Ch. 376, § 4, eff. 7/1/2014.

L. 41: § 79, § 49. CSA: C. 3, § 49. CRS 53: § 3-9-1. C.R.S. 1963: § 3-9-1. L. 64: p. 119, § 15. L. 65: p. 144, § 1. L. 75: (1)(a) amended, p. 215, § 45, effective July 16. L. 77: (1)(e) added, p. 1183, § 1, effective May 26; (1)(a) and (1)(b) amended, p. 263, § 2, effective June 2. L. 79: (4) amended, p. 968, § 3, effective June 15. L. 81: (5) added, p. 1166, § 1, effective May 26; (1)(f) added, p. 671, § 3, effective July 1; (2) repealed, p. 339, § 2, effective July 1. L. 83: (1)(c) amended, p. 835, § 43, effective July 1. L. 94: (6) added, p. 565, § 11, effective April 6. L. 2004: (4.5) added, p. 620, § 2, effective July 1. L. 2006: (1)(f) amended, p. 762, § 22, effective July 1. L. 2014: (4.7) added, (HB 14-1380), ch. 1794, p. 1794, § 4, effective July 1. L. 2016: (1)(a), (1)(b), (1)(c), (1)(d), (3), and (4) amended, (HB 16-1094), ch. 263, p. 263, § 1, effective August 10. L. 2019: (1)(f) amended, (HB 19-1172), ch. 1688, p. 1688, § 127, effective October 1. L. 2020: (3) and (4) added, (SB 20-217), ch. 457, p. 457, § 9, effective June 19; entire section R&RE, (SB 20 -063), ch. 49, p. 49, § 2, effective September 14.

(1) Amendments to this section by SB 20-063 and SB 20-217 were harmonized.

(2) Amendments to subsection (1)(i) by SB 22-161, SB 22-228, HB 22-1082, and HB 22-1287 were harmonized.

(3) Amendments to subsections (1)(p) and (1)(q) by SB 22-157, SB 22-179, and HB 22-1119 were harmonized.

(4) Amendments to subsection (1)(i)(XVII) by HB 23-1099 and SB 23-188 were harmonized.

(5) Section 14 of chapter 376 (HB 23-1257), Session Laws of Colorado 2023, provides that the act changing this section applies to offenses committed or conduct occurring on or after June 5.

(6) Section 77 of chapter 427 (HB 23-1192), Session Laws of Colorado 2023, provides that the act changing this section applies to conduct occurring on or after June 7, 2023.

(7) Section 4 of chapter 72 (HB 24-1081), Session Laws of Colorado 2024, provides that the act changing this section applies to covered products sold or transferred on or after July 1, 2024.

(8) Section 15 of chapter 158 (SB 24-094), Session Laws of Colorado 2024, provides that the act changing this section applies to actions related to violations of part 5 of article 12 of title 38 that are filed on or after May 3.

(9) Section 3(2) of chapter 286 (HB 24-1175), Session Laws of Colorado 2024, provides that the act changing this section applies to all qualifying properties for the right of first refusal that are listed for sale on or after August 7, 2024, but for which a residential seller has not accepted an offer to purchase the qualifying property and executed the necessary agreements in connection with accepting the offer and to all qualifying properties for the right of first offer on or after August 7, 2024, that do not have active listings as of August 7, 2024.

(10) Subsections (1)(i)(XVII) and (1)(i)(XVIII) were amended in HB 24-1342, effective January 1, 2025. However, those amendments were superseded by the amendments to subsections (1)(i)(XVII) and (1)(i)(XVIII) in SB 24-094, effective May 3, 2024, HB 24-1294, effective June 30, 2024, HB 24-1081, effective July 1, 2024, and HB 24-1175, effective August 7, 2024.

(11) Section 3 of chapter 73 (HB 24-1118), Session Laws of Colorado 2024, provides that the act changing this section applies to actions taken by the attorney general pursuant to § 24-31-101 (1)(v) or 24-31-117, Colorado Revised Statutes, on or after April 17, 2024.

2024 Ch. 477, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2023 Ch. 432, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2024 Ch. 286, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2023 Ch. 151, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2022 Ch. 485, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2022 Ch. 407, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2022 Ch. 394, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2022 Ch. 370, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2022 Ch. 166, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2022 Ch. 154, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2022 Ch. 255, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

(1) For legal services provided by the office of the attorney general to the board of assessment appeals, see § 39-2-127 (3); for the salary of the attorney general, see § 24-9-101; for discretionary funds of the attorney general, see § 24-9-105; for the election of the attorney general, see § 3 of art. IV, Colo. Const., and § 1-4-204. (2) For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020. For the legislative declaration in HB 22-1082, see section 1 of chapter 166, Session Laws of Colorado 2022. For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1081, see section 1 of chapter 72, Session Laws of Colorado 2024.