(1) In addition to any other powers granted to the division by this article 24, the division has the following powers:
(a) Repealed.
(b) To develop programs that promote successful rehabilitation, reentry, and reintegration into the community;
(c) Repealed.
(d) To acquire or purchase equipment, raw materials, supplies, office space, insurance, and services and to engage the supervisory personnel necessary to establish and maintain the external programs and internal programs at the state's correctional institutions pursuant to law;
(e) To produce goods and services that are needed for the construction, operation, or maintenance of any office, department, institution, or agency supported in whole or in part by the state, any political subdivision of the state, or the federal government;
(f) (I) To sell goods and services, including capital construction items, produced by the internal programs to agencies supported in whole or in part by the state, any political subdivision of the state, other states or their political subdivisions, or the federal government; and
(II) To sell such goods to entities who have entered into financed purchase of an asset or certificate of participation agreements with any public entity enumerated in subsection (1)(f)(I) of this section pursuant to which such goods are used by such public entity;
(g) To adopt, have, and use a seal and to alter the same at its pleasure;
(h) To sue and be sued;
(i) To enter into any contract or agreement not inconsistent with this article or the laws of this state;
(j) To borrow money from the state treasury in an amount not to exceed three million dollars pursuant to section 24-75-203, C.R.S., for a period of time not to exceed ten years. All moneys borrowed, including principal and interest shall be repaid in nine equal annual installments, commencing after the first year. The three-million-dollar limit shall include any amounts loaned to correctional industries in supplemental appropriation bills passed prior to May 22, 1979.
(k) (I) To purchase, lease, trade, exchange, or otherwise acquire, maintain, and dispose of real property and personal property and any interest therein pursuant to law.
(II) to (IV) Repealed.
(V) As used in this paragraph (k), real property means land, including land under water, buildings, structures, fixtures, and improvements on land, any property appurtenant to or used in connection with land, and every estate, interest, privilege, easement, right-of-way, and other right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens. However, the term real property does not include leasehold interests.
(l) To accept grants or loans from the federal, the state, or any local government and to do all things necessary, not inconsistent with this article or any other laws of this state, in order to avail itself of such aid, assistance, and cooperation under any federal legislation;
(m) To enter into contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this article pursuant to law;
(n) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this article, which powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article;
(o) To adopt rules and regulations pursuant to article 4 of title 24, C.R.S., consistent with the provisions of this article;
(p) To sell Colorado state flags produced by an internal program to retailers in this state at a price as near to the prevailing wholesale market price and quality as is practical and to individuals at retail price; however, the division must supply the requirements of state agencies and political subdivisions of the state before selling such flags as provided in this subsection (1)(p). The price of flags to state agencies and political subdivisions of this state must be determined pursuant to section 17-24-112.
(q) Repealed.
(r) To receive, repair, and distribute surplus property pursuant to the powers and duties provided in part 4 of article 82 of title 24, and to receive, repair, sell, or otherwise dispose of surplus state property as provided in section 17-24-106.6;
(s) To authorize and issue revenue bonds pursuant to the provisions of section 17-24-106.3;
(t) To establish and operate a canteen for the use and benefit of the inmates of state correctional facilities and to operate vending machines for the use of visitors to such facilities.
(2) Repealed.
Source: L. 77: Entire title R&RE, p. 929, � 10, effective August 1. L. 79: (1)(j) amended, p. 707, � 1, effective May 22. L. 80: (1)(f) amended, p. 528, � 1, effective February 29; (1)(a) and (1)(b) amended, p. 526, � 4, effective March 25. L. 81: (1)(p) and (1)(q) added, p. 962, � 1, effective May 18. L. 82: (1)(j) amended, p. 623, � 16, effective April 2. L. 83: (1)(p) amended and (1)(q) repealed, p. 692, �� 1, 2, effective March 3; (1)(f) amended, p. 690, � 1, effective April 29. L. 86: (2) added, p. 757, � 12, effective July 1; (1)(r) added, p. 753, � 1, effective July 1, 1987. L. 92: (1)(k) amended, p. 1062, � 1, effective June 1. L. 94: (1)(s) added, p. 315, � 2, effective March 22. L. 96: (1)(k)(III) amended, p. 1266, � 182, effective August 7. L. 97: (1)(j) amended, p. 78, � 1, effective March 24. L. 98: (1)(k)(II) to (1)(k)(IV) repealed, p. 728, � 12, effective May 18. L. 2002: (1)(r) amended, p. 220, � 2, effective April 3; (1)(t) added, p. 56, � 1, effective July 1. L. 2021: IP(1) and (1)(f)(II) amended, (HB 21-1316), ch. 325, p. 2000, � 10, effective July 1. L. 2022: IP(1), (1)(b), (1)(d), (1)(e), (1)(f)(I), (1)(p), and (1)(r) amended and (1)(a) and (1)(c) repealed, (SB 22-050), ch. 51, p. 242, � 6, effective March 30.
Editor's note: (1) This section is similar to former � 27-25-103 as it existed prior to 1977.
(2) Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 1988. (See L. 86, p. 757.)
Cross references: For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
17-24-106.3. Revenue bonds - authority - issuance - requirements - covenants. (1) (a) Subject to the prior approval of the correctional industries advisory committee acting by resolution in accordance with the provisions of section 17-24-104 (5) and from both houses of the general assembly acting either by bill or joint resolution, the division may, in accordance with the requirements of subsection (2) of this section, authorize and issue revenue bonds in an amount not to exceed one million dollars in the aggregate for expenses of the division.
(b) All bonds issued by the division shall provide that:
(I) No holder of any such bond may compel the state or any subdivision thereof to exercise its appropriation or taxing power; and
(II) The bond does not constitute a debt of the state and is payable only from the net revenues allocated to the division for expenses as designated in such bond.
(2) Any bonds issued pursuant to the terms of this section may be sold at public or private sale. If bonds are to be sold at a public sale, the division shall advertise the sale in such manner as the general assembly authorizes by bill or joint resolution. All bonds issued pursuant to the terms of this section shall be sold at a price not less than the par value thereof, together with all accrued interest to the date of delivery.
(3) Notwithstanding any provisions of the law to the contrary, all bonds issued pursuant to this section are negotiable.
(4) Bonds issued under this section shall be valid and binding obligations, regardless of whether, prior to the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon have ceased to serve in their official capacities.
(5) (a) Except as otherwise provided in a resolution authorizing bonds pursuant to the provisions of section 17-24-104 (5), all bonds of the same issue under this section shall have a prior and paramount lien on the net revenues pledged therefor.
(b) Bonds of the same issue or series issued under this section shall be equally and ratably secured, without priority by reason of number, date, sale, execution, or delivery, by a lien on the net revenue pledged in accordance with the terms of the resolution authorizing the bonds.
Source: L. 94: Entire section added, p. 315, � 3, effective March 22.