(1) Each state department, agency, division, board, commission, committee, and educational institution which has installed a postage meter shall place an imprint plate on such meter and a notice attached to the meter showing that the metered mail is official state of Colorado mail and that there is a penalty for the unlawful use of such postage meter for private purposes.
(2) Any person who uses a state-installed postage meter for private purposes commits a civil infraction and shall be punished as provided in section 18-1.3-503.
Source: L. 83: Entire section added, p. 892, � 1, effective June 20. L. 2002: (2) amended, p. 1532, � 245, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3226, � 413, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
24-30-1112. Permanent assignment of vehicles - state agency - verification of minimum mileage - revocation. (1) A state-owned motor vehicle that is part of the state motor vehicle fleet established pursuant to section 24-30-1104 (2) may be assigned by the department of personnel to a state agency pursuant to this section. In addition, any state-owned motor vehicle that is assigned to a state agency may be further assigned by the executive director of the state agency or by the executive director's designee to an officer or employee of the state agency pursuant to section 24-30-1113.
(2) Unless a state agency can justify to the department of personnel the need for permanent assignment of a vehicle because of its unique use, the department of personnel may permanently assign a state-owned motor vehicle to a state agency only if the use of the vehicle by the state agency is likely to meet the minimum required mileage established by the department of personnel for the utilization classification associated with the vehicle's intended work function and the use of such vehicle by the state agency complies with any additional criteria established by the department of personnel in rules. A vehicle that is assigned to a state agency must be parked at a state facility, as defined by rule, when the vehicle is not in use unless the vehicle has been assigned to an officer or employee of the state agency pursuant to section 24-30-1113.
(3) The department of personnel shall establish a program and adopt rules providing for annual verification that each state-owned motor vehicle permanently assigned to a state agency has met the minimum required mileage based on the appropriate utilization classification. If verification establishes that a vehicle has not met the minimum annual mileage rate and other criteria established in rules and if the responsible state agency cannot justify such lower mileage or failure to meet other criteria, the department of personnel shall revoke the permanent assignment of the vehicle immediately.
(4) The department of personnel shall adopt rules governing the procedure for revocation of assignment of state-owned motor vehicles that have been permanently assigned to a state agency. Revocation of assignment shall occur when the department of personnel determines that:
(a) The vehicle has been used for other than official business or has been used for commuting without being assigned to an officer or employee of the state agency pursuant to section 24-30-1113;
(b) (I) The state agency has not submitted reports or other documentation to the department of personnel that it is required to submit pursuant to rules adopted by the department; or
(II) Any reports or other documentation that the state agency has submitted fail to meet the standards established in rules adopted by the department of personnel for the submission of such reports and documentation and the state agency has not cured the deficiencies within thirty days after receiving notification from the department of personnel of such deficiency;
(c) The state agency has knowingly and willfully supplied false information to the department of personnel regarding the permanent assignment of the motor vehicle to the state agency;
(d) A state-owned motor vehicle has been abused; or
(e) A violation of other rules promulgated by the department of personnel has occurred, which warrants revocation of assignment to the state agency as specified in the rules adopted by the department of personnel.
(5) The department of personnel shall not honor new requisitions for assignment of vehicle following the revocation of assignment until the department of personnel is assured that the violation for which a vehicle was previously revoked will not recur.
Source: L. 92: Entire section added, p. 1003, � 3, effective July 1. L. 2004: IP(1)(a), (2), and (3)(a) amended, p. 308, � 6, effective August 4. L. 2017: Entire section amended, (HB 17-1296), ch. 293, p. 1613, � 1, effective September 1. L. 2018: Entire section amended, (HB 18-1375), ch. 274, p. 1706, � 40, effective May 29.
24-30-1113. Assignment of vehicles to state agency officers or employees - report to legislative audit committee - definition. (1) Notwithstanding section 24-30-1102 (5), as used in this section, unless the context otherwise requires, state agency means the state or any department, board, bureau, commission, institution, or other agency of the state; except that state agency does not include any state institution of higher education, the Auraria higher education center, or the legislative and judicial branches of state government. As used in this section, state agency does include the state board of stock inspection commissioners, created in section 35-41-101.
(2) (a) The executive director of a state agency or the executive director's designee may assign a state-owned motor vehicle that has been assigned to the state agency pursuant to section 24-30-1112 to an officer or employee of the state agency for conducting state business and commuting. Commuting includes traveling from an officer's or employee's personal residence to one or more regular places of business but does not include traveling away from home as defined by the federal internal revenue service. A state-owned motor vehicle may be parked at the personal residence of an officer or employee of a state agency for more than one day per month only if the state agency has assigned the vehicle to the officer or employee pursuant to this section or if the officer or employee is using the vehicle to travel away from home. An officer or employee shall not use a state-owned motor vehicle for commuting unless such use is authorized pursuant to this section. The assignment of a state-owned motor vehicle pursuant to this section must comply with the requirements of section 24-30-1112.
(b) The executive director of a state agency or the executive director's designee must authorize the assignment of a vehicle in writing and submit the authorization and any supporting documentation to the executive director of the department of personnel for final approval. The executive director of a state agency or the executive director's designee shall authorize the assignment of a vehicle only if:
(I) Assignment of the vehicle is necessary to conduct official and legitimate state business;
(II) Assignment of the vehicle satisfies at least one of the following requirements:
(A) The vehicle meets the federal internal revenue service definition of qualified nonpersonal use, as specified in 26 CFR 1.274-5 (k); or
(B) The assignment of the vehicle is the most cost-efficient means of transportation, as defined in rules adopted by the department of personnel, to the state agency; and
(III) Assignment of the vehicle complies with any additional criteria established in rules adopted by the department of personnel.
(c) An executive director of a state agency or the executive director's designee who authorizes the assignment of a state-owned motor vehicle to an officer or employee of the state agency shall maintain documentation of the assignment, including the executive director's justification for authorizing the assignment of the vehicle. At least annually, the executive director of a state agency or the executive director's designee shall review each assignment of a vehicle to ensure that the assignment complies with the requirements of this section.
(3) The executive director of the department of personnel or the state controller, or the designee of either official, as applicable, shall review any assignment of a state-owned motor vehicle to an officer or employee of a state agency. The executive director of the department of personnel or the state controller, or the designee of either official, as applicable, shall verify that the assignment of the vehicle complies with the requirements specified in subsection (2) of this section and the regulations of the federal internal revenue service. If the review establishes that the assignment of a vehicle does not comply with such requirements, the executive director of the department of personnel shall revoke the assignment of the vehicle.
(4) In addition to the initial approval required by subsection (3) of this section, the department of personnel shall establish a program and adopt rules providing for annual review and verification by the executive director of the department of personnel or the state controller, or the designee of either official, as applicable, that each state-owned motor vehicle assigned to an officer or employee of a state agency still complies with the requirements of subsection (2) of this section and the regulations of the federal internal revenue service. The requirements of this subsection (4) apply to all state-owned motor vehicles, whether they were assigned before, on, or after September 1, 2017. If the verification process establishes that the assignment of a vehicle no longer complies with subsection (2) of this section or the regulations of the federal internal revenue service, the department of personnel shall revoke the assignment of the vehicle.
(5) Any officer or employee of a state agency who is assigned a state-owned motor vehicle because it is the most cost-efficient means of transportation as specified in subsection (2)(b)(II)(B) of this section is required to pay income tax on the value of the fringe benefit of the vehicle. The state controller, or the state controller's designee, shall calculate and report as income the value of the fringe benefit of the vehicle in accordance with the regulations of the federal internal revenue service. The state controller shall promulgate rules regarding how the value of the fringe benefit will be calculated and reported.
(6) The executive director of the department of personnel, or the executive director's designee, and the state controller, or state controller's designee, shall promulgate rules as required in this section and may promulgate additional rules deemed necessary for the implementation of this section. Such rules shall be promulgated in accordance with article 4 of this title 24.
(7) Repealed.
Source: L. 92: Entire section added, p. 1004, � 3, effective July 1. L. 2004: (1) and (4) amended, p. 308, � 7, effective August 4. L. 2017: Entire section R&RE, (HB 17-1296), ch. 293, p. 1615, � 2, effective September 1. L. 2018: IP(2)(b), (3), (4), and (6) amended, (HB 18-1375), ch. 274, p. 1708, � 41, effective May 29. L. 2020: (2)(a) amended, (SB 20-071), ch. 5, p. 7, � 1, effective September 14.
Editor's note: Subsection (7)(b) provided for the repeal of subsection (7), effective July 1, 2020. (See L. 2017, p. 1615.)