(1) The division shall promptly establish and maintain on a current basis, as a public record, a file listing by name all special districts, listing the names and addresses of all the members of the boards of the special districts, and recording all changes in the names or boundaries of the special districts. The file shall also list the names of the officers of each special district and a business address, a telephone number, and the name of a contact person for each district. Annually, the division shall compile and maintain a current and revised list of special districts for public inspection. Each special district shall register its business address, its telephone number, and the name of a contact person with the division when certifying the results of a district election pursuant to section 1-11-103 or 1-13.5-1305 (1).
(2) On or before January 15 of each year, a special district shall file a copy of the notice required pursuant section 32-1-809 (1) with the board of county commissioners, the county assessor, the county treasurer, and the county clerk and recorder of each county in which the special district is located, the governing body of any municipality in which the special district is located, and the division.
(3) (a) The board of directors of an inactive special district may adopt a resolution that describes and affirms its qualifications for its inactive status and may direct that a notice of inactive status be filed with the board of county commissioners and the city council of each county and city that approved its service plan pursuant to section 32-1-204 or 32-1-204.5; the treasurer, assessor, and the clerk and recorder of the county or counties in which the inactive special district is located; the district court having jurisdiction over the formation of the special district; the state auditor; and the division of local government. The notice of inactive status shall be filed on or before December 15 of the year in which the board adopts a resolution of inactive status. At the time of filing the notice of inactive status, the district shall be in compliance with each of the requirements specified in subsection (5) of this section.
(b) When the board of directors of a district on inactive status determines that the district shall return to active status, the board shall adopt a resolution that declares the district's return to active status and authorizes the filing of a notice of the district's determination to return to active status with the same such entities that received the notice of inactive status under paragraph (a) of this subsection (3). The district's board of directors shall cause the district to be brought into compliance for the remainder of the fiscal year in which the district returns to active status with all legal requirements specified in this section for which the district has otherwise been exempt while on inactive status. The district shall be in compliance with such requirements within ninety days of delivery of notice of the board's determination to return to active status pursuant to this paragraph (b). The notices delivered pursuant to this subsection (3) shall be by certified mail, return receipt requested, except where electronic filing is required by the receiving entity.
(c) The notice of inactive status, notice of continuing inactive status, and notice of return to active status shall be standard forms developed by the division and shall be made available on the division's website.
(d) A special district shall not return to active status until it has filed an information statement under section 32-1-104.8.
(4) The special district shall be on inactive status during the period commencing with the filing of its notice of inactive status pursuant to paragraph (a) of subsection (3) of this section until such time as it has issued a notice of its determination to return to active status pursuant to paragraph (b) of subsection (3) of this section. During the period that a district is on inactive status, it shall not issue any debt, impose a mill levy, or conduct any other official business other than to conduct elections and to undertake procedures necessary to implement the district's intention to return to active status. Inactive special districts shall file with the state auditor and the division on or before December 15 of each year in which the district is on inactive status a notice that it is continuing in such status for the next fiscal year.
(5) Notwithstanding any other provision of law, inactive special districts are exempt from compliance with subsection (2) of this section; sections 32-1-104.5 (3), 32-1-207 (3)(c), 32-1-306, 32-1-809, and 32-1-903; parts 1, 2, and 6 of article 1 of title 29; and part 1 of article 1 and part 1 of article 5 of title 39.
Source: L. 81: Entire article R&RE, p. 1545, � 1, effective July 1. L. 85: Entire section amended, p. 1020, � 5, effective July 1. L. 92: (1) amended, p. 875, � 106, effective January 1, 1993. L. 93: (1) amended, p. 1790, � 77, effective June 6. L. 94: (1) amended, p. 1194, � 98, effective July 1. L. 2010: (3), (4), and (5) added, (HB 10-1362), ch. 360, p. 1710, � 2, effective August 11. L. 2013: (3)(d) added, (HB 13-1186), ch. 102, p. 325, � 3, effective August 7. L. 2015: (1) and (2) amended, (HB 15-1092), ch. 87, p. 250, � 2, effective August 5. L. 2021: (1) amended, (SB 21-160), ch. 133, p. 538, � 7, effective September 7; (5) amended, (SB 21-262), ch. 368, p. 2427, � 2, effective September 7.
Editor's note: This section is similar to former � 32-1-103 as it existed prior to 1981.
32-1-104.5. Audit and budget requirements - election results - description on state websites - official websites for metropolitan districts - requirement for designated contact person. (1) The division shall post on its official website in a form that is readily accessible to the public:
(a) A general description in plain, nontechnical language of the requirements for a special district to have an annual audit of the district's financial statements prepared in accordance with the Colorado Local Government Audit Law, part 6 of article 1 of title 29, C.R.S., and information about where a copy of the audit report is available for public inspection;
(b) A general description in plain, nontechnical language of the process and requirements for a special district to adopt an annual budget in accordance with the Local Government Budget Law of Colorado, part 1 of article 1 of title 29, C.R.S., and information about where a copy of the budget is available for public inspection; and
(c) The election results certified to the division pursuant to section 1-11-103 (3), C.R.S.
(2) The secretary of state shall provide a link to the election results posted by the division pursuant to paragraph (c) of subsection (1) of this section on the official website of the department of state.
(3) (a) Except as provided in subsection (3)(d) of this section, within one year of the date an order and decree has been issued by a district court for a newly organized metropolitan district, or by January 1, 2023, for any metropolitan district that has received an order and decree from the district court in connection with its organization after January 1, 2000, but before January 1, 2022, the metropolitan district shall establish, maintain, and, unless otherwise specified, annually update an official website in a form that is readily accessible to the public that contains the following information:
(I) The names, terms, and contact information for the current directors of the board of the metropolitan district and of the manager of the metropolitan district, if applicable;
(II) The current fiscal year budget of the metropolitan district and, within thirty days of adoption by the board of the metropolitan district, any amendments to the budget;
(III) The prior year's audited financial statements of the metropolitan district, if applicable, or an application for exemption from an audit prepared in accordance with the Colorado Local Government Audit Law, part 6 of article 1 of title 29, within thirty days of the filing of the application with the state auditor;
(IV) The annual report of the metropolitan district in accordance with section 32-1-207 (3)(c);
(V) By January 30 of each year, the date, time, and location of scheduled regular meetings of the district's board for the current fiscal year and the date, time, and location of the annual meeting, if applicable, required by section 32-1-903 (6);
(VI) If required by section 1-13.5-501 (1.5), by no later than seventy-five days prior to a regular election for an election at which members of a board of directors for a metropolitan district will be considered, the call for nominations pursuant to section 1-13.5-501 (1);
(VII) Not more than thirty days after an election, certified election results for an election conducted within the current fiscal year;
(VIII) A current map depicting the boundaries of the metropolitan district as of January 1 of the current fiscal year;
(IX) Any other information deemed appropriate by the board of directors of the metropolitan district;
(X) A general explanation in plain, nontechnical language about what a metropolitan district is, the public improvements and services it provides, the amount of debt it can incur to provide and pay for public infrastructure, what revenue may be used to repay such debt, the maximum mill levy it may assess to repay such debt, and how a resident can serve on the board of the metropolitan district;
(XI) The names of the governmental entities that overlap the metropolitan district's boundaries;
(XII) The name of the county or the municipality with which the metropolitan district must file its annual report and which may request that money of the metropolitan district be withheld pursuant to section 32-1-209 if the annual reporting requirements are not met; and
(XIII) Information regarding the system or process for contacting someone associated with the metropolitan district during regular business hours and outside of regular business hours or when metropolitan district personnel are otherwise unavailable or unreachable as required by subsection (4) of this section.
(a.5) Information that is required by subsections (3)(a)(I), (3)(a)(V), (3)(a)(VI), (3)(a)(XI), and (3)(a)(XIII) of this section must be provided on the home page of the metropolitan district's website; except that information about the annual meeting must be either posted on the home page or accessible by a link on the home page in accordance with section 32-1-903 (6)(c).
(b) Metropolitan districts serving the same community may establish and maintain a consolidated website provided the website clearly identifies each metropolitan district and provides the required information specified in subsection (3)(a) of this section for each metropolitan district.
(c) Notwithstanding any other provision of law, a notice of meeting containing the information set forth in section 24-6-402 (2)(c)(III) and posted on the metropolitan district's website no less than twenty-four hours prior to such meeting satisfies the requirements of section 24-6-402 (2)(c)(III).
(d) (I) Any metropolitan district in inactive status pursuant to section 32-1-104 (3) is not required to establish, maintain, or update an official website during inactive status. A metropolitan district returning to active status shall comply with this subsection (3) within ninety days of adoption of a resolution returning to active status.
(II) Any metropolitan district that does not have the power to impose an ad valorem property tax is not required to establish, maintain, or update an official website pursuant to this subsection (3).
(4) A metropolitan district that is required to establish and maintain an official website pursuant to subsection (3) of this section shall establish a system or process for residents to contact someone associated with the metropolitan district who can address any questions or concerns of a resident regarding the metropolitan district during regular business hours. The metropolitan district shall also establish a system or process for residents to contact someone associated with the metropolitan district outside of regular business hours or during any times when metropolitan district personnel are otherwise unavailable or unreachable to address matters of an emergent nature that cannot wait until regular business hours resume.
Source: L. 2009: Entire section added, (SB 09-087), ch. 325, p. 1731, � 1, effective September 1. L. 2015: (2) amended and (1)(c) added, (HB 15-1092), ch. 87, p. 251, � 3, effective August 5. L. 2021: (3) added, (SB 21-262), ch. 368, p. 2427, � 3, effective September 7. L. 2025: (3)(a)(V) and (3)(a)(VIII) amended and (3)(a)(X), (3)(a)(XI), (3)(a)(XII), (3)(a)(XIII), (3)(a.5), and (4) added, (HB 25-1219), ch. 290, p. 1489, � 1, effective August 6.