(1) The attorney general shall provide legal services for the department of transportation, including the commission.
(2) The executive director shall cause the attorney general to bring and prosecute for and defend on behalf of and in the name of the department, or any of its divisions, suits and proceedings:
(a) To acquire rights-of-way and other property for the department as provided by law for transportation purposes;
(b) To recover damages for negligence resulting in injury to property of the department as provided in subsection (3) of this section, but such damages shall be diminished in proportion to the amount of negligence, if any, attributable to the department;
(c) To enforce or recover damages for the breach of contracts entered into by the department;
(d) To quiet title to or to recover real or personal property or any interest or right therein;
(e) For any other purpose necessary and proper for carrying out the functions of the department.
(3) To recover damages to property of the department pursuant to paragraph (b) of subsection (2) of this section, the department shall send by first-class mail a written bill for the damage to any person causing such damage. If the person disputes liability for the damage or the amount of the bill, the person may file within twenty days of receipt of the bill an appeal with the department's chief engineer in charge of operations and maintenance in accordance with the provisions of section 24-4-105, C.R.S. The bill shall provide notice of the right to appeal.
Source: L. 91: Entire part R&RE, p. 1032, � 1, effective July 1. L. 95: (2)(b) amended and (3) added, p. 1301, � 3, effective June 5.
Editor's note: This section is similar to former � 43-1-108 as it existed prior to 1991.
43-1-112.5. Establishment of annual allowable revenues and expenditures by general assembly. (1) The general assembly hereby finds and declares that:
(a) Section 20 of article X of the state constitution limits state fiscal year spending;
(b) Subject to certain exclusions specified in section 20 of article X of the state constitution, including the exclusion of collections for another government, as defined in section 24-77-102 (1), all state general fund expenditures and all state cash fund expenditures, including expenditures of the department and the commission, are included in the limitation on state fiscal year spending;
(c) The legislative powers of the general assembly, including but not limited to its plenary power of appropriation, authorize and require the general assembly to assure compliance with the limitation on state fiscal year spending and to make fundamental fiscal policy decisions establishing the level of activity of all departments and agencies of state government, including the department and the commission; and
(d) Consonant with the exercise of such legislative powers, the general assembly must establish limits on the revenues under the jurisdiction of and the expenditures of the department and the commission.
(2) For the 1993-94 fiscal year and fiscal years thereafter, the general assembly, in the general appropriation bill or by separate bill, shall prescribe the total amount of allowable revenues which may be collected and expenditures which may be made by the department and the commission for the fiscal year. The amounts prescribed by the general assembly pursuant to this subsection (2) shall be based upon the determination of the limitation on state fiscal year spending under section 20 of article X of the state constitution and upon decisions establishing the level of activity of all departments and agencies of state government, including the department and the commission.
Source: L. 93: Entire section added, p. 1512, � 15, effective June 6. L. 2024: (1)(b) amended, (HB 24-1469), ch. 359, p. 2441, � 4, effective June 3.
Cross references: For the legislative declaration in HB 24-1469, see section 1 of chapter 359, Session Laws of Colorado 2024.