Construction of Statutes

C.R.S. tit. 2, art. 4
in effect

C.R.S. § 2-4-101 Common and technical usage

2-4-101. Common and technical usage. Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.

C.R.S. § 2-4-102 Singular and plural

2-4-102. Singular and plural. The singular includes the plural, and the plural includes the singular.

C.R.S. § 2-4-103 Gender

2-4-103. Gender. Every word importing the masculine gender only may extend to and be applied to females and things as well as males; every word importing the feminine gender only may extend to and be applied to males and things as well as females; and every word importing the neuter gender only may extend to and be applied to natural persons as well as things.

C.R.S. § 2-4-104 Tense

2-4-104. Tense. Words in the present tense include the future tense.

C.R.S. § 2-4-105 Week

2-4-105. Week. The word "week" means any seven consecutive days.

C.R.S. § 2-4-108 Computation of time

2-4-108. Computation of time. (1) In computing a period of days, the first day is excluded and the last day is included. (2) If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday. (3) If a number of months is to be computed by counting the months from a particular day, the period ends on the same numerical day in the concluding month as the day of the month from which the computation is begun, unless there are not that many days in the concluding month, in which case the period ends on the last day of that month.

C.R.S. § 2-4-109 Standard time - daylight saving time - definition - repeal

2-4-109. Standard time - daylight saving time - definition - repeal. (1) (a) The standard time within the state, except as provided in subsection (2) of this section, is that which is now known and designated by act of congress as "United States Mountain Standard Time". (b) This subsection (1) is repealed, effective on the date subsection (2.5) of this section takes effect. (2) (a) From two o'clock antemeridian on the second Sunday of March, until two o'clock antemeridian on the first Sunday of November, or such other times and days as may, from time to time, be designated by act of congress, the standard time in this state so established shall be one hour in advance of the standard time now known as "United States Mountain Standard Time". (b) This subsection (2) is repealed, effective on the date subsection (2.5) of this section takes effect. (2.5) (a) The standard time within the state throughout the year is coordinated universal time minus six hours. As used in this section, "coordinated universal time" means the time scale maintained through the general conference of weights and measures and interpreted or modified for the United States by the secretary of commerce in coordination with the secretary of the Navy. (b) (I) This subsection (2.5) takes effect at two o'clock antemeridian on the first Sunday of November after the governor notifies the revisor of statutes that the following conditions have occurred: (A) A federal law is enacted and takes effect that authorizes states to adopt coordinated universal time minus six hours, commonly known as "United States Mountain Daylight Saving Time", as the standard time for the state throughout the year; and (B) At least four states in the mountain standard time zone, in addition to Colorado, enact legislation that becomes law making coordinated universal time minus six hours, commonly known as "United States Mountain Daylight Saving Time", the states' standard time throughout the year. (II) The governor shall notify the revisor of statutes in writing of the date on which the conditions specified in subsection (2.5)(b)(I) of this section have occurred by e-mailing the notice to revisorofstatutes.ga@coleg.gov. (III) For purposes of this subsection (2.5)(b), the mountain standard time zone includes Arizona, New Mexico, Colorado, Utah, Wyoming, Montana, and the southern portion of Idaho as described in 15 U.S.C. sec. 264. (3) In all laws, statutes, orders, decrees, rules, and regulations relating to the time of performance of any act by any officer or department of this state, or of any county, city and county, city, town, district, or other political subdivision thereof, or relating to the time in which any rights shall accrue or determine, or within which any act shall or shall not be performed by any person subject to the jurisdiction of the state, and in all the public schools and in all other institutions of this state, or of any county, city and county, city, town, or district thereof, and in all contracts or choses in action made or to be performed in this state, the time shall be as set forth in this section and it shall be so understood and intended.

C.R.S. § 2-4-110 Joint authority

2-4-110. Joint authority. A grant of authority to three or more persons as a public body confers the authority upon a majority of the number of members fixed by statute.

C.R.S. § 2-4-111 Quorum

2-4-111. Quorum. A quorum of a public body is a majority of the number of members fixed by statute.

C.R.S. § 2-4-112 Conflict in the expression of numbers

2-4-112. Conflict in the expression of numbers. If there is a conflict between figures and words in expressing a number, the words govern.

C.R.S. § 2-4-113 Use of "to" in reference to several sections

2-4-113. Use of "to" in reference to several sections. Wherever in the statutes of this state a reference is made to several sections and the section numbers given in the reference are connected by the word "to", the reference includes both sections whose numbers are given and all intervening sections.

C.R.S. § 2-4-114 Introductory portion

2-4-114. Introductory portion. The portion of any section, subsection, paragraph, or subparagraph which precedes a list of examples, requirements, conditions, or other items may be referred to and cited as the "introductory portion" to the section, subsection, paragraph, or subparagraph.

C.R.S. § 2-4-115 Assessed value - valuation for assessment

2-4-115. Assessed value - valuation for assessment. (1) The phrase "assessed value" means either the assessed value for the purpose of a levy imposed by a local governmental entity or the assessed value for the purpose of a levy imposed by a school district as best determined in the particular context by the property tax administrator. (2) The phrase "valuation for assessment" means either the valuation for assessment for the purpose of a levy imposed by a local governmental entity or the valuation for assessment for the purpose of a levy imposed by a school district as best determined in the particular context by the property tax administrator.

C.R.S. § 2-4-201 Intentions in the enactment of statutes

2-4-201. Intentions in the enactment of statutes. (1) In enacting a statute, it is presumed that: (a) Compliance with the constitutions of the state of Colorado and the United States is intended; (b) The entire statute is intended to be effective; (c) A just and reasonable result is intended; (d) A result feasible of execution is intended; (e) Public interest is favored over any private interest.

C.R.S. § 2-4-202 Statutes presumed prospective

2-4-202. Statutes presumed prospective. A statute is presumed to be prospective in its operation.

C.R.S. § 2-4-203 Ambiguous statutes - aids in construction

2-4-203. Ambiguous statutes - aids in construction. (1) If a statute is ambiguous, the court, in determining the intention of the general assembly, may consider among other matters: (a) The object sought to be attained; (b) The circumstances under which the statute was enacted; (c) The legislative history, if any; (d) The common law or former statutory provisions, including laws upon the same or similar subjects; (e) The consequences of a particular construction; (f) The administrative construction of the statute; (g) The legislative declaration or purpose.

C.R.S. § 2-4-204 Severability of statutory provisions

2-4-204. Severability of statutory provisions. If any provision of a statute is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of the statute are valid, unless it appears to the court that the valid provisions of the statute are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed the legislature would have enacted the valid provisions without the void one; or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

C.R.S. § 2-4-205 Special or local provision prevails over general

2-4-205. Special or local provision prevails over general. If a general provision conflicts with a special or local provision, it shall be construed, if possible, so that effect is given to both. If the conflict between the provisions is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later adoption and the manifest intent is that the general provision prevail.

C.R.S. § 2-4-206 Irreconcilable statutes passed at the same or different sessions

2-4-206. Irreconcilable statutes passed at the same or different sessions. If statutes enacted at the same or different sessions of the general assembly are irreconcilable, the statute prevails which is latest in its effective date. If the irreconcilable statutes have the same effective date, the statute prevails which is latest in its date of passage.

C.R.S. § 2-4-207 Original controls over subsequent printing

2-4-207. Original controls over subsequent printing. If the language of the official copy of a statute conflicts with the language of any subsequent printing or reprinting of the statute, the language of the official copy prevails.

C.R.S. § 2-4-208 Continuation of prior law

2-4-208. Continuation of prior law. A statute which is reenacted, revised, or amended is intended to be a continuation of the prior statute and not a new enactment, insofar as it is the same as the prior statute.

C.R.S. § 2-4-209 Statutory references

2-4-209. Statutory references. A reference to any portion of a statute applies to all reenactments, revisions, or amendments thereof.

C.R.S. § 2-4-211 Common law of England

2-4-211. Common law of England. The common law of England so far as the same is applicable and of a general nature, and all acts and statutes of the British parliament, made in aid of or to supply the defects of the common law prior to the fourth year of James the First, excepting the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth, and the ninth chapter of thirty-seventh Henry the Eighth, and which are of a general nature, and not local to that kingdom, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority.

C.R.S. § 2-4-212 Liberal construction

2-4-212. Liberal construction. All general provisions, terms, phrases, and expressions, used in any statute, shall be liberally construed, in order that the true intent and meaning of the general assembly may be fully carried out.

C.R.S. § 2-4-213 Form of enacting clause

2-4-213. Form of enacting clause. All acts of the general assembly of the state of Colorado shall be designated, known, and acknowledged in each such act of said state as follows: "Be it enacted by the General Assembly of the State of Colorado".

C.R.S. § 2-4-214 Use of relative and qualifying words and phrases

2-4-214. Use of relative and qualifying words and phrases. The general assembly hereby finds and declares that the rule of statutory construction expressed in the Colorado supreme court decision entitled People v. McPherson, 200 Colo. 429, 619 P.2d 38 (1980), which holds that ". . . relative and qualifying words and phrases, where no contrary intention appears, are construed to refer solely to the last antecedent with which they are closely connected . . ." has not been adopted by the general assembly and does not create any presumption of statutory intent.

C.R.S. § 2-4-215 Each general assembly a separate entity - future general assemblies not bound by acts of previous general assemblies

2-4-215. Each general assembly a separate entity - future general assemblies not bound by acts of previous general assemblies. (1) The general assembly finds and declares, pursuant to the constitution of the state of Colorado, that each general assembly is a separate entity, and the acts of one general assembly are not binding on future general assemblies. Accordingly, no legislation passed by one general assembly requiring an appropriation shall bind future general assemblies. (2) Furthermore, the general assembly finds and declares that when a statute provides for the proration of amounts in the event appropriations are insufficient, the general assembly has not committed itself to any particular level of funding, does not create any rights in the ultimate recipients of such funding or in any political subdivision or agency which administers such funds, and clearly intends that the level of funding under such a statute is in the full and complete discretion of the general assembly.

C.R.S. § 2-4-216 Limitations on statutory programs

2-4-216. Limitations on statutory programs. (1) When the general assembly creates statutory programs which are not required by federal law and which offer and provide services or assistance or both to persons in this state, the general assembly gives rise to a reasonable expectation that such services or assistance or both will be provided by the state in a manner consistent with the statutes which created the programs. However, the general assembly does not commit itself or the taxpayers of the state to the provision of a particular level of funding for such programs and does not create rights in the ultimate recipient to a particular level of service or assistance or both. The general assembly intends that the level of funding, and thus the level of service or assistance or both, shall be in the full and complete discretion of the general assembly, consistent with the statute which created the program. (2) In the statutes creating some of these programs, the general assembly expressly conditions any rights arising under such programs by the use of the words "within available appropriations" or "subject to available appropriations" or similar words of limitation. The purpose of the use of these words of limitation is to reaffirm the principles set forth in subsection (1) of this section. (3) At the time such a program is created, the general assembly appropriates funds for its implementation, taking into account many factors, including but not limited to the availability of revenues, the importance of the program, and needs of recipients when balanced with the needs of recipients under other state programs. The amount of the initial appropriation indicates a program's priority in relation to other state programs. The general assembly reasonably expects that the priority of the program will be subject to annual changes which will be reflected in the modification of the annual appropriation for the program. If the general assembly desires a substantive change in the program, or to eliminate the program, that can be accomplished by amendment of the statutory law which created the program. (4) It is the purpose of the general assembly, through the enactment of this section, to clarify that the rights, if any, created through the enactment of statutory programs are subject to substantial modification through the annual appropriation process, so long as the modification is consistent with the statute which created the program.

C.R.S. § 2-4-301 Multiple amendments to the same provision - one without reference to the other

2-4-301. Multiple amendments to the same provision - one without reference to the other. If amendments to the same statute are enacted at the same or different sessions of the general assembly and one amendment is without reference to another, the amendments are to be harmonized, if possible, so that effect may be given to each. If the amendments are irreconcilable, the amendment prevails which is latest in its effective date. If the irreconcilable statutes have the same effective date, the statute prevails which is latest in its date of passage.

C.R.S. § 2-4-302 Repeal of a repealing statute

2-4-302. Repeal of a repealing statute. The repeal of a repealing statute does not revive the statute originally repealed.

C.R.S. § 2-4-303 Penalties and liabilities not released by repeal

2-4-303. Penalties and liabilities not released by repeal. The repeal, revision, amendment, or consolidation of any statute or part of a statute or section or part of a section of any statute shall not have the effect to release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such statute, unless the repealing, revising, amending, or consolidating act so expressly provides, and such statute or part of a statute or section or part of a section of a statute so repealed, amended, or revised shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions, criminal as well as civil, for the enforcement of such penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions imposing, inflicting, or declaring such penalty, forfeiture, or liability.

C.R.S. § 2-4-401 Definitions

2-4-401. Definitions. The following definitions apply to every statute, unless the context otherwise requires: (1) "Behavioral health" refers to an individual's mental and emotional well-being and actions that affect an individual's overall wellness. Behavioral health problems and disorders include substance use disorders, serious psychological distress, suicide, and other mental health disorders. Problems ranging from unhealthy stress or subclinical conditions to diagnosable and treatable diseases are included in the term "behavioral health". The term "behavioral health" is also used to describe service systems that encompass prevention and promotion of emotional health, prevention and treatment services for mental health and substance use disorders, and recovery support. (1.1) "Child" includes child by adoption. (1.3) "Civil union" means a relationship established by two eligible persons pursuant to the requirements of article 15 of title 14, C.R.S., that entitles them to receive the benefits and protections and be subject to the responsibilities of spouses. (1.4) "Civil union certificate" means a document that certifies that the persons named in the certificate have established a civil union in this state in compliance with the provisions of article 15 of title 14, C.R.S. (1.5) "Contraceptive" or "contraception" means a medically acceptable drug, device, or procedure used to prevent pregnancy. (2) "Court" means a court of record. (2.5) Repealed. (3) "Executor" includes administrator and "administrator" includes executor. (3.2) "Felony" includes a drug felony described in article 18 of title 18. (3.4) "Gender expression" means an individual's way of reflecting and expressing the individual's gender to the outside world, typically demonstrated through appearance, dress, and behavior. (3.5) "Gender identity" means an individual's innate sense of the individual's own gender, which may or may not correspond with the individual's sex assigned at birth. (3.6) "Final disposition" means the disposition of human remains by entombment, burial, cremation, natural reduction, or removal from the state. (3.7) "Immediate family member" means a person who is related by blood, marriage, civil union, or adoption. (4) "Issue", as applied to the descent of estate, includes all the lawful, lineal descendants of the ancestor. (5) "Land", "lands", or "real estate" includes lands, tenements, and hereditaments, and all rights thereto and all interests therein. (6) "Minor" means any person who has not attained the age of twenty-one years. No construction of this subsection (6) shall supersede the express language of any statute. (6.3) "Misdemeanor" includes a drug misdemeanor described in article 18 of title 18, C.R.S. (6.5) (a) "Must" means that a person or thing is required to meet a condition for a consequence to apply. "Must" does not mean that a person has a duty. any person who has not attained the age of twenty-one years. No construction of this subsection (6) shall supersede the express language of any statute. (6.3) "Misdemeanor" includes a drug misdemeanor described in article 18 of title 18, C.R.S. (6.5) (a) "Must" means that a person or thing is required to meet a condition for a consequence to apply. "Must" does not mean that a person has a duty. (b) This subsection (6.5): (I) Is not intended to alter the interpretation of a statute enacted before August 7, 2013; and (II) Applies to statutes enacted on or after August 7, 2013, but only with regard to language that appears in small capital font in the session laws published pursuant to section 24-70-223, C.R.S. (6.9) "Natural reduction" or "naturally reduce" means the contained, accelerated conversion of human remains to soil. (7) "Oath" includes affirmation, and "swear" includes affirm. (7.5) "Partner in a civil union" or "party to a civil union" means a person who has entered into a civil union in accordance with the requirements of article 15 of title 14, C.R.S. (8) "Person" means any individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, limited liability company, partnership, association, or other legal entity. (8.5) Repealed. (9) "Personal representative" includes executor, administrator, conservator, or guardian. (9.5) "Petty offense" includes a drug petty offense described in article 18 of title 18, C.R.S. (10) "Population" means that shown by the most recent regular or special federal census. (11) "Property" means both real and personal property. (12) "Registered mail" includes certified mail. (13) "Rule" includes regulation. (13.5) "Sexual orientation" means an individual's identity, or another individual's perception thereof, in relation to the gender or genders to which the individual is sexually or emotionally attracted and the behavior or social affiliation that may result from the attraction. (13.7) (a) "Shall" means that a person has a duty. (b) This subsection (13.7): (I) Is not intended to alter the interpretation of a statute enacted before August 7, 2013; and (II) Applies to statutes enacted on or after August 7, 2013, but only with regard to language that appears in small capital font in the session laws published pursuant to section 24-70-223, C.R.S. (14) "State", when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legislative authority of the United States of America. (15) "United States" includes all states, the District of Columbia, and the territories, commonwealths, and possessions of the United States. (16) "Will" includes a codicil. (17) "Written" or "in writing" includes any representation of words, letters, symbols, or figures; but this provision does not affect any law relating to signatures.

C.R.S. § 2-4-402 Colorado Revised Statutes

2-4-402. Colorado Revised Statutes. Colorado Revised Statutes may be abbreviated and cited as "C.R.S.".
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