10 | | - | ONCERNING THE CODIFICATION OF THE COLORADO ACCESS TO JUSTICE |
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11 | | - | COMMISSION |
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12 | | - | . |
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13 | | - | |
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14 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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15 | | - | SECTION 1. In Colorado Revised Statutes, add article 5.7 to title |
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16 | | - | 13 as follows: |
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17 | | - | ARTICLE 5.7 |
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18 | | - | Colorado Access to Justice Commission |
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| 13 | + | ONCERNING THE CODIFICATION OF THE COLORADO ACCESS TO101 |
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| 14 | + | JUSTICE COMMISSION.102 |
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| 15 | + | Bill Summary |
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| 16 | + | (Note: This summary applies to this bill as introduced and does |
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| 17 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 18 | + | passes third reading in the house of introduction, a bill summary that |
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| 19 | + | applies to the reengrossed version of this bill will be available at |
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| 20 | + | http://leg.colorado.gov |
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| 21 | + | .) |
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| 22 | + | The bill codifies the Colorado access to justice commission |
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| 23 | + | (commission). The governor, legislative leadership, supreme court of |
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| 24 | + | Colorado, and Colorado legal organizations are to appoint the 17- to |
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| 25 | + | 20-member commission. Additionally, the Colorado supreme court justice |
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| 26 | + | liaison, the executive director of Colorado legal services, the executive |
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| 27 | + | director of the legal aid foundation of Colorado, and a representative of |
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| 28 | + | SENATE |
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| 29 | + | 3rd Reading Unamended |
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| 30 | + | May 3, 2023 |
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| 31 | + | SENATE |
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| 32 | + | 2nd Reading Unamended |
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| 33 | + | May 2, 2023 |
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| 34 | + | HOUSE |
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| 35 | + | 3rd Reading Unamended |
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| 36 | + | April 14, 2023 |
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| 37 | + | HOUSE |
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| 38 | + | Amended 2nd Reading |
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| 39 | + | April 13, 2023 |
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| 40 | + | HOUSE SPONSORSHIP |
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| 41 | + | Joseph and Soper, Bacon, Bird, Boesenecker, Brown, Dickson, English, Epps, Froelich, |
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| 42 | + | Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Lieder, Lindsay, Lindstedt, Lynch, Marshall, |
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| 43 | + | McCluskie, Michaelson Jenet, Ortiz, Ricks, Titone, Vigil, Weissman |
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| 44 | + | SENATE SPONSORSHIP |
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| 45 | + | Roberts and Gardner, Coleman, Exum, Gonzales, Kirkmeyer, Liston, Lundeen, Moreno, |
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| 46 | + | Pelton B., Pelton R., Priola, Smallwood |
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| 47 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 48 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 49 | + | Dashes through the words or numbers indicate deletions from existing law. the Colorado attorney general serve as ex officio nonvoting members of |
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| 50 | + | the commission. |
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| 51 | + | The bill directs the commission to make recommendations |
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| 52 | + | regarding legislative and regulatory changes that could help improve |
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| 53 | + | access to justice for all Coloradans. The commission may hire staff to |
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| 54 | + | facilitate its work. |
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| 55 | + | The bill creates the Colorado access to justice commission cash |
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| 56 | + | fund. The commission is authorized to receive gifts, grants, and donations |
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| 57 | + | to fund the commission's duties. |
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| 58 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 59 | + | SECTION 1. In Colorado Revised Statutes, add article 5.7 to title2 |
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| 60 | + | 13 as follows:3 |
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| 61 | + | ARTICLE 5.74 |
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| 62 | + | Colorado Access to Justice Commission5 |
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20 | | - | HE GENERAL ASSEMBLY |
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21 | | - | FINDS AND DECLARES THAT |
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22 | | - | : |
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23 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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24 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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25 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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26 | | - | history, or the Session Laws. |
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27 | | - | ________ |
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28 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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29 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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30 | | - | the act. (a) ACCESS TO JUSTICE IS A BASIC PRINCIPLE OF THE RULE OF LAW, |
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31 | | - | AND IT ENSURES THAT ALL PERSONS, INSTITUTIONS, AND ENTITIES, PUBLIC |
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32 | | - | AND PRIVATE |
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33 | | - | , INCLUDING THE STATE ITSELF, ARE ACCOUNTABLE TO LAWS |
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34 | | - | THAT ARE PUBLICLY PROMULGATED |
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35 | | - | , EQUALLY ENFORCED , AND |
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36 | | - | INDEPENDENTLY ADJUDICATED |
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37 | | - | . IN THE ABSENCE OF ACCESS TO JUSTICE , |
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38 | | - | PEOPLE ARE UNABLE TO HAVE THEIR VOICE HEARD , EXERCISE THEIR RIGHTS, |
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39 | | - | CHALLENGE DISCRIMINATION, OR HOLD DECISION MAKERS ACCOUNTABLE . |
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| 64 | + | HE GENERAL6 |
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| 65 | + | ASSEMBLY FINDS AND DECLARES THAT :7 |
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| 66 | + | (a) A |
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| 67 | + | CCESS TO JUSTICE IS A BASIC PRINCIPLE OF THE RULE OF LAW,8 |
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| 68 | + | AND IT ENSURES THAT ALL PERSONS, INSTITUTIONS, AND ENTITIES, PUBLIC9 |
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| 69 | + | AND PRIVATE, INCLUDING THE STATE ITSELF, ARE ACCOUNTABLE TO LAWS10 |
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| 70 | + | THAT ARE PUBLICLY PROMULGATED , EQUALLY ENFORCED , AND11 |
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| 71 | + | INDEPENDENTLY ADJUDICATED . IN THE ABSENCE OF ACCESS TO JUSTICE,12 |
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| 72 | + | PEOPLE ARE UNABLE TO HAVE THEIR VOICE HEARD , EXERCISE THEIR13 |
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| 73 | + | RIGHTS, CHALLENGE DISCRIMINATION , OR HOLD DECISION MAKERS14 |
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| 74 | + | ACCOUNTABLE.15 |
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73 | | - | EOPLE WITH FEWER ECONOMIC RESOURCES ARE A VULNERABLE |
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74 | | - | POPULATION DUE TO LACK OF ACCESS TO JUSTICE |
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75 | | - | , AND BLACK, INDIGENOUS, |
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76 | | - | AND OTHER PEOPLE OF COLOR ARE PARTICULARLY VULNERABLE AS THEY |
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77 | | - | ENCOUNTER LEGAL ISSUES AT A HIGHER RATE AND OF GREATER SERIOUSNESS |
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78 | | - | THAN OTHER POPULATIONS |
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79 | | - | , ACCORDING TO THE INSTITUTE FOR THE |
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80 | | - | ADVANCEMENT OF THE AMERICAN LEGAL SYSTEM AT THE UNIVERSITY OF |
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81 | | - | DENVER. A 2022 STUDY BY THE LEGAL SERVICES CORPORATION FOUND |
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82 | | - | THAT LOW |
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83 | | - | -INCOME AMERICANS DO NOT RECEIVE ANY OR E NOUGH LEGAL |
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84 | | - | HELP FOR NINETY |
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85 | | - | -TWO PERCENT OF THEIR LEGAL PROBLEMS . |
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86 | | - | PAGE 2-HOUSE BILL 23-1280 (g) IN RESPONSE TO THESE TRENDS , IN 2021, THE COMMISSION |
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87 | | - | UNDERTOOK A SYSTEMATIC STATEWIDE ST UDY TO BETTER UNDERSTAND THE |
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88 | | - | CHALLENGES FACING THOSE TRYING TO RESOLVE CIVIL LEGAL PROBLEMS |
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89 | | - | . |
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90 | | - | T |
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91 | | - | HE COMMISSION CONDUCTED A TOTAL OF FORTY -ONE DIFFERENT LISTEN |
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92 | | - | AND LEARN SESSIONS |
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93 | | - | , MEETING VIRTUALLY WITH LEGAL AND COMMUNITY |
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94 | | - | SERVICE PROVIDERS IN EACH OF |
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95 | | - | COLORADO'S TWENTY-TWO JUDICIAL |
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96 | | - | DISTRICTS |
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97 | | - | . THE STUDY REVEALED THAT, DUE TO THE COMPLEXITY OF LEGAL |
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98 | | - | MATTERS AND THE PROHIBITIVE COST OF LEGAL HELP |
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99 | | - | , BARRIERS TO ACCESS |
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100 | | - | IMPACT |
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101 | | - | COLORADANS OF ALL BACKGROUNDS AND FROM ALL WALKS OF LIFE . |
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| 100 | + | EOPLE WITH FEWER ECONOMIC RESOURCES ARE A15 |
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| 101 | + | VULNERABLE POPULATION DUE TO LACK OF ACCESS TO JUSTICE , AND16 |
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| 102 | + | B |
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| 103 | + | LACK, INDIGENOUS, AND OTHER PEOPLE OF COLOR ARE PARTICULARLY17 |
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| 104 | + | VULNERABLE AS THEY ENCOUNTER LEGAL ISSUES AT A HIGHER RATE AND18 |
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| 105 | + | OF GREATER SERIOUSNESS THAN OTHER POPULATIONS , ACCORDING TO THE19 |
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| 106 | + | I |
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| 107 | + | NSTITUTE FOR THE ADVANCEMENT OF THE AMERICAN LEGAL SYSTEM AT20 |
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| 108 | + | THE UNIVERSITY OF DENVER. A 2022 STUDY BY THE LEGAL SERVICES21 |
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| 109 | + | C |
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| 110 | + | ORPORATION FOUND THAT LOW -INCOME AMERICANS DO NOT RECEIVE22 |
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| 111 | + | ANY OR ENOUGH LEGAL HELP FOR NINETY -TWO PERCENT OF THEIR LEGAL23 |
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| 112 | + | PROBLEMS.24 |
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| 113 | + | (g) I |
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| 114 | + | N RESPONSE TO THESE TRENDS , IN 2021, THE COMMISSION25 |
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| 115 | + | UNDERTOOK A SYSTEMATIC STATEW IDE STUDY TO BETTER UNDERSTAND26 |
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| 116 | + | THE CHALLENGES FACING THOSE TRYING TO RESOLVE CIVIL LEGAL27 |
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| 117 | + | 1280 |
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| 118 | + | -3- PROBLEMS. THE COMMISSION CONDUCTED A TOTAL OF FORTY -ONE1 |
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| 119 | + | DIFFERENT LISTEN AND LEARN SESSIONS, MEETING VIRTUALLY WITH LEGAL2 |
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| 120 | + | AND COMMUNITY SERVICE PROVIDERS IN EACH OF COLORADO'S3 |
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| 121 | + | TWENTY-TWO JUDICIAL DISTRICTS. THE STUDY REVEALED THAT, DUE TO4 |
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| 122 | + | THE COMPLEXITY OF LEGAL MATTERS AND THE PROHIBITIVE COST OF5 |
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| 123 | + | LEGAL HELP, BARRIERS TO ACCESS IMPACT COLORADANS OF ALL6 |
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| 124 | + | BACKGROUNDS AND FROM ALL WALKS OF LIFE .7 |
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178 | | - | HE EXECUTIVE DIRECTOR OF COLORADO LEGAL SERVICES, OR |
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179 | | - | ITS SUCCESSOR AGENCY |
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180 | | - | ; |
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| 194 | + | HE EXECUTIVE DIRECTOR OF COLORADO LEGAL SERVICES, OR26 |
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| 195 | + | ITS SUCCESSOR AGENCY;27 |
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| 196 | + | 1280 |
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| 197 | + | -5- (C) THE EXECUTIVE DIRECTOR OF THE LEGAL AID FOUNDATION OF1 |
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| 198 | + | C |
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| 199 | + | OLORADO, OR ITS SUCCESSOR AGENCY; AND2 |
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| 200 | + | (D) A |
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| 201 | + | REPRESENTATIVE OF THE COLORADO ATTORNEY GENERAL3 |
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| 202 | + | APPOINTED BY THE CHAIR OF THE COMMISSION .4 |
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| 203 | + | (b) N |
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| 204 | + | OTHING IN THIS SUBSECTION (2) PREVENTS THE CHAIR OF THE5 |
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| 205 | + | COMMISSION FROM CREATING NONVOTING EMERITUS POSITIONS FOR6 |
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| 206 | + | LONG-SERVING, RETIRING COMMISSIONERS.7 |
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| 207 | + | 8 |
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| 208 | + | (c) THE APPOINTING AUTHORITIES SHALL NAME THE INITIAL9 |
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| 209 | + | MEMBERS TO THE COMMISSION BY SEPTEMBER 1, 2023. MEMBERS OF THE10 |
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| 210 | + | COMMISSION SERVE THREE-YEAR TERMS AND MAY BE REAPPOINTED BY11 |
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| 211 | + | THEIR APPOINTING AUTHORITY FOR AN ADDITIONAL TWO TERMS .12 |
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| 212 | + | M |
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| 213 | + | EMBERS OF THE COMMISSION MAY BE REMOVED BY THEIR RESPECTIVE13 |
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| 214 | + | APPOINTING AUTHORITIES FOR CAUSE . IF A VACANCY OCCURS ON THE14 |
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| 215 | + | COMMISSION, THE APPOINTING AUTHORITY FOR THE MEMBER WHOSE15 |
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| 216 | + | POSITION IS VACATED SHALL APPOINT A MEMBER TO FILL THE VACANT16 |
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| 217 | + | POSITION.17 (d) THE COMMISSION SHALL SELECT A CHAIR AND VICE -CHAIR OF18 |
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| 218 | + | THE COMMISSION FROM ITS MEMBERSHIP .19 |
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| 219 | + | (3) M |
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| 220 | + | EMBERS OF THE COMMISSION SERVE WITHOUT20 |
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| 221 | + | COMPENSATION BUT MAY BE REIMBURSED FOR THEIR ACTUAL AND21 |
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| 222 | + | NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL22 |
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| 223 | + | DUTIES AS MEMBERS OF THE COMMISSION .23 |
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| 224 | + | (4) T |
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| 225 | + | HE COMMISSION MAY ESTABLISH BYLAWS AS APPROPRIATE24 |
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| 226 | + | FOR ITS EFFECTIVE OPERATION.25 |
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| 227 | + | (5) T |
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| 228 | + | HE CHAIR OF THE COMMISSION SHALL ESTABLISH A SCHEDULE26 |
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| 229 | + | FOR COMMISSION MEETINGS . THE COMMISSION SHALL MEET AT LEAST27 |
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| 230 | + | 1280 |
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| 231 | + | -6- ONCE EVERY THREE MONTHS .1 |
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| 232 | + | (6) M |
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| 233 | + | EMBERS OF THE COMMISSION, STAFF, AND CONSULTANTS ARE2 |
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| 234 | + | NOT LIABLE FOR ANY ACT OR OMISSION IN THEIR OFFICIAL CAPACITY3 |
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| 235 | + | PERFORMED IN GOOD FAITH IN ACCORDANCE WITH THIS ARTICLE 5.7.4 |
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| 236 | + | 13-5.7-104. Duties of commission - mission - staffing - report.5 |
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| 237 | + | (1) T |
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| 238 | + | HE MISSION OF THE COMMISSION IS TO EXPAND ACCESS , QUALITY,6 |
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| 239 | + | AND FAIRNESS IN THE JUSTICE SYSTEM FOR ALL COLORADANS.7 |
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| 240 | + | (2) T |
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| 241 | + | HE COMMISSION HAS THE FOLLOWING POWERS AND DUTIES :8 |
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| 242 | + | (a) T |
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| 243 | + | O IDENTIFY, EXAMINE, AND REPORT ON THE IMPEDIMENTS TO9 |
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| 244 | + | ACCESSING COLORADO'S CIVIL JUSTICE SYSTEM AND HOW TO MITIGATE OR10 |
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| 245 | + | ELIMINATE SUCH IMPEDIMENTS;11 |
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| 246 | + | (b) T |
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| 247 | + | O EXAMINE SPECIFIC PROBLEMS IN THE CIVIL JUSTICE SYSTEM,12 |
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| 248 | + | QUALITATIVELY AND QUANTITATIVELY , AND HOW TO SOLVE THEM ,13 |
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| 249 | + | INCLUDING CONSIDERATION OF THE EXPERIENCES OF INDIVIDUALS AND14 |
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| 250 | + | ORGANIZATIONS WHO USE THE SYSTEM ;15 |
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182 | | - | HE EXECUTIVE DIRECTOR OF THE LEGAL AID FOUNDATION OF |
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183 | | - | COLORADO, OR ITS SUCCESSOR AGENCY; AND |
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184 | | - | (D) A REPRESENTATIVE OF THE COLORADO ATTORNEY GENERAL |
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185 | | - | APPOINTED BY THE CHAIR OF THE COMMISSION |
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186 | | - | . |
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187 | | - | PAGE 4-HOUSE BILL 23-1280 (b) NOTHING IN THIS SUBSECTION (2) PREVENTS THE CHAIR OF THE |
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188 | | - | COMMISSION FROM CREATING NONVOTING EMERITUS POSITIONS FOR |
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189 | | - | LONG |
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190 | | - | -SERVING, RETIRING COMMISSIONERS. |
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| 252 | + | O BRING LEADERS FROM DIVERSE SECTORS TOGETHER TO16 |
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| 253 | + | IMPLEMENT SOLUTIONS TO ADDRESS STATEWIDE ISSUES THAT IMPEDE17 |
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| 254 | + | ACCESS TO JUSTICE, THEREBY SUPPORTING AN ECOSYSTEM OF ACCESS TO18 |
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| 255 | + | JUSTICE WORK BEING DONE STATEWIDE ;19 |
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| 256 | + | (d) T |
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| 257 | + | O CREATE PRACTICAL SOLUTIONS FOR THOSE WHO LACK THE20 |
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| 258 | + | INFORMATION, TOOLS, AND SERVICES NECESSARY TO RESOLVE THEIR CIVIL21 |
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| 259 | + | LEGAL PROBLEMS FAIRLY, QUICKLY, AND ECONOMICALLY;22 |
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| 260 | + | (e) T |
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| 261 | + | O ACT AS A LEADER TO INFORM , ENGAGE, AND INSPIRE23 |
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| 262 | + | LAWYERS, ADVOCATES , COMMUNITY MEMBERS , AND OTHER24 |
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| 263 | + | STAKEHOLDERS TO IMPROVE ACCESS TO JUSTICE ;25 |
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| 264 | + | (f) T |
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| 265 | + | O USE ITS PLATFORM TO ELEVATE UNDERSTANDING OF AND26 |
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| 266 | + | COMMITMENT TO ACCESS TO JUSTICE IN COLORADO;27 |
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| 267 | + | 1280 |
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| 268 | + | -7- (g) TO ADVOCATE FOR NEEDED CHANGES TO LAWS , PRACTICES,1 |
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| 269 | + | RULES, AND POLICIES IN COLORADO; AND2 |
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| 270 | + | (h) T |
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| 271 | + | O FORM ADVISORY COMMITTEES AS NECESSARY TO GAIN3 |
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| 272 | + | INPUT AND EXPERTISE FOR THE COMMISSION IN AN EFFORT TO FURTHER4 |
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| 273 | + | THE DUTIES AND RESPONSIBILITIES SET FORTH IN THIS SUBSECTION (2).5 |
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| 274 | + | (3) (a) C |
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| 275 | + | OMMISSION ADVISORY COMMI TTEES FOCUS ON SPECIFIC6 |
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| 276 | + | SUBJECT MATTERS AND MAY MAKE RECOMME NDATIONS TO THE FULL7 |
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| 277 | + | COMMISSION. THE CHAIR OF THE COMMISSION SHALL APPOINT MEMBERS8 |
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| 278 | + | OF THE COMMISSION TO SERVE ON THE ADVISORY COMMITTEES AND SHALL9 |
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| 279 | + | APPOINT A COMMISSION MEMBER TO SERVE AS CHAIR OF EACH ADVISORY10 |
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| 280 | + | COMMITTEE FORMED PURSUANT TO THIS SUBSECTION (3).11 |
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| 281 | + | (b) T |
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| 282 | + | HE CHAIR OF AN ADVISO RY COMMITTEE MAY SELECT12 |
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| 283 | + | INTERESTED MEMBERS OF THE COMMUNITY WHO ARE NOT MEMBERS OF13 |
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| 284 | + | THE COMMISSION TO SERVE ON THE ADVISORY COMMITTEE .14 |
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| 285 | + | N |
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| 286 | + | ONCOMMISSION MEMBERS OF AN ADVISORY COMMITTEE SERVE WITHOUT15 |
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| 287 | + | COMPENSATION OR REIMBURSEMENT FOR EXPENSES .16 |
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| 288 | + | (4) T |
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| 289 | + | HE COMMISSION MAY RESPOND TO INQUIRIES FROM THE17 |
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| 290 | + | GENERAL ASSEMBLY, THE GOVERNOR, BUSINESSES, OR INDIVIDUALS, AS18 |
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| 291 | + | RESOURCES ALLOW.19 |
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| 292 | + | (5) (a) T |
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| 293 | + | HE COMMISSION MAY HIRE STAFF TO FACILITATE ITS20 |
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| 294 | + | WORK, INCLUDING AN EXECUTIVE DIRECTOR AND OTHER STAFF AS21 |
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| 295 | + | NECESSARY.22 |
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| 296 | + | (b) A |
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| 297 | + | S FUNDS ALLOW, THE COMMISSION MAY ALSO CONTRACT23 |
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| 298 | + | WITH INDEPENDENT CONTRACTORS TO PROVIDE RESOURCES FOR DATA24 |
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| 299 | + | COLLECTION, RESEARCH, ANALYSIS, PUBLICATION OF THE COMMISSION'S25 |
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| 300 | + | FINDINGS AND REPORTS , AND OTHER NECESSARY SERVICES IN26 |
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| 301 | + | FURTHERANCE OF THE COMMISSION 'S PURPOSE.27 |
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| 302 | + | 1280 |
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| 303 | + | -8- (6) (a) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE1 |
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| 304 | + | COMMISSION SHALL PREPARE AND SUBMIT AN ANNUAL REPORT ON ITS2 |
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| 305 | + | WORK, INCLUDING FINDINGS AND RECOMMENDATIONS APPROVED BY AT3 |
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| 306 | + | LEAST TWO-THIRDS OF THE VOTING MEMBERS OF THE COMMISSION , TO THE4 |
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| 307 | + | GOVERNOR AND THE JUDICIARY COMMITTEES OF THE SENATE AND THE5 |
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| 308 | + | HOUSE OF REPRESENTATIVES , OR THEIR SUCCESSOR COMMITTEES . THE6 |
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| 309 | + | LEGISLATIVE COMMITTEES OF REFERENCE SHALL CONSIDER THE7 |
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| 310 | + | COMMISSION'S RECOMMENDATIONS FOR LEGISLATION , AND THE GOVERNOR8 |
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| 311 | + | SHALL CONSIDER THE COMMISSION 'S RECOMMENDATIONS FOR9 |
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| 312 | + | REGULATORY ACTION. THE COMMISSION SHALL PRESENT ITS REPORT TO10 |
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| 313 | + | THE LEGISLATIVE COMMITTEES OF REFERENCE DURING THE COMMITTEES '11 |
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| 314 | + | HEARINGS HELD PURSUANT TO THE "SMART ACT", PART 2 OF ARTICLE 712 |
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| 315 | + | OF TITLE 2.13 |
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| 316 | + | (b) W |
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| 317 | + | ITH REGARD TO ANY LEGISLATIVE RECOMMENDATIONS14 |
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| 318 | + | CONTAINED IN ITS REPORT, THE COMMISSION SHALL SPECIFY THE LAWS15 |
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| 319 | + | THAT NEED TO BE CREATED, AMENDED, OR REPEALED TO ENSURE ACCESS16 |
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| 320 | + | TO JUSTICE FOR ALL COLORADANS.17 |
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| 321 | + | 13-5.7-105. Colorado access to justice cash fund - creation -18 |
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| 322 | + | funding sources - use of fund. (1) (a) T |
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| 323 | + | HERE IS CREATED IN THE STATE19 |
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| 324 | + | TREASURY THE COLORADO ACCESS TO JUSTICE CASH FUND . THE FUND20 |
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| 325 | + | CONSISTS OF MONEY APPROPRIATED OR TRANSFERRED BY THE GENERAL21 |
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| 326 | + | ASSEMBLY TO THE FUND AND ANY GIFTS , GRANTS, OR DONATIONS FROM22 |
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| 327 | + | PRIVATE OR PUBLIC SOURCES MADE TO THE COMMISSION FOR THE PURPOSE23 |
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| 328 | + | OF THIS ARTICLE 5.7.24 |
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| 329 | + | (b) M |
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| 330 | + | ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE25 |
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| 331 | + | COMMISSION FOR THE PURPOSES OF THIS ARTICLE 5.7. THE STATE26 |
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| 332 | + | TREASURER SHALL CREDIT TO THE FUND ALL INTEREST AND INCOME27 |
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| 333 | + | 1280 |
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| 334 | + | -9- DERIVED FROM THE INVESTMENT AND DEPOSIT OF MONEY IN THE FUND .1 |
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| 335 | + | A |
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| 336 | + | NY UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND2 |
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| 337 | + | AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE FUND AND MUST3 |
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| 338 | + | NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER4 |
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| 339 | + | FUND.5 |
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192 | | - | HE APPOINTING AUTHORITIES SHALL NAME THE INITIAL |
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193 | | - | MEMBERS TO THE COMMISSION BY |
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194 | | - | SEPTEMBER 1, 2023. MEMBERS OF THE |
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195 | | - | COMMISSION SERVE THREE |
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196 | | - | -YEAR TERMS AND MAY BE REAPPOINTED BY |
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197 | | - | THEIR APPOINTING AUTHORITY FOR AN ADDITIONAL TWO TERMS |
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198 | | - | . MEMBERS |
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199 | | - | OF THE COMMISSION MAY BE REMOVED BY THEIR RESPECTIVE APPOINTING |
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200 | | - | AUTHORITIES FOR CAUSE |
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201 | | - | . IF A VACANCY OCCURS ON THE COMMISSION , THE |
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202 | | - | APPOINTING AUTHORITY FOR THE MEMBER WHOSE POSITION IS VACATED |
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203 | | - | SHALL APPOINT A MEMBER TO FILL THE VACANT POSITION |
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204 | | - | . |
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205 | | - | (d) T |
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206 | | - | HE COMMISSION SHALL SELECT A CHAIR AND VICE-CHAIR OF THE |
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207 | | - | COMMISSION FROM ITS MEMBERSHIP |
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208 | | - | . |
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209 | | - | (3) M |
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210 | | - | EMBERS OF THE COMMISSION SERVE WITHOUT COMPENSATION |
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211 | | - | BUT MAY BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES |
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212 | | - | INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS MEMBERS OF |
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213 | | - | THE COMMISSION |
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214 | | - | . |
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215 | | - | (4) T |
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216 | | - | HE COMMISSION MAY ESTABLISH BYLAWS AS APPROPRIATE FOR |
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217 | | - | ITS EFFECTIVE OPERATION |
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218 | | - | . |
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219 | | - | (5) T |
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220 | | - | HE CHAIR OF THE COMMISSION SHALL ESTABLISH A SCHEDULE |
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221 | | - | FOR COMMISSION MEETINGS |
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222 | | - | . THE COMMISSION SHALL MEET AT LEAST ONCE |
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223 | | - | EVERY THREE MONTHS |
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224 | | - | . |
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225 | | - | (6) M |
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226 | | - | EMBERS OF THE COMMISSION, STAFF, AND CONSULTANTS ARE |
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227 | | - | NOT LIABLE FOR ANY ACT OR OMISSION IN THEIR OFFICIAL CAPACITY |
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228 | | - | PERFORMED IN GOOD FAITH IN ACCORDANCE WITH THIS ARTICLE |
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229 | | - | 5.7. |
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230 | | - | 13-5.7-104. Duties of commission - mission - staffing - report. |
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231 | | - | (1) T |
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232 | | - | HE MISSION OF THE COMMISSION IS TO EXPAND ACCESS , QUALITY, AND |
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233 | | - | FAIRNESS IN THE JUSTICE SYSTEM FOR ALL |
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234 | | - | COLORADANS. |
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| 341 | + | HE COMMISSION MAY SOLICIT, ACCEPT, AND EXPEND GIFTS,6 |
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| 342 | + | GRANTS, OR DONATIONS, INCLUDING IN-KIND DONATIONS, FROM ANY7 |
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| 343 | + | SOURCE FOR THE PURPOSES OF THIS ARTICLE 5.7, AND NOTHING IN THIS8 |
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| 344 | + | TITLE 13 PREVENTS THE COMMISSION FROM MAINTAINING AS A SUBSIDIARY9 |
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| 345 | + | OR IN OTHER APPROPRIATE FORM AN ORGANIZATION EXEMPT FROM10 |
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| 346 | + | FEDERAL INCOME TAX UNDER 26 U.S.C. SEC. 501(c)(3).11 |
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249 | | - | O BRING LEADERS FROM DIVERSE SECTORS TOGETHER TO |
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250 | | - | IMPLEMENT SOLUTIONS TO ADDRESS STATEWIDE ISSUES THAT IMPEDE |
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251 | | - | ACCESS TO JUSTICE |
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252 | | - | , THEREBY SUPPORTING AN ECOSYSTEM OF ACCESS TO |
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253 | | - | JUSTICE WORK BEING DONE STATEWIDE |
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254 | | - | ; |
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255 | | - | (d) T |
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256 | | - | O CREATE PRACTICAL SOLUTIONS FOR THOSE WHO LACK THE |
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257 | | - | INFORMATION |
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258 | | - | , TOOLS, AND SERVICES NECESSARY TO RESOLVE THEIR CIVIL |
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259 | | - | LEGAL PROBLEMS FAIRLY |
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260 | | - | , QUICKLY, AND ECONOMICALLY; |
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261 | | - | (e) T |
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262 | | - | O ACT AS A LEADER TO INFORM , ENGAGE, AND INSPIRE |
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263 | | - | LAWYERS |
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264 | | - | , ADVOCATES, COMMUNITY MEMBERS, AND OTHER STAKEHOLDERS |
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265 | | - | TO IMPROVE ACCESS TO JUSTICE |
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266 | | - | ; |
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267 | | - | (f) T |
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268 | | - | O USE ITS PLATFORM TO ELEVATE UNDERSTANDING OF AND |
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269 | | - | COMMITMENT TO ACCESS TO JUSTICE IN |
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270 | | - | COLORADO; |
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271 | | - | (g) T |
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272 | | - | O ADVOCATE FOR NEEDED CHANGES TO LAWS , PRACTICES, |
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273 | | - | RULES, AND POLICIES IN COLORADO; AND |
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274 | | - | (h) TO FORM ADVISORY COMMITTEES AS NECESSARY TO GAIN INPUT |
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275 | | - | AND EXPERTISE FOR THE COMMISSION IN AN EFFORT TO FURTHER THE DUTIES |
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276 | | - | AND RESPONSIBILITIES SET FORTH IN THIS SUBSECTION |
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277 | | - | (2). |
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278 | | - | (3) (a) C |
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279 | | - | OMMISSION ADVISORY COMMI TTEES FOCUS ON SPECIFIC |
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280 | | - | SUBJECT MATTERS AND MAY MAKE RECOMMENDATIONS TO THE FULL |
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281 | | - | COMMISSION |
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282 | | - | . THE CHAIR OF THE COMMISSION SHALL APPOINT MEMBERS OF |
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283 | | - | THE COMMISSION TO SERVE ON THE ADVISORY COMMITTEES AND SHALL |
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284 | | - | APPOINT A COMMISSION MEMBER TO SERVE AS CHAIR OF EACH ADVISORY |
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285 | | - | COMMITTEE FORMED PURSUANT TO THIS SUBSECTION |
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286 | | - | (3). |
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287 | | - | (b) T |
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288 | | - | HE CHAIR OF AN ADVISO RY COMMITTEE MAY SELECT |
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289 | | - | INTERESTED MEMBERS OF THE COMMUNITY WHO ARE NOT MEMBERS OF THE |
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290 | | - | PAGE 6-HOUSE BILL 23-1280 COMMISSION TO SERVE ON THE ADVISORY COMMITTEE . NONCOMMISSION |
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291 | | - | MEMBERS OF AN ADVISORY COMMITTEE SERVE WITHOUT COMPENSATION OR |
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292 | | - | REIMBURSEMENT FOR EXPENSES |
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293 | | - | . |
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294 | | - | (4) T |
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295 | | - | HE COMMISSION MAY RESPOND TO INQUIRIES FROM THE |
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296 | | - | GENERAL ASSEMBLY |
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297 | | - | , THE GOVERNOR, BUSINESSES, OR INDIVIDUALS, AS |
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298 | | - | RESOURCES ALLOW |
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299 | | - | . |
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300 | | - | (5) (a) T |
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301 | | - | HE COMMISSION MAY HIRE STAFF TO FACILITATE ITS WORK , |
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302 | | - | INCLUDING AN EXECUTIVE DIRECTOR AND OTHER STAFF AS NECESSARY . |
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303 | | - | (b) A |
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304 | | - | S FUNDS ALLOW, THE COMMISSION MAY ALSO CONTRACT WITH |
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305 | | - | INDEPENDENT CONTRACTORS TO PROVIDE RESOURCES FOR DATA |
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306 | | - | COLLECTION |
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307 | | - | , RESEARCH, ANALYSIS, PUBLICATION OF THE COMMISSION 'S |
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308 | | - | FINDINGS AND REPORTS |
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309 | | - | , AND OTHER NECESSARY SERVICES IN FURTHERANCE |
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310 | | - | OF THE COMMISSION |
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311 | | - | 'S PURPOSE. |
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312 | | - | (6) (a) N |
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313 | | - | OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE |
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314 | | - | COMMISSION SHALL PREPARE AND SUBMIT AN ANNUAL REPORT ON ITS WORK |
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315 | | - | , |
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316 | | - | INCLUDING FINDINGS AND RECOMMENDATIONS APPROVED BY AT LEAST |
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317 | | - | TWO |
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318 | | - | -THIRDS OF THE VOTING MEMBERS OF THE COMMISSION , TO THE |
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319 | | - | GOVERNOR AND THE JUDICIARY CO MMITTEES OF THE SENATE AND THE |
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320 | | - | HOUSE OF REPRESENTATIVES |
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321 | | - | , OR THEIR SUCCESSOR COMMITTEES . THE |
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322 | | - | LEGISLATIVE COMMITTEES OF REFERENCE SHALL CONSIDER THE |
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323 | | - | COMMISSION |
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324 | | - | 'S RECOMMENDATIONS FOR LEGISLATION , AND THE GOVERNOR |
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325 | | - | SHALL CONSIDER THE COMMISSION |
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326 | | - | 'S RECOMMENDATIONS FOR REGULATORY |
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327 | | - | ACTION |
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328 | | - | . THE COMMISSION SHALL PRESENT ITS REPORT TO THE LEGISLATIVE |
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329 | | - | COMMITTEES OF REFERENCE DURING THE COMMITTEES |
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330 | | - | ' HEARINGS HELD |
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331 | | - | PURSUANT TO THE |
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332 | | - | "SMART ACT", PART 2 OF ARTICLE 7 OF TITLE 2. |
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333 | | - | (b) W |
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334 | | - | ITH REGARD TO ANY LEGISLATIVE RECOMMENDATIONS |
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335 | | - | CONTAINED IN ITS REPORT |
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336 | | - | , THE COMMISSION SHALL SPECIFY THE LAWS THAT |
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337 | | - | NEED TO BE CREATED |
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338 | | - | , AMENDED, OR REPEALED TO ENSURE ACCESS TO |
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339 | | - | JUSTICE FOR ALL |
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340 | | - | COLORADANS. |
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341 | | - | 13-5.7-105. Colorado access to justice cash fund - creation - |
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342 | | - | funding sources - use of fund. (1) (a) T |
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343 | | - | HERE IS CREATED IN THE STATE |
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344 | | - | TREASURY THE |
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345 | | - | COLORADO ACCESS TO JUSTICE CASH FUND . THE FUND |
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346 | | - | CONSISTS OF MONEY APPROPRIATED OR TRANSFERRED BY THE GENERAL |
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347 | | - | ASSEMBLY TO THE FUND AND ANY GIFTS |
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348 | | - | , GRANTS, OR DONATIONS FROM |
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349 | | - | PAGE 7-HOUSE BILL 23-1280 PRIVATE OR PUBLIC SOURCES MADE TO THE COMMISSION FOR THE PURPOSE |
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350 | | - | OF THIS ARTICLE |
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351 | | - | 5.7. |
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352 | | - | (b) M |
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353 | | - | ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE |
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354 | | - | COMMISSION FOR THE PURPOSES OF THIS ARTICLE |
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355 | | - | 5.7. THE STATE TREASURER |
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356 | | - | SHALL CREDIT TO THE FUND ALL INTEREST AND INCOME DERIVED FROM THE |
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357 | | - | INVESTMENT AND DEPOSIT OF MONEY IN THE FUND |
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358 | | - | . ANY UNEXPENDED AND |
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359 | | - | UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF ANY FISCAL |
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360 | | - | YEAR SHALL REMAIN IN THE FUND AND MUST NOT BE CREDITED OR |
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361 | | - | TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND |
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362 | | - | . |
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363 | | - | (c) T |
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364 | | - | HE COMMISSION MAY SOLICIT , ACCEPT, AND EXPEND GIFTS, |
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365 | | - | GRANTS, OR DONATIONS, INCLUDING IN-KIND DONATIONS, FROM ANY SOURCE |
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366 | | - | FOR THE PURPOSES OF THIS ARTICLE |
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367 | | - | 5.7, AND NOTHING IN THIS TITLE 13 |
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368 | | - | PREVENTS THE COMMISSION FROM MAINTAINING AS A SUBSIDIARY OR IN |
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369 | | - | OTHER APPROPRIATE FORM AN ORGANIZATION EXEMPT FROM FEDERAL |
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370 | | - | INCOME TAX UNDER |
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371 | | - | 26 U.S.C. SEC. 501(c)(3). |
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372 | | - | (2) T |
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373 | | - | HE COMMISSION MAY USE MONEY IN THE FUND FOR THE |
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374 | | - | IMPLEMENTATION OF THIS ARTICLE |
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375 | | - | 5.7 AND IN FURTHERANCE OF THE |
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376 | | - | COMMISSION |
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377 | | - | 'S MISSION, INCLUDING: |
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378 | | - | (a) T |
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379 | | - | O COMPENSATE THE COMMISSION 'S STAFF AND INDEPENDENT |
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380 | | - | CONTRACTORS |
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381 | | - | ; |
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382 | | - | (b) T |
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383 | | - | O PAY THE COSTS OF OBTAINING DATA AND ANALYSES FROM |
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384 | | - | ORGANIZATIONS AND ENTITIES |
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385 | | - | ; AND |
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386 | | - | (c) TO PAY THE COMMISSION MEMBERS ' NECESSARY EXPENSES IN |
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387 | | - | PERFORMANCE OF THEIR DUTIES |
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388 | | - | . |
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389 | | - | SECTION 2. Act subject to petition - effective date. This act |
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390 | | - | takes effect at 12:01 a.m. on the day following the expiration of the |
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391 | | - | ninety-day period after final adjournment of the general assembly; except |
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392 | | - | that, if a referendum petition is filed pursuant to section 1 (3) of article V |
---|
393 | | - | of the state constitution against this act or an item, section, or part of this act |
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394 | | - | within such period, then the act, item, section, or part will not take effect |
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395 | | - | unless approved by the people at the general election to be held in |
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396 | | - | PAGE 8-HOUSE BILL 23-1280 November 2024 and, in such case, will take effect on the date of the official |
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397 | | - | declaration of the vote thereon by the governor. |
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398 | | - | ____________________________ ____________________________ |
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399 | | - | Julie McCluskie Steve Fenberg |
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400 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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401 | | - | OF REPRESENTATIVES THE SENATE |
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402 | | - | ____________________________ ____________________________ |
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403 | | - | Robin Jones Cindi L. Markwell |
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404 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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405 | | - | OF REPRESENTATIVES THE SENATE |
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406 | | - | APPROVED________________________________________ |
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407 | | - | (Date and Time) |
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408 | | - | _________________________________________ |
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409 | | - | Jared S. Polis |
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410 | | - | GOVERNOR OF THE STATE OF COLORADO |
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411 | | - | PAGE 9-HOUSE BILL 23-1280 |
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| 358 | + | O PAY THE COMMISSION MEMBERS ' NECESSARY EXPENSES IN19 |
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| 359 | + | PERFORMANCE OF THEIR DUTIES.20 |
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| 360 | + | SECTION 2. Act subject to petition - effective date. This act21 |
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| 361 | + | takes effect at 12:01 a.m. on the day following the expiration of the22 |
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| 362 | + | ninety-day period after final adjournment of the general assembly; except23 |
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| 363 | + | that, if a referendum petition is filed pursuant to section 1 (3) of article V24 |
---|
| 364 | + | of the state constitution against this act or an item, section, or part of this25 |
---|
| 365 | + | act within such period, then the act, item, section, or part will not take26 |
---|
| 366 | + | effect unless approved by the people at the general election to be held in27 |
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| 367 | + | 1280 |
---|
| 368 | + | -10- November 2024 and, in such case, will take effect on the date of the1 |
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| 369 | + | official declaration of the vote thereon by the governor.2 |
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| 370 | + | 1280 |
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| 371 | + | -11- |
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