Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0459.01 Megan McCall x4215
HOUSE BILL 24-1118
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING AUTHORIZATION FOR THE ATTORNEY GENERAL TO101
OPERATE A DISTRICT ATTORNEY 'S OFFICE DUE TO A VACANCY102
TO THE EXTENT ALLOWED BY AN EXECUTIVE ORDER OF THE103
GOVERNOR.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The attorney general is authorized to appear for the state and
prosecute and defend all actions and proceedings, civil and criminal, in
which the state is a party or is interested when required to do so by the
HOUSE
3rd Reading Unamended
February 12, 2024
HOUSE
2nd Reading Unamended
February 9, 2024
HOUSE SPONSORSHIP
Marshall and Joseph, Clifford, Garcia, Lieder, McCluskie, Parenti, Snyder, Titone
SENATE SPONSORSHIP
Roberts and Gardner,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. governor. In these circumstances, the bill allows the attorney general to
also expend funds, manage staff, and perform other administrative
functions essential for the operation of a district attorney's office. If it is
essential during this time for the attorney general to hire personnel, while
the attorney general has the ultimate authority regarding hiring decisions,
a committee consisting of the attorney general, a representative from the
Colorado district attorneys' council, and the highest ranking attorney or
official at the district attorney's office shall make recommendations
regarding hiring decisions that the attorney general must consider.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-31-101, amend2
(1)(t) and (1)(u); and add (1)(v) as follows:3
24-31-101. Powers and duties of attorney general. (1) The4
attorney general:5
(t) May bring a civil action to enforce section 25-7-144; and
6
(u) May, if the attorney general has reason to believe that a7
violation of a statute or rule is causing an imminent and substantive8
endangerment to the public health, water quality, or environment within9
a mobile home park, request a temporary restraining order, preliminary10
injunction, permanent injunction, or any other relief necessary to protect11
the public health, water quality, or environment;
AND12
(v) M
AY EXPEND MONEY, MANAGE STAFF, AND PERFORM OTHER13
ADMINISTRATIVE FUNCTIONS ESSENTIAL FOR THE OPERATION OF A14
DISTRICT ATTORNEY'S OFFICE WHEN APPOINTED BY EXECUTIVE ORDER OF15
THE GOVERNOR.16
SECTION 2. In Colorado Revised Statutes, add 24-31-117 as17
follows:18
24-31-117. Hiring committee when attorney general to operate19
district attorney's office due to a vacancy. I
F, DURING THE COURSE OF20
1118-2- PERFORMING THE ATTORNEY GENERAL 'S DUTIES PURSUANT TO SECTION1
24-31-101 (1)(v),
IT IS ESSENTIAL FOR THE ATTORNEY GENERAL TO HIRE2
PERSONNEL AT THE DISTRICT ATTORNEY 'S OFFICE, THE ATTORNEY3
GENERAL SHALL ESTABLISH A HIRING COMMITTEE CONSISTING OF THE4
ATTORNEY GENERAL, A REPRESENTATIVE FROM THE COLORADO DISTRICT5
ATTORNEYS' COUNCIL, AND THE HIGHEST RANKING ATTORNEY OR OFFICIAL6
AT THE DISTRICT ATTORNEY 'S OFFICE TO MAKE RECOMMENDATIONS7
REGARDING HIRING DECISIONS. THE COMMITTEE MAY RECOMMEND THAT8
THE HIRING OF PERSONNEL BY THE ATTORNEY GENERAL IS CONDITIONAL9
UPON THE REVIEW AND APPROVAL OF THE PERSON APPOINTED TO FILL THE10
VACANT DISTRICT ATTORNEY POSITION. THE ATTORNEY GENERAL RETAINS11
THE ULTIMATE AUTHORITY REGARDING HIRING DECISIONS WHILE ACTING12
PURSUANT TO SECTION 24-31-101 (1)(v) BUT MUST CONSIDER THE13
RECOMMENDATIONS OF THE COMMI TTEE IN MAKING HIRING DECISIONS .14
SECTION 3. Applicability. This act applies to actions taken by15
the attorney general pursuant to section 24-31-101 (1)(v) or 24-31-117,16
Colorado Revised Statutes, on or after the effective date of this act.17
SECTION 4. Safety clause. The general assembly finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety or for appropriations for20
the support and maintenance of the departments of the state and state21
institutions.22
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