Colorado 2024 Regular Session

Colorado House Bill HB1286 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 24-0554.01 Chelsea Princell x4335
1	8		HOUSE BILL 24-1286
2		-	BY REPRESENTATIVE(S) Joseph and Lindsay, Bacon, Brown, Clifford,
3		-	Garcia, Mabrey, Rutinel, Velasco, Bird, Boesenecker, Daugherty, Duran,
4		-	Epps, Froelich, Herod, Jodeh, Kipp, Lieder, McCormick, Parenti, Ricks,
5		-	Sirota, Story, Titone, Vigil, Weissman, Willford, Young, McCluskie,
6		-	deGruy Kennedy, English, Hamrick, McLachlan, Ortiz, Snyder, Woodrow;
7		-	also SENATOR(S) Roberts and Priola, Buckner, Cutter, Exum,
8		-	Jaquez Lewis, Kolker, Michaelson Jenet, Winter F., Fenberg.
	9	+	House Committees Senate Committees
	10	+	Judiciary Finance
	11	+	Finance
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING MEASURES TO INCREASE ACCESS TO THE COURTS FOR INDIGENT
11		-	PERSONS
12		-	.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. Legislative declaration. (1) The general assembly
16		-	finds that:
17		-	(a) Access to justice is a basic principle of the rule of law, and it
18		-	ensures that all persons, institutions, and entities, public and private,
19		-	including the state, are held accountable to laws that are publicly
20		-	promulgated, equally enforced, and independently adjudicated;
21		-	(b) In the absence of access to justice, people are unable to have
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. their voices heard, exercise their rights, challenge discrimination, or hold
30		-	decision-makers accountable;
31		-	(c) Providing civil legal aid to people in poverty is vital to Colorado
32		-	in supporting justice for victims of intimate partner violence, ensuring
33		-	veterans receive their well-earned benefits, protecting against elder abuse,
34		-	fighting human trafficking, protecting access to necessities such as food and
35		-	shelter, and other areas;
36		-	(d) Without access to civil legal representation, many laws and
37		-	protections remain unenforceable for low-income Coloradans;
38		-	(e) State-funded legal aid in certain civil matters reinforces the
39		-	importance of the right to counsel to ensure a fair trial;
40		-	(f) Equal access to justice would have little effective meaning if an
41		-	individual could not afford that right on the basis of income;
42		-	(g) In order to meet the needs of our most vulnerable community
43		-	members, it is necessary, appropriate, equitable, and in the best interest of
44		-	all Coloradans to create a special purpose authority to allow low-income
45		-	Coloradans access to the court system by imposing a fee on a party's first
46		-	court filing;
47		-	(h) The fee imposed is for the specific purpose of serving users of
48		-	Colorado courts, who will pay the fee on all initial pleadings and answers
49		-	because the fee:
50		-	(I) Will serve all qualified court users by increasing the efficiency
51		-	of courts for all court users by reducing slowdowns caused by
52		-	self-represented parties because providing guidance and legal assistance to
53		-	unrepresented litigants increases efficiency in courts;
54		-	(II) Will increase the provision of justice in our courts for all court
55		-	users, regardless of income, which is an interest shared among all court
56		-	users;
57		-	(III) Is collected at a rate reasonably calculated based on the overall
58		-	costs of the services provided by the authority; and
59		-	PAGE 2-HOUSE BILL 24-1286 (IV) Is not a tax;
60		-	(i) Furthering access to Colorado's civil courts is a pillar of our
61		-	democratic legal systems; and
62		-	(j) The state of Colorado must endeavor to systematically support
63		-	the delivery of equal access to legal aid services to all qualified Coloradans.
64		-	(2) Therefore, the general assembly declares that the lack of access
65		-	to civil legal justice is a problem that has serious social, legal, economic,
66		-	and political consequences, and the general assembly enacts this legislation
67		-	to fund equal access to justice and reaffirm the commitment to equitable
68		-	access to the civil legal process.
69		-	SECTION 2. In Colorado Revised Statutes, add part 2 to article 5.7
70		-	of title 13 as follows:
71		-	PART 2
72		-	EQUAL JUSTICE AUTHORITY
73		-	13-5.7-201. Definitions. A
74		-	S USED IN THIS PART 2, UNLESS THE
75		-	CONTEXT OTHERWISE REQUIRES
76		-	:
77		-	(1) "A
78		-	UTHORITY" MEANS THE EQUAL JUSTICE AUTHORITY CREATED
79		-	IN SECTION
80		-	13-5.7-202.
81		-	(2) "B
82		-	OARD" MEANS THE EQUAL JUSTICE AUTHORITY BOARD
83		-	CREATED IN SECTION
84		-	13-5.7-204.
85		-	(3) "E
86		-	QUAL JUSTICE FEE" MEANS THE FEE COLLECTED ON CIVIL
87		-	ACTIONS AS SET FORTH IN SECTIONS
88		-	13-4-112 (3)(a), 13-32-101 (9)(a), AND
89		-	13-32-102 (7)(a) PURSUANT TO THIS PART 2.
90		-	(4) "Q
91		-	UALIFIED CIVIL LEGAL AID PROVIDER" MEANS A 501 (c)(3)
92		-	NONPROFIT ORGANIZATION OTHER THAN THE COLORADO RECIPIENT OF A
93		-	FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT THAT PROVIDES
94		-	LEGAL REPRESENTATION AND ADVICE TO PEOPLE IN
95		-	COLORADO WHO ARE AT
96		-	OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY
97		-	GUIDELINE TO SUPPORT THEIR ACCESS TO BASIC NEEDS SUCH AS HOUSING
98		-	,
99		-	EMPLOYMENT, HEALTH SERVICES, EDUCATION, AND ASSISTANCE WITH
100		-	PAGE 3-HOUSE BILL 24-1286 FAMILY MATTERS AND IMMIGRATION STATUS ISSUES .
101		-	13-5.7-202. Creation and purpose. T
102		-	HERE IS CREATED AS A
103		-	SPECIAL PURPOSE AUTHORITY
104		-	, AS DEFINED IN SECTION 24-77-102, THE
105		-	EQUAL JUSTICE AUTHORITY
106		-	, WHICH IS A BODY CORPORATE AND A POLITICAL
107		-	SUBDIVISION OF THE STATE
108		-	, WHICH SHALL NOT BE AN AGENCY OF STATE
109		-	GOVERNMENT AND SHALL NOT BE SUBJECT TO ADMINISTRATIVE DIRECTION
110		-	BY ANY DEPARTMENT
111		-	, COMMISSION, BOARD, BUREAU, OR AGENCY OF THE
112		-	STATE
113		-	. THE AUTHORITY IS RESPONSIBLE FOR DISTRIBUTING THE EQUAL
114		-	JUSTICE FEE PURSUANT TO SECTION
115		-	13-5.7-206 FOR THE PURPOSE OF
116		-	PROVIDING EQUAL ACCESS TO LEGAL AID SERVICES AND TO INCREASE
117		-	EFFICIENCY OF THE COURT SYSTEM FOR ALL COURT USERS
118		-	.
119		-	13-5.7-203. General powers. (1) I
120		-	N ADDITION TO ANY OTHER
121		-	POWERS GRANTED TO THE AUTHORITY IN THIS PART
122		-	2, THE AUTHORITY HAS
123		-	THE FOLLOWING POWERS
124		-	:
125		-	(a) T
126		-	O HAVE THE DUTIES , PRIVILEGES, IMMUNITIES, RIGHTS,
127		-	LIABILITIES, AND DISABILITIES OF A BODY CORPORATE AND POLITICAL
128		-	SUBDIVISION OF THE STATE
129		-	;
130		-	(b) T
131		-	O HAVE PERPETUAL EXISTENCE AND SUCCESSION ;
132		-	(c) T
133		-	O ADOPT, HAVE, AND USE A SEAL AND TO ALTER THE SAME AT
134		-	ITS PLEASURE
135		-	;
136		-	(d) T
137		-	O SUE AND BE SUED;
138		-	(e) T
139		-	O ENTER INTO ANY CONTRACT OR AGREEMENT NOT
140		-	INCONSISTENT WITH THIS PART
141		-	2 OR THE LAWS OF THE STATE;
142		-	(f) T
143		-	O PURCHASE, LEASE, LEASE WITH AN OPTION TO PURCHASE ,
144		-	TRADE, EXCHANGE, OR OTHERWISE ACQUIRE, MAINTAIN, HOLD, IMPROVE,
145		-	MORTGAGE, ENCUMBER, AND DISPOSE OF REAL PROPERTY AND PERSONAL
146		-	PROPERTY
147		-	, WHETHER TANGIBLE OR INTANGIBLE , AND ANY INTEREST,
148		-	INCLUDING EASEMENTS AND RIGHTS -OF-WAY, WITHOUT RESTRICTION OR
149		-	LIMITATION
150		-	;
151		-	(g) T
152		-	O ACQUIRE OFFICE SPACE, EQUIPMENT, SERVICES, SUPPLIES, AND
153		-	INSURANCE NECESSARY TO CARRY OUT THE PURPOSES OF THIS PART
154		-	2;
155		-	PAGE 4-HOUSE BILL 24-1286 (h) TO DEPOSIT ANY MONEY OF THE AUTHORITY IN ANY BANKING
156		-	INSTITUTION OR IN ANY DEPOSITORY AUTHORIZED PURSUANT TO SECTION
157		-	24-75-603, AND TO APPOINT, FOR THE PURPOSE OF MAKING SUCH DEPOSITS,
158		-	ONE OR MORE PERSONS TO ACT AS CUSTODIANS OF THE MONEY OF THE
159		-	AUTHORITY
160		-	, WHO SHALL GIVE SURETY BONDS IN SUCH AMOUNTS AND FORM
161		-	AND FOR SUCH PURPOSES AS THE BOARD REQUIRES
162		-	;
163		-	(i) T
164		-	O CONTRACT FOR AND TO ACCEPT ANY GIFTS , GRANTS, AND
165		-	LOANS OF FUNDS
166		-	, PROPERTY, OR ANY OTHER AID IN ANY FORM FROM THE
167		-	FEDERAL GOVERNMENT
168		-	, THE STATE, ANY STATE AGENCY, OR ANY OTHER
169		-	SOURCE
170		-	, OR ANY COMBINATION THEREOF, AND TO COMPLY, SUBJECT TO THE
171		-	PROVISIONS OF THIS PART
172		-	2, WITH THE TERMS AND CONDITIONS OF SUCH
173		-	CONTRACTS OR THE ACCEPTANCE OF SUCH ITEMS
174		-	;
175		-	(j) T
176		-	O HAVE AND EXERCISE ALL RIGHTS AND POWERS NECESSARY OR
177		-	INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS GRANTED IN THIS
178		-	PART
179		-	2, WHICH SPECIFIC POWERS SHALL NOT BE CONSIDERED AS A
180		-	LIMITATION UPON ANY POWER NECESSARY OR APPROPRIATE TO CARRY OUT
181		-	THE PURPOSES AND INTENT OF THIS PART
182		-	2;
183		-	(k) T
184		-	O FIX THE TIME AND PLACE OR PLACES AT WHICH ITS REGULAR
185		-	AND SPECIAL MEETINGS ARE TO BE HELD
186		-	;
187		-	(l) T
188		-	O ELECT ONE MEMBER AS CHAIRPERSON OF THE BOARD AND
189		-	ANOTHER MEMBER AS VICE
190		-	-CHAIRPERSON OF THE BOARD AND TO ELECT ONE
191		-	OR MORE MEMBERS AS SECRETARY AND TREASURER OF THE BOARD AND
192		-	ELECT OR APPOINT SUCH OTHER OFFICERS AS THE BOARD MAY DETERMINE
193		-	AND PROVIDE FOR THEIR DUTIES AND TERMS OF OFFICE
194		-	;
195		-	(m) T
196		-	O APPOINT AGENTS, EMPLOYEES, AND PROFESSIONAL AND
197		-	BUSINESS ADVISERS
198		-	, INCLUDING REAL ESTATE PROFESSIONALS ,
199		-	CONSTRUCTION COMPANIES , PROPERTY MANAGERS , ATTORNEYS,
200		-	ACCOUNTANTS, AND FINANCIAL ADVISERS AS MAY FROM TIME TO TIME BE
201		-	NECESSARY IN THE AUTHORITY
202		-	'S JUDGMENT TO ACCOMPLISH THE PURPOSES
203		-	OF THIS PART
204		-	2, AND TO FIX THE COMPENSATION OF SUCH AGENTS ,
205		-	EMPLOYEES, AND ADVISERS, AND TO ESTABLISH THE POWERS AND DUTIES OF
206		-	ALL AGENTS
207		-	, EMPLOYEES, AND ADVISERS, AS WELL AS ANY OTHER PERSON
208		-	CONTRACTING WITH THE AUTHORITY TO PROVIDE SERVICES
209		-	, INCLUDING
210		-	TERMINATION OF EMPLOYMENT OR THE CONTRACT FOR SERVICES
211		-	;
212		-	PAGE 5-HOUSE BILL 24-1286 (n) TO MAKE AND EXECUTE AGREEMENTS , CONTRACTS, AND OTHER
213		-	INSTRUMENTS NECESSARY OR CONVENIENT IN THE EXERCISE OF THE POWERS
214		-	AND FUNCTIONS OF THE AUTHORITY PURSUANT TO THIS PART
215		-	2, INCLUDING,
216		-	BUT NOT LIMITED TO, CONTRACTS WITH ANY PERSON , FIRM, CORPORATION,
217		-	MUNICIPALITY, STATE AGENCY , COUNTY, OR OTHER ENTITY . ALL
218		-	MUNICIPALITIES
219		-	, COUNTIES, AND STATE AGENCIES MAY ENTER INTO AND DO
220		-	ALL THINGS NECESSARY TO PERFORM ANY SUCH ARRANGEMENT OR
221		-	CONTRACT WITH THE AUTHORITY
222		-	.
223		-	(o) O
224		-	THER POWERS NECESSARY TO ACCOMPLISH THE AUTHORITY 'S
225		-	SPECIFIC GOALS AS REQUIRED PURSUANT TO THIS PART
226		-	2.
227		-	13-5.7-204. Equal justice authority board - membership and
228		-	meetings - rules. (1) T
229		-	HE AUTHORITY IS GOVERNED BY THE EQUAL JUSTICE
230		-	AUTHORITY BOARD
231		-	, WHICH IS MADE UP OF SEVEN MEMBERS WHO ARE
232		-	RESIDENTS OF THIS STATE AND HAVE A DEMONSTRATED COMMITMENT TO
233		-	PROVIDING CIVIL LEGAL AID THROUGH CURRENT OR PRIOR EMPLOYMENT
234		-	WITH A QUALIFIED CIVIL LEGAL AID PROVIDER
235		-	, OR THROUGH SUBSTANTIAL
236		-	VOLUNTEER SERVICE WITH A SIMILAR ORGANIZATION
237		-	.
238		-	(2) M
239		-	EMBERS OF THE BOARD MUST BE APPOINTED AS FOLLOWS :
240		-	(a) O
241		-	NE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE
242		-	COLORADO SUPREME COURT ;
243		-	(b) O
244		-	NE MEMBER APPOINTED BY THE ATTORNEY GENERAL ;
245		-	(c) O
246		-	NE MEMBER APPOINTED BY THE COLORADO BAR ASSOCIATION;
247		-	(d) O
248		-	NE MEMBER APPOINTED BY THE COLORADO LAWYER TRUST
249		-	ACCOUNT FOUNDATION
250		-	; AND
251		-	(e) THREE MEMBERS APPOINTED BY THE COLORADO ACCESS TO
252		-	JUSTICE COMMISSION
253		-	, AT LEAST TWO OF WHOM ARE EMPLOYED BY A
254		-	QUALIFIED CIVIL LEGAL AID PROVIDER
255		-	, AND AT LEAST ONE OF WHOM IS
256		-	EMPLOYED BY A QUALIFIED CIVIL LEGAL AID PROVIDER THAT EMPLOYS TEN
257		-	OR FEWER FULL
258		-	-TIME ATTORNEYS.
259		-	(3) T
260		-	HE APPOINTING AUTHORITIES SHALL MAKE REASONABLE
261		-	EFFORTS TO APPOINT BOARD MEMBERS THAT REFLECT THE GEOGRAPHIC AND
262		-	PAGE 6-HOUSE BILL 24-1286 DEMOGRAPHIC DIVERSITY OF THE STATE , INCLUDING MEMBERS FROM BOTH
263		-	RURAL AND URBAN PARTS OF THE STATE
264		-	, AND MEMBERS OF DIVERSE
265		-	POLITICAL
266		-	, RACIAL, ABILITY, CULTURAL GROUP, AND SOCIOECONOMIC
267		-	STATUS
268		-	.
269		-	(4) M
270		-	EMBERS SERVE TERMS OF THREE YEARS ; EXCEPT THAT INITIAL
271		-	TERMS OF THE MEMBERS APPOINTED BY THE
272		-	COLORADO ACCESS TO JUSTICE
273		-	COMMISSION ARE TWO
274		-	-YEAR TERMS IN ORDER TO STAGGER THE TERMS SO
275		-	THAT NO MORE THAN FOUR MEMBERS
276		-	' TERMS EXPIRE IN THE SAME YEAR. THE
277		-	APPOINTING AUTHORITIES SHALL DESIGNATE THE INITIAL TERMS AND FILL
278		-	ANY VACANCIES ON THE BOARD
279		-	.
280		-	(5) T
281		-	ERMS EXPIRE ON DECEMBER 31 OF THE FINAL YEAR OF THE
282		-	TERM
283		-	.
284		-	(6) M
285		-	EMBERS MAY BE REAPPOINTED TO SERVE TWO ADDITIONAL
286		-	TERMS
287		-	.
288		-	(7) A
289		-	MEMBER MAY BE REMOVED FROM THE BOARD BY MAJORITY
290		-	VOTE OF THE BOARD FOR MISFEASANCE
291		-	, MALFEASANCE, WILLFUL NEGLECT
292		-	OF DUTY
293		-	, OR OTHER CAUSE AFTER NOTICE AND A PUBLIC HEARING , UNLESS
294		-	NOTICE AND A PUBLIC HEARING ARE EXPRESSLY WAIVED IN WRITING BY THE
295		-	MEMBER BEING REMOVED
296		-	.
297		-	(8) T
298		-	HE BOARD SHALL MEET AT LEAST FOUR TIMES PER YEAR .
299		-	(9) T
300		-	HE BOARD SHALL ELECT A CHAIR AND A VICE-CHAIR AT ITS FIRST
301		-	MEETING OF EACH CALENDAR YEAR
302		-	.
303		-	(10) M
304		-	EMBERS SERVE WITHOUT COMPENSATION BUT MUST BE
305		-	REIMBURSED FOR ACTUAL AND REASONABLE EXPENSES INCURRED IN THE
306		-	PERFORMANCE OF THEIR DUTIES
307		-	.
308		-	(11) T
309		-	HE BOARD SHALL ADOPT ITS OWN RULES OF PROCEDURE AND
310		-	KEEP A RECORD OF ALL PROCEEDINGS
311		-	.
312		-	(12) T
313		-	HE BOARD, BY RESOLUTION, SHALL ESTABLISH RULES TO
314		-	ENSURE MONEY RECEIVED FROM A GRANT IS USED FOR PURPOSES SPECIFIED
315		-	IN SECTION
316		-	13-5.7-206 AND TO ESTABLISH A FUNDING FORMULA TO USE TO
317		-	DETERMINE THE GRANT DISTRIBUTION AMOUNT FOR EACH QUALIFIED CIVIL
318		-	PAGE 7-HOUSE BILL 24-1286 LEGAL AID PROVIDER.
319		-	(13) (a) T
320		-	HE AUTHORITY MAY COOPERATE AND ENTER INTO
321		-	CONTRACTS WITH THE COMMISSION OR ANOTHER AGENCY OR ENTITY
322		-	, FOR
323		-	ADMINISTRATIVE OR OPERATIONAL ASSISTANCE
324		-	, INCLUDING FOR STAFFING.
325		-	(b) T
326		-	HE AUTHORITY SHALL PAY THE CONTRACTED ENTITY IN
327		-	ADVANCE FOR ALL AGREED UPON COSTS INCURRED BY THE CONTRACTED
328		-	ENTITY IN PROVIDING STAFFING FOR THE AUTHORITY TO CARRY OUT ITS
329		-	MISSION
330		-	, INCLUDING COMPENSATION FOR EMPLOYEES STAFFING THE
331		-	AUTHORITY AND ANY ADMINISTRATION AND INDIRECT COSTS ASSOCIATED
332		-	WITH STAFFING THE AUTHORITY
333		-	.
334		-	(14) I
335		-	F THE CONTRACTED ENTITY EXPECTS TO INCUR ACTUAL COSTS
336		-	AS A RESULT OF STAFFING THE AUTHORITY THAT EXCEEDS THE AMOUNT
337		-	PROVIDED BY THE AUTHORITY PURSUANT TO SECTION
338		-	13-5.7-206, THE
339		-	AUTHORITY SHALL PAY THE CONTRACTED ENTITY FOR ALL COSTS INCURRED
340		-	BY THE CONTRACTED ENTITY IN PROVIDING STAFFING TO THE AUTHORITY
341		-	,
342		-	INCLUDING, BUT LIMITED TO, COMPENSATION FOR EMPLOYEES STAFFING THE
343		-	AUTHORITY AND ADMINISTRATIVE COSTS IN AN AMOUNT AGREED UPON BY
344		-	THE AUTHORITY AND CONTRACTED ENTITY
345		-	.
346		-	(15) T
347		-	HE ATTORNEY GENERAL SHALL REPRESENT THE AUTHORITY IN
348		-	A CAUSE OF ACTION
349		-	.
350		-	13-5.7-205. Imposition and collection of the equal justice fee.
351		-	(1)
352		-	BEGINNING JANUARY 1, 2025, THE AUTHORITY SHALL IMPOSE, AND THE
353		-	COURT SHALL COLLECT ON BEHALF OF THE AUTHORITY
354		-	, AN EQUAL JUSTICE
355		-	FEE IN THE AMOUNT SPECIFIED IN SECTIONS
356		-	13-4-112 (3), 13-32-101 (9), AND
357		-	13-32-102 (7) ON THE COURT FILINGS SPECIFIED IN SECTIONS 13-4-112 (1)(a)
358		-	AND (1)(b); 13-32-101 (1), EXCEPT FILINGS IN SMALL CLAIMS COURT; AND
359		-	13-32-102 (1)(a), (1)(b), AND (1)(f). FOR THE PURPOSE OF MINIMIZING
360		-	COMPLIANCE COSTS FOR COURT USERS AND ADMINISTRATIVE COSTS FOR THE
361		-	AUTHORITY
362		-	, THE COURT SHALL COLLECT THE EQUAL JUSTICE FEE ON BEHALF
363		-	OF THE AUTHORITY IN THE SAME MANNER IN WHICH IT COLLECTS COURT
364		-	FILING FEES IMPOSED BY SECTIONS
365		-	13-4-112, 13-32-101, AND 13-32-102;
366		-	EXCEPT THAT THE COURT SHALL NOT TRANSMIT THE COLLECTED EQUAL
367		-	JUSTICE FEES TO THE STATE TREASURER FOR DEPOSIT TO ANY STATE FUND
368		-	BUT SHALL INSTEAD REMIT THE FEES COLLECTED TO THE AUTHORITY IN
369		-	ACCORDANCE WITH THE PROCESS DEVELOPED PURS UANT TO SUBSECTION
370		-	(2)
371		-	PAGE 8-HOUSE BILL 24-1286 OF THIS SECTION.
372		-	(2) T
373		-	HE AUTHORITY SHALL MAINTAIN AN ACCOUNT IN A FINANCIAL
374		-	INSTITUTION TO WHICH ALL MONEY COLLECTED FOR THE EQUAL JUSTICE FEE
375		-	IS DEPOSITED
376		-	. THE AUTHORITY SHALL WORK WITH THE JUDICIAL
377		-	DEPARTMENT TO DEVELOP A PROCESS THAT ENSURES THAT EACH COURT IS
378		-	ABLE TO PROMPTLY AND EFFICIENTLY DEPOSIT ALL EQUAL JUSTICE FEES
379		-	COLLECTED DIRECTLY TO THE ACCOUNT OR OTHERWISE PROMPTLY AND
380		-	EFFICIENTLY REMIT SUCH FEES TO THE AUTHORITY
381		-	.
382		-	(3) E
383		-	QUAL JUSTICE FEES COLLECTED AND REMITTED TO THE
384		-	AUTHORITY PURSUANT TO THIS SECTION ARE NOT STATE REVENUE
385		-	.
386		-	13-5.7-206. Distribution of equal justice fees - purpose. (1) O
387		-	N
388		-	JULY 1, 2025, AND EACH JULY 1 THEREAFTER, THE AUTHORITY SHALL
389		-	ANNUALLY DISTRIBUTE ALL MONEY DEPOSITED INTO THE AUTHORITY
390		-	'S
391		-	ACCOUNT AS REQUIRED BY SECTION
392		-	13-5.7-205 (2), LESS THE AUTHORITY'S
393		-	DIRECT AND INDIRECT EXPENSES IN ADMINISTERING THE REQUIREMENTS OF
394		-	THIS PART
395		-	2 AND ANY OTHER RELATED WORK COMPLETED TO ADVANCE THE
396		-	MISSION OF THE AUTHORITY
397		-	. THE AUTHORITY SHALL DISTRIBUTE
398		-	SIXTY
399		-	-SEVEN PERCENT OF THE REMAINING REVENUE TO THE COLORADO
400		-	RECIPIENT OF A FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT AND
401		-	THIRTY
402		-	-THREE PERCENT TO QUALIFIED CIVIL LEGAL AID PROVIDERS .
403		-	(2) T
404		-	HE BOARD, BY RESOLUTION, SHALL ESTABLISH A FUNDING
405		-	FORMULA TO USE TO DETERMINE THE DISTRIBUTION AMOUNT FOR EACH
406		-	QUALIFIED CIVIL LEGAL AID PROVIDER
407		-	. IN DEVELOPING THE FORMULA , THE
408		-	BOARD SHALL CONSIDER THE FOLLOWING FACTORS
409		-	:
410		-	(a) T
411		-	HE NUMBER OF ATTORNEY HOURS SPENT SERVING PEOPLE IN
412		-	COLORADO IN POVERTY IN THE PREVIOUS YEAR ;
413		-	(b) T
414		-	HE NUMBER OF FULL-TIME ATTORNEYS EMPLOYED BY THE
415		-	QUALIFIED CIVIL LEGAL AID PROVIDER
416		-	;
417		-	(c) T
418		-	HE NUMBER OF INDIVIDUALS LIVING IN POVERTY WHO RECEIVE
419		-	LEGAL REPRESENTATION OR LEGAL ADVICE FROM THE QUALIFIED CIVIL
420		-	LEGAL AID PROVIDER
421		-	;
422		-	(d) G
423		-	EOGRAPHIC REACH OF SERVICES; AND
424		-	PAGE 9-HOUSE BILL 24-1286 (e) ABILITY AND EXPERIENCE SERVING POPULATIONS WITH BARRIERS
425		-	TO LEGAL ASSISTANCE
426		-	, INCLUDING PEOPLE WITH DISABILITIES AND PEOPLE
427		-	WITH LIMITED
428		-	ENGLISH PROFICIENCY.
429		-	(3) I
430		-	N ESTABLISHING THE FUNDING FORMULA PURSUANT TO
431		-	SUBSECTION
432		-	(2) OF THIS SECTION, THE BOARD SHALL CONSIDER THE VITAL
433		-	IMPORTANCE OF THE WORK OF QUALIFIED CIVIL LEGAL AID PROVIDERS THAT
434		-	EMPLOY TEN OR FEWER FULL
435		-	-TIME ATTORNEYS TO LOW-INCOME COLORADO
436		-	COMMUNITIES
437		-	.
438		-	(4) M
439		-	ONEY RECEIVED FROM A GRANT MUST BE USED FOR THE
440		-	FOLLOWING PURPOSES
441		-	:
442		-	(a) T
443		-	O PROVIDE ACCESS TO LEGAL REPRESENTATION TO INDIGENT
444		-	PERSONS BY PROVIDING ANNUAL GRANTS TO THE
445		-	COLORADO RECIPIENT OF
446		-	A FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT AND OTHER
447		-	QUALIFIED CIVIL LEGAL AID PROVIDERS PURSUANT TO THIS SECTION
448		-	;
449		-	(b) T
450		-	O INCREASE THE EFFICIENCY OF COLORADO COURTS FOR ALL
451		-	COURT USERS BY REDUCING SLOWDOWNS CAUSED BY
452		-	SELF
453		-	-REPRESENTATION; AND
454		-	(c) TO PAY THE DIRECT AND INDIRECT COSTS OF ADMINISTERING THE
455		-	REQUIREMENTS OF THIS PART
456		-	2, INCLUDING PAYMENT FOR COSTS
457		-	ASSOCIATED WITH STAFFING THE AUTHORITY AND REIMBURSEMENT OF THE
458		-	ACTUAL AND NECESSARY EXPENSES OF BOARD MEMBERS AS REQUIRED BY
459		-	SECTION
460		-	13-5.7-204.
461		-	13-5.7-207. Report. (1) O
462		-	N OR BEFORE JANUARY 1, 2026, AND
463		-	EACH
464		-	JANUARY 1 THEREAFTER, THE AUTHORITY SHALL PREPARE AND SUBMIT
465		-	A REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND
466		-	THE SENATE JUDICIARY COMMITTEE
467		-	, OR THEIR SUCCESSOR COMMITTEES ,
468		-	THAT DETAILS THE USE OF THE EQUAL JUSTICE FEES . AT A MINIMUM, THE
469		-	REPORT MUST INCLUDE
470		-	:
471		-	(a) H
472		-	OW MUCH MONEY WAS COLLECTED IN EQUAL JUSTICE FEES AND
473		-	DEPOSITED IN THE AUTHORITY
474		-	'S ACCOUNT AS REQUIRED BY SECTION
475		-	13-5.7-205 (2) IN THE PRECEDING YEAR;
476		-	(b) H
477		-	OW MUCH MONEY THE COLORADO RECIPIENT OF A FEDERAL
478		-	PAGE 10-HOUSE BILL 24-1286 LEGAL SERVICES CORPORATION FIELD GRANT AND OTHER QUALIFIED CIVIL
479		-	LEGAL AID PROVIDERS RECEIVED FROM THE COLLECTED EQUAL JUSTICE FEES
480		-	IN THE PRECEDING YEAR
481		-	;
482		-	(c) T
483		-	HE AMOUNT OF MONEY RECEIVED FROM THE COLLECTED EQUAL
484		-	JUSTICE FEES THAT REMAINED UNUSED BY THE
485		-	COLORADO RECIPIENT OF A
486		-	FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT AND THE QUALIFIED
487		-	CIVIL LEGAL AID PROVIDERS AT THE CONCLUSION OF THE PRECEDING YEAR
488		-	;
489		-	AND
490		-	(d) THE TYPES OF LEGAL SERVICES PROVIDED TO INDIVIDUALS WHO
491		-	RECEIVED LEGAL SERVICES FROM THE
492		-	COLORADO RECIPIENT OF A FEDERAL
493		-	LEGAL SERVICES CORPORATION FIELD GRANT AND OTHER QUALIFIED CIVIL
494		-	LEGAL AID PROVIDERS THAT RECEIVED MONEY FROM THE COLLECTED EQUAL
495		-	JUSTICE FEES
496		-	.
497		-	SECTION 3. In Colorado Revised Statutes, 13-4-112, add (3) as
498		-	follows:
499		-	13-4-112. Fees of the clerk of court of appeals - equal justice fee
500		-	collection. (3) B
501		-	EGINNING JANUARY 1, 2025, THE CLERK OF THE COURT OF
502		-	APPEALS SHALL COLLECT THE EQUAL JUSTICE FEE ON FILINGS SPECIFIED IN
503		-	SUBSECTIONS
504		-	(1)(a) AND (1)(b) OF THIS SECTION ON BEHALF OF THE EQUAL
505		-	JUSTICE AUTHORITY AND TRANSMIT THE EQUAL JUSTICE FEE IN THE AMOUNT
506		-	OF THIRTY DOLLARS IN THE MANNER SPECIFIED IN SECTION
507		-	13-5.7-205 (2).
508		-	SECTION 4. In Colorado Revised Statutes, 13-32-101, add (9) as
509		-	follows:
510		-	13-32-101. Docket fees in civil actions - judicial stabilization cash
511		-	fund - justice center cash fund - justice center maintenance fund - equal
512		-	justice fee collection - created - report - legislative declaration.
513		-	(9) B
514		-	EGINNING JANUARY 1, 2025, THE COURT SHALL COLLECT THE EQUAL
515		-	JUSTICE FEE ON FILINGS SPECIFIED IN SUBSECTION
516		-	(1) OF THIS SECTION IN THE
517		-	AMOUNT OF THIRTY DOLLARS ON CIVIL ACTIONS FILED IN DISTRICT COURT
518		-	AND TEN DOLLARS ON CIVIL ACTIONS FILED IN COUNTY COURT
519		-	, EXCEPT FOR
520		-	FILINGS IN SMALL CLAIMS COURT
521		-	, ON BEHALF OF THE EQUAL JUSTICE
522		-	AUTHORITY AND TRANSMIT THE EQUAL JUSTICE FEE IN THE MANNER
523		-	SPECIFIED IN SECTION
524		-	13-5.7-205 (2).
525		-	PAGE 11-HOUSE BILL 24-1286 SECTION 5. In Colorado Revised Statutes, 13-32-102, add (7) as
526		-	follows:
527		-	13-32-102. Fees in probate proceedings - equal justice fee
528		-	collection. (7) B
529		-	EGINNING JANUARY 1, 2025, THE COURT SHALL COLLECT
530		-	THE EQUAL JUSTICE FEE IN THE AMOUNT OF THIRTY DOLLARS ON FILINGS
531		-	SPECIFIED IN SUBSECTIONS
532		-	(1)(a), (1)(b), AND (1)(f) OF THIS SECTION ON
533		-	BEHALF OF THE EQUAL JUSTICE AUTHORITY AND TRANSMIT THE EQUAL
534		-	JUSTICE FEE IN THE MANNER SPECIFIED IN SECTION
535		-	13-5.7-205 (2).
536		-	SECTION 6. In Colorado Revised Statutes, 24-77-102, amend
537		-	(15)(b)(XIX) and (15)(b)(XX); and add (15)(b)(XXI) as follows:
538		-	24-77-102. Definitions. As used in this article 77, unless the context
539		-	otherwise requires:
540		-	(15) (b) "Special purpose authority" includes, but is not limited to:
541		-	(XIX) The Colorado electric transmission authority created in
542		-	section 40-42-103 (1); and
543		-	(XX) The middle-income housing authority created in section
544		-	29-4-1104 (1);
545		-	AND
546		-	(XXI) THE EQUAL JUSTICE AUTHORITY CREATED IN SECTION
547		-	13-5.7-202.
548		-	SECTION 7. Safety clause. The general assembly finds,
549		-	determines, and declares that this act is necessary for the immediate
550		-	preservation of the public peace, health, or safety or for appropriations for
551		-	PAGE 12-HOUSE BILL 24-1286 the support and maintenance of the departments of the state and state
552		-	institutions.
553		-	____________________________ ____________________________
554		-	Julie McCluskie Steve Fenberg
555		-	SPEAKER OF THE HOUSE PRESIDENT OF
556		-	OF REPRESENTATIVES THE SENATE
557		-	____________________________ ____________________________
558		-	Robin Jones Cindi L. Markwell
559		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
560		-	OF REPRESENTATIVES THE SENATE
561		-	APPROVED________________________________________
562		-	(Date and Time)
563		-	_________________________________________
564		-	Jared S. Polis
565		-	GOVERNOR OF THE STATE OF COLORADO
566		-	PAGE 13-HOUSE BILL 24-1286
	14	+	ONCERNING MEASURES TO INCRE ASE ACCESS TO THE COURTS FOR101
	15	+	INDIGENT PERSONS.102
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov
	22	+	.)
	23	+	The bill creates the equal justice fund authority as a special
	24	+	purpose authority to administer the equal justice fund for the purpose of
	25	+	providing monetary support to local organizations that provide legal
	26	+	representation and legal advice to low-income individuals.
	27	+	The bill requires certain court filings to incur an additional $20
	28	+	filing fee that must be annually deposited into the equal justice fund.
	29	+	SENATE
	30	+	Amended 2nd Reading
	31	+	May 1, 2024
	32	+	HOUSE
	33	+	3rd Reading Unamended
	34	+	April 19, 2024
	35	+	HOUSE
	36	+	Amended 2nd Reading
	37	+	April 18, 2024
	38	+	HOUSE SPONSORSHIP
	39	+	Joseph and Lindsay, Bacon, Brown, Clifford, Garcia, Mabrey, Rutinel, Velasco, Bird,
	40	+	Boesenecker, Daugherty, Duran, Epps, Froelich, Herod, Jodeh, Kipp, Lieder, McCluskie,
	41	+	McCormick, Parenti, Ricks, Sirota, Story, Titone, Vigil, Weissman, Willford, Young
	42	+	SENATE SPONSORSHIP
	43	+	Roberts and Priola,
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. The bill prohibits a judge from requiring indigent parties to pay the
	47	+	docket fee for a civil action.
	48	+	Be it enacted by the General Assembly of the State of Colorado:1
	49	+	SECTION 1. Legislative declaration. (1) The general assembly2
	50	+	finds that:3
	51	+	(a) Access to justice is a basic principle of the rule of law, and it4
	52	+	ensures that all persons, institutions, and entities, public and private,5
	53	+	including the state, are held accountable to laws that are publicly6
	54	+	promulgated, equally enforced, and independently adjudicated;7
	55	+	(b) In the absence of access to justice, people are unable to have8
	56	+	their voices heard, exercise their rights, challenge discrimination, or hold9
	57	+	decision-makers accountable;10
	58	+	(c) Providing civil legal aid to people in poverty is vital to11
	59	+	Colorado in supporting justice for victims of intimate partner violence,12
	60	+	ensuring veterans receive their well-earned benefits, protecting against13
	61	+	elder abuse, fighting human trafficking, protecting access to necessities14
	62	+	such as food and shelter, and other areas;15
	63	+	(d) Without access to civil legal representation, many laws and16
	64	+	protections remain unenforceable for low-income Coloradans;17
	65	+	(e) State-funded legal aid in certain civil matters reinforces the18
	66	+	importance of the right to counsel to ensure a fair trial;19
	67	+	(f) Equal access to justice would have little effective meaning if20
	68	+	an individual could not afford that right on the basis of income;21
	69	+	(g) In order to meet the needs of our most vulnerable community22
	70	+	members, it is necessary, appropriate, equitable, and in the best interest23
	71	+	of all Coloradans to create a special purpose authority to allow24
	72	+	low-income Coloradans access to the court system by imposing a fee on25
	73	+	1286-2- a party's first court filing;1
	74	+	(h) The fee imposed is for the specific purpose of serving users of2
	75	+	Colorado courts, who will pay the fee on all initial pleadings and answers3
	76	+	because the fee:4
	77	+	(I) Will serve all qualified court users by increasing the efficiency5
	78	+	of courts for all court users by reducing slowdowns caused by6
	79	+	self-represented parties because providing guidance and legal assistance7
	80	+	to unrepresented litigants increases efficiency in courts;8
	81	+	(II) Will increase the provision of justice in our courts for all court9
	82	+	users, regardless of income, which is an interest shared among all court10
	83	+	users;11
	84	+	(III) Is collected at a rate reasonably calculated based on the12
	85	+	overall costs of the services provided by the authority; and13
	86	+	(IV) Is not a tax;14
	87	+	(i) Furthering access to Colorado's civil courts is a pillar of our15
	88	+	democratic legal systems; and16
	89	+	(j) The state of Colorado must endeavor to systematically support17
	90	+	the delivery of equal access to legal aid services to all qualified18
	91	+	Coloradans.19
	92	+	(2) Therefore, the general assembly declares that the lack of20
	93	+	access to civil legal justice is a problem that has serious social, legal,21
	94	+	economic, and political consequences, and the general assembly enacts22
	95	+	this legislation to fund equal access to justice and reaffirm the23
	96	+	commitment to equitable access to the civil legal process.24
	97	+	SECTION 2. In Colorado Revised Statutes, add part 2 to article25
	98	+	5.7 of title 13 as follows:26
	99	+	PART 227
	100	+	1286
	101	+	-3- EQUAL JUSTICE AUTHORITY1
	102	+	13-5.7-201. Definitions. AS USED IN THIS PART 2, UNLESS THE2
	103	+	CONTEXT OTHERWISE REQUIRES :3
	104	+	(1) "AUTHORITY" MEANS THE EQUAL JUSTICE AUTHORITY CREATED4
	105	+	IN SECTION 13-5.7-202.5
	106	+	(2) "BOARD" MEANS THE EQUAL JUSTICE AUTHORITY BOARD6
	107	+	CREATED IN SECTION 13-5.7-204.7
	108	+	(3) "EQUAL JUSTICE FEE" MEANS THE FEE COLLECTED ON CIVIL8
	109	+	ACTIONS AS SET FORTH IN SECTIONS 13-4-112 (3)(a), 13-32-101 (9)(a),9
	110	+	AND 13-32-102 (7)(a). PURSUANT TO THIS PART 2.10
	111	+	(4) "QUALIFIED CIVIL LEGAL AID PROVIDER" MEANS A 501 (c)(3)11
	112	+	NONPROFIT ORGANIZATION OTHER THAN THE COLORADO RECIPIENT OF A12
	113	+	FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT THAT PROVIDES13
	114	+	LEGAL REPRESENTATION AND ADVICE TO PEOPLE IN COLORADO WHO ARE14
	115	+	AT OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY15
	116	+	GUIDELINE TO SUPPORT THEIR ACCESS TO BASIC NEEDS SUCH AS HOUSING,16
	117	+	EMPLOYMENT, HEALTH SERVICES, EDUCATION, AND ASSISTANCE WITH17
	118	+	FAMILY MATTERS AND IMMIGRATION STATUS ISSUES .18
	119	+	13-5.7-202. Creation and purpose. THERE IS CREATED AS A19
	120	+	SPECIAL PURPOSE AUTHORITY, AS DEFINED IN SECTION 24-77-102, THE20
	121	+	EQUAL JUSTICE AUTHORITY, WHICH IS A BODY CORPORATE AND A21
	122	+	POLITICAL SUBDIVISION OF THE STATE, WHICH SHALL NOT BE AN AGENCY22
	123	+	OF STATE GOVERNMENT AND SHALL NOT BE SUBJECT TO ADMINISTRATIVE23
	124	+	DIRECTION BY ANY DEPARTMENT , COMMISSION, BOARD, BUREAU, OR24
	125	+	AGENCY OF THE STATE . THE AUTHORITY IS RESPONSIBLE FOR25
	126	+	DISTRIBUTING THE EQUAL JUSTICE FEE PURSUANT TO SECTION 13-5.7-20626
	127	+	FOR THE PURPOSE OF PROVIDING EQUAL ACCESS TO LEGAL AID SERVICES27
	128	+	1286
	129	+	-4- AND TO INCREASE EFFICIENCY OF THE COURT SYSTEM FOR ALL COURT1
	130	+	USERS.2
	131	+	13-5.7-203. General powers. (1) IN ADDITION TO ANY OTHER3
	132	+	POWERS GRANTED TO THE AUTHORITY IN THIS PART 2, THE AUTHORITY HAS4
	133	+	THE FOLLOWING POWERS:5
	134	+	(a) TO HAVE THE DUTIES, PRIVILEGES, IMMUNITIES, RIGHTS,6
	135	+	LIABILITIES, AND DISABILITIES OF A BODY CORPORATE AND POLITICAL7
	136	+	SUBDIVISION OF THE STATE;8
	137	+	(b) TO HAVE PERPETUAL EXISTENCE AND SUCCESSION ;9
	138	+	(c) TO ADOPT, HAVE, AND USE A SEAL AND TO ALTER THE SAME AT10
	139	+	ITS PLEASURE;11
	140	+	(d) TO SUE AND BE SUED;12
	141	+	(e) TO ENTER INTO ANY CONTRACT OR AGREEMENT NOT13
	142	+	INCONSISTENT WITH THIS PART 2 OR THE LAWS OF THE STATE;14
	143	+	(f) TO PURCHASE, LEASE, LEASE WITH AN OPTION TO PURCHASE,15
	144	+	TRADE, EXCHANGE, OR OTHERWISE ACQUIRE, MAINTAIN, HOLD, IMPROVE,16
	145	+	MORTGAGE, ENCUMBER, AND DISPOSE OF REAL PROPERTY AND PERSONAL17
	146	+	PROPERTY, WHETHER TANGIBLE OR INTANGIBLE, AND ANY INTEREST,18
	147	+	INCLUDING EASEMENTS AND RIGHTS-OF-WAY, WITHOUT RESTRICTION OR19
	148	+	LIMITATION;20
	149	+	(g) TO ACQUIRE OFFICE SPACE, EQUIPMENT, SERVICES, SUPPLIES,21
	150	+	AND INSURANCE NECESSARY TO CARRY OUT THE PURPOSES OF THIS PART22
	151	+	2;23
	152	+	(h) TO DEPOSIT ANY MONEY OF THE AUTHORITY IN ANY BANKING24
	153	+	INSTITUTION OR IN ANY DEPOSITORY AUTHORIZED PURSUANT TO SECTION25
	154	+	24-75-603, AND TO APPOINT, FOR THE PURPOSE OF MAKING SUCH26
	155	+	DEPOSITS, ONE OR MORE PERSONS TO ACT AS CUSTODIANS OF THE MONEY27
	156	+	1286
	157	+	-5- OF THE AUTHORITY, WHO SHALL GIVE SURETY BONDS IN SUCH AMOUNTS1
	158	+	AND FORM AND FOR SUCH PURPOSES AS THE BOARD REQUIRES ;2
	159	+	(i) TO CONTRACT FOR AND TO ACCEPT ANY GIFTS , GRANTS, AND3
	160	+	LOANS OF FUNDS, PROPERTY, OR ANY OTHER AID IN ANY FORM FROM THE4
	161	+	FEDERAL GOVERNMENT, THE STATE, ANY STATE AGENCY, OR ANY OTHER5
	162	+	SOURCE, OR ANY COMBINATION THEREOF, AND TO COMPLY, SUBJECT TO6
	163	+	THE PROVISIONS OF THIS PART 2, WITH THE TERMS AND CONDITIONS OF7
	164	+	SUCH CONTRACTS OR THE ACCEPTANCE OF SUCH ITEMS ;8
	165	+	(j) TO HAVE AND EXERCISE ALL RIGHTS AND POWERS NECESSARY9
	166	+	OR INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS GRANTED IN10
	167	+	THIS PART 2, WHICH SPECIFIC POWERS SHALL NOT BE CONSIDERED AS A11
	168	+	LIMITATION UPON ANY POWER NECESSARY OR APPROPRIATE TO CARRY OUT12
	169	+	THE PURPOSES AND INTENT OF THIS PART 2;13
	170	+	(k) TO FIX THE TIME AND PLACE OR PLACES AT WHICH ITS REGULAR14
	171	+	AND SPECIAL MEETINGS ARE TO BE HELD ;15
	172	+	(l) TO ELECT ONE MEMBER AS CHAIRPERSON OF THE BOARD AND16
	173	+	ANOTHER MEMBER AS VICE-CHAIRPERSON OF THE BOARD AND TO ELECT17
	174	+	ONE OR MORE MEMBERS AS SECRETARY AND TREASURER OF THE BOARD18
	175	+	AND ELECT OR APPOINT SUCH OTHER OFFICERS AS THE BOARD MAY19
	176	+	DETERMINE AND PROVIDE FOR THEIR DUTIES AND TERMS OF OFFICE ;20
	177	+	(m) TO APPOINT AGENTS, EMPLOYEES, AND PROFESSIONAL AND21
	178	+	BUSINESS ADVISERS, INCLUDING REAL ESTATE PROFESSIONALS ,22
	179	+	CONSTRUCTION COMPANIES , PROPERTY MANAGERS , ATTORNEYS,23
	180	+	ACCOUNTANTS, AND FINANCIAL ADVISERS AS MAY FROM TIME TO TIME BE24
	181	+	NECESSARY IN THE AUTHORITY'S JUDGMENT TO ACCOMPLISH THE25
	182	+	PURPOSES OF THIS PART 2, AND TO FIX THE COMPENSATION OF SUCH26
	183	+	AGENTS, EMPLOYEES, AND ADVISERS, AND TO ESTABLISH THE POWERS AND27
	184	+	1286
	185	+	-6- DUTIES OF ALL AGENTS, EMPLOYEES, AND ADVISERS, AS WELL AS ANY1
	186	+	OTHER PERSON CONTRACTING WITH THE AUTHORITY TO PROVIDE2
	187	+	SERVICES, INCLUDING TERMINATION OF EMPLOYMENT OR THE CONTRACT3
	188	+	FOR SERVICES;4
	189	+	(n) TO MAKE AND EXECUTE AGREEMENTS , CONTRACTS, AND5
	190	+	OTHER INSTRUMENTS NECESSARY OR CONVENIENT IN THE EXERCISE OF THE6
	191	+	POWERS AND FUNCTIONS OF THE AUTHORITY PURSUANT TO THIS PART 2,7
	192	+	INCLUDING, BUT NOT LIMITED TO, CONTRACTS WITH ANY PERSON, FIRM,8
	193	+	CORPORATION, MUNICIPALITY, STATE AGENCY, COUNTY, OR OTHER9
	194	+	ENTITY. ALL MUNICIPALITIES, COUNTIES, AND STATE AGENCIES MAY10
	195	+	ENTER INTO AND DO ALL THINGS NECESSARY TO PERFORM ANY SUCH11
	196	+	ARRANGEMENT OR CONTRACT WITH THE AUTHORITY .12
	197	+	(o) OTHER POWERS NECESSARY TO ACCOMPLISH THE AUTHORITY'S13
	198	+	SPECIFIC GOALS AS REQUIRED PURSUANT TO THIS PART 2.14
	199	+	13-5.7-204. Equal justice authority board - membership and15
	200	+	meetings - rules. (1) THE AUTHORITY IS GOVERNED BY THE EQUAL16
	201	+	JUSTICE AUTHORITY BOARD, WHICH IS MADE UP OF SEVEN MEMBERS WHO17
	202	+	ARE RESIDENTS OF THIS STATE AND HAVE A DEMONSTRATED COMMITMENT18
	203	+	TO PROVIDING CIVIL LEGAL AID THROUGH CURRENT OR PRIOR19
	204	+	EMPLOYMENT WITH A QUALIFIED CIVIL LEGAL AID PROVIDER, OR THROUGH20
	205	+	SUBSTANTIAL VOLUNTEER SERVICE WITH A SIMILAR ORGANIZATION .21
	206	+	(2) MEMBERS OF THE BOARD MUST BE APPOINTED AS FOLLOWS :22
	207	+	(a) ONE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE23
	208	+	COLORADO SUPREME COURT ;24
	209	+	(b) ONE MEMBER APPOINTED BY THE ATTORNEY GENERAL ;25
	210	+	(c) ONE MEMBER APPOINTED BY THE COLORADO BAR26
	211	+	ASSOCIATION;27
	212	+	1286
	213	+	-7- (d) ONE MEMBER APPOINTED BY THE COLORADO LAWYER TRUST1
	214	+	ACCOUNT FOUNDATION ; AND2
	215	+	(e) THREE MEMBERS APPOINTED BY THE COLORADO ACCESS TO3
	216	+	JUSTICE COMMISSION, AT LEAST TWO OF WHOM ARE EMPLOYED BY A4
	217	+	QUALIFIED CIVIL LEGAL AID PROVIDER, AND AT LEAST ONE OF WHOM IS5
	218	+	EMPLOYED BY A QUALIFIED CIVIL LEGAL AID PROVIDER THAT EMPLOYS TEN6
	219	+	OR FEWER FULL-TIME ATTORNEYS.7
	220	+	(3) THE APPOINTING AUTHORITIES SHALL MAKE REASONABLE8
	221	+	EFFORTS TO APPOINT BOARD MEMBERS THAT REFLECT THE GEOGRAPHIC9
	222	+	AND DEMOGRAPHIC DIVERSITY OF THE STATE, INCLUDING MEMBERS FROM10
	223	+	BOTH RURAL AND URBAN PARTS OF THE STATE, AND MEMBERS OF DIVERSE11
	224	+	POLITICAL, RACIAL, ABILITY, CULTURAL GROUP, AND SOCIOECONOMIC12
	225	+	STATUS.13
	226	+	(4) MEMBERS SERVE TERMS OF THREE YEARS ; EXCEPT THAT14
	227	+	INITIAL TERMS OF THE MEMBERS APPOINTED BY THE COLORADO ACCESS15
	228	+	TO JUSTICE COMMISSION ARE TWO-YEAR TERMS IN ORDER TO STAGGER THE16
	229	+	TERMS SO THAT NO MORE THAN FOUR MEMBERS ' TERMS EXPIRE IN THE17
	230	+	SAME YEAR. THE APPOINTING AUTHORITIES SHALL DESIGNATE THE INITIAL18
	231	+	TERMS AND FILL ANY VACANCIES ON THE BOARD .19
	232	+	(5) TERMS EXPIRE ON DECEMBER 31 OF THE FINAL YEAR OF THE20
	233	+	TERM.21
	234	+	(6) MEMBERS MAY BE REAPPOINTED TO SERVE TWO ADDITIONAL22
	235	+	TERMS.23
	236	+	(7) A MEMBER MAY BE REMOVED FROM THE BOARD BY MAJORITY24
	237	+	VOTE OF THE BOARD FOR MISFEASANCE, MALFEASANCE, WILLFUL NEGLECT25
	238	+	OF DUTY, OR OTHER CAUSE AFTER NOTICE AND A PUBLIC HEARING, UNLESS26
	239	+	NOTICE AND A PUBLIC HEARING ARE EXPRESSLY WAIVED IN WRITING BY27
	240	+	1286
	241	+	-8- THE MEMBER BEING REMOVED .1
	242	+	(8) THE BOARD SHALL MEET AT LEAST FOUR TIMES PER YEAR .2
	243	+	(9) THE BOARD SHALL ELECT A CHAIR AND A VICE-CHAIR AT ITS3
	244	+	FIRST MEETING OF EACH CALENDAR YEAR .4
	245	+	(10) MEMBERS SERVE WITHOUT COMPENSATION BUT MUST BE5
	246	+	REIMBURSED FOR ACTUAL AND REASONABLE EXPENSES INCURRED IN THE6
	247	+	PERFORMANCE OF THEIR DUTIES.7
	248	+	(11) THE BOARD SHALL ADOPT ITS OWN RULES OF PROCEDURE AND8
	249	+	KEEP A RECORD OF ALL PROCEEDINGS .9
	250	+	(12) THE BOARD, BY RESOLUTION, SHALL ESTABLISH RULES TO10
	251	+	ENSURE MONEY RECEIVED FROM A GRANT IS USED FOR PURPOSES11
	252	+	SPECIFIED IN SECTION 13-5.7-206 AND TO ESTABLISH A FUNDING FORMULA12
	253	+	TO USE TO DETERMINE THE GRANT DISTRIBUTION AM OUNT FOR EACH13
	254	+	QUALIFIED CIVIL LEGAL AID PROVIDER.14
	255	+	(13) (a) THE AUTHORITY MAY COOPERATE AND ENTER INTO15
	256	+	CONTRACTS WITH THE COMMISSION OR ANOTHER AGENCY OR ENTITY, FOR16
	257	+	ADMINISTRATIVE OR OPERATIONAL ASSISTANCE , INCLUDING FOR STAFFING.17
	258	+	(b) THE AUTHORITY SHALL PAY THE CONTRACTED ENTITY IN18
	259	+	ADVANCE FOR ALL AGREED UPON COSTS INCURRED BY THE CONTRACTED19
	260	+	ENTITY IN PROVIDING STAFFING FOR THE AUTHORITY TO CARRY OUT ITS20
	261	+	MISSION, INCLUDING COMPENSATION FOR EMPLOYEES STAFFING THE21
	262	+	AUTHORITY AND ANY ADMINISTRATION AND INDIRECT COSTS ASSOCIATED22
	263	+	WITH STAFFING THE AUTHORITY.23
	264	+	(14) IF THE CONTRACTED ENTITY EXPECTS TO INCUR ACTUAL24
	265	+	COSTS AS A RESULT OF STAFFING THE AUTHORITY THAT EXCEEDS THE25
	266	+	AMOUNT PROVIDED BY THE AUTHORITY PURSUANT TO SECTION26
	267	+	13-5.7-206, THE AUTHORITY SHALL PAY THE CONTRACTED ENTITY FOR ALL27
	268	+	1286
	269	+	-9- COSTS INCURRED BY THE CONTRACTED ENTITY IN PROVIDING STAFFING TO1
	270	+	THE AUTHORITY, INCLUDING, BUT LIMITED TO, COMPENSATION FOR2
	271	+	EMPLOYEES STAFFING THE AUTHORITY AND ADMINISTRATIVE COSTS IN AN3
	272	+	AMOUNT AGREED UPON BY THE AUTHORITY AND CONTRACTED ENTITY .4
	273	+	(15) THE ATTORNEY GENERAL SHALL REPRESENT THE AUTHORITY5
	274	+	IN A CAUSE OF ACTION.6
	275	+	13-5.7-205. Imposition and collection of the equal justice fee.7
	276	+	(1) BEGINNING JANUARY 1, 2025, THE AUTHORITY SHALL IMPOSE, AND8
	277	+	THE COURT SHALL COLLECT ON BEHALF OF THE AUTHORITY , AN EQUAL9
	278	+	JUSTICE FEE IN THE AMOUNT SPECIFIED IN SECTIONS 13-4-112 (3)(a),10
	279	+	13-32-101 (9)(a), AND 13-32-102 (7)(a) ON THE COURT FILINGS SPECIFIED11
	280	+	IN SECTIONS 13-4-112 (1)(a) AND (1)(b); 13-32-101 (1), EXCEPT FILINGS12
	281	+	IN SMALL CLAIMS COURT; AND 13-32-102 (1)(a), (1)(b), AND (1)(f). FOR13
	282	+	THE PURPOSE OF MINIMIZING COMPLIANCE COSTS FOR COURT USERS AND14
	283	+	ADMINISTRATIVE COSTS FOR THE AUTHORITY, THE COURT SHALL COLLECT15
	284	+	THE EQUAL JUSTICE FEE ON BEHALF OF THE AUTHORITY IN THE SAME16
	285	+	MANNER IN WHICH IT COLLECTS COURT FILING FEES IMPOSED BY SECTIONS17
	286	+	13-4-112, 13-32-101, AND 13-32-102; EXCEPT THAT THE COURT SHALL18
	287	+	NOT TRANSMIT THE COLLECTED EQUAL JUSTICE FEES TO THE STATE19
	288	+	TREASURER FOR DEPOSIT TO ANY STATE FUND BUT SHALL INSTEAD REMIT20
	289	+	THE FEES COLLECTED TO THE AUTHORITY IN ACCORDANCE WITH THE21
	290	+	PROCESS DEVELOPED PURSUANT TO SUBSECTION (2) OF THIS SECTION.22
	291	+	(2) THE AUTHORITY SHALL MAINTAIN AN ACCOUNT IN A FINANCIAL23
	292	+	INSTITUTION TO WHICH ALL MONEY COLLECTED FOR THE EQUAL JUSTICE24
	293	+	FEE IS DEPOSITED. THE AUTHORITY SHALL WORK WITH THE JUDICIAL25
	294	+	DEPARTMENT TO DEVELOP A PROCESS THAT ENSURES THAT EACH COURT26
	295	+	IS ABLE TO PROMPTLY AND EFFICIENTLY DEPOSIT ALL EQUAL JUSTICE FEES27
	296	+	1286
	297	+	-10- COLLECTED DIRECTLY TO THE ACCOUNT OR OTHERWISE PROMPTLY AND1
	298	+	EFFICIENTLY REMIT SUCH FEES TO THE AUTHORITY .2
	299	+	(3) EQUAL JUSTICE FEES COLLECTED AND REMITTED TO THE3
	300	+	AUTHORITY PURSUANT TO THIS SECTION ARE NOT STATE REVENUE .4
	301	+	13-5.7-206. Distribution of equal justice fees - purpose. (1) ON5
	302	+	JULY 1, 2025, AND EACH JULY 1 THEREAFTER, THE AUTHORITY SHALL6
	303	+	ANNUALLY DISTRIBUTE ALL MONEY DEPOSITED INTO THE AUTHORITY'S7
	304	+	ACCOUNT AS REQUIRED BY SECTION 13-5.7-205 (2), LESS THE AUTHORITY'S8
	305	+	DIRECT AND INDIRECT EXPENSES IN ADMINISTERING THE REQUIREMENTS9
	306	+	OF THIS PART 2 AND ANY OTHER RELATED WORK COMPLETED TO ADVANCE10
	307	+	THE MISSION OF THE AUTHORITY. THE AUTHORITY SHALL DISTRIBUTE11
	308	+	SIXTY-SEVEN PERCENT OF THE REMAINING REVENUE TO THE COLORADO12
	309	+	RECIPIENT OF A FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT13
	310	+	AND THIRTY-THREE PERCENT TO QUALIFIED CIVIL LEGAL AID PROVIDERS.14
	311	+	(2) THE BOARD, BY RESOLUTION, SHALL ESTABLISH A FUNDING15
	312	+	FORMULA TO USE TO DETERMINE THE DISTRIBUTION AMOUNT FOR EACH16
	313	+	QUALIFIED CIVIL LEGAL AID PROVIDER. IN DEVELOPING THE FORMULA, THE17
	314	+	BOARD SHALL CONSIDER THE FOLLOWING FACTORS :18
	315	+	(a) THE NUMBER OF ATTORNEY HOURS SPENT SERVING PEOPLE IN19
	316	+	COLORADO IN POVERTY IN THE PREVIOUS YEAR ;20
	317	+	(b) THE NUMBER OF FULL-TIME ATTORNEYS EMPLOYED BY THE21
	318	+	QUALIFIED CIVIL LEGAL AID PROVIDER;22
	319	+	(c) THE NUMBER OF INDIVIDUALS LIVING IN POVERTY WHO RECEIVE23
	320	+	LEGAL REPRESENTATION OR LEGAL ADVICE FROM THE QUALIFIED CIVIL24
	321	+	LEGAL AID PROVIDER;25
	322	+	(d) GEOGRAPHIC REACH OF SERVICES; AND26
	323	+	(e) ABILITY AND EXPERIENCE SERVING POPULATIONS WITH27
	324	+	1286
	325	+	-11- BARRIERS TO LEGAL ASSISTANCE, INCLUDING PEOPLE WITH DISABILITIES1
	326	+	AND PEOPLE WITH LIMITED ENGLISH PROFICIENCY.2
	327	+	(3) IN ESTABLISHING THE FUNDING FORMULA PURS UANT TO3
	328	+	SUBSECTION (2) OF THIS SECTION, THE BOARD SHALL CONSIDER THE VITAL4
	329	+	IMPORTANCE OF THE WORK OF QUALIFIED CIVIL LEGAL AID PROVIDERS5
	330	+	THAT EMPLOY TEN OR FEWER FULL-TIME ATTORNEYS TO LOW-INCOME6
	331	+	COLORADO COMMUNITIES .7
	332	+	(4) MONEY RECEIVED FROM A GRANT MUST BE USED FOR THE8
	333	+	FOLLOWING PURPOSES:9
	334	+	(a) TO PROVIDE ACCESS TO LEGAL REPRESENTATION TO INDIGENT10
	335	+	PERSONS BY PROVIDING ANNUAL GRANTS TO THE COLORADO RECIPIENT OF11
	336	+	A FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT AND OTHER12
	337	+	QUALIFIED CIVIL LEGAL AID PROVIDERS PURSUANT TO THIS SECTION ;13
	338	+	(b) TO INCREASE THE EFFICIENCY OF COLORADO COURTS FOR ALL14
	339	+	COURT USERS BY REDUCING SLOWDOWNS CAUSED BY15
	340	+	SELF-REPRESENTATION; AND16
	341	+	(c) TO PAY THE DIRECT AND INDIRECT COSTS OF ADMINISTERING17
	342	+	THE REQUIREMENTS OF THIS PART 2, INCLUDING PAYMENT FOR COSTS18
	343	+	ASSOCIATED WITH STAFFING THE AUTHORITY AND REIMBURSEMENT OF THE19
	344	+	ACTUAL AND NECESSARY EXPENSES OF BOARD MEMBERS AS REQUIRED BY20
	345	+	SECTION 13-5.7-204.21
	346	+	13-5.7-207. Report. (1) ON OR BEFORE JANUARY 1, 2026, AND22
	347	+	EACH JANUARY 1 THEREAFTER, THE AUTHORITY SHALL PREPARE AND23
	348	+	SUBMIT A REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY24
	349	+	COMMITTEE AND THE SENATE JUDICIARY COMMITTEE, OR THEIR25
	350	+	SUCCESSOR COMMITTEES, THAT DETAILS THE USE OF THE EQUAL JUSTICE26
	351	+	FEES. AT A MINIMUM, THE REPORT MUST INCLUDE:27
	352	+	1286
	353	+	-12- (a) HOW MUCH MONEY WAS COLLECTED IN EQUAL JUSTICE FEES1
	354	+	AND DEPOSITED IN THE AUTHORITY'S ACCOUNT AS REQUIRED BY SECTION2
	355	+	13-5.7-205 (2) IN THE PRECEDING YEAR;3
	356	+	(b) HOW MUCH MONEY THE COLORADO RECIPIENT OF A FEDERAL4
	357	+	LEGAL SERVICES CORPORATION FIELD GRANT AND OTHER QUALIFIED CIVIL5
	358	+	LEGAL AID PROVIDERS RECEIVED FROM THE COLLECTED EQUAL JUSTICE6
	359	+	FEES IN THE PRECEDING YEAR;7
	360	+	(c) THE AMOUNT OF MONEY RECEIVED FROM THE COLLECTED8
	361	+	EQUAL JUSTICE FEES THAT REMAINED UNUSED BY THE COLORADO9
	362	+	RECIPIENT OF A FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT10
	363	+	AND THE QUALIFIED CIVIL LEGAL AID PROVIDERS AT THE CONCLUSION OF11
	364	+	THE PRECEDING YEAR; AND12
	365	+	(d) THE TYPES OF LEGAL SERVICES PROVIDED TO INDIVIDUALS WHO13
	366	+	RECEIVED LEGAL SERVICES FROM THE COLORADO RECIPIENT OF A FEDERAL14
	367	+	LEGAL SERVICES CORPORATION FIELD GRANT AND OTHER QUALIFIED CIVIL15
	368	+	LEGAL AID PROVIDERS THAT RECEIVED MONEY FROM THE COLLECTED16
	369	+	EQUAL JUSTICE FEES.17
	370	+	SECTION 3. In Colorado Revised Statutes, 13-4-112, add (3) as18
	371	+	follows:19
	372	+	13-4-112. Fees of the clerk of court of appeals - equal justice20
	373	+	fee collection. (3) BEGINNING JANUARY 1, 2025, THE CLERK OF THE21
	374	+	COURT OF APPEALS SHALL COLLECT THE EQUAL JUSTICE FEE ON FILINGS22
	375	+	SPECIFIED IN SUBSECTIONS (1)(a) AND (1)(b) OF THIS SECTION ON BEHALF23
	376	+	OF THE EQUAL JUSTICE AUTHORITY AND TRANSMIT THE EQUAL JUSTICE FEE24
	377	+	IN THE AMOUNT OF THIRTY DOLLARS IN THE MANNER SPECIFIED IN SECTION25
	378	+	13-5.7-205 (2).26
	379	+	27
	380	+	1286
	381	+	-13- SECTION 4. In Colorado Revised Statutes, 13-32-101, add (9)1
	382	+	as follows:2
	383	+	13-32-101. Docket fees in civil actions - judicial stabilization3
	384	+	cash fund - justice center cash fund - justice center maintenance fund4
	385	+	- equal justice fee collection - created - report - legislative declaration.5
	386	+	(9) BEGINNING JANUARY 1, 2025, THE COURT SHALL COLLECT THE6
	387	+	EQUAL JUSTICE FEE ON FILINGS SPECIFIED IN SUBSECTION (1) OF THIS7
	388	+	SECTION IN THE AMOUNT OF THIRTY DOLLARS ON CIVIL ACTIONS FILED IN8
	389	+	DISTRICT COURT AND TEN DOLLARS ON CIVIL ACTIONS FILED IN COUNTY9
	390	+	COURT, EXCEPT FOR FILINGS IN SMALL CLAIMS COURT, ON BEHALF OF THE10
	391	+	EQUAL JUSTICE AUTHORITY AND TRANSMIT THE EQUAL JUSTICE FEE IN THE11
	392	+	MANNER SPECIFIED IN SECTION 13-5.7-205 (2).12
	393	+	13
	394	+	SECTION 5. In Colorado Revised Statutes, 13-32-102, add (7)14
	395	+	as follows:15
	396	+	13-32-102. Fees in probate proceedings - equal justice fee16
	397	+	collection. (7) BEGINNING JANUARY 1, 2025, THE COURT SHALL17
	398	+	COLLECT THE EQUAL JUSTICE FEE IN THE AMOUNT OF THIRTY DOLLARS ON18
	399	+	FILINGS SPECIFIED IN SUBSECTIONS (1)(a), (1)(b), AND (1)(f) OF THIS19
	400	+	SECTION ON BEHALF OF THE EQUAL JUSTICE AUTHORITY AND TRANSMIT20
	401	+	THE EQUAL JUSTICE FEE IN THE MANNER SPECIFIED IN SECTION 13-5.7-20521
	402	+	(2).22
	403	+	23
	404	+	SECTION 6. In Colorado Revised Statutes, 24-77-102, amend24
	405	+	(15)(b)(XIX) and (15)(b)(XX); and add (15)(b)(XXI) as follows:25
	406	+	24-77-102. Definitions. As used in this article 77, unless the26
	407	+	context otherwise requires:27
	408	+	1286
	409	+	-14- (15) (b) "Special purpose authority" includes, but is not limited to:1
	410	+	(XIX) The Colorado electric transmission authority created in2
	411	+	section 40-42-103 (1); and3
	412	+	(XX) The middle-income housing authority created in section4
	413	+	29-4-1104 (1); AND5
	414	+	(XXI) THE EQUAL JUSTICE AUTHORITY CREATED IN SECTION6
	415	+	13-5.7-202.7
	416	+	SECTION 7. Safety clause. The general assembly finds,8
	417	+	determines, and declares that this act is necessary for the immediate9
	418	+	preservation of the public peace, health, or safety or for appropriations for10
	419	+	the support and maintenance of the departments of the state and state11
	420	+	institutions.12
	421	+	1286
	422	+	-15-