C.R.S. § 24-31-101: Powers and duties of attorney general - services related to supporting outside counsel - rules - notice to the revisor of statutes - repeal.

(1) The attorney general:

(a) Shall act as the chief legal representative of the state and be the legal counsel and advisor of each department, division, office, board, commission, bureau, and agency of state government but shall not provide legal counsel to the legislative branch except for the state auditor in accordance with section 2-3-104.5;

(b) Shall 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 governor;

(c) Shall prosecute and defend for the state all causes in the appellate courts in which the state is a party or is interested;

(d) Shall give his or her opinion in writing upon all questions of law submitted to the attorney general by the:

(I) General assembly, or either the house of representatives or the senate;

(II) Governor;

(III) Lieutenant governor;

(IV) Secretary of state;

(V) State treasurer;

(VI) Executive director of the department of revenue; or

(VII) Commissioner of education.

(e) Shall have concurrent jurisdiction with the relevant district attorney over part 4 of article 120 of title 12;

(f) May appoint deputy attorneys general and assistant attorneys general for the efficient administration and supervision of department divisions and offices specified in section 24-31-102;

(g) May, at his or her sole discretion, appoint special assistant attorneys general to provide legal services to state agencies except as otherwise provided in section 24-31-111 (5);

(h) Shall, at the request of the governor, secretary of state, state treasurer, executive director of the department of revenue, or commissioner of education, prosecute and defend all suits relating to matters connected with their departments;

(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:

(I) The "Colorado Antitrust Act of 1992" or the "Colorado State Antitrust Act of 2023", article 4 of title 6;

(II) The "Colorado Consumer Protection Act", article 1 of title 6;

(III) The "Unfair Practices Act", article 2 of title 6;

(IV) Article 12 of title 6;

(V) Section 6-1-110;

(VI) Section 11-51-603.5;

(VII) Section 11-61-102;

(VIII) Section 24-34-505.5;

(IX) Section 25.5-4-306;

(X) Article 4 of title 8, subject to section 24-31-1303 (2);

(XI) The "Colorado Employment Security Act", articles 70 to 82 of title 8, subject to section 24-31-1303 (1);

(XII) The "Immigrant Tenant Protection Act" in part 12 of article 12 of title 38;

(XIII) The "Mobile Home Park Act" in part 2 of article 12 of title 38;

(XIV) The "Mobile Home Park Act Dispute Resolution and Enforcement Program" in part 11 of article 12 of title 38;

(XV) Part 1 of article 12 of title 38;

(XVI) Part 7 of article 12 of title 38;

(XVII) The "Rental Application Fairness Act", part 9 of article 12 of title 38;

(XVIII) The "Reproductive Health Equity Act", part 4 of article 6 of title 25;

(XIX) Part 15 of article 5 of title 25;

(XX) Part 5 of article 12 of title 38;

(XXI) Part 12 of article 4 of title 29;

(XXII) Part 14 of article 12 of title 38;

(XXIII) Section 24-34-806;

(XXIV) Section 13-1-140.1;

(XXV) Repealed.

(XXVI) Article 116 of title 24.

(XXVII) The "Colorado Voting Rights Act", article 47 of title 1.

(XXVIII) Beginning January 1, 2026, part 4 of article 12 of title 38;

(XXIX) Beginning January 1, 2026, part 8 of article 12 of title 38;

(XXX) Beginning January 1, 2026, part 10 of article 12 of title 38;

(XXXI) Section 13-16-126; and

(XXXII) Section 25-1.5-101 (1)(i)(I)(D) and (1)(dd).

(j) Shall have the powers, duties, and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title 24;

(k) May make rules, pursuant to section 24-4-103, as may be necessary to carry out the duties imposed upon him or her by law;

(l) When required, shall prepare drafts for contracts, forms, and other writings that may be required for the use of the state;

(m) Upon request of any employee in the state personnel system, shall represent such employee in any civil action or administrative proceeding instituted against such employee, either in the employee's official or individual capacity if the action or proceeding arises out of performance of the employee's official duties as determined by the attorney general and if the action or proceeding has not been brought by the state personnel director or the appointing authority of the employee seeking dismissal or other disciplinary action; except that the attorney general shall not represent any such employee in an action brought under section 24-50.5-105;

(n) Shall, pursuant to section 24-30-1507, represent expert witnesses and consultants described in section 24-30-1510 (3)(h);

(o) Shall keep in proper books a record of all official opinions and a register of all actions prosecuted or defended by him or her and of all proceedings had in relation thereto and the status of pending matters in his or her office, which books or registers the attorney general shall deliver to his or her successor. Publication of opinions or other material circulated in quantity outside the executive branch must be issued in accordance with section 24-1-136.

(p) May bring a civil action to enforce section 24-31-113;

(q) May bring a civil action to enforce section 24-31-307 (2) or a criminal action to enforce section 24-31-307 (3);

(r) May enter into interagency agreements pursuant to section 6-1-116 (4);

(s) May bring or intervene in a civil action, conduct investigations, and issue civil investigation demands pursuant to the "Colorado False Claims Act", part 12 of this article 31;

(t) May bring a civil action to enforce section 25-7-144;

(u) May, if the attorney general has reason to believe that a violation of a statute or rule is causing an imminent and substantive endangerment to the public health, water quality, or environment within a mobile home park, request a temporary restraining order, preliminary injunction, permanent injunction, or any other relief necessary to protect the public health, water quality, or environment;

(v) May expend money, manage staff, and perform other administrative functions essential for the operation of a district attorney's office when appointed by executive order of the governor;

(w) May conduct jail assessments in collaboration with the jail standards advisory committee, created pursuant to section 30-10-530, pursuant to section 24-31-118;

(x) (I) Shall submit to the peace officers standards and training board a proposal by December 31, 2030, to update current basic, reserve, and refresher law enforcement training academy programs and improve the peace officer performance of future academy graduates. If the P.O.S.T. board does not accept the proposal, the attorney general shall submit a new proposal within one year after the date the P.O.S.T. board did not accept the proposal.

(II) This subsection (1)(x) is repealed if:

(A) The peace officers standards and training board approves a comprehensive update to law enforcement training academy programs; and

(B) The chair of the peace officers standards and training board notifies the revisor of statutes in writing of the date when the conditions specified in this subsection (1)(x)(II) have occurred by emailing the notice to revisorofstatutes.ga@coleg.gov.

(III) This subsection (1)(x) is repealed, effective upon the date identified in the notice described in subsection (1)(x)(II) of this section or, if the notice does not specify a date, upon the date of the notice to the revisor of statutes.

(y) May bring a civil action to enforce section 8-2-128.5;

(z) (I) Shall review petitions relating to a rule adopted by the department of law in order to:

(A) Assess whether the rule comports with its statutory purpose;

(B) Understand the impact of the rule, including economic costs resulting from compliance with the rule;

(C) Assess the outreach process associated with the rule to ensure stakeholders are engaged in the rule-making process;

(D) Determine appropriate staffing; and

(E) Perform a cost-benefit analysis including indirect factors that affect health and safety.

(II) On and after January 1, 2027, the attorney general shall accept and review petitions requesting the attorney general to review or initiate a rule-making, subject to the rule-making authority granted to the attorney general or the department.

(III) On or before January 1, 2028, the attorney general shall adopt rules that govern the process for responding to or issuing opinion letters. The rules must include interpretive guidance and an operational framework, which framework includes a good faith reliance defense of an action that may otherwise constitute a violation of title 6.

(aa) May meet with the joint budget committee in an executive session to discuss potential budgetary impacts of current litigation, as described in section 2-3-211.

(2) The general assembly hereby recognizes and reaffirms that the attorney general has all powers conferred by statute and by common law in accordance with section 2-4-211 regarding all trusts established for charitable, educational, religious, or benevolent purposes.

(3) and (4) Repealed.

(5) The attorney general shall conduct enforcement actions authorized by Senate Bill 25-020, if any, within existing appropriations.

(6) Services, support, and infrastructure procured by the department of law to secure outside counsel or to support civil or criminal proceedings, civil or criminal enforcement, or other legal or litigation-related services, support, and infrastructure are not subject to section 24-30-202 (2) or articles 101 to 112 of this title 24.

(7) In any action brought by the attorney general in the attorney general's official capacity, or on the relation of the state of Colorado or the people of the state of Colorado, to enforce the law as authorized by statute or common law, the attorney general shall not be deemed to pursue an action on behalf of any other state officer or any state agency, department, office, board, commission, or enterprise and shall not be deemed in possession, custody, or control of any record that is made, kept, or maintained by any other state officer or any state agency, department, office, board, commission, or enterprise for the purpose of any discovery request directed at the attorney general in the attorney general's official capacity, or on the relation of the state of Colorado or the people of the state of Colorado, as a party to such action.