First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 23-0523.03 Nate Carr x2584 HOUSE BILL 23-1301 House Committees Senate Committees Judiciary Judiciary A BILL FOR AN ACT C ONCERNING THE NONSUBSTANTIVE RE VISION OF STATUTES IN THE101 C OLORADO REVISED STATUTES, AS AMENDED , AND, IN102 CONNECTION THEREWITH , AMENDING OR REPEALING OBSOLETE ,103 IMPERFECT, AND INOPERATIVE LAW TO PRESERVE THE104 LEGISLATIVE INTENT, EFFECT, AND MEANING OF THE LAW .105 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/ .) Committee on Legal Services - Revisor's Bill. To improve the clarity and certainty of the statutes, the bill amends, repeals, and SENATE Amended 2nd Reading May 2, 2023 HOUSE 3rd Reading Unamended April 26, 2023 HOUSE 2nd Reading Unamended April 25, 2023 HOUSE SPONSORSHIP Soper and Snyder, Dickson, Weissman, Bacon, Epps, Joseph, Kipp, McCluskie, Pugliese, Valdez SENATE SPONSORSHIP Gardner and Rodriguez, Buckner, Moreno 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. reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the bill. The amendments made by the bill are not intended to change the meaning or intent of the statutes, as amended. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 5-3-105, amend (2)2 as follows:3 5-3-105. Notice to cosigners and similar parties. (2) The notice4 required by this section must be A clear and conspicuous notice and5 comply with the disclosure requirements of 16 CFR 444.3. 12 CFR 6 227.14, or 12 CFR 535.3.7 SECTION 2. In Colorado Revised Statutes, 5-3.5-303, amend (2)8 as follows:9 5-3.5-303. Relationship to other laws. (2) Preemption. Any10 provision of this article preempted by federal law with respect to a11 national bank or federal savings association shall also, to the same extent,12 not apply to an operating subsidiary of a national bank or federal savings13 association that satisfies the requirements for operating subsidiaries14 established in 12 CFR 5.34, relating to operating subsidiaries, or 12 CFR15 559.3, relating to the characteristics of and requirements for subordinate16 organizations of federal savings associations, nor to a bank chartered17 under the laws of Colorado or any operating subsidiary of such a state18 chartered bank.19 SECTION 3. In Colorado Revised Statutes, 6-1-712, amend20 (2)(b) as follows:21 6-1-712. Discount health plan and cards - deceptive trade22 practices - definitions. (2) The provisions of this section shall not apply23 1301-2- to:1 (b) A medicare endorsed drug card as approved by the FEDERAL2 centers for medicare and medicaid services pursuant to the "Medicare3 Prescription Drug, Improvement, and Modernization Act of 2003", Public4 Law 108-173.5 SECTION 4. In Colorado Revised Statutes, 6-4-108, repeal (5)6 as follows:7 6-4-108. Exemptions. (5) Nothing in this article shall prohibit or 8 be construed to prohibit:9 (a) The formation of a cooperative health-care agreement that has10 been approved in whole or in part in accordance with the provisions of11 part 5 of article 1 of title 25.5, C.R.S.;12 (b) Any conduct or activity reasonably necessary and reasonably13 foreseeable to implement a board-approved cooperative health-care14 agreement or a decision or order issued by the cooperative health-care15 agreements board pursuant to part 5 of article 1 of title 25.5, C.R.S.;16 (c) The negotiation of or entering into any cooperative health-care17 agreement which is filed with the cooperative health-care agreements18 board; or19 (d) Community planning, discussions, or negotiations intended in20 good faith to culminate in a cooperative health-care agreement to be filed21 with the cooperative health-care agreements board. Such agreements,22 conduct, or activities shall not be held or construed to be illegal23 combinations or conspiracies in restraint of trade under this article.24 SECTION 5. In Colorado Revised Statutes, 10-1-202, amend (7)25 as follows:26 10-1-202. Definitions. As used in this part 2, unless the context27 1301 -3- otherwise requires:1 (7) "NAIC" or "national association of insurance commissioners"2 means the organization of insurance regulators from the fifty states, the3 District of Columbia, and the four FIVE United States territories.4 SECTION 6. In Colorado Revised Statutes, 10-1-302, amend5 (10) as follows:6 10-1-302. Definitions. As used in this part 3, unless the context7 otherwise requires:8 (10) "NAIC" or "national association of insurance commissioners"9 means the organization of insurance regulators from the fifty states, the10 District of Columbia, and the four FIVE United States territories.11 SECTION 7. In Colorado Revised Statutes, 10-3-801, amend (7)12 as follows:13 10-3-801. Definitions. As used in this part 8, unless the context14 otherwise requires:15 (7) "NAIC" or "national association of insurance commissioners"16 means the organization of insurance regulators from the fifty states, the17 District of Columbia, and the four FIVE United States territories.18 SECTION 8. In Colorado Revised Statutes, 10-3-1502, amend19 (3) as follows:20 10-3-1502. Definitions. As used in this part 15, unless the context21 otherwise requires:22 (3) "NAIC" or "national association of insurance commissioners"23 means the organization of insurance regulators from the fifty states, the24 District of Columbia, and the four FIVE United States territories.25 SECTION 9. In Colorado Revised Statutes, 10-16-106.3, amend26 (1) as follows:27 1301 -4- 10-16-106.3. Uniform claims - billing codes - electronic claim1 forms. (1) On or before July 1, 2002, all carriers shall accept the claim2 form adopted by the American dental association for use by all dental3 providers and carriers in the state, and the FEDERAL centers for medicare4 and medicaid services' claim forms CMS-1500 and CMS-1450, otherwise5 known as form UB-04, as amended, as the uniform health-care claim6 forms for use by all other health-care providers and carriers in the state.7 All carriers shall accept such claim forms from health-care providers in8 electronic form. A carrier shall not prohibit submission of health-care9 claims in hard copy form, nor shall a carrier be prohibited from requiring10 that a claim be submitted in hard copy form. A carrier shall not require11 submission of a claim on a form other than those set forth in this section,12 except as provided in subsection (3) of this section.13 SECTION 10. In Colorado Revised Statutes, 12-10-603, amend14 (2)(b) as follows:15 12-10-603. Board of real estate appraisers - creation -16 compensation - immunity - legislative declaration - subject to review17 - repeal of part. (2) (b) The general assembly finds, determines, and18 declares that the organization of the board under the division as a type 119 agency ENTITY will provide the autonomy necessary to avoid potential20 conflicts of interest between the responsibility of the board in the21 regulation of real estate appraisers and the responsibility of the division22 in the regulation of real estate brokers and salespersons. The general23 assembly further finds, determines, and declares that the placement of the24 board as a type 1 agency ENTITY under the division is consistent with the25 organizational structure of state government.26 SECTION 11. In Colorado Revised Statutes, 12-20-202, amend27 1301 -5- (6)(b) and (6)(c) as follows:1 12-20-202. Licenses, certifications, and registrations - renewal2 - reinstatement - fees - occupational credential portability program3 - temporary authority for military spouses - exceptions for military4 personnel - rules - consideration of criminal convictions or driver's5 history - executive director authority - definitions. (6) Executive6 director authority. (b) Review of examinations and procedures.7 Notwithstanding any ENTITY STATUS AS A type 1 transfer as such transfer 8 is defined by the "Administrative Organization Act of 1968", article 1 of9 title 24 ENTITY, AS DEFINED IN SECTION 24-1-105, the executive director10 may review any examination or procedure for granting a license,11 certification, or registration by any regulator prior to the execution of the12 examination or procedure. After the review, if the executive director has13 reason to believe the examination or procedure is unfair to the applicants14 or unreasonable in content, the executive director shall call on five people15 licensed, certified, or registered in the occupation or profession to review16 the examination or procedure jointly with the executive director. The17 executive director and the licensees, certificate holders, or registrants,18 acting jointly, may make findings of fact and recommendations to the19 regulator concerning any examination or procedure. The findings of fact20 and recommendations are public documents.21 (c) Employment of administrative law judges. Notwithstanding22 any ENTITY STATUS AS A type 1 transfer as such transfer is defined by the 23 "Administrative Organization Act of 1968", article 1 of title 24 ENTITY,24 AS DEFINED IN SECTION 24-1-105, the executive director may employ an25 administrative law judge, and may require any regulator to use an26 administrative law judge in lieu of a hearing by the regulator, to conduct27 1301 -6- hearings on any matter within the jurisdiction of the regulator, subject to1 appropriations made to the department of personnel. Administrative law2 judges are appointed pursuant to part 10 of article 30 of title 24. An3 administrative law judge employed pursuant to this subsection (6)(c) shall4 conduct hearings in accordance with section 24-4-105, and the5 administrative law judge has the authority specified in section 24-4-105.6 SECTION 12. In Colorado Revised Statutes, 12-30-105, amend7 (5)(n) as follows:8 12-30-105. Nurse-physician advisory task force for Colorado9 health care - creation - duties - definition - repeal. (5) The NPATCH10 shall prioritize consideration of and make recommendations on the11 following topics:12 (n) Feasibility of temporary candidate licenses for students13 nearing the completion of an accredited health-care program. At a14 minimum, they THE NPATCH must consider reimbursement, liability, and15 health and safety issues in their ITS analysis.16 SECTION 13. In Colorado Revised Statutes, 12-30-108, repeal17 (4)(b) as follows:18 12-30-108. Confidential agreement to limit practice - violation19 grounds for discipline. (4) (b) Subsection (1)(a) of this section20 regarding notification for confidential agreements does not apply to:21 (I) and (II) Repealed.22 SECTION 14. In Colorado Revised Statutes, 12-30-110, amend23 (4)(b) as follows:24 12-30-110. Prescribing or dispensing opiate antagonists -25 authorized recipients - definitions. (4) (b) A person or entity described26 in subsection (1)(a) of this section or a mental health professional acting27 1301 -7- in accordance with this section is not subject to civil liability or criminal1 prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2),2 respectively.3 SECTION 15. In Colorado Revised Statutes, 12-30-112, amend4 (1)(a)(V) as follows:5 12-30-112. Health-care providers - required disclosures -6 balance billing - rules - definitions. (1) As used in this section and7 section 12-30-113:8 (a) "Ancillary services" means:9 (V) Any other items and services provided by specialty providers10 as established by rule of the commissioner OF INSURANCE.11 SECTION 16. In Colorado Revised Statutes, 13-40-127, amend12 (9)(a) as follows:13 13-40-127. Eviction legal assistance - fund - rules - report -14 definitions - repeal. (9) (a) In accordance with section 24-75-229 (4),15 three days after June 25, 2021, the state treasurer shall transfer one16 million five hundred thousand dollars from the affordable housing and17 home ownership cash fund created in section 24-75-229 (3)(a) to the fund18 for the purpose of providing legal representation to indigent tenants to19 resolve civil legal matters arising on and after March 1, 2020, for an20 eviction or impending eviction related to the public health emergency21 caused by the COVID-19 public health emergency. The money22 transferred to the fund pursuant to this subsection (9)(a) must be23 maintained in a separate account and must be used only for the purposes24 specified in this subsection (9)(a). Notwithstanding subsection (5)(b) of25 this section, the state treasurer shall credit all interest and income derived26 from the deposit and investment of money in the account to the state27 1301 -8- emergency RESERVE CASH fund created in section 24-77-104 (6)(a) in1 accordance with section 24-75-226 (4)(c)(II). The general assembly shall2 appropriate the money transferred to the fund pursuant to this subsection3 (9)(a) to the administrator for use in accordance with this subsection4 (9)(a). The administrator shall use the money by December 31, 2024, for5 the purposes specified in this subsection (9)(a).6 SECTION 17. In Colorado Revised Statutes, 15-5-504, amend7 (3)(a) as follows:8 15-5-504. Discretionary trusts - effect of standard - definitions. 9 (3) To the extent a trustee has not complied with a standard of10 distribution or has abused a discretion:11 (a) A distribution may be ordered by the court to satisfy a child12 support order to which the beneficiary is an obligee OBLIGOR; and13 SECTION 18. In Colorado Revised Statutes, 16-4-101, amend14 (1)(b)(IV), (1)(c), and (5) as follows:15 16-4-101. Bailable offenses - definitions. (1) All persons shall16 be bailable by sufficient sureties except:17 (b) When, after a hearing held within ninety-six hours of arrest18 and upon reasonable notice, the court finds that the proof is evident or the19 presumption is great as to the crime alleged to have been committed and20 finds that the public would be placed in significant peril if the accused21 were released on bail and such person is accused in any of the following22 cases:23 (IV) A crime of possession of a weapon by a previous offender24 alleged to have been committed in violation of section 18-12-108 (2)(b),25 (2)(c), (4)(b), (4)(c), or (5), C.R.S. AS THOSE PROVISIONS EXISTED PRIOR26 TO THEIR REPEAL ON MARCH 1, 2022;27 1301 -9- (c) When a person has been convicted of a crime of violence or a1 crime of possession of a weapon by a previous offender, as described in2 section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), C.R.S. AS THOSE3 PROVISIONS EXISTED PRIOR TO THEIR REPEAL ON MARCH 1, 2022, at the4 trial court level and such person is appealing such conviction or awaiting5 sentencing for such conviction and the court finds that the public would6 be placed in significant peril if the convicted person were released on7 bail.8 (5) When a person is arrested for a crime of violence, as defined9 in section 16-1-104 (8.5), or a criminal offense alleging the use or10 possession of a deadly weapon or the causing of bodily injury to another11 person, or a criminal offense alleging the possession of a weapon by a12 previous offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b),13 (4)(c), or (5), C.R.S. AS THOSE PROVISIONS EXISTED PRIOR TO THEIR14 REPEAL IN 2022, and such person is on parole, the law enforcement15 agency making the arrest shall notify the department of corrections within16 twenty-four hours. The person so arrested shall not be eligible for bail to17 be set until at least seventy-two hours from the time of his or her arrest18 has passed.19 SECTION 19. In Colorado Revised Statutes, 16-4-201.5, amend20 (1)(f) as follows:21 16-4-201.5. Right to bail after a conviction - exceptions.22 (1) The court may grant bail after a person is convicted, pending23 sentencing or appeal, only as provided by this part 2; except that no bail24 is allowed for persons convicted of:25 (f) A crime of possession of a weapon by a previous offender, as26 described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), AS27 1301 -10- THOSE PROVISIONS EXISTED PRIOR TO THEIR REPEAL ON MARCH 1, 2022;1 SECTION 20. In Colorado Revised Statutes, 17-26-109, amend2 (1)(f)(I) as follows:3 17-26-109. Deductions of time - record keeping - forfeitures -4 definition. (1) Every person who is sentenced to and imprisoned in any5 county jail of this state who performs faithfully the duties assigned to him6 or her and conducts himself or herself in accordance with the rules of the7 jail earns deductions from the time of his or her sentence as follows:8 (f) (I) In addition to the deductions described in subsections9 (1)(a), (1)(b), (1)(c), and (1)(d) AND (1)(c) of this section, an inmate may10 receive a three-day maximum deduction when the inmate takes an11 unusual or extraordinary action, as determined by the county sheriff. This12 deduction may be granted on an incident-by-incident basis. and is not13 subject to the deduction cap described in subsection (1)(e) of this section.14 SECTION 21. In Colorado Revised Statutes, 17-26-140, amend15 (1)(b) as follows:16 17-26-140. Continuity of care for persons released from jail.17 (1) If a person is treated for a substance use disorder at any time during18 the person's incarceration, the county jail shall, at a minimum, conduct the19 following before releasing the person from the county jail's custody:20 (b) Provide a list of available substance use providers, to the21 extent the BEHAVIORAL HEALTH administration in the department of22 human services has such a list available;23 SECTION 22. In Colorado Revised Statutes, 18-1.9-104, amend24 (2)(b) introductory portion as follows:25 18-1.9-104. Task force concerning the treatment of persons26 with behavioral health disorders in the criminal and juvenile justice27 1301 -11- systems - creation - membership - duties. (2) Membership - terms.1 (b) The following executive branch agencies, divisions, and offices shall2 appoint or reappoint from the previous task force eleven TWELVE3 members. Nothing in this section prohibits the executive branch agencies4 listed from appointing members who served on the previous task force.5 The following executive branch agencies shall appoint a representative6 on or before August 1, 2022:7 SECTION 23. In Colorado Revised Statutes, 19-3-508, amend8 (1)(d)(I) as follows:9 19-3-508. Neglected or dependent child - disposition -10 concurrent planning. (1) When a child has been adjudicated to be11 neglected or dependent, the court may enter a decree of disposition the12 same day, but in any event it shall do so within forty-five days unless the13 court finds that the best interests of the child will be served by granting14 a delay. In a county designated pursuant to section 19-1-123, if the child15 is under six years of age at the time a petition is filed in accordance with16 section 19-3-501 (2), the court shall enter a decree of disposition within17 thirty days after the adjudication and shall not grant a delay unless good18 cause is shown and unless the court finds that the best interests of the19 child will be served by granting the delay. It is the intent of the general20 assembly that the dispositional hearing be held on the same day as the21 adjudicatory hearing, whenever possible. If a delay is granted, the court22 shall set forth the reasons why a delay is necessary and the minimum23 amount of time needed to resolve the reasons for the delay and shall24 schedule the hearing at the earliest possible time following the delay.25 When the proposed disposition is termination of the parent-child legal26 relationship, the hearing on termination must not be held on the same date27 1301 -12- as the adjudication, and the time limits set forth above for dispositional1 hearings do not apply. When the proposed disposition is termination of2 the parent-child legal relationship, the court may continue the3 dispositional hearing to the earliest available date for a hearing in4 accordance with the provisions of subsection (3)(a) of this section and5 part 6 of this article 3. When the decree does not terminate the6 parent-child legal relationship, the court shall approve an appropriate7 treatment plan that must include but not be limited to one or more of the8 following provisions of subsections (1)(a) to (1)(d) of this section:9 (d) (I) The court may order that the child be examined or treated10 by a physician, surgeon, psychiatrist, or psychologist or that the child11 receive other special care and may place the child in a hospital or other12 suitable facility for such purposes; except that the child may not be placed13 in a mental health facility operated by the department of human services14 until the child has received a behavioral or mental health disorder15 prescreening resulting in a recommendation that the child be placed in a16 facility for evaluation pursuant to section 27-65-106, or a hearing has17 been held by the court after notice to all parties, including the department18 of human services. An order for an emergency mental health hold must19 not be entered unless a hearing is held and evidence indicates that the20 prescreening report is inadequate, incomplete, or incorrect and that21 competent professional evidence is presented by a mental health22 professional that indicates that a behavioral or mental health disorder is23 present in the child. The court shall make, prior to the hearing, such24 orders regarding temporary custody of the child as are deemed25 appropriate. described in section 27-65-106 or a voluntary application for26 mental health services pursuant to section 27-65-103 or 27-65-104. The27 1301 -13- arrangements for care must be completed through the crisis response1 system or prearranged partnerships with other crisis intervention services.2 SECTION 24. In Colorado Revised Statutes, 19-3.3-111, amend3 (1)(d) and (3)(a)(VII)(F) as follows:4 19-3.3-111. Task force to prevent youth from running from5 out-of-home placement - creation - membership - duties - report -6 definitions - repeal. (1) As used in this section, unless the context7 otherwise requires:8 (d) "Out-of-home placement" means placement in a residential9 child care facility or foster care home, as each is defined in section10 26-6-102 26-6-903.11 (3) (a) The task force consists of the following members:12 (VII) The following members, appointed by the child protection13 ombudsman:14 (F) A representative of a statewide association that represents15 child placement agencies, as defined in section 26-6-102 26-6-903;16 SECTION 25. In Colorado Revised Statutes, 19-5-303, amend17 (1) introductory portion as follows:18 19-5-303. Commission created - duties. (1) There is created in19 the department the adoption intermediary commission, referred to in this20 section as the "commission", which consists of thirteen members. The21 commission is a type 1 entity, as defined in section 24-1-105, and22 exercises its powers and performs the duties and functions specified by23 this part 3 under the department: DEPARTMENT. REPRESENTATION AND24 APPOINTMENT OF SUCH MEMBERS SHALL BE AS FOLLOWS :25 SECTION 26. In Colorado Revised Statutes, 22-7-1015, repeal26 (4)(g); and add (5) as follows:27 1301 -14- 22-7-1015. Postsecondary and workforce readiness program1 - technical assistance - appropriation - repeal. (4) The department of2 education, the department of higher education, and the state institutions3 of higher education, upon request, shall provide support to local4 education providers in implementing postsecondary and workforce5 readiness. Beginning with the 2009-10 budget year, the department of6 education and the department of higher education may include in their7 annual budget requests an amount necessary to offset the costs incurred8 in complying with this section. Support may include, but need not be9 limited to:10 (g) For the 2022-23 state fiscal year, the general assembly shall11 appropriate to the department twenty-five thousand dollars from the12 general fund for the programs described in subsection (4)(f) of this13 section. Any unexpended money remaining at the end of the 2022-23 state14 fiscal year from this appropriation:15 (I) Does not revert to the general fund or any other fund;16 (II) May be used by the department in the 2023-24 or 2024-2517 state fiscal year without further appropriation; and18 (III) Must not be used for any other purpose other than the19 purposes set forth in subsection (4)(f) of this section.20 (5) (a) F OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL21 ASSEMBLY SHALL APPROPRIATE TO THE DEPARTMENT TWENTY -FIVE22 THOUSAND DOLLARS FROM THE GENERAL FUND FOR THE PROGRAMS23 DESCRIBED IN SUBSECTION (4)(f) OF THIS SECTION. ANY UNEXPENDED24 MONEY REMAINING AT THE END OF THE 2022-23 STATE FISCAL YEAR FROM25 THIS APPROPRIATION:26 (I) D OES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND ;27 1301 -15- (II) MAY BE USED BY THE DEPARTMENT IN THE 2023-24 OR1 2024-25 STATE FISCAL YEAR WITHOUT FURTHER APPROPRIATION ; AND2 (III) M UST NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN3 THE PURPOSES SET FORTH IN SUBSECTION (4)(f) OF THIS SECTION.4 (b) T HIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2026.5 SECTION 27. In Colorado Revised Statutes, 22-30.5-513,6 amend (2)(b.5) as follows:7 22-30.5-513. Institute charter schools - funding - at-risk8 supplemental aid - legislative declaration - definitions. (2) (b.5) For9 purposes of calculating an institute charter school's funding pursuant to10 this subsection (2):11 (A) (I) If the institute charter school operates a full-day12 kindergarten educational program, the pupils enrolled in the program are13 counted as full-day pupils; except that a student enrolled as less than a14 full-time pupil is counted in accordance with rules promulgated by the15 state board; and16 (B) (II) If the institute charter school operates a half-day17 kindergarten educational program, the pupils enrolled in the program are18 counted as half-day pupils and the number of pupils enrolled in the19 institute charter school must include the supplemental kindergarten20 enrollment as defined in section 22-54-103 (15).21 SECTION 28. In Colorado Revised Statutes, amend 23-1-121.222 as follows:23 23-1-121.2. Department directive - educator preparation24 pathways - public information. By October 1, 2020, the department25 shall post on the department website a description of each of the existing26 programs and pathways that lead to teacher licensure, including27 1301 -16- alternative teacher preparation programs approved pursuant to article 60.51 of title 22, teacher preparation programs approved pursuant to section2 23-1-121, teacher residency programs, student teacher programs,3 concurrent enrollment programs, teacher cadet programs, grow your own4 educator programs established pursuant to section 22-60.5-208.5, and the5 teaching fellowship programs created pursuant to part 3 of article 78 of6 this title 23. The department shall annually update the descriptions of7 programs and pathways.8 SECTION 29. In Colorado Revised Statutes, 23-3.3-1005,9 amend (8)(a) as follows:10 23-3.3-1005. Colorado opportunity scholarship initiative fund11 - created - rules - repeal. (8) (a) Notwithstanding subsection (2) of this12 section, the state treasurer shall credit all interest and income derived13 from the deposit and investment of money appropriated to the fund14 pursuant to subsections (6)(a) and (7)(a) of this section to the state15 emergency RESERVE CASH fund created in section 24-77-104 (6)(a) in16 accordance with section 24-75-226 (4)(c)(II).17 SECTION 30. In Colorado Revised Statutes, 23-31-313, amend18 (9.7)(f) as follows:19 23-31-313. Healthy forests - vibrant communities - funds20 created - outreach working group - definitions - legislative21 declaration - repeal. (9.7) Wildfire mitigation resources and best22 practices grant program. (f) On or before September 1, 2025, and on23 or before September 1 each year thereafter for the duration of the grant24 program, the forest service shall submit a report to the wildfire matters25 review committee, or any successor committee, on the grant program.26 Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement27 1301 -17- continues until the grant program is repealed pursuant to subsection (9)1 SUBSECTION (9.7)(h) of this section.2 SECTION 31. In Colorado Revised Statutes, 24-1-120.5, amend3 (3) and (4) as follows:4 24-1-120.5. Department of early childhood - creation. (3) The5 powers, duties, and functions of the Colorado child abuse prevention6 board, created in section 26.5-3-204, are transferred by a type 2 transfer7 to IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES8 ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER the9 department of early childhood.10 (4) The powers, duties, and functions relating to the Colorado11 child care assistance program, as described in part 1 of article 4 of title12 26.5, are transferred by a type 2 transfer to IS A TYPE 2 ENTITY, AS13 DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS AND PERFORMS14 ITS DUTIES AND FUNCTIONS UNDER the department of early childhood.15 SECTION 32. In Colorado Revised Statutes, 24-31-1204, amend16 (3)(b)(II) as follows:17 24-31-1204. Civil actions for false claims - claims for18 retaliation - definitions. (3) Actions by private persons. (b) (II) In19 determining whether to intervene and proceed with an action pursuant to20 this subsection (3)(b), the attorney general shall consider the factors21 described in subsection (1)(d) SUBSECTION (1)(b) of this section. The22 attorney general's decision-making process concerning whether to23 intervene and any records related to the decision-making process are not24 discoverable in any action.25 SECTION 33. In Colorado Revised Statutes, 24-32-104, amend26 (5) as follows:27 1301 -18- 24-32-104. Functions of the division - interconnectivity grant1 program - interconnectivity grant program fund - reporting -2 definition. (5) The division shall consult with the division of housing3 created in section 24-32-704 in connection with the creation and4 administration of the housing toolkit program in accordance with section5 24-32-721.5 (2)(a) 24-32-721.7 (2)(a).6 SECTION 34. In Colorado Revised Statutes, 24-32-721, amend7 (1) and (6) as follows:8 24-32-721. Colorado affordable housing construction grants9 and loans - housing development grant fund - creation - housing10 assistance for persons with behavioral, mental health, or substance11 use disorders - cash fund - appropriation - report to general assembly12 - rules - definitions - repeal. (1) There is hereby created in the state13 treasury the housing development grant fund, which fund is administered14 by the division and is referred to in this section as the "fund". The fund15 consists of money credited to the fund in accordance with section16 39-26-123 (3)(b); money transferred to the fund in accordance with17 section 24-22-118 (2); money appropriated to the fund by the general18 assembly; all money transferred to the fund from the marijuana tax cash19 fund created in section 39-28.8-501 (1) and any other cash fund20 maintained by the state; all money transferred to the fund from the general21 fund pursuant to subsection (6) of this section; all money collected by the22 division for purposes of this section from federal grants, from other23 contributions, gifts, grants, and donations received from any other24 organization, entity, or individual, public or private; and from any fees or25 interest earned on such money. The division is hereby authorized and26 directed to solicit, accept, expend, and disburse all money collected for27 1301 -19- the fund from the sources specified in this subsection (1) for the purpose1 of making grants, loans, or other forms of assistance that may be awarded2 under section 24-32-721.5 24-32-721.7 and for program administration3 as provided in this section. All such money must be transmitted to the4 state treasurer to be credited to the fund. The money in the fund is5 continuously appropriated to the division for the purposes of this section.6 (6) On June 27, 2021, the state treasurer shall transfer one million7 six hundred thousand dollars from the general fund to the housing8 development grant fund created in subsection (1) of this section. The9 division shall use the money transferred pursuant to this subsection (6) for10 the affordable housing guided toolkit and local officials guide program11 created in section 24-32-721.5 24-32-721.7.12 SECTION 35. In Colorado Revised Statutes, 24-33-111, amend13 (2)(a)(I)(A) as follows:14 24-33-111. Conservation of native species - fund created.15 (2) Species conservation trust fund - creation. (a) (I) (A) There is16 hereby created in the state treasury the species conservation trust fund,17 which is subject to annual authorization by the general assembly to carry18 out the purposes of this section. The fund consists of all money19 transferred by the treasurer as specified in subsection (2)(a)(I)(B) of this20 section and all money appropriated to the fund pursuant to section21 39-29-109 (1)(g)(I)(A) 39-29-109.3 (1)(g)(I). All income derived from22 the deposit and investment of money in the fund is credited to the fund.23 At the end of any fiscal year, all unexpended money in the fund remains24 in the fund and shall not be credited or transferred to the general fund or25 any other fund. To the maximum extent practical, only interest from the26 fund shall be expended for activities pursuant to this section.27 1301 -20- SECTION 36. In Colorado Revised Statutes, 24-33.5-424,1 amend (3)(a) as follows:2 24-33.5-424. National instant criminal background check3 system - state point of contact - fee - grounds for denial of firearm4 transfer - appeal - rule-making - unlawful acts - instant criminal5 background check cash fund - creation. (3) (a) The bureau, acting as6 the state point of contact for implementation of 18 U.S.C. sec. 922 (t),7 shall transmit a request for a background check in connection with the8 prospective transfer of a firearm to the NICS system and may also search9 other databases. The bureau shall deny a transfer of a firearm to a10 prospective transferee if the transfer would violate 18 U.S.C. sec. 922 (g)11 or (n) or result in the violation of any provision of state law including but12 not limited to section 18-12-108 (4)(c), C.R.S., involving acts which, if13 committed by an adult, would constitute a burglary, arson, or any felony14 involving the use of force or the use of a deadly weapon.15 SECTION 37. In Colorado Revised Statutes, 24-37.5-903,16 amend (1) as follows:17 24-37.5-903. Colorado broadband office - creation -18 responsibilities - gifts, grants, or donations. (1) The Colorado19 broadband office is hereby created in the office. The Colorado broadband20 office shall exercise IS A TYPE 1 ENTITY AND EXERCISES its powers and21 perform PERFORMS its duties and functions under the office. as if the22 Colorado broadband office were transferred to the office by a type 123 transfer as defined in section 24-1-105.24 SECTION 38. In Colorado Revised Statutes, 24-72-703, amend25 (9)(b) as follows:26 24-72-703. Sealing of records - general provisions - order27 1301 -21- applicability - discovery and advisements. (9) Advisements. (b) In1 addition to, and not in lieu of, the requirement described in subsection2 (9)(a) of this section:3 (I) If a defendant is sentenced to probation following a conviction4 for an offense described in sections 24-72-706 to 24-72-708, the5 probation department, upon the termination of the defendant's probation,6 shall provide the defendant with a written advisement of his or her rights7 concerning the sealing of his or her conviction records pursuant to this8 section if he or she complies with the applicable provisions of this9 section; or10 (II) If a defendant is released on parole following a conviction for11 an offense described in sections 24-72-706 to 24-72-708, the defendant's12 parole officer, upon the termination of the defendant's parole, shall13 provide the defendant with a written advisement of his or her rights14 concerning the sealing of his or her conviction records pursuant to this15 section if he or she complies with the applicable provisions of this16 section.17 (VIII) A prosecuting attorney's access to records pursuant to this18 subsection (2) does not require a court order.19 SECTION 39. In Colorado Revised Statutes, 24-75-229, amend20 (3)(a) as follows:21 24-75-229. Affordable housing and home ownership cash fund22 - creation - allowable uses - task force - legislative declaration -23 definitions - repeal. (3) (a) The affordable housing and home ownership24 cash fund is hereby created in the state treasury. The fund consists of25 money deposited in the fund in accordance with subsection (3)(b) of this26 section and any other money that the general assembly may appropriate27 1301 -22- or transfer to the fund. To respond to the public health emergency with1 respect to COVID-19 or its negative economic impacts or for the2 provision of government services, the general assembly may appropriate3 or transfer money from the fund to a department or cash fund for4 programs or services that benefit populations, households, or geographic5 areas disproportionately affected by the COVID-19 public health6 emergency to obtain affordable housing, focusing on programs or services7 that address housing insecurity, lack of affordable and workforce housing,8 or homelessness. Money from the fund may be expended to support the9 task force created in subsection (5)(a) PURSUANT TO SUBSECTION (6)(a)10 of this section. Permissible uses of such money include costs associated11 with the creation and administration of the task force and related expenses12 for research and evaluation undertaken by the task force.13 SECTION 40. In Colorado Revised Statutes, 25-1.5-115.5,14 amend (1) introductory portion, (2), (3), and (4) as follows:15 25-1.5-115.5. Fentanyl prevention and education campaign -16 website. (1) Subject to available appropriations, beginning in the17 2022-23 state fiscal year, the department shall develop, implement, and18 maintain an ongoing statewide prevention and education campaign to19 address the fentanyl education needs in the state. In the prevention and20 education campaign, the PREVENTION SERVICES division shall provide21 information to the general public about fentanyl, its dangers,22 precautionary measures to avoid risks and prevent harm caused by23 fentanyl, resources for addiction treatment and services, and laws24 regarding fentanyl, including criminal penalties and immunity for25 reporting an overdose event pursuant to section 18-1-711. Any26 unexpended money remaining at the end of the 2022-23 state fiscal year27 1301 -23- from this appropriation:1 (2) In furtherance of the goals of the fentanyl prevention and2 education campaign, the PREVENTION SERVICES division may use3 television advertising, radio broadcasts, print media, digital strategies, or4 any other media deemed necessary and appropriate by the division to5 reach the target audiences of the campaign.6 (3) In furtherance of the goals of the fentanyl prevention and7 education campaign, the PREVENTION SERVICES division shall provide at8 least five regional training sessions during the 2022-23 state fiscal year9 for community partners to implement youth health development10 strategies.11 (4) In furtherance of the goals of the fentanyl prevention and12 education campaign, the PREVENTION SERVICES division shall develop,13 implement, and maintain a website to serve as the state resource for the14 most accurate and timely information regarding fentanyl. At a minimum,15 the website must include information concerning fentanyl, its dangers,16 precautionary measures to avoid risks and prevent harm caused by17 fentanyl, resources for addiction treatment and services, and laws18 regarding fentanyl, including criminal penalties and immunity for19 reporting an overdose event pursuant to section 18-1-711. 20 SECTION 41. In Colorado Revised Statutes, 25-7-105, amend21 (1)(e)(X.4) as follows:22 25-7-105. Duties of commission - technical secretary - rules -23 legislative declaration - definitions. (1) Except as provided in sections24 25-7-130 and 25-7-131, the commission shall promulgate rules that are25 consistent with the legislative declaration set forth in section 25-7-10226 and necessary for the proper implementation and administration of this27 1301 -24- article 7, including:1 (e) (X.4) No later than September 1, 2022, the commission shall2 propose rules establishing recovered methane protocols, as that term is3 defined in section 40-3.2-108 (2)(q) 40-3.2-108 (2)(p), for at least4 inactive coal mines, biomethane as that term is defined in section5 40-3.2-108 (2)(a), and gas system leaks, and a crediting and tracking6 system for recovered methane as that term is defined in section7 40-3.2-108 (2)(o) 40-3.2-108 (2)(n). The commission shall adopt the rules8 no later than February 1, 2023. The rule-making proceeding is subject to9 the procedural requirements of this subsection (1)(e).10 SECTION 42. In Colorado Revised Statutes, amend 25-7-125 as11 follows:12 25-7-125. Organization within department of public health13 and environment. The air quality control commission, together with the14 technical secretary under said commission, shall exercise IS A TYPE 115 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES its powers and16 perform PERFORMS its duties and functions specified in this article in17 UNDER the department of public health and environment. as if the same18 were transferred to the department by a type 1 transfer, as such transfer19 is defined in the "Administrative Organization Act of 1968", article 1 of20 title 24, C.R.S.21 SECTION 43. In Colorado Revised Statutes, 25-8-901, amend22 (1) introductory portion, (1)(b), and (5) as follows:23 25-8-901. Definitions. As used in this part 9, unless the context24 otherwise requires:25 (1) "Child care center" has the meaning set forth in section26 26-6-102 (5) 26-6-903 (5); except that "child care center" does not27 1301 -25- include:1 (b) A children's resident camp, as defined in section 26-6-102 (8)2 26.5-5-303 (5).3 (5) "Family child care home" has the meaning set forth in section4 26-6-102 (13) 26.5-5-303 (7).5 SECTION 44. In Colorado Revised Statutes, 25.5-2-104, amend6 (4) as follows:7 25.5-2-104. State-funded health and medical care. (4) State8 medical assistance must be funded by state funds only, except to the9 extent federal funds are made available through express written10 authorization through a federal waiver, state plan amendment, or11 otherwise, by the FEDERAL centers for medicare and medicaid services.12 SECTION 45. In Colorado Revised Statutes, 25.5-4-203, amend13 (1)(a) as follows:14 25.5-4-203. Advisory council established. (1) There is created15 the state medical assistance and services advisory council, referred to in16 this article 4 as the "advisory council", consisting of sixteen members, as17 follows:18 (a) The executive director of the state department and the19 executive director of the department of PUBLIC health AND ENVIRONMENT,20 the executive directors' designees, or the executive directors' successors21 in function, as ex officio members; and22 SECTION 46. In Colorado Revised Statutes, 25.5-4-301, amend23 (14)(b) as follows:24 25.5-4-301. Recoveries - overpayments - penalties - interest -25 adjustments - liens - review or audit procedures. (14) Notwithstanding26 any provision of this section to the contrary:27 1301 -26- (b) A provider enrolled in the medicaid program shall permit the1 FEDERAL centers for medicare and medicaid services or its agent or2 designated contractors and the state department or its agent to conduct3 unannounced, on-site inspections of any and all provider locations.4 Payment for any agent designated by the state department to perform5 on-site inspections shall not be based on any recoveries paid to the state6 department by a provider for violations discovered as a result of the7 on-site inspection.8 SECTION 47. In Colorado Revised Statutes, 25.5-4-401.2,9 amend (3) introductory portion as follows:10 25.5-4-401.2. Performance-based payments - reporting -11 repeal. (3) On or before November 1, 2017, and on or before November12 1 each year thereafter, the state department shall submit a report to the13 joint budget committee, the public health care and human services14 committee of the house of representatives, and the health and human15 services committee of the senate, or any successor committees, describing16 rules adopted by the state board and contract provisions approved by the17 FEDERAL centers for medicare and medicaid services in the preceding18 calendar year that authorize payments to providers based on performance.19 Notwithstanding the provisions of section 24-1-136 (11)(a)(I), the report20 required pursuant to this subsection (3) continues indefinitely. The report21 must include, at a minimum:22 SECTION 48. In Colorado Revised Statutes, 25.5-4-402, amend23 (3)(a) as follows:24 25.5-4-402. Providers - hospital reimbursement - hospital25 review program - rules. (3) (a) In addition to the reimbursement rate26 process described in subsection (1) of this section and subject to adequate27 1301 -27- funding being made available pursuant to section 25.5-4-402.4, the1 Colorado healthcare affordability and sustainability enterprise created in2 section 25.5-4-402.4 (3) shall pay an additional amount based upon3 performance to those hospitals that provide services that improve4 health-care outcomes for their patients. The state department shall5 determine this amount based upon nationally recognized performance6 measures established in rules adopted by the state board. The state quality7 standards must be consistent with federal quality standards published by8 an organization with expertise in health-care quality, including but not9 limited to, the FEDERAL centers for medicare and medicaid services, the10 agency for healthcare research and quality, or the national quality forum.11 SECTION 49. In Colorado Revised Statutes, 25.5-4-505, amend12 (1) as follows:13 25.5-4-505. Federal authorization related to persons involved14 in the criminal justice system - assessment - report - repeal. (1) The15 state department shall evaluate and determine whether the state should16 seek additional federal authority to provide screening, brief intervention,17 and care coordination services through the medical assistance program to18 persons immediately prior to release from jail or a department of19 corrections facility and to improve processes for determining and20 redetermining individuals for medical assistance eligibility in order to21 improve continuity and access to health-care services. If the state22 department determines that securing additional federal authority will23 ensure improved access to care and continuity of care for individuals24 involved in the criminal justice system, the state department shall, subject25 to available resources, seek approval from the FEDERAL centers for26 medicare and medicaid services for any additional federal authority. If the27 1301 -28- state department seeks approval, it shall notify the members of the house1 of representatives public and behavioral health and human services2 committee and the senate health and human services committee, or their3 successor committees, and the members of the joint budget committee of4 the general assembly. If the state department receives federal approval,5 the state department, subject to available resources, shall provide the6 benefits described in this subsection (1).7 SECTION 50. In Colorado Revised Statutes, 25.5-5-308, amend8 (2)(a)(I)(B), (4)(b)(II)(B), and (5)(b) as follows:9 25.5-5-308. Breast and cervical cancer prevention and10 treatment program - creation - legislative declaration - definitions -11 funds - repeal. (2) As used in this section, unless the context otherwise12 requires:13 (a) "Eligible person" means a person who:14 (I) (B) Has been screened for breast or cervical cancer by any15 provider, within the provider's scope of practice, who does not receive16 funds through the FEDERAL centers for disease control and prevention's17 national breast and cervical cancer early detection program but whose18 screening activities are recognized by the department of public health and19 environment as part of screening activities under the centers for disease20 control and prevention's national breast and cervical cancer early21 detection program;22 (4) (b) Benefits for medical assistance to an eligible person shall23 also be available for the following period of presumptive eligibility:24 (II) Such period of presumptive eligibility shall end with the25 earlier of:26 (B) If the eligible person does not file a simplified application for27 1301 -29- medical assistance developed by the state department and approved by the1 FEDERAL centers for medicare and medicaid services on or before the last2 day of the month following the month during which the eligible person3 was found to be qualified for services under this section, then benefits4 shall end on such last day.5 (5) The state department shall have the following powers and6 duties:7 (b) To amend the state's medical assistance plan to incorporate the8 breast and cervical cancer prevention and treatment program. The state9 department shall submit such proposed amendment to the FEDERAL10 centers for medicare and medicaid services regional office for approval.11 SECTION 51. In Colorado Revised Statutes, 25.5-5-323, amend12 (3)(d) introductory portion as follows:13 25.5-5-323. Complex rehabilitation technology - no prior14 authorization - metrics - report - rules - legislative declaration -15 definitions. (3) The state department shall provide a separate recognition16 within the state's medicaid program established under articles 4, 5, and 617 of this title for complex rehabilitation technology and shall make other18 required changes to protect client access to appropriate products and19 services. Such separate recognition must take into consideration the20 customized nature of complex rehabilitation technology and the broad21 range of related services necessary to meet the unique medical and22 functional needs of clients and include the following:23 (d) Continuing pricing policies for complex rehabilitation24 technology, unless specifically prohibited by the FEDERAL centers for25 medicare and medicaid services, including the following:26 SECTION 52. In Colorado Revised Statutes, 25.5-6-409.3,27 1301 -30- amend (2) and (4) as follows:1 25.5-6-409.3. Consolidated waiver - intellectual and2 developmental disabilities - conflict-free case management -3 legislative declaration - repeal. (2) The state department shall establish4 a redesigned medicaid waiver for home- and community-based services5 for adults with intellectual and developmental disabilities, effective July6 1, 2016, or as soon as the FEDERAL centers for medicare and medicaid7 services approves the redesigned waiver.8 (4) The state department shall notify the joint budget committee9 no later than June 1, 2016, if the FEDERAL centers for medicare and10 medicaid services has not approved a single consolidated medicaid11 waiver for home- and community-based services for adults with12 intellectual and developmental disabilities. If the state department has not13 received approval from the FEDERAL centers for medicare and medicaid14 services by July 1, 2016, the joint budget committee shall establish a15 notification and review process relating to the status of the pending16 waiver consolidation process.17 SECTION 53. In Colorado Revised Statutes, 26-5-102, amend18 (3)(b) introductory portion as follows:19 26-5-102. Provision of child welfare services - system reform20 goals - out-of-home placements for children and youth with21 intellectual and developmental disabilities - reporting - rules -22 definition. (3) (b) The state department shall promulgate rules23 concerning the placement of children or youth in the program. The rules24 must include, but need not be limited to, quality assurance monitoring,25 admissions, discharge planning, appropriate length of stay, and an appeals26 process for children or youth who are determined to be ineligible for the27 1301 -31- program or who are being removed from the program before meeting1 discharge criteria, as defined by the child's or youth's treatment plan, and2 without the consent of a parent, legal guardian, or county department. The3 rules regarding the appeals process must include access to the4 interdisciplinary appeals review panel, referenced in section 26-6-106 (3)5 26.5-5-314 (5). For an appeal pursuant to this subsection (3)(b), the panel6 shall include the members appointed pursuant to section 26-6-106 (3) 7 26.5-5-314 (5) and, at a minimum:8 SECTION 54. In Colorado Revised Statutes, 26-6-905, amend9 (10) as follows:10 26-6-905. Licenses - out-of-state notices and consent -11 demonstration pilot program - definition - rules. (10) The state12 department shall not issue a license to operate a residential or day13 treatment child care facility, foster care home, or child placement agency14 if the person applying for the license or an affiliate of the applicant, a15 person employed by the applicant, or a person who resides with the16 applicant at the facility has been determined to be insane or mentally17 incompetent by a court of competent jurisdiction and, if the court enters,18 pursuant to part 3 or part 4 of article 14 of title 15, or section 27-65-109 19 (4) 27-65-110 (4) or 27-65-127, an order specifically finding that the20 mental incompetency or insanity is of such a degree that the applicant is21 incapable of operating a residential or day treatment child care facility,22 foster care home, or child placement agency, the record of such23 determination and entry of such order being conclusive evidence thereof.24 SECTION 55. In Colorado Revised Statutes, 26-6-914, amend25 (2)(c) and (6)(a)(I)(C) as follows:26 26-6-914. Denial of license - suspension - revocation -27 1301 -32- probation - refusal to renew license - fines - definitions. (2) The1 department may deny an application, or suspend, revoke, or make2 probationary the license, of any facility or agency regulated and licensed3 pursuant to this part 9 or assess a fine against the licensee pursuant to4 section 26-6-921 if the licensee, an affiliate of the licensee, a person5 employed by the licensee, or a person who resides with the licensee at the6 facility or agency:7 (c) Is determined to be insane or mentally incompetent by a court8 of competent jurisdiction and, a court has entered, pursuant to part 3 or9 part 4 of article 14 of title 15, or section 27-65-109 (4) 27-65-110 (4) or10 27-65-127, an order specifically finding that the mental incompetency or11 insanity is of such a degree that the licensee is incapable of operating a12 facility or agency, the record of such determination and entry of such13 order being conclusive evidence thereof; or14 (6) (a) (I) The state department shall deny an application for a15 license under the circumstances described in section 26-6-905 (8). The16 state department shall revoke or suspend a license previously issued if:17 (C) The licensee, an affiliate of the licensee, a person employed18 by the licensee, or a person who resides with the licensee at the facility or19 agency has been determined to be insane or mentally incompetent by a20 court of competent jurisdiction and a court has entered, pursuant to part21 3 or part 4 of article 14 of title 15, or section 27-65-109 (4) 27-65-110 (4)22 or 27-65-127, an order specifically finding that the mental incompetency23 or insanity is of such a degree that the licensee is incapable of operating24 a facility or agency, the record of such determination and entry of such25 order being conclusive evidence thereof.26 SECTION 56. In Colorado Revised Statutes, 26-6.8-102, amend27 1301 -33- (2)(d)(I) as follows:1 26-6.8-102. Tony Grampsas youth services program - creation2 - standards - applications. (2) (d) (I) The youth services program fund3 is created in the state treasury. The principal of the fund consists of4 tobacco litigation settlement money transferred by the state treasurer to5 the fund pursuant to section 24-75-1104.5 (1.7)(e). Subject to annual6 appropriation by the general assembly, the state department may expend7 money from the fund for the Tony Grampsas youth services program,8 including the compensation of youth members of the Tony Grampsas9 youth services board, as described in section 26-6.8-103 (1)(e)(II). All10 unexpended and unencumbered money appropriated to the fund at the end11 of a fiscal year remains available for expenditure by the state department12 for the Tony Grampsas youth services program in the following fiscal13 year without further appropriation and must not be transferred or revert14 to the general fund state at the end of a fiscal year.15 SECTION 57. In Colorado Revised Statutes, 26-7.5-104.5,16 amend (2) and (3) introductory portion as follows:17 26-7.5-104.5. Domestic violence and sexual assault coalitions18 - contracts - duties - coalition agreements with programs. (2) A19 coalition that enters into a contract or agreement with the STATE20 department shall, at a minimum, provide training and technical assistance21 for domestic violence, sexual assault, or culturally specific programs and22 other nongovernmental and governmental service providers.23 (3) A coalition that enters into a contract or agreement with the24 STATE department may:25 SECTION 58. In Colorado Revised Statutes, 26.5-4-104, amend26 (2)(a) as follows:27 1301 -34- 26.5-4-104. Colorado child care assistance program -1 department authority - cooperation with federal government -2 acceptance and administration of money. (2) (a) The department may3 accept on behalf of the state of Colorado the provisions and benefits of4 acts of congress designed to provide money or other property for the5 Colorado child care assistance program, which money or other property6 is designated for purposes within the function of the department, and may7 accept on behalf of the state any offers that have been or may from time8 to time be made of money or other property by any persons, agencies, or9 entities for the Colorado child care assistance program, which money or10 other property is designated for purposes within the function of the state11 department; except that, unless otherwise expressly provided by law, the12 department shall not accept said money or other property unless the13 department has recommended acceptance to and received the written14 approval of the governor and the attorney general. Approval of the15 governor and the attorney general authorizes the acceptance of the money16 or property in accordance with the restrictions and conditions and for the17 purposes for which the money or property is intended.18 SECTION 59. In Colorado Revised Statutes, 26.5-4-112, amend19 (2) as follows:20 26.5-4-112. Exemptions - requirements. (2) As a prerequisite21 to entering into a valid CCCAP contract with a county office or to being22 a party to any other payment agreement for the provision of care for a23 child whose care is funded in whole or in part with money received on the24 child's behalf from publicly funded state child care assistance programs,25 an exempt family child care home provider shall sign an attestation that26 affirms the provider, and any qualified adult residing in the exempt family27 1301 -35- child care home, has not been determined to be insane or mentally1 incompetent by a court of competent jurisdiction and a court has not2 entered, pursuant to part 3 or 4 of article 14 of title 15, or section3 27-65-109 (4) 27-65-110 (4) or 27-65-127, an order specifically finding4 that the mental incompetency or insanity is of such a degree that the5 provider cannot safely operate an exempt family child care home.6 SECTION 60. In Colorado Revised Statutes, 26.5-4-119, amend7 (2) and (3) as follows:8 26.5-4-119. State income tax refund offset - rules. (2) As a9 condition of certifying an overpayment to the department of revenue as10 provided in subsection (1) of this section, the department shall ensure that11 the obligated person has been afforded the opportunity for a conference12 at the county department level and the opportunity for an appeal to the13 department pursuant to section 26.5-4-108. In addition, the department,14 prior to final certification of the information specified in subsection (1)15 of this section to the department of revenue, shall notify the obligated16 person, in writing, at the person's last known address, that the state17 intends to refer the person's name to the department of revenue in an18 attempt to offset the obligation against the person's state income tax19 refund. The notification must inform the obligated person of the20 opportunity for a conference with the county department and of the21 opportunity for an appeal to the state department pursuant to section22 26.5-4-108. In addition, the notice must specify issues that the obligated23 person may raise at an evidentiary conference or on appeal, as provided24 by this subsection (2), in objecting to the offset and must specify that the25 obligated person may not object to the fact that an overpayment occurred.26 If the obligated person desires an evidentiary conference or appeal as27 1301 -36- provided in this subsection (2), the person must request the conference or1 appeal within thirty days after the date on which the notice was mailed.2 (3) Upon receiving notice from the department of revenue of3 amounts deposited with the state treasurer pursuant to section 39-21-108,4 the state department shall disburse the amounts to the appropriate county5 to process for distribution to the state or local agency to whom the person6 is obligated.7 SECTION 61. In Colorado Revised Statutes, 26.5-4-208, amend8 (1)(d) and (1)(e) as follows:9 26.5-4-208. Preschool provider funding - per-child rates - local10 contribution - distribution and use of money - definitions - repeal.11 (1) (d) In addition to distributing funding based on the per-child rates12 established pursuant to subsection (1)(a) of this section, the department13 may by rule distribute funding to achieve a specified purpose, which may14 include funding for administrative units to provide special education15 services through the preschool program and funding for measures related16 to recruiting, training, and retaining preschool educators. The department17 may choose to distribute funding pursuant to this subsection (1)(d) only18 after the department allocates the amounts necessary to fund preschool19 services for eligible children who are three years of age or younger, up to20 the amounts described in subsection (2)(c) SUBSECTION (3)(c) of this21 section, and to fully fund universal preschool services for all eligible22 children who enroll.23 (e) In establishing the formulas and other distribution amounts,24 the department shall consult with the rules advisory council, the early25 childhood leadership commission, and members of the early childhood26 community, including parents of preschool-age children, preschool27 1301 -37- educators, preschool providers, early childhood councils, school districts,1 charter schools, representatives of county departments of human services2 and OR social services, local coordinating organizations, and individuals3 with financial expertise in public and private funding sources for early4 childhood services.5 SECTION 62. In Colorado Revised Statutes, 26.5-5-303, amend6 (17)(a) as follows:7 26.5-5-303. Definitions - repeal. As used in this part 3, unless the8 context otherwise requires:9 (17) (a) "Neighborhood youth organization" means a nonprofit10 organization that provides programs and services, as described in section11 26-6-103.7 SECTION 26.5-5-308, to children, youth, and families through12 comprehensive wraparound supports to ensure positive growth and13 development during childhood and adolescence, and is designed to serve14 youth as young as five years of age who are enrolled in kindergarten and15 as old as eighteen years of age.16 SECTION 63. In Colorado Revised Statutes, 26.5-5-309, amend17 (5) as follows:18 26.5-5-309. Licenses - definition - rules. (5) The department19 shall not issue a license to operate an agency or facility defined in this20 part 3 if the person applying for the license or an affiliate of the applicant,21 a person employed by the applicant, or a person who resides with the22 applicant at the facility, has been determined to be insane or mentally23 incompetent by a court of competent jurisdiction and a court has entered,24 pursuant to part 3 or part 4 of article 14 of title 15 or section 27-65-10925 (4) 27-65-110 (4) or 27-65-127, an order specifically finding that the26 mental incompetency or insanity is of such a degree that the applicant is27 1301 -38- incapable of operating a family child care home or child care center. The1 record of the determination and entry of the order are conclusive evidence2 of the determination.3 SECTION 64. In Colorado Revised Statutes, 26.5-5-317, amend4 (2)(c) as follows:5 26.5-5-317. Denial of license - suspension - revocation -6 probation - refusal to renew license - fines. (2) The department may7 deny an application, or suspend, revoke, or make probationary the license8 of any facility regulated and licensed under this part 3 or assess a fine9 against the licensee pursuant to section 26.5-5-323 if the licensee, an10 affiliate of the licensee, a person employed by the licensee, or a person11 who resides with the licensee at the facility:12 (c) Is determined to be insane or mentally incompetent by a court13 of competent jurisdiction and, if a court enters, pursuant to part 3 or part14 4 of article 14 of title 15, or section 27-65-109 (4) 27-65-110 (4) or15 27-65-127, an order specifically finding that the mental incompetency or16 insanity is of such a degree that the licensee is incapable of operating a17 family child care home or child care center, the record of such18 determination and entry of such order being conclusive evidence thereof;19 or20 SECTION 65. In Colorado Revised Statutes, 26.5-5-326, amend21 (1)(c), (4)(b), and (6) as follows:22 26.5-5-326. Exempt family child care home providers -23 fingerprint-based criminal history record check - child care24 assistance program money - temporary care - rules - definitions.25 (1) (c) A qualified provider or qualified adult who undergoes an FCC26 shall, with submittal of fingerprints, pay to the state department a fee27 1301 -39- established by department rule pursuant to subsection (6) of this section1 to offset the costs associated with processing the FCC through the2 Colorado bureau of investigation and the federal bureau of investigation. 3 (4) The department or a county department shall not issue or4 renew a contract to provide money pursuant to the Colorado child care5 assistance program pursuant to part 1 of article 4 of this title 26.5 to a6 qualified provider if the qualified provider or a qualified adult:7 (b) Has been determined to be insane or mentally incompetent by8 a court of competent jurisdiction and a court has entered, pursuant to part9 3 or 4 of article 14 of title 15, or section 27-65-109 (4) 27-65-110 (4) or10 27-65-127, an order specifically finding that the mental incompetency or11 insanity is of such a degree that the qualified provider cannot safely12 operate a child care home. The record of the determination and entry of13 the order are conclusive evidence thereof. A qualified provider shall sign14 an attestation affirming the lack of such a finding prior to entering into or15 renewing a contract for money under the Colorado child care assistance16 program, pursuant to section 26.5-4-112 (2).17 (6) The executive director shall promulgate rules to establish the18 amount of the fee to collect from a qualified provider or qualified adult19 who is subject to an FCC pursuant to subsection (1) of this section or a20 name-based judicial record check pursuant to subsection (2) of this21 section. The state department is authorized to collect the fee at the time22 of the FCC or name-based judicial record check.23 SECTION 66. In Colorado Revised Statutes, 26.5-5-329, amend24 (1) as follows:25 26.5-5-329. Testing for the presence of lead in drinking water26 in child care centers and family child care homes - compliance with27 1301 -40- public health requirements - repeal. (1) Each child care center and,1 unless it has opted out pursuant to section 25-8-903 (1)(a) 25-8-903 (9),2 each family child care home shall comply with the requirements of part3 9 of article 8 of title 25 concerning testing of water in child care centers,4 family child care homes, and eligible schools.5 SECTION 67. In Colorado Revised Statutes, 27-60-104, amend6 (1) and (3.5) as follows:7 27-60-104. Behavioral health crisis response system - crisis8 service facilities - walk-in centers - mobile response units - report.9 (1) All behavioral health entities, crisis walk-in centers, acute treatment10 units, mobile crisis programs, respite services, and crisis stabilization11 units within the crisis response system, regardless of program licensure,12 shall meet standards for approval pursuant to section 27-66-105.13 Facility-based crisis service providers must be approved or designated to14 adequately care for an individual brought to the facility through the15 emergency mental health procedure described in section 27-65-10516 27-65-106 and be an approved treatment facility pursuant to section17 27-81-106. The arrangements for care must be completed through the18 crisis response system or prearranged partnerships with other crisis19 intervention services.20 (3.5) Mobile crisis programs and crisis walk-in centers shall21 provide crisis response screening services to any individual seeking such22 services, including youth of any age and an individual with a disability,23 as defined in the federal "Americans with Disabilities Act of 1990", 4224 U.S.C. sec. 12101 et seq., as amended, regardless of primary diagnosis,25 co-occurring conditions, or if the individual requires assistance with26 activities of daily living, as defined in section 12-270-104. All additional27 1301 -41- or corresponding behavioral health services beyond the crisis response1 screening must be provided in accordance with all applicable state laws,2 including, but not limited to, sections 12-245-203.5, 13-22-102, and3 27-65-103, AND 27-65-104.4 SECTION 68. In Colorado Revised Statutes, 27-60-301, amend5 (3) as follows:6 27-60-301. Definitions. As used in this part 3, unless the context7 otherwise requires:8 (3) "Behavioral health provider" means a recovery community9 organization as defined in section 27-80-126, a recovery support services10 organization as defined in section 27-60-108, or a licensed organization11 or professional that provides diagnostic, therapeutic, or psychological12 services for behavioral health conditions. Behavioral health providers13 include a residential child care facility, as defined in section 26-6-102 14 26-6-903 (29), and a federally qualified health center as defined in the15 federal "Social Security Act", 42 U.S.C. sec. 1395x (aa)(4).16 SECTION 69. In Colorado Revised Statutes, 27-60-403, amend17 (2)(a) introductory portion, (2)(b) and (2)(c) as follows:18 27-60-403. Grant program application - criteria - award -19 rules. (2) (a) There is created in the BHA an early intervention,20 deflection, and redirection from the criminal justice system grant review21 committee to review grant applications and make recommendations to the22 BHA and department of public safety. The commissioner of the BHA23 shall ensure that the composition of the REVIEW committee is racially,24 ethnically, and geographically diverse and representative of communities25 most impacted by the criminal justice system. The REVIEW committee26 consists of the following members:27 1301 -42- (b) Members of the REVIEW committee serve without1 compensation and without reimbursement for expenses. Members of the2 review committee shall disclose any conflicts of interest, including3 whether the member represents an organization that may seek a grant4 from the grant program.5 (c) The REVIEW committee shall review applications for grants6 submitted pursuant to this section and make recommendations to the7 BHA and department of public safety about which applicants should8 receive grants and the amount of each grant.9 SECTION 70. In Colorado Revised Statutes, 27-64-103, amend10 (1) as follows:11 27-64-103. 988 crisis hotline enterprise - creation - powers and12 duties. (1) There is created in the behavioral health administration the13 988 crisis hotline enterprise. The enterprise is and operates as a14 government-owned business within the BHA for the business purpose of15 imposing charges pursuant to subsections (4)(a) and (4)(b) of this section,16 and utilizing the charges' revenue to fund the 988 crisis hotline and17 provide crisis outreach, stabilization, and acute care to individuals calling18 the 988 crisis hotline. The enterprise IS A TYPE 1 ENTITY, AS DEFINED IN19 SECTION 24-1-105, AND exercises its power and performs its duties as if 20 the same were transferred by a type 1 transfer, as defined in section21 24-1-105, to AND FUNCTIONS UNDER the BHA.22 SECTION 71. In Colorado Revised Statutes, 30-20-602, amend23 (4.3)(b) as follows:24 30-20-602. Definitions. As used in this part 6, unless the context25 otherwise requires:26 (4.3) "Qualified community location" means:27 1301 -43- (b) If the affected local electric utility is an investor-owned utility,1 a community solar garden, as that term is defined in section 40-2-127 (2),2 or a community geothermal garden, as that term is defined in section3 42-2-127.5 (2) 40-2-127.5 (2).4 SECTION 72. In Colorado Revised Statutes, 30-20-603, amend5 (1)(a) as follows:6 30-20-603. Improvements and funding authorized - how7 instituted - conditions - definitions. (1) (a) A district may be formed in8 accordance with the requirements of this part 6 for the purpose of9 constructing, installing, acquiring, or funding, in whole or in part, any10 public improvement, so long as the county that forms the district is11 authorized to provide such improvement or provide for such funding12 under the county's home rule charter, if any, or the laws of this state.13 Public improvements or the funding thereof shall not include any facility14 identified in section 30-20-101 (8) or (9). No such district shall provide15 the same improvement as an existing special district within the territory16 of such existing special district unless the existing special district17 consents. The improvements authorized by this part 6 may consist,18 without limitation, of constructing, grading, paving, pouring, curbing,19 guttering, lining, or otherwise improving the whole or any part of any20 street or providing street lighting, drainage facilities, or service21 improvements, in the unincorporated area of a county or wholly or partly22 within the boundaries of any municipality within the county if such23 municipality consents by ordinance to such improvements. If24 improvements within a municipality are so included in a county25 improvement district by municipal consent, the county shall have full26 authority to construct or acquire such improvements, to assess property27 1301 -44- within such municipality benefited by such improvements, and to enforce1 and collect such assessments, in the manner provided in this part 6. The2 improvements authorized by this part 6 may include, without limitation,3 the construction of sidewalks adjacent to any such streets or maintenance4 roads adjacent to any such drainage facilities. Prior to the establishment5 of any improvement district for the purpose of providing street lighting,6 arrangements, by contract or otherwise, must be established under which7 the owners of property included within such district shall be responsible8 for the maintenance and operation of such street lighting improvement.9 The costs of maintenance and operation of such street lighting10 improvements shall not be paid from the county general fund. Drainage11 facilities shall not be provided in any area which is within an existing12 drainage district organized or created pursuant to law without the13 approval of such district. The term "service" as used in this paragraph (a)14 includes the services provided by a public utility as defined in section15 40-1-103, C.R.S., as well as advanced service as defined in section16 29-27-102 (1), C.R.S., cable television service as defined in section17 29-27-102 (2), C.R.S., telecommunications service as defined in section18 40-15-102 (29), C.R.S., geothermal heat suppliers as defined in section19 40-40-103, C.R.S., and information service as defined in 47 U.S.C. sec.20 153 (20) 47 U.S.C. SEC. 153 (24), or any successor section.21 SECTION 73. In Colorado Revised Statutes, 31-25-501, amend22 (3.5)(b) as follows:23 31-25-501. Definitions. As used in this part 5, unless the context24 otherwise requires:25 (3.5) "Qualified community location" means:26 (b) If the affected local electric utility is an investor-owned utility,27 1301 -45- a community solar garden as that term is defined in section 40-2-127 (2),1 or a community geothermal garden as that term is defined in section2 42-2-127.5 (2) 40-2-127.5 (2).3 SECTION 74. In Colorado Revised Statutes, 31-31-1104, amend4 (5) as follows:5 31-31-1104. Merger into the statewide retirement plan.6 (5) The merger is intended to be consistent with the requirements under7 section 414(h) of the internal revenue code 414 (l) OF THE FEDERAL8 "I NTERNAL REVENUE CODE OF 1986", AS AMENDED, and shall not be9 considered a plan termination and shall not result in a distributable event.10 SECTION 75. In Colorado Revised Statutes, 31-31.5-101,11 amend (5)(f) as follows:12 31-31.5-101. Establishment of the statewide retirement plan13 - definitions. (5) As used in this article 31.5, unless the context otherwise14 requires:15 (f) "Member" means an active employee who is a full-time16 salaried employee of a municipality, fire protection district, fire authority,17 or county improvement district normally serving at least one thousand six18 hundred hours in any calendar year and whose duties are directly involved19 with the provision of police or fire protection, as certified by the20 member's employer. "Member" also includes an active employee who21 works less than sixteen hundred hours per year but otherwise qualifies as22 a member and whose employer elects to treat all such other similar23 employees as members. The term does not include clerical or other24 personnel whose services are auxiliary to police protection, or any25 volunteer firefighter, as such term is defined in section 31-30-1102 (9).26 For the purpose of participation in the statewide defined benefit plan27 1301 -46- pursuant to part 4 of this article 31 OF THIS TITLE 31, or the statewide1 money purchase plan pursuant to part 5 of this article 31.5 ARTICLE 31 OF2 THIS TITLE 31, but not for the purpose of participation in the statewide3 death and disability plan pursuant to part 8 of this article 31.5 ARTICLE 314 OF THIS TITLE 31, the term may include clerical or other personnel5 employed by a fire protection district, fire authority, or county6 improvement district, whose services are auxiliary to fire protection. For7 the purpose of eligibility for disability or survivor benefits, "member"8 includes any employee on an authorized leave of absence.9 SECTION 76. In Colorado Revised Statutes, 31-31.5-203,10 amend (3) as follows:11 31-31.5-203. Department chief - exemption by written12 agreement - definition. (3) A department chief exempted pursuant to13 subsection (1) of this section may maintain coverage for disability and14 survivor benefits under part 8 of this article ARTICLE 31 OF THIS TITLE 3115 if the department chief participates in the statewide money purchase plan,16 the statewide retirement plan, or a local money purchase plan that is17 qualified under section 401 (a) of the federal "Internal Revenue Code of18 1986" and that has a contribution rate of not less than eighteen percent.19 SECTION 77. In Colorado Revised Statutes, 31-31.5-402,20 amend (4) introductory portion as follows:21 31-31.5-402. Plan funding, actuarial valuation and22 adjustments to maintain the actuarial soundness of the plan. (4) If in23 any year the board determines pursuant to subsection (2) of this section24 that the cost of the benefits described in part 5 THIS PART 4 may not be25 fully funded on an actuarially sound basis, the board, in its discretion,26 may take the following actions singularly or in any combination and in27 1301 -47- any order:1 SECTION 78. In Colorado Revised Statutes, 31-31.5-406,2 amend (2) as follows:3 31-31.5-406. Optional survivor benefits. (2) If a member4 reaches age eligibility for a normal, vested, or early retirement pension,5 and dies before making an election allowed pursuant to subsection (1) of6 this section or before the first pension payment has been deposited, and7 is survived by a spouse, dependent child, or designated beneficiary, the8 member shall be considered to have elected an actuarially reduced9 pension and retired on the day before the member's death. Payable to the10 members spouse, dependent child, or designated beneficiary, such11 reduced pension shall be payable to the member's designated beneficiary.12 A spouse, dependent child, or designated beneficiary of a member who13 has not yet reached age eligibility may elect to receive an actuarially14 reduced benefit beginning on the date that the member would have15 reached age eligibility in lieu of a death benefit under part 8 of article 3116 OF THIS TITLE 31 and in lieu of a refund of member contributions pursuant17 to section 31-31.5-411.18 SECTION 79. In Colorado Revised Statutes, 32-9-119, amend19 (1)(t) as follows:20 32-9-119. Additional powers of district. (1) In addition to any21 other powers granted to the district in this article, the district has the22 following powers:23 (t) To have the management, control, and supervision of all24 business and affairs relating to any mass transportation facility authorized25 in this article, subject to the provisions of section 32-9-119.5 for the26 operation of the district's bus operations, or otherwise concerning the27 1301 -48- district, and of the acquisition, improvement, equipment, operation,1 maintenance, and disposal of any property relating to any such mass2 transportation facility; except that the oversight of operations and3 facilities for safety purposes as required by 49 CFR 659, "Rail Fixed4 Guideway Systems; State Safety Oversight" 49 CFR 674, ENTITLED5 "S TATE SAFETY OVERSIGHT", and article 18 of title 40, C.R.S., shall be6 subject to the jurisdiction of the public utilities commission of the state7 of Colorado;8 SECTION 80. In Colorado Revised Statutes, 33-10.5-108, repeal9 (3) as follows:10 33-10.5-108. Division of parks and wildlife aquatic nuisance11 species fund - creation. (3) Notwithstanding subsection (1) of this12 section, on April 30, 2021, the state treasurer shall transfer one million six13 hundred thousand nine hundred sixty-four dollars from the fund to the14 severance tax operational fund created in section 39-29-109 (2)(b)(I).15 SECTION 81. In Colorado Revised Statutes, amend 34-25-10116 as follows:17 34-25-101. Jurisdiction of the courts. County courts in their18 respective counties have original jurisdiction in prosecution for the19 violation of section 34-24-103 (1). In all trials in the county courts, the20 defendants shall be entitled to a trial by jury as in other misdemeanor21 cases. District courts in their respective districts have original jurisdiction22 upon information or indictment in all prosecutions for violations of this23 title.24 SECTION 82. In Colorado Revised Statutes, 34-60-132, amend25 (5)(b) as follows:26 34-60-132. Disclosure of chemicals used in downhole oil and27 1301 -49- gas operations - chemical disclosure lists - community notification -1 reports - definitions - rules - repeal. (5) Chemical disclosure lists.2 (b) (I) The commission shall include in the chemical disclosure list an3 alphabetical list of the names and Chemical Abstracts Service registry4 numbers of each chemical used in downhole operations at the well site.5 (II) Notwithstanding any law to the contrary, the commission shall6 include the names and Chemical Abstracts Service registry numbers of all7 chemicals used in downhole operations in the chemical disclosure list and8 shall not protect the names or Chemical Abstracts Service registry9 numbers of any chemical as a trade secret or proprietary information. Any10 formulas and processes continue to have trade secret protections.11 SECTION 83. In Colorado Revised Statutes, 38-12-102, amend12 (4) as follows:13 38-12-102. Definitions. As used in this part 1, unless the context14 otherwise requires:15 (4) "Normal wear and tear" means deterioration that occurs, based16 upon the use for which a rental unit or mobile home space, as defined in17 section 38-12-201.5 (7) 38-12-201.5 (6.5), is intended, without18 negligence, carelessness, accident, or abuse of the premises or equipment19 or chattels by the tenant or home owner or members of the tenant's or20 home owner's household, or their invitees or guests.21 SECTION 84. In Colorado Revised Statutes, 38-12-201.5,22 amend (6.5) and (7) as follows:23 38-12-201.5. Definitions. As used in this part 2 and in part 11 of24 this article 12, unless the context otherwise requires:25 (6.5) "Mobile home subdivision" or "manufactured home26 subdivision" means any parcel of land that is divided into two or more27 1301 -50- parcels, separate interests, or interests in common, where each parcel or1 interest is owned by an individual or entity who owns both a mobile home2 and the land underneath the mobile home; except that a parcel is not a3 "mobile home subdivision" or "manufactured home subdivision" when4 the same owner owns a parcel or subdivided parcels or interests that are5 collectively used for the continuous accommodation of five or more6 occupied mobile homes and operated for the pecuniary benefit of the7 landowner or their agents, lessees, or assignees. "MOBILE HOME SPACE",8 " SPACE", "MOBILE HOME LOT", OR "LOT" MEANS A PARCEL OF LAND WITHIN9 A MOBILE HOME PARK DESIGNATED BY THE MANAGEMENT TO10 ACCOMMODATE ONE MOBILE HOME AND ITS ACCESSORY BUILDINGS AND11 TO WHICH THE REQUIRED SEWER AND UTILITY CONNECTIONS ARE12 PROVIDED BY THE PARK.13 (7) "Mobile home space", "space", "mobile home lot", or "lot" 14 means a parcel of land within a mobile home park designated by the15 management to accommodate one mobile home and its accessory16 buildings and to which the required sewer and utility connections are17 provided by the park. "MOBILE HOME SUBDIVISION" OR "MANUFACTURED18 HOME SUBDIVISION" MEANS ANY PARCEL OF LAND THAT IS DIVIDED INTO19 TWO OR MORE PARCELS, SEPARATE INTERESTS, OR INTERESTS IN COMMON,20 WHERE EACH PARCEL OR INTEREST IS OWNED BY AN INDIVIDUAL OR ENTITY21 WHO OWNS BOTH A MOBILE HOME AND THE LAND UNDERNEATH THE22 MOBILE HOME; EXCEPT THAT A PARCEL IS NOT A "MOBILE HOME23 SUBDIVISION" OR "MANUFACTURED HOME SUBDIVISION " WHEN THE SAME24 OWNER OWNS A PARCEL OR SUBDIVIDED PARCELS OR INTERESTS THAT ARE25 COLLECTIVELY USED FOR THE CONTINUOUS ACCOMMODATION OF FIVE OR26 MORE OCCUPIED MOBILE HOMES AND OPERATED FOR THE PECUNIARY27 1301 -51- BENEFIT OF THE LANDOWNER OR THEIR AGENTS , LESSEES, OR ASSIGNEES.1 SECTION 85. In Colorado Revised Statutes, 39-9-101, amend2 (2) as follows:3 39-9-101. State board of equalization. (2) Except as otherwise4 provided in section 2-2-326, each member is entitled to receive a per diem5 allowance of fifty dollars for each day spent attending meetings or6 hearings of the state board of equalization or otherwise spent discharging7 the member's duties as a member of the board; except that a member shall8 not receive the per diem allowance provided for in this subsection (2) for9 any day for which the member receives a per diem allowance from the10 state under any other statute and except that a member shall not receive11 the per diem allowance provided for in this subsection (2) if the member12 receives a salary from the state for a full-time position with the state.13 Except as otherwise provided in section 2-2-326, each member of the14 board is entitled to receive REIMBURSEMENT FOR actual and necessary15 expenses incurred in performing the member's duties as a member of the16 board. The members appointed by the governor serve at the pleasure of17 the governor but shall not serve for more than four consecutive years18 unless reappointed by the governor and reconfirmed by the senate at the19 conclusion of the four years. Vacancies in either of the appointed20 positions on the board shall be filled by appointment by the governor with21 the consent of the senate for the unexpired term.22 SECTION 86. In Colorado Revised Statutes, 39-22-547, amend23 (2)(e) as follows:24 39-22-547. Early childhood educator income tax credit - tax25 preference performance statement - legislative declaration -26 definitions - repeal. (2) As used in this section, unless the context27 1301 -52- otherwise requires:1 (e) "Family child care home" has the same meaning as set forth in2 section 26-6-102 (13) 26.5-5-303 (7).3 SECTION 87. In Colorado Revised Statutes, 39-26-721, amend4 (1) and (2) as follows:5 39-26-721. Manufactured homes and tiny homes.6 (1) Forty-eight percent of the purchase price of a manufactured home, as7 defined in section 42-1-102 (106)(b) 42-1-102 (48.8), is exempt from8 taxation under part 1 of this article 26; except that the entire purchase9 price in any subsequent sale of such a manufactured home, after it has10 been once subject to the payment of sales tax by virtue of section11 39-26-113, is exempt from taxation under part 1 of this article 26.12 (2) The storage, use, or consumption of a manufactured home, as13 defined in section 42-1-102 (106)(b) 42-1-102 (48.8), after the14 manufactured home has been once subject to the payment of use tax by15 virtue of section 39-26-208, is exempt from taxation under part 2 of this16 article 26.17 SECTION 88. In Colorado Revised Statutes, 39-29-109, amend18 (2)(b)(III) as follows:19 39-29-109. Severance tax trust fund - created - administration20 - distribution of money - legislative declaration - repeal. (2) State21 severance tax receipts must be credited to the severance tax trust fund as22 provided in section 39-29-108. All income derived from the deposit and23 investment of the money in the fund must be credited to the fund. At the24 end of any fiscal year, all unexpended and unencumbered money in the25 fund remains in the fund and must not be credited or transferred to the26 general fund or any other fund. All money in the fund is subject to27 1301 -53- appropriation by the general assembly for the following purposes:1 (b) The severance tax operational fund. (III) The fund also2 includes amounts that were transferred to natural resources and energy3 grant programs under section 39-29-109.3 and that were transferred back4 to the fund in accordance with subsection (2)(c)(V) of this section and5 sections 24-33-111 (2)(a)(I)(C), 33-10.5-108 (3), 37-60-126 (12)(a)(V),6 and 37-75-107 (3).7 SECTION 89. In Colorado Revised Statutes, 40-18-101, amend8 (5) as follows:9 40-18-101. Definitions. As used in this article 18, unless the10 context otherwise requires:11 (5) "System safety program standard" means a safety standard12 developed by the commission in conformance with 49 CFR 659, "Rail13 Fixed Guideway Systems; State Safety Oversight" 49 CFR 674, ENTITLED14 "S TATE SAFETY OVERSIGHT".15 SECTION 90. In Colorado Revised Statutes, 40-18-103, amend16 (1)(d) and (2) as follows:17 40-18-103. Commission to promulgate rules. (1) The18 commission shall promulgate rules as are necessary to:19 (d) Require that system safety program standards comply with the20 requirements of 49 CFR 659, "Rail Fixed Guideway Systems; State 21 Safety Oversight" 49 CFR 674, ENTITLED "STATE SAFETY OVERSIGHT",22 at a minimum, and also adequately address the issue of personal security.23 (2) The commission shall promulgate rules to establish a system24 safety oversight program for rail fixed guideway systems operating within25 the state that, at a minimum, meets the requirements of 49 CFR 659, "Rail26 Fixed Guideway Systems; State Safety Oversight" 49 CFR 674, ENTITLED27 1301 -54- "STATE SAFETY OVERSIGHT".1 SECTION 91. In Colorado Revised Statutes, 43-1-127, amend2 (4)(d)(I) as follows:3 43-1-127. Registration of carpooling service internet4 applications - limitations - disclosure - definitions. (4) As used in this5 section, unless the context otherwise requires:6 (d) (I) "Metropolitan area" means a metropolitan planning area7 designated by agreement of a governor and a metropolitan planning8 organization, as those terms are defined in 49 U.S.C. sec. 5302 (8) 499 U.S.C. SEC. 5302 (9) and 49 U.S.C. sec. 5303 (b)(1) and (b)(2) of the10 "Federal Transit Act", as amended.11 SECTION 92. In Colorado Revised Statutes, 43-4-205, amend12 (5.5)(c) as follows:13 43-4-205. Allocation of fund. (5.5) The following highway users14 tax fund revenues shall be allocated and expended in accordance with the15 formula specified in subsection (5) of this section:16 (c) Revenues from driver's license fees, motor vehicle title and17 registration fees, and motorist insurance identification fees that are18 credited to the fund pursuant to sections 42-2-132 (4)(b), 42-3-304 19 (18)(d)(I), 42-2-132 (4)(b) and 42-3-306 (6) and (7), including any of20 those fees that are paid by the owner of special mobile machinery that is21 covered by a registration exempt certificate issued by the department in22 accordance with section 42-3-107 (16)(g);23 SECTION 93. In Colorado Revised Statutes, 43-4-217, amend24 (1)(e) and (1)(f) as follows:25 43-4-217. Additional funding - road usage fees - rules -26 legislative declaration - definitions. (1) The general assembly hereby27 1301 -55- finds and declares that:1 (e) Because motor fuel consumption is reasonably related to use2 of and impact on the transportation system, it is fair to fee payers,3 reasonable, and appropriate to calculate the amount of the road use USAGE4 fee based on their motor fuel consumption;5 (f) It is also fair to fee payers, reasonable, and appropriate to6 streamline fee collection by collecting the road use USAGE fee from7 distributors of motor fuels when motor fuel taxes are collected because8 the amount of the fee will be incorporated into the retail price of motor9 fuel and therefore passed on to users of the transportation system in10 precise proportion to their consumption of motor fuel and in reasonable11 relation to their use of and impact on the transportation system; and12 SECTION 94. In Colorado Revised Statutes, 43-4-1103, amend13 (2)(a)(I) introductory portion; and repeal (2)(a)(IV) as follows:14 43-4-1103. Multimodal transportation options fund - creation15 - revenue sources for fund - use of fund. (2) (a) (I) Except as otherwise16 provided in subsections (2)(a)(IV) and (2)(d) SUBSECTION (2)(d) of this17 section, subject to annual appropriation by the general assembly, money18 must be expended from the fund as follows:19 (IV) (A) On July 1, 2021, the state treasurer shall transfer twelve20 million dollars from the fund to the fund created in section 43-4-1002 for21 the purpose of providing additional funding for the Southwest Chief La22 Junta route restoration program.23 (B) On February 15, 2022, the state treasurer shall transfer two24 million five hundred thousand dollars to the fund created in section25 43-4-1002.26 SECTION 95. In Colorado Revised Statutes, 43-10-107, amend27 1301 -56- (2) as follows:1 43-10-107. Office of director of division created - transfer.2 (2) The division, the office of director thereof, and the board shall ARE3 TYPE 1 ENTITIES, AS DEFINED IN SECTION 24-1-105, AND exercise their4 powers and perform their duties and functions specified in this article5 under the department of transportation. as if the same were transferred to6 the department by a type 1 transfer, as such transfer is defined in the7 "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.8 SECTION 96. In Colorado Revised Statutes, 44-30-1201, repeal9 (5)(a)(III), (5)(d)(III), (6), (7), (8), (9), (10), (11), (12), and (13) as10 follows:11 44-30-1201. State historical fund - administration - legislative12 declaration - state museum cash fund - rules - definition.13 (5) (a) (III) Notwithstanding the findings in subsection (5)(a)(II) of this14 section, as a result of the severe losses in gaming revenues and earned15 revenues of the state historical society caused by the COVID-1916 pandemic, the general assembly finds it of critical importance to support17 the needs of the society and, consistent with the preservation purposes of18 the state historical fund, to allow a limited amount of money normally19 used for grants to be transferred to the museum and preservation20 operations account for the fiscal years commencing July 1, 2020, and July21 1, 2021, only.22 (d) (III) On or before October 1, 2008, the state treasurer shall23 transfer from the state historical fund to the state museum cash fund24 created pursuant to section 24-80-214 the sum of three million dollars. On25 or before October 1, 2009, the state treasurer shall transfer from the state26 historical fund to the state museum cash fund the sum of two million27 1301 -57- dollars. On or before October 1, 2010, the state treasurer shall transfer1 from the state historical fund to the state museum cash fund the sum of2 two million dollars.3 (6) For the fiscal year commencing July 1, 2014, the state4 treasurer shall transfer one million dollars from the state historical fund5 at the beginning of the fiscal year to the capital construction fund created6 in section 24-75-302 for historic renovation of the state house of7 representatives' chambers and the state senate's chambers.8 (7) For the fiscal year commencing July 1, 2015, the state9 treasurer shall transfer one million dollars from the preservation grant10 program account of the state historical fund at the beginning of the fiscal11 year to the capital construction fund created in section 24-75-302 for12 historic renovation of the state house of representatives' chambers and the13 state senate's chambers.14 (8) For the fiscal year commencing July 1, 2016, the state15 treasurer shall transfer one million dollars from the preservation grant16 program account of the state historical fund at the beginning of the fiscal17 year to the capital construction fund created in section 24-75-302 for18 historic renovation of the state house of representatives' chambers and the19 state senate's chambers.20 (9) For the fiscal year commencing July 1, 2017, the state21 treasurer shall transfer one million dollars from the preservation grant22 program account of the state historical fund on October 1, 2017, to the23 capital construction fund created in section 24-75-302 to restore the24 windows and granite exterior of the state capitol building.25 (10) For the fiscal year commencing July 1, 2018, the state26 treasurer shall transfer eight hundred fifty thousand dollars from the27 1301 -58- preservation grant program account of the state historical fund on October1 1, 2018, to the legislative department cash fund created in section2 2-2-1601 to restore the old supreme court chamber in the state capitol3 building.4 (11) For the fiscal year commencing July 1, 2018, the state5 treasurer shall transfer one hundred fifty thousand dollars from the6 preservation grant program account of the state historical fund on October7 1, 2018, to the capital construction fund created in section 24-75-302 for8 historical property rehabilitation in the capitol complex.9 (12) For the state fiscal year commencing July 1, 2019, the state10 treasurer shall transfer one million dollars from the preservation grant11 program account of the state historical fund on October 1, 2019, to the12 capital construction fund created in section 24-75-302 for repainting of13 the interior of the dome of the state capitol building. On July 1, 2020, the14 state treasurer shall transfer an amount equal to the unencumbered portion15 of the money provided pursuant to this subsection (12) as of such date for16 repainting the interior of the dome of the state capitol building from the17 capital construction fund created in section 24-75-302 to the museum and18 preservation operations account created in subsection (5)(c)(I)(B) of this19 section.20 (13) Notwithstanding any other provision of this section to the21 contrary, for each of the state fiscal years commencing July 1, 2020, and22 July 1, 2021, the state historical society is authorized to direct the state23 treasurer to transfer a cumulative total of up to one million dollars from24 the preservation grant program account created in subsection (5)(c)(I)(A)25 of this section to the museum and preservation operations account created26 in subsection (5)(c)(I)(B) of this section.27 1301 -59- SECTION 97. Amend section 11 of House Bill 23-1225 as1 follows:2 Section 11. Act subject to petition - effective date. Section 4 of3 this act takes effect January 1, 2025, and the remainder of this act takes4 effect at 12:01 a.m. on the day following the expiration of the ninety-day5 period after final adjournment of the general assembly; except that, if a6 referendum petition is filed pursuant to section 1 (3) of article V of the7 state constitution against this act or an item, section, or part of this act8 within such period, then the act, item, section, or part will not take effect9 unless approved by the people at the general election to be held in10 November 2024 and, in such case, will take effect on the date of the11 official declaration of the vote thereon by the governor; except that12 section 4 of this act takes effect January 1, 2026 2025.13 SECTION 98. Act subject to petition - effective date. (1) This14 act takes effect at 12:01 a.m. on the day following the expiration of the15 ninety-day period after final adjournment of the general assembly; except16 that, if a referendum petition is filed pursuant to section 1 (3) of article V17 of the state constitution against this act or an item, section, or part of this18 act within such period, then the act, item, section, or part will not take19 effect unless approved by the people at the general election to be held in20 November 2024 and, in such case, will take effect on the date of the21 official declaration of the vote thereon by the governor.22 (2) Section 97 of this act takes effect only if House Bill 23-122523 becomes law, in which case section 97 takes effect on the effective date24 of this act or House Bill 23-1225, whichever is later.25 1301 -60- APPENDIX C.R.S. Section Section in bill Reason for Amendment 5-3-105 (2) 1 • Repeals a cross reference to 12 CFR 227.14 because the federal regulation was repealed by the Board of Governor's of the Federal Reserve System, effective March 21, 2016. (See 81 FR 8133.) • Repeals a cross reference to 12 CFR 535.5 because the federal regulations in chapter V of title 12 of the Code of Federal Regulations were repealed by the Department of the Treasury, effective October 11, 2018. (See 82 FR 47083.) 5-3.5-303 (2) 2 See bullet 2 of section 1 of this act amending section 5-3-105 (2). 6-1-712 (2)(b) 3 Inserts "federal" before Centers for Medicare and Medicaid Services for consistency when citing to federal agencies. (See https://www.cms.gov/.) 6-4-108 (5) 4 Repeals text relevant to part 5 of article 1 of title 25.5 due to the repeal of the part, effective July 1, 2006. (See SB06-219, chapter 355, page 1800, Session Laws of Colorado 2006.) 10-1-202 (7) 5 Updates provisions to show that the National Association of Insurance Commissioners provides regulators and consumers support in five United States territories. (See the National Association of Commissioners website at https://content.naic.org/. Accessed 12/16/2022.) 10-1-302 (10) 6 See section 5 of this act amending section 10-1-202 (7). 10-3-801 (7) 7 See section 5 of this act amending section 10-1-202 (7). 10-3-1502 (3) 8 See section 5 of this act amending section 10-1-202 (7). 10-16-106.3 (1) 9 See section 3 of this act amending section 6-1-712 (2)(b). 12-10-603 (2)(b) 10 Updates terminology to conform with changes made to section 24-4-105 by SB22-162. (See section 24-1-105 C.R.S. 2022, SB22-162, chapter 469, page 3350, Session Laws of Colorado 2022.) 1301-61- C.R.S. Section Section in bill Reason for Amendment 12-20-202 (6)(b) and (6)(c) 11 See section 10 of this act amending section 12-10-603 (2)(b). 12-30-105 (5)(n) 12 Clarifies that "they" means "NPATCH" to resolve a grammatical ambiguity in the introduced version of SB22-226. (See SB22-226, chapter 179, page 1190, Session Laws of Colorado 2022.) 12-30-108 (4)(b) 13 Repeals an inoperative introductory portion. (See HB22-1233, chapter 398, page 2830 and HB22-1235, chapter 442, page 3101, Session Laws of Colorado 2022.) 12-30-110 (4)(b) 14 Removes duplicative references to mental health professionals. A mental health professional is listed individually and is an entity described in subsection (1)(a) of this section. The dual references are a result of the incorporation of changes to this provision by HB22-1307 and HB22-1326. (See the editor's note following section 12-30-110 in the C.R.S. 2022 and HB22-1307, chapter 207, page 1371, and HB22-1326, chapter 225, page 1637, Session Laws of Colorado 2022.) 12-30-112 (1)(a)(V) 15 Clarifies that "commissioner" means the "commissioner of insurance" because the term is not defined for the article or section for which it is being used. (See HB22-1284, chapter 446, page 3144, Session Laws of Colorado 2022.) 13-40-127 (9)(a) 16 Corrects the name of the referenced fund. The error originated in the introduced version of HB22-1342. (See HB22-1342, chapter 137, page 920, Session Laws of Colorado 2022.) 15-5-504 (3)(a) 17 Changes "obligee" to "obligor" to correspond with the language found in the Uniform Trust Code. The error originated in the introduced version of SB21-162. (See section 504 (c)(1) of the Uniform Trust Code, as found on the Uniform Law Commission's website, and SB21-162, chapter 170, page 941, Session Laws of Colorado 2021.) 16-4-101 (1)(b)(IV), (1)(c), and (5) 18 Inserts language explaining that the violations referenced in this provision are to violations formerly found in certain provisions of section 18-12-108 prior to the reorganization of the section by SB21-271, effective March 1, 2022. (See SB21-271, chapter 462, page 3210, 1301-62- C.R.S. Section Section in bill Reason for Amendment Session Laws of Colorado 2021.) 16-4-201.5 (1)(f) 19 See section 18 of this act amending section 16-4-101 (1)(b)(IV), (1)(c), and (5). 17-26-109 (1)(f)(I) 20 Repeals a cross reference to subsection (1)(d) and text relevant to subsection (1)(e) of this section due to the repeal of the subsections, effective March 1, 2022. (See subsection (2) of the editor's note following section 17-26-109 C.R.S. 2022 and SB21-271, chapter 462, page 3164, Session Laws of Colorado 2021.) 17-26-140 (1)(b) 21 Clarifies that the referenced administration is the behavioral health administration in the department of human services. This corrects an error originating in the introduced version of HB22-1326. (See HB22-1326, chapter 225, page 1642, Session Laws of Colorado 2022.) 18-1.9-104 IP(2)(b) 22 Corrects the number of a ppointments or reappointments that the executive branch makes to the task force concerning the treatment of persons with behavioral health disorders. This corrects an error originating in the house judiciary committee report amending SB22-021. (See the 2022 House Journal for March 24, page 673 and SB22-021, chapter 471, page 3441.) 19-3-508 (1)(d)(I) 23 Corrects an error originating in the introduced version of HB22-1256 by removing text that was inadvertently added to the bill. (See subsection (4) of the editor's note following section 19-3-508 C.R.S. 2022 and HB22-1256, chapter 451, page 3234, Session Laws of Colorado 2022.) 19-3.3-111 (1)(d) and (3)(a)(VII)(F) 24 Changes cross references to correspond with the relocation of provisions by HB22-1295. (See HB22-1295, chapter 123, page 566, Session Laws of Colorado 2022.) 19-5-303 IP(1) 25 Corrects an error originating in the introduced version of SB22-162 that resulted in the deletion of a portion of the introductory portion of subsection (1). (See SB22-162, chapter 469, page 3376, Session Laws of Colorado 2022.) 1301-63- C.R.S. Section Section in bill Reason for Amendment 22-7-1015 (4)(g) and (5) 26 Renumbers this provision to conform to standard statutory format. Subsection (4)(g) is a standalone subsection that does not fall under the subject matter of subsection (4). (See HB19-1262, chapter 245, page 2398, Session Laws of Colorado 2022.) 22-30.5-513 (2)(b.5) 27 Renumbers this provision to conform to standard statutory format. (See HB19-1262, chapter 245, page 2398, Session Laws of Colorado 2022.) 23-1-121.2 28 Repeals text within this section as obsolete due to the repeal of section 22-60.5-208.5, effective June 30, 2022. (See HB20-1418, chapter 197, page 944, Session Laws of Colorado 2022.) 23-3.3-1005 (8)(a) 29 See section 16 of this act amending section 13-40-127 (9)(a), 23-31-313 (9.7)(f) 30 Corrects a cross reference to the provision requiring the repeal of the wildfire mitigation resources and best practices grant program. The house appropriations committee report amending HB22-1007 did not include a conforming amendment updating the cross reference when the repeal provision was renumbered by the report. (See the 2022 House Journal for April 21, page 1158 and HB22-1007, chapter 343, page 2456, Session Laws of Colorado 2022.) 24-1-120.5 (3) and (4) 31 See section 10 of this act amending section 12-10-603 (2)(b). 24-31-1204 (3)(b)(II) 32 Corrects a cross reference to a provision allowing the attorney general to file a motion to dismiss certain actions after considering specific factors. The senate judiciary committee report amending HB22-1119 did not include a conforming amendment updating the cross reference when it was renumbered by the report. (See the 2022 Senate Journal for May 3, page 1176, and HB22-1129, chapter 394, page 2783, Session Laws of Colorado 2022.) 24-32-104 (5) 33 Updates a cross reference to conform with a revision change that relocated the housing toolkit program from section 24-32-721.5 to section 24-32-721.7. (See the 2022 Revisor's Changes (Gray Book), page 41; the editor's 1301-64- C.R.S. Section Section in bill Reason for Amendment note following section 24-32-721.7 C.R.S. 2021; SB20B-002, chapter 8, page 41, Special Supplement to the Colorado Revised Statutes 2020; and HB21-1271, chapter 356, page 2324, Session Laws of Colorado 2021.) 24-32-721 (1) and (6) 34 See section 33 of this act amending section 24-32-104 (5). 24-33-111 (2)(a)(I)(A) 35 Corrects a cross reference to a provision establishing a source of funds that may be appropriated to the severance tax operational fund. The error originated in the introduced version of SB21-281. (See SB21-281, chapter 255, page 1501, Session Laws of Colorado 2021.) 24-33.5-424 (3)(a) 36 Repeals a cross reference to section 18-12-108 (4)(c) due to the repeal of the section, effective March 1, 2022. (See SB21-271, chapter 462, page 3210, Session Laws of Colorado 2021.) 24-37.5-903 (1) 37 See section 10 of this act amending section 12-10-603 (2)(b). 24-72-703 (9)(b) 38 Corrects a publication error that resulted in the duplication of language. Text added to subsection (2)(a)(VIII) of this section by SB22-099 was also inadvertently added to subsection (9)(b)(VIII). (See SB22-099, chapter 276, page 1987, Session Laws of Colorado 2022.) 24-75-229 (3)(a) 39 Corrects a cross reference to the task force created in this section. The senate appropriations committee report amending HB22-1329 did not include a conforming amendment updating the cross reference to the task force when the subsection was renumbered by the report. (See the 2021 Senate Journal for June 7, page 1388, and HB21-1329, chapter 347, page 2253, Session Laws of Colorado 2021.) 25-1.5-115 IP(1), (2), (3), and (4) 40 Clarifies that "division" means the "prevention services division" in the department of health care policy and financing because the term is not defined for the article, part, or section for which it is being used. (See section 25-20.5-103, C.R.S. 2022 and the appropriations clause in section 56(5) of HB22-1326, chapter 225, page 1673, Session 1301-65- C.R.S. Section Section in bill Reason for Amendment Laws of Colorado 2022.) 25-7-105 (1)(e)(X.4) 41 Updates cross references within this provision to conform with changes made by senate second reading floor amendment L.006 to the senate transportation committee report amending SB21-264. The amendment relocated the definitions within section 40-3.2-108 (2). (See the 2021 Senate Journal for June 2, page 1270, and SB21-264, chapter 328, pages 2093 and 2106.) 25-7-125 42 See section 10 of this act amending section 12-10-603 (2)(b). 25-8-901 IP(1), (1)(b), and (5) 43 See section 24 of this act amending section 19-3.3-111 (1)(d) and (3)(a)(VII)(F). 25.5-2-104 (4) 44 See section 3 of this act amending section 6-1-712 (2)(b). 25.5-4-203 (1)(a) 45 Clarifies that the "department of health" is the "department of public health and environment". This corrects an error originating in the introduced version of SB22-013. (See SB22-013, chapter 2, page 64, Session Laws of Colorado 2022.) 25.5-4-301 (14)(b) 46 See section 3 of this act amending section 6-1-712 (2)(b). 25.5-4-401.2 IP(3) 47 See section 3 of this act amending section 6-1-712 (2)(b). 25.5-4-402 (3)(a) 48 See section 3 of this act amending section 6-1-712 (2)(b). 25.5-4-505 (1) 49 See section 3 of this act amending section 6-1-712 (2)(b). 25.5-5-308 (2)(a)(I)(B), (4)(b)(II)(B), and (5)(b) 50 See section 3 of this act amending section 6-1-712 (2)(b). 25.5-5-323 IP(3)(d) 51 See section 3 of this act amending section 6-1-712 (2)(b). 25.5-6-409.3 (2) and (4) 52 See section 3 of this act amending section 6-1-712 (2)(b). 26-5-102 IP(3)(b) 53 See section 24 of this act amending section 19-3.3-111 (1)(d) and (3)(a)(VII)(F). 1301-66- C.R.S. Section Section in bill Reason for Amendment 26-6-905 (10) 54 Changes cross references to corresp ond with the relocation of provisions by HB22-1256. (See HB22-1256, chapter 451, page 3170, Session Laws of Colorado 2022.) 26-6-914 (2)(c) and (6)(a)(I)(C) 55 See section 54 of this act amending section 26-6-905 (10). 26-6.8-102 (2)(d)(I) 56 Corrects a typographical error originating in the introduced version of SB22-013. (See SB22-037, chapter 23, page 148, Session Laws of Colorado 2022.) 26-7.5-104.5 (2) and IP(3) 57 Clarifies that "department" is the "state department", which is defined as the department of human services in section 26-1-103 (6). This corrects an error originating in the introduced version of SB22-013. (See SB22-183, chapter 194, page 1300, Session Laws of Colorado 2022.) 26.5-4-104 (2)(a) 58 Clarifies that "state department" is the department of early childhood, which is defined for this title as "department" in section 26.5-1-103 (1). (See HB22-1295, chapter 123, page 566, Session Laws of Colorado 2022.) 26.5-4-112 (2) 59 See section 24 of this act amending section 19-3.3-111 (1)(d) and (3)(a)(VII)(F). 26.5-4-119 (2) and (3) 60 See section 58 of this act amending section 26.5-4-104 (2)(a). 26.5-4-208 (1)(d) and (1)(e) 61 • [Subsection (1)(d)] Corrects a cross reference to the provision allocating funds for preschool services for eligible children. The error originated in the introduced version of HB22-1295. (See HB22-1295, chapter 123, page 700, Session Laws of Colorado 2022.) • [Subsection (1)(e)] Changes the wording of an internal reference to make it consistent with other statutory provisions referencing county departments of human or social services. (See HB22-1295, chapter 123, page 700, Session Laws of Colorado 2022.) 26.5-5-303 (17)(a) 62 See section 24 of this act amending section 19-3.3-111 (1)(d) and (3)(a)(VII)(F). 26.5-5-309 (5) 63 See section 54 of this act amending section 26-6-905 (10). 1301-67- C.R.S. Section Section in bill Reason for Amendment 26.5-5-317 (2)(c) 64 See section 54 of this act amending section 26-6-905 (10). 26.5-5-326 (1)(c), (4)(b), and (6) 65 • [Subsections (1)(c) and (6)] See section 58 of this act amending section 26.5-4-104 (2)(a). • [Subsection (4)(b)] See section 54 of this act amending section 26-6-905 (10). 26.5-5-329 (1) 66 Corrects a cross reference to a provision exempting certain child care facilities from the testing requirements of part 9 of article 8 of title 25 if certain conditions are met. The error originated in the house appropriations committee report amending HB22-1358. (See the editor's note following section 26.5-5-329 C.R.S. 2022, the 2022 House Journal for May 3, page 1591, and HB22-1358, chapter 382, page 2728, Session Laws of Colorado 2022.) 27-60-104 (1) and (3.5) 67 • [Subsection (1)] See section 54 of this act amending section 26-6-905 (10). • [Subsection (3.5)] Inserts a cross reference to correspond with the restructuring of article 65 of this title. House Bill 22-1256 relocated provisions formerly found in section 27-65-103 to section 27-65-104 at the same legislative session that HB22-1214 added subsection (3.5) to this section. Because both bills passed concurrently, the string of cross references was not updated. (See HB22-1214, chapter 142, page 937, and HB22-1256, chapter 451, pages 3176 to 3179 and 3239, Session Laws of Colorado 2022.). 27-60-301 (3) 68 See section 24 of this act amending section 19-3.3-111 (1)(d) and (3)(a)(VII)(F). 27-60-403 IP(2)(a), (2)(b) and (2)(c) 69 Clarifies that "committee" means the "review committee" defined in section 27-60-401 (7). This corrects an error originating in the senate judiciary committee report amending SB22-196. (See the 2022 Senate Journal for April 18, page 764 and SB22-196, chapter 193, page 1285, Session Laws of Colorado 2022.) 27-64-103 (1) 70 See section 10 of this act amending section 12-10-603 (2)(b). 30-20-602 (4.3)(b) 71 Corrects a cross reference to the definition of a community geothermal garden. The error originated in the senate state, veterans, and military affairs committee report amending 1301-68- C.R.S. Section Section in bill Reason for Amendment SB22-118. (See the 2022 Senate Journal for March 3, page 325, and SB22-118, chapter 335, page 2379, Session Laws of Colorado 2022.) 30-20-603 (1)(a) 72 Updates a cross reference to the United States Code to correspond with the renumbering of provisions by Public Law 111-260. (See 47 U.S.C. sec. 153 (24) and Public Law 111-260, 124 Stat. 2752.) 31-25-501 (3.5)(b) 73 See section 71 of this act amending section 30-20-602 (4.3)(b). 31-31-1104 (5) 74 Corrects a cross reference to the merger and consolidation provisions of the federal "Internal Revenue Code of 1986", as amended. The error originated in the introduced version of HB22-1034. (See 42 U.S.C. sec. 414(l) and HB22-1034, chapter 61, page 311, Session Laws of Colorado 2022.) 31-31.5-101 (5)(f) 75 Corrects cross references to specific provisions within article 31 of title 31. The errors originated in the introduced version of HB22-1034. (See HB22-1034, chapter 61, page 280, Session Laws of Colorado 2022.) 31-31.5-203 (3) 76 See section 75 of this act amending section 31-31.5-101 (5)(f). 31-31.5-402 IP(4) 77 Corrects a typographical error originating in the introduced version of HB22-1034. (See HB22-1034, chapter 61, page 289, Session Laws of Colorado 2022.) 31-31.5-406 (2) 78 See section 75 of this act amending section 31-31.5-101 (5)(f). 32-9-119 (1)(t) 79 Updates a cross reference to the federal rules governing the safety of state rail transit agencies. In 2016, the Federal Transit Authority replaced 49 CFR 659 with 49 CFR 674. (See 87 FR 6783, 49 CFR 659, and 49 CFR 674.) 33-10.5-108 (3) 80 Repeals as obsolete provisions that require the state treasurer to make transfers of money between certain funds on specific dates or fiscal years because the date has passed or the fiscal year in which the transfer is authorized is over. 1301-69- C.R.S. Section Section in bill Reason for Amendment 34-25-101 81 Repeals a cross reference to the violations listed in section 34-24-103 (1) and related text because SB03-329 repealed the violations from the section. (See SB03-329, chapter 377, page 2490, Session Laws of Colorado 2003.) 34-60-132 (5)(b) 82 Changes "Chemical Abstracts Service registry numbers" to "Chemical Abstracts Service numbers" to accurately reflect the defined terminology for the section. (See section 34-60-132 (1)(d), C.R.S. 2022 and HB22-1348, chapter 478, page 3479, Session Laws of Colorado 2022.) 38-12-102 (4) 83 Updates a cross reference to conform with section 84 of this act, which places defined terms in alphabetical order to conform with standard statutory format. 38-12-201.5 (6.5) and (7) 84 See section 83 of this act amending section 38-12-102 (4). 39-9-101 (2) 85 Corrects a grammatical error originating in HB03-1007. (See HB83-1007, chapter 434, page 1504, Session Laws of Colorado 1983.) 39-22-547 (2)(e) 86 See section 24 of this act amending section 19-3.3-111 (1)(d) and (3)(a)(VII)(F). 39-26-721 (1) and (2) 87 Corrects a cross reference to the definition of manufactured home. (See SB22-212, chapter 421, page 2986.) 39-29-109 (2)(b)(III) 88 See section 80 of this act amending section 33-10.5-108 (3). 40-18-101 (5) 89 See section 79 of this act amending section 32-9-119 (1)(t). 40-18-103 (1)(d) and (2) 90 See section 79 of this act amending section 32-9-119 (1)(t). 43-1-127 (4)(d)(I) 91 Corrects a cross reference to the federal definition of governor in Title 49 of the United States Code. (See 49 U.S.C. sec. 5302 (9).) 43-4-205 (5.5)(c) 92 Repeals a cross reference to section 42-3-304 (18)(d)(I) as a conforming amendment to SB14-194. Due to a modification of the fee credit provisions in section 42-3-304 (18)(d)(I) by SB14-194, fees collected pursuant to this section are credited to the Colorado DRIVES vehicle services account, 1301-70- C.R.S. Section Section in bill Reason for Amendment not the highway users' tax fund. (See SB14-194, chapter 346, page 1551, Session Laws of Colorado 2014.) 43-4-217 (1)(e) and (1)(f) 93 Changes "road use fee" to "road usage fee" to be consistent with the name of the fee imposed pursuant to section 43-4-217 (3) and (4). (See SB21-260, chapter 250, page 1419, Session Laws of Colorado 2021.) 43-4-1103 IP(2)(a)(I) and (2)(a)(IV) 94 See section 80 of this act amending section 33-10.5-108 (3). 43-10-107 (2) 95 See section 10 of this act amending section 12-10-603 (2)(b). 44-30-1201 (5)(a)(III), (5)(d)(III), (6), (7), (8), (9), (10), (11), (12), and (13) 96 See section 80 of this act amending section 33-10.5-108 (3). House Bill 23-1225 Petition Clause Section 11 97 Corrects the effective date in section 11 of House Bill 23-1225. 1301-71-