Colorado House Bill HB1301 Introduced / Bill

                    First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 23-0523.03 Nate Carr x2584
HOUSE BILL 23-1301
House Committees Senate Committees
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
HOUSE SPONSORSHIP
Soper and Snyder, Dickson, Weissman
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
HB23-1301-2- 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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-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
HB23-1301
-59- SECTION 97. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article V4
of the state constitution against this act or an item, section, or part of this5
act within such period, then the act, item, section, or part will not take6
effect unless approved by the people at the general election to be held in7
November 2024 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
HB23-1301
-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.)
HB23-1301-61- 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,
HB23-1301-62- 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.)
HB23-1301-63- 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
HB23-1301-64- 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
HB23-1301-65- 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).
HB23-1301-66- 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).
HB23-1301-67- 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
HB23-1301-68- 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.
HB23-1301-69- 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,
HB23-1301-70- 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).
HB23-1301-71-