HOUSE BILL 23-1301
BY REPRESENTATIVE(S) Soper and Snyder, Dickson, Weissman, Bacon,
Epps, Joseph, Kipp, Pugliese, Valdez, McCluskie, deGruy Kennedy, Titone;
also SENATOR(S) Gardner and Rodriguez, Buckner, Moreno
.
C
ONCERNING THE NONSUBSTANTIVE REVISION OF STATUTES IN THE
COLORADO REVISED STATUTES, AS AMENDED, AND, IN CONNECTION
THEREWITH
, AMENDING OR REPEALING OBSOLETE , IMPERFECT, AND
INOPERATIVE LAW TO PRESERVE THE LEGISLATIVE INTENT
, EFFECT,
AND MEANING OF THE LAW.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 5-3-105, amend (2) as
follows:
5-3-105. Notice to cosigners and similar parties. (2) The notice
required by this section must be
A clear and conspicuous notice and comply
with the disclosure requirements of 16 CFR 444.3. 12 CFR 227.14, or 12
CFR 535.3.
SECTION 2. In Colorado Revised Statutes, 5-3.5-303, amend (2)
as follows:
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 5-3.5-303. Relationship to other laws. (2) Preemption. Any
provision of this article preempted by federal law with respect to a national
bank or federal savings association shall also, to the same extent, not apply
to an operating subsidiary of a national bank or federal savings association
that satisfies the requirements for operating subsidiaries established in 12
CFR 5.34, relating to operating subsidiaries, or 12 CFR 559.3, relating to
the characteristics of and requirements for subordinate organizations of
federal savings associations, nor to a bank chartered under the laws of
Colorado or any operating subsidiary of such a state chartered bank.
SECTION 3. In Colorado Revised Statutes, 6-1-712, amend (2)(b)
as follows:
6-1-712. Discount health plan and cards - deceptive trade
practices - definitions. (2) The provisions of this section shall not apply
to:
(b) A medicare endorsed drug card as approved by the
FEDERAL
centers for medicare and medicaid services pursuant to the "Medicare
Prescription Drug, Improvement, and Modernization Act of 2003", Public
Law 108-173.
SECTION 4. In Colorado Revised Statutes, 6-4-108, repeal (5) as
follows:
6-4-108. Exemptions. (5) Nothing in this article shall prohibit or
be construed to prohibit:
(a) The formation of a cooperative health-care agreement that has
been approved in whole or in part in accordance with the provisions of part
5 of article 1 of title 25.5, C.R.S.;
(b) Any conduct or activity reasonably necessary and reasonably
foreseeable to implement a board-approved cooperative health-care
agreement or a decision or order issued by the cooperative health-care
agreements board pursuant to part 5 of article 1 of title 25.5, C.R.S.;
(c) The negotiation of or entering into any cooperative health-care
agreement which is filed with the cooperative health-care agreements board;
or
PAGE 2-HOUSE BILL 23-1301 (d) Community planning, discussions, or negotiations intended in
good faith to culminate in a cooperative health-care agreement to be filed
with the cooperative health-care agreements board. Such agreements,
conduct, or activities shall not be held or construed to be illegal
combinations or conspiracies in restraint of trade under this article.
SECTION 5. In Colorado Revised Statutes, 10-1-202, amend (7)
as follows:
10-1-202. Definitions. As used in this part 2, unless the context
otherwise requires:
(7) "NAIC" or "national association of insurance commissioners"
means the organization of insurance regulators from the fifty states, the
District of Columbia, and the four
FIVE United States territories.
SECTION 6. In Colorado Revised Statutes, 10-1-302, amend (10)
as follows:
10-1-302. Definitions. As used in this part 3, unless the context
otherwise requires:
(10) "NAIC" or "national association of insurance commissioners"
means the organization of insurance regulators from the fifty states, the
District of Columbia, and the four
FIVE United States territories.
SECTION 7. In Colorado Revised Statutes, 10-3-801, amend (7)
as follows:
10-3-801. Definitions. As used in this part 8, unless the context
otherwise requires:
(7) "NAIC" or "national association of insurance commissioners"
means the organization of insurance regulators from the fifty states, the
District of Columbia, and the four
FIVE United States territories.
SECTION 8. In Colorado Revised Statutes, 10-3-1502, amend (3)
as follows:
10-3-1502. Definitions. As used in this part 15, unless the context
PAGE 3-HOUSE BILL 23-1301 otherwise requires:
(3) "NAIC" or "national association of insurance commissioners"
means the organization of insurance regulators from the fifty states, the
District of Columbia, and the four
FIVE United States territories.
SECTION 9. In Colorado Revised Statutes, 10-16-106.3, amend
(1) as follows:
10-16-106.3. Uniform claims - billing codes - electronic claim
forms. (1) On or before July 1, 2002, all carriers shall accept the claim
form adopted by the American dental association for use by all dental
providers and carriers in the state, and the
FEDERAL centers for medicare
and medicaid services' claim forms CMS-1500 and CMS-1450, otherwise
known as form UB-04, as amended, as the uniform health-care claim forms
for use by all other health-care providers and carriers in the state. All
carriers shall accept such claim forms from health-care providers in
electronic form. A carrier shall not prohibit submission of health-care
claims in hard copy form, nor shall a carrier be prohibited from requiring
that a claim be submitted in hard copy form. A carrier shall not require
submission of a claim on a form other than those set forth in this section,
except as provided in subsection (3) of this section.
SECTION 10. In Colorado Revised Statutes, 12-10-603, amend
(2)(b) as follows:
12-10-603. Board of real estate appraisers - creation -
compensation - immunity - legislative declaration - subject to review -
repeal of part. (2) (b) The general assembly finds, determines, and
declares that the organization of the board under the division as a type 1
agency
ENTITY will provide the autonomy necessary to avoid potential
conflicts of interest between the responsibility of the board in the regulation
of real estate appraisers and the responsibility of the division in the
regulation of real estate brokers and salespersons. The general assembly
further finds, determines, and declares that the placement of the board as a
type 1 agency
ENTITY under the division is consistent with the
organizational structure of state government.
SECTION 11. In Colorado Revised Statutes, 12-20-202, amend
(6)(b) and (6)(c) as follows:
PAGE 4-HOUSE BILL 23-1301 12-20-202. Licenses, certifications, and registrations - renewal
- reinstatement - fees - occupational credential portability program -
temporary authority for military spouses - exceptions for military
personnel - rules - consideration of criminal convictions or driver's
history - executive director authority - definitions. (6) Executive
director authority. (b) Review of examinations and procedures.
Notwithstanding any
ENTITY STATUS AS A type 1 transfer as such transfer
is defined by the "Administrative Organization Act of 1968", article 1 of
title 24 ENTITY, AS DEFINED IN SECTION 24-1-105, the executive director may
review any examination or procedure for granting a license, certification,
or registration by any regulator prior to the execution of the examination or
procedure. After the review, if the executive director has reason to believe
the examination or procedure is unfair to the applicants or unreasonable in
content, the executive director shall call on five people licensed, certified,
or registered in the occupation or profession to review the examination or
procedure jointly with the executive director. The executive director and the
licensees, certificate holders, or registrants, acting jointly, may make
findings of fact and recommendations to the regulator concerning any
examination or procedure. The findings of fact and recommendations are
public documents.
(c) Employment of administrative law judges. Notwithstanding
any
ENTITY STATUS AS A type 1 transfer as such transfer is defined by the
"Administrative Organization Act of 1968", article 1 of title 24 ENTITY, AS
DEFINED IN SECTION
24-1-105, the executive director may employ an
administrative law judge, and may require any regulator to use an
administrative law judge in lieu of a hearing by the regulator, to conduct
hearings on any matter within the jurisdiction of the regulator, subject to
appropriations made to the department of personnel. Administrative law
judges are appointed pursuant to part 10 of article 30 of title 24. An
administrative law judge employed pursuant to this subsection (6)(c) shall
conduct hearings in accordance with section 24-4-105, and the
administrative law judge has the authority specified in section 24-4-105.
SECTION 12. In Colorado Revised Statutes, 12-30-105, amend
(5)(n) as follows:
12-30-105. Nurse-physician advisory task force for Colorado
health care - creation - duties - definition - repeal. (5) The NPATCH
shall prioritize consideration of and make recommendations on the
PAGE 5-HOUSE BILL 23-1301 following topics:
(n) Feasibility of temporary candidate licenses for students nearing
the completion of an accredited health-care program. At a minimum, they
THE NPATCH must consider reimbursement, liability, and health and safety
issues in their ITS analysis.
SECTION 13. In Colorado Revised Statutes, 12-30-108, repeal
(4)(b) as follows:
12-30-108. Confidential agreement to limit practice - violation
grounds for discipline. (4) (b) Subsection (1)(a) of this section regarding
notification for confidential agreements does not apply to:
(I) and (II) Repealed.
SECTION 14. In Colorado Revised Statutes, 12-30-110, amend
(4)(b) as follows:
12-30-110. Prescribing or dispensing opiate antagonists -
authorized recipients - definitions. (4) (b) A person or entity described
in subsection (1)(a) of this section or a mental health professional acting in
accordance with this section is not subject to civil liability or criminal
prosecution, as specified in sections 13-21-108.7 (3) and 18-1-712 (2),
respectively.
SECTION 15. In Colorado Revised Statutes, 12-30-112, amend
(1)(a)(V) as follows:
12-30-112. Health-care providers - required disclosures -
balance billing - rules - definitions. (1) As used in this section and section
12-30-113:
(a) "Ancillary services" means:
(V) Any other items and services provided by specialty providers as
established by rule of the commissioner
OF INSURANCE.
SECTION 16. In Colorado Revised Statutes, 13-40-127, amend
(9)(a) as follows:
PAGE 6-HOUSE BILL 23-1301 13-40-127. Eviction legal assistance - fund - rules - report -
definitions - repeal. (9) (a) In accordance with section 24-75-229 (4), three
days after June 25, 2021, the state treasurer shall transfer one million five
hundred thousand dollars from the affordable housing and home ownership
cash fund created in section 24-75-229 (3)(a) to the fund for the purpose of
providing legal representation to indigent tenants to resolve civil legal
matters arising on and after March 1, 2020, for an eviction or impending
eviction related to the public health emergency caused by the COVID-19
public health emergency. The money transferred to the fund pursuant to this
subsection (9)(a) must be maintained in a separate account and must be used
only for the purposes specified in this subsection (9)(a). Notwithstanding
subsection (5)(b) of this section, the state treasurer shall credit all interest
and income derived from the deposit and investment of money in the
account to the state emergency
RESERVE CASH fund created in section
24-77-104 (6)(a) in accordance with section 24-75-226 (4)(c)(II). The
general assembly shall appropriate the money transferred to the fund
pursuant to this subsection (9)(a) to the administrator for use in accordance
with this subsection (9)(a). The administrator shall use the money by
December 31, 2024, for the purposes specified in this subsection (9)(a).
SECTION 17. In Colorado Revised Statutes, 15-5-504, amend
(3)(a) as follows:
15-5-504. Discretionary trusts - effect of standard - definitions.
(3) To the extent a trustee has not complied with a standard of distribution
or has abused a discretion:
(a) A distribution may be ordered by the court to satisfy a child
support order to which the beneficiary is an obligee
OBLIGOR; and
SECTION 18. In Colorado Revised Statutes, 16-4-101, amend
(1)(b)(IV), (1)(c), and (5) as follows:
16-4-101. Bailable offenses - definitions. (1) All persons shall be
bailable by sufficient sureties except:
(b) When, after a hearing held within ninety-six hours of arrest and
upon reasonable notice, the court finds that the proof is evident or the
presumption is great as to the crime alleged to have been committed and
finds that the public would be placed in significant peril if the accused were
PAGE 7-HOUSE BILL 23-1301 released on bail and such person is accused in any of the following cases:
(IV) A crime of possession of a weapon by a previous offender
alleged to have been committed in violation of section 18-12-108 (2)(b),
(2)(c), (4)(b), (4)(c), or (5), C.R.S.
AS THOSE PROVISIONS EXISTED PRIOR TO
THEIR REPEAL ON
MARCH 1, 2022;
(c) When a person has been convicted of a crime of violence or a
crime of possession of a weapon by a previous offender, as described in
section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5), C.R.S.
AS THOSE
PROVISIONS EXISTED PRIOR TO THEIR REPEAL ON
MARCH 1, 2022, at the trial
court level and such person is appealing such conviction or awaiting
sentencing for such conviction and the court finds that the public would be
placed in significant peril if the convicted person were released on bail.
(5) When a person is arrested for a crime of violence, as defined in
section 16-1-104 (8.5), or a criminal offense alleging the use or possession
of a deadly weapon or the causing of bodily injury to another person, or a
criminal offense alleging the possession of a weapon by a previous
offender, as described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or
(5), C.R.S.
AS THOSE PROVISIONS EXISTED PRIOR TO THEIR REPEAL IN 2022,
and such person is on parole, the law enforcement agency making the arrest
shall notify the department of corrections within twenty-four hours. The
person so arrested shall not be eligible for bail to be set until at least
seventy-two hours from the time of his or her arrest has passed.
SECTION 19. In Colorado Revised Statutes, 16-4-201.5, amend
(1)(f) as follows:
16-4-201.5. Right to bail after a conviction - exceptions. (1) The
court may grant bail after a person is convicted, pending sentencing or
appeal, only as provided by this part 2; except that no bail is allowed for
persons convicted of:
(f) A crime of possession of a weapon by a previous offender, as
described in section 18-12-108 (2)(b), (2)(c), (4)(b), (4)(c), or (5),
AS THOSE
PROVISIONS EXISTED PRIOR TO THEIR REPEAL ON
MARCH 1, 2022;
SECTION 20. In Colorado Revised Statutes, 17-26-109, amend
(1)(f)(I) as follows:
PAGE 8-HOUSE BILL 23-1301 17-26-109. Deductions of time - record keeping - forfeitures -
definition. (1) Every person who is sentenced to and imprisoned in any
county jail of this state who performs faithfully the duties assigned to him
or her and conducts himself or herself in accordance with the rules of the
jail earns deductions from the time of his or her sentence as follows:
(f) (I) In addition to the deductions described in subsections (1)(a),
(1)(b), (1)(c), and (1)(d)
AND (1)(c) of this section, an inmate may receive
a three-day maximum deduction when the inmate takes an unusual or
extraordinary action, as determined by the county sheriff. This deduction
may be granted on an incident-by-incident basis. and is not subject to the
deduction cap described in subsection (1)(e) of this section.
SECTION 21. In Colorado Revised Statutes, 17-26-140, amend
(1)(b) as follows:
17-26-140. Continuity of care for persons released from jail.
(1) If a person is treated for a substance use disorder at any time during the
person's incarceration, the county jail shall, at a minimum, conduct the
following before releasing the person from the county jail's custody:
(b) Provide a list of available substance use providers, to the extent
the
BEHAVIORAL HEALTH administration in the department of human
services has such a list available;
SECTION 22. In Colorado Revised Statutes, 18-1.9-104, amend
(2)(b) introductory portion as follows:
18-1.9-104. Task force concerning the treatment of persons with
behavioral health disorders in the criminal and juvenile justice systems
- creation - membership - duties. (2) Membership - terms. (b) The
following executive branch agencies, divisions, and offices shall appoint or
reappoint from the previous task force eleven
TWELVE members. Nothing
in this section prohibits the executive branch agencies listed from
appointing members who served on the previous task force. The following
executive branch agencies shall appoint a representative on or before
August 1, 2022:
SECTION 23. In Colorado Revised Statutes, 19-3-508, amend
(1)(d)(I) as follows:
PAGE 9-HOUSE BILL 23-1301 19-3-508. Neglected or dependent child - disposition -
concurrent planning. (1) When a child has been adjudicated to be
neglected or dependent, the court may enter a decree of disposition the same
day, but in any event it shall do so within forty-five days unless the court
finds that the best interests of the child will be served by granting a delay.
In a county designated pursuant to section 19-1-123, if the child is under six
years of age at the time a petition is filed in accordance with section
19-3-501 (2), the court shall enter a decree of disposition within thirty days
after the adjudication and shall not grant a delay unless good cause is shown
and unless the court finds that the best interests of the child will be served
by granting the delay. It is the intent of the general assembly that the
dispositional hearing be held on the same day as the adjudicatory hearing,
whenever possible. If a delay is granted, the court shall set forth the reasons
why a delay is necessary and the minimum amount of time needed to
resolve the reasons for the delay and shall schedule the hearing at the
earliest possible time following the delay. When the proposed disposition
is termination of the parent-child legal relationship, the hearing on
termination must not be held on the same date as the adjudication, and the
time limits set forth above for dispositional hearings do not apply. When the
proposed disposition is termination of the parent-child legal relationship,
the court may continue the dispositional hearing to the earliest available
date for a hearing in accordance with the provisions of subsection (3)(a) of
this section and part 6 of this article 3. When the decree does not terminate
the parent-child legal relationship, the court shall approve an appropriate
treatment plan that must include but not be limited to one or more of the
following provisions of subsections (1)(a) to (1)(d) of this section:
(d) (I) The court may order that the child be examined or treated by
a physician, surgeon, psychiatrist, or psychologist or that the child receive
other special care and may place the child in a hospital or other suitable
facility for such purposes; except that the child may not be placed in a
mental health facility operated by the department of human services until
the child has received a behavioral or mental health disorder prescreening
resulting in a recommendation that the child be placed in a facility for
evaluation pursuant to section 27-65-106, or a hearing has been held by the
court after notice to all parties, including the department of human services.
An order for an emergency mental health hold must not be entered unless
a hearing is held and evidence indicates that the prescreening report is
inadequate, incomplete, or incorrect and that competent professional
evidence is presented by a mental health professional that indicates that a
PAGE 10-HOUSE BILL 23-1301 behavioral or mental health disorder is present in the child. The court shall
make, prior to the hearing, such orders regarding temporary custody of the
child as are deemed appropriate. described in section 27-65-106 or a
voluntary application for mental health services pursuant to section
27-65-103 or 27-65-104. The arrangements for care must be completed
through the crisis response system or prearranged partnerships with other
crisis intervention services.
SECTION 24. In Colorado Revised Statutes, 19-3.3-111, amend
(1)(d) and (3)(a)(VII)(F) as follows:
19-3.3-111. Task force to prevent youth from running from
out-of-home placement - creation - membership - duties - report -
definitions - repeal. (1) As used in this section, unless the context
otherwise requires:
(d) "Out-of-home placement" means placement in a residential child
care facility or foster care home, as each is defined in section 26-6-102
26-6-903.
(3) (a) The task force consists of the following members:
(VII) The following members, appointed by the child protection
ombudsman:
(F) A representative of a statewide association that represents child
placement agencies, as defined in section 26-6-102
26-6-903;
SECTION 25. In Colorado Revised Statutes, 19-5-303, amend (1)
introductory portion as follows:
19-5-303. Commission created - duties. (1) There is created in the
department the adoption intermediary commission, referred to in this
section as the "commission", which consists of thirteen members. The
commission is a type 1 entity, as defined in section 24-1-105, and exercises
its powers and performs the duties and functions specified by this part 3
under the department:
DEPARTMENT. REPRESENTATION AND APPOINTMENT
OF SUCH MEMBERS SHALL BE AS FOLLOWS
:
SECTION 26. In Colorado Revised Statutes, 22-7-1015, repeal
PAGE 11-HOUSE BILL 23-1301 (4)(g); and add (5) as follows:
22-7-1015. Postsecondary and workforce readiness program -
technical assistance - appropriation - repeal. (4) The department of
education, the department of higher education, and the state institutions of
higher education, upon request, shall provide support to local education
providers in implementing postsecondary and workforce readiness.
Beginning with the 2009-10 budget year, the department of education and
the department of higher education may include in their annual budget
requests an amount necessary to offset the costs incurred in complying with
this section. Support may include, but need not be limited to:
(g) For the 2022-23 state fiscal year, the general assembly shall
appropriate to the department twenty-five thousand dollars from the general
fund for the programs described in subsection (4)(f) of this section. Any
unexpended money remaining at the end of the 2022-23 state fiscal year
from this appropriation:
(I) Does not revert to the general fund or any other fund;
(II) May be used by the department in the 2023-24 or 2024-25 state
fiscal year without further appropriation; and
(III) Must not be used for any other purpose other than the purposes
set forth in subsection (4)(f) of this section.
(5) (a) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL
ASSEMBLY SHALL APPROPRIATE TO THE DEPARTMENT TWENTY
-FIVE
THOUSAND DOLLARS FROM THE GENERAL FUND FOR THE PROGRAMS
DESCRIBED IN SUBSECTION
(4)(f) OF THIS SECTION. ANY UNEXPENDED
MONEY REMAINING AT THE END OF THE
2022-23 STATE FISCAL YEAR FROM
THIS APPROPRIATION
:
(I) D
OES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND ;
(II) M
AY BE USED BY THE DEPARTMENT IN THE 2023-24 OR 2024-25
STATE FISCAL YEAR WITHOUT FURTHER APPROPRIATION ; AND
(III) MUST NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN THE
PURPOSES SET FORTH IN SUBSECTION
(4)(f) OF THIS SECTION.
PAGE 12-HOUSE BILL 23-1301 (b) THIS SUBSECTION (5) IS REPEALED, EFFECTIVE JULY 1, 2026.
SECTION 27. In Colorado Revised Statutes, 22-30.5-513, amend
(2)(b.5) as follows:
22-30.5-513. Institute charter schools - funding - at-risk
supplemental aid - legislative declaration - definitions. (2) (b.5) For
purposes of calculating an institute charter school's funding pursuant to this
subsection (2):
(A)
(I) If the institute charter school operates a full-day kindergarten
educational program, the pupils enrolled in the program are counted as
full-day pupils; except that a student enrolled as less than a full-time pupil
is counted in accordance with rules promulgated by the state board; and
(B)
(II) If the institute charter school operates a half-day
kindergarten educational program, the pupils enrolled in the program are
counted as half-day pupils and the number of pupils enrolled in the institute
charter school must include the supplemental kindergarten enrollment as
defined in section 22-54-103 (15).
SECTION 28. In Colorado Revised Statutes, amend 23-1-121.2 as
follows:
23-1-121.2. Department directive - educator preparation
pathways - public information. By October 1, 2020, the department shall
post on the department website a description of each of the existing
programs and pathways that lead to teacher licensure, including alternative
teacher preparation programs approved pursuant to article 60.5 of title 22,
teacher preparation programs approved pursuant to section 23-1-121,
teacher residency programs, student teacher programs, concurrent
enrollment programs, teacher cadet programs, grow your own educator
programs established pursuant to section 22-60.5-208.5, and the teaching
fellowship programs created pursuant to part 3 of article 78 of this title 23.
The department shall annually update the descriptions of programs and
pathways.
SECTION 29. In Colorado Revised Statutes, 23-3.3-1005, amend
(8)(a) as follows:
PAGE 13-HOUSE BILL 23-1301 23-3.3-1005. Colorado opportunity scholarship initiative fund
- created - rules - repeal. (8) (a) Notwithstanding subsection (2) of this
section, the state treasurer shall credit all interest and income derived from
the deposit and investment of money appropriated to the fund pursuant to
subsections (6)(a) and (7)(a) of this section to the state emergency
RESERVE
CASH
fund created in section 24-77-104 (6)(a) in accordance with section
24-75-226 (4)(c)(II).
SECTION 30. In Colorado Revised Statutes, 23-31-313, amend
(9.7)(f) as follows:
23-31-313. Healthy forests - vibrant communities - funds created
- outreach working group - definitions - legislative declaration - repeal.
(9.7) Wildfire mitigation resources and best practices grant program.
(f) On or before September 1, 2025, and on or before September 1 each
year thereafter for the duration of the grant program, the forest service shall
submit a report to the wildfire matters review committee, or any successor
committee, on the grant program. Notwithstanding section 24-1-136
(11)(a)(I), the reporting requirement continues until the grant program is
repealed pursuant to subsection (9)
SUBSECTION (9.7)(h) of this section.
SECTION 31. In Colorado Revised Statutes, 24-1-120.5, amend
(3) and (4) as follows:
24-1-120.5. Department of early childhood - creation. (3) The
powers, duties, and functions of the Colorado child abuse prevention board,
created in section 26.5-3-204, are transferred by a type 2 transfer to IS A
TYPE
2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS
POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER
the department
of early childhood.
(4) The powers, duties, and functions relating to the
Colorado child
care assistance program, as described in part 1 of article 4 of title 26.5, are
transferred by a type 2 transfer to IS A TYPE 2 ENTITY, AS DEFINED IN
SECTION
24-1-105, AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES
AND FUNCTIONS UNDER
the department of early childhood.
SECTION 32. In Colorado Revised Statutes, 24-31-1204, amend
(3)(b)(II) as follows:
PAGE 14-HOUSE BILL 23-1301 24-31-1204. Civil actions for false claims - claims for retaliation
- definitions. (3) Actions by private persons. (b) (II) In determining
whether to intervene and proceed with an action pursuant to this subsection
(3)(b), the attorney general shall consider the factors described in subsection
(1)(d) SUBSECTION (1)(b) of this section. The attorney general's
decision-making process concerning whether to intervene and any records
related to the decision-making process are not discoverable in any action.
SECTION 33. In Colorado Revised Statutes, 24-32-104, amend (5)
as follows:
24-32-104. Functions of the division - interconnectivity grant
program - interconnectivity grant program fund - reporting -
definition. (5) The division shall consult with the division of housing
created in section 24-32-704 in connection with the creation and
administration of the housing toolkit program in accordance with section
24-32-721.5 (2)(a)
24-32-721.7 (2)(a).
SECTION 34. In Colorado Revised Statutes, 24-32-721, amend (1)
and (6) as follows:
24-32-721. Colorado affordable housing construction grants and
loans - housing development grant fund - creation - housing assistance
for persons with behavioral, mental health, or substance use disorders
- cash fund - appropriation - report to general assembly - rules -
definitions - repeal. (1) There is hereby created in the state treasury the
housing development grant fund, which fund is administered by the division
and is referred to in this section as the "fund". The fund consists of money
credited to the fund in accordance with section 39-26-123 (3)(b); money
transferred to the fund in accordance with section 24-22-118 (2); money
appropriated to the fund by the general assembly; all money transferred to
the fund from the marijuana tax cash fund created in section 39-28.8-501
(1) and any other cash fund maintained by the state; all money transferred
to the fund from the general fund pursuant to subsection (6) of this section;
all money collected by the division for purposes of this section from federal
grants, from other contributions, gifts, grants, and donations received from
any other organization, entity, or individual, public or private; and from any
fees or interest earned on such money. The division is hereby authorized
and directed to solicit, accept, expend, and disburse all money collected for
the fund from the sources specified in this subsection (1) for the purpose of
PAGE 15-HOUSE BILL 23-1301 making grants, loans, or other forms of assistance that may be awarded
under section 24-32-721.5 24-32-721.7 and for program administration as
provided in this section. All such money must be transmitted to the state
treasurer to be credited to the fund. The money in the fund is continuously
appropriated to the division for the purposes of this section.
(6) On June 27, 2021, the state treasurer shall transfer one million
six hundred thousand dollars from the general fund to the housing
development grant fund created in subsection (1) of this section. The
division shall use the money transferred pursuant to this subsection (6) for
the affordable housing guided toolkit and local officials guide program
created in section 24-32-721.5
24-32-721.7.
SECTION 35. In Colorado Revised Statutes, 24-33-111, amend
(2)(a)(I)(A) as follows:
24-33-111. Conservation of native species - fund created.
(2) Species conservation trust fund - creation. (a) (I) (A) There is hereby
created in the state treasury the species conservation trust fund, which is
subject to annual authorization by the general assembly to carry out the
purposes of this section. The fund consists of all money transferred by the
treasurer as specified in subsection (2)(a)(I)(B) of this section and all money
appropriated to the fund pursuant to section 39-29-109 (1)(g)(I)(A)
39-29-109.3 (1)(g)(I). All income derived from the deposit and investment of money in the fund is credited to the fund. At the end of any fiscal year, all unexpended money in the fund remains in the fund and shall not be credited or transferred to the general fund or any other fund. To the maximum extent practical, only interest from the fund shall be expended for activities pursuant to this section.
SECTION 36. In Colorado Revised Statutes, 24-33.5-424, amend
(3)(a) as follows:
24-33.5-424. National instant criminal background check system
- state point of contact - fee - grounds for denial of firearm transfer -
appeal - rule-making - unlawful acts - instant criminal background
check cash fund - creation. (3) (a) The bureau, acting as the state point of
contact for implementation of 18 U.S.C. sec. 922 (t), shall transmit a request
for a background check in connection with the prospective transfer of a
firearm to the NICS system and may also search other databases. The
PAGE 16-HOUSE BILL 23-1301 bureau shall deny a transfer of a firearm to a prospective transferee if the
transfer would violate 18 U.S.C. sec. 922 (g) or (n) or result in the violation
of any provision of state law including but not limited to section 18-12-108
(4)(c), C.R.S., involving acts which, if committed by an adult, would
constitute a burglary, arson, or any felony involving the use of force or the
use of a deadly weapon.
SECTION 37. In Colorado Revised Statutes, 24-37.5-903, amend
(1) as follows:
24-37.5-903. Colorado broadband office - creation -
responsibilities - gifts, grants, or donations. (1) The Colorado broadband
office is hereby created in the office. The Colorado broadband office shall
exercise IS A TYPE 1 ENTITY AND EXERCISES its powers and perform
PERFORMS its duties and functions under the office. as if the Colorado
broadband office were transferred to the office by a type 1 transfer as
defined in section 24-1-105.
SECTION 38. In Colorado Revised Statutes, 24-72-703, amend
(9)(b) as follows:
24-72-703. Sealing of records - general provisions - order
applicability - discovery and advisements. (9) Advisements. (b) In
addition to, and not in lieu of, the requirement described in subsection (9)(a)
of this section:
(I) If a defendant is sentenced to probation following a conviction
for an offense described in sections 24-72-706 to 24-72-708, the probation
department, upon the termination of the defendant's probation, shall provide
the defendant with a written advisement of his or her rights concerning the
sealing of his or her conviction records pursuant to this section if he or she
complies with the applicable provisions of this section; or
(II) If a defendant is released on parole following a conviction for
an offense described in sections 24-72-706 to 24-72-708, the defendant's
parole officer, upon the termination of the defendant's parole, shall provide
the defendant with a written advisement of his or her rights concerning the
sealing of his or her conviction records pursuant to this section if he or she
complies with the applicable provisions of this section.
PAGE 17-HOUSE BILL 23-1301 (VIII) A prosecuting attorney's access to records pursuant to this
subsection (2) does not require a court order.
SECTION 39. In Colorado Revised Statutes, 24-75-229, amend
(3)(a) as follows:
24-75-229. Affordable housing and home ownership cash fund
- creation - allowable uses - task force - legislative declaration -
definitions - repeal. (3) (a) The affordable housing and home ownership
cash fund is hereby created in the state treasury. The fund consists of money
deposited in the fund in accordance with subsection (3)(b) of this section
and any other money that the general assembly may appropriate or transfer
to the fund. To respond to the public health emergency with respect to
COVID-19 or its negative economic impacts or for the provision of
government services, the general assembly may appropriate or transfer
money from the fund to a department or cash fund for programs or services
that benefit populations, households, or geographic areas disproportionately
affected by the COVID-19 public health emergency to obtain affordable
housing, focusing on programs or services that address housing insecurity,
lack of affordable and workforce housing, or homelessness. Money from
the fund may be expended to support the task force created in subsection
(5)(a) PURSUANT TO SUBSECTION (6)(a) of this section. Permissible uses of
such money include costs associated with the creation and administration
of the task force and related expenses for research and evaluation
undertaken by the task force.
SECTION 40. In Colorado Revised Statutes, 25-1.5-115.5, amend
(1) introductory portion, (2), (3), and (4) as follows:
25-1.5-115.5. Fentanyl prevention and education campaign -
website. (1) Subject to available appropriations, beginning in the 2022-23
state fiscal year, the department shall develop, implement, and maintain an
ongoing statewide prevention and education campaign to address the
fentanyl education needs in the state. In the prevention and education
campaign, the
PREVENTION SERVICES division shall provide information to
the general public about fentanyl, its dangers, precautionary measures to
avoid risks and prevent harm caused by fentanyl, resources for addiction
treatment and services, and laws regarding fentanyl, including criminal
penalties and immunity for reporting an overdose event pursuant to section
18-1-711. Any unexpended money remaining at the end of the 2022-23 state
PAGE 18-HOUSE BILL 23-1301 fiscal year from this appropriation:
(2) In furtherance of the goals of the fentanyl prevention and
education campaign, the
PREVENTION SERVICES division may use television
advertising, radio broadcasts, print media, digital strategies, or any other
media deemed necessary and appropriate by the division to reach the target
audiences of the campaign.
(3) In furtherance of the goals of the fentanyl prevention and
education campaign, the
PREVENTION SERVICES division shall provide at
least five regional training sessions during the 2022-23 state fiscal year for
community partners to implement youth health development strategies.
(4) In furtherance of the goals of the fentanyl prevention and
education campaign, the
PREVENTION SERVICES division shall develop,
implement, and maintain a website to serve as the state resource for the
most accurate and timely information regarding fentanyl. At a minimum, the
website must include information concerning fentanyl, its dangers,
precautionary measures to avoid risks and prevent harm caused by fentanyl,
resources for addiction treatment and services, and laws regarding fentanyl,
including criminal penalties and immunity for reporting an overdose event
pursuant to section 18-1-711.
SECTION 41. In Colorado Revised Statutes, 25-7-105, amend
(1)(e)(X.4) as follows:
25-7-105. Duties of commission - technical secretary - rules -
legislative declaration - definitions. (1) Except as provided in sections
25-7-130 and 25-7-131, the commission shall promulgate rules that are
consistent with the legislative declaration set forth in section 25-7-102 and
necessary for the proper implementation and administration of this article
7, including:
(e) (X.4) No later than September 1, 2022, the commission shall
propose rules establishing recovered methane protocols, as that term is
defined in section 40-3.2-108 (2)(q)
40-3.2-108 (2)(p), for at least inactive
coal mines, biomethane as that term is defined in section 40-3.2-108 (2)(a),
and gas system leaks, and a crediting and tracking system for recovered
methane as that term is defined in section 40-3.2-108 (2)(o)
40-3.2-108
(2)(n). The commission shall adopt the rules no later than February 1, 2023.
PAGE 19-HOUSE BILL 23-1301 The rule-making proceeding is subject to the procedural requirements of
this subsection (1)(e).
SECTION 42. In Colorado Revised Statutes, amend 25-7-125 as
follows:
25-7-125. Organization within department of public health and
environment. The air quality control commission, together with the
technical secretary under said commission, shall exercise IS A TYPE 1
ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES its powers and
perform PERFORMS its duties and functions specified in this article in UNDER
the department of public health and environment. as if the same were
transferred to the department by a type 1 transfer, as such transfer is defined
in the "Administrative Organization Act of 1968", article 1 of title 24,
C.R.S.
SECTION 43. In Colorado Revised Statutes, 25-8-901, amend (1)
introductory portion, (1)(b), and (5) as follows:
25-8-901. Definitions. As used in this part 9, unless the context
otherwise requires:
(1) "Child care center" has the meaning set forth in section 26-6-102
(5) 26-6-903 (5); except that "child care center" does not include:
(b) A children's resident camp, as defined in section 26-6-102 (8)
26.5-5-303 (5).
(5) "Family child care home" has the meaning set forth in section
26-6-102 (13) 26.5-5-303 (7).
SECTION 44. In Colorado Revised Statutes, 25.5-2-104, amend
(4) as follows:
25.5-2-104. State-funded health and medical care. (4) State
medical assistance must be funded by state funds only, except to the extent
federal funds are made available through express written authorization
through a federal waiver, state plan amendment, or otherwise, by the
FEDERAL centers for medicare and medicaid services.
PAGE 20-HOUSE BILL 23-1301 SECTION 45. In Colorado Revised Statutes, 25.5-4-203, amend
(1)(a) as follows:
25.5-4-203. Advisory council established. (1) There is created the
state medical assistance and services advisory council, referred to in this
article 4 as the "advisory council", consisting of sixteen members, as
follows:
(a) The executive director of the state department and the executive
director of the department of
PUBLIC health AND ENVIRONMENT , the
executive directors' designees, or the executive directors' successors in
function, as ex officio members; and
SECTION 46. In Colorado Revised Statutes, 25.5-4-301, amend
(14)(b) as follows:
25.5-4-301. Recoveries - overpayments - penalties - interest -
adjustments - liens - review or audit procedures. (14) Notwithstanding
any provision of this section to the contrary:
(b) A provider enrolled in the medicaid program shall permit the
FEDERAL centers for medicare and medicaid services or its agent or
designated contractors and the state department or its agent to conduct
unannounced, on-site inspections of any and all provider locations. Payment
for any agent designated by the state department to perform on-site
inspections shall not be based on any recoveries paid to the state department
by a provider for violations discovered as a result of the on-site inspection.
SECTION 47. In Colorado Revised Statutes, 25.5-4-401.2, amend
(3) introductory portion as follows:
25.5-4-401.2. Performance-based payments - reporting - repeal.
(3) On or before November 1, 2017, and on or before November 1 each
year thereafter, the state department shall submit a report to the joint budget
committee, the public health care and human services committee of the
house of representatives, and the health and human services committee of
the senate, or any successor committees, describing rules adopted by the
state board and contract provisions approved by the
FEDERAL centers for
medicare and medicaid services in the preceding calendar year that
authorize payments to providers based on performance. Notwithstanding the
PAGE 21-HOUSE BILL 23-1301 provisions of section 24-1-136 (11)(a)(I), the report required pursuant to
this subsection (3) continues indefinitely. The report must include, at a
minimum:
SECTION 48. In Colorado Revised Statutes, 25.5-4-402, amend
(3)(a) as follows:
25.5-4-402. Providers - hospital reimbursement - hospital review
program - rules. (3) (a) In addition to the reimbursement rate process
described in subsection (1) of this section and subject to adequate funding
being made available pursuant to section 25.5-4-402.4, the Colorado
healthcare affordability and sustainability enterprise created in section
25.5-4-402.4 (3) shall pay an additional amount based upon performance to
those hospitals that provide services that improve health-care outcomes for
their patients. The state department shall determine this amount based upon
nationally recognized performance measures established in rules adopted
by the state board. The state quality standards must be consistent with
federal quality standards published by an organization with expertise in
health-care quality, including but not limited to, the
FEDERAL centers for
medicare and medicaid services, the agency for healthcare research and
quality, or the national quality forum.
SECTION 49. In Colorado Revised Statutes, 25.5-4-505, amend
(1) as follows:
25.5-4-505. Federal authorization related to persons involved in
the criminal justice system - assessment - report - repeal. (1) The state
department shall evaluate and determine whether the state should seek
additional federal authority to provide screening, brief intervention, and
care coordination services through the medical assistance program to
persons immediately prior to release from jail or a department of corrections
facility and to improve processes for determining and redetermining
individuals for medical assistance eligibility in order to improve continuity
and access to health-care services. If the state department determines that
securing additional federal authority will ensure improved access to care
and continuity of care for individuals involved in the criminal justice
system, the state department shall, subject to available resources, seek
approval from the
FEDERAL centers for medicare and medicaid services for
any additional federal authority. If the state department seeks approval, it
shall notify the members of the house of representatives public and
PAGE 22-HOUSE BILL 23-1301 behavioral health and human services committee and the senate health and
human services committee, or their successor committees, and the members
of the joint budget committee of the general assembly. If the state
department receives federal approval, the state department, subject to
available resources, shall provide the benefits described in this subsection
(1).
SECTION 50. In Colorado Revised Statutes, 25.5-5-308, amend
(2)(a)(I)(B), (4)(b)(II)(B), and (5)(b) as follows:
25.5-5-308. Breast and cervical cancer prevention and treatment
program - creation - legislative declaration - definitions - funds - repeal.
(2) As used in this section, unless the context otherwise requires:
(a) "Eligible person" means a person who:
(I) (B) Has been screened for breast or cervical cancer by any
provider, within the provider's scope of practice, who does not receive
funds through the
FEDERAL centers for disease control and prevention's
national breast and cervical cancer early detection program but whose
screening activities are recognized by the department of public health and
environment as part of screening activities under the centers for disease
control and prevention's national breast and cervical cancer early detection
program;
(4) (b) Benefits for medical assistance to an eligible person shall
also be available for the following period of presumptive eligibility:
(II) Such period of presumptive eligibility shall end with the earlier
of:
(B) If the eligible person does not file a simplified application for
medical assistance developed by the state department and approved by the
FEDERAL centers for medicare and medicaid services on or before the last
day of the month following the month during which the eligible person was
found to be qualified for services under this section, then benefits shall end
on such last day.
(5) The state department shall have the following powers and duties:
PAGE 23-HOUSE BILL 23-1301 (b) To amend the state's medical assistance plan to incorporate the
breast and cervical cancer prevention and treatment program. The state
department shall submit such proposed amendment to the
FEDERAL centers
for medicare and medicaid services regional office for approval.
SECTION 51. In Colorado Revised Statutes, 25.5-5-323, amend
(3)(d) introductory portion as follows:
25.5-5-323. Complex rehabilitation technology - no prior
authorization - metrics - report - rules - legislative declaration -
definitions. (3) The state department shall provide a separate recognition
within the state's medicaid program established under articles 4, 5, and 6 of
this title for complex rehabilitation technology and shall make other
required changes to protect client access to appropriate products and
services. Such separate recognition must take into consideration the
customized nature of complex rehabilitation technology and the broad range
of related services necessary to meet the unique medical and functional
needs of clients and include the following:
(d) Continuing pricing policies for complex rehabilitation
technology, unless specifically prohibited by the
FEDERAL centers for
medicare and medicaid services, including the following:
SECTION 52. In Colorado Revised Statutes, 25.5-6-409.3, amend
(2) and (4) as follows:
25.5-6-409.3. Consolidated waiver - intellectual and
developmental disabilities - conflict-free case management - legislative
declaration - repeal. (2) The state department shall establish a redesigned
medicaid waiver for home- and community-based services for adults with
intellectual and developmental disabilities, effective July 1, 2016, or as soon
as the
FEDERAL centers for medicare and medicaid services approves the
redesigned waiver.
(4) The state department shall notify the joint budget committee no
later than June 1, 2016, if the
FEDERAL centers for medicare and medicaid
services has not approved a single consolidated medicaid waiver for home-
and community-based services for adults with intellectual and
developmental disabilities. If the state department has not received approval
from the
FEDERAL centers for medicare and medicaid services by July 1,
PAGE 24-HOUSE BILL 23-1301 2016, the joint budget committee shall establish a notification and review
process relating to the status of the pending waiver consolidation process.
SECTION 53. In Colorado Revised Statutes, 26-5-102, amend
(3)(b) introductory portion as follows:
26-5-102. Provision of child welfare services - system reform
goals - out-of-home placements for children and youth with intellectual
and developmental disabilities - reporting - rules - definition.
(3) (b) The state department shall promulgate rules concerning the
placement of children or youth in the program. The rules must include, but
need not be limited to, quality assurance monitoring, admissions, discharge
planning, appropriate length of stay, and an appeals process for children or
youth who are determined to be ineligible for the program or who are being
removed from the program before meeting discharge criteria, as defined by
the child's or youth's treatment plan, and without the consent of a parent,
legal guardian, or county department. The rules regarding the appeals
process must include access to the interdisciplinary appeals review panel,
referenced in section 26-6-106 (3)
26.5-5-314 (5). For an appeal pursuant
to this subsection (3)(b), the panel shall include the members appointed
pursuant to section 26-6-106 (3)
26.5-5-314 (5) and, at a minimum:
SECTION 54. In Colorado Revised Statutes, 26-6-905, amend (10)
as follows:
26-6-905. Licenses - out-of-state notices and consent -
demonstration pilot program - definition - rules. (10) The state
department shall not issue a license to operate a residential or day treatment
child care facility, foster care home, or child placement agency if the person
applying for the license or an affiliate of the applicant, a person employed
by the applicant, or a person who resides with the applicant at the facility
has been determined to be insane or mentally incompetent by a court of
competent jurisdiction and, if the court enters, pursuant to part 3 or part 4
of article 14 of title 15, or section 27-65-109 (4)
27-65-110 (4) or
27-65-127, an order specifically finding that the mental incompetency or
insanity is of such a degree that the applicant is incapable of operating a
residential or day treatment child care facility, foster care home, or child
placement agency, the record of such determination and entry of such order
being conclusive evidence thereof.
PAGE 25-HOUSE BILL 23-1301 SECTION 55. In Colorado Revised Statutes, 26-6-914, amend
(2)(c) and (6)(a)(I)(C) as follows:
26-6-914. Denial of license - suspension - revocation - probation
- refusal to renew license - fines - definitions. (2) The department may
deny an application, or suspend, revoke, or make probationary the license,
of any facility or agency regulated and licensed pursuant to this part 9 or
assess a fine against the licensee pursuant to section 26-6-921 if the
licensee, an affiliate of the licensee, a person employed by the licensee, or
a person who resides with the licensee at the facility or agency:
(c) Is determined to be insane or mentally incompetent by a court of
competent jurisdiction and, a court has entered, pursuant to part 3 or part 4
of article 14 of title 15, or section 27-65-109 (4)
27-65-110 (4) or
27-65-127, an order specifically finding that the mental incompetency or
insanity is of such a degree that the licensee is incapable of operating a
facility or agency, the record of such determination and entry of such order
being conclusive evidence thereof; or
(6) (a) (I) The state department shall deny an application for a
license under the circumstances described in section 26-6-905 (8). The state
department shall revoke or suspend a license previously issued if:
(C) The licensee, an affiliate of the licensee, a person employed by
the licensee, or a person who resides with the licensee at the facility or
agency has been determined to be insane or mentally incompetent by a court
of competent jurisdiction and a court has entered, pursuant to part 3 or part
4 of article 14 of title 15, or section 27-65-109 (4)
27-65-110 (4) or
27-65-127, an order specifically finding that the mental incompetency or
insanity is of such a degree that the licensee is incapable of operating a
facility or agency, the record of such determination and entry of such order
being conclusive evidence thereof.
SECTION 56. In Colorado Revised Statutes, 26-6.8-102, amend
(2)(d)(I) as follows:
26-6.8-102. Tony Grampsas youth services program - creation
- standards - applications. (2) (d) (I) The youth services program fund is
created in the state treasury. The principal of the fund consists of tobacco
litigation settlement money transferred by the state treasurer to the fund
PAGE 26-HOUSE BILL 23-1301 pursuant to section 24-75-1104.5 (1.7)(e). Subject to annual appropriation
by the general assembly, the state department may expend money from the
fund for the Tony Grampsas youth services program, including the
compensation of youth members of the Tony Grampsas youth services
board, as described in section 26-6.8-103 (1)(e)(II). All unexpended and
unencumbered money appropriated to the fund at the end of a fiscal year
remains available for expenditure by the state department for the Tony
Grampsas youth services program in the following fiscal year without
further appropriation and must not be transferred or revert to the general
fund state
at the end of a fiscal year.
SECTION 57. In Colorado Revised Statutes, 26-7.5-104.5, amend
(2) and (3) introductory portion as follows:
26-7.5-104.5. Domestic violence and sexual assault coalitions -
contracts - duties - coalition agreements with programs. (2) A coalition
that enters into a contract or agreement with the
STATE department shall, at
a minimum, provide training and technical assistance for domestic violence,
sexual assault, or culturally specific programs and other nongovernmental
and governmental service providers.
(3) A coalition that enters into a contract or agreement with the
STATE department may:
SECTION 58. In Colorado Revised Statutes, 26.5-4-104, amend
(2)(a) as follows:
26.5-4-104. Colorado child care assistance program -
department authority - cooperation with federal government -
acceptance and administration of money. (2) (a) The department may
accept on behalf of the state of Colorado the provisions and benefits of acts
of congress designed to provide money or other property for the Colorado
child care assistance program, which money or other property is designated
for purposes within the function of the department, and may accept on
behalf of the state any offers that have been or may from time to time be
made of money or other property by any persons, agencies, or entities for
the Colorado child care assistance program, which money or other property
is designated for purposes within the function of the state
department;
except that, unless otherwise expressly provided by law, the department
shall not accept said money or other property unless the department has
PAGE 27-HOUSE BILL 23-1301 recommended acceptance to and received the written approval of the
governor and the attorney general. Approval of the governor and the
attorney general authorizes the acceptance of the money or property in
accordance with the restrictions and conditions and for the purposes for
which the money or property is intended.
SECTION 59. In Colorado Revised Statutes, 26.5-4-112, amend
(2) as follows:
26.5-4-112. Exemptions - requirements. (2) As a prerequisite to
entering into a valid CCCAP contract with a county office or to being a
party to any other payment agreement for the provision of care for a child
whose care is funded in whole or in part with money received on the child's
behalf from publicly funded state child care assistance programs, an exempt
family child care home provider shall sign an attestation that affirms the
provider, and any qualified adult residing in the exempt family child care
home, has not been determined to be insane or mentally incompetent by a
court of competent jurisdiction and a court has not entered, pursuant to part
3 or 4 of article 14 of title 15, or section 27-65-109 (4)
27-65-110 (4) or
27-65-127, an order specifically finding that the mental incompetency or
insanity is of such a degree that the provider cannot safely operate an
exempt family child care home.
SECTION 60. In Colorado Revised Statutes, 26.5-4-119, amend
(2) and (3) as follows:
26.5-4-119. State income tax refund offset - rules. (2) As a
condition of certifying an overpayment to the department of revenue as
provided in subsection (1) of this section, the department shall ensure that
the obligated person has been afforded the opportunity for a conference at
the county department level and the opportunity for an appeal to the
department pursuant to section 26.5-4-108. In addition, the department,
prior to final certification of the information specified in subsection (1) of
this section to the department of revenue, shall notify the obligated person,
in writing, at the person's last known address, that the state intends to refer
the person's name to the department of revenue in an attempt to offset the
obligation against the person's state income tax refund. The notification
must inform the obligated person of the opportunity for a conference with
the county department and of the opportunity for an appeal to the state
department pursuant to section 26.5-4-108. In addition, the notice must
PAGE 28-HOUSE BILL 23-1301 specify issues that the obligated person may raise at an evidentiary
conference or on appeal, as provided by this subsection (2), in objecting to
the offset and must specify that the obligated person may not object to the
fact that an overpayment occurred. If the obligated person desires an
evidentiary conference or appeal as provided in this subsection (2), the
person must request the conference or appeal within thirty days after the
date on which the notice was mailed.
(3) Upon receiving notice from the department of revenue of
amounts deposited with the state treasurer pursuant to section 39-21-108,
the state
department shall disburse the amounts to the appropriate county to
process for distribution to the state or local agency to whom the person is
obligated.
SECTION 61. In Colorado Revised Statutes, 26.5-4-208, amend
(1)(d) and (1)(e) as follows:
26.5-4-208. Preschool provider funding - per-child rates - local
contribution - distribution and use of money - definitions - repeal.
(1) (d) In addition to distributing funding based on the per-child rates
established pursuant to subsection (1)(a) of this section, the department may
by rule distribute funding to achieve a specified purpose, which may include
funding for administrative units to provide special education services
through the preschool program and funding for measures related to
recruiting, training, and retaining preschool educators. The department may
choose to distribute funding pursuant to this subsection (1)(d) only after the
department allocates the amounts necessary to fund preschool services for
eligible children who are three years of age or younger, up to the amounts
described in subsection (2)(c)
SUBSECTION (3)(c) of this section, and to fully
fund universal preschool services for all eligible children who enroll.
(e) In establishing the formulas and other distribution amounts, the
department shall consult with the rules advisory council, the early childhood
leadership commission, and members of the early childhood community,
including parents of preschool-age children, preschool educators, preschool
providers, early childhood councils, school districts, charter schools,
representatives of county departments of human services and
OR social
services, local coordinating organizations, and individuals with financial
expertise in public and private funding sources for early childhood services.
PAGE 29-HOUSE BILL 23-1301 SECTION 62. In Colorado Revised Statutes, 26.5-5-303, amend
(17)(a) as follows:
26.5-5-303. Definitions - repeal. As used in this part 3, unless the
context otherwise requires:
(17) (a) "Neighborhood youth organization" means a nonprofit
organization that provides programs and services, as described in section
26-6-103.7 SECTION 26.5-5-308, to children, youth, and families through
comprehensive wraparound supports to ensure positive growth and
development during childhood and adolescence, and is designed to serve
youth as young as five years of age who are enrolled in kindergarten and as
old as eighteen years of age.
SECTION 63. In Colorado Revised Statutes, 26.5-5-309, amend
(5) as follows:
26.5-5-309. Licenses - definition - rules. (5) The department shall
not issue a license to operate an agency or facility defined in this part 3 if
the person applying for the license or an affiliate of the applicant, a person
employed by the applicant, or a person who resides with the applicant at the
facility, has been determined to be insane or mentally incompetent by a
court of competent jurisdiction and a court has entered, pursuant to part 3
or part 4 of article 14 of title 15 or section 27-65-109 (4)
27-65-110 (4) or
27-65-127, an order specifically finding that the mental incompetency or
insanity is of such a degree that the applicant is incapable of operating a
family child care home or child care center. The record of the determination
and entry of the order are conclusive evidence of the determination.
SECTION 64. In Colorado Revised Statutes, 26.5-5-317, amend
(2)(c) as follows:
26.5-5-317. Denial of license - suspension - revocation -
probation - refusal to renew license - fines. (2) The department may deny
an application, or suspend, revoke, or make probationary the license of any
facility regulated and licensed under this part 3 or assess a fine against the
licensee pursuant to section 26.5-5-323 if the licensee, an affiliate of the
licensee, a person employed by the licensee, or a person who resides with
the licensee at the facility:
PAGE 30-HOUSE BILL 23-1301 (c) Is determined to be insane or mentally incompetent by a court
of competent jurisdiction and, if a court enters, pursuant to part 3 or part 4
of article 14 of title 15, or section 27-65-109 (4)
27-65-110 (4) or
27-65-127, an order specifically finding that the mental incompetency or
insanity is of such a degree that the licensee is incapable of operating a
family child care home or child care center, the record of such
determination and entry of such order being conclusive evidence thereof;
or
SECTION 65. In Colorado Revised Statutes, 26.5-5-326, amend
(1)(c), (4)(b), and (6) as follows:
26.5-5-326. Exempt family child care home providers -
fingerprint-based criminal history record check - child care assistance
program money - temporary care - rules - definitions. (1) (c) A
qualified provider or qualified adult who undergoes an FCC shall, with
submittal of fingerprints, pay to the state
department a fee established by
department rule pursuant to subsection (6) of this section to offset the costs
associated with processing the FCC through the Colorado bureau of
investigation and the federal bureau of investigation.
(4) The department or a county department shall not issue or renew
a contract to provide money pursuant to the Colorado child care assistance
program pursuant to part 1 of article 4 of this title 26.5 to a qualified
provider if the qualified provider or a qualified adult:
(b) Has been determined to be insane or mentally incompetent by
a court of competent jurisdiction and a court has entered, pursuant to part
3 or 4 of article 14 of title 15, or section 27-65-109 (4)
27-65-110 (4) or
27-65-127, an order specifically finding that the mental incompetency or
insanity is of such a degree that the qualified provider cannot safely operate
a child care home. The record of the determination and entry of the order
are conclusive evidence thereof. A qualified provider shall sign an
attestation affirming the lack of such a finding prior to entering into or
renewing a contract for money under the Colorado child care assistance
program, pursuant to section 26.5-4-112 (2).
(6) The executive director shall promulgate rules to establish the
amount of the fee to collect from a qualified provider or qualified adult who
is subject to an FCC pursuant to subsection (1) of this section or a
PAGE 31-HOUSE BILL 23-1301 name-based judicial record check pursuant to subsection (2) of this section.
The state department is authorized to collect the fee at the time of the FCC
or name-based judicial record check.
SECTION 66. In Colorado Revised Statutes, 26.5-5-329, amend
(1) as follows:
26.5-5-329. Testing for the presence of lead in drinking water in
child care centers and family child care homes - compliance with public
health requirements - repeal. (1) Each child care center and, unless it has
opted out pursuant to section 25-8-903 (1)(a)
25-8-903 (9), each family
child care home shall comply with the requirements of part 9 of article 8 of
title 25 concerning testing of water in child care centers, family child care
homes, and eligible schools.
SECTION 67. In Colorado Revised Statutes, 27-60-104, amend (1)
and (3.5) as follows:
27-60-104. Behavioral health crisis response system - crisis
service facilities - walk-in centers - mobile response units - report.
(1) All behavioral health entities, crisis walk-in centers, acute treatment
units, mobile crisis programs, respite services, and crisis stabilization units
within the crisis response system, regardless of program licensure, shall
meet standards for approval pursuant to section 27-66-105. Facility-based
crisis service providers must be approved or designated to adequately care
for an individual brought to the facility through the emergency mental
health procedure described in section 27-65-105
27-65-106 and be an
approved treatment facility pursuant to section 27-81-106. The
arrangements for care must be completed through the crisis response system
or prearranged partnerships with other crisis intervention services.
(3.5) Mobile crisis programs and crisis walk-in centers shall provide
crisis response screening services to any individual seeking such services,
including youth of any age and an individual with a disability, as defined in
the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101
et seq., as amended, regardless of primary diagnosis, co-occurring
conditions, or if the individual requires assistance with activities of daily
living, as defined in section 12-270-104. All additional or corresponding
behavioral health services beyond the crisis response screening must be
provided in accordance with all applicable state laws, including, but not
PAGE 32-HOUSE BILL 23-1301 limited to, sections 12-245-203.5, 13-22-102, and 27-65-103, AND
27-65-104.
SECTION 68. In Colorado Revised Statutes, 27-60-301, amend (3)
as follows:
27-60-301. Definitions. As used in this part 3, unless the context
otherwise requires:
(3) "Behavioral health provider" means a recovery community
organization as defined in section 27-80-126, a recovery support services
organization as defined in section 27-60-108, or a licensed organization or
professional that provides diagnostic, therapeutic, or psychological services
for behavioral health conditions. Behavioral health providers include a
residential child care facility, as defined in section 26-6-102
26-6-903 (29),
and a federally qualified health center as defined in the federal "Social
Security Act", 42 U.S.C. sec. 1395x (aa)(4).
SECTION 69. In Colorado Revised Statutes, 27-60-403, amend
(2)(a) introductory portion, (2)(b) and (2)(c) as follows:
27-60-403. Grant program application - criteria - award - rules.
(2) (a) There is created in the BHA an early intervention, deflection, and
redirection from the criminal justice system grant review committee to
review grant applications and make recommendations to the BHA and
department of public safety. The commissioner of the BHA shall ensure that
the composition of the
REVIEW committee is racially, ethnically, and
geographically diverse and representative of communities most impacted by
the criminal justice system. The
REVIEW committee consists of the
following members:
(b) Members of the
REVIEW committee serve without compensation
and without reimbursement for expenses. Members of the review committee
shall disclose any conflicts of interest, including whether the member
represents an organization that may seek a grant from the grant program.
(c) The
REVIEW committee shall review applications for grants
submitted pursuant to this section and make recommendations to the BHA
and department of public safety about which applicants should receive
grants and the amount of each grant.
PAGE 33-HOUSE BILL 23-1301 SECTION 70. In Colorado Revised Statutes, 27-64-103, amend (1)
as follows:
27-64-103. 988 crisis hotline enterprise - creation - powers and
duties. (1) There is created in the behavioral health administration the 988
crisis hotline enterprise. The enterprise is and operates as a
government-owned business within the BHA for the business purpose of
imposing charges pursuant to subsections (4)(a) and (4)(b) of this section,
and utilizing the charges' revenue to fund the 988 crisis hotline and provide
crisis outreach, stabilization, and acute care to individuals calling the 988
crisis hotline. The enterprise
IS A TYPE 1 ENTITY, AS DEFINED IN SECTION
24-1-105, AND exercises its power and performs its duties as if the same
were transferred by a type 1 transfer, as defined in section 24-1-105, to AND
FUNCTIONS UNDER
the BHA.
SECTION 71. In Colorado Revised Statutes, 30-20-602, amend
(4.3)(b) as follows:
30-20-602. Definitions. As used in this part 6, unless the context
otherwise requires:
(4.3) "Qualified community location" means:
(b) If the affected local electric utility is an investor-owned utility,
a community solar garden, as that term is defined in section 40-2-127 (2),
or a community geothermal garden, as that term is defined in section
42-2-127.5 (2)
40-2-127.5 (2).
SECTION 72. In Colorado Revised Statutes, 30-20-603, amend
(1)(a) as follows:
30-20-603. Improvements and funding authorized - how
instituted - conditions - definitions. (1) (a) A district may be formed in
accordance with the requirements of this part 6 for the purpose of
constructing, installing, acquiring, or funding, in whole or in part, any
public improvement, so long as the county that forms the district is
authorized to provide such improvement or provide for such funding under
the county's home rule charter, if any, or the laws of this state. Public
improvements or the funding thereof shall not include any facility identified
in section 30-20-101 (8) or (9). No such district shall provide the same
PAGE 34-HOUSE BILL 23-1301 improvement as an existing special district within the territory of such
existing special district unless the existing special district consents. The
improvements authorized by this part 6 may consist, without limitation, of
constructing, grading, paving, pouring, curbing, guttering, lining, or
otherwise improving the whole or any part of any street or providing street
lighting, drainage facilities, or service improvements, in the unincorporated
area of a county or wholly or partly within the boundaries of any
municipality within the county if such municipality consents by ordinance
to such improvements. If improvements within a municipality are so
included in a county improvement district by municipal consent, the county
shall have full authority to construct or acquire such improvements, to
assess property within such municipality benefited by such improvements,
and to enforce and collect such assessments, in the manner provided in this
part 6. The improvements authorized by this part 6 may include, without
limitation, the construction of sidewalks adjacent to any such streets or
maintenance roads adjacent to any such drainage facilities. Prior to the
establishment of any improvement district for the purpose of providing
street lighting, arrangements, by contract or otherwise, must be established
under which the owners of property included within such district shall be
responsible for the maintenance and operation of such street lighting
improvement. The costs of maintenance and operation of such street
lighting improvements shall not be paid from the county general fund.
Drainage facilities shall not be provided in any area which is within an
existing drainage district organized or created pursuant to law without the
approval of such district. The term "service" as used in this paragraph (a)
includes the services provided by a public utility as defined in section
40-1-103, C.R.S.,
as well as advanced service as defined in section
29-27-102 (1), C.R.S., cable television service as defined in section
29-27-102 (2), C.R.S., telecommunications service as defined in section
40-15-102 (29), C.R.S., geothermal heat suppliers as defined in section
40-40-103, C.R.S., and information service as defined in 47 U.S.C. sec. 153
(20) 47 U.S.C. SEC. 153 (24), or any successor section.
SECTION 73. In Colorado Revised Statutes, 31-25-501, amend
(3.5)(b) as follows:
31-25-501. Definitions. As used in this part 5, unless the context
otherwise requires:
(3.5) "Qualified community location" means:
PAGE 35-HOUSE BILL 23-1301 (b) If the affected local electric utility is an investor-owned utility,
a community solar garden as that term is defined in section 40-2-127 (2), or
a community geothermal garden as that term is defined in section
42-2-127.5 (2)
40-2-127.5 (2).
SECTION 74. In Colorado Revised Statutes, 31-31-1104, amend
(5) as follows:
31-31-1104. Merger into the statewide retirement plan. (5) The
merger is intended to be consistent with the requirements under section
414(h) of the internal revenue code
414 (l) OF THE FEDERAL "INTERNAL
REVENUE CODE OF 1986", AS AMENDED, and shall not be considered a plan
termination and shall not result in a distributable event.
SECTION 75. In Colorado Revised Statutes, 31-31.5-101, amend
(5)(f) as follows:
31-31.5-101. Establishment of the statewide retirement plan -
definitions. (5) As used in this article 31.5, unless the context otherwise
requires:
(f) "Member" means an active employee who is a full-time salaried
employee of a municipality, fire protection district, fire authority, or county
improvement district normally serving at least one thousand six hundred
hours in any calendar year and whose duties are directly involved with the
provision of police or fire protection, as certified by the member's employer.
"Member" also includes an active employee who works less than sixteen
hundred hours per year but otherwise qualifies as a member and whose
employer elects to treat all such other similar employees as members. The
term does not include clerical or other personnel whose services are
auxiliary to police protection, or any volunteer firefighter, as such term is
defined in section 31-30-1102 (9). For the purpose of participation in the
statewide defined benefit plan pursuant to part 4 of this
article 31 OF THIS
TITLE
31, or the statewide money purchase plan pursuant to part 5 of thisarticle 31.5 ARTICLE 31 OF THIS TITLE 31, but not for the purpose of
participation in the statewide death and disability plan pursuant to part 8 of
this article 31.5
ARTICLE 31 OF THIS TITLE 31, the term may include clerical
or other personnel employed by a fire protection district, fire authority, or
county improvement district, whose services are auxiliary to fire protection.
For the purpose of eligibility for disability or survivor benefits, "member"
PAGE 36-HOUSE BILL 23-1301 includes any employee on an authorized leave of absence.
SECTION 76. In Colorado Revised Statutes, 31-31.5-203, amend
(3) as follows:
31-31.5-203. Department chief - exemption by written
agreement - definition. (3) A department chief exempted pursuant to
subsection (1) of this section may maintain coverage for disability and
survivor benefits under part 8 of this article
ARTICLE 31 OF THIS TITLE 31 if
the department chief participates in the statewide money purchase plan, the
statewide retirement plan, or a local money purchase plan that is qualified
under section 401 (a) of the federal "Internal Revenue Code of 1986" and
that has a contribution rate of not less than eighteen percent.
SECTION 77. In Colorado Revised Statutes, 31-31.5-402, amend
(4) introductory portion as follows:
31-31.5-402. Plan funding, actuarial valuation and adjustments
to maintain the actuarial soundness of the plan. (4) If in any year the
board determines pursuant to subsection (2) of this section that the cost of
the benefits described in part 5
THIS PART 4 may not be fully funded on an
actuarially sound basis, the board, in its discretion, may take the following
actions singularly or in any combination and in any order:
SECTION 78. In Colorado Revised Statutes, 31-31.5-406, amend
(2) as follows:
31-31.5-406. Optional survivor benefits. (2) If a member reaches
age eligibility for a normal, vested, or early retirement pension, and dies
before making an election allowed pursuant to subsection (1) of this section
or before the first pension payment has been deposited, and is survived by
a spouse, dependent child, or designated beneficiary, the member shall be
considered to have elected an actuarially reduced pension and retired on the
day before the member's death. Payable to the members spouse, dependent
child, or designated beneficiary, such reduced pension shall be payable to
the member's designated beneficiary. A spouse, dependent child, or
designated beneficiary of a member who has not yet reached age eligibility
may elect to receive an actuarially reduced benefit beginning on the date
that the member would have reached age eligibility in lieu of a death benefit
under part 8 of article 31
OF THIS TITLE 31 and in lieu of a refund of member
PAGE 37-HOUSE BILL 23-1301 contributions pursuant to section 31-31.5-411.
SECTION 79. In Colorado Revised Statutes, 32-9-119, amend
(1)(t) as follows:
32-9-119. Additional powers of district. (1) In addition to any
other powers granted to the district in this article, the district has the
following powers:
(t) To have the management, control, and supervision of all business
and affairs relating to any mass transportation facility authorized in this
article, subject to the provisions of section 32-9-119.5 for the operation of
the district's bus operations, or otherwise concerning the district, and of the
acquisition, improvement, equipment, operation, maintenance, and disposal
of any property relating to any such mass transportation facility; except that
the oversight of operations and facilities for safety purposes as required by
49 CFR 659, "Rail Fixed Guideway Systems; State Safety Oversight"
49
CFR
674, ENTITLED "STATE SAFETY OVERSIGHT", and article 18 of title 40,
C.R.S.,
shall be subject to the jurisdiction of the public utilities commission
of the state of Colorado;
SECTION 80. In Colorado Revised Statutes, 33-10.5-108, repeal
(3) as follows:
33-10.5-108. Division of parks and wildlife aquatic nuisance
species fund - creation. (3) Notwithstanding subsection (1) of this section,
on April 30, 2021, the state treasurer shall transfer one million six hundred
thousand nine hundred sixty-four dollars from the fund to the severance tax
operational fund created in section 39-29-109 (2)(b)(I).
SECTION 81. In Colorado Revised Statutes, amend 34-25-101 as
follows:
34-25-101. Jurisdiction of the courts. County courts in their
respective counties have original jurisdiction in prosecution for the violation
of section 34-24-103 (1). In all trials in the county courts, the defendants
shall be entitled to a trial by jury as in other misdemeanor cases. District
courts in their respective districts have original jurisdiction upon
information or indictment in all prosecutions for violations of this title.
PAGE 38-HOUSE BILL 23-1301 SECTION 82. In Colorado Revised Statutes, 34-60-132, amend
(5)(b) as follows:
34-60-132. Disclosure of chemicals used in downhole oil and gas
operations - chemical disclosure lists - community notification - reports
- definitions - rules - repeal. (5) Chemical disclosure lists. (b) (I) The
commission shall include in the chemical disclosure list an alphabetical list
of the names and Chemical Abstracts Service registry
numbers of each
chemical used in downhole operations at the well site.
(II) Notwithstanding any law to the contrary, the commission shall
include the names and Chemical Abstracts Service registry numbers of all
chemicals used in downhole operations in the chemical disclosure list and
shall not protect the names or Chemical Abstracts Service registry
numbers
of any chemical as a trade secret or proprietary information. Any formulas
and processes continue to have trade secret protections.
SECTION 83. In Colorado Revised Statutes, 38-12-102, amend (4)
as follows:
38-12-102. Definitions. As used in this part 1, unless the context
otherwise requires:
(4) "Normal wear and tear" means deterioration that occurs, based
upon the use for which a rental unit or mobile home space, as defined in
section 38-12-201.5 (7)
38-12-201.5 (6.5), is intended, without negligence,
carelessness, accident, or abuse of the premises or equipment or chattels by
the tenant or home owner or members of the tenant's or home owner's
household, or their invitees or guests.
SECTION 84. In Colorado Revised Statutes, 38-12-201.5, amend
(6.5) and (7) as follows:
38-12-201.5. Definitions. As used in this part 2 and in part 11 of
this article 12, unless the context otherwise requires:
(6.5) "Mobile home subdivision" or "manufactured home
subdivision" means any parcel of land that is divided into two or more
parcels, separate interests, or interests in common, where each parcel or
interest is owned by an individual or entity who owns both a mobile home
PAGE 39-HOUSE BILL 23-1301 and the land underneath the mobile home; except that a parcel is not a
"mobile home subdivision" or "manufactured home subdivision" when the
same owner owns a parcel or subdivided parcels or interests that are
collectively used for the continuous accommodation of five or more
occupied mobile homes and operated for the pecuniary benefit of the
landowner or their agents, lessees, or assignees. "MOBILE HOME SPACE",
"
SPACE", "MOBILE HOME LOT", OR "LOT" MEANS A PARCEL OF LAND WITHIN
A MOBILE HOME PARK DESIGNATED BY THE MANAGEMENT TO
ACCOMMODATE ONE MOBILE HOME AND ITS ACCESSORY BUILDINGS AND TO
WHICH THE REQUIRED SEWER AND UTILITY CONNECTIONS ARE PROVIDED BY
THE PARK
.
(7) "Mobile home space", "space", "mobile home lot", or "lot"
means a parcel of land within a mobile home park designated by the
management to accommodate one mobile home and its accessory buildings
and to which the required sewer and utility connections are provided by the
park. "MOBILE HOME SUBDIVISION " OR "MANUFACTURED HOME
SUBDIVISION
" MEANS ANY PARCEL OF LAND THAT IS DIVIDED INTO TWO OR
MORE PARCELS
, SEPARATE INTERESTS, OR INTERESTS IN COMMON, WHERE
EACH PARCEL OR INTEREST IS OWNED BY AN INDIVIDUAL OR ENTITY WHO
OWNS BOTH A MOBILE HOME AND THE LAND UNDERNEATH THE MOBILE
HOME
; EXCEPT THAT A PARCEL IS NOT A "MOBILE HOME SUBDIVISION" OR
"MANUFACTURED HOME SUBDIVISION " WHEN THE SAME OWNER OWNS A
PARCEL OR SUBDIVIDED PARCELS OR INTERESTS THAT ARE COLLECTIVELY
USED FOR THE CONTINUOUS ACCOMMODATION OF FIVE OR MORE OCCUPIED
MOBILE HOMES AND OPERATED FOR THE PECUNIARY BENEFIT OF THE
LANDOWNER OR THEIR AGENTS
, LESSEES, OR ASSIGNEES.
SECTION 85. In Colorado Revised Statutes, 39-9-101, amend (2)
as follows:
39-9-101. State board of equalization. (2) Except as otherwise
provided in section 2-2-326, each member is entitled to receive a per diem
allowance of fifty dollars for each day spent attending meetings or hearings
of the state board of equalization or otherwise spent discharging the
member's duties as a member of the board; except that a member shall not
receive the per diem allowance provided for in this subsection (2) for any
day for which the member receives a per diem allowance from the state
under any other statute and except that a member shall not receive the per
diem allowance provided for in this subsection (2) if the member receives
PAGE 40-HOUSE BILL 23-1301 a salary from the state for a full-time position with the state. Except as
otherwise provided in section 2-2-326, each member of the board is entitled
to receive
REIMBURSEMENT FOR actual and necessary expenses incurred in
performing the member's duties as a member of the board. The members
appointed by the governor serve at the pleasure of the governor but shall not
serve for more than four consecutive years unless reappointed by the
governor and reconfirmed by the senate at the conclusion of the four years.
Vacancies in either of the appointed positions on the board shall be filled
by appointment by the governor with the consent of the senate for the
unexpired term.
SECTION 86. In Colorado Revised Statutes, 39-22-547, amend
(2)(e) as follows:
39-22-547. Early childhood educator income tax credit - tax
preference performance statement - legislative declaration - definitions
- repeal. (2) As used in this section, unless the context otherwise requires:
(e) "Family child care home" has the same meaning as set forth in
section 26-6-102 (13)
26.5-5-303 (7).
SECTION 87. In Colorado Revised Statutes, 39-26-721, amend (1)
and (2) as follows:
39-26-721. Manufactured homes and tiny homes. (1) Forty-eight
percent of the purchase price of a manufactured home, as defined in section
42-1-102 (106)(b)
42-1-102 (48.8), is exempt from taxation under part 1 of
this article 26; except that the entire purchase price in any subsequent sale
of such a manufactured home, after it has been once subject to the payment
of sales tax by virtue of section 39-26-113, is exempt from taxation under
part 1 of this article 26.
(2) The storage, use, or consumption of a manufactured home, as
defined in section 42-1-102 (106)(b)
42-1-102 (48.8), after the
manufactured home has been once subject to the payment of use tax by
virtue of section 39-26-208, is exempt from taxation under part 2 of this
article 26.
SECTION 88. In Colorado Revised Statutes, 39-29-109, amend
(2)(b)(III) as follows:
PAGE 41-HOUSE BILL 23-1301 39-29-109. Severance tax trust fund - created - administration
- distribution of money - legislative declaration - repeal. (2) State
severance tax receipts must be credited to the severance tax trust fund as
provided in section 39-29-108. All income derived from the deposit and
investment of the money in the fund must be credited to the fund. At the end
of any fiscal year, all unexpended and unencumbered money in the fund
remains in the fund and must not be credited or transferred to the general
fund or any other fund. All money in the fund is subject to appropriation by
the general assembly for the following purposes:
(b) The severance tax operational fund. (III) The fund also
includes amounts that were transferred to natural resources and energy grant
programs under section 39-29-109.3 and that were transferred back to the
fund in accordance with subsection (2)(c)(V) of this section and sections
24-33-111 (2)(a)(I)(C), 33-10.5-108 (3),
37-60-126 (12)(a)(V), and
37-75-107 (3).
SECTION 89. In Colorado Revised Statutes, 40-18-101, amend (5)
as follows:
40-18-101. Definitions. As used in this article 18, unless the context
otherwise requires:
(5) "System safety program standard" means a safety standard
developed by the commission in conformance with 49 CFR 659, "Rail
Fixed Guideway Systems; State Safety Oversight" 49 CFR 674, ENTITLED
"STATE SAFETY OVERSIGHT".
SECTION 90. In Colorado Revised Statutes, 40-18-103, amend
(1)(d) and (2) as follows:
40-18-103. Commission to promulgate rules. (1) The commission
shall promulgate rules as are necessary to:
(d) Require that system safety program standards comply with the
requirements of 49 CFR 659, "Rail Fixed Guideway Systems; State Safety
Oversight" 49 CFR 674, ENTITLED "STATE SAFETY OVERSIGHT", at a
minimum, and also adequately address the issue of personal security.
(2) The commission shall promulgate rules to establish a system
PAGE 42-HOUSE BILL 23-1301 safety oversight program for rail fixed guideway systems operating within
the state that, at a minimum, meets the requirements of 49 CFR 659, "Rail
Fixed Guideway Systems; State Safety Oversight" 49 CFR 674, ENTITLED
"STATE SAFETY OVERSIGHT".
SECTION 91. In Colorado Revised Statutes, 43-1-127, amend
(4)(d)(I) as follows:
43-1-127. Registration of carpooling service internet
applications - limitations - disclosure - definitions. (4) As used in this
section, unless the context otherwise requires:
(d) (I) "Metropolitan area" means a metropolitan planning area
designated by agreement of a governor and a metropolitan planning
organization, as those terms are defined in 49 U.S.C. sec. 5302 (8)
49
U.S.C.
SEC. 5302 (9) and 49 U.S.C. sec. 5303 (b)(1) and (b)(2) of the
"Federal Transit Act", as amended.
SECTION 92. In Colorado Revised Statutes, 43-4-205, amend
(5.5)(c) as follows:
43-4-205. Allocation of fund. (5.5) The following highway users
tax fund revenues shall be allocated and expended in accordance with the
formula specified in subsection (5) of this section:
(c) Revenues from driver's license fees, motor vehicle title and
registration fees, and motorist insurance identification fees that are credited
to the fund pursuant to sections 42-2-132 (4)(b), 42-3-304 (18)(d)(I),
42-2-132 (4)(b) and 42-3-306 (6) and (7), including any of those fees that are paid by the owner of special mobile machinery that is covered by a registration exempt certificate issued by the department in accordance with section 42-3-107 (16)(g);
SECTION 93. In Colorado Revised Statutes, 43-4-217, amend
(1)(e) and (1)(f) as follows:
43-4-217. Additional funding - road usage fees - rules -
legislative declaration - definitions. (1) The general assembly hereby
finds and declares that:
PAGE 43-HOUSE BILL 23-1301 (e) Because motor fuel consumption is reasonably related to use of
and impact on the transportation system, it is fair to fee payers, reasonable,
and appropriate to calculate the amount of the road use
USAGE fee based on
their motor fuel consumption;
(f) It is also fair to fee payers, reasonable, and appropriate to
streamline fee collection by collecting the road use USAGE fee from
distributors of motor fuels when motor fuel taxes are collected because the
amount of the fee will be incorporated into the retail price of motor fuel and
therefore passed on to users of the transportation system in precise
proportion to their consumption of motor fuel and in reasonable relation to
their use of and impact on the transportation system; and
SECTION 94. In Colorado Revised Statutes, 43-4-1103, amend
(2)(a)(I) introductory portion; and repeal (2)(a)(IV) as follows:
43-4-1103. Multimodal transportation options fund - creation -
revenue sources for fund - use of fund. (2) (a) (I) Except as otherwise
provided in subsections (2)(a)(IV) and (2)(d)
SUBSECTION (2)(d) of this
section, subject to annual appropriation by the general assembly, money
must be expended from the fund as follows:
(IV) (A) On July 1, 2021, the state treasurer shall transfer twelve
million dollars from the fund to the fund created in section 43-4-1002 for
the purpose of providing additional funding for the Southwest Chief La
Junta route restoration program.
(B) On February 15, 2022, the state treasurer shall transfer two
million five hundred thousand dollars to the fund created in section
43-4-1002.
SECTION 95. In Colorado Revised Statutes, 43-10-107, amend (2)
as follows:
43-10-107. Office of director of division created - transfer.
(2) The division, the office of director thereof, and the board shall ARE
TYPE
1 ENTITIES, AS DEFINED IN SECTION 24-1-105, AND exercise their
powers and perform their duties and functions specified in this article under
the department of transportation. as if the same were transferred to the
department by a type 1 transfer, as such transfer is defined in the
PAGE 44-HOUSE BILL 23-1301 "Administrative Organization Act of 1968", article 1 of title 24, C.R.S.
SECTION 96. In Colorado Revised Statutes, 44-30-1201, repeal
(5)(a)(III), (5)(d)(III), (6), (7), (8), (9), (10), (11), (12), and (13) as follows:
44-30-1201. State historical fund - administration - legislative
declaration - state museum cash fund - rules - definition.
(5) (a) (III) Notwithstanding the findings in subsection (5)(a)(II) of this
section, as a result of the severe losses in gaming revenues and earned
revenues of the state historical society caused by the COVID-19 pandemic,
the general assembly finds it of critical importance to support the needs of
the society and, consistent with the preservation purposes of the state
historical fund, to allow a limited amount of money normally used for
grants to be transferred to the museum and preservation operations account
for the fiscal years commencing July 1, 2020, and July 1, 2021, only.
(d) (III) On or before October 1, 2008, the state treasurer shall
transfer from the state historical fund to the state museum cash fund created
pursuant to section 24-80-214 the sum of three million dollars. On or before
October 1, 2009, the state treasurer shall transfer from the state historical
fund to the state museum cash fund the sum of two million dollars. On or
before October 1, 2010, the state treasurer shall transfer from the state
historical fund to the state museum cash fund the sum of two million
dollars.
(6) For the fiscal year commencing July 1, 2014, the state treasurer
shall transfer one million dollars from the state historical fund at the
beginning of the fiscal year to the capital construction fund created in
section 24-75-302 for historic renovation of the state house of
representatives' chambers and the state senate's chambers.
(7) For the fiscal year commencing July 1, 2015, the state treasurer
shall transfer one million dollars from the preservation grant program
account of the state historical fund at the beginning of the fiscal year to the
capital construction fund created in section 24-75-302 for historic
renovation of the state house of representatives' chambers and the state
senate's chambers.
(8) For the fiscal year commencing July 1, 2016, the state treasurer
shall transfer one million dollars from the preservation grant program
PAGE 45-HOUSE BILL 23-1301 account of the state historical fund at the beginning of the fiscal year to the
capital construction fund created in section 24-75-302 for historic
renovation of the state house of representatives' chambers and the state
senate's chambers.
(9) For the fiscal year commencing July 1, 2017, the state treasurer
shall transfer one million dollars from the preservation grant program
account of the state historical fund on October 1, 2017, to the capital
construction fund created in section 24-75-302 to restore the windows and
granite exterior of the state capitol building.
(10) For the fiscal year commencing July 1, 2018, the state treasurer
shall transfer eight hundred fifty thousand dollars from the preservation
grant program account of the state historical fund on October 1, 2018, to the
legislative department cash fund created in section 2-2-1601 to restore the
old supreme court chamber in the state capitol building.
(11) For the fiscal year commencing July 1, 2018, the state treasurer
shall transfer one hundred fifty thousand dollars from the preservation grant
program account of the state historical fund on October 1, 2018, to the
capital construction fund created in section 24-75-302 for historical
property rehabilitation in the capitol complex.
(12) For the state fiscal year commencing July 1, 2019, the state
treasurer shall transfer one million dollars from the preservation grant
program account of the state historical fund on October 1, 2019, to the
capital construction fund created in section 24-75-302 for repainting of the
interior of the dome of the state capitol building. On July 1, 2020, the state
treasurer shall transfer an amount equal to the unencumbered portion of the
money provided pursuant to this subsection (12) as of such date for
repainting the interior of the dome of the state capitol building from the
capital construction fund created in section 24-75-302 to the museum and
preservation operations account created in subsection (5)(c)(I)(B) of this
section.
(13) Notwithstanding any other provision of this section to the
contrary, for each of the state fiscal years commencing July 1, 2020, and
July 1, 2021, the state historical society is authorized to direct the state
treasurer to transfer a cumulative total of up to one million dollars from the
preservation grant program account created in subsection (5)(c)(I)(A) of this
PAGE 46-HOUSE BILL 23-1301 section to the museum and preservation operations account created in
subsection (5)(c)(I)(B) of this section.
SECTION 97. Amend section 11 of House Bill 23-1225 as follows:
Section 11. Act subject to petition - effective date. Section 4 of
this act takes effect January 1, 2025, and the remainder of this act takes
effect at 12:01 a.m. on the day following the expiration of the ninety-day
period after final adjournment of the general assembly; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2024
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor; except that section 4 of this act takes
effect January 1, 2026
2025.
SECTION 98. Act subject to petition - effective date. (1) This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 47-HOUSE BILL 23-1301 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
(2) Section 97 of this act takes effect only if House Bill 23-1225
becomes law, in which case section 97 takes effect on the effective date of
this act or House Bill 23-1225, whichever is later.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 48-HOUSE BILL 23-1301 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).
PAGE 49-HOUSE BILL 23-1301 C.R.S.
Section
Section
in bill
Reason for Amendment
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.)
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
PAGE 50-HOUSE BILL 23-1301 C.R.S.
Section
Section
in bill
Reason for Amendment
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,
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
PAGE 51-HOUSE BILL 23-1301 C.R.S.
Section
Section
in bill
Reason for Amendment
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.)
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
PAGE 52-HOUSE BILL 23-1301 C.R.S.
Section
Section
in bill
Reason for Amendment
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
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
PAGE 53-HOUSE BILL 23-1301 C.R.S.
Section
Section
in bill
Reason for Amendment
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.)
25-1.5-115.5
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
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).
PAGE 54-HOUSE BILL 23-1301 C.R.S.
Section
Section
in bill
Reason for Amendment
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).
26-6-905 (10) 54 Changes cross references to correspond 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).
PAGE 55-HOUSE BILL 23-1301 C.R.S.
Section
Section
in bill
Reason for Amendment
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).
26.5-5-317 (2)(c) 64 See section 54 of this act amending section
26-6-905 (10).
PAGE 56-HOUSE BILL 23-1301 C.R.S.
Section
Section
in bill
Reason for Amendment
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).
PAGE 57-HOUSE BILL 23-1301 C.R.S.
Section
Section
in bill
Reason for Amendment
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
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
PAGE 58-HOUSE BILL 23-1301 C.R.S.
Section
Section
in bill
Reason for Amendment
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.
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
PAGE 59-HOUSE BILL 23-1301 C.R.S.
Section
Section
in bill
Reason for Amendment
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,
not the highway users' tax fund. (See
SB14-194, chapter 346, page 1551, Session
Laws of Colorado 2014.)
43-4-217
(1)(e) and (1)(f)
93 Changes "road use fee" to "road usage fee" to
be consistent with the name of the fee
imposed pursuant to section 43-4-217 (3) and
(4). (See SB21-260, chapter 250, page 1419,
Session Laws of Colorado 2021.)
43-4-1103
IP(2)(a)(I) and
(2)(a)(IV)
94 See section 80 of this act amending section
33-10.5-108 (3).
43-10-107 (2) 95 See section 10 of this act amending section
12-10-603 (2)(b).
44-30-1201
(5)(a)(III), (5)(d)(III),
(6), (7), (8), (9), (10),
(11), (12), and (13)
96 See section 80 of this act amending section
33-10.5-108 (3).
House Bill 23-1225
Petition Clause
Section 11
97 Corrects the effective date in section 11 of
House Bill 23-1225.
PAGE 60-HOUSE BILL 23-1301