SENATE 3rd Reading Unamended May 1, 2012 SENATE 2nd Reading Unamended April 30, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0794.01 Nate Carr x2584 SENATE BILL 12-176 SENATE SPONSORSHIP Brophy, Guzman, Morse, Roberts, Schwartz HOUSE SPONSORSHIP Labuda, Gardner B., Levy, Murray, Waller Senate Committees House Committees Judiciary A BILL FOR AN ACT Concerning nonsubstantive revisions of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, inconsistent, and conflicting provisions of law and clarifying the language to reflect the legislative intent of the laws. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Committee on Legal Services - Revisor's Bill. This bill amends or repeals various statutory provisions that are obsolete, inconsistent, or in conflict with other law, clarifies the language to more accurately reflect the legislative intent of the laws, and reconstructs provisions to follow standard drafting format. The specific reasons for each amendment or repeal are set forth in the appendix to this bill. The amendments made by this bill are nonsubstantive in nature and, as such, are not intended to change the meaning or intent of the statutes, as amended. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 1-2-213, amend (2) (e) as follows: 1-2-213. Registration at driver's license examination facilities. (2) (e) The department of revenue, through its local driver's license examination facilities, shall notify a program participant, as defined in section 24-30-2103 (8) 24-30-2103 (9), C.R.S., who submits a current and valid address confidentiality program authorization card of the provisions of section 24-30-2108 (4), C.R.S., and inform the participant about how he or she may use a substitute address, as defined in section 24-30-2103 (13) 24-30-2103 (14), C.R.S., on the driver's license or identification card. SECTION 2. In Colorado Revised Statutes, 2-3-1203, amend (3) (dd) (III) and (3) (dd) (IV) as follows: 2-3-1203. Sunset review of advisory committees. (3) The following dates are the dates for which the statutory authorization for the designated advisory committees is scheduled for repeal: (dd) July 1, 2017: (III) Each of the local advisory boards for state and veterans nursing homes, created in section 26-12-121, C.R.S.; (IV) The board of commissioners of state and veterans nursing homes, created in section 26-12-402, C.R.S.; SECTION 3. In Colorado Revised Statutes, 3-1-132, repeal (4) (c) as follows: 3-1-132. Air corps technical school - Denver. (4) (c) Subsections (1), (2), and (3) of this section are repealed on May 1, 1994. SECTION 4. In Colorado Revised Statutes, 4-9.7-106, amend (d), (e) (1) (B), and (e) (1) (C) as follows: 4-9.7-106. Duties of filing officer. (d) The secretary of state may remove a notice of lien from the records of the secretary of state one year after the notice expires in accordance with section 4-9.7-104 (d) 4-9.7-104 (c). (e) The secretary of state shall communicate or otherwise make available in a record the following information to any person that requests the information: (1) Whether there is on file on a date and time specified by the secretary of state any notice of lien or notice of amendment that: (B) Has not expired under section 4-9.7-104 (d) 4-9.7-104 (c); and (C) If the request so states, has expired under section 4-9.7-104 (d) 4-9.7-104 (c) and a record of which is maintained by the secretary of state under subsection (d) of this section; SECTION 5. In Colorado Revised Statutes, 6-16-104, amend (6) (a) as follows: 6-16-104. Charitable organizations - initial registration - annual filing - fees. (6) The following shall not be required to file a registration statement: (a) Persons that are exempt from filing a federal annual information return pursuant to 26 U.S.C. sec. 6033 (a) (2), (3) (A) (I), (3) (A) (III), or (3) (C) (i) (a) (3) (A) (i), (a) (3) (A) (iii), or (a) (3) (C) (i) or pursuant to 26 CFR 1.6033-2 (g) (1) (i) to (g) (1) (iv) or (g) (1) (vii); SECTION 6. In Colorado Revised Statutes, 7-90-102, repeal and reenact, with amendments, (61.3) and (61.4) as follows: 7-90-102. Definitions. As used in this title, except as otherwise defined for the purpose of any section, subpart, part, or article of this title, or unless the context otherwise requires: (61.3) "Statement of conversion" means a statement of conversion as described in section 7-90-201.7. (61.4) "Statement of correction" means a statement of correction as described in section 7-90-305. SECTION 7. In Colorado Revised Statutes, 7-90-203.7, amend (1) introductory portion and (2) introductory portion as follows: 7-90-203.7. Statement of merger - when merger effective. (1) After a merger is approved in accordance with section 7-90-203 7-90-203.4, if any merging entity is an entity for which a constituent filed document has been filed by the secretary of state, the surviving entity shall deliver to the secretary of state, for filing pursuant to part 3 of this article, a statement of merger that shall state: (2) After a merger is approved in accordance with section 7-90-203 7-90-203.4, if no merging entity is an entity for which a constituent filed document has been filed by the secretary of state, the surviving entity may deliver to the secretary of state, for filing pursuant to part 3 of this article, a statement of merger that shall state: SECTION 8. In Colorado Revised Statutes, 8-70-103, amend (6.5) as follows: 8-70-103. Definitions. As used in articles 70 to 82 of this title, unless the context otherwise requires: (6.5) "Chargeable wages" means those wages paid to an individual employee during a calendar year on which the employer of that employee is required to pay premiums as provided by article 76 of this title, including all wages subject to a tax under federal law, which imposes a tax against which credit may be taken for premiums required to be paid into a state unemployment fund. For each calendar year, chargeable wages is the first ten thousand dollars paid to an individual; except that, effective January 1, 2012, chargeable wages for each calendar year is the first eleven thousand dollars paid to an individual and except that, after receipt by the revisor of statutes of written notice under December 31 of the calendar year in which the revisor of statutes receives the written report pursuant to section 8-76-102.5 (1) indicating that the fund balance of the unemployment compensation fund on any June 30 is equal to or greater than zero dollars and all advances in accordance with the conditions specified in Title XII of the federal "Social Security Act", as amended, have been repaid, chargeable wages for the following calendar year is the first eleven thousand dollars paid to an individual, adjusted by the change in the average weekly earnings prescribed in section 8-73-102, rounded to the nearest one hundred dollars. As used in articles 70 to 82 of this title, chargeable wages paid includes chargeable wages constructively paid as well as chargeable wages actually paid. SECTION 9. In Colorado Revised Statutes, 8-70-114, amend (2) (g) (III) (A) as follows: 8-70-114. Employing unit - definitions - rules - employee leasing company certification fund - repeal. (2) (g) (III) Each employee leasing company shall annually certify and provide evidence to the department that it meets one of the following criteria to provide securitization of unemployment premiums: (A) Execute and file a surety bond or deposit with the division money or a letter of credit equivalent to fifty percent of the average annual amount of unemployment premium assessed within the previous calendar year for all covered employees regardless of the election made pursuant to subparagraph (VII) of paragraph (b) of this subsection (2). For a new employee leasing company, the initial bond amount will be the standard premium rate, as determined pursuant to section 8-76-103, multiplied by fifty percent of the estimated projected chargeable payroll for the current calendar year as estimated by the employee leasing company. This sub-subparagraph (A) is repealed, effective upon receipt by December 31 of the calendar year in which the revisor of statutes of receives the written notice under report pursuant to section 8-76-102.5 (1) indicating that the fund balance of the unemployment compensation fund on any June 30 is equal to or greater than zero dollars and all advances in accordance with the conditions specified in Title XII of the federal "Social Security Act", as amended, have been repaid. SECTION 10. In Colorado Revised Statutes, 8-72-110, amend (2) (a) (II) as follows: 8-72-110. Reciprocal interstate agreements - repeal. (2) (a) (II) This paragraph (a) is repealed, effective upon receipt by December 31 of the calendar year in which the revisor of statutes of written notice under receives the written report pursuant to section 8-76-102.5 (1) indicating that the fund balance of the unemployment compensation fund on any June 30 is equal to or greater than zero dollars and all advances in accordance with the conditions specified in Title XII of the federal "Social Security Act", as amended, have been repaid. SECTION 11. In Colorado Revised Statutes, 8-73-104, amend (2) (a) (II) as follows: 8-73-104. Duration of benefits - repeal. (2) (a) (II) This paragraph (a) is repealed, effective upon receipt by December 31 of the calendar year in which the revisor of statutes of written notice under receives the written report pursuant to section 8-76-102.5 (1) indicating that the fund balance of the unemployment compensation fund on any June 30 is equal to or greater than zero dollars and all advances in accordance with the conditions specified in Title XII of the federal "Social Security Act", as amended, have been repaid. SECTION 12. In Colorado Revised Statutes, 8-75-203, amend (1) (a) (II) as follows: 8-75-203. Work share program - work share plan - eligibility of employer - approval - denial - repeal. (1) (a) (II) This paragraph (a) is repealed, effective upon receipt by December 31 of the calendar year in which the revisor of statutes of written notice under receives the written report pursuant to section 8-76-102.5 (1) indicating that the fund balance of the unemployment compensation fund on any June 30 is equal to or greater than zero dollars and all advances in accordance with the conditions specified in Title XII of the federal "Social Security Act", as amended, have been repaid. SECTION 13. In Colorado Revised Statutes, 8-76-102, amend (6) as follows: 8-76-102. Rate of premiums - surcharge - repeal. (6) This section is repealed, effective upon receipt by the December 31 of the calendar year in which the revisor of statutes of written notice under receives the written report pursuant to section 8-76-102.5 (1) indicating that the fund balance of the unemployment compensation fund on any June 30 is equal to or greater than zero dollars and all advances in accordance with Title XII of the federal "Social Security Act", as amended, have been repaid. SECTION 14. In Colorado Revised Statutes, 8-76-103, amend (8) as follows: 8-76-103. Future rates based on benefit experience - definitions - repeal. (8) This section is repealed, effective upon receipt by the December 31 of the calendar year in which the revisor of statutes of written notice under receives the written report pursuant to section 8-76-102.5 (1) indicating that the fund balance of the unemployment compensation fund on any June 30 is equal to or greater than zero dollars and all advances in accordance with the conditions specified in Title XII of the federal "Social Security Act", as amended, have been repaid. SECTION 15. In Colorado Revised Statutes, 8-76-104, amend (1) (c) (I) (B) as follows: 8-76-104. Transfer of experience - assignment of rates - definitions - repeal. (1) (c) (I) (B) This subparagraph (I) is repealed, effective upon receipt by the December 31 of the calendar year in which the revisor of statutes of written notice under receives the written report pursuant to section 8-76-102.5 (1) indicating that the fund balance of the unemployment compensation fund on any June 30 is equal to or greater than zero dollars and all advances in accordance with the conditions specified in Title XII of the federal "Social Security Act", as amended, have been repaid. SECTION 16. In Colorado Revised Statutes, 8-77-109, amend (1) (a) (II) and (2) (a.9) (I) (B) as follows: 8-77-109. Employment support fund - employment and training technology fund - created - uses - repeal. (1) (a) (II) This paragraph (a) is repealed, effective upon receipt by the December 31 of the calendar year in which the revisor of statutes of written notice under receives the written report pursuant to section 8-76-102.5 (1) indicating that the fund balance of the unemployment compensation fund on any June 30 is equal to or greater than zero dollars and all advances in accordance with the conditions specified in Title XII of the federal "Social Security Act", as amended, have been repaid. (2) (a.9) (I) (B) This subparagraph (I) is repealed, effective upon receipt by the December 31 of the calendar year in which the revisor of statutes of written notice under receives the written report pursuant to section 8-76-102.5 (1) indicating that the fund balance of the unemployment compensation fund on any June 30 is equal to or greater than zero dollars and all advances in accordance with the conditions specified in Title XII of the federal "Social Security Act", as amended, have been repaid. SECTION 17. In Colorado Revised Statutes, 8-79-104, amend (1) (a) (I) (B) as follows: 8-79-104. Failure to file true report - penalty - repeal. (1) (a) (I) (B) This subparagraph (I) is repealed, effective upon receipt by the December 31 of the calendar year in which the revisor of statutes of written notice under receives the written report pursuant to section 8-76-102.5 (1) indicating that the fund balance of the unemployment compensation fund on any June 30 is equal to or greater than zero dollars and all advances in accordance with the conditions specified in Title XII of the federal "Social Security Act", as amended, have been repaid. SECTION 18. In Colorado Revised Statutes, 9-5.5-114, amend (6) as follows: 9-5.5-114. Periodic inspections and registrations - rules. (6) The owner or lessee shall pay a fee in an amount determined by the administrator for a certificate of operation issued by the administrator. The administrator shall set the fee in accordance with section 24-4-104 24-4-103, C.R.S., to approximate the actual cost of issuing a certificate of operation. SECTION 19. In Colorado Revised Statutes, 10-4-633.5, amend (3) introductory portion as follows: 10-4-633.5. Automobile insurance policies - plain language required - rules. (3) For purposes of subsection subsections (1) and (2) of this section, the following shall apply: SECTION 20. In Colorado Revised Statutes, 10-16-104, amend (5) as follows: 10-16-104. Mandatory coverage provisions - definitions. (5) Mental illness. (a) Every small group policy providing hospitalization or medical benefits by an entity subject to the provisions of part 2 or 3 of this article must provide benefits for conditions arising from mental illness at least equal to the following: (a) (I) In the case of basic coverage benefits based upon either confinement as an inpatient or partial hospitalization in a hospital or psychiatric hospital licensed by the department of public health and environment, the period of confinement for which benefits are payable shall be at least forty-five days for inpatient care or ninety days for partial hospitalization in any one twelve-month-benefit period. For the purpose of computing the period for which benefits are payable, each two days of partial hospitalization care shall reduce by one day the forty-five days available for inpatient care, and each day of inpatient care shall reduce by two days the ninety days available for partial hospitalization care. Each day of confinement as an inpatient or each two days of partial hospitalization shall reduce by one day the total days available for all other illnesses during any one twelve-month-benefit period. Each day of confinement as an inpatient in a hospital or psychiatric hospital or each two days of partial hospitalization shall reduce by one day the available days provided under subsection (9) of this section. For the purpose of this subsection (5), "partial hospitalization" means continuous treatment for at least three hours, but not more than twelve hours, in any twenty-four-hour period. (b) (I) (II) (A) In the case of major medical coverage, benefits shall cover outpatient services furnished by a comprehensive health care service corporation, a hospital, or a community mental health center or other mental health clinics approved by the department of human services to furnish mental health services; or furnished by a registered professional nurse within the scope of his or her license; or furnished by a licensed clinical social worker within the scope of his or her license; or furnished by or under the supervision of a licensed physician or licensed psychologist acting in compliance with part 3 of article 43 of title 12, C.R.S. Except as provided in subparagraph (II) of this paragraph (b) sub-subparagraph (B) of this subparagraph (II), the services provided under this paragraph (b) subparagraph (II) shall be under the direct supervision of a physician or a licensed psychologist acting in compliance with part 3 of article 43 of title 12, C.R.S. The patient records shall show that the attending physician or licensed psychologist acting in compliance with part 3 of article 43 of title 12, C.R.S., either saw the patient or had a written summary of consultations or a personal consultation with the therapist at least once every ninety days. (II) (B) If any mental health services are a benefit made available under major medical coverage or as a benefit made available by an entity subject to the provisions of part 3 of this article and such services are performed by a registered professional nurse or licensed clinical social worker, licensed professional counselor, or licensed marriage and family therapist who is licensed to practice in this state, reimbursement for these services shall not be denied and shall be made directly to the registered professional nurse, licensed clinical social worker, licensed professional counselor, or licensed marriage and family therapist when acting as an independent provider, whether or not such services are provided under the direct supervision of a physician or licensed psychologist. Nothing in this subparagraph (II) sub-subparagraph (B) shall be interpreted to expand the scope of professional nursing, licensed clinical social worker, licensed professional counselor, or licensed marriage and family therapist practice. (III) (C) For purposes of this subsection (5), "licensed clinical social worker" means a person who is licensed as a clinical social worker under part 4 of article 43 of title 12, C.R.S., and who has at least five years of experience in psychotherapy, as defined in section 12-43-201, C.R.S., under appropriate supervision, beyond a master's degree; "licensed professional counselor" means a person who is licensed as a professional counselor under part 6 of article 43 of title 12, C.R.S., and who has at least five years of experience in psychotherapy, as defined in section 12-43-201, C.R.S., under appropriate supervision, beyond a master's degree; and "licensed marriage and family therapist" means a person who is licensed as a marriage and family therapist under part 5 of article 43 of title 12, C.R.S., and who has at least five years of experience in psychotherapy, as defined in section 12-43-201, C.R.S., under appropriate supervision, beyond a master's degree. (c) (b) An entity subject to the provisions of part 2 or 3 of this article may establish a copayment or coinsurance requirement for mental illness, which may or may not differ from the copayment or coinsurance requirement established for any other condition or illness; except that copayment or coinsurance requirements for mental illness shall not exceed a fifty percent copayment or coinsurance requirement. Such entity may establish a deductible amount for mental illness, but such deductible amount shall not differ from the deductible amount for any other condition or illness. In addition, such entity may limit the aggregate benefits payable under paragraph (b) subparagraph (II) of paragraph (a) of this subsection (5) to an amount of not less than one thousand dollars in any one twelve-month benefit period or not less than twenty visits per year. (d) (I) (c) (I) No person shall disclose mental health history, diagnosis, or treatment services information received in an initial application for coverage or subsequent claims for benefits to any person, group, organization, or governmental agency, without written consent of the insured, except for purposes of obtaining professional review and judgments of quality and appropriateness of treatment rendered; for purposes of litigation proceedings involving the insured and when ordered by a court; for purposes of reinsurance, when required; for purposes of applying overinsurance provisions; and for purposes of claiming benefits for services on behalf of the insured. (II) A person shall not be required to report such person's social security number for the purpose of obtaining coverage or, after obtaining coverage, claiming benefits when not required by applicable federal statute or regulation. (e) (d) The commissioner may exempt from the requirements of paragraphs (a) and (b) paragraph (a) of this subsection (5) any small group policy or type of small group policy with respect to which the commissioner has determined that the prescribed mental illness benefits are inapplicable or inappropriate. (f) (e) The provisions of paragraphs (a) to (e) (d) of this subsection (5) shall apply to all small group policies issued, renewed, or reinstated on and after January 1, 1976. (g) (f) Every small group plan that is a health care service plan providing hospitalization or medical benefits under the provisions of part 4 of this article shall provide benefits for conditions arising from mental illness at least equal to the benefits required by this subsection (5). The health care service plan issued by an entity subject to the provisions of part 4 of this article may provide that the benefits required pursuant to this subsection (5) shall be covered benefits only if the services are rendered by a provider who is designated by and affiliated with the health maintenance organization. (h) (g) For purposes of this subsection (5), "mental illness" does not include autism. Autism shall be governed by the provisions of section 10-16-104.5. SECTION 21. In Colorado Revised Statutes, 10-16-107.3, amend (3) introductory portion as follows: 10-16-107.3. Health insurance policies - plain language required - rules. (3) For purposes of subsection subsections (1) and (2) of this section, the following shall apply: SECTION 22. In Colorado Revised Statutes, 11-71-103, amend (1) (e); and repeal (1) (f) as follows: 11-71-103. Applicability of article - confidentiality of compliance review committee documents. (1) This article applies to a compliance review committee the functions of which are to evaluate and seek to improve: (e) (I) The ability of electronic computing devices and any other computers, software programs, databases, network information systems, firmware, microprocessors, internal time clocks, hardware, or any other device used to interpret, produce, calculate, compute, generate, compare, account for, or sequence a date from, into, or between the years 1999 and 2000. (II) For purposes of this paragraph (e), "Electronic computing device" means any computer hardware or software, computer chip, embedded chip, process control equipment, or other information system that: (A) Is used to capture, store, manipulate, or process data; or (B) Controls, monitors, or assists in the operation of physical apparatus that is not primarily used as a computer but that relies on automation or digital technology to function, including but not limited to vehicles, vessels, buildings, structures, facilities, elevators, medical equipment, traffic signals, and factory machinery. (f) (I) Repealed. (II) For the purposes of this section: (A) "Electronic computing device" shall have the same meaning set forth in section 13-21-603 (2), C.R.S. (B) Repealed. SECTION 23. In Colorado Revised Statutes, 12-41-107, amend (1) (b) introductory portion as follows: 12-41-107. Licensure by examination. (1) Every applicant for a license by examination shall: (b) Pass a written examination in accordance with subsection (2) of this section that is: SECTION 24. In Colorado Revised Statutes, 12-41-109, amend (3) (a) as follows: 12-41-109. Licensure by endorsement. (3) The board shall issue a license if the applicant fulfills the requirements of subsection (1) of this section and meets any one of the following qualifying standards enumerated in paragraphs (a) to (c) of this subsection (3): (a) The applicant graduated from an accredited program within the past two years and passed an examination substantially equivalent to that specified in section 12-41-107 (2) 12-41-107 (1) (b); SECTION 25. In Colorado Revised Statutes, repeal and reenact, with amendments, 12-58-102 as follows: 12-58-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Board" means the examining board of plumbers. (2) "Colorado plumbing code" means a code established by the board that consists of standards for plumbing installation, plumbing materials, conservation, medical gas, sanitary drainage systems, and solar plumbing that could directly affect the potable water supply. (3) (a) "Conservation" means efficiency measures that meet national guidelines and standards and are tested and approved by a nationally recognized testing laboratory, including: (I) Water-efficient devices and fixtures; and (II) The use of locally produced materials, when practicable, to reduce transportation impacts. (b) When conservation conflicts with safety, the board shall give primary consideration to safety. (c) Nothing in this subsection (3) affects the board's authority to establish the Colorado plumbing code as specified in section 12-58-104.5. (4) "Gas piping" means any arrangement of piping used to convey fuel gas, supplied by one meter, and each arrangement of gas piping serving a building, structure, or premises, whether individually metered or not. "Gas piping" does not include the installation of gas appliances where existing service connections are already installed, nor does it include the installations, alterations, or maintenance of gas utilities owned by a public utility certified pursuant to article 5 of title 40, C.R.S., or a public utility owned or acquired by a city or town pursuant to article 32 of title 31, C.R.S. (5) "Journeyman plumber" means any person other than a master plumber, residential plumber, or plumber's apprentice who engages in or works at the actual installation, alteration, repair, and renovation of plumbing in accordance with the standards and rules established by the board. (6) "Master plumber" means a person who has the necessary qualifications, training, experience, and technical knowledge to properly plan, lay out, and install and repair plumbing apparatus and equipment including the supervision thereof in accordance with the standards and rules established by the board. (7) (a) "Plumbing" includes the following items located within the building or extending five feet from the building foundation, excluding any service line extending from the first joint to the property line: All potable water supply and distribution pipes and piping; all plumbing fixtures and traps; all drainage and vent pipes; all building drains, including their respective joints and connections, devices, receptacles, and appurtenances; all multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply; and all medical gas and vacuum systems in health care facilities. "Plumbing" does not include: (I) The installation, extension, alteration, or maintenance, including the related water piping and the indirect waste piping therefrom, of domestic appliances equipped with backflow preventers, including lawn sprinkling systems, residential ice makers, humidifiers, electrostatic filter washers, water heating appliances, water conditioning appliances not directly connected to the sanitary sewer system, building heating appliances and systems, fire protection systems except for multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply, air conditioning installations, process and industrial equipment and gas piping systems, or indirect drainage systems not a part of a sanitary sewer system; or (II) The repair and replacement of garbage disposal units and dishwashers directly connected to the sanitary sewer system, including the necessary replacement of all tail pipes and traps, or the repair, maintenance, and replacement of sinks, faucets, drains, showers, tubs, and toilets. (b) "Plumbing" does not include: (I) Installations, extensions, improvements, remodeling, additions, and alterations in water and sewer systems owned or acquired by counties pursuant to article 20 of title 30, C.R.S., cities and towns pursuant to article 35 of title 31, C.R.S., or water and sanitation districts pursuant to article 1 or article 4 of title 32, C.R.S.; or (II) Installations, extensions, improvements, remodeling, additions, and alterations performed by contractors employed by counties, cities, towns, or water and sewer districts that connect to the plumbing system within a property line; or (III) Performance, location, construction, alteration, installation, and use of individual sewage disposal systems pursuant to article 10 of title 25, C.R.S., that are located within a property line. (8) "Plumbing apprentice" means any person other than a master, journeyman, or residential plumber who, as his principal occupation, is engaged in learning and assisting in the installation of plumbing. (9) "Plumbing contractor" means any person, firm, partnership, corporation, association, or other organization that undertakes or offers to undertake for another the planning, laying out, supervising, installing, or making of additions, alterations, and repairs in the installation of plumbing. In order to act as a plumbing contractor, the person, firm, partnership, corporation, association, or other organization must either be or employ full-time a master plumber. (10) "Potable water" means water that is safe for drinking, culinary, and domestic purposes and that meets the requirements of the department of health. (11) "Residential plumber" means any person other than a master or journeyman plumber or plumbing apprentice who has the necessary qualifications, training, experience, and technical knowledge, as specified by the board, to install plumbing and equipment in one-, two-, three-, and four-family dwellings, which shall not extend more than two stories above ground. SECTION 26. In Colorado Revised Statutes, 12-58-104.5, amend (1) as follows: 12-58-104.5. Colorado plumbing code - amendments - variances. (1) In accordance with the provisions of article 4 of title 24, C.R.S., the board shall establish a Colorado plumbing code, as defined in section 12-58-102 (4) 12-58-102 (2). Such code shall represent the minimum standards for installation, alteration, and repair of plumbing equipment and systems throughout the state. SECTION 27. In Colorado Revised Statutes, amend 12-58-106.5 as follows: 12-58-106.5. Unauthorized use of title of plumbing contractor. No person shall advertise in any manner that such person is a plumbing contractor or use the title or designation of plumbing contractor unless such person meets the definition of plumbing contractor set out in section 12-58-102 (7) 12-58-102 (9). SECTION 28. In Colorado Revised Statutes, 12-64-105, amend (13) as follows: 12-64-105. Board of veterinary medicine - creation - powers. (13) The board shall consult with the state physical therapy board created in section 12-41-103.3 concerning rules that the director board intends to adopt with regard to physical therapy of animals. SECTION 29. In Colorado Revised Statutes, 13-80-101, repeal (1) (o) (II) as follows: 13-80-101. General limitation of actions - three years. (1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter: (o) (II) For purposes of this paragraph (o): (A) "Business" shall have the same meaning as set forth in section 13-21-603 (1). (B) "Electronic computing device" shall have the same meaning as set forth in section 13-21-603 (2). (C) Repealed. SECTION 30. In Colorado Revised Statutes, 14-10-122, amend (1.5) (c) (I) as follows: 14-10-122. Modification and termination of provisions for maintenance, support, and property disposition - automatic lien. (1.5) (c) Lien on personal property other than wages and moneys held by a financial institution as defined in 42 U.S.C. sec. 669a (d)(1) or motor vehicles. (I) To evidence a lien on personal property, other than wages and moneys held by a financial institution as defined in 42 U.S.C. sec. 669 (d) 669a (d)(1) or motor vehicles, created pursuant to this subsection (1.5), the state child support enforcement agency shall file a notice of lien with the secretary of state by means of direct electronic data transmission. From the time of filing the notice of lien with the secretary of state, such lien shall be an encumbrance in favor of the obligee, or the assignee of the obligee, and shall encumber all personal property or any interest of the obligor in any personal property. SECTION 31. In Colorado Revised Statutes, 16-11.5-102, amend (3) (a) as follows: 16-11.5-102. Substance abuse assessment - standardized procedure. (3) (a) The executive directors of the department of corrections, department of public safety, and department of human services and the state court administrator shall appoint six members, including the directors or designees of the division of adult parole, community corrections and youthful offender system, in the department of corrections; the division of criminal justice of the department of public safety; the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse; youth corrections within the department of human services; and the division of probation services in the judicial department, who shall cooperate to develop a plan for the allocation of moneys deposited in the drug offender surcharge fund created pursuant to section 18-19-103 (4), C.R.S., among the judicial department, the department of corrections, the division of criminal justice of the department of public safety, and the department of human services. The plan developed pursuant to this subsection (3) shall be submitted to the general assembly with the judicial department's annual budget request. SECTION 32. In Colorado Revised Statutes, 18-18-102, amend (34.5) (b) (VII) as follows: 18-18-102. Definitions. As used in this article: (34.5) (b) "Synthetic cannabinoid" includes but is not limited to the following substances: (VII) JWH-250: 1-pentyl-3-(2-methoxyphenylacetyl)indole, also known as 2-(2- methoxyphenyl)-1-(1-petylindol pentylindol-3-yl)ethanone; and SECTION 33. In Colorado Revised Statutes, 19-7-101, amend (1) as follows: 19-7-101. Legislative declaration. (1) The general assembly hereby finds and declares that youth in foster care, excluding those in the custody of the division of youth corrections or a state mental hospital, should enjoy the following: (a) To receive Receiving appropriate and reasonable adult guidance, support, and supervision in a safe, healthy, and comfortable environment where he or she is treated with respect and dignity; (b) To be Being free from physical, sexual, emotional, or other abuse or corporal punishment; (c) To receive Receiving adequate and healthy food, adequate clothing, and an adequate allowance, as appropriate; (d) To receive Receiving medical, dental, vision, and mental health services as needed; (e) To be Being free of the administration of prescription medication or other chemical substances, unless authorized by a physician; (f) To be Being free to contact those persons working on his or her behalf, including but not limited to, case workers, attorneys, foster youth advocates and supporters, court-appointed special advocates, and probation officers; (g) To be Being free to contact the child protection ombudsman, county department of social services, or the department of human services regarding any questions, concerns, or violations of the rights set forth in this article, and to speak to representatives of those offices privately and to be being free from threats or punishment for making complaints; (h) As appropriate, to make and receive making and receiving confidential telephone calls and to send and receive sending and receiving unopened mail in accordance with his or her permanency goals; (i) To be Being free to attend religious services and activities; (j) To be Being allowed to maintain an emancipation bank account and manage personal income, consistent with the youth's age and developmental level, unless prohibited by his or her case plan; (k) To be Being free from being abandoned or locked in a room; (l) To receive Receiving an appropriate education, have having access to transportation, and participate participating in extracurricular, cultural, and personal enrichment activities consistent with the youth's age and developmental level; (m) As appropriate, to be being free to work and develop job skills that are in accordance with his or her permanency goals; (n) As appropriate, to be being free to have social contacts with people outside the foster care system, such as teachers, church members, mentors, and friends in accordance with his or her permanency goals; (o) To be Being free to attend independent living classes if he or she meets program and age requirements; (p) To consult Consulting with the court conducting the youth's permanency hearing, in an age-appropriate manner, regarding the youth's permanency plan, pursuant to section 19-3-702 (3.7); (q) To have Having a safe place to store personal belongings; (r) As appropriate to his or her age and developmental level, to be being allowed to participate in and review his or her own case plan, if he or she is twelve years of age or older, and to receive information about his or her out-of-home placement and case plan, including being informed of any changes to the case plan; (s) To Confidentiality of all juvenile court records, consistent with existing law; (t) To have Having fair and equal access to available services, placement, care, treatment, and benefits based on his or her treatment plan and to not be not being subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group, national origin, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status; (u) At sixteen years of age or older, to have having access to existing information regarding the educational options available to him or her, including, but not limited to, the course work necessary for vocational and postsecondary educational programs, and information regarding financial aid available for postsecondary education; (v) To have Having school stability that presumes the youth will remain in the school in which he or she is enrolled at the time of placement, unless remaining in that school is not in his or her best interests; (w) To remain Remaining in the custody of his or her parent or legal guardian unless his or her welfare and safety or the protection of the public would be otherwise endangered and, in either case, the right that the court proceed with all possible speed to a legal determination that will serve his or her best interests pursuant to section 19-1-102; (x) To be Being placed in a home where the foster caregiver is aware of and understands the youth's unique history as it relates to his or her care; (y) To receive Receiving effective case management and planning that will prioritize the safe return of the youth to his or her family or move the youth on to other forms of permanent placement; (z) As appropriate to the youth's developmental level and if he or she is twelve years of age or older, to be being involved in meetings at which decisions are made about his or her future and to have having the child welfare agency bring together his or her family group and other supporters to decision-making meetings at which the group creates a plan for the youth's future; (aa) To Placement in the least restrictive setting appropriate to the youth's needs; (bb) To have Having a guardian ad litem appointed to represent the youth's best interests; and (cc) To live Living with or be being visited by his or her siblings. SECTION 34. In Colorado Revised Statutes, amend 22-32-128 as follows: 22-32-128. Use of school vehicles by residents of district. At times to be specified by the board of education of each school district, school vehicles used for the transportation of pupils pursuant to the provisions of section 22-32-113 shall be available to groups of five or more residents of the district who are sixty-five years of age or older for use within or without the district. The board of education of each school district of the state shall adopt policies regarding the reasonable use of such vehicles by groups of persons with special consideration being given those residents who are sixty-five years of age or older. Such school vehicles shall be covered by an insurance policy similar to, with limits not less than, the insurance coverage which that is in effect while said school vehicles are used for the transportation of pupils. To the extent that such policies provide for the reimbursement to the school district of all the expenses of the operation of such school vehicles as determined by the school district auditor, no such reimbursement shall constitute compensation, and it shall not subject the school district to the provisions of article 10 or 11 10.1 of title 40, C.R.S. The miles traveled and the costs expended under this article shall not be allowable for the computation of benefits accruing to a school district under the provisions of article 51 of this title. SECTION 35. In Colorado Revised Statutes, 23-41-104, amend (6) as follows: 23-41-104. Control - management. (6) The provisions of this section shall not affect the tax liability on property leased as authorized by this section or leasehold interest resulting therefrom of individuals or corporations which do not qualify for tax exemption pursuant to the provisions of sections 39-3-106 to 39-3-113 39-3-113.5 or 39-3-116, C.R.S. SECTION 36. In Colorado Revised Statutes, 24-1-114, amend (4) (b) as follows: 24-1-114. Department of higher education - creation. (4) For the purposes of section 22 of article IV of the state constitution, the following are allocated to the department of higher education but shall otherwise continue to be administered as provided by law: (b) The board of governors of the Colorado state university system, created by part 1 of article 30 of title 23, C.R.S.; Colorado state university, created by article 31 of title 23, C.R.S.; and Colorado state university - Pueblo, created by article 55 31.5 of title 23, C.R.S.; SECTION 37. In Colorado Revised Statutes, 24-1-120, amend (5) (k) as follows: 24-1-120. Department of human services - creation - repeal. (5) The department of human services shall include the following: (k) The board of commissioners of state and veterans nursing homes, created in section 26-12-402, C.R.S. Said board and its powers, duties, and functions are transferred by a type 2 transfer to the department of human services. SECTION 38. In Colorado Revised Statutes, 24-4-102, amend (3) (a) as follows: 24-4-102. Definitions. As used in this article, unless the context otherwise requires: (3) "Agency" means any board, bureau, commission, department, institution, division, section, or officer of the state, except those in the legislative branch or judicial branch and except: (a) State educational institutions administered pursuant to title 23, C.R.S., except articles 8 and 9 article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 30 31 of title 23, C.R.S.; SECTION 39. In Colorado Revised Statutes, 24-6-301, amend (1.7) (a) as follows: 24-6-301. Definitions - legislative declaration. As used in this part 3, unless the context otherwise requires: (1.7) "Covered official" means: (a) For the type of lobbying defined in subparagraphs (I) (II), and (III) of paragraph (a) of subsection (3.5) of this section, the governor, the lieutenant governor, or a member of the general assembly; SECTION 40. In Colorado Revised Statutes, 24-32-703, amend (8) as follows: 24-32-703. Definitions. As used in this part 7, unless the context otherwise requires: (8) "State agency" means any board, bureau, commission, department, institution, division, section, or officer of the state, except those in the legislative branch or judicial branch and except state educational institutions administered pursuant to part 3 of article 33.5 of this title and title 23, C.R.S., excluding articles 8 and 9 article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 30 31 of title 23, C.R.S. SECTION 41. In Colorado Revised Statutes, 24-32-723, amend (3) introductory portion as follows: 24-32-723. Office of homeless youth services - creation - function - duties - definitions. (3) There is hereby created the office of homeless youth services in the state department of local affairs for the purpose of providing information, coordination, and support services to public and private entities serving the homeless youth of Colorado. The office of homeless youth services shall seek to: SECTION 42. In Colorado Revised Statutes, 24-34-803, amend (7) (b) as follows: 24-34-803. Rights of persons with assistance dogs. (7) As used in this section, unless the context otherwise requires: (b) "Disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12102, (2) as amended. SECTION 43. In Colorado Revised Statutes, 24-72-204, repeal (3) (a) (XX) as follows: 24-72-204. Allowance or denial of inspection - grounds - procedure - appeal - definitions. (3) (a) The custodian shall deny the right of inspection of the following records, unless otherwise provided by law; except that any of the following records, other than letters of reference concerning employment, licensing, or issuance of permits, shall be available to the person in interest under this subsection (3): (XX) All proprietary information submitted by a provider of broadband service in connection with the broadband inventory authorized by section 24-37.5-106 (3); SECTION 44. In Colorado Revised Statutes, amend 25-1-104 as follows: 25-1-104. State board - organization. The board shall elect from its members a president, a vice-president, and such other board officers as it shall determine. The executive director of the department, in the discretion of the board, may serve as secretary of the board but shall not be eligible to appointment as a member. All board officers shall hold their offices at the pleasure of the board. Regular meetings of the board shall be held not less than once every three months at such times as may be fixed by resolution of the board. Special meetings may be called by the president, by the executive director of the department, or by a majority of the members of the board at any time on three days' prior notice by mail or, in case of emergency, on twenty-four hours' notice by telephone or telegraph other telecommunications device. The board shall adopt, and at any time may amend, bylaws in relation to its meetings and the transaction of its business. A majority shall constitute a quorum of the board. Members shall receive the same per diem compensation and reimbursement of expenses as those provided for members of boards and commissions in the division of registrations pursuant to section 24-34-102 (13), C.R.S. All meetings of the board, in every suit and proceeding, shall be taken to have been duly called and regularly held, and all orders and proceedings of the board to have been authorized, unless the contrary is proved. SECTION 45. In Colorado Revised Statutes, 25-10-105, amend (1) introductory portion as follows: 25-10-105. Minimum standards for individual sewage disposal systems. (1) Rules adopted by local boards of health under section 25-10-104 (2) or (4) or promulgated by the department commission under section 25-10-104 (3) shall govern all aspects of the performance, location, construction, alteration, installation, and use of individual sewage disposal systems and shall include, as a minimum, provisions regarding the following matters: SECTION 46. In Colorado Revised Statutes, 25-10-106, amend (1) introductory portion as follows: 25-10-106. Basic rules for local administration. (1) Rules adopted by local boards of health under section 25-10-104 (2) or (4) or promulgated by the department commission under section 25-10-104 (3) shall govern all aspects of the application for and issuance of permits, the inspection, testing, and supervision of installed systems, the issuance of cease-and-desist orders, the maintenance and cleaning of systems, and the disposal of waste material and shall include, as a minimum, include provisions regarding the following matters: SECTION 47. In Colorado Revised Statutes, 25-11-303, repeal (1) (d) (IV) as follows: 25-11-303. Authorization to participate - implementation. (1) The general assembly hereby authorizes the department of public health and environment to participate in federal implementation of the "Uranium Mill Tailings Radiation Control Act of 1978", and for such purpose the department has the authority to: (d) (IV) This paragraph (d) is repealed, effective upon the acquisition of all of the nine currently designated sites, as certified by the executive director of the department, for purposes of participating in the federal "Uranium Mill Tailings Radiation Control Act of 1978"; SECTION 48. In Colorado Revised Statutes, 25-36-101, repeal (7) as follows: 25-36-101. Short-term grants for innovative health programs - grant fund - creation - appropriation from fund - transfer of moneys for fiscal years 2007-08 through 2010-11. (7) Notwithstanding any other provision of this section, for the 2007-08, 2008-09, and 2009-10 fiscal years, the state treasurer shall transfer from the short-term innovative health program grant fund to the supplemental tobacco litigation settlement moneys account of the mental health services pilot program fund, created in section 27-68-105 (1), C.R.S., the lesser of three hundred thousand dollars or thirty percent of the amount allocated to the short-term innovative health program grant fund for the fiscal year pursuant to section 24-75-1104.5 (1.5) (a) (IX), C.R.S., enacted by Senate Bill 07-097 at the first regular session of the sixty-sixth general assembly. SECTION 49. In Colorado Revised Statutes, 25.5-1-204 repeal (10) as follows: 25.5-1-204. Advisory committee to establish an all-payer health claims database - creation - members - duties - creation of all-payer health claims database - rules. (10) This section is repealed, January 1, 2012, unless the executive director notifies the revisor of statutes on or before such date that sufficient funding to create the database, as determined by the executive director, advisory committee, and administrator, has been received through gifts, grants, and donations. SECTION 50. In Colorado Revised Statutes, 25.5-5-412 , repeal (3) (f) as follows: 25.5-5-412. Program of all-inclusive care for the elderly - legislative declaration - services - eligibility. (3) The general assembly declares that the purpose of this section is to provide services that would foster the following goals: (f) To assure that capitation payments amount to no more than ninety-five percent of the amount paid under the medicaid fee-for-service structure for an actuarially similar population. SECTION 51. In Colorado Revised Statutes, repeal 26-2-136. SECTION 52. In Colorado Revised Statutes, 26-7.5-105 amend (1) (b) as follows: 26-7.5-105. Funding of domestic abuse programs. (1) (b) Moneys generated from fees collected pursuant to section 14-2-106 (1) (a), C.R.S., or transferred pursuant to section 13-21-101 13-32-101 (5) (a) (X) or (5) (b) (II), C.R.S., shall be used to reimburse domestic abuse programs that provide services as provided in section 26-7.5-103 to married, separated, or divorced persons or their families. SECTION 53. In Colorado Revised Statutes, 26-7.8-104, amend (5) as follows: 26-7.8-104. Homeless prevention activities program - contracts with nongovernmental agency - program standards. (5) On and after July 1, 2011, any moneys received from the federal government for financial housing assistance to persons in low- and moderate-income households and persons with disabilities to assist such persons in obtaining housing under this article shall be administered by the division of housing within the department of local affairs in accordance with the provisions of section 24-32-705 (1) (t), C.R.S., except as otherwise provided in section 24-32-722 (3) (a) (II), C.R.S. The number of housing vouchers made available to persons with disabilities, as defined by the "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12012 (2) 12102, as amended, by the division of housing in any one state fiscal year shall not be less than the number of vouchers that have previously been made available to such persons as of July 1, 2011. SECTION 54. In Colorado Revised Statutes, amend 26-12-101 as follows: 26-12-101. Short title. This article shall be known and may be cited as the "State and Veterans Nursing Homes Act". SECTION 55. In Colorado Revised Statutes, amend 26-12-401 as follows: 26-12-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Board of commissioners" means the board of commissioners of state and veterans nursing homes created in section 26-12-402. (2) "Division" means the division of state and veterans nursing homes, or its successor agency, in the state department. SECTION 56. In Colorado Revised Statutes, 26-12-402, amend (1), (2), (7) (a), (7) (c), (7) (d), (7) (e), (7) (f), (7) (g), and (8) as follows: 26-12-402. Board of commissioners of state veterans nursing homes - creation - powers and duties. (1) There is hereby created the board of commissioners of state and veterans nursing homes within the state department. The board of commissioners shall exercise its powers, duties, and functions under the state department as if it were transferred to the state department by a type 2 transfer under the provisions of the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S. (2) The functions of the board of commissioners are to: (a) Advise the division and the state veterans nursing homes located in Homelake, Florence, Rifle, Aurora, and Walsenburg, Colorado; (b) Provide continuity, predictability, and stability in the operation of the state and veterans nursing homes; and (c) Provide guidance to future administrators at the state and veterans nursing homes based on the collective institutional memory of the board of commissioners. (7) The board of commissioners shall: (a) Endeavor to ensure that the highest quality of care is being provided at the state and veterans nursing homes and that the financial status of the homes is maintained on a sound basis; (c) Have direct access to any consulting contractor working with the state and veterans nursing homes and obtain written and oral reports; (d) Have direct access to the executive director of the state department and the state board for the purposes of alerting state department policymakers of potential problems in state and veterans nursing homes and establishing effective working relationships and lines of communication with the state department and state board at all levels; (e) Have the authority to visit and review the operation of the state and veterans nursing homes; (f) Participate in any request for proposal panel that selects division-wide consulting firms for the state and veterans nursing homes; (g) Have authority to review and comment on rules promulgated by the state department and the state board concerning the state and veterans nursing homes before the rules are submitted for public comment; (8) Nothing in this part 4 shall be construed to abridge, amend, or supersede any provision of a contractual agreement that the state department has entered into with any of the state and veterans nursing homes. SECTION 57. In Colorado Revised Statutes, 27-90-111, amend (3) (e) as follows: 27-90-111. Employment of personnel - screening of applicants - disqualifications from employment. (3) The employment screening and disqualification requirements in this section apply to the following facilities or programs operated by the department: (e) State and veterans nursing homes operated pursuant to article 12 of title 26, C.R.S.; SECTION 58. In Colorado Revised Statutes, 28-5-703, amend (4) (a) as follows: 28-5-703. Rules - duties. (4) The board shall serve in an advisory capacity to: (a) The state board of human services and the department of human services regarding the operations and maintenance of state and veterans nursing homes operated pursuant to article 12 of title 26, C.R.S.; SECTION 59. In Colorado Revised Statutes, 28-5-709, amend (4) (a) (I); and repeal (1) (b) (I.5) as follows: 28-5-709. Colorado state veterans trust fund - created - report - repeal. (1) (b) The moneys in the trust fund shall be used for: (I.5) Costs incurred by the legislative oversight committee and the state and veterans nursing home commission created in part 3 of article 12 of title 26, C.R.S., to evaluate the quality of care provided to veterans and their families at certain state and veterans nursing homes; (4) (a) Funds shall be allocated out of the trust fund using the following process: (I) The director of the state and veterans nursing homes or the director of the division of veterans affairs shall submit to the board a written request for funds to be used for the purposes described in subsection (1) of this section; or SECTION 60. In Colorado Revised Statutes, 29-2-106.1, amend (8) (d) as follows: 29-2-106.1. Deficiency notice - dispute resolution. (8) (d) An appeal pursuant to paragraph (c) of this subsection (8) shall be conducted in the same manner as provided in section 39-21-105, C.R.S.; except that venue shall be in the district court of the county wherein the local government whose decision is being appealed is located. SECTION 61. In Colorado Revised Statutes, 29-3.5-101, amend (3) as follows: 29-3.5-101. Definitions. As used in this article, unless the context otherwise requires: (3) "State agency" means any board, bureau, commission, department, institution, division, section, or officer of the state, except those in the legislative branch or judicial branch and except state educational institutions administered pursuant to title 23, C.R.S., except articles 8 and 9 article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 30 31 of title 23, C.R.S., and part 3 of article 33.5 of title 24, C.R.S. SECTION 62. In Colorado Revised Statutes, 34-63-102, amend (1) (a) (II), (5.3) (a) introductory portion, and (5.4) introductory portion as follows: 34-63-102. Creation of mineral leasing fund - distribution - advisory committee - local government permanent fund created - definitions - repeal. (1) (a) (II) On and after July 1, 2008, all moneys, including any interest and income derived therefrom, received by the state treasurer pursuant to the provisions of the federal "Mineral Lands Leasing Act" of February 25, 1920, as amended, except those moneys described in section 34-63-104, shall be deposited by the state treasurer into the mineral leasing fund, which fund is hereby created, for use by state agencies, public schools, and political subdivisions of the state as described in subsections (5.3) and (5.4) of this section and for transfer to the higher education federal mineral lease revenues fund created in section 23-19.9-102 (1) (a), C.R.S., the higher education maintenance and reserve fund created in section 23-19.9-102 (2) (a), C.R.S., and the local government permanent fund created in sub-subparagraph (A) of subparagraph (I) of paragraph (a) of subsection (5.3) of this section, as required by this section and section 23-19.9-102, C.R.S. (5.3) (a) Bonus payments credited to the mineral leasing fund created in subparagraph (I) (II) of paragraph (a) of subsection (1) of this section shall be distributed on a quarterly basis for each quarter commencing on July 1, October 1, January 1, or April 1 of any state fiscal year as follows: (5.4) Except as otherwise provided in subsection (5.5) of this section, on and after July 1, 2008, all moneys other than bonus payments, as defined in paragraph (b) of subsection (5.3) of this section, credited to the mineral leasing fund created in subparagraph (I) (II) of paragraph (a) of subsection (1) of this section shall be distributed on a quarterly basis for quarters beginning on July 1, October 1, January 1, and April 1 of each state fiscal year as follows: SECTION 63. In Colorado Revised Statutes, 35-1-105, amend (2) as follows: 35-1-105. State agricultural commission - creation - composition. (2) The commission shall elect from its members a chairman, vice-chairman, and such other commission officers as it shall determine. The commissioner of agriculture, in the discretion of the commission, may serve as secretary of the commission but shall not be eligible to appointment as a member. All commission officers shall hold their offices at the pleasure of the commission. Regular meetings of the commission shall be held not less than once every three months at such times as may be fixed by resolution of the commission. Special meetings may be called by the chairman, by the commissioner, or by a majority of members of the commission at any time on at least three days' prior notice by mail or, in cases of emergency, on twenty-four hours' notice by telephone or telegraph other telecommunications device. The commission shall adopt, and at any time may amend, bylaws in relation to its meetings and the transaction of its business. A majority shall constitute a quorum of the commission. Members shall serve without compensation but shall be reimbursed for their actual and necessary traveling and subsistence expenses when absent from their places of residence in attendance at meetings. SECTION 64. In Colorado Revised Statutes, 36-1-147.5, amend (3) (a) as follows: 36-1-147.5. Leasing arrangements for renewable energy resources development - legislative declaration - definitions. (3) (a) Except as specified in paragraph (b) of this subsection (3), The state board of land commissioners shall examine property currently under the direction, control, and disposition of the board to identify land suitable and appropriate for development of renewable energy resources. In identifying such property, the board shall collaborate with the national renewable energy laboratory, university of Colorado, Colorado state university, and Colorado school of mines. The board shall also work with federal land management agencies to pursue any state and federal collaboration for the development of renewable energy resources. SECTION 65. In Colorado Revised Statutes, 37-92-305, amend (6) (c) as follows: 37-92-305. Standards with respect to rulings of the referee and decisions of the water judge. (6) (c) Any application in water division 3 that involves new withdrawals of groundwater that will affect the rate or direction of movement of water in the confined aquifer system referred to in section 37-90-102 (3) shall be permitted pursuant to a plan of augmentation that, in addition to all other lawful requirements for such plans, shall recognize that unappropriated water is not made available and injury is not prevented as a result of the reduction of water consumption by nonirrigated native vegetation. In any such augmentation plan decree, the court shall also retain jurisdiction for the purpose of revising such decree to comply with the rules and regulations promulgated by the state engineer pursuant to section 37-90-137 (12) (b) (I), as it existed prior to July 1, 2004. SECTION 66. In Colorado Revised Statutes, 39-2-117, amend (1) (a) (I), (1) (b) (I), (1) (b) (II), (2), (3) (a) (I), (3) (a) (II), (3) (b) (I), and (3) (b) (II) (A) as follows: 39-2-117. Applications for exemption - review - annual reports - procedures - rules. (1) (a) (I) Every application filed on or after January 1, 1990, claiming initial exemption of real and personal property from general taxation pursuant to the provisions of sections 39-3-106 to 39-3-113 39-3-113.5 and 39-3-116 shall be made on forms prescribed and furnished by the administrator, shall contain such information as specified in paragraph (b) of this subsection (1), and shall be signed by the owner of such property or his or her authorized agent under the penalty of perjury in the second degree and, except as otherwise provided in this paragraph (a), shall be accompanied by a payment of one hundred seventy-five dollars, which shall be credited to the property tax exemption fund created in subsection (8) of this section. The administrator shall examine and review each application submitted, and, if it is determined that the exemption therein claimed is justified and in accordance with the intent of the law, the exemption shall be granted, the same to be effective upon such date in the year of application as the administrator shall determine, but in no event shall the exemption apply to any year prior to the year preceding the year in which application is made. The decision of the administrator shall be issued in writing and a copy thereof furnished to the applicant and to the assessor, treasurer, and board of county commissioners of the county in which the property is located. (b) (I) Any users of real and personal property for which exemption from general taxation is requested pursuant to any of the provisions of sections 39-3-107 to 39-3-113 39-3-113.5 may be required to provide such information as the property tax administrator determines to be necessary. (II) Except as otherwise provided in this subparagraph (II), any application filed pursuant to paragraph (a) of this subsection (1) claiming exemption from taxation pursuant to section 39-3-106 or 39-3-106.5 shall contain the following information: The legal description and address of the real property or the address of the personal property being claimed as exempt; the name and address of the owner of such property; the name and telephone number of the agent of such property; the date the owner acquired such property; the date the owner commenced using the property for religious purposes; a complete list of all uses of the property other than by the owner thereof during the previous twelve months; the total amount of gross income specified in section 39-3-106.5 (1) (b) (I) and the total amount of gross rental income resulting to the owner of such property during the previous twelve months from uses for purposes other than the purposes specified in sections 39-3-106 to 39-3-113 39-3-113.5; and the total number of hours during the previous twelve months that such property was used for purposes other than the purposes specified in sections 39-3-106 to 39-3-113 39-3-113.5. For purposes of this subparagraph (II), if the owner did not own the property being claimed as exempt during the entire twelve-month period prior to filing such application, the application shall contain the required information for that portion of the twelve-month period for which such property was owned by the owner making application. Such application shall also include a declaration that sets forth the religious mission and religious purposes of the owner of the property being claimed as exempt and the uses of such property that are in the furtherance of such mission and purposes. Such declaration shall be presumptive as to the religious purposes for which such property is used. If the administrator is unable to determine whether the property qualifies for exemption based solely on the information specified in this subparagraph (II), the administrator may require additional information, but only to the extent that the additional information is necessary to determine the exemption status of the property. The administrator may challenge any declaration included in the application only upon the grounds that the religious mission and purposes are not religious beliefs sincerely held by the owner of such property, that the property being claimed as exempt is not actually used for the purposes set forth in such application, or that the property being claimed as exempt is used for private gain or corporate profit. (2) No assessor shall classify any real or personal property as being exempt from taxation pursuant to the provisions of sections 39-3-106 to 39-3-113 39-3-113.5 or 39-3-116 in any year unless the application for exemption for the current year has been reviewed and has been granted as provided for by law, nor shall any assessor classify any real or personal property as being taxable after having been notified in writing that such property has been determined to be exempt from taxation by the property tax administrator. (3) (a) (I) On and after January 1, 1990, and no later than April 15 of each year, every owner of real or personal property for which exemption from general taxation has previously been granted shall file a report with the administrator upon forms furnished by the division, containing such information relative to the exempt property as specified in paragraph (b) of this subsection (3), and signed under the penalty of perjury in the second degree. Each such annual report shall be accompanied by a payment of seventy-five dollars, which shall be credited to the property tax exemption fund created in subsection (8) of this section. Each such annual report filed later than April 15 but prior to July 1 shall be accompanied by a late filing fee of two hundred fifty dollars; except that the administrator shall have the authority to waive all or a portion of the late filing fee for good cause shown as determined by the administrator by rules adopted pursuant to subsection (7) of this section. On and after January 1, 1990, every owner of real or personal property for which exemption from general taxation has previously been granted pursuant to the provisions of section 39-3-111 and that is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113 39-3-113.5 for less than two hundred eight hours during the calendar year or if the use of the property for such purposes results in annual gross rental income to such owner of less than twenty-five thousand dollars shall not be required to file any annual report pursuant to the provisions of this subsection (3). In order to claim such exemption, in lieu of such annual report, the owner shall annually file with the administrator a declaration stating that the property is used for such purposes for less than two hundred eight hours during the calendar year or such use results in annual gross rental income to the owner of less than twenty-five thousand dollars. (II) In the event an annual report is not received by June 1 from an owner of real or personal property for which an exemption was granted for the previous year pursuant to the provisions of sections 39-3-107 to 39-3-113 39-3-113.5 or 39-3-116, the administrator shall give notice in writing to such property owner by June 15 that failure to comply by July 1 shall operate as a forfeiture of any right to claim exemption of previously exempt property from general taxation for the current year. Failure to timely file such annual report on or before July 1 shall operate as a forfeiture of any right to claim exemption of such property from general taxation for the year in which such failure occurs, unless an application is timely filed and an exemption granted pursuant to the provisions of paragraph (a) of subsection (1) of this section. The administrator shall review each report filed to determine if such property continues to qualify for exemption, and, if it is determined that the property does not so qualify, the owner of such property shall be notified in writing of the disqualification, and the assessor, treasurer, and board of county commissioners of the county in which the property is located shall also be so notified. (b) (I) Any user of property which has been exempted pursuant to the provisions of sections 39-3-107 to 39-3-113 39-3-113.5 may be required to provide such information as the property tax administrator determines to be necessary in order to ascertain whether the users and usages of the property are in compliance with the provisions of said sections. (II) (A) Except as otherwise provided in sub-subparagraph (B) of this subparagraph (II), any annual report filed pursuant to paragraph (a) of this subsection (3) claiming exemption from taxation pursuant to section 39-3-106 or 39-3-106.5 shall contain the following information: The legal description or address of the property being claimed as exempt; the name and address of the owner of such property; a complete list of all uses of such property other than by the owner thereof during the previous calendar year; the amount of total gross income specified in section 39-3-106.5 (1) (b) (I) and the total amount of gross rental income resulting from uses of such property that are not for the purposes set forth in sections 39-3-106 to 39-3-113 39-3-113.5; and the total number of hours that such property was used for purposes other than the purposes specified in sections 39-3-106 to 39-3-113 39-3-113.5. Such annual report shall also include a declaration of the religious mission and purposes of the owner of such property claimed as being exempt and the uses of such property that are in the furtherance of such mission and purposes. Such declaration shall be presumptive as to the religious mission and religious purposes of the owner of such property. If the administrator is unable to determine whether the property continues to qualify for exemption based solely on the information specified in this subparagraph (II), the administrator may require additional information, but only to the extent that the additional information is necessary to determine the exemption status of the property. The administrator may challenge any declaration included in such annual report only upon the grounds that the religious mission and purposes are not religious beliefs sincerely held by the owner of such property, that such property is not actually used for the purposes set forth in the annual report, or that the property being claimed as exempt is used for private gain or corporate profit. SECTION 67. In Colorado Revised Statutes, 39-3-106.5, amend (1) introductory portion, (1.5) introductory portion, (2) introductory portion, and (3) as follows: 39-3-106.5. Tax-exempt property - incidental use - exemption - limitations. (1) If any property, real or personal, which is otherwise exempt from the levy and collection of property tax pursuant to the provisions of section 39-3-106, is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113 39-3-113.5, such property shall be exempt from the levy and collection of property tax if: (1.5) Notwithstanding the provisions of subsection (1) of this section, for property tax years commencing on or after January 1, 1994, if any property, real or personal, which is otherwise exempt from the levy and collection of property tax pursuant to the provisions of section 39-3-106, is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113 39-3-113.5, such property shall be exempt from the levy and collection of property tax if: (2) Except as otherwise provided in section 39-3-108 (3) and subsection (3) of this section, if any property, real or personal, that is otherwise exempt from the levy and collection of property tax pursuant to the provisions of sections 39-3-107 to 39-3-113 39-3-113.5 is used on an occasional, noncontinuous basis for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113 39-3-113.5, such property shall be exempt from the levy and collection of property tax if: (3) The requirement that property be used on an occasional basis in order to qualify for the exemption set forth in subsection (2) of this section shall not apply to property, real or personal, that is otherwise exempt from the levy and collection of property tax pursuant to the provisions of section 39-3-111 that is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113 39-3-113.5. SECTION 68. In Colorado Revised Statutes, 39-3-108, amend (3) (a) as follows: 39-3-108. Property - nonresidential - health care facility - water company - charitable purposes - exemption - limitations. (3) (a) When any property of a health care facility, real or personal, or any portion thereof, which is otherwise exempt from the levy and collection of property tax pursuant to the provisions of paragraph (b) of subsection (1) of this section, is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113 39-3-113.5, such property or portion thereof shall be exempt from the levy and collection of property tax if the use of the property or portion thereof does not result in gross income derived from any unrelated trade or business to the owner which is in excess of fifteen percent of the total gross revenues derived from the operation of the property. Gross income derived from any unrelated trade or business shall be determined pursuant to the provisions of sections 511 through 513 of the federal "Internal Revenue Code of 1986", as amended. SECTION 69. In Colorado Revised Statutes, 39-3-116, amend (1) and (2) as follows: 39-3-116. Combination use of property - charitable, religious, and educational purposes - exemption - limitations. (1) Except as otherwise provided in this section, property, real and personal, which is owned and used by the owner thereof or by any other person or organization solely and exclusively for any combination of the purposes specified in sections 39-3-106 to 39-3-113 39-3-113.5, subject to the limitations and requirements in said sections, including but not limited to the requirement that property not be owned or used for private or corporate gain or profit, shall be exempt from the levy and collection of property tax. No requirement shall be imposed that use of property which is otherwise exempt pursuant to any of said sections shall benefit the people of Colorado in order to qualify for said exemption. Property which is otherwise exempt pursuant to the provisions of this section shall be subject to the provisions of section 39-3-129 relating to the proportional valuation of exempt property if such property is partially leased, loaned, or otherwise made available for a portion of any calendar year to any business conducted for profit. (2) In the event that such property is used by any person or organization other than the owner: (a) The use of the property by the owner, if any, must qualify pursuant to the provisions of this section or pursuant to any of the provisions of sections 39-3-106 to 39-3-113 39-3-113.5, and, in addition, the owner must qualify for an exemption pursuant to the provisions of section 39-2-117; (b) The use of the property by the person or organization other than the owner is a use described in the provisions of this section or in any of the provisions of sections 39-3-106 to 39-3-113 39-3-113.5or such person or organization is otherwise exempt from the payment of property taxes; and (c) The amount received by the owner for the use of such property specified in sections 39-3-107 to 39-3-113 39-3-113.5, other than from any shareholder or member of the owner or from any person or organization controlled by an organization which also controls such shareholder or member, shall not exceed one dollar per year plus an equitable portion of the reasonable expenses incurred in the operation and maintenance of the property so used. For purposes of this paragraph (c), reasonable expenses shall include interest expenses but shall not include depreciation or any amount expended to reduce debt. SECTION 70. In Colorado Revised Statutes, 39-3-123, amend (1) (b) as follows: 39-3-123. Works of art, literary materials, and artifacts - on loan - exemption - limitations - definitions. (1) Works of art, literary materials, and artifacts shall be exempt from the levy and collection of property tax if such works of art, literary materials, and artifacts are loaned to and are in the custody and control of: (b) A library or any art gallery or museum which that is owned or operated by a charitable organization whose property is irrevocably dedicated to charitable purposes and whose assets shall not inure to the benefit of any private person upon the liquidation, dissolution, or abandonment by the owner and which that uses such works of art, literary materials, and artifacts for charitable purposes. This exemption shall apply only for the period of time during which such works of art, literary materials, and artifacts are actually on loan and shall be in addition to such exemptions provided for in sections 39-3-108 to 39-3-113 39-3-113.5. SECTION 71. In Colorado Revised Statutes, amend 39-3-128 as follows: 39-3-128. Exempt property listed and valued. It is the duty of the assessor to list, appraise, and value all real property exempted from the levy and collection of property tax pursuant to the provisions of sections 39-3-106 to 39-3-113 39-3-113.5 or 39-3-116 and all property otherwise exempt but taxable pursuant to the provisions of section 39-3-135, and such information shall be entered in the same detail as required for taxable property. SECTION 72. In Colorado Revised Statutes, 39-3-137, amend (1) (a) as follows: 39-3-137. Organizations with tax-exempt status - forgiveness of taxes owed. (1) Subject to the provisions of subsection (2) of this section, any organization that, as of August 5, 2008, owes taxes that have been levied on real or personal property shall not be required to pay the balance of the taxes owed on or after August 5, 2008, if the organization meets the following requirements: (a) The organization is a religious, charitable, or educational organization exempt from general taxation on real and personal property pursuant to sections 39-3-106 to 39-3-113 39-3-113.5 and 39-3-116; SECTION 73. In Colorado Revised Statutes, 39-10-114, amend (1) (c) as follows: 39-10-114. Abatement - cancellation of taxes. (1) (c) Notwithstanding any other provision of this section, if a county, board of assessment appeals, court of competent jurisdiction, or the property tax administrator determines that a property is exempt from taxation under sections 39-3-106 to 39-3-113 39-3-113.5 or section 39-3-116 and if the county, board, court, or administrator finds competent evidence that said property became or remained subject to taxation for a period as a result of an error or omission made by the taxpayer, then the county, the board of assessment appeals, court of competent jurisdiction, or the property tax administrator may award refund interest or any other type of interest for not greater than two property tax years. Any interest awarded pursuant to this paragraph (c) shall be at the same rate as provided in section 39-10-104.5. SECTION 74. In Colorado Revised Statutes, 39-22-516, repeal as it will become effective January 1, 2014, (2.6) (a) (VI) as follows: 39-22-516. Tax credit for purchase of vehicles using alternative fuels - repeal. (2.6) (a) As used in this subsection (2.6), unless the context otherwise requires: (VI) "Category 4" means light duty passenger vehicle, light duty truck, and medium duty truck compressed natural gas or liquefied petroleum gas conversions certified by the United States environmental protection agency and original equipment manufacturer compressed natural gas vehicles. SECTION 75. In Colorado Revised Statutes, 39-22-3901, amend (2) as follows: 39-22-3901. Legislative declaration. (2) In order to assist Goodwill - Colorado, a collaboration of Goodwill Industries of Colorado Springs and Goodwill Industries of Denver, which are both registered nonprofit organizations pursuant to section 501 (c) (3) of the internal revenue code, in fulfilling its mission, the general assembly recognizes that many citizens of Colorado may be willing to provide moneys to assist in its efforts. It is therefore the intent of the general assembly to provide Coloradans the opportunity to support the efforts of Goodwill Industries of Colorado Springs Goodwill - Colorado by allowing citizens to make a voluntary contribution on their state income tax return form to the Goodwill Industries fund for such a purpose. SECTION 76. In Colorado Revised Statutes, amend 39-22-3902 as follows: 39-22-3902. Voluntary contribution designation - procedure - effective date. For the five consecutive income tax years immediately following the year in which the executive director files written certification with the revisor of statutes as specified in section 39-22-1001 (8) (b) 39-22-1001 (8) that a line has become available and the Goodwill Industries fund voluntary contribution is next in the queue, the Colorado state individual income tax return form shall contain a line whereby each individual taxpayer may designate the amount of the contribution, if any, the individual wishes to make to the Goodwill Industries fund created in section 39-22-3903 (1). SECTION 77. In Colorado Revised Statutes, amend 39-22-3904 as follows: 39-22-3904. Repeal of part. This part 39 is repealed, effective January 1 of the sixth income tax year following the year in which the executive director files written certification with the revisor of statutes as specified in section 39-22-1001 (8) (b) 39-22-1001 (8) that a line has become available and the Goodwill Industries fund voluntary contribution is next in the queue, unless the voluntary contribution to the Goodwill Industries fund established by this part 39 is continued or reestablished by the general assembly acting by bill prior to said date. SECTION 78. In Colorado Revised Statutes, amend 39-22-4202 as follows: 39-22-4202. Voluntary contribution designation - procedure. For the five consecutive income tax years immediately following the year in which the executive director files written certification with the revisor of statutes as specified in section 39-22-1001 (8) as enacted by House Bill 11-1097, enacted in 2011, that a line has become available and the public education fund voluntary contribution is next in the queue, the Colorado state individual income tax return form shall contain a line whereby each individual taxpayer may designate the amount of the contribution, if any, the individual wishes to make to the public education fund created in section 39-22-4203 (1). SECTION 79. In Colorado Revised Statutes, amend 39-22-4204 as follows: 39-22-4204. Repeal of part. This part 42 is repealed, effective January 1 of the sixth income tax year following the year in which the executive director files written certification with the revisor of statutes as specified in section 39-22-1001 (8) as enacted by House Bill 11-1097, enacted in 2011, that a line has become available and the public education fund voluntary contribution is next in the queue, unless the voluntary contribution to the public education fund established by this part 42 is continued or reestablished by the general assembly acting by bill prior to said date. SECTION 80. In Colorado Revised Statutes, 39-29-110, amend (1)(a)(III) as follows: 39-29-110. Local government severance tax fund - creation - administration - definitions. (1) (a) (III) After making any distributions pursuant to subparagraph (II) of this paragraph (a), The executive director of the department of local affairs shall distribute any remaining moneys and make loans from such fund in accordance with the purposes and priorities provided in paragraph (b) of this subsection (1). The executive director shall not distribute any moneys or make any loans from such fund unless sufficient moneys remain in the fund to be distributed to each county pursuant to subparagraph (II) of this paragraph (a). SECTION 81. In Colorado Revised Statutes, 40-15-208, amend (2) (a) (I) as follows: 40-15-208. High cost support mechanism - Colorado high cost administration fund - creation - purpose - operation - rules. (2) (a) (I) The commission is hereby authorized to establish a mechanism for the support of universal service, also referred to in this section as the "high cost support mechanism", which shall operate in accordance with rules adopted by the commission. The primary purpose of the high cost support mechanism is to provide financial assistance as a support mechanism to local exchange providers to help make basic local exchange service affordable and allow such providers to be fully reimbursed for the difference between the reasonable costs incurred in making basic service available to their customers within a rural, high cost geographic support area and the price charged for such service, after taking into account any amounts received by such providers under price support mechanisms established by the federal government and by this state. The high cost support mechanism may also be used, to the extent necessary, to supplement any gifts, grants, and donations received pursuant to section 24-37.5-106 (3) (f), C.R.S., in assisting the office of information technology in preparing the statewide inventory of available broadband services as provided in section 24-37.5-106 (3), C.R.S. SECTION 82. In Colorado Revised Statutes, 42-4-304, amend (3) (b) as follows: 42-4-304. Definitions relating to automobile inspection and readjustment program. As used in sections 42-4-301 to 42-4-316, unless the context otherwise requires: (3) (b) (I) The certification of emissions control will be issued to the vehicle owner at the time of sale or transfer except as provided in section 42-4-310 (1) (a) (I). The certification of emissions control will be in effect for twenty-four months for 1982 and newer model vehicles. as defined in section 42-3-106 (4). Except as provided in paragraph (c) of this subsection (3), For 1981 and older model vehicles and all vehicles inspected by the fleet-only air inspection stations shall be issued certifications of emissions control valid for twelve months. (II) Except as provided in paragraph (c) of this subsection (3) and in section 42-4-309, a biennial inspection schedule shall be established for 1982 and newer model vehicles, and an annual schedule shall be established for 1981 and older model vehicles. SECTION 83. In Colorado Revised Statutes, 43-1-106, amend (6) as follows: 43-1-106. Transportation commission - powers and duties. (6) The commission shall meet regularly not less than eight times a year, but special meetings may be called by the governor, the chairman of the commission, the executive director, or a majority of the members of the commission on three days' prior notice by mail or, in case of emergency, on twenty-four hours' notice by telephone or telegraph other telecommunications device. The commission shall adopt rules in relation to its meetings and the transaction of its business. Six members shall constitute a quorum of the commission. All meetings of the commission, in any suit or proceedings, shall be presumed to have been duly called and regularly held and all orders, rules, and regulations, and proceedings of the commission to have been authorized, unless the contrary is proved. Each member of the commission shall receive seventy-five dollars per day for each regular or special meeting of the commission actually attended and shall be reimbursed for his or her necessary expenses incurred in the discharge of such member's official duties. Mileage rates shall be computed in accordance with section 24-9-104, C.R.S. SECTION 84. In Colorado Revised Statutes, 43-4-402, amend (2) (a) as follows: 43-4-402. Source of revenues - allocation of moneys. (2) (a) The general assembly shall make an annual appropriation out of the moneys in the fund to the department of public health and environment in an amount sufficient to pay for the costs of laboratory services and implied consent specialists, which costs were previously paid out of the highway users tax fund. Of the moneys remaining in the fund, eighty percent shall be deposited in a special drunken driving account within the fund, which account is hereby created, and shall be available immediately, without further appropriation, for allocation by the transportation commission to the office of transportation safety, which shall allocate such moneys in accordance with the provisions of section 43-4-404 (1) and (2). The remaining twenty percent shall be appropriated by the general assembly to the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, which shall use such moneys for the purposes stated in section 43-4-404 (3). The office of transportation safety and the unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, may use such amounts from the moneys allocated or appropriated to them by this subsection (2) as may be necessary for the purpose of paying the costs incurred by the office and the division unit in administering the programs established pursuant to this part 4; except that neither the office of transportation safety nor said unit may use for such purpose an amount which exceeds eight percent of the moneys allocated or appropriated. SECTION 85. In Colorado Revised Statutes, 22-30.5-520, amend (3) as follows: 22-30.5-520. Parent involvement - policy - communications - incentives - notice of funding through gifts, grants, and donations - repeal. (3) (a) The institute board may solicit, accept, and expend public or private gifts, grants, or donations to implement all or a portion of the parent involvement programs implemented under a policy adopted pursuant to this section. (b) (I) In seeking or accepting gifts, grants, or donations, the institute board shall notify the legislative council staff when it has received adequate funding through gifts, grants, or donations for the parent involvement programs and shall include in the notification the information specified in section 24-75-1303 (3), C.R.S. (II) This paragraph (b) is repealed, effective August 10, 2014. SECTION 86. In Colorado Revised Statutes, 24-30-2115, amend (2) as follows: 24-30-2115. Address confidentiality program grant fund - creation - notice of funding through gifts, grants, and donations - repeal. (2) (a) The department is authorized to seek, accept, and expend gifts, grants, and donations from private or public sources for the implementation of the program. All private and public funds received through gifts, grants, and donations shall be transmitted to the state treasurer, who shall credit the same to the fund. (b) (I) In seeking or accepting gifts, grants, or donations, the department shall notify the legislative council staff when it has received adequate funding through gifts, grants, or donations for the program and shall include in the notification the information specified in section 24-75-1303 (3). (II) This paragraph (b) is repealed, effective June 2, 2014. SECTION 87. In Colorado Revised Statutes, 24-30-2203, amend (5) as follows: 24-30-2203. Disabled-benefit support contract committee - notice of funding through gifts, grants, and donations - repeal. (5) (a) The committee is authorized to seek and accept, grants, or donations from private or public sources for the purposes of this part 22; except that the committee shall not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this part 22, or part 13 of article 75 of this title regarding the status of grants and donations made to state agencies. The committee shall transmit the moneys to the disability-benefit support fund. (b) (I) In seeking or accepting gifts, grants, or donations, the committee shall notify the legislative council staff when it has received adequate funding through gifts, grants, or donations for this part 22 and shall include in the notification the information specified in section 24-75-1303 (3), C.R.S. (II) This paragraph (b) is repealed, effective April 26, 2014. SECTION 88. In Colorado Revised Statutes, 24-33.5-513, add (5) (c) (I.5) as follows: 24-33.5-513. Prostitution enforcement resources grant program - application process - cash fund - reports - rules - notice of funding through gifts, grants, and donations - repeal. (5) (c) (I.5) (A) In seeking or accepting a gift, grant, or donation, the division shall notify the legislative council staff when it has received adequate funding through gifts, grants, or donations to implement this section and shall include in the notification the information specified in section 24-75-1303 (3). (B) This subparagraph (I.5) is repealed, effective August 10, 2014. SECTION 89. In Colorado Revised Statutes, 42-1-403, amend (5) (d) as follows: 42-1-403. License plate auction group - notice of funding through gifts, grants, and donations - repeal. (5) The group has the following duties and powers: (d) (I) To accept any gifts, grants, and loans of money, property, or other aid from the federal government, the state, any state agency, or any other source if the group complies with this part 4 and part 13 of article 75 of this title 24, C.R.S.; (II) (A) in seeking or accepting any gifts, grants, and loans, the group shall notify the legislative council staff when it has received adequate funding through gifts, grants, or other sources for the implementation of this part 4 and shall include in the notification the information specified in section 24-75-1303 (3), C.R.S. (B) This subparagraph (II) is repealed, effective April 26, 2014. SECTION 90. Capital construction appropriations to the department of higher education for the fiscal year beginning July 1, 2006. In Session Laws of Colorado 2011, section 1 of chapter 334, (SB 11-155), amend the headnotes as follows: APPROPRIATION FROM ITEM & SUBTOTAL TOTAL CAPITAL CONSTRUCTION FUND CAPITAL CONSTRUCTION FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS CASH FUNDS EXEMPT FEDERAL FUNDS $ $ $ $ $ $ $ SECTION 91. Capital construction appropriations to the department of higher education for the fiscal year beginning July 1, 2007. In Session Laws of Colorado 2011, section 2 of chapter 334, (SB 11-155), amend the headnotes as follows: APPROPRIATION FROM ITEM & SUBTOTAL TOTAL CAPITAL CONSTRUCTION FUND CAPITAL CONSTRUCTION FUND EXEMPT CASH FUNDS REAPPROPRIATED FUNDS CASH FUNDS EXEMPT FEDERAL FUNDS $ $ $ $ $ $ $ SECTION 92. Act subject to petition - effective date. 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 (August 8, 2012, if adjournment sine die is on May 9, 2012); 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 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. APPENDIX C.R.S. Section Reason Section in bill 1-2-213 (2)(e) 1 Corrects errors in internal references made in a conforming amendment appearing in the House State, Veterans, and Military Affairs Committee Report to the introduced version of HB11-1080. (See the 2011 House Journal for February 25, pages 471 through 473 and 485, lines 38 through 48, and HB11-1080, chapter 256, pages 1109, 1110, and 1123.) 2-3-1203 (3)(dd)(III) and (3)(dd)(IV) 2 Senate Bill 09-056 authorized the sale of the only non-veterans nursing home operated by the state; therefore, references to "state and veterans nursing homes" are being changed to "state veterans nursing homes". (See SB09-056, chapter 177, page 783.) 3-1-132 (4)(c) 3 Repeals this provision as obsolete because of the cessation of state jurisdiction over Lowry air force base. (See SB94-145, chapter 121, page 648.) 4-9.7-106 (d), (e)(1)(B), and (e)(1)(C) 4 The House Business Affairs and Labor Committee Report amending the introduced version of HB06-1266 struck subsection (c) resulting in the relettering of subsection (d) to subsection (c); however, the conforming amendments were missed. (See the House Journal for February 19, page 481, lines 5 through 7, and HB08-1288, chapter 84, pages 270 and 271.) 6-16-104 (6)(a) 5 Changes internal references to federal provisions describing persons who are exempt from filing a federal annual information return to correspond with the reorganization of the section by Public Law 109-222 and to correct an oversight in SB09-292. (See Public Law 109-222 and SB09-292, chapter 369, page 1986.) 7-90-102 (61.3) and (61.4) 6 Conforms this section to standard drafting format by placing the defined terms in alphabetical order. 7-90-203.7 IP(1) and IP(2) 7 House Bill 07-1135 relocated the provisions establishing when entities' plans of merger should be approved from section 7-90-203 to section 7-90-203.4; however, the conforming amendments in this section were missed. (See HB07-1135, chapter 56, page 239.) 8-70-103 (6.5) 8 Conforms the repeal date of certain reporting requirements in provisions amended or added by HB11-1288 to comply with the reporting and repeal requirements in section 8-76-102.5 (1). (See HB11-1288, chapter 212, page 914.) 8-70-114 (2)(g)(III)(A) 9 See section 8-70-103 (6.5). 8-72-110 (2)(a)(II) 10 See section 8-70-103 (6.5). 8-73-104 (2)(a)(II) 11 See section 8-70-103 (6.5). 8-75-203 (1)(a)(II) 12 See section 8-70-103 (6.5). 8-76-102 (6) 13 See section 8-70-103 (6.5). 8-76-103 (8) 14 See section 8-70-103 (6.5). 8-76-104 (1)(c)(I)(B) 15 See section 8-70-103 (6.5). 8-77-109 (1)(a)(II) and (2)(a.9)(I)(B) 16 See section 8-70-103 (6.5). 8-79-104 (1)(a)(I)(B) 17 See section 8-70-103 (6.5). 9-5.5-114 (6) 18 Corrects an error originating in the introduced version of HB10-1231 in which the internal reference to the statute establishing procedures to enact rules to set fees to approximate the costs of issuing certificates of operation was incorrect. (See HB10-1231, chapter 75, page 256.) 10-4-633.5 IP(3) 19 To correct an error in the House Business Affairs and Labor Committee Report to the introduced version of HB10-1166, an internal reference is being changed to clarify that subsection (3) is further explaining the formatting requirements of the report described in subsections (1) and (2). (See the 2010 House Journal for March 11, page 745, lines 54 through 56, page 746, lines 1 and 55, and page 747, lines 1 and 2, and HB10-1166, chapter 143, page 487.) 10-16-104 (5) 20 Conforms this subsection to standard drafting format to correct an error originating in the introduced version of SB92-104. (See SB92-104, chapter 207, page 1621.) 10-16-107.3 IP(3) 21 See section 10-4-633.5 IP(3). 11-71-103 (1)(e) and (1)(f) 22 Relocates the definition of "electronic computing device" to subsection (1)(e) to pair the defined term with the text that uses the term and defines "electronic computer device" using the exact definition formerly in section 13-21-603 (2) prior to the repeal of part 6 of article 21 of title 13 in HB11-1303. 12-41-107 IP(1)(b) 23 Senate Bill 11-169 modified and relocated the language within the section describing the written examination physical therapists must take to become licensed by the state. The conforming amendment in this provision was missed. (See SB11-169, chapter 172, pages 613 and 614.) 12-41-109 (3)(a) 24 See section 12-41-107 IP(1)(b). 12-58-102 25 Conforms this section to standard drafting format by placing the defined terms in alphabetical order and making conforming amendments. 12-58-104.5 (1) 26 See section 12-58-102. 12-58-106.5 27 See section 12-58-102. 12-64-105 (13) 28 Senate Bill 11-169 transferred the rule-making authority regarding the physical therapy of animals from the director of the division of registrations to the state board of veterinary medicine; however, the conforming amendment in this provision was not made. (See SB11-169, chapter 172, page 631, and section 12-41-103.6 (2)(b)(II).) 13-80-101 (1)(o)(II) 29 Repeals this provision as obsolete because of the repeal of part 6 of article 21 of title 13 by HB11-1303. (See HB11-1303, chapter 264, page 1153.) 14-10-122 (1.5)(c)(I) 30 Changes an internal reference to the federal definition of "financial institution" appearing in the House Appropriations Committee Report to the introduced version of HB97-1205. (See the 1997 House Journal for March 27, page 1029, lines 35 through 48, and HB97-1205, chapter 236, page 1266.) 16-11.5-102 (3)(a) 31 Corrects grammatical errors that occurred as a result of a House floor amendment to SB03-318. (See the 2003 House Journal for May 5, page 2313, lines 33 through 56, and page 2314, line 1, and SB03-318, chapter 424, page 2686.) 18-18-102 (34.5)(b)(VII) 32 Corrects the spelling of a chemical compound to fix an error originating in the introduced version of SB11-134. (See SB11-134, chapter 261, page 1138.) 19-7-101 (1) 33 Corrects grammatical errors originating in the introduced version of SB11-120. (See SB11-120, chapter 102, page 319.) 22-32-128 34 House Bill 11-1198 repealed articles 10 and 11 of title 40 and reorganized and combined them into a new article 10.1 of title 40. The conforming amendment in this provision was missed. (See HB11-1198, chapter 127, pages 395 and 416.) 23-41-104 (6) 35 House Bill 11-1241 created a new property tax exemption for property used by a nonprofit housing provider for low-income housing. The exemption was added as a new section 39-3-113.5; however, the conforming amendments reflecting the added exemption were not included in the bill. (See HB11-1241, chapter 248, page 1082.) 24-1-114 (4)(b) 36 House Bill 07-1254 relocated Colorado State University - Pueblo from article 55 of title 23 to article 31.5 of title 23. The conforming amendment in this provision was missed. (See HB07-1254, chapter 141, page 547.) 24-1-120 (5)(k) 37 See section 2-3-1203 (3)(dd)(III) and (3)(dd)(IV). 24-4-102 (3)(a) 38 Senate Bill 06-049 repealed article 9 of title 23 and HB07-1254 relocated parts 2 to 4 of article 30 of title 23 to parts 2 to 4 of article 31 of title 23. The conforming amendments for these sections were missed. (See SB06-049, chapter 333, page 1659, and HB07-1254, chapter 141, pages 531to 538.) 24-6-301 (1.7)(a) 39 Section (3.5)(a)(II) was repealed, effective June 7, 1984, in HB84-1329; however this conforming amendment was inadvertently missed. (See HB84-1329, chapter 323, pages 1121 and 1131.) 24-32-703 (8) 40 See section 24-4-102 (3)(a). 24-32-723 IP(3) 41 A senate second reading floor amendment to the reengrossed version of HB11-1230 relocated the office of youth services from the department of human services to the department of the local affairs but inadvertently missed this conforming amendment. (See the 2011 Senate Journal for April 12, page 723, lines 12 through 72, and page 724, lines 1 through 13, and HB11-1230, chapter 170, page 588.) 24-34-803 (7)(b) 42 Changes an internal reference to the federal definition of "persons with disabilities" to correspond with the reorganization of the section by Public Law 110-325. 24-72-204 (3)(a)(XX) 43 Subsection (3)(g) provided for the repeal of subsection (3), effective January 1, 2010; therefore, this provision is being repealed as obsolete. (See SB09-162, chapter 423, page 2361.) 25-1-104 44 Replaces an antiquated form of notification of special or emergency meetings with the option of using a variety of telecommunication devices. 25-10-105 IP(1) 45 Senate Bill 06-171 transferred the authority to adopt rules regarding sewage disposal systems from the state board of health to the water quality control commission in section 25-10-104; however, the conforming amendment in this provision was missed. (See SB06-171, chapter 247, page 1127.) 25-10-106 IP(1) 46 See section 25-10-105 IP(1). 25-11-303 (1)(d)(IV) 47 Subsection (1)(d)(IV) provides for the repeal of subsection (1)(d) when the nine designated uranium processing sites are acquired by the state in accordance with the federal "Uranium Mill Tailings Radiation Control Act of 1978" (UMTRCA). The federal UMTRCA, USC  7901 - 7942, allows states to acquire properties that the department of energy (DOE) is planning to remediate if certain conditions are met. The DOE determined that two of the nine sites do not qualify for remediation. Since the requirements of subsection (1)(d)(IV) will not be met, subsection (1)(d)(IV) is being repealed. 25-36-101 (7) 48 Section 27-68-106 provided for the repeal of article 68 of title 27, effective July 1, 2010; therefore, since the funding for the program was in effect only through the fiscal year 2009-2010, this provision is being repealed as obsolete. (See SB10-175, chapter 188, pages 715 and 799.) 25.5-1-204 (10) 49 Subsection (10) is being repealed as obsolete. Notice was delivered to the revisor of statutes November 22, 2011, that sufficient funding had been received through gifts, grants, and donations to create the all-payer health claims database. (See HB10-1330, chapter 299, page 1406.) 25.5-5-412 (3)(f) 50 House Bill 08-1374 repealed the cap on the capitated rate under the program of all-inclusive care for the elderly; however, the conforming amendment in this provision was missed. (See HB08-1374, chapter 376, page 1749.) 26-2-136 51 Subsection (1)(b) provided for the repeal of the personal identification committee established in subsection (1), effective July 1, 1998; therefore repeals the entire section as obsolete. 26-7.5-105 (1)(b) 52 Corrects an internal reference to the statute that authorizes the transfer of certain fees to reimburse domestic abuse programs. (See HB11-1303, chapter 264, page 1170). 26-7.8-104 (5) 53 See section 24-34-803 (7)(b). 26-12-101 54 See section 2-3-1203 (3)(dd)(III) and (3)(dd)(IV). 26-12-401 55 See section 2-3-1203 (3)(dd)(III) and (3)(dd)(IV). 26-12-402 (1), (2), (7)(a), (7)(c), (7)(d), (7)(e), (7)(f), (7)(g), and (8) 56 See section 2-3-1203 (3)(dd)(III) and (3)(dd)(IV). 27-90-111 (3)(e) 57 See section 2-3-1203 (3)(dd)(III) and (3)(dd)(IV). 28-5-703 (4)(a) 58 See section 2-3-1203 (3)(dd)(III) and (3)(dd)(IV). 28-5-709 (1)(b)(I.5) and (4)(a)(I) 59 Section 26-12-306 provided for the repeal of part 3 of article 12 of title 26, effective July 1, 2007; therefore, subsection (1)(b)(I.5) is being repealed as obsolete and subsection (4)(a)(I) is being amended to provide a conforming change. 29-2-106.1 (8)(d) 60 In keeping with the legislative intent of the general assembly, changes the reference appearing in the introduced version of SB11-086 by which a taxpayer who has exhausted local remedies as a condition precedent to filing an appeal may appeal a deficiency notice or refund claim denial issued by a county or municipality in connection with the imposition of a sales or use tax by such government in accordance with section 39-21-105 to include all of the provisions of subsection (8). (See SB11-086, chapter 52, page 135.) 29-3.5-101 (3) 61 See section 24-4-102 (3)(a). 34-63-102 (1)(a)(II), IP(5.3)(a), and IP(5.4) 62 Senate Bill 11-238 relocated the language creating the mineral leasing fund to section 34-63-102 (1)(a)(II); however, the conforming amendments were not included in the introduced or subsequent versions of the bill. (See SB11-238, chapter 300, page 1441.) 35-1-105 (2) 63 See section 25-1-104. 36-1-147.5 (3)(a) 64 Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective December 1, 2007; therefore this reference is being deleted as obsolete. 37-92-305 (6)(c) 65 Section 37-90-102 (3)(b) provided for the repeal of section 37-90-102 (3), effective July 1, 2004; therefore the reference to this section is being deleted as obsolete. For historical purposes, language is being added to follow the reference to section 37-90-137 (12)(b)(I) to explain that this section was repealed, effective July 1, 2004, pursuant to section 37-90-137 (12)(b)(II). 39-2-117 (1)(a)(I), (1)(b)(I), (1)(b)(II), (2), (3)(a)(I), (3)(a)(II), (3)(b)(I), and (3)(b)(II)(A) 66 See section 23-41-104 (6). 39-3-106.5 IP(1), IP(1.5), IP(2), and (3) 67 See section 23-41-104 (6). 39-3-108 (3)(a) 68 See section 23-41-104 (6). 39-3-116 (1) and (2) 69 See section 23-41-104 (6). 39-3-123 (1)(b) 70 See section 23-41-104 (6). 39-3-128 71 See section 23-41-104 (6). 39-3-137 (1)(a) 72 See section 23-41-104 (6). 39-10-114 (1)(c) 73 See section 23-41-104 (6). 39-22-516 (2.6)(a)(VI) 74 Effective January 1, 2014, House Bill 11-1081 amended subsection (2.6)(a)(VI) to include liquefied petroleum gas (also known as propane) conversion vehicles in the definition of "category 4" vehicles that qualify for an income tax credit for purchases of alternative fuel vehicles pursuant to subsection (2.6)(b)(II); however, that income tax credit was only available in the 2010 and 2011 tax years, making the amended version of subsection (2.6)(a)(VI) obsolete. (See HB11-1081, chapter 262, page 1142.) 39-22-3901 (2) 75 House Bill 11-1097 created a new voluntary contribution benefiting Goodwill-Colorado, a collaborative of Goodwill Industries of Colorado Springs and Goodwill Industries of Denver; however, this reference was inadvertently overlooked in the introduced version of the bill. (See HB11-1097, chapter 140, pages 486.) 39-22-3902 76 A Senate Finance Committee Report to the reengrossed version of HB11-1097 established a queue system for new voluntary contributions created by the general assembly in 39-22-1001 (8); however, language indicating that a line has become available and that the contribution is next in the queue was inadvertently omitted from this provision. (See the 2011 Senate Journal for March 11, page 436, lines 41 through 69, and page 437, lines 1 through 42, and HB11-1097, chapter 140, page 487.) 39-22-3904 77 See section 39-22-3902. 39-22-4202 78 Conforms the voluntary contribution language added in a House Appropriations Committee Report to the reengrossed version of SB11-109 to the voluntary contribution language appearing in 39-22-3902 and 39-22-3904. (See the 2011 House Journal for May 9, page 1344, lines 22 through 46, and SB11-109, chapter 284, page 1272.) 39-22-4204 79 See section 39-22-4202. 39-29-110 (1)(a)(III) 80 Senate Bill 11-238 repealed section 39-29-110 (1)(a)(II) but did not make the conforming amendments in this provision. (See SB11-238, chapter 300, page 1446.) 40-15-208 (2)(a)(I) 81 See section 24-72-204 (3)(a)(XX). 42-4-304 (3)(b) 82 This reference first appeared in a 1989 Transportation Committee amendment and was carried forward, renumbered, and amended with the recodification of title 42 in 1994; however, since there are no terms being defined in section 42-3-106 (4), this reference is being deleted. (See the 1989 Senate Journal for May 3, 1989, page 1105, lines 53 through 62, and HB89-1312, chapter 355, page 1578.) A strike below amendment in the Senate Transportation Committee Report repealed section 42-4-304 (3)(c) but did not include the conforming amendments in this provision. (See the 2011 Senate Journal for February 1, page 167, lines 24 through 33, and SB11-031, chapter 86, page 245.) 43-1-106 (6) 83 See the section amending 25-1-104. 43-4-402 (2)(a) 84 House Bill 11-1303 renamed the division of alcohol and drug abuse to the unit in the department of human services that administers behavioral health programs, including those related to mental health and substance abuse. The conforming amendment in this provision was missed. (See HB11-1303, chapter 264, page 1184.) 22-30.5-520 (3) 85 Effective January 1, 2011, section 24-75-1304 (2), enacted in HB10-1178, requires each new bill enacted by the general assembly to include a notice of funding requirement if the new bill creates a program, service, study, interim committee, or other function of state government that is funded entirely or in any part by grant moneys. Notice of funding language is being added to the statutory sections that failed to include the specific language required by HB10-1178. (See SB11-200, chapter 246, page 1076.) 24-30-2115 (2) 86 See section 22-30.5-520 (3). 24-30-2203 (5) 87 See section 22-30.5-520 (3). 24-33.5-513 (5)(c)(I.5) 88 See section 22-30.5-520 (3). 42-1-403 (5)(d) 89 See section 22-30.5-520 (3). Session Laws of Colorado 2011, section 1 of chapter 334 90 In 2011, the supplemental appropriation act for funding capital construction projects (Senate Bill 11-155) amended section 3 of the long bill (HB06-1385), chapter 394, Session Laws of Colorado 2006, to repeal the amount appropriated to Colorado state university for allocation to the veterinary teaching hospital, food animal care facility construction; however incorrect column headings were used based on the Joint Budget Committee's change from Capital Construction Fund Exempt to Reappropriated Funds, approved by the Joint Budget Committee October 7, 2009, instead of using the column headings as they appeared in the 2006 long bill. Also, the Capital Construction Fund Exempt column heading was omitted in the 2011 act and is included as it appeared in the 2006 long bill. Session Laws of Colorado 2011, section 2 of chapter 334 91 In 2011, the supplemental appropriation act for funding capital construction projects (Senate Bill 11-155) amended section 3 of the long bill (SB07-239), chapter 466, Session Laws of Colorado 2007, to repeal the amount appropriated to Colorado state university at Fort Collins for allocation to the alumni and welcome center building; however incorrect column headings were used based on the Joint Budget Committee's change from Capital Construction Fund Exempt to Reappropriated Funds, approved by the Joint Budget Committee October 7, 2009, instead of using the column headings as they appeared in the 2007 long bill. Also, the Capital Construction Fund Exempt column heading was omitted in the 2011 act and is included as it appeared in the 2007 long bill.