HOUSE BILL 971220
BY REPRESENTATIVES Kaufman, Adkins, Kreutz, Snyder, Agler, McPherson, Salaz, Schwarz, and Tucker;
also SENATORS Perlmutter, Matsunaka, Wattenberg,
Wells, Wham, Bishop, Norton, Powers, and Schroeder.
CONCERNING THE REVISION OF STATUTES IN THE COLORADO
REVISED STATUTES, AS AMENDED, AMENDING OR REPEALING OBSOLETE,
INCONSISTENT, AND CONFLICTING PROVISIONS OF LAW AND CLARIFYING
THE LANGUAGE TO REFLECT THE LEGISLATIVE INTENT OF THE LAWS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 618201
(1) (a), Colorado Revised Statutes, 1992 Repl. Vol., as amended,
is amended to read:
618201. Health care coverage
cooperatives establishment fees.
(1) (a) There is hereby authorized to be created
entities to be known as health care coverage cooperatives. A health
care coverage cooperative may be created as any lawful entity
under articles 1 to 29
20 TO 29, or articles 55 and 56, OR ARTICLES 101 TO 117 of title
7, C.R.S., provided such entity operates for the mutual benefit
of its members. Entities created pursuant to this part 2, in addition
to the matters otherwise required, shall be subject to this article.
SECTION 2. 840202
(1) (a) (I) (A) and (1) (a) (II), Colorado Revised Statutes, 1986
Repl. Vol., as amended, are amended to read:
840202. Employee.
(1) "Employee" means:
(a) (I) (A) Every person in
the service of the state, or of any county, city, town, or irrigation,
drainage, or school district or any other taxing district therein,
or of any public institution or administrative board thereof under
any appointment or contract of hire, express or implied; and every
elective official of the state, or of any county, city, town,
or irrigation, drainage, or school district or any other taxing
district therein, or of any public institution or administrative
board thereof; and every member of the military forces of the
state of Colorado while engaged in active service on behalf of
the state under orders from competent authority. Policemen and
firemen
FIREFIGHTERS who are regularly employed shall be deemed employees
within the meaning of this paragraph (a), as shall also sheriffs
and deputy sheriffs, regularly employed, and all persons called
to serve upon any posse in pursuance of the provisions of section
3010516, C.R.S., during the period of their service
upon such posse, and all members of volunteer fire departments,
including any person ordered by the chief or a designee of the
chief's at the scene of an emergency or during the period of an
emergency to become a member of that department for the duration
of an emergency, and to perform the duties of a fireman
FIREFIGHTER, and only if the person who is so ordered reports
any claim within ten days of the cessation of the emergency, volunteer
rescue teams or groups, volunteer disaster teams, volunteer ambulance
teams or groups, and volunteer search teams in any county, city,
town, municipality, or legally organized fire protection district
or ambulance district in the state of Colorado, and all members
of the civil air patrol, Colorado wing, while said persons are
actually performing duties as volunteer firemen
FIREFIGHTERS or as members of such volunteer rescue teams or groups,
volunteer disaster teams, volunteer ambulance teams or groups,
or volunteer search teams or as members of the civil air patrol,
Colorado wing, and while engaged in organized drills, practice,
or training necessary or proper for the performance of such duties.
Members of volunteer police departments, volunteer police reserves,
and volunteer police teams or groups in any county, city, town,
or municipality, while actually performing duties as volunteer
police officers, may be deemed employees within the meaning of
this paragraph (a) at the option of the governing body of such
county or municipality.
(II) The rate of compensation of such
persons accidentally injured, or, if killed, the rate of compensation
for their dependents, while serving upon such posse or as volunteer
firemen
FIREFIGHTERS or as members of such volunteer police departments,
volunteer police reserves, or volunteer police teams or groups
or as members of such volunteer rescue teams or groups, volunteer
disaster teams, volunteer ambulance teams or groups, or volunteer
search teams or as members of the civil air patrol, Colorado wing,
and of every nonsalaried person in the service of the state, or
of any county, city, town, or irrigation, drainage, or school
district therein, or of any public institution or administrative
board thereof under any appointment or contract of hire, express
or implied, including nonsalaried elective officials of the state,
and of all members of the military forces of the state of Colorado
shall be at the maximum rate provided by articles 40 to 47 of
this title; except that this subparagraph (II) shall apply to
an official described in subsubparagraph (B) of subparagraph
(I) of this paragraph (a) only if no statement exercising the
option to exclude such official as an employee within the meaning
of this paragraph (a) is in effect.
SECTION 3. 129102
(19) and (22), Colorado Revised Statutes, 1991 Repl. Vol., are
amended to read:
129102. Definitions. As
used in this article, unless the context otherwise requires:
(19) "Qualified organization"
means any bona fide chartered branch, lodge, or chapter of a national
or state organization or any bona fide religious, charitable,
labor, fraternal, educational, voluntary firemen's
FIREFIGHTERS', or veterans' organization operating without profit
to its members which has been in existence continuously for a
period of five years immediately prior to the making of an application
for a license under this article and which has had, during the
entire fiveyear period, a duespaying membership engaged
in carrying out the objects of said corporation or organization,
and the Colorado state fair authority.
(22) "Voluntary firemen's
FIREFIGHTERS' organization" means any organization within
this state, not for pecuniary profit, established by the state
or any of its political subdivisions which has been in existence
for five years prior to making application for a license under
this article.
SECTION 4. 129104
(1), Colorado Revised Statutes, 1991 Repl. Vol., is amended to
read:
129104. Bingoraffle
license fee. (1) Any
bona fide chartered branch, lodge, or chapter of a national or
state organization or any bona fide religious, charitable, labor,
fraternal, educational, voluntary firemen's
FIREFIGHTERS', or veterans' organization or any association, successor,
or combination of association and successor of any of the said
organizations which operates without profit to its members and
which has been in existence continuously for a period of five
years immediately prior to the making of application for a bingoraffle
license under this article and has had during the entire fiveyear
period duespaying members engaged in carrying out the objects
of said corporation or organization is eligible for a bingoraffle
license to be issued by the licensing authority under this article.
In the event any license is revoked, the bingoraffle licensee
and holder thereof is not eligible to apply for another license
under subsection (2) of this section until after the expiration
of the period of one year from the date of such revocation.
SECTION 5. 129105
(1) (b), Colorado Revised Statutes, 1991 Repl. Vol., is amended
to read:
129105. Application for
bingoraffle license. (1) Each
applicant for a bingoraffle license to be issued under the
provisions of this section shall file with the licensing authority
a written application in the form prescribed by the licensing
authority, duly executed and verified, and in which shall be stated:
(b) Sufficient facts relating to its incorporation
and organization to enable the licensing authority to determine
whether or not it is a bona fide chartered branch, lodge, or chapter
of a national or state organization or a bona fide religious,
charitable, labor, fraternal, educational, voluntary firemen's
FIREFIGHTERS', or veterans' organization which operates without
profit to its members, has been in existence continuously for
a period of five years immediately prior to the making of said
application for such license, and has had during the entire fiveyear
period duespaying members engaged in carrying out the objectives
of said applicant;
SECTION 6. 1215121,
Colorado Revised Statutes, 1991 Repl. Vol., is repealed as follows:
1215121. Repeal review
of functions. Sections
1215102 to 1215113, 1215115,
and 1215117 to 1215119 are repealed, effective
July 1, 1994. Prior to such repeal, the licensing functions of
the department shall be reviewed as provided for in section 2434104,
C.R.S.
SECTION 7. 1235104
(5), Colorado Revised Statutes, 1991 Repl. Vol., as amended, is
amended to read:
1235104. State board of
dental examiners subject to termination immunity
repeal of article. (5) (a) The
provisions of section 2434104, C.R.S., concerning
the termination schedule for regulatory bodies of the state unless
extended as provided in that section, are applicable to the state
board of dental examiners created by this section. At the time
of review by the joint legislative sunrise and sunset review committee,
all functions, including the issuing of permits for administering
anesthesia and the regulation of such administration of anesthesia,
shall be reviewed.
(b) This article is repealed, effective
July 1, 1996
JULY 1, 2003.
SECTION 8. 1247.1103
(11), Colorado Revised Statutes, 1991 Repl. Vol., is amended to
read:
1247.1103. Definitions. As
used in this article, unless the context otherwise requires:
(11) "Gaming employee" means
any person employed by an operator or retailer hosting gaming
to work directly with the gaming portion of such operator's or
retailer's business, which person shall be twentyone years
of age or older and hold a support license. Persons deemed to
be gaming employees shall include, but shall not be limited to,
the following: Dealers; change and counting room personnel; cashiers;
floormen; cage personnel; slot machine repairmen or mechanics;
persons who accept or transport revenue from a slot, blackjack,
or poker table drop or dropbox; security personnel; shift or pit
bosses; shills;
floor managers; supervisors; slot machine and slot booth personnel;
any person involved in the handling, counting, collecting, or
exchanging of money, property, checks, credit or any representative
of value, including any coin, token, chip, cash premium, merchandise,
redeemable game credits, or any other thing of value or payoff
from any game, any gaming, or any gaming device; and such other
persons as the commission shall by rule or regulation determine.
SECTION 9. 1722.5404
(2) (a) (I) and (3) (a) (V), Colorado Revised Statutes, 1986 Repl.
Vol., as amended, are amended to read:
1722.5404. Parole guidelines.
(2) (a) In considering offenders for parole, the
board shall consider, but need not be limited to, the following
factors:
(I) The testimony of the victim of the
crime or a relative of the victim, if the victim has died, pursuant
to section 1722.5106
172214 (2) (a);
(3) (a) The board shall consider
the following extraordinary aggravating circumstances when determining
the conditions for parole and length of parole supervision when
such aggravating circumstances show that an offender has a high
risk of recidivism or a high risk of violence:
(V) The offender's conduct was directed
at an active officer of the court or at an active or former judicial
officer, prosecuting attorney, defense attorney, peace officer,
correctional employee, or fireman
FIREFIGHTER during or because of the exercise of his OR HER official
duties.
SECTION 10. 1724106.6
(2.1) (c), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
1724106.6. Surplus and
excess equipment and supplies. (2.1) (c) For
any chairs described in paragraph (b) of this subsection (2.1)
not purchased by current or former members of the general assembly,
the state historical society shall make efforts to place such
chairs in the districts of the members. If the state historical
society is unable to fund
FIND suitable locations for such chairs, the society may dispose
of such chairs in a manner befitting their historical significance.
SECTION 11. 181105
(1) (b) (IV), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
181105. Felonies classified
presumptive penalties. (1) (b) (IV) If
a person is convicted of assault in the first degree pursuant
to section 183202 or assault in the second degree
pursuant to section 183203 and the victim is a peace
officer or fireman
FIREFIGHTER engaged in the performance of his OR HER duties, as
defined in section 181106 (1.5) (b), notwithstanding
the provisions of subparagraph (III) of paragraph (a) of this
subsection (1) and subparagraph (II) of this paragraph (b), the
court shall sentence the person to a term of imprisonment. In
addition to such term of imprisonment, the court may impose a
fine on such person pursuant to subparagraph (III) of paragraph
(a) of this subsection (1).
SECTION 12. 181106
(1.5), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
181106. Misdemeanors classified
penalties. (1.5) (a) If
a defendant is convicted of assault in the third degree pursuant
to section 183204 and the victim is a peace officer
or fireman
FIREFIGHTER engaged in the performance of his OR HER duties, notwithstanding
the provisions of subsection (1) of this section, the court shall
sentence the defendant to a term of imprisonment greater than
the maximum sentence but no more than twice the maximum sentence
authorized for the same crime when the victim is not a peace officer
or fireman
FIREFIGHTER engaged in the performance of his OR HER duties. In
addition to such term of imprisonment, the court may impose a
fine on the defendant pursuant to subsection (1) of this section.
(b) As used in this section, "peace
officer or fireman
FIREFIGHTER engaged in the performance of his OR HER duties"
means a peace officer as defined in section 181901
(3) (l) (I) or (3) (l) (II) or a fireman
FIREFIGHTER as defined in section 183201 (1) who is
engaged or acting in, or who is present for the purpose of engaging
or acting in, the performance of any duty, service, or function
imposed, authorized, required, or permitted by law to be performed
by a peace officer or fireman
FIREFIGHTER, whether or not the peace officer or fireman
FIREFIGHTER is within the territorial limits of his OR HER jurisdiction,
if the peace officer or fireman
FIREFIGHTER is in uniform or the person committing an assault
upon or offense against or otherwise acting toward such peace
officer or fireman
FIREFIGHTER knows or reasonably should know that the victim is
a peace officer or fireman
FIREFIGHTER or if the peace officer or fireman
FIREFIGHTER is intentionally assaulted in retaliation for the
performance of his OR HER official duties.
SECTION 13. 183107,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
183107. First degree murder
of a peace officer or firefighter legislative declaration.
(1) A person who commits murder in the first degree,
as defined in section 183102, and the victim is a
peace officer or fireman
FIREFIGHTER engaged in the performance of his OR HER duties, commits
the felony crime of first degree murder of a peace officer or
fireman
FIREFIGHTER.
(2) As used in this section, "peace
officer or fireman
FIREFIGHTER engaged in the performance of his OR HER duties"
means a peace officer, as defined in section 181901
(3) (l) (I) or (3) (l) (II), or a fireman
FIREFIGHTER, as defined in section 183201 (1), who
is engaged or acting in, or who is present for the purpose of
engaging or acting in, the performance of any duty, service, or
function imposed, authorized, required, or permitted by law to
be performed by a peace officer or fireman
FIREFIGHTER, whether or not the peace officer or fireman
FIREFIGHTER is within the territorial limits of his OR HER jurisdiction,
if the peace officer or fireman
FIREFIGHTER is in uniform or the person committing an assault
upon or offense against or otherwise acting toward such peace
officer or fireman
FIREFIGHTER knows or reasonably should know that the victim is
a peace officer or fireman
FIREFIGHTER.
(3) A person convicted of first degree
murder of a peace officer or fireman
FIREFIGHTER shall be punished by life imprisonment without the
possibility of parole for the rest of his or her natural life,
unless a panel of judges imposes a death sentence pursuant to
the procedure set forth in section 1611103, C.R.S.
Nothing in this subsection (3) shall be construed as limiting
the power of the governor to grant reprieves, commutations, and
pardons pursuant to section 7 of article IV of the Colorado constitution.
(4) In the event the death penalty as
provided for in this section is held to be unconstitutional by
the Colorado supreme court or the United States supreme court,
a person convicted of first degree murder of a peace officer or
fireman
FIREFIGHTER under subsection (1) of this section shall be punished
by life imprisonment without the possibility of parole. In such
circumstance, the court which previously sentenced a person to
death shall cause such person to be brought before the court,
and the court shall sentence such person to life imprisonment
without the possibility of parole.
(5) The general assembly recognizes that
protection of peace officers and firemen
FIREFIGHTERS from crime is a major concern of our state because
society depends on peace officers and firemen
FIREFIGHTERS for protection against crime and other dangers and
because peace officers and firemen
FIREFIGHTERS are disproportionately damaged by crime because their
duty to protect society often places them in dangerous circumstances.
Society as a whole benefits from affording special protection
to peace officers and firemen
FIREFIGHTERS because such protection deters crimes against them
and allows them to better serve and protect our state. The general
assembly therefore finds that the penalties for first degree murder
of a peace officer or fireman
FIREFIGHTER should be more severe than the penalty for first degree
murder of other members of society.
SECTION 14. 183201,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
183201. Definitions. As
used in sections 183201 to 183203, unless
the context otherwise requires:
(1) "Fireman
FIREFIGHTER" means an officer or member of a fire department
or fire protection or firefighting agency of the state,
or any municipal or quasimunicipal corporation in this state,
whether that person is a volunteer or receives compensation for
services rendered as such fireman
FIREFIGHTER.
(2) "Peace officer or fireman
FIREFIGHTER engaged in the performance of his OR HER duties"
means a peace officer or fireman
FIREFIGHTER who is engaged or acting in, or who is present for
the purpose of engaging or acting in, the performance of any duty,
service, or function imposed, authorized, required, or permitted
by law to be performed by a peace officer or fireman
FIREFIGHTER, whether or not the peace officer or fireman
FIREFIGHTER is within the territorial limits of his OR HER jurisdiction,
if the peace officer or fireman
FIREFIGHTER is in uniform or the person committing an assault
upon or offense against or otherwise acting toward such peace
officer or fireman
FIREFIGHTER knows or reasonably should know that the victim is
a peace officer or fireman
FIREFIGHTER. For the purposes of this subsection (2) and this
part 2, the term "peace officer" shall include county
enforcement personnel designated pursuant to section 297101
(3), C.R.S.
SECTION 15. 183202
(1) (e), Colorado Revised Statutes, 1986 Repl. Vol., is amended
to read:
183202. Assault in the
first degree. (1) A person
commits the crime of assault in the first degree if:
(e) With intent to cause serious bodily
injury upon the person of a peace officer or fireman
FIREFIGHTER, he OR SHE threatens with a deadly weapon a peace
officer or fireman
FIREFIGHTER engaged in the performance of his OR HER duties, and
the offender knows or reasonably should know that the victim is
a peace officer or fireman
FIREFIGHTER acting in the performance of his OR HER duties; or
SECTION 16. 183203
(1) (c) and (1) (f), Colorado Revised Statutes, 1986 Repl. Vol.,
as amended, are amended to read:
183203. Assault in the
second degree. (1) A person
commits the crime of assault in the second degree if:
(c) With intent to prevent one whom he
OR SHE knows, or should know, to be a peace officer or fireman
FIREFIGHTER from performing a lawful duty, he OR SHE intentionally
causes bodily injury to any person; or
(f) While lawfully confined or in custody,
he OR SHE violently applies physical force against the person
of a peace officer or fireman
FIREFIGHTER engaged in the performance of his OR HER duties, or
a judge of a court of competent jurisdiction, or an officer of
said court, or, while lawfully confined or in custody as a result
of being charged with or convicted of a crime or as a result of
being charged as a delinquent child or adjudicated as a delinquent
child, he OR SHE violently applies physical force against a person
engaged in the performance of his OR HER duties while employed
by or under contract with a detention facility, as defined in
section 188203 (3), or while employed by the division
in the department of human services responsible for youth services
and who is a youth services counselor or is in the youth services
worker classification series, and the person committing the offense
knows or reasonably should know that the victim is a peace officer
or fireman
FIREFIGHTER engaged in the performance of his OR HER duties, or
a judge of a court of competent jurisdiction, or an officer of
said court, or a person engaged in the performance of his OR HER
duties while employed by or under contract with a detention facility
or while employed by the division in the department of human services
responsible for youth services. A sentence imposed pursuant to
this paragraph (f) shall be mandatory (and the court shall not
grant probation or a suspended sentence, in whole or in part)
and shall run consecutively with any sentences being served by
the offender; except that, if the offense is committed against
a person employed by the division in the department of human services
responsible for youth services, the court may grant probation
or a suspended sentence in whole or in part, and such sentence
may run concurrently or consecutively with any sentences being
served. A person who participates in a work release program, a
furlough, or any other similar authorized supervised or unsupervised
absence from a detention facility, as defined in section 188203
(3), and who is required to report back to the detention facility
at a specified time shall be deemed to be in custody.
SECTION 17. The introductory
portion to 189107 (1) and 189107 (1) (b),
Colorado Revised Statutes, 1986 Repl. Vol., are amended to read:
189107. Obstructing highway
or other passageway. (1) An
individual or corporation commits an offense if without legal
privilege he
SUCH INDIVIDUAL OR CORPORATION intentionally, knowingly, or recklessly:
(b) Disobeys a reasonable request or order
to move issued by a person he
THE INDIVIDUAL OR CORPORATION knows to be a peace officer, a fireman
FIREFIGHTER, or a person with authority to control the use of
the premises, to prevent obstruction of a highway or passageway
or to maintain public safety by dispersing those gathered in dangerous
proximity to a fire, riot, or other hazard.
SECTION 18. 1820105
(1), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
1820105. Slot machines
shipping notices. (1) Any
slot machine manufacturer or distributor shipping or importing
a slot machine into the state of Colorado shall provide to the
Colorado limited gaming control commission created in section
1247.1301, C.R.S., at the time of shipment a copy
of the shipping invoice which shall include, at a minimum, the
destination, the serial number of each machine, and a description
of each machine. Any person within the state of Colorado receiving
a slot machine shall, upon receipt of the machine, provide to
the Colorado limited gaming control commission upon a form available
from the commission information showing at a minimum the location
of each machine, its serial number, and description. Such report
shall be provided regardless of whether the machine is received
from a manufacturer or any other person. Any machine licensed
pursuant to section 1247.1803, C.R.S., shall be licensed
for a specific location, and movement of the machine from that
location shall be reported to said commission within twentyfour
hours after such movement THE TIME
PERIOD SET OUT IN RULES PROMULGATED PURSUANT TO SECTION 1247.1803
(1) (d), C.R.S. Any person violating any provision of section
1247.1803, C.R.S., commits a class 5 felony. Any slot
machine which is not in compliance with article 47.1 of title
12, C.R.S., is declared contraband and may be summarily seized
and destroyed after notice and hearing.
SECTION 19. 193304
(2) (v), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
193304. Persons required
to report child abuse or neglect. (2) Persons
required to report such abuse or neglect or circumstances or conditions
shall include any:
(v) Fireman
FIREFIGHTER as defined in section 183201 (1), C.R.S.;
SECTION 20. 2283102
(1) (a), Colorado Revised Statutes, 1995 Repl. Vol., is amended
to read:
2283102. PreK through
12 and postsecondary mathematics, science, and technology education
improvement plan. (1) The Colorado
mathematicssciencetechnology commission shall facilitate
an improvement plan that institutes comprehensive statewide systemic
initiatives designed to analyze, review, and improve all or some
of the systemic components of preK through 12 and postsecondary
mathematics, science, and engineering education in Colorado. Such
plan shall specifically include and address the following:
(a) The design, facilitation, and coordination
of such a plan by the Colorado department of education, the Colorado
commission on higher education, the Colorado alliance for science,
individual school district boards, and the governing boards of
state institutions of higher education, in cooperation and consultation
with the mathematicssciencetechnology commission appointed
by the governor; and the telecommunications
advisory commission created pursuant to section 24301802,
C.R.S.;
SECTION 21. 233.3201,
Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
233.3201. Definitions. As
used in this part 2, unless the context otherwise requires:
(1) "Dependent" means:
(a) Any natural child born or conceived
before the period of time either of said child's parents served
as a prisoner of war, was declared a person missing in action,
served on state active duty or authorized training duty as a Colorado
national guardsman, or was permanently disabled or killed while
acting to preserve the public peace, health, and safety in the
capacity of police officer, sheriff, or other law enforcement
officer or fireman
FIREFIGHTER;
(b) Any child lawfully adopted, or for
which formal adoption procedures were commenced, prior to the
time either of said child's adoptive parents served as a prisoner
of war, was declared a person missing in action, served on state
active duty or authorized training duty as a Colorado national
guardsman, or was permanently disabled or killed while acting
to preserve the public peace, health, and safety in the capacity
of police officer, sheriff, or other law enforcement officer or
fireman
FIREFIGHTER; or
(c) Any child in the legal custody of
or for which proceedings for custody were initiated by either
of said child's parents prior to the time such parent served as
a prisoner of war, was declared missing in action, served on state
active duty or authorized training duty as a Colorado national
guardsman, or was permanently disabled or killed while acting
to preserve the public peace, health, and safety in the capacity
of police officer, sheriff, or other law enforcement officer or
fireman
FIREFIGHTER.
SECTION 22. 233.3205
(1) and (3) (b), Colorado Revised Statutes, 1995 Repl. Vol., are
amended to read:
233.3205. Dependents of
deceased or permanently disabled national guardsman, law enforcement
officer, or firefighter. (1) Any
dependent of a person who died or was permanently disabled while
on state active duty, federalized active duty, or authorized training
duty as a Colorado national guardsman or any dependent of any
person who has been permanently disabled or killed while acting
to preserve the public peace, health, and safety in the capacity
of police officer, sheriff, or other law enforcement officer or
fireman
FIREFIGHTER, upon being accepted for enrollment into any institution,
shall be permitted to pursue studies leading toward a bachelor's
degree or a certificate of completion, free of tuition, for so
long as said dependent achieves and maintains standards as set
by the institution for its students generally, but said benefits
shall not be extended beyond twelve academic quarters or eight
academic semesters, as the case may be. Such dependents pursuing
studies at an institution that is not a state institution shall
be eligible for assistance not to exceed the average cost of undergraduate
instruction calculated for a fulltime equivalent student
at a comparable state institution for the previous year. The institutions
or the commission shall provide tuition assistance to such qualified
students from appropriated student financial assistance funds.
(3) (b) An individual who has been
permanently disabled while acting to preserve the public peace,
health, and safety in the capacity of police officer, sheriff,
or other law enforcement officer or fireman
FIREFIGHTER is permanently disabled for the purpose of determining
eligibility of dependents to qualify for educational benefits
if such individual is, as a result of the disability, unable to
perform in the position to which he OR SHE was regularly assigned
at the time he OR SHE became disabled.
SECTION 23. 2330307,
Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:
2330307. Limitation of
state responsibility. Nothing
in this part 3 shall be construed to authorize any county fire
warden, fireman
FIREFIGHTER, or county officer to obligate the state for payment
of any money.
SECTION 24. 2410115
(6), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is
repealed as follows:
2410115. Authority for
public entities other than the state to obtain insurance.
(6) Nothing in this section
shall be construed to limit the authority of the regents of the
university of Colorado to provide, through any insurance fund,
trust, or program organized pursuant to this section, insurance
to a corporation organized pursuant to part 4 of article 21 of
title 23, C.R.S., for the purpose of operating university hospital.
SECTION 25. 24301106,
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended
to read:
24301106. Appeal from decisions
of director. If any department,
institution, or agency disagrees with any decision, plan, procedure,
priority, standard, rule, or regulation or other act of the division
or the director of central services
DEPARTMENT OF PERSONNEL, the head thereof shall notify the executive
director of the department of personnel
and the director of central services
of the basis for such disagreement, and the executive director
may, at his or her discretion, uphold, modify, or reverse such
decision, plan, procedure, priority, standard, rule, or regulation
or other act; but no further action shall be taken by the division
or the director of central services
DEPARTMENT OF PERSONNEL to implement any decision, plan, procedure,
priority, standard, rule, or regulation or other act after such
notice until the executive director has rendered his or her decision
in the matter.
SECTION 26. 24301107,
Colorado Revised Statutes, 1988 Repl. Vol., is amended to read:
24301107. Existing and
new equipment, personnel, applications, and systems subject to
approval of director. On and
after June 20, 1977, no service equipment shall be purchased,
leased, or otherwise acquired by any department, institution,
or agency, nor shall any new service personnel be added to the
state personnel system, nor shall any new applications, systems,
or programs begin except upon the written approval of the director
of central services EXECUTIVE DIRECTOR;
nor shall any service equipment leased or operated by any department,
institution, or agency on June 20, 1977, continue to be so leased
or operated after July 1, 1977, unless certified by the director
of central services EXECUTIVE DIRECTOR
to be in accordance with the approved plan.
SECTION 27. 24301108,
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended
to read:
24301108. Revolving fund
service charges pricing policy.
(1) There is hereby created a central
services DEPARTMENT OF PERSONNEL
revolving fund for use in acquiring such materials, supplies,
labor, and overhead as are required. The fund shall be under the
direction of the director of central
services EXECUTIVE DIRECTOR.
(2) Users of division
DEPARTMENT services shall be charged the full cost of the particular
service, which shall include the cost of all material, labor,
and overhead.
(3) The director
of central services EXECUTIVE DIRECTOR
shall have a pricing policy of remaining competitive with or at
a lower rate than private industry in the operation of any service
function which he
THE EXECUTIVE DIRECTOR establishes.
(4) The director
of central services EXECUTIVE DIRECTOR
shall keep a full, true, and accurate record of the costs of providing
each particular service.
SECTION 28. 24301511,
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended
to read:
24301511. State treasurer
to invest funds. The state
treasurer shall invest any portion of the risk management fund,
including its reserves, and moneys
deposited pursuant to section 24301510.6,
which the executive director and the board determine is not needed
for immediate use. The state treasurer shall invest any portion
of the selfinsured property fund, including its reserves,
which the executive director determines is not needed for immediate
use. The state treasurer shall invest any portion of the state
employee workers' compensation account in the risk management
fund, including its reserves, which the executive director determines
is not needed for immediate use. Such moneys may be invested in
the types of investments authorized in sections 2436109,
2436112, and 2436113.
SECTION 29. 24301512,
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended
to read:
24301512. Risk management
fund and selfinsured property fund not subject to insurance
laws. The setting aside of
reserves for selfinsurance purposes and
for the purposes set forth in section 24301510.6
in the risk management fund created in section 24301510,
in the selfinsured property fund created in section 24301510.5,
and in the state employee workers' compensation account in the
risk management fund created in section 24301510.7,
shall not be construed to be creating an insurance company, nor
shall the risk management fund or the selfinsured property
fund otherwise be subject to the provisions of the laws of this
state regulating insurance or insurance companies. The requirements
of section 104716, C.R.S., concerning selfinsurance
under the "Colorado Auto Accident Reparations Act" are
not applicable to this part 15.
SECTION 30. Part 18 of
article 30 of title 24, Colorado Revised Statutes, 1988 Repl.
Vol., as amended, is amended to read:
24301801. Legislative declaration.
(1) The general assembly hereby finds and declares
that there is a lack of coordination among the various state agencies
regarding the utilization of telecommunications facilities and
services. The general assembly further finds that better coordination
of such facilities and services, particularly among the governing
boards of the institutions of higher education, the department
of higher education, the department of education, and the school
districts across the state, would result in improved education
programs and a more costeffective telecommunications system.
The use of telecommunications services and facilities to expand
educational opportunity, however, does not mean that the role
of the teacher in the classroom should be diminished.
(2) The general assembly hereby finds
that the development and use of a statewide telecommunications
network will accelerate economic development within the state.
The general assembly further finds that cooperation and participation
by medical and health facilities, public and private economic
development organizations, the judicial system, and local governments
in developing a statewide telecommunications network will facilitate
expansion of such network to its full potential and encourage
economic growth and development within Colorado.
24301801.5. Definitions. As
used in this part 18, unless the context otherwise requires:
(1) "Information infrastructure"
means all services offered to the public, either free or at a
set price, which employ the statewide telecommunications infrastructure
to provide, for the benefit of the public or private sector, text,
video, image, sound, or data.
(2) "Statewide telecommunications
infrastructure" and "telecommunications infrastructure"
mean regulated telecommunications services, emerging competitive
telecommunications services, and services, products, and providers
which are exempt from regulation, as provided in article 15 of
title 40, C.R.S., and telecommunications facilities and capabilities
owned or operated by the state.
24301802. Advisory commission
on telecommunications. (Repealed)
24301803. Telecommunications
plan staff. (1) The
advisory commission appointed pursuant to section 24301802
shall study the use of telecommunications facilities in the state,
particularly the use of such facilities by the governing boards
of the institutions of higher education, the departments of education
and higher education, and the school districts, to determine how
such resources may be shared or used more effectively. The commission
shall develop a plan for improving the utilization of telecommunications
facilities and services.
(2) The director of research of
the legislative council, the director of the office of legislative
legal services, and the executive directors of the departments
of administration and higher education and the commissioner of
education may supply staff assistance to the commission as they
deem appropriate. The commission may also accept staff support
or any other assistance from the private sector.
(3) The report required to be
made no later than December 15, 1990, in subsection (1) of this
section shall include but shall not be limited to recommendations
for the refinement and improvement of the distance learning portion
of the telecommunications plan. Such report shall also include
information related to the following:
(a) The location and potential
membership of users of distance learning services;
(b) The results of the K12,
higher education, and community and business needs assessments;
(c) A technology inventory, including
the location of present and planned telecommunications facilities,
public and private, and the capabilities, advantages, and disadvantages
of various telecommunications technologies with respect to the
implementation and creation of a statewide educational distance
learning network;
(d) A timeline and plan for implementing
and funding a statewide educational distance learning network
to address the needs of Colorado residents who are geographically
remote and unable to have access to typical educational facilities
and programs, who are gifted and talented and unable to access
special programs, who are members of minority groups, or who otherwise
are disadvantaged or do not have reasonable access to educational
opportunities;
(e) The improvement of the quality
of education through the increased availability of study in the
foreign languages and in mathematics and science.
(4) The advisory commission, in
cooperation and consultation with the department of education
and the Colorado commission on higher education, shall explore
the possibility of establishing a statewide magnet school for
math and science and foreign language instruction. Such findings
shall be included in the report required by subsection (1) of
this section.
24301804. Institutions
of higher education statewide telecommunications network. All
institutions of higher education in this state which utilize telecommunications
programs or operations shall cooperate in the establishment of
a statewide telecommunications network. The Colorado commission
on higher education shall facilitate the establishment of the
statewide telecommunications network and, in the event that such
a network is not established by July 1, 1992, the commission shall
promulgate rules and regulations requiring such a network.
24301805. Demonstration
project. No
later than December 31, 1994, the telecommunications advisory
commission may coordinate a project which shall demonstrate the
capabilities of the statewide telecommunications network. Such
project shall involve, but shall not be limited to, institutions
of higher education, elementary and secondary schools from any
Colorado school district, the judicial system, and state agencies
which choose to participate in such project. Such project shall
be funded by moneys contributed by participating institutions
of higher education, school districts, and state agencies or by
private individuals or corporations. Moneys contributed by a state
agency or a Colorado institution of higher education shall be
absorbed within the current fiscal year appropriation of the state
agency or institution of higher education.
24301806. Policy recommendations.
The advisory commission appointed
pursuant to section 24301802 shall identify issues
and recommend policy options for the general assembly concerning
Colorado's telecommunications infrastructure and information infrastructure
and periodically publish a report of its findings. Such report
shall include recommendations by the commission for accelerating
the use of existing telecommunications infrastructure for distance
learning activities and recommendations for use between correctional
institutions and district courts and state mental health institutions
and the district court system. In developing policy options, the
commission shall solicit comment from the public and private sectors,
including, but not limited to, providers and users of telecommunications
and information technology and the public utilities commission.
The commission shall publish its first infrastructure report no
later than December 31, 1994.
SECTION 31. 2433.51303
(1) (b), Colorado Revised Statutes, 1988 Repl. Vol., is amended
to read:
2433.51303. Powers, duties,
and functions of the institute. (1) The
Colorado safety institute has the following powers, duties, and
functions:
(b) To train and instruct drivers, police
officers, firemen
FIREFIGHTERS, sheriffs, and any other personnel who may be involved
in the cleanup and treatment of sites or locations where transportation
accidents result in the spillage or potential release of hazardous
materials;
SECTION 32. 2446.1101
(2) (a), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is repealed as follows:
2446.1101. Economic development
central information system information availability.
(2) The following state departments and agencies may
identify the information set forth in subsection (3) of this section
that the department or agency provides for general public use:
(a) The department
of personnel;
SECTION 33. The introductory
portion to 2450134 (4), Colorado Revised Statutes,
1988 Repl. Vol., is amended to read:
2450134. Moving and relocation
expenses. (4) In addition to
the allowances specified under subsections
(5) and (6) SUBSECTIONS (5.1) AND
(6) of this section, state payment for moving expenses shall be
limited to one of the following methods:
SECTION 34. 2450.3106
(2), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is
amended to read:
2450.3106. Authority of
revisor of statutes to amend references to department affected
statutory provisions. (2) On
and after July 1, 1996, the revisor of statutes is hereby authorized
to change all references in the Colorado revised statutes to the
divisions of purchasing, state archives and public records, accounts
and controls, telecommunications, administrative
hearings, central services, risk
management, and general government computer center, from said
references to the department of personnel and to change all references
to the directors of said divisions, except the state controller,
to the executive director of the department of personnel with
respect to the powers, duties, and functions transferred to the
department and the executive director. In connection with such
authority, the revisor is hereby authorized to amend or delete
provisions of the Colorado Revised Statutes so as to make the
statutes consistent with the powers, duties, and functions transferred
pursuant to section 241128, this article, and article
30 of this title.
SECTION 35. 2451310
(1) (f), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
is amended to read:
2451310. Persons not eligible
for membership. (1) Persons
not eligible for membership in the association include:
(f) Policemen and firemen
FIREFIGHTERS covered by an existing retirement system pursuant
to the laws of this state;
SECTION 36. 2453108
(2) (b), Colorado Revised Statutes, 1988 Repl. Vol., is amended
to read:
2453108. Coverage groups
terms and conditions. (2) Coverage
groups:
(b) Positions in any individual municipal
corporation or subdivision thereof having a separate existing
retirement system operated singly and independently from any other
municipal corporations or subdivisions thereof, except for policemen
and firemen
FIREFIGHTERS;
SECTION 37. 2454101
(3), Colorado Revised Statutes, 1988 Repl. Vol., is amended to
read:
2454101. Authorization
to establish and maintain retirement system.
(3) Any such plan shall not apply to or include firemen
FIREFIGHTERS or policemen. Retirement plans or benefits for firemen
FIREFIGHTERS or policemen shall be established and maintained
pursuant to the provisions of title 31, C.R.S.
SECTION 38. 2470102,
Colorado Revised Statutes, 1988 Repl. Vol., is amended to read:
2470102. Legal publications. Every
newspaper printed and published daily, or daily except Sundays
and legal holidays, or on each of any five days in every week
excepting legal holidays and including or excluding Sundays shall
be considered and held to be a daily newspaper; every newspaper
printed and published at regular intervals three times each week
shall be considered and held to be a triweekly newspaper; every
newspaper printed and published at regular intervals twice each
week shall be considered and held to be a semiweekly newspaper;
and every newspaper printed and published at regular intervals
once each week shall be considered and held to be a weekly newspaper.
No publication, no matter how frequently published, shall be considered
a legal publication unless it has been admitted to the United
States mails as secondclass
matter WITH PERIODICALS MAILING PRIVILEGES.
SECTION 39. 2472110
(1), Colorado Revised Statutes, 1988 Repl. Vol., is amended to
read:
2472110. Evidence admissible,
when charges. (1) In
all cases under the provisions of this part 1 and in all proceedings
or actions instituted after April 19, 1889, as to any estate or
any interest or right in or any lien or encumbrance upon any lots,
pieces, or parcels of land, where the original evidence has been
destroyed or lost or is not in the possession of the party wishing
to use it on the trial and the record thereof has been destroyed
by fire or otherwise, the court shall receive all such evidence
as may have a bearing on the case to establish the execution or
contents of the records and deeds so destroyed, although not admissible
as evidence under the existing rules governing the admission of
evidence, and the testimony of the parties themselves shall be
received, subject to all the qualifications in respect to such
testimony which are now provided by law. Any writing in the hands
of any person which may become admissible in evidence under the
provisions of this section or any other part of this part 1 shall
be rejected and not admitted in evidence unless the same appears
upon its face without erasure, blemish, alteration, interlineation,
or interpolation in any material part, unless the same is explained
to the satisfaction of the court, and to have been fairly and
honestly made in the ordinary course of business. Any person making
any such erasure, alteration, interlineation, or interpolation
in any such writing, with the intent to change the same in any
substantial matter, after the same has been once made, is guilty
of the crime of second degree
forgery and shall be punished accordingly. Any and all persons
who may be engaged in the business of making writings or written
entries concerning or relating to lands and real estate in any
county in this state to which this part 1 applies and of furnishing
to persons applying therefor abstracts and copies of such writings
or written entries as aforesaid for a fee, reward, or compensation
therefor and who do not make the same truly and without alteration
or interpolation in any matter of substance, with a view and intent
to alter or change the same in any material matter or substance,
are guilty of the crime of second
degree forgery and shall be punished
accordingly.
SECTION 40. The introductory
portions to 2475605 (1) and (4), Colorado Revised
Statutes, 1988 Repl. Vol., are amended to read:
2475605. Legal investments
cities of twentyfive thousand or more population
limitation in class of investments.
(1) Whenever cities having a population of twentyfive
thousand or more, as determined by the last preceding federal
decennial census, have moneys in policemen's or firemen's
FIREFIGHTERS' pension funds, or other special funds of said cities,
including pension, endowment, and trust funds, whether or not
administered by a board or similar authority, it is lawful to
invest or reinvest these moneys as set forth in this section if
the authorization to invest moneys as provided in this section
does not affect the administration of or control over the various
funds, to wit:
(4) Notwithstanding the provisions of
subsection (2) of this section, investments of firemen's
FIREFIGHTERS' pension funds shall be limited in their acquisition
and retention in the classes of securities set forth in subsection
(1) of this section so that the aggregate of all investments in
each separate fund at any time shall be as follows:
SECTION 41. 2475903
(5) and (6), Colorado Revised Statutes, 1988 Repl. Vol., as amended,
are repealed as follows:
2475903. Definitions. As
used in this part 9, unless the context otherwise requires:
(5) Items
in the present care, custody, and trusteeship of the executive
director of the department of personnel which are not records,
as defined by section 2480101, because of their historical,
library, or museum interest or value, shall be retained by the
state historical society, and items which are not records which
are in the future proposed for disposition under the provisions
of this part 1, but determined to be of historical, library, or
museum interest or value, shall be transferred to the state historical
society with its consent in accordance with provisions set forth
in section 2480104.
(6) The state
historical society, qualified students, and scholars approved
by the society or the executive director of the department of
personnel and other appropriate persons shall have the right of
reasonable access to all records in the custody of the executive
director of the department of personnel for purposes of historical
reference, research, and information, and the state historical
society shall have the privilege of museum display of original
historical records or facsimiles thereof, subject to provisions
of section 2480106. Copies of records, as defined
in section 2480101, having historical, library, or
museum interest or value shall be furnished to the state historical
society by the executive director of the department of personnel
upon request of the society in accordance with provisions of sections
2480103 and 2480107.
SECTION 42. 2480102
(5) and (6), Colorado Revised Statutes, 1988 Repl. Vol., are amended
to read:
2480102. State archives
and public records personnel duties cash
fund. (5) Items in the present
care, custody, and trusteeship of the state
archivist EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF PERSONNEL which are not records as defined by section
2480101, because of their historical, library, or
museum interest or value, shall be retained by the state historical
society, and items which are not records which are in the future
proposed for disposition under the provisions of this part 1,
but determined to be of historical, library, or museum interest
or value, shall be transferred to the state historical society
with its consent in accordance with provisions set forth in section
2480104.
(6) The state historical society, qualified
students, and scholars approved by the society or the state archivist
and other appropriate persons shall have the right of reasonable
access to all records in the custody of the state
archivist EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF PERSONNEL for purposes of historical reference,
research, and information, and the state historical society shall
have the privilege of museum display of original historical records
or facsimiles thereof, subject to provisions of section 2480106.
Copies of records, as defined in section 2480101,
having historical, library, or museum interest or value shall
be furnished to the state historical society by the state archivist
upon request of the society in accordance with provisions of sections
2480103 and 2480107.
SECTION 43. 254715,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is repealed
as follows:
254715. Repeal of sections
review of functions. Sections
254703, 254705, 254706, 254707
(1), 254708, and 254711 are repealed,
effective July 1, 1994. Prior to such repeal, the licensing functions
of the department as set forth in this part 7 shall be reviewed
as provided for in section 2434104, C.R.S.
SECTION 44. 2511203
(3) (b), Colorado Revised Statutes, 1989 Repl. Vol., as amended,
is amended to read:
2511203. Approval of facilities
and sites for disposal of radioactive waste.
(3) (b) No facility or site referred to in subsection
(1) of this section shall be constructed or approved by the department
of public health and environment UNLESS THE GOVERNOR AND THE GENERAL
ASSEMBLY HAVE APPROVED SUCH FACILITY OR SITE. THE GOVERNOR AND
THE GENERAL ASSEMBLY, IN MAKING THEIR DETERMINATION, SHALL CONSIDER
CRITERIA DEVELOPED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
FOR DISPOSAL OF RADIOACTIVE WASTES PURSUANT TO SECTION 2511103
(3) IN APPROVING OR DISAPPROVING THE PROPOSED FACILITY OR SITE.
SECTION 45. 265.3106
(2) (a) and (3), Colorado Revised Statutes, 1989 Repl. Vol., as
amended, are repealed as follows:
265.3106. State's savings
cash fund created use of moneys in fund plan
required. (2) The
state department shall develop a strategic plan for improving
the child welfare system in the state and for using the moneys
in the family issues cash fund created in subsection (1) of this
section. The plan shall specify the source of general fund savings
deposited in the cash fund. The plan shall provide that the moneys
in the fund shall, at a minimum, be used for the following purposes:
(a) The direct
and indirect costs of a legislative oversight committee for children,
youth, and family issues as created pursuant to SB 9326;
(3) On or
before December 1, 1993, the state department shall submit the
plan to the legislative oversight committee for children, youth,
and families; the health, environment, welfare, and institutions
committees and the joint budget committee.
SECTION 46. 265.5102
(1) (f), Colorado Revised Statutes, 1989 Repl. Vol., as amended,
is amended to read:
265.5102. Legislative declaration.
(1) The general assembly finds and declares that:
(f) A statewide family preservation program
may be financed to provide intensive services for families where
a child is at risk of an outofhome placement based
on criteria established by the state board of social
HUMAN services and to provide phasedin services aimed at
reunifying families where a child has been placed out of the home,
where appropriate, by tapping into other available federal funds
or through moneys realized from cost avoidance in prevention of
placement.
SECTION 47. 2710.5114
(6.5), Colorado Revised Statutes, 1989 Repl. Vol., as amended,
is amended to read:
2710.5114. Right to medical
care and treatment. (6.5) The
executive director has the power to direct the administration
or monitoring of medications to persons being cared for and treated
in centers for the developmentally disabled pursuant to section
251107 (1) (ee) (II.5)
(H) 251107 (1) (ee) (II.5)
(I) , C.R.S.
SECTION 48. 2713107,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
2713107. Building unit
selected patients selected. Suitable
buildings shall be constructed from the funds produced by the
building mill levy for the Colorado mental health institute at
Pueblo for the housing of such
THE SPECIAL INTENSIVE TREATMENT DEMONSTRATION unit, and the governor
may also designate the use of such other institute facilities,
services, personnel, records, and equipment as may be needed from
time to time to carry out the purposes of sections 2713106
to 2713108, and, until suitable new buildings can
be completed, the governor may designate existing buildings for
the use of the unit established by sections 2713106
to 2713108. From among all types of patients now at
the institute, such number of patients as can be accommodated
in the unit shall be transferred to said unit for the purpose
of receiving the special intensive treatment provided by sections
2713106 to 2713108.
SECTION 49. 2713108, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:
2713108. Staffing of unit. The
director of this
THE SPECIAL INTENSIVE TREATMENT DEMONSTRATION unit shall submit
a staffing pattern for approval to the executive director of the
department of human services and after receiving such approval
shall hire such personnel as are approved within the limits of
the funds appropriated.
SECTION 50. 295105,
Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
295105. Assignment of firefighters
for temporary duty. The chief of the fire
department of any town, city, city and county, or fire protection
district may, in his OR HER discretion and upon request therefor
by the chief of any fire department of any other town, city, city
and county, or fire protection district, assign members of his
OR HER department or companies thereof, together with such equipment
as he
THE FIRE CHIEF determines to be proper, to perform temporary fire
fighting or other duties under the direction and control of the
requesting fire chief; except that the assigning fire chief may
require that such firemen
FIREFIGHTERS, fire companies, and equipment shall be under the
immediate direction and control of a superior officer of the assigning
fire department, which superior officer shall be, during such
temporary assignment, under the direction and control of the requesting
fire chief. Nothing contained in sections 295103 to
295110 shall be construed to limit the power of any
town, city, or city and county or fire protection district to
prohibit or limit by ordinance or regulation the exercise by a
fire chief of the discretion granted in sections 295103
to 295110.
SECTION 51. 295107,
Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
295107. Request for temporary
assignment of firefighters. The chief
of the fire department of any town, city, city and county, or
fire protection district may, when in his OR HER opinion the same
is required by any conflagration, fire, or other such emergency,
request the chief of the fire department of any other town, city,
city and county, or fire protection district to assign to him
firemen
OR HER FIREFIGHTERS, fire companies, and equipment of such other
fire department to perform temporary duty within the boundaries
of such requesting town, city, city and county, or fire protection
district, under the direction and control of such requesting fire
chief and under such terms and conditions as shall be agreed upon
between the requesting and assigning fire chiefs. Such firemen
FIREFIGHTERS shall, while so assigned and performing duties subject
to the direction and control of the requesting fire chief, have
the same power as regular firemen
FIREFIGHTERS and fire companies of the requesting town, city,
city and county, or fire protection district.
SECTION 52. 295108,
Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
295108. Liability of requesting
jurisdiction. During the time
that a policeman, deputy sheriff, or fireman
FIREFIGHTER of a town, city, city and county, county, or fire
protection district is assigned to temporary duty within the jurisdiction
of another town, city, city and county, county, or fire protection
district, as provided in sections 295103 to 295107,
any liability which accrues under the provisions of article 10
of title 24, C.R.S., on account of the negligent or otherwise
tortious act of any such police officer, deputy sheriff, or fireman
FIREFIGHTER while performing such duty shall be imposed upon the
requesting town, city, city and county, county, or fire protection
district and not upon the assigning jurisdiction.
SECTION 53. 295109,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
295109. Workers' compensation
coverage. The coverage of any
police officer, deputy sheriff, or fireman
FIREFIGHTER of any town, city, city and county, county, or fire
protection district under the "Workers' Compensation Act
of Colorado" shall not be affected by reason of the performance
of temporary duties in a requesting town, city, city and county,
county, or fire protection district under the provisions of sections
295103 to 295107, and such police officers,
deputy sheriffs, and firemen
FIREFIGHTERS shall remain covered by such workers' compensation
insurance while performing such temporary duty as fully as if
they were performing their regular duties within the assigning
jurisdiction.
SECTION 54. 295110,
Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
295110. Pension fund payments. If
any police officer, deputy sheriff, or fireman
FIREFIGHTER of any town, city, city and county, county, or fire
protection district should become disabled or be killed by reason
of the performance of temporary duty within the jurisdiction of
another town, city, city and county, county, or fire protection
district, as provided in sections 295103 to 295107,
and such disability would entitle him OR HER or such death would
entitle his OR HER survivor to payment from any police or firemen's
FIREFIGHTERS' pension fund of the town, city, city and county,
county, or fire protection district assigning him OR HER to temporary
duty in another such jurisdiction, had the injury occurred during
the performance of his OR HER duties within the assigning town,
city, city and county, county, or fire protection district, such
police officer, deputy sheriff, or fireman
FIREFIGHTER, or his OR HER survivor shall be entitled to the same
payment from the pension fund of the assigning town, city, city
and county, county, or fire protection district as he OR SHE would
have been entitled to receive if the injury or death had occurred
within the assigning town, city, city and county, county, or fire
protection district, and he OR SHE shall be entitled to receive
no payment from any police or firemen's
FIREFIGHTERS' pension fund of the jurisdiction in which he OR
SHE performed such temporary duties.
SECTION 55. 297101
(3) (b) (II), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
297101. City or county
may own and operate. (3) (b) Personnel
designated pursuant to this subsection (3):
(II) Shall be included within the definition
of "peace officer or fireman
FIREFIGHTER engaged in the performance of his OR HER duties"
found in section 183201 (2), C.R.S.; and
SECTION 56. 3015105,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
3015105. Animal control
officers peace officer designation. Personnel
engaged in animal control, however titled or administratively
assigned, may issue citations or summonses and complaints enforcing
the county dog control resolution or any other county resolution
concerning the control of pet animals or municipal ordinance without
regard to the certification requirements of part 3 of article
31 of title 24, C.R.S. Personnel so engaged shall be included
within the definition of "peace officer or fireman
FIREFIGHTER engaged in the performance of his OR HER duties"
in section 183201 (2), C.R.S. Nothing in this part
1 is intended to vest authority in any person so engaged to enforce
any resolution, ordinance, or statute other than the county dog
control resolution or any other county resolution concerning the
control of pet animals or municipal ordinance.
SECTION 57. 31101507,
Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
31101507. Forgery. Any
person who falsely makes, alters, forges, or counterfeits any
ballot before or after it has been cast, or who forges any name
of a person as a signer or witness to a petition or nomination
paper, or who forges the name of a registered elector to an absent
voter's ballot commits forgery. in
the second degree.
SECTION 58. 3130105
(2), Colorado Revised Statutes, 1986 Repl. Vol., is amended to
read:
3130105. Ordinance
violation. (2) Any willful
violation of this section or violation through culpable negligence
is sufficient grounds to authorize the discharge of any fireman
FIREFIGHTER, police officer, or street department employee.
SECTION 59. 3211002
(1) (h), (2) (b) (IV), (2) (c) (II), (2) (e), and (2) (h), Colorado
Revised Statutes, as amended, are amended to read:
3211002. Fire protection
districts additional powers and duties.
(1) In addition to the powers specified in section
3211001, the board of any fire protection district
has the following powers for and on behalf of such district:
(h) To establish, in its discretion, a
system of civil service in the fire protection district to cover
its paid employees who are directly employed by the fire protection
district as fulltime paid firemen
FIREFIGHTERS in accordance with the provisions of subsection (2)
of this section.
(2) (b) (IV) The attorney for
the board shall act as legal advisor to the committee, but at
all hearings before the committee involving a fireman
FIREFIGHTER, such fireman
FIREFIGHTER may be represented by counsel.
(c) The committee shall:
(II) Recruit applicants for employment;
formulate and hold competitive examinations, or cause the same
to be done, in order to determine the relative qualifications
of persons seeking employment in any class or position as a fireman
FIREFIGHTER; and formulate and hold promotional examinations for
firemen
FIREFIGHTERS within the fire department of the fire protection
district, or cause the same to be done;
(e) Disciplinary action against any fireman
FIREFIGHTER may be instituted by the chief of the fire protection
district, and a hearing thereon, after reasonable notice, shall
be afforded to the fireman
FIREFIGHTER concerned, at which hearing he
THE FIREFIGHTER may be represented by counsel of his OR HER choice
at his OR HER expense. Such hearings shall be conducted in the
same manner, insofar as possible, as provided in section 244105,
C.R.S. Any fireman
FIREFIGHTER aggrieved by the decision of the board may obtain
review thereof by appeal to the committee, and on such review
he THE
FIREFIGHTER may be represented by counsel of his OR HER choice
at his OR HER expense.
(h) The firemen
FIREFIGHTERS of any fire protection district in good standing
at the time of the establishment of said civil service system
shall continue in their employment and rank, shall be automatically
included in the civil service system, and shall be promoted or
discharged in accordance with the provisions of the civil service
rules and regulations; except that the office of fire chief shall
be excluded from such civil service system. The board shall make
provision for tenure of the fire chief, and the committee shall
implement the same by appropriate rules and regulations.
SECTION 60. 3215129
(1) (c), Colorado Revised Statutes, as amended, is amended to
read:
3215129. Commission
powers and duties. (1) The
commission shall have the following powers and duties:
(c) To conduct such investigations and
studies as may be necessary in order to evaluate sites within
the district that may be suitable for the construction of a stadium,
including, without limitation, a study of sports facilities in
other cities. In connection with such evaluation process, the
board
COMMISSION shall consult with representatives of any city, town,
city and county, or county included, in whole or in part, in the
district, the chambers of commerce located within the district,
the board of directors of the Denver metropolitan major league
baseball stadium district, the Colorado baseball commission, and
any other individuals, groups of individuals, or entities that
may provide any relevant expertise concerning the evaluation of
stadium sites. In addition, the board
COMMISSION shall consult with the urban land institute pursuant
to the provisions of section 3215132 concerning the
evaluation of sites for a stadium.
SECTION 61. 3420103
(2), (3), (4), and (5), Colorado Revised Statutes, 1995 Repl.
Vol., are amended to read:
3420103. Division of minerals
and geology creation powers and duties transfer
of functions and property change of statutory references.
(2) The division shall consist of the office of active
and inactive mines, created in article 21 of this title, the coal
mine board of examiners, created in article 22 of this title,
the office of mined land reclamation and the mined land reclamation
board, created in article 32 of this title.
and the Colorado joint review process, created in article 10 of
this title.
(3) The division of minerals and geology
shall be responsible for the administration of article
10 of this title and articles 20
to 25 and 32 and 33 of this title through the office of active
and inactive mines AND the office of mined land reclamation.
and the Colorado joint review process.
(4) (a) The division shall, on and
after July 1, 1992, execute, administer, perform, and enforce
the rights, powers, duties, functions, and obligations vested
in the division of mines AND the division of mined land reclamation
and the Colorado joint review process
prior to July 1, 1992, concerning the duties and functions transferred
to the division of minerals and geology and allocated to the office
of active and inactive mines AND the office of mined land reclamation.
and the Colorado joint review process.
On July 1, 1992, all employees of the division of mines AND the
division of mined land reclamation and
the Colorado joint review process
whose principal duties are concerned with the duties and functions
transferred to the office of active and inactive mines AND the
office of mined land reclamation and
the Colorado joint review process
in the division of minerals and geology and whose employment in
said offices in the division of minerals and geology is deemed
necessary by the executive director of the department to carry
out the purposes of this article shall be transferred to the division
of minerals and geology and shall become employees thereof. Such
employees shall retain all rights to the state personnel system
and retirement benefits under the laws of this state, and their
services shall be deemed to have been continuous. All transfers
and any abolishment of positions in the state personnel system
shall be made and processed in accordance with state personnel
system laws and rules and regulations.
(b) On July 1, 1992, all items of property,
real and personal, including office furniture and fixtures, books,
documents, and records of the division of mines AND the division
of mined land reclamation and the
Colorado joint review process pertaining
to the duties and functions transferred to the office of active
and inactive mines AND the office of mined land reclamation and
the Colorado joint review process
in the division of minerals and geology pursuant to section 241124
(3) (e), C.R.S., are transferred to the division of minerals and
geology and shall become the property thereof. To the maximum
extent possible, the director shall direct the use of existing
stocks of printed forms, papers, and materials in all agencies
affected by this section.
(c) Whenever the division of mines AND
the division of mined land reclamation and
the Colorado joint review process
are referred to or designated by any contract or other document
in connection with the duties and functions transferred to the
office of active and inactive mines AND the office of mined land
reclamation and the Colorado joint
review process in the division of
minerals and geology, such reference or designation shall be deemed
to apply to said offices in the division of minerals and geology.
All contracts entered into by the division of mines OR the division
of mined land reclamation or the Colorado
joint review process prior to July
1, 1992, in connection with the duties and functions transferred
to the office of active and inactive mines AND the office of mined
land reclamation and the Colorado
joint review process in the division
of minerals and geology are hereby validated, with the said offices
in the division of minerals and geology succeeding to all the
rights and obligations of such contracts. Any cash funds, custodial
funds, trusts, grants, and any appropriations of funds from prior
fiscal years open to satisfy obligations incurred under such contracts
are hereby transferred and appropriated to the office of active
and inactive mines AND the office of mined land reclamation and
the Colorado joint review process
in the division of minerals and geology for the payment of such
obligations.
(5) On and after July 1, 1992, when any
provision of this title refers to the division of mines OR the
division of mined land reclamation,
or the Colorado joint review process
said law shall be construed as referring to the division of minerals
and geology, the office of active and inactive mines, OR the office
of mined land reclamation. or the
Colorado joint review process.
SECTION 62. 3523.5108,
Colorado Revised Statutes, 1995 Repl. Vol., is repealed as follows:
3523.5108. Repeal
review of functions. Sections
3523.5106 and 3523.5107 (1) (c) are repealed,
effective July 1, 1995. Prior to such repeal, the licensing functions
of the commissioner shall be reviewed as provided for in section
2434104, C.R.S.
SECTION 63. 391103
(17) (a) (II) (B), Colorado Revised Statutes, 1994 Repl. Vol.,
as amended, is amended to read:
391103. Actual value determined
when. (17) (a) (II) (B) The
rents or fees taken into account under the cost or income approach
to appraisal under subsubparagraph (A) of this subparagraph
(II) shall exclude that portion of the rents and fees required
to be paid for all rights other than the exclusive right to use
and possess the land, improvements, or personal property. Such
rents or fees to be excluded shall include, but shall not be limited
to, any portion of such rents or fees attributable to any of the
following: Nonexclusive rights to use and possess public property,
such as roads, rightsofway, easements, and common
areas; rights to conduct a business, as determined in accordance
with guidelines to be published by the administrator; income of
the holder of the possessory interest that is not directly derived
from and directly related to the use or occupancy of the possessory
interest; and reimbursement to the owner of the underlying real
or personal property of the reasonable costs of operating, maintaining,
and repairing the land, improvements, or personal property to
which the possessory interest pertains, regardless of whether
such costs are separately stated, provided that the types of such
costs can be identified with reasonable certainty from the documents
granting the possessory interest. The actual value of the possessory
interest so determined shall be adjusted to the taxable level
of value using a factor or factors to be published by the administrator
pursuant to the same procedures and principles as are provided
for PERSONAL property in section 391104 (12.3) (a)
(I).
SECTION 64. 4027114,
Colorado Revised Statutes, 1993 Repl. Vol., is amended to read:
4027114. Care of animals
injured. Whenever any horse,
cow, or other animal is injured by a train or otherwise on the
rightofway of any railroad company it is the duty
of trackwalkers, section men, brakemen, conductors, firemen
FIREFIGHTERS, engineers, and other employees of said company to
care for such animal at once and report the facts to the nearest
station agent and then notify the state board of stock inspection
commissioners. It is the duty of the agent to give immediate notice,
when possible, of the condition of such animal to the owner or
his THE
OWNER'S agent whose duty it is forthwith upon receipt of notice
to have such animal properly cared for. When immediate notice
to the owner is not possible it is the duty of the station agent
to have such injured animal properly cared for without delay.
SECTION 65. 424501,
Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended
to read:
424501. Size and weight
violations penalty. Except
as provided in section 424509, it is a traffic infraction
for any person to drive or move or for the owner to cause or knowingly
permit to be driven or moved on any highway any vehicle or vehicles
of a size or weight exceeding the limitations stated in sections
424502 to 424512 or otherwise in violation
of said sections or section 4241407, except as permitted
in section 424510. The maximum size and weight of
vehicles specified in said sections shall be lawful throughout
this state, and local authorities shall have no power or authority
to alter said limitations, except as express authority may be
granted in said sections
SECTION 424106.
SECTION 66. 840301
(3) (c), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
840301. Scope of term "employee".
(3) (c) The provisions of paragraph (a) of this
subsection (3) do not apply to an inmate working for a joint venture
established pursuant to the provisions of section 1724119
OR 17-24-121, C.R.S. Such inmate shall be an employee of such
joint venture for purposes of articles 40 to 47 of this title.
SECTION 67. 191103.5,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is repealed
as follows:
191103.5. Other definitions.
(1) For the definition of parent and
child relationship, see section 1415102, C.R.S.
(2) For father defined, see section 1415124,
C.R.S.
SECTION 68. 19-2-921 (3)
(b), Colorado Revised Statutes, 1986 Repl. Vol., as amended, is
amended to read:
192921. Commitment to department of
human services. (3) (b) (I) The
juvenile court may commit any juvenile adjudicated AS AN AGGRAVATED
JUVENILE OFFENDER for an offense other than an offense that would
constitute a class 1 or class 2 felony if committed by an adult
to the department of human services for a determinate period of
up to five years.
(II) The juvenile court shall commit any
juvenile adjudicated AS AN AGGRAVATED JUVENILE OFFENDER for an
offense that would constitute a class 2 felony if committed by
an adult to the department of human services for a determinate
period of up to five years.
(III) The juvenile court shall commit
any juvenile adjudicated AS AN AGGRAVATED JUVENILE OFFENDER for
an offense that would constitute a class 1 felony if committed
by an adult to the department of human services for a determinate
period of up to seven years.
SECTION 69. 251802
(1) (a), Colorado Revised Statutes, 1989 Repl. Vol., as amended
by House Bill 97-1157, enacted at the First Regular Session of
the Sixty-first General Assembly, is amended to read:
251802. Patient records
in custody of individual health care providers.
(1) (a) Every patient record in the custody of
a podiatrist, chiropractor, dentist, doctor of medicine, doctor
of osteopathy, nurse, optometrist, audiologist, acupuncturist,
directentry midwife, or physical therapist required to be
licensed under title 12, C.R.S., or a person practicing psychotherapy
under the provisions of article 43 of title 12, C.R.S., except
records pertaining to mental health problems, shall be available
to the patient upon submission of a written authorizationrequest
for inspection of records, dated and signed by the patient, at
reasonable times and upon reasonable notice. A summary of records
pertaining to a patient's psychiatric
or psychological MENTAL HEALTH problems
may, upon written request and signed and dated authorization,
be made available to the patient or the patient's designated representative
following termination of the treatment program.
SECTION 70. 3851109.3
(1) (b), Colorado Revised Statutes, 1982 Repl. Vol., as enacted
by House Bill 97-1261, enacted at the First Regular Session of
the Sixty-first General Assembly, is amended to read:
3851109.3. Geographic information
system positions professional land surveyor. (1) A
professional land surveyor shall be exempt from the requirements
of section 3851103 when making a GIS land position
determination. A GIS land position made by a professional land
surveyor shall have the following limitations:
(b) It shall not establish the location
of any aliquot or control corner as they are defined in subsections
(2) and (6) of section 3851102 until complete research
and corner evaluation are performed to meet the requirements as
provided in article 51 of title 38, C.R.S. is
performed by a professional land surveyor.
SECTION 71. 395122.5,
Colorado Revised Statutes, 1994 Repl. Vol., as amended, is repealed
as follows:
395122.5. Taxpayer's remedies
property tax credit for incorrect valuations used for property
tax levied in 1987 for collection in 1988.
(1) Notwithstanding any
law to the contrary, in any case where the owner of real property
protests, as provided by law, the valuation of such real property
for the purposes of property tax levied in 1988 for collection
in 1989 and such valuation is corrected due to the fact that such
valuation is found to be erroneous or otherwise improper on grounds
other than any change or adjustment of any ratio of valuation
for assessment for residential real property pursuant to the provisions
of section 391104.2, the assessor of the county in
which such real property is located shall also correct such erroneous
valuation for property tax year 1987 if such valuation was based
upon the same or similar facts or conditions as the valuation
for property tax year 1988.
(2) Except as otherwise provided
in this subsection (2), the owner of real property upon which
the valuation of such real property has been corrected pursuant
to the provisions of subsection (1) of this section shall be entitled
to a tax credit. Such property tax credit shall be in an amount
equal to the difference between the amount of property tax calculated
with the original 1987 valuation and the amount of property tax
which would have been due based upon the corrected valuation using
the existing 1987 mill levy for that property. Any owner of real
property who stipulated in writing or on the record as having
agreed to between the party and the county board of equalization
the valuation of such real property for the property tax year
1987 to either the assessor, the county board of equalization,
or the board of assessment appeals shall not be eligible for said
tax credit.
(3) The assessor shall compute
the amount of the property tax credit which the owner of real
property is entitled to pursuant to the provisions of subsection
(2) of this section and shall notify the treasurer of said amount.
Upon receipt of such notification, the treasurer shall adjust
the amount of tax levied on such real property to reflect the
amount of the property tax credit for such real property. If the
amount of the credit granted pursuant to the provisions of this
section exceeds the amount of property tax levied, the amount
of said excess shall be refunded to the owner of real property
in the manner provided by law. Such refunds shall be exempt from
the provisions of section 392116. Such taxes shall
be adjusted in such a manner that the amount of any property tax
credit given pursuant to the provisions of this section shall
be divided proportionally among the appropriate taxing entities
based upon the amount of tax levied by a taxing entity on such
real property in proportion to the total amount of tax levied
on such real property by such taxing entities. A taxing entity
may adjust the amount of its tax levy authorized pursuant to the
provisions of section 291301, C.R.S., by an additional
amount which does not exceed the proportional share of the total
amount of property tax credits granted to taxpayers for incorrect
valuations of real property pursuant to the provisions of this
section. After calculating the amount of property tax revenues
necessary to satisfy the requirements of the "Public School
Finance Act of 1988", former article 53 of title 22, C.R.S.,
any school district shall add an amount equal to the proportional
share of the total amount of property tax credits granted to taxpayers
for incorrect valuations of real property pursuant to the provisions
of this section prior to the setting of the mill levy for such
school district. Where a final determination is made granting
a property tax credit pursuant to the provisions of this section
after the certification of tax levies, the property tax credit
granted shall apply to property taxes levied in the year immediately
following said final determination. Any additional amount added
pursuant to the provisions of this subsection (3) shall not be
included in the total amount of revenue levied in said year for
purposes of computing the limit for the succeeding year pursuant
to the provisions of section 291301, C.R.S. For the
purposes of this subsection (3), a taxing entity's proportional
share of the total amount of property tax credits granted shall
be based upon the amount of tax levied by a taxing entity on such
real property in proportion to the total amount of tax levied
on such real property by such taxing entities.
(4) The assessor shall give public
notice in at least one issue of a newspaper published in his county
that the owner of any real property may protest his valuation
of such real property for the purposes of property tax levied
in 1988 for collection in 1989 as provided by law, that, if such
valuation is found to be erroneous and if such erroneous valuation
was used for the purposes of property tax levied in 1987 for collection
in 1988, the valuation shall be corrected for property tax year
1987, and that the owner of such real property is entitled to
a property tax credit for property tax year 1988 for the amount
of property tax incorrectly levied in property tax year 1987 due
to such erroneous valuation.
(5) Repealed.
SECTION 72. 4242001
(4), Colorado Revised Statutes, 1993 Repl. Vol., as enacted by
Senate Bill 97-058, enacted at the First Regular Session of the
Sixty-first General Assembly, is amended to read:
4242001. Maximum hours
of service readymix concrete truck operators.
(4) Any commercial motor vehicle that transports hazardous
materials shall be exempt from this section and shall be subject
to the federal hoursofservice limitations in parts
395 and 350, C.F.R. 49 C.F.R. SECTIONS
395 AND 350.
SECTION 73. Effective
date. This act shall take effect at 12:01 a.m. on the day
following the expiration of the ninetyday period after final
adjournment of the general assembly that is allowed for submitting
a referendum petition pursuant to article V, section 1 (3) of
the state constitution; except that, if a referendum petition
is filed against this act or an item, section, or part of this
act within such period, then the act, item, section, or part,
if approved by the people, shall take effect on the date of the
official declaration of the vote thereon by proclamation of the
governor.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO
APPENDIX
C.R.S. Section Reason
Section in bill
618201 (1)(a) | Changes internal references to correspond to changes made by HB931154, chapter 191, page 732. | |
840202 (1)(a)(I)(A) and (1)(a)(II) | Changes "fireman" to "firefighter" to comply with HB951128, chapter 89, SB96011, chapter 183, and SB96068, chapter 188. | |
129102 (19) and (22) | Same as 840202. | |
129104 (1) | Same as 840202. | |
129105 (1)(b) | Same as 840202. | |
1215121 | Repeals as obsolete a section providing for the July 1, 1994, repeal of specified sections referenced in the section. | |
1235104 (5) | Changes the termination date of the board of dental examiners from July 1, 1996, to July 1, 2003, to reflect the intent of SB96087, chapter 262, page 1416 where section 2434104 was amended to extend the automatic termination date of the board to that date. | |
1247.1103 (11) | Deletes a reference to "shills" because the employment of shills was prohibited by SB96033, chapter 223, section 2, page 1111, and the conforming amendment was not made. | |
1722.5404 (2)(a)(I) and (3)(a)(V) | In subsection (2)(a)(I), corrects an internal reference to reflect that the provisions previously contained in the referenced section were repealed and relocated by SB94172, chapter 344, page 2599. In subsection (3)(a)(V), changes "fireman" to "firefighter" for the same reason specified in 840202. | |
1724106.6 (2.1)(c) | Corrects an error made in the drafting of a House Finance Committee report amending HB901335 in which a reference to "fund suitable locations" should be "find suitable locations". (See House Journal, page 1628, May 3, 1990.) | |
181105 (1)(b)(IV) | Same as 840202. | |
181106 (1.5) | Same as 840202. | |
183107 | Same as 840202. | |
183201 | Same as 840202. | |
183202 (1)(e) | Same as 840202. | |
183203 (1)(c) and (1)(f) | Same as 840202. | |
189107 IP (1) and (1)(b) | Same as 840202. | |
1820105 (1) | Changes the time frame for reporting slot machine movement to conform to section 1247.1803 (1) (d) which allows the Colorado Limited Gaming Commission to set, by rule, the time and manner for reporting the movement of any slot machine. | |
193304 (2)(v) 2283102 |
| Same as 840202. Deletes language relating to the advisory commission on telecommunications because the section creating the commission, section 24301802, was repealed by HB931035, chapter 285, page 1701, effective July 1, 1995. |
233.3201 | Same as 840202. | |
233.3205 (1) and (3)(b) | Same as 840202. | |
2330307 | Same as 840202. | |
2410115 (6) | Repeals as obsolete a section referring to part 4 of article 21 of title 23 because the entire part was repealed by SB91225, chapter 99, page 589. | |
24301106 | Changes "division or the director of central services" to "department of personnel" and "director of central services" to "executive director" of the department of personnel because SB96228, chapter 273, page 1497, abolished the division of central services and transferred its duties to the department of personnel. | |
24301107 | Same as 24301106. | |
24301108 | Same as 24301106. | |
24301511 | Deletes a reference to section 24301510.6 which was repealed effective January 1, 1995. SB90100, chapter 165, section 5, page 1196. | |
24301512 | Same as 24301511. | |
Part 18 of article 30 of title 24 | Same as 2283102. | |
2433.51303 (1)(b) | Same as 840202. | |
2446.1101 (2)(a) | Subsection (2) (a) was amended by SB96208, chapter 270, page 1470, to strike "administration" and substitute "personnel". (2) (a) should have been repealed since the "department of personnel" is already listed in (2) (l). | |
2450134 IP(4) | Deletes an internal reference to subsection (5) and substitutes (5.1) because the provision was relocated effective July 1, 1985. | |
2450.3106 (2) | This section was amended by SB96228, chapter 273, page 1493, to authorize the revisor of statutes to change "division of administrative hearings" to "department of personnel". However, the final version of SB96228 did not eliminate the division of administrative hearings and the conforming change needed in this section was not made. | |
2451310 (1)(f) | Same as 840202. | |
2453108 (2)(b) | Same as 840202. | |
2454101 (3) | Same as 840202. | |
2470102 | Clarifies the definition of "secondclass matter" to reflect the change made by the United States Postal Service, effective July 1, 1996, from "Second Class mail" to "Periodical Postage". | |
2472110 (1) | In a provision that sets out a penalty for forgery with regard to a written instrument, changes "forgery in the second degree" to "forgery" to correspond with HB931302, chapter 322, page 1988, where the prohibitions contained in section 185103 concerning second degree forgery were moved to section 185102 concerning forgery. | |
2475605 IP(1) and IP(4) | Same as 840202. | |
2475903 (5) and (6) | In SB96228, chapter 273, page 1529, concerning the organization of the department of personnel, conforming amendments were made to change "state archivist" to "executive director". However, amendments that should have been made to section 2480102 (5) and (6) to incorporate this change were erroneously made to section 2475903 (5) and (6). Therefore, this section deletes the provisions and the next section adds them to the correct subsections. | |
2480102 (5) and (6) | Same as 2475903. | |
254715 | Repeals as obsolete a section providing for the July 1, 1994, repeal of specified sections referenced in the section. | |
2511203 (3)(b) | Reinserts existing language that was accidentally omitted when the section was amended by HB941029, chapter 345, page 2791, to change the name of the department. | |
265.3106 (2)(a) and (3) | Repeals subsection (2)(a) since the "legislative oversight committee for children, youth, and families" was established in SB93026, which did not pass. Therefore, the committee does not exist. In subsection (3), repeals the subsection as obsolete since the date specified to submit the plan has passed. | |
265.5102 (1)(f) | Changes "state board of social services" to "state board of human services" because the name of the department was changed by HB931317, chapter 230, page 1108 and HB941029, chapter 345, page 2603. | |
2710.5114 (6.5) | Changes the internal reference from "251107 (1) (ee) (II.5) (H)" to "251107 (1) (ee) (II.5) (I)" to correct an error made in the drafting of SB92084, chapter 177, page 1157. | |
2713107 | Adds the language "the special intensive treatment demonstration" to clarify the meaning of unit, which was established in 2713106. | |
2713108 | Same as 2713107. | |
295105 | Same as 840202. | |
295107 | Same as 840202. | |
295108 | Same as 840202. | |
295109 | Same as 840202. | |
295110 | Same as 840202. | |
297101 (3)(b)(II) | Same as 840202. | |
3015105 | Same as 840202. | |
31101507 | Same as 2472110. | |
3130105 (2) | Same as 840202. | |
3211002 (1)(h), (2)(b)(IV), (2)(c)(II), (2)(e), and (2)(h) | Same as 840202. | |
3215129 (1)(c) | Changes "board" to "commission" because the section describes the powers and duties of the football stadium site selection commission. Section 3215132, referred to in the last sentence of this section, correctly refers to "commission". HB961374, chapter 214, page 1076. | |
3420103 (2), (3), (4), and (5) | Deletes references to article 10 of title 34 and to the Colorado joint review process since that article where the joint review process was created was repealed effective July 1, 1996, in HB901103, chapter 47, page 333. | |
3523.5108 | Repeals as obsolete a section providing for the July 1, 1995, repeal of specified sections referenced in the section. | |
391103 (17)(a)(II)(B) | Corrects an error made in the drafting of a House Floor amendment amending SB96218 in which the referenced section specifies "personal property" rather than "property". (See House Journal, page 1884, May 6, 1996.) | |
4027114 | Same as 840202. | |
424501 | In a provision concerning vehicle size and weight limitations, changes a reference to a section where local authorities may alter limitations to correspond with the relocation of sections when the traffic laws were recodified in SB94001. | |
840301 (3)(c) | In the section that specifies the scope of the term "employee" in the workers' compensation statutes, adds an internal reference to a provision concerning inmates working for a joint venture to reference venture agreements of the department of corrections. The reference was deleted as obsolete from this section in 1995 by HB951212, chapter 220, page 1091, because the referenced section was repealed by SB87207, chapter 127, page 664, effective June 30, 1994. However, the section was subsequently recreated and reenacted by HB951087, chapter 190, page 875. | |
191103.5 | Repeals a section that was enacted by HB961019, chapter 19, page 82, which referenced sections that were created in HB961037 which did not pass. | |
192921 (3)(b) | Adds "aggravated juvenile offender" to a provision providing for the commitment of juveniles to the department of human services to conform the paragraph with other provisions of the children's code as amended by HB961005, chapter 283. | |
251802 (1)(a) | Changes "psychiatric or psychological" to "mental health" to conform the paragraph to similar changes made by a senate third reading amendment to HB971157. (See Senate Journal, page 579, March 24, 1997) | |
3851109.3 | Corrects an error made in the drafting of the House Local Government Committee report to HB971261, dated February 10, 1997, in which instructions were written to delete a portion of a line and substitute language which left unnecessary language at the end of the sentence. | |
395122.5 | Repeals a section concerning taxpayer's remedies for incorrect valuations used for property tax levied in 1987 as obsolete. | |
4242001 | Corrects an error made in the drafting of SB97058 in which an internal reference to C.F.R. was incorrectly cited. |