This information is prepared as an informational service only and should not be relied upon as an official record of action taken by the Colorado General Assembly.
Sixty-first General Assembly
LLS NO. 980340.01D CLB
SENATE BILL 98190
STATE OF COLORADO
BY SENATORS Matsunaka, Perlmutter, Wattenberg, Wells, and Wham;
also REPRESENTATIVES Kreutz, Adkins, Grossman, Kaufman, and Nichol.
REREVISED
JUDICIARY
A BILL FOR AN ACT
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.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
adopted.)
Committee on Legal Services Revisor's Bill.
Amends or repeals various statutory provisions which are obsolete,
inconsistent, or in conflict with other law, clarifies the language
and more accurately reflects the legislative intent of the laws.
The specific reasons for each amendment or repeal are set forth
in the appendix to this bill.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 13103 (9), Colorado Revised Statutes, is amended to read:
13103. Party committees.
(9) Within ninety days after the organization of the
state central committees of the two major political parties in
each oddnumbered year, each committee shall adopt in its
bylaws or rules its general guidelines and regulations for all
county party matters. Such bylaws or rules shall establish a
procedure for the selection of delegates to any party assembly
that is consistent with party practice. Any method under such
procedure for choosing or allocating delegates in a county based
on the number of votes cast at an election for a particular candidate
shall be uniform among the counties so that all types of ballots
are counted or not counted for purposes of determining the number
of votes cast. Any county central committee may adopt its own
rules and regulations in conformance with those of the state central
committee. In the absence of county rules pertaining to specific
items, the party's state central committee's guidelines, rules,
and regulations shall apply. Each state central committee shall
file its party's bylaws or rules with the secretary of state no
later than the first Monday in February in each evennumbered
year and, if filed prior to that date, the bylaws or rules may
be amended until that date. No bylaw or rule may be filed or
amended after the first Monday in February in each evennumbered
year. except that such bylaws and
rules may be amended as required solely to accommodate changes
in the precinct caucus day or other action taken by the secretary
of state pursuant to section 22506 (1) (c) (IV), C.R.S.
Where the bylaws or rules are not filed in accordance with this
section, the party's state central committee, as well as the party's
county central committee, shall be subject to the code through
the general election of the same year.
SECTION 2. 140121 (1), Colorado Revised Statutes, is amended to read:
140121. Receiving money
to circulate petitions filing. (1) The
proponents of the petition shall file with the official who receives
filings under the "Campaign Reform
Act of 1974" "FAIR CAMPAIGN
PRACTICES ACT", article 45 of this title, for the election
the name, address, and county of voter registration of all circulators
who were paid to circulate any section of the petition, the amount
paid per signature, and the total amount paid to each circulator.
The filing shall be made at the same time the petition is filed
with the secretary of state. Any payment made to circulators
is an expenditure under article 45 of this title.
SECTION 3. 22307 (1), Colorado Revised Statutes, is amended to read:
22307. Compensation of
members reimbursement of expenses.
(1) Commencing January
2, 1999, ON THE FIRST DAY OF THE
LEGISLATIVE SESSION BEGINNING IN JANUARY OF 1999, all members
of the general assembly elected at the 1998 general election and
thereafter and members appointed to fill vacancies for unexpired
terms of those members shall receive as base compensation for
their services the sum of thirty thousand dollars per annum, payable
at the rate of two thousand five hundred dollars per month.
SECTION 4. 22307, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
22307. Compensation of members reimbursement of expenses repeal. (1.5) (a) COMMENCING JANUARY 2, 1985, ALL MEMBERS OF THE GENERAL ASSEMBLY ELECTED AT THE 1984 GENERAL ELECTION AND THEREAFTER AND MEMBERS APPOINTED TO FILL VACANCIES FOR UNEXPIRED TERMS OF SUCH MEMBERS SHALL RECEIVE AS BASE COMPENSATION FOR THEIR SERVICES THE SUM OF SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS PER ANNUM, PAYABLE AS FOLLOWS:
(I) IN THE MONTHS OF JANUARY, FEBRUARY, MARCH, AND APRIL, A MEMBER SHALL BE COMPENSATED AT THE RATE OF TWO THOUSAND ONE HUNDRED EIGHTYSEVEN DOLLARS AND FIFTY CENTS PER MONTH.
(II) FOR THE REMAINING EIGHT MONTHS OF THE YEAR, A MEMBER SHALL BE COMPENSATED AT THE RATE OF ONE THOUSAND NINETYTHREE DOLLARS AND SEVENTYFIVE CENTS PER MONTH.
(b) (I) THIS SUBSECTION (1.5) SHALL NOT APPLY TO MEMBERS OF THE GENERAL ASSEMBLY ELECTED AT THE 1998 GENERAL ELECTION AND THEREAFTER AND MEMBERS APPOINTED TO FILL VACANCIES FOR UNEXPIRED TERMS OF SUCH MEMBERS.
(II) THIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE JANUARY 15, 2001.
SECTION 5. 23203 (1) (b.1), Colorado Revised Statutes, is amended to read:
23203. Powers and duties of the joint budget committee repeal. (1) The committee has the following power and duties:
(b.1) (I) Effective July 1, 2004, to hold hearings as required and to review the executive budget and the budget requests of each state agency and institution, including proposals for construction of capital improvements, and to make appropriation recommendations to the appropriation committees of each house.
(II) (A) EFFECTIVE JULY 1, 1994, TO HOLD HEARINGS AS REQUIRED AND TO REVIEW THE EXECUTIVE BUDGET AND THE BUDGET REQUESTS OF EACH STATE AGENCY AND INSTITUTION, EXCEPT FOR PROPOSALS FOR CONSTRUCTION OF CAPITAL IMPROVEMENTS PURSUANT TO THE PROVISIONS OF PART 13 OF THIS ARTICLE, AND TO MAKE APPROPRIATION RECOMMENDATIONS TO THE APPROPRIATION COMMITTEES OF EACH HOUSE. (B) THIS SUBPARAGRAPH (II) IS REPEALED, EFFECTIVE JULY 1, 2004.
SECTION 6. 56104 (5), Colorado Revised Statutes, is amended to read:
56104. Powers of administrator
harmony with federal regulations reliance on rules
duty to report. (5) The
administrator shall report to the commission annually on or before
December 1 on the operation of his
THE ADMINISTRATOR=S
office, on his recommendations on
adjustment of dollar amounts (section 51106),
on the use of consumer credit in the state, and on the problems
of persons of small means obtaining credit from persons regularly
engaged in extending sales or loan credit. For the purpose of
making the report, the administrator is authorized to conduct
research and make appropriate studies. The report shall include
a description of the examination and investigation procedures
and policies of his
THE ADMINISTRATOR=S
office, a statement of policies followed in deciding whether to
investigate or examine the offices of credit suppliers subject
to this code, a statement of the number and percentages of offices
which
THAT are periodically investigated or examined, a statement of
the types of consumer credit problems of both creditors and debtors
which
THAT have come to his
THE ADMINISTRATOR=S
attention through his OR HER examinations and investigations and
the disposition of them under existing law, a statement of the
extent to which the rules of the administrator pursuant to this
code are not in harmony with the regulations prescribed by the
board of governors of the federal reserve system pursuant to the
"Federal Consumer Credit Protection Act" or the rules
of administrators in other jurisdictions which enact the "Uniform
Consumer Credit Code" (including
any adjustment of dollar amounts)
and the reasons for such variations, and a general statement of
the activities of his OR HER office and of others to promote the
purposes of this code. The report shall not identify the creditors
against whom action is taken by the administrator.
SECTION 7. 764907 (5), Colorado Revised Statutes, is amended to read:
764907. Statement of merger.
(5) A filed and, if appropriate, recorded statement
of merger, executed and declared to
be accurate pursuant to section 764105
(3), stating the name of a partnership or limited partnership
that is a party to the merger in whose name property was held
before the merger and the name of the surviving entity, but not
containing all of the other information required by subsection
(2) of this section, operates with respect to the partnerships
or limited partnerships named to the extent provided in subsections
(3) and (4) of this section.
SECTION 8. 1031104 (4) (a), Colorado Revised Statutes, is amended to read:
1031104. Unfair methods of competition and unfair or deceptive acts or practices. (4) The following is defined as an unfair practice in the business of insurance: For an insurer to deny, refuse to issue, refuse to renew, refuse to reissue, cancel, or otherwise terminate a motor vehicle insurance policy, to restrict motor vehicle insurance coverage on any person, or to add any surcharge or rating factor to a premium of a motor vehicle insurance policy solely because of:
(a) A conviction under section 1246112
(1) (c), C.R.S., section 1247128 (1) (b)
1247901 (1) (b), C.R.S., or section 1813122
(2), C.R.S., or any counterpart municipal charter or ordinance
offense or because of any driver's license revocation resulting
from such conviction. This paragraph (a) includes, but is not
limited to, a driver's license revocation imposed under section
422125 (1) (m), C.R.S.
SECTION 9. 108503 (17.5), Colorado Revised Statutes, is amended to read:
108503. Definitions. As used in this part 5, unless the context otherwise requires:
(17.5) "Qualifying previous coverage"
has the same meaning as "credible
coverage" "CREDITABLE COVERAGE"
as set forth in section 1016102 (13.7).
SECTION 10. 1223116 (3), Colorado Revised Statutes, is amended to read:
1223116. Inspection
application standards. (3) A
state electrical inspector shall inspect the work performed, and,
if such work meets the minimum standards set forth in the national
electrical code referred to in section 1223104
(3) (a) 1223104 (2) (a),
a certificate of approval shall be issued by the inspector. If
such installation is disapproved, written notice thereof together
with the reasons for such disapproval shall be given by the inspector
to the applicant. If such installation is hazardous to life or
property, the inspector disapproving it may order the electrical
service thereto discontinued until such installation is rendered
safe and shall send a copy of the notice of disapproval and order
for discontinuance of service to the supplier of electricity.
The applicant may appeal such disapproval to the board and shall
be granted a hearing by the board within seven days after notice
of appeal is filed with the board. After removal of the cause
of such disapproval, the applicant shall make application for
reinspection in the same manner as for the original inspection
and pay the required reinspection fee.
SECTION 11. 1247901 (1) (h) (II), Colorado Revised Statutes, is amended to read:
1247901. Unlawful acts exceptions. (1) Except as provided in section 1813122, C.R.S., it is unlawful for any person:
(h) (II) Notwithstanding subparagraph
(I) of this paragraph (h), it shall not be unlawful for a person
who is at least twentyone years of age to consume malt,
vinous, or spirituous liquors while such person is a passenger
aboard a luxury limousine, as defined in section 4016101
(3), C.R.S., or a charter or scenic bus, as defined in section
4016101 (1), C.R.S. Nothing in this subparagraph
(II) shall be construed to authorize an owner or operator of a
luxury limousine or charter or scenic bus to sell or distribute
malt, vinous, or spirituous liquors without obtaining a public
transportation system license pursuant to section 1247122
1247419.
SECTION 12. 1247.11502, Colorado Revised Statutes, is amended to read:
1247.11502. Repeal of part.
This part 15 is repealed, effective July 1, 2001
2002.
SECTION 13. Repeal. 131135 (2), Colorado Revised Statutes, is repealed as follows:
131135. Family courts
implementation report. (2) In
reviewing the current structure of the courts and the need to
implement a family court system pursuant to subsection (1) of
this section, the state court administrator is urged to consider
the following:
(a) The one judgeone family
concept for families involved in domestic matters;
(b) The use of mediation and arbitration
in domestic matters; and
(c) The obligation of professionals
involved in actions concerning families and children to inform
the court of other actions involving that family and child.
SECTION 14. 134102 (2) (o) and (2) (aa), Colorado Revised Statutes, are amended to read:
134102. Jurisdiction. (2) The court of appeals shall have initial jurisdiction to:
(o) Review all final actions and orders
appropriate for judicial review of the passenger tramway safety
board, as provided in section 255715
255708, C.R.S.;
(aa) Review
final actions and orders of the state inspector of oils that are
appropriate for judicial review, as provided in part 4 of article
20.5 of title 8, C.R.S.;
SECTION 15. 1340104 (1) (c), (1) (f), and (1) (g), Colorado Revised Statutes, are amended to read:
1340104. Unlawful detention defined. (1) Any person is guilty of an unlawful detention of real property in the following cases:
(c) When any lessee or tenant at will,
or by sufferance, or for any part of a year, or for one or more
years, of any real property, including a specific or undivided
portion of a building or dwelling, holds over and continues in
possession of the demised premises, or any portion thereof, after
the expiration of the term for which the same were leased, or
after such tenancy, at will or sufferance, has been terminated
by either party; except as provided
in subsection (2) of this section;
(f) When the property has been duly sold
under any power of sale, contained in any mortgage or trust deed
which
THAT was executed by such person, or any person under whom he
SUCH PERSON claims by title subsequent to date of the recording
of such mortgage or trust deed, and the title under such sale
has been duly perfected and the purchaser at such sale, or his
OR HER assigns, has duly demanded the possession thereof; except
as provided in subsection (2) of this section;
(g) When the property has been duly sold
under the judgment or decree of any court of competent jurisdiction
and the party or privies to such judgment or decree, after the
expiration of the time of redemption when redemption is allowed
by law, refuses or neglects to surrender possession thereof after
demand therefor has been duly made by the purchaser at such sale,
or his OR HER assigns; except as provided
in subsection (2) of this section;
SECTION 16. 1390107 (1) (i), Colorado Revised Statutes, is amended to read:
1390107. Who may not testify without consent. (1) There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate; therefore, a person shall not be examined as a witness in the following cases:
(i) A confidential intermediary, as defined
in section 195302 (7)
191103 (26), C.R.S., shall not be examined as to communications
made to him OR HER in official confidence when the public interests,
in the judgment of the court, would suffer by the disclosure of
such communications.
SECTION 17. 165401 (10), Colorado Revised Statutes, is amended to read:
165401. Limitation for
commencing criminal proceedings. (10) Notwithstanding
the provisions of paragraph (a) of subsection (1) of this section,
the period of time during which a person may be prosecuted shall
be three years after the date of the affected election as to a
charge of any violation of any provision of the "Campaign
Reform Act of 1974" "FAIR
CAMPAIGN PRACTICES ACT", article 45 of title 1, C.R.S., or
any criminal attempt, conspiracy, or solicitation to violate any
provision of the "Campaign Reform
Act of 1974" "FAIR CAMPAIGN
PRACTICES ACT". This subsection (10) shall apply to offenses
committed on or after July 1, 1991.
SECTION 18. 1722.5404 (2) (a) (I), Colorado Revised Statutes, is 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 172214 (2)
(a) 172214;
SECTION 19. 1724106.6 (5), Colorado Revised Statutes, is amended to read:
1724106.6. Surplus and
excess equipment and supplies. (5) Any
moneys in any accounts or funds administered by the department
of administration which
THAT are derived from the administration of part 4 of article
82 of title 24, or article 108 of
title 24, C.R.S., shall be transferred
to the surplus property fund.
SECTION 20. 1727.1101 (2), Colorado Revised Statutes, is amended to read:
1727.1101. Nongovernmental
facilities for offenders notice requirements.
(2) When a person is placed or proposed for placement
in any nongovernmental community corrections type facility as
described in subsection (1) of this section where inmates are
not incarcerated twentyfour hours per day and within the
last five years the person has been convicted of a class 1, class
2, or class 3 violent felony, or the equivalent in another jurisdiction,
as defined in section 1611309
(2) (a) (I), (2) (a) (II), and (2) (a) (III),
1611309 (2) (a) AND (2) (b), C.R.S., notwithstanding
whether a separate sentencing enhancement count is charged or
otherwise invoked, then the local community corrections board
shall have the authority to reject such placement.
SECTION 21. 191104 (1) (a), Colorado Revised Statutes, is amended to read:
191104. Jurisdiction. (1) Except as otherwise provided by law, the juvenile court shall have exclusive original jurisdiction in proceedings:
(a) Concerning any child committing a
delinquent act, as defined in section 192101
191103 (36);
SECTION 22. 191115 (1), Colorado Revised Statutes, is amended to read:
191115. Legal custody
guardianship placement out of the home.
(1) (a) In awarding legal custody of a child
pursuant to the provisions of this title, the court may, if in
the best interests of the child, give preference to the child's
grandparent who is appropriate, capable, willing, and available
to care for the child, if the court finds that there is no suitable
natural or adoptive parent available, with due diligence having
been exercised in attempting to locate any such natural or adoptive
parent. Any individual, agency, or institution vested by the court
with legal custody of a child shall have the rights and duties
defined in section 191103
(18) 191103 (73).
(b) Any individual, agency, or institution vested
by the court with the guardianship of the person of a child shall
have the rights and duties defined in section 191103
(15) 191103 (60); except
that no guardian of the person may consent to the adoption of
a child unless that authority is expressly given him
by the court.
SECTION 23. 191116 (4) (a), Colorado Revised Statutes, is amended to read:
191116. Funding
alternatives to placement out of the home. (4) (a) The
departments of human services and education and the judicial department
shall jointly develop guidelines for the content and submission
of plans as described in paragraph (b) of subsection (2) of this
section. Said guidelines shall include but not be limited to
the information which
THAT is gathered by the commission, the goals to be addressed
by the plan, the form of the budget for expenditures which
THAT are to be made under the plan, the services which
THAT are to be provided which are intended to prevent or minimize
placement out of the home and to reunite children with their families
and to what extent, and the method by which the plan may be amended
during the year to meet the changing local conditions; except
that amendments to the plan on and after July 1, 1994, shall be
in accordance with subparagraph (II) of paragraph (b) of subsection
(2) of this section. On and after July 1, 1993, any amendments
to the guidelines shall be developed by the department of social
HUMAN services. Said guidelines shall then be submitted to the
state board of human services, which shall promulgate rules for
the submission of plans.
SECTION 24. 191208 (1) (b), Colorado Revised Statutes, is amended to read:
191208. Duties of CASA volunteer. (1) Independent case investigation. Upon appointment in an action, a CASA volunteer may have the duty to:
(b) Determine if an appropriate treatment
plan, as described in section 193508
191103 (10), has been created for the child, whether
appropriate services are being provided to the child and family,
and whether the treatment plan is progressing in a timely manner.
SECTION 25. The introductory portion to 191307 (2) and 191307 (2) (p), Colorado Revised Statutes, are amended to read:
191307. Dependency and
neglect records and information. (2) Records
and reports access to certain persons agencies. Except
as otherwise provided in section 191203
191303, only the following persons or agencies shall
be given access to child abuse or neglect records and reports:
(p) The governing body as defined in section
191103 (54) and the citizen review panels created
pursuant to section 193209
193211, for the purposes of carrying out their conflict
resolution duties as set forth in section 193209
193211 and rules promulgated by the state department
of human services;
SECTION 26. 191309, Colorado Revised Statutes, is amended to read:
191309. Relinquishments
and adoption information. Except
as provided in parts 3 and 4 of article 5 of this title and section
191303, all records and proceedings in relinquishment
or adoption shall be confidential and open to inspection only
upon order of the court for good cause shown. The court shall
act to preserve the anonymity of the biological parents, the adoptive
parents, and the child, except to the extent disclosure is made
pursuant to a designated adoption or pursuant to section 194106
(2) 195104 (2) or part
3 or 4 of article 4 of this title. A separate docket shall be
maintained for relinquishment proceedings and for adoption proceedings.
SECTION 27. 193307 (4), Colorado Revised Statutes, is amended to read:
193307. Reporting procedures.
(4) A written report from persons or officials required
by this part 3 to report known or suspected child abuse or neglect
shall be admissible as evidence in any proceeding relating to
child abuse, subject to the limitations of section 191120
191307.
SECTION 28. 193703, Colorado Revised Statutes, is amended to read:
193703. Permanent home. In
a county designated pursuant to section 191123, if
a child is under six years of age at the time a petition is filed
in accordance with section 193501 (2), the child shall
be placed in a permanent home no later than twelve months after
the original placement out of the home unless the court determines
that a placement in a permanent home is not in the best interests
of the child at that time. In determining whether such a placement
delay is in the best interests of the child, the court must be
shown clear and convincing evidence that reasonable efforts, as
defined in section 193101
(1) 191103 (89), were
made to find the child an appropriate permanent home and such
a home is not currently available or that the child's mental or
physical needs or conditions deem it improbable that such child
would have a successful permanent placement. The caseworker and
the child's guardian ad litem shall provide the court with a report
specifying which services are being given the child in order to
remedy the child's problems. The case shall be reviewed at least
every six months until the child is permanently placed. Clear
and convincing standards of evidence shall be applicable at any
such review. For the purposes of this section, a permanent home
shall include, but not be limited to, the child's reunification
with the child's parents; placement with a relative, with a potential
adoptive parent, or permanent custody granted to another; or,
if the child cannot be returned home, placement in the least restrictive
level of care.
SECTION 29. 195203 (1) (f), Colorado Revised Statutes, is amended to read:
195203. Availability for adoption. (1) A child may be available for adoption only upon:
(f) Written and verified consent of the
parent or parents as defined in section 191103
(21) 191103 (82) in a
stepparent adoption where the child is conceived and born out
of wedlock;
SECTION 30. 221120 (8), Colorado Revised Statutes, is amended to read:
221120. Rights of free
expression for public school students. (8) Nothing
in this section shall be construed to limit the promulgation or
enforcement of lawful school regulations designed to control gangs.
For the purposes of this section, the definition of "gang"
shall be the definition found in section 1921111
(2) (d) (II) 191103 (52),
C.R.S.
SECTION 31. 2230.5109 (1), Colorado Revised Statutes, is amended to read:
2230.5109. Charter schools
restrictions establishment number.
(1) School districts may,
but shall not be obligated to, establish charter schools prior
to the 199495 school year.
A local board of education may reasonably limit the number of
charter schools in the school district.
SECTION 32. 2232110 (2) (b) (IV), Colorado Revised Statutes, is amended to read:
2232110. Board of education specific powers. (2) (b) The board of education of each school district shall adopt a written conduct and discipline code as required by section 2232109 (1) (w) which shall include, but need not be limited to:
(IV) Policies and procedures for the use
of acts of reasonable and appropriate physical intervention or
force in dealing with disruptive students; however, no board shall
adopt a discipline code which
THAT includes provisions which
THAT are in conflict with the definition of child abuse in sections
186401 (1) and 193303
(1) 191103 (1), C.R.S.;
SECTION 33. 244.1110 (3), Colorado Revised Statutes, is amended to read:
244.1110. Recovery from
collateral source. (3) If
a defendant is ordered to pay restitution under section 1611204.5,
1728102, 184304
or 184401, C.R.S., to a person who has received compensation
awarded under this part 1, an amount equal to the compensation
awarded shall be transmitted from such restitution to the board
for allocation to the fund.
SECTION 34. 246203 (1), Colorado Revised Statutes, is amended to read:
246203. Reporting by incumbents
and elected candidates gifts, honoraria, and other benefits
penalty. (1) (a) As
used in this section, the terms "appropriate officer"
AND "candidate" and "public
office" shall have the meanings
ascribed to them in section 145103, C.R.S., of the
"Campaign Reform Act of 1974"
"FAIR CAMPAIGN PRACTICES ACT".
(b) (I) AS USED IN THIS SECTION, THE TERM "PUBLIC OFFICE" MEANS ANY OFFICE VOTED FOR IN THIS STATE AT ANY ELECTION.
(II) "PUBLIC OFFICE" DOES NOT INCLUDE:
(A) THE OFFICE OF PRESIDENT OR VICE PRESIDENT OF THE UNITED STATES;
(B) THE OFFICE OF SENATOR OR REPRESENTATIVE IN THE CONGRESS OF THE UNITED STATES;
(C) ANY OFFICE IN A POLITICAL PARTY CHOSEN PURSUANT TO SECTIONS 13103, 14403, AND 14701, C.R.S.;
(D) ANY POLITICAL PARTY OFFICE IN AN ASSEMBLY OR CONVENTION, INCLUDING DELEGATES THERETO; OR
(E) ANY ELECTIVE OFFICE WITHIN A SPECIAL DISTRICT FOR WHICH THE ANNUAL COMPENSATION IS LESS THAN TWELVE HUNDRED DOLLARS.
(III) "PUBLIC OFFICE" INCLUDES THE OFFICE OF GOVERNOR, LIEUTENANT GOVERNOR, SECRETARY OF STATE, ATTORNEY GENERAL, STATE TREASURER, STATE BOARD OF EDUCATION, REGENTS OF THE UNIVERSITY OF COLORADO, THE COLORADO COURT OF APPEALS, OR THE SUPREME COURT OF COLORADO.
SECTION 35. 249101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
249101. Salaries of elected state officials. (3) (a) COMMENCING ON AND AFTER THE SECOND TUESDAY IN JANUARY, 1987, BUT PRIOR TO THE SECOND TUESDAY IN JANUARY, 1999, THE FOLLOWING STATE OFFICIALS SHALL RECEIVE ANNUAL SALARIES AND ALLOWANCES, PAYABLE MONTHLY, AS FOLLOWS:
(I) GOVERNOR, SEVENTY THOUSAND DOLLARS;
(II) LIEUTENANT GOVERNOR, FORTYEIGHT THOUSAND FIVE HUNDRED DOLLARS;
(III) PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MINORITY LEADER OF THE SENATE, OR MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, WHILE FOR ANY REASON ACTING AS GOVERNOR, THE SUM OF TWENTY DOLLARS PER DAY AS EXPENSES;
(IV) ATTORNEY GENERAL, SIXTY THOUSAND DOLLARS;
(V) SECRETARY OF STATE, FORTYEIGHT THOUSAND FIVE HUNDRED DOLLARS;
(VI) STATE TREASURER, FORTYEIGHT THOUSAND FIVE HUNDRED DOLLARS.
(b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE THE SECOND TUESDAY IN JANUARY, 1999.
SECTION 36. Repeal. 2434104 (19.1) (b), Colorado Revised Statutes, is repealed as follows:
2434104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment.
(19.1) The following boards and the functions of the specified agencies shall terminate on July 1, 1990:
(b) The certification
functions of the division of administration in the department
of health relating to asbestos control performed in accordance
with part 5 of article 7 of title 25, C.R.S.;
SECTION 37. 2434507 (4), Colorado Revised Statutes, is amended to read:
2434507. Injunctive relief.
(4) If, upon all the evidence at a hearing, the commission
finds that a respondent has not engaged in any such unfair housing
practice, the district court which has granted temporary relief
or restraining orders pursuant to the petition filed by the commission
or commissioner shall dismiss such temporary relief or restraining
orders. Any person filing a charge alleging an unfair housing
practice with the commission, a commissioner, or the attorney
general may not thereafter apply, by himself OR HERSELF or by
his OR HER attorneyatlaw, directly to the district
court for any further relief under this part 5, except as provided
in sections
SECTION 2434307. and 2434510.
SECTION 38. 24103207 (1), Colorado Revised Statutes, is amended to read:
24103207. State purchases
of recycled paper and recycled products.
(1) When purchasing paper and paper products, the
executive director or any purchasing agent shall, whenever the
price is competitive and the quality adequate for the purpose
intended, purchase recycled paper, as defined in section 819.7102
(3) 131133 (4) (d), C.R.S.
SECTION 39. 2613112 (2) (c), Colorado Revised Statutes, is amended to read:
2613112. Child support
incentive payments. (2) (c) In
federal fiscal year 1988 and each federal fiscal year thereafter,
the child support incentives to be distributed to county departments
of social services shall be the amount of the federal incentives
paid to the state plus one hundred percent of the state incentives
paid to county departments of social services pursuant to section
2613108. except as otherwise
provided in section 2613108 (2).
SECTION 40. Repeal. 3011107 (1) (ee), Colorado Revised Statutes, is repealed as follows:
3011107. Powers of the board. (1) The board of county commissioners of each county has power at any meeting:
(ee) To establish
by resolution a nongaming property tax deferral program pursuant
to the provisions of article 3.9 of title 39, C.R.S., including
the power to establish and collect a filing fee to be paid by
persons filing a claim for a nongaming property tax deferral pursuant
to such program;
SECTION 41. 3015401 (1) (d.5), Colorado Revised Statutes, is amended to read:
3015401. General regulations. (1) In addition to those powers granted by sections 3011101 and 3011107 and by parts 1, 2, and 3 of this article, the board of county commissioners has the power to adopt ordinances for control or licensing of those matters of purely local concern which are described in the following enumerated powers:
(d.5) To discourage juvenile delinquency
through the imposition of curfews applicable to juveniles, the
restraint and punishment of loitering by juveniles, and the restraint
and punishment of defacement of, including the affixing of graffiti
to, buildings and other public or private property by juveniles.
For purposes of this paragraph (d.5), "juvenile" means
a juvenile as defined in section 192101
(7) 192103 (10), C.R.S.
SECTION 42. Repeal. 3115901 (1) (d), Colorado Revised Statutes, is repealed as follows:
3115901. Miscellaneous powers. (1) The governing body of each municipality has the power:
(d) To establish
by ordinance a nongaming property tax deferral program pursuant
to the provisions of article 3.9 of title 39, C.R.S., including
the power to establish and collect a filing fee to be paid by
persons filing a claim for a nongaming property tax deferral pursuant
to such program.
SECTION 43. 3130.5307 (1) (b) (I), Colorado Revised Statutes, is amended to read:
3130.5307. State contribution.
(1) (b) (I) Each employer having rank escalation
and having old hire members, who have made the irrevocable election
to remain covered under the local plan, as provided in section
3131701 (2), shall determine for each such employee
the percentage that such employee's years served as of January
1, 1980, bear to the total number of years required for retirement.
At retirement, the retirement pension shall be divided into that
percentage and the remainder. The portion of the retirement pension
equal to that percentage earned as of January 1, 1980, shall be
subject to rank escalation as provided under the old hire pension
plan, and the remainder of the retirement pension shall be subject
to the same adjustment as that determined by the fire and police
pension association board of directors pursuant to section 3131307
3131407.
SECTION 44. 3131202 (2) (a) (II), Colorado Revised Statutes, is amended to read:
3131202. Powers and duties of the board. (2) (a) The board has the sole power to determine eligibility for retirement for disability, whether total or occupational, for any police officer or firefighter in this state whether or not such member is covered by the provisions of this article, except for the following:
(II) Those police officers and firefighters
whose employers have established exempt alternative pension plans,
including exempt alternative defined benefit plans that are administered
on an actuarially sound basis, based upon assumptions and methodology
adopted by the board for statewide use, on or before December
1, 1978, in accordance with the provisions of part 8 of article
30.5 of this title, unless such plans have elected to become covered
under the statewide death and disability plan pursuant to section
3131801 (2)
3131802 (1).
SECTION 45. 327109 (1) (b), Colorado Revised Statutes, is amended to read:
327109. Election for formation,
selection of services, and initial board of directors.
(1) (b) The court shall direct the election committee
to publish notice thereof within seven days of the directive according
to the provisions of section 15204
15205, C.R.S., setting forth the list of proposed
services and the requirements for nomination to the board. Independent
candidates for a district office may be nominated by filing with
the election committee, on forms supplied by the committee, a
nomination petition signed by at least twentyfive eligible
electors of the district in which the candidate resides. Nothing
in this article shall be construed to restrict a political party
from making nominations to the board of directors of the service
authority by conventions of delegates or by primary election or
by both.
SECTION 46. 328107 (1) (j), Colorado Revised Statutes, is amended to read:
328107. Powers of board. (1) The board has power on behalf of said district:
(j) To deposit moneys of the district
that are not required to be transferred to each of the counties
of the district or to the city and county of Denver pursuant to
section 328124 (3)
and that are not needed in the conduct of district affairs in
any depository authorized in section 2475603, C.R.S.
For the purpose of making such deposits, the board may appoint,
by written resolution, one or more persons to act as custodians
of the moneys of the district. Such persons shall give surety
bonds in such amounts and form and for such purposes as the board
requires.
SECTION 47. 3212108 (1) (b), Colorado Revised Statutes, is amended to read:
3212108. Election for formation
acquisitions services mill levy limit
board. (1) (b) The court
shall direct the election committee to publish notice of the election
setting forth the list of proposed railroad facilities acquisitions,
proposed services, and maximum mill levy and
the requirements for nomination to the board as determined by
the organizational commission in conformity with the provisions
of section 3210113 to the degree applicable
and to conduct the election pursuant to articles 1 to 13 of title
1, C.R.S.
SECTION 48. The introductory portion to 3557.5105 (2), Colorado Revised Statutes, is amended to read:
3557.5105. Colorado sheep
and wool board creation. (2) The
board members and alternates shall be appointed from
the following districts AS FOLLOWS:
SECTION 49. 361107.5 (2) (c), Colorado Revised Statutes, is amended to read:
361107.5. Longterm
stewardship trust nomination. (2) (c) In
the notification, the state board of land commissioners shall
also request that the local governing body or bodies may also
include in its assessment and response any other factors the local
governing body or bodies determine are relevant for the consideration
of lands for the longterm stewardship trust, including the
criteria set forth in section 361105.7
THIS SECTION and in sections 9 and 10 of article IX of the state
constitution.
SECTION 50. 361136, Colorado Revised Statutes, is amended to read:
361136. Rightsofway
granted reversion. The
state board of land commissioners may grant rightsofway
across or upon any portion of state land for any ditch, reservoir,
railroad, communication system, electric power line, pipeline,
or other installation necessary for the operation of said services
or utilities and may grant rightsofway on any tracts
of state land to any person, public agency or instrumentality
of the United States, or to this state, or to any of the institutions,
agencies, counties, municipalities, districts, or other political
subdivisions of this state for the purpose of building schoolhouses
or public roads or highways or for any lawful use or purpose.
Any rightofway so granted shall be on such terms as
the board shall determine and shall be subject to the filing fee
specified in section 361112. (1)
(q). Said board may execute and
sign, as provided by this article, on behalf of this state, an
instrument in writing for such rightofway or grant.
This section shall not be construed to grant authority to said
board to convey title to any such land by a grant of rightofway.
Whenever rightsofway granted for any purposes mentioned
in this section cease to be used for such purposes, the rightsofway
shall terminate, and all rights shall revert to this state or
its successors in interest.
SECTION 51. 391119 (1), Colorado Revised Statutes, is amended to read:
391119. Funds held for
payment of taxes refund reduction and increase of
amounts penalty. (1) Each
year, subject to the provisions of sections
SECTION 393.5105 (2),
and 393.9103 (9), all
funds held in escrow for the payment of ad valorem taxes on property
pursuant to the terms of any deed of trust, mortgage, or other
agreement creating a security interest in the property on May
20 of that year for payment of such year's ad valorem taxes, in
excess of threetwelfths of the ad valorem taxes paid in
such year, shall be refunded on or before May 30 of the year in
which such taxes were paid.
SECTION 52. Repeal. 3910104.5 (11), Colorado Revised Statutes, is repealed as follows:
3910104.5. Payment dates
optional payment dates failure to pay delinquency.
(11) For
real property for which a nongaming property tax deferral has
been granted pursuant to article 3.9 of this title, the treasurer
shall be authorized to accept the amount of property taxes to
be paid by the taxpayer in equal installments and the amount of
deferred property taxes paid by the local government granting
the nongaming property tax deferral in a single payment. If more
than one local government grants a nongaming property tax deferral
for the same parcel of real property, each local government granting
such deferral shall pay the amount of deferred property taxes
in a single payment. For purposes of this subsection (11), if
the local government granting the nongaming property tax deferral
is a county, the amount of deferred property taxes transferred
by the county treasurer pursuant to section 393.9104
(1) shall be deemed to constitute payment of such deferred property
taxes. Property taxes paid by the taxpayer and by the local government
shall be paid in accordance with the deadlines established in
subsection (2) of this section.
SECTION 53. 39221803 (1), Colorado Revised Statutes, is amended to read:
39221803. Contributions
credited to the Colorado special olympics fund appropriation.
(1) The department of revenue shall determine annually
the total amount designated pursuant to section 39221802
and shall report such amount to the state treasurer and to the
general assembly. The state treasurer shall credit such amount
to the Colorado special olympic fund, which fund is hereby created
in the state treasury. At the end of each fiscal year, the state
treasurer shall after appropriations
are made to the department of revenue pursuant to subsection (2)
of this section, transfer all designated
moneys in the fund and all interest derived from the deposit and
investment of such moneys to the Colorado special olympics. All
interest derived from the deposit and investment of moneys in
the fund shall be credited to the fund.
SECTION 54. 3929110 (1) (a) (II), Colorado Revised Statutes, is amended to read:
3929110. Local government
severance tax fund creation administration
energy impact assistance advisory committee created.
(1) (a) (II) On or before December 31 in
the calendar year in which the state treasurer receives notification
of the election by the county pursuant to section 3463102
(3) (c) (II) (A), C.R.S., the executive director of the department
of local affairs shall distribute to each county making such election
an amount equal to the amount attributable to that county that
was transferred to the local government mineral impact fund pursuant
to section 3463102 (3)
(c) (II) (C) (3) (c) (II) (B), C.R.S.
SECTION 55. 4016104 (1) (e) and (1) (f), Colorado Revised Statutes, are amended to read:
4016104. Insurance requirements. (1) Each motor vehicle carrier exempt from regulation as a public utility shall maintain a general liability insurance policy, or, if such carrier is a public entity, a certificate of selfinsurance in lieu thereof, issued pursuant to section 427501, C.R.S., at the option of the public entity. Such an insurance policy shall be issued by some insurance carrier or insurer authorized to do business in Colorado for each motor vehicle of such carrier, and such certificate of selfinsurance shall be issued by the executive director of the department of revenue. For those motor vehicle carriers exempt from regulation as public utilities specified in paragraphs (a) to (f) of this subsection (1), such liability insurance shall be in the following minimum amounts:
(e) For property carriers by motor vehicle
that are not required to obtain a hazardous material permit under
section 436201
4220201, C.R.S., amounts and types of coverage required
by 49 C.F.R. part 1043; except that such carriers using only vehicles
weighing ten thousand pounds or less gross vehicle weight rating
shall maintain insurance in the amount of at least three hundred
thousand dollars combined single limit liability;
(f) For property carriers by motor vehicle
that are required to obtain a hazardous material permit under
section 436201
4220201, C.R.S., amounts and types of coverage required
by section 436202 (2)
(a) 4220202 (2) (a),
C.R.S.
SECTION 56. 4241706 (2), Colorado Revised Statutes, is amended to read:
4241706. Juveniles
convicted arrested and incarcerated provisions for
confinement. (2) Notwithstanding
any other provision of law, a child, as defined in section 191103
(4) 191103 (18), C.R.S.,
arrested and incarcerated for an alleged misdemeanor traffic offense
under this article, and not released on bond, shall be taken before
a county judge who has jurisdiction of such offense within fortyeight
hours for fixing of bail and conditions of bond pursuant to section
192204 (3)
192508 (4) (d), C.R.S. Such child shall not be confined
in a jail, lockup, or other place used for the confinement of
adult offenders for longer than seventytwo hours, after
which the child may be further detained only in a juvenile detention
facility operated by or under contract with the department of
human services. In calculating time under this subsection (2),
Saturdays, Sundays, and court holidays shall be included.
SECTION 570 184702 (1) (g), (1) (f), and (3) (d), Colorado Revised Statutes, as amended by House Bill 98-1041, enacted at the Second Regular Session of the Sixty-first General Assembly, are amended to read:
184702. Civil action
damages. (1) (g) There
shall be a rebuttable presumption that a violation of section
184701 (2) (d) has occurred if a person possesses
ten or more devices or printed circuit boards. If such rebuttable
presumption is not overcome, the court shall find that such person
committed civil theft of cable service willfully and for purposes
of commercial advantage or
private financial gain and
shall increase the damages award in accordance with paragraph
(a) of subsection (3) of this section.
(h) There shall be a rebuttable presumption
that a violation of section 184701 (2) (e) has occurred
if the person, while engaging in any of the prohibited acts, made
apparent to the buyer that the product would enable the buyer
to obtain cable service without payment to a cable operator.
If such rebuttable presumption is not overcome, the court shall
find that such person committed civil theft of cable service willfully
and for purposes of commercial advantage or
private financial gain and
shall increase the damages award in accordance with paragraph
(a) of subsection (3) of this section.
(3) (d) For
purposes of this subsection (3), "private financial gain"
shall not include the monetary gain realized by an individual
avoiding monthly cable service bills as a result of the individual's
private use of unauthorized programming.
SECTION 58. 237103 (1) (a), Colorado Revised Statutes, is amended to read:
237103. Presumptions and rules for determination of status. (1) Unless the contrary appears to the satisfaction of the registering authority of the institution at which a student is registering, it shall be presumed that:
(a) The domicile of an unemancipated minor
is that of the parent with whom he OR SHE resides or, if there
is a guardian of his OR HER person, that of such guardian, but
only if the court appointing such guardian (who has legal custody
of the minor child as defined in section
191103 (18), C.R.S. SECTION
191103 (73), C.R.S.) certifies that the primary purpose
of such appointment is not to qualify such unemancipated minor
as a resident of this state and that his OR HER parents, if living,
do not provide substantial support to the minor child;
SECTION 590 2490107 (3) (c) (III) (A), Colorado Revised Statutes, is amended to read:
2490107. Method of establishment.
(3) (c) (III) (A) Subject to the provisions
of subsubparagraphs (B) and (C) of this subparagraph (III),
the board of county commissioners of each county having territory
within the library service area of the proposed library district
shall pay no less than fifty percent of the costs of the election
for such library district if the petition submitted pursuant to
subsection (1) of this section contains signatures by registered
electors residing in the proposed library district in an amount
equal to at least five percent of the total number of votes cast
of any
IN EVERY precinct in the proposed library district for all
candidates for the office of secretary of state at the previous
general election.
SECTION 60. 266108 (2) (l), Colorado Revised Statutes, is amended to read:
266108. Denial of original license suspension revocation probation refusal to renew license. (2) The department may deny, suspend, revoke, or make probationary the license of any facility regulated and licensed under this part 1 should the licensee, person employed by the licensee, or person who resides with the licensee:
(l) Admit to an act of child abuse or if substantial
evidence is found that the licensee, person employed by the licensee,
or person who resides with the licensee in the licensed facility
has committed an act of child abuse. For the purposes of this
paragraph (l), "child abuse" has the same meaning as
that ascribed to it in section 193303
(1), C.R.S. THE TERM "ABUSE"
OR "CHILD ABUSE OR NEGLECT" IN SECTION 191103
(1), C.R.S.
SECTION 610 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.
APPENDIX
C.R.S. Section Reason
Section in bill
13103 (9) | In a provision concerning the filing of bylaws by state central committees, deletes a reference to an exception to the date by which these bylaws must be filed because the referenced provision (22506 (1) (c) (IV)) was repealed by SB94206, chapter 276, page 1623. | |
140121 (1) | Substitutes "Fair Campaign Practices Act" for "Campaign Reform Act of 1974" to reflect changes made to article 45 of title 1 by the 1996 initiative on campaign finance. | |
22307 (1) | Makes the new legislative salaries start on the first day of the legislative session following the 1998 general election to conform to the intent of SB97201, chapter 231, page 1176. | |
22307 (1.5) | To clarify salaries in effect until new terms begin following the 1998 general election, reinserts language that was deleted when this section was amended by SB97201, chapter 231, page 1176, to increase the salaries of the members of the general assembly and elected state officials, effective in January of 1999. | |
23203 (1)(b.1) | Reinserts language relating to the JBC that was inadvertently repealed in 1994 when the Capital Development Committee was extended to July 1, 2004. | |
56104 (5) | Deletes a reference to section 51106 concerning adjustments of dollar amounts by the administrator of the "Uniform Consumer Credit Code", which was repealed by SB97220, chapter 257, page 1472. | |
764907 (5) | Deletes language requiring a statement of merger to be declared accurate to correct an error made in a strike everything below the enacting clause amendment to HB971237 in House Committee on Business Affairs and Labor. The amendment deleted the requirement, but the conforming amendment in this section was not made. | |
1031104 (4) (a) | Deletes a reference to section 1246112 (1) (c) because it was eliminated by HB971076, chapter 80, page 217, which recodified the Colorado Beer Code and the Colorado Liquor Code. In addition, changes a reference from 1247128 (1) (b) to 1247901 (1) (b) to correspond with the relocation of provisions in the liquor code. | |
|
108503 (17.5) | In SB97041, chapter 153, page 613, a floor amendment in the second house inadvertently used the word "credible" instead of "creditable" in a definition added to the Colorado Uninsurable Health Insurance Plan that referenced a definition in the Colorado Health Care Coverage Act. (See House Journal, page 958, March 21, 1997.) | |
1223116 (3) | Changes an internal reference to correspond with the relocation of provisions made by HB881031, chapter 83, page 491, which repealed and reenacted the referenced section, resulting in the relocation of the requirement that electrical work meet minimum standards. | |
1247901 (1) (h) (II) | Changes an internal reference to correspond with the relocation of provisions made by HB971076, chapter 80, page 272, which recodified the Colorado Beer Code and the Colorado Liquor Code. | |
1247.11502 | Changes the termination date of the municipal limited gaming impact fund from July 1, 2001, to July 1, 2002, to correspond with the amendments made in the first house by the Committee on Local Government to SB97027, chapter 243, page 1377. | |
131135 (2) | Repeals as obsolete subsection (2) since subsection (1), which is referenced in subsection (2), was repealed, effective August 7, 1996, by HB961167, chapter 237, page 1264. | |
134102 (2) (o) and (2) (aa) | In subsection (2)(o), changes an internal reference to correspond with the relocation of provisions made by SB93019, chapter 267, page 1538, which repealed and reenacted sections 255705 to 255719. Deletes subsection (2)(aa) as obsolete since it refers to part 4 of article 20.5 of title 8, concerning underground storage tank installers, which was repealed, effective July 1, 1996, by HB951183, chapter 119, page 418. | |
1340104 (1) (c), (1) (f), and (1) (g) | HB861284, chapter 59, page 435, added subsection (2) to section 1340104 as a measure to ease the effects of the economy on the agricultural community. This provision permitted qualified farm ownertenants to retain possession of property under certain conditions. SB87123, chapter 280, page 1356, changed the original repeal date of 1340104 (2) from January 31, 1990, to January 31, 1989. Since this measure has been repealed, references to the exceptions in (1) (c), (1) (f), and (1) (g) are deleted. | |
|
1390107 (1) (i) | Changes an internal reference to correspond with the relocation of definitions affecting children made by HB961019, chapter 19, page 85. | |
165401 (10) | Same as 140121. | |
1722.5404 (2) (a) (I) | Corrects an internal reference from 172214 (2) (a) to 172214 to correspond to the fact that the right of the victim to attend parole hearings is contained in subsection (1) rather than subsection (2). | |
1724106.6 (5) | In a section added by HB861277, chapter 131, page 757, deletes a reference to article 108 of title 24, which was repealed by this same bill. | |
1727.1101 (2) | Changes an internal reference to correspond with the relocation of provisions made by HB941126, chapter 287, page 1715, which repealed and reenacted section 1611309 (2). | |
191104 (1) (a) | Same as 1390107. | |
191115 (1) | Same as 1390107. | |
191116 (4) (a) | Substitutes "department of human services" for "department of social services" to conform to HB931317, chapter 230, page 1108, and HB941029, chapter 345, page 2603, both of which pertained to the restructuring of the health and human services delivery systems in Colorado. | |
191208 (1) (b) | Same as 1390107. | |
191307 IP (2) and (2) (p) | In the introductory portion to subsection (2), changes an internal reference to correct a typographical error in which the reference to 191203 should have been to 191303 where the exchange of information regarding delinquency or dependency and neglect matters is located. In subsection (2)(p), corrects an internal reference to the creation of citizen review panels from 193209 to 193211 where such process is provided for. | |
|
191309 | Corrects an error in the drafting of HB961017, chapter 230, page 1169, in which an internal reference concerning disclosure of final order of relinquishment was cited as 194106 instead of 195104 where that provision is located. | |
193307 (4) | Corrects an internal reference to dependency and neglect records which was relocated to 191307 by HB961017, chapter 230, page 1166. | |
193703 | Same as 1390107. | |
195203 (1) (f) | Same as 1390107. | |
221120 (8) | Same as 1390107. | |
2230.5109 (1) | In the "Charter Schools Act", deletes language regarding the period of time by which school districts may establish charter schools. | |
2232110 (2) (b) (IV) | Same as 1390107. | |
244.1110 (3) | Deletes a reference to section 184304 which was repealed effective July 1, 1993, by HB931088, chapter 292, page 1742. | |
246203 (1) | Same as 140121 for the change to "Fair Campaign Practices Act." In addition, inserts the definition for "public office" previously contained in section 145103 because the term is no longer included in the amended version of section 145103. | |
249101 (3) | Same as 22307. | |
2434104 (19.1) (b) | Repeals a provision in the statute that provides for the sunset review of agencies by the general assembly in which the certification functions relating to asbestos control pursuant to part 5 of article 7 of title 25 was scheduled for termination on July 1, 1990. The provision is repealed to correspond to the extension of the termination date to July 1, 2001, in section 2434104 (30)(a)(IV). | |
2434507 (4) | Deletes a reference to section 2434510 which was repealed by HB921315, chapter 173, page 1127, concerning the modification of Colorado fair housing laws. | |
24103207 (1) | Deletes a reference to section 819.7102 (3) because HB901140, chapter 60, page 464, provided for the repeal of article 19.7 of title 8, effective July 1, 1995. Replaces the deleted reference with section 131133 (4) (d) which contains a definition of "recycled paper" identical to the one set forth previously in section 819.7102 (3). | |
|
2613112 (2) (c) | Deletes a reference to section 2613108 (2) which was repealed by HB971205, chapter 236, page 1294. | |
3011107 (1) (ee) | Repeals as obsolete a section referring to article 3.9 of title 39 because SB9390, chapter 97, page 346, provided for the repeal of that article, effective December 31, 1996. | |
3015401 (1) (d.5) | Changes an internal reference to correspond with the relocation of provisions made by HB961005, chapter 283, page 1595. | |
3115901 (1) (d) | Same as 3011107. | |
3130.5307 (1) (b) (I) | Corrects an erroneous citation made in the drafting of SB96011, chapter 183, page 856, in which the section referenced was subsequently renumbered as 3131407 in later drafts of the bill that recodified the fire and police pension law. | |
3131202 (2) (a) (II) | Same as 3130.5307. | |
327109 (1) (b) | Changes an internal reference from 15204 to 15205 because the former section was cited erroneously when HB921333, chapter 118, page 624, recodified the "Colorado Election Code of 1980" as the "Uniform Election Code of 1992". | |
328107 (1) (j) | Changes a citation from 328124 (3) to 328124 to correct an error made in the drafting of SB96233, chapter 213, page 1051, in which the section referenced was enacted in the same act without subsection designations and the conforming amendment was not made. | |
3212108 (1) (b) | Deletes language regarding nomination to a board of directors pursuant to section 3210113 because that section was repealed by SB97216, chapter 212, page 1095. | |
3557.5105 IP(2) | Modifies language in the introductory portion to subsection (2) so that all of the succeeding paragraphs follow correctly. | |
361107.5 (2) (c) | Deletes a reference to section 361105.7 and substitutes "this section". A typographical error was made in the drafting of SB97206, chapter 169, page 836. Reference was made to section 361105.7 which does not exist. The correct citation is section 361107.5, but because this provision is contained within the same section, the reference is changed to "this section". | |
|
361136 | In a provision concerning the granting of rightsofway by the state board of land commissioners, deletes a reference to section 361112 (1) (q) where the filing fee for such grants was specified. The referenced subsection (1)(q) was amended in HB921126, chapter 258, page 1910, resulting in the elimination of paragraph (q). | |
391119 (1) | Deletes a reference to section 393.9103 (9) because SB9390, chapter 97, page 346, provided for the repeal of article 3.9 of title 39, effective December 31, 1996. | |
3910104.5 (11) | Same as 3011107. | |
39221803 (1) | In HB971260, chapter 224, page 1143, a Senate Committee on Appropriations Report amended the reengrossed bill by striking a subsection regarding annual appropriations from the Colorado special olympic fund to the department of revenue, but the crossreference in subsection (1) was not changed. (See Senate Journal, page 955, April 24, 1997.) | |
3929110 (1) (a) (II) | Corrects an erroneous citation made in the drafting of HB971123, chapter 225, page 1147, in which the requirement that the state treasurer transfer moneys to the local government mineral impact fund was cited incorrectly. | |
4016104 (1) (e) and (1) (f) | Changes several internal references to correspond with the relocation of provisions made by SB94001, chapter 337, page 2522, which recodified title 42. | |
4241706 (2) | Same as 1390107. In addition, changes a second internal reference from 192204 (3) to 192508 (4) (d) because the provisions of article 2 of title 19 were relocated by HB961005, chapter 283, page 1630. | |
|
184702 (1)(g), (1)(h), and (3)(d) | Deletes reference to "private financial gain" in provisions enacted in H.B. 981041 concerning the theft of cable services to conform to the deletion of that term in paragraph (a) of subsection (3) by a Second Reading amendment in the Senate. | |
237103 (1)(a) | Same as 1390107. | |
2490107 (3)(c)(III)(A) | Changes the phrase "of any precinct" to "in every precinct" to conform to the legislative intent of an amendment made to H.B. 971055 in Senate Local Government Committee. The provision states that the number of signatures needed on a petition to require counties to pay fifty percent of the costs of an election for the establishment of a library district shall be equal to a specified percentage of the votes cast in the previous general election in the district. The phrase "of any precinct" was added to address testimony that indicated that the boundaries of certain library districts could split voting precincts. The phrase was intended to require that the number of signatures equal a percentage of all of the votes cast in any precinct which was included in the district. However, a literal reading of the phrase could alternatively be interpreted as allowing the counting of only the votes in one precinct (i.e., by selecting any precinct). The phrase is changed to make it clear that all votes in all precincts included in the district are counted. | |
266108 (2)(l) | Same as 1390107. | |