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First Regular Session Seventy-second General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
SB241_H_JUD.001 NOT AMENDED HOUSE COMMITTEE OF REFERENCE REPORT _______________________________ April 25, 2019 Chair of Committee Date Committee on Judiciary.
19-0594.01 Nate Carr x2584 SENATE BILL 19-241 SENATE SPONSORSHIP Lee and Gardner, Cooke, Foote, Rodriguez, Crowder HOUSE SPONSORSHIP Weissman, Herod, Snyder, Soper, Van Winkle Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING THE NONSUBSTANTIVE REVISION OF STATUTES IN THE C OLORADO R EVISED S TATUTES , AS AMENDED , AND , IN CONNECTIONTHEREWITH ,AMENDINGORREPEALINGOBSOLETE , IMPERFECT , AND INOPERATIVE LAW TO PRESERVE THE LEGISLATIVE INTENT , EFFECT ,AND MEANING OF THE LAW .
After consideration on the merits, the Committee recommends the following:
d d Bill Summary e 9 E a 0 A U , (Note:
SB19-241 be referred to the Committee of the Whole with favorable recommendation.
This summary applies to this bill as introduced and does N i l notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill S a p R A passes third reading in the house of introduction, a bill summary that r applies to the reengrossed version of this bill will be available at 3 http://leg.colorado.gov/.) Committee on Legal Services - Revisor's Bill.
** *** ** *** ** *SB241_H_JUD.001*
To improve the e e 9 clarity and certainty of the statutes, the bill amends, repeals, and m 0 T n , N g 1 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
E d r Capital letters or bold & italic numbers indicate new material to be added to existing statuteA Dashes through the words indicate deletions from existing statute.
d reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative.
The specific reasons for each amendment or repeal are set forth in the appendix to the bill.
The amendments made by the bill are not intended to change the meaning or intent of the statutes, as amended.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, 2-3-203, amend (1)(b.1)(I)(C) as follows:
2-3-203.
Powers and duties of the joint budget committee.
(1) The committee has the following power and duties:
(b.1) (I) (C) If the joint budget committee's recommendations to the appropriations committees of the senate and house of representatives intheannualgeneralappropriationbillalterthedeterminationsofpriority established by the joint technology committee, prior to making the recommendations, the joint budget committee shall notify the joint technology committee and allow for a joint meeting of the two committees.
If part 17 of this article is repealed, this sub-subparagraph (C) is repealed, effective July 1, 2018.
SECTION 2.
In Colorado Revised Statutes, 6-1-206, amend (2)(b) as follows:
6-1-206.
Additionalmandatorycharges-requireddisclosures - definitions.
(2) As used in this section:
(b) "Motorvehicle"hasthemeaningsetforthinsection12-6-102 44-20-102.
SECTION 3.
In Colorado Revised Statutes, 8-42-101, amend (3.6)(n) as follows:
8-42-101.
Employer must furnish medical aid - approval of plan - fee schedule - contracting for treatment - no recovery from -2- 241 employee-medicaltreatmentguidelines-accreditationofphysicians and other medical providers - rules - repeal.
(3.6) The two-tier accreditation system shall comprise the following programs:
(n) The director shall contract with the medical school of the universityof Coloradoforthe servicesof amedicaldirectortoadvisethe directoronissuesofaccreditation,impairmentratingguidelines,medical treatmentguidelinesandutilizationstandards,andcasemanagementand to consult with the director on peer review activities as specified in this subsection (3.6) and section 8-43-501.
Such medical director shall be a medical doctor licensed to practice in this state with experience in occupational medicine.
The director may contract with an appropriate private organization whichAT meets thedefinition of a utilization and quality control peer reviewALITY IMPROVEMENT organization as set forth in 42 U.S.C.
sec.
1320c-1 (1)(A) or (1)(B),duct peer review activities under this subsection (3.6) and section 8-43-501 and to recommend whether or not adverse action is warranted.
SECTION 4.
In Colorado Revised Statutes, amend 9-6-108 as follows:
9-6-108.
Applicability.
Consumer fireworks and display fireworks, as defined in 27 CFR 555.11 of the United States department of the treasuryUSTICE, bureau of alcohol, tobacco, and fireaAND, EXPLOSIVES , or any of its successor agencies, shall not be subject to the provisions of this article.
SECTION 5.
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In Colorado Revised Statutes, 11-35-101, amend (1) as follows:
11-35-101.
Alternatives to surety bonds permitted - requirements - definition.
(1) The requirement of a surety bond as a -3- 241 condition to licensure or authority to conduct business or perform duties in this state provided in sections 5-16-124 (1), 6-16-104.6, 12-61-907, 23-64-121(1),33-4-101(1),33-12-104(1),35-55-104(1),37-91-107(2) and(3),38-29-119(2),39-21-105,39-27-104(2)(a),(2)(b),(2)(c),(2)(d), (2)(e), (2.1)(a), (2.1)(b), (2.1)(c), (2.5)(a),5)(b), 39-28-105 (1), 42-6-115(3),42-7-301(6),44-20-112,44-20-113,44-20-114,44-20-412, and 44-20-413 may be satisfied by a savings account or deposit in or a certificate of deposit issued by a state or national bank doing business in this state or by a savings account or deposit in or a certificate of deposit issued by a state or federal savings and loan association doing business in this state.
The savings account, deposit, or certificate of deposit must be in the amount specified bystatute, if any, and must be assigned to the appropriatestateagencyfortheuseofthepeopleofthestateofColorado.
The aggregate liability of the bank or savings and loan association must in no event exceed the amount of the deposit.
For the purposes of the sections referred to in this section, "bond" includes the savings account, deposit, or certificate of deposit authorized by this section.
SECTION 6.
In Colorado Revised Statutes, 13-4-102, repeal (2)(o) as follows:
13-4-102.
Jurisdiction.
(2) The court of appeals has initial jurisdiction to:
(o) Review all final actions and orders appropriate for judicial review of the passenger tramway safety board, as provided in section 25-5-708, C.R.S.;
SECTION 7.
In Colorado Revised Statutes, amend 13-21-1304 as follows:
13-21-1304.
Liquor licensees excepted.
This part 13 shall not -4- 241 apply to any person licensed under article 46 or 47 ofORi4OF 12.
3 TITLE44.
SECTION 8.
In Colorado Revised Statutes, 15-12-621, amend (6) as follows:
15-12-621.
Publicadministrator-decedents'estates-areasof responsibility.
(6) Small estates, as defined in section 15-12-1201, may beadministeredbythepublicadministratorusinganaffidavitasprovided in section 15-12-1201, with the same effect as provided in section 15-12-1202.
The claims period ends one year from the date of the decedent'sdeath.Attheendoftheclaimsperiod,thepublicadministrator shall summarily make distribution of estate assets by distribution to allowedclaimantspursuanttotheprioritiessetforthinsection15-12-805.
The remainder of the estate's funds, if any, must be distributed to the decedent's heirs or devisees as determined under the Colorado Probate Code THIS CODE.
In determining who is entitled to an estate's funds, a publicadministratormayrelyonaffidavitsbypersonswhosetforthfacts to establish their claims, heirship, or the validity of a testamentary document.
The public administrator is not liable for any improper distributions made in reasonable reliance on information contained in such affidavits.
All estates administered by a public administrator pursuant to the small estate procedure are closed bythe filing of a public administrator's statement of account with the appointing district or probate court.
The statement of account must set forth all receipts and disbursementsmadeduringtheadministrationoftheestate,includingthe public administrator's fees and costs, and the fees and costs of the public administrator's staff and investigators.
Copies of all fee statements reflecting such fees and costs must be filed with the statement of the -5- 241 account.
Upon filing of the public administrator's statement of account, thepublicadministratormustbe dischargedandreleasedfromallfurther responsibility and all liability with regards to the estate.
SECTION 9.
In Colorado Revised Statutes, amend 15-12-1308 as follows:
15-12-1308.
Proceedings under the rules of civil procedure.
Nothinghereinshallbeconstruedtopreventdeterminationofthedescent or the succession of property pursuant to the Colorado Rules of Civil Procedure or any other provision of the "Colorado Probate Code" CODE .
SECTION 10.
In Colorado Revised Statutes, amend 15-15-412 as follows:
15-15-412.
Nontestamentary disposition.
A beneficiary deed shall not be construed to be a testamentary disposition and shall not be invalidated due to nonconformity with the provisions of the "Colorado Probate Code"CODE governing wills.
SECTION11.
InColoradoRevisedStatutes,16-8.5-101,amend (9) as follows:
16-8.5-101.
Definitions.
As used in this article 8.5, unless the context otherwise requires:
(9) "Developmental disability" means a disability that has manifested before the person reaches twenty-two years of age, that constitutes a substantial disability to the affected individual, and is attributable to mental retardation or other neurological conditions when such conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with mental retardation.
Unless otherwise specifically stated, the federal definition of -6- 241 "developmental disability", 42 U.S.C.
sec.
15001 et seq.
15002 (8), shall not apply.
SECTION 12.
In Colorado Revised Statutes, 18-3-102, amend (1)(e) as follows:
18-3-102.
Murderinthefirstdegree.(1) Apersoncommitsthe crime of murder in the first degree if:
(e) Heorshecommitsunlawfuldistribution,dispensation,orsale of a controlled substance to a person under the age of eighteen years on school grounds as provided in section 18-18-407 (2),8-18-407 (1)(g)(I)OR OFFENSES COMMITTED ON OR AFTEO CTOBER 1,2013, and the death of such person is caused by the use of such controlled substance;
or SECTION 13.
In Colorado Revised Statutes, 18-10.5-102, amend (6)(a) introductory portion and (6)(b) as follows:
18-10.5-102.
Definitions.
As used in this article 10.5, unless the context otherwise requires:
(6) (a) "Simulated gambling device" means a mechanically or electronicallyoperatedmachine,network,system,program,ordevicethat is used by an entrant and that displays simulated gambling displays on a screen or other mechanism at a business location, including a private club,thatisowned,leased,orotherwisepossessed,inwholeorinpart,by a person conducting the game or by that person's partners, affiliates, subsidiaries, agents, or contractors;
except that the termdoes not include bona fide amusement devices, as authorized in section 12-47-103 (30) 44-3-103 (47), that pay nothing of value, cannot be adjusted to pay anything of value, and are not used for gambling.
"Simulated gambling device" includes:
-7- 241 (b) "Simulatedgamblingdevice"doesnotincludeanypari-mutuel totalisator equipment that is used for pari-mutuel wagering on live or simulcast racing events and that has been approved bythe director of the divisionofracingeventsforentitiesauthorizedandlicensedunderarticle 60 of title 12OF TITLE44.
SECTION14.
In Colorado RevisedStatutes,18-13-122,amend (2)(g)(I), (10), and (12) as follows:
18-13-122.
Illegal possession or consumption of ethyl alcohol ormarijuanabyanunderageperson-illegalpossessionofmarijuana paraphernalia by an underage person - definitions - adolescent substance abuse prevention and treatment fund - legislative declaration.
(2) As used in this section, unless the context otherwise requires:
(g) "Privateproperty"meansanydwellinganditscurtilagewhich is being used by a natural person or natural persons for habitation and which is not open to the public and privately owned real property which is not open to the public.
"Private property" shall not include:
(I) Any establishment whichHAT has or is required to have a license pursuant to article 46, 47, or 48 of title3, 4OR.5.OF TITLE44;
(10) A parent or legal guardian of a person under twenty-one years of age or anynatural person who has the permission of such parent or legal guardian may give or permit the possession and consumption of ethyl alcohol to or by a person under twenty-one years of age under the conditionsdescribedinparagraph(a)ofsubsection(5)SECTION (5)(a) of this section.
This subsection (10) shall not be construed to permit any establishment whichTHAT is licensed or is required to be licensed -8- 241 pursuant to article 46, 47, or 48 of title 12, C.R.OR 5OF TITLE 44, or any members, employees, or occupants of any such establishment to give, provide, make available, or sell ethyl alcohol to a person under twenty-one years of age.
(12) Nothinginthissectionshallbeconstruedtolimitorpreclude prosecution for any offense pursuant to article 46, 47, or 48 of title 12, C.R.S.
3, 4OR 5 OF TITLE44, except as provided in such articles.
SECTION 15.
In Colorado Revised Statutes, 18-18-406.4, amend (1) as follows:
18-18-406.4.
Unlawful advertising of marijuana - exception.
(1) A person who is not licensed to sell medical marijuana pursuant to article 43.3 of title 12 OF TITLE 44 or retail marijuana pursuant to article 43.4 of title 12OF TITLE44, or pursuant to the laws regarding medical or retail marijuana under the laws of another state, who knowingly advertises in a newspaper, magazine, handbill, or other publication or on the internet the unlawful sale of marijuana, marijuana concentrate, or a marijuana-infused product by a person not licensed to sell marijuana, marijuana concentrate, or a marijuana-infused product commits a level 2 drug misdemeanor.
SECTION 16.
In Colorado Revised Statutes, amend 18-18-602 as follows:
18-18-602.
Continuation of rules - application to existing relationships.
Any orders and rules adopted under any law affected by this article and in effect on July 1, 1992, and not in conflict with this article continue in effect until modified, superseded, or repealed.
Rights anddutiesthatmatured,penaltiesthatwereincurred,andproceedingsthat werebegunpriortoJuly1, 1992, are not affectedbytheenactmentof the -9- 241 "Uniform Controlled Substances Act of 2013" or the corresponding repealofprovisionsinarticle42.522oftitle12,C.R.S.
ASTHEYEXISTED PRIOR TO ULY 1, 1992, and part 6 of article 5 of this title.
SECTION 17.
In Colorado Revised Statutes, 19-2-103, amend (5.5) as follows:
19-2-103.
Definitions.
For purposes of this article 2:
(5.5) "Developmental disability" means a disability that is manifested before the person reaches his or her twenty-second birthday, thatconstitutesasubstantialdisabilitytotheaffectedindividual,andthat isattributabletoanintellectualdisabilityorotherneurologicalconditions when those conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual disability.
Unless otherwise specifically stated, the federal definition of "developmental disability", 42 U.S.C.
sec.
15001 et seq.
15002 (8) does not apply.
SECTION 18.
In Colorado Revised Statutes, 19-3-503, amend (8)(b) as follows:
19-3-503.
Summons - issuance - contents - service.
(8) If the respondent required to be summoned undersubsection(3)of this section cannot be found within the state, the fact of the child's presence in the state shall confer jurisdiction on the court as to any absent respondent if due notice has been given in the following manner:
(b) When the person to be served has no residence within Colorado and his place of residence is not known or when he cannot be found within the state after due diligence, service may be by publication pursuanttorule4(h) 4(g)oftheColoradorulesofcivilprocedure;except that service may be by a single publication and must be completed not -10- 241 less than five days prior to the time set for a hearing concerning a dependent or neglected child.
SECTION 19.
In Colorado Revised Statutes, 22-32-109.1, amend (11)(a) introductory portion as follows:
22-32-109.1.
Board of education - specific powers and duties -safeschoolplan-conductanddisciplinecode-safeschoolreporting requirements-schoolresponseframework-schoolresourceofficers - definitions - repeal.
(11) (a) Review of reporting requirements.
During the 2020 regular legislative session, the education and judiciary committees of the house of representatives and the senate, or any successor committees, are encouraged to formally review the reports received from the division of criminal justice pursuant to section 24-33.5-503 (1)(bb), C.R.S.
24-33.5-503 (1)(aa).
The committee members are encouraged to consider whether to:
SECTION20.
In Colorado RevisedStatutes,22-55-102,amend (6) as follows:
22-55-102.
Definitions.Asusedinthisarticle,unlessthecontext otherwise requires:
(6) "Federal taxable income, as modified by law" means federal taxableincomeasmodifiedbysections39-22-104,39-22-304,39-22-509, and 39-22-518, C.R.S.,nd as apportioned and allocated under section 39-22-303.5, 39-22-303.6, or 39-22-303.7 C.R.S.,the extent federal taxableincomeisnotbeingmodifiedtoeffectuatearefundofexcessstate revenues required pursuant to section 20 of article X of the state constitution, earned on or after December 28, 2000.
SECTION21.
In Colorado RevisedStatutes,23-31-310,amend (8.3)(a)(III)(B) as follows:
-11- 241 23-31-310.
Forest restoration and wildfire risk mitigation grant program - legislative declaration - technical advisory panel - definitions - repeal.
(8.3) Grant program.
(a) The forest service shall develop and administer the program in consultation with the technical advisorypanelcreatedinsubsection(5)ofthissection.Indevelopingthe program, the forest service shall:
(III) Require a grant applicant to demonstrate that:
(B) The proposed project includes a plan for utilizing anywoody materialgeneratedbytheproject,includingtraditionalforestproductsand biomass energy products.
Pursuant to its authority under section 23-31-315, The forest service shall offer technical support to grant applicants to assist with the development of the applicant's plan for utilizingforestproducts.Theforestserviceshallinformapplicantsofthe availability of its technical support.
SECTION22.
In Colorado RevisedStatutes,23-60-303,amend (2) as follows:
23-60-303.
Acceptance of congressional acts.
(2) The state board for community colleges and occupational education is designated as the state board for vocationalER AND TECHNICAL education and declared to be the sole agency for purposes of compliance with the said acts of congress and with any subsequent and future acts of congress requiring the designation of a state agency for the administration of the state plan of vocationalAREER AND TECHNICAL education and for receiving and administering funds appropriated by the congress for programs of vocationalCAREER AND TECHNICAL education.
The state board for community colleges and occupational education is also designatedasthestateapprovingagencypursuanttosection1771of title -12- 241 38, United States Code.
SECTION23.
In Colorado RevisedStatutes,23-60-304,amend (1) as follows:
23-60-304.
Plans - development and implementation - credentialing - fees.
(1)The board shall prepare state plans for occupationaleducationinthisstatethatarerequiredforcompliancewith any acts of congress which require a state plan for vocational ANDTECHNICAL educationandshallprepareorapprovesuchfurtherplans for occupational education programs as it deems necessary.
SECTION 24.
In Colorado Revised Statutes, 24-1-117, amend (3) as follows:
24-1-117.
Department of revenue - creation.
(3) The powers, duties, and functions of the secretary of state with respect to fermented malt beverages and malt, vinous, and spirituous liquors under the provisions of articles 46 to 48 of title 12, C.R.S.F TITLE44, are transferred by a type 2 transfer to the department of revenue.
SECTION25.
InColoradoRevisedStatutes,amend24-1-135as follows:
24-1-135.
Effect of congressional redistricting.
(1) Effective January 1, 1983, the terms of office of persons appointed pursuant to sectionsECTION 11-102-103SECTIONS 12-35-104AND 12-42.5-104AS THESE PROVISIONS EXISTED PRIOR TOCTOBER 1, 2019AND SECTIONS 17-2-102, 23-60-104, 24-32-706, 25-1-103, 25-3.5-104, 25.5-1-602, 26-11-101, 33-11-105, 34-60-104, and 35-65-105 shall terminate.
Prior thereto,theappointingauthoritydesignatedbylawshallappointmembers to such boards, commissions, and committees for terms to commence on January 1, 1983, and to expire on the date the terms of the predecessors -13- 241 in office of such members would have expired, and any person whose term of office is terminated by this section may be reappointed effective January1,1983,and,forthepurposesofsuchreappointment,shallnotbe deemed to succeed himself.
Appointments thereafter shall be made as prescribed by law.
(2) Any member of a board, commission, or committee who was appointed or elected to the office as a resident of a designated congressional district pursuant to section 24 (2) of article VI of the state constitution or section 11-102-103;ION 12-35-104 OR 12-42.5-104, AS THESE PROVISIONS EXISTED PRIOR TOOCTOBER 1, 2019;OR SECTION 22-2-105, 23-1-102, 23-20-102, 23-21-503, 23-60-104, 24-32-706, 25-1-103, 25-3.5-104, 25.5-1-602, 26-11-101, 33-11-105, 34-60-104, 35-65-401,or44-30-301,andwhonolongerresidesinthecongressional district solely because of a change made to the boundaries of the district subsequent to the 1990 federal decennial census is eligible to hold office for the remainder of the term to which the member was elected or appointed, notwithstanding the nonresidency.
SECTION 26.
In Colorado Revised Statutes, 24-4-105, amend (4)(b)(IX) introductory portion as follows:
24-4-105.
Hearings and determinations - repeal.
(4) (b) (IX) By January 1, 2022, the office of administrative courts and the division of professions and occupations in the department of regulatory agencies shall issue a joint report to the judiciary committee and the state, veterans, and military affairs committee of the house of representatives and the judiciary committee and the state, veterans, and military affairs committee of the senate or their successor committees.
Thissubsection(4)(b)(VIII))(b)(IX)isrepealed,effectiveJuly1,2022.
-14- 241 The report must contain the following:
SECTION27.
In Colorado RevisedStatutes,24-31-305,amend (1.5)(a)(VIII) and (1.5)(a)(IX) as follows:
24-31-305.
Certification - issuance - renewal - revocation.
(1.5) (a) The P.O.S.T.
board shall deny certification to any person who has been convicted of:
(VIII) Anymisdemeanor in violation of federal law or the law of any state that is the equivalent of any of the offenses specified in paragraphs(a)to(g)SUBPARAGRAPHS (I)TO(VII)ofthissubsection(1.5) (1.5)(a);
or (IX) Any local municipal ordinance that is the equivalent of any of the offenses specified in paragraphs (a) to (g)GRAPHS (I)TO (VII) of this subsection (1.5))(a).
SECTION 28.
In Colorado Revised Statutes, 24-33.5-424, amend (1)(d) and (1)(e) as follows:
24-33.5-424.
National instant criminal background check system - state point of contact - fee - grounds for denial of firearm transfer - appeal - rule-making - unlawful acts - instant criminal background check cash fund - creation.
(1) For purposes of this section:
(d) "Transfer" means the sale or delivery of any firearm in this state by a transferor to a transferee.
"Transfer" shall include redemption of a pawned firearm by any person who is not licensed as a federal firearmslicenseebythefederalbureauofalcohol,tobacco,andfirearms, AND EXPLOSIVES , or any of its successor agencies.
"Transfer" shall not include the return or replacement of a firearm that had been delivered to a federal firearms licensee for the sole purpose of repair or customizing.
-15- 241 (e) "Transferee"meansanypersonwhoisnotlicensedasafederal firearmslicenseebythefederalbureauofalcohol,tobacco,andrearms, ANDEXPLOSIVES ,oranyofitssuccessoragencies,inaccordancewiththe federal "Gun Control Act of 1968", chapter 44 of title 18 U.S.C., as amended, and to whom a transferor wishes to sell or deliver a firearm.
SECTION 29.
In Colorado Revised Statutes, 24-50-603, repeal (6.5) as follows:
24-50-603.
Definitions.
As used in this part 6, unless the context otherwise requires:
(6.5) "Domestic partner" means an adult, at least eighteen years of age:
(a) Who is of the same gender as the employee;
(b) Withwhomtheemployeehassharedanexclusive,committed relationshipforatleastoneyearwiththeintentfortherelationshiptolast indefinitely;
(c) Who is not related to the employee by blood to a degree that would prohibit marriage pursuant to section 14-2-110, C.R.S.;
and (d) Who is not married to another person.
SECTION30.
InColoradoRevisedStatutes,24-51-1001,amend (3.5)(b)(V) as follows:
24-51-1001.
Types of benefit increases.
(3.5) For benefit recipientswhosebenefitsarebasedontheaccountof amemberwhowas notamember,inactivemember,orretireeonDecember31,2006,annual increasesinretirementbenefitsandsurvivorbenefits,ifany,areeffective with the July benefit in accordance with section 24-51-1009, subject to section 24-51-413, and shall be paidfromthe retirement benefits reserve or the survivor benefits reserve, as appropriate, so long as the following -16- 241 requirements are satisfied:
(b) (V) For members who are state troopers who were not members, inactive members, or retirees on December 31, 2006, but WHOSEMEMBERSHIPBEGAN beforeDecember31,2020J ANUARY 1,2020, the retiree retired with a service retirement benefit pursuant to section 24-51-602 or retired with a reduced service retirement benefit pursuant tosection24-51-604,buthas,asofJanuary1,attainedtheageandservice credit years, when weighted with non-state trooper service credit, that combined total at least seventy-five years, or retired rduced e service retirement benefit pursuant to section 24-51-604 but has, as of January 1, attained the age of fifty-five;
SECTION 31.
In Colorado Revised Statutes, 25-1-801, amend (4) as follows:
25-1-801.
Patient records in custody of health care facility - definitions.
(4) For the purposes of this section, medical information transmittedduringthedeliveryofhealthcareviatelemedicine,asdefined insection12-36-106(1)(g)C.R.S.,2-36-102.5(8)ispartofthepatient's medical record maintained by the health care facility.
SECTION 32.
In Colorado Revised Statutes, 25-1-801, amend as amended by House Bill 19-1172 (4) as follows:
25-1-801.
Patient records in custody of health care facility - definitions.
(4) For the purposes of this section, medical information transmittedduringthedeliveryofhealthcareviatelemedicine,asdefined in section 12-240-107 (1)(g)2-240-104 (6) is part of the patient's medical record maintained by the health care facility.
SECTION 33.
In Colorado Revised Statutes, 25-1-802, amend (5) as follows:
-17- 241 25-1-802.
Patient records in custody of individual health care providers.
(5) For the purposes of this section, medical information transmittedduringthedeliveryofhealthcareviatelemedicine,asdefined insection12-36-106(1)(g),C.R.S.,2-36-102.5(8)ispartofthepatient's medical record maintained by a health care provider.
SECTION 34.
In Colorado Revised Statutes, 25-1-802, amend as amended by House Bill 19-1172 (5) as follows:
25-1-802.
Patient records in custody of individual health care providers.
(5) For the purposes of this section, medical information transmittedduringthedeliveryofhealthcareviatelemedicine,asdefined in section 12-240-107 (1)(g)12-240-104 (6) is part of the patient's medical record maintained by a health care provider.
SECTION35.
In Colorado RevisedStatutes,25-1-1202,amend (1)(j) and (1)(cc);
and repeal (1)(nn) as follows:
25-1-1202.
Index of statutory sections regarding medical recordconfidentialityandhealthinformation.(1) Statutoryprovisions concerning policies, procedures, and references to the release, sharing, anduseof medicalrecordsandhealthinformationincludethefollowing:
(j) Section 12-33-126, C.R.S.,oncerning disciplinary actions against chiropractorsCONFIDENTIAL COMMUNICATIONS BETWEEN A LICENSED CHIROPRACTOR AND A PATIENT ;
(cc) Section 18-3-203 (1)(f.5), C.R.S.3-203 (3), concerning assault in the second degree and the availability of medical testing for certain circumstances;
(nn) Section 22-64-216, C.R.S., concerning confidentiality of records maintained by school district retirement plans;
SECTION36.
InColoradoRevisedStatutes,25-1.5-106,amend -18- 241 (3)(a)(I), (5)(c), (6)(a), and (6)(c) as follows:
25-1.5-106.
Medical marijuana program - powers and duties of state health agency - rules - medical review board - medical marijuana program cash fund - subaccount - created - repeal.
(3) Rule-making.
(a) The state health agencyshall, pursuant to section 14 of article XVIII of the state constitution, promulgate rules of administration concerning the implementation of the medical marijuana program that specifically govern the following:
(I) The establishment and maintenance of a confidential registry of patients who have applied for and are entitled to receive a registry identification card.
The confidential registry of patients may be used to determine whether a physician should be referred to the Colorado board ofmedicalexaminers MEDICALBOARD forasuspectedviolationofsection 14 of article XVIII of the state constitution, paragraph (a), (b), or (c) of subsection (5)(5)(a), (5)(b)OR (5)(c) of this section, or the rules promulgated by the state health agency pursuant to this subsection (3).
(5) Physicians.
A physician who certifies a debilitating medical condition or disabling medical condition for an applicant to the medical marijuana program shall comply with all of the following requirements:
(c) The physician shall maintain a record-keeping system for all patients for whom the physician has recommended the medical use of marijuana, and, pursuant to an investigation initiated pursuant to section 12-36-118, C.R.S.,the physician shall produce such medical records to the Colorado state board of medical examinersDICAL BOARD after redacting any patient or primary caregiver identifying information.
(6) Enforcement.
(a) If the state health agency has reasonable cause to believe that a physician has violated section 14 of article XVIII -19- 241 of the state constitution, paragraph (a), (b), or (c) of subsection (5) SUBSECTION (5)(a), (5)(bOR (5)(c) of this section, or the rules promulgated bythe state health agencypursuant to subsection (2) of this section, the state health agencymayrefer the matter to the state board of medical examiners COLORADO MEDICAL BOARD created in section 12-36-103 C.R.S.,or an investigation and determination.
(c) Upon a finding of unprofessional conduct pursuant to section 12-36-117 (1)(mm) C.R.S.,by the state board of medical examiners C OLORADO MEDICAL BOARD or a finding of a violation of paragraph (d) ofsubsection(5)5)(d)ofthissectionbythestatehealthagency,thestate health agency shall restrict a physician's authorityto recommend the use of medical marijuana, which restrictions may include the revocation or suspension of a physician's privilege to recommend medical marijuana.
The restriction shall be in addition to any sanction imposed by the state board of medical examinersLORADO MEDICAL BOARD .
SECTION 37.
In Colorado Revised Statutes, 25-1.5-106.5, amend (5)(b) introductory portion as follows:
25-1.5-106.5.
Medical marijuana research grant program.
(5) Sourcesofmarijuana.(b) Apersonwhoholdsanoptionalpremises cultivationlicenseormedicalmarijuana-infusedproductsmanufacturing license issued pursuant to part 4 of article 43.3 of title 12 or a retail marijuana cultivation facility license or a retail marijuana products manufacturing license issued pursuant to part 4 of article 43.4 of title 12 OF TITL44 may transfer marijuana to a medical research facility,includingataninstitutionofhighereducation,foruseinresearch studies funded pursuant to this section.
Notwithstanding any other provision of law, a medical research facility authorized pursuant to this -20- 241 section to conduct medical research regarding marijuana is exempt from all otherwise applicable restrictions on the possession and use of marijuana;
except that the facility shall use the marijuana only for the medical research authorized pursuant to this section, shall not possess at any time a quantity of medical marijuana or medical marijuana-infused productinexcessofthelimitestablishedinrulespromulgatedbythestate licensing authority, and shall destroy all marijuana remaining after the research has been completed.
For the fiscal years beginning on or after July 1, 2017, the general assembly may annually appropriate up to one percent of the available money in the marijuana tax cash fund created in section39-28.8-501tothedepartmenttobeusedtoawardgrantspursuant to this section to medical research facilities so that a facility may:
SECTION 38.
In Colorado Revised Statutes, 25.5-5-406.1, amend (1)(o)(IV) as follows:
25.5-5-406.1.
Required features of statewide managed care system.
(1) General features.
All medicaid managed care programs must contain the following general features, in addition to others that the federalgovernment,statedepartment,andstateboardconsidernecessary for the effective and cost-efficient operation of those programs:
(o) The MCE shall maintain and participate in an ongoing comprehensive quality assessment and performance improvement program that must include but not be limited to the following:
(IV) TheMCEshallparticipateannually NNUALPARTICIPATION in an independent quality review and validation of performance improvement projects, performance measures, and other contract requirements;
SECTION39.
InColoradoRevisedStatutes,25.5-5-414,amend -21- 241 (2) as follows:
25.5-5-414.
Telemedicine - legislative intent.
(2) For the purposes of this section, "telemedicine" shall have the same meaning as set forth in section 12-36-106 (1)(g), C.R.S.02.5 (8).
SECTION40.
InColoradoRevisedStatutes,25.5-6-403,amend (3.3)(a) as follows:
25.5-6-403.
Definitions.Asusedinthispart4,unlessthecontext otherwise requires:
(3.3) (a) "Intellectual and developmental disability" means a disability that manifests before the person reaches twenty-two years of age,thatconstitutesasubstantialdisabilitytotheaffectedperson,andthat is attributable to an intellectual and developmental disability or related conditions, including Prader-Willi syndrome, cerebral palsy, epilepsy, autism, or other neurological conditions when those conditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual and developmental disability.
Unless otherwise specifically stated, the federal definition of "developmental disability" found in 42 U.S.C.
sec.
15001 et seq.
(8), does not apply.
SECTION 41.
In Colorado Revised Statutes, 25.5-10-202, amend (26)(a) as follows:
25.5-10-202.
Definitions.
As used in this article 10, unless the context otherwise requires:
(26) (a) "Intellectual and developmental disability" means a disability that manifests before the person reaches twenty-two years of age,thatconstitutesasubstantialdisabilitytotheaffectedperson,andthat is attributable to an intellectual and developmental disability or related -22- 241 conditions, including Prader-Willi syndrome, cerebral palsy, epilepsy, autism,orotherneurologicalconditionswhentheconditionorconditions result in impairment of general intellectual functioning or adaptive behavior similar to that of a person with an intellectual and developmentaldisability.Unlessotherwisespecificallystated,thefederal definitionof "developmentaldisability"foundin42U.S.C.sec.15001et seq.15002 (8), does not apply.
SECTION42.
In Colorado RevisedStatutes,27-67-109,amend (3) as follows:
27-67-109.
Child and youth mental health services standards -advisory board.(3) Inmakingappointmentstotheadvisoryboard,the statedepartmentmustincluderepresentationbyatleastonememberwho is a person with a disability, as defined in section 24-45.5-102 (2) 26-24-102 (2);
a family member of a person with a disability;
or a memberofanadvocacygroupforpersonswithdisabilities,providedthat the other requirements of subsection (2) of this section are met.
SECTION 43.
In Colorado Revised Statutes, 29-2-114, amend (7) as follows:
29-2-114.
Retail marijuana excise tax - county - municipality - election - repeal.
(7) If a retail marijuana cultivation facility uses a retail marijuana transporter, as defined in section 12-43.4-103 (21.5) 44-12-103 (30), to transport unprocessed retail marijuana being sold or transferredbytheretailmarijuanacultivationfacilitytoaretailmarijuana product manufacturing facility, a retail marijuana store, or another retail marijuanacultivationfacility,thetransportationoftheunprocessedretail marijuana by the retail marijuana transporter is not a transfer of unprocessed retail marijuana for the purpose of levying any excise tax -23- 241 imposed pursuant to this section.
SECTION 44.
In Colorado Revised Statutes, 29-2-115, amend (3)(a) introductory portion and (4)(a) as follows:
29-2-115.
Retail marijuana sales tax - county - municipality - election-legislativedeclaration-definition.(3)(a) Eachcountyinthe state is authorized to levy, collect, and enforce a county special sales tax upon all sales of retail marijuana and retail marijuana products, as those terms are definedin section 12-43.4-103-103, under the following circumstances:
(4)(a) Eachmunicipalityinthestateisauthorizedtolevy,collect, andenforceamunicipalspecialsalestaxuponallsalesofretailmarijuana and retail marijuana products, as those terms are defined in section 12-43.4-10344-12-103.
SECTION 45.
In Colorado Revised Statutes, 33-9-102, amend (4)(a) as follows:
33-9-102.
Powers and duties of commission - rules.
(4) (a) In promulgating a rule to increase or decrease a park fee or charge under articles 10 to 32 15 AND 32 of this title 33, the commission shall consider the effect that the change in the fee or charge would have on park usage, the demand for the service for which the fee or charge is used, and opportunities to implement differential pricing.
SECTION 46.
In Colorado Revised Statutes, 33-10.5-104.5, amend (3) as follows:
33-10.5-104.5.
Aquatic nuisance species stamp - creation - short title - rules.
(3) The parks and wildlife commission may, by rule adopted after August 8, 2018, adjust the amount of the aquatic nuisance speciesstampdescribedinsubsection(2)of thissectionbyanamountup -24- 241 to the total amount reflected by the changes made in the United States bureau of labor statisticsconsumer price index for the Denver-Boulder-Greeley DENVER -A URORA -LAKEWOOD consolidated metropolitan statistical area for all urban consumers and all goods, or its successor index.
SECTION47.
In Colorado RevisedStatutes,33-15-108,amend (2) as follows:
33-15-108.
Littering.
(2) Any person who throws, drops, or otherwise expels a lighted cigarette, cigar, match, or other burning materialfromamotorvehicleuponlandunderthe controlof thedivision commitsaclass2misdemeanorandshallbepunishedasprovidedintitle 18, C.R.S.SECTION 18-1.3-501.
SECTION 48.
In Colorado Revised Statutes, 35-29.5-102, amend (4) as follows:
35-29.5-102.
Definitions.
As used in this article, unless the context otherwise requires:
(4) "Wine" means any vinous liquor containing not more than twenty-one percent alcohol by volume and produced in all respects in conformity with the laws of the United States and the regulations of the bureau of alcohol, tobacco, andearms,AND EXPLOSIVES of the United StatesdepartmentofthetreasuryJUSTICEoranyofitssuccessoragencies.
SECTION49.
In Colorado RevisedStatutes,39-21-120,amend (1) as follows:
39-21-120.
Signature and filing alternatives for tax returns.
(1) For the purposes of any returns or other documents made, filed, signed, subscribed, verified, transmitted, received, or stored pursuant to articles22to 31 of this title, articles 46 and 47 of title 12icle -25- 241 60 of title 34, and article 3 of title AND ARTICLES3 AND 4OF TITLE 44, the executive director may prescribe voluntary alternative methods for the making, filing, signing, subscribing, verifying, transmitting,receiving,orstoringofreturnsorotherdocumentspursuant to the statutory provisions of this article and other articles referenced in thisarticle.Theexecutivedirectorshalladoptrulesasmaybeappropriate todefineandimplementacceptablealternativesforeacharticlewithinthe scope of this section.
SECTION50.
In Colorado RevisedStatutes,39-22-109,amend (4) as follows:
39-22-109.
Income of a nonresident individual for purposes of Colorado income tax.
(4) In any case, where the nature of income earned by a nonresident individual is such as to render the computations describedinsubsections(1)to(3)ofthissectionimpracticableandwhere thebooksofaccountandrecordsofthetaxpayerdonotclearlyreflectthe income subject to tax by this article, apportionment shall be made in accordance with section 39-22-303.59-22-303.6.
SECTION51.
In Colorado RevisedStatutes,39-22-203,amend (1)(a) as follows:
39-22-203.
Nonresident partners.
(1) (a) In determining Colorado nonresident federal taxable income of a nonresident partner of anypartnership, there shall be included onlytheportion of such partner's distributive share of items of partnership income, gain, loss, deduction, orcreditderivedfromsourceswithinColoradodeterminedinaccordance with the provisions of section 39-22-109 or, at the partnership's election, apportioned or allocated to this state pursuant to section 39-22-303.5, 39-22-303.6,R 39-22-303.7.
-26- 241 SECTION52.
In Colorado RevisedStatutes,39-22-303,amend (10) introductory portion and (11)(c) as follows:
39-22-303.
Dividends in a combined report - foreign source income-affiliatedgroups-definitions.(10) Asusedinthissubsection (10), "foreign source income" means taxable income from sources without the United States, as used in section 862 of the internal revenue code.
In apportioning and allocating income pursuant to section 39-22-303.5, 39-22-303.6, or 39-22-303.7, foreign source income shall be considered only to the extent provided in this subsection (10):
(11) (c) If an affiliated C corporation is included in a combined report,section39-22-303.5,39-22-303.6,or39-22-303.7shallbeapplied with the following modifications:
(I) IntercompanytransactionsamongtheaffiliatedCcorporations shall be excluded from the numerator and denominator of the apportionment calculation set forthinsection39-22-303.5,39-22-303.6, OR 39-22-303.7;
and (II) The numerator of the apportionment calculation set forth in section39-22-303.5R 39-22-303.6shallbe,totheextentapplicable,the sum of the sales of those affiliated C corporations doing business in Colorado.
SECTION 53.
In Colorado Revised Statutes, 39-22-303.7, amend (2) introductory portion as follows:
39-22-303.7.
Sourcing of sales of mutual un fd service corporations-definitions.(2) Notwithstandinganyprovisionofsection 39-22-303.5OR 39-22-303.6, for taxable years commencing on or after January 1, 2009, mutual fund sales bya mutual fund service corporation shall be considered Colorado sales for purposes of section 39-22-303.5 -27- 241 (4)(c)ANDSECTION 39-22-303.6(6),totheextentthatshareholdersofthe regulated investment company are domiciled in Colorado as follows:
SECTION54.
In Colorado RevisedStatutes,39-22-321,amend (1) as follows:
39-22-321.
Definitions.Forthepurposesofthissubpart2,unless the context otherwise requires:
(1) "Incomeattributabletothestate"meansitemsofincome,loss, deduction, or credit of the S corporation apportioned or allocated to this state pursuant to section 39-22-303.5, 39-22-303.6, or 39-22-303.7.
SECTION 55.
In Colorado Revised Statutes, 39-22-514.5, amend (7)(a.5) as follows:
39-22-514.5.
Tax credit for qualified costs incurred in preservation of historic structures - short title - definitions.
(7) Reservation of tax credits for qualified commercial structures.
(a.5) In the case of any project for a qualified commercial structure the qualified rehabilitation expenditures for which amount to less than fifty thousanddollars,ifthetotalnumberofapplicationsforsuchprojectsthat are received but not reserved reach fifteen in number, the office may suspend the submission of additional applications for such projects until such time as these fifteen projects have been duly reserved or disapproved.
The notification period that is specified in subsection (5)(a)(IV)(C)(5)(c) of this section is extended to one hundred twenty days after receipt of the application and rehabilitation plan for these fifteen projects.
Anyapplication for a qualified commercialstructurethe qualified rehabilitation expenditures for which amount to fifty thousand or more dollars is not subject to this subsection (7)(a.5).
SECTION56.
In Colorado RevisedStatutes,39-22-535,amend -28- 241 (1) as follows:
39-22-535.
Credit for purchase of uniquely valuable motor vehicleregistrationnumbers.(1) Fortaxyearscommencingonorafter January 1, 2013, a person who buys a registration number under section 42-1-402,C.R.S.,4-30-2206isallowedacreditagainsttheincometaxes imposed by this article 22 for twenty percent of the portion of the purchasepricethatthelicenseplateauctiongroupLORADODISABILITY FUNDING COMMITTEE , created in section 42-1-403, C.R.S.
24-30-2203, certifies exceeds the registration number's fair market value.
This is the value the license plate auction groupRADO DISABILITY FUNDING COMMITTEE expectsfromthesaleof theregistrationnumber,notthecost of registering the vehicle.
SECTION 57.
In Colorado Revised Statutes, 39-28.8-501, amend (1) as follows:
39-28.8-501.
Marijuanataxcashfund-creation-distribution - legislative declaration.
(1) The marijuana tax cash fund,referred to in thispart5asthe"fund",iscreatedin the state treasury.Thefundconsists ofanyapplicableretailmarijuanasalestaxtransferredpursuanttosection 39-28.8-203 (1)(b) on or after July1, 2014, and anyrevenues transferred to the fund from anysales tax imposed pursuant to section 39-26-106 on the retail sale of products under articles 43.3 and 43.4 of title 12, C.R.S.
11 AND 12OF TITLE44.
SECTION 58.
In Colorado Revised Statutes, 42-4-710, amend (3) as follows:
42-4-710.
Emerging from or entering alley, driveway, or building.
(3) No person shall drive any vehicle other than a bicycle, electricLECTRICALassistedbicycle,oranyotherhuman-poweredvehicle -29- 241 upon a sidewalk or sidewalk area, except upon a permanent or duly authorized temporary driveway.
SECTION59.
In Colorado RevisedStatutes,42-4-1307,amend (10)(d)(II) as follows:
42-4-1307.
Penalties for traffic offenses involving alcohol and drugs-legislative declaration - definitions - repeal.
(10) Additional costs and surcharges.
In addition to the penalties prescribed in this section:
(d) (II) This paragraph (d) is repealed, effective July 1, 2016 SEPTEMBER 1,2025,unlessthegeneralassemblyextendstherepealofthe rural alcohol and substance abuse prevention and treatment program created in section 27-80-117.
C.R.S.
SECTION60.
InColoradoRevisedStatutes,amend44-3-201as follows:
44-3-201.
State licensing authority - creation.
(1) For the purpose of regulating and controlling the licensing of the manufacture, distribution, and sale of alcohol beverages in this state, there is hereby createdthestatelicensingauthority,whichshallbetheexecutivedirector of the department of revenuethe deputy director of the department of revenueif the executive director so designates.
(2) The executive director of the department of revenuee the chief administrative officer of the state licensing authority and may employ, pursuant to section 13 of article XII of the state constitution, clerks and inspectors as may be determined to be necessary.
SECTION 61.
In Colorado Revised Statutes, 44-3-303, amend (3)(b) introductory portion and (6) as follows:
44-3-303.
Transfer of ownership and temporary permits.
-30- 241 (3) A temporary permit shall authorize a transferee to conduct business and sell alcohol beverages at retail in accordance with the license of the transferor subject to compliance with all of the following conditions:
(b) The applicant has filed with the local licensing authority on forms provided by the department of revenue an application for the transfer of the liquor license.
The application shall include, but not be limited to, the following information:
(6) A temporary permit may be canceled, revoked, or summarily suspended if the local or state licensing authoritydetermines that there is probablecausetobelievethatthetransfereehasviolatedanyprovisionof this article 3 or article 4 of this title 44 or has violated any rule adopted bythelocalorstatelicensingauthorityor has failed to truthfullydisclose those matters required pursuant to the application forms required by the department.
of revenue.
SECTION 62.
In Colorado Revised Statutes, 44-3-403, amend (2)(e)(I)(A) as follows:
44-3-403.
Limited winery license - rules.
(2) A limited winery licensee is authorized:
(e) (I) (A) Except as provided in subsection (2)(e)(I)(B) of this section and subject to subsection (2)(e)(II) of this section, to conduct tastings and sell vinous liquors of its own manufacture, as well as vinous liquors manufactured by other Colorado wineries, on the licensed premises of the limited winery and up to five other approved sales room locations, whether included in the license at the time of the original licenseISSUANCE or by supplemental application.
SECTION 63.
In Colorado Revised Statutes, 44-3-501, amend (1) introductory portion and (2) as follows:
-31- 241 44-3-501.
State fees.
(1) The applicant shall pay the following licenseandpermitfeestothedepartmentofrevenue annuallyinadvance:
(2) Notwithstanding the amount specified for any fee in subsection (1) of this section, the executive director of the department of revenue byrule,orasotherwiseprovidedbylaw,mayreducetheamount of one or more of the fees if necessarypursuant to section 24-75-402 (3) toreducetheuncommittedreservesofthefundtowhichalloranyportion of one or more of the fees is credited.
After the uncommitted reserves of the fund are sufficiently reduced, the executive director, by rule or as otherwise provided by law, may increase the amount of one or more of the fees as provided in section 24-75-402 (4).
SECTION64.
In Colorado RevisedStatutes,44-11-103,amend (1)(b) as follows:
44-11-103.
Applicability.
(1) (b) To continue operating a businessoroperationasdescribedinsubsection(1)(a)ofthissection,the ownershall,onorbeforeAugust1,2010,completeformsasprovidedby the department of revenued shall pay a fee, which shall be credited to the medical marijuana license cash fund established pursuant to section 44-11-501.
The purpose of the fee shall be to pay for the direct and indirect costs of the state licensing authority and the development of application procedures and rules necessary to implement this article 11.
Payment of the fee and completion of the form shall not create a local or state license or a present or future entitlement to receive a license.
An owner issued a local license after August 1, 2010, shall complete the formsandpaythefeepursuanttothissubsection(1)(b)withinthirtydays afterissuanceofthelocallicense.Inadditiontoanycriminalpenaltiesfor selling without a license, it shall be unlawful to continue operating a -32- 241 business or operation without filing the forms and paying the fee as described in this subsection (1)(b), and anyviolation of this section shall beprimafacieevidenceofunsatisfactorycharacter,record,andreputation for any future application for license under this article 11.
SECTION 65.
In Colorado Revised Statutes, 44-12-103, repeal (3) as follows:
44-12-103.
Definitions.
As used in this article 12, unless the context otherwise requires:
(3) "Executive director" means the executive director of the department of revenue.
SECTION66.
In Colorado RevisedStatutes,44-12-202,amend (2)(c) and (3)(a)(XIV) as follows:
44-12-202.
Powers and duties of state licensing authority - rules.
(2) The state licensing authority has the authority to:
(c) Hear and determine at a public hearing any contested state licensedenialandanycomplaintsagainstalicenseeandadministeroaths andissuesubpoenastorequirethepresenceofpersonsandtheproduction of papers, books, and records necessary to the determination of any hearing so held, all in accordance with article 4 of title 24.
The state licensing authority may, at its discretion, delegate to the department of revenue hearing officers the authority to conduct licensing, disciplinary, and rule-making hearings.
When conducting the hearings, the hearing officersareemployeesof thestatelicensingauthorityunderthedirection andsupervisionoftheexecutivedirectorandthestatelicensingauthority.
(3) (a) Rules promulgated pursuant to subsection (2)(b) of this section must include, but need not be limited to, the following subjects:
(XIV) Authorizationforthedepartmentofrevenue tohaveaccess -33- 241 to licensing information to ensure sales, excise, and income tax payment and the effective administration of this article 12;
SECTION67.
InColoradoRevisedStatutes,44-30-1302,amend (1)(b) as follows:
44-30-1302.
Localgovernmentlimitedgamingimpactadvisory committee - creation - duties.
(1) There is hereby created within the department of local affairs a local government limited gaming impact advisory committee, referred to in this section as the "committee".
The committee shall be composed of the following thirteen members:
(b) Two members, one of whom shall be appointed by and serve atthepleasureoftheexecutivedirectorofthedepartmentofpublicsafety and one who shall be appointed by and serve at the pleasure of the executive directorF THE DEPARTMENT OF REVENUE ;
SECTION68.
In Colorado RevisedStatutes,44-32-201,amend (1) as follows:
44-32-201.
Divisionofracingevents-creation-representation - rules.
(1) There is hereby created, within the department, the division of racingevents,theheadof whichshallbethedirector of the division of racing events.
The director shall be appointed by, and shall be subject to removal by, the executive director.
of the department.ivision of racing events, the Colorado racing commission created in section 44-32-301,andthedirectorof thedivisionofracingeventsshallexercise theirrespectivepowersandperformtheirrespectivedutiesandfunctions as specified in this article 32 under the department as if the same were transferred to the department by a type 2 transfer, as such transfer is definedinthe"AdministrativeOrganizationActof1968",article1oftitle 24;
except that the commission shall have full and exclusive authorityto -34- 241 promulgaterulesrelatedtoracingwithoutanyapprovalby,ordelegation of authority from, the department.
SECTION69.
In Colorado RevisedStatutes,44-32-602,amend (4)(b)(I)(B) as follows:
44-32-602.
Simulcast facilities and simulcast races - unlawful act-repeal.(4)(b)(I)(B) Afacilitythatisreopeningasatrackpursuant to section 44-32-503 (2)yreceive three days of simulcast horse races fromanout-of-statehosttrackforeachdayoflivehorseracingforwhich the commission has granted it a race date for the subsequent year.
A day of simulcast horse races, for the purposes of this subsection (4)(b), shall not include a day on which live horse races are conducted at the horse track at which the simulcast facility is located or a day on which the simulcastfacilityreceivesonlysimulcastracesofhorsesfromaracemeet conducted at an in-state host track.
SECTION70.
In Colorado RevisedStatutes,44-33-103,amend (4) and (5) as follows:
44-33-103.
Definitions.
As used in this article 33, unless the context otherwise requires:
(4) "Registry"meanstheregistrycreatedandmaintainedbyorfor the departmentOF REVENUE pursuant to section 44-33-104.
(5) "Registryoperator" means the departmentREVENUE orthe private entity that maintains the registry under the direction and control of the department.
SECTION71.
In Colorado RevisedStatutes,44-33-104,amend (1), (2), (6)(c), (6)(d), and (7) as follows:
44-33-104.
Registry - creation - information.
(1) The department OF REVENUE shall create and maintain, or contract with a -35- 241 private entity pursuant to section 44-33-108 to create and maintain, the registry in accordance with this section.
(2) On and after the date that the judicial department receives notice from the department REVENUE pursuant to section 44-33-106 (2)(b)(I), the judicial department shall certifyto the registryoperator the information indicated in subsection (6) of this section regarding persons with an outstanding debt as specified in section 44-33-103 (2)(a)(II).
(6) The registry shall contain the following information:
(c) Theaccountorcaseidentifierassignedtotheoutstandingdebt by the departmentOF REVENUE that certified the information to the registry operator;