The act makes the following changes to the Colorado Revised Statutes, in accordance with the statutory charge of the statutory revision committee: Section 1 contains a nonstatutory legislative declaration reflecting the scope of the statutory revision committee as it applies to the bill; Sections 2-14 update incorrect references in statute related to the term "commitment", as used in the context of treatment and evaluation of mental health disorders, to the current language of "certification"; Sections 15-19 repeal subsections in title 43 that reference obsolete provisions or actions that have already occurred and are no longer relevant, including deleting references to the terms "motorscooter" and "motorbicycle", which were removed from statute by H.B. 09-1026; Sections 20-28 conform and update obsolete federal references for the definition of a "federally qualified health center"; Sections 29-32 update outdated references to the "Colorado tourism board" and replace them with the "Colorado tourism office" and repeal a reference to a one-time transfer to a now-defunct tourism promotion fund; Sections 33-38 repeal outdated and previously repealed references to the "pilot alternate protest procedure" in title 39; Sections 39-54 update, repeal, or correct miscellaneous references to programs, funds, boards or commissions, terminology, or other provisions in statute that conflict with current law; Sections 55-57 update references to the term "regional accountable entity" to the current language of "managed care entity; and Sections 58-60 repeal subsections in title 33 that reference obsolete or conflicting provisions or actions that have already occurred and are no longer relevant.(Note: This summary applies to this bill as enacted.)
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The act repeals statutory language requiring the department of public health and environment (CDPHE) to provide prevention, intervention, and treatment services for youths since these functions were previously transferred from CDPHE to the department of human services. (Note: This summary applies to this bill as enacted.)
Under current law, the sales tax exemption for sales to residents of bordering states without retail sales taxes exempts from state sales tax all retail sales made within 20 miles of the Colorado border to residents of states that border Colorado and do not have a retail sales tax, so long as those residents are in Colorado for the primary purpose of making the purchase. The act repeals this exemption. (Note: This summary applies to this bill as enacted.)
The act repeals the definition of "alternative fuel" in the air quality control statutes because there is no longer any reference to the definition in those statutes and moves the definition to the statutes regarding the department of personnel's central state motor vehicle fleet system, where the defined term is used. Cross-references to the definition of "alternative fuel" are updated to refer to the statute to which the definition is moved. (Note: This summary applies to this bill as enacted.)
The act modifies various provisions relating to the enforcement of parks and wildlife statutes as follows: Clarifies that any person, not just a hunter, may be prosecuted for violations of parks and wildlife statutes; Amends the definition of "take" to clarify that the term includes the killing of wildlife with certain exceptions; States that licenses issued by the division of parks and wildlife (division) are not subject to the "Secure and Verifiable Identity Document Act"; Specifies the default penalties that apply to a person who is convicted of a violation of a parks and wildlife statute or rule promulgated under those statutes that does not list a specific penalty; Extends the period of time within which an alleged offender may pay fines and surcharges identified in a penalty assessment notice issued to the alleged offender from 15 days to 20 days and authorizes personal service or service by certified mail of a summons and complaint or a penalty assessment notice; Authorizes the parks and wildlife commission or a hearing officer to suspend a person's license issued by the division for a failure to comply with an official notice of an alleged violation of the parks and wildlife statutes. The suspension is lifted once the person furnishes or causes to be furnished to the division satisfactory evidence of compliance with the official notice of an alleged violation. Makes the imposition of additional penalties regarding the unlawful taking of trophy animals permissive instead of mandatory; For the purposes of hunting in a careless manner, amends the definition of "careless" and authorizes a lesser fine for a person who hunts in a careless manner while hunting with a big game license for a type of animal different than the type of animal killed and who immediately field dresses the killed animal and reports the killing to the division; Amends the definition of "vessel" to include all types of stand-up paddleboards and excludes from the definition of "river outfitter" a person whose only service is providing instruction in stand-up paddleboarding; Authorizes a person to possess a loaded pistol or revolver while snowmobiling and clarifies that the division may authorize certain conduct while operating a snowmobile that is otherwise unlawful; and Prohibits a river outfitter, guide, trip leader, or guide instructor from allowing another person to operate a vessel without due regard for river conditions or other attending circumstances or in a manner that endangers any person, property, or wildlife. A person who violates the prohibition commits a class 3 misdemeanor.(Note: This summary applies to this bill as enacted.)
Current law requires that a local board of health set the permit fee for an on-site wastewater treatment system permit in an amount to recover the actual direct and indirect costs associated with the permit and sets a $1,000 cap on the fee. The act repeals the dollar limitation on the fee. Upon request, the local board of health shall provide a permittee with a statement that specifies how the permit fee amount was calculated. (Note: This summary applies to this bill as enacted.)
The act changes the date that the statutory revision committee is required to report its findings and recommendations to the general assembly from on or before November 15 of each year to on or before July 1 of each year. (Note: This summary applies to this bill as enacted.)
Current law provides that a period of nonuse of a portion of a water right is tolled, and no intent to discontinue permanent use is found for purposes of determining an abandonment of a water right, for the duration that the nonuse of the water right by its owner is a result of any of certain conditions. The bill adds a condition that applies when the nonuse of a portion of a water right is a result of the implementation of efficiency improvement projects or methods that result in a reduction of the amount of water diverted for the decreed beneficial use. In such case: For the period of nonuse to be tolled, the owner of the water right must submit written notice of the efficiency improvement project or method to the division engineer, on a form prescribed by the division engineer, within one year of the date that the efficiency improvement project or method is first implemented; and The nonuse of the portion of the water right is tolled for a maximum of 20 years.(Note: This summary applies to this bill as introduced.)
Under current law, a cooperative electric association with an electric utility easement on real property is authorized to install or to allow a commercial broadband supplier to install broadband facilities on the real property, subject to notice and procedural requirements. The bill expands the authorization to also apply to an electric generation and transmission cooperative association with an electric utility easement on real property. The bill also authorizes the installation of new underground broadband facilities within these easements, subject to the same notice and procedural requirements. (Note: This summary applies to this bill as introduced.)
Current law limits the place of use of water subject to a changed water right that has been decreed for use in a treated domestic or municipal water supply system to only that system. The bill authorizes the use of that water in an interconnected treated domestic or municipal water supply system if: The water is attributable to a water right for which the historical consumptive use has previously been quantified, diverted from a point of diversion that has already been decreed for that water right, and delivered from the decreed treated system to the interconnected treated system without the water being returned to the natural stream; and The owner of the water right has given written notice to the division engineer that identifies the proposed accounting for the use of the water right and the division engineer has approved the accounting. The owner of the water right must give notice to all persons on the substitute water supply plan notification list for the applicable water division. The division engineer will review any comments received on the proposed accounting and make a determination whether the accounting is adequate. This determination may be appealed to the water judge. Other than the place of use, all of the terms and conditions of the previous change of water right decree continue to apply to the water right. A claim to any return flows from the use of the water right in the interconnected treated domestic or municipal water supply system must be approved by the water judge. (Note: This summary applies to this bill as introduced.)