Legislation Colorado Session Laws US session laws and acts Chapter 264, HB 1303 – Revisor's Bill

Chapter 264, HB 1303 – Revisor's Bill

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CO HB 1303; CHAPTER 264

Colorado 68th General Assembly - First Regular Session 2011

HB 1303, Chapter 264

AN ACT

Concerning nonsubstantive revisions of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, inconsistent, and conflicting provisions of law and clarifying the language to reflect the legislative intent of the laws.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.
Legislative declaration. It is the intent of the general assembly that the citation to the United States supreme court case added to section 1-45-103 (12) (c), Colorado Revised Statutes, by this bill be updated by the revisor of statutes using the editorial authority given to the revisor of statutes in section 2-3-703, Colorado Revised Statutes, when the information becomes available.
SECTION 2.
1-45-103 (12) (c), Colorado Revised Statutes, is amended to read:

1-45-103. Definitions. As used in this article, unless the context otherwise requires:

(12) (c) The provisions of paragraph (b) of this subsection (12) are intended to clarify, based on the decision of the Colorado court of appeals in Independence Institute v. Coffman, 209 P.3d 1130 (Colo.

App. 2008), cert. denied, ___ U.S. ___, 130 S. Ct. 165, 175 L. Ed. 479 (2009), section 2 (10) (a) (I) of article XXVIII of the state constitution and not to make a substantive change to said section 2 (10) (a) (I).

SECTION 3.
2-2-1404 (5) (c), Colorado Revised Statutes, is amended to read:

2-2-1404. Economic opportunity poverty reduction task force - creation - membership. (5) (c) For the purposes of carrying out the duties of the task force pursuant to this section, the legislative council may accept and expend federal moneys, grants, gifts, donations, services, and in-kind donations from any public or private entity for any direct or indirect costs associated with the duties of the task force. All public and private moneys donated or awarded pursuant to this paragraph (c) shall be continuously appropriated for the implementation of this part 14.

SECTION 4.
8-20-404, Colorado Revised Statutes, is amended to read:

8-20-404. Conflicting rules forbidden. No municipality or other political subdivision shall adopt or enforce any ordinance or regulation in conflict with the provisions of this part 4 or with the regulations rules promulgated under section 8-20-402.

SECTION 5.
8-73-107 (7) (a) (III) (E), Colorado Revised Statutes, is amended to read:

8-73-107. Eligibility conditions - penalty. (7) (a) Benefits shall not be payable on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were performed, or was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed. For purposes of the "Colorado Employment Security Act":

(III) An alien shall be considered to be "permanently residing in the United States under color of law" only if the alien is:

(E) An alien who has been formally granted deferred action status by the immigration and naturalization service, or any successor agency.

SECTION 6.
8-76-103 (3) (e), Colorado Revised Statutes, is amended to read:

8-76-103. Future rates based on benefit experience - definitions. (3) (e) As used in sections 8-76-101 to 8-76-104 this section, for the purpose of computing the premium rate of any employer, the term "annual payroll" means the total amount of wages for employment paid by an employer during the twelve-month period ending on June 30. The term "Average chargeable payroll" means the average of the chargeable payrolls for the last three fiscal years ending on June 30. For any employer who has not reported payrolls to the division for thirty-six consecutive months ending on June 30, the division shall compute the average chargeable payroll by dividing the total chargeable payrolls of the employer during the three fiscal years ending on June 30 by the total months during which such wages were paid and multiplying the amount so determined by twelve.

SECTION 7.
Repeal. 11-71-103 (1) (f) (I) and (1) (f) (II) (B), Colorado Revised Statutes, are repealed as follows:

11-71-103. Applicability of article - confidentiality of compliance review committee documents. (1) This article applies to a compliance review committee the functions of which are to evaluate and seek to improve:

(f) (I) Compliance with regulations and guidelines for preparing systems to handle a year 2000 failure and the implementation of any plans for addressing the situation.

(II) For the purposes of this section:

(B) "Year 2000 failure" shall have the same meaning set forth in section 13-21-603 (3), C.R.S.

SECTION 8.
12-22-703 (1) (f), Colorado Revised Statutes, is amended to read:

12-22-703. Advisory committee - duties - repeal. (1) There is hereby created within the division, the prescription controlled substance abuse monitoring advisory committee. The committee shall consist of the following eleven members:

(f) The director of the division of alcohol and drug abuse unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, or his or her designee; and

SECTION 9.
12-23-106 (4) (b), Colorado Revised Statutes, is amended to read:

12-23-106. License requirements - rules. (4) (b) All license and registration expiration and renewal schedules shall be in accord with the provisions of section 24-34-102, C.R.S. Successful completion of an examination as authorized in section 12-23-104 (2) (i) is required as a prerequisite for renewal of a license or registration. Fees in regard to such renewals shall be those set forth in section 12-23-112.

SECTION 10.
12-32-107.2 (2) (b), Colorado Revised Statutes, is amended to read:

12-32-107.2. Volunteer podiatrist license. (2) Any person applying for a license under this section shall:

(b) Pay the license fee authorized by section 24-34-105, C.R.S. The volunteer podiatrist license fee shall be reduced from the license fee.

charged pursuant to section 12-32-115.

SECTION 11.
12-32-109.3 (3), Colorado Revised Statutes, is amended to read:

12-32-109.3. Use of physician assistants. (3) The provisions of sections 12-36-106 (5) and 12-36-107.3 12-36-107.4 governing physician assistants under the "Colorado Medical Practice Act" shall apply to physician assistants under this section.

SECTION 12.
12-36-106 (5) (a), Colorado Revised Statutes, is amended to read:

12-36-106. Practice of medicine defined - exemptions from licensing requirements - unauthorized practice by physician assistants - penalties - rules - repeal. (5) (a) A person licensed under the laws of this state to practice medicine may delegate to a physician assistant licensed by the board pursuant to section 12-36-107.3 12-36-107.4 the authority to perform acts that constitute the practice of medicine to the extent and in the manner authorized by rules promulgated by the board, including the authority to prescribe medication, including controlled substances, and dispense only such drugs as designated by the board. Such acts shall be consistent with sound medical practice. Each prescription issued by a physician assistant licensed by the board shall be imprinted with the name of his or her supervising physician. Nothing in this subsection (5) shall limit the ability of otherwise licensed health personnel to perform delegated acts. The dispensing of prescription medication by a physician assistant shall be subject to the provisions of section 12-22-121 (6).

SECTION 13.
12-43-803 (3), Colorado Revised Statutes, is amended to read:

12-43-803. Licensure or certification of addiction counselors - authority of director - rules. (3) In addition to addiction counselors specifically authorized to be certified or licensed for approved programs pursuant to article 80 of title 27, C.R.S., the director may certify or license addiction counselors, upon individual application, in any alcohol or drug abuse treatment program required as a condition of probation under part 2 of article 1.3 of title 18, C.R.S., any alcohol or drug abuse program administered by the division of adult services parole under part 1 of article 2 of title 17, C.R.S., any community corrections facility or program administered under article 27 of title 17, C.R.S., and any alcohol or drug abuse treatment program administered by the division of youth corrections under title 19, C.R.S.

SECTION 14.
The introductory portion to 12-43-805 (1) (b), Colorado Revised Statutes, is amended to read:

12-43-805. Continuing professional competency - director rules - repeal. (1) (b) The director, in consultation with the alcohol and drug abuse division unit in the department of human services that administers behavioral health programs and services, including those related to mental health and substance abuse, and other stakeholders, shall adopt rules establishing a continuing professional competency program that includes, at a minimum, the following elements:

SECTION 15.
12-47.1-701 (4) (e) (I) (B) and (4) (e) (I) (D), Colorado Revised Statutes, are amended to read:

12-47.1-701. Limited gaming fund. (4) (e) (I) For the 2009-10 fiscal year, of the portion of limited gaming fund moneys that would otherwise be transferred to the state general fund pursuant to section 9 (5) (b) (II) of article XVIII of the state constitution, after the transfer to the local government limited gaming impact fund required by section 12-47.1-1601 and the transfer to the state general fund required by paragraph (d) of this subsection (4):

(B) One million one hundred seventy-eight thousand seventy-one dollars shall be transferred to the state council on the arts cash fund created in section 24-48.8-109 24-48.5-308, C.R.S.;

(D) Four hundred twenty-eight thousand five hundred fifty-six dollars...

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