Repeal of Obsolete Statutory Requirements

HOUSE BILL 26-1295
BY REPRESENTATIVE(S) Bradley and Espenoza, Carter, Garcia Sander,
Gonzalez R., Keltie, Phillips;
also SENATOR(S) Rich, Coleman.
CONCERNING THE REPEAL OF OBSOLETE STATUTORY REQUIREMENTS
RELATED TO FULFILLED REPORTING REQUIREMENTS, AND, IN
CONNECTION THEREWITH, REPEALING ENTITIES THAT HA VE
FULFILLED THEIR STATUTORY REQUIREMENTS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 13-5-145, repeal (4)
as follows:
13-5-145. Truancy detention reduction policy - legislative
declaration.
( 4) The state court administratm's office shall report to the judiciary
committees of the house of representatives and the senate, or any successot
committees, no later than April 15, 2016, regarding the policy for
addressing truancy cases adopted b)1 each judicial district.
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
SECTION 2. In Colorado Revised Statutes, 19-1-109, repeal (3)
as follows:
19-1-109. Appeals -child welfare appeals workgroup -created.
(3) (a) The ehild welfare appeals workgroup is established in the
state judicial department and rcfencd to in this subsection (3) as the
"workgroup". The purpose of the workgroup is to consider necessary
changes to praetiecs, rules, and statutes to ensure that appeals in eases
eonecrning relinquishment, adoption, and dependency and neglect are
resolved within six months after being filed.
(b) Beginning January 1, 2022, the wmkgroup shall monitor, fur two
years, the implementation of the r eeommcndations of the w or kgr oup's 2021
final report, determine if other issues arc contributing to appellate delay,
study opportunities to 1cduee delay in ehild welfare appeals, and provide
training. No later than January 1, 2023, thejudieial department shall report
to the health and human scr-v iecs committee of the senate and the pub lie and
behavioral health and human set viees eonrmittec of the house of
1 cp1 escntati v es, or any sueeessot committees, on the status of the
wo1kgroup's data eolleetion, identified necessary resources, progress made
on inrplcnrentation of the I ceommcndations, outstanding I ceommcndations,
additional changes to pr aetiees, r ulcs, and statutes necessary to ensure that
appeals are resolved within six months of filing, and the impact those
r ceommcndations are having on appellate delay. No later than July 1, 2024,
the w or kgroup shall also issue a final report.
SECTION 3. In Colorado Revised Statutes, 19-1-115, repeal
(4)(d)(III) as follows:
19-1-115. Legal custody -guardianship - placement out of the
home - petition for review for need of placement -rules.
( 4) ( d) (III) The state department of human scr vices shall eon'\i enc
a w 01 king group of gcogr aphieally and demographically div er sc partners
and stakeholders to prov idc feedback and I ceommendations regarding the
collection of fees fur the r csidential ear c of ehild1 en 01 youth in
out-of-home placement who are not adjudicated dependent 01 neglected
pursuant to section 19-3-102, ensuring compliance with federal law,
ineluding but not limited to Title IV of the fedc1 al "Social Seem icy Act". On
PAGE 2-HOUSE BILL 26-1295
m before Match 31, 2022, the state department shall submit a report of the
recommendations of the wot king group to the public behavioral health care
and human services committee of the house of teptesentatives and the
health and human set vices committee of the senate, ot their successor
committees.
SECTION 4. In Colorado Revised Statutes, 19-3-304.3, repeal (1)
as follows:
19-3-304.3. Best practices and training for recognition of
domestic abuse as child abuse or neglect - policies and procedures -
rules.
( 1) (a) The state department shall ct eate a domestic abuse task fot ce,
tefened to in this section as the "task force". The task force must be formed
fot no mote than two years. The task force shall review recommendations
from the state department's domestic violence program and child welfare
workgroup to develop a statutory definition fot this title 19 that defines
domestic abuse and t ecognizes the impact domestic abuse may have on the
emotional and developmental well-being of a child.
(b) The membership of the task force must represent the broad
cultut al and socioeconomic div ct sity of the state, ineluding pct sons with
lived experiences ot professional expertise. The task force may include
membe1 s ft om the state department's domestic violence pt ogr am and child
welfare workgroup.
(c) The state department shall t eport to the health and human
set vices committee of the senate and the public and behav iotal health and
human services committee of the house oft ept csentati v es, ot any successor
committees, with the t ecommended definition pursuant to subsection ( 1 )(a)
of this section no later than December 2022.
SECTION 5. In Colorado Revised Statutes, 22-2-141, repeal ( 4)
as follows:
22-2-141. Early literacy assessment tool -request for proposals
-software -hardware -training -distribution -legislative declaration.
( 4) During the 2014 t egular legislati v c session and during the 2016
PAGE 3-HOUSE BILL 26-1295
regular legislative session, the department shall submit to the gove11101's
office, the joint budget committee, and the education committees of-the
house of representatives and the senate, 01 any successor committees, a
report that includes, but need not be limited to, the following information.
(a) The percentage of students enrolled in kindergarten and first,
second, and thiI d grades thrnughout the state that ate I eeei ving set vices
using the early literacy assessment tool,
(b) The local education providers that have I eeei v ed the early
literacy assessment tool,
(e) The improvements, if any, in the I eading skill levels of students
who received 01 are receiving set vices using the early literacy assessment
tool, and
(d) The amount of appropriations I equir ed to pm chase an adequate
number of software licenses to enable the local education providers in the
state to use the early literacy assessment tool in all of the kindergarten and
first-, second-, and third-grade classes in the state.
SECTION 6. In Colorado Revised Statutes, 22-2-145, repeal (3)(c),
(3)(d), (3)(e), and (4) as follows:
22-2-145. Media literacy -committee - report -strategic plan -
resource bank -definition - rules.
( 3) ( c) The consultant shall distribute his 01 her I es ear eh and draft
reports to committee members for feedback at least monthly and the latest
draft report at least three days prior to the committee meeting described in
subsection (3)(d) of this section.
( d) On 01 before Nov ember 1, 2019, the committee shall eon v enc to
discuss the dt aft I eport and finalize I eeommendations for the final I eport to
be submitted pm suant to subsection (4) of this section.
( e) The consultant shall ineorpor ate feedback and I eeommendations
ftom the committee's meeting described in subsection (3)(d) ofthis section.
The consultant shall distribute his 01 her dt aft I eport to committee members
for final feedback to be r eeei v ed by the consultant no later than December
PAGE 4-HOUSE BILL 26-1295
1, 2019.
(4) On or befure January 1, 2020, the committee shall submit the
written report of its findings, recommendations, and summaries of the
committee's discussions and div er se opinions I egar ding the findings and
I ecommendations contained in the final report to the education committees
of the house of I epr esentativ es and the senate, or any successor committees.
SECTION 7. In Colorado Revised Statutes, 22-2-146, repeal (3)
as follows:
22-2-146. Department of education - COVID-19-related
education loss -strategies -resources -legislative declaration.
(3) The department shall create a report specifying the pmposes fur
which the department used the federal money received pursuant to the
federal "Cornnavims Aid, Relief and Economic Security Act",
Pub.L.116-136, the "Cornnavims Response and Relief Supplemental
Appr opt iations Act, 2021 ", Pub.L.116-260, and the "American Rescue Plan
Act of2021", Pub.L.117-2. At a minimum, the report must identify the total
amount that the department I ecei v ed and was authorized to spend at the
state level under each act, the pmposes f-or which the department spent the
amounts received, the specific amount allotted to each pm pose, and any
data the department may ha'\le concerning the results achieved in using the
money for each purpose. On or before December 1, 2021, and on or before
December 1 each year thereafter tin ough December 1, 2024, the department
shall submit the I eport to the education committees of the house of
I epr esentati v es and senate, or any successor committees, and post the I eport
on the department's website. The department shall also present the I eport as
part of the department's hearing held each January pm suant to section
2-7-203, starting in 2022 and continuing through 2025.
SECTION 8. In Colorado Revised Statutes, 22-20-114.5, repeal (7)
as follows:
22-20-114.5. Special education fiscal advisory committee -
special education high-cost grants -definitions -repeal.
(7) On or befure January 1, 2023, the committee shall submit to the
education committees ofthe house ofrepte5entatives and the senate, or any
PAGE 5-HOUSE BILL 26-1295
successm committees, a repmt that includes but need not be limited to.
(a) An analysis of funding for special education services in other
states compared to the funding model used in Colorado, with a focus on the
proportionate shares provided by federal, state, and local funding and how
other states fund different categories of disabilities to target the needs of
children with disabilities,
(b) An analysis of the actual costs to provide special education
services to children with disabilities in Colorado,
(c) An analysis ofthe effectivertess ofthe current funding model fur
special education: se~ices and whether the current funding model
adequately supports special education scr vices,
(d) An examination of the high-cost special education trust fund
cr eatcd in section 22-20-114. 7, including how the high-cost special
education trust fund is cuncntly operating, who is receiving funding ftoni
the high-cost special education trust fund, and how the high-cost special
education trust fund impacts those who receive funds;
(c) An analysis of the current disability categories for children with
disabilities described in section 22-20-103 (S)(a) and whether the disability
categories are sufficient for meeting the needs of children with disabilities,
and
(f) Recommended changes, if any, to the special education scr vices
funding model described in section 22-20-114.
SECTION 9. In Colorado Revised Statutes, 22-108-105, repeal (2)
and (3) as follows:
22-108-105. Justice-engaged students interagency working
group - duties - recommendations - rules.
(2) The interagency working group shall, at a 1ninimum, review and
make recommendations to the department of education and the joint
education committees of the house ofreprescntati vcs and the senate no later
than December 1, 2024, regarding.
PAGE 6-HOUSE BILL 26-1295
(a) Criteria and a mechanism for identifying and quantifying the
number ofjustice-engaged students,
(b) Indicators of and contributing factors to academic attainment,
(c) Data-shat ing agr cements and regulatory and statutory changes
required to implement the recommendations,
(d) Additional funding or system enhancements I equh ed to
implement the recommendations made pursuant to this subsection (2), and
(e) Any other recommendations that the interagency working group
finds relevant to better understand outcomes for justice-engaged students
and ways the state can support this population.
(3) The interagency working group shall consult with local
education providers to deter mine what data is needed by December 31,
2-6*-
SECTION 10. In Colorado Revised Statutes, 23-1-125, repeal
(5)(d) as follows:
23-1-125. Commission directive -student bill of rights -degree
requirements -implementation of core courses -competency test-prior
learning-prior work-related experience -policies -definitions -repeal.
(5) Nonpublic institutions of higher education.
(d) On or before March 1, 2016, the commission shall submit to the
education committees ofthe senate and the house ofrepresentatives, or any
successor committees, a report concerning the implementation of this
subsection (5). At a minimum, the report shall include.
(I) The names of the nonpublic institutions of higher education that
are participating in the general education core course requirements,
(II) The number ofstudcnts who ha v ctr ansf-er I cd cor c com sc er edits
to or fi:om a nonpublic institution of higher education,
(Ill) Any issues that have arisen in the comsc of implementing this
PAGE 7-HOUSE BILL 26-1295
subseetion (5), and
(IV) Any recommendations fm changes to this subsection (5).
SECTION 11. In Colorado Revised Statutes, amend 23-78-104 as
follows:
23-78-104. Educator preparation program - best practices
guidelines.
( 1) (a) The department of higher education and the department of
education, in collabo1 ation with the deans of the schools of education in
Colorado institutions of higher education, 01 their designees, shall review
1 esea1 ch and pt actices ft om other states and other count1 ies to identify best
practices in providing educator preparation programs, including.
(I) Effective cmricula, teaching teacher candidates the science of
teaching reading and strategies to ensure all students learn to read, comse
scope and sequence, and tinting of and effective practices in pr 0\1 iding
clinical practice, and
(II) Effective cuu icula and interventions, teaching candidates for an
elementary education endorsement, a middle school mathematics
endoi senxent, or a secondary mathematics endo1 sement intel'\1 entions and
strategies to help students who are below grade level or stmggling in
mathematics, child1 en with disabilities, as defined in section 22-20-103, and
students who are English language learners.
(b) The departments DEPARTMENT OF HIGHER EDUCATION AND THE
DEPARTMENT OF EDUCATION and THE deans OFTHESCHOOLSOFEDUCATION
IN COLORADO INSTITUTIONS OF HIGHER EDUCATION, or their designees, shall
work with persons who implement alternative teacher programs, local
education providers, teachers, and other interested parties in identifying the
best practices. No later than January 1, 2020, The departments shall jointly
adopt guidelines to assist educator preparation programs in adopting and
implementing the best practices, including best practices to ensure that
teacher candidates are well trained to teach students to read.
(2) The department of higher education and the department of
education shall jointly prepare a report concerning the identified best
PAGE 8-HOUSE BILL 26-1295
practices, the adopted guidelines, and I egulatory and legislative
recommendations to ensure that the policies and criteria for reviewing and
approving educator preparation pt ogt anrs pm suant to sections 22-60. 5-115
(2), 22-60.5-205 (3), and 22-60.5-121 align with the identified best
practices and are designed to determine the degree to which educator
preparation programs are implementing the best practices. On or before
January 15, 2020, the departments shall submit the report to the
commission, the state board, and the education conrmittees of the house of
representatives and the senate, or any successor committees. To the extent
necessary, the commission shall amend its guidelines and the state board
shall amend its rules to align with the best practices.
(3) On or before March 1, 2020, each educator p1 eparation program
shall submit to the department of higher education and the department of
education a plan demonstrating how the educator pt epar ation p1 ogr anr
expects to phase in implementation of the identified best practices over the
following three academic years.
SECTION 12. In Colorado Revised Statutes, 24-31-702, repeal ( 4)
as follows:
24-31-702. Colorado domestic violence fatality review board -
creation -membership -purpose -duties.
( 4) The review board shall coordinate with review teanrs to collect
data, re"view and analyze the data, and prepare recommendations for the
general asseM:bly. The review board shall submit a written report of-its
recommendations to the health and human services and judiciary
committees of the senate and the public health care and human set vices and
judiciary committees of the house of representatives, or any successor
committees, on or before December 1, 2018, and on 01 befot e December 1
each year thereafter. Notwithstanding the provisions of section 24-1-136
( 11 )(a)(I), the report I equit ed in this subsection (4) expires on September
1, 2022. The review board shall make the report available to the public on
the department's website. The report may include, but is not limited to, the
following.
(a) Recommendations for improving communication between public
and private organizations and agencies,
PAGE 9-HOUSE BILL 26-1295
(b) The number of domestic violence fatalities and near-death
incidents that occun ed in each county dttt ing the preceding year and the
factors associated \'\i ith each fatality,
(c) Recommendations fot.
(I) Reducing the incidence of domestic violence in the state, and
(II) hnpr O\J ing I esponses to domestic violence incidents by the legal
system and by communities, and
(d) Recommendations directed at ptimary prevention of domestic
violence.
SECTION 13. In Colorado Revised Statutes, 24-32-104, repeal (3)
as follows:
24-32-104. Functions of the division - interconnectivity grant
program - interconnectivity grant program fund - reporting -
definition.
(3) (a) The div is ion of local government in the department of local
affairs shall contt act with a nationally I ecognized 1 es ear ch and consulting
entity to study ftttme prison bed needs in Colorado. While conducting the
study, the entity shall solicit input ft om local communities and other
interested parties or issue experts, including but not limited to public safety
experts, victim's ad\Jocates, prosecutors, defense attorneys, and community
teentry ptoviders.
(b) The dh is ion shall con v enc an advisory committee that contains
three representatives oflocal governments, of which at least mo must be
county comn1issione1 s, selected by the executi v c director, ft om each county
that has a private prison to consult with the entity dm ing the study. The
study must include.
(I) An analysis of the economic and other impacts that potential
prison closure would ha\Je on local governments and the widet community
and I ecommendations on str atcgies to div er sify the local economy ,
(II) A utilization analysis of all state and privately opcr ated facilities
PAGE IO-HOUSE BILL 26-1295
and all other facilities that ean be used for housing inmates,
(III) An analysis of the feasibility of the department to obtain
privately owned facilities 01 utilize unused state-owned buildings in
Colorado.
(e) P1io1 to completing the study, the division, in conjunction with
the county commissioners, shall pt o v ide notice and conduct public hearings
in the counties in which private prisons are located to allow direct public
testimony and input, which the department shall include in the final report.
(d) The division of local government in the department of local
affairs shall report the study to the judiciary committees of the senate and
house of I ept esentati v es, or any successor committees, dm ing the
committees' hearings held dming the 2021 session of the general assembly
under the "State Measm ement for Accountable, Responsive, and
Transparent (SMART) Government Aet", part 2 of article 7 of title 2.
SECTION 14. In Colorado Revised Statutes, 24-32-130, repeal (8)
as follows:
24-32-130. Local government affordable housing development
incentives grant program -local government planning grant program
-creation -definitions.
(8) (a) Ott 01 before November 1, 2022, and on 01 before November
1, 2023, the executive director of the department or the executive director's
designee shall publish a report summarizing the use of all money that was
awarded as gr ants :fi: om the housing development incentives gr ant pt ogr am
in the preceding fiscal year. At a minimum, the I eport must specify the
number oflocal governments that applied for a grant award, including the
number of local govetmnents that were not awarded a grant, the policy 01
regulatory tools adopted by the local governments that qualified for a grant
aw at d, the amount of grant money distributed to each grant I ecipient, and
a des er iption of each gt ant I ecipient's use of the gr ant money. In the I eport,
the div is ion shall also pm v ide its I ecommendations concerning ftttm e
administration of the grant program. The report must be shared with the
general assembly and posted on the department's website.
(b) On 01 before November 1, 2022, and on or before November 1,
PAGE I I-HOUSE BILL 26-1295
2023, the executi" e dit ectot of the department m the executi" e dir ectm 's
designee shall publish a t eport sumrnat izing the use of all money that was
awatded as grants fiom the planning grant prngram in the preceding fiscal
year. At a minimum, the report must specify the amount of gt ant money
distributed to each grant t eeipient and a description of each grant t eeipient's
use of the grant money. In the report, the division shall also prnvide its
recommendations concerning futut e adtninistr ation of the gt ant pr ogt am.
The report must be shared with the general assembly and posted on the
department's website.
SECTION 15. In Colorado Revised Statutes, 24-32-721.7, repeal
(2)(c) as follows:
24-32-721. 7. Affordable housing guided toolkit and local officials
guide program -creation.
(2) (c) On ot befureNovembet 1, 2022, and on ot befureNovembet
1, 2023, the executive director of the department or the executi'\'e director's
designee shall publish a I eport summarizing the use of all assistance that
was awarded fi om the housing toolkit prngram in the pt eceding fiscal year.
In the teport, the di'\'ision shall also prnvide its tecommendations
concet ning futur c administt at ion of the housing toolkit pt ogratn. The t cport
must be shared with the general assentbly and posted on the department's
website.
SECTION 16. In Colorado Revised Statutes, 24-48.5-128, repeal
(5) as follows:
24-48.5-128. Program- marijuana entrepreneurs -social equity
licensees - marijuana entrepreneur fund - creation - legislative
declaration -definitions - repeal.
(5) Report. Dy July 1, 2022, and July 1, 2023: the office shall
submit a report to the gov ernot, the business, labot, and technology
committee of the senate ot its successor committee, and the business affairs
and labot committee of the house of r ept esentati v es or its successot
committee detailing how the office is expending money under this section.
SECTION 17. In Colorado Revised Statutes, 24-72-204.5, repeal
(3) as follows:
PAGE 12-HOUSE BILL 26-1295
24-72-204.5. Adoption of electronic mail policy.
(3) On 01 befote January 1, 2024, each member of the genetal
assembly, the govetnm's office and each office of the govetnm, and each
state agency and institution shall submit a t eport to the staff of the
legislati'\I e council of the genet al assembly outlining its t espeeti v e electt onic
mail t etention policy. The 1nembe1 s of the genernl assembly may submit
individual teports m rnay submit a report that specifies the electronic mail
t etention policies of multiple membet s of the genet al assembly.
SECTION 18. In Colorado Revised Statutes, 25-1.5-106.5, amend
(4)(b) introductory portion; and repeal (4)(a) as follows:
25-1.5-106.5. Medical marijuana health research grant program.
( 4) Reporting.
(a) No latet than January 1, 2016, the grant program shall report to
the state board of health on the prngtess of the medical marijuana studies.
(b) Thereaftet, The grant program shall issue a report to the state
board of health by January 1 of each year detailing the progress of the
medical marijuana studies. The interim reports required under this
paragraph (b) shall PURSUANT TO THIS SUBSECTION ( 4 )(b) MUST include data
on all of the following:
SECTION 19. In Colorado Revised Statutes, 25.5-5-339, repeal (6)
as follows:
25.5-5-339. Coverage for services addressing health-related
social needs feasibility study -federal authorization - rules.
(6) On m befote Novembet 10, 2024, the state department shall
submit a t eport detailing the findings and I eeommendations frnm the
feasibility study to the joint budget committee. If the detetmination to seek
federal authmization is made pursuant to subsection (5) of this section, the
state department shall notify the joint budget eomtnittee in the state
department's report of the state department's intent to seek federal
authorization pmsuant to subsection (5) of this section. The state
department shall also notify the joint budget committee of the cost of
PAGE 13-HOUSE BILL 26-1295
nutrition, housing, and tenant supporti\i e ser vices that address members'
health-I elated social needs through federal authorization if the state
department determines that nutrition, housing, and tenant supportive
services that address membe1s' health-related social needs would not be
budget neutral.
SECTION 20. In Colorado Revised Statutes, 25.5-6-409.5, repeal
(8) as follows:
25.5-6-409.5. Transition plan for youth with intellectual and
developmental disabilities to adult services - rules - cash fund -
legislative declaration.
(8) The department shall submit a 1eport to the joint budget
eonrmittee on or before January I, 2015, and on or before January 1, 2016,
on the status of the youth being transitioned. The report must include, at a
minimum.
(a) The numbe1 of youth transitioned to date by county,
(b) The needs assessment of the youth who have been transitioned,
and
(c) The type of adult residential locations of the youth who have
been transitioned.
SECTION 21. In Colorado Revised Statutes, 26-5-114, repeal (2)
as follows:
26-5-114. Former foster care youth steering committee -
implementation plan -recommendations.
(2) On or before January 1, 2020, the steeling committee shall
submit a report with its recommendations fox an implementation plan to the
executive director of the department ofhuman services, the governor, and
the joint budget committee, the health and human set vices committee of the
senate, the public health and environment committee of the house of
1epresentati\ies, or any successor committees.
SECTION 22. In Colorado Revised Statutes, 26-13-122.7, repeal
PAGE 14-HOUSE BILL 26-1295
(1 )(b) as follows:
26-13-122.7. Administrative lien and attachment of insurance
claim payments, awards, and settlements -rules -fund.
(1) (b) On or befute January 30, 2018, the department of human
se1. vices shall submit a t eport to the health and human set vices committee
of the senate and the public health care and human set vices conrmittee of
the house of representatives. ot any successor committees, concerning-the
t esults of the voluntary participation by insttt ance companies in the child
support lien network insurance data match pmsuant to paragraph (a) of this
subsection (1).
SECTION 23. In Colorado Revised Statutes, 29-1-1503, repeal (4)
as follows:
29-1-1503. Identifying barriers to entry for historically
underutilized businesses in local government procurement - pilot
program.
( 4) (a) In January 2022, the department of local affairs shall t eport
on the progt ess of the pilot project as part of the department's presentation
to its committee oftefetence at a heating held ptttsuant to section 2-7-203
(2)(a) of the "State Measmement fut Accountable, Responsive, and
Transparent (SMART) Government Act".
(b) In January 2023, the department ofloeal affairs shall include the
findings of the pilot pt oj eet as part of the department's presentation to its
committee of reference at a heating held pmsuant to section 2-7-203 (2)(a)
of the "State l\ifoasmement fur Accountable, Responsive, and Transparent
(SMART) Government Act".
SECTION 24. In Colorado Revised Statutes, 33-10-116, repeal ( 1)
as follows:
33-10-116. Backcountry search and rescue - training and
physical and psychological support pilot program.
( 1) (a) The div is ion shall conduct a study and develop
t ecommendations on how to addt ess the challenges associated with
PAGE 15-HOUSE BILL 26-1295
baekeountry sear eh and t eseue in the state. At a minimum, the. study must
~
(I) How to imprn v e and de v clop a sustainable stmetur e for
coordination among the state of Colorado, county sheriffs and local law
enforcement agencies, public or nonprnfit organizations that provide
baekeountry sear eh and t eseue set vices, and federal agencies;
(II) The availability and adequacy of workers' compensation or other
benefits fot individuals who are injured in the course of prnviding
baekcountry search and rescue set vices, including as volunteers,
(III) The availability and adequacy of retirement benefits for
individuals who provide baekeountry search and rescue set vices, including
as volunteers;
tf¥}-Compensation and I eimbur sement of expenses for v olunteet s
who provide backeountry search and rescue set vices,
(V) The av ail ability of necessary equipment and the need fot
funding to obtain, maintain, and I eplaee equipment and operate baekeountry
search and rescue teams,
(VI) The phy sieal and psy ehologieal impacts of providing
baekeountry search and rescue and the availability and adequacy ofphysieal
and psychological support and resources for individuals who prnvide
baekeountry search and rescue set vices, including as volunteers,
(VII) Issues related to governmental immunity fot volunteers who
prnvide backeountry seat eh and rescue set vices,
(VIII) Training needs for v olunteet s involved in baekeountry seat eh
and rescue, and
(IX) The need for public outdoor safety education.
(b) In conducting the study required by this subsection (1), the
div is ion shall consult with affected stakeholders, including county sheriffs,
public and nonprofit baekcountry sear ch and t es cue organizations, the
department of public safety, the department of local affairs, the Colorado
PAGE 16-HOUSE BILL 26-1295
avalanche infm mation center, local gov et nments, and other entities affected
by or involved with backcountry search and rescue.
(c) The department shall t eport on the dhi ision's findings as part of
the department's "State Measurement fot Accountable, Responsive, and
Transparent (SMART) Government Act" heating requited by section
2-7-203 in January 2022 to the mral affairs and agdcultme committee ofthe
house of t ept esentativ es and the agdcultm e and natm al t esom ces
committee of the senate, m their successo1 committees.
SECTION 25. In Colorado Revised Statutes, 34-60-106, amend
(9)(a)(II) and (9)(c)(I)(A); and repeal (9)(b) as follows:
34-60-106. Additional powers of commission - fees - rules -
definitions -repeal.
(9) (a) (II) In performing acts for the purpose of ensuring the safe
and effective sequestration of greenhouse gases pursuant to subsection
(9)(a)(I) of this section, the commission shall act in accordance with
subsection (9)( c) of this section and only after the governor and the
commission have made an affirmative determination that the state has
sufficient resources necessary to ensure the safe and effective regulation of
the sequestration of greenhouse gases in accordance with the findings from
the commission's study conducted pursuant to subsection (9)(b) of this
section AS IT EXISTED PRIOR TO ITS REPEAL IN 2026.
(b) The commission shall.
(I) Conduct a study to evaluate what resources ate needed to ensme
the safe and effective t egulation of the sequestt ation of greenhouse gases
and identify and assess the applicable resources that the commission or
other state agencies have, and
(II) Report its findings to the governor and the general assembly by
December 1, 2021.
( c) (I) The commission may seek class VI injection well primacy
under the federal "Safe Drinking Water Act", 42 U.S.C. sec. 300f et seq.,
as amended, after the commission:
PAGE 17-HOUSE BILL 26-1295
(A) Determines it has the necessary resources for the application
outlined in the commission's study performed pursuant to subsection (9)(b)
of this section AS IT EXISTED PRIOR TO ITS REPEAL IN 2026; and
SECTION 26. In Colorado Revised Statutes, 38-37-102, repeal
(l)(b) as follows:
38-37-102. Appointment - bond - office.
( 1) (b) In No~ ember of 2021, each county of the second el ass shall
pm~ ide a copy of the most r eeent report prepared pm suant to section
38-37-104 (3) to the departnrent of local affairs. The department of local
affait s shall compile the reports of the counties and pt esent them to the
house transportation and local gov emment eonrmittee and the senate local
gov ernnrcnt committee, 01 their sueecssot eoinnrittees, by January 1, 2022.
SECTION 27. In Colorado Revised Statutes, 39-21-103, amend
(l.5)(c); and repeal (l.5)(a)(I) as follows:
39-21-103. Hearings.
(1.5) (a) (I) No later than December 15, 2021, collegeinvest shall
provide the departnrent with a secme electronic report containing the name
and social seem icy number, and the anroui,t of the distribution, of each
account holder of a collcginvest account who is also a Colorado taxpayer
making a distribution in the reporting tax years commencing on or after
January 1, 2017, but before January 1, 2021.
( c) The executive director shall provide a report of the examinations
required under subsections ( l .5)(a) and SUBSECTION ( l .5)(b) of this section,
consistent with section 39-21-113 (5), as part of the department's
presentation to its committee of reference at a hearing held pursuant to
section 2-7-203 (2)(a) of the "State Measurement for Accountable,
Responsive, and Transparent (SMART) Government Act".
SECTION 28. In Colorado Revised Statutes, 39-22-303.6, repeal
(12) as follows:
39-22-303.6. Market-based apportionment of the income of a
taxpayer engaged in business -allocation of nonapportionable income
PAGE 18-HOUSE BILL 26-1295
-rules -definitions.
(12) On or befute January 1, 2024, the director of the office of
economic development shall pt epat e a t eport desct ibing the economic
impacts t elated to apportionment and allocation of taxable income pm suant
to this section and deli vet the t eport to the finance committees of the senate
and house of representatives, or any successor conrnrittees.
SECTION 29. In Colorado Revised Statutes, 39-30-103, repeal (5)
as follows:
39-30-103. Zones established - annual documentation - review
-termination -annual report -definitions.
(5) No later than Match 1, 1997, the Colorado economic
development commission created in section 24-46-102, C.R.S., shall report
to the gov ernot and the general assembly the t esults of a eompetiti v e
benchmat king study, pet fut med by a pt iv ate consultant with experience in
evaluation of state business assistance programs in multiple states,
compat ing Color ado's business climate, as it affects the t etention and
growth of basic employers and their investment, with the business climate
of other states. In addition, the stttdy shall assess long tettn economic
development stt ategies, including but not limited to encottt aging pt imary
job creation tmoughout Colmado. Along with the report, the commission
shall pm v ide the governor and the general assembly its t ecommendations
fot additional study or modifications to Co lot ado's public policy concet ning
the state's business climate and its t ecommendations concerning specific
business development and job creation objectives that should be used as
minimum: requirements m standards fut ftttme designation of enterprise
zones or portions of entetpt ise zones consistent with statewide economic
development targets and objectives.
SECTION 30. In Colorado Revised Statutes, 42-3-102, repeal
(4)(e) as follows:
42-3-102. Periodic registration -rules.
( 4) ( e) The department shall issue a t eport to the transportation
legislation review committee created in section 43-2-145, C.R.S., by July
1, 2014, detailing the number of trailers and semitrailers registered under
PAGE 19-HOUSE BILL 26-1295
paragraphs (a) attd (b) of this subsection (4) and making recommendations
as to the cost-effectiveness of the permanent registration.
SECTION 31. In Colorado Revised Statutes, repeal 10-16-124.7,
10-16-124.8, 22-2-505, 22-13-204, 24-32-131, 24-38.5-107, 24-71.7-101,
25.5-1-132, 25.5-4-430, 27-60-115, 39-26-128, and 39-27-123.
SECTION 32. In Colorado Revised Statutes, 26-5-101, repeal ( 5 .8)
as follows:
26-5-101. Definitions.
As used in this article 5, unless the context otherwise requires:
(5.8) "Steering committee" means the f-ormer f-oster care youth
steering committee established pursuant to section 26-5-114.
SECTION 33. In Colorado Revised Statutes, 33-1-112.5, amend
(l)(c)(I)(B) as follows:
33-1-112.5. Backcountry search and rescue fund.
( 1) ( c) Money in the fund is continuously appropriated to the
department for use by the division as follows:
(I) The division may use money credited to the fund pursuant to
subsection (9) of this section and section 33-12-108 (4)(e)(I)(B), and any
other money that the general assembly may appropriate or transfer to the
fund to:
(B) Support the needs of backcountry search and rescue activities
in accordance with the recommendations of the study completed pursuant
to section 33-10-116 AS IT EXISTED PRIOR TO ITS REPEAL IN 2026; and
SECTION 34. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
PAGE 20-HOUSE BILL 26-1295
such period, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
Jul~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~ .
Vanessa Reilly ~
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
Jared S.
GOVE
PAGE 21-HOUSE BILL 26-1295
James Rashad Coleman Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
E ST A TE OF COLORADO