Second Regular Session Seventy-third General Assembly STATE OF COLORADO INTRODUCED LLS NO. 22-0394.01 Kristen Forrestal x4217 HOUSE BILL 22-1230 House Committees Senate Committees Business Affairs & Labor A BILL FOR AN ACT C ONCERNING THE EMPLOYMENT SUPPORT AND JOB RETENTION101 SERVICES PROGRAM .102 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill: ! Expands the definition of "service provider" in the "Employment Support and Job Retention Services Program" (program) to include faith-based organizations and churches, community centers, neighborhood organizations, food banks, outreach providers, and local HOUSE SPONSORSHIP Duran and Exum, SENATE SPONSORSHIP Fields and Priola, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. entities that provide employment services to community members; ! Modifies the eligibility criteria for receiving services and the list of reimbursable services under the program; ! Appropriates $500,000 annually to the employment support and job retention services program cash fund (fund) and removes the requirement that the money be subject to annual appropriations and instead continuously appropriates the money in the fund; ! Repeals the current repeal date on the program and extends the program indefinitely; and ! Modifies the current reporting requirements to require the division of employment and training in the department of labor and employment to report on the efficacy of the program during the department's presentations at the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 hereby finds and declares that:3 (a) Employment support and job retention services are critical for4 individuals pursuing skills and employment training to successfully attain5 and retain an employment opportunity;6 (b) The employment support and job retention services program7 (program) has served as a lifeline for many Coloradans seeking8 employment during the COVID-19 pandemic-induced economic9 downturn and subsequent recovery, complementing the efforts of both the10 state and federal governments to help the economy build back stronger11 than it was before the pandemic;12 (c) At an average cost of just over $293 per eligible participant,13 the program has served nearly 1,400 Colorado job seekers and newly14 employed individuals pursuing an employment goal since its15 implementation in January 2020;16 HB22-1230-2- (d) Ninety-three percent of service providers participating in the1 program reported the program had a high, or extremely high, impact on2 the long-term success of eligible participants, indicating administrative3 efficacy and efficiency;4 (e) With memorandums of understanding signed with service5 providers representing 60 of Colorado's 64 counties, the program is truly6 statewide and has helped both rural and urban Coloradans, women,7 people of color, veterans, and others, and the modifications contained in8 this legislation will enable the program to serve a broader range of9 Coloradans, including those in marginalized communities;10 (f) Because of the COVID-19 pandemic recovery efforts, demand11 for the program is high, with funds expected to be exhausted in early12 2022; and13 (g) Reauthorization of the program beyond its scheduled repeal in14 September 2022 is consistent with the state's goal of building back the15 economy stronger than it was before by:16 (I) Supporting all Coloradans by providing access to skills training17 and credentialing to help them obtain economic security; and18 (II) Helping businesses facing a uniquely challenging labor market19 find the employees they need to thrive.20 SECTION 2. In Colorado Revised Statutes, 8-83-401, amend (5)21 as follows:22 8-83-401. Definitions. As used in this part 4, unless the context23 otherwise requires:24 (5) "Service provider" means a public agency or nonprofit25 community organization that provides employment, employment26 preparation, EMPLOYMENT TRAINING , EDUCATION, and job retention27 HB22-1230 -3- services to eligible individuals pursuant to a memorandum of1 understanding with the administering entity. "S ERVICE PROVIDER"2 INCLUDES FAITH-BASED ORGANIZATIONS AND CHURCHES , COMMUNITY3 CENTERS, NEIGHBORHOOD ORGANIZATIONS , FOOD BANKS, OUTREACH4 PROVIDERS, AND SIMILAR LOCAL ENTITIES THAT PROVIDE SERVICES TO5 MEMBERS OF THE COMMUNITY .6 SECTION 3. In Colorado Revised Statutes, 8-83-404, amend7 (1)(d), (4)(a), (5)(b) introductory portion, (5)(b)(I), (5)(b)(V), and8 (5)(b)(XIII); and add (6) as follows:9 8-83-404. Administration of the program. (1) The10 administering entity shall:11 (d) Ensure the fiscal responsibility of the program in compliance 12 CONJUNCTION with the director;13 (4) Notwithstanding any other federal or state law, in order to be14 eligible to receive services for which a service provider may be15 reimbursed under the program, an individual must:16 (a) (I) Have a household income at or below the federal poverty17 line; OR18 (II) I F EMPLOYED:19 (A) H AVE BEEN EMPLOYED FOR SIX MONTHS OR LESS BEFORE THE20 DATE UPON WHICH ASSISTANCE IS REQUESTED ; AND21 (B) W ITHIN NINETY DAYS BEFORE THE EMPLOYMENT START DATE ,22 HAVE HAD A HOUSEHOLD INCOME AT OR BELOW THE FEDERAL POVERTY23 LINE.24 (5) (b) Employment support, TRAINING, EDUCATION, and job25 retention services that are eligible for reimbursement include:26 (I) C OSTS RELATED TO transportation, or vehicle UPKEEP AND27 HB22-1230 -4- OPERATION, AND PARKING;1 (V) Work tools and equipment, INCLUDING COMPUTERS, DIGITAL2 DEVICES, AND COSTS ASSOCIATED WITH INTERNET CONNECTIVITY ;3 (XIII) Other expenses as they pertain to employment preparation,4 job training, employment pursuit, EDUCATION, or job retention services5 as determined by the director.6 (6) N OTWITHSTANDING ANY OTHER LAW TO THE CONTRARY , THE7 SELECTION OF, AND PAYMENTS TO, SERVICE PROVIDERS FOR SERVICES8 PURSUANT TO THE PROGRAM ARE NOT SUBJECT TO THE "PROCUREMENT9 C ODE", ARTICLES 101 TO 112 OF TITLE 24.10 SECTION 4. In Colorado Revised Statutes, 8-83-405, amend (2)11 as follows:12 8-83-405. Reports required. (2) On or before December 1, 2021, 13 B EGINNING IN JANUARY 2023, the division shall report PROVIDE to the14 business, labor, and technology committee of the senate and the business15 affairs and labor committee of the house of representatives, or their16 successor committees, a comprehensive analysis AN UPDATE concerning17 the efficacy of the program DURING THE DEPARTMENT'S PRESENTATION AT18 HEARINGS HELD PURSUANT TO THE "STATE MEASUREMENT FOR19 A CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)20 G OVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.21 SECTION 5. In Colorado Revised Statutes, 8-83-406, amend22 (1)(a), (1)(c), and (3) as follows:23 8-83-406. Employment support and job retention services24 program cash fund - created. (1) (a) The employment support and job25 retention services program cash fund, referred to in this section as the26 "fund", is hereby created in the state treasury. For the 2019-20 state fiscal27 HB22-1230 -5- year, the general assembly shall appropriate seven hundred fifty thousand1 dollars from the general fund to the fund. F OR THE 2022-23 STATE FISCAL2 YEAR AND EACH FISCAL YEAR THEREAFTER , THE GENERAL ASSEMBLY3 SHALL APPROPRIATE FIVE HUNDRED THOUSAND DOLLARS FROM THE4 GENERAL FUND TO THE FUND . ANY MONEY REMAINING IN THE FUND AT5 THE END OF A FISCAL YEAR REMAINS IN THE FUND AND DOES NOT REVERT6 TO THE GENERAL FUND OR ANY OTHER FUND .7 (c) Money in the fund is subject to annual appropriation by the 8 general assembly CONTINUOUSLY APPROPRIATED to the department for the9 purposes of this part 4. to the extent that in each fiscal year the general10 assembly may only appropriate up to two hundred fifty thousand dollars11 plus any unexpended money and interest accrued from the previous fiscal12 year.13 (3) The division may use the money in the fund for the purposes14 of this part 4, including administrative costs related to the program. The15 administering entity may use money in the fund to operate the program.16 The remainder of the money may be used only for reimbursements made17 pursuant to section 8-83-404. The director or the director's designee may18 expend money from the fund for the purposes of this part 4.19 SECTION 6. In Colorado Revised Statutes, repeal 8-83-407 as20 follows:21 8-83-407. Repeal of part. This part 4 is repealed, effective22 September 30, 2022.23 SECTION 7. Effective date. This act takes effect July 1, 2022.24 SECTION 8. Safety clause. The general assembly hereby finds,25 determines, and declares that this act is necessary for the immediate26 preservation of the public peace, health, or safety.27 HB22-1230 -6-