Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0394.01 Kristen Forrestal x4217
HOUSE BILL 22-1230
House Committees Senate Committees
Business Affairs & Labor
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE EMPLOYMENT SUPPORT AND JOB RETENTION101
SERVICES
PROGRAM, AND, IN CONNECTION THEREWITH , MAKING102
AN APPROPRIATION.103
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
HOUSE
Amended 2nd Reading
May 3, 2022
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. organizations, food banks, outreach providers, and local
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
1230-2- implementation in January 2020;1
(d) Ninety-three percent of service providers participating in the2
program reported the program had a high, or extremely high, impact on3
the long-term success of eligible participants, indicating administrative4
efficacy and efficiency;5
(e) With memorandums of understanding signed with service6
providers representing 60 of Colorado's 64 counties, the program is truly7
statewide and has helped both rural and urban Coloradans, women,8
people of color, veterans, and others, and the modifications contained in9
this legislation will enable the program to serve a broader range of10
Coloradans, including those in marginalized communities;11
(f) Because of the COVID-19 pandemic recovery efforts, demand12
for the program is high, with funds expected to be exhausted in early13
2022; and14
(g) Reauthorization of the program beyond its scheduled repeal in15
September 2022 is consistent with the state's goal of building back the16
economy stronger than it was before by:17
(I) Supporting all Coloradans by providing access to skills training18
and credentialing to help them obtain economic security; and19
(II) Helping businesses facing a uniquely challenging labor market20
find the employees they need to thrive.21
SECTION 2. In Colorado Revised Statutes, 8-83-401, amend (5)22
as follows:23
8-83-401. Definitions. As used in this part 4, unless the context24
otherwise requires:25
(5) "Service provider" means a public agency or nonprofit26
community organization that provides employment, employment27
1230
-3- preparation, EMPLOYMENT TRAINING , EDUCATION, and job retention1
services to eligible individuals pursuant to a memorandum of2
understanding with the administering entity. "S
ERVICE PROVIDER"3
INCLUDES FAITH-BASED ORGANIZATIONS AND CHURCHES , COMMUNITY4
CENTERS, NEIGHBORHOOD OR GANIZATIONS , FOOD BANKS, OUTREACH5
PROVIDERS, AND SIMILAR LOCAL ENTITIES THAT PROVIDE SERVICES TO6
MEMBERS OF THE COMMUNITY .7
SECTION 3. In Colorado Revised Statutes, 8-83-404, amend8
(1)(d), (4)(a), (5)(b) introductory portion, (5)(b)(I), (5)(b)(V), and9
(5)(b)(XIII); and add (6) as follows:10
8-83-404. Administration of the program. (1) The11
administering entity shall:12
(d) Ensure the fiscal responsibility of the program in compliance
13
CONJUNCTION with the director;14
(4) Notwithstanding any other federal or state law, in order to be15
eligible to receive services for which a service provider may be16
reimbursed under the program, an individual must:17
(a) (I) Have a household income at or below the federal poverty18
line;
OR19
(II) I
F EMPLOYED:20
(A) H
AVE BEEN EMPLOYED FOR SIX MONTHS OR LESS BEFORE THE21
DATE UPON WHICH ASSISTANCE IS REQUESTED ; AND22
(B) W
ITHIN NINETY DAYS BEFORE THE EMPLOYMENT START DATE ,23
HAVE HAD A HOUSEHOLD INCOME AT OR BELOW THE FEDERAL POVERTY24
LINE.25
(5) (b) Employment support,
TRAINING, EDUCATION, and job26
retention services that are eligible for reimbursement include:27
1230
-4- (I) COSTS RELATED TO transportation, or vehicle UPKEEP AND1
OPERATION, AND PARKING;2
(V) Work tools and equipment,
INCLUDING COMPUTERS, DIGITAL3
DEVICES, AND COSTS ASSOCIATED WITH INTERNET CONNECTIVITY ;4
(XIII) Other expenses as they pertain to employment preparation,5
job training, employment pursuit,
EDUCATION, or job retention services6
as determined by the director.7
(6) N
OTWITHSTANDING ANY OTHER LAW TO THE CONTRARY , THE8
SELECTION OF, AND PAYMENTS TO, SERVICE PROVIDERS FOR SERVICES9
PURSUANT TO THE PROGRAM ARE NOT SUBJECT TO THE "PROCUREMENT10
C
ODE", ARTICLES 101 TO 112 OF TITLE 24.11
SECTION 4. In Colorado Revised Statutes, 8-83-405, amend (2)12
as follows:13
8-83-405. Reports required. (2) On or before December 1, 2021,
14
B
EGINNING IN JANUARY 2023, the division shall report
PROVIDE to the15
business, labor, and technology committee of the senate and the business16
affairs and labor committee of the house of representatives, or their17
successor committees, a comprehensive analysis AN UPDATE concerning18
the efficacy of the program
DURING THE DEPARTMENT'S PRESENTATION AT19
HEARINGS HELD PURSUANT TO THE "STATE MEASUREMENT FOR20
A
CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)21
G
OVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.22
SECTION 5. In Colorado Revised Statutes, 8-83-406, amend23
(1)(a) and (3) as follows:24
8-83-406. Employment support and job retention services25
program cash fund - created. (1) (a) The employment support and job26
retention services program cash fund, referred to in this section as the27
1230
-5- "fund", is hereby created in the state treasury. For the 2019-20 state fiscal1
year, the general assembly shall appropriate seven hundred fifty thousand2
dollars from the general fund to the fund. F
OR THE 2022-23 STATE FISCAL3
YEAR AND EACH FISCAL YEAR THEREAFTER , THE GENERAL ASSEMBLY4
SHALL APPROPRIATE
TWO HUNDRED FIFTY THOUSAND DOLLARS FROM THE5
GENERAL FUND TO THE FUND . ANY MONEY REMAINING IN THE FUND AT6
THE END OF A FISCAL YEAR REMAINS IN THE FUND AND DOES NOT REVERT7
TO THE GENERAL FUND OR ANY OTHER FUND .8
9
(3) The division may use the money in the fund for the purposes10
of this part 4, including administrative costs related to the program. The11
administering entity may use money in the fund to operate the program.12
The remainder of the money may be used only for reimbursements made13
pursuant to section 8-83-404. The director or the director's designee may14
expend money from the fund for the purposes of this part 4.15
SECTION 6. In Colorado Revised Statutes, amend 8-83-407 as16
follows:17
8-83-407. Repeal of part. This part 4 is repealed, effective18
September 30, 2022 SEPTEMBER 1, 2029.19
SECTION 7. Appropriation. (1) For the 2022-23 state fiscal20
year, $250,000 is appropriated to the employment support and job21
retention services program cash fund created in section 8-83-406 (1)(a),22
C.R.S. This appropriation is from the general fund. The department of23
labor and employment is responsible for the accounting related to this24
appropriation. 25
(2) For the 2022-23 state fiscal year, $250,000 is appropriated to26
the department of labor and employment for use by the division of27
1230
-6- employment and training. This appropriation is from reappropriated funds1
in the employment support and job retention services program cash fund2
under subsection (1) of this section. To implement this act, the3
department may use the appropriation for employment support and job4
retention services.5
SECTION 8. Effective date. This act takes effect July 1, 2022.6
SECTION 9. Safety clause. The general assembly hereby finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety.9
1230
-7-