Colorado 2022 Regular Session

Colorado House Bill HB1230 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 22-0394.01 Kristen Forrestal x4217
1	8		HOUSE BILL 22-1230
2		-	BY REPRESENTATIVE(S) Duran and Exum, Amabile, Bacon, Benavidez,
3		-	Bird, Boesenecker, Caraveo, Cutter, Daugherty, Esgar, Froelich, Herod,
4		-	Hooton, Jodeh, Lindsay, Lontine, McCluskie, Michaelson Jenet, Mullica,
5		-	Sirota, Titone, Valdez D., Woodrow, Young, Garnett;
6		-	also SENATOR(S) Fields and Priola, Bridges, Jaquez Lewis, Lee,
7		-	Pettersen, Story, Winter.
	9	+	House Committees Senate Committees
	10	+	Business Affairs & Labor Appropriations
	11	+	Appropriations
	12	+	A BILL FOR AN ACT
8	13		C
9		-	ONCERNING THE EMPLOYMENT SUPPORT AND JOB RETENTION SERVICES
10		-	PROGRAM
11		-	, AND, IN CONNECTION THEREWITH , MAKING AN
12		-	APPROPRIATION
13		-	.
14		-
15		-	Be it enacted by the General Assembly of the State of Colorado:
16		-	SECTION 1. Legislative declaration. (1) The general assembly
17		-	hereby finds and declares that:
18		-	(a) Employment support and job retention services are critical for
19		-	individuals pursuing skills and employment training to successfully attain
20		-	and retain an employment opportunity;
21		-	(b) The employment support and job retention services program
22		-	(program) has served as a lifeline for many Coloradans seeking employment
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. during the COVID-19 pandemic-induced economic downturn and
31		-	subsequent recovery, complementing the efforts of both the state and
32		-	federal governments to help the economy build back stronger than it was
33		-	before the pandemic;
34		-	(c) At an average cost of just over $293 per eligible participant, the
35		-	program has served nearly 1,400 Colorado job seekers and newly employed
36		-	individuals pursuing an employment goal since its implementation in
37		-	January 2020;
38		-	(d) Ninety-three percent of service providers participating in the
39		-	program reported the program had a high, or extremely high, impact on the
40		-	long-term success of eligible participants, indicating administrative efficacy
41		-	and efficiency;
42		-	(e) With memorandums of understanding signed with service
43		-	providers representing 60 of Colorado's 64 counties, the program is truly
44		-	statewide and has helped both rural and urban Coloradans, women, people
45		-	of color, veterans, and others, and the modifications contained in this
46		-	legislation will enable the program to serve a broader range of Coloradans,
47		-	including those in marginalized communities;
48		-	(f) Because of the COVID-19 pandemic recovery efforts, demand
49		-	for the program is high, with funds expected to be exhausted in early 2022;
50		-	and
51		-	(g) Reauthorization of the program beyond its scheduled repeal in
52		-	September 2022 is consistent with the state's goal of building back the
53		-	economy stronger than it was before by:
54		-	(I) Supporting all Coloradans by providing access to skills training
55		-	and credentialing to help them obtain economic security; and
56		-	(II) Helping businesses facing a uniquely challenging labor market
57		-	find the employees they need to thrive.
58		-	SECTION 2. In Colorado Revised Statutes, 8-83-401, amend (5)
59		-	as follows:
60		-	8-83-401. Definitions. As used in this part 4, unless the context
61		-	PAGE 2-HOUSE BILL 22-1230 otherwise requires:
62		-	(5) "Service provider" means a public agency or nonprofit
63		-	community organization that provides employment, employment
64		-	preparation,
65		-	EMPLOYMENT TRAINING, EDUCATION, and job retention services
66		-	to eligible individuals pursuant to a memorandum of understanding with the
67		-	administering entity. "S
68		-	ERVICE PROVIDER" INCLUDES FAITH-BASED
69		-	ORGANIZATIONS AND CHURCHES
70		-	, COMMUNITY CENTERS, NEIGHBORHOOD
71		-	ORGANIZATIONS
72		-	, FOOD BANKS, OUTREACH PROVIDERS, AND SIMILAR LOCAL
73		-	ENTITIES THAT PROVIDE SERVICES TO MEMBERS OF THE COMMUNITY
74		-	.
75		-	SECTION 3. In Colorado Revised Statutes, 8-83-404, amend
76		-	(1)(d), (4)(a), (5)(b) introductory portion, (5)(b)(I), (5)(b)(V), and
77		-	(5)(b)(XIII); and add (6) as follows:
78		-	8-83-404. Administration of the program. (1) The administering
79		-	entity shall:
	14	+	ONCERNING THE EMPLOYMENT SUPPORT AND JOB RETENTION101
	15	+	SERVICES
	16	+	PROGRAM, AND, IN CONNECTION THEREWITH , MAKING102
	17	+	AN APPROPRIATION.103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	The bill:
	26	+	! Expands the definition of "service provider" in the
	27	+	"Employment Support and Job Retention Services
	28	+	Program" (program) to include faith-based organizations
	29	+	and churches, community centers, neighborhood
	30	+	SENATE
	31	+	2nd Reading Unamended
	32	+	May 10, 2022
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	May 4, 2022
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	May 3, 2022
	39	+	HOUSE SPONSORSHIP
	40	+	Duran and Exum, Amabile, Bacon, Benavidez, Bird, Boesenecker, Caraveo, Cutter,
	41	+	Daugherty, Esgar, Froelich, Garnett, Herod, Hooton, Jodeh, Lindsay, Lontine, McCluskie,
	42	+	Michaelson Jenet, Mullica, Sirota, Titone, Valdez D., Woodrow, Young
	43	+	SENATE SPONSORSHIP
	44	+	Fields and Priola,
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	47	+	Dashes through the words indicate deletions from existing statute. organizations, food banks, outreach providers, and local
	48	+	entities that provide employment services to community
	49	+	members;
	50	+	! Modifies the eligibility criteria for receiving services and
	51	+	the list of reimbursable services under the program;
	52	+	! Appropriates $500,000 annually to the employment support
	53	+	and job retention services program cash fund (fund) and
	54	+	removes the requirement that the money be subject to
	55	+	annual appropriations and instead continuously
	56	+	appropriates the money in the fund;
	57	+	! Repeals the current repeal date on the program and extends
	58	+	the program indefinitely; and
	59	+	! Modifies the current reporting requirements to require the
	60	+	division of employment and training in the department of
	61	+	labor and employment to report on the efficacy of the
	62	+	program during the department's presentations at the "State
	63	+	Measurement for Accountable, Responsive, and
	64	+	Transparent (SMART) Government Act" hearings.
	65	+	Be it enacted by the General Assembly of the State of Colorado:1
	66	+	SECTION 1. Legislative declaration. (1) The general assembly2
	67	+	hereby finds and declares that:3
	68	+	(a) Employment support and job retention services are critical for4
	69	+	individuals pursuing skills and employment training to successfully attain5
	70	+	and retain an employment opportunity;6
	71	+	(b) The employment support and job retention services program7
	72	+	(program) has served as a lifeline for many Coloradans seeking8
	73	+	employment during the COVID-19 pandemic-induced economic9
	74	+	downturn and subsequent recovery, complementing the efforts of both the10
	75	+	state and federal governments to help the economy build back stronger11
	76	+	than it was before the pandemic;12
	77	+	(c) At an average cost of just over $293 per eligible participant,13
	78	+	the program has served nearly 1,400 Colorado job seekers and newly14
	79	+	employed individuals pursuing an employment goal since its15
	80	+	1230-2- implementation in January 2020;1
	81	+	(d) Ninety-three percent of service providers participating in the2
	82	+	program reported the program had a high, or extremely high, impact on3
	83	+	the long-term success of eligible participants, indicating administrative4
	84	+	efficacy and efficiency;5
	85	+	(e) With memorandums of understanding signed with service6
	86	+	providers representing 60 of Colorado's 64 counties, the program is truly7
	87	+	statewide and has helped both rural and urban Coloradans, women,8
	88	+	people of color, veterans, and others, and the modifications contained in9
	89	+	this legislation will enable the program to serve a broader range of10
	90	+	Coloradans, including those in marginalized communities;11
	91	+	(f) Because of the COVID-19 pandemic recovery efforts, demand12
	92	+	for the program is high, with funds expected to be exhausted in early13
	93	+	2022; and14
	94	+	(g) Reauthorization of the program beyond its scheduled repeal in15
	95	+	September 2022 is consistent with the state's goal of building back the16
	96	+	economy stronger than it was before by:17
	97	+	(I) Supporting all Coloradans by providing access to skills training18
	98	+	and credentialing to help them obtain economic security; and19
	99	+	(II) Helping businesses facing a uniquely challenging labor market20
	100	+	find the employees they need to thrive.21
	101	+	SECTION 2. In Colorado Revised Statutes, 8-83-401, amend (5)22
	102	+	as follows:23
	103	+	8-83-401. Definitions. As used in this part 4, unless the context24
	104	+	otherwise requires:25
	105	+	(5) "Service provider" means a public agency or nonprofit26
	106	+	community organization that provides employment, employment27
	107	+	1230
	108	+	-3- preparation, EMPLOYMENT TRAINING , EDUCATION, and job retention1
	109	+	services to eligible individuals pursuant to a memorandum of2
	110	+	understanding with the administering entity. "S
	111	+	ERVICE PROVIDER"3
	112	+	INCLUDES FAITH-BASED ORGANIZATIONS AND CHURCHES , COMMUNITY4
	113	+	CENTERS, NEIGHBORHOOD OR GANIZATIONS , FOOD BANKS, OUTREACH5
	114	+	PROVIDERS, AND SIMILAR LOCAL ENTITIES THAT PROVIDE SERVICES TO6
	115	+	MEMBERS OF THE COMMUNITY .7
	116	+	SECTION 3. In Colorado Revised Statutes, 8-83-404, amend8
	117	+	(1)(d), (4)(a), (5)(b) introductory portion, (5)(b)(I), (5)(b)(V), and9
	118	+	(5)(b)(XIII); and add (6) as follows:10
	119	+	8-83-404. Administration of the program. (1) The11
	120	+	administering entity shall:12
80	121		(d) Ensure the fiscal responsibility of the program in compliance
81		-	CONJUNCTION with the director;
82		-	(4) Notwithstanding any other federal or state law, in order to be
83		-	eligible to receive services for which a service provider may be reimbursed
84		-	under the program, an individual must:
85		-	(a) (I) Have a household income at or below the federal poverty line;
86		-	OR
87		-	(II) IF EMPLOYED:
	122	+	13
	123	+	CONJUNCTION with the director;14
	124	+	(4) Notwithstanding any other federal or state law, in order to be15
	125	+	eligible to receive services for which a service provider may be16
	126	+	reimbursed under the program, an individual must:17
	127	+	(a) (I) Have a household income at or below the federal poverty18
	128	+	line;
	129	+	OR19
	130	+	(II) I
	131	+	F EMPLOYED:20
88	132		(A) H
89		-	AVE BEEN EMPLOYED FOR SIX MONTHS OR LESS BEFORE THE
90		-	DATE UPON WHICH ASSISTANCE IS REQUESTED
91		-	; AND
92		-	(B) WITHIN NINETY DAYS BEFORE THE EMPLOYMENT START DATE ,
93		-	HAVE HAD A HOUSEHOLD INCOME AT OR BELOW THE FEDERAL POVERTY LINE .
	133	+	AVE BEEN EMPLOYED FOR SIX MONTHS OR LESS BEFORE THE21
	134	+	DATE UPON WHICH ASSISTANCE IS REQUESTED ; AND22
	135	+	(B) W
	136	+	ITHIN NINETY DAYS BEFORE THE EMPLOYMENT START DATE ,23
	137	+	HAVE HAD A HOUSEHOLD INCOME AT OR BELOW THE FEDERAL POVERTY24
	138	+	LINE.25
94	139		(5) (b) Employment support,
95		-	TRAINING, EDUCATION, and job
96		-	retention services that are eligible for reimbursement include:
97		-	(I) C
98		-	OSTS RELATED TO transportation, or
99		-	vehicle UPKEEP AND
100		-	PAGE 3-HOUSE BILL 22-1230 OPERATION, AND PARKING;
	140	+	TRAINING, EDUCATION, and job26
	141	+	retention services that are eligible for reimbursement include:27
	142	+	1230
	143	+	-4- (I) COSTS RELATED TO transportation, or vehicle UPKEEP AND1
	144	+	OPERATION, AND PARKING;2
101	145		(V) Work tools and equipment,
102		-	INCLUDING COMPUTERS, DIGITAL
103		-	DEVICES
104		-	, AND COSTS ASSOCIATED WITH INTERNET CONNECTIVITY ;
105		-	(XIII) Other expenses as they pertain to employment preparation,
	146	+	INCLUDING COMPUTERS, DIGITAL3
	147	+	DEVICES, AND COSTS ASSOCIATED WITH INTERNET CONNECTIVITY ;4
	148	+	(XIII) Other expenses as they pertain to employment preparation,5
106	149		job training, employment pursuit,
107		-	EDUCATION, or job retention ~~services as~~
108		-	determined by the director.
	150	+	EDUCATION, or job retention services6
	151	+	as determined by the director.7
109	152		(6) N
110		-	OTWITHSTANDING ANY OTHER LAW TO THE CONTRARY , THE
111		-	SELECTION OF
112		-	, AND PAYMENTS TO , SERVICE PROVIDERS FOR SERVICES
113		-	PURSUANT TO THE PROGRAM ARE NOT SUBJECT TO THE
114		-	"PROCUREMENT
115		-	CODE", ARTICLES 101 TO 112 OF TITLE 24.
116		-	SECTION 4. In Colorado Revised Statutes, 8-83-405, amend (2)
117		-	as follows:
	153	+	OTWITHSTANDING ANY OTHER LAW TO THE CONTRARY , THE8
	154	+	SELECTION OF, AND PAYMENTS TO, SERVICE PROVIDERS FOR SERVICES9
	155	+	PURSUANT TO THE PROGRAM ARE NOT SUBJECT TO THE "PROCUREMENT10
	156	+	C
	157	+	ODE", ARTICLES 101 TO 112 OF TITLE 24.11
	158	+	SECTION 4. In Colorado Revised Statutes, 8-83-405, amend (2)12
	159	+	as follows:13
118	160		8-83-405. Reports required. (2) On or before December 1, 2021,
119		-	BEGINNING IN JANUARY 2023, the division shall report PROVIDE to the
120		-	business, labor, and technology committee of the senate and the business
121		-	affairs and labor committee of the house of representatives, or their
122		-	successor committees, a comprehensive analysis
123		-	AN UPDATE concerning the
124		-	efficacy of the program
125		-	DURING THE DEPARTMENT 'S PRESENTATION AT
126		-	HEARINGS HELD PURSUANT TO THE
127		-	"STATE MEASUREMENT FOR
128		-	ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT
129		-	ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
130		-	SECTION 5. In Colorado Revised Statutes, 8-83-406, amend (1)(a)
131		-	and (3) as follows:
132		-	8-83-406. Employment support and job retention services
133		-	program cash fund - created. (1) (a) The employment support and job
134		-	retention services program cash fund, referred to in this section as the
135		-	"fund", is hereby created in the state treasury. For the 2019-20 state fiscal
136		-	year, the general assembly shall appropriate seven hundred fifty thousand
	161	+	14
	162	+	B
	163	+	EGINNING IN JANUARY 2023, the division shall report
	164	+	PROVIDE to the15
	165	+	business, labor, and technology committee of the senate and the business16
	166	+	affairs and labor committee of the house of representatives, or their17
	167	+	successor committees, a comprehensive analysis AN UPDATE concerning18
	168	+	the efficacy of the program
	169	+	DURING THE DEPARTMENT'S PRESENTATION AT19
	170	+	HEARINGS HELD PURSUANT TO THE "STATE MEASUREMENT FOR20
	171	+	A
	172	+	CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)21
	173	+	G
	174	+	OVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.22
	175	+	SECTION 5. In Colorado Revised Statutes, 8-83-406, amend23
	176	+	(1)(a) and (3) as follows:24
	177	+	8-83-406. Employment support and job retention services25
	178	+	program cash fund - created. (1) (a) The employment support and job26
	179	+	retention services program cash fund, referred to in this section as the27
	180	+	1230
	181	+	-5- "fund", is hereby created in the state treasury. For the 2019-20 state fiscal1
	182	+	year, the general assembly shall appropriate seven hundred fifty thousand2
137	183		dollars from the general fund to the fund. F
138		-	OR THE 2022-23 STATE FISCAL
139		-	YEAR AND EACH FISCAL YEAR THEREAFTER
140		-	, THE GENERAL ASSEMBLY SHALL
141		-	APPROPRIATE TWO HUNDRED FIFTY THOUSAND DOLLARS FROM THE GENERAL
142		-	FUND TO THE FUND
143		-	. ANY MONEY REMAINING IN THE FUND AT THE END OF A
144		-	FISCAL YEAR REMAINS IN THE FUND AND DOES NOT REVERT TO THE GENERAL
145		-	PAGE 4-HOUSE BILL 22-1230 FUND OR ANY OTHER FUND.
146		-	(3) The division may use the money in the fund for the purposes of
147		-	this part 4, including administrative costs related to the program. The
148		-	administering entity may use money in the fund to operate the program. The
149		-	remainder of the money may be used only for reimbursements made
150		-	pursuant to section 8-83-404. The director or the director's designee may
151		-	expend money from the fund for the purposes of this part 4.
152		-	SECTION 6. In Colorado Revised Statutes, amend 8-83-407 as
153		-	follows:
154		-	8-83-407. Repeal of part. This part 4 is repealed, effective
155		-	September 30, 2022 SEPTEMBER 1, 2029.
156		-	SECTION 7. Appropriation. (1) For the 2022-23 state fiscal year,
157		-	$250,000 is appropriated to the employment support and job retention
158		-	services program cash fund created in section 8-83-406 (1)(a), C.R.S. This
159		-	appropriation is from the general fund. The department of labor and
160		-	employment is responsible for the accounting related to this appropriation.
161		-	(2) For the 2022-23 state fiscal year, $250,000 is appropriated to the
162		-	department of labor and employment for use by the division of employment
163		-	and training. This appropriation is from reappropriated funds in the
164		-	employment support and job retention services program cash fund under
165		-	subsection (1) of this section. To implement this act, the department may
166		-	use the appropriation for employment support and job retention services.
167		-	SECTION 8. Effective date. This act takes effect July 1, 2022.
168		-	SECTION 9. Safety clause. The general assembly hereby finds,
169		-	PAGE 5-HOUSE BILL 22-1230 determines, and declares that this act is necessary for the immediate
170		-	preservation of the public peace, health, or safety.
171		-	____________________________ ____________________________
172		-	Alec Garnett Steve Fenberg
173		-	SPEAKER OF THE HOUSE PRESIDENT OF
174		-	OF REPRESENTATIVES THE SENATE
175		-	____________________________ ____________________________
176		-	Robin Jones Cindi L. Markwell
177		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
178		-	OF REPRESENTATIVES THE SENATE
179		-	APPROVED________________________________________
180		-	(Date and Time)
181		-	_________________________________________
182		-	Jared S. Polis
183		-	GOVERNOR OF THE STATE OF COLORADO
184		-	PAGE 6-HOUSE BILL 22-1230
	184	+	OR THE 2022-23 STATE FISCAL3
	185	+	YEAR AND EACH FISCAL YEAR THEREAFTER , THE GENERAL ASSEMBLY4
	186	+	SHALL APPROPRIATE
	187	+	TWO HUNDRED FIFTY THOUSAND DOLLARS FROM THE5
	188	+	GENERAL FUND TO THE FUND . ANY MONEY REMAINING IN THE FUND AT6
	189	+	THE END OF A FISCAL YEAR REMAINS IN THE FUND AND DOES NOT REVERT7
	190	+	TO THE GENERAL FUND OR ANY OTHER FUND .8
	191	+	9
	192	+	(3) The division may use the money in the fund for the purposes10
	193	+	of this part 4, including administrative costs related to the program. The11
	194	+	administering entity may use money in the fund to operate the program.12
	195	+	The remainder of the money may be used only for reimbursements made13
	196	+	pursuant to section 8-83-404. The director or the director's designee may14
	197	+	expend money from the fund for the purposes of this part 4.15
	198	+	SECTION 6. In Colorado Revised Statutes, amend 8-83-407 as16
	199	+	follows:17
	200	+	8-83-407. Repeal of part. This part 4 is repealed, effective18
	201	+	September 30, 2022 SEPTEMBER 1, 2029.19
	202	+	SECTION 7. Appropriation. (1) For the 2022-23 state fiscal20
	203	+	year, $250,000 is appropriated to the employment support and job21
	204	+	retention services program cash fund created in section 8-83-406 (1)(a),22
	205	+	C.R.S. This appropriation is from the general fund. The department of23
	206	+	labor and employment is responsible for the accounting related to this24
	207	+	appropriation. 25
	208	+	(2) For the 2022-23 state fiscal year, $250,000 is appropriated to26
	209	+	the department of labor and employment for use by the division of27
	210	+	1230
	211	+	-6- employment and training. This appropriation is from reappropriated funds1
	212	+	in the employment support and job retention services program cash fund2
	213	+	under subsection (1) of this section. To implement this act, the3
	214	+	department may use the appropriation for employment support and job4
	215	+	retention services.5
	216	+	SECTION 8. Effective date. This act takes effect July 1, 2022.6
	217	+	SECTION 9. Safety clause. The general assembly hereby finds,7
	218	+	determines, and declares that this act is necessary for the immediate8
	219	+	preservation of the public peace, health, or safety.9
	220	+	1230
	221	+	-7-