Colorado 2022 Regular Session

Colorado House Bill HB1230 Latest Draft

Bill / Enrolled Version Filed 05/13/2022

                            HOUSE BILL 22-1230
BY REPRESENTATIVE(S) Duran and Exum, Amabile, Bacon, Benavidez,
Bird, Boesenecker, Caraveo, Cutter, Daugherty, Esgar, Froelich, Herod,
Hooton, Jodeh, Lindsay, Lontine, McCluskie, Michaelson Jenet, Mullica,
Sirota, Titone, Valdez D., Woodrow, Young, Garnett;
also SENATOR(S) Fields and Priola, Bridges, Jaquez Lewis, Lee,
Pettersen, Story, Winter.
C
ONCERNING THE EMPLOYMENT SUPPORT AND JOB RETENTION SERVICES
PROGRAM
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.  Legislative declaration. (1)  The general assembly
hereby finds and declares that:
(a)  Employment support and job retention services are critical for
individuals pursuing skills and employment training to successfully attain
and retain an employment opportunity;
(b)  The employment support and job retention services program
(program) has served as a lifeline for many Coloradans seeking employment
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
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. during the COVID-19 pandemic-induced economic downturn and
subsequent recovery, complementing the efforts of both the state and
federal governments to help the economy build back stronger than it was
before the pandemic;
(c)  At an average cost of just over $293 per eligible participant, the
program has served nearly 1,400 Colorado job seekers and newly employed
individuals pursuing an employment goal since its implementation in
January 2020;
(d)  Ninety-three percent of service providers participating in the
program reported the program had a high, or extremely high, impact on the
long-term success of eligible participants, indicating administrative efficacy
and efficiency;
(e)  With memorandums of understanding signed with service
providers representing 60 of Colorado's 64 counties, the program is truly
statewide and has helped both rural and urban Coloradans, women, people
of color, veterans, and others, and the modifications contained in this
legislation will enable the program to serve a broader range of Coloradans,
including those in marginalized communities;
(f)  Because of the COVID-19 pandemic recovery efforts, demand
for the program is high, with funds expected to be exhausted in early 2022;
and
(g)  Reauthorization of the program beyond its scheduled repeal in
September 2022 is consistent with the state's goal of building back the
economy stronger than it was before by:
(I)  Supporting all Coloradans by providing access to skills training
and credentialing to help them obtain economic security; and
(II)  Helping businesses facing a uniquely challenging labor market
find the employees they need to thrive.
SECTION 2. In Colorado Revised Statutes, 8-83-401, amend (5)
as follows:
8-83-401.  Definitions. As used in this part 4, unless the context
PAGE 2-HOUSE BILL 22-1230 otherwise requires:
(5)  "Service provider" means a public agency or nonprofit
community organization that provides employment, employment
preparation, 
EMPLOYMENT TRAINING, EDUCATION, and job retention services
to eligible individuals pursuant to a memorandum of understanding with the
administering entity. "S
ERVICE PROVIDER" INCLUDES FAITH-BASED
ORGANIZATIONS AND CHURCHES
, COMMUNITY CENTERS, NEIGHBORHOOD
ORGANIZATIONS
, FOOD BANKS, OUTREACH PROVIDERS, AND SIMILAR LOCAL
ENTITIES THAT PROVIDE SERVICES TO MEMBERS OF THE COMMUNITY
.
SECTION 3. In Colorado Revised Statutes, 8-83-404, amend
(1)(d), (4)(a), (5)(b) introductory portion, (5)(b)(I), (5)(b)(V), and
(5)(b)(XIII); and add (6) as follows:
8-83-404.  Administration of the program. (1)  The administering
entity shall:
(d)  Ensure the fiscal responsibility of the program in compliance
CONJUNCTION with the director;
(4)  Notwithstanding any other federal or state law, in order to be
eligible to receive services for which a service provider may be reimbursed
under the program, an individual must:
(a) (I)  Have a household income at or below the federal poverty line;
OR
(II)  IF EMPLOYED:
(A)  H
AVE BEEN EMPLOYED FOR SIX MONTHS OR LESS BEFORE THE
DATE UPON WHICH ASSISTANCE IS REQUESTED
; AND
(B)  WITHIN NINETY DAYS BEFORE THE EMPLOYMENT START DATE ,
HAVE HAD A HOUSEHOLD INCOME AT OR BELOW THE FEDERAL POVERTY LINE .
(5) (b)  Employment support, 
TRAINING, EDUCATION, and job
retention services that are eligible for reimbursement include:
(I)  C
OSTS RELATED TO transportation, or
 vehicle UPKEEP AND
PAGE 3-HOUSE BILL 22-1230 OPERATION, AND PARKING;
(V)  Work tools and equipment, 
INCLUDING COMPUTERS, DIGITAL
DEVICES
, AND COSTS ASSOCIATED WITH INTERNET CONNECTIVITY ;
(XIII)  Other expenses as they pertain to employment preparation,
job training, employment pursuit, 
EDUCATION, or job retention services as
determined by the director.
(6)  N
OTWITHSTANDING ANY OTHER LAW TO THE CONTRARY , THE
SELECTION OF
, AND PAYMENTS TO , SERVICE PROVIDERS FOR SERVICES
PURSUANT TO THE PROGRAM ARE NOT SUBJECT TO THE 
"PROCUREMENT
CODE", ARTICLES 101 TO 112 OF TITLE 24.
SECTION 4. In Colorado Revised Statutes, 8-83-405, amend (2)
as follows:
8-83-405.  Reports required. (2)  On or before December 1, 2021,
BEGINNING IN JANUARY 2023, the division shall report PROVIDE to the
business, labor, and technology committee of the senate and the business
affairs and labor committee of the house of representatives, or their
successor committees, a comprehensive analysis
 AN UPDATE concerning the
efficacy of the program
 DURING THE DEPARTMENT 'S PRESENTATION AT
HEARINGS HELD PURSUANT TO THE 
"STATE MEASUREMENT FOR
ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT
ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
SECTION 5. In Colorado Revised Statutes, 8-83-406, amend (1)(a)
and (3) as follows:
8-83-406.  Employment support and job retention services
program cash fund - created. (1) (a)  The employment support and job
retention services program cash fund, referred to in this section as the
"fund", is hereby created in the state treasury. For the 2019-20 state fiscal
year, the general assembly shall appropriate seven hundred fifty thousand
dollars from the general fund to the fund. F
OR THE 2022-23 STATE FISCAL
YEAR AND EACH FISCAL YEAR THEREAFTER
, THE GENERAL ASSEMBLY SHALL
APPROPRIATE TWO HUNDRED FIFTY THOUSAND DOLLARS FROM THE GENERAL
FUND TO THE FUND
. ANY MONEY REMAINING IN THE FUND AT THE END OF A
FISCAL YEAR REMAINS IN THE FUND AND DOES NOT REVERT TO THE GENERAL
PAGE 4-HOUSE BILL 22-1230 FUND OR ANY OTHER FUND.
(3)  The division may use the money in the fund for the purposes of
this part 4, including administrative costs related to the program. The
administering entity may use money in the fund to operate the program. The
remainder of the money may be used only for reimbursements made
pursuant to section 8-83-404. The director or the director's designee may
expend money from the fund for the purposes of this part 4.
SECTION 6. In Colorado Revised Statutes, amend 8-83-407 as
follows:
8-83-407.  Repeal of part. This part 4 is repealed, effective
September 30, 2022 SEPTEMBER 1, 2029.
SECTION 7. Appropriation. (1)  For the 2022-23 state fiscal year,
$250,000 is appropriated to the employment support and job retention
services program cash fund created in section 8-83-406 (1)(a), C.R.S. This
appropriation is from the general fund. The department of labor and
employment is responsible for the accounting related to this appropriation. 
(2)  For the 2022-23 state fiscal year, $250,000 is appropriated to the
department of labor and employment for use by the division of employment
and training. This appropriation is from reappropriated funds in the
employment support and job retention services program cash fund under
subsection (1) of this section. To implement this act, the department may
use the appropriation for employment support and job retention services.
SECTION 8. Effective date. This act takes effect July 1, 2022.
SECTION 9. Safety clause. The general assembly hereby finds,
PAGE 5-HOUSE BILL 22-1230 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________  ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 22-1230