Colorado 2022 2022 Regular Session

Colorado Senate Bill SB140 Enrolled / Bill

Filed 05/19/2022

                    SENATE BILL 22-140
BY SENATOR(S) Coleman and Gardner, Bridges, Buckner, Danielson,
Donovan, Fields, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Lee,
Moreno, Pettersen, Rodriguez, Story, Winter, Zenzinger, Fenberg;
also REPRESENTATIVE(S) McLachlan and Amabile, Bacon, Benavidez,
Bernett, Boesenecker, Exum, Gonzales-Gutierrez, Herod, Hooton, Lindsay,
Lontine, McCluskie, Michaelson Jenet, Snyder, Titone, Valdez D.,
Woodrow, Young.
C
ONCERNING THE EXPANSION OF EXPERIENTIAL LEARNING OPPORTUNITIES
THROUGH RELATIONSHIPS WITH EMPLOYERS
, AND, IN CONNECTION
THEREWITH
, ESTABLISHING A WORK-BASED LEARNING INCENTIVE
PROGRAM
, A DIGITAL NAVIGATION PROGRAM , A CAREER-ALIGNED
ENGLISH AS A SECOND LANGUAGE PROGRAM , A GLOBAL TALENT TASK
FORCE TO STUDY IN
-DEMAND OCCUPATIONS , AND 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)  The global pandemic has exacerbated challenges employers face
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. in finding the talent they need, and as our economy recovers from the
pandemic, Colorado also faces a looming worker shortage over the coming
decades;
(b)  To address the worker shortage, many employers are interested
in providing high-quality, work-based learning for students and adults but
face challenges in making that a reality;
(c)  Expanding experiential, work-based learning opportunities for
adults and youth is a worthwhile state investment. Evidence from multiple
sources shows that students benefit from experiential learning opportunities,
leading to higher grade point averages, greater engagement, and stronger
postsecondary outcomes and career readiness after high school.
(d)  Work-based learning allows youth and adults to explore new
opportunities, build skills, and transition to new career pathways as work
continues to evolve. Research shows paid work-based learning is a strong
tool for increasing equitable access to opportunities for youth and adults
from a variety of income backgrounds.
(e)  The state has a variety of programs focused on providing
employers with training dollars for upskilling members of the current
workforce, but not many of these programs explicitly allow training dollars
to support youth who might be employed on a part-time basis as an intern
or apprentice or focus on the entire continuum of high-quality, work-based
learning experiences;
(f)  Eligible employers wanting to offer high-quality, work-based
learning opportunities to youth and adults would benefit from funding to
help with the start-up costs associated with developing these programs,
including training dollars that could be used in partnership with institutions
of higher education or other training providers;
(g)  Colorado has untapped talent pools that can meet the demands
of employers in the near term. Twenty percent of Coloradans speak a
language other than English at home, with the majority of these Coloradans
representing immigrant families. Addressing language barriers through the
alignment of education and employment can create immediate access to
talent for employers.
PAGE 2-SENATE BILL 22-140 (h)  Many youth and adults lack sufficient digital problem-solving
skills. In Colorado, over 60,000 households with children in the K-12
education system have inconsistent access to computers and the internet.
Closing the digital divide for disconnected Coloradans creates new
opportunities for participation in society and the economy, especially in
critical and growing industries including construction, education, health
care, and technology.
(2)  Therefore, the general assembly:
(a)  Declares that it supports employers, youth, and adults and has an
interest in aligning the talent development ecosystem to maximize economic
impact;
(b)  Finds:
(I)  Value in incentivizing employers to increase the number of
adults and youth participating in work-based learning and intends for the
state to ensure an equal proportion of adults and youth benefit from
opportunities created by a work-based learning incentive program;
(II)  That the state should prioritize addressing barriers in adopting
high-quality, work-based learning models and helping youth and adults
access high-quality, work-based learning and employment through the
creation of programs that close the digital divide and eliminate language
barriers; and
(III)  Value in aligning and accelerating work-based learning and
skills-based hiring in existing state-funded programs in education, including
higher education; training; and employment; and
(c)  Intends for the state to ensure that programs are coordinated in
a way that maximizes participation for employers, youth, and adults.
SECTION 2. In Colorado Revised Statutes, add part 6 to article 83
of title 8 as follows:
PART 6
EXPERIENTIAL LEARNING
PAGE 3-SENATE BILL 22-140 8-83-601.  Definitions. A	S USED IN THIS PART 6:
(1)  "C
OMMISSION" MEANS THE BUSINESS EXPERIENTIAL-LEARNING
COMMISSION IN THE DEPARTMENT CREATED BY EXECUTIVE ORDER 
B 2015
004,
 WHICH WORKS IN PARTNERSHIP WITH THE OFFICE OF ECONOMIC
DEVELOPMENT AND THE WORK FORCE DEVELOPMENT COUNCIL
, OR A
SUBSEQUENT ENTITY ESTABLISHED FOR THE SAME OR SIMILAR PURPOSE
.
(2)  "D
IGITAL EQUITY" MEANS THE CONDITION IN WHICH INDIVIDUALS
AND COMMUNITIES HAVE ACCESS TO THE INFORMATION TECHNOLOGY THAT
IS NEEDED FOR FULL PARTICIPATION IN SOCIETY AND THE ECONOMY OF THE
UNITED STATES.
(3) (a)  "D
IGITAL INCLUSION" MEANS THE ACTIVITIES THAT ARE
NECESSARY TO ENSURE THAT ALL INDIVIDUALS IN THE STATE HAVE ACCESS
TO
, AND THE USE OF, AFFORDABLE INFORMATION AND COMMUNICATION
TECHNOLOGIES
, SUCH AS:
(I)  R
ELIABLE FIXED AND WIRELESS BROADBAND INTERNET SERVICE ;
(II)  I
NTERNET-ENABLED DEVICES THAT MEET THE NEEDS OF THE
USER
; AND
(III)  APPLICATIONS AND ONLINE CONTENT DESIGNED TO ENABLE AND
ENCOURAGE SELF
-SUFFICIENCY, PARTICIPATION, AND COLLABORATION.
(b)  "D
IGITAL INCLUSION" INCLUDES THE ABILITY TO OBTAIN:
(I)  A
CCESS TO DIGITAL LITERACY TRAINING;
(II) Q
UALITY TECHNICAL SUPPORT; AND
(III)  BASIC AWARENESS OF MEASURES TO ENSURE ONLINE PRIVACY
AND CYBERSECURITY
.
(4)  "D
IGITAL LITERACY" MEANS THE SKILLS ASSOCIATED WITH USING
TECHNOLOGY THAT ENABLE USERS TO FIND
, EVALUATE, ORGANIZE, CREATE,
DISSEMINATE, AND COMMUNICATE INFORMATION .
(5)  "I
NCENTIVE PROGRAM" MEANS THE WORK-BASED LEARNING
PAGE 4-SENATE BILL 22-140 INCENTIVE PROGRAM CREATED IN SECTION 8-83-602.
(6)  "N
EXT-SKILLING" MEANS ACTIVITIES TO DEVELOP FUTURE-READY
SKILLS NECESSARY FOR EMPLOYMENT IN THE TWENTY
-FIRST CENTURY AND
INCLUDES THE FOCUS AREAS OF HUMAN SKILLS
, DIGITAL SKILLS, BUSINESS
SKILLS
, GROWTH MINDSET, AND A LIFELONG LEARNING MINDSET .
(7)  "O
FFICE" MEANS THE OFFICE OF FUTURE WORK DESCRIBED IN
SECTION 
8-77-110.
(8)  "O
FFICE OF ECONOMIC DEVELOPMENT " MEANS THE COLORADO
OFFICE OF ECONOMIC DEVELOPMENT CREATED IN SECTION 
24-48.5-101.
(9)  "O
FFICE OF NEW AMERICANS" MEANS THE OFFICE CREATED IN
SECTION 
8-3.7-103.
(10)  "P
ROGRAM" MEANS THE STATEWIDE DIGITAL NAVIGATOR
PROGRAM CREATED IN SECTION 
8-83-603.
(11) (a)  "R
ESKILLING" MEANS ACTIVITIES TO:
(I)  S
UPPORT UNEMPLOYED AND UNDEREMPLOYED INDIVI DUALS WHO
NEED OR WANT TO CHANGE INDUSTRIES IN ORDER TO RETURN TO FULL
-TIME
WORK OR WHO NEED OR WANT TO OBTAIN MORE APPROPRIATE WORK
-BASED
SKILLS
; AND
(II)  HELP UNEMPLOYED AND UNDEREMPLOYED INDIVIDUALS
ACHIEVE ECONOMIC SELF
-SUFFICIENCY.
(b)  "R
ESKILLING" MAY INCLUDE TECHNICAL TRAINING FOR NEW
POSITIONS AND NEW CAREERS AND ENTREPRENEURIAL TRAINING FOR
INDIVIDUALS WHO WISH TO PURSUE SELF
-EMPLOYMENT AND BUSINESS
OWNERSHIP
.
(12)  "S
KILLS-BASED HIRING" MEANS HIRING A PERSON BASED ON THE
PERSON
'S KNOWLEDGE, SKILLS, AND ABILITIES THAT ARE SPECIFIC TO THE JOB
FOR WHICH THE PERSON IS BEING CONSIDERED
.
(13)  "T
ARGET POPULATIONS" INCLUDES:
PAGE 5-SENATE BILL 22-140 (a)  ANY HOUSEHOLD WITH AN INCOME THAT IS NOT MORE THAN ONE
HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LEVEL
, AS DETERMINED
BY THE MOST CURRENT FEDERAL POVERTY GUIDELINES ISSUED BY THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ; 
(b)  INDIVIDUALS WHO ARE FIFTY YEARS OF AGE OR OLDER ;
(c)  I
NDIVIDUALS WHO ARE OR WERE INCARCERATED ;
(d)  V
ETERANS;
(e)  I
NDIVIDUALS WITH DISABILITIES;
(f)  I
NDIVIDUALS WHO HAVE RECENTLY IMMIGRATED TO THE UNITED
STATES AND RESIDE IN THIS STATE;
(g)  I
NDIVIDUALS WHO ARE ENGLISH LANGUAGE LEARNERS ; 
(h)  I
NDIVIDUALS WITH LOW LEVELS OF LITERACY ;
(i)  I
NDIVIDUALS WHO PRIMARILY RESIDE IN RURAL AREAS ;
(j)  I
NDIVIDUALS EXPERIENCING HOMELESSNESS ; AND
(k)  YOUTH.
(l4)  "U
PSKILLING" MEANS ACTIVITIES TO INCREASE THE SKILL LEVELS
OF AN EMPLOYEE SO THE EMPLOYEE IS ABLE TO RETAIN EMPLOYMENT AND
ADVANCE WITHIN A COMPANY
.
(15) (a)  "W
ORK-BASED LEARNING" MEANS LEARNING THAT OCCURS,
IN WHOLE OR IN PART, IN THE WORKPLACE THAT PROVIDES YOUTH AND
ADULTS WITH HANDS
-ON, REAL-WORLD EXPERIENCE AND TRAINING FOR
SKILLS DEVELOPMENT
.
(b)  "W
ORK-BASED LEARNING" INCLUDES ACTIVITIES SUCH AS JOB
SHADOWING
, INTERNSHIPS, EXTERNSHIPS, PRE-APPRENTICESHIPS,
APPRENTICESHIPS, RESIDENCIES, AND INCUMBENT-WORKER TRAINING.
(16)  "W
ORK-BASED LEARNING INTERMEDIARY " MEANS AN ENTITY
PAGE 6-SENATE BILL 22-140 SELECTED BY THE DEPARTMENT PURSUANT TO SECTION 8-83-602 (3).
(17)  "W
ORK FORCE DEVELOPMENT COUNCIL " MEANS THE STATE
WORK FORCE DEVELOPMENT COUNCIL CREATED IN SECTION 
24-46.3-101.
(18)  "Y
OUTH" MEANS AN INDIVIDUAL ELIGIBLE TO BE EDUCATED IN
THE PUBLIC SCHOOL SYSTEM PURSUANT TO SECTION 
2 OF ARTICLE IX OF THE
STATE CONSTITUTION
.
8-83-602.  Work-based learning incentive program - creation -
rules - appropriation. (1)  Work-based learning incentive program.
(a)  O
N OR BEFORE JANUARY 1, 2023, THE DEPARTMENT, IN CONSULTATION
WITH THE COMMISSION
, THE OFFICE OF ECONOMIC DEVELOPMENT , THE
DEPARTMENT OF EDUCATION
, THE DEPARTMENT OF HIGHER EDUCATION , THE
STATE BOARD FOR COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION
,
LOCAL DISTRICT COLLEGES, THE WORK FORCE DEVELOPMENT COUNCIL , AND
AREA TECHNICAL COLLEGES
, AS DEFINED IN SECTION 23-60-103, SHALL
ESTABLISH A WORK
-BASED LEARNING INCENTIVE PROGRAM TO PROVIDE
MONETARY INCENTIVES TO SELECTED EMPLOYERS TO CREATE
HIGH
-QUALITY, WORK-BASED LEARNING OPPORTUNITIES THAT BENEFIT
ADULTS AND YOUTH
.
(b)  I
N ADMINISTERING THE INCENTIVE PROGRAM , THE DEPARTMENT
SHALL STRIVE TO CREATE AN EQUAL PROPORTION OF WORK
-BASED LEARNING
OPPORTUNITIES FOR YOUTH AND ADULTS AND TO SELECT EMPLOYERS AND
WORK
-BASED LEARNING INTERMEDIARIES WITH THE GOAL OF INCREASING
THE NUMBER OF YOUTH AND ADULTS PARTICIPATING IN WORK
-BASED
LEARNING
. THE DEPARTMENT SHALL SELECT WORK -BASED LEARNING
INTERMEDIARIES THAT
:
(I)  D
EMONSTRATE EXPERTISE IN AND A CONTINUED COMMITMENT TO
CONNECTING
, EDUCATING, AND COACHING EMPLOYERS REGARDING
WORK
-BASED LEARNING OPPORTUNITIES FOR ADULTS AND YOUTH , SUCH AS
A CHAMBER OF COMMERCE
, A NONPROFIT ENTITY , AN INDUSTRY
ASSOCIATION
, A LOCAL WORKFORCE AREA, A REGISTERED APPRENTICESHIP
PROGRAM
, OR A LOCAL GOVERNMENT ENTITY ;
(II)  W
ORK WITHIN AND ACROSS THE STATE TO PARTNER WITH
MULTIPLE EMPLOYERS
; LOCAL EDUCATION PROVIDERS , INSTITUTIONS OF
HIGHER EDUCATION
, OR OTHER EDUCATIONAL ENTITIES; AND OTHER PUBLIC
PAGE 7-SENATE BILL 22-140 AND PRIVATE ENTITIES TO FACILITATE WORK -BASED LEARNING
EXPERIENCES
;
(III)  S
UPPORT EMPLOYERS IN IMPLEMENTING WORK -BASED LEARNING
IN COLLABORATION WITH THE COMMISSION AND IN ALIGNMENT WITH THE
WORK
-BASED LEARNING QUALITY EXPECTATIONS DEVELOPED IN SUBSECTION
(5) OF THIS SECTION; AND
(IV)  SUPPORT EMPLOYERS IN LEARNING ABOUT THE WORK -BASED
LEARNING QUALITY EXPECTATIONS AND SHARE BEST PRACTICES FOR
MEETING THE WORK
-BASED LEARNING QUALITY EXPECTATIONS DEVELOPED
IN SUBSECTION 
(5) OF THIS SECTION.
(2)  Department responsibilities. T
HE DEPARTMENT SHALL:
(a)  T
HROUGH AN APPLICATION PROCESS, SELECT EMPLOYERS AND AT
LEAST TWO WORK
-BASED LEARNING INTERMEDIARIES TO PARTICIPATE IN THE
INCENTIVE PROGRAM WITH THE GOAL OF MAXIMIZING REGIONAL DIVERSITY
AND ENGAGING THE OPTIMUM NUMBER OF EMPLOYER PARTICIPANTS IN
HIGH
-DEMAND INDUSTRIES AS DETERMINED BY THE ANNUAL COLORADO
TALENT REPORT PREPARED PURSUANT TO SECTION 
24-46.3-103 (3);
(b)  F
OR THE PURPOSE OF PROVIDING INCENTIVES TO EMPLOYERS TO
PROVIDE WORK
-BASED LEARNING OPPORTUNITIES TO YOUTH AND ADULTS ,
ALLOCATE MONEY DIRECTLY TO EMPLOYERS AND TO WORK	-BASED
LEARNING INTERMEDIARIES
;
(c)  O
UTLINE PERFORMANCE EXPECTATIONS FOR WORK -BASED
LEARNING INTERMEDIARIES AND EMPLOYERS PARTICIPATING IN THE
INCENTIVE PROGRAM THAT INCLUDE THE AUTHORITY OF THE DEPARTMENT
TO DISCONTINUE AN ENTITY
'S PARTICIPATION IN THE INCENTIVE PROGRAM IF
THE ENTITY FAILS TO MEET THE EXPECTATIONS
;
(d)  O
UTLINE A SCALE FOR THE AMOUNT OF MONEY AWARDED TO AN
EMPLOYER BASED ON CRITERIA SUCH AS THE DURATION OF WORK
-BASED
LEARNING EXPERIENCES
, THE NUMBER OF PARTICIPANTS , GEOGRAPHY,
BUSINESS SIZE, AND OTHER FACTORS;
(e)  C
OLLECT DATA CONCERNING THE INCENTIVE PROGRAM THAT
INCLUDES
:
PAGE 8-SENATE BILL 22-140 (I)  THE WORK-BASED LEARNING INTERMEDIARIES PARTICIPATING IN
THE INCENTIVE PROGRAM
;
(II)  T
HE NUMBER OF EMPLOYERS PARTICIPATING IN THE INCENTIVE
PROGRAM
;
(III)  T
HE NUMBER OF WORK -BASED LEARNING OPPORTUNITIES
PROVIDED BY EMPLOYERS AND THE NUMBER OF WORK
-BASED LEARNING
HOURS COMPLETED
;
(IV)  T
HE NUMBER OF WORK-BASED LEARNING OPPORTUNITIES THAT
LED TO A JOB IN THE RESPECTIVE INDUSTRY
;
(V)  T
HE NUMBER OF YOUTH AND ADULT PARTICIPANTS IN THE
INCENTIVE PROGRAM
, INCLUDING EMPLOYEES, INTERNS, APPRENTICES, OR
OTHER INDIVIDUALS WHO PARTICIPATED IN THE INCENTIVE PROGRAM
;
(VI)  T
HE DE-IDENTIFIED DEMOGRAPHIC INFORMATION OF THE
INDIVIDUALS PARTICIPATING IN THE INCENTIVE PROGRAM
, INCLUDING RACE,
GEOGRAPHIC REGION OR ZIP CODE, AND WHETHER THE INDIVIDUALS MEET
LOW
-INCOME CRITERIA AS DETERMINED BY THE DEPARTMENT ; AND
(VII)  ANY OUTCOMES AND DATA TO MEASURE THE SUCCESS OF THE
INCENTIVE PROGRAM
, INCLUDING OUTCOMES RELATED TO EMPLOYERS THAT
PARTICIPATED IN THE INCENTIVE PROGRAM AND SUBSEQUENTLY ADOPTED
WORK
-BASED LEARNING AS A BUSINESS PRACTICE BEYOND THE INCENTIVE
PROGRAM
'S DURATION.
(f)  E
NSURE THAT YOUTH AND ADULTS ARE MADE AWARE OF
OPPORTUNITIES FOR THEM TO LEARN IN THE WORKPLACE AT THE SAME TIME
AS EARNING AN INCOME THROUGH THE INCENTIVE PROGRAM
;
(g)  P
ROVIDE TECHNICAL ASSISTANCE AND PLANNING ASSISTANCE TO
EMPLOYERS AND WORK
-BASED LEARNING INTERMEDIARIES REGARDING THE
WORK
-BASED LEARNING QUALITY EXPECTATIONS DEVELOPED IN SUBSECTION
(5) OF THIS SECTION; AND
(h)  BEGINNING IN 2023 AND EACH YEAR THEREAFTER , SUBMIT A
REPORT COMPILING THE DATA COLLECTED PURSUANT TO SUBSECTION
 (2)(e)
OF THIS SECTION TO THE SENATE BUSINESS , LABOR, AND TECHNOLOGY
PAGE 9-SENATE BILL 22-140 COMMITTEE AND THE HOUSE OF REPRESENTATIVES BUSINESS AFFAIRS AND
LABOR COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES , DURING THE
HEARINGS HELD UNDER THE 
"STATE MEASUREMENT FOR ACCOUNTABLE,
R
ESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", PART 2 OF
ARTICLE 
7 OF TITLE 2.
(3)  Selection as a work-based learning intermediary. I
N ORDER
TO BE CONSIDERED BY THE DEPARTMENT FOR SELECTION AS A WORK
-BASED
LEARNING INTERMEDIARY
, THE ENTITY SHALL SUBMIT AN APPLICATION TO
THE DEPARTMENT IN A FORM AND MANNER ESTABLISHED BY THE
DEPARTMENT
, WHICH MUST BE A SIMPLIFIED APPLICATION DESIGNED TO
MAXIMIZE EMPLOYER PARTICIPATION
. IN THE APPLICATION, THE ENTITY
SHALL
:
(a)  D
EMONSTRATE THE ENTITY 'S RECORD OF CONNECTING
EMPLOYERS WITH LOCAL EDUCATION PROVIDERS
, INSTITUTIONS OF HIGHER
EDUCATION
, OR OTHER TRAINING PROVIDERS SUCH AS REGISTERED
APPRENTICESHIP PROGRAMS
;
(b)  O
UTLINE HOW THE ENTITY PLANS TO BRING EMPLOYERS , LOCAL
EDUCATION PROVIDERS
, INSTITUTIONS OF HIGHER EDUCATION , OR OTHER
TRAINING PROVIDERS SUCH AS REGISTERED APPRENTICESHIP PROGRAMS
TOGETHER TO ACCOMPLISH THE PURPOSES OF THE INCENTIVE PROGRAM
;
(c)  O
UTLINE HOW THE ENTITY WILL MEET OR EXCEED THE QUALITY
EXPECTATIONS FOR WORK
-BASED LEARNING ESTABLISHED BY THE OFFICE
PURSUANT TO SUBSECTION 
(5) OF THIS SECTION; AND
(d)  SUBMIT ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE
DEPARTMENT
, INCLUDING AN ATTESTATION OF A COMMITMENT TO
DIVERSITY
, EQUITY, AND INCLUSION IN THE WORKPLACE.
(4)  Responsibilities of work-based learning intermediaries. A
WORK-BASED LEARNING INTERMEDIARY SHALL DIRECTLY FACILITATE
WORK
-BASED LEARNING OPPORTUNITIES WITH EMPLOYERS THROUGH
INCENTIVE PAYMENTS MADE DIRECTLY TO EMPLOYERS FOR TECHNICAL
ASSISTANCE
, BUSINESS COACHING , AND OTHER TYPES OF SUPPORT .
W
ORK-BASED LEARNING INTERMEDIARIES AND EMPLOYERS MAY USE
INCENTIVE PAYMENTS FOR
:
PAGE 10-SENATE BILL 22-140 (a)  START-UP MANAGEMENT COSTS FOR EMPLOYERS TO CREATE
WORK
-BASED LEARNING PROGRAMS , INCLUDING TRAINING FOR EMPLOYERS
TO ESTABLISH AND MANAGE A WORK
-BASED LEARNING PROGRAM ;
(b)  D
EVELOPING AND PROVIDING PERSONALIZED PARTICIPANT
SUPPORTS
, INCLUDING TRANSPORTATION ASSISTANCE , AND PARTNERING
WITH OTHER ENTITIES TO PROVIDE ACCESS TO OR REFERRALS FOR
SUPPORTIVE SERVICES
, LEARNING SUPPORTS, FINANCIAL ADVISING, AND
OTHER TYPES OF SUPPORT TO ENSURE ADULTS AND YOUTH CAN PARTICIPATE
IN WORK
-BASED LEARNING;
(c)  E
DUCATING EMPLOYERS ON HOW TO WORK WITH LOCAL
EDUCATION PROVIDERS AND INSTITUTIONS OF HIGHER EDUCATION TO
CREATE CAREER
-CONNECTED LEARNING PARTNERSHIPS ;
(d)  T
RAINING COSTS, INCLUDING ENROLLMENT, REGISTRATION, AND
COURSE FEES FOR PARTICIPATION IN CLASSROOM TRAINING AND
CERTIFICATIONS ALIGNED WITH WORK
-BASED LEARNING;
(e)  P
ROVIDING INCENTIVES FOR EMPLOYERS WHO PARTICIPATE IN THE
DELIVERY OF EDUCATION SERVICES
;
(f)  A
NY SERVICES, RESOURCES, AND SUPPORT IDENTIFIED BY
EMPLOYERS TO SUPPORT WORK
-BASED LEARNING THAT ALIGN WITH THE
PURPOSES OF THIS SECTION
, INCLUDING FOSTERING REGIONAL PARTNERSHIPS
BY SECTOR OR INDUSTRY AND HIRING A BUSINESS COACH OR OTHER
INDIVIDUAL TO ACT AS A LIAISON BETWEEN A WORK
-BASED LEARNING
INTERMEDIARY AND EMPLOYERS RECEIVING INCENTIVE PAYMENTS
; AND
(g)  ENSURING ALIGNMENT WITH AND AVOIDING DUPLICATION OF
EXISTING PROGRAMS AND
, WHERE PRACTICABLE, LEVERAGING EXISTING
RESOURCES
.
(5)  Work-based learning quality expectations. T
HE OFFICE, IN
CONSULTATION WITH THE DEPARTMENT
, THE COMMISSION, THE OFFICE OF
ECONOMIC DEVELOPMENT
, THE DEPARTMENT OF EDUCATION , THE
DEPARTMENT OF HIGHER EDUCATION
, THE STATE BOARD FOR COMMUNITY
COLLEGES AND OCCUPATIONAL EDUCATION
, AREA TECHNICAL COLLEGES,
AND THE WORK FORCE DEVELOPMENT COUNCIL , SHALL:
PAGE 11-SENATE BILL 22-140 (a)  ON OR BEFORE SEPTEMBER 15, 2022, DEVELOP WORK-BASED
LEARNING QUALITY EXPECTATIONS FOR YOUTH AND ADULTS
, TAKING INTO
CONSIDERATION
:
(I)  H
OW THE EXPECTATIONS ALIGN WITH EMPLOYER NEEDS ;
(II)  E
VIDENCE-BASED PRACTICES;
(III)  T
HE POTENTIAL OUTCOMES OF WORK -BASED LEARNING
OPPORTUNITIES FOR YOUTH AND ADULTS
;
(IV)  O
PPORTUNITIES TO AWARD EDUCATIONAL CREDIT OR PAYMENT
FOR WORK
-BASED LEARNING EXPERIENCES ;
(V) A
LIGNMENT WITH THE MINIMUM STANDARDS SET BY THE
FEDERAL DEPARTMENT OF LABOR OR THE STATE APPRENTICESHIP AGENCY
,
WHERE APPLICABLE; AND
(VI) GRADUATION AND COMPLETIONS RATES OF THE PROGRAMS ,
WHERE APPLICABLE; AND
(b)  REVIEW AND REVISE THE WORK -BASED LEARNING QUALITY
EXPECTATIONS EVERY FIVE YEARS
, INCLUDING CONSIDERATION OF:
(I)  T
HE RELEVANCE OF AND INNOVATIONS IN WORK -BASED
LEARNING
;
(II)  W
HETHER WORK-BASED LEARNING IS DYNAMIC AND RESPONSIVE
TO THE NEEDS OF BUSINESS AND EDUCATION PARTNERS
;
(III)  H
OW THE WORK-BASED LEARNING EXPERIENCES ALIGN WITH
EMPLOYER EXPECTATIONS FOR ADULTS AND YOUTH IN HIGH
-WAGE,
HIGH-DEMAND JOBS; AND
(IV)  THE QUALITY OF WORK -BASED LEARNING PROVIDED TO
PARTICIPANTS IN THE INCENTIVE PROGRAM
.
(6)  Appropriation. F
OR THE 2022-23 STATE FISCAL YEAR, THE
GENERAL ASSEMBLY SHALL APPROPRIATE THREE MILLION DOLLARS FROM
THE GENERAL FUND TO THE DEPARTMENT FOR THE PURPOSES OF THIS
PAGE 12-SENATE BILL 22-140 SECTION. ANY UNEXPENDED MONEY REMAINING AT THE END OF THE 2022-23
STATE FISCAL YEAR:
(a)  D
OES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND ;
(b)  M
AY BE USED BY THE DEPARTMENT IN THE 2023-24 STATE FISCAL
YEAR WITHOUT FURTHER APPROPRIATION
; AND
(c)  SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN THE
PURPOSES SET FORTH IN THIS SECTION
.
(7)  Rules. T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY
PROMULGATE RULES TO IMPLEMENT THIS SECTION
.
8-83-603.  Statewide digital navigator program - office of future
work - rules - appropriation. (1)  O
N OR BEFORE JANUARY 1, 2023, THE
OFFICE SHALL CREATE A STATEWIDE DIGITAL NAVIGATOR PROGRAM
. THE
PURPOSE OF THE PROGRAM IS TO ADDRESS DIGITAL INEQUITIES THAT
PREVENT YOUTH AND ADULTS FROM SECURING EMPLOYMENT
. TO ADDRESS
DIGITAL INEQUITIES
, THE PROGRAM MAY PROVIDE SERVICES AND SUPPORTS ,
INCLUDING ACCESS TO DIGITAL TECHNOLOGY , COMPUTER AND TECHNOLOGY
SKILLS TRAINING
, AND AFFORDABLE INTERNET SERVICE THROUGH THE
EMPLOYMENT OF DIGITAL NAVIGATORS
. THE OFFICE SHALL, THROUGH AN
APPLICATION PROCESS
, SELECT AT LEAST ONE ADMINISTERING ENTITY TO
ADMINISTER THE DIGITAL NAVIGATOR PROGRAM
. THE DIGITAL NAVIGATOR
PROGRAM WILL DEPLOY DIGITAL NAVIGATORS TO
:
(a) (I)  C
ONDUCT OUTREACH TO TARGET POPULATIONS IN NEED OF
INTERNET ACCESS
, HARDWARE, SOFTWARE, AND DIGITAL SKILLS; 
(II)  PROVIDE TECHNOLOGY AND LITERACY SUPPORT TO TARGET
POPULATIONS
; AND
(III)  CONNECT TARGET POPULATIONS TO RESOURCES IN ORDER TO
REMOVE BARRIERS TO TRAINING AND EMPLOYMENT
;
(b)  M
AKE REFERRALS TO AND FACILITATE ENROLLMENT OF TARGET
POPULATIONS IN
:
(I)  D
IGITAL LITERACY CLASSES AND WORKSHOPS ;
PAGE 13-SENATE BILL 22-140 (II)  RESKILLING, UPSKILLING, AND NEXT-SKILLING OPPORTUNITIES;
(III)  S
UPPORT SERVICES;
(IV)  B
ASIC LITERACY OR NUMERACY INSTRUCTION OR TUTORING ;
(V)  W
ORKFORCE DEVELOPMENT SERVICES ; AND
(VI)  WORK-BASED LEARNING OPPORTUNITIES , INCLUDING
WORK
-BASED LEARNING OPPORTUNITIES CREATED IN SECTION 8-83-602; 
(c)  C
ONNECT TARGET POPULATIONS TO LOW -COST INTERNET
PROGRAMS AND RESOURCES
;
(d)  I
DENTIFY AND HELP DISTRIBUTE THE NECESSARY TECHNOLOGIES
TO TARGET POPULATIONS
;
(e)  P
ROVIDE AD HOC BASIC DIGITAL SKILLS SUPPORT TO TARGET
POPULATIONS
, INCLUDING:
(I)  S
ETTING UP A COMPUTER;
(II)  C
ONNECTING A DEVICE TO THE INTERNET ; AND
(III)  ASSISTING PEOPLE IN COMPLETING A JOB SEARCH, CREATING A
PROFILE THROUGH THE MY 
COLORADO JOURNEY PLATFORM ADMINISTERED
BY THE STATE WORK FORCE DEVELOPMENT COUNCIL
, CREATING AN
ACCOUNT WITH THE CONNECTING 
COLORADO STUDENTS GRANT PROGRAM
CREATED IN ARTICLE 
103 OF TITLE 23, AND APPLYING FOR PUBLIC BENEFITS
THROUGH ONLINE APPLICATIONS
;
(f)  S
ERVE AS ON-THE-GROUND DATA COLLECTORS TO PROVIDE A
DETAILED PICTURE OF 
COLORADO COMMUNITY NEEDS TO INFORM THE OFFICE
AND ITS PARTNERS DESCRIBED IN SUBSECTION 
(3) OF THIS SECTION ON
WHERE ADDITIONAL RESOURCES SHOULD BE INVESTED
; AND
(g)  ALIGN AND COORDINATE WITH OTHER NAVIGATOR PROGRAMS
AND SERVICE PROVIDERS
.
(2)  I
N ORDER TO BE CONSIDERED BY THE OFFICE FOR SELECTION AS
PAGE 14-SENATE BILL 22-140 THE ADMINISTERING ENTITY OF THE DIGITAL NAVIGATOR PROGRAM , AN
ENTITY SHALL SUBMIT AN APPLICATION TO THE OFFICE
, IN A FORM AND
MANNER ESTABLISHED BY THE OFFICE
, THAT:
(a)  D
EMONSTRATES THE ENTITY 'S RECORD OF CONDUCTING
OUTREACH TO A TARGET POPULATION OR MULTIPLE TARGET POPULATIONS
;
(b)  O
UTLINES HOW THE ENTITY PLANS TO PARTNER WITH
COMMUNITY ORGANIZATIONS THAT INCLUDE A PUBLIC SCHOOL
, A PUBLIC OR
MULTIFAMILY HOUSING AUTHORITY
, A LIBRARY, A HEALTH-CARE PROVIDER,
A COMMUNITY COLLEGE OR OTHER INSTITUTION OF HIGHER EDUCATION , A
STATE LIBRARY AGENCY
, A PUBLIC WORKFORCE CENTER , AND ANY OTHER
NONPROFIT OR GOVERNMENTAL COMMUNITY SUPPORT ORGANIZATION
, AS
APPLICABLE
, TO ACCOMPLISH THE PURPOSES OF THE PROGRAM ; AND
(c)  DESCRIBES THE ENTITY'S ADMINISTRATIVE CAPACITY TO
SUCCESSFULLY ADMINISTER THE PROGRAM
.
(3)  T
HE OFFICE SHALL WORK COLLABORATIVELY WITH OTHER
OFFICES AND DIVISIONS IN THE DEPARTMENT
, THE DEPARTMENT OF HIGHER
EDUCATION
, THE DEPARTMENT OF EDUCATION, THE COLORADO BROADBAND
OFFICE CREATED IN SECTION 
24-37.5-903, THE DEPARTMENT OF HUMAN
SERVICES
, THE OFFICE OF EHEALTH INNOVATION IN THE GOVERNOR 'S OFFICE,
AND THE OFFICE OF ECONOMIC DEVELOPMENT TO IDENTIFY AND SUPPORT
DIVERSE PARTNERS AND EMPLOYERS
.
(4) (a)  T
HE OFFICE SHALL SHARE OUTCOMES OF THE PROGRAM WITH
PARTNERS DESCRIBED IN SUBSECTION 
(3) OF THIS SECTION AND COLLECT
DATA CONCERNING THE PROGRAM THAT INCLUDES
:
(I)  T
HE OUTREACH ACTIVITIES CONDUCTED ;
(II)  T
HE NUMBER OF INDIVIDUALS SERVED BY THE NAVIGATORS AND
THE DE
-IDENTIFIED DEMOGRAPHICS OF THOSE INDIVIDUALS , INCLUDING
RACE
, GEOGRAPHIC REGION OR ZIP CODE, AND WHETHER THE INDIVIDUALS
MEET LOW
-INCOME CRITERIA AS DETERMINED BY THE DEPARTMENT ; AND
(III)  ANY OUTCOMES AND DATA TO MEASURE THE SUCCESS OF THE
PROGRAM
, INCLUDING SKILLS ATTAINMENT AND EMPLOYMENT ATTAINMENT .
PAGE 15-SENATE BILL 22-140 (b)  THE OFFICE SHALL INCLUDE THE OUTCOMES SHARED AND THE
DATA COLLECTED PURSUANT TO THIS SUBSECTION 
(4) IN THE PRESENTATIONS
REQUIRED BY SECTION 
8-83-602 AT THE HEARINGS HELD UNDER THE "STATE
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
(SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
(5)  F
OR THE 2022-23 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE TWO MILLION DOLLARS FROM THE GENERAL FUND TO
THE DEPARTMENT FOR USE BY THE OFFICE FOR THE PURPOSES OF THIS
SECTION
. ANY UNEXPENDED MONEY REMAINING AT THE END OF THE 2022-23
STATE FISCAL YEAR:
(a)  D
OES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND ;
(b)  M
AY BE USED BY THE DEPARTMENT IN THE 2023-24 STATE FISCAL
YEAR WITHOUT FURTHER APPROPRIATION
; AND
(c)  SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN THE
PURPOSES SET FORTH IN THIS SECTION
.
(6)  T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY
PROMULGATE RULES TO IMPLEMENT THIS SECTION
.
SECTION 3. In Colorado Revised Statutes, repeal and reenact,
with amendments, 8-3.7-102 as follows:
8-3.7-102.  Definitions. A
S USED IN THIS ARTICLE 3.7, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1)  "C
AREER-ALIGNED ESL CLASSES" OR "CAREER-ALIGNED ENGLISH
AS A SECOND LANGUAGE PROGRAM
" MEANS A CURRICULUM OR CLASSES
THAT SUPPORT SPECIFIC CAREERS OR OCCUPATIONS THROUGH THE
ALIGNMENT OF EDUCATION
, EMPLOYMENT, AND SKILLS PROGRAMS THAT
ACCELERATE AN INDIVIDUAL
'S ABILITY TO COMMUNICATE ON THE JOB OR IN
THE PURSUIT OF A JOB
.
(2)  "C
LASSES" INCLUDES VIRTUAL CLASSES WITH A LIVE TEACHER ,
RECORDED CLASSES, AND ADDITIONAL CURRICULUM AND OTHER SUPPORTS
ASSOCIATED WITH LEARNING
.
PAGE 16-SENATE BILL 22-140 (3)  "DEPARTMENT" MEANS THE DEPARTMENT OF LABOR AND
EMPLOYMENT CREATED IN SECTION 
24-1-121.
(4)  "E
NGLISH LANGUAGE LEARNER " OR "ELL" MEANS AN
INDIVIDUAL WHO IS LINGUISTICALLY DIVERSE AND WHO HAS A LEVEL OF
ENGLISH LANGUAGE PROFICIENCY THAT REQUIRES LANGUAGE SUPPORT .
(5)  "I
MMIGRANT" OR "NEW AMERICAN" MEANS A COLORADAN WHO
HAS ARRIVED
, OR AN INDIVIDUAL WHO WILL ARRIVE, TO COLORADO AS AN
IMMIGRANT OR REFUGEE AND INCLUDES THE INDIVIDUAL
'S CHILDREN.
"I
MMIGRANT" OR "NEW AMERICAN" INCLUDES: REFUGEES, ASYLEES,
SPECIAL IMMIGRANT VISA HOLDERS , VICTIMS OF TRAFFICKING, RECIPIENTS
OF THE FEDERAL DEFERRED ACTION FOR CHILDHOOD ARRIVALS PROGRAM
,
AND ALL OTHER IMMIGRANTS AND ASPIRING CITIZENS SEEKING
OPPORTUNITY
, SAFETY, OR REUNIFICATION OF FAMILY.
(6)  "I
NTEGRATION" MEANS A DYNAMIC, TWO-WAY PROCESS IN WHICH
IMMIGRANTS AND NEW 
AMERICANS AND THE RECEIVING COMMUNITY WORK
TOGETHER TO BUILD SECURE
, VIBRANT, AND COHESIVE COMMUNITIES
WITHOUT HAVING TO FOREGO THEIR OWN CULTURAL IDENTITY
.
(7)  "ONA"
 MEANS THE COLORADO OFFICE OF NEW AMERICANS
CREATED IN SECTION 
8-3.7-103.
(8)  "T
ASK FORCE" MEANS THE GLOBAL TALENT TASK FORCE CREATED
BY 
ONA IN SECTION IN 8-3.7-107.
(9)  "W
ORK-BASED LEARNING" HAS THE SAME MEANING AS SET
FORTH IN SECTION 
8-83-601 (15).
(10)  "W
ORKFORCE PARTNERS" INCLUDES ENTITIES THAT PROVIDE
WORK
-BASED LEARNING OPPORTUNITIES , JOB TRAINING, AND OTHER
SUPPORTS THAT ENABLE INDIVIDUALS TO CONNECT WITH IN
-DEMAND JOBS,
INDUSTRIES, AND OCCUPATIONS.
SECTION 4. In Colorado Revised Statutes, add 8-3.7-106 and
8-3.7-107 as follows:
8-3.7-106.  Virtual, career-aligned English as a second language
program - created - report - appropriation. (1)  O
N OR BEFORE JANUARY
PAGE 17-SENATE BILL 22-140 1, 2023, THE ONA SHALL ESTABLISH A VIRTUAL, CAREER-ALIGNED ENGLISH
AS A SECOND LANGUAGE PROGRAM TO
:
(a)  E
NSURE ELLS HAVE ACCESS TO WORK -BASED LEARNING,
JOB-TRAINING, AND EMPLOYMENT OPPORTUNITIES AND THE SUPPORTS THEY
NEED FOR SUCCESS IN THE CAREER
-ALIGNED ENGLISH AS A SECOND
LANGUAGE PROGRAM AND EMPLOYMENT WITH WORKFORCE PARTNERS AND
EMPLOYERS
;
(b)  F
ACILITATE WORK-BASED LEARNING BY PROVIDING ADDITIONAL
SUPPORT TO HELP EMPLOYERS AND OTHER WORKFORCE PARTNERS RECRUIT
,
SERVE, HIRE, AND PROMOTE ELLS;
(c)  P
ROVIDE EFFICIENT AND EFFECTIVE ACCESS TO ESTABLISHED ,
CAREER-ALIGNED ESL CLASSES FOR YOUTH AND ADULTS , WORK-BASED
LEARNING PARTICIPANTS
, AND OTHER JOB TRAINING PARTICIPANTS AND
THEIR EMPLOYERS
, PROGRAM ADMINISTRATORS , AND TEACHERS;
(d)  S
TREAMLINE ACCESS TO CAREER -ALIGNED ESL CLASSES
THROUGH THE PURCHASE OF LICENSES TO VIRTUAL PLATFORMS THAT ARE
THEN MADE AVAILABLE TO INTERESTED WORKFORCE PARTNERS AND
EMPLOYERS
; AND
(e)  ACCELERATE THE ADOPTION OF CAREER -ALIGNED ESL CLASSES
INTO EMPLOYER AND WORK
-BASED LEARNING PROGRAMS AND TRAINING
PROGRAMS FOR RESKILLING
, UPSKILLING, AND NEXT-SKILLING, AS THOSE
TERMS ARE DEFINED IN SECTION 
8-83-601.
(2)  T
HE VIRTUAL, CAREER-ALIGNED ENGLISH AS A SECOND
LANGUAGE PROGRAM SHALL ADDRESS
:
(a)  T
HE INTERSECTION OF ENGLISH LANGUAGE LEARNING WITH
OTHER WORK
-BASED LEARNING AND SKILL-BASED HIRING EFFORTS;
(b)  T
HE CHALLENGE OF INCORPORATING ELLS INTO OUR
WORKFORCE AND WORKFORCE PROGRAMS
, INCLUDING WORK -BASED
LEARNING OPPORTUNITIES
; AND
(c)  OPPORTUNITIES FOR EMPLOYERS TO INTEGRATE NEW AMERICANS
AND 
ELLS INTO WORKFORCE AND TALENT PIPELINES , IN RECOGNITION OF
PAGE 18-SENATE BILL 22-140 THE NEED FOR EQUITABLE OPPORTUNITIES AND THE IMPORTANCE OF
HARNESSING THE TALENTS OF SKILLED NEW 
AMERICANS AND ELLS IN THIS
STATE
.
(3) (a)  T
HE ONA SHALL:
(I)  T
HROUGH A PROCESS THAT COMPLIES WITH THE "PROCUREMENT
CODE", ARTICLES 101 TO 112 OF TITLE 24, SELECT AT LEAST ONE QUALIFIED
VENDOR WITH AN ESTABLISHED AND EXISTING VIRTUAL PLATFORM THAT
OFFERS CAREER
-ALIGNED ESL CLASSES IN IN-DEMAND INDUSTRIES AND
OCCUPATIONS
;
(II)  A
LLOCATE FUNDING TO THE VENDOR SELECTED IN SUBSECTION
(3)(a)(I) OF THIS SECTION:
(A)  F
OR THE PURCHASE OF INDIVIDUAL LICENSES THAT CAN BE
DISTRIBUTED TO INTERESTED AND SELECTED EMPLOYERS AND WORK
-BASED
LEARNING AND WORKFORCE PARTNERS FOR INDIVIDUALS TO ACCESS
VIRTUAL CLASSES AND PLATFORMS
; AND
(B)  TO CREATE NEW CAREER-ALIGNED ESL CLASSES, AS NEEDED,
FOR COLORADO'S IN-DEMAND OCCUPATIONS ;
(III)  D
ETERMINE THE MOST EFFICIENT METHOD FOR DISTRIBUTING
LICENSES FOR CAREER
-ALIGNED ESL CLASSES THROUGH A STREAMLINED
PROCESS TO REDUCE BARRIERS TO PARTICIPATION
, WITH A FOCUS ON SMALL-
TO MEDIUM-SIZED EMPLOYERS AND WORK -BASED LEARNING AND
WORKFORCE PARTNERS WITH EXISTING RELATIONSHIPS WITH THE
DEPARTMENT AND ON OTHER STATE AGENCIES AND PARTNERS
, INCLUDING
LOCAL WORKFORCE CENTERS
, SCHOOLS, INSTITUTIONS OF HIGHER
EDUCATION
, AND NONPROFIT ORGANIZATIONS ;
(IV)  C
OMMUNICATE THE OPPORTUNITIES CREATED THROUGH THIS
SECTION HOLISTICALLY AND STATEWIDE
, WITH A FOCUS ON AREAS OF THE
STATE WITH HIGHER PROPORTIONS OF 
ELLS AND NEW AMERICANS AND IN
AREAS WITHOUT EXISTING CAREER
-ALIGNED ESL CLASSES OR WITH
ADDITIONAL BARRIERS
, SUCH AS TRANSPORTATION BARRIERS , THAT
CURRENTLY PREVENT 
COLORADANS FROM PARTICIPATING IN ESL CLASSES,
INCLUDING IN RURAL AREAS;
PAGE 19-SENATE BILL 22-140 (V)  WORK COLLABORATIVELY WITH OTHER OFFICES AND DIVISIONS
IN THE DEPARTMENT
, THE DEPARTMENT OF HIGHER EDUCATION , THE
DEPARTMENT OF HUMAN SERVICES
, AND THE OFFICE OF ECONOMIC
DEVELOPMENT TO IDENTIFY DIVERSE PARTNERS AND EMPLOYERS AND
ADDITIONAL SUPPORTS FOR PARTICIPANTS TO ENSURE THEIR SUCCESS
;
(VI)  S
HARE OUTCOMES OF THE VIRTUAL CAREER -ALIGNED ENGLISH
AS A SECOND LANGUAGE PROGRAM WITH THE EMPLOYER COMMUNITY
; AND
(VII)  COLLECT DATA CONCERNING THE PROGRAM THAT INCLUDES :
(A)  T
HE TYPES OF ENTITIES SUPPORTED, SUCH AS AN EMPLOYER OR
APPRENTICESHIP PROGRAM
, AND THEIR LOCATION IN COLORADO;
(B)  T
HE NUMBER OF PARTICIPATING ENTITIES;
(C)  T
HE NUMBER OF INDIVIDUALS SERVED AT EACH ENTITY AND
THEIR DEMOGRAPHICS
;
(D)  T
HE CAREERS OR OCCUPATIONS SUPPORTED BY THE VIRTUAL
CAREER
-ALIGNED ENGLISH AS A SECOND LANGUAGE PROGRAM ; AND
(E)  ANY OUTCOMES AND DATA TO MEASURE THE SUCCESS OF THE
VIRTUAL CAREER
-ALIGNED ENGLISH AS A SECOND LANGUAGE PROGRAM .
(b)  I
N CONJUNCTION WITH THE DEPARTMENT , THE ONA SHALL
INCLUDE THE INFORMATION IN THIS SUBSECTION 
(3) IN THE PRESENTATIONS
REQUIRED BY SECTION 
8-83-602 AT THE HEARINGS HELD UNDER THE "STATE
MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
(SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
(4)  F
OR THE 2022-23 STATE FISCAL YEAR THE GENERAL ASSEMBLY
SHALL APPROPRIATE ONE MILLION ONE HUNDRED THOUS AND DOLLARS FROM
THE GENERAL FUND TO THE DEPARTMENT
, FOR USE BY ONA FOR THE
PURPOSES OF THIS SECTION
. ANY UNEXPENDED MONEY REMAINING AT THE
END OF THE 
2022-23 STATE FISCAL YEAR:
(a)  D
OES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND ;
(b)  M
AY BE USED BY THE DEPARTMENT IN THE 2023-24 STATE FISCAL
PAGE 20-SENATE BILL 22-140 YEAR WITHOUT FURTHER APPROPRIATION ; AND
(c)  SHALL NOT BE USED FOR ANY OTHER PURPOSE OTHER THAN THE
PURPOSES SET FORTH IN THIS SECTION
.
8-3.7-107.  Global talent task force - created - repeal. (1)  O
N OR
BEFORE 
SEPTEMBER 1, 2022, THE ONA SHALL ESTABLISH A GLOBAL TALENT
TASK FORCE THAT INCLUDES DIVERSE REPRESENTATION REFLECTIVE OF THE
STATE
. THE TASK FORCE SHALL:
(a)  S
TUDY THE PATHWAYS FOR OBTAINING CERTAIN IN -DEMAND
OCCUPATIONAL LICENSES AND INTERNATIONAL CREDENTIALS TO TAKE
ADVANTAGE OF THE GLOBAL POOL OF SKILLED WORKERS IN 
COLORADO. THE
TASK FORCE SHALL CHOOSE AT LEAST FIVE OCCUPATIONS THAT ARE
RESPONSIVE TO WORKFORCE NEEDS
, AS DETERMINED BY THE ANNUAL
COLORADO TALENT REPORT PREPARED PURSUANT TO SECTION 24-46.6-103
(3),
 AND THAT ARE OCCUPATIONS IN WHICH THE STATE HAS THE NEED FOR
AND AN ABILITY TO PROVIDE OVERSIGHT
, INCLUDING OCCUPATIONS IN EARLY
CHILDHOOD EDUCATION AND CARE
, EDUCATION, AND HEALTH CARE, WITH
A PRIORITY GIVEN TO THE PRACTICE OF NURSING
.
(b)  A
CCELERATE AND EXPAND WORK THAT THE DEPARTMENT AND
OTHER STATE AGENCIES HAVE DONE TO INTEGRATE NEW 
AMERICANS AND
INTERNATIONALLY TRAINED PROFESSIONALS INTO THE WORKFORCE
; AND
(c)  PROVIDE POLICY AND PROGRAMMATIC RECOMMENDATIONS TO
THE GOVERNOR AND THE GENERAL ASSEMBLY TO INCREASE THE ABILITY OF
THE STATE TO HARNESS THE SKILLS OF NEW 
AMERICANS, INCLUDING
THROUGH WORK
-BASED LEARNING OPPORTUNITIES .
(2)  T
HE ONA SHALL PROVIDE ADMINISTRATIVE STAFF TO SUPPORT
THE TASK FORCE
.
(3) (a)  O
N OR BEFORE SEPTEMBER 1, 2022:
(I)  T
HE DIRECTOR OF THE ONA SHALL APPOINT TWELVE MEMBERS
OF THE TASK FORCE AS FOLLOWS
:
(A)  T
HREE INTERNATIONALLY TRAINED PROFESSIONALS ;
PAGE 21-SENATE BILL 22-140 (B)  THREE REPRESENTATIVES OF COMMUNITY -BASED
ORGANIZATIONS OR COALITIONS SERVING NEW 
AMERICANS AND
INTERNATIONALLY TRAINED PROFESSIONALS
;
(C)  O
NE REPRESENTATIVE OF WORK-BASED LEARNING PROGRAMS OR
PROVIDERS OF EXPERIENTIAL LEARNING OPPORTUNITIES
;
(D)  O
NE REPRESENTATIVE OF EMPLOYERS PARTICIPATING IN A
WORK
-BASED LEARNING PROGRAM ;
(E)  T
WO REPRESENTATIVES OF IN-DEMAND INDUSTRIES, SUCH AS
EDUCATION OR HEALTH CARE
;
(F)  O
NE REPRESENTATIVE OF LOCAL DISTRICT COLLEGES ; AND
(G)  ONE REPRESENTATIVE OF THE STATE WORK FORCE
DEVELOPMENT COUNCIL CREATED IN SECTION 
24-46.3-101.
(II)  T
HE PRESIDENT OF THE SENATE SHALL APPOINT TWO MEMBERS
OF THE SENATE TO THE TASK FORCE
, ONE OF WHOM REPRESENTS RURAL
COMMUNITIES
;
(III)  T
HE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
APPOINT TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE TASK
FORCE
, ONE OF WHOM REPRESENTS RURAL COMMUNITIES ;
(IV)  T
HE MINORITY LEADER OF THE SENATE SHALL APPOINT ONE
MEMBER OF THE SENATE TO THE TASK FORCE
;
(V)  T
HE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
SHALL APPOINT ONE MEMBER OF THE HOUSE OF REPRESENTATIVES TO THE
TASK FORCE
; AND
(VI)  THE GOVERNOR SHALL APPOINT ONE REPRESENTATIVE OF THE
OFFICE OF THE GOVERNOR
.
(b)  T
HE TASK FORCE ALSO CONSISTS OF:
(I)  T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR THE
EXECUTIVE DIRECTOR
'S DESIGNEE;
PAGE 22-SENATE BILL 22-140 (II)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REGULATORY
AGENCIES OR THE EXECUTIVE DIRECTOR
'S DESIGNEE;
(III)  T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HIGHER
EDUCATION OR THE EXECUTIVE DIRECTOR
'S DESIGNEE;
(IV)  T
HE COMMISSIONER OF EDUCATION OR THE COMMISSIONER 'S
DESIGNEE
; AND
(V)  THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY
CHILDHOOD EDUCATION OR THE EXECUTIVE DIRECTOR
'S DESIGNEE.
(c)  T
HE ONA MAY, AS APPROPRIATE, PROVIDE A FIFTY-DOLLAR
STIPEND TO EACH TASK FORCE MEMBER PER TASK FORCE MEETING THAT THE
MEMBER ATTENDS TO RECOGNIZE THE TASK FORCE MEMBERS WHO ARE NOT
OTHERWISE COMPENSATED FOR THE TIME SERVED ON THE TASK FORCE
.
(4)  O
N OR BEFORE DECEMBER 31, 2023, THE TASK FORCE SHALL
REPORT ITS FINDINGS AND RECOMMENDATIONS MADE PURSUANT TO THIS
SECTION TO THE OFFICE OF THE GOVERNOR AND TO THE GENERAL ASSEMBLY
AND SHALL MAKE THE REPORT AVAILABLE TO THE PUBLIC
.
(5)  T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2024. 
SECTION 5. In Colorado Revised Statutes, amend 8-77-110 as
follows:
8-77-110.  Office of future work - study - report. (1)  The office
of future of
 work in the department of labor and employment, created by
executive order B 2019 009, shall, within the scope of the executive order,
study unemployment assistance as part of its study on the modernization of
worker benefits and protections.
(2)   On or before January 15, 2021, the office of the
 future of work
shall submit an initial report as directed by the executive order B 2019 009
to the governor and 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.
SECTION 6. In Colorado Revised Statutes, 22-10-103, add (10.5)
PAGE 23-SENATE BILL 22-140 as follows:
22-10-103.  Definitions. As used in this article 10, unless the context
otherwise requires:
(10.5)  
 "WORK-BASED LEARNING" HAS THE SAME MEANING AS SET
FORTH IN SECTION 
8-83-601 (15).
SECTION 7. In Colorado Revised Statutes, 22-10-104, amend
(1)(d) as follows:
22-10-104.  Adult education and literacy grant program - created
- rules. (1) (d)  An adult education provider may use grant money received
pursuant to this article 10 in combination with any money received from
other public or private sources. An adult education provider may use grant
money received pursuant to this article 10 on behalf of a student who:
(I)  Lacks basic literacy or numeracy skills; or who(II)  Is enrolled in or has completed the adult education and literacy
program; or
(III)  Is receiving training from a postsecondary education or training
provider or from a workforce development provider that participates in a
workforce development partnership with the adult education provider; 
OR
(IV)  IS PARTICIPATING IN WORK-BASED LEARNING.
SECTION 8. In Colorado Revised Statutes, 22-14-102, amend the
introductory portion; and add (18) as follows:
22-14-102.  Definitions. As used in this article ARTICLE 14, unless
the context otherwise requires:
(18)   "W
ORK-BASED LEARNING" HAS THE SAME MEANING AS SET
FORTH IN SECTION 
8-83-601 (15).
SECTION 9. In Colorado Revised Statutes, 22-14-109, amend (1)
as follows:
PAGE 24-SENATE BILL 22-140 22-14-109.  Student re-engagement grant program - rules -
application - grants - report. (1)  There is hereby created within the
department the student re-engagement grant program to provide grant
money to local education providers to use in providing educational services
and supports, 
INCLUDING WORK-BASED LEARNING, to students to maintain
student engagement and support student re-engagement in high school.
Subject to available appropriations, the state board shall award student
re-engagement grants to local education providers from money appropriated
pursuant to subsection (4) of this section.
SECTION 10. In Colorado Revised Statutes, 22-14-109.5, amend
(5)(d) as follows:
22-14-109.5.  Ninth-grade success grant program - created -
criteria - use of grant money - report - rules - definitions - repeal. (5)  A
local education provider or charter school that receives a grant through the
program must use the grant money to implement a ninth-grade success
program that, at a minimum, must include the following elements:
(d)  Identifying and prioritizing services, 
SUCH AS WORK-BASED
LEARNING
, for ninth-grade students who are at risk of academic failure in
ninth grade;
SECTION 11. In Colorado Revised Statutes, 22-32-138.5, amend
(2) introductory portion, (2)(b)(II), (2)(b)(VIII), (2)(b)(IX), and (2)(b)(X);
and add (2)(b)(XI) as follows:
22-32-138.5.  Educational stability grant program - application
- grants - fund created - rules - report - definition. (2)  The state board
of education shall adopt rules pursuant to the "State Administrative
Procedure Act", article 4 of title 24, for implementation of the grant
program. At a minimum, the rules shall
 MUST include:
(b)  The information to be included on grant applications, including
at a minimum:
(II)  A description of services to be provided through the grant,
including a description of innovative practices to address barriers for
students; in out-of-home placement;
PAGE 25-SENATE BILL 22-140 (VIII)  The provision of services for students in out-of-home
placement who receive special education services;
(IX)  Access to extracurricular activities for students in out-of-home
placement; and WHO RECEIVE SPECIAL EDUCATION SERVICES ;
(X)  Transition practices relating to school moves for students; in
out-of-home placement. AND
(XI) (A)  ENGAGEMENT IN ACADEMIC SUPPORTS , SUCH AS
WORK
-BASED LEARNING.
(B)  A
S USED IN THIS SUBSECTION (2)(b)(XI), "WORK-BASED
LEARNING
" HAS THE SAME MEANING AS SET FORTH IN SECTION 8-83-601
(15).
SECTION 12. In Colorado Revised Statutes, 22-35.3-102, add (12)
as follows:
22-35.3-102.  Definitions. As used in this article 35.3, unless the
context otherwise requires:
(12)   "W
ORK-BASED LEARNING" HAS THE SAME MEANING AS SET
FORTH IN SECTION 
8-83-601 (15).
SECTION 13. In Colorado Revised Statutes, 22-35.3-103, amend
(2) introductory portion and (2)(b) as follows:
22-35.3-103.  Pathways in technology early college high schools
- design - requirements - approval. (2)  A p-tech school to be operated by
a local education provider must be jointly approved by the commissioner of
education and the executive director of the department of higher education.
The commissioner and the executive director shall jointly establish time
lines TIMELINES and procedures by which a local education provider may
apply to operate a p-tech school and shall develop a model p-tech agreement
template that may be used by an applicant. The application must include:
(b)  The operational model for the p-tech school, including but not
limited to curricula, instructional practices, faculty roles, student support
structures, class schedules, experiential learning opportunities,
PAGE 26-SENATE BILL 22-140 WORK-BASED LEARNING, and the associate degrees that students may attain
through the p-tech school;
SECTION 14. In Colorado Revised Statutes, 22-91-102, add (9) as
follows:
22-91-102.  Definitions. As used in this article 91, unless the context
otherwise requires:
(9)  "W
ORK-BASED LEARNING" HAS THE SAME MEANING AS SET
FORTH IN SECTION 
8-83-601 (15).
SECTION 15. In Colorado Revised Statutes, 22-91-103, amend
(1)(a) as follows:
22-91-103.  School counselor corps grant program - created -
rules. (1) (a)  There is created in the department the school counselor corps
grant program to provide funding to education providers. The goal
 GOALS
of the program is ARE to:
(I)  Increase the availability of effective school-based counseling to
help increase the graduation rate within the state and increase the
percentage of students who appropriately prepare for, apply to, and continue
into postsecondary education; 
AND
(II)  SUPPORT WORK-BASED LEARNING AWARENESS AND EDUCATION
FOR STUDENTS AT THE MIDDLE SCHOOL AND HIGH SCHOOL LEVELS AND
WORK
-BASED LEARNING OPPORTUNITIES AT THE HIGH SCHOOL LEVEL .
SECTION 16. In Colorado Revised Statutes, 23-3.3-1002, add (10)
as follows:
23-3.3-1002.  Definitions. As used in this part 10, unless the context
otherwise requires:
(10)   "W
ORK-BASED LEARNING" HAS THE SAME MEANING AS SET
FORTH IN SECTION 
8-83-601 (15).
SECTION 17. In Colorado Revised Statutes, 23-3.3-1004, amend
(4) introductory portion, (4)(a)(III)(D), and (4)(a)(III)(E); and add
PAGE 27-SENATE BILL 22-140 (4)(a)(III)(F) as follows:
23-3.3-1004.  Colorado opportunity scholarship initiative
advisory board - created - duties - rules - repeal. (4)  The board shall
hold its first meeting on or before November 1, 2014, at a time and place to
be designated by the executive director or by the executive director's
designee. The board shall meet at least four times each year and shall carry
out the following duties:
(a)  Promulgate rules for administration of the initiative, including
but not limited to the following:
(III)  Rules establishing permissible uses of grant and scholarship
money from the initiative, which rules must stipulate that:
(D)  To the extent practicable, grants of financial assistance must be
awarded to students representing rural and urban areas of the state and to
students attending area technical colleges, community colleges, four-year
institutions of higher education, and research institutions; and
(E)  To the extent practicable, financial assistance must be evenly
distributed between students with an expected family contribution of less
than one hundred percent of the annual federal PELL grant award and
students with an expected family contribution between one hundred percent
and two hundred fifty percent of the annual federal PELL grant award; 
AND
(F)  TO THE EXTENT PRACTICABLE, GRANT AND SCHOLARSHIP MONEY
MAY BE USED FOR WORK
-BASED LEARNING;
SECTION 18. In Colorado Revised Statutes, 23-3.3-1303, amend
(1)(b) as follows:
23-3.3-1303.  Fourth-year innovation pilot program - creation -
eligibility - award of state funding - commission policies. (1) (b)  The
pilot program is limited to five
 local education providers or group of
providers with the first cohort of graduates graduating early during the
2021-22 school year and the last cohort of graduates graduating early during
the 2025-26 school year. E
ACH YEAR OF THE PROGRAM , a local education
provider or a group of local education providers may apply to the
department to participate in the pilot program. A
 SCHOOL OR LOCAL
PAGE 28-SENATE BILL 22-140 EDUCATION PROVIDER APPROVED BY THE DEPARTMENT MAY BE ADDED TO
AN EXISTING GROUP OF LOCAL EDUCATION PROVIDERS
. The commission
shall select pilot program participants, including a mix of urban, suburban,
and rural local education providers. In the pilot program application, the
applicant or applicants shall indicate which high schools are participating
in the pilot program. With approval of the charter school, a school district
that is selected to participate in the pilot program may also include a charter
school authorized by the school district as one of its designated high
schools.
SECTION 19. In Colorado Revised Statutes, 24-46.3-602, amend
(3) as follows:
24-46.3-602.  Definitions. As used in this part 6 and part 7 of this
article 46.3, unless the context otherwise requires:
(3)  "Incumbent worker" means a worker who qualifies as an
incumbent worker under 20 CFR 680.780 IS CURRENTLY EMPLOYED AND
EXPECTS TO REMAIN EMPLOYED BY THE SAME EMPLOYER DURING AND AFTER
PARTICIPATION IN A TRAINING PROGRAM OR TRAINING OPPORTUNITY
.
SECTION 20. Appropriation. (1)  For the 2022-23 state fiscal
year, $6,100,000 is appropriated to the department of labor and
employment. This appropriation is from the general fund. To implement this
act, the department may use this appropriation as follows:
(a)  $3,000,000 for state operations and program costs, which amount
is based on an assumption that the division of employment and training will
require an additional 2.3 FTE;
(b)  $2,000,000 for the office of future work, which amount is based
on an assumption that the executive director's office will require an
additional 0.9 FTE; and
(c)  $1,100,000 for the office of new Americans, which amount is
based on an assumption that the executive director's office will require an
additional 1.9 FTE. 
(2)  Any money appropriated in this subsection (1) not expended
prior to July 1, 2023, is further appropriated to the department for the
PAGE 29-SENATE BILL 22-140 2023-24 state fiscal year for the same purpose.
(3)  For the 2022-23 state fiscal year, $11,319 is appropriated to the
legislative department for use by the general assembly. This appropriation
is from the general fund. To implement this act, the general assembly may
use this appropriation for per diem and travel reimbursement expenses.
SECTION 21. Effective date. This act takes effect July 1, 2022.
SECTION 22. Safety clause. The general assembly hereby finds,
PAGE 30-SENATE BILL 22-140 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________  ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________  ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 31-SENATE BILL 22-140