8 | | - | ONCERNING TECHNICAL MODIFICATIONS TO THE DEPARTMENT OF EARLY |
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9 | | - | CHILDHOOD |
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10 | | - | . |
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11 | | - | |
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12 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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13 | | - | SECTION 1. In Colorado Revised Statutes, 26.5-1-106, amend (7) |
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14 | | - | as follows: |
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15 | | - | 26.5-1-106. Transfer of functions - employees - property - |
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16 | | - | contracts. (7) The executive director, or the executive director's designee, |
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17 | | - | may |
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18 | | - | SEEK, accept, AND EXPEND, on behalf of and in the name of the state, |
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19 | | - | gifts, grants, and donations for any purpose connected with the powers, |
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20 | | - | duties, and functions of the department. The state treasurer shall hold any |
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21 | | - | property so given, but the executive director, or the executive director's |
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22 | | - | designee, may direct the disposition of any property so given for any |
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23 | | - | purpose consistent with the terms and conditions under which the gift was |
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24 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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25 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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26 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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27 | | - | history, or the Session Laws. |
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28 | | - | ________ |
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29 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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30 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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31 | | - | the act. created. |
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32 | | - | SECTION 2. In Colorado Revised Statutes, 26.5-2-209, amend (2) |
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33 | | - | as follows: |
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34 | | - | 26.5-2-209. Early childhood cash fund - creation. (2) The |
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35 | | - | department is authorized to seek, and accept, AND EXPEND, gifts, grants, or |
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36 | | - | donations from private and public sources for the purposes of this part 2. |
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37 | | - | All private and public money received through gifts, grants, or donations |
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38 | | - | must be transmitted to the state treasurer, who shall credit the same to the |
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39 | | - | fund. The money in the fund is subject to annual appropriation by the |
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40 | | - | general assembly to the department for the direct and indirect costs |
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41 | | - | associated with the implementation of this part 2. |
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42 | | - | SECTION 3. In Colorado Revised Statutes, 26.5-3-103, amend |
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43 | | - | (1)(c)(III) as follows: |
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44 | | - | 26.5-3-103. Program created - repeal. (1) (c) (III) The department |
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45 | | - | may |
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46 | | - | SEEK, accept, and expend any grants from any public or private source |
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47 | | - | for the purpose of making grants to community applicants for the |
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48 | | - | establishment or continued operation of family resource centers and for the |
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49 | | - | purpose of evaluating the effectiveness of the family resource center |
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50 | | - | program. This part 1 does not prohibit a family resource center from |
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51 | | - | SEEKING, accepting, and expending funds received through an authorized |
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52 | | - | contract, grants, or donations from public or private sources. |
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53 | | - | SECTION 4. In Colorado Revised Statutes, 26.5-3-204, amend |
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54 | | - | (2)(e); and add (2)(l) as follows: |
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55 | | - | 26.5-3-204. Colorado child abuse prevention board - creation - |
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56 | | - | members - terms - vacancies. (2) The board consists of nineteen |
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57 | | - | members, with a consideration for geographic diversity, as follows: |
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58 | | - | (e) Three TWO persons appointed by the governor and confirmed by |
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59 | | - | the senate who are knowledgeable in the area of child abuse prevention and |
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60 | | - | represent some of the following areas: Law enforcement, medicine, law, |
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61 | | - | business, public policy, mental health, intimate partner violence, early |
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62 | | - | childhood education, elementary and secondary education, reducing poverty |
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63 | | - | and helping families gain economic stability, the connection between |
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64 | | - | housing instability and trauma, higher education, research and program |
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65 | | - | PAGE 2-HOUSE BILL 23-1235 evaluation, and social work. In making appointments to the board, the |
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66 | | - | governor is encouraged to include representation by at least one member |
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67 | | - | who is a person with a disability, as defined in section 24-34-301 (2.5), a |
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68 | | - | family member of a person with a disability, or a member of an advocacy |
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69 | | - | group for persons with disabilities, so long as the other requirements of this |
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70 | | - | subsection (2)(e) are met. |
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| 13 | + | ONCERNING TECHNICAL MODIFICAT IONS TO THE DEPARTMENT OF101 |
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| 14 | + | EARLY CHILDHOOD .102 |
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| 15 | + | Bill Summary |
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| 16 | + | (Note: This summary applies to this bill as introduced and does |
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| 17 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 18 | + | passes third reading in the house of introduction, a bill summary that |
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| 19 | + | applies to the reengrossed version of this bill will be available at |
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| 20 | + | http://leg.colorado.gov |
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| 21 | + | .) |
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| 22 | + | Title 26.5 of the Colorado Revised Statutes relates primarily to |
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| 23 | + | early childhood programs and services. In 2022, the general assembly |
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| 24 | + | enacted House Bill 22-1295, which established the duties of the |
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| 25 | + | department of early childhood (department), relocated early childhood |
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| 26 | + | programs from the departments of human services and education to the |
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| 27 | + | department, and created the Colorado universal preschool program in the |
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| 28 | + | SENATE |
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| 29 | + | 3rd Reading Unamended |
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| 30 | + | April 20, 2023 |
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| 31 | + | SENATE |
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| 32 | + | 2nd Reading Unamended |
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| 33 | + | April 19, 2023 |
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| 34 | + | HOUSE |
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| 35 | + | 3rd Reading Unamended |
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| 36 | + | April 11, 2023 |
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| 37 | + | HOUSE |
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| 38 | + | Amended 2nd Reading |
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| 39 | + | April 10, 2023 |
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| 40 | + | HOUSE SPONSORSHIP |
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| 41 | + | Sirota, Bacon, Bird, Boesenecker, Brown, Epps, Froelich, Garcia, Hamrick, Jodeh, Lieder, |
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| 42 | + | Lindstedt, Marshall, Martinez, McLachlan, Michaelson Jenet, Ortiz, Ricks, Snyder, Young |
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| 43 | + | SENATE SPONSORSHIP |
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| 44 | + | Buckner, Bridges, Coleman, Cutter, Exum, Fenberg, Fields, Gonzales, Marchman, Priola, |
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| 45 | + | Sullivan, Winter F., Zenzinger |
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| 46 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 47 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 48 | + | Dashes through the words or numbers indicate deletions from existing law. department. |
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| 49 | + | The bill makes technical changes to title 26.5 and related statutes, |
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| 50 | + | including: |
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| 51 | + | ! Updates language regarding gifts, grants, and donations to |
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| 52 | + | achieve uniformity; |
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| 53 | + | ! Allows the department to enter into sole source contracts |
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| 54 | + | for early literacy programming and whole-child services; |
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| 55 | + | ! Adds the executive director of the department to the health |
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| 56 | + | equity commission; |
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| 57 | + | ! Adds the commissioner of the behavioral health |
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| 58 | + | administration to the Colorado child abuse prevention |
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| 59 | + | board; |
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| 60 | + | ! Clarifies reporting dates to ensure the department can |
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| 61 | + | complete and report data in a timely manner; |
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| 62 | + | ! Clarifies the department's responsibilities concerning child |
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| 63 | + | abuse or neglect record checks; |
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| 64 | + | ! Amends background and record check language to align |
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| 65 | + | with current federal and state practices and standards; |
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| 66 | + | ! Clarifies definitions; |
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| 67 | + | ! Updates references from "ICON" to "Colorado state courts |
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| 68 | + | data access system"; and |
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| 69 | + | ! Eliminates technical language no longer used in child care |
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| 70 | + | licensing. |
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| 71 | + | The bill makes conforming amendments. |
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| 72 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 73 | + | SECTION 1. In Colorado Revised Statutes, 26.5-1-106, amend2 |
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| 74 | + | (7) as follows:3 |
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| 75 | + | 26.5-1-106. Transfer of functions - employees - property -4 |
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| 76 | + | contracts. (7) The executive director, or the executive director's5 |
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| 77 | + | designee, may |
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| 78 | + | SEEK, accept, AND EXPEND, on behalf of and in the name6 |
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| 79 | + | of the state, gifts, grants, and donations for any purpose connected with7 |
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| 80 | + | the powers, duties, and functions of the department. The state treasurer8 |
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| 81 | + | shall hold any property so given, but the executive director, or the9 |
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| 82 | + | executive director's designee, may direct the disposition of any property10 |
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| 83 | + | so given for any purpose consistent with the terms and conditions under11 |
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| 84 | + | 1235-2- which the gift was created.1 |
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| 85 | + | SECTION 2. In Colorado Revised Statutes, 26.5-2-209, amend2 |
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| 86 | + | (2) as follows:3 |
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| 87 | + | 26.5-2-209. Early childhood cash fund - creation. (2) The4 |
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| 88 | + | department is authorized to seek, and accept, AND EXPEND, gifts, grants,5 |
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| 89 | + | or donations from private and public sources for the purposes of this part6 |
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| 90 | + | 2. All private and public money received through gifts, grants, or7 |
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| 91 | + | donations must be transmitted to the state treasurer, who shall credit the8 |
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| 92 | + | same to the fund. The money in the fund is subject to annual9 |
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| 93 | + | appropriation by the general assembly to the department for the direct and10 |
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| 94 | + | indirect costs associated with the implementation of this part 2.11 |
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| 95 | + | SECTION 3. In Colorado Revised Statutes, 26.5-3-103, amend12 |
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| 96 | + | (1)(c)(III) as follows:13 |
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| 97 | + | 26.5-3-103. Program created - repeal. (1) (c) (III) The14 |
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| 98 | + | department may |
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| 99 | + | SEEK, accept, and expend any grants from any public or15 |
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| 100 | + | private source for the purpose of making grants to community applicants16 |
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| 101 | + | for the establishment or continued operation of family resource centers17 |
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| 102 | + | and for the purpose of evaluating the effectiveness of the family resource18 |
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| 103 | + | center program. This part 1 does not prohibit a family resource center19 |
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| 104 | + | from |
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| 105 | + | SEEKING, accepting, and expending funds received through an20 |
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| 106 | + | authorized contract, grants, or donations from public or private sources.21 |
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| 107 | + | SECTION 4. In Colorado Revised Statutes, 26.5-3-204, amend22 |
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| 108 | + | (2)(e); and add (2)(l) as follows:23 |
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| 109 | + | 26.5-3-204. Colorado child abuse prevention board - creation24 |
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| 110 | + | - members - terms - vacancies. (2) The board consists of nineteen25 |
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| 111 | + | members, with a consideration for geographic diversity, as follows:26 |
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| 112 | + | (e) Three |
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| 113 | + | TWO persons appointed by the governor and confirmed27 |
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| 114 | + | 1235 |
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| 115 | + | -3- by the senate who are knowledgeable in the area of child abuse1 |
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| 116 | + | prevention and represent some of the following areas: Law enforcement,2 |
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| 117 | + | medicine, law, business, public policy, mental health, intimate partner3 |
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| 118 | + | violence, early childhood education, elementary and secondary education,4 |
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| 119 | + | reducing poverty and helping families gain economic stability, the5 |
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| 120 | + | connection between housing instability and trauma, higher education,6 |
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| 121 | + | research and program evaluation, and social work. In making7 |
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| 122 | + | appointments to the board, the governor is encouraged to include8 |
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| 123 | + | representation by at least one member who is a person with a disability,9 |
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| 124 | + | as defined in section 24-34-301 (2.5), a family member of a person with10 |
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| 125 | + | a disability, or a member of an advocacy group for persons with11 |
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| 126 | + | disabilities, so long as the other requirements of this subsection (2)(e) are12 |
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| 127 | + | met.13 |
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83 | | - | SEEK, accept, AND EXPEND contributions, grants, gifts, bequests, |
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84 | | - | and donations from individuals, private organizations, and foundations; and |
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85 | | - | SECTION 6. In Colorado Revised Statutes, 26.5-3-805, amend (4) |
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86 | | - | as follows: |
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87 | | - | 26.5-3-805. Early care and education recruitment and retention |
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88 | | - | grant and scholarship program - created - criteria and eligibility - |
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89 | | - | grant and scholarship awards - reports - funding - rules - definitions - |
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90 | | - | repeal. (4) The executive director shall |
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91 | | - | MAY promulgate rules regarding |
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92 | | - | criteria, timelines, and the administration of the program pursuant to the |
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93 | | - | requirements outlined in this section. |
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94 | | - | SECTION 7. In Colorado Revised Statutes, 26.5-4-114, amend |
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95 | | - | (1)(f) as follows: |
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96 | | - | 26.5-4-114. Colorado child care assistance program - reporting |
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97 | | - | requirements. (1) On or before November 1, 2022, and on or before |
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98 | | - | November 1 each year thereafter, the department shall prepare a report on |
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99 | | - | CCCAP. Notwithstanding section 24-1-136 (11)(a)(I), the department shall |
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100 | | - | provide the report to the joint budget committee of the general assembly, the |
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101 | | - | public and behavioral health and human services committee of the house of |
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102 | | - | PAGE 3-HOUSE BILL 23-1235 representatives, and the health and human services committee of the senate, |
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103 | | - | or any successor committees. The report must include, at a minimum, the |
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104 | | - | following information related to benchmarks of success for CCCAP: |
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105 | | - | (f) The number of families on each county's wait list as of |
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106 | | - | November 1 |
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107 | | - | OCTOBER 1 of each year, as well as the average length of time |
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108 | | - | each family remains on the wait list in each county; |
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109 | | - | SECTION 8. In Colorado Revised Statutes, 26.5-4-208, amend |
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110 | | - | (4)(a) and (6)(d) as follows: |
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111 | | - | 26.5-4-208. Preschool provider funding - per-child rates - local |
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112 | | - | contribution - distribution and use of money - definitions - repeal. |
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113 | | - | (4) (a) Notwithstanding any provision of this section to the contrary, if the |
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114 | | - | funding that a preschool provider that is a school district or a charter school |
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115 | | - | receives pursuant to this section for eligible children enrolled in the |
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116 | | - | preschool program for the 2023-24 fiscal year, calculated as the per-child |
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117 | | - | rates for the 2023-24 fiscal year multiplied by the number of eligible |
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118 | | - | children the preschool provider enrolls for the 2023-24 fiscal year, is less |
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119 | | - | than the amount of funding allotted for the 2022-23 fiscal year for the |
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120 | | - | children the preschool provider enrolled through the Colorado preschool |
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121 | | - | program, as it exists prior to July 1, 2023, calculated as fifty percent of the |
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122 | | - | preschool provider's per pupil funding, as described in section 22-54-104 |
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123 | | - | (3) or (3.5), whichever is applicable, for the 2022-23 fiscal year multiplied |
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124 | | - | by the number of children |
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125 | | - | PRESCHOOL POSITIONS the preschool provider |
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126 | | - | enrolled through the Colorado preschool program and directly served for the |
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127 | | - | 2022-23 fiscal year, the department shall distribute to the preschool |
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128 | | - | provider for the 2023-24 fiscal year an amount equal to the difference in |
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129 | | - | said amounts. |
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130 | | - | (6) As used in this section, unless the context otherwise requires: |
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131 | | - | (d) "State average per pupil funding amount" means the statewide |
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132 | | - | total amount of THE per pupil funding AMOUNTS, as described in section |
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| 138 | + | SEEK, accept, AND EXPEND contributions, grants, gifts,22 |
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| 139 | + | bequests, and donations from individuals, private organizations, and23 |
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| 140 | + | foundations; and24 |
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| 141 | + | SECTION 6. In Colorado Revised Statutes, 26.5-3-805, amend25 |
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| 142 | + | (4) as follows:26 |
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| 143 | + | 26.5-3-805. Early care and education recruitment and27 |
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| 144 | + | 1235 |
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| 145 | + | -4- retention grant and scholarship program - created - criteria and1 |
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| 146 | + | eligibility - grant and scholarship awards - reports - funding - rules2 |
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| 147 | + | - definitions - repeal. (4) The executive director shall MAY promulgate3 |
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| 148 | + | rules regarding criteria, timelines, and the administration of the program4 |
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| 149 | + | pursuant to the requirements outlined in this section.5 |
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| 150 | + | SECTION 7. In Colorado Revised Statutes, 26.5-4-114, amend6 |
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| 151 | + | (1)(f) as follows:7 |
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| 152 | + | 26.5-4-114. Colorado child care assistance program -8 |
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| 153 | + | reporting requirements. (1) On or before November 1, 2022, and on or9 |
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| 154 | + | before November 1 each year thereafter, the department shall prepare a10 |
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| 155 | + | report on CCCAP. Notwithstanding section 24-1-136 (11)(a)(I), the11 |
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| 156 | + | department shall provide the report to the joint budget committee of the12 |
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| 157 | + | general assembly, the public and behavioral health and human services13 |
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| 158 | + | committee of the house of representatives, and the health and human14 |
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| 159 | + | services committee of the senate, or any successor committees. The report15 |
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| 160 | + | must include, at a minimum, the following information related to16 |
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| 161 | + | benchmarks of success for CCCAP:17 |
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| 162 | + | (f) The number of families on each county's wait list as of18 |
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| 163 | + | November 1 OCTOBER 1 of each year, as well as the average length of19 |
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| 164 | + | time each family remains on the wait list in each county;20 |
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| 165 | + | SECTION 8. In Colorado Revised Statutes, 26.5-4-208, amend21 |
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| 166 | + | (4)(a) and (6)(d) as follows:22 |
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| 167 | + | 26.5-4-208. Preschool provider funding - per-child rates - local23 |
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| 168 | + | contribution - distribution and use of money - definitions - repeal.24 |
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| 169 | + | (4) (a) Notwithstanding any provision of this section to the contrary, if25 |
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| 170 | + | the funding that a preschool provider that is a school district or a charter26 |
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| 171 | + | school receives pursuant to this section for eligible children enrolled in27 |
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| 172 | + | 1235 |
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| 173 | + | -5- the preschool program for the 2023-24 fiscal year, calculated as the1 |
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| 174 | + | per-child rates for the 2023-24 fiscal year multiplied by the number of2 |
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| 175 | + | eligible children the preschool provider enrolls for the 2023-24 fiscal3 |
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| 176 | + | year, is less than the amount of funding allotted for the 2022-23 fiscal4 |
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| 177 | + | year for the children the preschool provider enrolled through the Colorado5 |
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| 178 | + | preschool program, as it exists prior to July 1, 2023, calculated as fifty6 |
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| 179 | + | percent of the preschool provider's per pupil funding, as described in7 |
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| 180 | + | section 22-54-104 (3) or (3.5), whichever is applicable, for the 2022-238 |
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| 181 | + | fiscal year multiplied by the number of children PRESCHOOL POSITIONS the9 |
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| 182 | + | preschool provider enrolled through the Colorado preschool program and10 |
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| 183 | + | directly served for the 2022-23 fiscal year, the department shall distribute11 |
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| 184 | + | to the preschool provider for the 2023-24 fiscal year an amount equal to12 |
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| 185 | + | the difference in said amounts.13 |
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| 186 | + | (6) As used in this section, unless the context otherwise requires:14 |
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| 187 | + | (d) "State average per pupil funding amount" means the statewide15 |
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| 188 | + | total amount of THE per pupil funding AMOUNTS, as described in section16 |
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136 | | - | the 2022-23 budget year divided by the |
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137 | | - | statewide total funded pupil count, minus the statewide total district |
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138 | | - | extended high school pupil enrollment and the statewide total online pupil |
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139 | | - | enrollment, for the 2022-23 budget year TOTAL NUMBER OF SCHOOL |
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140 | | - | DISTRICTS |
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141 | | - | , THEN MULTIPLIED BY FIFTY PERCENT. |
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142 | | - | PAGE 4-HOUSE BILL 23-1235 SECTION 9. In Colorado Revised Statutes, 26.5-5-102, add (7)(d) |
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143 | | - | as follows: |
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144 | | - | 26.5-5-102. School-readiness quality improvement program - |
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145 | | - | created - rules. (7) (d) T |
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146 | | - | HE DEPARTMENT IS AUTHORIZED TO ENTER INTO |
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147 | | - | A CONTRACT WITH AN ORGANIZATION TO PROVIDE THE FOLLOWING |
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148 | | - | : |
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149 | | - | (I) E |
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150 | | - | ARLY LITERACY PROGRAMMING AND RELATED SUPPORTS ; AND |
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151 | | - | (II) WHOLE-CHILD SERVICES. |
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152 | | - | SECTION 10. In Colorado Revised Statutes, 26.5-5-303, amend |
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153 | | - | (1), (3), (7), (12), (13), and (16)(a); repeal (11); and add (1.5) and (5.5) as |
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154 | | - | follows: |
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155 | | - | 26.5-5-303. Definitions. As used in this part 3, unless the context |
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156 | | - | otherwise requires: |
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157 | | - | (1) "Affiliate of a licensee" means: |
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158 | | - | (a) Any person or entity that owns more than five percent of the |
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159 | | - | ownership interest in the business operated by the licensee or the applicant |
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160 | | - | for a license; or |
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161 | | - | (b) Any person who is directly responsible for the care and welfare |
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162 | | - | of children served; or |
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163 | | - | (c) Any executive, officer, member of the governing board, or |
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164 | | - | employee of a licensee; or |
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165 | | - | (d) A relative of a licensee, which relative provides care to children |
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166 | | - | at the licensee's facility or is otherwise involved in the management or |
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167 | | - | operations of the licensee's facility. "ADVERSE ACTION" HAS THE SAME |
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168 | | - | MEANING AS |
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169 | | - | "NEGATIVE LICENSING ACTION" AS DEFINED IN SUBSECTION |
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170 | | - | (16)(a) OF THIS SECTION. |
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| 192 | + | the 2022-23 budget year divided by18 |
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| 193 | + | the statewide total funded pupil count, minus the statewide total district19 |
---|
| 194 | + | extended high school pupil enrollment and the statewide total online pupil20 |
---|
| 195 | + | enrollment, for the 2022-23 budget year TOTAL NUMBER OF SCHOOL21 |
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| 196 | + | DISTRICTS, THEN MULTIPLIED BY FIFTY PERCENT.22 |
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| 197 | + | SECTION 9. In Colorado Revised Statutes, 26.5-5-102, add23 |
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| 198 | + | (7)(d) as follows:24 |
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| 199 | + | 26.5-5-102. School-readiness quality improvement program -25 |
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| 200 | + | created - rules. (7) (d) THE DEPARTMENT IS AUTHORIZED TO ENTER INTO26 |
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| 201 | + | A CONTRACT WITH AN ORGANIZATION TO PROVIDE THE FOLLOWING :27 |
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| 202 | + | 1235 |
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| 203 | + | -6- (I) EARLY LITERACY PROGRAMMING AND RELATED SUPPORTS ; AND1 |
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| 204 | + | (II) WHOLE-CHILD SERVICES.2 |
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| 205 | + | 3 |
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| 206 | + | SECTION 10. In Colorado Revised Statutes, 26.5-5-303, amend4 |
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| 207 | + | (1), (3), (7), (12), (13), and (16)(a); repeal (11); and add (1.5) and (5.5)5 |
---|
| 208 | + | as follows:6 |
---|
| 209 | + | 26.5-5-303. Definitions. As used in this part 3, unless the context7 |
---|
| 210 | + | otherwise requires:8 |
---|
| 211 | + | (1) "Affiliate of a licensee" means:9 |
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| 212 | + | (a) Any person or entity that owns more than five percent of the10 |
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| 213 | + | ownership interest in the business operated by the licensee or the11 |
---|
| 214 | + | applicant for a license; or12 |
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| 215 | + | (b) Any person who is directly responsible for the care and13 |
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| 216 | + | welfare of children served; or14 |
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| 217 | + | (c) Any executive, officer, member of the governing board, or15 |
---|
| 218 | + | employee of a licensee; or16 |
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| 219 | + | (d) A relative of a licensee, which relative provides care to17 |
---|
| 220 | + | children at the licensee's facility or is otherwise involved in the18 |
---|
| 221 | + | management or operations of the licensee's facility. "ADVERSE ACTION"19 |
---|
| 222 | + | HAS THE SAME MEANING AS "NEGATIVE LICENSING ACTION" AS DEFINED IN20 |
---|
| 223 | + | SUBSECTION (16)(a) OF THIS SECTION.21 |
---|
188 | | - | "Child care center" prior to July 1, 2024, means a facility, |
---|
189 | | - | by whatever name known, that is maintained for the whole or part of a day |
---|
190 | | - | for the care of five or more children, unless otherwise specified in this |
---|
191 | | - | subsection (3)(a)(I) |
---|
192 | | - | SUBSECTION (3), who are eighteen years of age or |
---|
193 | | - | younger and who are not related to the owner, operator, or manager thereof, |
---|
194 | | - | whether the facility is operated with or without compensation for such care |
---|
195 | | - | and with or without stated educational purposes. The term includes, but is |
---|
196 | | - | not limited to, facilities commonly known as child care centers, school-age |
---|
197 | | - | child care centers, before- and after-school programs, kindergartens, |
---|
198 | | - | preschools, day camps, and summer camps, and includes those facilities for |
---|
199 | | - | children under six years of age with stated educational purposes operated |
---|
200 | | - | in conjunction with a public, private, or parochial college or a private or |
---|
201 | | - | parochial school; except that the term does not apply to any kindergarten |
---|
202 | | - | maintained in connection with a public, private, or parochial elementary |
---|
203 | | - | school system of at least six grades. |
---|
204 | | - | (II) This subsection (3)(a) is repealed, effective July 1, 2024. |
---|
205 | | - | (b) "Child care center", on and after July 1, 2024, means a facility, |
---|
206 | | - | by whatever name known, that is maintained for the whole or part of a day |
---|
207 | | - | for the care of five or more children, unless otherwise specified in this |
---|
208 | | - | subsection (3)(b), who are eighteen years of age or younger and who are not |
---|
209 | | - | related to the owner, operator, or manager thereof, whether the facility is |
---|
210 | | - | operated with or without compensation for such care and with or without |
---|
211 | | - | stated educational purposes. The term includes, but is not limited to, |
---|
212 | | - | facilities commonly known as child care centers, school-age child care |
---|
213 | | - | centers, before- and after-school programs, kindergartens, preschools, day |
---|
214 | | - | camps, and summer camps, and includes those facilities for children under |
---|
215 | | - | PAGE 6-HOUSE BILL 23-1235 six years of age with stated educational purposes operated in conjunction |
---|
216 | | - | with a public, private, or parochial college or a private or parochial school; |
---|
217 | | - | except that the term does not apply to any kindergarten maintained in |
---|
218 | | - | connection with a public, private, or parochial elementary school system of |
---|
219 | | - | at least six grades. |
---|
220 | | - | (5.5) "COLORADO STATE COURTS DATA ACCESS SYSTEM " MEANS THE |
---|
221 | | - | OFFICIAL PUBLIC ACCESS SITE FOR THE |
---|
222 | | - | COLORADO JUDICIAL BRANCH |
---|
223 | | - | MAINTAINED BY THE |
---|
224 | | - | COLORADO STATE COURT ADMINISTRATOR 'S OFFICE |
---|
225 | | - | CONTAINING READ |
---|
226 | | - | -ONLY ACCESS TO COURT DATA, INCLUDING A NAME INDEX |
---|
227 | | - | AND REGISTER OF ACTIONS |
---|
228 | | - | . |
---|
229 | | - | (7) "Family child care home" means a facility for child care operated |
---|
230 | | - | with or without compensation or educational purposes in a place of |
---|
231 | | - | residence of a family or person for the purpose of providing less than |
---|
232 | | - | twenty-four-hour care for children under the age of eighteen years who are |
---|
233 | | - | not related to the head of such home. "Family child care home" may include |
---|
234 | | - | infant-toddler child care homes, large |
---|
235 | | - | FAMILY child care homes, |
---|
| 241 | + | "Child care center" prior to July 1, 2024, means a6 |
---|
| 242 | + | facility, by whatever name known, that is maintained for the whole or part7 |
---|
| 243 | + | of a day for the care of five or more children, unless otherwise specified8 |
---|
| 244 | + | in this subsection (3)(a)(I) SUBSECTION (3), who are eighteen years of age9 |
---|
| 245 | + | or younger and who are not related to the owner, operator, or manager10 |
---|
| 246 | + | thereof, whether the facility is operated with or without compensation for11 |
---|
| 247 | + | such care and with or without stated educational purposes. The term12 |
---|
| 248 | + | includes, but is not limited to, facilities commonly known as child care13 |
---|
| 249 | + | centers, school-age child care centers, before- and after-school programs,14 |
---|
| 250 | + | kindergartens, preschools, day camps, and summer camps, and includes15 |
---|
| 251 | + | those facilities for children under six years of age with stated educational16 |
---|
| 252 | + | purposes operated in conjunction with a public, private, or parochial17 |
---|
| 253 | + | college or a private or parochial school; except that the term does not18 |
---|
| 254 | + | apply to any kindergarten maintained in connection with a public, private,19 |
---|
| 255 | + | or parochial elementary school system of at least six grades.20 |
---|
| 256 | + | (II) This subsection (3)(a) is repealed, effective July 1, 2024.21 |
---|
| 257 | + | (b) "Child care center", on and after July 1, 2024, means a facility,22 |
---|
| 258 | + | by whatever name known, that is maintained for the whole or part of a23 |
---|
| 259 | + | day for the care of five or more children, unless otherwise specified in24 |
---|
| 260 | + | this subsection (3)(b), who are eighteen years of age or younger and who25 |
---|
| 261 | + | are not related to the owner, operator, or manager thereof, whether the26 |
---|
| 262 | + | facility is operated with or without compensation for such care and with27 |
---|
| 263 | + | 1235 |
---|
| 264 | + | -8- or without stated educational purposes. The term includes, but is not1 |
---|
| 265 | + | limited to, facilities commonly known as child care centers, school-age2 |
---|
| 266 | + | child care centers, before- and after-school programs, kindergartens,3 |
---|
| 267 | + | preschools, day camps, and summer camps, and includes those facilities4 |
---|
| 268 | + | for children under six years of age with stated educational purposes5 |
---|
| 269 | + | operated in conjunction with a public, private, or parochial college or a6 |
---|
| 270 | + | private or parochial school; except that the term does not apply to any7 |
---|
| 271 | + | kindergarten maintained in connection with a public, private, or parochial8 |
---|
| 272 | + | elementary school system of at least six grades.9 |
---|
| 273 | + | (5.5) "C |
---|
| 274 | + | OLORADO STATE COURTS DATA ACCESS SYSTEM " MEANS10 |
---|
| 275 | + | THE OFFICIAL PUBLIC ACCESS SITE FOR THE COLORADO JUDICIAL BRANCH11 |
---|
| 276 | + | MAINTAINED BY THE COLORADO STATE COURT ADMINISTRATOR 'S OFFICE12 |
---|
| 277 | + | CONTAINING READ-ONLY ACCESS TO COURT DATA , INCLUDING A NAME13 |
---|
| 278 | + | INDEX AND REGISTER OF ACTIONS.14 |
---|
| 279 | + | (7) "Family child care home" means a facility for child care15 |
---|
| 280 | + | operated with or without compensation or educational purposes in a place16 |
---|
| 281 | + | of residence of a family or person for the purpose of providing less than17 |
---|
| 282 | + | twenty-four-hour care for children under the age of eighteen years who18 |
---|
| 283 | + | are not related to the head of such home. "Family child care home" may19 |
---|
| 284 | + | include infant-toddler child care homes, large |
---|
| 285 | + | FAMILY child care homes,20 |
---|
253 | | - | OR "ADVERSE ACTION", means |
---|
254 | | - | a final agency action resulting in the denial of an application, the imposition |
---|
255 | | - | of fines, or the suspension or revocation of a license issued pursuant to this |
---|
256 | | - | PAGE 7-HOUSE BILL 23-1235 part 3 or the demotion of such a license to a probationary license. |
---|
257 | | - | SECTION 11. In Colorado Revised Statutes, 26.5-5-304, amend |
---|
258 | | - | (1)(f)(I) introductory portion as follows: |
---|
259 | | - | 26.5-5-304. Application of part - definition - repeal. (1) This part |
---|
260 | | - | 3 does not apply to: |
---|
261 | | - | (f) (I) An individual who provides less than twenty-four-hour child |
---|
262 | | - | care in a THE INDIVIDUAL'S PERMANENT place of residence when one of the |
---|
263 | | - | following conditions is met: |
---|
264 | | - | SECTION 12. In Colorado Revised Statutes, 26.5-5-307, amend |
---|
265 | | - | (2)(f)(III)(A) and (2)(g)(III)(A) as follows: |
---|
266 | | - | 26.5-5-307. Application of part - guest child care facilities - |
---|
267 | | - | public services short-term child care facilities - definition. (2) A person |
---|
268 | | - | or entity shall not operate a guest child care facility or a public services |
---|
269 | | - | short-term child care facility unless the following requirements are met: |
---|
270 | | - | (f) (III) (A) The guest child care facility or public services |
---|
271 | | - | short-term child care facility requests the department to obtain a comparison |
---|
272 | | - | search on the ICON |
---|
273 | | - | COLORADO STATE COURTS DATA ACCESS system at the |
---|
274 | | - | state judicial department with the name and date of birth information and |
---|
275 | | - | any other available source of criminal history information that the |
---|
276 | | - | department determines is appropriate, whether or not the criminal history |
---|
277 | | - | background check confirms a criminal history, in order to determine the |
---|
278 | | - | crime or crimes, if any, for which the supervisory employee or applicant for |
---|
279 | | - | a supervisory employee position was arrested or convicted and the |
---|
280 | | - | disposition thereof; and |
---|
281 | | - | (g) (III) (A) The guest child care facility or public services |
---|
282 | | - | short-term child care facility requests the department to obtain a comparison |
---|
283 | | - | search on the ICON |
---|
284 | | - | COLORADO STATE COURTS DATA ACCESS system at the |
---|
285 | | - | state judicial department with the name and date of birth information and |
---|
286 | | - | any other available source of criminal history information that the |
---|
287 | | - | department determines is appropriate, whether or not the criminal history |
---|
288 | | - | background check confirms a criminal history, in order to determine the |
---|
289 | | - | crime or crimes, if any, for which the employee was arrested or convicted |
---|
290 | | - | and the disposition thereof; and |
---|
291 | | - | PAGE 8-HOUSE BILL 23-1235 SECTION 13. In Colorado Revised Statutes, 26.5-5-308, amend |
---|
292 | | - | (4)(c) as follows: |
---|
293 | | - | 26.5-5-308. Application of part - neighborhood youth |
---|
294 | | - | organizations - rules - licensing - duties and responsibilities - |
---|
295 | | - | definitions. (4) A licensed neighborhood youth organization shall require |
---|
296 | | - | all employees and volunteers who work directly with or will work directly |
---|
297 | | - | with youth members five or more days in a calendar month to obtain, prior |
---|
298 | | - | to employment, and every two years thereafter, one of the following: |
---|
299 | | - | (c) A comparison search by the department on the ICON |
---|
300 | | - | COLORADO |
---|
301 | | - | STATE COURTS DATA ACCESS |
---|
302 | | - | system of the state judicial department or a |
---|
303 | | - | comparison search on any other database that is recognized on a statewide |
---|
304 | | - | basis by using the name, date of birth, and social security number |
---|
305 | | - | information that the department determines is appropriate to determine |
---|
306 | | - | whether the person being investigated has been convicted of felony child |
---|
307 | | - | abuse as specified in section 18-6-401 or a felony offense involving |
---|
308 | | - | unlawful sexual behavior as defined in section 16-22-102 (9). The |
---|
309 | | - | neighborhood youth organization shall not hire a person as an employee or |
---|
310 | | - | approve a person as a volunteer after confirmation of such a criminal |
---|
311 | | - | history. |
---|
312 | | - | SECTION 14. In Colorado Revised Statutes, 26.5-5-309, amend |
---|
313 | | - | (4)(a)(I)(E) and (4)(b); and add (4)(a)(I)(E.5) as follows: |
---|
314 | | - | 26.5-5-309. Licenses - rules - definition. (4) (a) (I) The department |
---|
315 | | - | shall not issue a license to operate a family child care home or a child care |
---|
316 | | - | center if the applicant for the license, an affiliate of the applicant, a person |
---|
317 | | - | employed by the applicant, or a person who resides with the applicant at the |
---|
318 | | - | facility has been convicted of: |
---|
| 304 | + | OR "ADVERSE ACTION",9 |
---|
| 305 | + | means a final agency action resulting in the denial of an application, the10 |
---|
| 306 | + | imposition of fines, or the suspension or revocation of a license issued11 |
---|
| 307 | + | pursuant to this part 3 or the demotion of such a license to a probationary12 |
---|
| 308 | + | license.13 |
---|
| 309 | + | SECTION 11. In Colorado Revised Statutes, 26.5-5-304, amend14 |
---|
| 310 | + | (1)(f)(I) introductory portion as follows:15 |
---|
| 311 | + | 26.5-5-304. Application of part - definition - repeal. (1) This16 |
---|
| 312 | + | part 3 does not apply to:17 |
---|
| 313 | + | (f) (I) An individual who provides less than twenty-four-hour18 |
---|
| 314 | + | child care in a |
---|
| 315 | + | THE INDIVIDUAL'S PERMANENT place of residence when19 |
---|
| 316 | + | one of the following conditions is met:20 |
---|
| 317 | + | SECTION 12. In Colorado Revised Statutes, 26.5-5-307, amend21 |
---|
| 318 | + | (2)(f)(III)(A) and (2)(g)(III)(A) as follows:22 |
---|
| 319 | + | 26.5-5-307. Application of part - guest child care facilities -23 |
---|
| 320 | + | public services short-term child care facilities - definition. (2) A24 |
---|
| 321 | + | person or entity shall not operate a guest child care facility or a public25 |
---|
| 322 | + | services short-term child care facility unless the following requirements26 |
---|
| 323 | + | are met:27 |
---|
| 324 | + | 1235 |
---|
| 325 | + | -10- (f) (III) (A) The guest child care facility or public services1 |
---|
| 326 | + | short-term child care facility requests the department to obtain a2 |
---|
| 327 | + | comparison search on the ICON COLORADO STATE COURTS DATA ACCESS3 |
---|
| 328 | + | system at the state judicial department with the name and date of birth4 |
---|
| 329 | + | information and any other available source of criminal history5 |
---|
| 330 | + | information that the department determines is appropriate, whether or not6 |
---|
| 331 | + | the criminal history background check confirms a criminal history, in7 |
---|
| 332 | + | order to determine the crime or crimes, if any, for which the supervisory8 |
---|
| 333 | + | employee or applicant for a supervisory employee position was arrested9 |
---|
| 334 | + | or convicted and the disposition thereof; and10 |
---|
| 335 | + | (g) (III) (A) The guest child care facility or public services11 |
---|
| 336 | + | short-term child care facility requests the department to obtain a12 |
---|
| 337 | + | comparison search on the ICON COLORADO STATE COURTS DATA ACCESS13 |
---|
| 338 | + | system at the state judicial department with the name and date of birth14 |
---|
| 339 | + | information and any other available source of criminal history15 |
---|
| 340 | + | information that the department determines is appropriate, whether or not16 |
---|
| 341 | + | the criminal history background check confirms a criminal history, in17 |
---|
| 342 | + | order to determine the crime or crimes, if any, for which the employee18 |
---|
| 343 | + | was arrested or convicted and the disposition thereof; and19 |
---|
| 344 | + | SECTION 13. In Colorado Revised Statutes, 26.5-5-308, amend20 |
---|
| 345 | + | (4)(c) as follows:21 |
---|
| 346 | + | 26.5-5-308. Application of part - neighborhood youth22 |
---|
| 347 | + | organizations - rules - licensing - duties and responsibilities -23 |
---|
| 348 | + | definitions. (4) A licensed neighborhood youth organization shall24 |
---|
| 349 | + | require all employees and volunteers who work directly with or will work25 |
---|
| 350 | + | directly with youth members five or more days in a calendar month to26 |
---|
| 351 | + | obtain, prior to employment, and every two years thereafter, one of the27 |
---|
| 352 | + | 1235 |
---|
| 353 | + | -11- following:1 |
---|
| 354 | + | (c) A comparison search by the department on the ICON2 |
---|
| 355 | + | C |
---|
| 356 | + | OLORADO STATE COURTS DATA ACCESS system of the state judicial3 |
---|
| 357 | + | department or a comparison search on any other database that is4 |
---|
| 358 | + | recognized on a statewide basis by using the name, date of birth, and5 |
---|
| 359 | + | social security number information that the department determines is6 |
---|
| 360 | + | appropriate to determine whether the person being investigated has been7 |
---|
| 361 | + | convicted of felony child abuse as specified in section 18-6-401 or a8 |
---|
| 362 | + | felony offense involving unlawful sexual behavior as defined in section9 |
---|
| 363 | + | 16-22-102 (9). The neighborhood youth organization shall not hire a10 |
---|
| 364 | + | person as an employee or approve a person as a volunteer after11 |
---|
| 365 | + | confirmation of such a criminal history.12 |
---|
| 366 | + | SECTION 14. In Colorado Revised Statutes, 26.5-5-309, amend13 |
---|
| 367 | + | (4)(a)(I)(E) and (4)(b); and add (4)(a)(I)(E.5) as follows: 14 |
---|
| 368 | + | 26.5-5-309. Licenses - rules - definition. (4) (a) (I) The15 |
---|
| 369 | + | department shall not issue a license to operate a family child care home16 |
---|
| 370 | + | or a child care center if the applicant for the license, an affiliate of the17 |
---|
| 371 | + | applicant, a person employed by the applicant, or a person who resides18 |
---|
| 372 | + | with the applicant at the facility has been convicted of:19 |
---|
321 | | - | drug-related offense within the five years preceding the date of application |
---|
322 | | - | for a license; |
---|
323 | | - | (E.5) ANY FELONY INVOLVING A DRUG -RELATED OFFENSE WITHIN |
---|
324 | | - | THE FIVE YEARS PRECEDING THE DATE OF APPLICATION FOR A LICENSE |
---|
325 | | - | ; |
---|
326 | | - | (b) The department shall determine the convictions identified in |
---|
327 | | - | subsection (4)(a) of this section according to the records of the Colorado |
---|
328 | | - | PAGE 9-HOUSE BILL 23-1235 bureau of investigation, the ICON COLORADO STATE COURTS DATA ACCESS |
---|
329 | | - | system at the state judicial department, or any other source, as set forth in |
---|
330 | | - | section 26.5-5-316 (1)(a)(II). A certified copy of the judgment of a court of |
---|
331 | | - | competent jurisdiction of such conviction, deferred judgment and sentence |
---|
332 | | - | agreement, deferred prosecution agreement, or deferred adjudication |
---|
333 | | - | agreement is prima facie evidence of the conviction or agreement. The |
---|
334 | | - | department shall not issue a license to operate a family child care home or |
---|
335 | | - | a child care center if the department has a certified court order from another |
---|
336 | | - | state indicating that the person applying for the license has been convicted |
---|
337 | | - | of child abuse or any unlawful sexual offense against a child under a law of |
---|
338 | | - | any other state or the United States, or the department has a certified court |
---|
339 | | - | order from another state that the person applying for the license has entered |
---|
340 | | - | into a deferred judgment or deferred prosecution agreement in another state |
---|
341 | | - | as to child abuse or any sexual offense against a child. |
---|
342 | | - | SECTION 15. In Colorado Revised Statutes, 26.5-5-311, amend |
---|
343 | | - | (1)(a)(I) and (2)(a) as follows: |
---|
344 | | - | 26.5-5-311. Fees - when original applications, reapplications, |
---|
345 | | - | and renewals for licensure are required - creation of child care |
---|
346 | | - | licensing cash fund - rules. (1) (a) The department is authorized to |
---|
347 | | - | establish, pursuant to rules promulgated by the executive director, |
---|
348 | | - | permanent, time-limited, and provisional license fees and fees for |
---|
349 | | - | continuation of a license for the following types of child care arrangements: |
---|
350 | | - | (I) Family child care homes, including any special type of family |
---|
351 | | - | child care home designated by department rules pursuant to section |
---|
352 | | - | 26.5-5-314 (2)(n); but excluding homes certified by county departments or |
---|
353 | | - | child placement agencies; |
---|
354 | | - | (2) (a) The fees specified in subsection (1) of this section must be |
---|
| 375 | + | 20 |
---|
| 376 | + | drug-related offense within the five years preceding the date of21 |
---|
| 377 | + | application for a license;22 |
---|
| 378 | + | (E.5) A |
---|
| 379 | + | NY FELONY INVOLVING A DRUG-RELATED OFFENSE WITHIN23 |
---|
| 380 | + | THE FIVE YEARS PRECEDING THE DATE OF APPLICATION FOR A LICENSE ;24 |
---|
| 381 | + | (b) The department shall determine the convictions identified in25 |
---|
| 382 | + | subsection (4)(a) of this section according to the records of the Colorado26 |
---|
| 383 | + | bureau of investigation, the ICON |
---|
| 384 | + | COLORADO STATE COURTS DATA27 |
---|
| 385 | + | 1235 |
---|
| 386 | + | -12- ACCESS system at the state judicial department, or any other source, as set1 |
---|
| 387 | + | forth in section 26.5-5-316 (1)(a)(II). A certified copy of the judgment of2 |
---|
| 388 | + | a court of competent jurisdiction of such conviction, deferred judgment3 |
---|
| 389 | + | and sentence agreement, deferred prosecution agreement, or deferred4 |
---|
| 390 | + | adjudication agreement is prima facie evidence of the conviction or5 |
---|
| 391 | + | agreement. The department shall not issue a license to operate a family6 |
---|
| 392 | + | child care home or a child care center if the department has a certified7 |
---|
| 393 | + | court order from another state indicating that the person applying for the8 |
---|
| 394 | + | license has been convicted of child abuse or any unlawful sexual offense9 |
---|
| 395 | + | against a child under a law of any other state or the United States, or the10 |
---|
| 396 | + | department has a certified court order from another state that the person11 |
---|
| 397 | + | applying for the license has entered into a deferred judgment or deferred12 |
---|
| 398 | + | prosecution agreement in another state as to child abuse or any sexual13 |
---|
| 399 | + | offense against a child.14 |
---|
| 400 | + | SECTION 15. In Colorado Revised Statutes, 26.5-5-311, amend15 |
---|
| 401 | + | (1)(a)(I) and (2)(a) as follows:16 |
---|
| 402 | + | 26.5-5-311. Fees - when original applications, reapplications,17 |
---|
| 403 | + | and renewals for licensure are required - creation of child care18 |
---|
| 404 | + | licensing cash fund - rules. (1) (a) The department is authorized to19 |
---|
| 405 | + | establish, pursuant to rules promulgated by the executive director,20 |
---|
| 406 | + | permanent, time-limited, and provisional license fees and fees for21 |
---|
| 407 | + | continuation of a license for the following types of child care22 |
---|
| 408 | + | arrangements:23 |
---|
| 409 | + | (I) Family child care homes, including any special type of family24 |
---|
| 410 | + | child care home designated by department rules pursuant to section25 |
---|
| 411 | + | 26.5-5-314 (2)(n); but excluding homes certified by county departments26 |
---|
| 412 | + | or child placement agencies;27 |
---|
| 413 | + | 1235 |
---|
| 414 | + | -13- (2) (a) The fees specified in subsection (1) of this section must be1 |
---|
357 | | - | SUBMITTED for any license is sought A |
---|
358 | | - | LICENSE OR RENEWAL OF A LICENSE |
---|
359 | | - | and are not subject to refund. |
---|
360 | | - | Applications for licenses are required in the situations that are set forth in |
---|
361 | | - | subsection (2)(b) of this section and must be made on forms prescribed by |
---|
362 | | - | the department. Each completed application must set forth such information |
---|
363 | | - | as required by the department. All licenses continue in force until revoked, |
---|
364 | | - | surrendered, or expired. |
---|
365 | | - | SECTION 16. In Colorado Revised Statutes, 26.5-5-316, amend |
---|
366 | | - | PAGE 10-HOUSE BILL 23-1235 (1)(a)(I)(A) and (1)(a)(II)(A) as follows: |
---|
367 | | - | 26.5-5-316. Investigations and inspections - local authority - |
---|
368 | | - | reports - rules. (1) (a) (I) (A) The department shall investigate and pass on |
---|
369 | | - | each original application for a license, each application for a permanent or |
---|
370 | | - | time-limited license following the issuance of a probationary or provisional |
---|
371 | | - | license, and each application for renewal, to operate a facility or an agency |
---|
372 | | - | prior to granting the license or renewal. As part of the investigation, the |
---|
373 | | - | department shall require each individual, including, but not limited to, the |
---|
374 | | - | applicant, any owner, employee, newly hired employee, licensee, and any |
---|
375 | | - | adult who is eighteen years of age and older who resides in the licensed |
---|
376 | | - | facility, to obtain a fingerprint-based criminal history record check by |
---|
377 | | - | reviewing any record that is used to assist the department in ascertaining |
---|
378 | | - | whether the person being investigated has been convicted of any of the |
---|
379 | | - | criminal offenses specified in section 26.5-5-309 (4) or any other felony. |
---|
380 | | - | The executive director shall promulgate rules that define and identify what |
---|
381 | | - | the criminal history record check entails. |
---|
382 | | - | (II) Rules promulgated by the executive director pursuant to |
---|
383 | | - | subsection (1)(a)(I) of this section must also include: |
---|
384 | | - | (A) A comparison search on the ICON |
---|
385 | | - | COLORADO STATE COURTS |
---|
386 | | - | DATA ACCESS |
---|
387 | | - | system at the state judicial department with the name and date |
---|
388 | | - | of birth information and any other available source of criminal history |
---|
389 | | - | information that the department determines is appropriate for each |
---|
390 | | - | circumstance in which the fingerprint check conducted by the Colorado |
---|
391 | | - | bureau of investigation either does not confirm a criminal history or |
---|
392 | | - | confirms a criminal history, in order to determine the crime or crimes for |
---|
393 | | - | which the person was arrested or convicted and the disposition thereof; |
---|
394 | | - | SECTION 17. In Colorado Revised Statutes, 26.5-5-317, amend |
---|
395 | | - | (2) introductory portion, (2)(b), and (8) as follows: |
---|
396 | | - | 26.5-5-317. Denial of license - suspension - revocation - |
---|
397 | | - | probation - refusal to renew license - fines. (2) The department may deny |
---|
398 | | - | an application or suspend, revoke, or make probationary the license of any |
---|
399 | | - | facility regulated and licensed under |
---|
400 | | - | PURSUANT TO this part 3 or assess a |
---|
401 | | - | fine against the licensee pursuant to section 26.5-5-323 if the licensee, an |
---|
402 | | - | affiliate of the licensee, a person employed by the licensee, or a person who |
---|
403 | | - | resides with the licensee at the facility: |
---|
404 | | - | PAGE 11-HOUSE BILL 23-1235 (b) Is convicted of third degree assault, as described in section |
---|
405 | | - | 18-3-204; any misdemeanor, the underlying factual basis of which has been |
---|
406 | | - | found by the court on the record to include an act of domestic violence, as |
---|
407 | | - | defined in section 18-6-800.3; the violation of a protection order, as |
---|
408 | | - | described in section 18-6-803.5; any misdemeanor offense of child abuse |
---|
409 | | - | as defined in section 18-6-401; or any misdemeanor offense in any other |
---|
410 | | - | state, the elements of which are substantially similar to the elements of any |
---|
411 | | - | one of the offenses described in this subsection (2)(b). As used in this |
---|
412 | | - | subsection (2)(b), "convicted" has the same meaning as set forth in section |
---|
413 | | - | 26.5-5-309 (4)(a)(II). |
---|
414 | | - | (8) The department shall determine the existence of convictions |
---|
415 | | - | identified in this section according to the records of the Colorado bureau of |
---|
416 | | - | investigation, the ICON |
---|
417 | | - | COLORADO STATE COURTS DATA ACCESS system at |
---|
418 | | - | the state judicial department, or any other source, as set forth in section |
---|
419 | | - | 26.5-5-316 (1)(a)(II). |
---|
420 | | - | SECTION 18. In Colorado Revised Statutes, 26.5-5-326, amend |
---|
421 | | - | (1)(a)(IV); and add (1)(a)(V) as follows: |
---|
422 | | - | 26.5-5-326. Exempt family child care home providers - |
---|
423 | | - | fingerprint-based criminal history record check - child care assistance |
---|
424 | | - | program money - temporary care - rules - definitions. (1) (a) (IV) The |
---|
| 417 | + | SUBMITTED for any license is sought2 |
---|
| 418 | + | A LICENSE OR RENEWAL OF A LICENSE and are not subject to refund.3 |
---|
| 419 | + | Applications for licenses are required in the situations that are set forth4 |
---|
| 420 | + | in subsection (2)(b) of this section and must be made on forms prescribed5 |
---|
| 421 | + | by the department. Each completed application must set forth such6 |
---|
| 422 | + | information as required by the department. All licenses continue in force7 |
---|
| 423 | + | until revoked, surrendered, or expired.8 |
---|
| 424 | + | SECTION 16. In Colorado Revised Statutes, 26.5-5-316, amend9 |
---|
| 425 | + | (1)(a)(I)(A) and (1)(a)(II)(A) as follows:10 |
---|
| 426 | + | 26.5-5-316. Investigations and inspections - local authority -11 |
---|
| 427 | + | reports - rules. (1) (a) (I) (A) The department shall investigate and pass12 |
---|
| 428 | + | on each original application for a license, each application for a13 |
---|
| 429 | + | permanent or time-limited license following the issuance of a14 |
---|
| 430 | + | probationary or provisional license, and each application for renewal, to15 |
---|
| 431 | + | operate a facility or an agency prior to granting the license or renewal. As16 |
---|
| 432 | + | part of the investigation, the department shall require each individual,17 |
---|
| 433 | + | including, but not limited to, the applicant, any owner, employee, newly18 |
---|
| 434 | + | hired employee, licensee, and any adult who is eighteen years of age and19 |
---|
| 435 | + | older who resides in the licensed facility, to obtain a fingerprint-based20 |
---|
| 436 | + | criminal history record check by reviewing any record that is used to21 |
---|
| 437 | + | assist the department in ascertaining whether the person being22 |
---|
| 438 | + | investigated has been convicted of any of the criminal offenses specified23 |
---|
| 439 | + | in section 26.5-5-309 (4) or any other felony. The executive director shall24 |
---|
| 440 | + | promulgate rules that define and identify what the criminal history record25 |
---|
| 441 | + | check entails.26 |
---|
| 442 | + | (II) Rules promulgated by the executive director pursuant to27 |
---|
| 443 | + | 1235 |
---|
| 444 | + | -14- subsection (1)(a)(I) of this section must also include:1 |
---|
| 445 | + | (A) A comparison search on the ICON COLORADO STATE COURTS2 |
---|
| 446 | + | DATA ACCESS system at the state judicial department with the name and3 |
---|
| 447 | + | date of birth information and any other available source of criminal4 |
---|
| 448 | + | history information that the department determines is appropriate for each5 |
---|
| 449 | + | circumstance in which the fingerprint check conducted by the Colorado6 |
---|
| 450 | + | bureau of investigation either does not confirm a criminal history or7 |
---|
| 451 | + | confirms a criminal history, in order to determine the crime or crimes for8 |
---|
| 452 | + | which the person was arrested or convicted and the disposition thereof;9 |
---|
| 453 | + | SECTION 17. In Colorado Revised Statutes, 26.5-5-317, amend10 |
---|
| 454 | + | (2) introductory portion, (2)(b), and (8) as follows:11 |
---|
| 455 | + | 26.5-5-317. Denial of license - suspension - revocation -12 |
---|
| 456 | + | probation - refusal to renew license - fines. (2) The department may13 |
---|
| 457 | + | deny an application or suspend, revoke, or make probationary the license14 |
---|
| 458 | + | of any facility regulated and licensed under PURSUANT TO this part 3 or15 |
---|
| 459 | + | assess a fine against the licensee pursuant to section 26.5-5-323 if the16 |
---|
| 460 | + | licensee, an affiliate of the licensee, a person employed by the licensee,17 |
---|
| 461 | + | or a person who resides with the licensee at the facility:18 |
---|
| 462 | + | (b) Is convicted of third degree assault, as described in section19 |
---|
| 463 | + | 18-3-204; any misdemeanor, the underlying factual basis of which has20 |
---|
| 464 | + | been found by the court on the record to include an act of domestic21 |
---|
| 465 | + | violence, as defined in section 18-6-800.3; the violation of a protection22 |
---|
| 466 | + | order, as described in section 18-6-803.5; any misdemeanor offense of23 |
---|
| 467 | + | child abuse as defined in section 18-6-401; or any misdemeanor offense24 |
---|
| 468 | + | in any other state, the elements of which are substantially similar to the25 |
---|
| 469 | + | elements of any one of the offenses described in this subsection (2)(b).26 |
---|
| 470 | + | As used in this subsection (2)(b), "convicted" has the same meaning as27 |
---|
| 471 | + | 1235 |
---|
| 472 | + | -15- set forth in section 26.5-5-309 (4)(a)(II).1 |
---|
| 473 | + | (8) The department shall determine the existence of convictions2 |
---|
| 474 | + | identified in this section according to the records of the Colorado bureau3 |
---|
| 475 | + | of investigation, the ICON COLORADO STATE COURTS DATA ACCESS4 |
---|
| 476 | + | system at the state judicial department, or any other source, as set forth5 |
---|
| 477 | + | in section 26.5-5-316 (1)(a)(II).6 |
---|
| 478 | + | SECTION 18. In Colorado Revised Statutes, 26.5-5-326, amend7 |
---|
| 479 | + | (1)(a)(IV); and add (1)(a)(V) as follows:8 |
---|
| 480 | + | 26.5-5-326. Exempt family child care home providers -9 |
---|
| 481 | + | fingerprint-based criminal history record check - child care10 |
---|
| 482 | + | assistance program money - temporary care - rules - definitions.11 |
---|
| 483 | + | (1) (a) (IV) The C |
---|
| 484 | + | OLORADO BUREAU OF INVESTIGATION 'S BACKGROUND12 |
---|
| 485 | + | CHECK PORTION OF THE FCC required pursuant to this section is a13 |
---|
| 486 | + | prerequisite to the issuance or renewal of a contract for receipt of money14 |
---|
| 487 | + | under |
---|
| 488 | + | PURSUANT TO the Colorado child care assistance program as15 |
---|
| 489 | + | provided in part 1 of article 4 of this title 26.5. The department shall not16 |
---|
| 490 | + | issue or renew a contract for payment of money under the Colorado child17 |
---|
| 491 | + | care assistance program to a qualified provider who fails to submit to the18 |
---|
440 | | - | HE FEDERAL BUREAU OF INVESTIGATION'S PORTION OF THE FCC |
---|
441 | | - | REQUIRED PURSUANT TO THIS SECTION IS A PREREQUISITE TO THE ISSUANCE |
---|
442 | | - | OF AN INITIAL CONTRACT |
---|
443 | | - | , AND MUST BE CONDUCTED EVERY FIVE YEARS |
---|
444 | | - | THEREAFTER |
---|
445 | | - | , FOR RECEIPT OF MONEY PURSUANT TO THE COLORADO CHILD |
---|
446 | | - | CARE ASSISTANCE PROGRAM AS PROVIDED IN PART |
---|
447 | | - | 1 OF ARTICLE 4 OF THIS |
---|
448 | | - | TITLE |
---|
449 | | - | 26.5. THE DEPARTMENT SHALL NOT ISSUE OR RENEW A CONTRACT FOR |
---|
450 | | - | PAYMENT OF MONEY PURSUANT TO THE |
---|
451 | | - | COLORADO CHILD CARE ASSISTANCE |
---|
452 | | - | PAGE 12-HOUSE BILL 23-1235 PROGRAM TO A QUALIFIED PROVIDER WHO FAILS TO SUBMIT THE FEDERAL |
---|
453 | | - | BUREAU OF INVESTIGATION |
---|
454 | | - | 'S PORTION OF THE FCC OR FAILS TO SUBMIT |
---|
455 | | - | FINGERPRINTS FOR A QUALIFIED ADULT AT THE TIME OF INITIAL CONTRACT |
---|
456 | | - | OR EVERY FIVE YEARS THEREAFTER |
---|
457 | | - | . |
---|
458 | | - | SECTION 19. In Colorado Revised Statutes, 26.5-5-328, repeal |
---|
459 | | - | (2), (3), and (4) as follows: |
---|
460 | | - | 26.5-5-328. Applications for licenses. (2) The department or anyauthorized agent of the department shall deny, suspend, or revoke a license |
---|
461 | | - | pursuant to the provisions of section 26-13-126, and any rules promulgated |
---|
462 | | - | to implement said section, if the department or agent receives a notice to |
---|
463 | | - | deny, suspend, or revoke from the state child support enforcement agency |
---|
464 | | - | because the licensee or applicant is out of compliance with a court or |
---|
465 | | - | administrative order for current child support, child support debt, retroactive |
---|
466 | | - | child support, child support arrearages, or child support when combined |
---|
467 | | - | with maintenance or because the licensee or applicant has failed to comply |
---|
468 | | - | with a properly issued subpoena or warrant relating to a paternity or child |
---|
469 | | - | support proceeding. Any such denial, suspension, or revocation must be in |
---|
470 | | - | accordance with the procedures specified by rule of the department of |
---|
471 | | - | human services and rules promulgated by the state board of human services |
---|
472 | | - | for the implementation of section 26-13-126. |
---|
473 | | - | (3) (a) The department shall enter into a memorandum of |
---|
474 | | - | understanding with the state child support enforcement agency, which |
---|
475 | | - | memorandum must identify the relative responsibilities of the department |
---|
476 | | - | and the state child support enforcement agency with respect to the |
---|
477 | | - | implementation of this section and section 26-13-126. |
---|
478 | | - | (b) The executive director may promulgate rules to implement the |
---|
479 | | - | provisions of this section. |
---|
480 | | - | (4) As used in this section, "license" means any recognition, |
---|
481 | | - | authority, or permission that the department or any authorized agent of the |
---|
482 | | - | department is authorized by law to issue for an individual to practice a |
---|
483 | | - | profession or occupation or recreational activity. "License" includes, but is |
---|
484 | | - | not limited to, a license, certificate, certification, letter of authorization, or |
---|
485 | | - | registration issued for an individual to practice a profession or occupation |
---|
486 | | - | or for an individual to participate in a recreational activity. |
---|
487 | | - | PAGE 13-HOUSE BILL 23-1235 SECTION 20. In Colorado Revised Statutes, 19-1-307, amend |
---|
488 | | - | (2)(j.7), (2)(k), (2)(k.5), (2)(l), (2)(r), and (2)(y) as follows: |
---|
489 | | - | 19-1-307. Dependency and neglect records and information - |
---|
490 | | - | access - fee - records and reports fund - misuse of information - penalty |
---|
491 | | - | - adult protective services data system check - rules. (2) Records and |
---|
492 | | - | reports - access to certain persons - agencies. Except as set forth in |
---|
493 | | - | section 19-1-303, only the following persons or agencies have access to |
---|
494 | | - | child abuse or neglect records and reports: |
---|
| 496 | + | HE FEDERAL BUREAU OF INVESTIGATION 'S PORTION OF THE21 |
---|
| 497 | + | FCC |
---|
| 498 | + | REQUIRED PURSUANT TO THIS SECTION IS A PREREQUISITE TO THE22 |
---|
| 499 | + | ISSUANCE OF AN INITIAL CONTRACT , AND MUST BE CONDUCTED EVERY23 |
---|
| 500 | + | FIVE YEARS THEREAFTER, FOR RECEIPT OF MONEY PURSUANT TO THE24 |
---|
| 501 | + | C |
---|
| 502 | + | OLORADO CHILD CARE ASSISTANCE PROGRAM AS PROVIDED IN PART 1 OF25 |
---|
| 503 | + | ARTICLE 4 OF THIS TITLE 26.5. THE DEPARTMENT SHALL NOT ISSUE OR26 |
---|
| 504 | + | RENEW A CONTRACT FOR PAYMENT OF MONEY PURSUANT TO THE27 |
---|
| 505 | + | 1235 |
---|
| 506 | + | -16- COLORADO CHILD CARE ASSISTANCE PROGRAM TO A QUALIFIED PROVIDER1 |
---|
| 507 | + | WHO FAILS TO SUBMIT THE FEDERAL BUREAU OF INVESTIGATION 'S PORTION2 |
---|
| 508 | + | OF THE FCC OR FAILS TO SUBMIT FINGERPRINTS FOR A QUALIFIED ADULT3 |
---|
| 509 | + | AT THE TIME OF INITIAL CONTRACT OR EVERY FIVE YEARS THEREAFTER .4 |
---|
| 510 | + | SECTION 19. In Colorado Revised Statutes, 26.5-5-328, repeal5 |
---|
| 511 | + | (2), (3), and (4) as follows:6 |
---|
| 512 | + | 26.5-5-328. Applications for licenses. (2) The department or any7 |
---|
| 513 | + | authorized agent of the department shall deny, suspend, or revoke a8 |
---|
| 514 | + | license pursuant to the provisions of section 26-13-126, and any rules9 |
---|
| 515 | + | promulgated to implement said section, if the department or agent10 |
---|
| 516 | + | receives a notice to deny, suspend, or revoke from the state child support11 |
---|
| 517 | + | enforcement agency because the licensee or applicant is out of12 |
---|
| 518 | + | compliance with a court or administrative order for current child support,13 |
---|
| 519 | + | child support debt, retroactive child support, child support arrearages, or14 |
---|
| 520 | + | child support when combined with maintenance or because the licensee15 |
---|
| 521 | + | or applicant has failed to comply with a properly issued subpoena or16 |
---|
| 522 | + | warrant relating to a paternity or child support proceeding. Any such17 |
---|
| 523 | + | denial, suspension, or revocation must be in accordance with the18 |
---|
| 524 | + | procedures specified by rule of the department of human services and19 |
---|
| 525 | + | rules promulgated by the state board of human services for the20 |
---|
| 526 | + | implementation of section 26-13-126.21 |
---|
| 527 | + | (3) (a) The department shall enter into a memorandum of22 |
---|
| 528 | + | understanding with the state child support enforcement agency, which23 |
---|
| 529 | + | memorandum must identify the relative responsibilities of the department24 |
---|
| 530 | + | and the state child support enforcement agency with respect to the25 |
---|
| 531 | + | implementation of this section and section 26-13-126.26 |
---|
| 532 | + | (b) The executive director may promulgate rules to implement the27 |
---|
| 533 | + | 1235 |
---|
| 534 | + | -17- provisions of this section.1 |
---|
| 535 | + | (4) As used in this section, "license" means any recognition,2 |
---|
| 536 | + | authority, or permission that the department or any authorized agent of3 |
---|
| 537 | + | the department is authorized by law to issue for an individual to practice4 |
---|
| 538 | + | a profession or occupation or recreational activity. "License" includes,5 |
---|
| 539 | + | but is not limited to, a license, certificate, certification, letter of6 |
---|
| 540 | + | authorization, or registration issued for an individual to practice a7 |
---|
| 541 | + | profession or occupation or for an individual to participate in a8 |
---|
| 542 | + | recreational activity.9 |
---|
| 543 | + | SECTION 20. In Colorado Revised Statutes, 19-1-307, amend10 |
---|
| 544 | + | (2)(j.7), (2)(k), (2)(k.5), (2)(l), (2)(r), and (2)(y) as follows:11 |
---|
| 545 | + | 19-1-307. Dependency and neglect records and information -12 |
---|
| 546 | + | access - fee - records and reports fund - misuse of information -13 |
---|
| 547 | + | penalty - adult protective services data system check - rules.14 |
---|
| 548 | + | (2) Records and reports - access to certain persons - agencies. Except15 |
---|
| 549 | + | as set forth in section 19-1-303, only the following persons or agencies16 |
---|
| 550 | + | have access to child abuse or neglect records and reports:17 |
---|
496 | | - | WHEN REQUESTED IN |
---|
497 | | - | WRITING BY ANY OPERATOR OF A FACILITY THAT IS |
---|
498 | | - | investigating an |
---|
499 | | - | applicant for an employee or volunteer position with, or an employee or |
---|
500 | | - | volunteer of, a licensed neighborhood youth organization pursuant to |
---|
501 | | - | section 26.5-5-308, when the applicant, employee, or volunteer has given |
---|
502 | | - | written authorization to the department of early childhood to check records |
---|
503 | | - | or reports of child abuse or neglect. A |
---|
504 | | - | NY OPERATOR WHO REQUESTS |
---|
505 | | - | INFORMATION CONCERNING AN INDIVIDUAL WHO IS NOT A CURRENT |
---|
506 | | - | EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS A CLASS |
---|
| 552 | + | WHEN REQUESTED IN18 |
---|
| 553 | + | WRITING BY ANY OPERATOR OF A FACILITY THAT IS investigating an19 |
---|
| 554 | + | applicant for an employee or volunteer position with, or an employee or20 |
---|
| 555 | + | volunteer of, a licensed neighborhood youth organization pursuant to21 |
---|
| 556 | + | section 26.5-5-308, when the applicant, employee, or volunteer has given22 |
---|
| 557 | + | written authorization to the department of early childhood to check23 |
---|
| 558 | + | records or reports of child abuse or neglect. A |
---|
| 559 | + | NY OPERATOR WHO24 |
---|
| 560 | + | REQUESTS INFORMATION CONCERNING AN INDIVIDUAL WHO IS NOT A25 |
---|
| 561 | + | CURRENT EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS A26 |
---|
| 562 | + | CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION27 |
---|
| 563 | + | 1235 |
---|
| 564 | + | -18- 18-1.3-501. WITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE1 |
---|
| 565 | + | DEPARTMENT OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE2 |
---|
| 566 | + | REPORT OF THE INCIDENT, THE LOCATION OF INVESTIGATION, THE TYPE OF3 |
---|
| 567 | + | ABUSE AND NEGLECT , AND THE COUNTY THAT INVESTIGATED THE4 |
---|
| 568 | + | INCIDENT CONTAINED IN THE CONFIRMED REPORTS OF CHILD ABUSE OR5 |
---|
| 569 | + | NEGLECT.6 |
---|
| 570 | + | (k) The state department of human services or department of early7 |
---|
| 571 | + | childhood, when requested in writing by any operator of a facility or8 |
---|
| 572 | + | agency that is licensed by the state department of human services9 |
---|
| 573 | + | pursuant to section 26-6-912 or department of early childhood pursuant10 |
---|
| 574 | + | to section 26.5-5-316, to check records or reports of child abuse or11 |
---|
| 575 | + | neglect for the purpose of screening an applicant for employment or a12 |
---|
| 576 | + | current employee. Any operator who requests information concerning an13 |
---|
| 577 | + | individual who is neither NOT a current employee nor OR an applicant for14 |
---|
| 578 | + | employment commits a class 2 misdemeanor and shall be punished as15 |
---|
| 579 | + | provided in section 18-1.3-501. Within ten TWENTY days after the16 |
---|
| 580 | + | operator's request, the state department of human services or department17 |
---|
| 581 | + | of early childhood shall provide the date of the report of the incident, the18 |
---|
| 582 | + | location of investigation, the type of abuse and neglect, and the county19 |
---|
| 583 | + | that investigated the incident contained in the confirmed reports of child20 |
---|
| 584 | + | abuse and neglect. Any operator who releases any information obtained21 |
---|
| 585 | + | under PURSUANT TO this subsection (2)(k) to any other person violates the22 |
---|
| 586 | + | provisions of subsection (4) of this section and is subject to the penalty23 |
---|
| 587 | + | therefor COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED24 |
---|
| 588 | + | PURSUANT TO SECTION 18-1.3-501.25 |
---|
| 589 | + | (k.5) The state department of human services or department of26 |
---|
| 590 | + | early childhood, when requested in writing by a qualified county27 |
---|
| 591 | + | 1235 |
---|
| 592 | + | -19- department, individual, or child placement agency approved to conduct1 |
---|
| 593 | + | home study investigations and reports pursuant to section 19-5-207.52 |
---|
| 594 | + | (2)(b)(I) for purposes of screening a prospective adoptive parent or any3 |
---|
| 595 | + | adult residing in the home under PURSUANT TO section 19-5-207 (2.5)(c),4 |
---|
| 596 | + | or investigating a prospective foster care parent, kinship care parent, or5 |
---|
| 597 | + | an adult residing in the home under PURSUANT TO section 26-6-9126 |
---|
| 598 | + | (1)(c). Within ten TWENTY days after the request, the state department of7 |
---|
| 599 | + | human services or department of early childhood shall provide the date8 |
---|
| 600 | + | of the report of the incident, the location of investigation, the type of9 |
---|
| 601 | + | abuse and neglect, and the county that investigated the incident contained10 |
---|
| 602 | + | in the confirmed reports of child abuse or neglect. The county11 |
---|
| 603 | + | department, individual, or child placement agency is subject to the fee12 |
---|
| 604 | + | assessment established in subsection (2.5) of this section. With respect13 |
---|
| 605 | + | to screening a prospective adoptive parent, any employee of the county14 |
---|
| 606 | + | department or the child placement agency or any individual who releases15 |
---|
| 607 | + | any information obtained pursuant to this subsection (2)(k.5) to any16 |
---|
| 608 | + | person other than the adoption court violates the provisions of subsection17 |
---|
| 609 | + | (4) of this section and is subject to the penalty therefor COMMITS A CLASS18 |
---|
508 | | - | MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION 18-1.3-501. |
---|
509 | | - | W |
---|
510 | | - | ITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE DEPARTMENT |
---|
511 | | - | OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE REPORT OF THE |
---|
512 | | - | INCIDENT |
---|
513 | | - | , THE LOCATION OF INVESTIGATION , THE TYPE OF ABUSE AND |
---|
514 | | - | NEGLECT |
---|
515 | | - | , AND THE COUNTY THAT INVESTIGATED THE INCIDENT CONTAINED |
---|
516 | | - | IN THE CONFIRMED REPORTS OF CHILD ABUSE OR NEGLECT |
---|
517 | | - | . |
---|
518 | | - | (k) The state department of human services or department of early |
---|
519 | | - | childhood, when requested in writing by any operator of a facility or agency |
---|
520 | | - | that is licensed by the state department of human services pursuant to |
---|
521 | | - | section 26-6-912 or department of early childhood pursuant to section |
---|
522 | | - | 26.5-5-316, to check records or reports of child abuse or neglect for the |
---|
523 | | - | purpose of screening an applicant for employment or a current employee. |
---|
524 | | - | Any operator who requests information concerning an individual who is |
---|
525 | | - | neither |
---|
526 | | - | NOT a current employee nor OR an applicant for employment |
---|
527 | | - | commits a class 2 misdemeanor and shall be punished as provided in section |
---|
528 | | - | 18-1.3-501. Within ten |
---|
529 | | - | TWENTY days after the operator's request, the state |
---|
530 | | - | department of human services or department of early childhood shall |
---|
531 | | - | provide the date of the report of the incident, the location of investigation, |
---|
532 | | - | the type of abuse and neglect, and the county that investigated the incident |
---|
533 | | - | contained in the confirmed reports of child abuse and neglect. Any operator |
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534 | | - | PAGE 14-HOUSE BILL 23-1235 who releases any information obtained under PURSUANT TO this subsection |
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535 | | - | (2)(k) to any other person violates the provisions of subsection (4) of this |
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536 | | - | section and is subject to the penalty therefor COMMITS A CLASS 2 |
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537 | | - | MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION 18-1.3-501. |
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538 | | - | (k.5) The state department of human services or department of early |
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539 | | - | childhood, when requested in writing by a qualified county department, |
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540 | | - | individual, or child placement agency approved to conduct home study |
---|
541 | | - | investigations and reports pursuant to section 19-5-207.5 (2)(b)(I) for |
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542 | | - | purposes of screening a prospective adoptive parent or any adult residing |
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543 | | - | in the home under |
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544 | | - | PURSUANT TO section 19-5-207 (2.5)(c), or investigating |
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545 | | - | a prospective foster care parent, kinship care parent, or an adult residing in |
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546 | | - | the home under |
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547 | | - | PURSUANT TO section 26-6-912 (1)(c). Within ten TWENTY |
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548 | | - | days after the request, the state department of human services or department of early childhood shall provide the date of the report of the incident, the location of investigation, the type of abuse and neglect, and the county that investigated the incident contained in the confirmed reports of child abuse or neglect. The county department, individual, or child placement agency is subject to the fee assessment established in subsection (2.5) of this section. With respect to screening a prospective adoptive parent, any employee of the county department or the child placement agency or any individual who releases any information obtained pursuant to this subsection (2)(k.5) to any person other than the adoption court violates the |
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549 | | - | provisions of subsection (4) of this section and is subject to the penalty |
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550 | | - | therefor COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE PUNISHED |
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551 | | - | PURSUANT TO SECTION |
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| 611 | + | MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION19 |
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| 612 | + | 18-1.3-501.20 |
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| 613 | + | (l) The state department of human services or department of early21 |
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| 614 | + | childhood, when requested in writing by the department of education to22 |
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| 615 | + | check records or reports of child abuse or neglect for the purpose of23 |
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| 616 | + | aiding the department of education in its investigation of an allegation of24 |
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| 617 | + | abuse by an employee of a school district in this state. Within ten |
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| 618 | + | 25 |
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| 619 | + | TWENTY days of AFTER the department of education's request, the state26 |
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| 620 | + | department of human services or department of early childhood shall27 |
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| 621 | + | 1235 |
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| 622 | + | -20- provide the date of the report of the incident, the location of1 |
---|
| 623 | + | investigation, the type of abuse or neglect, and the county that2 |
---|
| 624 | + | investigated the incident contained in the confirmed reports of child3 |
---|
| 625 | + | abuse or neglect. The department of education is subject to the fee4 |
---|
| 626 | + | assessment established in subsection (2.5) of this section. Any employee5 |
---|
| 627 | + | of the department of education who releases any information obtained6 |
---|
| 628 | + | under this subsection (2)(l) to any person not authorized to receive the7 |
---|
| 629 | + | information pursuant to the provisions of section 22-32-109.7 or any8 |
---|
| 630 | + | member of the board of education of a school district who releases the9 |
---|
| 631 | + | information obtained pursuant to said section violates the provisions of10 |
---|
| 632 | + | subsection (4) of this section and is subject to the penalty for the violation11 |
---|
| 633 | + | SECTION 22-32-109.7 COMMITS A CLASS 2 MISDEMEANOR AND SHALL BE12 |
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| 634 | + | PUNISHED PURSUANT TO SECTION 18-1.3-501.13 |
---|
| 635 | + | (r) The department of early childhood, |
---|
| 636 | + | WHEN REQUESTED IN14 |
---|
| 637 | + | WRITING BY ANY OPERATOR OF A GUEST CHILD CARE FACILITY OR PUBLIC15 |
---|
| 638 | + | SERVICE SHORT-TERM CHILD CARE FACILITY THAT IS investigating an16 |
---|
| 639 | + | applicant for a supervisory employee position or an employee of a guest17 |
---|
| 640 | + | child care facility or a public services short-term child care facility18 |
---|
| 641 | + | pursuant to section 26.5-5-307, when the applicant or employee, as a19 |
---|
| 642 | + | requirement of application for employment, has given written20 |
---|
| 643 | + | authorization to the department of early childhood to check records or21 |
---|
| 644 | + | reports of child abuse or neglect. A |
---|
| 645 | + | NY OPERATOR WHO REQUESTS22 |
---|
| 646 | + | INFORMATION CONCERNING AN INDIVIDUAL WHO IS NOT A CURRENT23 |
---|
| 647 | + | EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS A CLASS 224 |
---|
| 648 | + | MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION25 |
---|
553 | | - | (l) The state department of human services or department of early |
---|
554 | | - | childhood, when requested in writing by the department of education to |
---|
555 | | - | check records or reports of child abuse or neglect for the purpose of aiding |
---|
556 | | - | the department of education in its investigation of an allegation of abuse by |
---|
557 | | - | an employee of a school district in this state. Within ten |
---|
558 | | - | TWENTY days of |
---|
559 | | - | AFTER the department of education's request, the state department of human |
---|
560 | | - | services or department of early childhood shall provide the date of the |
---|
561 | | - | report of the incident, the location of investigation, the type of abuse or |
---|
562 | | - | neglect, and the county that investigated the incident contained in the |
---|
563 | | - | confirmed reports of child abuse or neglect. The department of education |
---|
564 | | - | is subject to the fee assessment established in subsection (2.5) of this |
---|
565 | | - | section. Any employee of the department of education who releases any |
---|
566 | | - | information obtained under this subsection (2)(l) to any person not |
---|
567 | | - | PAGE 15-HOUSE BILL 23-1235 authorized to receive the information pursuant to the provisions of section |
---|
568 | | - | 22-32-109.7 or any member of the board of education of a school district |
---|
569 | | - | who releases the information obtained pursuant to said section violates the |
---|
570 | | - | provisions of subsection (4) of this section and is subject to the penalty for |
---|
571 | | - | the violation SECTION 22-32-109.7 COMMITS A CLASS 2 MISDEMEANOR AND |
---|
572 | | - | SHALL BE PUNISHED PURSUANT TO SECTION |
---|
573 | | - | 18-1.3-501. |
---|
574 | | - | (r) The department of early childhood, |
---|
575 | | - | WHEN REQUESTED IN WRITING |
---|
576 | | - | BY ANY OPERATOR OF A GUEST CHILD CARE FACILITY OR PUBLIC SERVICE |
---|
577 | | - | SHORT |
---|
578 | | - | -TERM CHILD CARE FACILITY THAT IS investigating an applicant for a |
---|
579 | | - | supervisory employee position or an employee of a guest child care facility |
---|
580 | | - | or a public services short-term child care facility pursuant to section |
---|
581 | | - | 26.5-5-307, when the applicant or employee, as a requirement of application |
---|
582 | | - | for employment, has given written authorization to the department of early |
---|
583 | | - | childhood to check records or reports of child abuse or neglect. A |
---|
584 | | - | NY |
---|
585 | | - | OPERATOR WHO REQUESTS INFORMATION CONCERNING AN INDIVIDUAL WHO |
---|
586 | | - | IS NOT A CURRENT EMPLOYEE OR AN APPLICANT FOR EMPLOYMENT COMMITS |
---|
587 | | - | A CLASS |
---|
588 | | - | 2 MISDEMEANOR AND SHALL BE PUNISHED PURSUANT TO SECTION |
---|
589 | | - | 18-1.3-501. WITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE |
---|
590 | | - | DEPARTMENT OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE |
---|
591 | | - | REPORT OF THE INCIDENT |
---|
592 | | - | , THE LOCATION OF INVESTIGATION, THE TYPE OF |
---|
593 | | - | ABUSE AND NEGLECT |
---|
594 | | - | , AND THE COUNTY THAT INVESTIGATED THE INCIDENT |
---|
595 | | - | CONTAINED IN THE CONFIRMED REPORTS OF CHILD ABUSE AND NEGLECT |
---|
596 | | - | . |
---|
597 | | - | (y) The state department of human services, or |
---|
598 | | - | department of early |
---|
599 | | - | childhood, |
---|
600 | | - | OR A REQUESTING INDIVIDUAL, OR THE INDIVIDUAL'S DESIGNEE, |
---|
601 | | - | AFTER PROOF OF IDENTIFICATION , when requested in writing by anindividual to check records or reports of child abuse or neglect OF THE |
---|
602 | | - | REQUESTING INDIVIDUAL |
---|
603 | | - | for the purpose of screening that |
---|
604 | | - | THE REQUESTING |
---|
605 | | - | individual when that THE REQUESTING individual's responsibilities include |
---|
606 | | - | care of children, treatment of children, supervision of children, or |
---|
607 | | - | unsupervised contact with children. |
---|
608 | | - | SECTION 21. In Colorado Revised Statutes, 25-4-2206, amend |
---|
609 | | - | (2)(a) introductory portion, (2)(a)(XII), and (2)(a)(XIII); and add |
---|
610 | | - | (2)(a)(XIV) as follows: |
---|
611 | | - | 25-4-2206. Health equity commission - creation - repeal. |
---|
612 | | - | (2) (a) The commission consists of the following twenty-two |
---|
613 | | - | TWENTY-THREE members, who are as follows: |
---|
614 | | - | PAGE 16-HOUSE BILL 23-1235 (XII) The executive director of the department of corrections, or the |
---|
615 | | - | executive director's designee; and |
---|
616 | | - | (XIII) The executive director of the department of higher education, |
---|
617 | | - | or the executive director's designee; |
---|
618 | | - | AND |
---|
619 | | - | (XIV) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY |
---|
620 | | - | CHILDHOOD |
---|
621 | | - | , OR THE EXECUTIVE DIRECTOR'S DESIGNEE. |
---|
622 | | - | SECTION 22. Safety clause. The general assembly hereby finds, |
---|
623 | | - | PAGE 17-HOUSE BILL 23-1235 determines, and declares that this act is necessary for the immediate |
---|
624 | | - | preservation of the public peace, health, or safety. |
---|
625 | | - | ____________________________ ____________________________ |
---|
626 | | - | Julie McCluskie Steve Fenberg |
---|
627 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
---|
628 | | - | OF REPRESENTATIVES THE SENATE |
---|
629 | | - | ____________________________ ____________________________ |
---|
630 | | - | Robin Jones Cindi L. Markwell |
---|
631 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
---|
632 | | - | OF REPRESENTATIVES THE SENATE |
---|
633 | | - | APPROVED________________________________________ |
---|
634 | | - | (Date and Time) |
---|
635 | | - | _________________________________________ |
---|
636 | | - | Jared S. Polis |
---|
637 | | - | GOVERNOR OF THE STATE OF COLORADO |
---|
638 | | - | PAGE 18-HOUSE BILL 23-1235 |
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| 650 | + | WITHIN TWENTY DAYS AFTER THE OPERATOR 'S REQUEST, THE26 |
---|
| 651 | + | DEPARTMENT OF EARLY CHILDHOOD SHALL PROVIDE THE DATE OF THE27 |
---|
| 652 | + | 1235 |
---|
| 653 | + | -21- REPORT OF THE INCIDENT, THE LOCATION OF INVESTIGATION, THE TYPE OF1 |
---|
| 654 | + | ABUSE AND NEGLECT , AND THE COUNTY THAT INVESTIGATED THE2 |
---|
| 655 | + | INCIDENT CONTAINED IN THE CONFIRMED REPORTS OF CHILD ABUSE AND3 |
---|
| 656 | + | NEGLECT.4 |
---|
| 657 | + | (y) The state department of human services, or department of5 |
---|
| 658 | + | early childhood, |
---|
| 659 | + | OR A REQUESTING INDIVIDUAL , OR THE INDIVIDUAL'S6 |
---|
| 660 | + | DESIGNEE, AFTER PROOF OF IDENTIFICATION, when requested in writing7 |
---|
| 661 | + | by an individual |
---|
| 662 | + | to check records or reports of child abuse or neglect OF8 |
---|
| 663 | + | THE REQUESTING INDIVIDUAL for the purpose of screening that THE9 |
---|
| 664 | + | REQUESTING individual when that THE REQUESTING individual's10 |
---|
| 665 | + | responsibilities include care of children, treatment of children,11 |
---|
| 666 | + | supervision of children, or unsupervised contact with children.12 |
---|
| 667 | + | SECTION 21. In Colorado Revised Statutes, 25-4-2206, amend13 |
---|
| 668 | + | (2)(a) introductory portion, (2)(a)(XII), and (2)(a)(XIII); and add14 |
---|
| 669 | + | (2)(a)(XIV) as follows:15 |
---|
| 670 | + | 25-4-2206. Health equity commission - creation - repeal.16 |
---|
| 671 | + | (2) (a) The commission consists of the following twenty-two17 |
---|
| 672 | + | TWENTY-THREE members, who are as follows:18 |
---|
| 673 | + | (XII) The executive director of the department of corrections, or19 |
---|
| 674 | + | the executive director's designee; and20 |
---|
| 675 | + | (XIII) The executive director of the department of higher21 |
---|
| 676 | + | education, or the executive director's designee; |
---|
| 677 | + | AND22 |
---|
| 678 | + | (XIV) T |
---|
| 679 | + | HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EARLY23 |
---|
| 680 | + | CHILDHOOD, OR THE EXECUTIVE DIRECTOR'S DESIGNEE.24 |
---|
| 681 | + | SECTION 22. Safety clause. The general assembly hereby finds,25 |
---|
| 682 | + | determines, and declares that this act is necessary for the immediate26 |
---|
| 683 | + | preservation of the public peace, health, or safety.27 |
---|
| 684 | + | 1235 |
---|
| 685 | + | -22- |
---|