Colorado 2023 Regular Session

Colorado Senate Bill SB064 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0263.01 Conrad Imel x2313
1	8		SENATE BILL 23-064
2		-	BY SENATOR(S) Gardner and Ginal, Bridges, Coleman, Hansen, Mullica;
3		-	also REPRESENTATIVE(S) Snyder and Armagost, Bird, Brown,
4		-	Gonzales-Gutierrez, Lindsay, Marshall, Valdez, Young.
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
5	13		C
6		-	ONCERNING THE OFFICE OF PUBLIC GUARDIANSHIP .
7		-
8		-	Be it enacted by the General Assembly of the State of Colorado:
9		-	SECTION 1. In Colorado Revised Statutes, 13-94-102, amend
10		-	(2)(a)(I)(C); and repeal (2)(a)(II) and (2)(b) as follows:
11		-	13-94-102. Legislative declaration. (2) In establishing the office
12		-	of public guardianship, the general assembly intends:
13		-	(a) That the office will:
14		-	(I) Provide guardianship services to indigent and incapacitated
15		-	adults who:
16		-	(C) Are not subject to a petition for appointment of guardian filed
17		-	by a county adult protective services unit or otherwise authorized by section
18		-	26-3.1-104. and
19		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
20		-	officers and the Governor. To determine whether the Governor has signed the bill
21		-	or taken other action on it, please consult the legislative status sheet, the legislative
22		-	history, or the Session Laws.
23		-	________
24		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
25		-	through words or numbers indicate deletions from existing law and such material is not part of
26		-	the act. (II) Gather data to help the general assembly determine the need for,
27		-	and the feasibility of, a statewide office of public guardianship; and
28		-	(b) That the office is a pilot program, to be evaluated and then
29		-	continued, discontinued, or expanded at the discretion of the general
30		-	assembly in 2023.
31		-	SECTION 2. In Colorado Revised Statutes, 13-94-103, amend
32		-	(2)(a), (2)(c), (2)(d), and (2)(e); and add (2)(a.5) as follows:
33		-	13-94-103. Definitions. (2) As used in this article 94, unless the
34		-	context otherwise requires:
35		-	(a) "Commission" "BOARD" means the BOARD OF DIRECTORS FOR
36		-	THE OFFICE OF
37		-	public guardianship commission
38		-	created pursuant to section
39		-	13-94-104 SECTION 13-94-104.1.
	14	+	ONCERNING THE OFFICE OF PUBLIC GUARDIANSHIP .101
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Under existing law, the office of public guardianship (office) is
	23	+	authorized to serve indigent and incapacitated adults (incapacitated
	24	+	adults) in need of guardianship in 3 judicial districts and is scheduled to
	25	+	repeal on June 30, 2024. The bill extends the office indefinitely and
	26	+	requires the office to operate in every judicial district in the state by
	27	+	December 31, 2027.
	28	+	The bill establishes a board of directors (board) to oversee the
	29	+	office. The board consists of 7 members: 3 members who are attorneys
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 7, 2023
	33	+	HOUSE
	34	+	2nd Reading Unamended
	35	+	May 6, 2023
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	April 24, 2023
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 21, 2023
	42	+	SENATE SPONSORSHIP
	43	+	Gardner and Ginal, Bridges, Coleman, Hansen, Mullica
	44	+	HOUSE SPONSORSHIP
	45	+	Snyder and Armagost, Bird, Brown, Gonzales-Gutierrez, Lindsay, Marshall, Valdez,
	46	+	Young
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. appointed by the chief justice of the Colorado supreme court and 4
	50	+	non-attorney members appointed by the governor. The existing public
	51	+	guardianship commission that oversees the office is repealed, effective
	52	+	August 31, 2023.
	53	+	The bill clarifies the office's duties. The office's director
	54	+	administers the office pursuant to a memorandum of understanding with
	55	+	the judicial department. The bill clarifies what must be included in the
	56	+	memorandum of understanding.
	57	+	The office is required to employ guardians to provide guardianship
	58	+	services to the office's clients. A guardian must be certified as a guardian
	59	+	or become certified within 2 years after being hired by the office. The
	60	+	office shall provide training to guardians in specified subjects.
	61	+	The bill requires a court to waive filing fees for petitions for
	62	+	guardianship filed by the office in cases that involve an incapacitated
	63	+	adult who is eligible for guardianship services from the office. A court is
	64	+	prohibited from requiring the office or a guardian employed by the office
	65	+	to post a bond as a condition for appointment as a guardian.
	66	+	Be it enacted by the General Assembly of the State of Colorado:1
	67	+	SECTION 1. In Colorado Revised Statutes, 13-94-102, amend2
	68	+	(2)(a)(I)(C); and repeal (2)(a)(II) and (2)(b) as follows:3
	69	+	13-94-102. Legislative declaration. (2) In establishing the office4
	70	+	of public guardianship, the general assembly intends:5
	71	+	(a) That the office will:6
	72	+	(I) Provide guardianship services to indigent and incapacitated7
	73	+	adults who:8
	74	+	(C) Are not subject to a petition for appointment of guardian filed9
	75	+	by a county adult protective services unit or otherwise authorized by10
	76	+	section 26-3.1-104. and
	77	+	11
	78	+	(II) Gather data to help the general assembly determine the need12
	79	+	for, and the feasibility of, a statewide office of public guardianship; and13
	80	+	(b) That the office is a pilot program, to be evaluated and then14
	81	+	continued, discontinued, or expanded at the discretion of the general15
	82	+	assembly in 2023.16
	83	+	064-2- SECTION 2. In Colorado Revised Statutes, 13-94-103, amend1
	84	+	(2)(a), (2)(c), (2)(d), and (2)(e); and add (2)(a.5) as follows:2
	85	+	13-94-103. Definitions. (2) As used in this article 94, unless the3
	86	+	context otherwise requires:4
	87	+	(a) "Commission" "BOARD" means the BOARD OF DIRECTORS FOR5
	88	+	THE OFFICE OF public guardianship commission created pursuant to6
	89	+	section 13-94-104 SECTION 13-94-104.1.7
40	90		(a.5) "C
41		-	LIENT" MEANS A PERSON RECEIVING GUARDIANSHIP SERVICES
42		-	FROM THE OFFICE
43		-	.
44		-	(c) "Director" means the director of the office, appointed by the
	91	+	LIENT" MEANS A PERSON RECEIVING GUARDIANSHIP8
	92	+	SERVICES FROM THE OFFICE.9
	93	+	(c) "Director" means the director of the office, appointed by the10
45	94		commission
46		-	BOARD pursuant to section 13-94-104 SECTION 13-94-104.1.
47		-	(d) "Guardian" or "guardian-designee" means an individual
48		-	employed by the office to provide guardianship services on behalf of the
49		-	office to one or more adults.
50		-	(e) "Office" means the office of public guardianship created in
51		-	section 13-94-104
52		-	SECTION 13-94-105.
53		-	SECTION 3. In Colorado Revised Statutes, 13-94-104, amend (2);
54		-	repeal (3) and (4); and add (5) as follows:
55		-	13-94-104. Public guardianship commission created - repeal.
56		-	(2) Each member of the commission serves at the pleasure of his or her THE
57		-	MEMBER
58		-	'S appointing authority; except that each member's term of service
59		-	concludes with the repeal of this article 94
60		-	SECTION pursuant to section
61		-	13-94-111 SUBSECTION (5) OF THIS SECTION.
62		-	PAGE 2-SENATE BILL 23-064 (3) The commission shall appoint a director to establish, develop,
63		-	and administer the office of public guardianship, which office is hereby
64		-	created within the judicial department. The director serves at the pleasure
65		-	of the commission.
66		-	(4) The office and the judicial department shall operate pursuant to
67		-	a memorandum of understanding between the two entities. The
68		-	memorandum of understanding must contain, at a minimum:
69		-	(a) A requirement that the office has its own personnel rules;
70		-	(b) A requirement that the director has independent hiring and
71		-	termination authority over office employees;
72		-	(c) A requirement that the office must follow judicial fiscal rules;
73		-	and
74		-	(d) Any other provisions regarding administrative support that will
75		-	help maintain the independence of the office.
76		-	(5) THIS SECTION IS REPEALED, EFFECTIVE AUGUST 31, 2023.
77		-	SECTION 4. In Colorado Revised Statutes, add 13-94-104.1 as
78		-	follows:
79		-	13-94-104.1. Office of public guardianship board - members -
80		-	duties - appointment of director - repeal. (1) (a) O
81		-	N SEPTEMBER 1, 2023,
82		-	THE BOARD OF DIRECTORS FOR THE OFFICE OF PUBLIC GUARDIANSHIP IS
83		-	CREATED WITHIN THE JUDICIAL DEPARTMENT
84		-	. THE BOARD INCLUDES SEVEN
85		-	MEMBERS
86		-	, APPOINTED AS FOLLOWS:
	95	+	BOARD pursuant to section 13-94-104 SECTION 13-94-104.1.11
	96	+	(d) "Guardian" or "guardian-designee" means an individual12
	97	+	employed by the office to provide guardianship services on behalf of the13
	98	+	office to one or more adults.14
	99	+	(e) "Office" means the office of public guardianship created in15
	100	+	section 13-94-104 SECTION 13-94-105.16
	101	+	SECTION 3. In Colorado Revised Statutes, 13-94-104, amend17
	102	+	(2); repeal (3) and (4); and add (5) as follows:18
	103	+	13-94-104. Public guardianship commission created - repeal.19
	104	+	(2) Each member of the commission serves at the pleasure of his or her20
	105	+	THE MEMBER'S appointing authority; except that each member's term of21
	106	+	service concludes with the repeal of this article 94 SECTION pursuant to22
	107	+	section 13-94-111 SUBSECTION (5) OF THIS SECTION.23
	108	+	(3) The commission shall appoint a director to establish, develop,24
	109	+	and administer the office of public guardianship, which office is hereby25
	110	+	created within the judicial department. The director serves at the pleasure26
	111	+	of the commission.27
	112	+	064
	113	+	-3- (4) The office and the judicial department shall operate pursuant1
	114	+	to a memorandum of understanding between the two entities. The2
	115	+	memorandum of understanding must contain, at a minimum:3
	116	+	(a) A requirement that the office has its own personnel rules;4
	117	+	(b) A requirement that the director has independent hiring and5
	118	+	termination authority over office employees;6
	119	+	(c) A requirement that the office must follow judicial fiscal rules;7
	120	+	and8
	121	+	(d) Any other provisions regarding administrative support that will9
	122	+	help maintain the independence of the office.10
	123	+	(5) T
	124	+	HIS SECTION IS REPEALED, EFFECTIVE AUGUST 31, 2023.11
	125	+	SECTION 4. In Colorado Revised Statutes, add 13-94-104.1 as12
	126	+	follows:13
	127	+	13-94-104.1. Office of public guardianship board - members14
	128	+	- duties - appointment of director - repeal. (1) (a) O
	129	+	N SEPTEMBER 1,15
	130	+	2023,
	131	+	THE BOARD OF DIRECTORS FOR THE OFFICE OF PUBLIC GUARDIANSHIP16
	132	+	IS CREATED WITHIN THE JUDICIAL DEPARTMENT . THE BOARD INCLUDES17
	133	+	SEVEN MEMBERS, APPOINTED AS FOLLOWS:18
87	134		(I) T
88		-	HE CHIEF JUSTICE OF THE COLORADO SUPREME COURT SHALL
89		-	APPOINT THREE MEMBERS WHO ARE ATTORNEYS ADMITTED TO PRACTICE
90		-	LAW IN THIS STATE
91		-	; AND
92		-	(II) THE GOVERNOR SHALL APPOINT FOUR NON -ATTORNEY MEMBERS
93		-	AS FOLLOWS
94		-	:
	135	+	HE CHIEF JUSTICE OF THE COLORADO SUPREME COURT SHALL19
	136	+	APPOINT THREE MEMBERS WHO ARE ATTORNEYS ADMITTED TO PRACTICE20
	137	+	LAW IN THIS STATE; AND21
	138	+	(II) T
	139	+	HE GOVERNOR SHALL APPOINT FOUR NON -ATTORNEY22
	140	+	MEMBERS AS FOLLOWS:23
95	141		(A) T
96		-	HREE MEMBERS WHO HAVE LIVED EXPERIENCE WITH A FAMILY
97		-	MEMBER WHO IS AN AT
98		-	-RISK ADULT OR WHO HAVE EXPERTISE AND
99		-	PAGE 3-SENATE BILL 23-064 EXPERIENCE IN ADVOCATING FOR THE AT -RISK ADULT POPULATION ,
100		-	INCLUDING ADVOCACY AND REPRESENTATION IN THE AREAS OF AGING ,
101		-	MENTAL HEALTH, SUBSTANCE USE DISORDERS, HOMELESSNESS, VETERANS
102		-	ISSUES
103		-	, INTELLECTUAL AND DEVELOPMENTAL DISABILITIES , HEALTH CARE,
104		-	AND LAW ENFORCEMENT AND CRIMINAL JUSTICE . AT LEAST ONE OF THE
105		-	MEMBERS APPOINTED PURSUANT TO THIS SUBSECTION
106		-	(1)(a)(II)(A) MUST BE
107		-	A PERSON WITH LIVED EXPERIENCE WITH A FAMILY MEMBER WHO IS AN
108		-	AT
109		-	-RISK ADULT.
	142	+	HREE MEMBERS WHO HAVE LIVED EXPERIENCE WITH A24
	143	+	FAMILY MEMBER WHO IS AN AT-RISK ADULT OR WHO HAVE EXPERTISE AND25
	144	+	EXPERIENCE IN ADVOCATING FOR THE AT -RISK ADULT POPULATION ,26
	145	+	INCLUDING ADVOCACY AND REPRESENTATION IN THE AREAS OF AGING ,27
	146	+	064
	147	+	-4- MENTAL HEALTH, SUBSTANCE USE DISORDERS, HOMELESSNESS, VETERANS1
	148	+	ISSUES, INTELLECTUAL AND DEVELOPMENTAL DISABILITIES , HEALTH CARE,2
	149	+	AND LAW ENFORCEMENT AND CRIMINAL JUSTICE . AT LEAST ONE OF THE3
	150	+	MEMBERS APPOINTED PURSUANT TO THIS SUBSECTION (1)(a)(II)(A) MUST4
	151	+	BE A PERSON WITH LIVED EXPERIENCE WITH A FAMILY MEMBER WHO IS AN5
	152	+	AT-RISK ADULT.6
110	153		(B) O
111		-	NE MEMBER WHO HAS NOT SERVED DIRECTLY IN AN ADVOCACY
112		-	ROLE FOR AT
113		-	-RISK ADULTS.
	154	+	NE MEMBER WHO HAS NOT SERVED DIRECTLY IN AN7
	155	+	ADVOCACY ROLE FOR AT-RISK ADULTS.8
114	156		(b) (I) E
115		-	ACH OF THE MEMBERS APPOINTED BY THE CHIEF JUSTICE
116		-	MUST RESIDE IN A DIFFERENT CONGRESSIONAL DISTRICT
117		-	, AND NO MORE THAN
118		-	TWO MEMBERS APPOINTED BY THE CHIEF JUSTICE MAY BE FROM THE SAME
119		-	POLITICAL PARTY
120		-	.
	157	+	ACH OF THE MEMBERS APPOINTED BY THE CHIEF JUSTICE9
	158	+	MUST RESIDE IN A DIFFERENT CONGRESSIONAL DISTRICT , AND NO MORE10
	159	+	THAN TWO MEMBERS APPOINTED BY THE CHIEF JUSTICE MAY BE FROM THE11
	160	+	SAME POLITICAL PARTY.12
121	161		(II) E
122		-	ACH OF THE MEMBERS APPOINTED BY THE GOVERNOR MUST
123		-	RESIDE IN A DIFFERENT CONGRESSIONAL DISTRICT
124		-	, AND NO MORE THAN
125		-	THREE MEMBERS APPOINTED BY THE GOVERNOR MAY BE FROM THE SAME
126		-	POLITICAL PARTY
127		-	.
	162	+	ACH OF THE MEMBERS APPOINTED BY THE GOVERNOR MUST13
	163	+	RESIDE IN A DIFFERENT CONGRESSIONAL DISTRICT , AND NO MORE THAN14
	164	+	THREE MEMBERS APPOINTED BY THE GOVERNOR MAY BE FROM THE SAME15
	165	+	POLITICAL PARTY.16
128	166		(c) I
129		-	N MAKING APPOINTMENTS TO THE BOARD , THE CHIEF JUSTICE
130		-	AND THE GOVERNOR SHALL CONSIDER PLACE OF RESIDENCE
131		-	, INCLUDING
132		-	RURAL OR URBAN RESIDENCY
133		-	; DISABILITY; SEX; RACE; AND ETHNIC
134		-	BACKGROUND
135		-	.
	167	+	N MAKING APPOINTMENTS TO THE BOARD , THE CHIEF JUSTICE17
	168	+	AND THE GOVERNOR SHALL CONSIDER PLACE OF RESIDENCE , INCLUDING18
	169	+	RURAL OR URBAN RESIDENCY ; DISABILITY;
	170	+	SEX; RACE; AND ETHNIC19
	171	+	BACKGROUND.20
136	172		(d) E
137		-	ACH MEMBER OF THE BOARD SERVES WITHOUT COMPENSATION
138		-	BUT IS ENTITLED TO RECEIVE REIMBURSEMENT FROM THE OFFICE OF PUBLIC
139		-	GUARDIANSHIP CASH FUND CREATED IN SECTION
140		-	13-94-108 FOR ACTUAL AND
141		-	NECESSARY EXPENSES THE MEMBER INCURS IN THE PERFORMANCE OF THE
142		-	MEMBER
143		-	'S DUTIES.
	173	+	ACH MEMBER OF THE BOARD SERVES WITHOUT21
	174	+	COMPENSATION BUT IS ENTITLED TO RECEIVE REIMBURSEMENT FROM THE22
	175	+	OFFICE OF PUBLIC GUARDIANSHIP CASH F UND CREATED IN SECTION23
	176	+	13-94-108
	177	+	FOR ACTUAL AND NECESSARY EXPENSES THE MEMBER INCURS24
	178	+	IN THE PERFORMANCE OF THE MEMBER 'S DUTIES.25
144	179		(2) (a) E
145		-	ACH MEMBER OF THE BOARD SERVES AT THE PLEASURE OF
146		-	THE MEMBER
147		-	'S APPOINTING AUTHORITY . EXCEPT FOR THE INITIAL
148		-	APPOINTMENTS MADE PURSUANT TO SUBSECTION
149		-	(2)(b) OF THIS SECTION,
150		-	EACH MEMBER'S TERM OF APPOINTMENT IS FOUR YEARS. A MEMBER SHALL
151		-	NOT SERVE MORE THAN TWO CONSECUTIVE TERMS
152		-	.
	180	+	ACH MEMBER OF THE BOARD SERVES AT THE PLEASURE OF26
	181	+	THE MEMBER'S APPOINTING AUTHORITY . EXCEPT FOR THE INITIAL27
	182	+	064
	183	+	-5- APPOINTMENTS MADE PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION,1
	184	+	EACH MEMBER'S TERM OF APPOINTMENT IS FOUR YEARS. A MEMBER SHALL2
	185	+	NOT SERVE MORE THAN TWO CONSECUTIVE TERMS .3
153	186		(b) (I) T
154		-	HE CHIEF JUSTICE AND GOVERNOR SHALL MAKE INITIAL
155		-	PAGE 4-SENATE BILL 23-064 APPOINTMENTS TO THE BOARD NO LATER THAN AUGUST 1, 2023, AS
156		-	FOLLOWS
157		-	:
	187	+	HE CHIEF JUSTICE AND GOVERNOR SHALL MAKE INITIAL4
	188	+	APPOINTMENTS TO THE BOARD NO LATER THAN AUGUST 1, 2023, AS5
	189	+	FOLLOWS:6
158	190		(A) T
159		-	HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE
160		-	MEMBER TO A TERM OF FOUR YEARS FROM AMONG THE MEMBERSHIP OF THE
161		-	PUBLIC GUARDIANSHIP COMMISSION CREATED IN SECTION
162		-	13-94-104 AS IT
163		-	EXISTS ON THE EFFECTIVE DATE OF THIS SUBSECTION
164		-	(2)(b);
	191	+	HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE7
	192	+	MEMBER TO A TERM OF FOUR YEARS FROM AMONG THE MEMBERSHIP OF8
	193	+	THE PUBLIC GUARDIANSHIP COMMISSION CREATED IN SECTION 13-94-1049
	194	+	AS IT EXISTS ON THE EFFECTIVE DATE OF THIS SUBSECTION (2)(b);10
165	195		(B) T
166		-	HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE
167		-	MEMBER TO A TERM OF TWO YEARS
168		-	;
	196	+	HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE11
	197	+	MEMBER TO A TERM OF TWO YEARS ;12
169	198		(C) T
170		-	HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE
171		-	MEMBER TO A TERM OF THREE YEARS
172		-	; AND
173		-	(D) THE GOVERNOR SHALL APPOINT ONE MEMBER TO A TERM OF
174		-	FOUR YEARS
175		-	.
	199	+	HE CHIEF JUSTICE AND GOVERNOR SHALL EACH APPOINT ONE13
	200	+	MEMBER TO A TERM OF THREE YEARS ; AND14
	201	+	(D) T
	202	+	HE GOVERNOR SHALL APPOINT ONE MEMBER TO A TERM OF15
	203	+	FOUR YEARS.16
176	204		(II) T
177		-	HIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE DECEMBER 31,
178		-	2027.
	205	+	HIS SUBSECTION (2)(b) IS REPEALED, EFFECTIVE DECEMBER17
	206	+	31,
	207	+	2027.18
179	208		(3) T
180		-	HE BOARD SHALL:
	209	+	HE BOARD SHALL:19
181	210		(a) A
182		-	PPOINT THE DIRECTOR OF THE OFFICE OF ~~PUBLIC GUARDIANSHIP,~~
183		-	WHO SERVES AT THE PLEASURE OF THE BOARD ;
	211	+	PPOINT THE DIRECTOR OF THE OFFICE OF PUBLIC20
	212	+	GUARDIANSHIP, WHO SERVES AT THE PLEASURE OF THE BOARD ;21
184	213		(b) E
185		-	STABLISH BYLAWS AND OPERATING POLICIES FOR THE BOARD ;
186		-	~~AND~~
187		-	(c) ~~WORK COLLABORATIVELY WITH THE DIRECTOR TO PROVIDE~~
188		-	~~GOVERNANCE OF~~ THE ~~OFFICE~~
189		-	, FISCAL OVERSIGHT OF THE ~~GENERAL~~
190		-	OPERATING BUDGET OF THE OFFICE
191		-	, AND ~~PROGRAMMATIC OVERSIGHT , AS~~
192		-	~~ESTABLISHED IN THE BYLAWS AND OPERATING PROCEDURES OF THE BOARD~~
193		-	.
	214	+	STABLISH BYLAWS AND OPERATING POLICIES FOR THE BOARD ;22
	215	+	AND23
	216	+	(c) W
	217	+	ORK COLLABORATIVELY WITH THE DIRECTOR TO PROVIDE24
	218	+	GOVERNANCE OF THE OFFICE , FISCAL OVERSIGHT OF THE GENERAL25
	219	+	OPERATING BUDGET OF THE OFFICE, AND PROGRAMMATIC OVERSIGHT , AS26
	220	+	ESTABLISHED IN THE BYLAWS AND OPERATING PROCEDURES OF THE27
	221	+	064
	222	+	-6- BOARD.1
194	223		(4) (a) T
195		-	HE BOARD SHALL MAKE ITS INITIAL APPOINTMENT OF A
196		-	DIRECTOR PURSUANT TO SUBSECTION
197		-	(3)(a) OF THIS SECTION NO LATER
198		-	THAN
199		-	DECEMBER 31, 2023.
	224	+	HE BOARD SHALL MAKE ITS INITIAL APPOINTMENT OF A2
	225	+	DIRECTOR PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION NO LATER3
	226	+	THAN DECEMBER 31, 2023.4
200	227		(b) T
201		-	HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JUNE 30, 2024.
202		-	SECTION 5. In Colorado Revised Statutes, 13-94-105, amend (1),
203		-	PAGE 5-SENATE BILL 23-064 (2) introductory portion, (2)(c), (2)(e), (2)(f), (2)(j), (2)(k), (3), (4), and (5);
204		-	repeal (6); and add (1.5), (4.5), (6.5), (6.7), and (7) as follows:
205		-	13-94-105. Office of public guardianship - director - duties -
	228	+	HIS SUBSECTION (4) IS REPEALED, EFFECTIVE JUNE 30, 2024.5
	229	+	SECTION 5. In Colorado Revised Statutes, 13-94-105, amend6
	230	+	(1), (2) introductory portion, (2)(c), (2)(e), (2)(f), (2)(j), (2)(k), (3), (4),7
	231	+	and (5); repeal (6); and add (1.5), (4.5), (6.5), (6.7), and (7) as follows:
	232	+	8
	233	+	13-94-105. Office of public guardianship - director - duties -9
206	234		memorandum of understanding - annual report - repeal. (1) (a) T
207		-	HE
208		-	OFFICE OF PUBLIC GUARDIANSHIP IS CREATED WITHIN THE JUDICIAL
209		-	DEPARTMENT TO SERVE INDIGENT AND INCAPACITATED ADULTS IN NEED OF
210		-	GUARDIANSHIP IN EVERY JUDICIAL DISTRICT IN THE STATE NO LATER THAN
211		-	DECEMBER 31, 2030.
212		-	(b) The director shall establish, develop, and
213		-	administer the office
214		-	to serve indigent and incapacitated adults in need of guardianship in the
215		-	second, seventh, and sixteenth judicial districts and shall coordinate its THE
216		-	OFFICE
217		-	'S efforts with county departments of human services
218		-	and county
219		-	departments of social services within those districts EACH JUDICIAL DISTRICT
220		-	IN WHICH THE OFFICE PROVIDES SERVICES TO CLIENTS
221		-	.
	235	+	HE10
	236	+	OFFICE OF PUBLIC GUARDIANSHIP IS CREATED WITHIN THE JUDICIAL11
	237	+	DEPARTMENT TO SERVE INDIGENT AND INCAPACITATED ADULTS IN NEED12
	238	+	OF GUARDIANSHIP IN EVERY JUDICIAL DISTRICT IN THE STATE NO LATER13
	239	+	THAN DECEMBER 31, 2030.
	240	+	14
	241	+	(b) The director shall establish, develop, and administer the office15
	242	+	to serve indigent and incapacitated adults in need of guardianship in the16
	243	+	second, seventh, and sixteenth judicial districts and shall coordinate its17
	244	+	THE OFFICE'S efforts with county departments of human services and18
	245	+	county departments of social services within those districts EACH19
	246	+	JUDICIAL DISTRICT IN WHICH THE OFFICE PROVIDES SERVICES TO CLIENTS .20
222	247		(c) (I) T
223		-	HE OFFICE SHALL MAINTAIN OPERATIONS IN EACH JUDICIAL
224		-	DISTRICT IN WHICH IT IS OPERATING ON THE EFFECTIVE DATE OF THIS
225		-	SUBSECTION
226		-	(1)(c); SHALL BEGIN TO OPERATE IN OTHER JUDICIAL DISTRICTS
227		-	BEGINNING
228		-	JULY 1, 2025; AND SHALL OPERATE IN EVERY JUDICIAL DISTRICT
229		-	IN THE STATE NO LATER THAN
230		-	DECEMBER 31, 2030.
	248	+	HE OFFICE SHALL MAINTAIN OPERATIONS IN EACH JUDICIAL21
	249	+	DISTRICT IN WHICH IT IS OPERATING ON THE EFFECTIVE DATE OF THIS22
	250	+	SUBSECTION (1)(c); SHALL BEGIN TO OPERATE IN OTHER JUDICIAL
	251	+	23
	252	+	DISTRICTS BEGINNING JULY 1, 2025; AND SHALL OPERATE IN EVERY24
	253	+	JUDICIAL DISTRICT IN THE STATE NO LATER THAN DECEMBER 31, 2030.25
231	254		(II) T
232		-	HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JUNE 30, 2031.
233		-	(d) The director shall administer the office in accordance with the
	255	+	HIS SUBSECTION (1)(c) IS REPEALED, EFFECTIVE JUNE 30,26
	256	+	2031.
	257	+	27
	258	+	064
	259	+	-7- (d) The director shall administer the office in accordance with the1
234	260		memorandum of understanding
235		-	WITH THE JUDICIAL DEPARTMENT described
236		-	in section 13-94-104 (4). Notwithstanding any other provision of this
237		-	section, upon receiving funding sufficient to begin operations in the second
238		-	judicial district, the office must begin operations in that judicial district
239		-	prior to operating in any other district THIS SECTION. THE JUDICIAL
240		-	DEPARTMENT SHALL PROVIDE TECHNICAL AND ADMINISTRATIVE SUPPORT TO
241		-	ASSIST THE OFFICE
242		-	.
	261	+	WITH THE JUDICIAL DEPARTMENT2
	262	+	described in section 13-94-104 (4). Notwithstanding any other provision
	263	+	3
	264	+	of this section, upon receiving funding sufficient to begin operations in4
	265	+	the second judicial district, the office must begin operations in that5
	266	+	judicial district prior to operating in any other district THIS SECTION.6
	267	+	T
	268	+	HE JUDICIAL DEPARTMENT SHALL PROVIDE TECHNICAL AND7
	269	+	ADMINISTRATIVE SUPPORT TO ASSIST THE OFFICE .8
243	270		(1.5) I
244		-	N ADDITION TO ANY OTHER DUTIES OR RESPONSIBILITIES SET
245		-	FORTH IN THIS ARTICLE
246		-	94, THE OFFICE:
	271	+	N ADDITION TO ANY OTHER DUTIES OR RESPONSIBILITIES SET9
	272	+	FORTH IN THIS ARTICLE 94, THE OFFICE:10
247	273		(a) M
248		-	AY:
	274	+	AY:11
249	275		(I) I
250		-	NITIATE PETITIONS FOR GUARDIANSHIP; AND
251		-	PAGE 6-SENATE BILL 23-064 (II) TAKE ANY ACTION ON BEHALF OF AN INDIGENT AND
252		-	INCAPACITATED PERSON THAT A PRIVATE GUARDIAN MAY TAKE
253		-	, EXCEPT AS
254		-	OTHERWISE LIMITED BY LAW OR COURT ORDER
255		-	; AND
256		-	(b) SHALL USE THE ELIGIBILITY CRITERIA AND PRIORITIZATION
257		-	DESCRIBED IN SUBSECTION
258		-	(2)(b) OF THIS SECTION TO SERVE INDIVIDUALS
259		-	WITH THE GREATEST NEEDS WHEN THE NUMBER OF CASES IN WHICH
260		-	SERVICES HAVE BEEN REQUESTED EXCEEDS THE NUMBER OF CASES IN WHICH
261		-	PUBLIC GUARDIANSHIP CAN PROVIDE SERVICES
262		-	.
263		-	(2) In addition to carrying out any duties assigned by the
	276	+	NITIATE PETITIONS FOR GUARDIANSHIP; AND12
	277	+	(II) T
	278	+	AKE ANY ACTION ON BEHALF OF AN INDIGENT AND13
	279	+	INCAPACITATED PERSON THAT A PRIVATE GUARDIAN MAY TAKE , EXCEPT14
	280	+	AS OTHERWISE LIMITED BY LAW OR COURT ORDER ; AND15
	281	+	(b) S
	282	+	HALL USE THE ELIGIBILITY CRITERIA AND PRIORITIZATION16
	283	+	DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION TO SERVE INDIVIDUALS17
	284	+	WITH THE GREATEST NEEDS WHEN THE NUMBER OF CASES IN WHICH18
	285	+	SERVICES HAVE BEEN REQUESTED EXCEEDS THE NUMBER OF CASES IN19
	286	+	WHICH PUBLIC GUARDIANSHIP CAN PROVIDE SERVICES .20
	287	+	(2) In addition to carrying out any duties assigned by the21
264	288		commission
265		-	BOARD, the director shall ensure that the office provides, at a
266		-	minimum, the following services to the designated judicial districts EACH
267		-	JUDICIAL DISTRICT IN WHICH THE OFFICE OPERATES
268		-	:
269		-	(c) Appointment and post-appointment public guardianship services
270		-	of a guardian-designee
271		-	GUARDIAN for each indigent and incapacitated adult
272		-	in need of public guardianship;
273		-	(e) Recruitment, training, and oversight of guardian-designees
274		-	GUARDIANS;
275		-	(f) Development of MAINTAINING a process for receipt and
276		-	consideration of, and response to, complaints against the office, to include
277		-	INCLUDING investigation in cases in which investigation appears warranted
278		-	in the judgment of the director;
279		-	(j) Identification and establishment of relationships with local, state,
280		-	and federal governmental agencies so that guardians and
281		-	guardian-designees may apply for public benefits on behalf of wards to
282		-	obtain funding and service support, if needed; and
283		-	(k) Public education and outreach regarding the role of the office.
284		-	and guardian-designees.
285		-	(3) (a) (I) THE OFFICE SHALL EMPLOY GUARDIANS TO PROVIDE
286		-	GUARDIANSHIP SERVICES TO THE OFFICE
287		-	'S CLIENTS. EXCEPT AS PROVIDED IN
288		-	SUBSECTION
289		-	(3)(b)(II) OF THIS SECTION, A GUARDIAN MUST BE CERTIFIED BY
290		-	A STATE OR NATIONAL ORGANIZATION THAT CERTIFIES GUARDIANS
291		-	. THE
292		-	DIRECTOR SHALL INCLUDE IN THE RULES DEVELOPED PURSUANT TO SECTION
293		-	PAGE 7-SENATE BILL 23-064 13-94-107 A LIST OF THE ORGANIZATIONS WHOSE CERTIFICATIONS THE
294		-	OFFICE RECOGNIZES
295		-	.
	289	+	BOARD, the director shall ensure that the office provides, at22
	290	+	a minimum, the following services to the designated judicial districts23
	291	+	EACH JUDICIAL DISTRICT IN WHICH THE OFFICE OPERATES :24
	292	+	(c) Appointment and post-appointment public guardianship25
	293	+	services of a guardian-designee GUARDIAN for each indigent and26
	294	+	incapacitated adult in need of public guardianship;27
	295	+	064
	296	+	-8- (e) Recruitment, training, and oversight of guardian-designees1
	297	+	GUARDIANS;2
	298	+	(f) Development of MAINTAINING a process for receipt and3
	299	+	consideration of, and response to, complaints against the office, to include4
	300	+	INCLUDING investigation in cases in which investigation appears5
	301	+	warranted in the judgment of the director;6
	302	+	(j) Identification and establishment of relationships with local,7
	303	+	state, and federal governmental agencies so that guardians and8
	304	+	guardian-designees may apply for public benefits on behalf of wards to9
	305	+	obtain funding and service support, if needed; and10
	306	+	(k) Public education and outreach regarding the role of the office.11
	307	+	and guardian-designees.12
	308	+	(3) (a) (I) T
	309	+	HE OFFICE SHALL EMPLOY GUARDIANS TO PROVIDE13
	310	+	GUARDIANSHIP SERVICES TO THE OFFICE'S CLIENTS. EXCEPT AS PROVIDED14
	311	+	IN SUBSECTION (3)(b)(II) OF THIS SECTION, A GUARDIAN MUST BE15
	312	+	CERTIFIED BY A STATE OR NATIONAL ORGANIZATION THAT CERTIFIES16
	313	+	GUARDIANS. THE DIRECTOR SHALL INCLUDE IN THE RULES DEVELOPED17
	314	+	PURSUANT TO SECTION 13-94-107 A LIST OF THE ORGANIZATIONS WHOSE18
	315	+	CERTIFICATIONS THE OFFICE RECOGNIZES.19
296	316		(II) T
297		-	HE OFFICE MAY HIRE AS A GUARDIAN A PERSON WHO IS NOT
298		-	CERTIFIED
299		-	. IF THE OFFICE HIRES A PERSON WHO IS NOT CERTIFIED , THE
300		-	PERSON SHALL OBTAIN CERTIFICATION WITHIN TWO YEARS AFTER BEING
301		-	HIRED
302		-	.
303		-	(b) The director shall adopt professional standards of practice and
	317	+	HE OFFICE MAY HIRE AS A GUARDIAN A PERSON WHO IS NOT20
	318	+	CERTIFIED. IF THE OFFICE HIRES A PERSON WHO IS NOT CERTIFIED , THE21
	319	+	PERSON SHALL OBTAIN CERTIFICATION WITHIN TWO YEARS AFTER BEING22
	320	+	HIRED.23
	321	+	(b) The director shall adopt professional standards of practice and24
304	322		a code of ethics for guardians, and guardian-designees,
305		-	including a ~~policy~~
	323	+	including a policy25
306	324		concerning conflicts of interest. T
307		-	HE DIRECTOR MAY ADOPT ~~PROFESSIONAL~~
308		-	STANDARDS OF PRACTICE AND A CODE OF ETHICS DEVELOPED BY ~~A NATIONAL~~
309		-	~~ASSOCIATION OF GUARDIANS~~
310		-	.
	325	+	HE DIRECTOR MAY ADOPT PROFESSIONAL26
	326	+	STANDARDS OF PRACTICE AND A CODE OF ETHICS DEVELOPED BY A27
	327	+	064
	328	+	-9- NATIONAL ASSOCIATION OF GUARDIANS .1
311	329		(c) T
312		-	HE OFFICE SHALL PROVIDE TRAINING TO ALL GUARDIANS THAT
313		-	INCLUDES
314		-	, AT A MINIMUM, INSTRUCTION IN THE FOLLOWING AREAS :
	330	+	HE OFFICE SHALL PROVIDE TRAINING TO ALL GUARDIANS THAT2
	331	+	INCLUDES, AT A MINIMUM, INSTRUCTION IN THE FOLLOWING AREAS :3
315	332		(I) T
316		-	HE PROFESSIONAL STANDARDS OF PRACTICE AND CODE OF
317		-	ETHICS ADOPTED BY THE DIRECTOR
318		-	;
	333	+	HE PROFESSIONAL STANDARDS OF PRACTICE AND CODE OF4
	334	+	ETHICS ADOPTED BY THE DIRECTOR ;5
319	335		(II) S
320		-	TANDARDS FOR AGENCIES AND PROGRAMS PROVIDING
321		-	GUARDIANSHIP SERVICES DEVELOPED BY A NATIONAL ASSOCIATION OF
322		-	GUARDIANS AND APPROVED BY THE DIRECTOR
323		-	;
	336	+	TANDARDS FOR AGENCIES AND PROGRAMS PROVIDING6
	337	+	GUARDIANSHIP SERVICES DEVELOPED BY A NATIONAL ASSOCIATION OF7
	338	+	GUARDIANS AND APPROVED BY THE DIRECTOR ;8
324	339		(III) F
325		-	EDERAL AND STATE LAWS APPLICABLE TO PROVIDING
326		-	GUARDIANSHIP SERVICES
327		-	;
	340	+	EDERAL AND STATE LAWS APPLICABLE TO PROVIDING9
	341	+	GUARDIANSHIP SERVICES;10
328	342		(IV) C
329		-	HARACTERISTICS OF THE POPULATIONS SERVED BY ~~THE OFFICE~~
330		-	AND APPROPRIATE TERMINOLOGY TO BE USED WHEN ~~WORKING WITH THE~~
331		-	POPULATIONS SERVED BY THE OFFICE
332		-	;
	343	+	HARACTERISTICS OF THE POPULATIONS SERVED BY THE11
	344	+	OFFICE AND APPROPRIATE TERMINOLOGY TO BE USED WHEN WORKING12
	345	+	WITH THE POPULATIONS SERVED BY THE OFFICE ;
	346	+	13
333	347		(V) S
334		-	TATE AND LOCAL SOCIAL SERVICES AND RESOURCES ;
	348	+	TATE AND LOCAL SOCIAL SERVICES AND RESOURCES ;14
335	349		(VI) A
336	350		CTIVE LISTENING SKILLS;
	351	+	15
337	352		(VII) B
338		-	EST PRACTICES IN CONFIDENTIALITY , DECISION-MAKING,
	353	+	EST PRACTICES IN CONFIDENTIALITY, DECISION-MAKING,16
339	354		ETHICS, AND MEDICAL DECISION-MAKING; AND
340		-	(VIII) PLANNING SUPPORTS THAT INCLUDE LESS RESTRICTIVE
341		-	ALTERNATIVES SUCH AS LIMITED GUARDIANSHIPS AND SUPPORTIVE
342		-	PAGE 8-SENATE BILL 23-064 DECISION-MAKING.
	355	+	17
	356	+	(VIII) P
	357	+	LANNING SUPPORTS THAT INCLUDE LESS RESTRICTIVE
	358	+	18
	359	+	ALTERNATIVES SUCH AS LIMITED GUARDIANSHIPS AND SUPPORTIVE19
	360	+	DECISION-MAKING.20
343	361		(d) P
344		-	RIOR TO EMPLOYING A PERSON , THE OFFICE OF PUBLIC
345		-	GUARDIANSHIP SHALL SUBMIT THE NAME OF THE PERSON TO BE HIRED
346		-	, AS
347		-	WELL AS ANY OTHER REQUIRED IDENTIFYING INFORMATION
348		-	, TO THE
349		-	DEPARTMENT OF HUMAN SERVICES FOR A CHECK OF THE
350		-	COLORADO ADULT
351		-	PROTECTIVE SERVICES DATA SYSTEM PURSUANT TO SECTION
352		-	26-3.1-111 TO
353		-	DETERMINE IF THE PERSON IS SUBSTANTIATED IN A CASE OF MISTREATMENT
354		-	OF AN AT
355		-	-RISK ADULT.
356		-	(4) On or before January 1, 2023,
357		-	JANUARY 1 OF EACH YEAR, the
358		-	director shall submit to the judiciary committees of the senate and the house
359		-	of representatives, or to
360		-	any successor committees, a report concerning the
361		-	activities of the office. The report, at a minimum, must
362		-	SUMMARIZE THE
363		-	OFFICE
364		-	'S WORK OVER THE PRIOR STATE FISCAL YEAR IN PROVIDING
365		-	GUARDIANSHIP SERVICES FOR INDIGENT AND INCAPACITATED ADULTS AND
366		-	IDENTIFY ANY NOTABLE EFFICIENCIES AND OBSTACLES THAT THE OFFICE
367		-	INCURRED IN PROVIDING GUARDIANSHIP SERVICES DURING THE PRIOR STATE
368		-	FISCAL YEAR
369		-	. THE OFFICE SHALL NOT INCLUDE ANY PERSONAL IDENTIFYING
370		-	INFORMATION ABOUT ANY CLIENT IN ITS ANNUAL REPORT
371		-	.
372		-	N
373		-	OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE ANNUAL REPORT
374		-	REQUIRED IN THIS SUBSECTION
375		-	(4) CONTINUES INDEFINITELY.
	362	+	RIOR TO EMPLOYING A PERSON , THE OFFICE OF PUBLIC21
	363	+	GUARDIANSHIP SHALL SUBMIT THE NAME OF THE PERSON TO BE HIRED , AS22
	364	+	WELL AS ANY OTHER REQUIRED IDENTIFYING INFORMATION , TO THE23
	365	+	DEPARTMENT OF HUMAN SERVICES FOR A CHECK OF THE COLORADO24
	366	+	ADULT PROTECTIVE SERVICES DATA SYSTEM PURSUANT TO SECTION25
	367	+	26-3.1-111
	368	+	TO DETERMINE IF THE PERSON IS SUBSTANTIATED IN A CASE OF26
	369	+	MISTREATMENT OF AN AT-RISK ADULT.27
	370	+	064
	371	+	-10- (4) On or before January 1, 2023, JANUARY 1 OF EACH YEAR, the1
	372	+	director shall submit to the judiciary committees of the senate and the2
	373	+	house of representatives, or to any successor committees, a report3
	374	+	concerning the activities of the office. The report, at a minimum, must4
	375	+	SUMMARIZE THE OFFICE'S WORK OVER THE PRIOR STATE FISCAL YEAR IN5
	376	+	PROVIDING GUARDIANSHIP SERVICES FOR INDIGENT AND INCAPACITATED6
	377	+	ADULTS AND IDENTIFY ANY NOTABLE EFFICIENCIES AND OBSTACLES THAT7
	378	+	THE OFFICE INCURRED IN PROVIDING GUARDIANSHIP SERVICES DURING THE8
	379	+	PRIOR STATE FISCAL YEAR . THE OFFICE SHALL NOT INCLUDE ANY9
	380	+	PERSONAL IDENTIFYING INFORMATION ABOUT ANY CLIENT IN ITS ANNUAL10
	381	+	REPORT. NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE ANNUAL11
	382	+	REPORT REQUIRED IN THIS SUBSECTION (4) CONTINUES INDEFINITELY.12
376	383		(a) Quantify, to the extent possible, Colorado's unmet need for
377		-	~~public guardianship services for indigent and incapacitated adults;~~
378		-	~~(b) Quantify,~~ ~~to the extent possible,~~ ~~the average annual cost of~~
379		-	~~providing guardianship services~~ to ~~indigent and incapacitated adults;~~
380		-	~~(c) Quantify,~~ to ~~the extent possible,~~ ~~the net cost or benefit, if any, to~~
381		-	~~the state that may result from~~ the ~~provision of guardianship services to each~~
382		-	~~indigent and incapacitated adult in each judicial district of~~ the state;
383		-	~~(d) Identify any notable efficiencies~~ and ~~obstacles that~~ the ~~office~~
384		-	~~incurred in providing public guardianship services pursuant to this article~~
385		-	~~94;~~
386		-	~~(e) Assess whether an independent statewide office of public~~
387		-	~~guardianship or a nonprofit agency is preferable and feasible;~~
388		-	~~PAGE 9-SENATE~~ ~~BILL 23-064~~ ~~(f) Analyze costs~~ and ~~off-setting savings to the state from the~~
389		-	~~delivery of public guardianship services;~~
390		-	~~(g) Provide uniform and consistent data elements regarding service~~
391		-	~~delivery in an aggregate format that does not include any personal~~
392		-	~~identifying information of any adult; and~~
393		-	~~(h) Assess funding models and viable funding sources for~~ an
394		-	~~independent office~~ of ~~public guardianship or a nonprofit agency, including~~
395		-	~~the possibility of~~ funding ~~with a statewide increase in probate court filing~~
396		-	~~fees.~~
397		-	~~(4.5) NO LATER THAN JUNE 30,~~ ~~2030, BUT NO EARLIER THAN JULY 1,~~
398		-	~~2027,~~
399		-	~~THE STATE AUDITOR SHALL CONDUCT OR CAUSE TO BE CONDUCTED A~~
400		-	~~PERFORMANCE AUDIT OF THE OFFICE~~
401		-	.
402		-	~~(5) In addition to performing the duties described in this section~~, ~~the~~
403		-	~~director~~, ~~in consultation with~~ the ~~commission~~
404		-	~~BOARD, shall develop,~~
405		-	~~PERIODICALLY EVALUATE,~~ ~~AND, IF~~ THE ~~DIRECTOR AND BOARD DETERMINE IT~~
406		-	~~IS NECESSARY~~
407		-	, ~~UPDATE a strategy for~~ the ~~discontinuation of the office~~
408		-	TO
409		-	~~WIND UP~~ THE ~~OFFICE~~
410		-	'S AFFAIRS in the event that the general ~~assemblydeclines to continue or expand the office after 2023 OFFICE IS~~
411		-	~~DISCONTINUED~~
412		-	. The strategy must include consideration of how to ~~meet the~~
413		-	guardianship needs of adults who will no longer be able to ~~receive~~
414		-	guardianship services from the office.
415		-	(6) Prior to employment, the office of public guardianship, ~~pursuant~~
416		-	to section 25-1.5-103 (1)(a)(I)(A), shall submit the name of ~~a person hired~~
417		-	as a guardian or guardian's designee, as well as any ~~other required~~
418		-	identifying information, to the department of human services ~~for a check of~~
419		-	the Colorado adult protective services data system pursuant ~~to section~~
420		-	26-3.1-111 to determine if the person is substantiated in a case of
421		-	mistreatment of an at-risk adult.
422		-	(6.5) (a) ~~THE OFFICE AND THE JUDICIAL DEPARTMENT SHALL~~
423		-	~~OPERATE PURSUANT TO A MEMORANDUM OF UNDERST ANDING BETWEEN THE~~
424		-	~~TWO ENTITIES~~
425		-	~~. THE OFFICE AND JUDICIAL DEPARTMENT SHALL ENTER INTO~~
426		-	~~A MEMORANDUM OF UNDERSTANDING THAT COMPLIES WITH THIS~~
427		-	~~SUBSECTION~~
428		-	~~(6.5)(~~a~~) NO LATER THAN DECEMBER 31,~~ ~~2023. THE~~
429		-	~~MEMORANDUM OF UNDERSTANDING MUST CONTAIN~~
430		-	, AT A MINIMUM:
431		-	~~PAGE 10-SENATE BILL 23-064~~ (I) A ~~REQUIREMENT THAT THE OFFICE HAVE ITS OWN PERSONNEL~~
432		-	~~RULES~~
433		-	;
	384	+	13
	385	+	public guardianship services for indigent and incapacitated adults;14
	386	+	(b) Quantify, to the extent possible, the average annual cost of15
	387	+	providing guardianship services to indigent and incapacitated adults;16
	388	+	(c) Quantify, to the extent possible, the net cost or benefit, if any,17
	389	+	to the state that may result from the provision of guardianship services to18
	390	+	each indigent and incapacitated adult in each judicial district of the state;19
	391	+	(d) Identify any notable efficiencies and obstacles that the office20
	392	+	incurred in providing public guardianship services pursuant to this article21
	393	+	94;22
	394	+	(e) Assess whether an independent statewide office of public23
	395	+	guardianship or a nonprofit agency is preferable and feasible;24
	396	+	(f) Analyze costs and off-setting savings to the state from the25
	397	+	delivery of public guardianship services;26
	398	+	(g) Provide uniform and consistent data elements regarding27
	399	+	064
	400	+	-11- service delivery in an aggregate format that does not include any personal1
	401	+	identifying information of any adult; and2
	402	+	(h) Assess funding models and viable funding sources for an3
	403	+	independent office of public guardianship or a nonprofit agency,4
	404	+	including the possibility of funding with a statewide increase in probate5
	405	+	court filing fees.6
	406	+	(4.5) N
	407	+	O LATER THAN JUNE 30, 2030, BUT NO EARLIER THAN JULY
	408	+	7
	409	+	1,
	410	+	2027, THE STATE AUDITOR SHALL CONDUCT OR CAUSE TO BE
	411	+	8
	412	+	CONDUCTED A PERFORMANCE AUDIT OF THE OFFICE .9
	413	+	(5) In addition to performing the duties described in this section,10
	414	+	the director, in consultation with the commission BOARD, shall develop,11
	415	+	PERIODICALLY EVALUATE, AND, IF THE DIRECTOR AND BOARD DETERMINE12
	416	+	IT IS NECESSARY, UPDATE a strategy for the discontinuation of the office13
	417	+	TO WIND UP THE OFFICE'S AFFAIRS in the event that the general assembly14
	418	+	declines to continue or expand the office after 2023 OFFICE IS15
	419	+	DISCONTINUED. The strategy must include consideration of how to meet16
	420	+	the guardianship needs of adults who will no longer be able to receive17
	421	+	guardianship services from the office.18
	422	+	(6) Prior to employment, the office of public guardianship,19
	423	+	pursuant to section 25-1.5-103 (1)(a)(I)(A), shall submit the name of a20
	424	+	person hired as a guardian or guardian's designee, as well as any other21
	425	+	required identifying information, to the department of human services for22
	426	+	a check of the Colorado adult protective services data system pursuant to23
	427	+	section 26-3.1-111 to determine if the person is substantiated in a case of24
	428	+	mistreatment of an at-risk adult.25
	429	+	(6.5) (a) T
	430	+	HE
	431	+	OFFICE AND THE JUDICIAL DEPARTMENT SHALL26
	432	+	OPERATE PURSUANT TO A MEMORANDUM OF UNDERSTANDING BETWEEN27
	433	+	064
	434	+	-12- THE TWO ENTITIES. THE OFFICE AND JUDICIAL DEPARTMENT SHALL ENTER1
	435	+	INTO A MEMORANDUM OF UNDERSTANDING THAT COMPLIES WITH THIS2
	436	+	SUBSECTION (6.5)(a) NO LATER THAN DECEMBER 31, 2023. THE3
	437	+	MEMORANDUM OF UNDERSTANDING MUST CONTAIN , AT A MINIMUM:4
	438	+	(I) A
	439	+	REQUIREMENT THAT THE OFFICE HAVE ITS OWN PERSONNEL5
	440	+	RULES;6
434	441		(II) A
435		-	REQUIREMENT THAT THE DIRECTOR HAVE INDEPENDENT
436		-	HIRING AND TERMINATION AUTHORITY OVER OFFICE EMPLOYEES
437		-	;
	442	+	REQUIREMENT THAT THE DIRECTOR HAVE INDEPENDENT7
	443	+	HIRING AND TERMINATION AUTHORITY OVER OFFICE EMPLOYEES ;8
438	444		(III) A
439		-	REQUIREMENT THAT THE OFFICE FOLLOW JUDICIAL FISCAL
440		-	RULES
441		-	;
	445	+	REQUIREMENT THAT THE OFFICE FOLLOW JUDICIAL FISCAL9
	446	+	RULES;10
442	447		(IV) A
443		-	REQUIREMENT THAT THE JUDICIAL DEPARTMENT PROVIDE
444		-	HUMAN RESOURCES
445		-	, BUDGET MANAGEMENT , ACCOUNTING, INFORMATION
446		-	TECHNOLOGY SUPPORT
447		-	, LEGAL SERVICES, AND ADMINISTRATIVE STAFF
448		-	SERVICES AT LOW OR NO COST TO THE OFFICE
449		-	, AND A REQUIREMENT THAT
450		-	THE JUDICIAL DEPARTMENT PROVIDE THE OFFICE WITH A DIRECT CONTACT
451		-	FOR EACH SERVICE
452		-	;
	448	+	REQUIREMENT THAT THE JUDICIAL DEPARTMENT PROVIDE11
	449	+	HUMAN RESOURCES, BUDGET MANAGEMENT , ACCOUNTING, INFORMATION12
	450	+	TECHNOLOGY SUPPORT , LEGAL SERVICES, AND ADMINISTRATIVE STAFF13
	451	+	SERVICES AT LOW OR NO COST TO THE OFFICE, AND A REQUIREMENT THAT14
	452	+	THE JUDICIAL DEPARTMENT PROVIDE THE OFFICE WITH A DIRECT CONTACT15
	453	+	FOR EACH SERVICE;16
453	454		(V) A
454		-	PROCESS FOR ASSIGNING OFFICE SPACE FOR THE OFFICE'S MAIN
455		-	OFFICE
456		-	, WHICH MUST BE LOCATED IN DENVER, AND OTHER OFFICE SPACE IN
457		-	EACH JUDICIAL DISTRICT
458		-	; AND
459		-	(VI) ANY OTHER PROVISIONS REGARDING ADMINISTRATIVE SUPPORT
460		-	TO HELP MAINTAIN THE INDEPENDENCE OF THE OFFICE
461		-	.
	455	+	PROCESS FOR ASSIGNING OFFICE SPACE FOR THE OFFICE 'S17
	456	+	MAIN OFFICE, WHICH MUST BE LOCATED IN DENVER, AND OTHER OFFICE18
	457	+	SPACE IN EACH JUDICIAL DISTRICT; AND19
	458	+	(VI) A
	459	+	NY OTHER PROVISIONS REGARDING ADMINISTRATIVE20
	460	+	SUPPORT TO HELP MAINTAIN THE INDEPENDENCE OF THE OFFICE .21
462	461		(b) (I) A
463		-	MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE
464		-	AND THE JUDICIAL DEPARTMENT IN EFFECT ON THE DAY BEFORE THE
465		-	EFFECTIVE DATE OF THIS SUBSECTION
466		-	(6.5)(b) REMAINS IN EFFECT UNTIL A
467		-	NEW MEMORANDUM OF UNDERSTANDING IS ENTERED INTO PURSUANT TO
468		-	SUBSECTION
469		-	(6.5)(a) OF THIS SECTION.
	462	+	MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE22
	463	+	AND THE JUDICIAL DEPARTMENT IN EFFECT ON THE DAY BEFORE THE23
	464	+	EFFECTIVE DATE OF THIS SUBSECTION (6.5)(b)
	465	+	REMAINS IN EFFECT UNTIL24
	466	+	A NEW MEMORANDUM OF UNDERST ANDING IS ENTERED INTO PURSUANT TO25
	467	+	SUBSECTION (6.5)(a) OF THIS SECTION.26
470	468		(II) T
471		-	HIS SUBSECTION (6.5)(b) IS REPEALED, EFFECTIVE JUNE 30,
472		-	2024.
473		-	(6.7) T
474		-	HE OFFICE IS AN INCLUDED AGENCY FOR THE PURPOSES OF
475		-	ARTICLE
476		-	100 OF THIS TITLE 13 AND RECEIVES ADMINISTRATIVE AND FISCAL
477		-	SUPPORT SERVICES FROM THE OFFICE OF ADMINISTRATIVE SERVICES FOR
478		-	INDEPENDENT AGENCIES
479		-	. THE OFFICE AND JUDICIAL DEPARTMENT SHALL
480		-	OPERATE PURSUANT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN
481		-	THE OFFICE AND THE JUDICIAL DEPARTMENT IN EFFECT ON THE DAY BEFORE
482		-	THE EFFECTIVE DATE OF THIS SUBSECTION
483		-	(6.7) UNTIL THE OFFICE BEGINS
484		-	RECEIVING ADMINISTRATIVE AND FISCAL SUPPORT SERVICES FROM THE
485		-	PAGE 11-SENATE BILL 23-064 OFFICE OF ADMINISTRATIVE SERVICES FOR INDEPENDENT AGENCIES . THE
486		-	OFFICE AND JUDICIAL DEPARTMENT MAY AMEND THE EXISTING
487		-	MEMORANDUM OF UNDERSTANDING
488		-	.
	469	+	HIS SUBSECTION (6.5)(b)
	470	+	IS REPEALED, EFFECTIVE JUNE 30,27
	471	+	064
	472	+	-13- 2024.1
	473	+	(6.7) (a) T
	474	+	HE OFFICE IS AN INCLUDED AGENCY FOR THE PURPOSES
	475	+	2
	476	+	OF ARTICLE 100 OF THIS TITLE 13 AND RECEIVES ADMINISTRATIVE AND3
	477	+	FISCAL SUPPORT SERVICES FROM THE OFFICE OF ADMINISTRATIVE SERVICES4
	478	+	FOR INDEPENDENT AGENCIES . THE OFFICE AND JUDICIAL DEPARTMENT5
	479	+	SHALL OPERATE PURSUANT TO THE MEMORANDUM OF UNDERSTANDING6
	480	+	BETWEEN THE OFFICE AND THE JUDICIAL DEPARTMENT IN EFFECT ON THE7
	481	+	DAY BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (6.7) UNTIL THE8
	482	+	OFFICE BEGINS RECEIVING ADMINISTRATIVE AND FISCAL SUPPORT9
	483	+	SERVICES FROM THE OFFICE OF ADMINISTRATIVE SERVICES FOR10
	484	+	INDEPENDENT AGENCIES. THE OFFICE AND JUDICIAL DEPARTMENT MAY11
	485	+	AMEND THE EXISTING MEMORANDUM OF UNDERSTANDING .12
489	486		(7) (a) T
490		-	HE DIRECTOR OF THE OFFICE ON THE DAY BEFORE THE
491		-	EFFECTIVE DATE OF THIS SUBSECTION
492		-	(7) SHALL CONTINUE TO CARRY OUT
493		-	THE DIRECTOR
494		-	'S DUTIES SET FORTH IN THIS ARTICLE 94 UNTIL THE BOARD
495		-	APPOINTS A DIRECTOR PURSUANT TO SECTION
496		-	13-94-104.1 (3)(a).
	487	+	HE DIRECTOR OF THE OFFICE ON THE DAY BEFORE THE13
	488	+	EFFECTIVE DATE OF THIS SUBSECTION (7) SHALL CONTINUE TO CARRY OUT14
	489	+	THE DIRECTOR'S DUTIES SET FORTH IN THIS ARTICLE 94 UNTIL THE BOARD15
	490	+	APPOINTS A DIRECTOR PURSUANT TO SECTION 13-94-104.1 (3)(a).16
497	491		(b) T
498		-	HIS SUBSECTION (7) IS REPEALED, EFFECTIVE JUNE 30, 2024.
499		-	SECTION 6. In Colorado Revised Statutes, amend 13-94-106 as
500		-	follows:
501		-	13-94-106. Costs - waiver of court costs and filing fees - bond not
502		-	required. (1) The court shall waive court costs and filing fees in any
503		-	proceeding in which an indigent and incapacitated adult is receiving public
504		-	guardianship services from the office
505		-	AND SHALL WAIVE FILING FEES FOR
506		-	PETITIONS FOR GUARDIANSHIP FILED BY THE OFFICE IN A CASE THAT
507		-	INVOLVES A PERSON WHO IS ELIGIBLE FOR GUARDIANSHIP SERVICES FROM
508		-	THE OFFICE
509		-	.
	492	+	HIS SUBSECTION (7) IS REPEALED, EFFECTIVE JUNE 30, 2024.17
	493	+	SECTION 6. In Colorado Revised Statutes, amend 13-94-106 as18
	494	+	follows:19
	495	+	13-94-106. Costs - waiver of court costs and filing fees - bond20
	496	+	not required. (1) The court shall waive court costs and filing fees in any21
	497	+	proceeding in which an indigent and incapacitated adult is receiving22
	498	+	public guardianship services from the office
	499	+	AND SHALL WAIVE FILING23
	500	+	FEES FOR PETITIONS FOR GUARDIANSHIP FILED BY THE OFFICE IN A CASE24
	501	+	THAT INVOLVES A PERSON WHO IS ELIGIBLE FOR GUARDIANSHIP SERVICES25
	502	+	FROM THE OFFICE.26
510	503		(2) A
511		-	COURT SHALL NOT REQUIRE THE OFFICE OR A ~~GUARDIAN~~
512		-	~~EMPLOYED BY THE OFFICE TO POST A BOND AS A CONDITION FOR~~
513		-	~~APPOINTMENT~~ AS A ~~GUARDIAN OR TO PROVIDE SERVICES PURSUANT TO THIS~~
514		-	~~ARTICLE~~
515		-	94.
516		-	SECTION 7. In Colorado Revised Statutes, amend 13-94-107, as
517		-	follows:
518		-	13-94-107. Director shall develop rules. (1) The director ~~shall~~
519		-	develop rules to implement this article 94. The rules, at a minimum, ~~must~~
520		-	include policies concerning:
521		-	(a) Conflicts of interest for guardians and guardian-~~designees~~
522		-	employed pursuant to this article 94; ~~and~~
523		-	(b) The solicitation and acceptance of gifts, grants, and ~~donations~~
	504	+	COURT SHALL NOT REQUIRE THE OFFICE OR A GUARDIAN27
	505	+	064
	506	+	-14- EMPLOYED BY THE OFFICE TO POST A BOND AS A CONDITION FOR1
	507	+	APPOINTMENT AS A GUARDIAN OR TO PROVIDE SERVICES PURSUANT TO2
	508	+	THIS ARTICLE 94.3
	509	+	SECTION 7. In Colorado Revised Statutes, amend 13-94-107,4
	510	+	as follows:5
	511	+	13-94-107. Director shall develop rules. (1) The director shall6
	512	+	develop rules to implement this article 94. The rules, at a minimum, must7
	513	+	include policies concerning:8
	514	+	(a) Conflicts of interest for guardians and guardian-designees9
	515	+	employed pursuant to this article 94; and10
	516	+	(b) The solicitation and acceptance of gifts, grants, and donations11
524	517		pursuant to section 13-94-108 (3);
525		-	~~AND~~
526		-	~~PAGE 12-SENATE BILL 23-064~~ (c) A ~~LIST OF THE ORGANIZATIONS THAT CERTIFY GUARDIANS AND~~
527		-	~~WHOSE CERTIFICATIONS ARE RECOGNIZED BY~~ THE ~~OFFICE~~
528		-	.
	518	+	AND12
	519	+	(c) A
	520	+	LIST OF THE ORGANIZATIONS THAT CERTIFY GUARDIANS AND13
	521	+	WHOSE CERTIFICATIONS ARE RECOGNIZED BY THE OFFICE .14
529	522		SECTION 8. In Colorado Revised Statutes, amend 13-94-108 as
530		-	follows:
531		-	13-94-108. Office of public guardianship cash fund - created -
532		-	gifts, grants, and donations. (1) The office of public guardianship cash
533		-	fund, referred to in this section as the "fund", is created in the state treasury.
534		-	The fund consists of any money that the office receives from gifts, grants,
535		-	or donations, as well as any other money appropriated to the fund by the
536		-	general assembly.
537		-	(2) The money in the fund is annually appropriated to the judicial
538		-	department to pay the expenses of the office. All interest and income
539		-	derived from the investment and deposit of money in the fund is credited to
540		-	the fund. Any unexpended and unencumbered money remaining in the fund
541		-	at the end of a fiscal year must remain in the fund and not be credited or
542		-	transferred to the general fund or any other fund. except that any money
543		-	remaining in the fund on June 30, 2024, shall be transferred to the general
544		-	fund.
545		-	(3) The office may seek, and accept, AND EXPEND gifts, grants, or
546		-	donations from private or public sources for the purposes of this article 94;
547		-	except that the office may not accept a gift, grant, or donation that is subject
548		-	to conditions that are inconsistent with this article 94 or any other law of the
549		-	state. The office shall transmit all private and public money received
550		-	through gifts, grants, or donations to the state treasurer, who shall credit the
551		-	same to the fund.
552		-	SECTION 9. In Colorado Revised Statutes, repeal 13-94-111 as
553		-	follows:
554		-	13-94-111. Repeal - wind-up. (1) This article 94 is repealed,
555		-	effective June 30, 2024. Prior to such repeal, the general assembly, after
556		-	reviewing the report submitted by the director pursuant to section 13-94-105
557		-	(4), shall consider whether to enact legislation to continue, discontinue, or
558		-	expand the office.
559		-	(2) If the general assembly has adjourned the legislative session
560		-	PAGE 13-SENATE BILL 23-064 beginning in January of 2023 sine die without enacting legislation to
561		-	continue or expand the office, the office shall notify the joint budget
562		-	committee that the office will not be continued and that court fees may be
563		-	reduced by the amount deposited to the office of public guardianship cash
564		-	fund, implement its discontinuation plan developed pursuant to section
565		-	13-94-105, and wind up its affairs prior to the repeal of this article 94.
566		-	SECTION 10. In Colorado Revised Statutes, 26-3.1-111, amend
567		-	(3)(b) and (7)(j) as follows:
568		-	26-3.1-111. Access to CAPS - employment checks -
569		-	conservatorship and guardianship checks - confidentiality - fees - rules
570		-	- legislative declaration - definitions. (3) (b) Conservatorship and
571		-	guardianship CAPS checks. Beginning January 1, 2022, the state
572		-	department shall provide the courts the results of a CAPS check, upon the
573		-	court's request and using forms approved by the state department, to
574		-	determine if a person who may be appointed as a conservator or guardian
575		-	of an at-risk adult is substantiated in a case of mistreatment of an at-risk
576		-	adult. This subsection (3)(b) does not apply to office of public guardianship
577		-	employees required to undergo a CAPS check pursuant to sections
578		-	13-94-105 (6) SECTION 13-94-105 and 26-3.1-111 (7)(j) SUBSECTION (7)(j)
579		-	OF THIS SECTION, or adult protective services employees required to undergo
580		-	a CAPS check pursuant to section 26-3.1-107 (2).
581		-	(7) The following employers shall request a CAPS check pursuant
582		-	to this section:
583		-	(j) The office of public guardianship pursuant to section 13-94-105.
584		-	(6).
585		-	SECTION 11. Effective date. (1) Except as otherwise provided in
586		-	this section, this act takes effect upon passage.
587		-	(2) Section 13-94-105 (6.5), Colorado Revised Statutes, enacted in
588		-	section 5 of this act, takes effect only if Senate Bill 23-228 does not become
589		-	law.
590		-	(3) Section 13-94-105 (6.7), Colorado Revised Statutes, enacted in
591		-	section 5 of this act, takes effect only if Senate Bill 23-228 becomes law, in
592		-	which case section 13-94-105 (6.7) takes effect on the effective date of this
593		-	PAGE 14-SENATE BILL 23-064 act or Senate Bill 23-228, whichever is later.
594		-	SECTION 12. Safety clause. The general assembly hereby finds,
595		-	determines, and declares that this act is necessary for the immediate
596		-	preservation of the public peace, health, or safety.
597		-	____________________________ ____________________________
598		-	Steve Fenberg Julie McCluskie
599		-	PRESIDENT OF SPEAKER OF THE HOUSE
600		-	THE SENATE OF REPRESENTATIVES
601		-	____________________________ ____________________________
602		-	Cindi L. Markwell Robin Jones
603		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
604		-	THE SENATE OF REPRESENTATIVES
605		-	APPROVED________________________________________
606		-	(Date and Time)
607		-	_________________________________________
608		-	Jared S. Polis
609		-	GOVERNOR OF THE STATE OF COLORADO
610		-	PAGE 15-SENATE BILL 23-064
	523	+	15
	524	+	follows:16
	525	+	13-94-108. Office of public guardianship cash fund - created17
	526	+	- gifts, grants, and donations. (1) The office of public guardianship18
	527	+	cash fund, referred to in this section as the "fund", is created in the state19
	528	+	treasury. The fund consists of any money that the office receives from20
	529	+	gifts, grants, or donations, as well as any other money appropriated to the21
	530	+	fund by the general assembly.22
	531	+	(2) The money in the fund is annually appropriated to the judicial23
	532	+	department to pay the expenses of the office. All interest and income24
	533	+	derived from the investment and deposit of money in the fund is credited25
	534	+	to the fund. Any unexpended and unencumbered money remaining in the26
	535	+	fund at the end of a fiscal year must remain in the fund and not be27
	536	+	064
	537	+	-15- credited or transferred to the general fund or any other fund. except that1
	538	+	any money remaining in the fund on June 30, 2024, shall be transferred2
	539	+	to the general fund.3
	540	+	(3) The office may seek, and accept, AND EXPEND gifts, grants, or4
	541	+	donations from private or public sources for the purposes of this article5
	542	+	94; except that the office may not accept a gift, grant, or donation that is6
	543	+	subject to conditions that are inconsistent with this article 94 or any other7
	544	+	law of the state. The office shall transmit all private and public money8
	545	+	received through gifts, grants, or donations to the state treasurer, who9
	546	+	shall credit the same to the fund.10
	547	+	SECTION 9. In Colorado Revised Statutes, repeal 13-94-111 as11
	548	+	follows:12
	549	+	13-94-111. Repeal - wind-up. (1) This article 94 is repealed,13
	550	+	effective June 30, 2024. Prior to such repeal, the general assembly, after14
	551	+	reviewing the report submitted by the director pursuant to section15
	552	+	13-94-105 (4), shall consider whether to enact legislation to continue,16
	553	+	discontinue, or expand the office.17
	554	+	(2) If the general assembly has adjourned the legislative session18
	555	+	beginning in January of 2023 sine die without enacting legislation to19
	556	+	continue or expand the office, the office shall notify the joint budget20
	557	+	committee that the office will not be continued and that court fees may be21
	558	+	reduced by the amount deposited to the office of public guardianship cash22
	559	+	fund, implement its discontinuation plan developed pursuant to section23
	560	+	13-94-105, and wind up its affairs prior to the repeal of this article 94.24
	561	+	SECTION 10. In Colorado Revised Statutes, 26-3.1-111, amend25
	562	+	(3)(b) and (7)(j) as follows:26
	563	+	26-3.1-111. Access to CAPS - employment checks -27
	564	+	064
	565	+	-16- conservatorship and guardianship checks - confidentiality - fees -1
	566	+	rules - legislative declaration - definitions. (3) (b) Conservatorship2
	567	+	and guardianship CAPS checks. Beginning January 1, 2022, the state3
	568	+	department shall provide the courts the results of a CAPS check, upon the4
	569	+	court's request and using forms approved by the state department, to5
	570	+	determine if a person who may be appointed as a conservator or guardian6
	571	+	of an at-risk adult is substantiated in a case of mistreatment of an at-risk7
	572	+	adult. This subsection (3)(b) does not apply to office of public8
	573	+	guardianship employees required to undergo a CAPS check pursuant to9
	574	+	sections 13-94-105 (6) SECTION 13-94-105 and 26-3.1-111 (7)(j)10
	575	+	SUBSECTION (7)(j) OF THIS SECTION, or adult protective services11
	576	+	employees required to undergo a CAPS check pursuant to section12
	577	+	26-3.1-107 (2).13
	578	+	(7) The following employers shall request a CAPS check pursuant14
	579	+	to this section:15
	580	+	(j) The office of public guardianship pursuant to section16
	581	+	13-94-105. (6).17
	582	+	SECTION 11. Effective date. (1) Except as otherwise provided18
	583	+	in this section, this act takes effect upon passage.19
	584	+	(2) Section 13-94-105 (6.5), Colorado Revised Statutes, enacted20
	585	+	in section 5 of this act, takes effect only if Senate Bill 23-228 does not21
	586	+	become law.22
	587	+	(3) Section 13-94-105 (6.7), Colorado Revised Statutes, enacted23
	588	+	in section 5 of this act, takes effect only if Senate Bill 23-228 becomes24
	589	+	law, in which case section 13-94-105 (6.7) takes effect on the effective25
	590	+	date of this act or Senate Bill 23-228, whichever is later.26
	591	+	SECTION 12. Safety clause. The general assembly hereby finds,27
	592	+	064
	593	+	-17- determines, and declares that this act is necessary for the immediate1
	594	+	preservation of the public peace, health, or safety.2
	595	+	064
	596	+	-18-