First Regular Session Seventy-fourth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 23-0321.01 Chelsea Princell x4335 SENATE BILL 23-076 Senate Committees House Committees Education Education Appropriations Legislative Council A BILL FOR AN ACT C ONCERNING THE CONTINUATION OF THE COLORADO YOUTH101 ADVISORY COUNCIL, AND, IN CONNECTION THEREWITH , MAKING 102 AN APPROPRIATION.103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov/ .) Sunset Process - Senate Education Committee. The Colorado youth advisory council (advisory committee) is set to repeal September 1, 2023. The bill implements the department of regulatory agencies' recommendation to continue the advisory committee indefinitely. HOUSE Amended 2nd Reading May 3, 2023 SENATE 3rd Reading Unamended February 24, 2023 SENATE Amended 2nd Reading February 23, 2023 SENATE SPONSORSHIP Coleman and Marchman, Buckner, Fields, Kolker, Rich, Bridges, Cutter, Exum, Ginal, Hansen, Jaquez Lewis, Moreno, Mullica, Roberts, Simpson, Winter F., Zenzinger HOUSE SPONSORSHIP McLachlan and Vigil, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 2-2-1304, amend2 (4)(a) and (6)(b) as follows:3 2-2-1304. Duties - meetings - community outreach -4 designation of organization to accept donations - authority to5 contract.6 (4) (a) On or before September 1, 2013, and every third7 September 1 thereafter THROUGH SEPTEMBER 1, 2019, the council shall,8 in conjunction with the director of the legislative council, use a request9 for proposal process to contract with and designate one or more nonprofit10 organizations to provide staffing and operational assistance and to serve11 as the custodian of moneys MONEY donated to the council through the12 designated organization. THE CONTRACTOR SELECTED FOLLOWING THE13 2019 REQUEST FOR PROPOSAL PROCESS SHALL, PURSUANT TO ONE OR14 MORE CONTRACTS, PROVIDE SUCH STAFFING, OPERATIONAL, AND15 CUSTODIAN SERVICES THROUGH JUNE 30, 2023. THEREAFTER, THE16 COUNCIL SHALL, IN CONJUNCTION WITH THE DIRECTOR OF THE17 LEGISLATIVE COUNCIL, ON OR BEFORE APRIL 30, 2023, AND, EXCEPT AS18 OTHERWISE PROVIDED IN THIS SUBSECTION (4)(a), ON OR BEFORE EVERY19 SECOND APRIL 15 THEREAFTER, USE A REQUEST FOR PROPOSAL PROCESS20 TO CONTRACT WITH AND DESIGNATE ONE OR MORE NONPROFIT21 ORGANIZATIONS TO PROVIDE SUCH STAFFING, OPERATIONAL, AND22 CUSTODIAN SERVICES. THE TERM OF EACH CONTRACT ENTERED INTO FOR23 A TERM COMMENCING ON OR AFTER JULY 1, 2023, IS TWO STATE FISCAL24 YEARS; EXCEPT THAT ANY SUCH CONTRACT MAY BE EXTENDED FOR ONE25 ADDITIONAL TWO-YEAR TERM. IF A CONTRACT IS EXTENDED, THE REQUEST26 076-2- FOR PROPOSAL FOR THE NEXT CONTRACT MUST BE ISSUED ON OR BEFORE1 THE APRIL 15 IMMEDIATELY PRECEDING THE EXPIRATION OF THE2 EXTENSION TERM. The designated organization shall not be the custodian3 of any moneys MONEY appropriated by the state and credited to the fund4 created in section 2-2-1306. The designated organization is authorized to5 expend any moneys MONEY it receives as is necessary for the operation6 of the council and may solicit and accept monetary and in-kind gifts,7 grants, and donations used to further the council's duties and8 responsibilities. Any such moneys MONEY donated or awarded to the9 designated organization for the benefit of the council are IS not subject to10 appropriation by the general assembly. Any such moneys MONEY obtained11 by the council or the designated organization and not in the fund that are12 IS unexpended and unencumbered at the time the council is dissolved13 shall be distributed according to appropriate federal and state laws14 governing nonprofit organizations. If a different nonprofit or private15 organization is subsequently designated as the custodian of donated16 moneys MONEY in accordance with this paragraph (a), any moneys MONEY17 that are IS unexpended and unencumbered at the time of the change in18 designation shall be promptly transferred by the previously designated19 organization to the newly designated organization.20 (6) (b) On or before April 30, 2021, APRIL 20, 2023, and on or21 before April 30 APRIL 1 of each year thereafter, the council shall select22 five members to serve as nonvoting members of the review committee23 during the subsequent legislative interim.24 SECTION 2. In Colorado Revised Statutes, 2-2-1305.5, amend25 (3)(b) and (4) as follows:26 2-2-1305.5. Colorado youth advisory council review committee27 076 -3- - created. (3) (b) On or before April 30, 2021, APRIL 20, 2023, and on or1 before April 30 APRIL 1 of each year thereafter, the chair of the legislative2 council shall appoint the member serving pursuant to subsection (2)(a)(II)3 of this section to serve during the subsequent legislative interim.4 (4) In odd-numbered years, the speaker of the house of5 representatives shall appoint the chair of the review committee and the6 president of the senate shall appoint the vice-chair. In even-numbered7 years, the president of the senate shall appoint the chair and the speaker8 of the house of representatives shall appoint the vice-chair. The9 appointing authorities shall make the appointments on or before April 3010 APRIL 20, 2023, AND ON OR BEFORE APRIL 1 of each year THEREAFTER.11 SECTION 3. In Colorado Revised Statutes, 2-3-1301.5, amend12 (4) as follows:13 2-2-1301.5. Definitions. As used in this part 13, unless the14 context otherwise requires:15 (4) "Review committee" means the REPRESENTATIVE HUGH16 MCKEAN Colorado youth advisory council review committee created in17 section 2-2-1305.5. 18 SECTION 4. In Colorado Revised Statutes, 2-2-1305.5, amend19 (1) as follows:20 2-2-1305.5. Representative Hugh McKean Colorado youth21 advisory council review committee - created. (1) There is created in22 the legislative branch the REPRESENTATIVE HUGH MCKEAN Colorado23 youth advisory council review committee to review the council's work24 and to recommend legislation regarding issues affecting Colorado youth.25 The committee is comprised of ten members, as described in subsection26 (2) of this section.27 076 -4- SECTION 5. In Colorado Revised Statutes, amend 2-2-1307 as1 follows:2 2-2-1307. Repeal of part. This part 13 is repealed, effective3 September 1, 2023 SEPTEMBER 1, 2028. Prior to the repeal of this part 13,4 the council must be reviewed as provided for in section 2-3-1203.5 SECTION 6. In Colorado Revised Statutes, 2-3-1203, repeal6 (14)(a)(VI); and add (19)(a)(II) as follows:7 2-3-1203. Sunset review of advisory committees - legislative8 declaration - definition - repeal. (14) (a) The following statutory9 authorizations for the designated advisory committees are scheduled for10 repeal on September 1, 2023:11 (VI) The Colorado youth advisory council created in section12 2-2-1302;13 (19) (a) The following statutory authorizations for the designated14 advisory committees will repeal on September 1, 2028:15 (II) T HE COLORADO YOUTH ADVISORY COUNCIL CREATED IN 16 SECTION 2-2-1302.17 SECTION 7. Appropriation. For the 2023-24 state fiscal year,18 $50,000 is appropriated to the youth advisory council cash fund created19 in section 2-2-1306, C.R.S. This appropriation is from the general fund.20 The legislative department is responsible for the accounting related to this21 appropriation.22 SECTION 8. Safety clause. The general assembly hereby23 finds, determines, and declares that this act is necessary for the immediate24 preservation of the public peace, health, or safety.25 076 -5-