Colorado 2023 Regular Session

Colorado Senate Bill SB149 Latest Draft

Bill / Enrolled Version Filed 05/03/2023

                            SENATE BILL 23-149
BY SENATOR(S) Coleman and Exum, Bridges, Buckner, Cutter, Fields,
Ginal, Gonzales, Hansen, Jaquez Lewis, Kolker, Marchman, Moreno,
Priola, Sullivan, Winter F., Fenberg;
also REPRESENTATIVE(S) Bacon, Amabile, Bird, Boesenecker, Brown,
deGruy Kennedy, English, Epps, Froelich, Garcia, Gonzales-Gutierrez,
Hamrick, Jodeh, Joseph, Lieder, Lindsay, Lindstedt, Lukens, Mabrey,
McLachlan, Michaelson Jenet, Ortiz, Ricks, Sharbini, Sirota, Snyder, Story,
Titone, Valdez, Velasco, Weissman, Willford, Young, McCluskie.
C
ONCERNING THE CREATION OF A PROGRAM TO PROVIDE HIGHER EDUCATION
FINANCIAL ASSISTANCE TO STUDENTS WHO PERFORM YOUTH
MENTORSHIP
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
 
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 23-3.3-1010 as
follows:
23-3.3-1010.  Youth mentorship assistance grant pilot program
- creation - policies - reports - definitions - repeal. (1)  T
HERE IS CREATED
IN THE INITIATIVE THE YOUTH MENTORSHIP ASSISTANCE GRANT PILOT
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. PROGRAM. THE PURPOSE OF THE PROGRAM IS TO PROVIDE FINANCIAL
ASSISTANCE TO A STUDENT WHO PROVIDES MENTORSHIP SERVICES TO
DEFRAY THE COST OF THE STUDENT
'S ATTENDANCE AT A PUBLIC INSTITUTION
OF HIGHER EDUCATION
.
(2)  T
HE BOARD SHALL:
(a)  S
ELECT APPROVED YOUTH MENTORSHIP ORGANIZATIONS TO
PARTICIPATE IN THE PROGRAM
. THE BOARD SHALL SELECT ONE APPROVED
YOUTH MENTORSHIP ORGANIZATION FROM EACH OF THE FOLLOWING TYPES
OF ORGANIZATIONS
:
(I)  A
 YOUTH MENTORSHIP ORGANIZATION FOR YOUTH WHO ARE
LESBIAN
, GAY, BISEXUAL, TRANSGENDER, OR QUEER;
(II)  A
 YOUTH MENTORSHIP ORGANIZATION FOR YOUTH WHO HAVE A
PHYSICAL
, MENTAL, OR DEVELOPMENTAL DISABILITY;
(III)  A
 YOUTH MENTORSHIP ORGANIZATION FOR YOUTH OF COLOR ;
AND
(IV)  A YOUTH MENTORSHIP ORGANIZATION FOR YOUTH WHO ARE
JUSTICE INVOLVED
.
(b)  T
O THE EXTENT POSSIBLE , SELECT APPROVED YOUTH
MENTORSHIP ORGANIZATIONS TO PARTICIPATE IN THE PROGRAM THAT SERVE
YOUTH WHO RESIDE IN RURAL AND URBAN AREAS OF THE STATE
;
(c)  E
STABLISH A MAXIMUM CAP , OR VARIOUS MAXIMUM CAPS , ON
THE AMOUNT THAT ELIGIBLE STUDENT
-MENTORS MAY EARN THROUGH
PROVIDING MENTORSHIP SERVICES
; AND
(d)  ESTABLISH PRIORITY CONSIDERATION FOR ELIGIBLE
STUDENT
-MENTORS WHO DEMONSTRATE THE GREATEST FINANCIAL
ASSISTANCE NEEDS
.
(3)  T
O BE AN APPROVED YOUTH MENTORSHIP ORGANIZATION , A
YOUTH MENTORSHIP ORGANIZATION SHALL
:
(a)  A
PPLY TO THE BOARD IN THE TIME AND MANNER REQUIRED BY
PAGE 2-SENATE BILL 23-149 THE BOARD; AND
(b) (I)  HAVE A POLICY AND PROCEDURE REQUIRING A STATE AND
NATIONAL FINGERPRINT
-BASED CRIMINAL HISTORY RECORD CHECK
UTILIZING THE RECORDS OF THE 
COLORADO BUREAU OF INVESTIGATION AND
THE FEDERAL BUREAU OF INVESTIGATION OF ALL PROSPECTIVE ELIGIBLE
STUDENT
-MENTORS, VOLUNTEERS, AND EMPLOYEES.
(II)  T
HE YOUTH MENTORSHIP ORGANIZATION SHALL NOT PERMIT
PROSPECTIVE ELIGIBLE STUDENT
-MENTORS, VOLUNTEERS, OR EMPLOYEES TO
SERVE THE ORGANIZATION IF THEY HAVE BEEN CONVICTED OF
, ENTERED A
PLEA OF GUILTY OR NOLO CONTENDERE TO
, OR RECEIVED A DEFERRED
SENTENCE FOR
:
(A)  A
 FELONY CRIME INVOLVING UNLAWFUL SEXUAL BEHAVIOR OR
UNLAWFUL BEHAVIOR INVOLVING CHILDREN
;
(B)  A
 FELONY CRIME, THE UNDERLYING FACTUAL BASIS OF WHICH
HAS BEEN FOUND BY THE COURT ON THE RECORD TO INVOLVE DOMESTIC
VIOLENCE
;
(C)  A
 MISDEMEANOR CRIME INVOLVING UNLAWFUL SEXUAL
BEHAVIOR OR UNLAWFUL BEHAVIOR INVOLVING CHILDREN
; OR
(D)  A MISDEMEANOR CRIME, THE UNDERLYING FACTUAL BASIS OF
WHICH HAS BEEN FOUND BY THE COURT ON THE RECORD TO INVOLVE
DOMESTIC VIOLENCE
.
(4)  T
O BE AN ELIGIBLE STUDENT-MENTOR, THE STUDENT SHALL:
(a)  A
PPLY TO THE APPROVED YOUTH MENTORSHIP ORGANIZATION IN
THE TIME AND MANNER SPECIFIED BY THE BOARD
;
(b)  S
ATISFY ALL ELIGIBILITY REQUIREMENTS NECESSARY TO BE A
STUDENT
-MENTOR THROUGH THE APPROVED YOUTH MENTORSHIP
ORGANIZATION
, INCLUDING COMPLETING THE FINGERPRINT-BASED CRIMINAL
HISTORY RECORD CHECK AS REQUIRED BY SUBSECTION
 (3)(b) OF THIS
SECTION
; AND
(c)  BE ENROLLED IN A QUALIFIED PUBLIC INSTITUTION OF HIGHER
PAGE 3-SENATE BILL 23-149 EDUCATION FOR THE DURATION OF THE MENTORSHIP .
(5) (a)  T
HE BOARD SHALL ESTABLISH POLICIES THAT ENSURE THAT
PROGRAM MONEY IS USED FOR APPROVED ELIGIBLE STUDENT
-MENTORS'
HIGHER EDUCATION COST OF ATTENDANCE 	AND THAT ELIGIBLE
STUDENT
-MENTORS WHO PARTICIPATE IN THE PROGRAM PROVIDE EVIDENCE
OF PROGRAM COMPLIANCE TO EARN THE FINANCIAL ASSISTANCE FOR COST
OF ATTENDANCE
. THE BOARD SHALL ESTABLISH POLICIES FOR THE
REPAYMENT OF ANY FINANCIAL ASSISTANCE APPLIED TOWARD THE COST OF
ATTENDANCE FOR THE ELIGIBLE STUDENT
-MENTOR THAT THE ELIGIBLE
STUDENT
-MENTOR DID NOT EARN.
(b)  T
HE BOARD MAY ESTABLISH POLICIES NECESSARY FOR THE
ADMINISTRATION OF THE PROGRAM
, INCLUDING THE DATES FOR
DISBURSEMENTS TO APPROVED YOUTH MENTORSHIP ORGANIZATIONS AND
ELIGIBLE STUDENT
-MENTORS' PUBLIC INSTITUTIONS OF HIGHER EDUCATION.
(6)  F
OR THE 2023-24 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE ONE HUNDRED THOUSAND DOLLARS FROM THE GENERAL
FUND TO THE DEPARTMENT FOR USE BY THE BOARD FOR SCHOLARSHIPS
AWARDED PURSUANT TO THIS SECTION
. NOTHING IN THIS SECTION
AUTHORIZES THE DEPARTMENT OR BOARD TO USE THE APPROPRIATION FOR
ADMINISTRATIVE COSTS ASSOCIATED WITH IMPLEMENTING OR
ADMINISTERING THE PROGRAM
, OR THE APPROVED YOUTH MENTORSHIP
ORGANIZATION TO USE THE MONEY RECEIVED THROUGH THE PROGRAM FOR
ADMINISTRATIVE COSTS ASSOCIATED WITH IMPLEMENTING OR
ADMINISTERING THE PROGRAM
. ANY MONEY APPROPRIATED PURSUANT TO
THIS SECTION NOT EXPENDED PRIOR TO 
JULY 1, 2024, IS FURTHER
APPROPRIATED TO THE DEPARTMENT FOR USE BY THE BOARD FOR THE
2024-25 AND 2025-26 STATE FISCAL YEARS FOR THE SAME PURPOSE .
(7) (a)  O
N OR BEFORE JANUARY 1, 2024, THE BOARD SHALL MAKE ITS
FIRST DISBURSEMENT TO APPROVED YOUTH MENTORSHIP ORGANIZATIONS
.
(b)  A
N APPROVED YOUTH MENTORSHIP ORGANIZATION SHALL
DISBURSE THE MONEY RECEIVED THROUGH THE PROGRAM TO THE QUALIFIED
PUBLIC INSTITUTION OF HIGHER EDUCATION IN WHICH AN ELIGIBLE
STUDENT
-MENTOR WHO PROVIDES SERVICE TO THE YOUTH MENTORSHIP
ORGANIZATION IS ENROLLED
, TO BE APPLIED TOWARD THE COST OF
ATTENDANCE FOR THE ELIGIBLE STUDENT
-MENTOR IN EXCHANGE FOR THE
PAGE 4-SENATE BILL 23-149 MENTORSHIP SERVICES PROVIDED BY THE ELIGIBLE STUDENT -MENTOR. THE
AMOUNT DISBURSED PURSUANT TO THIS SUBSECTION
 (7)(b) MUST NOT
EXCEED THE APPLICABLE CAP ESTABLISHED BY THE BOARD PURSUANT TO
SUBSECTION
 (2)(c) OF THIS SECTION.
(c)  A
T THE END OF THE GRANT TERM , THE APPROVED YOUTH
MENTORSHIP ORGANIZATIONS SHALL RETURN ANY UNUSED MONEY RECEIVED
THROUGH THE PROGRAM TO THE DEPARTMENT
.
(8) (a)  A
N APPROVED YOUTH MENTORSHIP ORGANIZATION SHALL
SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT THAT INCLUDES
:
(I)  A
 DESCRIPTION OF THE APPROVED YOUTH MENTORSHIP
ORGANIZATION
, INCLUDING ITS LOCATION, THE SERVICES IT PROVIDES,
DEMOGRAPHIC INFORMATION OF THE MENTEES IT SERVES , AND SUMMARIES
OF THE PROGRAM
'S IMPACT ON THE MENTEES SERVED ; EXCEPT THAT ANY
SUMMARY MUST NOT DISCLOSE THE IDENTITY OF A MENTEE OR INCLUDE
PERSONAL INFORMATION THAT COULD DISCLOSE THE IDENTITY OF A MENTEE
;
(II)  T
HE NUMBER OF ELIGIBLE-STUDENT MENTORS WHO PROVIDED
MENTORSHIP SERVICES TO THE APPROVED YOUTH MENTORSHIP
ORGANIZATION DURING THE PRECEDING STATE FISCAL YEAR
, IN TOTAL AND
DISAGGREGATED BY RACE
, ETHNICITY, GENDER IDENTITY, AND THE
QUALIFIED PUBLIC INSTITUTION OF HIGHER EDUCATION IN WHICH THE
ELIGIBLE
-STUDENT MENTORS ARE ENROLLED ; AND
(III)  THE AMOUNT OF MONEY RECEIVED BY THE APPROVED YOUTH
MENTORSHIP ORGANIZATION FROM THE PROGRAM
, IN TOTAL AND
DISAGGREGATED BY PAYMENTS TO PUBLIC INSTITUTIONS OF HIGHER
EDUCATION
.
(b)  O
N OR BEFORE DECEMBER 1, 2024, AND ON OR BEFORE
DECEMBER 1 EACH YEAR THEREAFTER, THE DEPARTMENT SHALL SUBMIT A
REPORT TO THE EDUCATION COMMITTEES OF THE SENATE AND HOUSE OF
REPRESENTATIVES
, OR ANY SUCCESSOR COMMITTEES , CONCERNING THE
PROGRAM IN THE PRECEDING STATE FISCAL YEAR
. AT A MINIMUM, THE
REPORT MUST INCLUDE INFORMATION CONCERNING
:
(I)  T
HE INFORMATION PROVIDED BY THE APPROVED YOUTH
MENTORSHIP ORGANIZATIONS DESCRIBED IN SUBSECTION
 (8)(a) OF THIS
PAGE 5-SENATE BILL 23-149 SECTION;
(II)  I
F AVAILABLE, THE NUMBER OF ELIGIBLE-STUDENT MENTORS
WHO PARTICIPATED IN THE PROGRAM WHO CONTINUED ENROLLMENT IN THE
QUALIFIED PUBLIC INSTITUTION OF HIGHER EDUCATION IN A SUBSEQUENT
ACADEMIC TERM
, REPORTED FOR THE PROGRAM AS A WHOLE AND FOR EACH
INSTITUTION
, IN TOTAL AND DISAGGREGATED BY RACE , ETHNICITY, AND
GENDER IDENTITY
; AND
(III)  IF AVAILABLE, THE NUMBER OF ELIGIBLE-STUDENT MENTORS
WHO PARTICIPATED IN THE PROGRAM WHO GRADUATED FROM THE QUALIFIED
PUBLIC INSTITUTION OF HIGHER EDUCATION
, REPORTED FOR THE PROGRAM
AS A WHOLE AND FOR EACH INSTITUTION
, IN TOTAL AND DISAGGREGATED BY
RACE
, ETHNICITY, AND GENDER IDENTITY.
(9)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a)  "P
ROGRAM" MEANS THE YOUTH MENTORSHIP ASSISTANCE GRANT
PILOT PROGRAM CREATED IN SUBSECTION 
(1) OF THIS SECTION.
(b)  "P
UBLIC INSTITUTION OF HIGHER EDUCATION " MEANS A STATE
INSTITUTION OF HIGHER EDUCATION IDENTIFIED IN SECTION 
23-18-102
(10)(a), 
A LOCAL DISTRICT COLLEGE, OR AN AREA TECHNICAL COLLEGE.
(c)  "Y
OUTH MENTORSHIP ORGANIZATION " MEANS A
COMMUNITY
-BASED ORGANIZATION THAT PROVIDES MENTORSHIP SERVICES
TO YOUTH WHO RESIDE IN COMMUNITIES THAT WERE HISTORICALLY AND ARE
CURRENTLY NEGATIVELY IMPACTED BY STRUCTURAL AND SYSTEMIC DESIGN
,
AND CONSEQUENTLY HAVE NO OR LIMITED ACCESS TO QUALITY MENTORSHIP
SERVICES
.
(10)  T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.
SECTION 2.  Appropriation. For the 2023-24 state fiscal year,
$100,000 is appropriated to the department of higher education for use by
the Colorado opportunity scholarship board. This appropriation is from the
general fund. To implement this act, the board may use this appropriation
for the youth mentorship stipend pilot program.
PAGE 6-SENATE BILL 23-149 SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________  ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________  ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 23-149