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. 23-0902.02 Zach Blaes x4348 SENATE BILL 23-241 Senate Committees House Committees Appropriations Appropriations A BILL FOR AN ACT C ONCERNING THE CREATION OF THE OFFICE OF SCHOOL SAFETY , AND,101 IN CONNECTION THEREWITH , REQUIRING THE DIRECTOR OF THE102 OFFICE OF SCHOOL SAFETY TO APPOINT A GRANTS MANAGER ,103 CREATING A CRISIS RESPONSE UNIT WITHIN THE OFFICE OF104 SCHOOL SAFETY, SPECIFYING THAT THE OFFICE OF SCHOOL105 SAFETY HAS OVERSIGHT OVER THE SCHOOL SAFETY RESOURCE106 CENTER, SPECIFYING THAT THE SCHOOL ACCESS FOR107 EMERGENCY RESPONSE GRANT PROGRAM IS ADMINISTERED BY108 THE OFFICE OF SCHOOL SAFETY , CREATING A YOUTH VIOLENCE109 GRANT PROGRAM ADMINISTERED BY THE OFFICE, AND MAKING110 AN APPROPRIATION.111 Bill Summary HOUSE Amended 2nd Reading April 5, 2023 SENATE 3rd Reading Unamended March 30, 2023 SENATE Amended 2nd Reading March 29, 2023 SENATE SPONSORSHIP Bridges and Kirkmeyer, Baisley, Buckner, Coleman, Cutter, Exum, Fenberg, Fields, Gardner, Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Liston, Lundeen, Moreno, Mullica, Pelton B., Pelton R., Priola, Rich, Roberts, Simpson, Smallwood, Van Winkle, Will, Winter F. HOUSE SPONSORSHIP Bird and Bockenfeld, 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. (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/ .) Joint Budget Committee. The bill creates the office of school safety (office) within the office of the executive director in the department of public safety. The office oversees the school safety resource center (center), which assists schools in preventing, preparing for, responding to, and recovering from emergencies and crisis situations by offering training and other supportive services. The director of the office is required to appoint the director of the center and appoint a grants manager to assist schools in obtaining funding related to school safety. The bill also creates the crisis response unit within the office to assist schools in responding to a crisis or emergency event. Currently, the school access for emergency response grant program (SAFER) is administered by the division of homeland security and emergency management in the department of public safety. The bill moves the administration of SAFER to the office. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-33.5-1802,2 amend (1), and (2); and add (3.5) as follows:3 24-33.5-1802. Definitions. As used in this part 18, unless the4 context otherwise requires:5 (1) "Advisory board" means the school safety resource center6 advisory board created in the OFFICE IN THE department pursuant to7 section 24-33.5-1804.8 (2) "Center" means the school safety resource center created in the9 department OFFICE pursuant to section 24-33.5-1803.10 (3.5) "O FFICE" MEANS THE OFFICE OF SCHOOL SAFETY CREATED IN11 SECTION 24-33.5-2702.12 SECTION 2. In Colorado Revised Statutes, 24-33.5-1803,13 amend (1), (2), and (3)(g) as follows:14 241-2- 24-33.5-1803. School safety resource center - created - duties.1 (1) There is hereby created within the department OFFICE the school2 safety resource center to assist schools in preventing, preparing for,3 responding to, and recovering from emergencies and crisis situations and4 to foster positive learning environments. The director of the center shall5 be IS appointed by the executive director DIRECTOR OF THE OFFICE6 pursuant to section 13 of article XII of the state constitution.7 (2) The center and the director shall exercise their powers and8 perform their duties and functions under the department and the executive9 director as if the same were transferred to the department by a type 210 transfer, as such transfer is defined in the "Administrative Organization11 Act of 1968", article 1 of this title IS A TYPE 2 ENTITY, AS DEFINED IN12 SECTION 24-1-105, AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES13 AND FUNCTIONS UNDER THE OFFICE .14 (3) The center has the following duties:15 (g) To provide information and resources relating to school safety,16 school emergency response planning and training, and interoperable17 communications in schools, as determined by the center, to the division18 of fire prevention and control in the department of public safety to be19 distributed to school districts and schools pursuant to section20 24-33.5-1213.4. N OTHING IN THIS SUBSECTION (3)(g) PERMITS PROVIDING 21 A FIREARM, AS DEFINED IN SECTION 18-1-901, TO A SCHOOL DISTRICT OR22 A SCHOOL.23 SECTION 3. In Colorado Revised Statutes, 24-33.5-1804,24 amend (1) as follows:25 24-33.5-1804. School safety resource center advisory board -26 created. (1) There is hereby created in the department OFFICE the school27 241 -3- safety resource center advisory board to recommend policies of the1 center.2 SECTION 4. In Colorado Revised Statutes, amend 24-33.5-18053 as follows:4 24-33.5-1805. Authorization to contract for services. The5 department OFFICE is authorized to contract for services with any state,6 county, local, municipal, NONPROFIT ENTITY, or private agency to7 implement the provisions of this part 18 and fulfill the duties of the8 center, which duties are described in section 24-33.5-1803 (3).9 SECTION 5. In Colorado Revised Statutes, amend 24-33.5-180610 as follows:11 24-33.5-1806. Evaluation - report. (1) N OTWITHSTANDING12 SECTION 24-1-136 (11)(a)(I), on or before January 1, 2010, AND ON OR13 BEFORE JANUARY 1 OF EACH YEAR THEREAFTER, the director shall prepare14 and submit to the executive director a report evaluating the efficacy and15 value of the services provided by the center to schools.16 (2) N OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), on or before17 January 15, 2010, AND ON OR BEFORE JANUARY 15 OF EACH YEAR18 THEREAFTER, the executive director shall prepare and submit to the19 education and judiciary committees of the house of representatives and20 the senate, or any successor committees, a report evaluating the efficacy21 and value of the services provided by the center to schools.22 23 SECTION 6. In Colorado Revised Statutes, 24-33.5-1810,24 amend (3)(f); and add (3)(h) and (3)(i) as follows:25 24-33.5-1810. School security disbursement program - created26 - rules - definitions - repeal. (3) An eligible entity that receives a27 241 -4- disbursement from the disbursement program may use the disbursed1 money only for the following purposes:2 (f) Developing and providing training programs, curriculums, and3 seminars related to school safety incident response; and4 (h) IMPLEMENTING A SCHOOL RESOURCE OFFICER PROGRAM; AND5 (i) TO IMPLEMENT A CO-RESPONDER PROGRAM .6 SECTION 7. In Colorado Revised Statutes, 24-33.5-2103,7 amend (3) as follows:8 24-33.5-2103. Definitions. As used in this part 21, unless the9 context otherwise requires:10 (3) "Director" means the director of the division of homeland11 security and emergency management created in section 24-33.5-160312 OFFICE OF SCHOOL SAFETY CREATED IN SECTION 24-33.5-2702.13 SECTION 8. In Colorado Revised Statutes, 24-33.5-2104,14 amend (1) and (3) as follows:15 24-33.5-2104. School access for emergency response grant16 program - created - rules. (1) There is hereby created in the department17 in the division of homeland security and emergency management OFFICE18 OF SCHOOL SAFETY CREATED IN SECTION 24-33.5-2702 the school access19 for emergency response grant program to provide grants to schools and20 public safety communications system owners to provide funding for21 needed interoperable communication hardware, software, equipment22 maintenance, and training to allow for seamless communications between23 new or existing school communications systems and first responder24 communications systems.25 (3) The division of homeland security and emergency26 management OFFICE OF SCHOOL SAFETY CREATED IN SECTION27 241 -5- 24-33.5-2702 shall administer the grant program and, subject to available1 appropriations, shall award grants as provided in this part 21. Subject to2 available appropriations, grants shall MUST be paid out of the fund created3 in section 24-33.5-2107.4 SECTION 9. In Colorado Revised Statutes, 24-33.5-2105,5 amend (1) introductory portion as follows:6 24-33.5-2105. Grant program - application - criteria - awards.7 (1) A school is required to have a memorandum of understanding with8 its regional public safety 911 answering point or the local law9 enforcement agency or agencies that serve the school for communications10 interoperability to be eligible to apply for a grant. To receive a grant, a11 school must submit an application to the division of homeland security12 and emergency management OFFICE OF SCHOOL SAFETY CREATED IN13 SECTION 24-33.5-2702 in accordance with rules promulgated by the14 director. At a minimum, the application must include the following15 information:16 SECTION 10. In Colorado Revised Statutes, 24-33.5-2106,17 amend (1) introductory portion as follows:18 24-33.5-2106. Reporting requirements. (1) On or before19 January 15, 2020, and on or before January 15 each year thereafter for the20 duration of the grant program, each school that receives a grant through21 the grant program shall submit a report to the division of homeland22 security and emergency management OFFICE OF SCHOOL SAFETY CREATED23 IN SECTION 24-33.5-2702. At a minimum, the report must include the24 following information:25 SECTION 11. In Colorado Revised Statutes, 24-33.5-2107,26 amend (1)(b) and (4) as follows:27 241 -6- 24-33.5-2107. School access for emergency response grant1 program cash fund. (1) (b) On July 1, 2018, and each July 1 thereafter2 through July 1, 2023 JULY 1, 2028, the state treasurer shall transfer five3 million dollars to the fund from the state public school fund created in4 section 22-54-114.5 (4) The state treasurer shall transfer all unexpended and6 unencumbered money in the fund to the general fund after the grant7 program repeals pursuant to section 24-33.5-2108 ON JUNE 30, 2029.8 SECTION 12. In Colorado Revised Statutes, amend9 24-33.5-2108 as follows:10 24-33.5-2108. Repeal of part. This part 21 is repealed, effective11 July 1, 2024 JULY 1, 2029.12 SECTION 13. In Colorado Revised Statutes, add part 27 to13 article 33.5 of title 24 as follows:14 PART 2715 OFFICE OF SCHOOL SAFETY16 24-33.5-2701. Definitions. A S USED IN THIS PART 27, UNLESS THE17 CONTEXT OTHERWISE REQUIRES :18 (1) "C ENTER" MEANS THE SCHOOL SAFETY RESOURCE CENTER19 CREATED IN SECTION 24-33.5-1803.20 (2) "D EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC SAFETY .21 (3) "D IRECTOR" MEANS THE DIRECTOR OF THE OFFICE.22 (4) "E XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF23 THE DEPARTMENT.24 (5) "O FFICE" MEANS THE OFFICE OF SCHOOL SAFETY CREATED IN25 SECTION 24-33.5-2702. 26 (6) "S CHOOL" MEANS AN INSTITUTION AT WHICH INSTRUCTION IS27 241 -7- PROVIDED BY INSTRUCTORS TO STUDENTS IN ONE OR MORE BUILDINGS ON1 A CAMPUS. "SCHOOL" INCLUDES A SCHOOL SERVING ANY OF GRADES2 PRESCHOOL THR OUGH TWELVE AND AN INSTITUTION OF HIGHER3 EDUCATION.4 24-33.5-2702. Office of school safety - created - duties - grants5 manager - crisis response unit. (1) T HE OFFICE OF SCHOOL SAFETY IS6 HEREBY CREATED WITHIN THE OFFICE OF THE EXECUTIVE DIRECTOR . THE7 EXECUTIVE DIRECTOR SHALL APPOINT A DIRECTOR OF THE OFFICE8 PURSUANT TO SECTION 13 OF ARTICLE XII OF THE STATE CONSTITUTION.9 T HE OFFICE IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND10 EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER11 THE EXECUTIVE DIRECTOR.12 (2) T HE OFFICE HAS THE FOLLOWING DUTIES:13 (a) T O OVERSEE THE CENTER;14 (b) T O ADMINISTER THE SCHOOL ACCESS FOR EMERGENCY15 RESPONSE GRANT PROGRAM CREATED IN SECTION 24-33.5-2104;16 (c) T O PROMOTE EQUITABLE ACCESS TO SCHOOL SAFETY SUPPORT17 FOR ALL SCHOOLS;18 (d) T O ASSIST SCHOOLS IN ASSESSING ANY SCHOOL SAFETY19 CHALLENGES;20 (e) T O ASSIST SCHOOLS IN OBTAINING ANY AVAILABLE FUNDING OR21 GRANTS RELATED TO SCHOOL SAFETY ;22 (f) T O PROVIDE TECHNICAL ASSISTANCE TO SCHOOLS TO IMPROVE23 SCHOOL SAFETY; 24 (g) TO ADMINISTER THE YOUTH VIOLENCE PREVENTION GRANT25 PROGRAM; AND26 (h) ANY OTHER DUTIES RELATED TO THE IMPLEMENTATION OF THIS27 241 -8- SECTION.1 (3) T HE DIRECTOR SHALL APPOINT A GRANTS MANAGER TO ASSIST2 SCHOOLS IN OBTAINING ANY FUNDING OR GRANTS AVAILABLE PURSUANT3 TO SECTION 24-33.5-2703, ANY FUNDING AVAILABLE PURSUANT TO PART4 18 OF ARTICLE 33.5 OF TITLE 24, ANY FUNDING AVAILABLE PURSUANT TO5 PART 21 OF ARTICLE 33.5 OF TITLE 24, AND ANY OTHER AVAILABLE6 FUNDING RELATED TO SCHOOL SAFETY .7 (4) T HE CRISIS RESPONSE UNIT IS HEREBY CREATED WITHIN THE8 OFFICE. THE UNIT SHALL ASSIST SCHOOLS IN RESPONDING TO A CRISIS OR9 EMERGENCY EVENT.10 24-33.5-2703. Youth violence prevention grant program -11 created. THERE IS HEREBY CREATED IN THE OFFICE THE YOUTH VIOLENCE12 PREVENTION GRANT PROGRAM TO PROVIDE RAPID RESPONSE GRANTS TO13 PUBLIC SCHOOLS, PUBLIC CHARTER SCHOOLS, COMMUNITY-BASED14 ORGANIZATIONS, AND CITIES AND COUNTIES WITH YOUTH DIVERSION OR15 PROBATION PROGRAMS TO ADDRESS YOUTH VIOLENCE , DEVELOP16 STRATEGIES FOR PREVENTING YOUTH VIOLENCE , AND DEVELOP17 STRATEGIES FOR YOUTH VIOLENCE INTERVENTION . THE OFFICE SHALL GIVE18 PRIORITY TO ORGANIZATIONS IN COMMUNITIES FACING SIGNIFICANT RATES19 OF YOUTH VIOLENCE. ANY GRANT AWARDED MUST NOT EXCEED ONE20 HUNDRED THOUSAND DOLLARS. THE OFFICE MAY ESTABLISH GUIDELINES21 NECESSARY FOR THE ADMINISTRATION OF THE GRANT PROGRAM ,22 INCLUDING GRANT APPLICATION PROCEDURES , CRITERIA FOR DETERMINING23 THE AMOUNT AND DURATION OF GRANTS, AND REPORTING REQUIREMENTS24 FOR ORGANIZATIONS THAT RECEIVE GRANTS .25 SECTION 14. In Colorado Revised Statutes, 24-1-128.6, add26 (10) and (11) as follows:27 241 -9- 24-1-128.6. Department of public safety - creation - repeal.1 (10) T HE OFFICE OF SCHOOL SAFETY, CREATED IN SECTION 24-33.5-2702,2 IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS3 POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE OFFICE OF4 THE EXECUTIVE DIRECTOR IN THE DEPARTMENT OF PUBLIC SAFETY .5 (11) T HE SCHOOL RESOURCE CENTER , CREATED IN SECTION6 24-33.5-1803, IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND7 EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER8 THE OFFICE OF SCHOOL SAFETY IN THE OFFICE OF THE EXECUTIVE9 DIRECTOR IN THE DEPARTMENT OF PUBLIC SAFETY .10 SECTION 15. In Colorado Revised Statutes, 25-1.5-113, amend11 (1)(g) as follows:12 25-1.5-113. Crisis and suicide prevention training grant13 program - creation - process - reporting requirements - fund -14 definitions. (1) As used in this section, unless the context otherwise15 requires:16 (g) "School safety resource center" means the school safety17 resource center in the OFFICE OF SCHOOL SAFETY IN THE OFFICE OF THE18 EXECUTIVE DIRECTOR IN THE department of public safety, established19 pursuant to section 24-33.5-1803.20 SECTION 16. Appropriation. (1) For the 2023-24 state fiscal21 year, $25,798,091 is appropriated to the department of public safety for22 use by the office of school safety. This appropriation consists of23 $20,401,600 from the general fund, $5,000,000 from the school access for24 emergency response grant program cash fund created in section25 24-33.5-2107 (1)(a), C.R.S., $250,000 from the marijuana tax cash fund26 created in section 39-28.8-501 (1), C.R.S., $146,491 from the school27 241 -10- safety resource center cash fund created in section 24-33.5-1807 (1),1 C.R.S. To implement this act, the office may use this appropriation as2 follows:3 (a) $5,524,916, which consists of $274,916 from the general fund,4 $5,000,000 from the school access for emergency response grant program5 cash fund, and $250,000 from the marijuana tax cash fund, for6 administrative services, which amount is based on an assumption that the7 office will require an additional 1.8 FTE;8 (b) $1,825,744, which consists of $1,679,253 from the general9 fund and $146,491 from the school safety resource center cash fund for10 the school safety resource center, which amount is based on an11 assumption that the office will require an additional 11.2 FTE;12 (c) $1,144,023 from the general fund for the crisis response unit,13 which amount is based on an assumption that the office will require an14 additional 3.7 FTE;15 (d) $303,408 from the general fund for threat assessment, which16 amount is based on an assumption that the office will require an17 additional 0.5 FTE; 18 (e) $16,000,000 from the general fund for the school security19 disbursement program; and20 (f) $1,000,000 from the general fund for the youth violence21 prevention program.22 (2) For the 2023-24 state fiscal year, $313,951 is appropriated to23 the department of public safety for use by the executive director's office.24 This appropriation is from the general fund. To implement this act, the25 office may use this appropriation as follows:26 (a) $108,422 for personal services, which amount is based on an27 241 -11- assumption that the office will require an additional 0.9 FTE;1 (b) $80,761 for health, life, and dental;2 (c) $1,141 for short-term disability;3 (d) $35,571 for amortization equalization disbursement;4 (e) $35,571 for supplemental amortization equalization5 disbursement;6 (f) $9,135 for operating expenses;7 (g) $10,800 for vehicle lease payments; and,8 (h) $32,550 for leased space.9 SECTION 17. Safety clause. The general assembly hereby finds,10 determines, and declares that this act is necessary for the immediate11 preservation of the public peace, health, or safety.12 241 -12-