Colorado 2023 2023 Regular Session

Colorado Senate Bill SB241 Enrolled / Bill

Filed 04/26/2023

                    SENATE BILL 23-241
BY SENATOR(S) Bridges and Kirkmeyer, Baisley, Buckner, Coleman,
Cutter, Exum, Fields, Gardner, Ginal, Gonzales, Hansen, Hinrichsen,
Jaquez Lewis, Kolker, Liston, Lundeen, Moreno, Mullica, Pelton B.,
Pelton R., Priola, Rich, Roberts, Simpson, Smallwood, Sullivan,
Van Winkle, Will, Winter F., Fenberg;
also REPRESENTATIVE(S) Bird and Bockenfeld, Amabile, Armagost,
Boesenecker, Bradley, Brown, Daugherty, Duran, Frizell, Hamrick, Kipp,
Lieder, Lindsay, Lindstedt, Marshall, Martinez, McCormick,
Michaelson Jenet, Ricks, Sharbini, Snyder, Taggart, Titone, Valdez, Vigil,
Weinberg, Willford, Wilson, Winter T., Young, Froelich, Lukens,
McLachlan, Parenti, McCluskie.
C
ONCERNING THE CREATION OF THE OFFICE OF SCHOOL SAFETY , AND, IN
CONNECTION THEREWITH
, REQUIRING THE DIRECTOR OF THE OFFICE
OF SCHOOL SAFETY TO APPOINT A GRANTS MANAGER
, CREATING A
CRISIS RESPONSE UNIT WITHIN THE OFFICE OF SCHOOL SAFETY
,
SPECIFYING THAT THE OFFICE OF SCHOOL SAFETY HAS OVERSIGHT
OVER THE SCHOOL SAFETY RESOURCE CENTER
, SPECIFYING THAT THE
SCHOOL ACCESS FOR EMERGENCY RESPONSE GRANT PROGRAM IS
ADMINISTERED BY THE OFFICE OF SCHOOL SAFETY
, CREATING A
YOUTH VIOLENCE GRANT PROGRAM ADMINISTERED BY THE OFFICE
,
AND MAKING AN APPROPRIATION .
 
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. Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-33.5-1802, amend
(1), and (2); and add (3.5) as follows:
24-33.5-1802.  Definitions. As used in this part 18, unless the
context otherwise requires:
(1)  "Advisory board" means the school safety resource center
advisory board created in the 
OFFICE IN THE department pursuant to section
24-33.5-1804.
(2)  "Center" means the school safety resource center created in the
department
 OFFICE pursuant to section 24-33.5-1803.
(3.5)  "O
FFICE" MEANS THE OFFICE OF SCHOOL SAFETY CREATED IN
SECTION 
24-33.5-2702.
SECTION 2. In Colorado Revised Statutes, 24-33.5-1803, amend
(1), (2), and (3)(g) as follows:
24-33.5-1803.  School safety resource center - created - duties.
(1)  There is hereby created within the department
 OFFICE the school safety
resource center to assist schools in preventing, preparing for, responding to,
and recovering from emergencies and crisis situations and to foster positive
learning environments. The director of the center shall be
 IS appointed by
the executive director DIRECTOR OF THE OFFICE pursuant to section 13 of
article XII of the state constitution.
(2)  The center and the director shall exercise their powers and
perform their duties and functions under the department and the executive
director as if the same were transferred to the department by a type 2
transfer, as such transfer is defined in the "Administrative Organization Act
of 1968", article 1 of this title IS A TYPE 2 ENTITY, AS DEFINED IN SECTION
24-1-105, AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND
FUNCTIONS UNDER THE OFFICE
.
(3)  The center has the following duties:
PAGE 2-SENATE BILL 23-241 (g)  To provide information and resources relating to school safety,
school emergency response planning and training, and interoperable
communications in schools, as determined by the center, to the division of
fire prevention and control in the department of public safety to be
distributed to school districts and schools pursuant to section
24-33.5-1213.4. N
OTHING IN THIS SUBSECTION (3)(g) PERMITS PROVIDING
A FIREARM
, AS DEFINED IN SECTION 18-1-901, TO A SCHOOL DISTRICT OR A
SCHOOL
.
SECTION 3. In Colorado Revised Statutes, 24-33.5-1804, amend
(1) as follows:
24-33.5-1804.  School safety resource center advisory board -
created. (1)  There is hereby created in the department
 OFFICE the school
safety resource center advisory board to recommend policies of the center.
SECTION 4. In Colorado Revised Statutes, amend 24-33.5-1805
as follows:
24-33.5-1805.  Authorization to contract for services. The
department OFFICE is authorized to contract for services with any state,
county, local, municipal, 
NONPROFIT ENTITY, or private agency to
implement the provisions of this part 18 and fulfill the duties of the center,
which duties are described in section 24-33.5-1803 (3).
SECTION 5. In Colorado Revised Statutes, amend 24-33.5-1806
as follows:
24-33.5-1806.  Evaluation - report. (1)  N
OTWITHSTANDING
SECTION 
24-1-136 (11)(a)(I), on or before January 1, 2010, AND ON OR
BEFORE 
JANUARY 1 OF EACH YEAR THEREAFTER, the director shall prepare
and submit to the executive director a report evaluating the efficacy and
value of the services provided by the center to schools.
(2)  N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), on or before
January 15, 2010,
 AND ON OR BEFORE JANUARY 15 OF EACH YEAR
THEREAFTER
, the executive director shall prepare and submit to the
education and judiciary committees of the house of representatives and the
senate, or any successor committees, a report evaluating the efficacy and
value of the services provided by the center to schools.
PAGE 3-SENATE BILL 23-241 SECTION 6. In Colorado Revised Statutes, 24-33.5-1810, amend
(3)(f); and add (3)(h) and (3)(i) as follows:
24-33.5-1810.  School security disbursement program - created
- rules - definitions - repeal. (3)  An eligible entity that receives a
disbursement from the disbursement program may use the disbursed money
only for the following purposes:
(f)  Developing and providing training programs, curriculums, and
seminars related to school safety incident response; and
(h)  IMPLEMENTING A SCHOOL RESOURCE OFFICER PROGRAM ; AND
(i)  TO IMPLEMENT A CO-RESPONDER PROGRAM .
SECTION 7. In Colorado Revised Statutes, 24-33.5-2103, amend
(3) as follows:
24-33.5-2103.  Definitions. As used in this part 21, unless the
context otherwise requires:
(3)  "Director" means the director of the division of homeland
security and emergency management created in section 24-33.5-1603
OFFICE OF SCHOOL SAFETY CREATED IN SECTION 24-33.5-2702.
SECTION 8. In Colorado Revised Statutes, 24-33.5-2104, amend
(1) and (3) as follows:
24-33.5-2104.  School access for emergency response grant
program - created - rules. (1)  There is hereby created in the department
in the division of homeland security and emergency management OFFICE OF
SCHOOL SAFETY CREATED IN SECTION 
24-33.5-2702 the school access for
emergency response grant program to provide grants to schools and public
safety communications system owners to provide funding for needed
interoperable communication hardware, software, equipment maintenance,
and training to allow for seamless communications between new or existing
school communications systems and first responder communications
systems.
(3)  The division of homeland security and emergency management
PAGE 4-SENATE BILL 23-241 OFFICE OF SCHOOL SAFETY CREATED IN SECTION 24-33.5-2702 shall
administer the grant program and, subject to available appropriations, shall
award grants as provided in this part 21. Subject to available appropriations,
grants shall
 MUST be paid out of the fund created in section 24-33.5-2107.
SECTION 9. In Colorado Revised Statutes, 24-33.5-2105, amend
(1) introductory portion as follows:
24-33.5-2105.  Grant program - application - criteria - awards.
(1)  A school is required to have a memorandum of understanding with its
regional public safety 911 answering point or the local law enforcement
agency or agencies that serve the school for communications
interoperability to be eligible to apply for a grant. To receive a grant, a
school must submit an application to the division of homeland security and
emergency management OFFICE OF SCHOOL SAFETY CREATED IN SECTION
24-33.5-2702 in accordance with rules promulgated by the director. At a	minimum, the application must include the following information:
SECTION 10. In Colorado Revised Statutes, 24-33.5-2106, amend
(1) introductory portion as follows:
24-33.5-2106.  Reporting requirements. (1)  On or before January
15, 2020, and on or before January 15 each year thereafter for the duration
of the grant program, each school that receives a grant through the grant
program shall submit a report to the division of homeland security and
emergency management OFFICE OF SCHOOL SAFETY CREATED IN SECTION
24-33.5-2702. At a minimum, the report must include the following	information:
SECTION 11. In Colorado Revised Statutes, 24-33.5-2107, amend
(1)(b) and (4) as follows:
24-33.5-2107.  School access for emergency response grant
program cash fund. (1) (b)  On July 1, 2018, and each July 1 thereafter
through July 1, 2023
 JULY 1, 2028, the state treasurer shall transfer five
million dollars to the fund from the state public school fund created in
section 22-54-114.
(4)  The state treasurer shall transfer all unexpended and
unencumbered money in the fund to the general fund after the grant
PAGE 5-SENATE BILL 23-241 program repeals pursuant to section 24-33.5-2108 ON JUNE 30, 2029.
SECTION 12. In Colorado Revised Statutes, amend 24-33.5-2108
as follows:
24-33.5-2108.  Repeal of part. This part 21 is repealed, effective
July 1, 2024 JULY 1, 2029.
SECTION 13. In Colorado Revised Statutes, add part 27 to article
33.5 of title 24 as follows:
PART 27
OFFICE OF SCHOOL SAFETY
24-33.5-2701.  Definitions. A
S USED IN THIS PART 27, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1)  "C
ENTER" MEANS THE SCHOOL SAFETY RESOURCE CENTER
CREATED IN SECTION 
24-33.5-1803.
(2)  "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC SAFETY .
(3)  "D
IRECTOR" MEANS THE DIRECTOR OF THE OFFICE.
(4)  "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
THE DEPARTMENT
.
(5)  "O
FFICE" MEANS THE OFFICE OF SCHOOL SAFETY CREATED IN
SECTION 
24-33.5-2702.
(6)  "S
CHOOL" MEANS AN INSTITUTION AT WHICH INSTRUCTION IS
PROVIDED BY INSTRUCTORS TO STUDENTS IN ONE OR MORE BUILDINGS ON A
CAMPUS
. "SCHOOL" INCLUDES A SCHOOL SERVING ANY OF GRADES
PRESCHOOL THROUGH TWELVE AND AN INSTITUTION OF HIGHER EDUCATION
.
24-33.5-2702.  Office of school safety - created - duties - grants
manager - crisis response unit. (1)  T
HE OFFICE OF SCHOOL SAFETY IS
HEREBY CREATED WITHIN THE OFFICE OF THE EXECUTIVE DIRECTOR
. THE
EXECUTIVE DIRECTOR SHALL APPOINT A DIRECTOR OF THE OFFICE PURSUANT
TO SECTION 
13 OF ARTICLE XII OF THE STATE CONSTITUTION. THE OFFICE IS
PAGE 6-SENATE BILL 23-241 A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS
POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE EXECUTIVE
DIRECTOR
.
(2)  T
HE OFFICE HAS THE FOLLOWING DUTIES:
(a)  T
O OVERSEE THE CENTER;
(b)  T
O ADMINISTER THE SCHOOL ACCESS FOR EMERGENCY RESPONSE
GRANT PROGRAM CREATED IN SECTION 
24-33.5-2104;
(c)  T
O PROMOTE EQUITABLE ACCESS TO SCHOOL SAFETY SUPPORT
FOR ALL SCHOOLS
;
(d)  T
O ASSIST SCHOOLS IN ASSESSING ANY SCHOOL SAFETY
CHALLENGES
;
(e)  T
O ASSIST SCHOOLS IN OBTAINING ANY AVAILABLE FUNDING OR
GRANTS RELATED TO SCHOOL SAFETY
;
(f)  T
O PROVIDE TECHNICAL ASSISTANCE TO SCHOOLS TO IMPROVE
SCHOOL SAFETY
;     
(g)  TO ADMINISTER THE YOUTH VIOLENCE PREVENTION GRANT
PROGRAM
; AND
(h)  ANY OTHER DUTIES RELATED TO THE IMPLEMENTATION OF THIS
SECTION
.
(3)  T
HE DIRECTOR SHALL APPOINT A GRANTS MANAGER TO ASSIST
SCHOOLS IN OBTAINING ANY FUNDING OR GRANTS AVAILABLE PURSUANT TO
SECTION 
24-33.5-2703, ANY FUNDING AVAILABLE PURSUANT TO PART 18 OF
ARTICLE 
33.5 OF TITLE 24, ANY FUNDING AVAILABLE PURSUANT TO PART 21
OF ARTICLE 33.5 OF TITLE 24, AND ANY OTHER AVAILABLE FUNDING
RELATED TO SCHOOL SAFETY
.
(4)  T
HE CRISIS RESPONSE UNIT IS HEREBY CREATED WITHIN THE
OFFICE
. THE UNIT SHALL ASSIST SCHOOLS IN RESPONDING TO A CRISIS OR
EMERGENCY EVENT
.
PAGE 7-SENATE BILL 23-241 24-33.5-2703.  Youth violence prevention grant program -
created. T
HERE IS HEREBY CREATED IN THE OFFICE THE YOUTH VIOLENCE
PREVENTION GRANT PROGRAM TO PROVIDE RAPID RESPONSE GRANTS TO
PUBLIC SCHOOLS
, PUBLIC CHARTER SCHOOLS , COMMUNITY-BASED
ORGANIZATIONS
, AND CITIES AND COUNTIES WITH YOUTH DIVERSION OR
PROBATION PROGRAMS TO ADDRESS YOUTH VIOLENCE
, DEVELOP STRATEGIES
FOR PREVENTING YOUTH VIOLENCE
, AND DEVELOP STRATEGIES FOR YOUTH
VIOLENCE INTERVENTION
. THE OFFICE SHALL GIVE PRIORITY TO
ORGANIZATIONS IN COMMUNITIES FACING SIGNIFICANT RATES OF YOUTH
VIOLENCE
. ANY GRANT AWARDED MUST NOT EXCEED ONE HUNDRED
THOUSAND DOLLARS
. THE OFFICE MAY ESTABLISH GUIDELINES NECESSARY
FOR THE ADMINISTRATION OF THE GRANT PROGRAM
, INCLUDING GRANT
APPLICATION PROCEDURES
, CRITERIA FOR DETERMINING THE AMOUNT AND
DURATION OF GRANTS
, AND REPORTING REQUIREMENTS FOR OR GANIZATIONS
THAT RECEIVE GRANTS
.
SECTION 14. In Colorado Revised Statutes, 24-1-128.6, add (10)
and (11) as follows:
24-1-128.6.  Department of public safety - creation - repeal.
(10)  T
HE OFFICE OF SCHOOL SAFETY, CREATED IN SECTION 24-33.5-2702, IS
A TYPE 
2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS
POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE OFFICE OF
THE EXECUTIVE DIRECTOR IN THE DEPARTMENT OF PUBLIC SAFETY
.
(11)  T
HE SCHOOL RESOURCE CENTER , CREATED IN SECTION
24-33.5-1803, IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND
EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER
THE OFFICE OF SCHOOL SAFETY IN THE OFFICE OF THE EXECUTIVE DIRECTOR
IN THE DEPARTMENT OF PUBLIC SAFETY
.
SECTION 15. In Colorado Revised Statutes, 25-1.5-113, amend
(1)(g) as follows:
25-1.5-113.  Crisis and suicide prevention training grant
program - creation - process - reporting requirements - fund -
definitions. (1)  As used in this section, unless the context otherwise
requires:
(g)  "School safety resource center" means the school safety resource
PAGE 8-SENATE BILL 23-241 center in the OFFICE OF SCHOOL SAFETY IN THE OFFICE OF THE EXECUTIVE
DIRECTOR IN THE
 department of public safety, established pursuant to
section 24-33.5-1803.
SECTION 16. Appropriation. (1)  For the 2023-24 state fiscal
year, $25,798,091 is appropriated to the department of public safety for use
by the office of school safety. This appropriation consists of $20,401,600
from the general fund, $5,000,000 from the school access for emergency
response grant program cash fund created in section 24-33.5-2107 (1)(a),
C.R.S., $250,000 from the marijuana tax cash fund created in section
39-28.8-501 (1), C.R.S., $146,491 from the school safety resource center
cash fund created in section 24-33.5-1807 (1), C.R.S. To implement this act,
the office may use this appropriation as follows:
(a)  $5,524,916, which consists of $274,916 from the general fund,
$5,000,000 from the school access for emergency response grant program
cash fund, and $250,000 from the marijuana tax cash fund, for
administrative services, which amount is based on an assumption that the
office will require an additional 1.8 FTE;
(b)  $1,825,744, which consists of $1,679,253 from the general fund
and $146,491 from the school safety resource center cash fund for the
school safety resource center, which amount is based on an assumption that
the office will require an additional 11.2 FTE;
(c)  $1,144,023 from the general fund for the crisis response unit,
which amount is based on an assumption that the office will require an
additional 3.7 FTE;
(d)  $303,408 from the general fund for threat assessment, which
amount is based on an assumption that the office will require an additional
0.5 FTE;
(e)  $16,000,000 from the general fund for the school security
disbursement program; and
(f)  $1,000,000 from the general fund for the youth violence
prevention program.
(2)  For the 2023-24 state fiscal year, $313,951 is appropriated to the
PAGE 9-SENATE BILL 23-241 department of public safety for use by the executive director's office. This
appropriation is from the general fund. To implement this act, the office
may use this appropriation as follows:
(a)  $108,422 for personal services, which amount is based on an
assumption that the office will require an additional 0.9 FTE;
(b)  $80,761 for health, life, and dental;
(c)  $1,141 for short-term disability;
(d)  $35,571 for amortization equalization disbursement;
(e)  $35,571 for supplemental amortization equalization
disbursement;
(f)  $9,135 for operating expenses;
(g)  $10,800 for vehicle lease payments; and,
(h)  $32,550 for leased space.
SECTION 17. Safety clause. The general assembly hereby finds,
PAGE 10-SENATE BILL 23-241 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________  ____________________________
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 11-SENATE BILL 23-241