First Regular Session Seventy-fourth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 23-0902.02 Zach Blaes x4348 SENATE BILL 23-241 Senate Committees House Committees 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 , AND MAKING AN109 APPROPRIATION.110 Bill Summary (Note: This summary applies to this bill as introduced and does SENATE Amended 2nd Reading March 29, 2023 SENATE SPONSORSHIP Bridges and Kirkmeyer, 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. 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 SECTION 6. In Colorado Revised Statutes, 24-33.5-1810, 23 amend (3)(f) and (3)(g); and add (3)(h) as follows:24 24-33.5-1810. School security disbursement program - created25 - rules - definitions - repeal. (3) An eligible entity that receives a26 disbursement from the disbursement program may use the disbursed27 241 -4- money only for the following purposes:1 (f) Developing and providing training programs, curriculums, and2 seminars related to school safety incident response; and3 (g) Developing best practices and protocols related to school4 safety incident response; AND 5 (h) I MPLEMENTING A SCHOOL RESOURCE OFFICER PROGRAM . 6 SECTION 7. In Colorado Revised Statutes, 24-33.5-1810,7 amend (3)(f) and (3)(g); and add (3)(h) as follows:8 24-33.5-1810. School security disbursement program - created9 - rules - definitions - repeal. (3) An eligible entity that receives a10 disbursement from the disbursement program may use the disbursed11 money only for the following purposes:12 (f) Developing and providing training programs, curriculums, and13 seminars related to school safety incident response; and14 (g) Developing best practices and protocols related to school15 safety incident response; AND 16 (h) T O IMPLEMENT A CO-RESPONDER PROGRAM . 17 SECTION 8. In Colorado Revised Statutes, 24-33.5-2103,18 amend (3) as follows:19 24-33.5-2103. Definitions. As used in this part 21, unless the20 context otherwise requires:21 (3) "Director" means the director of the division of homeland22 security and emergency management created in section 24-33.5-160323 OFFICE OF SCHOOL SAFETY CREATED IN SECTION 24-33.5-2702.24 SECTION 9. In Colorado Revised Statutes, 24-33.5-2104,25 amend (1) and (3) as follows:26 24-33.5-2104. School access for emergency response grant27 241 -5- program - created - rules. (1) There is hereby created in the department1 in the division of homeland security and emergency management OFFICE2 OF SCHOOL SAFETY CREATED IN SECTION 24-33.5-2702 the school access3 for emergency response grant program to provide grants to schools and4 public safety communications system owners to provide funding for5 needed interoperable communication hardware, software, equipment6 maintenance, and training to allow for seamless communications between7 new or existing school communications systems and first responder8 communications systems.9 (3) The division of homeland security and emergency10 management OFFICE OF SCHOOL SAFETY CREATED IN SECTION11 24-33.5-2702 shall administer the grant program and, subject to available12 appropriations, shall award grants as provided in this part 21. Subject to13 available appropriations, grants shall MUST be paid out of the fund created14 in section 24-33.5-2107.15 SECTION 10. In Colorado Revised Statutes, 24-33.5-2105,16 amend (1) introductory portion as follows:17 24-33.5-2105. Grant program - application - criteria - awards.18 (1) A school is required to have a memorandum of understanding with19 its regional public safety 911 answering point or the local law20 enforcement agency or agencies that serve the school for communications21 interoperability to be eligible to apply for a grant. To receive a grant, a22 school must submit an application to the division of homeland security23 and emergency management OFFICE OF SCHOOL SAFETY CREATED IN24 SECTION 24-33.5-2702 in accordance with rules promulgated by the25 director. At a minimum, the application must include the following26 information:27 241 -6- SECTION 11. In Colorado Revised Statutes, 24-33.5-2106,1 amend (1) introductory portion as follows:2 24-33.5-2106. Reporting requirements. (1) On or before3 January 15, 2020, and on or before January 15 each year thereafter for the4 duration of the grant program, each school that receives a grant through5 the grant program shall submit a report to the division of homeland6 security and emergency management OFFICE OF SCHOOL SAFETY CREATED7 IN SECTION 24-33.5-2702. At a minimum, the report must include the8 following information:9 SECTION 12. In Colorado Revised Statutes, add part 27 to10 article 33.5 of title 24 as follows:11 PART 2712 OFFICE OF SCHOOL SAFETY13 24-33.5-2701. Definitions. A S USED IN THIS PART 27, UNLESS THE14 CONTEXT OTHERWISE REQUIRES :15 (1) "C ENTER" MEANS THE SCHOOL SAFETY RESOURCE CENTER16 CREATED IN SECTION 24-33.5-1803.17 (2) "D EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC SAFETY .18 (3) "D IRECTOR" MEANS THE DIRECTOR OF THE OFFICE.19 (4) "E XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF20 THE DEPARTMENT.21 (5) "O FFICE" MEANS THE OFFICE OF SCHOOL SAFETY CREATED IN22 SECTION 24-33.5-2702. 23 (6) "S CHOOL" MEANS AN INSTITUTION AT WHICH INSTRUCTION IS24 PROVIDED BY INSTRUCTORS TO STUDENTS IN ONE OR MORE BUILDINGS ON25 A CAMPUS. "SCHOOL" INCLUDES A SCHOOL SERVING ANY OF GRADES26 PRESCHOOL THROUGH TWELVE AND AN INSTITUTION OF HIGHER27 241 -7- EDUCATION.1 24-33.5-2702. Office of school safety - created - duties - grants2 manager - crisis response unit. (1) T HE OFFICE OF SCHOOL SAFETY IS3 HEREBY CREATED WITHIN THE OFFICE OF THE EXECUTIVE DIRECTOR . THE4 EXECUTIVE DIRECTOR SHALL APPOINT A DIRECTOR OF THE OFFICE5 PURSUANT TO SECTION 13 OF ARTICLE XII OF THE STATE CONSTITUTION.6 T HE OFFICE IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND7 EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER8 THE EXECUTIVE DIRECTOR.9 (2) T HE OFFICE HAS THE FOLLOWING DUTIES:10 (a) T O OVERSEE THE CENTER;11 (b) T O ADMINISTER THE SCHOOL ACCESS FOR EMERGENCY12 RESPONSE GRANT PROGRAM CREATED IN SECTION 24-33.5-2104;13 (c) T O PROMOTE EQUITABLE ACCESS TO SCHOOL SAFETY SUPPORT14 FOR ALL SCHOOLS;15 (d) T O ASSIST SCHOOLS IN ASSESSING ANY SCHOOL SAFETY16 CHALLENGES;17 (e) T O ASSIST SCHOOLS IN OBTAINING ANY AVAILABLE FUNDING OR18 GRANTS RELATED TO SCHOOL SAFETY ;19 (f) T O PROVIDE TECHNICAL ASSISTANCE TO SCHOOLS TO IMPROVE20 SCHOOL SAFETY; AND21 (g) A NY OTHER DUTIES THAT THE EXECUTIVE DIRECTOR DEEMS22 NECESSARY.23 (3) T HE DIRECTOR SHALL APPOINT A GRANTS MANAGER TO ASSIST24 SCHOOLS IN OBTAINING ANY FUNDING OR GRANTS AVAILABLE PURSUANT25 TO PART 18 OF ARTICLE 33.5 OF TITLE 24, ANY FUNDING AVAILABLE26 PURSUANT TO PART 21 OF ARTICLE 33.5 OF TITLE 24, AND ANY OTHER27 241 -8- AVAILABLE FUNDING RELATED TO SCHOOL SAFETY .1 (4) T HE CRISIS RESPONSE UNIT IS HEREBY CREATED WITHIN THE2 OFFICE. THE UNIT SHALL ASSIST SCHOOLS IN RESPONDING TO A CRISIS OR3 EMERGENCY EVENT.4 SECTION 13. In Colorado Revised Statutes, 24-1-128.6, add5 (10) and (11) as follows:6 24-1-128.6. Department of public safety - creation - repeal.7 (10) T HE OFFICE OF SCHOOL SAFETY, CREATED IN SECTION 24-33.5-2702,8 IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS9 POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE OFFICE OF10 THE EXECUTIVE DIRECTOR IN THE DEPARTMENT OF PUBLIC SAFETY .11 (11) T HE SCHOOL RESOURCE CENTER , CREATED IN SECTION12 24-33.5-1803, IS A TYPE 2 ENTITY, AS DEFINED IN SECTION 24-1-105, AND13 EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER14 THE OFFICE OF SCHOOL SAFETY IN THE OFFICE OF THE EXECUTIVE15 DIRECTOR IN THE DEPARTMENT OF PUBLIC SAFETY .16 SECTION 14. In Colorado Revised Statutes, 25-1.5-113, amend17 (1)(g) as follows:18 25-1.5-113. Crisis and suicide prevention training grant19 program - creation - process - reporting requirements - fund -20 definitions. (1) As used in this section, unless the context otherwise21 requires:22 (g) "School safety resource center" means the school safety23 resource center in the OFFICE OF SCHOOL SAFETY IN THE OFFICE OF THE24 EXECUTIVE DIRECTOR IN THE department of public safety, established25 pursuant to section 24-33.5-1803.26 SECTION 15. Appropriation. (1) For the 2023-24 state fiscal27 241 -9- year, $24,798,091 is appropriated to the department of public safety for1 use by the office of school safety. This appropriation consists of2 $19,401,600 from the general fund, $5,000,000 from the school access for3 emergency response grant program cash fund created in section4 24-33.5-2107 (1)(a), C.R.S., $250,000 from the marijuana tax cash fund5 created in section 39-28.8-501 (1), C.R.S., $146,491 from the school6 safety resource center cash fund created in section 24-33.5-1807 (1),7 C.R.S. To implement this act, the office may use this appropriation as8 follows:9 (a) $5,524,916, which consists of $274,916 from the general fund,10 $5,000,000 from the school access for emergency response grant program11 cash fund, and $250,000 from the marijuana tax cash fund, for12 administrative services, which amount is based on an assumption that the13 office will require an additional 1.8 FTE;14 (b) $1,825,744, which consists of $1,679,253 from the general15 fund and $146,491 from the school safety resource center cash fund for16 the school safety resource center, which amount is based on an17 assumption that the office will require an additional 11.2 FTE;18 (c) $1,144,023 from the general fund for the crisis response unit,19 which amount is based on an assumption that the office will require an20 additional 3.7 FTE;21 (d) $303,408 from the general fund for threat assessment, which22 amount is based on an assumption that the office will require an23 additional 0.5 FTE; and24 (e) $16,000,000 from the general fund for the school security25 disbursement program.26 (2) For the 2023-24 state fiscal year, $313,951 is appropriated to27 241 -10- the department of public safety for use by the executive director's office.1 This appropriation is from the general fund. To implement this act, the2 office may use this appropriation as follows:3 (a) $108,422 for personal services, which amount is based on an4 assumption that the office will require an additional 0.9 FTE;5 (b) $80,761 for health, life, and dental;6 (c) $1,141 for short-term disability;7 (d) $35,571 for amortization equalization disbursement;8 (e) $35,571 for supplemental amortization equalization9 disbursement;10 (f) $9,135 for operating expenses;11 (g) $10,800 for vehicle lease payments; and,12 (h) $32,550 for leased space.13 SECTION 16. Safety clause. The general assembly hereby finds,14 determines, and declares that this act is necessary for the immediate15 preservation of the public peace, health, or safety.16 241 -11-