Second 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. 24-0933.01 Alana Rosen x2606 HOUSE BILL 24-1205 House Committees Senate Committees Appropriations A BILL FOR AN ACT C ONCERNING MODIFI CATIONS TO THE COLORADO IMAGINATION101 LIBRARY PROGRAM TO ENHANCE EARLY CHILDHOOD LITERACY .102 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/ .) Joint Budget Committee. Current law requires the state librarian in the department of education to oversee the Colorado imagination library program (program) and to contract with a Colorado nonprofit organization (contractor) to operate the program. The bill relocates the program to the department of early childhood (department). Effective June 30, 2024, the rights, powers, duties, functions, and HOUSE 2nd Reading Unamended February 7, 2024 HOUSE SPONSORSHIP Sirota and Taggart, Bird SENATE SPONSORSHIP Zenzinger and Kirkmeyer, Bridges 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. obligations concerning the program are transferred to the department. The bill transfers the contractual obligations with the contractor to the department. Before the rights, powers, duties, functions, and obligations concerning the program are transferred to the department on June 30, 2024, the department may enter into an interagency agreement with the department of education for the administration of the program. The bill authorizes the contractor to enter into contracts with book vendors or publishers to provide additional age-appropriate, high-quality books to children enrolled in the program at no cost to families. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add with amended2 and relocated provisions 26.5-1-115 as follows:3 26.5-1-115. Colorado imagination library program - creation4 - contract - report - legislative declaration - appropriations -5 definitions. (1) [Formerly 24-90-120 (1)] For the purposes of this6 section, unless the context otherwise requires:7 (a) "County-based affiliate programs" means a local NONPROFIT8 ORGANIZATION OR NONPROFIT PARTNER affiliate of the Colorado9 imagination library program that operates within a county or city and10 county OR ACROSS CITIES AND COUNTIES.11 (b) "Eligible child" means a child from birth to the child's fifth12 birthday.13 (c) "National nonprofit foundation" means a national nonprofit14 foundation that exists for the sole purpose of working with local entities15 to identify eligible children and mail PROVIDE age-appropriate,16 high-quality books each month to those children at no cost to families.17 (d) "Program" means the Colorado imagination library program18 created pursuant to subsection (2) of this section.19 (2) [Formerly 24-90-120 (2)] (a) (I) No later than December 31,20 1205-2- 2021 the state librarian in the department of education JULY 1, 2024, THE1 DEPARTMENT OF EARLY CHILDHOOD shall contract with a Colorado2 nonprofit organization for the creation and operation of the Colorado3 imagination library program.4 (II) E FFECTIVE JUNE 30, 2024, THE RIGHTS, POWERS, DUTIES,5 FUNCTIONS, AND OBLIGATIONS CONCERNING THE PROGRAM ARE6 TRANSFERRED TO THE DEPARTMENT OF EARLY CHILDHOOD . BEFORE THE7 TRANSFER OF THE RIGHTS, POWERS, DUTIES, FUNCTIONS, AND OBLIGATIONS8 OF THE PROGRAM TO THE DEPARTMENT OF EARLY CHILDHOOD ON JUNE 30,9 2024, THE DEPARTMENT OF EARLY CHILDHOOD MAY ENTER INTO AN10 INTERAGENCY AGREEMENT WITH THE DEPARTMENT OF EDUCATION FOR11 THE ADMINISTRATION OF THE PROGRAM .12 (III) E FFECTIVE JUNE 30, 2024, IF THE DEPARTMENT OF EDUCATION13 IS REFERRED TO OR DESIGNATED BY THE CONTRACT DESCRIBED IN14 SUBSECTION (2)(a)(I) OF THIS SECTION OR ANY OTHER DOCUMENT IN15 CONNECTION WITH THE POWERS , DUTIES, AND FUNCTIONS TRANSFERRED16 TO THE DEPARTMENT OF EARLY CHILDHOOD PURSUANT TO SUBSECTION17 (2)(a)(II) OF THIS SECTION, THE REFERENCE OR DESIGNATION APPLIES TO18 THE DEPARTMENT OF EARLY CHILDHOOD . ALL CONTRACTS ENTERED INTO19 BY THE DEPARTMENT OF EDUCATION BEFORE JUNE 30, 2024, IN20 CONNECTION WITH THE POWERS , DUTIES, AND FUNCTIONS TRANSFERRED21 TO THE DEPARTMENT OF EARLY CHILDHOOD PURSUANT TO SUBSECTION22 (2)(a)(II) OF THIS SECTION ARE VALIDATED, WITH THE DEPARTMENT OF23 EARLY CHILDHOOD SUCCEEDING ALL RIGHTS AND OBLIGATIONS UNDER24 THE CONTRACT.25 (b) The contractor DESCRIBED IN SUBSECTION (2)(a)(I) OF THIS26 SECTION shall:27 1205 -3- (a) (I) Exist for the sole purpose of creating and operating1 O PERATE the program BY PROVIDING AGE-APPROPRIATE, HIGH-QUALITY2 BOOKS TO CHILDREN TO PROMOTE EARLY CHILDHOOD LITERACY ;3 (b) (II) Manage the daily operations of the program, including, but4 not limited to, establishing county-based affiliate programs in all5 Colorado counties and cities and counties and advancing and6 strengthening the affiliate programs to ensure enrollment growth;7 (c) Develop, promote, and coordinate a public awareness8 campaign in coordination with the department of education to ensure9 alignment with the "Colorado READ Act", part 12 of article 7 of title 22,10 including any public awareness campaign for the "Colorado READ Act",11 and to make the public aware of the opportunity to register eligible12 children to receive free books through the program;13 (d) (III) Contract with a national nonprofit foundation to provide14 age-appropriate, high-quality books each month to eligible children at no15 cost to families;16 (e) (IV) Provide for a high-quality independent evaluation of the17 impact of the program on child and family outcomes, including child18 literacy and parent and family engagement; and19 (f) (V) Establish a distressed affiliate fund using gifts, grants, or20 donations to help county-based affiliate programs that have financial21 difficulty meeting the county-based affiliate programs' funding22 requirements.23 (3) T HE CONTRACTOR MAY ENTER INTO A CONTRACT WITH BOOK24 VENDORS OR BOOK PUBLISHERS IN ACCORDANCE WITH THIS SECTION TO25 PROVIDE ADDITIONAL AGE -APPROPRIATE, HIGH-QUALITY BOOKS TO26 ELIGIBLE CHILDREN ENROLLED IN THE PROGRAM AT NO COST TO FAMILIES .27 1205 -4- (4) [Formerly 24-90-120 (3)] Notwithstanding section 24-1-1361 (11)(a)(I), on or before July 1 of the year after the state librarian enters2 into a contract pursuant to subsection (2) of this section JULY 1, 2024, and3 ON OR BEFORE each July 1 thereafter, the contractor shall submit a report4 to the department, of education which shall then submit the report to the5 education committees of the senate and house of representatives, or any6 THEIR successor committees, concerning the total number of eligible7 children residing in each county or city and county in Colorado and how8 many eligible children are enrolled in the program in each county or city9 and county.10 (5) [Formerly 24-90-120 (4)] (a) The contractor, in operating the11 program pursuant to subsection (2) of this section, shall pay to the12 national nonprofit foundation the statewide cost to provide free books to13 eligible children enrolled in the program, as determined by the national14 nonprofit foundation. T HE CONTRACTOR SHALL PAY A BOOK VENDOR OR15 BOOK PUBLISHER THAT ENTERS INTO A CONTRACT WITH THE CONTRACTOR16 PURSUANT TO SUBSECTION (3) OF THIS SECTION THE STATEWIDE COST TO17 PROVIDE ADDITIONAL FREE BOOKS TO ELIGIBLE CHILDREN ENROLLED IN18 THE PROGRAM. The general assembly shall annually appropriate money19 from the general fund to the department of education for the state 20 librarian to distribute to the contractor for the state's fifty percent share of21 the cost to provide the books.22 (b) Each county-based affiliate program shall MUST pay to the23 contractor the remainder of the cost, as determined by the national24 nonprofit foundation OR A BOOK VENDOR OR BOOK PUBLISHER THAT25 ENTERS INTO A CONTRACT WITH THE CONTRACTOR PURSUANT TO THIS26 SECTION, to provide books to the eligible children enrolled in the county27 1205 -5- or city and county.1 (6) [Formerly 24-90-120 (5)] The department of education may2 seek, accept, and expend gifts, grants, or donations from private or public3 sources for the implementation of this section.4 (7) [Formerly 24-90-120 (6)] (a) It is the intent of the general5 assembly to provide full funding by 2026 for any eligible child who wants6 to participate in the program.7 (b) (I) For the 2022-23 state fiscal year, the general assembly shall8 appropriate nine hundred seven thousand one hundred forty dollars for the9 Colorado imagination library PROGRAM and shall increase the10 appropriation in subsequent fiscal years as necessary to meet the intention11 of the general assembly set forth in subsection (6)(a) SUBSECTION (7)(a)12 of this section.13 (II) A NY APPROPRIATION MADE IN THE ANNUAL GENERAL14 APPROPRIATION ACT FOR THE 2023-24 STATE FISCAL YEAR TO THE15 DEPARTMENT OF EDUCATION FOR THE COLORADO IMAGINATION LIBRARY16 PROGRAM IS HEREBY TRANSFERRED TO THE DEPARTMENT OF EARLY17 CHILDHOOD FOR THE COLORADO IMAGINATION LIBRARY PROGRAM ON18 J UNE 30, 2024. ANY UNEXPENDED AND UNENCUMBERED MONEY19 APPROPRIATED FROM THE GENERAL FUND FOR THE COLORADO20 IMAGINATION LIBRARY PROGRAM FOR THE 2023-24 STATE FISCAL YEAR21 THAT IS TRANSFERRED TO THE DEPARTMENT OF EARLY CHILDHOOD22 PURSUANT TO THIS SUBSECTION (7)(b)(II) REMAINS AVAILABLE FOR23 EXPENDITURE BY THE DEPARTMENT OF EARLY CHILDHOOD THROUGH THE24 2024-25 STATE FISCAL YEAR WITHOUT FURTHER APPROPRIATION .25 (c) F OR THE 2024-25 STATE FISCAL YEAR, THE GENERAL ASSEMBLY26 SHALL APPROPRIATE TO THE DEPARTMENT OF EARLY CHILDHOOD THE27 1205 -6- FUNDS NECESSARY TO MEET THE IN TENTION OF THE GENERAL ASSEMBLY1 SET FORTH IN SUBSECTION (7)(a) OF THIS SECTION.2 (c) (d) Twenty percent of money appropriated for the 2021-223 state fiscal year, and each fiscal year thereafter, may be used for the4 contractor operating the program for duties set forth in subsections (2)(a)5 to (2)(d) and (2)(f) SUBSECTIONS (2)(b)(I) TO (2)(b)(III) AND (2)(b)(V) of6 this section.7 SECTION 2. Repeal of relocated provisions in this act. In8 Colorado Revised Statutes, repeal 24-90-120.9 SECTION 3. Safety clause. The general assembly finds,10 determines, and declares that this act is necessary for the immediate11 preservation of the public peace, health, or safety or for appropriations for12 the support and maintenance of the departments of the state and state13 institutions.14 1205 -7-