HOUSE BILL 24-1374
BY REPRESENTATIVE(S) Marvin and Rutinel, Amabile, Bacon, Bird,
Boesenecker, Brown, Clifford, Daugherty, deGruy Kennedy, Epps,
Froelich, Garcia, Hernandez, Herod, Jodeh, Kipp, Lindsay, Lindstedt,
Mabrey, Ricks, Sirota, Snyder, Titone, Weissman, Woodrow, McCluskie;
also SENATOR(S) Michaelson Jenet, Buckner, Cutter, Gardner, Gonzales,
Hinrichsen, Jaquez Lewis, Priola, Roberts, Rodriguez, Winter F.,
Zenzinger.
C
ONCERNING MEANS OF ENSURING THAT INDEPENDENT CONTRACTORS WHO
PERFORM LEGAL SERVICES ON BEHALF OF INDEPENDENT JUDICIAL
AGENCIES ARE ELIGIBLE FOR THE FEDERAL PUBLIC SERVICE LOAN
FORGIVENESS PROGRAM
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Three independent judicial agencies, the office of the alternative
defense counsel, the office of the child's representative, and the office of
respondent parents' counsel, primarily use independent contractors to
provide legal representation as required by state law because providing the
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. same services through government employees would be impracticable due
to the ethical conflicts that such employment would create;
(b) Providing legal representation through independent contractors
is a common model to address such conflicts;
(c) In 2007, Congress created the public service loan forgiveness
program to allow government and nonprofit full-time employees to have
their federal student loans forgiven after ten years of qualifying service, but,
unfortunately, independent contractors who provide crucial legal
representation through contracts with government agencies were not
eligible for the program;
(d) In 2023, the federal government changed the requirements for
the program to make an independent contractor eligible for public service
loan forgiveness if the work that the independent contractor performs for a
government agency cannot be performed by a government employee;
(e) Providing opportunities for independent contractors who provide
legal services on behalf of independent judicial agencies to be eligible for
the same federal public service loan forgiveness that would be available for
government employees performing similar work will improve recruitment
and retention for crucial public service legal work and provide important
financial benefits to Colorado residents and small business owners;
(f) Each year, these three independent judicial agencies lose highly
qualified and trained contractors to full-time government or nonprofit jobs
because these contractors want to be eligible for public service loan
forgiveness, and this turnover is costly for the state and detrimental to
clients; and
(g) Nothing in this act is intended to alter eligibility for state or local
loan forgiveness, and the federal government will continue to be ultimately
responsible for determining eligibility for federal public service loan
forgiveness.
(2) The general assembly therefore declares that it is in the best
interests of the state, the legal profession, and the people served by
independent judicial agencies to clarify that independent contractors who
provide legal services on behalf of independent judicial agencies can be
PAGE 2-HOUSE BILL 24-1374 eligible for federal public service loan forgiveness.
SECTION 2. In Colorado Revised Statutes, 13-91-105, add (3) as
follows:
13-91-105. Duties of the office of the child's representative -
guardian ad litem and counsel for youth programs. (3) C
OLORADO
RELIES PRIMARILY ON AN INDEPENDENT CONTRACTOR MODEL OF LEGAL
REPRESENTATION FOR CHILDREN AND YOUTH PROVIDED IN ACCORDANCE
WITH THIS SECTION
. WHILE THE OFFICE OF THE CHILD'S REPRESENTATIVE
CURRENTLY PROVIDES LEGAL REPRESENTATION FOR CHILDREN AND YOUTH
IN SOME CASE TYPES AND IN ONE COUNTY THROUGH STATE EMPLOYEES AND
WILL CONTINUE TO EXPLORE THE USE OF A STATE EMPLOYEE STAFF MODEL
OF LEGAL REPRESENTATION FOR CHILDREN AND YOUTH WHERE FEASIBLE
,
C
OLORADO'S NEED FOR LEGAL REPRESENTATION FOR CHILDREN AND YOUTH
CANNOT BE FILLED OR PROVIDED STATEWIDE SOLELY BY EMPLOYEES OF THE
OFFICE OF THE CHILD
'S REPRESENTATIVE. THE DIRECTOR OR THE DIRECTOR'S
DESIGNEE IS AUTHORIZED TO SIGN A CERTIFICATION FOR ANY CURRENT OR
PAST INDEPENDENT CONTRACTOR THAT CERTIFIES THAT THE CONTRACTOR
APPEARS TO BE ELIGIBLE FOR FEDERAL PUBLIC SERVICE LOAN FORGIVENESS
AS ALLOWED BY FEDERAL LAW OR REGULATIONS
. WITH THE AUTHORIZATION
OF AN INDEPENDENT CONTRACTOR WHO IS PROVIDING OR HAS PROVIDED
LEGAL REPRESENTATION ON BEHALF OF THE OFFICE
, THE DIRECTOR OR THE
DIRECTOR
'S DESIGNEE MAY SHARE INFORMATION , INCLUDING THE
CONTRACTOR
'S NAME, SOCIAL SECURITY NUMBER OR FEDERAL EMPLOYER
IDENTIFICATION NUMBER
, AND THE TOTAL NUMBER OF HOURS BILLED BY THE
CONTRACTOR BY CALENDAR YEAR
, WITH OTHER INDEPENDENT JUDICIAL
AGENCIES FOR THE PURPOSE OF CERTIFYING APPARENT PAST
, CURRENT, AND
FUTURE ELIGIBILITY FOR PUBLIC SERVICE LOAN FORGIVENESS ALLOWED BY
FEDERAL LAW OR REGULATIONS
.
SECTION 3. In Colorado Revised Statutes, 13-92-104, add (3) as
follows:
13-92-104. Duties of the office of the respondent parents'
counsel. (3) E
MPLOYEES OF THE OFFICE ARE PROHIBITED FROM PROVIDING
DIRECT LEGAL REPRESENTATION TO RESPONDENT PARENTS
. FOR THE
PURPOSE OF DETERMINING ELIGIBILITY FOR FEDERAL PUBLIC SERVICE LOAN
FORGIVENESS
, AN INDEPENDENT CONTRACTOR , INCLUDING AN ATTORNEY,
A SOCIAL WORKER, A FAMILY ADVOCATE, OR A PARENT ADVOCATE, WHO IS
PAGE 3-HOUSE BILL 24-1374 PROVIDING OR HAS PROVIDED LEGAL SERVICES TO RESPONDENT PARENTS
PURSUANT TO THE CONTRACTOR
'S CONTRACT HAS A CONFLICT THAT
PROHIBITS THE CONTRACTOR FROM PROVIDING THESE SERVICES AS A STATE
EMPLOYEE
. THE DIRECTOR OR THE DIRECTOR'S DESIGNEE IS AUTHORIZED TO
SIGN A CERTIFICATION FOR ANY CURRENT OR PAST INDEPENDENT
CONTRACTOR THAT CERTIFIES THAT THE CONTRACTOR APPEARS TO BE
ELIGIBLE FOR FEDERAL PUBLIC SERVICE LOAN FORGIVENESS AS ALLOWED BY
FEDERAL LAW OR REGULATIONS
. WITH THE AUTHORIZATION OF AN
INDEPENDENT CONTRACTOR
, THE DIRECTOR OR THE DIRECTOR'S DESIGNEE
MAY SHARE INFORMATION
, INCLUDING THE CONTRACTOR 'S NAME, SOCIAL
SECURITY NUMBER OR FEDERAL EMPLOYER IDENTIFICATION NUMBER
, AND
TOTAL NUMBER OF HOURS BILLED BY THE CONTRACTOR BY CALENDAR YEAR
,
WITH OTHER JUDICIAL AGENCIES FOR THE PURPOSE OF CERTIFYING APPARENT
PAST
, CURRENT, AND FUTURE ELIGIBILITY FOR PUBLIC SERVICE LOAN
FORGIVENESS ALLOWED BY FEDERAL LAW OR REGULATIONS
.
SECTION 4. In Colorado Revised Statutes, 21-2-105, add (3) as
follows:
21-2-105. Contracts with attorneys and other legal services
providers. (3) C
OLORADO RELIES PRIMARILY ON AN INDEPENDENT
CONTRACTOR MODEL OF LEGAL REPRESENTATION FOR COURT
-APPOINTED
ADULT AND YOUTH REPRESENTATION IN ACCORDANCE WITH THIS SECTION
WHEN THE PUBLIC DEFENDER
'S OFFICE HAS A LEGAL CONFLICT OF INTEREST.
W
HILE THE OFFICE OF THE ALTERNATE DEFENSE COUNSEL PROVIDES SOME
LEGAL REPRESENTATION FOR INDIGENT INDIVIDUALS ON SOME CASES
THROUGH STATE EMPLOYEES AND WILL CONTINUE TO EXPLORE THE USE OF
STATE EMPLOYEE STAFF MODEL SOLUTIONS WHERE FEASIBLE
, COLORADO'S
NEED FOR CONFLICT
-FREE INDIGENT DEFENSE COUNSEL CANNOT BE FILLED
OR PROVIDED STATEWIDE BY DIRECT EMPLOYEES OF THE OFFICE OF THE
ALTERNATE DEFENSE COUNSEL
. FOR THE PURPOSE OF DETERMINING
ELIGIBILITY FOR FEDERAL PUBLIC SERVICE LOAN FORGIVENESS
, ANY
INDEPENDENT CONTRACTOR
, INCLUDING, BUT NOT LIMITED TO, A RESOURCE
ADVOCATE
, AN INVESTIGATOR, A CASE ASSISTANT, AN ATTORNEY, A SOCIAL
WORKER
, A PARALEGAL, OR A LEGAL RESEARCHER , WHO IS CURRENTLY
PROVIDING OR HAS PREVIOUSLY PROVIDED LEGAL SERVICES OR SERVICES
THROUGH AN INTERDISCIPLINARY LEGAL TEAM HAS A CONFLICT IN
PROVIDING THESE SERVICES AS A STATE EMPLOYEE
. THE DIRECTOR OF THE
OFFICE OF THE ALTERNATE DEFENSE COUNSEL OR THE DIRECTOR
'S DESIGNEE
IS AUTHORIZED TO SIGN A CERTIFICATION FOR ANY CURRENT OR PAST
PAGE 4-HOUSE BILL 24-1374 INDEPENDENT CONTRACTOR THAT CERTIFIES THAT THE CONTRACTOR
APPEARS TO BE ELIGIBLE FOR FEDERAL PUBLIC SERVICE LOAN FORGIVENESS
AS ALLOWED BY FEDERAL LAW OR REGULATIONS
. WITH THE AUTHORIZATION
OF AN INDEPENDENT CONTRACTOR
, THE DIRECTOR OF THE OFFICE OF THE
ALTERNATE DEFENSE COUNSEL OR THE DIRECTOR
'S DESIGNEE MAY SHARE
INFORMATION
, INCLUDING THE CONTRACTOR 'S NAME, SOCIAL SECURITY
NUMBER OR FEDERAL EMPLOYER IDENTIFICATION NUMBER
, AND THE TOTAL
NUMBER OF HOURS BILLED BY THE CONTRACTOR BY CALENDAR YEAR
, WITH
OTHER INDEPENDENT JUDICIAL AGENCIES FOR THE PURPOSE OF CERTIFYING
APPARENT PAST
, CURRENT, AND FUTURE ELIGIBILITY FOR PUBLIC SERVICE
LOAN FORGIVENESS ALLOWED BY FEDERAL LAW OR REGULATIONS
.
SECTION 5. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 5-HOUSE BILL 24-1374 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 24-1374