Colorado 2024 Regular Session

Colorado House Bill HB1374 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-1044.01 Jason Gelender x4330
18 HOUSE BILL 24-1374
2-BY REPRESENTATIVE(S) Marvin and Rutinel, Amabile, Bacon, Bird,
3-Boesenecker, Brown, Clifford, Daugherty, deGruy Kennedy, Epps,
4-Froelich, Garcia, Hernandez, Herod, Jodeh, Kipp, Lindsay, Lindstedt,
5-Mabrey, Ricks, Sirota, Snyder, Titone, Weissman, Woodrow, McCluskie;
6-also SENATOR(S) Michaelson Jenet, Buckner, Cutter, Gardner, Gonzales,
7-Hinrichsen, Jaquez Lewis, Priola, Roberts, Rodriguez, Winter F.,
8-Zenzinger.
9+House Committees Senate Committees
10+Judiciary Judiciary
11+A BILL FOR AN ACT
912 C
10-ONCERNING MEANS OF ENSURING THAT INDEPENDENT CONTRACTORS WHO
11-PERFORM LEGAL SERVICES ON BEHALF OF INDEPENDENT JUDICIAL
12-AGENCIES ARE ELIGIBLE FOR THE FEDERAL PUBLIC SERVICE LOAN
13-FORGIVENESS PROGRAM
14-.
15-
16-Be it enacted by the General Assembly of the State of Colorado:
17-SECTION 1. Legislative declaration. (1) The general assembly
18-finds and declares that:
19-(a) Three independent judicial agencies, the office of the alternative
20-defense counsel, the office of the child's representative, and the office of
21-respondent parents' counsel, primarily use independent contractors to
22-provide legal representation as required by state law because providing the
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. same services through government employees would be impracticable due
31-to the ethical conflicts that such employment would create;
32-(b) Providing legal representation through independent contractors
33-is a common model to address such conflicts;
34-(c) In 2007, Congress created the public service loan forgiveness
35-program to allow government and nonprofit full-time employees to have
36-their federal student loans forgiven after ten years of qualifying service, but,
37-unfortunately, independent contractors who provide crucial legal
38-representation through contracts with government agencies were not
39-eligible for the program;
40-(d) In 2023, the federal government changed the requirements for
41-the program to make an independent contractor eligible for public service
42-loan forgiveness if the work that the independent contractor performs for a
43-government agency cannot be performed by a government employee;
44-(e) Providing opportunities for independent contractors who provide
45-legal services on behalf of independent judicial agencies to be eligible for
46-the same federal public service loan forgiveness that would be available for
47-government employees performing similar work will improve recruitment
48-and retention for crucial public service legal work and provide important
49-financial benefits to Colorado residents and small business owners;
50-(f) Each year, these three independent judicial agencies lose highly
51-qualified and trained contractors to full-time government or nonprofit jobs
52-because these contractors want to be eligible for public service loan
53-forgiveness, and this turnover is costly for the state and detrimental to
54-clients; and
55-(g) Nothing in this act is intended to alter eligibility for state or local
56-loan forgiveness, and the federal government will continue to be ultimately
57-responsible for determining eligibility for federal public service loan
58-forgiveness.
59-(2) The general assembly therefore declares that it is in the best
60-interests of the state, the legal profession, and the people served by
61-independent judicial agencies to clarify that independent contractors who
62-provide legal services on behalf of independent judicial agencies can be
63-PAGE 2-HOUSE BILL 24-1374 eligible for federal public service loan forgiveness.
64-SECTION 2. In Colorado Revised Statutes, 13-91-105, add (3) as
65-follows:
66-13-91-105. Duties of the office of the child's representative -
13+ONCERNING MEANS OF ENSURING THAT INDEPENDENT CONTRACTORS101
14+WHO PERFORM LEGAL SERVICES ON BEHALF OF INDEPENDENT102
15+JUDICIAL AGENCIES ARE ELIGIBLE FOR THE FEDERAL PUBLIC103
16+SERVICE LOAN FORGIVENESS PROGRAM .104
17+Bill Summary
18+(Note: This summary applies to this bill as introduced and does
19+not reflect any amendments that may be subsequently adopted. If this bill
20+passes third reading in the house of introduction, a bill summary that
21+applies to the reengrossed version of this bill will be available at
22+http://leg.colorado.gov
23+.)
24+Independent contractors (contractors) were previously ineligible
25+for the federal public service loan forgiveness program (program), which
26+forgives remaining federal student loan liability for government and
27+SENATE
28+3rd Reading Unamended
29+April 23, 2024
30+SENATE
31+2nd Reading Unamended
32+April 22, 2024
33+HOUSE
34+3rd Reading Unamended
35+April 8, 2024
36+HOUSE
37+2nd Reading Unamended
38+April 5, 2024
39+HOUSE SPONSORSHIP
40+Marvin and Rutinel, Amabile, Bacon, Bird, Boesenecker, Brown, Clifford, Daugherty,
41+deGruy Kennedy, Epps, Froelich, Garcia, Hernandez, Herod, Jodeh, Kipp, Lindsay, Lindstedt,
42+Mabrey, McCluskie, Ricks, Sirota, Snyder, Titone, Weissman, Woodrow
43+SENATE SPONSORSHIP
44+Michaelson Jenet, Buckner, Cutter, Gardner, Gonzales, Hinrichsen, Jaquez Lewis, Priola,
45+Roberts, Rodriguez, Winter F., Zenzinger
46+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
47+Capital letters or bold & italic numbers indicate new material to be added to existing law.
48+Dashes through the words or numbers indicate deletions from existing law. nonprofit full-time employees after 10 years of qualifying service, but in
49+2023 the federal government made contractors who perform work for a
50+government agency eligible for the program if the work cannot be
51+performed by a government employee. Three independent judicial
52+agencies, the office of the alternative defense counsel, the office of the
53+child's representative, and the office of respondent parents' counsel
54+(agencies) primarily use contractors to provide legal representation on
55+behalf of the agencies because providing the same services through state
56+employees would create ethical conflicts.
57+To enable these contractors to qualify for the program if they
58+otherwise meet program requirements, the bill:
59+! Clarifies that state employees cannot provide the legal
60+services that the independent contractors provide;
61+! Allows the agencies to certify that a contractor appears to
62+be eligible for the program; and
63+! Because some contractors provide or have provided legal
64+services on behalf of more than one of the agencies,
65+authorizes the agencies to share contractor information to
66+the extent necessary to certify a contractor's eligibility for
67+the program.
68+Be it enacted by the General Assembly of the State of Colorado:1
69+SECTION 1. Legislative declaration. (1) The general assembly2
70+finds and declares that:3
71+(a) Three independent judicial agencies, the office of the4
72+alternative defense counsel, the office of the child's representative, and5
73+the office of respondent parents' counsel, primarily use independent6
74+contractors to provide legal representation as required by state law7
75+because providing the same services through government employees8
76+would be impracticable due to the ethical conflicts that such employment9
77+would create;10
78+(b) Providing legal representation through independent contractors11
79+is a common model to address such conflicts;12
80+(c) In 2007, Congress created the public service loan forgiveness13
81+program to allow government and nonprofit full-time employees to have14
82+1374-2- their federal student loans forgiven after ten years of qualifying service,1
83+but, unfortunately, independent contractors who provide crucial legal2
84+representation through contracts with government agencies were not3
85+eligible for the program;4
86+(d) In 2023, the federal government changed the requirements for5
87+the program to make an independent contractor eligible for public service6
88+loan forgiveness if the work that the independent contractor performs for7
89+a government agency cannot be performed by a government employee;8
90+(e) Providing opportunities for independent contractors who9
91+provide legal services on behalf of independent judicial agencies to be10
92+eligible for the same federal public service loan forgiveness that would11
93+be available for government employees performing similar work will12
94+improve recruitment and retention for crucial public service legal work13
95+and provide important financial benefits to Colorado residents and small14
96+business owners;15
97+(f) Each year, these three independent judicial agencies lose16
98+highly qualified and trained contractors to full-time government or17
99+nonprofit jobs because these contractors want to be eligible for public18
100+service loan forgiveness, and this turnover is costly for the state and19
101+detrimental to clients; and20
102+(g) Nothing in this act is intended to alter eligibility for state or21
103+local loan forgiveness, and the federal government will continue to be22
104+ultimately responsible for determining eligibility for federal public23
105+service loan forgiveness.24
106+(2) The general assembly therefore declares that it is in the best25
107+interests of the state, the legal profession, and the people served by26
108+independent judicial agencies to clarify that independent contractors who27
109+1374
110+-3- provide legal services on behalf of independent judicial agencies can be1
111+eligible for federal public service loan forgiveness.2
112+SECTION 2. In Colorado Revised Statutes, 13-91-105, add (3)3
113+as follows:4
114+13-91-105. Duties of the office of the child's representative -5
67115 guardian ad litem and counsel for youth programs. (3) C
68-OLORADO
69-RELIES PRIMARILY ON AN INDEPENDENT CONTRACTOR MODEL OF LEGAL
70-REPRESENTATION FOR CHILDREN AND YOUTH PROVIDED IN ACCORDANCE
71-WITH THIS SECTION
72-. WHILE THE OFFICE OF THE CHILD'S REPRESENTATIVE
73-CURRENTLY PROVIDES LEGAL REPRESENTATION FOR CHILDREN AND YOUTH
74-IN SOME CASE TYPES AND IN ONE COUNTY THROUGH STATE EMPLOYEES AND
75-WILL CONTINUE TO EXPLORE THE USE OF A STATE EMPLOYEE STAFF MODEL
76-OF LEGAL REPRESENTATION FOR CHILDREN AND YOUTH WHERE FEASIBLE
77-,
78-C
79-OLORADO'S NEED FOR LEGAL REPRESENTATION FOR CHILDREN AND YOUTH
80-CANNOT BE FILLED OR PROVIDED STATEWIDE SOLELY BY EMPLOYEES OF THE
81-OFFICE OF THE CHILD
82-'S REPRESENTATIVE. THE DIRECTOR OR THE DIRECTOR'S
83-DESIGNEE IS AUTHORIZED TO SIGN A CERTIFICATION FOR ANY CURRENT OR
84-PAST INDEPENDENT CONTRACTOR THAT CERTIFIES THAT THE CONTRACTOR
85-APPEARS TO BE ELIGIBLE FOR FEDERAL PUBLIC SERVICE LOAN FORGIVENESS
86-AS ALLOWED BY FEDERAL LAW OR REGULATIONS
87-. WITH THE AUTHORIZATION
88-OF AN INDEPENDENT CONTRACTOR WHO IS PROVIDING OR HAS PROVIDED
89-LEGAL REPRESENTATION ON BEHALF OF THE OFFICE
90-, THE DIRECTOR OR THE
91-DIRECTOR
92-'S DESIGNEE MAY SHARE INFORMATION , INCLUDING THE
93-CONTRACTOR
94-'S NAME, SOCIAL SECURITY NUMBER OR FEDERAL EMPLOYER
95-IDENTIFICATION NUMBER
96-, AND THE TOTAL NUMBER OF HOURS BILLED BY THE
97-CONTRACTOR BY CALENDAR YEAR
98-, WITH OTHER INDEPENDENT JUDICIAL
99-AGENCIES FOR THE PURPOSE OF CERTIFYING APPARENT PAST
100-, CURRENT, AND
101-FUTURE ELIGIBILITY FOR PUBLIC SERVICE LOAN FORGIVENESS ALLOWED BY
102-FEDERAL LAW OR REGULATIONS
103-.
104-SECTION 3. In Colorado Revised Statutes, 13-92-104, add (3) as
105-follows:
106-13-92-104. Duties of the office of the respondent parents'
116+OLORADO6
117+RELIES PRIMARILY ON AN INDEPENDENT CONTRACTOR MODEL OF LEGAL7
118+REPRESENTATION FOR CHILDREN AND YOUTH PROVIDED IN ACCORDANCE8
119+WITH THIS SECTION. WHILE THE OFFICE OF THE CHILD'S REPRESENTATIVE9
120+CURRENTLY PROVIDES LEGAL REPRESENTATION FOR CHILDREN AND YOUTH10
121+IN SOME CASE TYPES AND IN ONE COUNTY THROUGH STATE EMPLOYEES11
122+AND WILL CONTINUE TO EXPLORE THE USE OF A STATE EMPLOYEE STAFF12
123+MODEL OF LEGAL REPRESENTATION FOR CHILDREN AND YOUTH WHERE13
124+FEASIBLE, COLORADO'S NEED FOR LEGAL REPRESENTATION FOR CHILDREN14
125+AND YOUTH CANNOT BE FILLED OR PROVIDED STATEWIDE SOLELY BY15
126+EMPLOYEES OF THE OFFICE OF THE CHILD 'S REPRESENTATIVE. THE16
127+DIRECTOR OR THE DIRECTOR 'S DESIGNEE IS AUTHORIZED TO SIGN A17
128+CERTIFICATION FOR ANY CURRENT OR PAST INDEPENDENT CONTRACTOR18
129+THAT CERTIFIES THAT THE CONTRACTOR APPEARS TO BE ELIGIBLE FOR19
130+FEDERAL PUBLIC SERVICE LOAN FORGIVENESS AS ALLOWED BY FEDERAL20
131+LAW OR REGULATIONS. WITH THE AUTHORIZATION OF AN INDEPENDENT21
132+CONTRACTOR WHO IS PROVIDING OR HAS PROVIDED LEGAL22
133+REPRESENTATION ON BEHALF OF THE OFFICE , THE DIRECTOR OR THE23
134+DIRECTOR'S DESIGNEE MAY SHARE INFORMATION , INCLUDING THE24
135+CONTRACTOR'S NAME, SOCIAL SECURITY NUMBER OR FEDERAL EMPLOYER25
136+IDENTIFICATION NUMBER, AND THE TOTAL NUMBER OF HOURS BILLED BY26
137+THE CONTRACTOR BY CALENDAR YEAR , WITH OTHER INDEPENDENT27
138+1374
139+-4- JUDICIAL AGENCIES FOR THE PURPOSE OF CERTIFYING APPARENT PAST ,1
140+CURRENT, AND FUTURE ELIGIBILITY FOR PUBLIC SERVICE LOAN2
141+FORGIVENESS ALLOWED BY FEDERAL LAW OR REGULATIONS .3
142+SECTION 3. In Colorado Revised Statutes, 13-92-104, add (3)4
143+as follows:5
144+13-92-104. Duties of the office of the respondent parents'6
107145 counsel. (3) E
108-MPLOYEES OF THE OFFICE ARE PROHIBITED FROM PROVIDING
109-DIRECT LEGAL REPRESENTATION TO RESPONDENT PARENTS
110-. FOR THE
111-PURPOSE OF DETERMINING ELIGIBILITY FOR FEDERAL PUBLIC SERVICE LOAN
112-FORGIVENESS
113-, AN INDEPENDENT CONTRACTOR , INCLUDING AN ATTORNEY,
114-A SOCIAL WORKER, A FAMILY ADVOCATE, OR A PARENT ADVOCATE, WHO IS
115-PAGE 3-HOUSE BILL 24-1374 PROVIDING OR HAS PROVIDED LEGAL SERVICES TO RESPONDENT PARENTS
116-PURSUANT TO THE CONTRACTOR
117-'S CONTRACT HAS A CONFLICT THAT
118-PROHIBITS THE CONTRACTOR FROM PROVIDING THESE SERVICES AS A STATE
119-EMPLOYEE
120-. THE DIRECTOR OR THE DIRECTOR'S DESIGNEE IS AUTHORIZED TO
121-SIGN A CERTIFICATION FOR ANY CURRENT OR PAST INDEPENDENT
122-CONTRACTOR THAT CERTIFIES THAT THE CONTRACTOR APPEARS TO BE
123-ELIGIBLE FOR FEDERAL PUBLIC SERVICE LOAN FORGIVENESS AS ALLOWED BY
124-FEDERAL LAW OR REGULATIONS
125-. WITH THE AUTHORIZATION OF AN
126-INDEPENDENT CONTRACTOR
127-, THE DIRECTOR OR THE DIRECTOR'S DESIGNEE
128-MAY SHARE INFORMATION
129-, INCLUDING THE CONTRACTOR 'S NAME, SOCIAL
130-SECURITY NUMBER OR FEDERAL EMPLOYER IDENTIFICATION NUMBER
131-, AND
132-TOTAL NUMBER OF HOURS BILLED BY THE CONTRACTOR BY CALENDAR YEAR
133-,
134-WITH OTHER JUDICIAL AGENCIES FOR THE PURPOSE OF CERTIFYING APPARENT
135-PAST
136-, CURRENT, AND FUTURE ELIGIBILITY FOR PUBLIC SERVICE LOAN
137-FORGIVENESS ALLOWED BY FEDERAL LAW OR REGULATIONS
138-.
139-SECTION 4. In Colorado Revised Statutes, 21-2-105, add (3) as
140-follows:
141-21-2-105. Contracts with attorneys and other legal services
146+MPLOYEES OF THE OFFICE ARE PROHIBITED FROM7
147+PROVIDING DIRECT LEGAL REPRESENTATION TO RESPONDENT PARENTS .8
148+F
149+OR THE PURPOSE OF DETERMINING ELIGIBILITY FOR FEDERAL PUBLIC9
150+SERVICE LOAN FORGIVENESS, AN INDEPENDENT CONTRACTOR , INCLUDING10
151+AN ATTORNEY, A SOCIAL WORKER, A FAMILY ADVOCATE, OR A PARENT11
152+ADVOCATE, WHO IS PROVIDING OR HAS PROVIDED LEGAL SERVICES TO12
153+RESPONDENT PARENTS PURSUANT TO THE CONTRACTOR 'S CONTRACT HAS13
154+A CONFLICT THAT PROHIBITS THE CONTRACTOR FROM PROVIDING THESE14
155+SERVICES AS A STATE EMPLOYEE . THE DIRECTOR OR THE DIRECTOR 'S15
156+DESIGNEE IS AUTHORIZED TO SIGN A CERTIFICATION FOR ANY CURRENT OR16
157+PAST INDEPENDENT CONTRACTOR THAT CERTIFIES THAT THE CONTRACTOR17
158+APPEARS TO BE ELIGIBLE FOR FEDERAL PUBLIC SERVICE LOAN18
159+FORGIVENESS AS ALLOWED BY FEDERAL LAW OR REGULATIONS . WITH THE19
160+AUTHORIZATION OF AN INDEPENDENT CONTRACTOR , THE DIRECTOR OR THE20
161+DIRECTOR'S DESIGNEE MAY SHARE INFORMATION , INCLUDING THE21
162+CONTRACTOR'S NAME, SOCIAL SECURITY NUMBER OR FEDERAL EMPLOYER22
163+IDENTIFICATION NUMBER, AND TOTAL NUMBER OF HOURS BILLED BY THE23
164+CONTRACTOR BY CALENDAR YEAR , WITH OTHER JUDICIAL AGENCIES FOR24
165+THE PURPOSE OF CERTIFYING APPARENT PAST , CURRENT, AND FUTURE25
166+ELIGIBILITY FOR PUBLIC SERVICE LOAN FORGIVENESS ALLOWED BY26
167+FEDERAL LAW OR REGULATIONS .27
168+1374
169+-5- SECTION 4. In Colorado Revised Statutes, 21-2-105, add (3) as1
170+follows:2
171+21-2-105. Contracts with attorneys and other legal services3
142172 providers. (3) C
143-OLORADO RELIES PRIMARILY ON AN INDEPENDENT
144-CONTRACTOR MODEL OF LEGAL REPRESENTATION FOR COURT
145--APPOINTED
146-ADULT AND YOUTH REPRESENTATION IN ACCORDANCE WITH THIS SECTION
147-WHEN THE PUBLIC DEFENDER
148-'S OFFICE HAS A LEGAL CONFLICT OF INTEREST.
149-W
150-HILE THE OFFICE OF THE ALTERNATE DEFENSE COUNSEL PROVIDES SOME
151-LEGAL REPRESENTATION FOR INDIGENT INDIVIDUALS ON SOME CASES
152-THROUGH STATE EMPLOYEES AND WILL CONTINUE TO EXPLORE THE USE OF
153-STATE EMPLOYEE STAFF MODEL SOLUTIONS WHERE FEASIBLE
154-, COLORADO'S
155-NEED FOR CONFLICT
156--FREE INDIGENT DEFENSE COUNSEL CANNOT BE FILLED
157-OR PROVIDED STATEWIDE BY DIRECT EMPLOYEES OF THE OFFICE OF THE
158-ALTERNATE DEFENSE COUNSEL
159-. FOR THE PURPOSE OF DETERMINING
160-ELIGIBILITY FOR FEDERAL PUBLIC SERVICE LOAN FORGIVENESS
161-, ANY
162-INDEPENDENT CONTRACTOR
163-, INCLUDING, BUT NOT LIMITED TO, A RESOURCE
164-ADVOCATE
165-, AN INVESTIGATOR, A CASE ASSISTANT, AN ATTORNEY, A SOCIAL
166-WORKER
167-, A PARALEGAL, OR A LEGAL RESEARCHER , WHO IS CURRENTLY
168-PROVIDING OR HAS PREVIOUSLY PROVIDED LEGAL SERVICES OR SERVICES
169-THROUGH AN INTERDISCIPLINARY LEGAL TEAM HAS A CONFLICT IN
170-PROVIDING THESE SERVICES AS A STATE EMPLOYEE
171-. THE DIRECTOR OF THE
172-OFFICE OF THE ALTERNATE DEFENSE COUNSEL OR THE DIRECTOR
173-'S DESIGNEE
174-IS AUTHORIZED TO SIGN A CERTIFICATION FOR ANY CURRENT OR PAST
175-PAGE 4-HOUSE BILL 24-1374 INDEPENDENT CONTRACTOR THAT CERTIFIES THAT THE CONTRACTOR
176-APPEARS TO BE ELIGIBLE FOR FEDERAL PUBLIC SERVICE LOAN FORGIVENESS
177-AS ALLOWED BY FEDERAL LAW OR REGULATIONS
178-. WITH THE AUTHORIZATION
179-OF AN INDEPENDENT CONTRACTOR
180-, THE DIRECTOR OF THE OFFICE OF THE
181-ALTERNATE DEFENSE COUNSEL OR THE DIRECTOR
182-'S DESIGNEE MAY SHARE
183-INFORMATION
184-, INCLUDING THE CONTRACTOR 'S NAME, SOCIAL SECURITY
185-NUMBER OR FEDERAL EMPLOYER IDENTIFICATION NUMBER
186-, AND THE TOTAL
187-NUMBER OF HOURS BILLED BY THE CONTRACTOR BY CALENDAR YEAR
188-, WITH
189-OTHER INDEPENDENT JUDICIAL AGENCIES FOR THE PURPOSE OF CERTIFYING
190-APPARENT PAST
191-, CURRENT, AND FUTURE ELIGIBILITY FOR PUBLIC SERVICE
192-LOAN FORGIVENESS ALLOWED BY FEDERAL LAW OR REGULATIONS
193-.
194-SECTION 5. Safety clause. The general assembly finds,
195-determines, and declares that this act is necessary for the immediate
196-preservation of the public peace, health, or safety or for appropriations for
197-PAGE 5-HOUSE BILL 24-1374 the support and maintenance of the departments of the state and state
198-institutions.
199-____________________________ ____________________________
200-Julie McCluskie Steve Fenberg
201-SPEAKER OF THE HOUSE PRESIDENT OF
202-OF REPRESENTATIVES THE SENATE
203-____________________________ ____________________________
204-Robin Jones Cindi L. Markwell
205-CHIEF CLERK OF THE HOUSE SECRETARY OF
206-OF REPRESENTATIVES THE SENATE
207- APPROVED________________________________________
208- (Date and Time)
209- _________________________________________
210- Jared S. Polis
211- GOVERNOR OF THE STATE OF COLORADO
212-PAGE 6-HOUSE BILL 24-1374
173+OLORADO RELIES PRIMARILY ON AN INDEPENDENT4
174+CONTRACTOR MODEL OF LEGAL REPRESENTATION FOR COURT -APPOINTED5
175+ADULT AND YOUTH REPRESENTATION IN ACCORDANCE WITH THIS SECTION6
176+WHEN THE PUBLIC DEFENDER 'S OFFICE HAS A LEGAL CONFLICT OF7
177+INTEREST. WHILE THE OFFICE OF THE ALTERNATE DEFENSE COUNSEL8
178+PROVIDES SOME LEGAL REPRESENTATION FOR INDIGENT INDIVIDUALS ON9
179+SOME CASES THROUGH STATE EMPLOYEES AND WILL CONTINUE TO10
180+EXPLORE THE USE OF STATE EMPLOYEE STAFF MODEL SOLUTIONS WHERE11
181+FEASIBLE, COLORADO'S NEED FOR CONFLICT-FREE INDIGENT DEFENSE12
182+COUNSEL CANNOT BE FILLED OR PROVIDED STATEWIDE BY DIRECT13
183+EMPLOYEES OF THE OFFICE OF THE ALTERNATE DEFENSE COUNSEL . FOR14
184+THE PURPOSE OF DETERMINING ELIGIBILITY FOR FEDERAL PUBLIC SERVICE15
185+LOAN FORGIVENESS, ANY INDEPENDENT CONTRACTOR , INCLUDING, BUT16
186+NOT LIMITED TO, A RESOURCE ADVOCATE , AN INVESTIGATOR, A CASE17
187+ASSISTANT, AN ATTORNEY, A SOCIAL WORKER, A PARALEGAL, OR A LEGAL18
188+RESEARCHER, WHO IS CURRENTLY PROVIDING OR HAS PREVIOUSLY19
189+PROVIDED LEGAL SERVICES OR SERVICES THROUGH AN INTERDISCIPLINARY20
190+LEGAL TEAM HAS A CONFLICT IN PROVIDING THESE SERVICES AS A STATE21
191+EMPLOYEE. THE DIRECTOR OF THE OFFICE OF THE ALTERNATE DEFENSE22
192+COUNSEL OR THE DIRECTOR 'S DESIGNEE IS AUTHORIZED TO SIGN A23
193+CERTIFICATION FOR ANY CURRENT OR PAST INDEPENDENT CONTRACTOR24
194+THAT CERTIFIES THAT THE CONTRACTOR APPEARS TO BE ELIGIBLE FOR25
195+FEDERAL PUBLIC SERVICE LOAN FORGIVENESS AS ALLOWED BY FEDERAL26
196+LAW OR REGULATIONS. WITH THE AUTHORIZATION OF AN INDEPENDENT27
197+1374
198+-6- CONTRACTOR, THE DIRECTOR OF THE OFFICE OF THE ALTERNATE DEFENSE1
199+COUNSEL OR THE DIRECTOR 'S DESIGNEE MAY SHARE INFORMATION ,2
200+INCLUDING THE CONTRACTOR 'S NAME, SOCIAL SECURITY NUMBER OR3
201+FEDERAL EMPLOYER IDENTIFICATION NUMBER , AND THE TOTAL NUMBER4
202+OF HOURS BILLED BY THE CONTRACTOR BY CALENDAR YEAR , WITH OTHER5
203+INDEPENDENT JUDICIAL AGENCIES FOR THE PURPOSE OF CERTIFYING6
204+APPARENT PAST, CURRENT, AND FUTURE ELIGIBILITY FOR PUBLIC SERVICE7
205+LOAN FORGIVENESS ALLOWED BY FEDERAL LAW OR REGULATIONS .8
206+SECTION 5. Safety clause. The general assembly finds,9
207+determines, and declares that this act is necessary for the immediate10
208+preservation of the public peace, health, or safety or for appropriations for11
209+the support and maintenance of the departments of the state and state12
210+institutions.13
211+1374
212+-7-