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