SENATE BILL 24-048
BY SENATOR(S) Priola, Jaquez Lewis, Buckner, Cutter, Exum, Fields,
Gonzales, Michaelson Jenet, Roberts;
also REPRESENTATIVE(S) deGruy Kennedy and Lynch, Epps, Amabile,
Bacon, Bird, Boesenecker, Brown, Clifford, Daugherty, Duran, Garcia,
Hamrick, Hernandez, Herod, Jodeh, Kipp, Lindsay, Mabrey, McLachlan,
Rutinel, Sirota, Snyder, Story, Titone, Valdez, Velasco, Vigil, Weissman,
Willford, Young, McCluskie.
C
ONCERNING RECOVERY FROM SUBSTANCE USE DISORDERS , AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add part 3 to article 20
of title 23 as follows:
PART 3
RECOVERY-FRIENDLY WORKPLACES
23-20-301. Definitions. A
S USED IN THIS PART 3, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
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. (1) "CENTER" MEANS THE CENTER FOR HEALTH , WORK, AND
ENVIRONMENT AT THE
COLORADO SCHOOL OF PUBLIC HEALTH .
(2) "C
ERTIFIED RECOVERY-FRIENDLY WORKPLACE " MEANS A
WORKPLACE THAT MEETS THE CRITERIA FOR CERTIFICATION AS ESTABLISHED
BY THIS PART
3, ATTAINS DESIGNATION AS CERTIFIED BY THE
RECOVERY
-FRIENDLY WORKPLACE PROGRAM , AND RECEIVES WRITTEN
DOCUMENTATION FROM THE PROGRAM OF SUCH DESIGNATION
.
(3) "E
MPLOYEE" MEANS ANY PERSON WHO WORKS FOR SALARY ,
WAGES, OR OTHER REMUNERATION FOR AN EMPLOYER SUBJECT TO THE
PROVISIONS OF THIS PART
3 AND INCLUDES INDIVIDUALS IN MANAGERIAL
POSITIONS
, THOSE WORKING FOR OR ON BEHALF OF THE STATE ,
CONTRACTORS, AND INDIVIDUALS IN WORK-FROM-HOME POSITIONS.
(4) "E
MPLOYER" MEANS ANY PUBLIC OR PRIVATE PERSON OR ENTITY
THAT HAS ONE OR MORE EMPLOYEES WHO ARE RESIDENTS OF THE STATE AND
WHO ARE COVERED BY THE
"WORKERS' COMPENSATION ACT OF
COLORADO", ARTICLES 40 TO 47 OF TITLE 8, OR THAT CONDUCTS BUSINESS
IN OR WITHIN THE STATE
. "EMPLOYER" INCLUDES THE STATE AND ANY
DEPARTMENT
, AGENCY, OR INSTRUMENTALITY OF THE STATE; ANY COUNTY;
ANY MUNICIPAL CORPORATION ; AND ANY EMPLOYER THAT IS SELF-INSURED.
A
SINGLE EMPLOYER MAY HAVE MULTIPLE WORKPLACES .
(5) "P
ARTICIPANT" MEANS A WORKPLACE THAT MEETS THE CRITERIA
FOR PARTICIPANT STATUS AS ESTABLISHED BY THIS PART
3, ATTAINS
DESIGNATION AS A PARTICIPANT BY THE RECOVERY
-FRIENDLY WORKPLACE
PROGRAM
, AND RECEIVES DOCUMENTATION FROM THE PROGRAM OF SUCH
DESIGNATION
.
(6) "P
REVENTION" MEANS THE PREVENTION OF SUBSTANCE MISUSE
THROUGH STRATEGIES DESIGNED TO REDUCE THE RISK OF INJURY AND
STRESS IN THE WORKPLACE AND ADDRESS OTHER FACTORS THAT MAY
INCREASE THE RISK OF SUBSTANCE MISUSE AND THROUGH TRAINING AND
EDUCATION TO BUILD SUBSTANCE USE DISORDER AND RECOVERY LITERACY
.
(7) "R
ECOVERY" MEANS A PROCESS OF CHANGE THROUGH WHICH
INDIVIDUALS IMPROVE THEIR HEALTH AND WELLNESS
, LIVE A SELF-DIRECTED
LIFE
, AND STRIVE TO REACH THEIR FULL POTENTIAL .
PAGE 2-SENATE BILL 24-048 (8) "RECOVERY-FRIENDLY WORKPLACE ADVISOR " MEANS AN
INDIVIDUAL WHO IS AN EMPLOYEE OF OR CONTRACTOR FOR THE
RECOVERY
-FRIENDLY WORKPLACE PROGRAM AND WHOSE DUTIES INCLUDE
ASSISTING EMPLOYERS THROUGH THE PROCESS OF BECOMING A
RECOVERY
-FRIENDLY WORKPLACE PARTICIPANT OR A CERTIFIED
RECOVERY
-FRIENDLY WORKPLACE.
(9) "R
ECOVERY-FRIENDLY WORKPLACE PROGRAM " OR "PROGRAM"
MEANS THE PROGRAM ESTABLISHED IN SECTION 23-20-302.
(10) "R
ECOVERY-FRIENDLY WORKPLACE TASK FORCE " MEANS A
TASK FORCE ESTABLISHED BY AN EMPLOYER OR ITS EMPLOYEES THAT
REFLECTS DIFFERENT COMPONENTS OF THE WORKFORCE AND INCLUDES
DIFFERENT LEVELS OF STAFF TO LEAD RECOVERY
-FRIENDLY WORKPLACE
POLICY DEVELOPMENT AND IMPLEMENTATION AND TO CONTINUOUSLY
REVIEW AND UPDATE THE EMPLOYER
'S POLICIES AND PRACTICES TO MAKE
THEM MORE RECOVERY
-FRIENDLY.
(11) "R
ECOVERY SUPPORT SERVICES ORGANIZATION " HAS THE
MEANING SET FORTH IN SECTION
27-60-108 (2)(c).
(12) "S
UBSTANCE USE DISORDER" HAS THE SAME MEANING AS SET
FORTH IN SECTION
27-50-101 (20).
(13) "W
ORKPLACE" MEANS ANY OFFICE, WAREHOUSE, BUILDING, OR
OTHER LOCATION
, WHETHER PERMANENT OR TEMPORARY , WHERE AN
EMPLOYEE PERFORMS ANY WORK
-RELATED DUTY OR DUTIES IN THE SCOPE
AND COURSE OF THE EMPLOYEE
'S EMPLOYMENT. EMPLOYERS MAY HAVE
MORE THAN ONE WORKPLACE
. "WORKPLACE" DOES NOT INCLUDE AN
EMPLOYEE
'S RESIDENCE OR OTHER REMOTE WORK LOCATION . IF AN
EMPLOYER OPERATES EXCLUSIVELY THROUGH TELEWORK
, THE DESIGNATED
WORKPLACE ADDRESS IS THE ADDRESS LISTED ON THE EMPLOYER
'S ARTICLES
OF INCORPORATION FILED WITH THE SECRETARY OF STATE
, IF INCORPORATED
IN THIS STATE
, OR, IF NOT INCORPORATED IN THIS STATE, THE ADDRESS OF
THE EMPLOYER
'S OFFICIAL HEADQUARTERS IN THIS STATE.
23-20-302. Recovery-friendly workplace program - creation -
duties. (1) T
HERE IS HEREBY ESTABLISHED A RECOVERY -FRIENDLY
WORKPLACE PROGRAM
. THE CENTER MAY CONTRACT WITH ONE OR MORE
PUBLIC OR PRIVATE ENTITIES TO PERFORM SOME OR ALL OF THE DUTIES
PAGE 3-SENATE BILL 24-048 OUTLINED IN THIS PART 3 BUT SHALL MAINTAIN OVERSIGHT OF THE
PROGRAM
. ANY SUCH PUBLIC OR PRIVATE ENTITY SHALL BE REQUIRED TO
MEET ALL REQUIREMENTS FOR CERTIFICATION AS A RECOVERY
-FRIENDLY
WORKPLACE
.
(2) A
T A MINIMUM, THE PROGRAM MUST:
(a) D
EVELOP OR ADOPT A PROCESS THROUGH WHICH EMPLOYERS
MAY APPLY TO BECOME RECOVERY
-FRIENDLY WORKPLACE PARTICIPANTS OR
CERTIFIED AS RECOVERY
-FRIENDLY AS SET FORTH IN SECTION 23-20-303;
(b) D
EVELOP OR ADOPT AN ORIENTATION PROCESS THAT INCLUDES
TRAINING MATERIALS FOR NEW EMPLOYERS THAT PROVIDES A BASELINE
INTRODUCTION TO SUBSTANCE USE DISORDERS
, TREATMENT, AND
RECOVERY
, INCLUDING INFORMATION ON THE SCIENCE OF ADDICTION ,
STIGMA, SUBSTANCE USE IN THE WORKFORCE , PREVENTION MEASURES ,
AVAILABLE LOCAL RESOURCES , AND THE WAYS IN WHICH EMPLOYERS CAN
AMEND AND IMPLEMENT RECOVERY
-FRIENDLY POLICIES AND PRACTICES TO
HELP THEIR EMPLOYEES WITH SUBSTANCE USE DISORDERS
;
(c) P
ROVIDE CONSULTATION, GUIDANCE, TECHNICAL ASSISTANCE,
TRAINING AND EDUCATION, AND OTHER SUPPORT TO EMPLOYERS SEEKING TO
BECOME PARTICIPANTS OR CERTIFIED RECOVERY
-FRIENDLY WORKPLACES,
AS WELL AS TO CURRENT PARTICIPANTS AND CERTIFIED RECOVERY -FRIENDLY
EMPLOYERS AND KEY STAKEHOLDERS WITHIN THE WORKPLACE
, SUCH AS
HUMAN RESOURCES DIRECTORS AND UNION LEADERS
;
(d) C
ONDUCT OUTREACH TO KEY STAKEHOLDERS WITHIN THE STATE ,
INCLUDING EMPLOYERS THAT ARE NOT ENGAGED IN THE PROGRAM , LABOR
UNIONS
, AND RECOVERY SUPPORT SERVICES ORGANIZATIONS TO PROVIDE
INFORMATION REGARDING THE PR OGRAM AND PROGRAM BENEFITS
;
(e) D
EPENDENT ON FUNDING, HIRE OR CONTRACT WITH AT LEAST ONE
RECOVERY
-FRIENDLY WORKPLACE ADVISOR FOR EVERY ONE HUNDRED
PARTICIPANTS AND CERTIFIED RECOVERY
-FRIENDLY WORKPLACES;
(f) A
SSIGN A RECOVERY-FRIENDLY WORKPLACE ADVISOR TO EACH
EMPLOYER THAT HAS SUBMITTED A LETTER OF INTENT WHO WILL
:
(I) A
SSIST EMPLOYERS THROUGH THE PROCESS OF BECOMING A
PAGE 4-SENATE BILL 24-048 PARTICIPANT OR CERTIFIED RECOVERY -FRIENDLY WORKPLACE;
(II) P
ROVIDE INFORMATION TO EMPLOYERS REGARDING THE STATE
AND FEDERAL LAWS AND REGULATIONS THAT IMPACT INDIVIDUALS WITH
SUBSTANCE USE DISORDERS
, INCLUDING THE FEDERAL "AMERICANS WITH
DISABILITIES ACT OF 1990", 42 U.S.C. SEC. 12101 ET. SEQ.; STATE
DISABILITY LAWS
; THE FEDERAL "FAMILY MEDICAL LEAVE ACT", 29 U.S.C.
SECS. 2601 TO 2654; 42 CFR 2; AND THE FEDERAL "HEALTH INSURANCE
PORTABILITY AND ACCOUNTABILITY ACT OF 1996", 42 U.S.C. SEC. 201 ET
SEQ
., THROUGH THE PROVISION OF WRITTEN MATERIALS , TRAINING, OR
REFERRAL TO AN INDIVIDUAL OR ENTITY WITH THE REQUISITE KNOWLEDGE
;
(III) P
ROVIDE ONGOING ASSISTANCE TO EMPLOYERS BY :
(A) W
ORKING WITH EMPLOYERS TO REVIEW THE EMPLOYERS '
POLICIES AND PROCEDURES AND PROVIDING SUGGESTIONS TO MAKE SUCH
POLICIES AND PROCEDURES MORE RECOVERY
-FRIENDLY;
(B) R
EFERRING EMPLOYERS TO ORGANIZATIONS AND INDIVIDUALS
WITH SPECIALIZED KNOWLEDGE AND EXPERTISE THAT MAY ASSIST THE
EMPLOYER IN BECOMING OR MAINTAINING ITS STATUS AS
RECOVERY
-FRIENDLY OR IN REVISING ITS POLICIES OR PROCEDURES TO
BETTER ASSIST EMPLOYEES WITH SUBSTANCE USE DISORDERS
, ADDRESSING
STIGMA AND BUILDING A RECOVERY
-SUPPORTIVE WORKPLACE CULTURE , OR
IN PROVIDING EMPLOYEES ACCESS TO ADDITIONAL SERVICES AND SUPPORTS
;
AND
(C) ENCOURAGING EMPLOYEE INVOLVEMENT IN THE EMPLOYER 'S
PROCESS OF BECOMING A PARTICIPANT OR CERTIFIED RECOVERY
-FRIENDLY
WORKPLACE OR IN MAINTAINING SUCH STATUS
, INCLUDING THROUGH
ACTIVITIES SUCH AS PARTICIPATING IN A RECOVERY
-FRIENDLY WORKPLACE
TASK FORCE
, ORIENTING NEW EMPLOYEES ON THE EMPLOYER 'S
RECOVERY
-FRIENDLY POLICIES, MONITORING THE IMPLEMENTATION
PROCESS
, AND PROVIDING FEEDBACK ON THE EMPLOYER 'S
RECOVERY
-FRIENDLY WORKPLACE EFFORTS ; AND
(IV) ASSIST EMPLOYERS IN RENEWING THEIR STATUS AS A
PARTICIPANT OR CERTIFIED RECOVERY
-FRIENDLY WORKPLACE THROUGH THE
COMPLETION OF AN ANNUAL REVIEW AS SET FORTH IN SECTION
23-20-303
(5);
PAGE 5-SENATE BILL 24-048 (g) PROVIDE EACH PARTICIPATING EMPLOYER WITH A CERTIFICATE
OR OTHER DOCUMENTATION EVIDENCING THE EMPLOYER
'S STATUS AS A
PARTICIPANT OR AS A CERTIFIED RECOVERY
-FRIENDLY WORKPLACE, WHICH
MUST REFLECT THE NAME OF THE EMPLOYER
, THE ADDRESS OF EACH
WORKPLACE COVERED BY THE CERTIFICATE
, THE DATE THE CERTIFICATE WAS
ISSUED
, AND THE DATE OF EXPIRATION;
(h) D
EVELOP A RECOVERY -FRIENDLY WORKPLACE PROGRAM
WEBSITE THAT PROVIDES RESOURCES AND INFORMATION ON SUBSTANCE USE
IN THE WORKPLACE TO EMPLOYERS
, EMPLOYEES, AND THE GENERAL PUBLIC
OR INCORPORATE SUCH INFORMATION INTO THE CENTER
'S EXISTING WEBSITE;
(i) D
EVELOP OR ADOPT ALREADY EXISTING EDUCATIONAL AND
TRAINING RESOURCES FOR EMPLOYERS AND EMPLOYEES THAT MUST BE
POSTED TO THE PROGRAM WEBSITE AND MUST INCLUDE MATERIALS SUCH AS
GUIDELINE DOCUMENTS
, FLYERS, POSTERS, WEBINARS, PANEL DISCUSSIONS,
ONLINE INTERACTIVE MODULES , AND TRAINING MODULES TAILORED TO
SPECIFIC EMPLOYERS OR INDUSTRIES AND MAY INCLUDE INTERACTIVE
CLASSROOM
-BASED TRAINING;
(j) D
EVELOP OR ADOPT ALREADY EXISTING MODEL
RECOVERY
-FRIENDLY POLICIES AND PROCEDURES FOR USE BY EMPLOYERS ;
AND
(k) COMPILE THE INFORMATION TO BE SUBMITTED TO THE CENTER
PURSUANT TO SECTION
23-20-304 (2)(b).
23-20-303. Recovery-friendly workplace program - participants
- certified recovery-friendly workplaces - requirements - renewal -
termination. (1) A
N EMPLOYER SEEKING TO PARTICIPATE IN THE
RECOVERY
-FRIENDLY WORKPLACE PROGRAM MAY CHOOSE TO DO SO AS A
PARTICIPANT OR AS A CERTIFIED RECOVERY
-FRIENDLY WORKPLACE.
(2) (a) T
O BECOME A PARTICIPANT IN THE PROGRAM , AN EMPLOYER
MUST
:
(I) S
UBMIT A LETTER OF INTENT TO THE PROGRAM IN A FORM AND
MANNER PRESCRIBED BY THE PROGRAM THAT MUST INCLUDE
, AT A
MINIMUM
, THE NAME AND ADDRESS OF THE EMPLOYER AND , IF THE
EMPLOYER HAS MORE THAN ONE WORKPLACE
, THE STREET ADDRESS OF EACH
PAGE 6-SENATE BILL 24-048 WORKPLACE TO WHICH THE LETTER OF INTENT APPLIES ;
(II) C
OMPLETE THE ORIENTATION PROCESS AS REQUIRED BY THE
PROGRAM
, INCLUDING COMPLETION OF THE ORIENTATION TRAINING MODULE ;
(III) P
REPARE A RECOVERY -FRIENDLY WORKPLACE PLEDGE OR
STATEMENT
, OR USE A FORM PROVIDED BY THE PROGRAM , THAT IDENTIFIES
THE VALUES OR PRINCIPLES INFORMING THE COMMITMENT AND BRIEFLY
DESCRIBES THE KEY RECOVERY
-FRIENDLY WORKPLACE STEPS THE EMPLOYER
MUST COMPLETE AS A PARTICIPANT
; AND
(IV) NOTIFY ALL EMPLOYEES AND THE MEMBERS OF THE EMPLOYER 'S
BOARD OF DIRECTORS
, IF ANY, IN WRITING OF THE INTENT TO BECOME A
PARTICIPANT
, WHICH THE EMPLOYER MUST SUBMIT TO THE PROGRAM .
(b) U
PON SUBMISSION OF THE LETTER OF INTENT , THE PROGRAM
MUST ASSIGN THE EMPLOYER A RECOVERY
-FRIENDLY WORKPLACE ADVISOR .
(c) A
FTER AN EMPLOYER COMPLETES THE MINIMUM REQUIREMENTS
AS SET FORTH IN SUBSECTION
(2)(a) OF THIS SECTION, THE PROGRAM MUST:
(I) L
IST THE EMPLOYER AS A PARTICIPANT ON THE PROGRAM
WEBSITE
; AND
(II) PROVIDE THE EMPLOYER WITH A CERTIFICATE OR OTHER
DOCUMENTATION VERIFYING THE EMPLOYER
'S STATUS AS A PARTICIPANT IN
THE RECOVERY
-FRIENDLY WORKPLACE PROGRAM , WHICH CERTIFICATE OR
DOCUMENTATION MUST INCLUDE THE DATE OF ISSUANCE
, THE EXPIRATION
DATE
, AND THE ADDRESS OF EACH WORKPLACE COVERED BY THE
CERTIFICATE
. THE CERTIFICATE MUST BE VALID FOR A PERIOD OF AT LEAST
ONE YEAR AFTER THE DATE OF ISSUANCE
.
(3) (a) T
O BECOME CERTIFIED AS A RECOVERY -FRIENDLY
WORKPLACE
, AN EMPLOYER MUST:
(I) C
OMPLETE ALL STEPS SET FORTH IN SUBSECTION (2)(a) OF THIS
SECTION FOR BECOMING A PARTICIPANT
;
(II) W
ITH THE EMPLOYER'S RECOVERY-FRIENDLY WORKPLACE
ADVISOR
, COMPLETE A STANDARDIZED ASSESSMENT OF THE EMPLOYER 'S
PAGE 7-SENATE BILL 24-048 CURRENT POLICIES, PROCEDURES, AND PRACTICES THAT IMPACT CURRENT
AND PROSPECTIVE EMPLOYEES WITH SUBSTANCE USE DISORDERS AND
DETERMINE WHERE IMPROVEMENTS CAN BE MADE
; AND
(III) WITH THE RECOVERY-FRIENDLY WORKPLACE ADVISOR , SET
TIME
-LIMITED GOALS TO MAKE SELECT IMPROVEMENTS IDENTIFIED IN
SUBSECTION
(3)(a)(II) OF THIS SECTION, WHICH MUST BE COMPLETED WITHIN
THE ONE
-YEAR TERM OF THE CERTIFICATION, UNLESS AN EXTENSION OF TIME
IS GRANTED BY THE PROGRAM
.
(b) T
HE PROGRAM SHALL LIST ON THE PROGRAM WEBSITE EACH
EMPLOYER THAT COMPLETES THE MINIMUM REQUIREMENTS AS SET FORTH IN
SUBSECTION
(3)(a) OF THIS SECTION AS A CERTIFIED RECOVERY-FRIENDLY
WORKPLACE
. IF THE EMPLOYER HAS A LOGO, THE PROGRAM SHALL INCLUDE
THE LOGO IN THE LISTING
.
(c) U
PON COMPLETION OF THE MINIMUM REQUIREMENTS AS SET
FORTH IN SUBSECTION
(3)(a) OF THIS SECTION, THE PROGRAM SHALL
PROVIDE AN EMPLOYER WITH A CERTIFICATE OR OTHER DOCUMENTATION
SUITABLE FOR DISPLAY THAT VERIFIES THE EMPLOYER
'S STATUS AS A
CERTIFIED RECOVERY
-FRIENDLY WORKPLACE. THE CERTIFICATE OR OTHER
DOCUMENTATION MUST INCLUDE THE DATE OF ISSUANCE
, THE EXPIRATION
DATE
, AND THE ADDRESS OF EACH WORKPLACE COVERED BY THE
CERTIFICATE
. THE CERTIFICATE MUST BE VALID FOR ONE YEAR AFTER THE
DATE OF ISSUANCE
.
(4) T
HE CENTER SHALL RECOGNIZE EACH CERTIFIED
RECOVERY
-FRIENDLY WORKPLACE EMPLOYER THROUGH PROGRAM PRESS
RELEASES AND PROGRAM
-SPONSORED EVENTS THROUGHOUT THE YEAR .
(5) A
T LEAST THIRTY DAYS PRIOR TO THE EXPIRATION OF A
CERTIFICATE DESIGNATING AN EMPLOYER AS A PARTICIPANT OR AS A
CERTIFIED RECOVERY
-FRIENDLY WORKPLACE, THE EMPLOYER SHALL:
(a) M
EET WITH THE RECOVERY-FRIENDLY WORKPLACE ADVISOR TO
COMPLETE A REVIEW OF THE EMPLOYER
'S RECOVERY-FRIENDLY-RELATED
ACTIVITIES FOR THE PAST YEAR
, INCLUDING REVISING WORKPLACE POLICIES
TO BETTER ASSIST EMPLOYEES WITH SUBSTANCE USE DISORDERS
,
IMPLEMENTING POLICIES TO ENCOURAGE THE HIRING OF INDIVIDUALS IN
RECOVERY FROM SUBSTANCE USE DISORDERS
, DECREASING OR ELIMINATING
PAGE 8-SENATE BILL 24-048 BARRIERS FOR EMPLOYEES SEEKING TREATMENT , ESTABLISHING A
RECOVERY
-FRIENDLY WORKPLACE TASK FORCE , AND TAKING STEPS TO
REDUCE STIGMA IN THE WORKPLACE
;
(b) I
N CONSULTATION WITH THE RECOVERY -FRIENDLY WORKPLACE
ADVISOR
, SET GOALS FOR THE UPCOMING YEAR ; AND
(c) COMPLETE A WRITTEN OR ELECTRONIC PROGRAM SATISFACTION
SURVEY
.
(6) A
N EMPLOYER MAY CHOOSE TO TERMINATE ITS PARTICIPATION
IN THE PROGRAM IF THE TERMINATION
:
(a) T
AKES EFFECT PRIOR TO THE EXPIRATION OF THE EMPLOYER 'S
CURRENT DESIGNATION AND THE EMPL OYER PROVIDES WRITTEN NOTICE TO
THE PROGRAM OF THE INTENT TO TERMINATE PARTICIPATION WITHIN THIRTY
DAYS PRIOR TO THE PROPOSED DATE OF TERMINATION
; OR
(b) TAKES EFFECT ON THE EXPIRATION OF THE EMPLOYER 'S CURRENT
DESIGNATION AND THE EMPLOYER PROVIDES WRITTEN NOTICE TO THE
PROGRAM OF THE EMPLOYER
'S INTENT NOT TO RENEW ITS DESIGNATION AS
A PARTICIPANT OR A CERTIFIED RECOVERY
-FRIENDLY WORKPLACE.
(7) T
HE PROGRAM MAY REVOKE OR DECLINE TO RENEW THE
DESIGNATION AS A PARTICIPANT OR CERTIFIED RECOVERY
-FRIENDLY
WORKPLACE FOR ANY EMPLOYER THAT
:
(a) V
IOLATES ANY OF THE REQUIREMENTS OF THIS PART 3; OR
(b) FAILS TO TAKE THE NECESSARY STEPS TO RENEW ITS
PARTICIPATION OR CERTIFICATION WITHIN THE TIME ALLOWED BY THE
PROGRAM
.
(8) T
HE PROGRAM SHALL REMOVE ALL PARTICIPANTS AND CERTIFIED
RECOVERY
-FRIENDLY WORKPLACES WHOSE DESIGNATION IS REVOKED OR
WHO DO NOT SEEK RENEWAL FROM THE PROGRAM WEBSITE AND TERMINATE
ALL BENEFITS ASSOCIATED WITH SUCH DESIGNATION
.
(9) T
HE PROGRAM SHALL BE FLEXIBLE IN GRANTING EXTENSIONS TO
PARTICIPANTS AND CERTIFIED RECOVERY
-FRIENDLY WORKPLACES THAT
PAGE 9-SENATE BILL 24-048 BEGIN THE PROCESS OF RENEWING THEIR DESIGNATION BUT FAIL TO
COMPLETE THE PROCESS BEFORE THEIR CURRENT DESIGNATION EXPIRES
.
23-20-304. Program evaluation and reports. (1) T
HE CENTER
MAY CONDUCT AN EVALUATION OF THE EFFECTIVENESS OF THE
RECOVERY
-FRIENDLY WORKPLACE PROGRAM AND IDENTIFY WAYS TO
IMPROVE THE PROGRAM
. THE CENTER MAY HIRE AN OUTSIDE CONTRACTOR
TO PERFORM THE EVALUATION
.
(2) (a) B
EGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
PART
3, AND ON AN ANNUAL BASIS THEREAFTER , THE PROGRAM SHALL
COLLECT AND AGGREGATE THE SATISFACTION DATA OBTAINED AS THE
RESULT OF THE RENEWAL PROCESS AND SHALL PRESENT SUCH INFORMATION
IN THE FORM OF A REPORT TO THE HOUSE OF REPRESENTATIVES BUSINESS
AFFAIRS AND LABOR COMMITTEE AND THE SENATE BUSINESS
, LABOR, AND
TECHNOLOGY COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES , FOR THE
PURPOSE OF PROGRAM REVIEW
. THE INFORMATION IN THIS REPORT IS
CONFIDENTIAL AND NOT SUBJECT TO THE
"COLORADO OPEN RECORDS ACT",
PART 2 OF ARTICLE 72 OF TITLE 24. NOTWITHSTANDING SECTION 24-1-136
(11)(a)(I),
THE REQUIREMENT IN THIS SECTION TO REPORT TO THE GENERAL
ASSEMBLY CONTINUES INDEFINITELY
.
(b) O
N AN ANNUAL BASIS, THE PROGRAM SHALL COLLECT AND
AGGREGATE DATA REGARDING THE FOLLOWING AND SHALL SUBMIT SUCH
DATA TO THE CENTER
:
(I) T
HE NUMBER OF EMPLOYERS DESIGNATED AS PARTICIPANTS IN
THE RECOVERY
-FRIENDLY WORKPLACE PROGRAM , INCLUDING INFORMATION
REGARDING THE TYPES OF INDUSTRIES REPRESENTED AND NUMBER OF
EMPLOYEES
, IF AVAILABLE;
(II) T
HE NUMBER OF EMPLOYERS DESIGNATED AS CERTIFIED
RECOVERY
-FRIENDLY WORKPLACES, INCLUDING INFORMATION REGARDING
THE TYPES OF INDUSTRIES REPRESENTED AND NUMBER OF EMPLOYEES
, IF
AVAILABLE
;
(III) T
HE NUMBER OF PARTICIPANTS DESIGNATED AS CERTIFIED
RECOVERY
-FRIENDLY WORKPLACES;
(IV) T
HE NUMBER OF ONLINE AND IN-PERSON TRAININGS CONDUCTED
PAGE 10-SENATE BILL 24-048 BY THE PROGRAM, NOT INCLUDING THE ORIENTATION TRAINING , INCLUDING
THE TOPICS
, NUMBER OF ATTENDEES , INDUSTRIES REPRESENTED , AND
WHETHER SUCH TRAININGS WERE CONDUCTED AT THE REQUEST OF ONE OR
MORE EMPLOYERS
; AND
(V) ANY OTHER INFORMATION REQUIRED BY THE CENTER .
23-20-305. Repeal of part. T
HIS PART 3 IS REPEALED, EFFECTIVE
SEPTEMBER 1, 2028.
SECTION 2. In Colorado Revised Statutes, 23-18-308, add (1)(n)
as follows:
23-18-308. Fee-for-service contracts - grants to local district
colleges - limited purpose - repeal. (1) Subject to available
appropriations, the department shall enter into fee-for-service contracts for
the following purposes:
(n) T
HE RECOVERY-FRIENDLY WORKPLACE PROGRAM CREATED IN
PART
3 OF ARTICLE 20 OF THIS TITLE 23. THIS SUBSECTION (1)(n) IS
REPEALED
, EFFECTIVE SEPTEMBER 1, 2028.
SECTION 3. In Colorado Revised Statutes, add 22-1-146 as
follows:
22-1-146. Recovery school grant program - created - eligibility
- reporting - definitions - rules - repeal. (1) A
S USED IN THIS SECTION,
UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "D
EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION .
(b) "G
RANT PROGRAM" MEANS THE RECOVERY SCHOOL GRANT
PROGRAM CREATED IN SUBSECTION
(2) OF THIS SECTION.
(c) "R
ECOVERY SCHOOL" MEANS A SCHOOL THAT:
(I) E
DUCATES AND SUPPORTS STUDENTS IN RECOVERY FROM
SUBSTANCE USE OR CO
-OCCURRING DISORDERS, INCLUDING SELF-HARM AND
DISORDERED EATING
;
PAGE 11-SENATE BILL 24-048 (II) INTENDS THAT ALL STUDENTS ENROLLED ARE WORKING IN AN
ACTIVE AND ABSTINENCE
-FOCUSED PROGRAM OF RECOVERY AS DETERMINED
BY THE STUDENT AND THE SCHOOL
; AND
(III) PROVIDES SUPPORT FOR FAMILIES LEARNING HOW TO LIVE WITH ,
AND PROVIDE SUPPORT FOR , THEIR TEENS WHO ARE ENTERING INTO THE
RECOVERY LIFESTYLE
.
(2) (a) T
HE RECOVERY SCHOOL GRANT PROGRAM IS CREATED WITHIN
THE DEPARTMENT
. THE PURPOSE OF THE GRANT PROGRAM IS TO PROVIDE
GRANTS TO RECOVERY SCHOOLS FOR EXPENSES RELATED TO ASSISTING
STUDENTS WHO ARE LIVING A LIFE OF SOBRIETY
.
(b) G
RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH
THE GRANT PROGRAM FOR EXPENSES RELATED TO ASSISTING STUDENTS WHO
ARE LIVING A LIFE OF SOBRIETY
.
(c) S
UBJECT TO AVAILABLE APPROPRIATIONS , THE DEPARTMENT
SHALL ADMINISTER THE GRANT PR OGRAM AND SHALL AWARD GRANTS AS
PROVIDED IN THIS SECTION
. GRANTS MUST BE PAID OUT OF MONEY
APPROPRIATED FOR THE GRANT PROGRAM AS PROVIDED IN SUBSECTION
(5)
OF THIS SECTION.
(d) T
HE DEPARTMENT SHALL IMPLEMENT THE GRANT PROGRAM IN
ACCORDANCE WITH THIS SECTION
. THE COMMISSIONER OF EDUCATION MAY
PROMULGATE THE RULES REQUIRED IN THIS SECTION AND ANY ADDITIONAL
RULES NECESSARY TO IMPLEMENT THE GRANT PROGRAM
.
(3) (a) T
O RECEIVE A GRANT, A RECOVERY SCHOOL MUST SUBMIT AN
APPLICATION TO THE DEPARTMENT IN ACCORDANCE WITH RULES
PROMULGATED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
.
(b) T
HE DEPARTMENT SHALL REVIEW THE APPLICATIONS RECEIVED
PURSUANT TO THIS SECTION
.
(c) O
N OR BEFORE JANUARY 1, 2025, THE DEPARTMENT SHALL
AWARD GRANTS AS PROVIDED IN THIS SECTION
. THE DEPARTMENT SHALL
DISTRIBUTE THE GRANT MONEY WITHIN FOURTEEN DAYS AFTER AWARDING
THE GRANTS
.
PAGE 12-SENATE BILL 24-048 (4) ON OR BEFORE JULY 1, 2025, EACH RECOVERY SCHOOL THAT
RECEIVES A GRANT THROUGH THE GRANT PROGRAM SHALL SUBMIT A REPORT
TO THE DEPARTMENT DETAILING HOW THE RECOVERY SCHOOL USED THE
GRANT MONEY
.
(5) F
OR THE 2024-25 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE FIFTY THOUSAND DOLLARS FROM THE GENERAL FUND
TO THE DEPARTMENT TO IMPLEMENT THE GRANT PROGRAM
.
(6) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026.
SECTION 4. In Colorado Revised Statutes, 22-54-103, add (10)(i)
as follows:
22-54-103. Definitions. As used in this article 54, unless the context
otherwise requires:
(10) (i) (I) F
OR THE 2024-25 BUDGET YEAR AND EACH BUDGET YEAR
THEREAFTER
, A DISTRICT MAY INCLUDE IN ITS PUPIL ENROLLMENT PUPILS
WHO WERE ENROLLED IN THE DISTRICT PRIOR TO THE PUPIL ENROLLMENT
COUNT DAY AND THEN TRANSFERRED OUT OF THE DISTRICT PRIOR TO THE
PUPIL ENROLLMENT COUNT DAY FOR THE PURPOSE OF ATTENDING A
RECOVERY HIGH SCHOOL
.
(II) N
OTWITHSTANDING SECTION 22-2-306, THE DEPARTMENT OF
EDUCATION IS NOT REQUIRED TO PROVIDE ADVANCE NOTICE REQUIREMENTS
TO A SCHOOL DISTRICT OR AN INSTITUTE CHARTER SCHOOL IN IMPLEMENTING
THIS SUBSECTION
(10)(i).
(III) A
S USED IN THIS SUBSECTION (10)(i), "RECOVERY HIGH SCHOOL"
MEANS A SCHOOL THAT:
(A) E
DUCATES AND SUPPORTS STUDENTS IN RECOVERY FROM
SUBSTANCE USE OR CO
-OCCURRING DISORDERS, INCLUDING SELF-HARM AND
DISORDERED EATING
;
(B) I
NTENDS THAT ALL STUDENTS ENROLLED ARE WORKING IN AN
ACTIVE AND ABSTINENCE
-FOCUSED PROGRAM OF RECOVERY AS DETERMINED
BY THE STUDENT AND THE SCHOOL
;
PAGE 13-SENATE BILL 24-048 (C) PROVIDES SUPPORT FOR FAMILIES LEARNING HOW TO LIVE WITH ,
AND PROVIDE SUPPORT FOR , THEIR TEENS WHO ARE ENTERING INTO THE
RECOVERY LIFESTYLE
; AND
(D) MEETS STATE REQUIREMENTS FOR AWARDING A HIGH SCHOOL
DIPLOMA
.
SECTION 5. In Colorado Revised Statutes, 27-80-126, amend
(3)(b) as follows:
27-80-126. Recovery support services grant program - creation
- eligibility - reporting requirements - appropriation - rules -
definitions. (3) A recovery community organization that receives a grant
from the grant program may use the money to:
(b) Provide guidance to individuals with a substance use disorder or
co-occurring substance use and mental health disorder and their family
members on
THE MANY PATHWAYS FOR RECOVERY , navigating treatment,
social service
SERVICES, and recovery support systems;
SECTION 6. In Colorado Revised Statutes, 27-80-129, amend
(1)(b)(I) introductory portion, (3), and (4) as follows:
27-80-129. Regulation of recovery residences - rules - definitions.
(1) As used in this section:
(b) (I) "Recovery residence" "sober living facility", or "sober home"
means any premises, place, facility, or building that provides housing
accommodation for individuals with a primary diagnosis of a substance use
disorder that:
(3) (a) Effective January 1, 2020,
A person shall not operate a
facility using the term recovery residence "sober living facility", "sober
home", or a substantially similar term FACILITY, and a licensed, registered,
or certified health-care provider;
A MANAGED CARE ENTITY, AS DEFINED IN
SECTION
25.5-5-802 (5); A MANAGED CARE ORGANIZATION , AS DEFINED IN
SECTION
25.5-5-403 (5); or a licensed health facility shall not refer an
individual in need of recovery support services
to a facility RECOVERY
RESIDENCE
, unless the facility
RESIDENCE:
PAGE 14-SENATE BILL 24-048 (a) (I) Is certified by a certifying body as specified in subsection (4)
of this section;
(b) (II) Is chartered by Oxford House or its successor organization;
OR
(c) (III) Has been operating as a recovery residence in Colorado for
thirty or more years as of May 23, 2019. or
(d) Is a community-based organization that provides reentry
services as described in section 17-33-101 (7).
(b) IF A PERSON IS OPERATING A RECOVERY RESIDENCE OR A
SUBSTANTIALLY SIMILAR FACILITY IN VIOLATION OF SUBSECTION
(3)(a) OF
THIS SECTION
, THE BEHAVIORAL HEALTH ADMINISTRATION SHALL SEND THE
FACILITY A CEASE
-AND-DESIST LETTER.
(4) The behavioral health administration in the department of human
services shall, by rule, determine the requirements for a certifying body
seeking approval for purposes of subsection (3)(a) (3)(a)(I) of this section,
which rules must include a requirement that a certifying body include a
representative from the behavioral health administration on its board.
SECTION 7. In Colorado Revised Statutes, 30-28-115, add (2)(b.7)
as follows:
30-28-115. Public welfare to be promoted - legislative
declaration - construction. (2) (b.7) T
HE GENERAL ASSEMBLY FINDS AND
DECLARES THAT IT IS THE POLICY OF THE STATE TO ENCOURAGE
, PROMOTE,
AND ASSIST PERSONS WHO ARE IN RECOVERY FROM SUBSTANCE USE
DISORDERS TO LIVE IN RESIDENTIAL NEIGHBORHOODS
. FURTHER, THE
GENERAL ASSEMBLY DECLARES THAT THE USE OF RECOVERY RESIDENCES
, AS
DEFINED IN SECTION
27-80-129 (1)(b), BY PERSONS IN RECOVERY FROM
SUBSTANCE USE DISORDERS IS A MATTER OF STATEWIDE CONCERN AND THAT
RECOVERY RESIDENCES ARE A RESIDENTIAL USE OF PROPERTY FOR ZONING
PURPOSES AND SUBJECT ONLY TO THE REGULATIONS OF LIKE DWELLINGS IN
THE SAME ZONE
.
SECTION 8. In Colorado Revised Statutes, 31-23-303, add (2)(b.7)
as follows:
PAGE 15-SENATE BILL 24-048 31-23-303. Legislative declaration. (2) (b.7) T HE GENERAL
ASSEMBLY FINDS AND DECLARES THAT IT IS THE POLICY OF THE STATE TO
ENCOURAGE
, PROMOTE, AND ASSIST PERSONS WHO ARE IN RECOVERY FROM
SUBSTANCE USE DISORDERS TO LIVE IN RESIDENTIAL NEIGHBORHOODS
.
F
URTHER, THE GENERAL ASSEMBLY DECLARES THAT THE USE OF RECOVERY
RESIDENCES
, AS DEFINED IN SECTION 27-80-129 (1)(b), BY PERSONS IN
RECOVERY FROM SUBSTANCE USE DISORDERS IS A MATTER OF STATEWIDE
CONCERN AND THAT RECOVERY RESIDENCES ARE A RESIDENTIAL USE OF
PROPERTY FOR ZONING PURPOSES AND SUBJECT ONLY TO THE REGULATIONS
OF LIKE DWELLINGS IN THE SAME ZONE
.
SECTION 9. In Colorado Revised Statutes, add 44-3-108 as
follows:
44-3-108. Substance use disorders - recovery - retail liquor sales
- stakeholder group - rules - repeal. (1) N
O LATER THAN JULY 1, 2025, IN
ORDER TO ASSIST INDIVIDUALS WHO ARE RECOVERING FROM SUBSTANCE USE
DISORDERS
, THE LIQUOR ENFORCEMENT DIVISION SHALL ADOPT RULES
RELATED TO THE LOCATION OF ALCOHOL BEVERAGE DISPLAYS
.
(2) T
HE LIQUOR ENFORCEMENT DIVISION SHALL CONVENE A
STAKEHOLDER GROUP OF THE FOLLOWING MEMBERS TO DEVELOP THE RULES
REQUIRED IN SUBSECTION
(1) OF THIS SECTION:
(a) F
OUR INDIVIDUALS REPRESENTING RECOVERY PROVIDERS , OF
WHOM TWO INDIVIDUALS MUST REPRESENT A RECOVERY PROVIDER IN A
RURAL OR FRONTIER AREA AND TWO INDIVIDUALS MUST REPRESENT A
RECOVERY PROVIDER IN A METRO OR URBAN AREA
;
(b) T
WO INDIVIDUALS REPRESENTING A RECOVERY RESIDENCE , AS
DEFINED IN SECTION
27-80-129 (1)(b);
(c) T
HREE INDIVIDUALS, EACH REPRESENTING A CONVENIENCE STORE
LICENSED UNDER THIS ARTICLE
3 OR ARTICLE 4 OF THIS TITLE 44 TO SELL
ALCOHOL BEVERAGES
; AND
(d) THREE INDIVIDUALS, EACH REPRESENTING A GROCERY STORE
LICENSED UNDER THIS ARTICLE
3 OR ARTICLE 4 OF THIS TITLE 44 TO SELL
ALCOHOL BEVERAGES
.
PAGE 16-SENATE BILL 24-048 (3) THE LIQUOR ENFORCEMENT DIVISION SHALL PROVIDE NOTICE OF
STAKEHOLDER MEETINGS ON ITS WEBSITE AND HOLD STAKEHOLDER
MEETINGS OPEN TO THE PUBLIC
. THE STAKEHOLDER GROUP SHALL MEET AT
LEAST THREE TIMES
.
(4) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026.
SECTION 10. Appropriation. (1) For the 2024-25 state fiscal
year, $144,321 is appropriated to the department of education. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $19,010 for use by management and administration for grants
administration, which amount is based on an assumption that the division
will require an additional 0.2 FTE;
(b) $56,300 for use by management and administration for
information technology services; and
(c) $69,011 for use by student pathways for the substance use
disorders recovery grant pilot program, which amount is based on an
assumption that the division will require an additional 0.2 FTE.
(2) For the 2024-25 state fiscal year, $303,752 is appropriated to the
department of higher education. This appropriation is from the general fund.
To implement this act, the department may use this appropriation for the
college opportunity fund program to be used for limited purpose
fee-for-service contracts with state institutions.
(3) For the 2024-25 state fiscal year, $303,752 is appropriated to the
department of higher education. This appropriation is from reappropriated
funds received from the limited purpose fee-for-service contracts with state
institutions under subsection (2) of this section and is based on an
assumption that the department will require an additional 1.3 FTE. To
implement this act, the department may use this appropriation for the
regents of the university of Colorado for allocation to the school of public
health.
(4) For the 2024-25 state fiscal year, $37,980 is appropriated to the
department of revenue for use by the liquor and tobacco enforcement
PAGE 17-SENATE BILL 24-048 division. This appropriation is from the liquor enforcement division and
state licensing authority cash fund created in section 44-6-101, C.R.S. To
implement this act, the division may use this appropriation as follows:
(a) $30,798 for personal services, which amount is based on an
assumption that the division will require an additional 0.4 FTE; and
(b) $7,182 for operating expenses.
SECTION 11. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 18-SENATE BILL 24-048 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 19-SENATE BILL 24-048