Amendments for HB22-1049
House Journal, February 17
30 HB22-1049 be amended as follows, and as so amended, be referred to
31 the Committee of the Whole with favorable
32 recommendation:
33
34 Amend printed bill, strike everything below the enacting clause and
35 substitute:
36
37 "SECTION 1. In Colorado Revised Statutes, add 23-5-113.5 as
38 follows:
39 23-5-113.5. Prohibition on withholding transcripts and
40 diplomas - postsecondary institution - remedy - definitions. (1) AS
41 USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
42 (a) "DEBT" MEANS ANY MONEY, OBLIGATION, CLAIM, OR SUM, DUE
43 OR OWING, OR ALLEGED TO BE DUE OR OWING, FROM A CURRENT OR
44 FORMER STUDENT, BUT DOES NOT INCLUDE A FEE CHARGED TO A CURRENT
45 OR FORMER STUDENT FOR THE ACTUAL COST OF PROVIDING A TRANSCRIPT
46 OR DIPLOMA.
47 (b) "FINANCIAL AID FUNDS" MEANS FINANCIAL AID FUNDS THAT A
48 CURRENT OR FORMER STUDENT OWES TO A POSTSECONDARY INSTITUTION
49 UNDER TITLE IV, OR TO THE STATE, DUE TO MISCALCULATION,
50 WITHDRAWAL, MISINFORMATION, OR ANY OTHER REASON, NOT INCLUDING
51 THE STANDARD REPAYMENT OF STUDENT LOANS.
52 (c) "POSTSECONDARY INSTITUTION" MEANS A PUBLIC INSTITUTION
53 OF HIGHER EDUCATION, AS DEFINED IN SECTION 23-4.5-102 (7); A PRIVATE
102 54 INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION 23-18-
55 (9); OR A PRIVATE OCCUPATIONAL SCHOOL, AS DEFINED IN SECTION
56 23-2-102 (13).
1 (d) "ROOM AND BOARD FEES" MEANS ANY MONEY, OBLIGATION,
2 CLAIM, OR SUM, DUE OR OWING, OR ALLEGED TO BE DUE OR OWING, FROM
3 A CURRENT OR FORMER STUDENT FOR THE PROVISION OF CONTRACTUALLY
4 AGREED UPON ON-CAMPUS HOUSING OR MEAL SERVICES PLANS.
5 (e) "STUDENT LOAN BORROWER" HAS THE SAME MEANING AS SET
6 FORTH IN SECTION 5-20-103 (7).
7 (f) "STUDENT LOAN OMBUDSPERSON" MEANS THE STUDENT LOAN
8 OMBUDSPERSON DESIGNATED IN SECTION 5-20-104.
9 (2) NOTWITHSTANDING ANY PROVISION OF LAW TO THE
10 CONTRARY, WITH REGARD TO A CURRENT OR FORMER STUDENT WHO OWES
11 A DEBT, A POSTSECONDARY INSTITUTION SHALL NOT:
12 (a) REFUSE TO PROVIDE A TRANSCRIPT OR DIPLOMA FOR THE
13 CURRENT OR FORMER STUDENT ON THE GROUNDS THAT THE STUDENT
14 OWES A DEBT;
15 (b) CONDITION THE PROVISION OF A TRANSCRIPT OR DIPLOMA ON
16 PAYMENT OF A DEBT;
17 (c) CHARGE A HIGHER FEE TO OBTAIN A TRANSCRIPT OR DIPLOMA
18 OR PROVIDE LESS FAVORABLE TREATMENT IN RESPONSE TO A TRANSCRIPT
19 OR DIPLOMA REQUEST BECAUSE THE REQUESTING CURRENT OR FORMER
20 STUDENT OWES A DEBT; OR
21 (d) OTHERWISE USE TRANSCRIPT OR DIPLOMA ISSUANCE AS A TOOL
22 FOR DEBT COLLECTION.
23 (3) (a) NOTWITHSTANDING THE PROHIBITION STATED IN
24 SUBSECTION (2)(a) OF THIS SECTION, A POSTSECONDARY INSTITUTION MAY
25 REFUSE TO PROVIDE A TRANSCRIPT OR DIPLOMA FOR A CURRENT OR
26 FORMER STUDENT ON THE GROUNDS THAT THE STUDENT OWES A DEBT FOR
27 TUITION, ROOM AND BOARD FEES, OR FINANCIAL AID FUNDS, UNLESS THE
28 STUDENT IS REQUESTING THE TRANSCRIPT OR DIPLOMA FOR ONE OF THE
29 FOLLOWING PURPOSES:
30 (I) A JOB APPLICATION;
31 (II) TRANSFERRING TO ANOTHER POSTSECONDARY INSTITUTION;
32 (III) APPLYING FOR STATE, FEDERAL, OR INSTITUTIONAL
33 FINANCIAL AID;
34 (IV) PURSUIT OF OPPORTUNITIES IN THE MILITARY OR NATIONAL
35 GUARD; OR
36 (V) PURSUIT OF OTHER POSTSECONDARY OPPORTUNITIES.
37 (b) (I) EACH POSTSECONDARY INSTITUTION SHALL ADOPT A
38 POLICY THAT OUTLINES THE PROCESS BY WHICH A STUDENT MAY OBTAIN
39 A TRANSCRIPT OR DIPLOMA AND THE CIRCUMSTANCES UNDER WHICH A
40 CURRENT OR FORMER STUDENT'S TRANSCRIPT OR DIPLOMA MAY BE
41 WITHHELD PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION. AT A
42 MINIMUM, THE POLICY MUST INCLUDE:
43 (A) THE ABILITY FOR THE STUDENT TO APPLY FOR A FINANCIAL
44 HARDSHIP WAIVER TO OBTAIN A TRANSCRIPT OR DIPLOMA;
45 (B) AN EXCEPTION TO WITHHOLDING THE TRANSCRIPT OR
46 DIPLOMA FOR A STUDENT WHO DEMONSTRATES THE TRANSCRIPT OR
47 DIPLOMA IS REQUESTED FOR A PURPOSE SPECIFIED IN SUBSECTION (3)(a)
48 OF THIS SECTION;
49 (C) AN OPPORTUNITY TO ESTABLISH A PAYMENT PLAN FOR THE
50 DEBT;
51 (D) IDENTIFICATION OF THE POINT AT WHICH A STUDENT WILL NO
52 LONGER BE ABLE TO REGISTER FOR CLASSES DUE TO THE DEBT OWED; AND
53
1 (E) IDENTIFICATION OF THE POINT AT WHICH A STUDENT MAY BE
2 SUBJECT TO A TRANSCRIPT, DIPLOMA, OR REGISTRATION HOLD, INCLUDING
3 THE TIME FRAMES AND AMOUNTS FOR WHICH THE HOLDS ARE TO BE USED
4 AND THE LOWEST AMOUNT OF DEBT AT WHICH THE INSTITUTION WILL
5 ASSIGN THE DEBT TO A THIRD-PARTY COLLECTION AGENCY.
6 (II) THE POSTSECONDARY INSTITUTION SHALL POST THE POLICY
7 DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS SECTION AND THE
8 PROCEDURES FOR FILING A COMPLAINT WITH THE STUDENT LOAN
9 OMBUDSPERSON ON THE POSTSECONDARY INSTITUTION'S WEBSITE AND
10 PROVIDE THE POLICY AND THE PROCEDURES TO STUDENTS AS PART OF THE
11 INFORMATION SHARED RELATING TO THE COST OF ATTENDANCE THAT
12 INCLUDES ANY ADDITIONAL FEES, FINANCIAL AID, SCHOLARSHIPS, OR
13 OTHER INFORMATION.
14 (4) (a) BEGINNING JULY 1, 2024, EACH POSTSECONDARY
15 INSTITUTION SHALL ANNUALLY REPORT TO THE DEPARTMENT OF HIGHER
16 EDUCATION CONCERNING TRANSCRIPT AND REGISTRATION HOLDS,
17 INCLUDING:
18 (I) THE POSTSECONDARY INSTITUTION'S POLICY DEVELOPED
19 PURSUANT TO SUBSECTION (3)(b) OF THIS SECTION;
20 (II) THE NUMBER OF STUDENTS FOR WHOM THE POSTSECONDARY
21 INSTITUTION IS WITHHOLDING OFFICIAL TRANSCRIPTS, DIPLOMAS, AND
22 REGISTRATION PRIVILEGES; AND
23 (III) THE NUMBER OF PAST-DUE STUDENT ACCOUNTS ASSIGNED TO
24 THIRD-PARTY COLLECTION AGENCIES, INCLUDING THE NUMBER OF
25 STUDENTS WHO ARE ELIGIBLE FOR FEDERAL PELL GRANTS.
26 (b) BEGINNING JANUARY 2025, AND EACH JANUARY THEREAFTER,
27 THE DEPARTMENT OF HIGHER EDUCATION SHALL ANNUALLY REPORT ON
28 THE INFORMATION DESCRIBED IN SUBSECTION (4)(a) OF THIS SECTION AT
29 THE DEPARTMENT'S ANNUAL HEARING PURSUANT TO THE "STATE
30 MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
31 (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
32 (5) (a) THE STUDENT LOAN OMBUDSPERSON MAY PROVIDE
33 INFORMATION TO THE PUBLIC REGARDING THE LIMITS DESCRIBED IN THIS
34 SECTION ON WITHHOLDING A TRANSCRIPT OR DIPLOMA AND MAY RECEIVE
35 COMPLAINTS FROM STUDENT LOAN BORROWERS WHO HAVE HAD A
36 TRANSCRIPT WITHHELD.
37 (b) BEGINNING JANUARY 2025, AND EACH JANUARY THEREAFTER,
38 THE ATTORNEY GENERAL'S OFFICE SHALL COMPILE DATA ON THE
39 COMPLAINTS RECEIVED BY THE STUDENT LOAN OMBUDSPERSON PURSUANT
40 TO SUBSECTION (5)(a) OF THIS SECTION AND ANNUALLY REPORT THE DATA
41 THROUGH THE ANNUAL HEARING FOR THE DEPARTMENT OF LAW HELD
42 PURSUANT TO THE "STATE MEASUREMENT FOR ACCOUNTABLE,
2 43 RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", PART
44 OF ARTICLE 7 OF TITLE 2.
45 (6) THIS SECTION DOES NOT PROHIBIT A PERSON FROM PURSUING
46 ANY OTHER REMEDY PROVIDED BY LAW FOR A VIOLATION OF THIS
47 SECTION.
48 SECTION 2. Safety clause. The general assembly hereby finds,
49 determines, and declares that this act is necessary for the immediate
50 preservation of the public peace, health, or safety.".
51
52
House Journal, February 23
47 Amendment recommended by Education Report, dated February 16,
48 2022, and placed in member’s bill file; Report also printed in House
49 Journal, February 17, 2022.
50
51 Laid Over until Thursday, February 24, 2022.
52
53
House Journal, February 24
19 Amendment No. 1, Education Report, dated February 16, 2022, and
20 placed in member’s bill file; Report also printed in House Journal,
21 February 17, 2022.
22
23 Amendment No. 2, by Representative Ricks.
24
25 Amend the Education Committee Report, dated February 16, 2022, page
26 1, after line 17 insert:
27
28 "(c) "FOREIGN STUDENT" HAS THE SAME MEANING AS SET FORTH
29 IN SECTION 23-1-113.5 (4)(c).".
30
31 Page 1, line 18, strike "(c)" and substitute "(d)".
32
33 Page 1, line 23, strike "(d)" and substitute "(e)".
34
35 Page 2, strike lines 4 through 31 and substitute:
36
37 "(2) (a) A POSTSECONDARY INSTITUTION MAY REFUSE TO PROVIDE
38 A TRANSCRIPT OR DIPLOMA TO A CURRENT OR FORMER STUDENT, EXCEPT
39 A FOREIGN STUDENT, ON THE GROUNDS THAT THE STUDENT OWES A DEBT
40 FOR TUITION, ROOM AND BOARD FEES, OR FINANCIAL AID FUNDS, UNLESS
41 THE STUDENT IS REQUESTING AND CAN DEMONSTRATE THAT THE
42 TRANSCRIPT OR DIPLOMA IS NEEDED FOR ONE OF THE FOLLOWING
43 PURPOSES:
44 (I) A JOB APPLICATION;
45 (II) TRANSFERRING TO ANOTHER POSTSECONDARY INSTITUTION;
46 (III) APPLYING FOR STATE, FEDERAL, OR INSTITUTIONAL FINANCIAL
47 AID;
48 (IV) PURSUIT OF OPPORTUNITIES IN THE MILITARY OR NATIONAL
49 GUARD; OR
50 (V) PURSUIT OF OTHER POSTSECONDARY OPPORTUNITIES.
51 (3) IF A POSTSECONDARY INSTITUTION PROVIDES A CURRENT OR
52 FORMER STUDENT A TRANSCRIPT OR DIPLOMA PURSUANT TO SUBSECTION
53 (2) OF THIS SECTION, OR PROVIDES A TRANSCRIPT OR DIPLOMA TO A
54 FOREIGN STUDENT WHO OWES A DEBT, THE POSTSECONDARY INSTITUTION
55 SHALL NOT:
1 (a) CONDITION PROVISION OF THE TRANSCRIPT OR DIPLOMA ON
2 PAYMENT OF A DEBT;
3 (b) CHARGE A HIGHER FEE TO OBTAIN THE TRANSCRIPT OR
4 DIPLOMA OR PROVIDE LESS FAVORABLE TREATMENT IN RESPONSE TO THE
5 TRANSCRIPT OR DIPLOMA REQUEST BECAUSE THE REQUESTING CURRENT
6 OR FORMER STUDENT OWES A DEBT; OR
7 (c) OTHERWISE USE TRANSCRIPT OR DIPLOMA ISSUANCE AS A TOOL
8 FOR DEBT COLLECTION.".
9
10 Amendment No. 3, by Representative Ricks.
11
12 Amend Education Committee Report, dated February 16, 2022, page 1,
13 strike line 27.
14
15 Page 2, strike line 1.
16
17 Page 2, strike lines 32 through 43 and substitute:
18 "(4) (a) EACH POSTSECONDARY INSTITUTION SHALL ADOPT A
19 POLICY THAT OUTLINES THE PROCESS BY WHICH A STUDENT MAY OBTAIN
20 A TRANSCRIPT OR DIPLOMA AND THE CIRCUMSTANCES UNDER WHICH A
21 TRANSCRIPT OR DIPLOMA MAY BE WITHHELD PURSUANT TO SUBSECTION
22 (2) OF THIS SECTION FROM A CURRENT OR FORMER STUDENT, OTHER THAN
23 A FOREIGN STUDENT, WHO OWES A DEBT. AT A MINIMUM, THE POLICY
24 MUST INCLUDE:
25 (I) A REASONABLE PROCESS FOR VERIFICATION OF CONDITIONS A
26 CURRENT OR FORMER STUDENT MAY DEMONSTRATE TO RECEIVE AN
27 EXEMPTION PURSUANT TO SUBSECTION (2) OF THIS SECTION;".
28
29 Page 3, line 1, strike "(C)" and substitute "(II)".
30
31 Page 3, line 3, strike "(D)" and substitute "(III)".
32
33 Page 3, line 5, strike "(E)" and substitute "(IV)".
34
35 Page 3, line 10, strike "(II)" and substitute "(b)".
36
37 Page 3, line 11, strike "(3)(b)(I)" and substitute "(4)(a)".
38
39 Page 3, line 18, strike "(4)" and substitute "(5)".
40
41 Page 3, line 23, strike "(3)(b)" and substitute "(4)(a)".
42
43 Page 3, line 32, strike "(4)(a)" and substitute "(5)(a)".
44
45 Page 3, line 36, strike "(5)" and substitute "(6)".
46
47 Page 3, line 39, strike "STUDENT LOAN BORROWERS" and substitute
48 "CURRENT OR FORMER STUDENTS".
49
50 Page 4, line 1, strike "(5)(a)" and substitute "(6)(a)".
51
52 Page 4, strike lines 6 through 8.
53
54 As amended, ordered engrossed and placed on the Calendar for Third
55 Reading and Final Passage.
1 ADOPTION OF COMMITTEE OF THE WHOLE REPORT
2
3 Passed Second Reading: HB22-1049, as amended.
4
5 The Chairman moved the adoption of the Committee of the Whole
6 Report. As shown by the following roll call vote, a majority of those
7 elected to the House voted in the affirmative, and the Report was
8 adopted.
9
10 YES 41 NO 23 EXCUSED 1 ABSENT
11 Amabile Y Exum Y Lynch N Sirota Y
12 Bacon Y Froelich Y McCluskie Y Snyder Y
13 Baisley N Geitner N McCormick Y Soper N
14 Benavidez Y Gonzales-Gutierrez Y McKean N Sullivan Y
15 Bernett Y Gray Y McLachlan Y Tipper Y
16 Bird Y Hanks N Michaelson Jenet Y Titone Y
17 Bockenfeld N Herod Y Mullica Y Valdez A. Y
18 Boesenecker Y Holtorf N Neville N Valdez D. Y
19 Bradfield N Hooton Y Ortiz Y Van Beber N
20 Caraveo Y Jodeh Y Pelton N Van Winkle N
21 Carver E Kennedy Y Pico N Weissman Y
22 Catlin N Kipp Y Ransom N Will N
23 Cutter Y Larson N Rich N Williams N
24 Daugherty Y Lindsay Y Ricks Y Woodrow Y
25 Duran Y Lontine Y Roberts Y Woog N
26 Esgar Y Luck N Sandridge N Young Y
27 Speaker Y
Senate Journal, March 18
After consideration on the merits, the Committee recommends that HB22-1049 be amended as
follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend reengrossed bill, page 2, after line 6 insert:
"(a) "ADMINISTRATOR" MEANS AN ADMINISTRATOR OF THE "UNIFORM
CONSUMER CREDIT CODE" DESIGNATED PURSUANT TO SECTION 5-6-103.".
Reletter succeeding paragraphs accordingly.
Page 3, strike lines 1 and 2.
Reletter succeeding paragraphs accordingly.
Page 3, strike lines 14 through 27 and substitute:
"(2) (a) A POSTSECONDARY INSTITUTION MAY REFUSE TO PROVIDE A
TRANSCRIPT OR DIPLOMA TO A CURRENT OR FORMER STUDENT ON THE GROUNDS
THAT THE STUDENT OWES A DEBT FOR TUITION, ROOM AND BOARD FEES, OR
FINANCIAL AID FUNDS.
(b) NOTWITHSTANDING SUBSECTION (2)(a) OF THIS SECTION, A
POSTSECONDARY INSTITUTION SHALL NOT REFUSE TO PROVIDE A TRANSCRIPT
OR DIPLOMA TO A CURRENT OR FORMER STUDENT:
(I) ON THE GROUNDS THAT THE STUDENT OWES A DEBT OTHER THAN A
DEBT FOR TUITION, ROOM AND BOARD FEES, OR FINANCIAL AID FUNDS; OR
(II) IF THE STUDENT CAN DEMONSTRATE THAT THE TRANSCRIPT OR
DIPLOMA IS NEEDED FOR ONE OF THE FOLLOWING EXEMPTIONS:
(A) A JOB APPLICATION;
(B) TRANSFERRING TO ANOTHER POSTSECONDARY INSTITUTION;
(C) APPLYING FOR STATE, FEDERAL, OR INSTITUTIONAL FINANCIAL AID;
(D) PURSUIT OF OPPORTUNITIES IN THE MILITARY OR NATIONAL GUARD;
OR
(E) PURSUIT OF OTHER POSTSECONDARY OPPORTUNITIES.
(c) SUBSECTION (2)(b)(II) OF THIS SECTION DOES NOT APPLY TO A
FOREIGN STUDENT, AS DEFINED IN SECTION 23-1-113.5.".
Page 4, strike lines 3 and 4 and substitute "(2)(b) OF THIS SECTION, THE
POSTSECONDARY INSTITUTION".
Page 4, lines 18 and 19, strike "STUDENT, OTHER THAN A FOREIGN STUDENT,"
and substitute "STUDENT".
Page 5, line 8, after "OMBUDSPERSON" insert "AND THE ADMINISTRATOR".
Page 6, line 7, strike "DIPLOMA AND" and substitute "DIPLOMA. THE STUDENT
LOAN OMBUDSPERSON AND THE ADMINISTRATOR".
Page 6, line 12, after "OMBUDSPERSON" insert "AND THE ADMINISTRATOR".
Page 6, after line 17 insert:
"SECTION 2. In Colorado Revised Statutes, 5-6-104, amend (1)(i);
and add (1)(k) as follows:
5-6-104. Powers of administrator - harmony with federal
regulations - reliance on rules. (1) In addition to other powers granted by this
code, the administrator, within the limitations provided by law, may:
(i) License and regulate collection agencies pursuant to article 16 of this
title 5; and
(k) RECEIVE AND ACT ON COMPLAINTS PURSUANT TO SECTION
23-5-113.5.".
Renumber succeeding section accordingly.