Amendments for SB23-149
Senate Journal, March 2
After consideration on the merits, the Committee recommends that SB23-149 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, strike everything below the enacting clause and substitute:
"SECTION 1. In Colorado Revised Statutes, add 23-3.3-1010 as
follows:
23-3.3-1010. Youth mentorship assistance grant pilot program -
creation - policies - reports - definitions - repeal. (1) THERE IS CREATED IN
THE INITIATIVE THE YOUTH MENTORSHIP ASSISTANCE GRANT PILOT PROGRAM.
THE PURPOSE OF THE PROGRAM IS TO PROVIDE FINANCIAL ASSISTANCE TO A
STUDENT WHO PROVIDES MENTORSHIP SERVICES TO DEFRAY THE COST OF THE
STUDENT'S ATTENDANCE AT A PUBLIC INSTITUTION OF HIGHER EDUCATION.
(2) THE BOARD SHALL:
(a) SELECT APPROVED YOUTH MENTORSHIP ORGANIZATIONS TO
PARTICIPATE IN THE PROGRAM;
(b) ESTABLISH A MAXIMUM CAP, OR VARIOUS MAXIMUM CAPS, ON THE
AMOUNT THAT ELIGIBLE STUDENT-MENTORS MAY EARN THROUGH PROVIDING
MENTORSHIP SERVICES; AND
(c) ESTABLISH PRIORITY CONSIDERATION FOR ELIGIBLE
STUDENT-MENTORS WHO DEMONSTRATE THE GREATEST FINANCIAL ASSISTANCE
NEEDS.
(3) TO BE AN APPROVED YOUTH MENTORSHIP ORGANIZATION, A YOUTH
MENTORSHIP ORGANIZATION SHALL:
(a) PROVIDE MENTORSHIP SERVICES TO YOUTH WHO RESIDE IN
COMMUNITIES THAT WERE HISTORICALLY AND ARE CURRENTLY NEGATIVELY
IMPACTED BY STRUCTURAL AND SYSTEMIC DESIGN, AND CONSEQUENTLY HAVE
NO OR LIMITED ACCESS TO QUALITY MENTORSHIP SERVICES;
(b) APPLY TO THE BOARD IN THE TIME AND MANNER REQUIRED BY THE
BOARD; AND
(c) (I) HAVE A POLICY AND PROCEDURE REQUIRING A STATE AND
NATIONAL FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK UTILIZING
THE RECORDS OF THE COLORADO BUREAU OF INVESTIGATION AND THE FEDERAL
BUREAU OF INVESTIGATION OF ALL PROSPECTIVE ELIGIBLE STUDENT-MENTORS,
VOLUNTEERS, AND EMPLOYEES.
(II) THE YOUTH MENTORSHIP ORGANIZATION SHALL NOT PERMIT
PROSPECTIVE ELIGIBLE STUDENT-MENTORS, VOLUNTEERS, OR EMPLOYEES TO
SERVE THE ORGANIZATION IF THEY HAVE BEEN CONVICTED OF, ENTERED A PLEA
OF GUILTY OR NOLO CONTENDERE TO, OR RECEIVED A DEFERRED SENTENCE FOR:
(A) A FELONY;
(B) A MISDEMEANOR CRIME INVOLVING UNLAWFUL SEXUAL BEHAVIOR
OR UNLAWFUL BEHAVIOR INVOLVING CHILDREN; OR
(C) A MISDEMEANOR CRIME, THE UNDERLYING FACTUAL BASIS OF
WHICH HAS BEEN FOUND BY THE COURT ON THE RECORD TO INVOLVE DOMESTIC
VIOLENCE.
(4) TO BE AN ELIGIBLE STUDENT-MENTOR, THE STUDENT SHALL:
(a) APPLY TO THE APPROVED YOUTH MENTORSHIP ORGANIZATION IN
THE TIME AND MANNER SPECIFIED BY THE BOARD;
(b) SATISFY ALL ELIGIBILITY REQUIREMENTS NECESSARY TO BE A
STUDENT-MENTOR THROUGH THE APPROVED YOUTH MENTORSHIP
ORGANIZATION, INCLUDING COMPLETING THE FINGERPRINT-BASED CRIMINAL
HISTORY RECORD CHECK AS REQUIRED BY SUBSECTION (3)(c) OF THIS SECTION;
AND
(c) BE ENROLLED IN A QUALIFIED PUBLIC INSTITUTION OF HIGHER
EDUCATION FOR THE DURATION OF THE MENTORSHIP.
(5) (a) THE BOARD SHALL ESTABLISH POLICIES THAT ENSURE THAT
PROGRAM MONEY IS USED FOR APPROVED ELIGIBLE STUDENT-MENTORS' HIGHER
EDUCATION COST OF ATTENDANCE AND THAT ELIGIBLE STUDENT-MENTORS WHO
PARTICIPATE IN THE PROGRAM PROVIDE EVIDENCE OF PROGRAM COMPLIANCE
TO EARN THE FINANCIAL ASSISTANCE FOR COST OF ATTENDANCE. THE BOARD
SHALL ESTABLISH POLICIES FOR THE REPAYMENT OF ANY FINANCIAL ASSISTANCE
APPLIED TOWARD THE COST OF ATTENDANCE FOR THE ELIGIBLE STUDENT-
MENTOR THAT THE ELIGIBLE STUDENT-MENTOR DID NOT EARN.
(b) THE BOARD MAY ESTABLISH POLICIES NECESSARY FOR THE
ADMINISTRATION OF THE PROGRAM, INCLUDING THE DATES FOR DISBURSEMENTS
TO APPROVED YOUTH MENTORSHIP ORGANIZATIONS AND ELIGIBLE
STUDENT-MENTORS' PUBLIC INSTITUTIONS OF HIGHER EDUCATION.
(6) FOR THE 2023-24 STATE FISCAL YEAR, THE GENERAL ASSEMBLY
SHALL APPROPRIATE ONE HUNDRED THOUSAND DOLLARS FROM THE GENERAL
FUND TO THE DEPARTMENT FOR USE BY THE COMMISSION FOR THE PURPOSE OF
THIS SECTION. ANY MONEY APPROPRIATED PURSUANT TO THIS SECTION NOT
EXPENDED PRIOR TO JULY 1, 2024, IS FURTHER APPROPRIATED TO THE
DEPARTMENT FOR USE BY THE BOARD FOR THE 2024-25 AND 2025-26 STATE
FISCAL YEARS FOR THE SAME PURPOSE.
(7) (a) ON OR BEFORE JANUARY 1, 2024, THE BOARD SHALL MAKE ITS
FIRST DISBURSEMENT TO APPROVED YOUTH MENTORSHIP ORGANIZATIONS.
(b) THE BOARD SHALL DISBURSE AN EQUAL AMOUNT OF MONEY TO
EACH APPROVED YOUTH MENTORSHIP ORGANIZATION.
(c) AN APPROVED YOUTH MENTORSHIP ORGANIZATION SHALL DISBURSE
THE MONEY RECEIVED THROUGH THE PROGRAM TO THE QUALIFIED PUBLIC
INSTITUTION OF HIGHER EDUCATION IN WHICH AN ELIGIBLE STUDENT-MENTOR
WHO PROVIDES SERVICE TO THE YOUTH MENTORSHIP ORGANIZATION IS
ENROLLED, TO BE APPLIED TOWARD THE COST OF ATTENDANCE FOR THE
ELIGIBLE STUDENT-MENTOR IN EXCHANGE FOR THE MENTORSHIP SERVICES
PROVIDED BY THE ELIGIBLE STUDENT-MENTOR. THE AMOUNT DISBURSED
PURSUANT TO THIS SUBSECTION (7)(c) MUST NOT EXCEED THE APPLICABLE CAP
ESTABLISHED BY THE BOARD PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION.
(d) AT THE END OF THE GRANT TERM, THE APPROVED YOUTH
MENTORSHIP ORGANIZATIONS SHALL RETURN ANY UNUSED MONEY RECEIVED
THROUGH THE PROGRAM TO THE DEPARTMENT.
(8) (a) AN APPROVED YOUTH MENTORSHIP ORGANIZATION SHALL
SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT THAT INCLUDES:
(I) A DESCRIPTION OF THE APPROVED YOUTH MENTORSHIP
ORGANIZATION, INCLUDING ITS LOCATION, THE SERVICES IT PROVIDES,
DEMOGRAPHIC INFORMATION OF THE MENTEES IT SERVES, AND SUMMARIES OF
THE PROGRAM'S IMPACT ON THE MENTEES SERVED; EXCEPT THAT ANY SUMMARY
MUST NOT DISCLOSE THE IDENTITY OF A MENTEE OR INCLUDE PERSONAL
INFORMATION THAT COULD DISCLOSE THE IDENTITY OF A MENTEE;
(II) THE NUMBER OF ELIGIBLE-STUDENT MENTORS WHO PROVIDED
MENTORSHIP SERVICES TO THE APPROVED YOUTH MENTORSHIP ORGANIZATION
DURING THE PRECEDING STATE FISCAL YEAR, IN TOTAL AND DISAGGREGATED BY
RACE, ETHNICITY, GENDER IDENTITY, AND THE QUALIFIED PUBLIC INSTITUTION
OF HIGHER EDUCATION IN WHICH THE ELIGIBLE-STUDENT MENTORS ARE
ENROLLED; AND
(III) THE AMOUNT OF MONEY RECEIVED BY THE APPROVED YOUTH
MENTORSHIP ORGANIZATION FROM THE PROGRAM, IN TOTAL AND
DISAGGREGATED BY PAYMENTS TO PUBLIC INSTITUTIONS OF HIGHER
EDUCATION.
(b) ON OR BEFORE DECEMBER 1, 2024, AND ON OR BEFORE DECEMBER
1 EACH YEAR THEREAFTER, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE
EDUCATION COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES, OR
ANY SUCCESSOR COMMITTEES, CONCERNING THE PROGRAM IN THE PRECEDING
STATE FISCAL YEAR. AT A MINIMUM, THE REPORT MUST INCLUDE INFORMATION
CONCERNING:
(I) THE INFORMATION PROVIDED BY THE APPROVED YOUTH MENTORSHIP
ORGANIZATIONS DESCRIBED IN SUBSECTION (8)(a) OF THIS SECTION;
(II) IF AVAILABLE, THE NUMBER OF ELIGIBLE-STUDENT MENTORS WHO
PARTICIPATED IN THE PROGRAM WHO CONTINUED ENROLLMENT IN THE
QUALIFIED PUBLIC INSTITUTION OF HIGHER EDUCATION IN A SUBSEQUENT
ACADEMIC TERM, REPORTED FOR THE PROGRAM AS A WHOLE AND FOR EACH
INSTITUTION, IN TOTAL AND DISAGGREGATED BY RACE, ETHNICITY, AND GENDER
IDENTITY; AND
(III) IF AVAILABLE, THE NUMBER OF ELIGIBLE-STUDENT MENTORS WHO
PARTICIPATED IN THE PROGRAM WHO GRADUATED FROM THE QUALIFIED PUBLIC
INSTITUTION OF HIGHER EDUCATION, REPORTED FOR THE PROGRAM AS A WHOLE
AND FOR EACH INSTITUTION, IN TOTAL AND DISAGGREGATED BY RACE,
ETHNICITY, AND GENDER IDENTITY.
(9) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) "PROGRAM" MEANS THE YOUTH MENTORSHIP ASSISTANCE GRANT
PILOT PROGRAM CREATED IN SUBSECTION (1) OF THIS SECTION.
(b) "PUBLIC INSTITUTION OF HIGHER EDUCATION" MEANS A STATE
INSTITUTION OF HIGHER EDUCATION IDENTIFIED IN SECTION 23-18-102 (10)(a),
A LOCAL DISTRICT COLLEGE, OR AN AREA TECHNICAL COLLEGE.
(c) "YOUTH MENTORSHIP ORGANIZATION" MEANS A COMMUNITY-BASED
ORGANIZATION THAT PROVIDES MENTORSHIP SERVICES TO YOUTH WHO RESIDE
IN COMMUNITIES THAT WERE HISTORICALLY AND ARE CURRENTLY NEGATIVELY
IMPACTED BY STRUCTURAL AND SYSTEMIC DESIGN, AND CONSEQUENTLY HAVE
NO OR LIMITED ACCESS TO QUALITY MENTORSHIP SERVICES.
(10) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.
SECTION 2. 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 November 2024 and, in such case, will take
effect on the date of the official declaration of the vote thereon by the
governor.".
Senate Journal, March 17
After consideration on the merits, the Committee recommends that SB23-149 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Education Committee Report, dated March 1, 2023, page 1, strike
lines 13 and 14 and substitute:
"(a) SELECT APPROVED YOUTH MENTORSHIP ORGANIZATIONS TO
PARTICIPATE IN THE PROGRAM. THE BOARD SHALL SELECT ONE APPROVED
YOUTH MENTORSHIP ORGANIZATION FROM EACH OF THE FOLLOWING TYPES OF
ORGANIZATIONS:
(I) A YOUTH MENTORSHIP ORGANIZATION FOR YOUTH WHO ARE
LESBIAN, GAY, BISEXUAL, TRANSGENDER, OR QUEER;
(II) A YOUTH MENTORSHIP ORGANIZATION FOR YOUTH WHO HAVE A
PHYSICAL, MENTAL, OR DEVELOPMENTAL DISABILITY;
(III) A YOUTH MENTORSHIP ORGANIZATION FOR YOUTH OF COLOR;
(IV) A YOUTH MENTORSHIP ORGANIZATION FOR YOUTH WHO ARE
JUSTICE INVOLVED;
(V) A YOUTH MENTORSHIP ORGANIZATION FOR YOUTH WHO RESIDE IN
A RURAL AREA OF THE STATE; AND
(VI) A YOUTH MENTORSHIP ORGANIZATION FOR YOUTH WHO RESIDE IN
AN URBAN AREA OF THE STATE.".
Page 1, strike lines 23 through 27.
Reletter succeeding paragraphs accordingly.
Page 2, line 24, strike "(3)(c)" and substitute "(3)(b)".
Page 3, lines 1 and 2, strike "COMMISSION FOR THE PURPOSE OF THIS SECTION."
and substitute "BOARD FOR SCHOLARSHIPS AWARDED PURSUANT TO THIS
SECTION. NOTHING IN THIS SECTION AUTHORIZES THE DEPARTMENT OR BOARD
TO USE THE APPROPRIATION FOR ADMINISTRATIVE COSTS ASSOCIATED WITH
IMPLEMENTING OR ADMINISTERING THE PROGRAM, OR THE APPROVED YOUTH
MENTORSHIP ORGANIZATION TO USE THE MONEY RECEIVED THROUGH THE
PROGRAM FOR ADMINISTRATIVE COSTS ASSOCIATED WITH IMPLEMENTING OR
ADMINISTERING THE PROGRAM.".
Page 3, strike lines 9 and 10.
Reletter succeeding paragraphs accordingly.
Page 3, line 19, strike "(7)(c)" and substitute "(7)(b)".
Page 4, after line 33 insert:
"SECTION 2. Appropriation. For the 2023-24 state fiscal year,
$100,000 is appropriated to the department of higher education for use by the
Colorado opportunity scholarship board. This appropriation is from the general
fund. To implement this act, the board may use this appropriation for the youth
mentorship stipend pilot program.".
Renumber succeeding section accordingly.
Amend printed bill, page 1, line 103, strike "MENTORSHIP." and substitute
"MENTORSHIP, AND, IN CONNECTION THEREWITH, MAKING AN
APPROPRIATION.".
House Journal, April 21
28 Amendment No. 1, by Representative Bacon:
29
30 Amend reengrossed bill, page 2, line 20, after "COLOR;" add "AND".
31
32 Page 2, line 22, strike "INVOLVED;" and substitute "INVOLVED.".
33
34 Page 2, strike lines 23 through 25 and substitute:
35
36 "(b) TO THE EXTENT POSSIBLE, SELECT APPROVED YOUTH
37 MENTORSHIP ORGANIZATIONS TO PARTICIPATE IN THE PROGRAM THAT
38 SERVE YOUTH WHO RESIDE IN RURAL AND URBAN AREAS OF THE STATE;".
39
40 Page 3, strike line 1.
41
42 Reletter succeeding paragraphs accordingly.
43
44 Page 3, strike line 22 and substitute:
45
46 "(A) A FELONY CRIME INVOLVING UNLAWFUL SEXUAL BEHAVIOR
47 OR UNLAWFUL BEHAVIOR INVOLVING CHILDREN;
48 (B) A FELONY CRIME, THE UNDERLYING FACTUAL BASIS OF WHICH
49 HAS BEEN FOUND BY THE COURT ON THE RECORD TO INVOLVE DOMESTIC
50 VIOLENCE;".
51
52 Reletter succeeding sub-subparagraphs accordingly.
53
54 Page 5, line 24, strike "(2)(b)" and substitute "(2)(c)".
55
56
1 As amended, ordered revised and placed on the Calendar for Third
2 Reading and Final Passage.
3