Text of CO SB 149 (2023)

First Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 23-0712.02 Jacob Baus x2173 SENATE BILL 23-149 Senate Committees House Committees Education A BILL FOR AN ACT CONCERNING THE CREATION OF A PROGRAM TO PROVIDE HIGHER 101 EDUCATION FINANCIAL ASSISTANCE TO STUDENTS WHO 102 PERFORM YOUTH MENTORSHIP. 103 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill creates the youth mentorship stipend pilot program in the department of higher education. The program provides money for higher education tuition and fees to students who provide mentorship services to an approved youth mentorship organization. SENATE SPONSORSHIP Coleman, HOUSE SPONSORSHIP (None), Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado: 1 SECTION 1. In Colorado Revised Statutes, add part 15 to article 2 3.3 of title 23 as follows: 3 PART 15 4 YOUTH MENTORSHIP STIPEND PILOT PROGRAM 5 23-3.3-1501. Youth mentorship stipend pilot program - 6 creation - policies - report. (1) THERE IS CREATED IN THE DEPARTMENT 7 THE YOUTH MENTORSHIP STIPEND PILOT PROGRAM, REFERRED TO IN THIS 8 SECTION AS THE "PROGRAM". THE PURPOSE OF THE PROGRAM IS TO AWARD 9 MONEY TO AN APPROVED YOUTH MENTORSHIP ORGANIZATION TO REDUCE 10 FINANCIAL BARRIERS FOR STUDENTS WHO PROVIDE MENTORSHIP SERVICES 11 TO THE ORGANIZATION BY PAYING MONEY TOWARD STUDENTS' HIGHER 12 EDUCATION TUITION AND FEES. 13 (2) (a) THERE IS CREATED IN THE DEPARTMENT THE YOUTH 14 MENTORSHIP STIPEND PILOT PROGRAM COMMITTEE, REFERRED TO IN THIS 15 SECTION AS THE "COMMITTEE". ON OR BEFORE NOVEMBER 1, 2023, THE 16 COMMITTEE SHALL SELECT THE APPROVED YOUTH MENTORSHIP 17 ORGANIZATIONS TO PARTICIPATE IN THE PROGRAM, AND ESTABLISH A 18 MAXIMUM CAP THAT AN ELIGIBLE STUDENT MAY EARN THROUGH 19 PROVIDING MENTORSHIP SERVICES. 20 (b) (I) THE COMMITTEE CONSISTS OF THE FOLLOWING MEMBERS, 21 APPOINTED ON OR BEFORE SEPTEMBER 1, 2023: 22 (A) ONE PERSON REPRESENTING THE DEPARTMENT OF HIGHER 23 EDUCATION, APPOINTED BY THE EXECUTIVE DIRECTOR; 24 (B) ONE PERSON REPRESENTING A LESBIAN, GAY, BISEXUAL, 25 TRANSGENDER, OR QUEER ADVOCACY ORGANIZATION, APPOINTED BY A 26 SB23-149 -2- STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS OF THE LESBIAN, 1 GAY, BISEXUAL, TRANSGENDER, OR QUEER YOUTH; 2 (C) ONE PERSON REPRESENTING AN ORGANIZATION ADVOCATING 3 FOR THE RIGHTS OF PEOPLE WITH DEVELOPMENTAL DISABILITIES, 4 APPOINTED BY A STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS 5 OF PEOPLE WITH DEVELOPMENTAL DISABILITIES; 6 (D) ONE PERSON REPRESENTING AN ORGANIZATION ADVOCATING 7 FOR THE RIGHTS OF PEOPLE OF COLOR, APPOINTED BY A STATEWIDE 8 ORGANIZATION ADVOCATING FOR THE RIGHTS OF PEOPLE OF COLOR; AND 9 (E) ONE PERSON REPRESENTING AN ORGANIZATION ADVOCATING 10 FOR THE RIGHTS OF PERSONS WITH MENTAL OR PHYSICAL DISABILITIES, 11 APPOINTED BY A STATEWIDE ORGANIZATION ADVOCATING FOR THE RIGHTS 12 OF PEOPLE WITH MENTAL OR PHYSICAL DISABILITIES. 13 (II) THE EXECUTIVE DIRECTOR SHALL CHOOSE THE ADVOCACY 14 ORGANIZATIONS WITH AUTHORITY TO APPOINT REPRESENTATIVES TO THE 15 COMMITTEE PURSUANT TO SUBSECTIONS (2)(b)(I)(B) TO (2)(b)(I)(E) OF 16 THIS SECTION. 17 (c) COMMITTEE MEMBERS SERVE WITHOUT COMPENSATION OR 18 REIMBURSEMENT FOR EXPENSES. 19 (3) TO BE AN APPROVED YOUTH MENTORSHIP ORGANIZATION, A 20 YOUTH MENTORSHIP ORGANIZATION SHALL: 21 (a) PROVIDE MENTORSHIP SERVICES TO YOUTH WHO RESIDE IN 22 COMMUNITIES THAT WERE HISTORICALLY AND ARE CURRENTLY 23 NEGATIVELY IMPACTED BY STRUCTURAL AND SYSTEMIC DESIGN, AND 24 CONSEQUENTLY HAVE NO OR LIMITED ACCESS TO QUALITY MENTORSHIP 25 SERVICES; 26 (b) APPLY TO THE COMMITTEE IN THE TIME AND MANNER 27 SB23-149 -3- REQUIRED BY THE COMMITTEE; 1 (c) (I) REQUIRE A FINGERPRINT-BASED CRIMINAL HISTORY 2 BACKGROUND RECORD CHECK OF ALL PROSPECTIVE ELIGIBLE STUDENTS, 3 VOLUNTEERS, AND EMPLOYEES. THE APPROVED YOUTH MENTORSHIP 4 ORGANIZATION SHALL REQUIRE THE PROSPECTIVE ELIGIBLE STUDENTS, 5 VOLUNTEERS, AND EMPLOYEES TO SUBMIT A COMPLETE SET OF 6 FINGERPRINTS TO THE YOUTH MENTORSHIP ORGANIZATION. THE YOUTH 7 MENTORSHIP ORGANIZATION SHALL SUBMIT THE FINGERPRINTS TO THE 8 COLORADO BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING 9 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS. THE COLORADO 10 BUREAU OF INVESTIGATION SHALL FORWARD THE FINGERPRINTS TO THE 11 FEDERAL BUREAU OF INVESTIGATION FOR THE PURPOSE OF CONDUCTING 12 FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECKS. WHEN THE 13 RESULTS OF A FINGERPRINT-BASED CRIMINAL HISTORY RECORD CHECK 14 PURSUANT TO THIS SUBSECTION (3)(c) REVEAL A RECORD OF ARREST 15 WITHOUT A DISPOSITION, THE YOUTH MENTORSHIP ORGANIZATION SHALL 16 REQUIRE THAT PERSON TO SUBMIT TO A NAME-BASED JUDICIAL RECORD 17 CHECK, AS DEFINED IN SECTION 22-2-119.3 (6)(d). 18 (II) THE YOUTH MENTORSHIP ORGANIZATION SHALL NOT PERMIT 19 PROSPECTIVE ELIGIBLE STUDENTS, VOLUNTEERS, OR EMPLOYEES TO SERVE 20 THE ORGANIZATION WHO HAVE BEEN CONVICTED OF, PLED NOLO 21 CONTENDERE TO, OR RECEIVED A DEFERRED SENTENCE FOR: 22 (A) A FELONY; 23 (B) A MISDEMEANOR CRIME INVOLVING UNLAWFUL SEXUAL 24 BEHAVIOR OR UNLAWFUL BEHAVIOR INVOLVING CHILDREN; OR 25 (C) A MISDEMEANOR CRIME, THE UNDERLYING FACTUAL BASIS OF 26 WHICH HAS BEEN FOUND BY THE COURT ON THE RECORD TO INVOLVE 27 SB23-149 -4- DOMESTIC VIOLENCE; 1 (d) DISTRIBUTE THE MONEY RECEIVED THROUGH THE PROGRAM TO 2 THE QUALIFIED INSTITUTIONS OF HIGHER EDUCATION THAT THE STUDENTS 3 WHO PROVIDE MENTORSHIP SERVICES ATTEND TO PAY MONEY TOWARD 4 TUITION AND FEES OF HIGHER EDUCATION FOR THE STUDENTS IN 5 EXCHANGE FOR THE MENTORSHIP SERVICES; 6 (e) RETURN ANY UNUSED MONEY RECEIVED THROUGH THE 7 PROGRAM TO THE PROGRAM; AND 8 (f) ON OR BEFORE NOVEMBER 1, 2024, AND ON OR BEFORE 9 NOVEMBER 1 EACH YEAR THEREAFTER, SUBMIT A REPORT TO THE 10 DEPARTMENT CONCERNING: 11 (I) A DESCRIPTION OF THE APPROVED YOUTH MENTORSHIP 12 ORGANIZATION, INCLUDING ITS LOCATION, THE SERVICES IT PROVIDES, 13 DEMOGRAPHIC INFORMATION OF THE MENTEES IT SERVES, AND SUMMARIES 14 OF THE PROGRAM'S IMPACT ON THE MENTEES SERVED; EXCEPT THAT ANY 15 SUMMARY MUST NOT DISCLOSE THE IDENTITY OF A MENTEE OR INCLUDE 16 PERSONAL INFORMATION THAT COULD DISCLOSE THE IDENTITY OF A 17 MENTEE; 18 (II) THE NUMBER OF STUDENTS WHO PROVIDED MENTORSHIP 19 SERVICES TO THE YOUTH MENTORSHIP ORGANIZATION DURING THE 20 PRECEDING STATE FISCAL YEAR, IN TOTAL AND DISAGGREGATED BY RACE, 21 ETHNICITY, GENDER IDENTITY, AND QUALIFIED INSTITUTION OF HIGHER 22 EDUCATION IN WHICH THE STUDENTS ARE ENROLLED; AND 23 (III) THE AMOUNT OF MONEY RECEIVED BY THE APPROVED YOUTH 24 MENTORSHIP ORGANIZATION FROM THE PROGRAM, IN TOTAL AND 25 DISAGGREGATED BY PAYMENTS TO INSTITUTIONS OF HIGHER EDUCATION, 26 AND ANY UNUSED AMOUNT PAID BACK TO THE PROGRAM. 27 SB23-149 -5- (4) TO BE AN ELIGIBLE STUDENT, THE STUDENT SHALL: 1 (a) APPLY TO THE APPROVED YOUTH MENTORSHIP ORGANIZATION, 2 IN THE TIME AND MANNER SPECIFIED BY THE COMMISSION; 3 (b) SATISFY ALL ELIGIBILITY REQUIREMENTS NECESSARY TO BE A 4 MENTOR THROUGH THE APPROVED YOUTH MENTORSHIP ORGANIZATION, 5 INCLUDING COMPLETING A BACKGROUND CHECK AS REQUIRED BY 6 SUBSECTION (3)(c) OF THIS SECTION; AND 7 (c) BE ENROLLED IN A QUALIFIED INSTITUTION OF HIGHER 8 EDUCATION FOR THE DURATION OF THE MENTORSHIP, AND MUST BE 9 CONSIDERED A SECOND YEAR STUDENT OR HIGHER AT THE QUALIFIED 10 INSTITUTION OF HIGHER EDUCATION FOR THE DURATION OF THE 11 MENTORSHIP. 12 (5) (a) THE COMMISSION SHALL ESTABLISH POLICIES THAT ENSURE 13 THAT PROGRAM MONEY IS USED FOR STIPENDS FOR APPROVED ELIGIBLE 14 STUDENTS' HIGHER EDUCATION TUITION AND FEES AND THAT ENSURE THAT 15 ELIGIBLE STUDENTS WHO PARTICIPATE IN THE PROGRAM PROVIDE 16 EVIDENCE OF PROGRAM COMPLIANCE TO EARN THE STIPEND; AND 17 (b) THE COMMISSION MAY ESTABLISH POLICIES NECESSARY FOR 18 THE ADMINISTRATION OF THE PROGRAM. 19 (6) FOR THE 2023-24 STATE FISCAL YEAR, THE GENERAL 20 ASSEMBLY SHALL APPROPRIATE ONE HUNDRED THOUSAND DOLLARS FROM 21 THE GENERAL FUND TO THE COMMISSION FOR USE BY THE COMMISSION FOR 22 THE PURPOSE OF THIS SECTION. ANY MONEY APPROPRIATED IN THIS 23 SECTION NOT EXPENDED PRIOR TO JULY 1, 2024, IS FURTHER 24 APPROPRIATED TO THE COMMISSION FOR USE BY THE COMMISSION FOR THE 25 2024-25 STATE FISCAL YEAR FOR THE SAME PURPOSE. 26 (7) (a) ON OR BEFORE JANUARY 1, 2024, AND BEFORE EACH SPRING 27 SB23-149 -6- AND FALL ACADEMIC TERM THEREAFTER, THE DEPARTMENT SHALL 1 DISBURSE AN EQUAL AMOUNT OF MONEY TO EACH APPROVED YOUTH 2 MENTORSHIP ORGANIZATION. 3 (b) AN APPROVED YOUTH MENTORSHIP ORGANIZATION SHALL 4 DISBURSE THE MONEY RECEIVED THROUGH THE PROGRAM TO THE 5 INSTITUTION OF HIGHER EDUCATION THAT A QUALIFIED ELIGIBLE STUDENT 6 WHO PROVIDES SERVICE TO THE MENTORSHIP ORGANIZATION IS ENROLLED 7 IN TO PAY MONEY TOWARD TUITION AND FEES OF HIGHER EDUCATION FOR 8 THE STUDENT IN EXCHANGE FOR THE SERVICE PROVIDED BY THE STUDENT. 9 THE AMOUNT DISBURSED PURSUANT TO THIS SUBSECTION (7)(b) MUST NOT 10 EXCEED THE CAP ESTABLISHED BY THE COMMITTEE PURSUANT TO 11 SUBSECTION (2)(a) OF THIS SECTION. 12 (c) ON OR BEFORE JUNE 30, 2024, AND ON OR BEFORE EACH JUNE 13 30 THEREAFTER, THE APPROVED YOUTH MENTORSHIP ORGANIZATIONS 14 SHALL RETURN ANY UNUSED MONEY RECEIVED THROUGH THE PROGRAM 15 DURING THE STATE FISCAL YEAR TO THE DEPARTMENT. 16 23-3.3-1502. Report. (1) ON OR BEFORE DECEMBER 31, 2024, 17 AND ON OR BEFORE DECEMBER 31 EACH YEAR THEREAFTER, THE 18 COMMISSION SHALL SUBMIT A REPORT TO THE EDUCATION COMMITTEES OF 19 THE SENATE AND HOUSE OF REPRESENTATIVES, OR ANY SUCCESSOR 20 COMMITTEES, CONCERNING THE PROGRAM FROM THE PRECEDING STATE 21 FISCAL YEAR. AT A MINIMUM, THE REPORT MUST INCLUDE INFORMATION 22 CONCERNING: 23 (a) THE INFORMATION PROVIDED BY THE APPROVED YOUTH 24 MENTORSHIP ORGANIZATIONS DESCRIBED IN SECTION 23-3.3-1501 (3)(f); 25 (b) IF AVAILABLE, THE NUMBER OF ELIGIBLE STUDENTS WHO 26 PARTICIPATED IN THE PROGRAM WHO CONTINUED ENROLLMENT IN THE 27 SB23-149 -7- QUALIFIED INSTITUTION OF HIGHER EDUCATION IN A SUBSEQUENT 1 ACADEMIC TERM, REPORTED FOR THE PROGRAM AS A WHOLE AND FOR 2 EACH INSTITUTION, IN TOTAL AND DISAGGREGATED BY RACE, ETHNICITY, 3 AND GENDER IDENTITY; AND 4 (c) IF AVAILABLE, THE NUMBER OF ELIGIBLE STUDENTS WHO 5 PARTICIPATED IN THE PROGRAM WHO GRADUATED FROM THE QUALIFIED 6 INSTITUTION OF HIGHER EDUCATION, REPORTED FOR THE PROGRAM AS A 7 WHOLE AND FOR EACH INSTITUTION, IN TOTAL AND DISAGGREGATED BY 8 RACE, ETHNICITY, AND GENDER IDENTITY. 9 23-3.3-1503. Definitions. AS USED IN THIS PART 15, UNLESS THE 10 CONTEXT OTHERWISE REQUIRES: 11 (1) "COMMISSION" MEANS THE COLORADO COMMISSION ON 12 HIGHER EDUCATION. 13 (2) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF 14 THE DEPARTMENT OF HIGHER EDUCATION. 15 (3) (a) "QUALIFIED INSTITUTION OF HIGHER EDUCATION" MEANS 16 A PUBLIC POSTSECONDARY INSTITUTION THAT IS GOVERNED BY: 17 (I) THE BOARD OF GOVERNORS OF THE COLORADO STATE 18 UNIVERSITY SYSTEM; 19 (II) THE BOARD OF REGENTS OF THE UNIVERSITY OF COLORADO; 20 (III) THE BOARD OF TRUSTEES OF THE COLORADO SCHOOL OF 21 MINES; 22 (IV) THE BOARD OF TRUSTEES OF THE UNIVERSITY OF NORTHERN 23 COLORADO; 24 (V) THE BOARD OF TRUSTEES OF ADAMS STATE UNIVERSITY; 25 (VI) THE BOARD OF TRUSTEES OF WESTERN COLORADO 26 UNIVERSITY; 27 SB23-149 -8- (VII) THE BOARD OF TRUSTEES OF COLORADO MESA UNIVERSITY; 1 (VIII) THE BOARD OF TRUSTEES FOR FORT LEWIS COLLEGE; 2 (IX) THE BOARD OF TRUSTEES FOR METROPOLITAN STATE 3 UNIVERSITY OF DENVER; OR 4 (X) THE STATE BOARD FOR COMMUNITY COLLEGES AND 5 OCCUPATIONAL EDUCATION. 6 (b) "QUALIFIED INSTITUTION OF HIGHER EDUCATION" INCLUDES A 7 LOCAL DISTRICT COLLEGE THAT IS PART OF A LOCAL COLLEGE DISTRICT 8 ORGANIZED PURSUANT TO ARTICLE 71 OF THIS TITLE 23. 9 (4) "YOUTH MENTORSHIP ORGANIZATION" MEANS A 10 COMMUNITY-BASED ORGANIZATION THAT PROVIDES MENTORSHIP 11 SERVICES TO YOUTH WHO RESIDE IN COMMUNITIES THAT WERE 12 HISTORICALLY AND ARE CURRENTLY NEGATIVELY IMPACTED BY 13 STRUCTURAL AND SYSTEMIC DESIGN, AND CONSEQUENTLY HAVE NO OR 14 LIMITED ACCESS TO QUALITY MENTORSHIP SERVICES. 15 23-3.3-1504. Repeal of part. THIS PART 15 IS REPEALED, 16 EFFECTIVE JULY 1, 2027. 17 SECTION 2. Act subject to petition - effective date. This act 18 takes effect at 12:01 a.m. on the day following the expiration of the 19 ninety-day period after final adjournment of the general assembly; except 20 that, if a referendum petition is filed pursuant to section 1 (3) of article V 21 of the state constitution against this act or an item, section, or part of this 22 act within such period, then the act, item, section, or part will not take 23 effect unless approved by the people at the general election to be held in 24 November 2024 and, in such case, will take effect on the date of the 25 official declaration of the vote thereon by the governor. 26 SB23-149 -9-

SENATE BILL 23-149 BY SENATOR(S) Coleman and Exum, Bridges, Buckner, Cutter, Fields, Ginal, Gonzales, Hansen, Jaquez Lewis, Kolker, Marchman, Moreno, Priola, Sullivan, Winter F., Fenberg; also REPRESENTATIVE(S) Bacon, Amabile, Bird, Boesenecker, Brown, deGruy Kennedy, English, Epps, Froelich, Garcia, Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Lieder, Lindsay, Lindstedt, Lukens, Mabrey, McLachlan, Michaelson Jenet, Ortiz, Ricks, Sharbini, Sirota, Snyder, Story, Titone, Valdez, Velasco, Weissman, Willford, Young, McCluskie. CONCERNING THE CREATION OF A PROGRAM TO PROVIDE HIGHER EDUCATION FINANCIAL ASSISTANCE TO STUDENTS WHO PERFORM YOUTH MENTORSHIP, 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 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 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. 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. 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; AND (IV) A YOUTH MENTORSHIP ORGANIZATION FOR YOUTH WHO ARE JUSTICE INVOLVED. (b) TO THE EXTENT POSSIBLE, SELECT APPROVED YOUTH MENTORSHIP ORGANIZATIONS TO PARTICIPATE IN THE PROGRAM THAT SERVE YOUTH WHO RESIDE IN RURAL AND URBAN AREAS OF THE STATE; (c) ESTABLISH A MAXIMUM CAP, OR VARIOUS MAXIMUM CAPS, ON THE AMOUNT THAT ELIGIBLE STUDENT-MENTORS MAY EARN THROUGH PROVIDING MENTORSHIP SERVICES; AND (d) 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) APPLY TO THE BOARD IN THE TIME AND MANNER REQUIRED BY PAGE 2-SENATE BILL 23-149 THE BOARD; AND (b) (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 CRIME INVOLVING UNLAWFUL SEXUAL BEHAVIOR OR UNLAWFUL BEHAVIOR INVOLVING CHILDREN; (B) A FELONY CRIME, THE UNDERLYING FACTUAL BASIS OF WHICH HAS BEEN FOUND BY THE COURT ON THE RECORD TO INVOLVE DOMESTIC VIOLENCE; (C) A MISDEMEANOR CRIME INVOLVING UNLAWFUL SEXUAL BEHAVIOR OR UNLAWFUL BEHAVIOR INVOLVING CHILDREN; OR (D) 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)(b) OF THIS SECTION; AND (c) BE ENROLLED IN A QUALIFIED PUBLIC INSTITUTION OF HIGHER PAGE 3-SENATE BILL 23-149 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 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. 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) 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 PAGE 4-SENATE BILL 23-149 MENTORSHIP SERVICES PROVIDED BY THE ELIGIBLE STUDENT-MENTOR. THE AMOUNT DISBURSED PURSUANT TO THIS SUBSECTION (7)(b) MUST NOT EXCEED THE APPLICABLE CAP ESTABLISHED BY THE BOARD PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION. (c) 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 PAGE 5-SENATE BILL 23-149 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. 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. PAGE 6-SENATE BILL 23-149 SECTION 3. 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. ____________________________ ____________________________ 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 7-SENATE BILL 23-149