Digest of Bills - 1996

EDUCATION ­ UNIVERSITIES AND COLLEGES

S.B. 96-9 Colorado commission on higher education - admission standards for institutions of higher education. Requires the Colorado commission on higher education, in establishing admission standards for first-time admitted freshmen and transfer students, to consider academic performance indicators, including but not limited to grade point average, class rank, and content standard assessments, for all students, and national assessment test scores for entering freshmen. Former law required consideration of grade point average and, for entering freshmen, class rank and standardized test scores.

APPROVED by Governor April 8, 1996        
EFFECTIVE July 1, 1996

S.B. 96-23 Institutions of higher education - members of the national guard - tuition assistance. Specifies that the minimum percentage of tuition the department of military affairs shall pay for tuition assistance for a member of the national guard shall be 50% of tuition costs. Limits the length of time a member can receive tuition assistance to 8 years. States that, in order to qualify for tuition assistance, a member of the national guard may not be drawing tuition from any other tuition assistance program funded by a private employer and may not be a recipient of a full scholarship for tuition and fees to any designated institution. Encourages the department of military affairs to consider providing tuition assistance to first-term enlisted members. Expands the definition of "designated institution of higher education" to include all schools of the university of Colorado.

APPROVED by Governor April 17, 1996        
EFFECTIVE April 17, 1996

S.B. 96-24 Enterprise auxiliary facilities - internal revenues - student fees for repayment of bonds - audit. Allows an institution of higher education to pledge only those internal revenues that meet specified criteria for the repayment of bonds issued on behalf of enterprise auxiliary facilities. Defines "internal revenues" as revenues received for goods and services provided to the institution of higher education.

        Deletes certain auxiliary facilities from the list of auxiliary facilities that are designated as enterprises. Adds the Lowry enterprise to the list of auxiliary facilities designated as enterprises by the Colorado community college and occupational education system.

        Requires the Colorado commission on higher education ("CCHE") to adopt student fee policies concerning fees assessed for the repayment of bonds, including:

        Instructs the CCHE to audit collections of student fees and submit the audit results to the state auditor and specified members of the general assembly. Specifies the issues to be addressed in the audit.

        Authorizes the university of Colorado board of regents to pledge revenues from enterprise auxiliary facilities for the repayment of bonds secured by the university of Colorado research building revolving fund. Also authorizes the university to pledge the research building revolving fund, and user revenues accruing to the fund, for the repayment of bonds issued on behalf of enterprise auxiliary facilities.

VETOED by Governor June 6, 1996

S.B. 96-172 Student obligation bond authority - Colorado postsecondary education expense program - creation.         Creates the Colorado postsecondary education expense program under the administration of the Colorado student obligation bond authority through which all or part of the cost of in-state tuition, or other costs approved by the authority, may be paid or accumulated in advance of enrollment in state institutions of higher education and such other institutions of higher education and graduate schools as may be approved by the authority. Authorizes the authority to establish a prepaid expense program, a savings program, or both.

        Creates the Colorado prepaid postsecondary education expense trust fund and the Colorado postsecondary education expense savings trust fund. Authorizes the disposition by the authority of prepaid expense trust fund or savings trust fund assets in the event that a trust fund is not actuarially sound. Authorizes reimbursement of expenditures incurred in developing and administering the education expense program from the prepaid expense and the savings trust funds. Establishes requirements for advance payment contracts in connection with any prepaid expense program and for savings contracts in connection with any savings program. Provides that execution of an advance payment contract or a savings contract does not establish residency and is not a promise or guarantee of admission to, continued enrollment at, or graduation from any state institution or other institution of higher education.

        Provides for additional powers of the authority. Requires an annual financial analysis of the actuarial soundness of the prepaid expense trust fund and the savings trust fund. Requires the board of directors of the authority to adopt and publish policies and procedures setting forth the specific terms of any education expense program.

        Requires the authority to conduct a feasibility study of a prepaid expense program and a savings program and to report to the general assembly regarding the findings of such a study. Authorizes the authority to invest moneys in the prepaid expense and savings trust funds in certain investments. Exempts moneys in the trust funds from creditors' claims.

APPROVED by Governor April 22, 1996        
EFFECTIVE April 22, 1996

S.B. 96-179 Institutions of higher education - olympic athletes - resident student counts. Allows students who are olympic athletes and who are classified as in-state students to be counted as resident students for any purpose other than state financial aid. Authorizes institutions of higher education that are not located in El Paso or Pueblo county to classify olympic athletes who otherwise would not be classified as in-state students as in-state students for purposes of tuition.

APPROVED by Governor May 23, 1996        
EFFECTIVE July 1, 1996

S.B. 96-206 Student fee policies - high school achievement award - merit-based scholarship. Requires the Colorado commission on higher education to adopt separate fee policies for student fees relating to:

        Specifies when new fees and fee increases must be approved by an affirmative vote of the student body at a regularly scheduled election and when such fees and increases must contain an expiration date. Requires all student fees to be separately itemized on the student's billing statement and optional fees to be refunded upon request at any time during the semester that the fee was paid.

        For student fees relating to the repayment of bonds or other obligations:

        Establishes the Colorado high school achievement award program that grants a $1,000-per-year grant for all persons who graduate after January 1, 1996, from a Colorado public high school in the top 10% of their class and attend an in-state institution of higher education. Specifies additional requirements and that the grants come from the current appropriation for merit-based grants.

Requires the state auditor to audit the program every other year.

VETOED by Governor June 6, 1996

S.B. 96-215 Athlete agents - agent contracts - penalties. Recognizes that certain practices by athlete agents who solicit representation of student athletes may cause significant harm to student athletes and to the institutions for which they play and should, therefore, be subject to statutory requirements. Defines "institution" to include state-supported and nonpublic institutions of higher education.

        Except as specifically allowed, prohibits athlete agents from:

        Requires the student athlete to notify the institution and provide a copy of the signed contract within 72 hours after signing, or, if the student athlete signs the contract prior to enrollment, within 72 hours after enrollment. Allows the student athlete to rescind the contract within 15 business days after signing. Requires the student athlete to provide notice to the institution of any rescission. Prohibits waiver of the right to rescind. Allows the student athlete to rescind an agent contract at any time if the agent contract does not contain specific warnings.

        Allows an athlete agent to send written materials to a student athlete so long as copies of the materials are also sent to the institution. Allows the athlete agent to have contact with a student athlete so long as the contact is only for providing information.

        Authorizes each institution that participates in intercollegiate athletics to sponsor on-campus athletic interviews. Allows the institution, or the governing board for the institution, to adopt rules concerning time, place, and manner restrictions for the interviews. Instructs each institution to appoint a compliance coordinator to oversee compliance with the provisions of the article and to organize any on-campus athletic interviews.

        Allows a student athlete to void any contract that violates any of the limitations on athlete agents. If a student athlete voids an agent contract, prohibits the athlete agent from recovering any consideration paid as an inducement to enter the agent contract. Authorizes the attorney general or a district attorney to bring an action against any individual, other than a student, who violates certain of the limitations to obtain a temporary restraining order, preliminary injunction, or permanent injunction and for imposition of a civil penalty of up to $10,000. Requires any action be brought within 4 years after the occurrence of a violation.

        Allows an institution to sue any individual, other than the student athlete, for damages for the violation of certain of the limitations on athlete agents. Specifies what constitutes damages and the relief to which the institution may be entitled.

APPROVED by Governor June 1, 1996        
EFFECTIVE July 1, 1996

S.B. 96-226 Northeastern junior college - approval of plan of dissolution of district - acceptance into state system - appropriation estimate. Approves the plan of dissolution of the Northeastern junior college district. Contingent on passage of the plan at a special election and appropriation of funds for Northeastern junior college, approves entry of Northeastern junior college into the state system of community and technical colleges. Specifies the ballot question for the special election on approval of the plan. Establishes the effective date of the appropriation as the date that Northeastern junior college will join the state system of community and technical colleges if the plan is approved by the district electors. Establishes the date of dissolution of the district 3 years after the date that Northeastern junior college enters the state system of community and technical colleges. Allows the Northeastern junior college district to continue collecting property taxes until that date. Limits the mill levy to the amount of the levy in the tax year that the plan is approved or less. Requires the district to use property tax moneys to establish an endowment fund to assist residents of the district in defraying any tuition increases that result from joining the state system of community and technical colleges and to build a new physical education and events center on the Northeastern junior college campus.

        Estimates the act will require future appropriations in the amount of $3,600,000 annually.

APPROVED by Governor May 23, 1996        
EFFECTIVE May 23, 1996

H.B. 96-1035 National guard - tuition assistance - definition of "designated institution of higher education". For purposes of tuition assistance to members of the national guard, expands the definition of "designated institution of higher education" to include the entire university of Colorado health sciences center.

APPROVED by Governor February 22, 1996        
EFFECTIVE See Note

NOTE: This act was passed without a safety clause. It will take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly unless a referendum petition is filed pursuant to section 1 (3) of the state constitution. In that event, the act will take effect on the date of the official proclamation of the governor, if it is approved by the voters at the 1996 election.

H.B. 96-1083 Institutions of higher education - classification of students as in-state students. Changes the definitions of "minor" and "qualified person", as used in determining domicile for tuition purposes, by raising the age from 21 to 22 years of age.

        Provides that an unemancipated minor whose parent or legal guardian was domiciled in Colorado for at least the 4 immediately preceding years and whose parent or legal guardian moves from the state shall be classified as an in-state student if:

        Authorizes the commission on higher education to designate nonimmigrant classifications under which a foreign national shall be eligible for classification as an in-state student, if the primary purpose of the foreign national's residence is other than for his or her education or the education of a family member.

APPROVED by Governor May 22, 1996        
EFFECTIVE May 22, 1996

H.B. 96-1088 Higher education finance - five policy areas. Establishes the following 5 policy areas as the areas under which state-supported institutions of higher education may receive additional appropriations for the 1996-97 and 1997-98 fiscal years:

        Instructs the Colorado commission on higher education (CCHE) to create distribution formulas and grant programs that will reward institutions' demonstrated performance in achieving the state goals.

        Instructs CCHE to consider the local district colleges and area vocational schools in distributing any moneys appropriated to the policy areas.

        Specifies the state goals that are applicable to each policy area.

        Beginning with the 1996-97 fiscal year, specifies that any moneys received under any of the policy areas except technology shall be included in the governing board's base funding for future fiscal years. Provides that any moneys received under the technology area that are not used for ongoing expenses shall not be included in the governing board's base funding, unless otherwise recommended by CCHE.

APPROVED by Governor March 20, 1996        
EFFECTIVE March 20, 1996

H.B. 96-1153 Financial allotments requested by appropriation - combined spending authority. Directs institutions of higher education to submit quarterly allotments of their appropriations for the ensuing fiscal year for each governing board appropriation, rather than by separate agency number.

        Combines the annual spending authority of the governing boards of institutions of higher education for cash funds and cash funds received as tuition income into a single amount.

        Repeals the higher education accountability program if House Bill 96-1219 does not become law.

APPROVED by Governor May 23, 1996        
EFFECTIVE May 23, 1996

H.B. 96-1219 Institutions of higher education - quality assurance - statewide goals - quality indicator system - consumer guide - funding incentives. Creates the "Higher Education Quality Assurance Act". Identifies the Colorado commission on higher education (CCHE), the governor, the speaker of the house of representatives, the president of the senate, the majority and minority leaders of the house of representatives and the senate, the chairpersons of the education committees for the house of representatives and the senate, and the joint budget committee as the group to which CCHE reports under the act.

        Establishes the following statewide expectations and goals for higher education:

        Instructs CCHE and the governing boards to ensure that the expectations for each institution are in accordance with the institution's role and mission. Requires CCHE, the governing boards, and the state institutions of higher education to adopt policies and procedures and to achieve or make significant progress toward achieving the statewide expectations and goals by fall semester 1999. Requires CCHE to annually review the statewide expectations and goals and recommend any appropriate changes. Instructs CCHE and the governing boards to consider the appropriate balance of duties for the faculty at each institution of higher education.

        Instructs CCHE and the governing boards to develop a quality indicator system to obtain information for measuring, on systemwide and institutional levels, institutional performance, student satisfaction and success, employer satisfaction, and systemwide performance. Allows CCHE and the governing boards to gather the necessary information from the institutions and from students, graduates, and employers either by request or through development and implementation of surveys. Requires CCHE to submit an annual report of the information obtained through the quality indicator system to the governor and specified members of the general assembly. Specifies that the governing boards and institutions are expected to use the information provided through the quality indicator system to improve the quality of higher education. Requires CCHE and the governing boards to report annually to the education committees of the senate and the house of representatives concerning actions being taken in response to information received through the quality indicator system.

        Directs CCHE to publish an annual consumer guide to state institutions of higher education for students and their families using the information obtained from the quality indicator system. Instructs CCHE to provide copies of the guide to the public upon request, to disseminate copies to all public libraries and secondary schools in the state, and to make the guide available on-line. Authorizes CCHE to charge a fee to offset the costs of producing the consumer guide. Allows CCHE to include in the consumer guide information concerning private and proprietary institutions to the extent the institutions provide similar and accurate information. Authorizes CCHE to contract with a private or public entity for preparation and publication of the consumer guide.

        Allows CCHE to recommend to the joint budget committee that a governing board be required to set aside a specified percentage of its general fund appropriation for use in improving its performance in a specific area. Allows CCHE to recommend to the JBC that a governing board or institution receive additional appropriations as a reward for outstanding achievement of the statewide expectations and goals and the 5 policy areas. Instructs the governing boards to consider performance on the statewide expectations and goals in allocating funds to the institutions and to set aside any amount that may be required by the JBC. Requires the institutions to use any moneys received under a specific policy area to improve or maintain its performance in that area. Instructs CCHE to consider the governing boards' and institutions' performance on the statewide expectations and goals in making its funding recommendations and allocating funds to the governing boards.

        Requires CCHE to adopt a statewide enrollment plan that includes specific plans for each type of institution of higher education.

        Adds the chairpersons of the house and senate education committees to the group of persons authorized to choose the higher education policy areas. Authorizes said group of persons to recommend that the general assembly appropriate funds to provide incentives for achieving the statewide expectations and goals. Requires any amount so appropriated to be indicated in a lettered note explanation to each governing board's line item. Instructs CCHE to recommend whether any amount appropriated as incentives for achieving the statewide expectations and goals should be included in base funding for subsequent fiscal years.

        Requires the Colorado commission for achievement in education to study and make recommendations concerning graduate education, and specifies the parameters of the study.

        Makes the following amendments or repeals to provide a cost-savings to CCHE:

APPROVED by Governor June 5, 1996        
EFFECTIVE June 5, 1996

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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