S.B. 98-82 Colorado postsecondary educational facilities authority - change of name - institutions eligible for assistance. Changes the name of the "Colorado Postsecondary Educational Facilities Authority Act" to the "Colorado Educational and Cultural Facilities Authority Act" and changes the name of the Colorado postsecondary educational facilities authority to the Colorado educational and cultural facilities authority.
Expands the institutions the authority may assist from institutions of postsecondary education to any governmental, quasi-governmental, or nonprofit educational institution, including charter schools and any institution that provides an educational program to the residents of the state.
Specifies that no financial obligation of a charter school incurred pursuant to the "Colorado Postsecondary Educational Facilities Authority Act" shall become an obligation of the school district that granted the charter to the charter school unless the district consents in writing and the authority obtains a legal opinion that the obligation is legally permissible.
APPROVED by Governor May 4, 1998
EFFECTIVE May 4, 1998
S.B. 98-128 Prepaid tuition program - dependents of slain and disabled law enforcement officers - confidentiality - fund. Directs that tuition assistance for dependents of slain or disabled national guardsmen, law enforcement officers, and firefighters be provided through the purchase of advance payment contracts from the Colorado student obligation bond authority, with respect to dependents who are 16 and under as of January 1, 1999.
If the Colorado commission on higher education is notified of the existence of a dependent within one year after the dependent becomes eligible, directs the commission to purchase on behalf of the dependent in the name of the state an advance payment contract for 4 years of tuition. If the commission is notified more than one year after a dependent becomes eligible, directs the commission to purchase the number of tuition credits that can be purchased with the same amount that would have purchased contracts for 4 years of tuition. If the tuition contracts are not sufficient, directs the commission to provide additional tuition assistance from appropriated financial assistance funds, but the additional assistance shall not make up for any shortfall due to the lack of timely notification of the existence of a dependent.
If the eligible dependent has not used or is not then using the tuition assistance when the dependent reaches the age of 25, directs the commission to request a refund of the advance payment contract, and requires that the refund moneys be paid to the general fund.
Establishes that certain records relating to the Colorado prepaid postsecondary education expense trust fund are confidential and that the Colorado student obligation bond authority shall deny the right to access and inspection of such records under the Colorado open records laws. Authorizes the authority to release records relating to a specific prepaid contract upon the written consent of the purchaser and to release reports required by statute. Limits causes of action for wrongful disclosure of confidential information to cases where the wrongful disclosure was grossly negligent or intentional.
Specifically includes within the prepaid expense trust fund receivables for moneys due to be remitted.
APPROVED by Governor April 10, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall 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 that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
S.B. 98-183 Colorado Northwestern community college - entry into state system of community and technical colleges - future appropriation. Provides for the approval of a plan submitted by Colorado Northwestern community college (CNCC) to join the state system of community and technical colleges upon enactment of an appropriation to fund CNCC as a part of the state system. Sets forth the question to be placed on the November 1998 ballot for the voters of the Rangely junior college district (RJCD) to approve CNCC joining the state system and the continuation of the RJCD's authority to collect property taxes. Specifies the question to be placed on the November 1998 ballot for the voters of the Moffat county affiliated junior college district (MCAJCD) to approve continuation of the MCAJCD's authority to collect property taxes through 2008 if the RJCD voters approve CNCC joining the state system. Specifies that CNCC shall enter the state system if the plan is approved by a majority of the voters in the RJCD and if moneys are appropriated therefor.
Specifies that, upon entry into the state system of community and technical colleges, CNCC shall be under the management and control of the state board of community colleges and occupational education, the assets and liabilities of CNCC shall be transferred to the state board, and the educational facilities of CNCC shall be immediately eligible for state controlled maintenance funds.
Provides that, if CNCC is approved for acceptance into the state system of community and technical colleges, the RJCD shall remain in existence and continue to collect property tax and specific ownership tax in the district in the initial amount of 5 mills plus the mill levy required for debt service on outstanding general obligation bonds previously approved by voters. Specifies how the tax moneys collected may be used. Provides that the RJCD shall also maintain the liability for outstanding general obligation bonds, but provides for all other liabilities and all assets to transfer to the state board of community colleges and occupational education. Specifies the reduced powers of the RJCD board of trustees, including those powers necessary to levy taxes and distribute the revenues therefrom in accordance with specified purposes. Directs that any remaining assets of the RJCD shall be transferred to the state board of community colleges and occupational education upon future dissolution of the district.
Upon approval of acceptance of CNCC into the state system by the RJCD and if the MCAJCD ballot measure passes, provides that the MCAJCD shall remain in existence and continue to collect property tax for a period not to exceed 10 years in the initial amount of 3 mills. Specifies how the tax moneys collected may be used. Specifies the reduced powers of the MCAJCD board of control, including those powers necessary to levy taxes and distribute the revenues therefrom in accordance with the specified purposes.
Provides for the transfer of MCAJCD's assets and liabilities to the state board of community colleges and occupational education except for tax revenues and except for those assets specified in the plan. Dissolves the MCAJCD on January 1, 2009, and provides for the repeal of its enabling statutory provisions thereafter. If CNCC is accepted into the state system but the MCAJCD voters do not approve the ballot measure, identifies 3 options for governance of the MCAJCD from which the MCAJCD board of control shall select within one year after the election.
Specifies that upon approval of acceptance of CNCC into the state system and upon approval of the ballot measure by the MCAJCD voters, the initial advisory council for CNCC shall consist of 3 members of the RJCD board of trustees, 3 members of the MCAJCD board of control, and one member at large to be appointed by the state board of community colleges and occupational education from the CNCC designated service area.
Acknowledges that implementation of the act will require appropriations in future fiscal years.
APPROVED by Governor May 26, 1998
EFFECTIVE May 26, 1998
H.B. 98-1021 Auxiliary facilities - extension of enterprise status designation. Extends the expiration date for the designation of certain higher education auxiliary facilities as enterprises from June 30, 1999, to June 30, 2009. Adds to the list of higher education auxiliary facilities designated as enterprises:
Eliminates from the list of higher education auxiliary facilities designated as enterprises:
APPROVED by Governor April 10, 1998
EFFECTIVE April 10, 1998
H.B. 98-1031 Private occupational school division - board established - powers. Abolishes the private occupational school policy advisory committee, effective June 30, 1998. Creates the private occupational school board in the department of higher education, and specifies that it will exercise its powers and duties under a type 1 transfer. Authorizes the governor, with the senate's consent, to appoint the 7 members of the board to 4-year staggered terms. Specifies that 3 members of the board are owners or operators of private occupational schools that receive federal funds and 4 members are representatives of the general public, at least one of whom represents bankers and at least 2 of whom represent businesses that employ students of private occupational schools. Prohibits certain persons from serving on the board. Specifies that the private occupational school division shall provide staff support.
Transfers the following existing duties from the private occupational school division to the board:
Requires any person claiming any type of pecuniary loss, not limited to tuition and fees, as a result of a deceptive trade or sales practice by a private occupational school or agent to file a complaint with the board. Specifies that a person filing a complaint must exhaust his or her remedies with the board prior to filing a complaint in district court.
BECAME LAW March 17, 1998
EFFECTIVE March 17, 1998
H.B. 98-1052 Work-study programs - for-profit organizations. Adds for-profit organizations to the list of organizations with which educational institutions may enter into student employment contracts under the state work-study program.
APPROVED by Governor March 6, 1998
EFFECTIVE March 6, 1998
H.B. 98-1084 Auraria board - continuation. Continues the existence of the board of directors of the Auraria higher education center by repealing the repeal clause in current law, and deletes a provision in current law that was enacted in anticipation of the sunset of the board.
APPROVED by Governor March 6, 1998
EFFECTIVE March 6, 1998
H.B. 98-1252 Fort Lewis college - role and mission - graduate instruction. Deletes the prohibition in current law on graduate level instruction at Fort Lewis college from the college's role and mission statement.
APPROVED by Governor April 21, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall 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 that is allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of
this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date
of the official declaration of the vote thereon by proclamation of the governor.
H.B. 98-1318 University of Colorado health sciences center - Fitzsimons trust fund - repeal. Authorizes the creation of the Fitzsimons trust fund for the purpose of setting aside moneys to fund future capital construction projects for the university of Colorado health sciences center when it moves to the former Fitzsimons army base. States that the fund shall be comprised of general fund revenues in excess of the statutory limit on general fund appropriations that are transferred to the capital construction fund and then appropriated from the capital construction fund to the trust fund. States that appropriations may be made out of the fund for capital construction projects that have been approved by the board of regents, the Colorado commission on higher education, the capital development committee, the general assembly, and the joint budget committee.
Repeals the fund on July 1, 2008.
APPROVED by Governor May 22, 1998
EFFECTIVE May 22, 1998
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