APPROVED by Governor April 13, 2000
EFFECTIVE April 13, 2000
S.B. 00-64 Enterprise status of student loan division - expiration - repeal. Repeals the expiration of the enterprise status designation of the student loan division in the department of higher education.
APPROVED by Governor March 10, 2000
EFFECTIVE March 10, 2000
S.B. 00-117 Tuition assistance - dependents of deceased or permanently disabled national guardsmen, law enforcement officers, and firefighters - appropriation. Authorizes a dependent of a deceased or permanently disabled national guardsman, law enforcement officer, or firefighter, regardless of the dependent's age, to be permitted to pursue studies, free of tuition and room and board charges, leading toward the dependent's first bachelor's degree or certificate of completion upon being accepted for enrollment into any state institution. Requires, as a condition of continued assistance, that the dependent maintain a cumulative grade point average of at least 2.5 on a 4.0 scale. Limits the length of assistance receipt to 6 years from the date of enrollment.
Allows dependents pursuing studies at a nonpublic institution of higher education within the state to receive the assistance, but limits assistance to the average tuition and room and board costs at a comparable state institution during the previous year. Also permits students attending an out-of state institution to receive tuition assistance, not to exceed the average cost at a comparable state institution during the previous year, but not room and board assistance.
Directs the Colorado commission on higher education, rather than the state institutions, to provide tuition and, if appropriate, room and board assistance to such dependents through appropriated student financial assistance funds.
Repeals provisions granting financial assistance for a dependent of a deceased or permanently disabled national guardsman, law enforcement officer, or firefighter in the form of purchase of an advance payment contract, a savings contract, or an account through the college savings program.
Appropriates $57,274 to the Colorado commission on higher education within the department of higher education for the provision of financial assistance to dependents eligible under the act.
APPROVED by Governor June 1, 2000
EFFECTIVE June 1, 2000
S.B. 00-164 Colorado student obligation bond authority - transfer - board - property - CSOBA fund - enterprise status - prepaid expense program - prepaid expense trust fund - investment of funds by treasurer - prepaid expense program promotion - college savings program. Transfers the CSOBA to the department of higher education ("department"), as a division thereof. Specifies that the CSOBA shall exercise its powers, duties, and functions under the department as if it were transferred by a type 2 transfer. Provides for the employment of personnel necessary to operate the CSOBA, and specifies that such personnel are exempt from the state personnel system.
Transfers the current board of directors of the CSOBA ("board") to the CSOBA in the department. Maintains the existing structure of the board and sets forth certain organizational and administrative duties and procedures of the board.
Transfers all property and funds of the currently existing CSOBA to the CSOBA in the department. Provides that any contractual designation or statutory reference to the currently existing CSOBA or its board of directors, on and after the transfer, shall be deemed to apply to the CSOBA in the department or, as applicable, to the board. Specifies that no suit, action, or other judicial or administrative proceeding commenced prior to the transfer, by or against the currently existing CSOBA, its board, or any officer thereof, shall abate by reason of the transfer of the CSOBA to the department.
Creates the Colorado student obligation bond authority fund ("fund") in the state treasury. Directs that all moneys received or acquired by appropriation, grant, contract, or gift or by any other means, as well as any interest earned on such moneys, shall be credited to the fund and are continuously appropriated to the CSOBA; except for amounts received in connection with the prepaid expense program and the savings program or moneys whose disposition is otherwise provided for by law or by a trust indenture. Allows moneys in the fund to be used for obligations incurred by the CSOBA in carrying out its statutory powers and duties and for salaries and operating expenses. Authorizes the state treasurer to invest any moneys in the fund that are not needed for immediate use by the CSOBA.
Identifies the CSOBA as an enterprise for the purposes of section 20 of article X of the state constitution as long as the CSOBA retains the ability to issue revenue bonds and receives less than 10% of its annual revenues in grants from governmental entities.
Grants to the executive director of the department of higher education the powers and duties not otherwise granted to the CSOBA and the powers and duties to oversee the CSOBA. Sets forth the general powers and duties of the CSOBA.
Directs the CSOBA to develop and administer the Colorado prepaid postsecondary education expense program ("prepaid expense program"). Repeals provisions concerning the Colorado postsecondary education expense savings program and the savings trust fund. Creates the Colorado prepaid postsecondary education expense trust fund ("prepaid expense trust fund"), and directs the state treasurer to invest moneys in the prepaid expense trust fund and to make disbursements from the prepaid expense trust fund in connection with the prepaid expense trust fund.
Transfers all moneys in the currently existing Colorado prepaid expense trust fund with the CSOBA transfer to the department of higher education. States that all moneys remitted by purchasers, receivables for moneys due to be remitted, and other moneys received by the prepaid expense program shall be transmitted by the authority to the state treasurer and credited to the prepaid expense trust fund. Requires the CSOBA to contract with a private consultant for an actuarial evaluation of the prepaid expense trust fund and to provide any evaluative report of the fund to the state treasurer. If the prepaid expense trust fund is determined not to be actuarially sound, directs the state treasurer to distribute the available assets of the fund. If the CSOBA calculates that an excess of assets exists in the prepaid expense trust fund, directs the CSOBA to pay out such excess upon distribution or retain such excess in a stabilization fund.
Identifies acceptable methods of investing funds of the CSOBA. Directs the department to adopt and prepare the annual budget of the CSOBA. Requires the CSOBA to design policies for the promotion of the prepaid expense program and the college savings program and for the disclosure of program-related information to purchasers, beneficiaries, account owners, and depositors. Identifies policy requirements. Identifies the powers and duties of the CSOBA in administering the college savings program. Specifies that nothing in the college savings program administered by the CSOBA shall be construed to create an indebtedness, a debt, or a liability of the state.
Grants immunity from personal liability to members of the board and employees of the CSOBA on savings contracts. Requires that all moneys received by the college savings program be deemed trust funds. Exempts all moneys credited to or expended from the college savings program by or on behalf of an account owner, depositor, or designated beneficiary from all claims of creditors of any such person.
APPROVED by Governor May 26, 2000
EFFECTIVE May 26, 2000
S.B. 00-176 Colorado educational and cultural facilities authority - educational and cultural facilities - eligibility for participation. Makes the following changes to the "Colorado Educational and Cultural Facilities Authority Act":
APPROVED by Governor April 13, 2000
EFFECTIVE April 13, 2000
S.B. 00-183 Colorado institute of technology - established - board. Repeals and reenacts in a new location, with amendments, the statutory authority for the Colorado institute of technology ("institute"). Authorizes certain institutions and systems of higher education to incorporate the institute as a nonprofit corporation. Specifies that the institute is not a governmental entity and is not subject to laws applicable only to governmental agencies, but is subject to the Colorado open records and open meetings laws.
Specifies the membership on the board of directors of the institute, and directs the board to establish policies and direction for the institute. Establishes a mission for the institute. Authorizes private entities and institutions of higher education to participate with the institute.
APPROVED by Governor March 8, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
S.B. 00-207 Nursing scholarship program - appropriation. Makes the Colorado nursing scholarship program a permanent program by eliminating the provision that would have repealed the program on July 1, 2000.
Appropriates $238,800 to the commission on higher education to fund the scholarship program for the 2000-01 fiscal year. Allows for the appropriation by reducing the appropriation made in the 2000 long bill to the capital construction fund for further appropriation to the department of transportation for highway construction projects by $238,800.
APPROVED by Governor May 26, 2000
EFFECTIVE May 26, 2000
H.B. 00-1122 Colorado school of mines - fund - creation - control and use - moneys invested. Creates the Colorado school of mines fund ("fund") to be administered by the board of trustees of the Colorado school of mines ("board"). Specifies that all moneys received by the board and all interest derived from those moneys are to be credited to the fund and are not to revert to the general fund at the end of any fiscal year. Specifies that the moneys in the fund are to be used in carrying out the statutory duties of the board. Permits the board to determine the amount of moneys that are not needed for immediate use and that may be invested by the treasurer. Clarifies that the proceeds from the sale or lease of lands belonging to the Colorado school of mines and the interest thereon are to be deposited in the fund.
APPROVED by Governor April 11, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1127 Fees - political activity or issue advocacy. Prohibits collection of a separate student fee or charge for an organization engaged in political activity or issue advocacy unless the student or parent affirmatively authorizes the payment of the fee.
APPROVED by Governor April 7, 2000
EFFECTIVE April 7, 2000
H.B. 00-1190 Colorado student obligation bond authority - bonds - maximum aggregate principal amount. Increases, from $900 million to $1.3 billion, the aggregate principal amount of outstanding bonds that may be issued by the Colorado student obligation bond authority for the purpose of purchasing or making student obligations or making authority loans.
APPROVED by Governor March 16, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1276 Colorado student obligation bond authority - confidentiality - records. Repeals and reenacts, with amendments, the confidentiality provisions specifically related to the Colorado student obligation bond authority ("authority") to state that all data, information, and records relating to the prepaid expense trust fund, the prepaid expense program, and the college savings program are public records; except that confidentiality extends to specified data, information, and records.
Allows the authority to disclose and provide the right of access to or inspection of data, information, or records to agents or representatives of professionals with whom the authority has contracted, or to the state treasurer, or to other third parties if the account owner and designated beneficiary, or the purchaser or purchasers of the advance payment contract, as applicable, have consented in writing to such disclosure. Prohibits a cause of action from arising against a person who improperly discloses confidential information unless the disclosure was intentional or grossly negligent.
APPROVED by Governor March 29, 2000
EFFECTIVE March 29, 2000
H.B. 00-1355 Colorado high technology scholarship program - income tax credit - refund of excess state revenues to comply with TABOR. Creates the Colorado high technology scholarship program (the program) for the purpose of awarding scholarships to in-state students who enroll in Colorado institutions of higher education and pursue high technology related certificates or degrees.
Creates the high technology scholarship program advisory committee in the department of higher education (the department). Specifies the membership of the advisory committee and the terms of the appointed members of the advisory committee. Requires the advisory committee to establish general guidelines for the department to use in awarding scholarships under the program. Eliminates the advisory committee on July 1, 2010, but provides for sunset review of the committee prior to that date.
Requires the Colorado commission on higher education (CCHE), in consultation with the high technology scholarship program advisory committee, to determine the eligibility requirements for scholarships to be awarded under the program.
Requires filing any application for a high technology scholarship with the department and specifies certain information to be included in the applications. Authorizes the executive director of CCHE to award scholarships to persons in amounts as determined by the department of higher education consistent with the general guidelines for awarding scholarships established by the high technology scholarship program advisory committee and any limitations imposed by an individual or entity that makes contributions to the program. Requires the executive director to give primary consideration to an applicant's financial need in awarding scholarships. Requires scholarships to be paid from moneys in a newly created high technology scholarship fund.
Authorizes the department to accept monetary contributions for scholarships to be awarded under the program. Requires the department to issue certificates to individuals and entities that make monetary contributions.
Specifies that monetary contributions received by the department for purposes of the program shall be credited to the high technology scholarship fund. States that moneys in the fund shall be used to pay scholarships awarded through the program and the administrative costs of the department. Requires all interest earned on moneys in the fund to be credited to the fund and specifies that moneys in the fund shall not be credited or transferred to any other fund.
As a method of refunding state revenues in excess of the constitutional limitation on state fiscal year spending, for income tax years commencing on or after January 1, 2001, for which the amount of excess state revenues is at least $330,000,000, as annually adjusted for inflation, establishes a credit against the state income tax for monetary contributions made to the program for which a certificate is issued by the department. Specifies that the credit shall be allowed in an amount equal to 25% of the total contributions made by a taxpayer in an income tax year, but prohibits the amount of the credit from exceeding 15% of the taxpayer's income tax liability for that tax year. If the income tax credit is claimed, requires the amount of any federal income tax deduction for monetary contributions to the program that may be allowed to be added back to federal taxable income for Colorado income tax purposes.
APPROVED by Governor May 26, 2000
EFFECTIVE August 2, 2000
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see the note from page vi of this digest.
H.B. 00-1430 Advanced technology fund - CCHE - waste diversion and recycling - reporting - tire fee decreased. Creates the advanced technology fund ("fund"). Specifies that the sources of moneys for the fund shall be transfers from:
Requires the Colorado commission on higher education ("CCHE") to expend moneys in the fund to finance research, development, and technology transfer with regard to waste diversion and recycling strategies or environmental alternatives. Specifies that any moneys transferred into the fund from the waste tire recycling development cash fund must include research, development, and technology transfer regarding waste tires. Requires CCHE to biennially report to the general assembly about these activities.
On July 1, 2000, decreases the waste tire recycling development fee from one dollar to 75 cents per tire. On July 1, 2000, eliminates the authority for the appropriation to the Colorado housing and finance authority that consisted of the remaining half of the moneys in the waste tire recycling development cash fund, after administrative costs. On and after July 1, 2000, such moneys are to be distributed as follows: Two-thirds to the department of local affairs and one-third to CCHE.
APPROVED by Governor June 1, 2000
EFFECTIVE June 1, 2000
H.B. 00-1464 Basic skills courses - institutions offering - freshmen assessments - data and reporting. Requires the Colorado commission on higher education ("commission") to adopt, and the governing boards of state institutions of higher education to implement, standards and procedures whereby basic skills courses may be offered by such institutions. Permits only community colleges, local community colleges, Adams state college, and Mesa state college to receive state reimbursement for offering basic skills courses. Prohibits all other institutions from offering basic skills courses, unless the courses are offered by contract through an institution authorized to offer the courses. Prohibits Metropolitan state college of Denver and the university of Colorado at Denver from either offering basic skills courses or contracting for such courses.
Requires institutions offering basic skills courses to track students who take the courses, compile specified data, and report annually to the commission. Directs the commission to report annually an analysis of the data regarding students who take basic skills courses, the costs of providing basic skills courses, and the ability of students taking such courses to complete successfully requirements for graduation. Requires the commission to disseminate the analysis to each school district and public high school.
Directs the governing board of each institution of higher education to adopt policies, beginning with the fall semester 2001, that ensure first-year students take basic skills assessment tests in English and math. Requires students whose scores indicate a need for remediation to take the appropriate basic skills course work before the end of their freshman year.
APPROVED by Governor June 1, 2000
EFFECTIVE June 1, 2000
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