S.B. 04-7 State personnel system - exemptions - higher education. Modifies the criteria for determining which administrative employees of educational institutions and the department of higher education are exempt from the state personnel system to focus on an employee's duties and responsibilities rather than whether the employee reports to an officer.
Transfers the authority to determine which administrative positions in each educational institution are exempt under the criteria from the state personnel director to the president of each institution, subject to postaudit review by the state personnel director.
Transfers the authority to determine which administrative positions in the department of higher education are exempt under the criteria from the state personnel director to the director of the Colorado commission on higher education, subject to postaudit review by the state personnel director.
Requires the president of each educational institution and the executive director of the Colorado commission on higher education to submit an annual report to the state personnel director listing all positions that are exempt from the state personnel system.
APPROVED by Governor April 13, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-42 Department of higher education - student loan advisory board - reenactment - composition - affiliation - disclosure - conflict of interest - participation. Decreases the membership of the student loan advisory committee ("committee") from 12 to 11 members. Directs the governor to appoint 7 voting members, one from each congressional district. Specifies that 4 nonvoting members are to be members of the general assembly. Requires a person seeking appointment to the committee to disclose any affiliation he or she may have with another entity acting as a guarantor pursuant to federal law. Prohibits the appointment of a person who is employed by a company in competition with the student loan division. Deletes requirements that some members of the committee represent industry associations and higher education institutions.
Allows the director of the student loan division ("director") to delegate functions to the committee. Specifies procedures for the initial organizational meeting of the committee. Specifies record-keeping procedures for the committee. Requires disqualification and conflict of interest disclosures by the committee. Specifies quorum and voting procedures. Requires open meetings. Permits participation in committee meetings through the use of telecommunications devices.
APPROVED by Governor April 8, 2004
EFFECTIVE April 8, 2004
S.B. 04-57 Meningococcal disease - information. Requires each postsecondary institution in the state to provide to each new student or the student's parent or guardian certain information concerning meningococcal disease. If the student has not received a meningococcal immunization, requires the student, parent, or guardian to check a box acknowledging receipt of the information and indicating that the student has elected not to receive a vaccination for meningococcal disease.
Provides immunity to a postsecondary institution that reasonably complies with the requirements of the act.
APPROVED by Governor April 20, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
S.B. 04-189 College opportunity fund - program - performance contracting - fee-for-service contracting - enterprise status - appropriation. Establishes the college opportunity fund program ("program") in the department of higher education ("department"), to be administered by the Colorado student loan program ("CSLP"). Establishes the college opportunity fund ("fund") and specifies that the fund shall be a trust fund for the benefit of eligible undergraduate students ("students") and shall consist of a stipend for each student. Requires the general assembly, beginning with the state fiscal year commencing July 1, 2005, and for each state fiscal year thereafter, to make an annual appropriation, in trust for the students, to the fund.
Requires a student to apply for the program, and requires the CSLP to determine the student's eligibility for the stipend. Specifies that, if a student does not apply for or is determined ineligible for the program, the student shall be responsible for paying the student's total in-state tuition amount. Sets out the process for an institution of higher education to receive the stipend on behalf of a student. Prohibits a state institution of higher education ("state institution") from billing a student for any additional amount to make up for a reduction during the same fiscal year in the stipend amount or to compensate for issues relating to the timing of stipend payments.
Requires a private institution of higher education ("private institution") to enter into a performance contract with the department if the institution intends to receive a stipend paid on behalf of a student. Specifies further qualifications that a private institution must meet to receive a stipend on behalf of a student. Specifies that a student who attends a private institution may receive 50% of the stipend amount set for students enrolled in state institutions and that the amount of the stipend for the student may increase in proportion to the percentage of unfunded enrollment growth that is appropriated to the governing boards in subsequent years. Specifies how the unfunded enrollment growth will be calculated.
For the state fiscal year commencing July 1, 2005, and for each state fiscal year thereafter, requires the Colorado commission on higher education ("commission"), in consultation with the governing boards and participating private institutions, to estimate annually the number of undergraduate full-time equivalent students who are eligible for stipends at each institution of higher education and to report the numbers during the annual budget cycle. Specifies that the general assembly shall set annually the amount of the stipend per credit hour that a student may receive, which in no case shall exceed the student's total in-state tuition. Specifies that the student shall be responsible for paying the student's share of total in-state tuition, if any.
Limits the number of credit hours for which a student can receive a stipend to 145 credit hours, but allows the commission to grant a waiver of the limitation under specified circumstances. Authorizes a state institution to grant annually a one-year waiver of the lifetime-credit-hour limitation for up to 5% of the students enrolled in the institution. Specifies courses for which a student may not receive a stipend.
Beginning with the state fiscal year commencing July 1, 2005, requires the general assembly to appropriate spending authority to each governing board for the amount of cash funds exempt estimated to be received by the governing board as stipends. Specifies that the spending authority for the stipends estimated to be received shall be calculated by multiplying the applicable per-credit-hour stipend by the number of eligible student credit hours that are estimated to be attributable to each institution of higher education under the direction and control of the governing board. Requires the tuition increases from which the general assembly derives the total cash spending authority for each governing board to be noted in a footnote to the general appropriations bill.
Beginning July 1, 2004, requires each governing board of a state institution, and any private institution of higher education that intends to receive stipends on behalf of students, to negotiate a performance contract with the department that shall specify the performance goals the institution shall achieve during the period that it operates under the performance contract. Allows a state institution that enters into a performance contract with the department to request an exemption from the procurement code and the central motor vehicle fleet system. Specifies that while a state institution is operating pursuant to a performance contract, the general assembly retains the authority to approve tuition spending authority for the governing board of the institution.
Specifies that the governing board of a state institution, while operating under a performance contract, need not consult with nor obtain approval from the commission to create, modify, or eliminate academic and vocational programs offered by the institution, so long as program changes are consistent with the institution's statutory role and mission. Allows the commission to override the creation or modification of an academic or vocational program if the change is inconsistent with the institution's statutory role and mission.
Beginning July 1, 2005, requires the commission to be responsible for ensuring the provision of specific postsecondary educational services in the state. Requires the department, on behalf of the commission, to enter into fee-for-service contracts with one or more governing boards of state institutions to provide the specified higher education services. Specifies that the department may only contract with the governing board of a state institution to the extent that the contract remains consistent with the governing board's performance contract.
Beginning July 1, 2005, authorizes the governing board of a state institution to negotiate a fee-for-service contract with the department for the delivery of higher education services by the institution to the residents of the state of Colorado. Specifies the higher education services that may be the subject of the fee-for-service agreement. Requires the commission to make annual funding recommendations to the general assembly and the governor regarding the funding necessary for the department to contract on the commission's behalf for the provision of higher education services in the state. Requires the general assembly annually to appropriate to the commission an amount of general fund moneys to carry out the purposes of the fee-for-service contracts.
Authorizes a state institution or a group of institutions to be designated as an enterprise by resolution of the governing board of the institution or group of institutions for the purposes of section 20 of article X of the state constitution. Specifies that a state institution or group of institutions may be designated as an enterprise only so long as the governing board of the institution or group of institutions retains authority to issue revenue bonds on behalf of the institution or group of institutions and the institution or group of institutions receives less than 10% of total annual revenues in grants from all Colorado state and local governments combined. Specifies that the term "grant" for the purposes of section 20 of article X of the state constitution does not include: Fees received by a state institution pursuant to a fee-for-service contract between the department and the institution or the institution's governing board; or revenues received by a state institution or group of institutions that have been paid on behalf of a student as a stipend from the fund.
Grants the governing board of a state institution that is designated as an enterprise the exclusive authority to approve cash-funded capital expenditures for projects that are to be constructed, operated, and maintained solely from student fees, research building revolving funds, or other sources.
Contingent on the regents of the university of Colorado designating the university of Colorado as an enterprise under the provisions of the act during state fiscal year 2004-05, reduces the general fund appropriation to the regents by $4,500,000 and increases the regents' cash fund spending authority by the same amount.
APPROVED by Governor May 10, 2004
EFFECTIVE July 1, 2004
S.B. 04-252 Enterprises - state institutions of higher education - pledge of tuition revenues - appropriation. Authorizes a state institution of higher education ("institution") or a group of institutions to be designated as an enterprise by resolution of the governing board of the institution or group of institutions for the purposes of section 20 of article X of the state constitution. Specifies that an institution or group of institutions may be designated as an enterprise only so long as the governing board of the institution or group of institutions retains authority to issue revenue bonds on behalf of the institution or group of institutions and the institution or group of institutions receives less than 10% of total annual revenues in grants from all Colorado state and local governments combined.
Specifies that the governing board of an institution or group of institutions that is designated as an enterprise may pledge up to 10% of tuition revenues of such an enterprise and all or a portion of a facility construction fee for a contract for the advancement of money on behalf of such institution. Specifies that the governing board shall not pledge general fund moneys appropriated by the general assembly. Repeals the exclusive authority of an institution that has been designated as an enterprise to approve cash-funded capital expenditures for projects that are to be constructed, operated, and maintained solely from student fees, research building revolving funds, or other sources.
Contingent on the regents of the university of Colorado designating the university of Colorado as an enterprise under the provisions of this act during state fiscal year 2004-05, reduces the general fund appropriation to the regents by $4,500,000 and increases the regents' cash fund spending authority by the same amount.
APPROVED by Governor June 4, 2004
EFFECTIVE July 1, 2004
H.B. 04-1005 Enterprise status of auxiliary facilities of institutions of higher education. Removes the stadium at the university of northern Colorado from the statutory list of auxiliary facilities of institutions of higher education designated as enterprises in accordance with the taxpayer's bill of rights (TABOR). In connection with the list, breaks out references to specific auxiliary facilities operated by Adams state college, Mesa state college, and Western state college of Colorado. Adds specified auxiliary facilities of Metropolitan state college of Denver to the list. Clarifies that the auxiliary facilities of Fort Lewis college designated in the list concern faculty operations and activities. Clarifies that any auxiliary facilities of specified institutions of higher education that were a part of any state college's enterprise prior to the establishment of the board of trustees of the institution shall, as they relate to the institution, be designated enterprises of the board of trustees of the institution.
APPROVED by Governor March 17, 2004
EFFECTIVE March 17, 2004
H.B. 04-1006 In-state tuition - active duty armed forces dependents. Specifies that a dependent of a member of the armed forces of the United States on active duty, including but not limited to the member's spouse:
● Who is continually enrolled in college in Colorado does not lose the dependent's status as an in-state student if the member is later transferred outside of Colorado; and
● Who attends a Colorado public college within 12 months after graduating from a Colorado high school is eligible for in-state tuition unless the person attended a college outside of Colorado.
APPROVED by Governor May 27, 2004
EFFECTIVE May 27, 2004
H.B. 04-1007 Optional retirement plans - fund sponsor selection process - fiduciary duties. Requires each governing board of a state college or university that establishes an optional retirement plan to establish a formal process for selecting companies to act as fund sponsors from which participants in the plan may select investment alternatives. Specifies that the selection process shall include requirements governing the following:
● Participant access to investment alternatives;
● Monitoring of the fund sponsor's contractual obligations;
● Periodic review of the viability and attractiveness of combining plans; and
● Periodic review of the fund sponsor's performance.
Specifies that a governing board of a state college or university shall be deemed to have met its responsibilities and fiduciary duties, and limits the liability of the board and specified individuals, as long as the board complies with the requirements.
APPROVED by Governor February 20, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1009 State restrictions - optional exemption - motor vehicle fleet system - division of risk management - procurement code. Allows the governing board of each institution of higher education, by formal action of the board, and the Colorado commission on higher education, by formal action of the commission, to elect to be exempt from the requirements of the state motor vehicle fleet system, the state risk management system, and the procurement code.
If an institution of higher education or the Colorado commission on higher education elects to be excluded from the risk management system, requires the institution or commission to conduct an analysis of the institution's or commission's ability to provide workers' compensation and the estimated property and liability losses, insurance costs, and administrative costs of risk management that the institution or commission will incur by implementing an independent program. Requires the institution or commission to submit a written report to certain members of the legislature before the institution or commission implements an independent risk management program.
APPROVED by Governor April 23, 2004
EFFECTIVE July 1, 2004
H.B. 04-1037 Academic credit - American sign language - policies and procedures. Permits a higher education institution to offer one or more elective courses in American sign language ("ASL"). Requires the Colorado commission on higher education ("CCHE") to adopt policies and procedures to require higher education institutions to treat ASL as a foreign language for purposes of granting and receiving academic credit. Directs CCHE to adopt policies that:
● Allow students to receive academic credit either by completing the courses or by demonstrating proficiency in ASL; and
● Permit ASL academic credit to be counted toward satisfaction of a higher education institution's foreign language requirements, except those requirements related to the content of an academic major, and toward satisfaction of the foreign language entrance requirements of the institution.
Permits school districts to offer one or more elective courses in ASL. Allows school districts to treat ASL as a foreign language and to:
● Grant academic credit for completion of an ASL course or demonstrated proficiency in ASL; and
● Count completion of an ASL course or demonstrated proficiency in ASL toward the fulfillment of any foreign language requirement for graduation.
Allows the Colorado school for the deaf and the blind, upon request, to provide assistance for the implementation of this act to CCHE, higher education institutions, the state board of education, and school districts.
APPROVED by Governor April 5, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1039 Teacher loan forgiveness pilot program - eligibility. Beginning in the 2004-05 academic year, extends the teacher loan forgiveness pilot program to allow for payment of all or part of the principal and interest of the educational loans of a teacher who is hired for a qualified position, teaching math, science, special education, or linguistically diverse education, regardless of how long the teacher has been teaching.
APPROVED by Governor April 13, 2004
EFFECTIVE April 13, 2004
H.B. 04-1086 Community college system - governor's task force - recommendations - master plan - use of Lowry campus. Enacts the following recommendations of the governor's task force to strengthen and improve the community college system:
● For the 2004-05 state fiscal year, the state board for community colleges and occupational education ("state board") shall reduce the administrative costs of the system office by at least 35%; and
● The savings from the reduction shall be used to:
● Install a system-wide information technology system solution for the colleges;
● Restructure distance learning;
● Limit institutional research to the colleges themselves; and
● Conduct a comprehensive review of the administrative costs for career and technical education.
Requires the state board to develop a master plan for the use, sale, or development of the real property at the Lowry campus. Specifies that the net proceeds from the sale, ground lease, or other disposition of the real property at the Lowry campus be maintained in an account for the state board to use for capital-development-related projects.
Requires the state board to report to the governor and the education committees of the general assembly on the progress made in implementing the recommendations.
APPROVED by Governor May 28, 2004
EFFECTIVE May 28, 2004
H.B. 04-1166 State board for community colleges - transfer of training program funds. Authorizes the state board for community colleges and occupational education to transfer all moneys available for the Colorado customized training program to the Colorado existing industry training program for the purpose of providing funding to meet any existing demand for training and education program within existing industries.
APPROVED by Governor March 17, 2004
EFFECTIVE March 17, 2004
H.B. 04-1194 Board of governors of the Colorado state university system. Changes all references to the president and vice-president of the board of governors of the Colorado state university system ("board") to the chairman and vice-chairman of the board. Allows the board to elect a secretary and treasurer of the board either from within the board's membership or from outside of its membership.
APPROVED by Governor April 7, 2004
EFFECTIVE April 7, 2004
H.B. 04-1207 Fixed tuition and fee rate contracts - governing board guidelines - repeal. Beginning in the 2005-06 academic year, authorizes the governing board of each state-supported institution of higher education that has been designated as an enterprise ("institution") to offer a fixed tuition and fee rate to a student who is willing to enter into a fixed-rate contract ("contract") with the institution.
Specifies that, if a student is unable to complete a degree program within the duration of the contract because a course is unavailable due to a lack of available classes or class space, the institution shall provide the course to the student free of charge. Requires each governing board that is participating in the fixed tuition and fee rate program to establish guidelines for each institution under its control relating to the program, and requires the governing board to submit the guidelines to the Colorado commission on higher education for review and approval.
Repeals the program after review in 2011.
APPROVED by Governor May 28, 2004
EFFECTIVE July 1, 2004
H.B. 04-1347 Financial assistance - Colorado national guard - appropriation. Specifies that, out of any moneys provided for the financial assistance program ("program"), the Colorado commission on higher education ("commission") shall first provide tuition assistance to individuals who are members of the Colorado national guard, in addition to the military dependents who currently receive this tuition assistance priority. Specifies that the commission shall not allocate more than $650,000 in any fiscal year for the purposes of providing tuition assistance to individuals who are members of the Colorado national guard. Specifies that members of the Colorado national guard are eligible for tuition assistance to the extent that tuition assistance from other sources is first applied to the member's tuition prior to receiving assistance under the program.
For the 2004-05 fiscal year, appropriates $410,207 from the general fund to the department of military affairs, Colorado national guard tuition fund, for the implementation of the act.
APPROVED by Governor May 27, 2004
EFFECTIVE July 1, 2004
H.B. 04-1350 Student financial assistance programs - name changes - definitions - procedure changes - investments - actuarial evaluation - release of information. Changes the name of the Colorado student obligation bond authority to collegeinvest. Changes the name of the student loan program to the Colorado college access network.
Allows persons who are not residents of the state to obtain student loans through the state student loan programs. Allows trust companies and domestic branches of foreign banks that are licensed by a state or the United States to participate as lenders in the state student loan programs. Broadens the definition of "student loan" to include loans made by institutions of higher education that are not located in Colorado or by a nonprofit corporation from another state that is operating on behalf of an institution of higher education, and allows collegeinvest to make an institutional loan to such institutions and nonprofit corporations.
Allows the board of directors of collegeinvest to take action upon an affirmative vote of a majority of the board members present at any meeting at which a quorum is present. Repeals the provision that requires the student loan division in the department of higher education ("division"), except by agreement to the contrary, to originate and disburse any student obligations made or purchased by collegeinvest that are not guaranteed student loans or institutional loans. In case of a conflict between federal and state fiscal policies, directs the division to comply with the federal fiscal policies.
Clarifies that the state treasurer shall invest moneys in the prepaid expense trust fund ("trust fund") based on the direction of collegeinvest. Directs collegeinvest to evaluate the actuarial soundness of the trust fund if, at the end of a fiscal year, the aggregate amount of moneys in the trust fund that are invested in specified investments exceeds 10% of the investable assets of the trust fund. Allows, rather than requires, collegeinvest to contract with a private consultant to perform the actuarial evaluation and provide financial advice.
Repeals the requirement that collegeinvest, prior to financing the making of student obligations or institutional loans, submit a report of proposals, plans, or expectations to the Colorado commission on higher education ("commission"). Repeals the requirement that collegeinvest submit to the commission a copy of a preliminary official statement prepared in connection with the issuance of bonds or notes. Clarifies provisions regarding the terms of and the security for bonds and streamlines procedures for redemption of bonds.
Extends the protections against personal liability to the agents, as well as employees, of collegeinvest. Clarifies that, in addition to bonds, any notes or other obligations issued by collegeinvest are eligible for investment by fiduciaries. Allows collegeinvest to release data, information, or records generated as a result of the Colorado prepaid postsecondary education expense program and the college savings plan to the department of revenue.
APPROVED by Governor April 21, 2004
EFFECTIVE July 1, 2004
H.B. 04-1361 Area vocational schools - name change - credit transfers. Allows the governing body of an area vocational school to identify the area vocational school as a technical college. Directs the state board for community colleges and occupational education to adopt policies to ensure the transfer of postsecondary course credits from area vocational schools to institutions within the state system of community and technical colleges. Clarifies that any postsecondary course credits earned by a student while enrolled in an area vocational school may be transferred into an associate degree program at a community college or into another degree program at a 4-year institution in accordance with existing state credit transfer policies.
APPROVED by Governor May 21, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1405 Education and cultural facilities authority - cultural housing facilities - multistate program. Authorizes the Colorado educational and cultural facilities authority to finance housing facilities that serve the cultural needs of their residents if the facility is part of a multistate financing program. Repeals the limitation in the definition of "educational institution" that excludes branch programs of institutions whose primary campus or facilities are located outside of Colorado.
APPROVED by Governor May 28, 2004
EFFECTIVE May 28, 2004
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