Education Universities And Colleges - Digest of Bills

Digest of Bills - 2006

EDUCATION UNIVERSITIES AND COLLEGES

S.B. 06-31 Members of the armed forces and dependents - higher education programs on military bases - in-state tuition status - college opportunity fund stipend. Allows a member of the armed forces or a dependent of a member of the armed forces to receive in-state tuition status and a college opportunity fund stipend for a program offered on or after July 1, 2007, by an institution of higher education that has entered into a performance contract with the department of higher education pursuant to section 23-5-129, C.R.S., and that the eligible undergraduate student attends for credit on a military base.

APPROVED by Governor June 6, 2006
EFFECTIVE June 6, 2006

S.B. 06-32 Tuition - in-state status for dependents of members of the military. Clarifies the language concerning in-state status for dependents of members of the military.

APPROVED by Governor March 31, 2006
EFFECTIVE March 31, 2006

S.B. 06-46 Pre-kindergarten - K-12 - higher education - legislative committee and special P-16 council - appropriation. Finds and declares the importance and necessity of a legislative oversight committee ("committee") to work with a special council ("P-16 council") to study education issues associated with pre-kindergarten through higher education. Creates a committee to oversee the work of the P-16 council. Specifies membership and identifies duties of the committee.

Creates the P-16 council to study the creation and implementation of an integrated system of education from pre-kindergarten through higher education. Specifies membership and identifies duties of the P-16 council, including issues to be studied.

Creates the P-16 cash fund.

For the 2006-07 fiscal year, appropriates from the general fund $20,156 and 0.4 FTE to the legislative department for the implementation of the act.

VETOED by Governor May 26, 2006

S.B. 06-67 Mental health - suicide prevention - pilot program - repeal. Requires the Colorado commission on higher education to select, on or before July 1, 2007, one or more state institutions of higher education ("state institution") willing to participate in a suicide prevention pilot program. A selected state institution shall adopt a policy to distribute to and maintain a consent form for each student enrolled in the institution. The consent form shall allow the state institution to notify a contact person, as designated by the student, if a person who has been designated by the state institution has a reasonable belief that the student is considering suicide or may be a danger to himself or herself. Allows the student to sign, change, or revoke a consent form at any time. Provides specific immunity from liability for a state institution participating in the pilot program. Requires the Colorado commission on higher education to make a report to the education committees of the senate and house of representatives regarding the implementation of the act. Repeals the article July 1, 2010.

APPROVED by Governor June 2, 2006
EFFECTIVE June 2, 2006

S.B. 06-111 Health education curricula - cultural competency - task force - appropriation. Encourages Colorado institutions of higher education offering health education programs to include courses ensuring knowledge of cultural awareness and competence in their respective health service fields. Directs the department of public health and environment to lead a task force on cultural competence, composed of no more than 35 individuals selected by the department's executive director to represent health curriculum specialists from Colorado institutions of higher education, health-related licensing boards, statewide health-related professional associations, statewide religious and ethnic groups, and the department. Directs the task force to study and make recommendations by July 1, 2007, on specific course curricula for each health-related education field offered. Directs the department to issue an annual report card regarding existing and proposed cultural competency curricula. Requires health care-related entities within the division of registrations in the department of regulatory agencies to consider the task force's recommendations and to submit recommendations by July 1, 2008, concerning whether a cultural competency continuing education requirement should be adopted for health care licensees. Authorizes the use of tobacco settlement moneys for the task force.

Appropriates $130,882 and 1.7 FTE to the department of public health and environment, for allocation to the administration and support division, for the implementation of the act.

VETOED by Governor May 26, 2006

S.B. 06-136 Nursing teacher loan forgiveness pilot program - fund - repeal - appropriation.Authorizes Collegeinvest to establish a nursing teacher loan forgiveness pilot program ("pilot program") for persons who teach courses in nursing at a Colorado public institution of higher education for a period of at least 5 consecutive academic years after receipt of an advanced degree. Specifies other required conditions for the loan forgiveness. Establishes the nursing teacher loan forgiveness fund ("fund"). Repeals the program effective July 1, 2018.

Appropriates $161,600 from the general fund to the fund.

APPROVED by Governor June 1, 2006
EFFECTIVE June 1, 2006

S.B. 06-144 Instructors - health and dental insurance benefits - study - report. Requires the Colorado commission on higher education (commission) to conduct a study to determine the impact of providing health and dental insurance benefits to persons who are employed by one or more state colleges, universities, or community colleges (state institutions of higher education) and who teach an aggregate of 15 or more credit hours at one or more state institutions of higher education in a consecutive 12-month period (instructors).

In the course of conducting the study, directs the commission to determine the number of instructors who are employed by one or more state institutions of higher education and who are not eligible to enroll in health and dental insurance benefit plans provided through such institution, the number of instructors who are teaching at each institution, the cost of providing health and dental insurance benefits to instructors, and any other information deemed necessary by the commission.

Directs the commission to work with each state institution of higher education that employs instructors in order to collect the required information. In connection with the study, requires each institution to evaluate the options for and costs of including instructors in health and dental insurance benefit plans. Requires the commission to submit a report the general assembly detailing the results of the study no later than January 15, 2007.

APPROVED by Governor May 4, 2006
EFFECTIVE May 4, 2006

S.B. 06-152 Higher education - investments - Mesa state college - Colorado school of mines. Allows the treasurer of Mesa state college to be a member of the board of trustees for Mesa state college. If the board of trustees of Mesa state college or the Colorado school of mines votes to invest the college's assets, requires the respective board of trustees to establish an investment advisory committee consisting of at least 5 members to make recommendations to their respective boards of trustees regarding investments and to annually develop a written investment policy. Specifies persons who shall be included on the advisory committees. Expands the investment authority the respective boards of trustees may exercise on behalf of Mesa state college and the Colorado school of mines.

VETOED by Governor June 2, 2006

S.B. 06-203 Colorado commission on higher education - rulemaking. On and after the effective date of the act, requires all policies and amendments to existing policies adopted by the Colorado commission on higher education to be promulgated in accordance with the "State Administrative Procedure Act".

VETOED by Governor June 2, 2006

S.B. 06-204 Governing boards - appointments. Amends the statutes pertaining to each higher education governing board ("governing board") to require that:

● A member of the governing board who is appointed by the governor continue to serve until a successor is appointed and confirmed by the senate;

● No more than a majority of the governor-appointed members of a governing board be of the same political party; and

● The terms of the appointed members expire December 31 or the third calendar year following the calendar year in which the member is appointed and that the governor appoint a succeeding member on or before March 1 immediately following the expiration of the term.

Requires one of the nine governor-appointed members of the board of governors of the Colorado state university system ("CSU") to be a graduate of CSU.

States that it is the intent of the general assembly that the governor consider specified qualifications when appointing members to a governing board.

APPROVED by Governor May 26, 2006
EFFECTIVE May 26, 2006

S.B. 06-205 Colorado commission on higher education - qualifications - advisory committee membership. Requires that at least 2 members of the Colorado commission on higher education ("commission") have experience in the field of higher education. Requires the commission to establish a process whereby the governing boards of the state institutions of higher education on a rotating basis shall designate the nonlegislative members of the commission's advisory committee, and outlines the qualifications of the nonlegislative members.

VETOED by Governor June 2, 2006

S.B. 06-209 Higher education financing task force - analysis - recommendations - report - repeal. Creates a higher education financing task force to analyze and make recommendations regarding the system of financing for higher education in Colorado. Specifies the membership of the task force. Requires the private institution of higher education participating on the task force to make available to the task force the institution's financial records pertaining to the expenditures of public moneys.

Requires each state institution of higher education ("state institution") to have a program cost assessment completed by the national education finance organization selected by the task force to collect verifiable data regarding the actual cost to educate a student by specific academic disciplines, as well as varying costs of educating a student by academic level, at the state institution. Requires each state institution to submit the data collected from the completed cost analysis to the task force and the Colorado commission on higher education. Requires the task force to analyze the current levels of funding for undergraduate students and the financing structure for graduate level courses in relation to the costs necessary and appropriate to achieve the role and mission of each state institution. Specifies the topics for which recommendations shall be made to the general assembly. Contains a reporting requirement.

Repeals the task force, effective July 1, 2007.

VETOED by Governor May 26, 2006

H.B. 06-1024 Governing boards - report on underserved students - online textbook library.Requires the governing board of each institution of higher education ("state institution") to submit to the Colorado commission on higher education and the education committees of the senate and the house of representatives by September 1, 2006, a report regarding programs and services for underserved students. Urges each governing board of a state institution to consider the creation and implementation of an on-line textbook library at the state institution to allow students to purchase only those materials needed for the applicable course work.

APPROVED by Governor June 1, 2006
EFFECTIVE June 1, 2006

H.B. 06-1046 Private occupational schools - designated schools require fingerprint-based criminal history record check - data collection and confidentiality - fines - appropriation.Authorizes the private occupational school board ("board") to designate, by category of instruction, private occupational schools ("schools") that teach students under 16 years of age for which instructional staff or prospective instructional staff shall be required to submit fingerprints for a criminal history record check prior to commencing or continuing employment in a designated school.

Requires all instructional staff or prospective instructional staff seeking to commence or continue employment at a designated school to submit a complete set of fingerprints to the Colorado bureau of investigation for the purpose of conducting a state and national fingerprint-based criminal history record check. Allows the board to review the results of the fingerprint-based criminal history record check in assessing whether an instructional staff or prospective instructional staff person meets minimum standards of qualification.

Authorizes the board to prescribe uniform reporting policies and procedures for schools to obtain unit record data ("data"). Makes violation of the confidentiality of the data a class 1 misdemeanor, and requires the perpetrator to be removed or dismissed from public service.

Allows the board to promulgate rules and adopt procedures to establish, impose, and collect fines, in addition to requesting a temporary restraining order or an injunction, on entities that violate the provisions of statutes or rules relating to private occupational schools. Requires the board to consider any pattern of noncompliance when assessing penalties.

For fiscal year 2006-07, appropriates out of the private occupational schools fund to the department of higher education, division of private occupational schools, the sum of $10,957 and transfers to the department of law the sum of $10,957 and 0.1 FTE for the provision of legal services to the division of private occupational schools related to this act.

APPROVED by Governor May 17, 2006
EFFECTIVE May 17, 2006

H.B. 06-1093 Colorado northwestern community college - ballot question - mill levy - Moffat county affiliated junior college district. Creates a ballot question to be submitted to the voters of the Moffat county affiliated junior college district to determine whether to extend indefinitely the mill levy and the Moffat county affiliated junior college district for Colorado northwestern community college. Allows the ballot question to be proposed in up to 3 successive elections if initially rejected. Allows the state board for community colleges and occupational education to dispose of aircraft or equipment used by the Colorado northwestern community college in its aviation-related programs, with any proceeds from the disposal used to benefit Colorado northwestern community college.

APPROVED by Governor March 31, 2006
EFFECTIVE March 31, 2006

H.B. 06-1260 Student loan division - director and name - Collegeinvest bond limit - sale of assets. Specifies that the director of collegeinvest shall be the director of the student loan division in the department of higher education ("division"). Repeals the advisory committee on student loans. Specifies that the division shall be an enterprise so long as it meets the requirements of section 20 of article X of the state constitution. Changes the name of the student loan program to the Colorado student loan program.

Increases the limit on the amount of outstanding bonds of collegeinvest to $2 billion. Provides that if the collegeinvest authority sells or transfers all or a substantial portion of its responsibilities, the proceeds of the sale or transfer are subject to appropriation by the general assembly.

APPROVED by Governor April 18, 2006
EFFECTIVE July 1, 2006

H.B. 06-1269 Nursing faculty - fellowship program. Creates a nursing faculty fellowship program ("program") to fund qualified nursing faculty positions at schools of nursing in Colorado. Under the program, provides for an annual payment of up to $10,000 for up to 3 years for a qualified position in a nursing school, subject to available gifts, grants, and donations. Authorizes the Colorado commission on higher education ("commission") to implement and administer the program beginning in the fall semester of the 2007-08 academic year, subject to available gifts, grants, and donations. Establishes a fund to receive gifts, grants, and donations. Directs the commission to prepare an annual report concerning implementation of the program.

APPROVED by Governor April 24, 2006
EFFECTIVE April 24, 2006

H.B. 06-1285 Tuition - accountable student program - health sciences professions. Creates an accountable student program ("program") for students in a university of Colorado at Denver and health sciences center professional health care program ("health care program"). The program requires students who, at the time of admission, will not be receiving any funding from the state to participate in the program and to sign an agreement to pay a special support fee to reimburse the state for costs incurred through participating in the health care program. Mandates that the special support fee not be reduced or waived regardless of any future determination of in-state tuition status for the student. Requires a student who participates in the program and subsequently leaves the university of Colorado at Denver for reasons other than a medical disability to repay the difference between the amount paid for the special support fee and the amount of tuition that would have been otherwise assessed.

APPROVED by Governor April 18, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1317 Energy report. Directs the Colorado energy research institute and the energy and environmental security initiative at the school of law of the university of Colorado to annually create a Colorado energy profile containing up-to-date statistical energy information relating to Colorado.

Appropriates $316,000 and 4.0 FTE from the operational account of the severance tax trust fund to the department of higher education for the implementation of the act.

VETOED by Governor June 2, 2006

H.B. 06-1336 Uniform athlete agents act - regulation - appropriations. Adopts the "Uniform Athlete Agents Act" for the uniform registration of sports agents (athlete agents) seeking to represent student athletes who are or may be eligible to participate in intercollegiate sports with respect to commercial endorsement contracts or contracts to become professional athletes (agency contracts).

Requires athlete agents to register with the division of registrations in the department of regulatory agencies within 7 days after contact with a student athlete in this state. Requires athlete agents to disclose certain information in order to be registered. Provides for reciprocal registration with other states that have adopted the uniform act. Requires a nonresident athlete agent to maintain a registered agent in the state to receive service of process.

Imposes certain requirements and disclosures to be given to student athletes in an agency contract, including the amount and method of calculating the athlete agent's compensation, the name of any unregistered person receiving compensation because the student athlete signed the agreement, a description of reimbursable expenses and services to be provided, and warnings disclosing the cancellation and notice requirements under the uniform act. Gives student athletes a statutory right to cancel an agency contract within 14 days after the agency contract is signed without penalty.

Requires the athlete agent in addition to the student athlete to give notice of an agency contract made with an athlete agent to the athletic director of the affected educational institution within 72 hours after signing the agency contract or before the student athlete's next scheduled athletic event, whichever occurs first.

Gives the educational institution a statutory right of action against an athlete agent or former student athlete for damages, including losses and expenses incurred as a result of the educational institution being penalized, disqualified, or suspended from participation by an athletics association or conference or as a result of reasonable self-imposed disciplinary actions taken to mitigate sanctions. Allows for the recovery of costs and reasonable attorney fees to the prevailing party.

Prohibits an athlete agent from:

● Providing materially false or misleading information or making a materially false promise or representation with the intent of inducing a student athlete to enter into an agency contract;

● Furnishing anything of value to a student athlete or another person before the student athlete enters into the agency contract;

● Violating certain registration requirements.

Makes such violations a class 1 misdemeanor for a first offense and a class 6 felony for a second or subsequent offense. Authorizes the court, upon motion of the attorney general or the district attorney, to impose a civil penalty of not more than $25,000 for violations of the uniform act.

For the fiscal year beginning July 1, 2006, appropriates:

● $1,289 from the division of registrations cash fund to the department of regulatory agencies for the implementation of the act;

● $43,397 and 0.5 FTE out of the division of registrations cash fund to the department of regulatory agencies for the implementation of the act;

● $1,289 to the department of law for the provision of legal services to the department of regulatory agencies. Specifies that such sum shall be from cash funds exempt received from the department of regulatory agencies out of the appropriation made to the department of regulatory agencies by the act.

VETOED by Governor May 26, 2006

H.B. 06-1360 Bioscience research - grant program - appropriation. Creates in the Colorado office of economic development ("office") the bioscience discovery evaluation grant program ("program") for the purpose of improving and expanding the evaluation of new bioscience discoveries at research institutions. Requires the office to administer the program and the director of the office to consult with a Colorado bioscience membership organization in the implementation of the program.

Specifies that the program shall provide grants to offices of technology transfer affiliated with state research institutions. Specifies the eligibility criteria for the program and reporting requirements for both the grantees and the office. Creates the bioscience discovery evaluation cash fund ("cash fund") for the costs associated with implementing and administering the program.

For the 2005-06 fiscal year, transfers $2,000,000 of the general fund portion of limited gaming fund moneys to the cash fund. For the 2006-07 fiscal year, appropriates $2,000,000 from the cash fund to the office of the governor for allocation to the office for implement of the act.

APPROVED by Governor June 5, 2006
EFFECTIVE June 5, 2006

H.B. 06-1399 College opportunity fund - spending authority. If there are moneys remaining in the college opportunity fund after the last academic term of a state fiscal year, allows a governing board of an institution of higher education ("governing board") to expend up to 3% of the amount originally authorized as stipends received on behalf of eligible undergraduate students for postsecondary educational services purchased by the department of higher education ("department") through fee-for-service contracts. Authorizes the department to transfer general fund spending authority from stipends to fee-for-service contracts in an equivalent amount to fulfill its fee-for-service contract obligations.

APPROVED by Governor May 26, 2006
EFFECTIVE May 26, 2006